HomeMy WebLinkAbout20091400.tiffINVENTORY OF ITEMS FOR CONSIDERATION
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Applicavvt Aggregate Iwdustries
case Number 2e.e' AvwvSR 8y7
subvuitted or Prepared
Prior to At
tteariwg Hearing
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Staff f cowcvwewts
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Departvwewt of PLa wwlwg services Field C./bee/4z Forvt&
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Plawwlwg covww,lsslower Field Check Form,
Letter to Applicant, datedJawuaru 14, 200_9
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Affidavit of slgw postLv g
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Legal Notifications
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Appllcatiow
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Maps
Deed/ Easen&ewt certificate
su-rouwdlw@ Propertu / Mlweral Owners
utilities
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Referral Llst
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Referrals without covwwtewt
weld Couwt�u sheriffs office, referral dated November 14, 2002
North weld couwtu water dLstrLet, referral dated November 19, 2002
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Referrals with covwvuewts — 9
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weld couwtu0 z,owrwg cowcpdawee, referral dated November 13- , 2002
Town of vvMdsor, referral dated November 17, 2002
vv,Low CoLowuu Fire rescue Authoritu, referral dated November 18, 2002
DCP Midstreaw,. referral dated November 24, 2002
wlwdsor-severance Fire Proteetlow District referral dated November 25,
2002
nepartvwevet of guCldi.wg iwspectLow, referral dated November 25, 2002
weld Couwtu� school District RE -4, referral dated December 2, 2002
cite of c,reele�u referral dated necewtber 12, 2002
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weld couwtOu Departvuewt of Public rteaLth awd Ev v[rowv&eut referral dated
Decevnber 12, 2002
Departvuewt of pubLLc Wovzs, S ✓s j rr„'^e"^ 6111,O11dated Decevi&beris, 2002
Departvuewt of PubLLc wortzs, survey DLvLsLok, evuaiL dated necevuber15, 2002
ci.t of cireeleelectrowta vuaLL referral dated Mau 15, 20Q9
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Correspowdewce
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Letter of Dppos[tLow [C. c,oetzeL] dated necevuber 29, 2002
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Letter of opposittow [a. Cawwow] with printed electrow6c photocraphtc tvuases
dated Decevuber so, 2008
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Letter frown. AppLLacl t O[L ov4 cias MCweraL NotLce dated Mou 20, 200_9
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Letter of oppostttow, [K. Lawrewce] uwdated, receLved vLa eLectrowtc vwaL
ow MaU 2_9, 2009
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Letter of oppos[t[ow [R. sears] dated MCI uj 28, 2009
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hereb j ter -U. -1u that the is items identified ed hereLv, were submitted to the Department of PLaww%wy
services at or pn-or to the schedule .PLawwCwy aovww,.Csstowers hearLws.
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COLORADO
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Planner: Kim Ogle
Case Number: 2nd AmUSR-897
Hearing Date: June 2, 2009
Applicant: Aggregate Industries
1707 Cole Boulevard
Golden, Colorado 80401
Request:
Legal Description:
Location:
LAND USE APPLICATION
SUMMARY SHEET
A Site Specific Development Plan and a Second Amended Special Review
Permit for a Mineral Resource Development facility including open pit gravel
mining and materials processing including concrete and asphalt recycling, and a
concrete and asphalt batch plant facility in the A (Agricultural) Zone District
The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section 29,
Township 6 North, Range 66 West; All that part of the N2 and the N2S2; A
portion of the E2NE4 of Section 32, Township 6 North, Range 66 West together
with a parcel in the SW4 NW4 of Section 33, Township 6 North, Range 66 West
also known as Lot B, RE -1539; together with a parcel in NW4 SW4; and Lots A
and B or RE -978 being the NW4NW4 of Section 33, Township 6 North, Range 66
West; part of the E2NE4 of Section 32, Township 6 North, Range 66 West; and a
parcel of land in the SE4 NE4 of Section 32, Township 6 North, Range 66 West
all in the 6th P.M., Weld County, CO
Generally located East of and adjacent to County Road 27 (83rd Avenue); North
and South of and adjacent to County Road 64 ("O" Street); west of County Road
29 (71St Avenue) and North of the Cache La Poudre River
Size of Parcel: 470 acres, more or less, 262 acres to be mined
Parcel Number: 0805-29-3-00-009; 0805-29-0-00-048; 0805-32-0-00-051; 0805-33-0-00-003;
0805-33-0-00-001; 0805-32-0-00-058; 0805-32-1-00-072; 0805-32-0-00-074
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 without comments from the following
agencies:
Weld County Sheriffs Office, referral dated November 14, 2008
North Weld County Water District, referral dated November 19, 2008
Aggregate Industries, 2 AmUSR-897, f'r:aa: 1
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The Department of Planning Services' staff has received responses with comments from the following
agencies:
• Union Colony Fire and Rescue Authority, referral dated November 11, 2008
• Weld County Code Compliance, referral dated November 13, 2008
• Colorado Department of Reclamation Mining Safety, referral dated November 13, 2008
• Town of Windsor, referral dated November 17, 2008
• DCP Midstream referral dated November 24, 2008
• Windsor Severance Fire Protection District, referral dated November 25, 2008
• Weld County Department of Building Inspection, referral dated November 25, 2008
• Weld County School District RE -4 referral dated December 2, 2008
• Weld County Department of Public Health & Environment, referral dated December 12, 2008
• City of Greeley, referral dated December 12, 2008 and May 14, 2009 Electronic Mail
• Weld County Department of Public Works, referrals dated December 24 and 29, 2008
The Department of Planning Services' staff has not received responses from the following agencies:
• United States Army Corps of Engineers
• State of Colorado Water Conservation Board
• State of Colorado, Division of Water Resources
• State of Colorado, Division of Wildlife
• Central Colorado Water Conservancy District
• West Greeley Soil Conservation District
• Union Pacific Railroad
• Whitney Irrigation Ditch Company
• Qwest Telephone
• Xcel Energy
• Greeley No. 3 Ditch Company
• Jones Ditch Company
• Storm Lake Drainage
• Town of Severance
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Aggregate Industries, 2 AmUSR-897, rage 2
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: 2nd AmUSR-897
Hearing Date: June 2, 2009
Applicant: Aggregate Industries
1707 Cole Boulevard
Golden, Colorado 80401
Request:
Legal Description:
Location:
A Site Specific Development Plan and a Second Amended Special Review
Permit for a Mineral Resource Development facility including open pit gravel
mining and materials processing including concrete and asphalt recycling, and a
concrete and asphalt batch plant facility in the A (Agricultural) Zone District
The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section 29,
Township 6 North, Range 66 West; All that part of the N2 and the N2S2; A
portion of the E2NE4 of Section 32, Township 6 North, Range 66 West together
with a parcel in the SW4 NW4 of Section 33, Township 6 North, Range 66 West
also known as LOT B, RE -1539; together with a parcel in NW4 SW4; and Lots A
and B or RE -978 being the NW4NW4 of Section 33, Township 6 North, Range 66
West; part of the E2NE4 of Section 32, Township 6 North, Range 66 West; and a
parcel of land in the SE4 NE4 of Section 32, Township 6 North, Range 66 West
all in the 6th P.M., Weld County, CO
Generally located East of and adjacent to County Road 27 (83rd Avenue); North
and South of and adjacent to County Road 64 ("O" Street); west of County Road
29 (71st Avenue) and North of the Cache La Poudre River
Size of Parcel: 470 acres, more or less, 262 acres to be mined
Parcel Number: 0805-29-3-00-009; 0805-29-0-00-048; 0805-32-0-00-051; 0805-33-0-00-003;
0805-33-0-00-001; 0805-32-0-00-058; 0805-32-1-00-072; 0805-32-0-00-074
Aggregate Industries, met with staff to discuss the referral comments associated with this proposal. The
applicant's have submitted a follow-up response to the referrals dated April 28, 2009 and are included
herein.
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:
Aggregate Industries, 2 AmUSR-897, l'39,? 3
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Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.6 (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources." The proposed use would be compatible with surrounding
properties which include agricultural lands, river bottom lands and floodplain designated
lands. Further, Colorado State Statute § 34-1-305 addresses the preservation of
commercial mineral deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any
city and county, city, or town, or other governmental authority which has control
over zoning shall, by zoning, rezoning, granting a variance, or other official action
or inaction, permit the use of any area known to contain a commercial mineral
deposit in a manner which would interfere with the present or future extraction of
such deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners, governing body of any city and county, city, or
town, or other governmental authority which has control over zoning shall, by
zoning, rezoning, granting a variance, or other official action or inaction, permit
the use of any area containing a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit by an
extractor."
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(3)
"Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any
other governmental authority which has control over zoning from zoning or
rezoning land to permit a certain use, if said use does not permit erection of
permanent structures upon, or otherwise permanently preclude the extraction of
commercial mineral deposits by an extractor from, land subject to said use."
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
(5)
"Nothing in this section shall be construed to prohibit a use of zoned land
permissible under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any
other governmental authority from acquiring property known to contain a
commercial mineral deposit and using said property for a public purpose; except
that such use shall not permit erection of permanent structures which would
preclude permanently the extraction of commercial mineral deposits."
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a
Site Specific Development Plan and an Amended Special Review Permit for a Mineral
Resource Development facility including open pit gravel mining and materials processing
including concrete and asphalt recycling, and a concrete and asphalt batch plant facility
in the A (Agricultural) Zone District.
Aggregate Industries, 2 AmUSR-897, rag_ 4
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C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site consists of irrigated farmland and pasture land
with a majority of the site located within the 100 -year floodplain. There are riparian areas
composed of wetland and woody plant material adjacent to the Cache La Poudre River.
There are improvements in the form of the concrete and asphalt batch plants on the site.
Surrounding property uses include farmland and rural residential developments to the
north, east and west. The Orr Minor Subdivision (Rocky Road) is directly south of County
Road 64 and one half mile east of County Road 27; to the south is the Poudre River
Ranch residential PUD within the City of Greeley's Corporate City Limits. West of County
Road 27 (83rd Avenue) is an existing Hall -Irwin asphalt and concrete batch plant
(AmUSR-1125), and to the east of County Road 29 (71st Avenue) is the Buxman gravel
mine (USR-900) and the former Lowell -Paul Dairy.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The surrounding property is primarily agricultural in nature. An
existing sand and gravel operation exists to the west. Bracewell PUD is located to the
north. The City of Greeley and the Cache La Poudre River are located adjacent to the
south. Compatibility with surrounding land uses will be assured by setbacks, noise
limitations, landscaping measures and Conditions of Approval and Development
Standards. The City of Greeley in their referral dated December 12, 2008 and updated
referral of May 14, 2009 requested that the applicant discuss the location of the access to
the conveyor crossing; reclamation of the land near the river; and mining proximity to
ensure integrity of the Greeley sewer line. The Town of Windsor returned a referral
dated November 17, 2008 indicating no conflict with their interests and the Town of
Severance did not return a referral.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code. The proposal is located within the Flood Hazard Overlay District area as
delineated on FIRM Community Panel Map #080266-0608D and 080266-0609D dated
September 27, 1991 for the Floodplain. An amended Flood Hazard Development Permit
number AmFHDP-359 has been submitted and is conditionally accepted by the
Department of Public Works. Building Permits issued on the Lots will be required to
adhere to the following fees.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The property to be
mined contains no "Prime" agricultural lands, thus, no prime farm land will be taken out of
production with this proposal. The subject site is primarily classified as other land as
delineated on the Important Farmlands of Weld County map, dated 1979. Section 22-5-
80A.1.CM.Policy 1.2. states "Conserve lands which contain commercial mineral deposits
("aggregate") for potential future use 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
Aggregate Industries, 2 AmUSR-897, Page 5
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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 has been addressed
through this application and the Development Standards will insure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Service's staff recommendation for approval is conditional upon the
following:
The plat shall be amended to delineate the following:
A. The location of any on -site signs in compliance with the Weld County Code. (Department
of Planning Services)
B. The location of all utility easements and utility corridors. (Department of Planning
Services)
C. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be
delineated on the plat. (Department of Planning Services)
D. Setbacks to the mining operation are measured from the right-of-way or future right-of-
way lines plus the standard setback of 20 feet in the agricultural zone district. No
structure will be allowed in the future right-of-way. A slurry wall or retaining wall is
considered a structure. (Department of Planning Services)
E. County Road 27 (83rd Avenue, Two Rivers Parkway) is designated on the Weld County
Road Classification Plan as a Strategic roadway, which requires140 feet of right-of-way
at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be
delineated on the plat as future dedicated County Road 27 right-of-way. All setbacks shall
be measured from the edge of future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
County Road 64 is designated on the Weld County Road Classification Plan as a Major
Arterial road, which requires 140 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future
dedicated County Road 64 right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County. (Department of Public Works)
G. County Road 29 (71st Avenue) is designated on the Weld County Road Classification
Plan as a Major Arterial road, which requires 140 feet of right-of-way at full build out.
Aggregate Industies, 2 AmUSR-897, Page r,
There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the
plat as future dedicated County Road 29 right-of-way. All setbacks shall be measured
from the edge of future right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County. (Department of Public
Works)
H. The "O" Street Arterial Corridor Study, (October 2008) identifies Alternate C as the
approved alignment, which extends "O" Street (County Road 64) directly west through
the intersection. This alignment should be shown on the plat drawing and identified as the
approved alignment. (Department of Public Works)
All rights -of -way for County Road 27, County Road 64 and County Road 29 shall be
noted and placed on the plat drawing as future dedicated right-of-way. (Department of
Public Works)
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public Works, as
stated in their referral responses dated December 24, 2008 and December 29, 2008.
Unresolved issues include the requirements of the new temporary access point from
County Road 29, the State Highway 34 and County Road 27 intersection improvements,
and the updated Maintenance and Improvements Agreement. Also, requested
amendments to the Drainage Report dated September 23, 2008. Evidence of approval
with all conditions met or mitigated shall be submitted in writing to the Department of
Planning Services. (Department of Public Works)
B. The applicant shall address the requirements of the Department of Public Health and
Environment, as stated in their referral response dated December 12, 2008. Evidence of
approval with all conditions met or mitigated shall be submitted in writing to the
Department of Planning Services. (Department of Public Health and Environment)
C. The applicant shall attempt to address the requirements of the Windsor Severance Fire
Protection District, as stated in their referral response dated November 25, 2008.
Evidence of applicant's attempt to address the requirements shall be submitted in writing
to the Department of Planning Services. (Windsor Severance Fire Protection District)
D. The applicant shall attempt to address the comments of the City of Greeley, as stated in
their referral response dated December 12, 2008 and the updated electronic mail referral
of May 14, 2009. Evidence of such shall be submitted in writing to the Department of
Planning Services. (City of Greeley)
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E. 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
future surface uses." Section 22-5-100.A OG.Policy 1.1 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-
5-100.6.8 OG.Policy 2.8 of the Weld County Code also states "oil and gas drilling
activities should be planned to accommodate current and future surface activities to the
extent such development can be reasonably 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. (Department of Planning Services)
Aggregate Industries, 2 AmUSR-897, rage 7
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F. The existing septic system (SP -0100206) 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. (Department of Public Heath and Environment)
G. With the reclassification of the roadway and the new alignment study, the Department of
Public Works recommends a redraft the original agreement dated March 15, 1999, to
bring this document to a more current status. Public Works will provide Aggregate
Industries with a new draft copy for review and signature. (Department of Public Works)
H. All maps and documents, including the Drainage Report submitted for the case file and
also for recording shall be signed and dated and stamped by a professional engineer
licensed to practice in the State of Colorado. (Department of Public Works)
The applicant shall complete an 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 and by County Staff and accepted
approved by the Board of County Commissioners prior to recording the 2ND Amended
USR plat; or, the applicant may submit evidence that all the work has been completed
and approved by County staff. (Department of Planning Services)
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3. Prior to Operation:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing a wet stamp of a Colorado registered architect of
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)
B. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
C. The applicant shall provide a copy of the approved NPDES permit and the approved
SWWP plan to the Department of Planning Services. (Department of Public Works)
D. The conveyor crossing being approximately 12 feet wide by 10 feet tall with 5' of cover
under "O" Street (County Road 64) extending beyond the future right-of-way/alignment
limits. The two-week notice prior to obtaining a Right -of -Way Permit and Construction of
the crossing for notice of road closure shall be required. Contact Amy Burry, Public
Works, to obtain the appropriate permit and to schedule road closures. A message board
shall be placed at the appropriate two locations advising motorist utilizing this roadway to
expect closure and to seek alternate routes. (Department of Public Works)
E. There will be limited access to the alternate area north of "O" Street (County Road 64) for
equipment and employees. Both sides of the access point will have a tracking pad
installed, may also be used intermittently for short-term hauling of overburden to portions
of the mining area on the south side of the street and used for reclaiming. The second
temporary access will be located along 715` Avenue, (County Road 29) for internal mining
set up as well as access for equipment and employee excavation activities. Both
temporary access points shall have tracking pads, coordinated with Amy Burry and a
Aggregate Industries, 2 AmUSR-897, Page 8
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Right -of -Way permit assigned to both locations with appropriate signing and notification,
if needed. (Department of Public Works)
4. Prior to Construction:
A. The applicant shall address the requirements of the Department of Building Inspection,
as stated in their referral response dated November 25, 2008. Evidence of approval with
all conditions met or mitigated shall be submitted in writing to the Department of Planning
Services. (Department of Building Inspection)
B. The applicant shall complete an 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 2ND Amended USR plat; or, the
applicant may submit evidence that all the work has been completed and approved by
County staff. (Department of Planning Services)
5. The Second Amended Special Review activity, on the amendment properties, shall not occur nor
shall any building permits be issued on the property until the Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services)
6. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Second Amended 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 190 days of approval by the Board of County
Commissioners. (Department of Planning Services)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the
Second Amended Special Review Plat not be recorded within (180) 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)
SITE SPECIFIC DEVELOPMENT PLAN
Aggregate Industries, 2 AmUSR-897, Page 9
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SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Aggregate Industries — Riverview Resource
2nd AMUSR-897
1. A Site Specific Development Plan and a Second Amended Special Review Permit for a Mineral
Resource Development facility including open pit gravel mining and materials processing
including concrete and asphalt recycling, and a concrete and asphalt batch plant facility 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 "waste handling plan". (Department of Public
Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the dust abatement plan at all times. (Department of Public
Health and Environment)
8. 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. (Department of Public Health and
Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
10. 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)
11. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etc. for up to six months at each location. (Department of Public
Health and Environment)
12. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
Aggregate Industries, 2 AmUSR$97, Page I0
•
(Sharkstooth Water) (Department of Public Health and Environment)
14. 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)
15. All pesticides, fertilizer, and other 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)
16. The applicant shall obtain a storm water discharge permit from the Colorado Department of
Public Health & Environment, Water Quality Control Division, as applicable. (Department of
Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining Safety. (Department of Public Health and Environment)
18. 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)
19. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
20. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
• 21. 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)
22. 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)
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23. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify
the boundaries of the site. (Department of Planning Services)
24. Lighting provided for security and emergency night operation on the site shall be designed so that
the lighting will not adversely affect surrounding property owners in compliance with Section 23-3-
360.f of the Weld County Code. (Department of Planning Services)
25. The hours of operation for sand and gravel operations are limited to the hours of day light except
in the case of public or private emergency or to make necessary repairs to equipment. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of administrative and executive
offices or repair and maintenance facilities located on the property. (Department of Planning
Services)
26. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the
reclaimed areas. (Department of Planning Services)
27. 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)
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28. All traffic utilizing the existing processing area will continue to use the existing main access point
off of 83r° Avenue (County Road 27) with the primary haul routes being on 83r° Avenue South to
State Highway 34 Business and North/West to County Road 27, East to County Road 31 (Haul
Route).(Department of Public Works)
29. 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 a velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
30. The site must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
31. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of
the United States which may include streams, open water lakes and ponds or wetlands at this
site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the
project for proper department of the Army permits or changes in permit requirements pursuant to
Section 404 of the Clean Water Act. (Department of Planning Services)
32. The landscaping on site shall be maintained in accordance with the approved Landscape,
Screening and Berm Plan. (Department of Planning Services)
33. A building permit shall be obtained prior to the construction or placement of any structure such
as a scale, concrete and asphalt plant, office, concrete casting facility, recycling plant, office
trailer and any other structures placed on the parcels. An electrical permit will be required for any
electrical service to equipment. A plot plan shall be submitted when applying for building permits
showing all structures with accurate distances between structures, and from structures to all
property lines. (Department of Building Inspection)
34. A plan review is required for each building for which a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit. (Department of Building Inspection)
35. Buildings shall conform to the requirements of the current building regulations that has been
adopted at time of building permit application, or the 2006 International Building Code and
Chapter 29 of the Weld County Code, as amended. (Department of Building Inspection)
36. Each structure set on a foundation will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
37. Building wall and opening protection and limitations and the separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
38. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and
to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in
order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
•
39. The conditions of approval for Amended Flood Hazard Development Permit shall be adhered to
for all buildings, stockpiling and berming in the 100 -year flood plain. (Departments of Building
Inspection and Planning Services)
40. 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)
41. 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)
42. Should human remains be discovered during mining activities, the requirements under State law
C.R.S. part 13 apply and must be followed. (Colorado Historical Society, Department of Planning
Services)
43. The number of employees associated with the daily operations is limited to 35 persons.
(Department of Planning Services)
44. Existing trees, shrubs and ground cover adjacent to public road frontage and drainageways 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)
45. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
• 46. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
47. The property owner or operator shall be responsible for complying with the Open -mining
Standards of Section 23-4-250, Weld County Code.
48. 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.
49. 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.
50. 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)
51. 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
•
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be reason for revocation of the Permit by the Board of County Commissioners. (Department of
Planning Services)
Aggregate Industries, 2 AmUSR-897, Page 14
•
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WID€.
COLORADO
May 12, 2009
Aggregate Industries, WCR Inc.
1707 Cole Blvd
Golden CO 80401
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: 2n° AmUSR-897- A Site Specific Development Plan and Second Amended Use by Special Review Permit for
Mineral Resource Development, including Open Pit Mining and Materials Processing, including Concrete and Asphalt
Recycling, and a Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District on a parcel of land
described as the W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section 29, T6N, R66W. All that part
of the N2 and the N2S2; A portion of the E2NE4 of Section 32, T6N, R66W together with a parcel in the SW4 NW4 of
Section 33, T6N, R66W also known as Lot B, RE -1539; together with a parcel in NW4 SW4; and Lots A and B of RE -978
being the NW4NW4 of Section 33, T6N, R66W; part of the NE4 of Section 32, T6N, R66W; and a parcel of land in the
SE4 NE4 of Section 32, T6N, R66W all in the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 2, 2009, at 1:30 p.m. This meeting
will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A
subsequent hearing will be held on June 17, 2009, 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 packets one week prior to the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
Respectfully,
oetplxki
Kim Ogle
Planner
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EXHIBIT A
Legal Description
LEGAL DESCRIPTION CELL A:
PARCEL 1.
WELD COUNTY PARCEL NUMBER: 080529300009
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING SOUTH OF THE
RAILROAD BEING DESCRIBED AS THAT STRIP OF LAND CONVEYED IN DEED RECORDED
SEPTEMBER 5, 1881 IN BOOK 31 AT PAGE 324.
ALSO EXCEPTING THAT PARCEL OF LAND CONVEYED IN DEED RECORDED AUGUST 2,1972 AT
RECEPTION NO. 1594788.
PARCEL 2
WELD COUNTY PARCEL NUMBER. 080529000048
THAT PORTION OF LOT A OF RECORDED EXEMPTION NO. 0805 -29 -3 -RE -247, RECORDED MARCH 3,
1977 IN BOOK 791 UNDER RECEPTION NO. 1712693, BEING A PART OF THE E1/2, SW1/4, SECTION
29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO, LYING SOUTH OF THE RAILROAD RIGHT-OF-WAY DEEDED TO THE GREELEY SALT
LAKE AND PACIFIC RAIL ROAD COMPANY BY DEED RECORDED AUGUST 1, 1881 IN BOOK 31 AT
PAGE 289.
4 Y � (o.00, k.
LEGAL DESCRIPTION CELL B: `-
WELD COUNTY PARCEL NUMBER: 080532000051
ALL THAT PART OF THE N 1/2 AND THE N 1/2 OF THE S 1/2 OF SECTION 32, TOWNSHIP 6 NORTH,
RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING NORTH OF
THE CACHE LA POUDRE RIVER AND WEST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 AND CONSIDERING THE NORTH
LINE OF SAID SECTION 32 TO BEAR NORTH 90° 00' 00" WEST AND WITH ALL OTHER BEARINGS
DESCRIBED HEREIN BEING RELATIVE THERETO;
THENCE NORTH 90° 00' DO" WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF
1,918.10 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00° 45' 07" EAST, 1,140.00 FEET, MORE OR LESS TO THE EXISTING CENTER OF
THE CACHE LA POUDRE RIVER AND THE TERMINUS OF THE LINE;
EXCEPT THAT PARCEL OF LAND AS CONVEYED TO ROXENA VON TROTHA BY WARRANTY DEED
DATED NOVEMBER 18, 1965 AND RECORDED NOVEMBER 24, 1965, IN BOOK 554 AS RECEPTION
NO. 1476288, WELD COUNTY RECORDS,
EXCEPT THAT PARCEL OF LAND AS CONVEYED TO D AND E INVESTMENT COMPANY BY QUIT
CLAIM DEED DATED NOVEMBER 27, 1974 AND RECORDED NOVEMBER 29, 1974 IN BOOK 727 AS
RECEPTION NO. 1649367, WELD COUNTY RECORDS.
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EXCEPT THAT PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO, A BODY CORPORATE
AND POLITIC IN WARRANTY DEED RECORDED JUNE 12, 1980 IN BOOK 905 AS RECEPTION NO.
1827326, DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE W 1/2 OF SECTION 32, TOWNSHIP 6
NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 32 AND RUNNING ALONG THE WEST LINE
OF SECTION 32 SOUTH 00° 00' 19" WEST, 2,249.00 FEET MORE OR LESS TO THE CENTER OF THE
CACHE LA POUDRE RIVER; THENCE SOUTH 71° 00' 00" EAST ALONG THE CENTER OF THE CACHE
LA POUDRE RIVER 31.73 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27 TO
THE POINT OF BEGINNING;
THENCE SOUTH 71° EAST ALONG THE CENTER OF THE CACHE LA POUDRE RIVER 8.85 FEET TO A
POINT;
THENCE NORTH 00° 45' 56" WEST, 622.93 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 27;
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27, SOUTH 00° 00' 19"
WEST, 619.99 FEET TO THE TRUE POINT OF BEGINNING.
LEGAL DESCRIPTION CELL C:
PARCEL 1:
WELD COUNTY PARCEL NUMBER: 080533000003
BEING A PORTION OF THE E 1/2 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66
WEST OF THE 6TH P.M., LYING NORTH OF THE CENTERLINE OF THE CACHE LA POUDRE RIVER
AND ALSO THAT PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 6 NORTH,
RANGE 66 WEST OF THE 6TH P.M., LYING NORTH OF THE CACHE LA POUDRE RIVER, COUNTY OF
WELD. STATE OF COLORADO, ALSO KNOWN AS LOT B OF RECORDED EXEMPTION NO. 0805 -32 -1 -
RE 1539, RECORDED OCTOBER 28, 1993 IN BOOK 1408 AS RECEPTION NO. 2357087.
TOGETHER WITH A PARCEL OF LAND SITUATE IN THE NW 1/4 OF THE SW 1/4 OF SECTION 33,
TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE
SW 1/4 OF THE NW 1/4 OF SECTION 33 AS BEARING NORTH 89° 52' 39" WEST AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF
THE SW 1/4 OF THE NW 1/4 OF SAID SECTION 33;
THENCE ALONG THE SOUTH LINE OF SAID SW 1/4 NORTH 89° 52' 39" WEST 32.23 FEET TO A POINT
ON THE WESTERLY BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN
BOOK 1246 AS RECEPTION NO. 2194429, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89° 52' 39" WEST 162.19 FEET, MORE OR
LESS, TO A POINT ON THE APPROXIMATE CENTERLINE OF THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID CENTERLINE OF THE CACHE LA POUDRE RIVER SOUTH 40° 31' 38" EAST
244.70 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN
BOOK 1246 AS RECEPTION NO. 2194429;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID BOOK 1246 AS RECEPTION NO. 2194429
NORTH 00° 58' 55" EAST 185.68 FEET TO A POINT ON THE SOUTH LINE OF THE SW 1/4 OF THE NW
1/4 OF SECTION 33 AND THE TRUE POINT OF BEGINNING.
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EXHIBIT G-4
GROUNDWATER MONITORING AND MITIGATION PLAN
PURPOSE
This Groundwater Monitoring and Mitigation Plan presents the methods for monitoring of
groundwater during mining and reclamation, and for mitigating groundwater impacts due to
mining. This Plan is prepared for incorporation into the Colorado Division of Reclamation,
Mining and Safety amended permit (DRMS Permit No. M-1999-098) for the Aggregate
Industries' Riverview Resource operation. Aggregate Industries-WCR, Inc. has an existing
gravel pit well permit (Well Permit No. 62555-F) for this facility and operates under Aggregate
Industries South Platte Combined Replacement Plan, which covers depletions caused by gravel
mining operations at multiple mine sites operated by Aggregate Industries, including the
Riverview Resource site (aka W. W. Farm Pit). The gravel pit will permit and temporary
substitute water supply plan will be amended with the State Engineer's Office as necessary to
address any additional depletions resulting from operations as they occur within the amendment
areas.
GROUND WATER MONITORING
MonitorinE Well Installation
In December, 2001, thirteen monitoring wells (MW -1 through MW -13) were installed at the
Riverview Resource site and a monthly water level monitoring program began. Thirteen (13)
months of data were collected from these wells prior to commencement of de -watering of the
existing, permitted site in January, 2003. Measurements of these wells has continued on a
monthly basis throughout operations on the existing permitted site and data collected is
submitted annually to the DRMS together with the annual fee and report for M-1999-098. In
January of 2008, seven (7) additional monitoring wells, MW -14 through MW -20, were installed
and incorporated into the monthly monitoring program. Monitoring wells will continue to be
monitored on a monthly basis until reclamation is complete and the DRMS releases the financial
warranty bond, or portions thereof for which certain well monitoring data is no longer deemed
necessary by DRMS.
All monitoring wells were installed outside the limits of mining so that groundwater could be
monitored during and after mining. Locations of the wells are shown on Exhibit C Pre -Mining
and Mining Plan Maps.
The objectives of the well installation and monitoring program are to monitor groundwater
conditions and provide a basis for assessing the impacts of mining on surrounding groundwater.
Through the well monitoring program, pre -mining groundwater elevations, flow patterns across
and near the property, and seasonal fluctuations have been, and will continue to be, documented.
Aggregate Industries-WCR, Inc. - Riverview Resource - 1 -
Groundwater Monitoring and Mitigation Plan
February 11, 2008
• Wells Within 600 Feet
Owners of wells within 600 feet of existing permitted extraction cells have previously signed a
600 -Foot Well Spacing statement and/or been notified of the gravel pit well permit for existing
permitted operations. Additional well owners identified within 600 feet of the proposed
amendment areas will receive notification in conjunction with a new well permit application. If
requested by the well owner, Aggregate Industries will attempt to measure water levels in these
wells prior to mining.
GROUNDWATER MITIGATION
Monitoring data will be used to identify potential changes in alluvial groundwater flow or
elevation associated with mining and reclamation activities. Baseline data collected from the
monitoring program will provide a range of relative water levels associated with pre -mining
groundwater conditions. Experience at other sand and gravel mine sites in similar geologic
settings has found that groundwater levels tend to fluctuate between two to four feet each year,
being highest in the summer and lowest in the winter and early spring.
•
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• If, during mining, the relative seasonal groundwater elevation at any of the domestic
wells or monitoring wells differs from the baseline conditions by more than two feet, and
the condition was not observed during baseline monitoring, or if Aggregate Industries
receives a complaint from any well owner within 600 feet from the site boundary, then
Aggregate Industries will evaluate the cause and take action within 30 days and notify
DRMS.
• After DRMS has been notified, Aggregate Industries will review the available data and
information and submit a report to DRMS within 30 days. The evaluation will include
discussions with any well owner who has contacted Aggregate Industries regarding a
concern and review of baseline data from the well and vicinity to evaluate whether
changes may be due to seasonal variations, climate, mining, or other factors. The report
will identify the extent of potential or actual impacts associated with the changes. If the
extent of groundwater changes due to mining or reclamation activities is determined to be
a significant contributing factor that has or may create adverse impacts, the mining
associated impacts will be addressed to the satisfaction of the DMG.
• Aggregate Industries will begin to implement one or more mitigation measures if mining
and reclamation activity is determined to be a significant contributing factor to
groundwater changes requiring mitigation. If, however, a subject well has not been put to
beneficial use prior to mining, then Aggregate Industries would have no responsibility to
provide mitigation.
• Mitigation measures may include, but are not limited to:
Cleaning a well to improve efficiency.
Aggregate Industries-WCR, Inc. - Riverview Resource - 2 - February 11, 2008
Groundwater Monitoring and Mitigation Plan
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Providing an alternative source of water or purchasing additional water to support
historic well use in terms of water quantity and quality. If needed, water quality
parameters will be checked in affected wells to ensure alternative sources support
the historic use.
Modifying a well to operate under lower groundwater conditions. This could
include deepening existing wells or lowering the pumps. All work would be done
at Aggregate Industries' expense with the exception of replacing equipment that
was non-functional prior to mining.
If existing wells cannot be retrofitted or repaired: replacing the impacted well
with a new replacement well.
Providing flood irrigation to address concerns over impacts to sub -irrigated lands
adjacent to the site.
• If a groundwater mitigation action is required, Aggregate Industries will notify the
DRMS of the condition, action taken and result.
Aggregate Industries-WCR, Inc. - Riverview Resource - 3 -
Groundwater Monitoring and Mitigation Plan
February 11, 2008
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%,;
W1�Yc.
COLORADO
December 22, 2008
Ms. Barbara Brunk
Resource Conservation Partners, LLC
Post Office Box 1522
Longmont, Colorado 80502
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
Subject: 2 AmUSR-897, Aggregate Industries — Riverview Resource Facility
Dear Barb:
The Department of Planning Services has enclosed one copy of the referrals received for the above
referenced case, 2 AmUSR-897, Aggregate Industries — Riverview Resource Facility, for review by
Aggregate Industries and Resource Conservation Partners, LLC prior to scheduling the Planning
Commissioners hearing. Please review, discuss and notify this office of your concerns, and steps taken to
address the issues raised.
Prior to the scheduling any hearings, staff desires to meet with you and your client to discuss the referral
issues and attempt to reach resolution to the concerns prior to the presently unscheduled Planning
Commission and Board of County Commissioners hearing.
Should you have any questions, please do not hesitate to contact me.
Sincerely
Kim Ogle
Planning Services
pc: Connie Davis
Aggregate Industries
Post Office Box 3121
Greeley, CO 80633
File: 2 AmUSR-897
• •
November 12, 2008
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DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Aggregate Industries, WCR Inc.
1707 Cole Blvd
Golden CO 80401
Subject: 2nd AmUSR-897- Request for a Site Specific Development Plan and a 2nd Amended Special
Review Permit on a parcel of land described as the W2SW4 and Part of Lot A of RE -247 being
part of the E2SW4 Section 29, T6N, R66W. All that part of the N2 and the N2S2; A portion of the
E2NE4 of Section 32, T6N, R66W together with a parcel in the SW4 NW4 of Section 33, T6N,
R66W also known as Lot B, RE -1539; together with a parcel in NW4 SW4; and Lots A and B of
RE -978 being the NW4NW4 of Section 33, T6N, R66W; part of the NE4 of Section 32, T6N,
R66W; and a parcel of land in the SE4 NE4 of Section 32, T6N, R66W all in the 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, Severance, and Windsor
Planning Commission for their review and comments. Please call Greeley at 970-350-9770, Severance at
970-686-1218, and Windsor at 970-686-7476 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, Severance,
and Windsor 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,
KimrYOg
Planner
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BOARD OF COUNTY COMMISSIONERS' AND PLANNING
COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MAY 22, 2009 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
COMMISSION AND BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND A SECOND AMENDED SPECIAL REVIEW PERMIT FOR
A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL
MINING AND MATERIALS PROCESSING INCLUDING CONCRETE AND ASPHALT
RECYCLING, AND A CONCRETE AND ASPHALT BATCH PLANT FACILITY IN THE A
(AGRICULTURAL) ZONE DISTRICT
STATE OF COLORADO
) ss.
COUNTY OF WELD
KIM OGLE
Name of Person Posting Sign
Signatuof Person Posting Sign
The foregoing instrument was subscribed and sworn to me this % day of _171(1--"'
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2008. WITNESS my hand and official seal.
My Commission Expires:
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FIELD CHECK
Inspection Date: May 15, 2009
Current Conditions
• Case Number:
Applicant:
Request:
Legal Description:
Location:
2n° AmUSR-897
Aggregate Industries
1707 Cole Boulevard
Golden, Colorado 80401
A Site Specific Development Plan and a Second Amended Special Review Permit for a Mineral
Resource Development facility including open pit gravel mining and materials processing including
concrete and asphalt recycling, and a concrete and asphalt batch plant facility in the A (Agricultural)
Zone District
The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section 29, Township 6 North,
Range 66 West; All that part of the N2 and the N2S2; A portion of the E2NE4 of Section 32,
Township 6 North, Range 66 West together with a parcel in the SW4 NW4 of Section 33, Township 6
North, Range 66 West also known as LOT B, RE -1539; together with a parcel in NW4 SW4; and Lots
A and B or RE -978 being the NW4NW4 of Section 33, Township 6 North, Range 66 West; part of the
E2NE4 of Section 32, Township 6 North, Range 66 West; and a parcel of land in the SE4 NE4 of
Section 32, Township 6 North, Range 66 West all in the 6th P.M., Weld County, CO
Generally located East of and adjacent to County Road 27 (83rd Avenue); North and South of and
adjacent to County Road 64 ("O" Street); west of County Road 29 (71s' Avenue) and North of the
Cache La Poudre River
Size of Parcel: 470 acres, more or less, 262 acres to be mined
Parcel Number:
0805-29-3-00-009; 0805-29-0-00-048; 0805-32-0-00-051; 0805-33-0-00-003;
0805-33-0-00-001; 0805-32-0-00-058; 0805-32-1-00-072; 0805-32-0-00-074
Zoning
Land Use
N
Agricultural
N
Single Family Residential on large parcels, & agrarian
E
Agricultural
E
Single Family Residential on large parcels, & agrarian
S
Agricultural and City of Greeley
S
Cache La Poudre River and City of Greeley subdivision
W
Agricultural
W
Hall Irwin Mine, Firestein's and Bracewell PUD
Comments:
Existing mining facility ... The site consists of irrigated farmland and pasture land with a majority of the site located
within the 100 -year floodplain. There are riparian areas composed of wetland and woody plant material adjacent to
the Cache La Poudre River. There are improvements in the form of the concrete and asphalt batch plants on the
site. Access from CR 29, temporary access from CR 27 when operations are south of River
Surrounding property uses include farmland and rural residential developments to the north, east and west. The
Orr Minor Subdivision (Rocky Road) is directly south of County Road 64 and one half mile east of County Road 27;
to the south is the Poudre River Ranch residential PUD within the City of Greeley's Corporate City Limits. West of
County_ Road 27 (83rd Avenue) is an existing Hall -Irwin asphalt and concrete batch plant (AmUSR-1125), and to
f County Road 29 (71st Avenue) is the Buxman gravel mine (USR-900) and the former Lowell -Paul Dairy.
•❑ House(s)
❑ Outbuilding(s)
❑ Ditch
❑ Crop Productions
❑ Crops
❑ Wildlife
o Topography
o Site Distance
❑ Wetlands
❑ Utilities On -Site (transmission lines, HP gas lines)
o Water Bodies
o Access to Property ❑ Oil & Gas Structures
Note any commercial business/commercial vehicles that are operating from the site — AmUSR-897
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