HomeMy WebLinkAbout20141738.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION 2 /}
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS' • f
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0005
APPLICANT: TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PLANNER: KIM OGLE
REQUEST: 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 BUILDINGS IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: ALL OF SECTION 21, T11N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 126; EAST OF AND ADJACENT TO CR
17.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-2-20.A A.Goal.1 states "Respect and encourage the continuation of
agricultural land uses and agricultural operations for purposes which enhance the
economic health and sustainability of agriculture." Following 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
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-five (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
9)f/ -175 J
RESOLUTION USR14-0005
TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PAGE 2
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 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,
Division/DBMS, 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 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.
RESOLUTION USR14-0005
TERRY GRAZING ASSN,C/O CONNELL RESOURCES, INC.
PAGE 3
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 Planning Commission recommendation for approval is conditional upon the following:
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 tracking control 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)
RESOLUTION USR14-0005
TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PAGE 4
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:
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)
RESOLUTION USR14-0005
TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PAGE 5
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)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 20, 2014.
Dated the 20`h of May, 2014.
Digitally signed by Kristine
Ranslem
Date:2014.05.27 14:36:34-06'00'
Kristine Ranslem
Secretary
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 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
RESOLUTION USR14-0005
TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PAGE 7
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.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment. Hours of operation may be extended with specific permission from
the Weld County Board of County Commissioners. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities located on the property.
(Department of Planning Services) 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 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)
RESOLUTION USR14-0005
TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PAGE 8
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,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
RESOLUTION USR14-0005
TERRY GRAZING ASSN,C/O CONNELL RESOURCES, INC.
PAGE 9
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,sandburs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
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EXHIBIT
Commissioner Smock asked how many landowners were contacted. Mr. Goddard said th
the School Superintendent, the Platte Valley Fire Chief, Dan Buderus, Mr. Gonzales and
The Chair called a recess at 3:16 pm and reconvened the hearing at 3:27 pm.
The Chair asked about the pipeline and where it is at in the process. Mr. Goddard said that they have
talked with Sterling Energy about bringing in an 8 inch line from the east.
Commissioner Sparrow asked the applicant if he contacted Mr. Hoshiko. Mr. Goddard was told by Mr.
Hoshiko after the last hearing that he didn't need to talk with him.
The Chair asked staff if there are amendments to the staff report. Mr. Ogle stated that they
recommended amending Development Standard 28 to read "Hours of operation of the Salt Water
Disposal Well Facility are twenty-four(24) hours each day, seven (7) days per week— 365 days per year.
Accepting water from inbound trucks between the hours of 8:00 am to 10:00 pm, daily."
Motion: Amend Development Standard 28 as read by staff, Moved by Benjamin Hansford, Seconded
by Michael Wailes. Motion carried unanimously.
Mr. Ogle stated that the original application stated that there were 130 trips per day to this facility and
then the applicant has amended that to 70 trips per day. Mr. Ogle suggested adding a new Development
Standard 22 to read"The Facility is restricted to 70 trucks per day, 7 days a week, 365 days per year."
Motion: Add new Development Standard 22 as stated by staff and renumber accordingly, Moved by
Benjamin Hansford, Seconded by Bruce Sparrow. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR14-0011 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Bruce Sparrow.
Vote: Motion carried (summary: Yes= 5, No = 1).
Yes: Benjamin Hansford, Bruce Sparrow, Jordan Jemiola, Mark Lawley, Michael Wailes.
No: Joyce Smock.
Commissioner Jemiola said that he believes the applicant has attempted to demonstrate that the
roadways that the facility is associated with are adequate with the structural capacity. He commended
the applicant for limiting the truck traffic and strongly encouraged the applicants to reach out to the
residents who live in this area.
Commissioner Smock stated that she doesn't believe that this is compatible with the surrounding
property.
Commissioner Sparrow commented that the reduction of trucks to the facility helps. Additionally, he
encouraged the applicants to pursue the pipeline installation.
CASE NUMBER: USR14-0005
APPLICANT: TERRY GRAZING ASSN, C/O CONNELL RESOURCES, INC.
PLANNER: KIM OGLE
REQUEST: 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 BUILDINGS IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: ALL OF SECTION 21, T11N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 126; EAST OF AND ADJACENT TO CR
17.
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Kim Ogle, Planning Services, presented Case USR14-0005, reading the recommendation and comments
into the record. Mr. Ogle noted that a community meeting was held on March 13, 2014. Discussion
centered on the condition of roads, speed of vehicles on the roads, historical safety of the roads, and the
potential for nuisance, theft, dust, noise and traffic. Staff has received 2 letters outlining concerns of
flooding of Lone Tree Creek, dust, noise and smell from vehicle exhaust, incompatibility with surrounding
property, decrease in property value, water well, etc. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Commissioner Lawley asked what the life of the mine is. Mr. Ogle replied that they estimate 16 to 24
years.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Janet Lundquist, Public Works, stated that she talked with Gloria Hice-Idler at CDOT and they are
requiring turn lanes at the intersection of County Road 126 and Highway 85. Ms. Lundquist has drafted
some language for a new Condition of Approval under Prior to Recording, which will read "The Colorado
Department of Transportation (CDOT) has jurisdiction over US 85. Based upon the traffic volumes
supplied by the applicant, CDOT is requesting that turn lanes be installed at the intersection of CR 126 &
US 85. The details of the turn lane improvements including but not limited to location, lengths, and taper
requirements will be supplied and in the approved CDOT access permit. Please provide evidence of the
approved CDOT access permit to Weld County."
Commissioner Lawley asked if we have seen this requirement before. Ms. Lundquist said that we have
but we haven't seen it at this 8 mile distance.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Bill Schenderlein, Blue Earth Solutions, PO Box 2427, Ft. Collins, Colorado, stated that he is representing
Connell Resources.
He stated that the property is located northwest of the Town of Carr and adjacent to the existing Tucker
Mining Pit. The Tucker Pit began operation in 1980 and Connell Resources took it over in 2001. He
added that this pit is running out of reserves and will not be operating in conjunction with the proposed
mining pit for today.
Commissioner Maxey referred to the community meeting and asked how well it was attended. Mr.
Schenderlein said that the community hall was pretty full (around 50 people) and added that the people in
attendance expressed concern that this proposed site is moving closer to the community and creating
dust and traffic.
The Chair called a recess at 4:34 pm and reconvened at 4:44 pm.
Commissioner Maxey left the meeting at 4:44 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Harold Skerjanec, 8470 CR 126, stated that he lives directly across the road to the south of the proposed
site. He expressed concern with the dust, traffic, and noise as well as odor from the batch plant.
Mr. Newbold, 62545 CR 17, stated that they live west of and adjacent to the proposed site. He said that
Lone Tree Creek is known to flood and is concerned that his property will flood because of the proposed
berms. Additionally, he is concerned with dust and the number of trucks per day.
Charlene Olson 56796 CR 23, and Marcia Slatter 9348 Stevenson Avenue (CR 126). Ms. Slatter said
that the gravel trucks are a problem but they are not the whole problem. She said that the other day
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gravel trucks were going through and one of them was not covered and she is concerned with that. She
added that her husband has respiratory issues and is concerned with the dust and batch plant chemicals.
Ms. Olson said that she has been in contact with the Union Pacific Railroad to improve the railroad
crossing. She stated that she has noticed that trucks will race to get to the railroad crossing before the
train gets there. Ms. Slater noted that there was a train that blocked County Road 126 for 8 hours one
day.
Sara Thomson-Cassidy, Union Pacific Railroad, 1400 W 52nd Ave, Denver, stated that they are pleased
and willing to coordinate with the County to identify the potential cumulative impact at this intersection.
They are aware of the increase of truck traffic and attempt to be responsive of this issue. She stated that
in a summary of incidents pulled from 2009 - 2014 the public safety data at DOT Crossing Number
804893F at Mile Pole 86.04 include 2 reports of unsafe motorist activity, 5 reports of blocked crossings,
10 reports of rough crossings, 33 reports of bison on track. Ms. Thompson-Cassidy provided a phone
contact number for the Risk Management Call Center at 1 -888-877-7267 to identify incidents at that
crossing.
The Chair asked about the existing traffic impacts and with the additional proposed traffic how will that be
reconciled with improvements. Mr. Ogle said that they will count the traffic going in and out of the pit and
that will be added to the background traffic that is on County Road 126. He added that the applicant will
be responsible for their proportional share.
Commissioner Sparrow asked if there will be an increase in traffic after the Tucker Pit closes. Mr.
Schenderlein said that the truck traffic or volume should not change; however the volume depends on
demand. He added that the customers will be basically the same and feeding the same demand when
the new one opens.
Commissioner Sparrow referred to the concern of flooding the surrounding property owner. Mr.
Schenderlein said that Lone Tree Creek has a large drainage face and has the potential to flood. He
added that both with the Tucker Pit upstream of Mr. Nebold's house and the new proposed pit project
downstream the mining activities will not be constricting or impeding the flood flows.
The Chair asked if there were changes to the staff report. Ms. Lundquist stated that CDOT has made a
request to add a Condition of Approval which states "The Colorado Department of Transportation (CDOT)
has jurisdiction over US 85. Based upon the traffic volumes supplied by the applicant, CDOT is
requesting that turn lanes be installed at the intersection of CR 126 & US 85. The details of the turn lane
improvements including but not limited to location, lengths, and taper requirements will be supplied and in
the approved CDOT access permit. Please provide evidence of the approved CDOT access permit to
Weld County."
Motion : Add Condition of Approval as stated by staff, Moved by Benjamin Hansford, Seconded by
Joyce Smock.
Vote: Motion failed. (summary: Yes = 3, No = 3).
Yes: Joyce Smock, Benjamin Hansford, Mark Lawley.
No: Bruce Sparrow, Jordan Jemiola, Michael Wailes.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan
Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried. (summary: Yes = 6) .
Yes: Joyce Smock, Benjamin Hansford, Mark Lawley, Bruce Sparrow, Jordan Jemiola, Michael Wailes
CASE NUMBER: ORDINANCE 2014-7
PRESENTED BY: TOM PARKO
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