HomeMy WebLinkAbout20141737.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0005, 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 - TERRY GRAZING ASSOCIATION, C/O
CONNELL RESOURCES, 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 18th day
of June, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Terry Grazing Association, c/o Connell Resources, Inc., 7785
Highland Meadows Parkway, #100, Ft. Collins, CO 80528, for a Site Specific Development Plan
and Use by Special Review Permit, USR14-0005, 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 the following described real estate,
being more particularly described as follows:
All of Section 21, Township 11 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, Bill Schenderlein, with Core Solutions, LLC, and Larry
Johnson, Manager for Connell Resources, Inc., were 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
1) 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.
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1-1a-V; PL2275
HEARING CERTIFICATION - TERRY GRAZING ASSOCIATION, C/O CONNELL
RESOURCES, INC. (USR14-0005)
PAGE 2
life in the area. He showed images of the site, the nearby residences, the access road, and
maps showing the site and the surrounding properties.
la Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He said this stretch of County Road 126 is maintained by the County
and has quite a bit of 'heavy haul' on it, and reviewed traffic counts. He said just east of Carr,
County Road 126 going to US Highway 85 will be milled and paved for three miles sometime
this year and there is patching going on right now. En Commissioner Kirkmeyer noted that
CDOT requested turn lanes, but since there is no increase in the net traffic due to the shut-down
of the Tucker pit, the triggers are not met. Mr. Carroll further reviewed site plans for County
Road 126. He said there is good circulation on the site plan; they estimate 80 truck trips per
day, with no more than 12 trucks on-site at one time. He referred to the previous Road
Maintenance Agreement, and noted the Tucker Pit will be discontinued, so there will be no net
change in the amount of truck traffic.
el Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said she carefully reviewed the Dust Management Plan to avoid
nuisance conditions and address the adjacent property owner's concerns about dust; noise is
restricted to the industrial limit, and the applicants will pursue voluntary noise mitigation as well.
She said if a complaint is received, the odors and noise will be monitored, and the remaining
Development Standards are those typical for dry gravel mining operations.
le Bill Schenderlein, with Core Solutions, LLC, and Larry Johnson, Aggregate manager for
Connell Resources, represented the applicant and gave a brief description of the project and the
site. Mr. Schenderlein reported the Tucker Pit was permitted in 1980, Connell took it over in
2011, and they have operated for three years without complaints, and they have begun
reclamation and reduced the number of stock piles. He said as the Tucker Pit plays out the new
pit will start-up. 80 truck trips per day would be the absolute maximum, because that number
came from responding to the September 2013 flood. He said the average is more like ten
trucks per day, with a maximum of 20-30; some days there may be none.
El Mr. Schenderlein noted that setbacks have been established, and mining activities will not
affect Lone Tree Creek. The property was recently released from a Colorado Parks and Wildlife
lease for big game hunting, and the applicant's best management practices were discussed,
and there are no known endangered species on the site. Phase 1 will be south of the creek,
and Phase II to the north. No groundwater will be contacted; there are setbacks from right-of-
ways and easements, and the facilities and activity will be kept below-grade as much as
possible in the bottom of the pit. He reviewed the mining details/material yielded, and said that
mined areas will be reclaimed concurrent with new mining, which will help minimize erosion and
dust impacts. They will be grading slopes, replacing topsoil and native grass seeding for a
return to ranchland for grazing, water will be hauled to the site for dust control, and no water
resource or additional traffic impacts are expected.
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6) 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 600 feet east of CR 17 and approximately 1,000
feet north of CR 126 within the mine area. Four (4) single family
residences are in close proximity, with the nearest residence
located approximately 1,000 feet to the northwest, the second
residence is located 1,500 feet to the north west, the third
residence is located approximately 2,000 feet to the southwest
and the fourth residence is located 2,500 feet to the south from
the proposed processing area and batch plant location. The
Pre-Mining Plan delineates five (5) 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 utilize 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(DRMS) Permit No. M2014-001,
conditionally approved on May 9, 2014.
B. Section 23-2-230.6.2 -- 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 Use by 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 provides for a asphalt batch plant 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. 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 residential
home lots southeast of the site. Adjacent to the northwest corner of the
proposed permit area is the permitted 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 23-2-230.6.4 -- 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
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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. Approval of this use will
not jeopardize the health, safety and welfare of the surrounding property
owners.
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. 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.
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 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 23-2-230.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 has been
addressed through the 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 Terry Grazing Association, do Connell
Resources, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0005, 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 the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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SPECIAL REVIEW PERMIT (USR14-0005) - TERRY GRAZING ASSOCIATION, C/O
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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.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) CR 126 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. An
additional 10 feet shall be delineated on the plat as future CR 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.
5) CR 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 CR 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.
6) A vehicle tracking control pad, consisting of a double cattle guard,
will be required to prevent tracking of material from the 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.
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 A (Agricultural) Zone District. No structure will be
allowed in the future right-of-way.
8) Show the approved access on the plat and label it with the
approved Access Permit Number (AP#14-00043).
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, the
applicant shall contact the Weld County Department of Public
Works to adequately size the culvert. The applicant shall delineate
the culvert on the USR map.
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SPECIAL REVIEW PERMIT (USR14-0005) - TERRY GRAZING ASSOCIATION, CIO
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10) Should exterior lighting be a part of this facility, all light standards
shall be delineated.
11) Should signs be a part of this facility, all signs shall be delineated
on the USR Plat.
B. The applicant shall attempt to address the requirements of the
Department of Public Health and Environment, as stated in the referral
response dated March 11, 2014. Evidence of approval shall be
submitted, in writing, to the Department of Planning Services, specific to:
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 and Environment.
Alternately, the applicant may provide evidence from the Air
Pollution Control Division, Colorado Department of Public Health
and Environment that they are not subject to these requirements
C. The applicant shall submit an Improvements and Road Maintenance
Agreement for the new location for the Connell Carr Pit located on
CR 126. A new Road Maintenance and Improvements Agreement for
CR 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.
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.
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.
2. Prior to Mining:
A. The applicant shall contact the Permitting/Inspection agent for the Weld
County Department 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.
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B. The applicant shall submit written evidence that the Financial and
Performance Warranty has been submitted to and accepted by, the
Division of Mining, Reclamation and Safety.
3. 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.
4. Upon completion of Conditions of Approval #1, #2, and #3 above, the applicant
shall submit an electronic version (.pdf), or three (3) paper copies, 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.
5. 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 added for each additional three (3)
month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
G WELD COUNTY, COLORADO
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Weld County Clerk to the Board ♦ 'ft%
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BYi _ /� cytontremirsab•ara Kirkmeyer, aro-Tem
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Date of signature: -7' 17
2014-1737
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TERRY GRAZING ASSOCIATION, C/O CONNELL RESOURCES, INC.
USR14-0005
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0005, is
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, 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
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.
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.
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, hand washing 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 applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
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DEVELOPMENT STANDARDS (USR14-0005) -TERRY GRAZING ASSOCIATION, C/O
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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 surface, and in accordance with manufacturer's
recommendations.
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 (15:1) 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 (15:1) dilution threshold, or in the judgment of the Weld
County Health Officer, there exists an odor condition requiring abatement.
13. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
14. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
15. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
16. The operation shall comply with the Mine Safety and Health Act (MSHA).
17. The operation shall comply with the Occupational Safety and Health Act (OSHA).
18. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
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.
20. 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.
21. 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.
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22. During mining, stormwater runoff from the disturbed area will generally be contained
within the mine pit. The historical flow patterns and runoff amounts will be maintained on
site.
23. 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.
24. 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.
25. Should human remains be discovered during mining activities, the requirements under
State Law C.R.S. part 13 apply and must be followed.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. 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.
29. 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.
30. 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.
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31. 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.
32. 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.
33. 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 plat and recognized at all times.
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