HomeMy WebLinkAbout20123615.tiff RESOLUTION
RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY
SPECIAL REVIEW PERMIT#1671 -WELD COUNTY DEPARTMENT OF PUBLIC WORKS
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, on December 17, 2008, the Board approved the application of Weld County
Department of Public Works, 1111 H Street, P.O. Box 758, Greeley, Colorado 80632, for a Site
Specific Development Plan and Use by Special Review Permit #1671 for Open Pit Mining and
Materials Processing (dry mining) in the A(Agricultural)Zone District on the following described real
estate, being more particularly described as follows:
Part of the E1/2 of Section 33, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,the Department of Planning Services notified the Department of Public Works
staff of outstanding Conditions of Approval and items to be completed prior to recording the plat,
and
WHEREAS, on the 14th day of December, 2011, an Initial Hearing was held before the
Board to consider granting additional time to meet all of the conditions/requirements of approval and
record the plat, or set a Final Determination Hearing to Rescind approval of Use by Special Review
Permit#1671 and Deny the application, and
WHEREAS, at said hearing, David Bauer, Department of Public Works, was present, and
WHEREAS,after hearing all testimony presented,the Board deemed it advisable to continue
the matter to December 17, 2012, to allow the Department of Public Works staff additional time to
meet all of the conditions/requirements of approval and record the plat.
WHEREAS,after hearing all testimony presented on December 17,2012,the Board deemed
it advisable to refer the matter back to the Department of Planning Services to allow the applicant
additional time to meet all of the conditions/requirements of approval and record the plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter be, and hereby is, referred back to the Department of Planning
Services.
PL -PG/0 � � � I 2012-3615
PL1999
INITIAL HEARING CONCERNING RESCINDING USR#1671 -WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:\en: , w
Ma \ • r� lice%
,u \.„ /II •
t t can P. onw; Chair
Weld County Clerk to the :(:r. -�� ,_
{ ` '
%o„ ilham . Garcia, Pro-Tem BY: 96{/t/Deputy C to the Board �e'7-t �KirkmeyL.Lk-
(-Lk
/A Z/Li
VED RM: ctivl r
David E. Long
ounty Attorney tr—, (c..5--466
Douglasfiademach
DEC 2 0 2012
Date of signature:
2012-3615
PL1999
1861-2011 MEMORANDUM
W� TO: Weld County Commissioners
WEL �10 NTY
DATE: December 14, 2011
I� FROM: Chris Gathman C
SUBJECT: USR-1671 Status
Timeline:
• Approved by the Board of County Commissioners 12/17/2008.
Remaining Outstanding Conditions of Approval:
All conditions of approval on the USR-1671 resolution are still outstanding(conditions of approval 1.A through
1.L).
Staff Recommendation: '
Staff has had conversations with David Bauer—Weld County Public Works. He has indicated that they do
not intend to proceed with this project. Therefore, staff recommends that this USR be vacated.
2012-3615
PL19gg
Cyst_ 1h'7/
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY✓
Department of Natural Resources •
1313 Sharman St.,Room 215
Denver,Colorado 80203 COLORADO
D I V I S I O N O r
Phone:0031866-3567 RECLAMATION
FAX:1303)8324186 ' ,.y' MINING
eCS/ SAFETY
April 20,2009 I
Bill Men.
Governor
Mr.Greg Nelson Harris D.Sherman
Weld County Public Works Executive Director
P.O.Box 758 Ronald W.Gamy
Greeley,CO 80632 / / Division Dlmao,
v ✓ Natural Resource Magee
Re: Sheep Draw,M-2006-024,Permit Issuance-County Construction Material Operation
Dear Mr.Nelson:
On April 20,2009 the Division of Reclamation,Mining and Safety found Weld County Public Works to have satisfied
the applicable requirements of C.R.S.34-32.5-101 e1 sm.for obtaining a mining and reclamation permit. Therefore,a
permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for our files and
are enclosing One copy for your use. It is your responsibility to comply with all of the terms of the permit
1. All of the original application materials,as amended and supplemented,are an integral part of your permit. They
have been incorporated into the permit by reference. We presume that you have a copy of all of these materials;
therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit
application at the mining operation as a reference for operating personnel,to help ensure compliance with the teens of the
permit
2. Changes in the mining and reclamation operations that differ from those described in the permit may require a
modification to the permit We suggest consulting the Construction Materials Rules and Regulations and/or contacting us
to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments,Rule 1.9 to Technical Revisions,
and Rule 1.11 to Conversions.
3. On your permit anniversary date each year,April 20,you must submit an annual fee and an annual report to us.
The annual fee for this permit is$791.00. Please consult the Act,Rules and Regulations, and your permit for specific
annual report requirements applicable to your mine.
untDental
If you have any questions,please contact the Division. ytii a Pkln
GREELEY OFFICE
•
S. MI-n n3?nt0
irtsve,--)Car RECEIVED
RONALD W.CATTANY
Division Director
RWC/ECS/met
Enclosure
cc: Jennifer Lee,Applegate Group,Inc.
Office of Office of A/999
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Deponent of Natural Resources
1313 Sheehan St,Room 215 COLORADO
Delver,Colorado 80203 D I Y I r I O N OF
Phone 0031 8663567 RECLjut
MATION
FAX:0 031 832410 6 MINING
SAFETY
MINING AND RECLAMATION PERMIT Bill Ritter,It.
COUNTY CONSTRUCTION MATERIAL MINING OPERATIONS Governor
Hants D.Sherman
Executive Director
Permit Number: M-2008-024 Ronald W.Gary
Type of Permit: 112c DivisionqiB°°`
Manual emote Trustee
Permit Date: April 20,2009
(Anniversary date for
annual report and fees
PmPoses)
THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of
Colorado.
RECITALS
A. The Permittee, Weld County Public Works, desires to conduct a mining operation known as Sheep
Draw, for the purpose of extracting Sand and gravel. Unless this permit is modified or a separate permit is issued to
cover the mining and/or recovery of other minerals or extractive products,the Permittee will not mine or recover any
other commodities at this site.
B. On April 7,2009 the Mined Land Reclamation Board(the"Board")approved the Permittee's application
for this permit and directed that this permit be issued upon the filing with the Division of Reclamation,Mining and Safety
(the"Division")of performance warranty approved by the Division. Said warranty has been filed with the Division.
C. If the Permittee desires to extract materials other than those listed in(A),a separate permit or a permit
modification may be required.
D. On April 7,2009 the Board made the following findings:
1. The application for this permit complies with the requirements of the Colorado Mined Land
Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 el lea., as amended, and with all
applicable local,state and federal laws;
2. The operation will not adversely affect the stability of any significant,valuable,and permanent
man-made structure located within two hundred feet of the Affected Land,except where there is an agreement between
the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by
the Permittee if such an agreement cannot be reached,an engineering analysis establishes no damage will damage will
occur to the structure to the satisfaction of the Division;and;
Ogha of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
-
-2-
3. The proposed mining and reclamation operations can be carried out in conformance with the
requirements of the Act,and the Construction Material Rules and Regulations.
E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ,during and after its
underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such
operation;2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of
such lands;and 3) that,in the event of the failure of its proposed reclamation plan,it will take whatever measures may be
necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act
F. A copy of the Permittee's application,as amended and supplemented,has been approved by the Board
and is,by this reference,incorporated herein.
G. The issuance of this permit does not relieve the Permittee from having to comply with all applicable
Federal,State and County statutes,including State water law.
GRANTS.CONDITIONS AND AGREEMENTS
The Board, in reliance upon the representations and promises made in the permit application,as amended and
supplemented,and the performance warranty,hereby issues a life of the mine permit to the Permittee,to engage in the
operations described in the application on certain lands lying in the County of Weld,State of Colorado. These lands are
described in the permit application,as amended and supplemented,and are referred to herein as the"Affected Lands".
This permit is issued subject to the following conditions and agreements:
1) The Pennittee will be bound by all applicable requirements of the Act, and all applicable rules and
regulations of the Board, as amended from time to time, the terms of the permit application, and the terms of the
performance warranty filed with the Division.
2) The Permittee will file with the Division its annual report and fees on each anniversary date of this
permit.
3) If analyses of the mining and reclamation operation and the data collected through monitoring and
experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply
with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby agrees to
exercise its best efforts,after consulting with the Division,to modify the plans to correct such deficiencies in the fixture.
Such modifications may require technical revisions or amendments to the permit
4) The Board,or its authorized representative may enter upon the lands of the permitted operation at all
reasonable times for the purpose of inspection to determine whether the provisions of the Act,Rules and Regulations,and
permit have been complied with pursuant to C.R.S.34-32.5-121.
5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or
regulations promulgated by the Board,the permit,or by violation of a Board Order.
-3-
6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the lands
affected by the operation,or to respond to an emergency as defined by C.R.S.34-32.5-121(2).
b) The Board will enter the lands to perform reclamation only if the Board has determined:
i. that reclamation required by the permit, statute, or regulations to be performed upon
such lands has not been performed,or
u. that permit revocation proceedings described in the Act or similar provisions of
subsequent laws,if any,have been initiated.
c) The Division,acting for the Board,will enter lands to respond to an emergency only where the
Division determines that any of the conditions of Construction Material Rule 8.42 exist.
7) The additional conditions set forth in the attached rider,if any,are incorporated herein by reference.
/ / a) Rider is attached.
/XX / b) No rider is attached.
MINED LAND RECLAMATION BOARD
COLORADO DEPARTMENT OF NATURAL RESOURCES
(2.sebt) Cost .c.r
RONALD W.CATTANY
Division Director
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