HomeMy WebLinkAbout20093213.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1716 FOR OPEN PIT MINING (DRY MINING - NORTH PIERCE PIT) AND
MATERIALS PROCESSING OF CONSTRUCTION MATERIALS IN THE
A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY DEPARTMENT OF
PUBLIC WORKS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 16th day
of December, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Weld County Department of Public Works, P.O. Box 758, 1111 H
Street, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special
Review Permit #1716 for Open Pit Mining (dry mining — North Pierce Pit) and Materials
Processing of Construction Materials in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
SE1/4 of Section 1, Township 8 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by David Bauer, Department
of Public Works, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
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 site is
classified as VI (Water deposited gravel, sand, silt and clay along present
stream courses, and the material is predominately gravel that is clean and
sound). The application materials indicate that the County has applied for
a Special 112 Construction Materials Permit for the Pierce North Sand
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and Gravel Pit, M-2009-062, from the Colorado Division of Reclamation
Mining and Safety. The estimated thickness of gravel -bearing zones
varies between 0 and 30 feet in depth over the entire site. The material
will be transported to the gravel processing area, crushed, and stockpiled
for future and immediate graveling needs in the area. Prior to mining,
overburden of the topsoil will be stockpiled directly north of the gravel
processing area. The pit will be continuously mined during the winter
months with hauling of material occurring late Spring to mid Fall.
Section 22-5-80.B (CM.Goal 3) states, "Minimize the impacts of surface
mining activities on surrounding land uses, roads and highways." The
applicant shall submit a Landscape (seeding) Plan, which specifically
addresses wind and water erosion of disturbed areas and wind erosion of
stockpiled materials. Further, the applicant shall demonstrate that the
impacts to County Road 37 and adjacent haul route roads from these
mine -related activities will have minimal impact to the road and/or to the
traveling public. The application materials indicate that Drainage and
Erosion Control Plans are in place to control runoff from the processing
area. Dust control will be accomplished by utilizing the county water truck
assigned to the mining operation to control the on -site dust and the haul
roads. Further, the County has indicated that a Stormwater Management
Plan (SWMP) and Best Management Practices (BMP) Plan are in place,
along with the erosion control methods to be used at the mining site.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining
operations conform to federal, state and local environmental standards."
CM.Policy 4.1.5. states, "Require, where possible, that batch plants and
processing equipment be buffered from adjacent uses." Sand and gravel
processing equipment and material stockpiles will be located to the north,
adjacent to County Road 96, behind an earthen berm composed of
overburden, thus reducing visual and noise impacts to surrounding
properties and public rights -of -way.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for Open Pit Mining (dry mining — North Pierce Pit) and
Materials Processing of Construction Materials in the A (Agricultural)
Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is currently
utilized as non -irrigated farmland and is surrounded by pasture and/or
farmland in all directions. The nearest residence is located approximately
1,900 feet to the north of the proposed mine location. The application
materials indicate that concurrent reclamation consists of re -grading and
placement of topsoil materials. Reseeding will be done with native
drought tolerant grass seed mixes. The Department of Planning Services
is requiring a Landscape Plan be submitted, to address environmental
impacts associated with wind and water erosion of disturbed area, wind
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erosion of stockpiled materials, and to review the proposed seed mix to
maintain the native grass and herbaceous plant material species. Access
to the site is from County Road 37 on an existing graded gravel road
maintained by Weld County through a double cattle guard at the gate
entrance and into the site.
d. Section 23-2-230.B.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. This mining location is not within the Urban Growth
Boundary area or three-mile referral area for any municipality. The
nearest municipality is the Town of Pierce which is approximately
3.4 miles southwest of the proposed Pierce North mine site.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The proposed facility does not lie in a FEMA
designated floodplain or floodway. The Lone Tree Creek channel bisects
the site and is an ephemeral stream that is typically dry all year, flowing
only after larger rainstorms. A FIRM Community Panel Map does not
map this location; therefore, a Flood Hazard Development Permit will not
be required. Building permits issued will be required for all on -site
electrical facilities and associated equipment.
f. Section 23-2-230.B.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 "Other Lands", as
delineated on the Important Farmlands of Weld County Map, dated 1979.
Section 22-5-80.A.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 23-2-230.B.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 the 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 of the Weld County Code.
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SPECIAL REVIEW PERMIT #1716 - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of the Weld County Department of Public Works for
a Site Specific Development Plan and Use by Special Review Permit #1716 for Open Pit Mining
(dry mining — North Pierce Pit) and Materials Processing of Construction Materials in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit a detailed Signage Plan, in compliance with
the Weld County Code, to the Department of Planning Services.
The applicant shall attempt to address the concerns of the Colorado
Division of Wildlife (CDOW), as indicated in the referral dated
September 14, 2009. Evidence of such must be submitted to the
Department of Planning Services.
The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
September 29, 2009. Evidence of approval shall be submitted, in writing,
to the Department of Planning Services.
The applicant shall submit an updated Dust Abatement Plan, for review
and approval, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Evidence of
Health Department approval shall be provided to the 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 of the Colorado Department of Health and Environment, if
applicable.
F. In the event the washing of vehicles will occur on the site, the applicant
shall ensure that any vehicle washing areas 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 shall be
designated on the plat.
In the event that one (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 Division of the Weld County Department of Public Health and
Environment. Alternately, the applicant may provide evidence that they
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are not subject to this requirement. Evidence of approval shall be
submitted to the Department of Planning Services.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1716.
2) The location and size of any on -site signs.
3) The approved Landscape Plan.
4) If exterior lighting is a part of this facility, all light standards shall
be delineated, in accordance with Section 23-3-250.B.6 of the
Weld County Code.
5) Oil and gas encumbrances, including gathering lines with
appropriate setbacks, shall be delineated on the plat.
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 which will prevent trash from being scattered by
wind or animals.
7) A tracking control device is required to prevent the tracking of mud
onto the County road. The tracking control device should be a
double cattle guard or the equivalent.
8) A 60 -foot radius is required on all accesses to public roads
designed to accommodate truck traffic.
9) The applicant shall indicate, on the applicable drawings, where
any imported material will be stored.
10) The applicant shall indicate the size of riprap and add "Turf
Reinforcement Mat for the Pond Outlet Spillway and Surface
Runoff Inlet Swales" on the applicable drawings.
11) The applicant shall delineate a channel connecting Lone Tree
Creek, from the north of the property to the south, to allow
nuisance flows to pass through the site during mining.
12) County Roads 96 and 37 are designated on the Weld County
Road Classification Plan as local gravel roads, which require 60
feet of right-of-way at full buildout. The applicant shall verify and
delineate, on the plat, the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the
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edge of future right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. These roads are maintained by Weld
County.
2. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
3. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
4. The applicant shall be responsible for the attached Development Standards for
the Use by Special Review Permit, and they shall be adopted and placed on the
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 office of the
the Weld County Clerk and Recorder, within thirty (30) days of approval by the
Board of County Commissioners.
5. 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 of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT #1716 - WELD COUNTY DEPARTMENT OF PUBLIC WORKS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 2009.
ATTEST:
Weld County Clerk to the B
BY: X ft
Deputy Clerk to the Board j
�fJ -7
APPROVEd AS,O ORM:
/I1CUIS?
Sean P. Conway
dunty Attorney
Date of signature:
II LAC
BOARD OF COUNTY COMMISSIONERS
ELD CO poi: , OLORADO
Dougla
er, Pro -Tern
FXCIISFD
Barbara Kirkmeyer
David E. Long
2009-3213
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD COUNTY DEPARTMENT OF PUBLIC WORKS
USR-1716
1. A Site Specific Development Plan and Use by Special Review Permit #1716 is for Open
Pit Mining (dry mining — North Pierce Pit) and Materials Processing of Construction
Materials in the A (Agricultural) Zone District subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. 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.
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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, 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.
9. Adequate drinking, hand washing and toilet facilities shall be provided for all personnel
located at, or entering, the facility.
10. Portable toilets may be utilized on sites which are temporary locations of the working
face.
11. Bottled water shall be provided to employees at the temporary locations of the working
face.
12. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner which will prevent nuisance conditions.
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PAGE 2
13. The applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division, as
applicable.
14. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The hours of operation for the sand and gravel operations are limited to the hours of
daylight, except in the case of a public or private emergency, or to make necessary
repairs to equipment. Mining and hauling hours shall occur between the hours of
6:00 a.m., to 4:30 p.m., during summer months, and between the hours of hours of
7:00 a.m., to 3:30 p.m., during winter months. Operations may be extended with specific
permission from the Weld County Board of County Commissioners. This restriction shall
not apply to operation of administrative and executive offices or repair and maintenance
facilities located on the property.
17. The number of employees on the site at one time shall not exceed twenty (20).
18. Existing vegetative cover along public roads 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.
19. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over
the reclaimed areas.
20. 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 of the Weld County Code.
21. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
22. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
23. A 60 -foot radius is required on all accesses to public roads, designed to accommodate
truck traffic.
24. The applicant shall comply with all Colorado Department of Public Health and
Environment regulations regarding berming and spill prevention for materials and liquids
stored on the site.
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25. The applicant shall comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality,
permitting and protection, and construction stormwater discharges.
26. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Open -Mining
Standards of Section 23-4-250 of the Weld County Code.
30. Weld County Government personnel 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.
31. The Use by 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.
32. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review activity 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
Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by
Special Review.
33. 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.
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