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Home My WebLink About20153475.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0038, FOR MINING OR RECOVERY OF OTHER MINERAL DEPOSITS AND MATERIALS PROCESSING (GRAVEL MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of in the Chambers of the Board, for the pu rpose of November, 2015, at the hour of 10:00 a.m , p p hearing the application of Timbro Ranch and Cattle Company, LLC, P.O. Box 367, Springfield, NE 68059, c/o Wells Trucking, LLC, 32010 CR 63, Gill, CO 80624, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0038, for Mining or Recovery of Other Mineral Deposits and Materials Processing (gravel mining) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: All of Section 10, Township 9 North, Range 59 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by John Kolanz, Northern Colorado Attorneys, 2725 Rocky Mountain Avenue, Loveland, CO 80538, and WHEREAS, Section 23-2-230 of the Weld County Code pr ovides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has of the Weld County Code as follows: shown compliance with Section 23-2-230.6 p A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-5-80.6 (CM.Goal 2) states: "Promote the reasonable and orderly exploration and development of mineral resources." According to the Weld County Sand and Gravel Resources Map, dated July 1, 1975, the property is classified as unevaluated aggregate located on an upland deposit — mesa or bench like erosional remnants of ancient stream deposits. The proposed mining site is located in a rural rangeland area on an escarpment. 2015-3475 0,c): Cc ., 113 PL2378 SPECIAL REVIEW PERMIT (USR15-0038) -TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC PAGE 2 Upon completion of mining operations topsoil scaped from the site will be spread across the site and will be stabilized and re-vegetated with native seed mixture. 2) Section 22-5-80.B.3 (CM. Policy 2.3) states: "Ensure that development of mineral resources addresses the impacts of such development." The proposed mining location is a rural area. The proposed mining area is located on 37 acres out of the 600-acre parcel. Development Standards and Conditions of Approval (including requiring a road maintenance and improvements agreement to address impacts and damages to county roads) are attached to address the impacts of the proposed operation. 3) 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." A Road Maintenance and Improvements Agreement is attached as a Condition of Approval to address impacts to County roads (including dust control, damage repair, specified haul routes and future traffic triggers for improvements). B. Section 23-2-230.B.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 Use by Special Review Permit for a Mineral Resource Development Facility, including a Gravel Mining Operation in the A (Agricultural) Zone District. C. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The mining site is located in a rural area. The nearest single family residence is located approximately 4,200 feet to the south of the mining area. Another residence (on property under the same ownership as the mining property) is located approximately 5,000 feet to the west of the mining site. There is a Noble oil and gas well located in the southeast corner of the parcel (outside of the area proposed to be mined). D. Section 23-2-230.B.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 site is not located within a three-mile referral area of an existing municipality. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 2015-3475 PL2378 SPECIAL REVIEW PERMIT (USR15-0038) -TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC PAGE 3 F. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 106.4 acres delineated as "Other," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open-mining have been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Timbro Ranch and Cattle Company, LLC, c/o Wells Trucking, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0038, for Mining or Recovery of Other Mineral Deposits and Materials Processing (gravel mining) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. An Improvements and Road Maintenance Agreement is required for off-site improvements at this location. Road maintenance, including dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR15-0038. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) Show the approved access and label with the approved Access Permit Number (AP#15-00381). 5) Show and label all recorded easements by book and page number or reception number and date. 2. Upon completion of Condition of Approval#1 above, the applicant shall submit one (1) paper copies or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of 2015-3475 PL2378 SPECIAL REVIEW PERMIT (USR15-0038) -TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC PAGE 4 the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty(120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR O ATTEST: ddr..A4A) G: .-e1140 e r ara Kirkmeyer, Ch it Weld County Clerk to the Board Mike Freeman, Pro-Tem Deputy CI rk to the B Sean P. Conway /APPR'VE O. : to +� 1� Julie Cozad a o my Attorney 1 '1 4S Steve Moreno Date of signature: // --r 2015-3475 PL2378 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC USR15-0038 1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0038, is for Mining or Recovery of Other Mineral Deposits and Materials Processing (gravel mining) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 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, Section 30-20-100.5, C.R.S. 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 6. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as stipulated by the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 7. Fugitive Dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commissions Air Quality Regulations. 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 9. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable. 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 10. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 11. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 2015-3475 PL2378 DEVELOPMENT STANDARDS (USR15-0038) -TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC PAGE 2 12. The operation shall comply with the Mine Safety and Health Act (MSHA). 13. The application shall comply with the Occupational Safety and Health Act (OSHA). 14. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. 15. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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 used which may be confused with, or construed as, traffic control devices. 16. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 17. The historical flow patterns and runoff amounts will be maintained on the site. 18. The site shall be maintained to mitigate any impacts to the public road including damages and/or off-site tracking. 19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. 20. There shall be no tracking of dirt or debris from the site onto publicly maintained roads. The applicant is responsible for mitigation of any road damages or offsite tracking and maintaining onsite tracking control devices. 21. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following have 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. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 23. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250 of the Weld County Code. 24. 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. 2015-3475 PL2378 DEVELOPMENT STANDARDS (USR15-0038) -TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O WELLS TRUCKING, LLC PAGE 3 25. The Use by 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 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. 26. 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. 27. 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 state's 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. 28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2015-3475 PL2378 Hello