HomeMy WebLinkAbout20090999RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1682 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING A CONCRETE BATCH PLANT, RECYCLED CONCRETE AND GRAVEL
MINING, AND THE IMPORTATION OF MINERAL RESOURCE MATERIAL FROM
USR-1608 (HOLTON LAKES), IN THE A (AGRICULTURAL) ZONE DISTRICT -
MORTON LAKES, LLC, C/O READY MIXED CONCRETE COMPANY
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 29th day
of April, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Morton Lakes, LLC, 4395 Washington Street, Denver, Colorado
80216, for a Site Specific Development Plan and Use by Special Review Permit #1682 for
Mineral Resource Development Facilities, including a Concrete Batch Plant, Recycled Concrete
and Gravel Mining, and the importation of mineral resource material from USR-1608 (Holton
Lakes), in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption #1525; being part of
the SE1/4 of Section 1, and the NE1/4 of
Section 12, Township 1 North, Range 67 West;
together with a Non -Exclusive Easement and
Right -of -Way for ingress and egress purposes as
granted at Reception No. 02005215 and all right of
access, ingress, and egress for agricultural
purposes over and across existing traveled roads
delineated on Lot A of Recorded Exemption #835,
being part of the SE1/4 of Section 1, Township 1
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Mike Hart, Hart
Environmental, P.O. Box 1303, Boulder, Colorado 80306, 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.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
Section 22-5-80.8 (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." The proposed use will be
compatible with surrounding properties which include agricultural lands,
river bottom lands, and floodplain designated lands. Further,
Section 34-1-305, C.R.S., addresses the preservation of commercial
mineral deposits for extraction, as follows:
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."
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."
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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 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for Mineral Resource Development Facilities, including a
Concrete Batch Plant, Recycled Concrete and Gravel Mining, and the
importation of mineral resource material from USR-1608 (Holton Lakes),
in the A (Agricultural) Zone District. The Morton Lakes Pit is proposed to
be mined in conjunction with the Holton Lakes Pit [USR-1608], approved
by the Board of County Commissioners on August 22, 2007, and is
contiguous with the west property line of the Holton Lakes Pit. The
Holton Lakes Pit was conditionally approved for a Concrete Batch Plant,
Recycled Concrete and Gravel Mining facility. As a Condition of Approval
prior to recording the plat, the applicant was required to submit a Flood
Hazard Development Permit (FHDP) for the proposed facility. The
resultant study determined that the entire Holton property west of the
South Platte River was within the designated floodway of the South Platte
River, and the placement of all structures associated with mining would
be disallowed as stipulated in the conditions of approval for FHDP-516.
Given the existing site conditions, the applicant, Ready Mix Concrete
Company, purchased the Morton parcel immediately to the west of the
Holton property. The applicant proposes to transport the mineral
resource mined from the Holton property by conveyor to the proposed
plant site which will be relocated from the Holton to the Morton property
and located in an area outside of the designated floodway of the South
Platte River. Access to the Morton property will be via the Holton access
to State Highway 52, as previously approved by the Colorado Department
of Transportation (CDOT).
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site contains
agricultural lands. The proposed use will be compatible with surrounding
properties, which include: agricultural lands and the Lafarge Riverbend
[AmUSR-1259] and the Ready Mixed Concrete sand and gravel
operations [USR-1608] adjacent to the southeast and east, respectively;
properties to the north are agricultural pasture lands; and properties to the
south and southeast are agricultural pasture lands and the future Cell #6
of the Riverbend operation.
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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 surrounding property is primarily agricultural in nature
with a few homes in the area. The site contains agricultural lands, with
the proposed use compatible with surrounding properties which include
gravel operations in the general vicinity. U.S. Highway 85 is
approximately 0.25 mile to the east of the site. The City of Fort Lupton, in
its referrals dated December 22, 2008, and January 15, 2009, requested
the applicant consider entering into a non -binding pre -annexation
agreement to be executed following mining operations. The City states,
. that the pre -annexation agreement is the best solution at this time,
considering the circumstances, and although the property will remain in
the County, annexation to the City following gravel operations will fulfill
long-term planning goals of the City."
The Colorado Historical Society (CHS), in the referral dated December 3,
2008, stated this area has not been intensively surveyed for cultural
resources. CHS further states, ". . . although there are no historic
structures or buildings within the Area of Potential Effect, there may be
buried historic and/or pre -historic cultural resources at the site." The
Conditions of Approval will ensure the use does not jeopardize the health,
safety, or welfare of the surrounding property owners.
e. Section 23-2-230.6.5 -- 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
#080266-0981C for the floodplain, dated September 28, 1982, and FIRM
Community Panel Map #080266-0012 for the floodway, dated
September 28, 1990. Flood Hazard Development Permits will be
required for all structures in the floodplain; however, no permanent
structures or stockpiling of materials are permitted in the floodway.
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 -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 Storm
water/Drainage Impact Fee Programs.
f. Section 23-2-230.6.6 -- 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
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delineated on the Important Farmlands of Weld County Map, dated 1979.
Section 22-5-80.A.1 (CM.Policy 1.2) states, "... access to future mineral
resource development areas should be considered in all land use
decisions in accordance with State law." No County governmental
authority which has control over zoning shall, by zoning, rezoning,
granting a variance or other official action or inaction, permit the use of
any area known to contain a commercial mineral deposit in a manner
which would interfere with the present or future extraction of such deposit
by an extractor.
g.
Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-250 -- Additional requirements for Open -mining have been
addressed through the 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 Morton Lakes, LLC, Go Ready Mixed Concrete
Company, for a Site Specific Development Plan and Use by Special Review Permit #1682 for
Mineral Resource Development Facilities, including a Concrete Batch Plant, Recycled Concrete
and Gravel Mining, and the importation of mineral resource material from USR-1608 (Holton
Lakes), in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1682.
B. The on -site parking, site access, site circulation, site entrance and exit
lane requirements, and auxiliary lanes, as approved by the Colorado
Department of Transportation (CDOT), and the Departments of Planning
Services and Public Works.
C. The location of the overburden, topsoil, concrete, and materials stockpiles
shall be shown on the Extraction Plan Map. The location of all of the
conveyors shall also be shown on the Extraction Plan map.
D. The location of any on -site signs.
E. The approved Landscape, Screening, and Berm Plan.
F. Oil and gas encumbrances, including gathering lines with appropriate
setbacks.
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G. 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
A (Agricultural) Zone District. No structure will be allowed in the future
right-of-way. A slurry wall or retaining wall is considered a structure.
H. State Highway 52 requires two hundred (200) feet of right-of-way at full
buildout. A total of one hundred (100) feet from the centerline of State
Highway 52 shall be delineated as right-of-way on the plat. This road is
maintained by CDOT.
State Highway 52 requires auxiliary lanes for ingress and egress for the
mining operation, with a designed speed limit of 55 miles per hour (MPH).
Appropriate lengths meeting the minimum CDOT requirement shall be
delineated on the plat.
J. All maps submitted for the case file and also for recording shall be signed,
dated, and stamped by a Colorado licensed professional engineer.
K. United Power requires a ten (10) foot easement around the parcel's
perimeter for future utility requirements.
L. Xcel Energy maintains a recorded easement for the 230 -kV transmission
line which crosses this mining operation. The easement and/or
associated right-of-way shall be delineated on the plat.
M. All future and existing County roads shall be delineated on the plat,
including the existing and future right-of-way.
N. The delineation of the floodway and floodplain areas shall be delineated
on all plats.
O. All easements associated with any irrigation ditch or conveyor of water
across and through the parcels of land associated with the Morton Lakes
and Holton Lakes mineral resource development facilities.
P. The thirty (30) foot wide by unknown length ingress and egress easement
across the Holton parcel permitted for the mining of gravel (USR-1608), to
lands associated with the Morton Lakes parcel shall be delineated.
2. Prior to recording the plat:
A. The applicant shall submit a Landscape Plan identifying the number, size,
and species of all plant material to the Weld County Department of
Planning Services, for review and approval. This plan shall include
specifications of any proposed berms, if required and/or permitted, given
the floodplain and floodway designation. The proposed berms will be
extended to mitigate impacts to surrounding properties. The applicant
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shall use breaks in the berm with landscaping to fill the void, culverts, or
some other method that will allow water to flow freely.
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated December 16, 2008.
Unresolved issues include the approach access to State Highway 52, a
current Traffic Study, a Drainage Report which addresses off -site flows,
and an approved Flood Hazard Development Permit. Written evidence of
approval, with all conditions met or mitigated, shall be submitted to the
Department of Planning Services.
C. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated
December 15, 2008. Written evidence of approval, with all conditions met
or mitigated, shall be submitted to the Department of Planning Services.
D. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral response dated
December 31, 2008. Written evidence of approval, with all conditions met
or mitigated, shall be submitted to the Department of Planning Services.
E. The applicant shall attempt to address the requirements of the
Department of Natural Resources, Division of Wildlife, as stated in the
referral response dated December 17, 2008. Written evidence of the
applicant's attempt to address the requirements shall be submitted to the
Department of Planning Services.
F. The applicant shall address the comments of the City of Fort Lupton, as
stated in the referral responses dated December 22, 2008, and
January 15, 2009. Written evidence of same understanding shall be
submitted to the Department of Planning Services.
G. 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 (Anadarko Petroleum Corporation on behalf of its
subsidiary Kerr-McGee Oil and Gas Onshore, LP) stipulating that the oil
and gas activities have been adequately incorporated into the design of
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the site, or, show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes
may be delineated on the plat, in accordance with state requirements, as
an attempt to mitigate concerns. The plat shall be amended to include
any possible future drilling sites.
H. The Colorado Division of Water Resources, in the referral dated
December 1, 2008, states, "A Substitute Water Supply Plan (SWSP), or
court approved augmentation plan, must be obtained to replace the
depletions caused by the operation. In addition, the applicant will be
required to re -permit the existing well prior to using the well for the
proposed commercial uses at the site, and the applicant must obtain a
well permit for the proposed gravel pit pond prior to exposing ground
water at the site." Further, the existing permitted commercial well, Permit
No. 279050, cannot be utilized as proposed for the sand and gravel
washing and processing, dust control, and ready mixed concrete
production until such time as the well owner obtains a court -approved
augmentation plan or substitute water supply plan for the well and the
well is re -permitted for these uses. Written evidence of approval from the
Division of Water Resources, with all conditions met or mitigated, shall be
submitted to the Department of Planning Services.
The applicant shall address the requirements and concerns of the United
States Army Corps of Engineers, as stated in the referral response dated
December 3, 2008. Written evidence of approval, with all conditions met
or mitigated, shall be submitted to the Department of Planning Services.
J. The applicant shall address the requirements and concerns of the Lupton
Bottom Ditch Company, as stated in the referral response dated
December 22, 2008. Written evidence of a working agreement shall be
submitted to the Weld County Department of Planning Services.
K. The applicant shall submit a Flood Hazard Development Permit to the
Department of Public Works, for review and evaluation, within 180 days of
the Board of County Commissioners Resolution. Evidence from the
Department of Public Works that the application has been conditionally
approved shall be provided to the Department of Planning Services.
L. The applicant shall provide a detailed drawing of the accesses showing
entrance and exit lanes with adequate turning radii, a small paved parking
lot to accommodate customers, and the circulation pattern on the
immediate area, including employee parking, truck parking area, etcetera.
Evidence from the Department of Public Works that the application has
been conditionally approved shall be provided to the Department of
Planning Services.
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M. The applicant shall provide evidence to the Department of Planning
Services that all vehicles located on the property are operational with
current license plates, or be screened from all adjacent properties and
public rights -of -way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed
from the property or screened from adjacent properties and public
rights -of -way. Written evidence of approval shall be submitted to the
Department of Planning Services.
N. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated December 15, 2008. Evidence of approval, with all
conditions met or mitigated, shall be submitted to the Department of
Planning Services.
O. The applicant shall provide, to the Weld County Department of Planning
Services, a copy of the access permit and the Notice to Proceed letter
issued by the Colorado Department of Transportation (COOT), which
grants access to State Highway 52, or submit written evidence that the
applicant has complied with the requirements of COOT.
P. 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 Public Health and Environment, if
applicable. Evidence of approval shall be submitted to the Department of
Planning Services.
Q. The applicant shall submit a Dust Abatement Plan, for review and
approval, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Evidence of
approval shall be submitted to the Department of Planning Services.
R. The applicant shall provide a detailed Design and Operation Plan for the
truck washout area. The washing area shall be designed and constructed
to capture all effluent and prevent any discharges in accordance with the
rules and regulations of the Water Quality Control Commission and the
Environmental Protection Agency. Evidence of approval shall be
submitted to the Department of Planning Services.
S. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed
discharge into State waterways, if applicable. Evidence of approval shall
be submitted to the Department of Planning Services.
T. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment
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(CDL&E), Oil Inspection Section, for any aboveground storage tanks
located on the site. Alternately, the applicant may provide evidence from
the CDL&E, Oil Inspection Section, that they are not subject to these
requirements. Evidence of approval shall be submitted to the Department
of Planning Services.
U. The applicant shall submit evidence to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment, as well as the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well is
appropriately permitted for the commercial use.
V. In the event the facility's water system serves more than 25 persons on a
daily basis, the water system shall comply with the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided
to the Weld County Department of Public Health and Environment that
the system complies with the regulations. Evidence of approval shall be
submitted to the Department of Planning Services.
W. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
Evidence of approval shall be submitted to the Department of
Planning Services.
X. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit, from the Environmental Protection
Agency (EPA), for any vehicle maintenance facility located on the site that
is equipped with a floor drain. Alternately, the applicant may provide
evidence from the EPA that they are not subject to EPA Class V
requirements.
Y. In the event that one (1) or more acres are disturbed during the
construction and development of the site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
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Z. The applicant shall submit drawings which delineate the incorporation of
the Holton Lakes Mine Permit (M2007-008) and the Morton Lakes Mine
Permit (M2008-082), specific for the Extraction, Reclamation, Landscape,
and Screening Plans to the Department of Planning Services.
M. The applicant shall submit all drawings associated with the Holton Lakes
Mine Permit (USR-1608), approved by the Board of County
Commissioners on August 22, 2007, and pay the applicable recording
fees.
BB. The applicant shall submit a minimal Noise Plan. Noise will be restricted
to the level allowed in the Industrial Zone District. In addition, berms,
conveyors, and shroud covers could be installed to limit noise impacts.
Written evidence of approval, with all conditions met or mitigated, shall be
submitted to the Department of Planning Services.
3. Prior to the release of the Grading Permit:
A. 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 plat, or, the applicant may submit
evidence that all the work has been completed and approved by County
staff.
4. 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 Colorado registered
engineer, shall be required.
B. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
C. The access road shall be paved a minimum of five hundred (500) feet in
length with asphalt, concrete, or the equivalent from State Highway 52
into the site. Two cattle guards must be installed back-to-back at the end
of the pavement.
D. Access to State Highway 52 shall be paved, with adequate turning radii, a
minimum of sixty (60) feet in width to accommodate two-way traffic and
match the existing grade to accommodate heavy truck hauling.
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E. The applicant shall install a Stop sign at the exit of the pit approach onto
State Highway 52. Additional speed limit signs on the designated haul
route from the facility will also be required.
F. The applicant shall provide evidence of an approved Flood Hazard
Development Permit from the Department of Public Works to the
Department of Planning Services.
G. The applicant shall submit, to the Department of Planning Services,
evidence of amendment approval by the Colorado Division of Mining
Reclamation Safety for both the Holton Lakes Mine Permit (M2007-008)
and the Morton Lakes Mine Permit (M2008-082).
H. The applicant shall submit evidence of a recorded ingress and egress
easement across lands permitted under USR-1608 for a mineral resource
development for vehicular ingress and egress to the Morton Lakes facility.
I. The western access to the Morton property shall be blocked or gated to
prevent access to the property. The access may remain for emergency
access only, and the gate shall be signed as emergency access only.
J. The applicant shall provide a copy of the approved National Pollutant
Discharge Elimination System (NPDES) permit and the approved Solid
Waste Management Plan (SWMP) to the Department of Planning
Services.
K. The applicant shall perform an assessment to determine if prairie dogs
are present in the western most area of the permit boundary, as they
often migrate to new areas with the onset of development. If present,
they shall be euthanized or relocated before construction begins. Further
should construction commence between March 15 and October 31, the
applicant shall survey the property for burrowing owls, a State -listed
threatened species. Written evidence of approval, with all conditions met
or mitigated, shall be submitted to the Department of Planning Services.
L. The applicant shall submit evidence that a commercial well permit has
been approved for this location. A potable water supply is proposed from
a commercial water service, as this operation is not temporary or
seasonal, a permanent water supply is required. The commercial well
may be sufficient for a potable water source. Written evidence of
approval, with all conditions met, shall be submitted to the Department of
Planning Services.
5. Prior to issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed office/weigh station and shall be installed according to the Weld
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County I.S.D.S. Regulations. Written evidence of approval shall be
submitted to the Department of Planning Services.
B. In the event the applicant intends to utilize the existing septic system, 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. Written evidence of approval shall be submitted to
the Department of Planning Services.
6. The Use by Special Review activity shall not occur, nor shall any building 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.
7. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the plat prior to recording. The completed plat shall
be delivered to the Weld County Department of Planning Services and be ready
for recording in the Weld County Clerk and Recorder's Office within 180 days of
approval by the Board of County Commissioners.
8. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred and eighty
(180) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
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SPECIAL REVIEW PERMIT #1682 - MORTON LAKES, LLC, C/O READY MIXED CONCRETE
COMPANY
PAGE 14
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of April, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WEILCOLORADO
ATTEST:
Iliam F. Garcia, Chair
Weld County Clerk to the
BY:
Depl
APPRO
County Attorney
David E. Long
Date of signature: 5I 2 jot
2009-0999
PL2010
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MORTON LAKES, LLC
C/O READY MIXED CONCRETE COMPANY
USR-1682
1. A Site Specific Development Plan and Use by Special Review Permit #1682 is for
Mineral Resource Development Facilities, including a Concrete Batch Plant, Recycled
Concrete and Gravel Mining, and the importation of mineral resource material from
USR-1608 (Holton Lakes), in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
8. The truck washing area 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 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility.
12. Sewage disposal for the 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.
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DEVELOPMENT STANDARDS - (USR-1682)
PAGE 2
13. Portable toilets may be utilized on sites that are temporary locations of the working face
and portable processing equipment, etcetera, for up to six (6) months at each location.
14. Bottled water shall be provided to employees at the temporary locations of the working
face, at all times.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16. If applicable, the water system shall comply with the requirements for a community water
system, as defined in the Primary Drinking Water Regulations (5 CCR 1003-1).
17. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
18. 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.
19. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
20. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
23. 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.
24. Section 23-4-290.6 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
emergency, or to make necessary repairs to equipment. The 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.
25. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over
the reclaimed areas.
26. 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 15-1-40 of the Weld County Code.
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DEVELOPMENT STANDARDS - (USR-1682)
PAGE 3
27. The main access is from State Highway 52. Sand and gravel materials excavated on
the Holton Lakes property (USR-1608) will be transported by conveyors to the main
plant area at Morton Lakes.
28. 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, velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
29. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
30. 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.
31. The landscaping on the site shall be maintained in accordance with the approved
Landscape, Screening, and Berm Plan.
32. 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, or 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.
33. 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.
34. Buildings shall conform to the requirements of the current building regulations that have
been adopted at the time of building permit application, or the 2006 International Building
Code and Chapter 29 of the Weld County Code.
35. 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.
36. 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.
37. 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
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DEVELOPMENT STANDARDS - (USR-1682)
PAGE 4
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.
38. A Flood Hazard Development Permit shall be submitted for all buildings, stockpiling, and
berming in the 100 -year floodplain.
39. 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.
40. 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.
41. Should human remains be discovered during mining activities, the requirements under
State law, Part 13, C.R.S., apply and must be followed.
42. The number of employees associated with the daily operations is limited to 15 persons
per shift.
43. The applicant shall operate in accordance with the approved Noise Control Plan, at all
times.
44. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
45. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
46. 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.
47. 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.
48. 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.
49. 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
2009-0999
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DEVELOPMENT STANDARDS - (USR-1682)
PAGE 5
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.
50. 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.
2009-0999
PL2010
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