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LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR14-0023 Hearing Date: September 16, 2014
Applicant: Varra Companies, Inc., 8120 Gage Street, Frederick, CO 80516
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, materials recycling and an asphalt and /or concrete batch
plant in the A (Agricultural) and 1-3 (Industrial) Zone Districts. (Varra-Coulson
Resource Project)
Legal Description: Lot B of Recorded Exemption No. RE-3197 being part of the NE4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado
Location: North of and adjacent to East 16`" Street, west of and adjacent to Fern Avenue
Size of Parcel: 100.63 acres, more or less Parcel Number: 0961-10-1-00-006
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:
State of Colorado, Division of Water Resources referral dated May 13, 2014
Weld County Department of Building Inspection referral dated May 16, 2014
US Army Corps of Engineers referral dated May 19, 2014
Colorado Department of Transportation referral dated May 27, 2014
Weld County Department of Environmental Health referral dated June 2, 2014
Weld County Department of Public Works referral dated June 4, 2014
Greeley No. 2 Irrigation Company referral dated June 4, 2014
Department of Planning Services— Floodplain Administrator referral dated July 23, 2014
The Department of Planning Services' staff has received responses from the following agencies without
comment:
Weld County Zoning Compliance referral dated May 5, 2014
West Greeley Soil Conservation District referral dated May 7, 2014
City of Greeley Planning referral dated May 28, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Sheriff's Office
Weld County Extension Office
Greeley No. 2 Irrigation Company
Varra-Coulson Resource Project--USR14-0023
Page 1
Weld County School District RE-6
Western Hills Fire Protection District
Petroleum Development Corporation
State of Colorado Division of Parks and Wildlife
Federal Emergency Management Administration
▪ State of Colorado Division of Mining Reclamation Safety
▪ State of Colorado Department of Public Health & Environment
Varra-Coulson Resource Project--USR14-0023
Page 2
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JJ. r LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR14-0023 Hearing Date: September 16, 2014
Applicant: Varra Companies, Inc., 8120 Gage Street, Frederick, CO 80516
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, materials recycling and an asphalt and /or concrete batch
plant in the A (Agricultural) and 1-3 (Industrial) Zone Districts. (Varra-Coulson
Resource Project)
Legal Description: Lot B of Recorded Exemption No. RE-3197 being part of the NE4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado
Location: North of and adjacent to East 16`" Street, west of and adjacent to Fern Avenue
Size of Parcel: 100.63 acres, more or less Parcel Number: 0961-10-1-00-006
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 Varra-Coulson Resource Project mine, the reclaimed
land use will be one open water reservoir basin totaling 59.30 surface acres.
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 F-4 (Flood-plain Deposits — unevaluated
aggregates). The application materials indicated that the topsoil that exists, will be
removed and stockpiled for use during site reclamation. Across the site, the gravel
deposit is located in depths 40 feet below natural grade and may be located at depths
greater than fifty feet on lands adjacent to the Cache La Poudre River.
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
Varra-Coulson Resource Project--USR14-0023
Page 3
will enter into an Improvements and Road Maintenance Agreement that will include repair
and triggers for improvement.
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 two hundred (200) feet east of the
property line and approximately two hundred (200) feet north of East 16`h Street within
the mine area. One single family residence is in close proximity, with the nearest
residence surrounded by the mining operation. Ten residences are located south of East
16`h Street and are typically sited approximately 25 feet to over 300 feet south of the edge
of future right-of-way. There is one single family residence located east of the site and is
approximately 100 feet from the project's property line and sited directly across from the
non-mined area located north of the river associated with this application. The Pre-
Mining Plan delineates 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,
including the residence that is surrounded by this application. The applicant proposes to
utilize truck sprinklers for dust suppression and abatement. The applicant also has a
State of Colorado Division of Reclamation, Mining and Safety, Division/DRMS, Permit
No. M2013-064, conditionally approved on July 28, 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
and Section 23-3-330.D.7 for the (I) Industrial 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 residences located south of
East 16`h Street and the lone residence surrounded by the proposed mine site, properties
surrounding the proposed Varra-Coulson Resource Project site are primarily rural
agricultural non-irrigated rangeland. The current Doeringsfeld Varra Mine [AmSUP-345,
initially permitted in 1978 and amended in 1986] is located west of and adjacent to this
site. To the north are vacant lands north of the river and the Bliss
Industrial Park. Adjacent to the east are lands utilized for industrial zone district
uses. 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 historically, since the early 1950's
show the Varra-Coulson fields were row cropped on both sides of the existing Greeley
Irrigation Canal #3, until the segment of the Cache La Poudre River to the north was
channelized, somewhere in the late 1960's to early 1970's. Most recently, the crops were
in corn, it's likely at some point the land grew sugar beets to support the local mill. Areas
north of Canal #3 changed to rangeland, consistent with the parcel north of the river. By
the middle of the first decade of the twenty-first century, both rangeland and cropland fell
into disuse, and the idle lands became covered in invasive and non-invasive weeds.
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 proposed site is located in the Greeley-Weld County Airport's
Varra-Coulson Resource Project--USR14-0023
Page 4
"Influence Zone" and also lies within and under the Federal Aviation Administration
defined airport horizontal surface and aircraft traffic pattern airspace for runway three-
four. Low flying aircraft and aircraft noise could be present over and across this property.
Planning staff did not receive a referral from the Airport Authority or the Federal Aviation
Administration indicating a conflict with their interests.
The proposal is also located within the Flood Hazard Overlay District area as delineated
on FIRM Community Panel Map #080266-0637C dated September 28, 1982 for the
Floodplain. Flood Hazard Development Permits will be required for all structures in the
Floodplain, however, no permanent structures or stockpiling of materials are permitted in
the Floodway. Building Permits issued on the Lots will be required to adhere to the
following fees.
Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-wide Road Impact Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs. A Flood Hazard
Development Permit is not required.
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:
1. Prior to recording the map:
A. The applicant shall submit written 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)
B. The applicant shall submit written evidence that the Greeley Irrigation Company has
approved the ditch plans and that all necessary approvals are obtained from the Greeley
Varra-Coulson Resource Project--USR14-0023
Page 5
Irrigation Company prior to relocation of the Greeley#3 Ditch. Written evidence shall be
submitted to the Department of Planning Services. (Greeley Irrigation Company)
C. The applicant shall address the requirements of the State of Colorado, Division of Water
Resources as stated in their referral dated May 13, 2014. Specific to demonstrating that
the well and substitute water supply plan are appropriately permitted for the use or
provide a will serve letter from a water district. This requirement is for water that will be
utilized for potable uses as well as dust control. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
D. The applicant shall attempt to address the requirements of the City of Greeley, as stated
in their referral response dated May 28, 2014. Evidence of approval shall be submitted
in writing to the Department of Planning Services. (Department of Planning Services)
E. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can
be delineated on the map in accordance with the State requirements as an attempt to
mitigate concerns. The map shall be amended to include any possible future drilling sites.
(Department of Planning Services)
F. The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission
to utilize their access road for a commercial access. (Department of Planning Services)
G. A Flood Hazard Development Permit (FHDP) is required in order to construct any type of
building, place fill, or conduct mining operations within the FEMA designated floodplain.
Please note that it may be necessary to utilize hydraulic modeling showing the impact of
mining on adjacent properties. For FHDP modeling purposes, it will be necessary to
utilize the Army Corps of Engineers modeling that has been accepted by FEMA.
(Department of Planning Services)
H. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral dated May 15,2014. Written evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
The applicant shall submit an odor abatement and response plan be submitted prior to
operation of the facility. This plan shall be implemented at the request of Weld County in
the event that odor levels detected off site of the facility meet or exceed the odor limit as
specified by the Colorado Revised Statues. The plan shall also be implemented in the
event that Weld County receives a significant number of odor complaints and in the
judgment of Weld County, there exists an odor condition requiring abatement. Written
evidence of approval shall be submitted to the Department of Planning Services.
(Department of Planning Services)
J. The applicant shall submit written or electronic evidence, from the FAA documenting that
Form 7460-1 -- Notice of Proposed Construction or Alteration has been submitted,
reviewed and approved, or alternatively, written or electronic evidence that Form 7460-1
is not applicable. (Department of Planning Services)
K. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut-sheets
for the proposed light standards, and a Lighting Plan to be utilized at the facility for review
and approval. (Department of Planning Services)
Varra-Coulson Resource Project--USR14-0023
Page 6
L. 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)
M. The applicant shall submit a CLOMR to FEMA for review and approval prior to mining the
property delineating the pre-developed floodplain conditions and the proposed floodplain
conditions after mining. (Department of Planning Services)
N. 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 East 1 6tn Street and Fern Avenue (haul route)with triggers.
(Department of Planning Services)
2. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0023. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. Fern Avenue is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full buildout. The
applicant shall verify and delineate on the map the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld County.
(Department of Planning Services)
5. East 16`h Street is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full buildout. The
applicant shall verify and delineate on the map the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld County.
(Department of Planning Services)
6. Fern Avenue and 16`h Street are both classified as collector roadways in the
City of Greeley 2035 Comprehensive Transportation Plan. The current street
section for a collector requires 90 feet of right-of-way. The mapping indicates
that 60 feet of right of way from the section line has been designated for future
right of way along 16th Street and Fern Avenue per Recorded Exemption No.
0961-10-1 RE-3197. (City of Greeley)
7. Show the approved access(es) on the map and label with the approved access
permit number (will be provided). (Department of Public Works)
8. The applicant shall indicate specifically on the map the type of right-of-
way/easement and indicate whether it is dedicated, private, or deeded to provide
adequate access to the parcel. (Department of Planning Services)
9. Show and label the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA
Map Panel Number. (Department of Planning Services)
10. Tracking control is required to prevent tracking from the site onto the public
roadways. Standard tracking control for accesses onto paved roads includes
Varra-Coulson Resource Project--USR14-0023
Page 7
either 300 feet of pavement onsite, or, 100 feet of pavement plus double cattle
guards. (Department of Planning Services)
11. 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)
12. 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 Planning Services)
13. 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)
14. 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)
15. Setback radiuses for existing oil and gas tank batteries and wellheads shall be
indicated on the map per the setback requirements of 23-3-50.E of the Weld
County Code. (Department of Planning Services)
3. Prior to construction:
A. The applicant/operator shall 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 County, in cooperation with the City of Greeley, is requiring a tracking pad to prevent
tracking of mud and gravel on to the paved roadway. The tracking pad may consist of
either 300 feet of asphalt or concrete pavement with adequate turning radiuses on to
East 16th Street or 100 feet of asphalt or concrete pavement with double cattle guards.
(Department of Planning Services)
C. A building and electrical permit will be required, per Section 29-3-10 of the Weld County
Code, for any permanent new structures, additions or renovation to any existing
structures. A building permit application must be completed and two complete sets of
engineered plans. MSDS sheets for all materials stored shall be submitted with building
permit applications. (Department of Building Inspection)
4. Prior to mining operation:
A. Accepted construction drawings and construction of the offsite roadway improvements
are required prior to operation. (Department of Planning Services)
B. The applicant shall submit a certification letter from a Colorado registered professional
engineer certifying that the excavation and reclamation activities within the floodway will
not result in an increase in base flood elevations. The certification letter should be based
on HEC-RAS floodplain modeling of the "before" and "after" conditions. (City of Greeley,
Department of Planning Services)
Varra-Coulson Resource Project--USR14-0023
Page 8
C. The applicant shall submit a letter from a Colorado registered professional engineer
certifying that the stability of the Poudre River channel will not be compromised by the
proposed mining activities. (City of Greeley, Department of Planning Services)
D. 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)
5. The Special Review activity shall not occur nor shall any building permits be issued on the
property until the Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
6. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Map prior to recording. The completed map 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)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the
map 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)
Varra-Coulson Resource Project--USR14-0023
Page 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra-Coulson Resource Project
USR14-0023
1. A Site Specific Development Plan and Special Review Permit, USR14-0023, for Mineral
Resource Development including Open Pit Mining (sand, gravel and stone), and materials
processing, materials recycling and an asphalt and /or concrete batch plant in the A (Agricultural)
and 1-3 (Industrial) Zone Districts. (Varra-Coulson Resource Project), 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 &
Environment)
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
& 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 & 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 & 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 & 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 &
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 & 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 &
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
& Environment)
Varra-Coulson Resource Project--USR14-0023
Page 10
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 & 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 & 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 & 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)
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 Planning Services)
24. During mining, storm water 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 Planning Services)
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;
Varra-Coulson Resource Project--USR14-0023
Page 11
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
Programs. (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 12 persons per shift. (Department of Planning Services)
29. Prior to vacation of the USR or release of the Performance Bond held by the Division of
Reclamation Mining Safety, if mining has occurred, a Letter of Map Revision (LOMR) must be
approved by the Federal Emergency Management Agency (FEMA) pursuant to floodplain
regulations codified in the Code of Federal Regulations (CFR) Title 44 Parts 60 and 65.
(Department of Planning Services)
30. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate a velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Planning Services)
31. The site must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Planning Services)
32. The site is located within the FEMA mapped Zone A 100-Year Floodplain and the floodway.
Weld County Code Section 23-5-250 prohibits development including but not limited to the
construction of buildings and the placement of fill (stockpiles) within the floodway. (Department of
Planning Services)
33. A LOMR shall be submitted to FEMA within six (6) months of the end of the mining activity. The
LOMR process will be fully completed through FEMA. (Department of Planning Services)
34. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of
the United States which may include streams, open water lakes and ponds or wetlands at this
site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the
project for proper department of the Army permits or changes in permit requirements pursuant to
Section 404 of the Clean Water Act. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
38. 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)
39. 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
Varra-Coulson Resource Project--USR14-0023
Page 12
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.
40. 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)
41. 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)
42. 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 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
Varra-Coulson Resource Project--USR14-0023
Page 13
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.
Varra-Coulson Resource Project--USR14-0023
Page 14
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
p - i FAX: (970)304-6498
August 26, 2014
JAMES BRADFORD
8120 GAGE ST
FREDERICK, CO 80516
Subject: USR14-0023 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING (SANDS,
GRAVELS AND STONES), AND MATERIALS PROCESSING INCLUDING CONCRETE OR ASPHALT
BATCH PLANTS AND/OR RECYCLING OPERATIONS IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PT NE4 10-5-65 LOT B REC EXEMPT RE-3197(3.06R)of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 16, 2014, at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 1,
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 org
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Fuson:lam the author of thisdocument
Date:2014.08.26 10:39:15-06'00'
Kim Ogle
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
iri_� E-MAIL: kogle@co.weld.co.us
!. PHONE: (970)353-6100, Ext. 3549
ti ' FAX: (970)304-6498
May 05, 2014
JAMES BRADFORD
8120 GAGE ST
FREDERICK, CO 80516
Subject: USR14-0023 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING (SANDS,
GRAVELS AND STONES), AND MATERIALS PROCESSING INCLUDING CONCRETE OR ASPHALT
BATCH PLANTS AND/OR RECYCLING OPERATIONS IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PT NE4 SECTION 10, T5N, R65W LOT B REC EXEMPT RE-3197 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Greeley at Phone Number 970-350-9741
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
FFason:I am the author of this document
Date:2014.05.05 11:38:43-06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: 8.28.2014
Case Number: USR14-0023 Hearing Date: September 16, 2014
Applicant: Varra Companies, Inc., 8120 Gage Street, Frederick, CO 80516
Coulson Excavating Company, Inc., 3609 NCR 13, Loveland, CO, 80538
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, materials recycling and an asphalt and /or concrete batch
plant in the A (Agricultural) and 1-3 (Industrial) Zone Districts. (Varra-Coulson
Resource Project)
Legal Description: Lot B of Recorded Exemption No. RE-3197 being part of the NE4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado
Location: North of and adjacent to East 16th Street, west of and adjacent to Fern Avenue
Size of Parcel: 100.63 acres, more or less Parcel Number: 0961-10-1-00-006
Zoning Land Use
N AGRICULTURE N BLISS INDUSTRIAL PARK
E AGRICULTURE E VACANT LANDS AND RIVER CORRIDOR
S AGRICULTURE S RESIDENTIAL
W AGRICULTURE W RESIDENTIAL AND GRAVEL MINING
Comments:
Fern Avenue and East 16th Street are paved two-lane roads. There is a single family residence
surrounded by the proposed mine site with outbuildings to the east. An irrigation ditch is adjacent to the
western property line and a single family residence. There is a current mining operation to the west and
north of this residence. The northern boundary is bordered by the Bliss Industrial Park and the river
corridor with riparian vegetation including trees. To the south of the site are approximately 10 residences,
fronting E. 16th Street and in close proximity to the street. To the east is vacant land primarily in
floodplain. The site lies low to the surrounding road grade (E. 16th Street) and is at or near grade
approaching from the Fern Avenue side. The proposed access is an oil and gas road to a well head in
the field and tank battery near Fern Avenue away from residential structures and appearing to have
limited impacts on surrounding property. From this access point there is good visibility in both directions
and the Fern Avenue E. 16th Street intersection is regulated by a Stop sign. The property is currently in
grassland
.1/4- -' -\.,
'vti
Signa'ti
❑ House(s) o Access to Property ❑ Site Distance ❑ Wetlands
❑ Oil & Gas Structures o Water Bodies— River Corridor ❑ Ditch-Western boundary
Note any commercial business/commercial vehicles that are operating from the site. None, vacant lands
V1/4 MEMORANDUM
To: Planning Commissioners
i— G GUNL?z; From: Kim Ogle, Planning Services
Subject: Request for continuance, USR14-0023
Varra Companies, Inc.
Date: September 16, 2014
The Department of Planning Services on behalf of the applicants, Varra Companies, Inc. and
Coulson Excavating Company, Inc. are requesting a continuance of this case until the October
7, 2014 Planning Commissioners hearing date to allow the applicant to meet the 30-day Mineral
Notice as required by State Statue.
The Department of Planning Services is in support of this request.
Case Summary:
Case Number: USR14-0023 Hearing Date: September 16, 2014
Applicant: Varra Companies, Inc., 8120 Gage Street, Frederick, CO 80516
Coulson Excavating Company, Inc., 3609 NCR 13, Loveland, CO, 80538
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, materials recycling and an asphalt and/or concrete batch plant in the A
(Agricultural)and 1-3 (Industrial)Zone Districts. (Varra-Coulson Resource Project)
Legal Description: Lot B of Recorded Exemption No. RE-3197 being part of the NE4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado
Location: North of and adjacent to East 16th Street, west of and adjacent to Fern Avenue
Size of Parcel: 100.63 acres, more or less Parcel Number: 0961-10-1-00-006
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