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Home My WebLink About20111321.tiff INVENTORY OF ITEMS FOR CONSIDERATION R.M. Hiner Construction, Inc., appl%cav,.t case rvuw,.ber AmUSR-1075 c/o Jim Arnold, 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 Deed/ Easement Certificate Surrounding Property/Mineral Owners Utilities 3 Referral List X Referrals without comment v West Greeley Soil Conservation Service, referral dated 3-14-2011 Gregeleyy-W-�eld_County Airport, referral dat d3-1.6-2011 v woon; , ,TL1Zoft r riArnphanLCitkRGftI i41Il u, Union Colony Fire Protection District, referral dated 3-24-2011 4 Referrals with comments X v US Army Corps of Engineers, referral dated 3-10-2011 - - 11 17 State of Colorado Geologic Survey referral dated April 5, 2011 Weld County Department of Public Works, referral dated 4-6-2011 ;/ Weld County Department of Building Inspection, referral dated 4-8-2011 ✓ Weld County Department of Public Health and Environment, referral dated 4-11-2011 State of Colorado Division of Reclamation Mining and Safety, referral dated 4?-2011 �(.° v City of Greeley, referral dated April-2372011 It 2011-1321 '- `_)&Yzq' 6 PC Exhibits kevebuj cevtL-fu that the & Ltevu`s Edewtified 'neveLt were subvvdtted to the mega rtvwewt of PLav v Lvuoj sewLaes at or P vLor to the so edvLed PLPLavtvti.frtg Cow,vuissLovuers heavivts. Kivw ❑ PLaA,A,er • 1 8 6 1 - 2 0 1 I LAND USE APPLICATION SUMMARY SHEET WELD. .,eOUNTY Case Number: AmUSR-1075 Hearing Date: May 3, 2011 Applicant: R.M. Hiner Construction Inc., 11 Austin Road, Lamar, CO 81052 c/o Jim Arnold, 1810 84t Avenue Court, Greeley, CO 80634 Request: A Site Specific Development Plan and an Amended Use by Special Review Permit for Open Pit Mining and Materials Processing (sand, gravel and stone); an Asphalt and Concrete Batch Plant; an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A (Agricultural)Zone District. Legal Description: E2NE4 of Section 36, T6N, R66W and the South 120 acres of the NW4 of Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado • Location: South of and adjacent to County Road 64 "O" Street, East of and adjacent to 25th Avenue Size of Parcel: +/- 160 acres Parcel No.: 0803-31-2-00-009 and 0805-36-1-00-009 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: ▪ West Greeley Soil Conservation Service, referral dated 3-14-2011 ▪ Greeley-Weld County Airport, referral dated 3-16-2011 ▪ Union Colony Fire Protection District, referral dated 3-24-2011 The Department of Planning Services' staff has received responses from the following agencies with comment: ▪ US Army Corps of Engineers, referral dated 3-10-2011 ▪ Weld County Zoning Compliance, referral dated 3-14-2011 ■ State of Colorado Geologic Survey referral dated April 5, 2011 • Weld County Department of Public Works, referral dated 4-6-2011 ▪ Weld County Department of Building Inspection, referral dated 4-8-2011 ▪ Weld County Department of Public Health and Environment, referral dated 4-11-2011 ▪ City of Greeley, referral dated April 23, 2011 ■ State of Colorado Division of Reclamation Mining and Safety, referral dated 4-22-2011 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Kerr-McGee/Anadarko ▪ Weld County Ambulance Services EXHIBIT • Weld County Sheriff's Office I ■ Federal Emergency Management Agency a 2011-1321 • Colorado Division of Wildlife 1861 -2011 SPECIAL REVIEW PERMIT w E Lo N T Y ADMINISTRATIVE REVIEW Planner: Kim Ogle Case Number: AmUSR-1075 Hearing Date: May 3, 2011 Applicant: R.M. Hiner Construction Inc., 11 Austin Road, Lamar, CO 81052 c/o Jim Arnold, 1810 84'I Avenue Court, Greeley, CO 80634 Request: A Site Specific Development Plan and an Amended Use by Special Review Permit for Open Pit Mining and Materials Processing (sand, gravel and stone); an Asphalt and Concrete Batch Plant; an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A (Agricultural)Zone District. Legal Description: E2NE4 of Section 36, T6N, R66W and the South 120 acres of the NW4 of Section • 31, T6N, R65W of the 6th P.M.,Weld County, Colorado Location: South of and adjacent to County Road 64 "O" Street, East of and adjacent to 25th Avenue Size of Parcel: +/- 160 acres Parcel No.: 0803-31-2-00-009 and 0805-36-1-00-009 Narrative: The original Special Use Permit, USR-1075, was approved by the Board of County Commissioners on April 12, 1995 for a concrete and asphalt batch plant, an oil field construction business and a recreational facility in the Agricultural Zone district as submitted in the application materials. The narrative for this amendment seeks to amend the existing permit, increasing the current number of recreational camping sites form six (6) to thirty-eight (38); add additional outdoor storage for construction equipment and recreational vehicles—trailers, boats and trailers and enclosed trailers; and aggregate mining operations. All other components of the site remain constant. 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 ordinance in effect. • Section 22-2-20.8.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial • uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site is located in the Cache La Poudre Floodway and Floodplain and has been an ongoing operation for mineral resource development, oil and gas support and service and a recreation facility since April 12, 1995. Section 22-5-80.B (CM.Goal 2)states, "Promote the reasonable and orderly development of mineral resources."According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the Northern part of the property is classified as F-1 (Floodplain and Valley- Fill Deposits — relatively clean and sound) and T-1 (Stream Terrace Deposits -- relatively clean and sound). Section 22-5-80.O.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." The Department of Reclamation Mining and Safety referral dated April 22, 2011 states "The proposed changes to the Site Specific Development Plan and an Amended Use by Special Review Permit do not conflict with the Division's interests, however, any changes made to the Mining and Reclamation Plan must be approved by the Division through a Technical Revision. The changes would include the addition of an asphalt and concrete batch plant, relocation of existing gas lines/ wells, reconfiguration of the ponds, and the addition of campsites and boat ramps around the north pond." CM.Policy 4.1.5. Require, where possible, that batch plants and processing equipment be buffered from adjacent uses. The processing area including, mineral resource stockpiles and the concrete and asphalt • batch plant is located in the middle of the property near an existing tank battery associated with Kerr McGee Gathering on the North side of the River. This area is within the Floodplain as defined by the Firm Community Panel Map 080266 0628C dated September 2, 1982 and the City of Greeley - US Army Corps of Engineers Cache la Poudre study dated 2003. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone Districts. 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 a Concrete and Asphalt Batch Plant facility; and Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review and Section 23-3-40.N of the Weld County Code allows for a Site Specific Development Plan and Special Review Permit for a private commercial recreational facility (water skiing late and unimproved campsite for water skiing members) along with commercial hunting (hunting on a fee basis) 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. There is an existing metal skinned building on the property. The surrounding properties are as follows: To the north is the North Weld County Business Park within the City of Greeley municipal limits. At this location in the business park from west to east, is vacant land, the Department of Human Services, the North Jail Complex, the Sheriffs Administration Office, the Environmental Health Building. On the lower elevation adjacent to the Private Road are the Weld County-City of Greeley Records Department and the Weld County Health Clinic. Land to the east of the site is utilized for Weld County Public Works; Lands to the south include the Cache La Poudre River, Bucklen Equipment Company and Weld County Public Works • Department. Lands to the West include the Espanola subdivision north of the River and the former maintenance shop for the Flatirons Company to the South. 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 property is not located within an Intergovernmental Agreement Area and is within the 3-mile referral area for the City of Greeley. The City of Greeley did not return a referral indicating a conflict with their interests. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area, and the Capital Expansion Impact Fee Area. 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) 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. (Ordinance 2005-8, Section 5-8-40) 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 U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils on this property as "Irrigated Land Not Prime". There is no irrigation water associated with the parcel, however, given the present mined condition, this U.S.D.A. Soils Mapdesignation may be faulty. A significant portion of the site consists of three (3) lakes with a non- mined component located in the south central part of the property. • F. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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 Services recommendation for approval is conditional upon the following: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled AmUSR-1075. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. The location of all oil and gas facilities shall be shown on the plat in addition to their setbacks. (Department of Planning Services) E. Revise the City of Greeley Corporate Limits to accurately reflect the annexed lands and road rights-of-way. (Department of Planning Services) F. North 23rd Avenue is within the City of Greeley's jurisdiction. 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. This road is maintained by the City of Greeley. (Department of Planning Services) G. Revise the floodplain labels on the site plan to reference the 2003 Army Corps of Engineers Cache La Poudre River Floodplain Study that has been accepted by FEMA. (Department of Public Works) 2. The applicant shall address the requirements/concerns of the US Army Corps of Engineers as addressed in their referral dated March 10, 2011. Written evidence that the applicant acknowledges the Corps comments shall be provided to the Department of Planning Services. (US Army Corps of Engineers) 3. The applicant shall address the requirements/concerns of the Weld County Department of Public Works as addressed in their referral dated April 6, 2011. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (Weld County Department of Public Works) 4. The applicant shall address how the proposed USR recreational activities are compatible with the active mining and Mine Safety Health Administration (MSHA) regulations. MSHA regulations require that people entering a working mine site be equipped with the proper personal protective equipment such as steel toed boots, safety glasses, hardhats, and safety vests. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (Weld County Department of Public Works) 5. The applicant shall address the concerns raised in the Zoning Compliance referral dated march 14, 2011 specific to active building permit violations. Written evidence that the applicant acknowledges the comments, and has resolved the Building Department Compliance violations shall be provided to the Department of Planning Services. (Department of Building and Zoning Compliance) 6. The applicant shall address the requirements/concerns of the Division of Mining Reclamation Safety (DRMS) as addressed in their referral dated April 22, 2011. Written evidence that these concerns have been addressed, and or approved by the DRMS shall be provided to the Department of Planning Services. (DRMS) 7. The applicant shall address the requirements/concerns of the Weld County Department of Public Health and Environment as addressed in their referral dated April 11, 2011, including: A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. B. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. C. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area(s) 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. D. In the event the applicant intends to utilize the existing septic system at the home, for • employee use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found • to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. F. In accordance with the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations, G. The Division requires that an odor abatement and response plan be submitted prior to operation of the facility. This plan shall be implemented at the request of the health department in the event that odor levels detected off site of the facility meet or exceed the odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented in the event that the Health Department receives a significant number of odor complaints and in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. H. The applicant shall submit documentation from North Weld County Water District indicating that the existing tap is sufficient for the commercial operations. The applicant shall submit a noise abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & • Environment. J. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. (Weld County Department of Public Health and Environment) 8. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) 9. The applicant shall address the requirements/concerns of the City of Greeley as addressed in their referral dated April 23, 2011. Written evidence that the applicant acknowledges the City's comments shall be provided to the Department of Planning Services. (City of Greeley) 10. Upon completion of 1 - 9 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 11. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, 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) 12. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter(8co.weld.co.us (Department of Planning Services) 13. The Special Review activity shall not occur nor shall any building or electrical 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) • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rex Hiner Construction, Inc., do Jim Arnold AmUSR-1075 1. A Site Specific Development Plan and an Amended Use by Special Review Permit for Open Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant, for an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A (Agricultural)Zone District 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 approved "waste handling plan", at all times. (Department of Public Health and Environment) 7. Any vehicle washing area(s) 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) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the light industrial zone district of 70 db(A). (Department of Public Health and Environment) 10. Adequate drinking, handwashing and toilet facilities shall be provided for employees, drivers and patrons of the facility at all times. (Department of Public Health and Environment) 11. 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) • 12. Portable toilets will be allowed for the recreational area. Records of maintenance and proper disposal shall be retained on a seasonal basis. (Department of Public Health and Environment) 13. Recreational Vehicle (RV) units that have self-contained sewage disposal, shall dispose of sewage at an approved off-site facility. (Department of Public Health and Environment) • 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (North Weld County Water District). (Department of Public Health and 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 and Environment) 16. All pesticides, fertilizer, and other potentially hazardous chemicals must be 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 and Environment) 17. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 18. 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 and Environment) 19. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil and Gas Conservation Commission. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. (Department of Public Health and Environment) 21. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Public Health and Environment) 22. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of Public Health and Environment) 23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 24. The applicant should be made aware that the lake water may not meet all water quality standards for natural swimming areas as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to periodically test the lake water. (Department of Public Health and Environment) 25. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and Permitting ( 5 CCR 1001-11) of the Colorado Air Quality Control Commission. (Department of Public Health and Environment) 26. Utilize the existing accesses to the site from North 23rd Ave. The access off of the County's privately maintained road is to be used for emergency and incidental access only. No new accesses will be granted. (Department of Public Works) • 27. There shall be no campsites or overnight parking located in the FEMA-mapped 100-year floodplain or in the floodway due to the hazardous nature of the floodplain and the potential for loss of life. (Department of Public Works) • 28. There shall be no campsites or overnight parking located between the Cache La Poudre River and the lakes due to the potential for riverbank erosion that occurs during a flooding event. (Department of Public Works) 29. Portable boat docks must be anchored per an engineered design. A flood hazard development permit(FHDP) must be obtained prior to the installation of the boat docks. (Department of Public Works) 30. There shall be no parking or staging of vehicles on County roads. (Department of Public Works) 31. An entrance located at the northeast corner of the site accesses to a private road owned and maintained by Weld County that serves the Weld County grader training course, Weld County gravel pits, Weld County offices, and the County jail. Due to mining safety and jail security issues, use of this road for access to the recreational lake and Hiner pit shall be limited to emergency responder access only, unless prior written notice is obtained from Weld County Government. (Department of Public Works) 32. If noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 33. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcel # 080531000063 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 • Maps #8082660-0628C dated September 28, 1982 and Map Panel #080266-1529E dated June 10, 2005, 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) 34. Future development occurring within the floodplain shall be in compliance with the floodplain codes in effect at that time. Future development activities located within the FEMA-mapped floodplain will have to obtain the appropriate flood hazard development permits. (Department of Public Works) 35. Prior to the vacation of the mining permit by DRMS, per FEMA's letter dated January 13, 2011; a letter of map revision shall be approved by FEMA showing the impact that the mining operation has had on the floodplain boundaries, floodway boundaries, and water surface elevations. (Department of Public Works) 36. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 37. 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) 38. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240,Weld County Code. 39. The property owner or operator shall be responsible for complying with the Operation Standards • of Section 23-2-250, Weld County Code. 40. Permits are required for all new proposed structures and existing structures which were installed without permits. An investigation fee shall be assessed on all structures which were installed without permits. (Department of Building Inspection) • 41. Building permits are required for buildings and structures which required permits before the beginning of construction. (Department of Building Inspection) 42. 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 Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 43. All building plans shall be submitted to the City of Greeley Fire Department for review and approval prior to issue of Building Permits. (Department of Planning Services) 44. All roads within the permitted area shall be all weather and maintained to allow for emergency responders safe and adequate access. (Department of Planning Services, City of Greeley Fire Department) 45. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 46. Hours of operation for the water skiers shall be from sunrise to sunset from April 1 through September 15th of any given year. (Department of Planning Services) S47. Hunting by members and their guests is allowed October 15 through February 15 of any given year. (Department of Planning Services) 48. 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 Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 49. 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) 50. The applicant shall utilize the existing access to the parcel from County Road 64 "O" Street, south on North 23rd Avenue into the site. (Department of Public Works) 51. Primary access drives shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 52. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Planning Services) 53. All boats, campers, temporary docks, shelters, portable fire pits, picnic tables, duck blinds, decoys, and similar recreational equipment owned by members and guests of the Hiner Lakes • Recreational Club shall be removed from premises or stored in an approved screened on-site storage area at end of each season. (Department of Planning Services) 54. Access to the Open Pit Mining and Materials Processing (sand, gravel and stone), Asphalt and Concrete Batch Plant, Oil Field Business, and private commercial recreational facility shall be • from North 23rd Avenue. No additional accesses are permitted. (Department of Planning Services) 55. Outdoor storage shall be restricted to the areas delineated on the approved AmUSR-1031Plat. (Department of Planning Services) 56. Any operation of the gravel pit and batch plants shall not obstruct the passage of the floodway and 100-year flood flows to the point that it has an adverse effect on others. This provision prohibits locating dikes and stockpiles in a manner which forces floodwaters to alter their normal course. (Department of Public Works) 57. Any storage on site shall be located outside of the floodway and 100-year floodplain or be securely anchored and adequately floodproofed in accordance with the FEMA and Weld County Flood Hazard Overlay District regulations. (Department of Public Works) 58. The Open Pit Mining and Materials Processing (sand, gravel and stone) including the Asphalt and Concrete Batch Plant component shall be in compliance with Section 23-4-290.B at all times. Further, all sand and gravel operations shall be conducted during the hours of daylight except in case of public or private emergency, or to make necessary repairs to equipment. This restriction does not apply to operation of administrative or executive offices or repair facilities located in the property. (Department of Planning Services) 59. The property shall be maintained in compliance with the Airport Overlay District at all time. (Department of Planning Services) 60. Erosion control and stabilization efforts shall be maintained along the shorelines of the lakes. (Department of Planning Services) • 61. All approved North Lake camp sites are restricted to the following: o Passenger Vehicle parking for campsite leases and their guests o One Recreational Vehicle (RV), Camper or Tent o One inboard motor boat with trailer for same o One enclosed storage shed permitted through the Building Department o One deck permitted through the Building Department o One horseshoe pit o One fire pit with stacked firewood o One boat dock, permitted through the Building Department and having an approved FHDP o One boat storage cover permitted through the Building Department o One shade cover permitted through the Building Department, as applicable. (Department of Planning Services) 62. All approved South Lake camp sites are restricted to the lease hold areas and their equipment, vehicles, and associated transient improvements shall not impede the existing vehicle access to the internal site, including access to the on-going mining and materials processing (sand, gravel and stone), asphalt and concrete batch plant, the oil field construction business, and the recreational facility, all which operate from this single point of ingress and egress. (Department of Planning Services) 63. Thirty (30) days prior to the commencement of hunting activities, the applicant shall notify in writing the City of Greeley Police Department and the Weld County Sheriff's office to minimize any potential impacts to the North Greeley community. (Department of Planning Services) 64. 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. 65. 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. 66. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that • are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. • • • DEPARTMENT OF PLANNING SERVICES 18612011555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100100, Ext. 3540 .i •� FAX: (970) 304-6498 WELD„COUNTY April 7,2011 Rex&Sharon Hiner c/o Jim Arnold 1810 841h Ave Ct Greeley CO 80634 Subject: AmUSR-1075- A Site Specific Development Plan and Amended Use by Special Review permit for an Asphalt and Concrete Batch Plant, an Oil Field Business, and a Recreational facility (water skiing lake and primitive campsites for water skiing members along with commercial hunting on a fee basis) in the A (Agricultural) Zone District on a parcel of land described as E2NE4 of Section 36, T6N, R66W and the South 120 acres of the NW4 of Section 31,T6N, R66W 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 101h Street, Greeley, Colorado. A subsequent hearing will be held on May 25, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101h 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://www.comeld.co.us/Departments/PlanningZoninq/PlanninciDepartmenthndex.html If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine thisRanslem Reasona am signed b author ofdocument Location:1555 N 17th Ave Date:2011O4.07 09:54:07-06'00' Kim Ogle Planner • • I o ' I Ir4 p W $N 2O - a isa N 0W Itil 00 W { o w w! o ,"i: i ZW F0 Z 2 * 130 - 00- - t1ft0 u — 0C ' W _ 0300> _ zftzOz = C:OItOW Iii e ,, • U uH a0 •e. �b . d 0 { rh X-,O S ` z IXb.- 0 o is U +} w (7) a 0) to z t 0 301di0 A313385 t o u1u ew]Jedap apnuueld A003011A003011 mw � 110Ztr ►. N�d z 1533M1-;311 Z Z -i ziw � CC a L° 0 o , Z e O t ] `\ 1 3 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 SITE SPECIFIC DEVELOPMENT PLAN AND AN AMENDED USE BY SPECIAL REVIEW PERMIT FOR OPEN PIT MINING AND MATERIALS PROCESSING (SAND, GRAVEL AND STONE), AN ASPHALT AND CONCRETE BATCH PLANT, FOR AN OIL FIELD BUSINESS, MORE SPECIFICALLY DEFINED AS AN OIL AND GAS SUPPORT AND SERVICE FACILITY-PIPELINE AND ROUST-A-BOUT; AND A PRIVATE COMMERCIAL RECREATIONAL FACILITY (WATER SKIING LAKE AND PRIMITIVE CAMPSITE FOR WATER SKIING MEMBERS) ALONG WITH COMMERCIAL HUNTING (HUNTING ON A FEE BASIS) IN THE A (AGRICULTURAL) ZONE DISTRICT [R.M. HINER CONSTRUCTION, INC., C/O JIM ARNOLD] KIM OGLE • Name of Person Posting Sign Sign re of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) • GG fi The foregoing instrument was subscri, ed%rtd sworn to:me'this P day of_AR Ili 1 , 2011 WITNESS my hand and official seal.;? IOTA sz` �Y `� { ►a c4 filiu/71"); t Notary Public n/� My Commission Expires: L` CI D2 �-'c- • EXHIBIT V-5 d75 l .11.o14.0..."., ti 5 �� '� . v � .erg sfi� °'y. "� ,•p � • - I. ( "•;'-'..:,,,4,2...„..;,., � i. CI, Law ,, „,,.. ,.51. 4-' ::".,.,,..-' ,;:";..,4! (if , 40 2 CD Imum...... Lila ,_ . immijiCalil Cam ' �.` � " ► � M ......_,:...__.".. ..„ , W C W �` .li... ., ti,.:,?,..„....,,d., '1.'1:it:','',1;'''''';;41i';''''' Qui ' I .,r.�� wwr��rr, }�' rrrs■� G Q rrerr. co .i,..t... ,,..., R � 4Clint Li 7 1'11 DG _ c.O = '>mi C2 I O WCC ti- _ mac '_ ZLI) 1.4' W 1.l9 g, ) C) CD = ,4 ...,,,,,.,. ,...,,,.,. ' M Cs, BCC el j CC = = eel ..'„i ..., . ,... :, m ■`�O 1T C .'fir ILIJ �'>• * i�`,;....• ,41..' _0 Q = 44+1 Z Ce Wl ICE. Liut'-•.',`;`.•.!.... --. ti , r . 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CZ) 041 ',....'-'-e.4 '.'" .5, 2 C-) . 42; Imial ev) f • . i: 14 IL"c iii:ix = mum ur, i. -':74'":A 4 c= ,. ...., '':,..„41-,f,..:-,1 1$4, U° 8 1:1 cl- 414# i ai. 4 .43i im c.) , .. -,•.,„„,..,..,:;:. Lia lt. .4 # T. 'may AI'. "'''V..1.941.^ " ` F a : k."""' . We 3 ..... `��3"... .i. ,.g„ d�'- - .. 5/17/2011 • • • „sir North 23rd Avenue Access`, • ._ •• . . • _ _ f• -� _ - .ale` _ _ -1119 North 23`d Avenue looking North to "O" Street • 1 5/17/2011 0 F -. Y.. � �� f- .. • 1 r___i , ! I i . .. . . . . . . , . . .. . . .. . .. .. _ . .. . Equipment Storage on s al it' ri - 4 . , . f- - I V. di _ . ,_ . _ __ • 1 - - .• 4- '+ - -'' .� • -� — Western Access into Hiner Recreational Facility • F 5/17/2011 • A. 4. r . , _ . . ,.__ • lora. At.'" - _-. .'""a lit . _ - , a _ - - - s =rnai at ooking south, paved access road is to right • glik • f ; I+p h �` f. II" , a _— ,,-4b. ,Rats-r— •� - •� ,1 tit`- r . - - - --- " - :� -- , 2-- . .arc s — " :- - • .. Ss., — — -- -- — In 1 - ....�. _ - •X • • r . 4 ; _ - - ry - , r(:„-::x ,-.,,.,__,>- - . _ -_'"-t-.rte µ• •: Pad . - - l eoftio 1► -c r f .r 4f.1 1.t iI �) 1 sr`• Internal access from West, looking East • 3 FIELD CHECK Inspection Date: April 22, 2011 • Case Number: AmUSR-1075 Hearing Date: May 3, 2011 Applicant: R.M. Hiner Construction Inc., 11 Austin Road, Lamar, CO 81052 c/o Jim Arnold, 1810 84 Avenue Court, Greeley, CO 80634 Request: A Site Specific Development Plan and an Amended Use by Special Review Permit for Open Pit Mining and Materials Processing (sand, gravel and stone); an Asphalt and Concrete Batch Plant; an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the A (Agricultural) Zone District. Legal Description: E2NE4 of Section 36, T6N, R66W and the South 120 acres of the NW4 of Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 64 "O" Street, East of and adjacent to 251h Avenue Size of Parcel: +/- 160 acres Parcel No.: 0803-31-2-00-009 and 0805-36-1-00-009 Zoning Land Use N City of Greeley N North Greeley Business Park and Weld County Government Buildings including North Jail and Platte • Valley Juvenile Facility E Agriculture and City of Greeley E Weld County Public Works and open space S Agriculture S Cache la Poudre River and Industrial lands Flatiron Const and Bucklen Equipment W Agriculture W Espanola subdivision Comments: Property is currently permitted for Open Pit Mining and Materials Processing (sand, gravel and stone), Oil and Gas Support and Service and for a private commercial recreational facility (water skiing late and unimproved campsite for water skiing members)along with commercial hunting (hunting on a fee basis) for six primitive campsites. There are ongoing mining operations occurring on site with truck traffic leaving the site via a paved City of Greeley publically maintained road. Access to the site was approved under USR-1075, the gated is locked and opened electronically with key code. The site has been in violation for the number of recreational leaseholds and this application seeks to amend the current number of recreational camping sites from six (6)to thirty-eight (38) thereby bring the site into compliance. The site is within the FP/FW for the river. Building permits are required for all structures, including the boat shades, docks, decks and similar components. Building permits are also required for the other commercial components. Site is presently in violation for lack of building permits for all structures There is a great amount of outdoor storage on site that requires screening from adjacent property and public rights-of-way. • Sign tu� Kristine Ranslem om: Kristine Ranslem nt: Thursday, March 10, 2011 1:07 PM o: 'rmhpipeconst@hotmail.com' Subject: Case AmUSR-1075 • //� ��p� Attachments: Applicant letter.pdf; image003.png k- 8� 11) won Qhd)GL? Please see the attached letter. If you have any questions, please let us know. Thank you! K.ri,sti-to RPvstew. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 Be loll i .- W E 8 f '( J N'Y uO Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for e person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise tected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, (970) 3-6E00 Ext. 3540 FAX: (970) 304-6498 WELD--COUNTY March 10, 2011 Rex& Sharon Hiner c/o Mike Bare 7300 Arapahoe Rd Centennial CO 80112 Subject: AmUSR-1075 - Request for a Site Specific Development Plan and Amended Special Review Permit for an Asphalt and Concrete Batch Plant, an Oil Field Business, and a Recreational Facility (water skiing lake and primitive campsites for water skiing members along with commercial hunting on a fee basis) in the A (Agricultural) Zone District on a parcel of land described as E2NE4 of Section 36, T6N, R66W and the South 120 acres of the NW4 of Section 31, T6N, R65W 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 Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9741 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 Greeley 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 Kristine f Ranslem Reason: signed byauthor cument Location:1555 N 17th Ave Date:2011.03.10 08:27:41-07'00' Kim Ogle Planner • Kim Ogle From: Jim Arnold [jimarnold.tiww@yahoo.com] •ent: Thursday, April 28, 2011 7:40 PM o: Kim Ogle Subject: Re: Hiner Recreation Lakes - USR 1075 Attachments: image005.png; image003.png; image004.png Re: Request for permission to operate while permit is being processed. Dear Kim and planning committee, This letter is a request for permission to keep operating, the Hiner Recreational Lakes (water ski club),while under amendment review. This request shows that we have a USR 1075 permit and we are in the process of amending this permit , to allow us to comply with Weld County rules and regulations. The original USR states that there would be 6 recreational campsites, however, we have been operating for 7 years with 12 recreational campsites on the North Lake, with no issues , or problems. We understand that on South Lake, members were camping within the newly designated, 100 year flood plain. In order to comply with all rules and regulations, we are asking the commission's full consideration to allow us to continue to operate outside the flood plain, in our newly plotted areas, while the permit is being reviewed.( We have worked diligently to comply with the new requirements.) I, Jim Arnold, agree to comply with the permit application process, Weld County regulations , and filmier ski club rules and regulations. Sincerely, Jim Arnold, President, and lease holder p.s. We have 12 families, who have been active ski club members over the past 7 years, who are waiting for permission to ski and camp this summer . From: Kim Ogle <kogle@co.weld.co.us> To: Melanie Foslien <mfoslien@kbnengineers.com> Cc: Rex Hiner <rmhpipeconst@hotmail.com>; Jim Arnold <jimarnold.tiww@yahoo.com>; Kim Ogle <kogle@co.weld.co.us> Sent: Tue, April 26, 2011 9:08:58 AM Subject: RE: Hiner Recreation Lakes - USR 1075 Oood morning, FIELD CHECK • CASE NUMBER: AmUSR-1075 DATE OF INSPECTION: ! /17219// APPLICANTS NAME: R. M. Hiner Construction Company, Inc. PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Amended Special Review Permit for an Asphalt and Concrete Batch Plant, an Oil Field Business, and a Recreational Facility (water skiing lake and primitive campsites for water skiing members along with commercial hunting on a fee basis) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: E2NE4 of Section 36, T6N, R66W and the South 120 acres of the NW4 of Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 64, "O" Street, East of and adjacent to 25'"Avenue and South of and adjacent to North 16th Avenue "Weld County Sheriff Private Road". LAND USE: (ni g OFF--/ c:11 Air a 1 hey S /21117/e. G\N 1b 6,441 i w L /7 / (� • ZONING: N A (Agricultural) E A(Agricultural) S A (Agricultural) W A(Agricultural) COMMENTS: 17 JCtStir /Vo /6 At/C� / S /4/2(_, S/r4/h o 6() elf Is Deny& thud_ allo hlla.f LS 'do/Vt. T cce tnq-k .ember A4, Kristine Ranslem diem: Kristine Ranslem nt: Thursday, March 10, 2011 1:43 PM Jo: 'Bill Hall' Subject: AmUSR-1075 Field Inspection Attachments: PC FIELD CHECK.docx; image003.png We have just received a case (AmUSR-1075) in which we ask that you review the material and send the attached field inspection form to us by April 10, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlanninqZoninq/PlanningDepartment/index.html#AmUSR- 1075 If you have any questions, please don't hesitate to contact me at the number below. Thank you! Kvisti,vve RGt vusevv Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 e.4 3,3 PJiIi I I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • FEB-11-2011 FRI 07:51 AM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 01 • 1 961 - 201 1 MEMORANDUMTO: Kim Ogle, Planning Services DATE: February 10, 2011 WEL � O NTY 1 FROM: Engineering Staff SUBJECT: 2nd 7-Day Completene 9: Review Hiner Construction Co r Jo Jim Arnold, PA10-048 Weld County Public Works has received the submittal applicatior I r the 7-Day Completeness Review. This phase of the planning process is a content revie v of the submitted materials, NOT a technical review. Comments made during this phase o •Ine process will not be all- inclusive, and will address the critical issues of concern including I ii:not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soil! Report, and Flood Hazard Development Permit. The Public Works Department will perform detailed technical review of the project once the submittal application is deemed acceptable ,Ind is promoted to the review phase of the planning process. Public Works has adequate information to review this subm 1 il, However,our comments during the review phase will focus on the areas lc �d below. 1. The applicant will need to address how the USR retreat :fiat activities are compatible • with active mining and MSHA regulations that applicable in n1 active mine. 2. The proper reference to the floodplain and floodway t.'iundaries will need to be incorporated onto the plat. 3. The existing access at the northeast corner of the prowly must be closed. Please provide photographic evidence of the closure to the Depar r ent of Public Works. Utilize the main access on North 23rd Avenue to enter and exit i;l ie Hiner Recreational Lake property. 4. The parcel is partly located within the 100-year flood plait I land floodway of the Poudre River. Currently, all camp sites are shown outside ':V the 100-year floodplain. Comments to be made in the USR review will focus on h lwd to keep the camping sites out of the 100-year floodplain in order to ensure that the public's health and safety is maintained. (See the attached article about people killed i i a campground located in an unmapped floodplain.) 5. The application says that 60 camp sites are proposed but :n a fraction of those 60 are shown on the plat. The applicant will need to make sure t 1: USR narrative and the plat are consistent with each other. 6, Flood hazard development permits will be required for boat docks, boat covers, decks, storage sheds, etc, that are located in the floodplain. No s r L ctures can be located in the 0.5 foot floodway of the Poudre River. 7. The applicant will need to address the potential over uuht parking of recreational vehicles in the floodplain. 8. The applicant will need to address the potential storage I r fuel for boating activities in the floodplain. pc: id 7-Day Completeness, Hiner Constr. Co do Jim Arnold Pogo 1 or • M:\PLANNING—DEVELOPMENT REVIEWI7-DayCompletenessReviewst20111r1inerConsi 1:>Jim Arnold 7•Day.doa FEB-11-2011 FRI 07:52 AM WELD COUNTY PUBLIC WORKS FAX NO, 970 304 6497 P. 02 Format Dynamics :: Kodak Viewer Page 1 of 2 tab°NEWS At Least 16 Campers Killed in Arkansas Flash Flood Eyewitness: Children Were Screaming and Crying As Waters Rose C ti ckly and Violently By scoff MAYSRowra coming along this rive ,t Tare's vehicles that's overturned,there's ce d r r washed off their June 11,2010 foundations,"said Cal t ',like Fletcher of the Arkansas State Police Deparbmc r I At least 16 people,including some children,were killed Friday after flash floods swept through their The area affected,the n Bert Pike campground,is remote Arkansas campsites following a heavy rain, managed by the U.S. nest Service and is about 75 according to Gov.Mike Beebe. miles west of Little Ro:Et It is a popular camping area, due in pert to its sedu is rl location.Officials say they About 60 campers were rescued by emergency expect more deaths b n to not yet have a full count workers,another two dozen hospitalized,the on the number of pee iI t at the site or missing. Associated Press reported,citing authorities.Dozens more are still missing and feared dead. "We don't know who f'i,i in there last night,"State Police spokesman Bil ,3 adler told the Associated "About one-thirty,two in the morning,we started Press."This is a very fri de area." hearing children and women screaming and crying," said Crystel Hofer,who was asleep in her cabin when Brigette lAilllams,spc ors woman for the American Red the water came raging through."So we went to the Cross in Little Rock,t d c the Associated Press that door and opened the door and they were trying to between 200 and 30C p!Odle were believed to be in come up the hill to where our cabin was to escape the the area at the time o le flooding,She did not know rising water.' how many of those w n r campers and how many were • local residents. "It's a terrible tragedy and we're doing all we can to hopefully find some folks and bring some people DeCample said poop 1•here would have had"very back who are stranded out there,"said Matt little warning or alerts :iucause the flooding occurred DeCample,spokesman for Gov.Beebe."We've got a lot while most people we•[l sleeping.And because the ' of state and local folks pulling together.This is an area is so remote ant It drain so rugged,officials unprecedented tragedy out in this part of the state. believe that campers mt uuid have had to hike It's a very rural but close-knit portion of Arkansas." downstream in the dl r;to escape the valley,making The area is still heavily flooded and searches are -• expected to take at least two days. dvenisament The Caddo and Little Missouri rivers--two normally gentle waterways—rose by 20 feet overnight, engulfing the hikers and campers who were spending the night in tents along the rivers in the isolated Ouachita Mountains. "Within ten minutes the water had rose and campers were floating down,"Hofer told ABC News."If they didn't get out of their camper within five,ten minutes, they weren't getting out." The 54-unit campground was quickly inundated with water,which was rising as quickly as 8 feet per hour. The water was so violent it overturned RVs and peeled asphalt off the roads. "There was a lot of devastation in there,where it's - -- ""-• PRINT POWERED e r 3 FcrrnatDynamics") • httn://abenews.eo.eom/WN/Media/campers-killed-arkansas-flash-floe'.•Halbert-pike-camprr... 2/10/2011 FEB-11-2011 FRI 07:52 AM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 03 Format Dynamics ::Kodak Viewer Page 2 of 2 • the chances of survival for some even slimmer. The Little Missouri west of Caddo Gap stood at 3 feet Thursday,but after 7.6 inches of rain fell in the area overnight the level jumped to 23.5 feet by Friday morning. It later dropped to 11.6 feet Searchers were working along the Little Missouri River in Montgomery and Pike counties and the National Guard dispatched helicopters to help the rescue. "We're just in the process of right now,trying to see If we have anyone to be rescued along the river there, and uh.also in a recovery stage,"said Capt.Fletcher. Officials were also bringing in a refrigerated truck to serve as a temporary morgue and downstream Glenwood police and fire crews monitored river debris moving beneath a highway overpass. Two Shreveport,La.,families were at the Albert Pike campgrounds when the floods hit,a family friend told ABC affiliate KTBS. A 5-year-old member of one family was swept away by flood waters and the father and a 2-year-old child were missing,said Tanya Rabelais of Shreveport. The father of the other family—which consisted of a husband,wife and three children—was missing, • Rabelais said.The mother of the first family and four members of the second family survived. The Associated Press contributed to this report. dvertisement , PRINT POWERED 6,' (�IFormatDynamics') • • http://abcnews-go.com/WNV/Media/campers-killed-Arkansas-flash-floc i•Cdbert-pike-campgr... 2/10/2011 FEB-11-2011 FRI 07:52 AM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 04 0 Second 7-Day Completeness ;d review PRE-APPLICATION MEETING NOTES: PALO-f at Applicant: Hiner Construction Company do Jim Arnold Case#: Pending AmUSR-____ Request: A Site Specific Development Plan and a :tocial Review permit for a private commercial recreational facility (wat s;• skiing lake and campsite for water skiing members) along with comrr sr::ial hunting (hunting on a fee basis) in the Agricultural Zone District Legal Description: E2NE4 Section 36, T6N, R66W and NW4 Si ti: ion 31, TON, R65W of the 6`" P.M Weld County, Colorado Location: 0.5 miles South of CR 64, on private acce:t drive to Weld County Jail Complex and East of and adjacent to 25th ,10 emus f)) U_ E11 Size of Parcel: +1-acres 1 Parcel Number 0805-31-2.00-009 and 0805-35-1-00-009 l,I FEB -7 2011 J RETAIN PACKET AS ENTIRE APPLICATION Public Works o Health n Building nP WA OLIN fY PUBLIC WORKS OUT Narrative: Applicant is submitting supplemental information. This is the Second " Day Completeness • Review for this proposal. The Site Plan has been amended to reflect n new orientation and alignment of the proposed"primitive camping sites". The application :c ver sheet was not submitted and the Road Access Permit sheet was not submitted. Comments: enar al:1 �---- 2 — '1 - 2011 Clam{ _ ✓ . Date: February 4.2011 Comments Due No Latershan February ,(,, 11 Questions, call,thanks Kim, x 3549 • • Second 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA10-048 Applicant: Hiner Construction Company c/o Jim Arnold Case#: Pending AmUSR - T_ Request: A Site Specific Development Plan and a Special Review permit for a private commercial recreational facility (water skiing lake and campsite for water skiing members) along with commercial hunting (hunting on a fee basis) in the Agricultural Zone District Legal Description. E2NE4 Section 36, T6N, R66W and NW4 Section 31, T6N, R65W of the 6`h P.M Weld County, Colorado Location: 0.5 miles South of CR 64, on private access drive to Weld County Jail Complex and East of and adjacent to 251h Avenue Size of Parcel: +/- acres Parcel Number: 0805-31-2-00-009 and 0805-36-1-00-009 RETAIN PACKET AS ENTIRE APPLICATION o Public Works ❑ Health Building ❑ Planning Narrative: Applicant is submitting supplemental information. This is the Second 7-Day Completeness • Review for this proposal. The Site Plan has been amended to reflect a new orientation and alignment of the proposed "primitive camping sites". The application cover sheet was not submitted and the Road Access Permit sheet was not submitted. Comments: i ,, O.1 1 j.,. a r-e - 4WWZIF- ►e Lneci C.r di r ( 4tic- i 4J b d aT tick Date: February 4, 2011 Comments Due No Later than February 11, 2011 Questions, call, thanks Kim, x 3549 • Kim Ogle i om: Lauren Light nt: Monday, February 07, 2011 2:38 PM : Kim Ogle Subject: 7 day review hiner construction jim arnold water ski lake Attachments: image001.jpg 1. Need a waste handling plan 2. Need a dust abatement plan 3. Provide a waiver request to use portable toilets and bottled water If they submit now, we can add C0A's addressing the above. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Iliohtco.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 1861 -2011 WEL O NTY Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 f/t eztent • PIPELINE CONTRACTORS MAINLINE AND DISTRIBUTION 11 AUSTIN ROAD REX M. HINER LAMAR,COLORADO 81052 SHARON A. HINER 719 336-3467 tJty Planning Department December 2twei GREELEY OFFICE Weld County Colorado Department of Planning Services PM 2 S o1110 1555 North 17th Avenue Greeley Colorado 80631 RECEIVED ATTN Kim Ogle, Planner III Y� RE: Greeley Pit Kim: Richardson started hauling gravel/dirt around to the north side of the Greeley Lake on December 21st, continuing on the 22nd and the 23rd to assist in back- filling along the north side of the lake. On the 23rd they realized it was making enough dust that they should get dust • control started, so they shut down during the Christmas holiday. In contacting Richardson, they informed me of their knowledge of the dust situation and the week between Christmas and New Years, they will start again with the intent of having the dust situation under control. Happy Holidays! Respectfully, Q (1(14" C Sharon A Hiner • 12/24/2010 10:44 17193365031 R M HINER CONST CC I PAGE 02 • t.g. ale S Cootarae&Poe Cazrttaor, . C. PIPELINE CONTRACTORS MAINLINE AND DISTRIBUTION 11 AUSTIN ROAD RFX M.HINER LAMAR,COLORADO 81052 SHARON A.MINER 719 336-3467 December 24, 2010 Weld County Colorado Department of Planning Sery ces 1555 North 17th Avenue Greeley Colorado 80631 ATTN Kim Ogle, Planner I I RE: Greeley Pit Kim: Richardson started hauling ravel/dirt around to the north side of the Greeley Lake on December 21st, cont nuing on the 22nd and the 23rd to assist in back- filling along the north aid of the lake. On the 23rd they realized i was making enough dust that they should get dust control started, so they sh t down during the Christmas holiday. • In contacting Richardson, t ey informed me of their knowledge of the dust situation and the week betwr en Christmas an4 New Years, they will start again with the intent of having t • dust situatiunder control. Happy Holidays! Respectfully, cum otaihki> 'Sharon A Hiner • 12/24/2010 10:44 17193365031 R M HINER CONST CO I PAGE 01 w a 'R. M. Hiner Construction Company Inc. • ' 4 Rex M. Hiner — President Sharon A. Hiner — Secretary/Treasurer Yr 8 11 Austin Road Lamar, CO 81052 719/336-3467 4 • Fax: 719/336-5031 F 4,, �f� ii.. • December 24, 2010 • xx I, It U Y ' Kim Ogle - Planner III Dept of PlanningServiceg,-„_ � �,,t 970/304-6498 ‘„, Sharon Hiner iu •,_e : Dust Control at Greeley Lake - letter forthcoming (original mailed 12/24/2010) Total Number of Pages (including this cover sheet) two (2) Special Instructions: _ Confidential _ Please Reply ss ., Urgent xxxx For Your Review If you do not receive all pages. 'lease contact Sharon I liner at 119/316-3467 r}vim a' ftettvg‘AIDMEMORANDUM Ii`De. DATE: PA10-048; TO: Case File, pre-application • May COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting Amendment to USR-1075 Attendees: Rex Hiner, Applicant Sharon Hiner, Applicant Clay Kimmi, Public Works Frank Piacentino, Building Tom Parko, Planning Kim Ogle, Planning Kris Ranslem, Planning • On Friday, May 21, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding an amendment to USR-1075. (The legal description is Lot B RE- 1807; Part of the W2 NW4 of Section 31, T6N, R65W of the 6th P.M.) Background Information: Under USR-1075 the site is allowed to have up to 6 RVs and 2 outdoor storage structures; however, staff has presently noted that there are approximately 14 RVs on site as well as numerous boat shelters, docks, and trailers. The site is subleased to other individuals who operate the RV/Fifth wheel self-contained site. Building Department Building Permits are required for all existing and future shelters and boat docks. The permanent shelters will need to meet the criteria for wind and snow load. The following is a quick link to the building permit application for shelters such as these: http://www.co.weld.co.us/departments/Pianninq/BuildinqDepartment/BuildingPermits/Residential.html Look under the Utility (Non-Residential) Permit Application in the middle of the page. in addition, a copy of the lease agreement will need to be included with the building permit application. The temporary shelters would need to be renewed annually with the Building Department. No electricity is proposed for the site. Public Works • The majority of the site is located in the floodplain; therefore a Flood Hazard Development Permit (FHDP) is required which covers the entire site. The following is a quick link to the application: http://www.co.weld.co.us/departments/PublicWorks/FloodplainandDrainage/PermitsforConstructioni nFloodplains.html In 2003, the Army Corps of Engineers study of the floodplain was updated and the floodplain as defined was enlarged; therefore the boat docks, shelters, trailers, etc. are located in the floodplain. No structures are allowed in the floodway. No Drainage Report is required. A traffic study will be determined upon submittal of estimated traffic numbers from the applicants. Planning Department The applicants indicated that all the RV units are self-contained. In addition,the applicants provide portable toilets which are serviced regularly. Staff requested that on the site map each leased pad location be given an "address" thereby allowing emergency responders the ability to arrive at a known location in case of an emergency. Staff also requested each space be detailed with the type of equipment, i.e., fifth wheel, cargo trailer, boat shelter, parking space for vehicle(s), other amenities. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 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 thel 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 maybe 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. '0 I. 1"Lr �. ,• R r. N• f Y at^I t. 1 r... _ •.ate Ta _ . _ e -010- _ _-7.„...........:-.41....b..._......„, --- - --' . --..�. .141•,'.3- •` 7Gfsj�r �r i 'r'� �is`� . .r.e.�rr zit s�.�. .. . �3- � ._ .. a:*...t`:�7,Wali1 . l► • L .0' \ : ...wC-mss. 7� ` . - -� . ,- � .� ` � ..--, •• i ' fi • r 0 :4 li i • 1 f .,. v w t lit, • t ,, it '` - .- — �, 4: . . .. e . . iL. . ...• • • 4 41"-1/ 4 Ir.(�M i.''- -` 1ff p _. •�.,,,t- --ar a- .r+� :�i'. +� `r. 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( • •.• ..... , , ...i, 44: - .• f`r. • 4' ,1L.• 3 1 \ , (71 • 'I r ,YD r,'I i' . r , ,vim ' ' !\ \T • 440ctr.° APPLICATION FLOW SHEET COLORADO APPLICANT: Rex and Sharon Hiner, do Mike Ketterling, KBN Engineering CASE#: AmUSR-1075 REQUEST: A Site Specific Development Plan and Amended Special Review Permit for an Asphalt and Concrete Batch Plant, an Oil Field Business, and a Recreational Facility(Water skiing Lake and campsite for water skiing members along with commercial hunting on a fee basis)in the Agricultural Zone District LEGAL: E2NE4 Section 36, Township 6 North, Range 66 West and the South 120 acres of the NW4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County LOCATION: South of and adjacent to County Road 64, "O" Street, East of and adjacent to 25th Avenue and South of and adjacent to North 16th Avenue"Weld County Sheriff Private Road" PARCEL ID#: 0803-31-2-00-009 and 0805-36-1-00-009 ACRES: 160 +/- DATE BY Application Received 2-1-2011 Drop Application Complete 2-23-2011 Ogle PC Hearing Date: Action: PC Sign to be Posted By: Referrals Listed File Assembled 5//phi Referrals Mailed Chaindexed Letter to Applicant Mailed L_ Date Public Notice Published in County Newspaper Surrounding Property & Mineral Owners Notified /D/// Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign Posted Overlay Districts Zoning Agricultural Airport Yes_x_ No Geologic Yes No_x_ Flood Hazard Yes_x_ No Panel#080266 0628 C 40 Hello