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Home My WebLink About20111178 INVENTORY OF ITEMS FOR CONSIDERATION ' 4ppLCcawt LG Everist'I Inc. case Nuwt.ber AmUSR-1102 c/o Lynn Shults Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Field Check Form Letter to Applicant Affidavit of sign posting Legal Notifications 2 Application X Maps N' Deed/ Easement Certificate Surrounding Property/ Mineral Owners Utilities 3 Referral List X • Referrals without comment St. Vrain Sanitation District referral received 1-26-2011 Weld County Zoning Compliance, referral received 1-27-2011 Central Weld County Water District referral received 1-27-2011 Weld County School District RE-1, referral received 1-31-2011 Town of Frederick, referral received 2-14-2011 Tri-State Generation and Transmission referral received 2-22-2011 N' 4 Referrals with comments X State of Colorado, Division of Water Resources, referral received 1-27- 2011 Colorado Department of Transportation, electronic referral received 1-28- 2011 N. Longmont Soil Conservation District, referral received 2-8-2011 Mountain View Fire Protection District, referral received 2-10-2011 FEMA Region VIII, Mitigation Division referral received 2-11-2011 1 ±I Town of Mead referral received 2-22-2011 EXH BR • \' Taw-y, of Pies forv�. cX rr(as (.1 c1 y-30_1! " to h.udL/Ga(cr\.eat Fire bis>`rid- recsrrc,A r<cu-uAa /-a5 -Ii 2011-1178 Weld County Department of Building Inspection, referral received 2-24- 2011 Weld County Department of Public Works, referral received 2-28-2011 Weld County Department of Public Health & Environment, referral received 3-10-2011 5 PC Exhibits G... s AT pos4 dart- Ucadu,,, and e dos (3.i wiw C�arrmiAL) b- TU.:yriv) S inarr,o r.. ' C'anc4,Twr, Clterr , cicJ D( 51311) • herebu certL fu that the 6 Ltew&s LLdewtL fled here were suboitted to the pepavtvv,.ewt o f PLa ww%wg stvLoes at orpr%or to the scheduled PLawwLwg Conkvikissimwers hearLwg. 411 Kivu. og ❑ PLawwer • 1861 - 2011 • LAND USE APPLICATION jE L D__ -COUNTY SUMMARY SHEET Case Number: AmUSR-1102 Hearing Date: May 3, 2011 Applicant: LG Everist, Inc. c/o Lynn Shults 7321 E 88th Ave Henderson CO 80640 Request: A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District Legal Description: Part of Section 32, T3N, R67W of the 6`" P.M Weld County, Color • Location: East of and adjacent to County Road 15, South of and adjacent to County Road 26.75; West of and adjacent to County Road 17 (Holiday Street) and North of and adjacent to County Road 26 (Zinnia Avenue) Size of Parcel: 377.33 acres, more or less, 309.42 acres to be mined Parcel Number: 1209-32-0-00-027; 1209-32-0-00-032; 1209-32-0-031 and 1209-32-0-035 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies without comment: • St. Vrain Sanitation District referral received 1-26-2011 < Weld County Zoning Compliance, referral received 1-27-2011 • Central Weld County Water District referral received 1-27-2011 • Weld County School District RE-1, referral received 1-31-2011 • Town of Frederick, referral received 2-14-2011 • Tri-State Generation and Transmission referral received 2-22-2011 The Department of Planning Services' staff has received responses from the following agencies with comment: • EXHIBIT < State of Colorado, Division of Water Resources, referral received 1-27-2011 jt ' LG EVERIST, INC,AMUSR-1102, PAGE 1 1 < Colorado Department of Transportation, electronic referral received 1-28-2011 • Town of Firestone referral received 2-8-2011 • Longmont Soil Conservation District, referral received 2-8-2011 < Mountain View Fire Protection District, referral received 2-10-2011 • FEMA Region VIII, Mitigation Division referral received 2-11-2011 • Town of Mead referral received 2-22-2011 < Weld County Department of Building Inspection, referral received 2-24-2011 < Weld County Department of Public Works, referral received 2-28-2011 • Weld County Department of Public Health & Environment, referral received 3-10-2011 The Department of Planning Services' staff has not received responses from the following agencies: • United States Army Corps of Engineers • State of Colorado, Division of Reclamation Mining Safety • Last Chance Ditch Company < Sidehill Drainage Ditch • Kerr McGee OnShore, L.P. • Encana Oil & Gas (USA) < Sinclair Pipeline • United Power • Qwest Telephone < Platteville Fire Protection District < Town of Platteville • Colorado Division of Wildlife • Weld County Sheriff's Office • • LG EVERIST, INC,AMUSR-1102, PAGE 2 2 • 1861 - 2011 LAND USE APPLICATION . SUMMARY SHEET ice— I' WELD_,COUNTY Planner: Kim Ogle Case Number: AmUSR-1102 Hearing Date: May 3, 2011 Applicant: LG Everist, Inc. do Lynn Shults 7321 E 88th Ave Henderson CO 80640 Request: A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials • Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District Legal Description: Part of Section 32, T3N, R67W of the 6th P.M Weld County, Color Location: East of and adjacent to County Road 15, South of and adjacent to County Road 26.75; West of and adjacent to County Road 17 (Holiday Street) and North of and adjacent to County Road 26 (Zinnia Avenue) Size of Parcel: 377.33 acres, more or less, 309.42 acres to be mined Parcel Number: 1209-32-0-00-027; 1209-32-0-00-032; 1209-32-0-031 and 1209-32-0-035 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.6 (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 Northern part of the property is classified as F-1 (Floodplain and Valley- LG EVERIST, INC,AMUSR-1102,PAGE 3 3 Fill Deposits — relatively clean and sound). The application materials indicated that approximately one foot of topsoil exists which will be removed and stockpiled; five (5) to • six (6) feet of overburden and other material will be removed; and twenty-eight (28) to thirty-two (32)feet of sand and gravel will be extracted. The proposed use would be compatible with surrounding properties which include agricultural lands, river bottom lands and floodplain designated lands and adjacent mineral resource development facilities. Further, Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral deposits for extraction. (1) "After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other 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." (2) "After adoption of a master plan for extraction for an area under its jurisdiction, no board of county commissioners, governing body of any city and county, city, or town, or other 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 containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." (3) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority which has control over zoning from zoning or rezoning land to permit a certain use, if said use does not permit erection of • permanent structures upon, or otherwise permanently preclude the extraction of commercial mineral deposits by an extractor from, land subject to said use." (4) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or other governmental authority which has control over zoning from zoning for agricultural use, only, land not otherwise zoned on July 1, 1973." (5) "Nothing in this section shall be construed to prohibit a use of zoned land permissible under the zoning governing such land on July 1, 1973." (6) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority from acquiring property known to contain a commercial mineral deposit and using said property for a public purpose; except that such use shall not permit erection of permanent structures which would preclude permanently the extraction of commercial mineral deposits." Section 22-5-80.B (CM.Goal 3) states, "Minimize the impacts of surface mining activities on surrounding land uses, roads and highways." The application proposes to place the processing area in the same area as proposed for the Owens Bros mine, north of and adjacent to County Road 15. There is an existing • stand of cottonwood trees present to the south of this location. The existing access to the site is located off of County Road 15 which is paved to the facility's entrance. The internal access road is a combination of pavement and hard paved Class 6 road base. LG EVERIST, INC,AMUSR-1102, PAGE 4 4 The Department of Public Works is requiring a revised Road Maintenance Agreement for this facility. • 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. Require, where possible, that batch plants and processing equipment be buffered from adjacent uses. The processing area will be located East of and adjacent to County Road 15, approximately 1600 feet north of County Road 26. A substantial earthen berm is adjacent to the West, a part of the Nelson Mine, (USR-1529) and the nearest residence is approximately1200 feet to the south-south west in the Northwest quarter of County Road 26 and County Road 15. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The western portion of the permit area was approved for mining in 1996 and consists of mined and disturbed lands non-jurisdictional wetlands and little vegetation, aside from native grasses. Other areas to the East and South have supported irrigated crop production, pasture and hay production. There is a small area in the southeast corner that is in dryland pasture. In an area located in the northwest quarter of County Road 17 and County Road 26 is a historic cemetery. • The proposed use would be compatible with surrounding properties which include agricultural lands, limited rural residential and multiple mineral resource development facilities. Lands to the North lie in the St. Vrain Creek floodplain and have two residential structures and one outbuilding. Visual inspection determined one residence is vacant and For Sale. Also to the North is land owned by the Town of Firestone, yet not annexed. This land is associated with the Firestone Trail alignment, and lands to the northeast of County Road 28 is the Ready Mixed concrete facility, permitted under land use permit number USR-1343. Land to the East are in the Town of Firestone as part of the Heintzelman Pit No. 1, 2 and 3 annexation, reception date of May 28, 2010. Lands to the South are predominately in the County and remain as agricultural operations. There is an overhead electric transmission line on steel poles adjacent to the North side of County Road 26. To the West is the Nelson Mining Resource pit operated by Asphalt Specialties under land use permit number USR-1529. Within the permit boundary are numerous oil and gas production facilities, and the historic rail corridor which has since been abandoned and is part of the private property associated with this site. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The surrounding property is primarily agricultural in nature, with multiple mineral resource developments in the near vicinity with a few homes in the area. The site contains agricultural lands with the proposed use compatible with surrounding properties which include gravel operations in the general vicinity. Planning Staff believes that, with the endorsement of the Conditions of Approval, • contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. LG EVERIST, INC,AMUSR-1102, PAGE 5 5 E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld • County Code. The proposal is located within the Flood Hazard Overlay District area as delineated on FIRM Community Panel Map #080266-0855C dated September 28, 1982 for the Floodplain. Flood Hazard Development Permits will be required for all structures in the Floodplain. Building Permits issued on the property will be required to adhere to the following fees. Effective January 1, 2003, Building Permits issued on the subject site will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Storm water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property to be mined contains no "Prime" agricultural lands, thus, no prime farm land will be taken out of production with this proposal. The subject site is primarily classified as "prime if irrigated" land as delineated on the Important Farmlands of Weld County map, dated 1979. A portion of the lands are currently farmed. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open-mining has been addressed • through this application and the Development Standards will insure compliance with Section 23-4-250 Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Service's staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Department of Public Works, as stated in their referral response dated February 28, 2011. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements of the Department of Building Inspection, as stated in their referral response dated February 24, 2011. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) C. The applicant shall attempt to address the requirements of the Town of Firestone, as stated in their referral response dated February 8, 2011. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements of the Federal Emergency Management • Agency, as stated in their referral response dated February 11, 2011. Evidence of LG EVERIST,INC,AMUSR-1102, PAGE 6 6 approval shall be submitted in writing to the Department of Planning Services. (FEMA, Department of Planning Services) • E. The applicant shall submit an Amended Flood Hazard Development Permit to the Department of Public Works for review and evaluation. Evidence from the Department of Public Works that the application has been conditionally approved shall be provided to the Department of Planning Services. (FEMA, Department of Public Works) F. A revised Road Maintenance Agreement is required for this project. Written evidence of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) G. The applicant shall address how offsite drainage will be diverted around the site. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) H. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing areas shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. Written evidence of Environmental Health approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) 2. The plat shall be amended to delineate the following: A. Setbacks to the mining operation are measured from the right-of-way or future right-of- way lines plus the standard setback of 20 feet in the agricultural zone district. No structure will be allowed in the future right-of-way. A slurry wall or retaining wall is considered a structure. (Department of Planning Services) • B. County Roads 15, 26.75 and 17 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of- way and this information shall be noted on the plat. 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. (Department of Public Works) C. County Road 26 (Zinnia Avenue) and a portion of County Road 17 (Holiday Street) are under the jurisdiction of the Town of Firestone. The Town of Firestone has requested an additional twenty (20) feet of future right-of-way be delineated for County Road 26 (Zinnia Avenue) in their referral dated February 8, 2011. (Town of Firestone) D. Please show the boundaries of the FEMA approved floodplain on all drawings. (Department of Public Works) E. A portion of the site is located within the FEMA mapped Zone A 100-Year Floodplain and/or possibly the floodway. Weld County Code prohibits the construction of buildings within the floodway. The applicant has stated that no new structures will be built. Any stockpiling of materials in the floodplain will require a Flood Hazard Development Permit. (Department of Public Works) F. The project will utilize the existing access to County Road 15 which has been paved from the entrance to County Road 26. (Department of Public Works) G. All existing Town of Firestone and Weld County Roads shall be delineated on the plat including their existing and future rights-of-way. (Town of Firestone, Department of • Public Works) LG EVERIST, INC,AMUSR-1102,PAGE 7 7 • 3. Prior to construction: A. A building permit is required for buildings and structures which require permits before the beginning of construction. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. (Department of Building Inspection) B. The applicant shall provide evidence of an approved Amended Flood Hazard Permit from the Department of Public Works to the Department of Planning Services. (Department of Planning Services) C. The applicant shall attempt to address the requirements of the Mountain View Fire Protection District as stipulated in their referral dated February 10, 2011. (Mountain View Fire Protection District) See Referral from MVFPD 4. Prior to the release of the DRMS Bond: A. The applicant shall address issue of the railroad embankment. The current effective Flood Insurance Rate Map appears to show that the railroad embankment is the eastern boundary of the floodplain. It appears that the applicant plans to remove the railroad embankment during mining operations. It stands to reason, that removing the railroad embankment will extend the floodplain boundaries to the east. Therefore, the applicant needs to show what the impact of removing the railroad embankment will be on the floodplain. Pursuant to the attached letter from FEMA dated January 13, 2011, a Letter of Map Revision will need to be issued by FEMA prior to release from DRMS. (Department of Public Works) • 5. The Special Review activity shall not occur nor shall any building permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 6. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department of Planning Services) 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) • LG EVERIST, INC,AMUSR-1102, PAGE B 8 • SITE SPECIFIC DEVELOPMENT PLAN AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS L.G. Everist, Inc. Firestone Mine AmUSR-1102 1. A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. • (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the "waste handling plan". (Department of Public Health and Environment) 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the dust abatement plan at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility at all times. Maintained portable toilets are adequate. (Department of Public Health and Environment) 12. Any septic system located on the property must comply with all provisions of the Weld County • Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) LG EVERIST,INC,AMUSR-1102, PAGE 9 9 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at all • times. [Central Weld County Water District] (Department of Public Health & Environment) 14. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health & Environment) 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. (Department of Public Health & Environment) 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 (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health & Environment) 17. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. [DRMS] (Department of Public Health & Environment) 18. The operation shall comply with the Mine Safety and Health Act. [MSHA] (Department of Public Health & Environment) 19. The operation shall comply with the Occupational Safety and Health Act. [OSHA] (Department of • Public Health & Environment) 20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 21. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 22. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning Services) 23. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) 24. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) 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. (Department of Public Works) • LG EVERIST,INC,AMUSR-1102, PAGE 10 10 27. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcels # 120932000027, #120932000032, • #120932000031, & #120932000035 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 #808266-0855C 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) 28. Flood hazard development permits will be required for development activities located within the FEMA mapped Saint Vrain River Floodplain. (Department of Public Works) 29. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. (Department of Public Works) 30. Future development occurring within the floodplain shall be in compliance with the floodplain codes in effect at that time. (Department of Public Works) 31. The applicant shall comply with County and FEMA floodplain regulations and obtain a Letter of Map Revision (LOMR) from FEMA prior to the release from DRMS. (Department of Public Works) 32. Weld County is not responsible for the maintenance of on-site drainage related features. (Department of Public Works) 33. A building permit is required for buildings and structures which require permits before the beginning of construction. (Department of Building Inspection) 34. Buildings shall conform to the requirements of the various codes adopted at the time of permit • application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Energy Code; 2006 International Fuel Gas code; 2008 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 35. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 36. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 37. Should human remains be discovered during mining activities, the requirements under State law C.R.S. part 13 apply and must be followed. (Department of Planning Services) 38. The number of employees associated with the daily operations is limited to 15 persons per shift. (Department of Planning Services) 39. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 40. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 41. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. • LG EVERIST,INC,AMUSR-1102, PAGE 11 11 42. 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) 43. 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. 44. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning Services) 45. 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) • • LG EVERIST, INC,AMUSR-1102, PAGE 12 12 • 1 8 6 I - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE - GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 =' FAX: (970) 304-6498 WELD -COUNTY April 7, 2011 LG Everist, Inc. c/o Lynn Shults 7321 E 88th Ave Henderson CO 80640 Subject: AmUSR-1102-A Site Specific Development Plan and Amended Use by Special Review Permit for a Mineral Resource Development including Open Pit Mining and materials Processing (sand, gravel and stone), including concrete and asphalt recycling and a concrete and asphalt batch plant facility in the A(Agricultural)Zone District on a parcel of land described as Part of Section 32, T3N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 3, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held on May 18, 2011 at 10:00 a.m., in the Chambers of the Board of County • Commissioners,Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at http:l/www.co.weld co.us/Departments/PlannincRoninq/PlanntnciDepartment/index.html If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine f hisRanslem Reason: am the author of this document Location:1555 N 17th Ave Date:2011.04.07 13:17:36-06'00' Kim Ogle Planner • PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS APRIL 22, 2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND AN AMENDED SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING (SAND, GRAVEL AND STONE), INCLUDING CONCRETE AND ASPHALT RECYCLING, AND A CONCRETE AND ASPHALT BATCH PLANT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT [LG EVERIST, INC., C/O LYNN SHULTS] KIM OGLE Name of Person Posting Sign P • Sign t re of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) (J m [nom The foregoing instrument was subscribed and sworn to me this 1 / day of , /II f , 2011 WITNESS my hand and official seal. -c.�ctil Npl (NCO • Notary Public `:• R/gt.'G •;)O DF...... ... 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' ' r Site Vie \l e , • 10 5/11/2011 0 • t • r •,. • r1 14 tri's • "kill ; 'L.,: . . Pr. • r la ip , • Ili' , fp,yr . ! - ,1/4:, 4,. ‘ ;1 k„ , ././, -- , , " . . . .., , 4: 4 , ,, , i li I irt t r i :Site View to North • • • J i -` . � J ` .J •� Lt � __ • .fie' i._•- 44. _arm •(J iT. v^•,�,.. _s 1 I1 fi .a,• tw_ 'YD 'S , {, r • �f` I� s .L , r b • ti ♦ • • -r �l ."t�;•r i. -.tii A lM Y `, # isitc' ViPW C NQ �_ . .I� _ • 11 5/11/2011 • _ 1 _ 12 FIELD CHECK Inspection Date: March 10, 2011 Applicant: LG Everist, Inc. Case No. AmUSR-1102 Request: A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District Legal Description: Part of Section 32, T3N, R67W of the 61h P.M Weld County, Color Location: East of and adjacent to County Road 15, South of and adjacent to County Road 26.75; West of and adjacent to County Road 17 (Holiday Street) and North of and adjacent to County Road 26 (Zinnia Avenue) Size of Parcel: 377.33 acres, more or less, 309.42 acres to be mined Parcel Number: 1209-32-0-00-027; 1209-32-0-00-032; 1209-32-0-031 and 1209-32-0-035 Zoning Land Use N Agriculture N Residential and Agriculture E Town of Firestone E Residential and Agriculture S Agriculture S Residential and Agriculture W Agriculture W Residential and Gravel Mine Comments: County Road 15 is paved to the entrance of the Mine, North of County Road 26. There is a slight rise at the intersection with relatively good visibility in both directions. County road 15 north of entrance is all weather, County road 26.75 is also all weather and County Road 17 is all weather. Residential structures are present on large tracts of land and smaller recorded exemption parcels. The western portion of the permit area was approved for mining in 1996 and consists of mined and disturbed lands non-jurisdictional wetlands and little vegetation, aside from native grasses. Other areas to the East and South have supported irrigated crop production, pasture and hay production. There is a small area in the southeast corner that is in dryland pasture. In an area located in the northwest quarter of County Road 17 and County Road 26 is a historic cemetery The Firestone Trail, a part of the Legacy Grant is adjacent to the South and North. The link between these two points does not exist, although there is an elevated portion of the LG Everist property that once held the railroad tracks. The Last Chance Ditch bisects the property traversing from the southwest quarter through the mid property and exiting to the northeast of the property. Two other ditches are also present. There are also numerous oil and gas encumbrances located on site, and a majority of the property is in pasture. Non- jurisdictional wetlands are present as is the former borrow area associated with the past mining operation Other site improvements include an overhead electric transmission line on steel poles adjacent to the North side of County Road 26. And internal to the property is a single office trailer(scale house) and scale with lighting and signage. The internal access is graded and compacted with Class 6 road base, ar limited concrete pads for the placement of site equipment associated with the operation. • Sign : Kim Ogle- Planner Kristine Ranslem m: Kristine Ranslem nt: Tuesday, January 25, 2011 4:21 PM To: 'Roy Spitzer' Subject: AmUSR-1102 Field Inspection Attachments: PC Field Check.docx We have just received a case (AmUSR-1102) in which we ask that you review the material and send the attached field inspection form to us by February 25, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlanningZoninq/PlanninciDepartment/index.html#AmUSR- 1102 If you have any questions, please don't hesitate to contact me at the number below. Thank you! KxLsti,vue rza ins Levy. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 Kristine Ranslem am: Roy Spitzer[roy.spitzer@deereault.com] nt: Tuesday, January 25, 2011 4:31 PM To: Kristine Ranslem Subject: RE: AmUSR-1102 Field Inspection Kristine, I'm not sure I can field check this one. My company worked on the application (floodplain) and the 112 permit. I will have to recuse myself when this comes before the planning commission. Roy S. From: Kristine Ranslem Jmailto:kranslem@co.weld.co.usl Sent:Tuesday,January 25, 2011 4:21 PM To: Roy Spitzer Subject:AmUSR-1102 Field Inspection We have just received a case (AmUSR-1102) in which we ask that you review the material and send the attached field inspection form to us by February 25, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/Pla n n i ngZoning/Pla nningDepa rtment/index.html#AmUSR-1102 If you have any questions, please don't hesitate to contact me at the number below. Thank you! Kristine Ranslem nning Technician eld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • 1 Kristine Ranslem •om: Kristine Ranslem nt: Tuesday, January 25, 2011 4:22 PM To: 'Lynn Mayer Shults' Subject: Case AmUSR-1102 Attachments: Applicant letter.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! ICrLstLike R.civusLeink Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • i • 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SER VI 1555 N AVE GREELEY, CO 80631 PHONE: (970)35370) Ext. 3540 FAX: 1(900(970) 30404-6498 WELD ,COUNTY u January 25, 2011 LG Everist, Inc. c/o Lynn Shults 7321 E 88th Ave Henderson CO 80640 Subject: AmUSR-1102 - Request for a Site Specific Development Plan and Amended Use by Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including concrete and asphalt recycling, and a concrete and asphalt batch plant facility in the A (Agricultural) Zone District on a parcel of land described as Part of Section 32,T3N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: • Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone, Frederick, Mead and Platteville Planning Commission for their review and comments. Please call Firestone at 303-833- 3291, Frederick at 720-382-5500, Mead at 970-535-4477, and Platteville at 970-785-2245 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Frederick, Mead and Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Reasollyn:signed m he Kristine f thisRanslem Reason: byauthor ofcument Location:1555 N 17th Ave Date:2011.01.2511:03:11-0700' Kim Ogle Planner • 18 6 I - 2 0 I I DEPARTMENT OF PLANNING SERVICES • Greeley Planning Office . 1555 North 17TH Avenue Greeley, CO 80631 Website: www.co.weld.co..us Email: koqleco.weld.co.us W E L DEC O U N T Y Telephone: 970-356-4000 x 3549 L== .J Facsimile: 970-304-6498 January 14, 2010 Ms. Lynn Shults L.G. Everist, Inc. 7321 E. 88th Avenue, Suite 200 Henderson, CO 80640 Subject: Completeness Review of Land Use Application Amended Special Use Permit for Mineral Extraction AmUSR-1102 Dear Ms. Shults: The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have • completed their review of the documents submitted for review post pre-application meeting held in the offices of the Department of Planning Services on June 4, 2010. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application. The application fee has been submitted, thank you. The Department of Planning Services requests an updated Surrounding property owner list for all land owners within five hundred (500) feet of this facility. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. The Building Department provided the following statement. • Building permits are required for buildings and structures which required permits before the beginning of construction. • Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2008 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. The Department of Environmental Health requests the following information be submitted prior to setting the case for referral: # What is the life of the mine? • # Water tap assignment is not signed by Central Weld Water District, please provide. • Portable toilets are not acceptable except at the working face of the mine and portable processing equipment. A vault would be an acceptable septic system at the scale house. Septic • permit G1992014 is sized for a 2 bedroom mobile home. If there are plans to use this system it will require an engineer review to accommodate the maximum number of people on site daily. We cannot issue a septic permit if Saint Vrain is within 400 feet of the scale house. Please provide clarification • Please provide dust, noise and waste handling plans. Go to web site for dust and waste plan examples. http://www.co.weld.co.us/Departments/PlanningZoninq/PlanningDepartment/ApplicationAssistance.html • APEN and discharge permit from state were not included, please provide. The Department of Public Works in their referral dated January 10, 201 has the following comments. Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to: the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. > Site Plan— Submitted • Traffic Study—Not Required—A traffic estimate has been submitted and will be reviewed. > Preliminary Drainage Report—A drainage narrative has been submitted and will be reviewed. • Geotechnical Report—Not Required ➢ Flood Hazard Development Standards— In a FEMA Floodplain. The floodplain information will be reviewed. If batch plants, stockpiles and structures are located outside of the floodplain no Flood • Hazard Development Permit will be required. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. This concludes our evaluation of the submitted materials. This office will proceed with the application when the issues her have been addressed. The Department of planning Services will not schedule any land use hearings until a Final Approval from DRMS has been obtained for the proposed amendment to the Firestone Mine. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, Ki Ogle Planning Services ec. PA10-052 Planning Correspondence D. Carrot, PW L. Light,EH K. Swanson, BI • T. Perko, Planning 0 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA10-052 i.\nr Applicant: LG Everist. Inc. c/o Lynn Shults \ ,. Case#: AmUSR-1102 ��-- Request: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural)Zone District Legal Description: Part of Section 32, T3N, R67W of the 6") P.M Weld County, Colorado Location: East of and adjacent to County Road 15. South of and adjacent to County Road 26.75 and West of and adjacent to County Road 17 Size of Parcel: 377.33 +/- acres Parcel Number: 1209-32-0-00-027: 1209-32-0-00-032; 1209-32-0-031 and 1209-32-0-035 RETAIN PACKET AS ENTIRE APPLICATION Public Works ❑ Health o Building a Planning • Comments: Date: December 22,2010 Comments Due No Later than January 10, 2 0 Questions, call, thanks Kim, x 3549 0 Weld County Planning Department GREELEY OFFICE IAN ' 2 701i • Att MEMORANistsgivED IC FROM: Ogle, Plannin Seices DATE: Hansen9P.E.,Public Works D partment l January 2011 TO: Kim A COLORADO SUBJECT: 7-Day Completeness Review— L.G. Everist, Inc. do Lynn Shults I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan— Submitted • Traffic Study—Not Required—A traffic estimate has been submitted and will be reviewed. ➢ Preliminary Drainage Report—A drainage narrative has been submitted and will be reviewed. ➢ Geotechnical Report—Not Required ➢ Flood Hazard Development Standards — In a FEMA Floodplain. The floodplain information will be reviewed. If batch plants, stockpiles and structures are located outside of the floodplain no Flood Hazard Development Permit will be required. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. • Public Works has adequate information to review this submittal. pc: 7-Day Completeness, L.G. Everist • M:\PLANNING—DEVELOPMENT REVIEW7-DayCompletenessReviews\2011\LG Everist, PM0-052 7-Day.docx • 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA10-052 Applicant. LG Everist, Inc. c/a Lynn Shults Case#: AmUSR-1102 Request A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District Legal Description: Part of Section 32, T3N, R67W of the 6"' P.M Weld County, Colorado Location: East of and adjacent to County Road 15, South of and adjacent to County Road 26.75 and West of and adjacent to County Road 17 Size of Parcel: 377.33 +/-acres Parcel Number: 1209-32-0-00-027; 1209-32-0-00-032;: 1209-32-0-031 and 1209-32-0-035 RETAIN PACKET AS ENTIRE APPLICATION 1111 ❑ Public Works ❑ Health Building ❑ Planning Comments: G &Tel O 7 4,e4- iika ter cA,5-1-V-VrfrIr a6we C1� S�C 4-tivf r, 7 ✓�,�c Date: December 22, 2010 Comments Due No Later than January 10, 2010 Questions, call, thanks Kim, x 3549 • • di MEMORANDUM Woe TO: DATE: P 0 2010 COLORADO File, pre-application . June 4, COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting Amendment to USR-1102 Attendees: Lynn Shults, L.G. Everist, Inc. Steve O'Brian, Environment, Inc. Clay Kimmi, Public Works Heidi Hansen, Public Works Tom Parko, Planning Kim Ogle, Planning Kris Ranslem, Planning • On Friday, June 4, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding an expansion to the boundaries of USR-1102. Background Information: Currently, under USR-1102 the applicants are able to mine approximately 105 acres. The applicants have purchased the two parcels to the east of the site and intend to mine these sites as well, bringing the total mining area to approximately 366 acres. The applicants estimate that the operation of the mine will be 30 to 40 years depending on market demands. Health Department The applicants believe that there may be a tap for the existing scale house on site. Sewer service is provided by St. Vrain Sanitation. The applicants indicated that they intend to renew the APEN which is in existence under current USR-1102. The applicants stated that they have acquired the Stormwater Discharge Permit. Public Works The northwestern portion of the site is located in a floodplain. Provided the batch plants and stockpiles are located outside of the floodplain, no Flood Hazard Development Permits (FHDP) would be required. The applicants stated that they intend to utilize the existing established haul routes. • Staff indicated that the Improvements Agreement may need to be updated to reflect new regulations such as tracking pads, etc. Staff requested the applicant provide an estimate of traffic numbers initially. Staff will then determine if a traffic study is required. • Planninq Department The applicants indicated that they are proposing 10 to 15 employees for the site. Hours of operation will be during daylight hours Monday through Saturday; however occasionally there may be some maintenance or repairs conducted after hours or on Sundays. The applicants indicated that they are currently working with the ditch companies: Side Hill Ditch will remain on site, Seepe Ditch begins on this property and will be removed, the applicants indicated that they are unsure at this time if the Last Chance Ditch will be moved. Staff encouraged the applicants to visit with Firestone on the trail. The applicants indicated that they currently have a SUA with Sinclair on the pipeline which runs through the site. SUAs are currently being negotiated with Kerr McGee and Encana. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be • scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. • wok APPLICATION FLOW SHEET 1111 COLORADO Applicant: LG Everist, Inc. do Lynn Shults Case#: AmUSR-1102 Request. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural)Zone District Legal Description: Part of Section 32, T3N, R67W of the 6'h P.M Weld County, Colorado Location: East of and adjacent to County Road 15, South of and adjacent to County Road 26.75 and West of and adjacent to County Road 17 Size of Parcel: 377.33 +/- acres Parcel Number 1209-32-0-00-027; 1209-32-0-00-032; 1209-32-0-031 and 1209-32-0-035 DATE BY Application Received 12-22-2010 Ogle Application Complete—7-Day Response and Applicant's Response PC Hearing Date: Action: PC Sign to be Posted By: Referrals Listed • File Assembled Letter to Applicant Mailed Date Public Notice Published in County Newspaper Surrounding Property&Mineral Owners Notified Planning Technician Maps Prepared Field Check by DPS Staff Planning Commission Resolution/Case Sent to Applicant/Clerk to Board CC Hearing: Action: CC Sign to be Posted By: Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts Zoning Agricultural / Airport Yes_ No d Geologic Yes No 1- Flood Hazard Yes No Panel#080266 0850 C • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX: 970-304.6498 Date: JRJ S 20 Receipt No. 1 5 P Received From: Li,./ i J-,(n'.� \Ail/ Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH i� 4221-USR �I/f,sitfrM„ac - 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB • #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE DCASH OCHECK NO. ❑CREDIT CARD TOTAL FEE (2,it? Receipted By: - DL# Exp. • Hello