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BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0042
17-0042
VARRA COMPANIES INC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING (SAND, GRAVEL AND STONE) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LOTS A, B, C AND D OF RE -3922 BEING PART NW4 SECTION 33. T3N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 28: APPROXIMATELY 0.5 MILES WEST OF
CR 19.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinances in effect.
Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the continuation of agricultural land
uses and agricultural operations for purposes which enhance the economic health and sustainability
of agriculture." Following mining, the reclaimed land use will be two (2) reservoir basins totaling
89.37+/- surface acres.
Section 22-4-30.B WA.Goal 2. Strive to maintain and protect water supply storage facilities,
conveyances and infrastructure adequate to sustain continued water use, and Section 22-4-30.B.1
WA.Policy 2.1. Land use regulations should protect the historic and future operational viability of
water storage, conveyance and delivery infrastructure when applications for proposed land use
changes are considered. Following mining disturbances, the reclaimed land use will result in two (2)
reservoir basins totaling 89.37+/- surface acres. The water from the reservoirs can be made available
for either urban or agricultural uses, but the basins alone are essential to providing a means to store
and manage available waters. Lands not otherwise occupied will be later developed to the highest
possible end use. and will likely comprise a mixed use, which may include other agricultural uses as
well as light residential, commercial or industrial uses.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral
resources." According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the
property is classified as T-1 (Stream Terrace Deposits — relatively clean and sound). The application
materials indicated that this property has no overburden and that extraction activities will remove
aggregate to a mean depth of 39 -feet from the natural grade of the surface.
Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface and subsurface mining
activities on the surrounding land, land uses, roads and highways." The applicant will utilize an
existing overhead conveyor to transport the mineral resource north to the Varra Company Kurtz facility
located south of and adjacent to State Highway 66.
Section 22-5-80.O.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal,
state and local environmental standards." The extraction of the resource will commence on lands
adjacent to County Road 28 and move in a southerly direction across the site. As stated in the
application there will be no materials processing of materials on this property. Two single family
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RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 2
residences are in close proximity of the northern extraction limits. Per the applicant's narrative, unless
closer distances are agreed to, extraction limits are kept no closer than 125 feet from any residential
structure. The applicant proposes to utilized trucked in water for dust suppression and abatement
and will cease operations during high wind events. The applicant also has a State of Colorado
Division of Reclamation. Mining and Safety. Division/DBMS. Permit No. M2015-033, conditionally
approved on May 18, 2017.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone
District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan
and a Special Review Permit for a Mineral Resource Development including Open Pit Mining and
Materials Processing (sand, gravel and stone). in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The area is comprised of irrigated and non -irrigated agricultural lands with
several properties actively under extraction activities. Immediately adjacent to the west within the
Town of Firestone is the Heintzelman pit (M2009-018); west of the Heintzelman pit is the LG
Everist Inc. Firestone Gravel Resource pit (M1996-052, Weld County Permit no. AmUSR-1102).
Lands to the south have a center pivot and are in agricultural production; lands to the east have a
center pivot and are in agricultural production and lands immediately adjacent to the north are
permitted for mineral resource development for Ready Mix Concrete Company Nix pit (M2001-046)
and further north is the permitted and operational Varra Kurtz Resource Recovery and Land
Development project (M1999-006, Weld County Permit no. MUSR11-0001). The relatively rural
nature of the area and the current and proposed mining operations make this proposed mining
operation and reclamation plan compatible with surrounding land uses.
The Department of Planning Services has received no telephone calls or correspondence concerning
this land use application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities. The Towns of Firestone,
Mead and Platteville and the City of Fort Lupton are within the three-mile referral area of the project
site. The Town of Firestone returned a referral dated August 7. 2017 requesting that the facility not
impede storm flows getting to the St. Vrain River. The Town of Mead in their referral dated August 7.
2017 that the proposal is outside of Mead's planning area, therefore the Town have no objections.
The City of Fort Lupton returned a referral dated October 2, 2017 and stated the site is outside of our
three-mile plan and comprehensive plan area. The Town of Platteville did not respond. The
proposed permit area currently consists of pasture grasses and in general the surrounding property
is primarily irrigated and non -irrigated agricultural lands. There are four mineral resource
developments within one mile of this proposed facility. Planning Staff believes that, with the
endorsement of the Conditions of Approval, contained in this recommendation, the approval of this
use will not jeopardize the health, safety and welfare of the surrounding property owners.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code.
The proposed mine is located within a Federal Emergency Management Agency (FEMA) regulatory
floodplain. A Flood Hazard Development Permit is required for any development in the floodplain.
Building Permits issued will be required to adhere to the fee structure of the County -wide Road
Impact; the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning
Services)
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use. The property to be mined contains "Prime"
agricultural lands and Prime if Irrigated agricultural lands that do not have irrigation water, therefore,
no irrigated agricultural land will be taken out of production with this proposal. The land is presently
vacant without improvements and is planted in pasture grasses.
RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 3
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code),
Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
H Section 23-4-250 -- Additional requirements for Open -mining has been addressed through this
application and the Development Standards will insure compliance with Section 23-4-250 Weld
County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0042. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. County Road 28 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
5. County Road 17 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
6. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii (60 -
feet) on the site plan. (Department of Public Works)
7. Show and label the approved tracking control on the site plan. (Department of Public Works)
8. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of
the traveled surface be less than 35 feet. (Department of Public Works)
9. Should exterior lighting be a part of this facility, all lighting shall be delineated on the USR Map in
accordance with the approved Lighting Plan. (Department of Planning Services)
10. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
11. The applicant shall show and label the floodplain boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
12. The applicant shall show the drainage flow arrows, (Department of Planning Services — Engineer)
13. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-50.E of the Weld County Code.
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RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 4
B. Any improvements or new construction in the floodplain shall require a Flood Hazard Development
Permit. (Department of Planning Services — Floodplain).
C. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut -sheets for the
proposed light standards to be utilized at the mine for review and approval. (Department of Planning
Services)
D. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage repair,
specified haul routes and future traffic triggers for improvements will be included. (Department of
Public Works)
2. Prior to Mining:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
If more than one (1) acre is to be disturbed for construction of non -gravel pit items such as structures,
parking lots, laydown yards et cetera..., a Weld County grading permit will be required. (Department
of Planning Services -Engineer)
C. If applicable, the applicant shall submit a CLOMR to FEMA, for review and approval, prior to mining
the property delineating the pre -developed floodplain conditions and the proposed floodplain
conditions after mining. (Department of Planning Services - Floodplain).
D. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services. (Department of Planning Services)
E. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
3. The Special Review activity shall not occur nor shall any building permits be issued on the property until
the Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder.
(Department of Planning Services)
4. The attached Development Standards for the Special Review Permit shall be adopted and placed on the
Special Review Map prior to recording. The completed map shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners.
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the map not be
recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners resolution a S50.00 recording continuance charge shall added for each additional 3 month
period. (Department of Planning Services)
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RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 5
Motion seconded by Bruce Sparrow.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Terry Cross
Tom Cope
Gene Stifle
Lonnie Ford
Against Passage Absent
Michael Wailes
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 21, 2017.
Dated the 21st of November, 2017
aib6ncYayi.loC2n1.
Kristine Ranslem
Secretary
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RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra Companies, Inc.
Parcel 122 Resource Development Project
USR17-0042
A Site Specific Development Plan and Special Review Permit, USR17-0042 for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust. fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with the approved "waste handling plan", at all times. (Department of Public Health and
Environment)
6. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
7. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. The operation shall remove. handle, and stockpile overburden, soil, sand and gravel from the facility area
in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
10. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment. Portable toilets
shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of
Public Health and Environment)
11. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
12. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 7
13. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health
and Environment)
14. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
15. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with
applicable rules and regulations. Any reportable spills will be reported and documented in accordance with
all state and federal regulations and records will be kept onsite for WCDHPE review upon request.
(Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
17. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
18. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
19. The applicant shall notify the County upon receipt of any compliance advisory or other notice of
noncompliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services — Engineer)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services — Engineer)
23. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1885E and #08123C -1895E effective date January 20. 2016 (Unnamed
Floodplain). Any development shall comply with all applicable Weld County requirements. Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59. 60,
and 65. The FEMA definition of development is any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services -
Floodplain)
24. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
25. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as determined
by Weld County staff require an amendment to this USR Permit. (Department of Planning Services)
26. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 8
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
27. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations
to the hours of day light except in the case of public or private emergency or to make necessary repairs to
equipment. Hours of operation may be extended with specific permission from the Weld County Board of
County Commissioners. This restriction shall not apply to operation of administrative and executive offices
or repair and maintenance facilities located on the property. (Department of Planning Services)
28. Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary. for the depth of the setback in order to protect against and/or
reduce noise. dust, and erosion. (Department of Planning Services)
29. The property owner shall control noxious weeds on the site. (Department of Public Works)
30. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
32. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2012 International
Building Code; 2012 International Mechanical Code: 2012 International Plumbing Code: 2006 International
Energy Code: 2012 International Fuel Gas Code; 2014 National Electrical Code; 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Program.
(Department of Planning Services)
34. The number of employees associated with the daily operations of mining and processing operations is
limited to 12 persons per shift. (Department of Planning Services)
35. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
36. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15"' of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
37. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-250, Weld County Code.
40. Necessary personnel from the Weld County Departments of Planning Services. Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations. (Department of Planning Services)
41. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit by
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RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 9
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
42. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not
commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it
shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to
grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by
Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4
of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning
Services)
43. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
44. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas. and coal.
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the states
commercial mineral deposits are essential to the state's economy: (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover. these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
45. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views. spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads: dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes: hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
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RESOLUTION USR17-0042
VARRA COMPANIES INC
PAGE 10
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas. in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
PG Mus
II- 21 11
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 21, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Terry Cross, Tom Cope. Lonnie
Ford.
Absent: Michael Wailes.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell, Department of
Health: Evan Pinkham, Public Works: Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the November 7, 2017 Weld County Planning Commission minutes, Moved by Gene
Stille. Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0042
VARRA COMPANIES INC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING (SAND, GRAVEL AND STONE) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LOTS A, B, C AND D OF RE -3922 BEING PART NW4 SECTION 33, T3N, R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 28: APPROXIMATELY 0.5 MILES WEST
OF CR 19.
Kim Ogle, Planning Services, presented Case USR17-0042, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Garrett Varra, 8120 Gage Street, Frederick, Colorado. stated that this project is a continuation of the mining
they have done in the area since 1990. He added that they have exploited the majority of the resources
there and have acquired more property to the south. Mr. Varra said that the existing access to the site is
safe and has less impact for their neighbors. They have met with their neighbors early and often and they
feel this is a good site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement:
however, they would like to make requests for amendments regarding the hours of operation, etc. at the
Board of County Commissioner's hearing.
Motion: Forward Case USR17-0042 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola. Seconded by Bruce Sparrow.
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Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Terry Cross, Tom Cope.
Meeting adjourned at 1:44 pm.
Respectfully submitted,
PAA4LAet.
Kristine Ranslem
Secretary
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