The URL can be used to link to this page

Browse Search

Home My WebLink About20141739.tiff mod. t�86�r�1 ✓ ! VI Nil U [7 e,, LAND USE APPLICATION SUMMARY SHEET Case Number: USR14-0005 Hearing Date: May 20, 2014 Applicant: Terry Grazing Association, P.O. Box 3170, Cheyenne, Wyoming 82003 do Connell Resources, Inc., Fort Collins, Colorado 80528 c/o Bill Schenderlein, Blue Earth Solutions, Fort Collins, Colorado 80522 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing and an Asphalt batch plant in the A (Agricultural) Zone District. (Connell Carr Pit) Legal Description: All of Section 21, Township 11 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17 Size of Parcel: 640 acres, more or less; 382 acres to be mined Parcel Number: 0201-21-0-00-002 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies with comment: • US Army Corps of Engineers referral dated February 11, 2014 • Weld County Department of Public Works referral dated February 24, 2014 • Platte River Power Authority referral dated February 26, 2014 • Weld County Department of Environmental Health referral dated March 11, 2014 • Colorado Department of Transportation referral dated March 19, 2014 The Department of Planning Services' staff has received responses from the following agencies without comment: • Weld County Zoning Compliance referral dated February 10, 2014 • Nunn Telephone referral dated February 11, 2014 • Tri-State Generation and Transmission referral dated February 13, 2014 • State of Colorado, Division of Water Resources referral dated February 14, 2014 • West Greeley Soil Conservation District referral dated February 18, 2014 • Weld County Building Inspection, referral dated April 8, 2014 Connell Resources—Carr Pit USR14-0005 Page 1 The Department of Planning Services' staff has not received responses from the following agencies: < Poudre REA < Larimer County Planning < Colorado Historical Society < Nunn Fire Protection District < Weld County Sheriff's Office < Weld County School District RE-9 < State of Colorado Division of Parks and Wildlife < State of Colorado Division of Mining Reclamation Safety Connell Resources—Carr Pit USR14-0005 Page 2 Ar Co LAND USE APPLICATION �_ SUMMARY SHEET Case Number: USR14-0005 Hearing Date: May 20, 2014 Applicant: Terry Grazing Association, P.O. Box 3170, Cheyenne, Wyoming 82003 c/o Connell Resources, Inc., Fort Collins, Colorado 80528 c/o Bill Schenderlein, Blue Earth Solutions, Fort Collins, Colorado 80522 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing and an Asphalt batch plant in the A (Agricultural) Zone District. (Connell Carr Pit) Legal Description: All of Section 21, Township 11 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17 Size of Parcel: 640 acres, more or less; 382 acres to be mined Parcel Number: 0201-21-0-00-002 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 temporary mining disturbances from the proposed Connell Carr Pit, the reclaimed land use will be returned to rangeland for the continuation of agricultural operations. Section 22-2-20.A A.Goal.2 states "Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises." The proposed operation will occur on land leased by a local Connell Resources—Carr Pit USR14-0005 Page 3 ranching establishment that has adjacent lands in agricultural rangeland use. The reclaimed mining area will be re- incorporated into the usable rangeland of the ranch. Section 22-2-20.C A.Goal.3 states "County land use regulations recognize and respect the rights afforded by the State Constitution and associated statutes of individually decreed water rights. Water rights are considered real property and should be protected as any other private property right." The proposed mining operation will not use or retain surface water and is not expected to encounter ground water. Therefore, the temporary operation will not negatively affect the surrounding hydrologic balance or established water rights. 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 top soils are typically less than six inches in depth on the site, but overburden thickness can range from less than six inches to over four feet. The topsoil that exists, will be removed and stockpiled for use during site reclamation. Across the site, the sand and gravel deposit is located on benches adjacent to Lone Tree Creek, and varies from ten (10) to twenty- f iv e ( 25) feet in depth. 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 enter into an Improvements and Road Maintenance Agreement that will include repair and triggers for improvement. A new Road Maintenance and Improvements Agreement for County Road 126 (haul route) with triggers: (1) 10 vph during peak hour turning left into the facility-left deceleration lane. (2) 25 vph during peak hour turning right into the facility-right deceleration lane. (3) 50 vph during peak hour turning right out of the facility- right acceleration lane. Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." The processing area will be located approximately six hundred (600) feet east of County Road 17 and approximately one-thousand (1000) feet north of County Road 126 within the mine area. Four single family residences are in close proximity, with the nearest residence located approximately1000 feet to the northwest, the second residence is located 1500 hundred feet to the north west, the third residence is located approximately 2000 feet to the southwest and the fourth residence is located 2500 feet to the south from the proposed processing area and batch plant location. The Pre-Mining Plan delineates five overburden stockpiles in the form of a linear berm that have been located on-site to mitigate potential off-site concerns of residences in the near vicinity. 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/DRMS, Permit No. M2014-001, conditionally approved on May 9, 2014. 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), and Section 23-3-40.A.4 Asphalt batch plant 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. With the exception of the community of Carr, properties surrounding the proposed Connell Carr Pit site are primarily rural agricultural non- irrigated rangeland. The community of Carr includes approximately 30 to 40 semi-rural Connell Resources—Carr Pit USR14-0005 Page 4 residential home lots southeast of the site. Adjacent to the northwest corner of the proposed permit area is the permitting Tucker Pit (M-1980-002) and further southeast is a permitted L.G. Everist aggregate mining property (M-1988-048) and the L.G. Everist and Plains All-American Pipeline railroad load-out yard. The rural nature of the area and the existing mining operations make the proposed mining operation and reclamation plan compatible with surrounding land uses. 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 proposed permit area currently consists of rangeland utilized by the owner's cattle and bison operations and in general the surrounding property is primarily rangeland for the grazing of cattle with the community of Carr located to the southeast. 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 proposal is not located within a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA), but Lone Tree Creek is not mapped at this location as delineated on FIRM Community Panel Maps #080266-0175C and #080266-0025C dated September 28, 1982 for the Floodplain. A Flood Hazard Development Permit is not required. Building Permits issued on the property will be required to adhere to the following fees. Building Permits issued will be required to adhere to the fee structure of the County-wide Road Impact Program. (Department of Planning Services) Building Permits issued will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) F. 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 no "Prime" agricultural lands, thus, no prime farm land will be taken out of production with this proposal. The subject site is primarily classified as "High Potential Dry Cropland - Prime if irrigated" and "Other Land" as delineated on the Important Farmlands of Weld County map, dated 1979. The land is presently utilized for the grazing of livestock. 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 Department of Planning Service's staff recommendation for approval is conditional upon the following: Connell Resources—Carr Pit USR14-0005 Page 5 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR14-0005. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. County Road 126 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 126 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of- way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 5. County Road 19 is designated on the Weld County Road Classification Plan as a section line road, which has no right-of-way for the first one-half mile north of County Road 126. At the one-half mile mark there is presently 60 feet of right-of- way. All setbacks shall be measured from the edge of future right-of-way. This road is not maintained by Weld County. (Department of Public Works) 6. A vehicle hacking conhcl pad consisting of a double cattle guard will be required to prevent tracking of material from your site in the way of mud or debris on to Weld County Roads. This needs to be placed and shown on the plat drawing across both lanes. (Department of Public Works) 7. Setbacks to the mining operation are measured from the right-of-way or future right-of-way lines plus the standard setback of 20 feet in the agricultural zone district. No structure will be allowed in the future right-of-way. (Department of Planning Services) 8. Show the approved access on the plat and label it with the approved access permit number (AP#14-00043). (Department of Public Works) 9. A culvert is required at any approved road access point; the 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. Please delineate the culvert on the USR map. (Department of Public Works) 10. Should exterior lighting be a part of this facility, all light standards shall be delineated on the USR Plat. (Department of Planning Services). (Department of Planning Services) 11. Should signs be a part of this facility, all signs shall be delineated on the USR Plat. (Department of Planning Services). (Department of Planning Services) B. The applicant shall attempt to address the requirements of the Department of Public Health and Environment, as stated in their referral response dated March 11, 2014. Evidence of approval shall be submitted in writing to the Department of Planning Services, specific to: Connell Resources—Carr Pit USR14-0005 Page 6 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternately, the applicant can provide evidence from the Air Pollution Control Division, Colorado Department of Health and Environment that they are not subject to these requirements (Department of Public Health and Environment) C. The applicant shall submit an Improvements and Road Maintenance Agreement for the new location for the Connell Carr Pit located on County Road 126. A new Road Maintenance and Improvements Agreement for County Road 126 (haul route) with triggers: (1) 10 vph during peak hour turning left into the facility-left deceleration lane; (2) 25 vph during peak hour turning right into the facility-right deceleration lane; (3) 50 vph during peak hour turning right out of the facility-right acceleration lane; will be required for the Connell Carr Pit. (Department of Public Works) D. 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 facility for review and approval. (Department of Planning Services) E. If signs are proposed the applicant shall submit a Sign Plan with sign structure dimensions and all sign locations to be utilized at the facility for review and approval. (Department of Planning Services) 2. Prior to Mining: A. Contact the Permitting/Inspection agent for Weld County Public Works for a Right-of- Way permit for any work that may be required in the right-of-way. A special transport permit will be required for any oversized or overweight vehicles that may access the site and may also be obtained through the same office. (Department of Public Works) B. 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 plat 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 Plat prior to recording. The completed plat 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 plat not be recorded within the required one hundred twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) Connell Resources—Carr Pit USR14-0005 Page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Terry Grazing Association Connell Resources Carr Pit USR14-0005 1. A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing and an Asphalt batch plant in the A (Agricultural) Zone District. (Connell Carr Pit), 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. 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. 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) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Department of Public Health and Environment) 11. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious Connell Resources—Carr Pit USR14-0005 Page 8 surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 12. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) 13. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. (Department of Planning Services) 16. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Planning Services) 17. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of Planning Services) 18. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 19. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning Services) 20. Section 23-4-290.6 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) Applicant is requesting the hours of operation are 6:00AM to 7:00PM Monday through Saturday. (Department of Planning Services) 21. 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) 22. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) 23. 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 Section 15-1-180. (Department of Public Works) 24. During mining, stormwater run-off from the disturbed area will generally be contained within the mine pit. The historical flow patterns and run-off amounts will be maintained on site. (Department of Public Works) 25. Buildings, equipment and structures shall conform to the requirements of the various codes Connell Resources—Carr Pit USR14-0005 Page 9 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; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 26. 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) 27. Should human remains be discovered during mining activities, the requirements under State Law C.R.S. part 13 apply and must be followed. (Department of Planning Services) 28. The number of employees associated with the daily operations of mining and processing operations is limited to 6 persons per shift. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 31. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 32. 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) 33. 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 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. 34. 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) 35. 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) 36. 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, Connell Resources—Carr Pit USR14-0005 Page 10 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. 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, sand burs, 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. Connell Resources—Carr Pit USR14-0005 Page 11 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3549 C v i FAX: (970)304-6498 r April 30, 2014 JOHNSON LARRY 7785 HIGHLAND MEADOWS PKWY SUITE 100 FT COLLINS, CO 80528 Subject: USR14-0005 - A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities, including Open Pit Mining and materials processing, an asphalt batch plant and related accessory building in the A(Agricultural)Zone District On parcel(s)of land described as: ALL OF SECTION 21, T11N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 20, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 18, 2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully. n Digitally sgned by Kristine Ranslem F2ason:lam the author of thisdocument Date:2014.04.30 09:45:04-06'00' Kim Ogle Planner N DEPARTMENT OF PLANNING SERVICES i fi 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970)353-6100, Ext. 3549 N ' FAX: (970)304-6498 February 10, 2014 JOHNSON LARRY 7785 HIGHLAND MEADOWS PKWY SUITE 100 FT COLLINS, CO 80528 Subject: USR14-0005 - A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities, including Open Pit Mining and materials process, an asphalt batch plant and accessory in the A(Agricultural)Zone District On parcel(s)of land described as: ALL OF SECTION 21, T11N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, Digitally an:l am edth authisriof thi doc dem f�a�n:lamtheauthorofthisdocument Date:2014.02.1014:28:47-07'00' Kim Ogle Planner From: Charlene Olson To: Km Onle Subject: per voice mail -question Date: Friday,May 16,2014 1:23:02 PM Hello Kim, Well, I'm still at it...©. After the town meeting with Connell Resources, I sent an e-mail to the Director of Public Affairs at Union Pacific Railroad (UPR). The e-mail contained info and links to both case U USR13-0065 (LG Everist) and USR14-0005 (Connell). I was then forwarded to their Legal/Law Department to answer my question as to how they are involved in "planning proposals" that I felt would impact their operations including maintenance and safety of the crossing on CR 126 due to increased traffic both on the rail as well as on the road. I also wanted to understand how UPR interacted with Weld County because I would have thought that they would have to work with the county to partner with any solution that includes both the road and the rail. The good news is that they have already done some repair work on the immediate issue of the "big divot" since the town meeting. What I witnessed this past Thursday was a reminder of why the above is such a concern to me (and also mentioned by the Rail Operations Supervisor of the Transport Facility when I spoke with him)— "accidents waiting to happen." While I was talking to someone outside the Post Office on Tuesday, a truck barely stopped at the tracks and the oncoming train just missed him. The person I spoke with said it happens all the time. The trains are longer in length and people just don't want to wait—so they race to the intersection or take stupid risks. We need barriers that force people to stop. It would also help to slow people down (I hope). Hence, here is what I understand (from legal contact) is currently happening with UPR since my original correspondence: Contacts and meetings with: 1. Director of Operations(I was told that they have contacted LG Everist/Transport Facility) 2. Public Safety Team 3. Marketing Team (I believe they were added because of the relationship UPR needs to have with LG Everist, their transport facility and the community) I was supposed to get an update from my legal contact but due to both our vacation schedules I was unable to close the loop . When I saw the flyer in the Post Office about the hearing on Tuesday, May 20th I called my contact's assistant and while I was on the line with her she got a hold of the engineer assigned to the project and he confirmed that he will attend the hearing. She said "look for the guy with the UPR logo on his shirt." She also asked if I could forward her the hearing info and I couldn't because of tech issues. She said that was OK because they are also in contact with Commissioner Kirkmeyer (that was the name she could remember) and can follow up. OK—that's the update so far. My question (finally)to you is: How does the UPR piece get addressed —is it separate? I feel the UPR piece should be part of both LG Everist and Connell Resources cases, but LG Everist has already been heard by the BOCC(btw...not sure how I can access the outcome of that hearing). I was told by the legal folks that UPR cannot do anything (even put up a sign) without approval from the state's Utilities Commission so at least on their end they also have a process they must adhere to for issues. That's it. Sorry for the long-winded e-mail. I just figured that you might want to have the context behind the question. See you on Tuesday if I don't hear from you before then. Have a great weekend. BTW—I will have read the entire staff report by the hearing! Thanks, Charlene Olson 970-897-2425 David P. Newbold RECEIVED 62545 Weld County Rd. 17 Carr,CO 80612 MAY 1 2014 May 15, 2014 Weld Count Y Planning Department Weld County Planning Services GREELE'y OFFICE 1555 N. 17th Ave. Greeley,CO 80631 Reg. : Case#USR14-0005 Att.: Planner Kim Ogle Dear Kim Ogle, Thank you for the notice about the proposed Connell Pit Operation. We strongly oppose such operation as is now proposed. Objections: 1. Possible Lone Tree creek flooding problems on our property. 2.They can't guaranty it would affect our water wells,and a solution if it did. 3. Dust from such operation. 4. Noise from machinery. 5.Smell from engine exhaust. 6.Our enjoyment of quietness and seclusion. 7.This operation is almost at our front door. 8. It will have a great effect on aesthetics. 9.There are two nesting pairs of bald eagles in the tall trees by the creek that have been there about 8 years. 10. It is incompatible with agriculture area and the right to farm law. 11.We had been told when we bought the property years ago that the pit north of us was closed and worked out. Now look, it is a big operation with hundreds of trucks per day leaving the pit. 12.We get dust and noise from that pit,and it is some distance from us,where the proposed operation will be just across the road from our house. If we lived on the west side of our property it would be more acceptable. Rd. 17 would be very detrimental,if used by this operation. These objections are not necessarily in priority order. So we strongly urge you as our County Representative of position to oppose this operation as it now is proposed. We plan to be at the hearing on May 20,2014. Sincerely,49 diettaat David P. Newbold Gertrud Newbold For the David Newbold Rev.Trust RECEIVED To whom it may concern, MAY 1 2 2014 Case it USR14-0005 Weld County , ... ., b Department GREELEY FF Our name is Harold and Susan Skerjanec and our home is across the road of Wre ffgposed site of the quarry. The wind blows a lot in this area and by them stripping the native grass off of the terrain, the dust will continuously blow on our place and in our house. We also maintain an organic garden and have animals. The noise from the quarry will also be annoying. The stench of the batch plant will also blow towards us. We are also concerned with the activity of moving the rattle snakes to our yard. It will decrease the value of our property. What are they going to use for water? If they are going to drill wells that will strain the water supply for our home and like a dry summer last year may deplete it. It will increase the noise by the equipment and excessive traffic in our relative quit area. I talked with Dave Newbold that lives on county road 17 and North of CR126 and about a mile south of Connel's existing quarry. He said when the wind blows the dust is horrible coming off of the gravel piles and his wife complains of the dust getting in the house. He also said that the backup alarms on the loaders are very irritating. The Quarry will also change a nice scene of prairie with antelope and buffalo to an ugly eye sore. Harold and Susan Skerjanec From: William Schenderlein To: J arry Johnson Cc: Kim °rile Subject: FW: Proposed Connell Carr Pit Date: Friday, April 11, 2014 9:42:47 AM Larry — here is what I got back from Mr. Lorentzen . P,%LL sakewderLeLvv Blue Earth Solutions, LLC (970) 227- 2803 From: Larry Lorentzen [mailto: lorentll@co.larimer.w.us] Sent: Friday, April 11, 2014 9: 16 AM To: William Schenderlein Subject: Re: Proposed Connell Carr Pit Bill, Thanks for the response. The County Planning sent me the link to the application on their website and I believe I have enough information for now and will wait for the public hearing. Thanks Larry On Fri, Apr 11 , 2014 at 7:08 AM, William Schenderlein <bill@blueearthsolutions.net> wrote: Mr. Lorentzen — Kim Ogle from Weld County asked that we contact you regarding the proposed Connell Carr Pit sand and gravel mining operation. Please let me know if we can provide you with additional information or if you would like to get together to discuss the proposed activities. B> LL SckewderLeLw, P.E., CFM Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 (970) 227-2803 Larry Lorentzen Town Administrator/Clerk Town of Wellington PO Box 127 Wellington, CO 80549 970-568-3381 (office) 970-690-0105 (cell) Hello