HomeMy WebLinkAbout20090888.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Journey Ventures, LLC Case Number USR-1687
Submitted or Prepared
Prior to At
Hearng Hearing
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1
Staff Comments
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Department of Planning Services Field Check Form
X
Letter to Applicant
X
Legal Notifications
X
2
Application
X
Maps
X
Deed/ Easement Certificate
Surrounding Property / Mineral Owners
X
Utilities
3
Referral List
X
Referrals without comment
X
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Sheriffs Office referral received 1/7/2009
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V
Town of Kersey referral received 12/31/2008
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Platte Valley Fire Protection District referral received 12/30/2008
X
4
Referrals with comments
X
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Weld County Department of Public Works referral received 1/29/2009 (2 pages)
X
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Weld County Department of Public Health and Environment referral received
1/23/2009 (6 pages)
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V
Weld County Zoning Compliance Officer referral received 12/23/2008
X
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West Greeley Soil Conservation District referral received 1/7/2009 (3 pages)
X
V
Weld County Department of Building Inspection referral received 1/23/2009
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V
Department of Planning Services Landscape referral received 12/28/2008
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J
Department of the Army — Corps of Engineers referral received 1/5/2009
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Colorado Division of Water Resources letter received 3/3/2009 (2 pages)
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5
Surrounding Property Owners/Mineral Owners - Letters
6
PC Exhibits
6A
Letter from Francis & Helen Puype dated 1/19/2009
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6B
Letter from Ron Baker dated 2/12/2009 (3 pages)
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/
6C
Letter from Plumb Irrigation Company dated 2/12/2009
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6D
Letter to Helen & Francis Puype from J&T Consulting dated 2/17/2009
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6E
Letter to Plumb Irrigation Company from J&T Consulting dated 2/18/2009
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6F
E-mail outlining meetings and attempted meetings with SPOs received 2/26/2009
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V
2009-0888
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' 6G
Memorandum from Deere & Ault Consultants, Inc. dated 3/18/2009
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6H
Letter to Plumb Irrigation Company from J&T Consulting dated 3/20/2009
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61
E-mail from Leroy A. Williams received 3/31/2009
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6J
Letter to Plumb Irrigation Company from J&T Consulting dated 4/1/2009
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6K
Party Status Withdrawal Form signed by Ron Baker
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Party Status Withdrawal Form signed by Plumb Irrigation Ditch
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6M
Ptanrtingtommisstoli SigrtpDsting certificate andphete 'ca%Ica milt( 650419
X
6N
E-mail from David Snyder — Public Works dated 4/7/2009
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6O
Memo from Department of Planning Services to Planning Commissioners
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7
Planning Commission Resolution
8
Property Owner/Mineral Owner Notification Letter
X
hereby certify that the 30 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
I Chris Gathman Planner
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LAND USE APPLICATION
SUMMARY SHEET
Planner: Chris Gathman
Case Number: USR-1687 Hearing Date: March 3, 2009
Applicant: Journey Ventures, LLC
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including Open Pit Mining and Materials
Processing and Asphalt and Concrete Batch Plants along with importation of
resource material in the A (Agricultural) Zone District.
Legal Description: Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N,
R64W of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 51 and north of and adjacent to County
Road 58
Size of Parcel: +/- 84.63 Acres
Parcel Number: 096307400001 & 096307400002
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:
< Weld County Public Works, referral received January 29, 2009
< Weld County Department of Public Health and Environment, referral received January 23, 2009
< Weld County Code Compliance, referral received December 23, 2008
< Weld County Department of Building Inspection, referral received January 23, 2009
< Weld County Department of Planning Services, Landscape referral received December 28, 2008
< Weld County Sheriff's Office, referral received January 7, 2009
< Town of Kersey, referral received December 31, 2008
< West Greeley Soil Conservation District, referral received January 7, 2009
< Platte Valley Fire Protection District, referral received December 30, 2008
< US Army Corps of Engineers, referral received January 5, 2009
< Plumb Irrigation Company, referral received February 12, 2009
Joumey Ventures, LLC — Gravel Pit, USR-1687 Page 1
EXHIBIT
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The Department of Planning Services' staff has not received responses from the following agencies:
< City of Greeley
< Petroleum Development Corporation
< Central Weld County Water District
< AT&T
< Colorado Division of Water Resources
Journey Ventures, LLC - Gravel Pit, USR-1687 Page 2
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olhr.
COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Chris Gathman
Case Number: USR-1687 Hearing Date: March 3, 2009
Applicant: Journey Ventures, LLC
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including Open Pit Mining and Materials
Processing and Asphalt and Concrete Batch Plants along with importation of
resource material in the A (Agricultural) Zone District
Legal Description:
Location:
Size of Parcel:
Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N,
R64W of the 6th P.M., Weld County, Colorado
West of and adjacent to County Road 51 and north of and adjacent to County
Road 58
+/- 84.63 Acres
Parcel Number: 096307400001 & 096307400002
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.8 (CM. Goal 2) states, "Promote the reasonable and orderly exploration
and development of mineral resources."
According to the Weld County Sand, Gravel Resources map dated July 1, 1975, is the
majority of the site is classified as F-3 (floodplain — fine aggregate) with a narrow strip of
F-3 (Stream Terrace — fine aggregate). The application materials indicated (in a
Geotechnical Engineering report dated March 12, 2008 by Terracon Consultants, Inc.)
that the site appears to be feasible for mining significant quantities of gravel sized or
larger aggregates. Depth of materials aggregate ranges from approximately 3 to 57 feet
below the existing site grade.
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 3
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Section 22-5-80.C (CM.Goal 3.) states "Minimize the impacts of surface and sub -surface
mining activities on the surrounding land, land uses, roads, and highways."
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to
federal, state and local environmental standards."
Section 22-5-80.C (CM.Policy 3.6.) states "Buffer, where possible, batch plants and
processing equipment from adjacent uses."
Section 22-5-80.C (CM. Policy 3.4.) "Locate access roads to, and within, the site in a
manner which minimizes traffic impacts on surrounding land uses."
The proposed batching and processing facilities is proposed to be located in the
northwest corner of the site. This area lies below a bench that runs along the southern
and western edge of the site. The nearest residences to the west and south are located
on the elevated bench. The proposed access is onto an existing oil and gas/residential
access onto a paved road (County Road 58) vs. accessing onto an unpaved road
(County Road 51) located in a bowl area below County Road 58. The access point onto
County Road 58 is located adjacent to an existing lot containing a single-family
residence. The Department of Public Health and Environment is requiring that Noise and
Dust Abatement plans be submitted as a condition of approval for this proposed
operation. The Department of Planning Services is requiring a landscape and screening
plan be submitted to address impacts associated with mining of the site on adjacent
properties in particular the parcel adjacent to the proposed access and to address
screening and buffering of the batch plant and processing area from adjacent properties.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District. Sections 23-3-40.A.3 and 23-3-40.A.4 of the Weld County
Code provides for a Site Specific Development Plan and a Special Review Permit for
Mineral Resource Development Facility including Open Pit Gravel Mining and Materials
Processing (Dry Mining) along with Asphalt and Concrete Batch Plants in the A
(Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The nearest residence is located immediately to the
southwest of the site, another residence is located approximately % mile to the west of
the site, and a third residence is located approximately 1/4 mile to the north of the site. The
proposed batching and processing area is located in an area below an existing bench
that the two residences to the south and west are located upon. The batching/processing
area is also located at a location on the property that is furthest from the adjacent
residences to mitigate noise/compatibility issues. The access to the site will be off of
County Road 58 immediately to the east of a property containing a single-family
residence. The Department of Public Health and Environment is requiring that Noise and
Dust Abatement plans be submitted as a Condition of Approval for this proposed
operation. The Department of Planning Services is requiring a landscape and screening
plan be submitted to address impacts associated with mining of the site on adjacent
properties.
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.
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 4
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The proposed mine is located within the 3 -mile referral areas for the Town of Kersey and
the City of Greeley. The Town of Kersey, in their referral received December 31, 2008,
indicated no conflicts with their interests. No referral response has been received from
the City of Greeley.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code.
The proposal is not located within a Flood Hazard Overlay District. Building Permits
issued will be required to adhere to the following fees:
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The subject site is primarily classified as irrigated non -prime with a narrow portion of the
site in the southwest portion of the site defined as irrigated prime agricultural land as
delineated on the Important Farmlands of Weld County map, dated 1979. Section 22-5-
80A.1.CM.Policy 1.1. states "Access to future mineral resource development areas
should be considered in all land use decisions in accordance with state law. No County
governmental authority which has control over zoning shall, by zoning, rezoning, granting
a variance or other official action or inaction, permit the use of any area known to contain
a commercial mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extractor".
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of
Approval, and Development Standards ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and
County.
H. Section 23-4-250 -- Additional requirements for Open -mining have been addressed
through this application and the Development Standards will ensure compliance with
Section 23-4-250 Weld County Code.
The Department of Planning Services requested a community meeting be held for this project. The
applicant's representative indicated that he would schedule one-on-one meetings with individual property
owners.
The Department of Planning Services recommends that the following conditions of approval and
development standards be attached:
1. Prior to recording the plat:
A. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and
production should occur in a manner which minimizes the impact to agricultural uses and
the environment and reduces the conflicts between mineral development and current and
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 5
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future surface uses." Section 22-5-100.B of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the
mineral owner/operators of either the surface or the mineral estate." Section 22-5-
100.B.1 of the Weld County Code also states "new development should be planned to
take into account current and future oil and gas drilling activity to the extent oil and gas
development can reasonably be anticipated." 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. (Department of Planning
Services)
B. The applicant shall attempt to address the requirements/concerns of the Plumb Irrigation
Company as stated in their referral dated February 12, 2009. Written evidence of such
shall be provided to the Department of Planning Services. (Plumb Irrigation Company)
C. The applicant shall address the requirements of the Department of Planning Services as
stated in their Landscape Referral dated December 28, 2008. Written evidence of such
shall be provided to the Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit a detailed signage plan to the Department of Planning
Services in compliance with Article IV, Division 2, and Appendices 23-C, 23-D and 23-E
of the Weld County Code. (Department of Planning Services)
E. 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. Evidence of such shall be
submitted to the Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
F. In the event washing of vehicle will occur on site the applicant shall ensure that any
vehicle washing areas shall capture all effluent and prevent discharges from the washing
of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Evidence of such shall be
submitted to the Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
G. 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. Evidence
of approval shall be submitted to the Department of Planning Services and Department of
Public Health and Environment. (Department of Public Health and Environment)
H. 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. Evidence of Health Department approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 6
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In the event the septic system requires a design capacity of over 2,000 gallons of sewage
per day the applicants shall provide evidence that all requirements of the Water Quality
Control Division (WQCD) of the Colorado Department of Public Health and Environment
(specifically Policies WQSA-6 and WQSA-8) have been satisfied. Evidence of
compliance shall be provided to the Weld County Department of Public Health and
Environment. Alternately, the applicant can provide evidence from the WQCD that they
are not subject to these requirements. (Department of Public Health and Environment)
J. An odor abatement and response plan shall be submitted to the Weld County
Department of Public Health and Environment. 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. Evidence of Health
Department approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
K. The applicant shall complete all proposed on -site improvements or enter into a (Private)
Improvements Agreement according to policy regarding collateral for improvements and
post adequate collateral for all required materials. The agreement and form of collateral
shall be reviewed by County Staff and accepted by the Board of County Commissioners
prior to recording the USR plat. (Departments of Public Works and Planning Services)
L. The applicant shall enter into a (Public) Long -Term Maintenance and Improvements
Agreement according to policy regarding collateral for improvements and post adequate
collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Departments of Public Works)
M. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
A copy of the permit application shall be submitted to the Environmental Health Services,
Weld County Department of Public Health & Environment. Alternately, the applicant can
provide evidence that they are not subject to this requirement. Evidence of Health
Department approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
N. The applicant shall submit documentation from the Central Weld County Water District
indicating that water service is available for the proposed use to the Department of
Planning Services. (Department of Public Health and Environment)
O. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site to the Weld County Departments of Public
Health and Environment and Planning Services. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. (Department of Public Health and Environment)
P. The applicant shall address the requirements (concerns) of the Department of Public
Works, as stated in their referral response dated January 29, 2009. Evidence of approval
shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 7
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Q. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1687. (Department of Planning
Services)
2. The location and size of any on -site signs. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning
Services)
4. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of
Planning Services)
5. Oil and Gas encumbrances including gathering lines with appropriate setbacks
shall be delineated on the plat. (Department of Planning Services)
6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened
from adjacent public rights -of -way and all adjacent properties. These areas shall
be designed and used in a manner that will prevent wind or animal scattered
trash. (Department of Planning Services)
7. Off-street parking/loading areas, including the access to the batching/processing
area shall be surfaced with adequate gravel or the equivalent and shall have
adequate dust control throughout the approach and loading areas. (Department
of Planning Services)
8. County Road 58 is designated on the Weld County Road Classification Plan as a
Collector road, which requires 80 feet of right-of-way at full build out. The
applicant shall verify the existing right-of-way and the documents creating the
right-of-way. 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. (Department of Public
Works)
9. County Road 51 is designated on the Weld County Road Classification Plan as a
local gravel road, with requires 60 feet of right-of-way at full build out. The
applicant shall verify the existing right-of-way and documents creating the right-
of-way. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
10. The applicant shall pave to the cattle guard or 100' into the site, whichever is
greater. (Department of Public Works)
2. Prior to release of Building Permits:
A. A letter from the Platte Valley Fire District indicating whether or not a fire district permit is
required shall be submitted prior to the issuing of building permits. (Department of
Building Inspection)
3. Prior to issuance of the Certificate of Occupancy for the employee office:
A. An individual sewage disposal system is required and shall be installed according to the
Weld County Individual Sewage Disposal Regulations. (Department of Public Health and
Environment)
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 8
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4. One Month Prior to Construction Activities:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Planning Services)
5. Prior to construction:
A. The applicant shall provide the Department of Planning Services with an approved
Colorado Division of Water Resources Substitute Water Supply Plan or court -approved
Augmentation Plan. (Department of Planning Services)
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6. Prior to Operation:
A. The applicant shall submit an approved Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit from the Air Pollution Control Division, Colorado Department of Health
and Environment, if applicable. Evidence of such shall be provided to the Department of
Planning Services and Department of Public Health and Environment. (Department of
Public Health and Environment)
7. 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)
8. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by 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)
9. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk
and Recorder's Office within 60 days of approval by the Board of County Commissioners.
(Department of Planning Services)
10. In accordance with 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 a $50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
Joumey Ventures, LLC — Gravel Pit, USR-1687 Page 9
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Journey Ventures, LLC — Gravel Pit
USR-1687
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development Facility including Open Pit Mining and Materials Processing and Asphalt and
Concrete Batch Plants along with importation of resource material in the A (Agricultural) Zone
District. (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 d. (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. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
8. Any vehicle washing 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)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved dust abatement plan at all times. (Department of
Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in Section 14-9-30 of the Weld County Code. The facility shall operate in
accordance with the approved "noise control plan" at all times. (Department of Public Health and
Environment)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
employee office. (Department of Public Health and Environment)
12. Adequate drinking, handwashing and toilet facilities shall be provided for all personnel located at
or entering the facility. (Department of Public Health and Environment)
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 10
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13. Sewage disposal for this facility shall be by septic system. 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)
14. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera for up to six months at each location. (Department of
Public Health and Environment)
15. Bottled water shall be provided to employees at the temporary locations of the working face and
portable processing equipment at all times. (Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes at the
batch plants and office locations at all times. (Department of Public Health and Environment)
17. The applicant shall comply with the Drinking Water section of the Water Quality Control Division
of the Colorado Department of Public Health and Environment, if applicable. (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 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)
20. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
21. 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)
22. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Mining Reclamation and Safety. (Department of Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
24. 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)
25. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment. Operation may be extended with specific permission from the
Weld County Board of County Commissioners. This restriction shall not apply to operation of
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 11
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administrative and executive offices or repair and maintenance facilities located on the property.
(Department of Planning Services)
26. The number of employees on -site at one time shall not exceed eighteen (18). (Department of
Planning Services)
27. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to
protect against and/or reduce noise, dust, and erosion. (Department of Planning Services)
28. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the
reclaimed areas. (Department of Planning Services)
29. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180. (Department of Public Works)
30. The historical flow patterns and run-off 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 Public Works)
31. The site must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
32. The applicant shall pave to the cattle guard or 100 -feet into the site, whichever is greater.
(Department of Public Works)
33. Off-street parking/loading areas, including the access to the scale house from the pit area shall
be surfaced with adequate gravel or the equivalent and shall have adequate dust control
throughout the approach and loading areas. (Department of Public Works)
34. A minimum 40' radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic. (Department of Public Works)
35. The applicant shall comply with all Colorado Department of Health and Environmental (CDPHE)
regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
36. The applicant shall comply with all Colorado Department of Health and Environment, Water
Quality Control Division regulations regarding storm water quality permitting and protection and
construction storm water discharges. (Department of Public Works)
37. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Public Works)
38. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
39. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A geotechnical engineering report performed by a registered State
of Colorado engineer shall be required. (Department of Building Inspection)
40. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 12
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41. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
42. A letter from the Platte Valley Fire District indicating whether or not a fire district permit is required
shall be submitted prior to the issuing of building permits. (Department of Building Inspection)
43. Prior to the commencement of any mining activity which would result in the exposure and/or use
of groundwater, the applicant shall provide the Department of Planning Services with an
approved Colorado Division of Water Resources Substitute Water Supply Plan or court -approved
Augmentation Plan along with an approved well permit. (Division of Water Resources)
44. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
45. 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)
46. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
47. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
48. The property owner or operator shall be responsible for complying with the Open -mining
Standards of Section 23-4-250, Weld County Code.
49. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
50. 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.
51. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review
has not commenced from the date of approval or is discontinued for a period of three (3)
consecutive years, it shall be presumed inactive. The county shall initiate an administrative
hearing to consider whether to grant an extension of time to commence the use or revoke the
Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow
the procedures and requirements of Division 4 of the Weld County Code in order to reestablish
any Use by Special Review. (Department of Planning Services)
52. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners. (Department of
PlanningServices)
Journey Ventures, LLC — Gravel Pit, USR-1687 Page 13
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COLOR,C
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December 23, 2008
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Journey Ventures, LLC
PO Box 129
Greeley CO 80632
Subject: USR-1687- Request for a Site Specific Development Plan and Use by Special Review Permit for
Mineral Resource Development Facilities including: Open Pit Mining and Materials Processing and
Asphalt and Concrete Batch Plants in the A (Agricultural) Zone District. on a parcel of land
described as Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N, R64W
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 and Kersey Planning
Commission for their review and comments. Please call Greeley at 970-350-9770 and Kersey at 970-353-
1681 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 and Kersey 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,
Chris Gathman
Planner
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PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS February 21, 2009. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICLY 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1687 IN THE A (AGRICULTURAL) ZONE DISTRICT.
STATE OF COLORADO
COUNTY OF WELD
) ss.
CHRIS GATHMAN
Name of Person Posting Sign
Signature of Person Posting Sign
The foregoing instrument was subscribed and sworn to me this day of
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
14193/ 10
, 2009.
BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
EXHIBIT
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FIELD CHECK
inspection dates: 2/20/2009 & 4/3/2009
APPLICANT:
REQUEST:
LEGAL:
LOCATION:
PARCEL ID
Journey Ventures, LLC CASE #: USR-1687
A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development Facility including Open Pit Mining and Materials Processing and Asphalt
and Concrete Batch Plants along with importation of resource material in the A
(Agricultural) Zone District
Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N, R64W of the
6th P.M., Weld County, CO.
West of and adjacent to County Road 51 and north of and adjacent to County Road 58
#: 096307400001 & 096307400002 ACRES: +/- 84.63 Acres
Zoning
Land Use
N
A
N
Agricultural Parcels & Single-family residence (to the
northeast)
E
A
E
Agricultural land (o&g production facility)
S
A
S
Agricultural Parcel (single-family residence to the SE
& SW of site)
W
A
W
Agricultural land (nearest single family residence
located approx. Y mile further west)
COMMENTS:
Parcel has existing single family residence and outbuildings along with oil and gas production facilities.
Proposed access road is existing oil and gas access that runs along a bench above the site before
dropping down into the remainder of the property. The proposed mining site and processing site is located
approximately 10 -feet or so lower than the western/southwestern edge of the site. Plumb Ditch runs along
the northern portion of the property.
Chris Gathman - Planner Ill
Hello