HomeMy WebLinkAbout20121337.tiff RESOLUTION
RE: APPROVE PARTIAL VACATION OF SECOND AMENDED USE BY SPECIAL REVIEW
PERMIT#1255 - L.G. EVERIST, 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, by Resolution dated January 26, 2005, the Board did approve the request of
L.G. Everist, Inc., for Amended Use by Special Review Permit #1255, for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing, including a Concrete
and Asphalt Batch Plant, in the A(Agricultural)Zone District, on the following described real estate,
to-wit:
Lots 1, 2, 3, and 4, located in the N1/2 NW1/4, and
Lot 6 located in the SW1/4 NE1/4 of Section 30,
Township 2 North, Range 66; and Lot 3 located in the
E1/2 NE1/4 of Section 25, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,on June 11, 2007,the Board approved the partial vacation of Amended Use by
Special Review Permit#1255, recorded at Reception No. 3485667, dated June 25, 2007, resulting
in Second Amended Use by Special Review Permit#1255, and
WHEREAS,the Board has received a request from the current property owner, L.G. Everist,
Inc., 7321 East 88th Avenue, Suite 200, Henderson, Colorado 80640, to vacate a portion of said
Second Amended Use by Special Review Permit#1255, 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 recommendations of the Department
of Planning Services staff and all of the exhibits and evidence presented in this matter and, having
been fully informed, deems it advisable to approve said partial vacation, conditional upon the
following:
1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall
submit a revised Partial Vacation Use by Special Review Plat, titled Third Amended
Use by Special Review Permit#1255, conforming to Section 23-2-260.D of the Weld
County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Second Amended Use by Special Review Permit#1255 be, and hereby is,
partially vacated, with the abovementioned condition,with said plat to be titled and recorded as Third
Amended Use by Special Review Permit#1255.
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Lit -aq- I a 2012-1337
PL1396
PARTIAL VACATION OF SECOND AMENDED USE BY SPECIAL REVIEW PERMIT#1255-L.G.
EVERIST,INC.
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of May,A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: C�
Sean P.Con ay,Chair
Weld County Clerk to the Board
A
Wil Garci ,Pro-Tem
BY:
Deputy Cle to the Board AL A CUSED
ra Kirkmeyer
1861 t Q,v
APP D AS T •
i E.Long
torney �t
Douglas demache
Date of signature: Lc -1'/a
3854860 PagRM es:
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0 e6Mo0�o IClerk R Fee:5000
41.444411RA:0"at It III
2012-1337
PL1396
1861 -2011 MEMORANDUM
WELD COUNTY
W E L��J- O NTY To: Board of County Commissioners CEO;~°H SSIONERS
From: Kim Ogle, Planning Services [ail MM 2U P 2: 00
Subject: Request to partially vacate 2"d AmUSR-1255 Rv `L�;
L.G. Everist, Inc and the City of Aurora
Date: May 30, 2012
The Department of Planning Services is requesting on behalf of the City of Aurora, Aurora Water
Capital Projects Division a request to partially vacate Second Amended Use by Special Review
No. 1255, [2n°AmUSR-1255 - Fort Lupton Sand and Gravel Mine], more specially described as
part of the North one-half of Section 30, described in Book 804, Reception Number 1726470
and Book 804 Reception No. 1726471 and Lot 6 being part of the Southwest one quarter of the
Northeast one-quarter Lupton Meadows Division No. 3 located in Section 30, Township 2 North,
Range 66 West of the 6th P.M. Weld County, Colorado.
The City of Aurora, Aurora Water Capital Projects Division has acquired said lands from L.G.
Everist, Incorporated [LGE], for the City of Aurora's water storage reservoirs permitted under
USR11-0008 by the Planning Commission on February 21, 2012.
The current permit holder of 2od AmUSR-1255, LGE, is working with the City in developing a
multiple phase Masterplan for Aurora's Everist Reservoir Complex, enabling the City to utilize
the facility as augmentation storage for the City of Aurora's water supply system.
A Letter of support from L.G. Everist, Incorporated dated December 17, 2012 acknowledges the
phased purchase and sale agreement between L.G. Everist and the City of Aurora. Also
included are letters from the DRMS for the acreage reduction and reclamation bond reduction
associated with this partial vacation of the current permit, M1999-120 for the Fort Lupton Sand
and Gravel Mine County Permit No. 2"d AmUSR-1255.
Given the change in ownership, the Department of Planning Services requests on behalf of the
City of Aurora, Aurora Water Capital Projects Division to partially vacate, as described herein,
the lands associated with the City's land use permit USR11-0008.
The Department of Planning Services seeks Board of County Commissioner support in this
request.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
L.G. EVERIST, INC. CORPORATE OFFICE
300 S.PHILLIPS AVE. •SUITE 200
P.O.BOX 5829
-- _ SIOUXFALLS,SD 57117-5829
■�,, PHONE 605-605-3344-5000
FAX 605-334-3656
MOUNTAIN DIVISION
7321 E.88TH AVENUE•SUITE 200
December 17, 2010 HENDERSON,COLORADO 80640
303-287-9606
FAX 303-289-1348
Mr. Ted Hartfelder
City of Aurora
Aurora Water- Capital Projects Division
14707 E. 2nd Avenue, Suite GL100
Aurora, CO 80022
RE: City of Aurora's Use by Special Review Application and Master Plan
Dear Ted,
L.G. Everist, Inc. supports the City of Aurora's plans for a Major Facility of a Public Utility Use by Special
Review application for the"Everist Reservoir Complex, Phase 1 - Golden Cell" and the associated Master
Plan submittal for the remainder of the site. L.G. Everist understands that the City of Aurora (Aurora) is
beginning the Use by Special Review(USR) permit process through Weld County to allow the Fort
Lupton Sand and Gravel Mine site to be operated as water storage at the conclusion of L.G. Everist's
reclamation activities which are approved through the Colorado Division of Reclamation, Mining and
Safety Permit# M-1999-120 and the Weld County Use by Special Review Permit#AmUSR-1255. L.G.
Everist grants authorization to Aurora to act as the authorized agent for this application process on behalf
of L.G. Everist as an underlying property owner.
This letter acknowledges that L.G. Everist has entered into a Purchase and Sale Agreement with Aurora
for the later phases of the project that are the subject of Aurora's Master Plan submittal, including the
following cells:
- Phase 2 - Hill-Oakley
- Phase 2 - Fort Lupton East
- Phase 3 - Parker-Panowicz
- Phase 4 - Swingle North
- Phase 5 -Swingle South
- Phase 6- Fort Lupton West
L.G. Everist will coordinate with and support Aurora during the USR permit process for Phase 1 -Golden
Cell and the continuing process to incorporate Phases 2-6 into Aurora's USR as reclamation of the cells
is completed and the cells are transferred to Aurora's ownership. L.G. Everist will be filing a partial
vacation request of AmUSR-1255 for the Golden Cell to be processed concurrently with Aurora's USR
permit application.
L.G. Everist looks forward to working with Aurora on this project. If you have any questions, I can be
reached at 303-286-2247 or Imshults@Igeverist.com.
Sincerely, '!/
Lynn Mayer Shults
Regulatory Manager
cc: Dennis Fields
Jim Sittner
Matt Noteboom
FL-Aurora-U S RS u ppo rtLetter-Dec2010.doc
3841363 04/26/2012 02:09 PM
Total Pages: 7 Rec Fee: $41 .00
Steve Moreno - Clerk and Recorder,Weld County, CO
WHEN RECORDED RETURN TO.
Austin Hanve,Esq. rr'w
Duncan Ostrander&Dingess,P.C. ILI 4 Al,°'o
3600 S.Yosemite St.,#500
Denver,CO 80237
SPECIAL WARRANTY DEED—CORRECTION DEED
This deed is given to correct the legal description of the land described in Exhibit A to that deed
recorded June 24, 2009, at Reception No. 3632360, of the Weld County Cleric&Recorder.
L.G. EVEREST, INCORPORATED, an Iowa corporation ("Grantor"), for and in
consideration of the sum of ten and No/100 Dollars ($10.00) cash and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, paid by CITY OF
AURORA, COLORADO, a Colorado Municipal Corporation of the Counties of Adams,
Arapahoe and Douglas ("Grantee"), with a legal address of 15151 East Alameda Parkway, Suite
3600,Aurora, Colorado 80012, HAS GRANTED,BARGAINED, SOLD and CONVEYED, and
by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee that certain
property situated in the County of Weld, State of Colorado,and described as follows:
That certain tract of land (the "Land") described on Exhibit"A" which is attached hereto
and incorporated herein by reference for all purposes,together with all improvements and
fixtures thereon including, without limitation, any and all impenetrable linings installed
on the Land, and together with all right, title and interest of Grantor, if any, in and to any
rights and appurtenances pertaining to the Land including, without limitation, all right,
title and interest of Grantor in and to any adjacent roadways and easements, benefiting
the Land and all recreation rights associated with the Land;
Together with the rights,privileges,terms, and conditions of the access easement located
in the Northeast Quarter of Section 30, Township 2 North, Range 66 West of the P.M.,
and being part of Lot 5 of The Lupton Meadows Land Company Division No. 3 Map as
filed by the Lupton Meadows Land Company June 12, 1909 in Book 5 of Maps at Page
1, County of Weld, State of Colorado and being more particularly set forth in the
Warranty Deed recorded July 7, 1999 as Reception No. 2704917 of the Records of Weld
County and as Assigned by Assignment of Easement Agreement recorded February 16,
2007 as Reception No. 3455911 of the Records of Weld County; and
Together with the rights, privileges, terms, conditions and exclusive easements set forth
in the Fort Lupton Reservoir Easement Agreement, recorded April 4, 2005 as Reception
No. 3274243 of the Records of Weld County and as Assigned by Assignment of
Easement Agreement recorded February 16, 2007 as Reception No. 3455918 of the
Records of Weld County.
Such Land and other property described above collectively being referred to herein as the
"Property".
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Page 2 of 7
This conveyance is made SUBJECT, however, to the matters set forth on Exhibit"B"
attached hereto and incorporated herein by this reference for all purposes (including all rights
and interests of Grantor arising under those matters), and Grantee hereby adopts and accepts
those matters. This conveyance also EXCLUDES any tributary, non-tributary and not non-
tributary ground water rights with respect to the Land as well as any water rights associated with
the Lupton Meadows Ditch or the Lupton Bottom Ditch that were historically used on the
Property.
TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's successors and .
assigns forever, and Grantor does hereby bind Grantor, and Grantor's successors and assigns,to
WARRANT and FOREVER DEFEND, all and singular the Property unto Grantee and Grantee's
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof,by, through or under Grantor, but not otherwise, and subject, however, to the
matters set forth on Exhibit"B" attached hereto, as aforesaid.
This Deed shall be governed by and construed in accordance with the laws of the State of
Colorado.
IN WITNESS WHEREOF,the Grantor has caused its name to be hereunto subscribed
on the day and year first above written.
GRANTOR:
L.G. EVERIST, INCORPORATED,
an Iowa corporation
CQi7riter.�` • $a .
James A. Sinner
Assistant Secretary
STAl'h OF COLORADO )
ss.
COUNTY OFD )
The forgoing Deed was acknowledged before me thislk'"d"aay of April, 2012,byJames A.
Sittner, Assistant Secretary of L.G. Everist,Incorporated, an Iowa corporation.
Witness my hand and official seal CARMA D.WEYMOUTH
LIC
My Commission Expires: NOTARY COLORADO
STATE OF OLRA
My.EaEissbn Expires 06/25/2012
Noottaryy Public SIN\
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Page 3 of 7
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
A parcel of land being a part of Lot 6 of The Lupton Meadows Land Co. Map of Division No. 3,
recorded June 12, 1909 as Reception No. 142526 of the records of the Weld County Clerk and
Recorder, said Lot 6 being located in the Northeast Quarter(NE1/4) of Section Thirty(30),
Township Two North(T.2N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian
(6th P.M.), also being a part of the Southeast Quarter(SE1/4)of said Section 30, County of Weld,
State of Colorado, and being more particularly described as follows:
COMMENCING at the Center-North Sixteenth(C-N1/16) corner of said Section 30, said point
also being the Northwest corner of said Lot 6, and assuming the North line of the Southwest
Quarter of the Northeast Quarter(S W 1/4NE1/4)of said Section 30, also being the North line of
said Lot 6,being monumentalized by a#6 rebar with a 3 '4"diameter aluminum cap stamped
"LS38106 2012"at the West end and by a witness monument being a#6 rebar with a 3 '/4"
diameter aluminum cap stamped"LS34995.2009 WC 138.00"at the East end, as bearing North
89°28'20"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North
Zone,North American Datum 1983/92,a distance of 1324.98',with all bearings contained
herein relative thereto:
THENCE North 89°28'20"East along the North line of the Southwest Quarter of the Northeast
Quarter(S W 1/4NE1/4) of said Section 30,also being along the North line of said Lot 6, a
distance of 36.20 feet to the Easterly line of that parcel of land described in Civil Action No. 89
CV 544,recorded April 16, 1990 as Reception No. 02210815 of the records of the Weld County
Clerk and Recorder,said point being the POINT OF BEGINNING;
THENCE continuing North 89°28'20"East along the North line of the Southwest Quarter of the
Northeast Quarter(SW1/4NE1/4) of said Section 30,also being along the North line of said Lot
6,a distance of 1288.78 feet to the Northeast Sixteenth(NEl/16) corner of said Section 30, said
point also being the Northeast corner of said Lot 6;
THENCE South 00°20'24"East along the East line of the Southwest Quarter of the Northeast
Quarter(SW1/4NE1/4) of said Section 30,also being along the East line of said Lot 6, a distance
of 616.59 feet to the approximate centerline of the South Platte River as it existed March 10,
2004;
The following Nine(9) courses and distances are along the said approximate centerline of the
South Platte River:
THENCE South 42°02'46" West a distance of 107.52 feet;
THENCE South 52°05'47" West a distance of 165.48 feet;
THENCE South 46°2525" West a distance of 67.15 feet;
THENCE South 30°15'36"West a distance of 81.28 feet;
THENCE South 41°5923" West a distance of 154.06 feet;
THENCE South 45°48'50"West a distance of 64.82 feet;
THENCE South 39°08'20" West a distance of 132.09 feet;
Golden Pit CorrDeed 424-12
EXHIBIT"A"—PAGE 1
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Page 4 of 7
THENCE South 42°11'53" West a distance of 79.44 feet;
THENCE South 44°17'07" West a distance of 131.79 feet to the South line of the Southwest
Quarter of the Northeast Quarter(SW1/4NE1/4)of said Section 30,also being the South line of
said Lot 6;
THENCE South 89°18'43"West along the South line of the Southwest Quarter of the Northeast
Quarter(SW 1l4NE1/4) of said Section 30, also being along the South line of said Lot 6, a
distance of 270.90 feet to the Southeasterly line of that parcel of land as described in that
Warranty Deed recorded July 11,2001 as Reception No. 2865029 of the records of the Weld
County Clerk and Recorder;
The following Three(3)courses and distances are along the Southeasterly line of that parcel of
land described in said Warranty Deed:
THENCE South 58°52'29"West a distance of 180.20 feet;
THENCE South 54°31'33" West a distance of 94.45 feet;
THENCE South 63°09'17" West a distance of 172.35 feet to the West line of the Southeast
Quarter(SE1/4) of said Section 30;
THENCE North 00°04'14" West along the West line of the Southeast Quarter(SEl/4)of said
Section 30 a distance of 221.16 feet to the Center Quarter(C1/4)corner of said Section 30,said
point also being the Southwest corner of said Lot 6;
THENCE North 00°05'11"West along the West line of the Southwest Quarter of the Northeast
Quarter (SWl/4NE1/4) of said Section 30, also being along the West line of said Lot 6, a
distance of 2.50 feet to the Southwest corner of that parcel of land described in said Civil Action
No. 89 CV 544;
THENCE North 89°21'59"East along the Southerly line of that parcel of land described in said
Civil Action No. 89 CV 544 a distance of 4.50 feet to the Southeast corner of that parcel of land
described in said Civil Action No. 89 CV 544;
THENCE North 01°17'08"East along the Easterly line of that parcel of land described in said
Civil Action No. 89 CV 544 a distance of 1323.70 feet to the POINT OF BEGINNING.
Said parcel of land contains 35.142 acres,more or less (±).
Golden Pit CorrDeed 4-2412
EXHIBIT"A"-PAGE 2
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Page 5 of 7
EXHIBIT "B"
•
PERMITTED EXCEPTIONS
•
1. Taxes and assessments for the year 2009 and subsequent years, a lien not yet due or
payable.
2. Those matters affecting title, if any, reflected on that certain ALTA/ACSM Land Title
Survey Project No. 2009150, dated 6-9-2009, last revised 6-18-2009, prepared by King
Surveyors, Inc., 650 East Garden Drive,Windsor, Colorado 80550.
3. Any rights, interest or easements in favor of the United State of America, the State of
Colorado, or the public, which exists or are claimed to exist in and over the present and
past bed,banks or waters of the South Platte River.
4. An Oil and Gas Lease, from John Ditirro, Jr. and George Taoka as Lessor(s) to Robert P.
Calvin as Lessee(s) dated September 7, 1971, recorded October 4, 1971 in Book 654 at
Reception No. 1576214, and any and all assignments thereof or interests therein.
5. All oil and gas in, under the underlying and that may be produced from the described
premises and all oil and gas leases,as reserved by John DiTirro,Jr. and George Taoka,in
Deed recorded April 12, 1979 in Book 865 as Reception No. 1787145, and any and all
assignments or interests therein.
6. Notice of Oil and Gas Interests and Surface Use recorded December 18, 2000 at
Reception No.2813688.
7. Terms, conditions, provisions, of AMUSR-1255 Fort Lupton Sand and Gravel Mine
recorded June 14, 2005 at Reception No. 3294695.
8. Terms,conditions,provisions, agreements and obligations specified under the Long Term
Road Maintenance and Improvements Agreement by and between L. G. Everist,Inc. and
The County of Weld recorded June 23,2005 at Reception No. 3297229.
9. An Oil and Gas Lease, from Billy I. Watkins as Lessor(s) to Rodney P. Calvin as
Lessee(s) dated "June 28, 1971, recorded August 17, 1971 in Book 652 at Reception
No. 1573510, and any and all assignments thereof or interests therein.
10. An Oil and Gas Lease, from B. I. Watkins as Lessor(s) to House of Smoke, Inc. as
Lessee(s) dated June 13, 1975, recorded June 19, 1975 in Book 741 at Reception
No. 1663256, and any and all assignments thereof or interests therein.
11. Notice of general description of area serviced by Panhandle Eastern Pipe Line Company
concerning underground facilities recorded June 26, 1986 in Book 1117 at Reception
No.2058722.
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EXHIBIT"B"--PAGE 1
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Page 6 of 7
12. An undivided full interest in all oil, gas and other minerals as reserved by Billy J.
Watkins, in Deed recorded in Book 1145 at Reception No. 2087440, and any and all
assignments thereof or interests therein.
13. An undivided full interest in all oil, gas and other minerals conveyed to Murray J. Jerring
by Mineral Deed, recorded August 17, 1989 in Book 1241 at Reception No. 2188747,
and any and all assignments thereof or interests therein.
14. Notice concerning underground facilities of United Power, Inc., formerly Union Rural
Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No.
2239296.
15. An Oil and Gas Lease, from Millard H. Ewing and Elisabeth I. Ewing as Lessor(s) to
M. E. Trash as Lessee(s) dated May 5, 1970, recorded June 2, 1970 in Book 627 at
Reception No. 1548523, and any and all assignments thereof or interests therein.
16. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe
Line Company by the instrument recorded June 25, 1982 in Book 971 at Reception
No. 1895753.
17. An undivided one-half interest in all oil, gas and other minerals conveyed to Dale W.
Ewing and Noreen Ewing by Mineral Deed, recorded January 24, 1986 in Book 1100 at
Reception No. 2040464, and any and all assignments thereof or interests therein.
18. An undivided one-half interest in all oil, gas and other minerals conveyed to Millard
Ewing, Jr. by Mineral Deed, recorded January 24, 1986 in Book 1100 at Reception
No. 2040463,and any and all assignments thereof or interests therein.
19. Terms, conditions,provisions, agreements and obligations contained in the Memorandum
of Surface Agreement recorded March 9,2000 at Reception No. 2754633.
20. Notice of Oil and Gas Interests and Surface Use recorded December 28, 2000 at
Reception No. 2813686.
21. Request For Notification of Surface Development recorded April 21, 2006 at Reception
No. 3581122.
22. An undivided full interest in all oil, gas and other minerals as reserved by Dale W. Ewing
and Noreen M. Ewing in Deed recorded July 11, 2001 at Reception No. 2865029, and
any and all assignments thereof or interests therein.
23. Notice concerning underground facilities of Mountain Bell recorded October 1, 1981 in
Book 949 at Reception No. 1870705.
24. Notice of areas served by Western Slope Gas Company recorded March 9, 1983 at
Reception No. 1919757.
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EXHIBIT"B"—PAGE 2
3841363 04/26/2012 02:09 PM
Page 7 of 7
25. Notice of gas pipeline facilities of Associated Natural Gas, Inc., recorded October 1,
1984 at Reception No. 1933584.
26. Terms, conditions, provisions, agreements and obligations contained in the Dry-Up
Covenant recorded April 8,2008 at Reception No. 3546192.
Golden Pit CorrDeed 4-24-12
EXHIBIT"B'—PAGE 3
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 21, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford
Alexander Zauder
Jason Maxey
Joyce Smock
Also Present: Kim Ogle and Tom Parko, Department of Planning Services; Heidi Hansen, Department of
Public Works; Lauren Light and Mary Evett, Department of Health; Bruce Barker, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the February 7,2012 Weld County Planning Commission minutes,seconded
by Jason Maxey. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR11-0008
APPLICANT: L.G. EVERIST AND CITY OF AURORA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
NON-1041, (CITY OF AURORA WATER STORAGE RESERVOIRS) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF SECTION 30,T2N,R66W AND PART OF THE E2NE4 OF SECTION 25,
T2N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 18;APPROXIMATELY 0.5 MILES WEST OF
STATE HIGHWAY 85.
Kim Ogle, Planning Services, stated that this application is for a multiple phase Master Plan for Aurora's
Everist Reservoir Complex enabling the City to utilize the facility as augmentation storage for the City of
Aurora's water supply system.
The City of Aurora will purchase six adjacent below-grade water storage cells from L.G. Everist, Inc. in
addition to the Golden Cell that was purchased on June 24, 2010. The seven water storage cells are being
created as part of L.G. Everist's reclamation activities approved through the Colorado Division of Reclamation,
Mining and Safety Permit and Second Amended AmUSR-1255.
Based on previous discussions and correspondence with Weld County and the City of Aurora, it was
determined that the Master Plan approach is appropriate for this site given the following factors:
• Water storage was previously established by L.G. Everist's god AmUSR-1255 land use permit
• Aurora is not proposing to change this land use, and
• Proposed improvements are relatively minor to the overall reclamation plan.
Aurora's Master Plan for this site includes construction of several improvements to allow the seven water
storage cells to be operated as augmentation storage vessels for the City of Aurora. From the phasing of the
1
project perspective,water storage will become available to Aurora as L.G. Everist completes their mining and
reclamation activities at each cell. Storage reservoirs are scheduled to become operational beginning with the
Golden Cell(Phase 1)in 2012. The L.G. Everist mining operation will continue in a sequential manner until all
the mining cells are reclaimed for water storage. The current agreement contemplates all water storage cells
will be delivered by 2020.
The proposed Aurora-Everist Reservoir Complex project is located within the three-mile referral area of the
Towns of Frederick and Firestone and the City of Fort Lupton. The Town of Frederick indicated no conflict
with their interests. Mr. Ogle read into record the referral comments from the City of Fort Lupton.
Staff has received letters with concerns on this land use application from Kerr-McGee Oil and Gas Onshore,
LP concerning a Surface Use Agreement. Staff received a letter dated February 6, 2012 from a property
owner to the south who holds concerns on the impacts of the river flows of the South Platte River resulting in
flooding of his property. Another letter received on February 6, 2012 was from an adjacent property owner to
the far west stating concerns of surface drainage, site flooding and swamp like conditions on his property. Mr.
Ogle stated that correspondence prepared by Deere and Ault Consultants dated February 15,2012 indicates
that several State and Federal referral agencies have in the past reviewed these concerns for the property
owner and in all past cases, it was concluded that the mining activities of the L.G. Everist Facility have no
adverse impacts on either groundwater or flooding on these subject properties.
Twenty-two referral agencies have reviewed this case and six offered comments, some with specific
conditions.
The Planning Department is recommending approval of this case along with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, stated that since this is just a water storage reservoir and it is an
unmanned site, permanent water and sewer is not required. The applicants have submitted the necessary
Dust Abatement and Waste Handling Plans.
Heidi Hansen, Public Works, stated that County Road 18 is classified as a collector roadway. In June 2010
there were 1,708 vehicles on that roadway. They will be using the existing access with a few improvements.
There will be a Road Maintenance Agreement to cover any damages to the roadway during construction. The
applicants will work with staff for a Flood Hazard Development Permit for the pump station.
Lisa Darling, South Platte Program Manager for the City of Aurora, stated that this Reservoir Complex is
located about 5 miles downstream from their Prairie Waters Project that was just recently completed. The City
of Aurora has a very large water system and one of the requirements of the Prairie Waters Project is
augmentation of a water well field. Therefore this site will be used as augmentation supply to meet those
obligations to the river as well as obligations to other organizations.
This is an ongoing mining operation and as the sites are mined and reclaimed those cells will then be
transferred under the Master Plan Permit to the City of Aurora for development of the reservoir complex.
Commissioner Grand asked if there is potential use of the facilities as recreational use for the surrounding
communities. Ms. Darling said that in discussions with the City of Ft. Lupton there was some indication that
they were interested in looking at some opportunities. She added that any time there is a water facility there is
a lot of liability associated with it as well as public safety concerns. Because it is a large area they don't want
to create any attractive nuisance as it were or cause any issues that could potentially be concerns for the
community in terms of open storage without adequate supervision.
Commissioner Smock asked how Weld County will benefit from something that Aurora will benefit from. Ms.
Darling said that under the mining operation this was the highest and best use of the facility for Weld County.
She added that Weld County will not directly benefit from the facility itself; however Aurora intends to be a
good neighbor.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
2
one wished to speak.
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.
Robert Grand moved that Case USR11-0008, be approved along with the Conditions of Approval and
Development Standards, seconded by Mark Lawley.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes with comment; Bill Hall, absent;Alexander Zauder,yes;
Jason Maxey, yes; Benjamin Hansford, yes; Mark Lawley, yes;Tom Holton, yes. Motion carried unanimously.
Commissioner Grand commented that we should look at these large water storage facilities not just purely as
a mechanical device to supplement outside the county area but something that can be developed to benefit
the citizens of Weld County reasonably.
The Chair read the next case into record.
CASE NUMBER: USR12-0001
APPLICANT: PLATTE VALLEY FIRE PROTECTION DISTRICT
PLANNER: TOM PARKO
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL
REVIEW(FIRE STATION AND TRAINING FACILITIES-BURN TOWER,PUBLIC
EVENTS)AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF
THE A (AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RECX11-0029; PART SW4 SECTION 16, T5N, R64W OF
THE 6T"P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO COUNTY ROAD 53 AND NORTH OF AND
ADJACENT TO US HWY 34.
Tom Parko, Planning Services, stated that this site is to accommodate a new fire station that will include
training facilities for the Fire Department and will also be able to accommodate public meetings.
The proposed site is located within the three-mile referral area and Intergovernmental Agreement boundary of
the Town of Kersey. In an email dated February 8, 2012, the Town of Kersey indicated that they have
reviewed the request and didn't find any conflicts with their interests. In addition, the Town of Kersey has no
interest in annexing the property and that it doesn't have the means to serve the property with utilities. The
Town went on further to say that they request that the landscaping plans for the station be consistent with the
Town's landscaping standards.
Twelve referral agencies have review this case and six offered comments, some with specific conditions.
Staff has not received any correspondence in favor or against this request.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Heidi Hansen, Public Works, stated that County Road 53 is classified as a collector roadway. In April 2009,
there were 3,780 vehicles on that roadway. The applicants have worked very diligently addressing their
requirements and there is no concern with this request.
Mary Evett, Environmental Health, stated that Central Weld County Water District will provide water to the Fire
Station. The facility is proposing a well for the new building fire suppression system and fire hydrants and they
are in the process of applying for a permit from the Division of Water Resources. The new fire station will be
served by an engineered septic system. The existing residence will be used to temporarily house four to five
firefighters. There is an existing septic system on the property. After the new fire station is constructed and
the new septic system is put in service, the old septic system will need to be abandoned.
3
Ms. Evett said that the applicants have met several conditions of approval and development standards prior to
today's hearing. The applicants have submitted evidence of completing Conditions of Approval 1.D, 1.G.1,
1.G.2 and Development Standard 20. In addition, Conditions 1.B, 1.E and Development Standard 9 do not
apply to this case and therefore may be deleted.
Jason Maxey moved to delete Conditions of Approval 1.B, 1.E and Development Standard 9 as
recommended, seconded by Benjamin Hansford. Motion carried.
Fred Voseipka, 541 Garden Dr., Windsor CO, representative for the Platte Valley Fire Protection District. Mr.
Voseipka provided drawings to the Planning Commissioners showing different aspects of the building and how
this will fit in the rural setting.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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.
Robert Grand moved that Case USR12-0001, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock,yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, absent;Alexander Zauder, yes; Jason Maxey,
yes; Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
inquired if there is anything that the Planning Commission can do to recommend to the County
Commissioners when reviewing these water storage projects that we include some provisions for public
utilization. Bruce Barker, County Attorney, stated that it would need to be written into the code. Mr. Holton
indicated that he would be contacting the County Commissioners expressing this concern.
Meeting adjourned at 2:22 pm.
Respectfully submitted,
1-, i� h
Kristine Ranslem
Secretary
4
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,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: USR11-0008
APPLICANT: L.G. EVERIST AND CITY OF AURORA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY
NON-1041, (CITY OF AURORA WATER STORAGE RESERVOIRS) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: PART OF SECTION 30,T2N, R66W AND PART OF THE E2NE4 OF SECTION 25,
T2N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 18;APPROXIMATELY 0.5 MILES WEST OF
STATE HIGHWAY 85.
be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-370
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 23-2-400.A. --Reasonable efforts have been made to avoid irrigated crop land or to
minimize the impacts on such lands in those cases where avoidance is impractical.
The seven water storage cells are being created as part of LGE's reclamation activities
approved through the Colorado Division of Reclamation, Mining and Safety Permit No.
M1999-120 and Use by Special Review Permit No. AmUSR 1255. The overall Aurora's
Everist Reservoir Complex project site is comprised of twelve parcels that total approximately
289 acres. Aurora intends to construct improvements to the water storage cells which will
facilitate their use as augmentation storage.
B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and
future development of the surrounding area as set forth in applicable Master Plans. The
Aurora's Everist Reservoir Complex will be located within the 3-mile referral area of the
Towns of Frederick and Firestone and the City of Fort Lupton. The Town of Frederick
indicated no conflict with their interests and the City of Fort Lupton in their referral dated
October 19, 2011 stated "Most of the property is designated in the Comprehensive Plan as
open space with future trails. County Rd. 18 is designated as an arterial with a total of 120
feet of right-of-way (ROW). Fort Lupton would like to discuss the option of annexation and
zoning with the property owner. Should this be approved we request that the future right-of-
way be reserved and the trails be taken into consideration. If fencing is proposed we require
the use of aesthetic wildlife friendly fencing. Other compatible recreational uses should also
be taken into consideration and we would request the opportunity to discuss this further with
the land owner."
C. Section 23-2-400.C. --The design of the proposed facility mitigates negative impacts on the
surrounding area to the greatest extent feasible. The applicant is proposing to utilize the
seven water storage cells being created as part of LGE's reclamation activities approved
through the Colorado Division of Reclamation, Mining and Safety Permit No. M1999-120 and
Use by Special Review Permit No. AmUSR 1255. The applicant intends to construct
improvements to the existing and previously permitted water storage cells which will facilitate
their use as augmentation storage.
D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil
erosion, dust, and the growth of noxious weeds. The Conditions of Approval and
Development Standards will ensure that there is no fugitive dust or erosion and will ensure
the control of noxious weeds. Best Management Practices (BMPs) will be required for all
construction areas, including erosion control methods, dust suppression, et cetera.
RESOLUTION USR11-0008
L.G. EVERIST AND CITY OF AURORA
PAGE 2
E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures
deemed necessary by the Planning Commission to ensure that the health, safety, and
welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any
potential adverse impacts from the proposed facility. The applicant has proposed a number of
measures to mitigate impacts from the development of the seven water storage cells and
supporting infrastructure including replacement of any soil that is removed, re-vegetated with
native grasses as necessary. The Federal Emergency Management Administration[FEMA]
returned a referral dated August 23, 2011 indicates that portions of the proposed facility are
located within an identified Special Flood Hazard Area(1%annual chance floodplain)on the
Weld County Flood Insurance Rate Map No.080266 0868 C. As a participant in the National
Flood Insurance Program, Weld County has adopted floodplain management regulations
which require a permit for development proposed within the floodplain. The site is located
within the FEMA mapped Zone A 100-Year Floodplain.The applicant has stated that the only
above grade structure will be a pump house. A Flood Hazard Development Permit will be
required for development activities located within the FEMA mapped South Platte River
Floodplain. We recommend that the Flood Hazard Development Permit application include
any other planned above grade improvements included in the Master Plan. Further, the
applicant will submit a revised access permit application form showing all of the accesses
from the Master Plan.
F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply
which has been evaluated with reference to the impacts of the USE of such supply on
agricultural USES. All reasonable steps have been taken by the applicant to minimize
negative impacts on agricultural USES and lands. The proposed seven water storage cells
will function as an unmanned site and does not currently or have future water service or
sanitation needs. During construction, as required by the Development Standards, bottled
water will be provided for drinking and hand washing purposes,toilet facilities(port—a—potties)
will also be provided.
G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately
assessed and the proposed action is consistent with the best interests of the people of Weld
County and represents a balanced use of resources in the affected area. The applicant is
proposing to utilize the seven water storage cells being created as part of LGE's reclamation
activities approved through the Colorado Division of Reclamation, Mining and Safety Permit
No. M1999-120 and Use by Special Review Permit No. AmUSR 1255.
H. Section 23-2-400.H. --It has been determined that the nature and location or expansion of a
proposed Power Plant facility will not create an expansion of the demand for government
services beyond the reasonable capacity of an impacted community or the County to provide
such services. Where it is indicated that such an expansion of the demand for services will
occur beyond the reasonable capacity to provide such services, the applicant must clearly
show how such impacts will be mitigated prior to approval of the proposal by the County.This
applies only in cases regarding power plants.
1. Section 23-2-400.1. --It has been determined that the nature and location or expansion of the
facility will meet Colorado Department of Health and County air quality standards. The
Conditions of Approval and Development Standards will ensure that the nature and location
of the facility will meet Colorado Department of Health and Weld County air quality standards.
J. Section 23-2-400.J. --Adequate electric, gas, telephone, water, sewage and other utilities
exist or can be developed to service the site. This will be an unmanned facility. No permanent
electric, gas, telephone, water and/or sewer will be needed.
K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, historic landmark or archaeological
sites within the affected area. The Colorado Division of Parks and Wildlife did not return a
referral response indicating a conflict with their interests. The Corps of Engineers, Omaha
RESOLUTION USR11-0008
L.G. EVERIST AND CITY OF AURORA
PAGE 3
district returned a referral dated August 15, 2011 indicting that if there is any loss of an
aquatic site,the site may require mitigation. The applicant is not contemplating the loss of an
aquatic site. The US Fish and Wildlife Service, referral dated September 9, 2011 indicated
that if a Federal agency/Federal money is associated with this project, the Federal agency
should request the initiation of a formal Section 7 consultation on water related projects
associated with depletions to the central Platte River. The applicant is not utilizing a Federal
agency/ Federal money for this project.
L. Section 23-2-400.L. — The applicant's engineer has certified that the drainage plans
developed for and to be implemented on the site will prevent surface drainage from leaving
the site which would exceed historic runoff flows. The applicant will not be required to pull a
grading permit or submit a revised drainage report, per the Department of Public Works in
their referral dated September 12, 2011.
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 approval is conditional upon the following:
1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning
Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be
protected and to mitigate or minimize any potential adverse impacts from the proposed facility.
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works as stated in
their referral dated September 12, 2011. (Department of Public Works)
B. The applicant shall address the requirements of the FEMA Region VIII Mitigation Division as
stated in their referral dated August 23,2011. Written evidence of such shall be submitted to
the Department of Planning Services. (FEMA)
C. The applicant shall address the requirements of the US Army, Corps of Engineers, Omaha
District as stated in their referral dated August 15, 2011. Written evidence of such shall be
submitted to the Department of Planning Services. (US Army, Corps of Engineers)
D. The applicant shall address the requirements of the US Fish and Wildlife Service, Colorado
Ecological Services as stated in their referral dated September 9, 2011. Written evidence of
such shall be submitted to the Department of Planning Services. (USFWS - Colorado
Ecological Services)
E. The applicant shall attempt to address the requirements of the City of Fort Lupton as stated
in their referral dated October 19, 2011. Written evidence of such shall be submitted to the
Department of Planning Services. (City of Fort Lupton)
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR11-0008. (Department of Planning Services)
2. The plat shall be prepared in accordance with Section 23-2-260.D and 23-2-390 of the
Weld County Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. The final location of the access point with the approved access permit number (will be
provided). (Department of Public Works)
RESOLUTION USR11-0008
L.G. EVERIST AND CITY OF AURORA
PAGE 4
5. Please show and label the FEMA approved floodplain on all drawings. (Department of
Public Works)
6. County Road 18 is designated by the City of Fort Lupton as an arterial road, which
requires 120 feet of right-of-way at full build out.There is presently 60 feet of right-of-way.
An additional 30 feet shall be delineated on the plat as future County Road 18 right-of-
way. (City of Fort Lupton)
3. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
4. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within sixty(60) days from the date of the
Planning Commissioners resolution.The applicant shall be responsible for paying the recording fee.
(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 sixty (60) days from the date the application was signed a $50.00
recording continuance charge may be added for each additional 3 month period.
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerter(&co.weld.co.us. (Department of Planning Services)
7. The Special Review activity shall not occur 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)
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be included with the file of this
case.
RESOLUTION USR11-OOO8
L.G. EVERIST AND CITY OF AURORA
PAGE 5
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 February 21, 2012.
Dated the 21s'of February,
2012.
9 all(d /'LU Gu 7/L'�Yl
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
City of Aurora
USR11-0008
1. A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility or
Public Agency Non-1041, (City of Aurora Water Storage Reservoirs) in the A (Agricultural) Zone
District, 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. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
4. Weld County is not responsible for the maintenance of on-site drainage related features.
(Department of Public Works)
5. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcels #13930000004, #130930000070,
#130930000073, #130930000074, #130930000075, #130930000076, #130930000077,
#130930000078, #130930000079, #131125100051, #130930000038, #130930000051, &
#130930000068 may not be able to obtain building permits to construct structures. All construction or
improvements occurring in the floodplain as delineated on Federal Emergency Management Agency
FIRM Community Panel Map#808266-0868C dated September 28, 1982,shall comply with the Flood
Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code
and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65.
(Department of Public Works)
6. Flood hazard development permits[FHDP]will be required for development activities located within
the FEMA mapped South Platte River Floodplain. (Department of Public Works)
7. Future development occurring within the floodplain shall be in compliance with the floodplain codes in
effect at that time. (Department of Public Works)
8. 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)
9. 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)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
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)
11. Fugitive dust 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)
12. An Air Pollution Emission Notice (APEN) from the Air Pollution Control Division of the Colorado
Department of Health and Environment shall be obtained as required. (Department of Public Health
and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
RESOLUTION USR11-0008
L.G. EVERIST AND CITY OF AURORA
PAGE 7
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. Building and electrical permits are required for structures used for storage of equipment to operate
the facility. (Department of Building Inspection)
17. Prior to proceeding to the next Phase of the water storage cell development, Aurora Water or their
successors shall submit a pre-application meeting request to review the proposed development plans
for compliance with Aurora's Everist Reservoir Complex Master Plan. (Department of Planning
Services)
18. Prior to accepting an amended USR11-0008 plat, Aurora Water or their successors shall submit
written evidence that the Division of Reclamation and Mine Safety, [DRMS]has approved the partial
release of the reclamation obligation. (Department of Planning Services)
19. Prior to accepting an amended USR11-0008 plat, LG Everist or their successors shall submit a partial
vacation of 2nd AmUSR-1255 request and associated documentation, including plats per Section 23-
2-280 of the Weld County Code, as amended. (Department of Planning Services)
20. Prior to recording the amended USR11-0008 plat, Aurora Water or their successors shall submit
written evidence that the Phase of the water storage development is not subject to an Amended Flood
Hazard Development Permit. (Department of Planning Services)
21. Prior to recording the amended USR11-0008 plat, Aurora Water or their successors shall submit
written evidence that the Phase of the water storage development is not subject to an Updated
Access Permit. (Department of Planning Services)
22. Prior to recording the amended USR11-0008 plat, Aurora Water or their successors shall submit
written evidence that the Phase of the water storage development is not subject to an Amended
Improvements Agreement. (Department of Planning Services)
23. Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2). (Department of Planning Services)
24. Effective April 25, 2011, Building Permits issued will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)(Department of Planning Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
27. 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)
28. 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. (Department of Planning Services)
RESOLUTION USR11-0008
L.G. EVERIST AND CITY OF AURORA
PAGE 8
29. 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)
30. 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 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.
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
COLORADO
Denver,Colorado 80203 DIVISION OF
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 MINING
SAF ETY
August 3,2009 aryl Ritter,Jr.
Harris D.Sherman
Ms. Lynn Mayer Shults Executive Director
L.G. Everist, Incorporated Ronald W.Cattany
7321 E. 88th Ave., Ste 200 Division Director
Henderson,CO 80640 Natural Resource Trustee
Re: Travelers Casualty and Surety Company of America Corporate Surety Bond No. 20S103264842BCM,
Ft.Lupton Sand and Gravel Mine,Permit No. M-1999-120,Financial Warranty Decrease Acceptance
Dear Lynn:
Please be informed that on July 31,2009,the Division of Reclamation,Mining and Safety accepted the submittal of a rider
to the Travelers Casualty and Surety Company of America Corporate Surety Bond No.20S 103264842BCM,in the amount
of$1,076,6710.00,for the Ft.Lupton Sand and Gravel Mine,Permit No. M-1999-120. The rider decreases the surety for
this site from $1,076,6710.00 to$997,872.00. This is a decrease in the amount of$78,798.00.
If you have any questions,please do not hesitate to call me at(303) 866-3567 ext. 8148.
Sincerely,
� r ((t lC'L 1 j
Jam`f •
Elizabeth Taliaferro •
Program Assistant
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 C O 1 DIVI S OR ADO
D o
SION OF
Phone:(303)866-3567 RECLAMATION
FAX:(303)832.8106 MINING
—&--
SAFETY
Rill Ritter,Jr.
June 15,2009 Govemor
Harris D.Sherman
Lynn M. Shults Executive Director
L.G. Everist, Incorporated Ronald W.Cattany
7321 E. 88th Ave., Ste 200 Division Director
Natural Resource Trustee
Henderson, CO 80640
Re: Ft. Lupton Sand and Gravel Mine, Acreage Reduction Notification, Permit No. M-1999-120, Revision
AR-02
Dear Ms. Shults:
On May 18, 2009, the Colorado Division of Reclamation, Mining and Safety approved L.G. Everist's request for
release of the Golden phase of the Ft. Lupton Sand and Gravel Mine from further reclamation responsibility.
Unfortunately, due to an oversight at DRMS, initial notification letters for this action were not sent out timely to the
landowner and Weld County. This letter will serve as that notification. Due to this notification oversight, the
comment period will be extended to June 30 before the release will be finalized. As always, per Rule 1.4.11(b) any
decision made by the Division can be also appealed to the board within 30 days. As you are aware Weld County has
recently sent a letter to the Division objecting to the proposed release. Although the issues raised in this letter are not
within the jurisdiction of the Division, we would encourage you to seek resolution of these matters with Weld County
where appropriate.
When the AR-02 release is finalized, the permit area will be reduced to 256.00 acres, through the release of 36.00
acres in this permit action. Because the permit is not totally released, you are still liable for filing annual reports and
fees.
The final release of this area will reduce the total reclamation bond required for the site by $78,798. L.G. Everist may
submit to the Division a writer to reduce the total bond for the site by this amount. The required bond amount for the
site will be reduced from $1,076,670 to$997,872.
If you have any questions, please contact me at(303) 866-3567, x8140.
Sincerely,
,Plat
Eric C. Scott
Environmental Protection Specialist
cc: Tony Waldron, DRMS
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Roan 215
Denver,Colorado 80203 C O L O R A D O
DIVISION OF
Phone:(303)8663567 RECLAMATION
FAX:(303)832-8106 MINING
SAFETY
Bill Ritter,Jr.
May 21, 2009 Governor
Harris D.Sherman
Lynn M. Shults Executive Director
L.G. Everist, Incorporated Ronald W.Cananv
7321 E. 88th Ave.. Ste 200 Division Director
Natural Resource Trustee
Henderson,CO 80640
Re: Ft. Lupton Sand and Gravel Mine, Acreage Reduction Approval,Permit No.M-1999-120, Revision No.
AR-2
Dear Ms. Shults:
On May 18, 2009, the Colorado Division of Reclamation, Mining and Safety approved your request for release of the
Golden phase of the Ft. Lupton Sand and Gravel Mine from further reclamation responsibility.
The permit area was reduced to 256.00 acres, through the release of 36.00 acres in this permit action. Because the
permit is not totally released,you are still liable for filing annual reports and fees.
The release of this area will reduce the total reclamation bond required for the site by $78,798. L.G. Everist may
submit to the Division a writer to reduce the total bond for the site by this amount. The required bond amount for the
site will be reduced from $1,076,670 to$997,872.
If you have any questions, please contact me at(303) 866-3567, x8140.
Sincerely,
gine
Eric C. Scott
Environmental Protection Specialist
cc: Tony Waldron, DRMS
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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