HomeMy WebLinkAbout20152785.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0031, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING (GRAVEL MINING
OPERATION) IN THE A (AGRICULTURAL) ZONE DISTRICT- HARMS RANCH, LLC,
C/O PINE BLUFFS GRAVEL AND EXCAVATING, INC.
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 26th day of
August, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Harms Ranch, LLC, 52715 CR 136, Pine Bluffs, WY 82082, c/o Pine Bluffs
Gravel and Excavating, Inc., 600 Parsons Street, Pine Bluffs, WY 82082, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0031, for a Mineral Resource
Development Facility, including Open Pit Mining and Materials Processing (gravel mining
operation) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Subdivision Exemption, SUBX15-0025; being part of
Section 34, Township 11 North, Range 58 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides 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
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
1) Section 22-5-80.6 (CM.Goal 2) states: "Promote the reasonable
and orderly exploration and development of mineral resources."
The proposed mining site is located in a rural rangeland area. Upon
completion of mining operations, the property will be reclaimed to
its previous state (grazing land/rangeland).
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2) Section 22-5-80.6.3 (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 32.2 acres out of the entire
section. Conditions of Approval and Development Standards
(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 proposed gravel mine is
located in a rural area. Wind turbines, associated with USR-1723, are
located on the property and on adjacent properties.
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.B.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.
F. Section 23-2-230.B.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is located on 32.2 acres of land delineated as "High Potential
Dry Cropland - Prime if Irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The remainder of the parcel,
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with the exception of the access road into the mining area and existing wind
turbines along the northern boundary of the section, is unimproved
rangeland.
G. Section 23-2-230.B.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 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 the application and the Development Standards, which
will insure compliance with Section 23-4-250 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Harms Ranch, LLC, c/o Pine Bluffs Gravel and
Excavating, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0031, for a Mineral Resource Development Facility, including Open Pit Mining and
Materials Processing (gravel mining operation) 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
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 proposed gravel mining operation is within the boundaries of
USR-1723 (a wind energy facility with a generating capacity up to
250.5 megawatts (MW) along with a 230-kilovolt (kV) electric transmission
line, an interconnection facility to tie into an existing 72-mile transmission
line, existing collector transmission lines, up to three permanent 80-meter
meteorological towers, one (1) substation, an operations and maintenance
building/facility, and one (1) temporary batch plant and construction
facility). The applicant shall submit a request to vacate the mining area from
the boundaries of USR-1723. Upon approval, a partial vacation plat shall
be submitted for recording.
C. The Subdivision Exemption, SUBX15-0025, plat shall be submitted for
recording. The Subdivision Exemption shall include the access road to the
mining operation from CR 127.
2. The plat shall be amended to delineate the following:
A. All sheets of the map shall be labeled USR15-0031.
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B. County Road (CR) 124 is an unmaintained section line right-of-way. The
applicant shall delineate the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of
right-of-way. This road is not maintained by Weld County.
C. Show and label the approved access(es), turning radii, and Access Permit
Number (AP#15-00086).
D. All future and existing County Roads shall be delineated, including their
existing and future right-of-way.
E. All recorded easements shall be delineated by book and page number or
reception number
3. Prior to construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed for construction of non-gravel
pit items such as permanent structures, parking lots, etc., a Weld County
Grading Permit will be required.
4. The Use by Special Review activity shall not occur, nor shall any building permits
be issued on the property, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
5. Upon completion of Conditions of Approval #1-4 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
6. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat 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 be added for each additional three
(3) month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of August, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY COLORADO
ATTEST: dat44) C jeldoeiarbara Kirk eyer, hair
Weld County Clerk to the Board
EXCUSED
Mike Freeman, Pro-Tem
Dep "y Clerk to t e Board ,•��� ���`��
. Conway
APPROVED AS TO FORM: I''� trifk? A. C.zad
ounty Attorney
/17/1 Steve Moreno
Date of signature: /
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HARMS RANCH, LLC, C/O PINE BLUFFS GRAVEL AND EXCAVATING, INC.
USR15-0031
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0031, is
for Mineral Resource Development Facility, including Open Pit Mining and Materials
Processing (gravel mining operation) in the A (Agricultural) Zone District, as indicated in
the application materials on file and 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 Divisio 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 Commission's Air Quality Regulations.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, 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 the state and federal
agencies and the Weld County Code.
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11. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
12. The operation shall comply with the Mine Safety and Health Act (MSHA).
13. The operation shall comply with the Occupational Safety and Health Act (OSHA).
14. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight, 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.
15. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
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 run-off amounts will be maintained on the site.
18. 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 off-site tracking and
maintaining on-site tracking control devices.
19. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
20. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
21. Building Permits issued on the property will be required to adhere to the fee structure of
the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
25. 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.
26. 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.
27. 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 Chapter 23, Division 4,
of the Weld County Code in order to reestablish any Use by Special Review.
28. 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.
29. 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.
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