HomeMy WebLinkAbout20112834.tiff RESOLUTION
RE: ACCEPT REQUEST OF MIKE REFER, ON BEHALF OF AGGREGATE INDUSTRIES -
WCR, INC., TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT#1347 FOR AN OPEN PIT GRAVEL
MINING OPERATION AND CONCRETE AND ASPHALT BATCH PLANT IN THE
A(AGRICULTURAL) ZONE DISTRICT AND RESCIND RESOLUTION #2002-1710,
DATED SEPTEMBER 11, 2002
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 September 11, 2002, the Board approved the application of Aggregate
Industries West Central Region, 3605 South Teller Street, Lakewood, Colorado 80235, for a Site
Specific Development Plan and Use by Special Review Permit#1347 for an Open Pit Gravel Mining
Operation and Concrete and Asphalt Batch Plant in the A(Agricultural)Zone District on the following
described real estate, to-wit, and:
Part of the W1/2 of Section 21, and part of the SE1/4
SE1/4 of Section 20, all in Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on October 26, 2011, the Board was presented with an E-mail from Connie
Davis, referencing a letter, dated October 4, 2011, from Mike Refer,on behalf of the current property
owner, Aggregate Industries, requesting the withdrawal of the application, stating the use never
commenced, as the property owner withdrew the mining and reclamation permit application from the
Colorado Division of Reclamation, Mining and Safety, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and all of the exhibits and evidence presented
in this matter and, having been fully informed, accepts said request for withdrawal, and
WHEREAS, after review, the Board deems it advisable to grant Mr. Refer's request and
thereby accept the withdrawal of the application and to rescind Resolution #2002-1710, dated
September 11, 2002.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Mike Refer, on behalf of Aggregate Industries-WCR, Inc.,to
withdraw the application for a Site Specific Development Plan and Use by Special Review
Permit#1347 for an Open Pit Gravel Mining Operation and Concrete and Asphalt Batch Plant in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2002-1710, dated September 11, 2002, be, and hereby is, rescinded.
(c,' Pt. 2011-2834
II - / / PL1614
ACCEPT WITHDRAW REQUEST AND RESCIND RESOLUTION #2002-1710 (USR #1347) -
AGGREGATE INDUSTRIES - WCR, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
$a ara Kirkmeyer, C air
Weld County Clerk to the Board
Sean P. Co a ro-Tem
BY: ���
Deputy Clef' to the Board �" \� ' 2Y a rt .(
. Garcia
r
APPROVtD AS r M: � y .
!)
vid E. Long
CountyAttorney
Douglas Radema er
Date of signature: \ 1 l I l
2011-2834
PL1614
t‘i014 MEMORANDUM
eTO: Board of County Commissioners
O
COLORADO DATE: October 21, 2011
FROM: Kim Ogle, Planning Services
SUBJECT: Request to withdraw approved Site Specific Development
Plan and Special Review Permit# 1347
The Department of Planning Services received a letter dated September 22, 2011 from Mike Refer
of Aggregate Industries WCR, applicant,for a previously approved Site Specific Development Plan
and Special Review Permit number USR-1347 for an Open Pit Gravel Mining Operation and
Concrete and Asphalt Batch Plant in the Agricultural Zone District. This permit was approved on
September 11, 2002, Resolution No. 2002-1710.
Mr. Refer indicates that the Division of Mineral s and Geology Permit is no longer active for this
property and the site is not being utilized as permitted.
The Department of Planning Services requests support in the applicant's request to withdraw the
previously approved permit, USR-1347 in favor of Aggregate industries, WCR.
2011-2834
pLrwq
Kim Ogle
From: Connie.Davis@aggregate-us.com
Sent: Thursday, October 20, 2011 3:10 PM
To: Kim Ogle
Subject: USR 1347 - Kurtz Ranch Withdrawal
Attachments: 020919 Kurtz_Application Withdrawal Itr-DRMS.pdf; 111020_Kurtz_DRMS Permit Status
Listing.pdf
Hi Kim - attached is a copy of the letter you provided for Aggregate Industries to sign to request withdrawal of USR 1347 -
Kurtz Ranch special review application. We just printed this out on Aggregate Industries' letterhead and Mike Refer
signed. The letter provides for attachment of documentation that the use is no longer active on the property. The use
was never commenced, as Aggregate Industries withdrew its Division of Reclamation, Mining and Safety
mining/reclamation permit application. I also printed out a report from the DRMS website a list of all of Aggregate
Industries' DRMS permits in Weld County. The listing shows that the Kurtz Ranch application (M2001059--see second
page of listing) was withdrawn and that, based on the information contained in the Section/Township/Range columns
regarding the Kurtz location, no other application for the Kurtz Ranch site has been re-submitted. Please let me know if
you need anything else. Thanks -
Connie N. Davis, Land Advisor
Aggregate Industries -WCR, Inc.
Phone: (970) 396-5252
P. O. Box 337231, Greeley, CO 80633
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;; Banks and Gesso, LLC 720 Kipling St.,Suite117
Lakewood, Colorado 80215
RECEIVED (303)274-4277
SEP 2 02002 Fax(303) 274-8329
www.banksandgesso.com
September 19, 2002 Division of Minerals and Geology
Division of Minerals and Geology
Attn: Barb Chiappone
1313 Sherman Street, Room 215
Denver, CO 80203
- RE: Letter of Withdrawal -Application for 112 Permit-Aggregate Industries,WCR-
Kurtz Raych Sand and Gravel Mine
Barb:
On behalf of our client, Aggregates Industries, please allow this correspondence to serve
as a Letter of Withdrawal for the above referenced permit application, which has been in
your office for some time now. Aggregate Industries wishes to withdraw the application
in order to make amendments to the permit that have become necessary due to the
Weld County permitting process. Aggregate Industries will make the required alterations
and resubmit the application once those changes have been made. The resubmitted
application will have appropriate documents illustrating the Applicant's legal right to enter
the subject property for the purposes of mining and will be accompanied by a new check
for the application fee.
If you have any questions or comments regarding this Letter of Withdrawal, please feel
free to contact me at 303-274-4277.
Sincerely,o(
f
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Tug Main
Cc: File —Correspondence/Agency/DMG
Norm Roche, Aggregate Industries,WCR
Mining Operations Report Page 1 of 2
Colorado Division of Minerals & Geology Report Sorted By Operator 10/20/2011
You requested a report sorted by Operator/Permit
Number and based on.
County:
Operator Resort by County/Operator I Permit Number
Permit Number All Permit Numbers
Mine Name: All Mine Names
Permit Status: Any Permit Status
Commodity. Al)Commodities
perator Contact County
'ite Name Address Line 1 Permit Acreage
ermlt No. Permit issued Address Line 2 Mine Type,
Permit Type Pei mit Status City State Zip Code Annual F eel
T/OTiOT Section Township Range Prime Telephone Commodities Mined(USGS Required
Meridian Codes) Surety
ggregate Industres•WCR. Connie N Davis Weld
Inc
1 707 Cole Blvd.Ste. 100 712.00
Longmont DislelOperations 12/7/1990 SR
M1989029 wC Golden CO 80401-0000 $791.00
112c 8 2N 68W 06 (3031985-1070 SDG S1.483.800.0
SE/SW
ggregate Industries-WCR. Connie Davis Weld
Inc 1707 Cole Blvd..Ste. 100 190.00
tatte Valley Operation 7/16/1993, SR
1989120 AC Golden CO 80401-0000 $791.00
112c 30 1N 66W 06 (970)353-2005 SDG $754,732.00
N E/SW
ggregate Industries-WCR Connie Davis Weld
Inc 1707 Cole Blvd..Ste.100 26.20
amenishiLarson Pit 4/9/1990 SR
M1990007 AC Golden CO 80401-0000 $323 00
112c 10 2N 68W 06 (303)985-1070 SDG $48.000.06
W/SW/NW
ggregate Industries-WCR. Connie N Davis Weld
Inc 1707 Cole Blvd..Ste. 100 124 00
3rd Joint Venture 1/2611994 SR
M1992069 AC Golden CO 80401-0000 5791.00
112c 35 6N 66W 06 (3031985-1070 SDG $71.404 00
NE/SW
re ate Industries-WCR, Connie N Davis Weil,
gg g 1707 Cole Blvd..Ste.100 213.60
Inc SR
Longmont Operation 2/9/1996 Golden CO 80401-0000 $79t.0q
11994027 AC
112c 16 2N 68W 06 (303)985-1070 SDG $5.000.00
NE/NW ' ,ggregate Industries-WCR. Connie N Davis Weld
4Weld
Inc. 1707 Cole Blvd..Ste.100 96.00
SR
iverview Resources 711.1/2000 Golden CO 80401-0000 $791.60
1999098 AC
1120 32 6N 66W 06 (970)336-6526 SDG $155.480.00
/NW yd
ggregate Industries-WCR. Connie N Davis 160 d
roc 1707 Cole Blvd,Ste 100 SR
ewis Farm Sand and Gravel 1/29/2001 Golden CO 80401-0000 $791 00
Mine TR
M2000065 13 1N 67W 06 970)353.2005 SDG $5,000.00
112c
/SE Weld
ggregate industries-WCR.
Connie N Davis
Inc.
1707 Cole Blvd.Ste.100 69.90
SR1
8th Street Operation 5/3/2001 Golden CO 80401-0000 5791.00
2000082 AC
1120 4 5N 65W 06 (970)336-6526 SDG $226.000 00
NE/SW
ggregate Industries-WCR. Connie N Davis 442 Weld
ill.
1707 Cole Blvd..Ste.100 SR
iliiken Resource 1.1212001 79 nnrr��
2(100087 $ 1
AC Golden CO 80401-0000 0 1
Fitt n•:'mininr. .t,it,'rr, nchlNt•ratr.rrihirentlrt n 10/20/2011
Mining Operations Report Page 2 of_'
112c 8 4N 66W 06 (303)985-1070 SDG AU S 1 000 00
/NW/SW
Aggregate Industries•WCR. Patrick Ward Weld
Inc 1707 Cole Blvd..Ste 100 420.80
Wittenberg Lakes SR
M2001008 WD Golden CO 80401.3220 5668.00
112c 25 1N 67W 06 (303)985-1070 AGGR $3.617.200.00
//SE
Aggregate Industries-WCR Mary F White Weld
Inc 6401 Golden Triangle Dr N/A
--� Kurtz Ranch Sand and Gravel Suite 400 NIA,
Mine WD Ni/Ai
M2001059 21 3N 67W 06 Greenbelt MD 20770-0770 SDG
112c
(301)982-1400
/'SW
w .
Aggregate Industries-WCR Connie N Davis Weld
Inc 1707 Cole Blvd.Ste 100 421 00
Wattenberg Lakes 2/10/2005 SR
M2004051 AC Golden CO 80401-0000 S791.00
1120 25 1N 67W 06 (303)985-1070 AGGR $520.000.00
(SE -
Return
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1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17'"Ave
Greeley, CO 80631
W E L DEC O U N T Y kogle@co.weld.co.us
1..� PHONE: (970) 353-6100, Ext. 3540
FAX: (9(970)) 304-6498
September 22, 2011
Mike Refer
Aggregate Industries
West Central Region
1707 Cole Blvd., Suite 100
Golden, CO 80401
Certified Mail: 7008 0500 0000 5617 1835
Subject: 2nd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to
Recording the Plat for Use by Special Review 1347.
Dear Mike:
The Planning Department is working through our historical case files in an effort to resolve
unrecorded and outstanding land use permits. You are receiving this letter because you have
applied for a Use by Special Review (USR) permit with Weld County but have never followed
through the steps to complete the process. You should have received another letter from me on
July 28, 2011 concerning the same topic.
On September 11, 2002 your application for a Use by Special Review, USR-1347, was
approved by the Weld County Board of County Commissioners with specific Conditions of
Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has
not been recorded with Weld County Clerk and Recorder.
One of the required Conditions of Approval in the resolution grants the applicants sixty (60) days
to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution
have been completed. Should you choose not to complete the Use by Special Review process
and provide the required Mylar Plat, the Department of Planning Services requests written
notification of your decision to withdraw the application and that the use is not active on the
property.
If you are unable to meet the Conditions of Approval and record the plat by January 16, 2012 an
initial hearing is scheduled with the Board of County Commissioners. The hearing will take
place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on
dal/- a83L/
Puiply
U.S. Postal Service TM
CERTIFIED MAIL.M RECEIPT
"1 (Domestic Mall Only;No Insurance Coverage Provided)
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September 22, 2011
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Certified Fee
Postmark
Department of Planning Services a Return Receipt Fee - Here
Attn: Kim Ogle ID (Endorsement Required)
Restricted Delivery Fee
1555 N. 17th Avenue (Endorsement Required)
Greeley, CO 80631 in Total Postage&Fees $
0
Subject: Use by Special Review 1347 Sent To
E3 Street.Apt No.; CW D�
a to or PO Box No. nen r� •
`City,Slate,ZIP+ W
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Dear Mr. Ogle
We wish to withdraw our Use by Special Review 1347 Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete Items 1.2,end 3.Also complete A. S ature �A n
item 4 if Restricted Delivery Is desired. nn pp nn •gAgent
• Print your name and address on the reverse (10 a-/p O Addressee
so that we can return the card to you. e. Received by(Printed Name) C. Date of Delivery
• Attach this cardif to the back it the mal EeC E
or on the front space permits. KRE f� '
1. Article Addressed to: D. ddrees different from Item 1? Yes
If YES,enter dot,c address below: O No
MI L ?facial- SEP 2 2011 ''854
A4047.4064. fu eld County i..g Department
t2ff�Iw EELE) OFFICE
1101 Wc4 451M9 1tG' Ito3. Service Type .. ..
(76 �y- 1 r 'certified Mall O Express Mall
V�I N i Registered O Return Receipt for Merchandise
)
O Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7008 0500 0000 5617 1835
(Transfer from seMce MOO
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
RECEIVED
AUG 052011
Weld County Phoning Department
GREELEY OFFICE
August 3, 2011
Mr. Kim Ogle
Weld County Planning Services
1555 N. 17°i Avenue AGGREGATE
Greeley, CO 80631
INDUSTRIES
Re: Use by Special Review USR-1347- Kurtz Ranch - Conditions of Approval
Dear Kim:
In response to your letter of July 28, 2011 regarding the above-referenced Use by Special Review, please
be advised that Aggregate Industries intends to complete the process to finalize the use with Weld
County. Aggregate Industries in fact attempted to finalize the conditions of approval in 2007 and has
never received a response to final communications with the Planning Department late that year.
In 2007 responses were submitted to Planner Michelle Martin on January 8, May 17 and November 14,
and responses relative to conditions requiring Weld County Health Department review were submitted to
Char Davis on May 16 and June 22. I also met with Michelle Martin and Char Davis on various
occasions. The last response to the Planning Department, including a second round of plats that had been
revised in accordance with Michelle's requests was submitted November 14, 2007. Following that
submittal, I met with Michelle on or about December 7, 2007. At that time, Michelle seemed unsure
about whether or not certain items had been addressed appropriately and also was asking for additional
items or changes that had not previously been requested, and in some cases seemed to exceed the
requirements of the conditions of approval. At that point, I requested that she put in writing what her
concerns and requirements were, as her review and comments to date regarding previous submittals had
only been communicated during verbal discussions and not documented. I also requested an opportunity
to perhaps discuss the matter with the Director of Planning. Michelle indicated that she would have a
conversation with the Director and get back to me. As indicated in the opening of this letter, Aggregate
Industries has not received any further communication regarding the matter of the November 17, 2007
submittals and subsequent discussion.
I am enclosing a copy of Aggregate Industries' November 17,2007 letter for your review and would be
happy to meet with you to discuss. I can be reached at(970) 396-5252 or by e-mail to
connie.davis(ae_regate-us.com.
Very truly yours,
7s�-noua 49 eea'
Connie N. Davis
Land Advisor
Enclosure
Aggregate Industries
West Central Region, Inc.
1707 Cole Blvd., Suite 100
Golden, CO 80401
Telephone:303-985-1070 An Equal Opportunity Employer
November 14,2007
Michelle Martin S.
Weld County Dept.of Planning Services
4209 CR 24 %2 AGGREGATE
Longmont,CO 80504
INDUSTRIES
Subject: USR-1347-Kurtz Ranch,Aggregate Industries-WCR,Inc.
Response to Conditions of Approval;Plat Submittal
Dear Michelle:
On June 29,2007 you and I met to review and discuss Aggregate Industries'(AI)responses to conditions
of approval and draft plats for the above-referenced USR as submitted by Al in its letter to the Planning
Department dated May 17,2007. That letter also included a copy of a letter to Char Davis of the Weld
County Health Department,dated May 16,2007,which addressed conditions of approval requiring Health
Department review.
During our meeting you indicated that the following conditions have been satisfied:
1. Development Standards as set forth in the Resolution have been placed on Sheet 1 of the plat.
2.A. Colorado Division of Wildlife(CDOW)concerns have been addressed. You did ask,however,
that I review the original Preble's Meadow Jumping Mouse Survey Report to determine if an
omission of reference to Section 20 was a"typo"in U.S. Fish and Wildlife's October 14, 1999
concurrence letter that Prebles'meadow jumping mouse is not likely to be present within the
subject area. I reviewed the original report upon which USFWS issued its concurrence and that
report coven both Sections 20 and 21 and includes a site map upon which the Preble's trapline
was delineated in both Sections 20 and 21.
2.C. Discharge points to the St.Vrain River are delineated on Sheet 3 of the plat.
2.G. A dust abatement plan was submitted to and approved by the Weld County Health Department.
2.I. A Colorado Discharge Permit System(CDPS)Permit has been obtained from the Water Quality
Control Division of the Colorado Department of Public Health and Environment.(CDPHE)and a
copy of the permit has been submitted to the Weld County Health Department.
2.J. Documents and information relative to a Waste Handling Plan were submitted to the
Environmental Services Division of the Weld County Department of Public Health and
Environment and deemed to have met the requirements of this condition.
Aggregate Industries Connie N.Davis,Land Resources
West Central Region,Inc P.O.Bei 337231,Greeley,CO 80633
1707 Cole Blvd., Suite 100 Phone: (970)336-6526
Golden,CO 80401 Fin: (970)378.6856
Telephone:303-985-1070 An Equal Opportunity Employer
Michelle Martin,Weld County Dept.of Planning Services
November 13,2007
Page 2 of 5 AGGREGATE
INDUSTRIES
2.N. Prohibits the use of"fake brakes"within one mile of the mine entrance. AI committed to this and
the prohibition has been added as a plat note on Sheet 1.
2.P. You requested that Al provide written commitment to the groundwater monitoring and mitigation
program as set forth in the Resolution in satisfaction of this condition. Such written commitment
was previously included in Al's letters to the Planning Department dated January 8,2007 and
May 17,2007 and Al hereby re-affirms that commitment,including the commitment to install
monitoring wells and commence pre-mining monitoring a minimum of twenty-four(24)months
prior to mining.
Transmitted with this letter is a second draft USR plat. This draft incorporates the changes you requested
when we met and reviewed the previous draft on June 29,2007,as follows:
Sheet 1 —Renamed"Vicinity Map and Development Standards"
•Sheet Description(list)
o Sheet 1 description has been renamed Vicinity Map and Development Standards
o Sheet 2 description has been renamed Existing Conditions
o Index Map has been re-labeled as"Vicinity Map"
•Legal Description—the full legal description from the mining lease has been placed on the plat
•Plat Notes
o The plat note regarding groundwater monitoring(previously Note#1)has been removed.
You advised that Al should rather state in a letter its commitment to the groundwater
monitoring requirements. This commitment was stated in our letters of January 8,2007 and
May 17,2007 in response to Condition 2.P.and such commitment is hereby re-affirmed.
o The other plat notes have not been changed from what was submitted on the last draft. You
had questions regarding the introductory paragraph and Notes 2 and 3(now Notes I and 2).
Please see detail for Conditions 2.F.,2.H.,2.K and 2.M.below.
Sheet 2—Renamed"Existing Conditions Map"
•Water well owners within 600 feet,as contained in the original submittal,have been placed on the
plat.
Sheet 3 —Plot/Extraction Plan Map
•The property boundary line has been bolded.
•The berms along Highway 66 are confirmed as being outside the 50-foot CDOT right-of-way.
Sheet 4—Reclamation Plan Map
•The property boundary line has been bolded.
•Arrows and a note have been added to the plat to identify the 50-foot CDOT right-of-way.
•Note 3 has been revised to read as originally contained on plat dated July 15,2002.
Conditions for which you required additional response are as follows:
2.E. Landscape and buffer plan. Al previously responded that landscaping and buffering has been
incorporated into the mining and reclamation plans as set forth in Exhibits D and E of the
CMLRB application package and submitted with the County USR application. As noted in the
Michelle Martin,Weld County Dept.of Planning Services
November 13,2007
Page 3 of s AGGREGATE
INDUSTRIES
USR permit application,topsoil that will be salvaged for reclamation will be placed along the
south and eastern property boundaries,and adequately seeded to prevent wind and water erosion.
These locations for topsoil stockpiles will also provide a noise and visual berm to mitigate the
temporary impacts of mining activity to surrounding properties and adjacent road rights-of-way.
The general location of these berms has been added to the plat maps. It should also be noted that
the majority of the mining activity takes place below grade which provides additional visual and
noise buffering.
During our meeting on June 29 you indicated that you would like to see more berms along
Highway 66 and along the east boundary. There are a number of reasons why berms can
not be placed in these areas. The Town of Firestone has an easement along the east
boundary for a 15-foot wide temporary bike trail during mining. A gas line lies between the
bike path and the east property boundary adjacent to the processing area and berms cannot
be placed on top of a gas line. There remains,then,insufficient room for a berm along this
portion of the east boundary.
The additional berms requested along Highway 66 would be in the flood plain and,as they
would be perpendicular to the river,may result in blocked flood flows. Also,there are
existing wetlands along that boundary that are to be protected,which further limits
placement of berms in this area.
2.0. Requires an attempt to address requirements of the Platteville Fire Protection District. While you
and AI have agreed that a referral letter from the Platteville Fire Protection District does
not exist and there are no referral comments to which AI can respond,you requested that
AI attempt to meet with and discuss the plans with them. I have met with and provided a
copy of the plats to Russ Rimier with the Platteville Fire Department and he indicates that
he will respond to you.
As previously noted in our letters of January 8,2007 and May 17,2007 to the Planning Department and
the May 16,2007 letter to the Health Department,the following conditions are statements or information
pertaining to operational requirements,and as Al does not have immediate plans to construct or operate
its aggregate processing,asphalt and concrete batch plants,we have requested that Al's commitment to
these conditions be accepted in satisfaction of the pre-recording requirement for such conditions. I have
re-iterated the previous responses followed by a note regarding the status as of our June 29 meeting.
2.F. Requires submittal of an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit
Application to the Colorado Department of Health and Environment,Air Pollution Control
Division,for emissions of criteria,hazardous or odorous air pollutants and that evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. As noted
above,the use under USR-1347 will commence with the installation of groundwater monitoring
wells and the only activity expected to occur on this site during the initial years will be the
monitoring of the wells. Al proposes to stipulate to this condition as a plat note and commits to
submitting the appropriate APEN and Emissions Permit Application prior to any regulated
activity requiring such ADEN and Emissions Permit. This commitment is in line with AI's
Environmental Management System.
Michelle Martin,Weld County Dept.of Planning Services 4
November 13.2007 AGGREGATE
Page 4of5
INDUSTRIES
Aspects of Al's operations that have a potential to affect the environment are managed through an
Environmental Management System(EMS)comprised of various corporate and site procedures.
The EMS was implemented in M's US operations in 2003 as one of the tools necessary to obtain
certification under ISO 140001,which deals with standardization in the field of environmental
management tools and systems for countries across the world to follow. ISO Certification takes
place when a third party audits the system according to ISO Standards.
Successful implementation of the EMS has resulted in AI obtaining ISO 14001 certifications at
all of its operations within Colorado,and all new sites are also required to obtain such
certification. This is a proactive approach taken by Aggregate Industries,whose U.S.operations
are the first in the nation to obtain such status in the construction materials industry.
EMS Corporate Procedure 23,a copy of which is enclosed,requires that appropriate regulatory
permits and plans to enable the operation to take place shall be secured by the company and that
the company EMS is implemented prior to the operation of the site. This includes ensuring that
sites have the appropriate air permits and plans to operate,as set forth in Corporate Procedure 19,
a copy of which is also enclosed. (Enclosures referenced were submitted with original response.)
I believe that you indicated that you would discuss the proposed stipulation to this condition
as a plat note with Char Davis. I also asked our Environmental Manager,Jamie Gaboriau
to contact you or Char regarding this matter. If neither of you has been contacted,please
let me know,or you can call her at(303)716-5304.
2.H. Requires an Individual Sewage Disposal System for the proposed aggregate processing plant,
asphalt plant and the concrete plant. AI proposes to stipulate to this condition as a plat note and
obtain an ISDS permit from Weld County and construct the system at such time as the aggregate,
asphalt and concrete plants are re-located to the USR-1347 Kurtz Ranch site.
Char Davis indicated that she could support this in satisfaction of the pre-recording
requirement if acceptable to the Planning Department and I believe that you advised during
our June 29 meeting that you would be meeting with Char to discuss.
21. Requires proof of an adequate water supply. AI intends to use bottled water until such time as
asphalt and concrete batch plants are constructed and proposes to stipulate to this condition as a
plat note and to provide a permanent adequate water supply in conjunction with obtaining
building permits for such facilities.
Char Davis indicated that she could support this in satisfaction of the pre-recording
requirement if acceptable to the Planning Department and I believe that you advised during
our June 29 meeting that you would be meeting with Char to discuss.
2.M. Requires written evidence of approval from the Division of Water Resources for the Water
Supply Plan for this site. AI responded to this condition in the above-referenced letters as
follows:
In an aggregate mining operation this requirement is typically associated with approval of a
Temporary Substitute Water Supply Plan(SWSP)to replace water depletions caused by the
Michelle Martin,Weld County Dept.of Planning Services
November 13,2007
Page 5 of 5 AGGREGATE
INDUSTRIES
operation. AI covers depletions caused by gravel mining operations at multiple mine sites
operated by AI through a basin wide SWSP approved by the Division of Water Resources. The
plan provides for replacements for depletions resulting from current and past mining. The Kurtz
Ranch operation will be incorporated into Al' SWSP with replacements for depletions associated
with the current operations at Longmont Distel and Tull Farm being transferred to Kurtz Ranch
operations. AI therefore proposes that its current SWSP be accepted in satisfaction of Condition
2.M for the purposes of recording the plats for USR-1347.
When I met with you on June 29 you advised that you were going to review the letter from
the State Engineers Office and give this your consideration.
Finally,with regard to Condition 22.,which requires a Flood Hazard Development permit, I have
obtained bids for this work and have been advised that an application can be completed within four to six
weeks. Upon finalization of the plats with the County,we will proceed with the permit application.
I believe that it would be beneficial to schedule a meeting to go over these responses and the enclosed
plats together. Please call me at(970)336-6526 when you have had a chance to review this letter.
Very truly yours,
tp* i3 '
Connie N. Davis
Land Resources Assistant
Enclosures
cc: Paul Banks,Banks and Gesso,LLC
Aggregate Industries-WCR,Inc.—File
118861 - 201 1
, _� DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
J •` Greeley, CO 80631
W E L DEC O U N T Y kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
July 28, 2011
Mike Refer
Aggregate Industries
West Central Region
1707 Cole Blvd, Suite 100
Golden, CO 80401
Certified Mail: 7010 1870 0000 4773 6263
Subject: Conditions of Approval - Use by Special Review USR-1347
Dear Mike:
On September 11, 2002 your application for a Use by Special Review, USR-1347, was approved by the
Weld County Board of County Commissioners with specific Conditions of Approval.
One of the required Conditions of Approval in the resolution grants the applicants sixty (60) days to
submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been
completed. Should you choose not to complete the Use by Special Review process and provide the
required Mylar Plat, the Department of Planning Services requests written notification of your decision to
withdraw the application and that the use is not active on the property.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of
Approval normally associated with land use cases, and is willing to work with you in completing your
request. Please notify the Department of Planning Services, in writing, within 10 working days of your
decision to complete the Use by Special Review within the next 60 days or withdraw the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Kim Ogle, 1555 North 17th Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Ki le
Plan r III
pc: case file
Aggregate Industries U.S. Postal Service.,
West Central Region CERTIFIED MAIL. RECEIPT
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1707 Cole Blvd, Suite 100 -a
(Domestic Mail Only;No Insurance Coverage Provided)
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Department of Planning Services rl
1555 North 17th Avenue o Sent To
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Subject: Use by Special Review, USR-1347 City,State,Z/Pa4 f!
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PS Form 3800.Auqust 2006 Sec Reverse torMob ucnons
Dear Kim Ogle:
I (We) wish to withdraw our Use by Special Review, USR-1347, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SENDER: COMPLETE THIS SECTION COMPLETE TNIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
Item 4 if Restricted Delivery is desired. �r '1 s O Agent
• Print your name and address on the reverse '��'T-'`�^—� ❑Addressee
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2. Article Number 7010 1870 0000 4773 6263
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540
•
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DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 17' Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
ape.
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
August 24, 2010
Mike Reefer
Aggregate Industries
West Central Region, Inc.
2605 South Teller Street
Lakewood, Colorado 80235
Subject: Use by Special Review# 1347
Dear Mr. Reefer:
The Department of Planning Services is contacting you regarding the approval of Use by Special
Review# 1347 through action of the Weld County Board of County Commissioners on July 17,
2002. This land use permit was conditionally approved pending action by the applicant of
record.
Review of the case file finds limited activity after the July 17, 2002 public hearing. It is important
to state that Section 23-2-200.E provides timelines for completing the requirements associated
with this case. For reference, the citation is as follows:
"If the Use by Special Review has not commenced within three (3) years 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 this Section in order to reestablish any Use by Special
Review."
At the Commissioners hearing, by agreement to the Conditions of Approval, you stated
that 60 days to record the Use by Special Review# 1347 plat was acceptable. The date
for providing the required documents and submitting the Improvement Agreement,
Collateral and recording the plat has passed.
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Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1,
2005, should the plat not be recorded within the required thirty(30) days from the date the Board of
County Commissioners Resolution was approved a $50.00 recording continuance charge may be
added for each additional 3 month period.
The Department of Planning Services is aware of the difficulty and associated delays in meeting
the Conditions of Approval normally associated with land use cases; and this office is willing to
work with you. At this juncture, this office is requesting a letter from you indicating that the
project has not been abandoned and that it is the intention of Aggregate Industries as applicant,
to complete this project, addressing and meeting all of the conditions of approval in a timely
manner. Should a written response on letterhead not be received by September 10, 2010, this
office will take the appropriate action.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
Sin ly,
le
Planning Services
pc: S.Arries,Attorney's Office
Planning Correspondence
File: Use by Special Review#1347
A
• •
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1347 FOR AN OPEN - ' VEL MINING OPERATION AND CONCRETE
AND ASPHALT BATCH PLANT I' HE AGRICULTURAL) ZONE DISTRICT -
AGGREGATE INDUSTRIES ST CENT• £ L REGION
WHEREAS, the B : of County Co ssioners of Weld County, Colorado, pursuant to
Colorado statute and the el. .. .me Rule Charter, is vested with the authority of
administering the aL• of eld County, Colorado, and
WHER , the Bo- d of County Commissioners held a public hearing on the 17th day
of July, 2002 -t the hour .f 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Aggr:.ate Ind •- West Central Region, 3605 South Teller Street,
Lakewood, Colorado .0235, • . Banks :nd Gesso, LLC, 720 Kipling Street, Suite 117,
Lakewood, Colora• . 8021 for a to pecific Development Plan and Use by Special Review
Permit#1347 fo •n Ope Pit Gravel Mining Operation and Concrete and Asphalt Batch Plant in
the A (Agricult al) Zone District on the f • described real estate, to-wit:
Part . the W1/2 of ection 1, and part of the
SE1/4 1/4 of Secti n 20, all in Township 3
North, Ran e 67 West f the 6th P.M., Weld
County, Col do
WHEREAS, at the request of the app ' ant, the Board deemeti it advisable to continue
Use by Special Review Permit#1347 to W nesday, July 31, 2002, at 10:00 a.m. to allow a
hearing before a full quorum of the Board, nd
WHEREAS, at said hearing on July 31, 002, the and deemed it advisable to continue
Use by Special Review Permit#1347 to Wednesday, S tember 11, 2002, at 10:00 a.m. to
allow the applicant additional time to attempt to com o an agr • the surrounding
property owners regarding water mitigation, and
WHEREAS, at said hearing on September 11, 2002, said appli nt was represented
Paul Banks, Banks and Gesso, LLC, and
WHEREAS, Section 23-2-230 of the Weld County Code ovi.- standar for eview
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all o e testimo :nd
statements of those present, studied the request of the applicant and th- -co endations of
the Weld County Planning Commission and all of the exhibits and evidence p - -nted 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.
2002-1710
PL1614
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