HomeMy WebLinkAbout20090886.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1687 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
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 - JOURNEY VENTURES,
LLC
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 18th day
of March, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Journey Ventures, LLC, P.O. Box 129, Greeley, Colorado 80632, for a
Site Specific Development Plan and Use by Special Review Permit #1687 for Mineral Resource
Development Facilities, 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, on the following described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption #4744;
located within the SE1/4 and SE1/4NE1/4 of
Section 7, Township 5 North, Range 64 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing on March 18, 2009, the Board deemed it advisable to
continue the matter to April 22, 2009, in order for the applicant to address concerns expressed
by surrounding property owners and the Plumb Irrigation Company, and
WHEREAS, at said hearing on April 22, 2009, the applicant was represented by
J.C. York, J and T Consulting, Inc., 1400 West 122nd Avenue, Suite 120, Westminster,
Colorado 80234, at said hearing, 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:
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a. Section 23-2-230.6.1 -- 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 exploration and development of mineral resources." According to
the Weld County Sand and Gravel Resources Map, dated July 1, 1975,
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. The depth of materials aggregate ranges from
approximately three (3) to fifty-seven (57) feet below the existing site
grade. 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) states, "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 are proposed to be located in the northwest corner of
the site. This area lies below a bench which 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 through an
existing oil and gas/residential access onto a paved road (County
Road 58), instead of 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 that a Landscape and
Screening Plan be submitted in order to address impacts associated with
mining of the site experienced by 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 23-2-230.B.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 provide for a Site Specific Development Plan
and Use by Special Review Permit for Mineral Resource Development
Facilities, including Open Pit Gravel Mining and Materials Processing (Dry
Mining) and Asphalt and Concrete Batch Plants, along with importation of
resource material, 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 nearest
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residence is located immediately to the southwest of the site, another
residence is located approximately one -quarter of a mile to the west of
the site, and a third residence is located approximately one -quarter of a
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 on County Road 58, immediately to the east of a surrounding
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 that a
Landscape and Screening Plan be submitted to address impacts
associated with mining the site experienced by adjacent properties.
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. The proposed mine is located within the three-mile referral
areas for the Town of Kersey and the City of Greeley. The Town of
Kersey, in the referral received December 31, 2008, indicated no conflicts
with their interests. No referral response has been received from the City
of Greeley.
e. Section 23-2-230.B.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. Effective January 1, 2003, building permits
issued on the subject site will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program. 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 Programs.
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 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
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9.
which would interfere with the present or future extraction of such deposit
by an extractor."
Section 23-2-230.6.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Journey Ventures, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1687 for Mineral Resource
Development Facilities, 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, 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 address the requirements of the Department of
Planning Services, as stated in the Landscape Referral dated
December 28, 2008. Written evidence of such shall be provided to the
Department of Planning Services.
B. The applicant shall submit a detailed Signage Plan to the Department of
Planning Services, in compliance with Chapter 23, Article IV, Division 2,
and Appendices 23-C, 23-D, and 23-E of the Weld County Code.
C. 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. Evidence of such shall be submitted to the Departments of
Planning Services and Public Health and Environment.
D. In the event the washing of vehicles will occur on the 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 Departments of Planning Services and Public Health and
Environment.
E. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Water Quality Control Division of the Colorado
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Department of Health and Environment for any proposed discharge into
State waterways, if applicable. Evidence of approval shall be submitted
to the Departments of Planning Services and Public Health and
Environment.
F. 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 system's
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
approval by the Department of Public Health and Environment shall be
submitted to the Department of Planning Services.
G. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicant 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 may provide evidence
from the WQCD that they are not subject to these requirements.
H. 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 departmental staff, in the event that odor
levels detected off the 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 Department receives a significant
number of odor complaints, and in the judgment of the Director of the
Department, there exists an odor condition requiring abatement.
Evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
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 plat.
J. 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.
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The Long -Term Maintenance Agreement shall include all required off -site
improvements, including the following:
1) The applicant shall install a "Trucks Turning" sign east of the
proposed entrance for westbound traffic, complying with MUTCD
Standards, and shall contact the Weld County Department of
Public Works Traffic Engineer for proper placement of the sign.
2) The applicant shall construct a left -turn lane on County Road 53
for northbound traffic turning west onto County Road 58. The
left -turn lane shall be 400 feet in length, including the beginning
taper; the redirect taper will be additional. The applicant shall
provide construction drawings stamped by a Colorado registered
professional engineer. The agreement and form of collateral shall
be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
3) The applicant and the Weld County Department of Public Works
shall negotiate an agreement, included within the Long -Term
Maintenance and Improvements Agreement document, for the
following safety improvements, and the Department shall approve
all safety improvements listed below:
a) Construction of adequate turning radii at the intersection of
County Roads 58 and 53;
b) Construction of acceleration and deceleration lanes at the
USR entrance on County Road 58; and
c) Construction of road improvements to County Road 58.
The agreement and form of collateral shall be reviewed by County
staff and accepted by the Board of County Commissioners, prior
to recording the plat.
K. In the event that one 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
are not subject to this requirement. Evidence of Department of Public
Health and Environment approval shall be submitted to the Department of
Planning Services.
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L. The applicant shall submit documentation from the Central Weld County
Water District, to the Department of Planning Services, indicating that
water service is available for the proposed use.
M. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment (CDLE),
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 may provide evidence
from the CDLE, Oil Inspection Section, indicating they are not subject to
these requirements.
N. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
January 29, 2009. Evidence of approval shall be submitted, in writing, to
the Department of Planning Services.
O. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1687.
2) The location and size of any on -site signs.
3) The approved Landscape and Screening Plan.
4) If exterior lighting is a part of this facility, all light standards shall
be delineated in accordance with Section 23-3-250.6.6 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 that will prevent trash from being scattered by
wind or animals.
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.
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 buildout. The applicant shall verify the existing
right-of-way, and the documents creating the right-of-way. All
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setbacks shall be measured from the edge of future right-of-way.
If the right-of-way cannot be verified, it shall be dedicated.
9) County Road 51 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. 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.
10) The applicant shall pave to the cattle guard, or 100 feet into the
site, whichever is greater.
2. Prior to release of Building Permits:
A. The applicant shall submit a letter from the Platte Valley Fire District,
indicating whether or not a fire district permit is required to be submitted
prior to the issuance of building permits.
3. Prior to issuance of the Certificate of Occupancy for the employee office:
A. An Individual Sewage Disposal System (I.S.D.S.) is required and shall be
installed according to the Weld County I.S.D.S. Regulations.
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. The
applicant shall 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.
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.
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 of
the Colorado Department of Health and Environment, if applicable.
Evidence of such shall be provided to the Departments of Planning
Services and Public Health and Environment.
B. The applicant shall install a "Trucks Turning" sign, east of the proposed
entrance, for westbound traffic, complying with MUTCD Standards. The
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applicant shall comply with the directives of the Weld County Department
of Public Works Traffic Engineer for proper placement of the sign.
7. Prior to hauling off -site:
A. The applicant shall construct a left -turn lane on County Road 53 for
northbound traffic turning west onto County Road 58. The left -turn lane
shall be 400 feet in length, including the beginning taper; the redirect
taper will be additional. The applicant shall provide construction drawings
stamped by a Colorado registered professional engineer.
8. 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.
9. 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.
10. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by 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 thirty (30) days of approval by the Board of County
Commissioners.
11. 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2009.
Weld County Clerk to the Bo
BY: \, , et/t
V&1
De Clerk ttt�p the Board
ou ty Attorney
Date of signature: SI i loci
AP" .tir D A 4'•RM:
BOARD OF COUNTY COMMISSIONERS
ELD ClmJIJNFM, COLORADO
ougla Rademac
I(cykr�eye
David E. Long
2009-0886
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOURNEY VENTURES, LLC
USR #1687
1. A Site Specific Development Plan and Use by Special Review Permit #1687 is for
Mineral Resource Development Facilities, 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.
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 that 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 that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan at all
times.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
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.
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.
10. 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.
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for the employee office.
12. Adequate drinking, hand washing, and toilet facilities shall be provided for all personnel
located at, or entering the facility.
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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.
14. Portable toilets may be utilized on sites which are temporary locations of the working
face and portable processing equipment, etcetera, for up to six months at each location.
15. Bottled water shall be provided to employees at the temporary locations of the working
face and portable processing equipment at all times.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes at the batch plants and office locations at all times.
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.
18. The facility shall be operated in a manner to prevent odors. Odors detected off the 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 the site 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.
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.
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 and volatile organic compounds.
21. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
22. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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
construed as, traffic control devices.
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 daylight, except in the case of public or private
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emergency, or to make necessary repairs to equipment. Operation hours 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.
26. The number of employees on the site at one time shall not exceed eighteen (18).
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.
28. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over
the reclaimed areas.
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 of the Weld County Code.
30. 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.
31. The site must take stormwater capture/quantity into consideration and provide
accordingly for Best Management Practices.
32. The applicant shall pave to the cattle guard, or 100 feet into the site, whichever is
greater.
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.
34. A minimum 40 -foot radius is required on all accesses to public roads for accesses
designed to accommodate truck traffic.
35. A Stop sign shall be placed, per MUTCD standards, at the access for southbound traffic.
36. A sign stating "No Jake Brakes Allowed" shall be placed on the property contained within
the USR boundary, near the access.
37. 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.
38. The applicant shall comply with all regulations of the Colorado Department of Health and
Environment, Water Quality Control Division, regarding stormwater quality, permitting
and protection, and construction stormwater discharges.
39. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
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40. 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 Colorado registered engineer, shall be required.
41. A plan review shall be approved and a permit must be issued prior to the start of
construction.
42. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
43. A letter from the Platte Valley Fire District, indicating whether or not a fire district permit
is required, shall be submitted prior to the issuance of building permits.
44. 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.
45. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County -Wide Road Impact Fee Program.
46. 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 Programs.
47. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
48. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
49. 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.
50. 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.
51. 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.
52. 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
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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 Permit. If the Use by Special Review
Permit is revoked, it shall be necessary to follow the procedures and requirements of
Chapter 23, Article II, Division 4 of the Weld County Code in order to reestablish any
Use by Special Review.
53. 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.
2009-0886
PL2007
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