HomeMy WebLinkAbout20120114 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0020, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OPEN PIT GRAVEL MINING (SANDS, GRAVELS, AND STONES) AND
MATERIALS PROCESSING, IN THE A (AGRICULTURAL) ZONE DISTRICT - MILLER
FAMILY INVESTMENTS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 11th day
of January, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Miller Family Investments, LLC, 10614 Highway 66, Platteville,
Colorado 80651, for a Site Specific Development Plan and Use by Special Review Permit,
USR11-0020, for a Mineral Resource Development Facility, including Open Pit Gravel Mining
(sands, gravels, and stones) and Materials Processing, in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Part of the NE1/4 of Section 12, Township 8 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Ben
Langenfeld of Greg Lewicki and Associates, PLLC, 11541 Warrington Court, Parker, Colorado
80138, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect. 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 site is classified as
VI (Water deposited gravel, sand, silt, and clay along present stream
coarses, and the material is predominately gravel that is clean and
Cam. • CA PL PW i Hj_ Ak. 2012-0114
_ c� - la b PL2144
SPECIAL REVIEW PERMIT (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 2
sound). The application materials indicate that the applicant, Miller
Family Investments, LLC, has applied for a Special 112 Construction
Materials Permit (M-2010-047) for the Lone Tree Pit, from the Colorado
Division of Reclamation and Mining Safety. The estimated thickness of
gravel-bearing zones varies from between 8 and 20 feet in depth over the
entire site, with the overburden layer between 0 and 3 feet in depth. The
material will be transported to the gravel processing area, crushed,
screened, and stockpiled until such time as the material is sold and
trucked from the site.
Section 22-5-80.B (CM.Goal 3) states, "Minimize the impacts of surface
mining activities on surrounding land uses, roads and highways." The
applicant submitted a Landscape (seeding) Plan that specifically
addresses wind and water erosion of disturbed areas and wind erosion of
stockpiled materials. Further, the applicant shall demonstrate that the
impacts to County Road 37 and adjacent haul route roads from these
mine-related activities will have minimal impact to the road or the traveling
public. The application materials indicate that Drainage and Erosion
Control Plans are in place to control runoff from the processing area.
Dust control will be accomplished by utilizing a water truck, with water
obtained from a construction tap from the North Weld County Water
District located in the Town of Pierce and transported to the site, as
needed. Further, the applicant has indicated that a Stormwater
Management Plan (SWMP) and Best Management Practices (BMP) Plan
are in place, along with the erosion control methods to be used at the
mining site.
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."
CM.Policy 4.1.5 states, "Require, where possible, that batch plants and
processing equipment be buffered from adjacent uses." Sand and gravel
processing equipment and material stockpiles will be located in the
middle of the site utilizing an existing access that has been upgraded for
mining operations. The processing area is approximately five (5) feet
below the existing County Road 37 elevation.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development, including Open Pit
Mining and Materials Processing (sand, gravel and stone), in the
A (Agricultural) Zone District
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is currently
utilized as non-irrigated pastureland and is surrounded by pasture and/or
farmland to the south, west, and east and to the north is the North Pierce
Gravel Mine, permitted by Weld County Permit, USR-1716. The nearest
2012-0114
PL2144
SPECIAL REVIEW PERMIT (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 3
residence is located approximately 2,400 feet north of the proposed mine
location. The application materials indicate that concurrent reclamation
consists of re-grading and placement of topsoil materials. Reseeding will
be done with native drought tolerant grass seed mixes. Access is from
County Road 37, which is an existing graded gravel road maintained by
Weld County, through a double cattle guard at the gate entrance and into
the site.
d. Section 23-2-230.B.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. This mining location is not within the Urban Growth
Boundary area or three-mile referral area for any municipality. The
nearest municipality is the Town of Pierce, which is approximately 3.5
miles southwest of the proposed Lone Tree Mine site.
e. Section 23-2-230.B.5 --The application complies with Section 23-5-230 of
the Weld County Code. The proposed facility does not lie in a Federal
Emergency Management Agency (FEMA) designated floodplain or
floodway. The Lone Tree Creek channel bisects the site and is an
ephemeral stream that is typically dry all year, flowing only after larger
rainstorms. A FIRM Community Panel Map does not map this location;
therefore, a Flood Hazard Development Permit will not be required.
Building permits will be required for all on-site electrical facilities and
associated equipment.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is primarily classified "Other Lands", as
delineated on the Important Farmlands of Weld County Map, dated 1979.
Section 22-5-80A.1 (CM.Policy 1.1) states, "Access to future mineral
resource development areas should be considered in all land use
decisions in accordance with state law. No County governmental
authority which has control over zoning shall, by zoning, rezoning,
granting a variance or other official action or inaction, permit the use of
any area known to contain a commercial mineral deposit in a manner
which would interfere with the present or future extraction of such deposit
by an extractor."
g. Section 23-2-230.B.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 the health,
safety, and welfare of the inhabitants of the neighborhood and County.
2012-0114
PL2144
SPECIAL REVIEW PERMIT (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 4
h. Section 23-4-250 -- Additional requirements for Open-mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Miller Family Investments, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR11-0020, for a Mineral
Resource Development Facility, including Open Pit Gravel Mining (sands, gravels, and stones)
and Materials Processing, in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit written evidence from the Division of
Reclamation, Mining and Safety that the applicant has submitted a
Performance Warranty and Financial Warranty for the Lone Tree Pit and
that the Reclamation Permit for the mine is accepted.
B. The applicant shall submit a detailed Signage Plan, to the Department of
Planning Services, in compliance with the Weld County Code.
C. The applicant shall attempt to address the concerns of the Colorado
Parks and Wildlife (CPAW), as indicated in the referral dated October 7,
2011. Evidence of such shall be submitted to the Department of Planning
Services.
D. The applicant shall address the requirements/concerns of the Department
of Public Works, as stated in the referral response dated October 26,
2011.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1. The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
F. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division, Colorado Department of Health and Environment, if applicable.
G. The applicant shall enter into an Improvements Agreement and post
collateral for all on-site and off-site improvements. The proposed haul
route is County Road 37 south to CR 94, then County Road 94 east to
County Road 39, then County Road 39 south to County Road 90. In the
event that haul truck traffic utilizes alternate haul routes, in excess of 15
percent of the daily facility truck trips, the County will determine the
2012-0114
PL2144
SPECIAL REVIEW PERMIT (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 5
proportionate share of dust control and/or paving costs to be paid by the
applicant based upon then current truck trip counts that identify traffic
loading due to applicant-sourced traffic. The amount and extent of dust
control and/or paving measures will be determined by site-specific
conditions at the time, as determined exclusively by County personnel.
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR11-0020.
2. The location and size of any on-site signs.
3. The approved Landscape Plan.
4. If exterior lighting is a part of this facility, all light standards shall
be delineated in accordance with Section 23-3-250.B.6 of the
Weld County Code.
5. Oil and gas encumbrances, including gathering lines with
appropriate setbacks, shall be delineated on the plat.
6. Section 23-3-250.A.6 of the Weld County Code addresses the
issue of trash collection areas. Areas used for storage or trash
collection shall be screened from all adjacent properties and
public rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
7. A tracking control device is required to prevent the tracking of mud
onto the County road. The tracking control device should be a
double cattle guard or the equivalent.
A 60-foot radius is required on all accesses to public roads for
accesses designed to accommodate truck traffic. A minimum
effective turning radius of sixty (60) feet shall be used for
accesses intended to accommodate truck traffic, in accordance
with Section 8-2-40 B, Road Access Design Standards.
9. County Roads 96 and 37 are designated on the Weld County
Road Classification Plan as local gravel roads, which require 60
feet of right-of-way at full buildout. The applicant shall verify, and
delineate on the plat, 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. If the right-of-way cannot be verified,
it shall be dedicated. These roads are maintained by Weld
County.
2012-0114
PL2144
SPECIAL REVIEW PERMIT (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 6
2. Prior to operations commencing:
A. Prior to the start of construction, a grading permit will be required if the
area to be disturbed for a scale is greater than one (1) acre. The grading
permit application will need to include the sediment and erosion control
plan, typical installation details of all BMPs to be used on the site, typical
maintenance notes, typical installation notes, and a copy of the CDPHE
approved stormwater construction permit.
3. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
4. Upon completion of Condition of Approval #1 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 the Department of Planning Services. 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 one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
5. The applicant shall place the attached Development Standards for the Use by
Special Review Permit on the plat. The completed plat shall be delivered to the
Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within one hundred twenty (120) days
of approval by the Board of County Commissioners.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
2012-0114
PL2144
SPECIAL REVIEW PERMIT (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: j�,w �_
Sean P C ay, Chair
Weld County Clerk to the Board ^1
/'
Wil;am F� G ia, Pr.- rem
BY: a ttQ U ��..
Deputy C'k to the Board \ 1 . / ..
0 'yam irkmeyer
A PPROgED AS TO - M: I �' `'��=
'y""� •' E. Long
ounty Attorney CUSED
Douglas Rademacher
Date of signature:
2012-0114
PL2144
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MILLER FAMILY INVESTMENTS, LLC
USR11-0020
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0020, is
for a Mineral Resource Development, including Open Pit Mining and Materials
Processing (sand, gravel and stone) and Materials Processing, in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
8. Any vehicle washing areas shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of
the Water Quality Control Commission, and the Environmental Protection Agency.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. Adequate drinking, hand washing, and toilet facilities (bottled water and portable toilets
are acceptable) shall be provided for employees and patrons of the facility, at all times.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. Portable toilets may be utilized on sites that are temporary locations of the working face.
2012-0114
PL2144
DEVELOPMENT STANDARDS (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 2
14. Bottled water shall be provided to employees at the temporary locations of the working
face.
15. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
16. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds. All chemicals shall be stored
secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
17. The applicant shall obtain a Colorado Discharge Permit System from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control
Division, for any proposed discharge into state waterways, as applicable.
18. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
19. The operation shall comply with the Mine Safety and Health Act (MSHA).
20. The operation shall comply with the Occupational Safety and Health Act (OSHA).
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The hours of operation shall be from 6:00 a.m., to 10:00 p.m. This restriction shall not
apply to the operation of administrative and executive offices or repair and maintenance
facilities located on the property.
23. The number of employees on the site at one time shall not exceed fifteen (15).
24. Existing vegetative cover along public roads 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.
25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
26. 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.
27. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
2012-0114
PL2144
DEVELOPMENT STANDARDS (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 3
28. The site must take stormwater capture/quantity into consideration and provide
accordingly for Best Management Practices.
29. This area IS NOT in a Special Flood Hazard Area (SFHA), as determined by the Federal
Emergency Management Agency (FEMA). Lone Tree Creek flows through the proposed
mining operation, but it has not been mapped at this location.
30. The applicant has provided a drainage narrative indicating how off-site stormwater will
be handled. The applicant has indicated that Lone Tree Creek will not be diverted from
its natural course. If the Creek is to be mined through, the Creek should be
reconstructed in the location shown on the USR mining plan. In order to prevent
damage to County Road 37 and its associated barrow ditches, the applicant should be
aware that the drainage cannot be diverted into the County Road 37 barrow ditches
without the written consent of the Department of Public Works.
31. The applicant has submitted a Traffic Narrative for the facility in the application package.
Approximately 50 vehicles will access the mine site each day. The applicant should be
aware that vehicles in excess of the amount provided in the application package may
trigger additional off-site improvements.
32. A 60-foot radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic.
33. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
34. A building permit application must be completed for all electrical work conducted on the
site. A building permit must be issued prior to the start of construction.
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 of the 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.
39. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
2012-0114
PL2144
DEVELOPMENT STANDARDS (USR11-0020) - MILLER FAMILY INVESTMENTS, LLC
PAGE 4
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 Chapter 23,
Division 4, of the Weld County Code in order to reestablish any Use by Special Review.
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.
2012-0114
PL2144
Hello