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Home My WebLink About20091001Appl! oin wt INVENTORY OF ITEMS FOR CONSIDERATION 2ead.L1 mixed. eeuVcvete Covitp2v,L case �tuvu<ber HtSr-i 22 SG<t✓'tifted ,^,r Arfp??re;% PrL^Yt^ HPar:.vvs H?arLN.,rn 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Fitzgerald Field Check Form Notice of Inquiry Form / Letter to Applicant X Affidavit of sign posting X Legal Notifications X 2 Application X / Maps Deed/ Easement Certificate X Surrounding Property / Mineral Owners X / Utilities X 3 Referral List X Referrals without comment X Weld County Sheriffs Office, referral dated November 25, 2008 / Weld County Zoning Compliance, referral dated November 26, 2008 Fort Lupton Fire Protection District, referral dated December 1, 2008 United Power Company, referral dated December 2, 2008 / Platte Valley Soil Conservation District, referral dated December 18, 2008 ✓ 4 Referrals with comments X / Colorado Department of Transportation, referral dated December 1, 2008 / State of Colorado, Division of Water Resources, referral dated December 1, 2008 / United States Army Corps of Engineers, referral dated December 3, 2008 State of Colorado Historical Society, referral dated December 3, 2008 / United States Fish and Wildlife referral dated December 12, 2008 / Weld County Department of Building Inspection, referral dated December 15, 2008 e Pe 4.1-) Kerr-McGee Onshore, LP, referral dated December 16, 2008 i.„J April 0, 200a (i.: Cx. Weld County Department of Public Works, referral dated December 16, 2008 / State of Colorado, Division of Wildlife, referral dated December 17, 2008 EXHIBIT /- Lupton Bottom Ditch Company, referral dated December 22, 2008 City of Fort Lupton, referral dated December 22, 2008 and January 15, 2009 • 4 - I1, 8a 2009-1001 • • • Weld County Department of Public Health & Environment, referral dated December 31, 2008 5 Correspondence 5 ,A Michael Hart: Responses to Referral Comment, dated February 27, 2009 g B Michael Hart: Electronic Mail, Propane Tanks removed, received March 26, 2009 wa a ec ro ( 73'q' 0c 6, 0 urces ae (/UcL tn. auded,) 5, tr BRMS Approval ,cceivcd March 20,,2689 (araf r„; , ic) M U/ SUA ((v, g F�) 6 -pc EXHIBITS "" LA' Notice of Filing Application, DRMS for Regular 112 Construction Materials Extraction Operation dated December 8,2008 !red 1Z-)9-cz) ✓ to. $ Correspondence Hart Environmental to CDOW dated January 6, 2009 `✓(„, e_, Morton Lakes Agreement with United Power dated January 26, 2009 V ,:i, _ p Letter Hart Environmental to John Butera, Kerr-McGee LLP 30 -day Notification dated March 6, 2009 ✓I, Adequacy Review E Response #2 dated March 20, 2009J,r,c, 2p,u;z:a ao9-013(, ✓G F -Jdar1 Environmental Chronology of discussion with Kerr-McGee dated March 20, 2009 V G. ti United Power Construction Standards - Mining Activities adjacent to Electric Power Lines, dated March 23, 2009 ✓ (,,m to Agreement Ready Mixed Concrete Company and Gary Wright of A&W Water dated March 2I, 2009 V 6,,T Agreement Ready Mixed Concrete Company and United PowerdatedirsareYr22-2099 7-Z-07 '� tr, 3' Agreement Ready Mixed Concrete Company and Carol jo Stewart dated March 23, 2009 6 K State of Colorado Division Reclamation Mining and Safety, approval of 112c Permit for Morton Lakes Permit, dated March 26, 2009 '1.-- 6. L Letter from Kerr-McGee Onshore LP dated April 6, 2009 ✓ to. rn PC Memorandum, Amendments to Preliminary Comments dated April 7, 2009 • herebu certLfu that the 5 Ltew&s LdewtLfLed hereLw were subvu,Ltted to the nepartw&ewt of PLowwL t ser/Lces ct orprLorto the scheduled vtAtikg cowavtissLovters heorLwy. 1 • Ki,w OaLe. ©iPLRwwer • • 46itr COLORADO Planner: Kim Ogle Case Number: USR-1682 Hearing Date: April 7, 2009 LAND USE APPLICATION SUMMARY SHEET Applicant: Ready Mixed Concrete Company Morton Lakes, LLC 14585 Brighton Road Brighton CO 80641 Request: Legal Description: Location: Size of Parcel: Parcel Number: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility and the importation of mineral resource material from USR-1608 Holton Lakes in the A (Agricultural) Zone District Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, T1N, R67W; 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 RE -835 being part of the SE4 of Section 1, T1 N, R67W of the 6th P.M., Weld County, Colorado. Generally located 0.25 miles South of State Highway 52; 0.5 miles East of County Road 23; and West of and adjacent to County Road 25 Section Line and approximately 0.5 miles North of County Road 10 180 acres, more or less, 134 acres to be mined 1469 12 100044 & 1469 01 400090 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 25, 2008 • Weld County Zoning Compliance, referral dated November 26, 2008 • Fort Lupton Fire Protection District, referral dated December 1, 2008 • United Power Company, referral dated December 2, 2008 • Platte Valley Soil Conservation District, referral dated December 18, 2008 EXHIBIT Ready Mixed Concrete Company, USR-1682, Page 1 • The Department of Planning Services' staff has received responses with comments from the following agencies: • Colorado Department of Transportation, referral dated December 1, 2008 • State of Colorado, Division of Water Resources, referral dated December 1, 2008 < United States Army Corps of Engineers, referral dated December 3, 2008 < State of Colorado Historical Society, referral dated December 3, 2008 • United States Fish and Wildlife referral dated December 12, 2008 < Weld County Department of Building Inspection, referral dated December 15, 2008 < Kerr-McGee Onshore, LP, referral dated December 16, 2008 < Weld County Department of Public Works, referral dated December 16, 2008 • State of Colorado, Division of Wildlife, referral dated December 17, 2008 • Lupton Bottom Ditch Company, referral dated December 22, 2008 • City of Fort Lupton, referral dated December 22, 2008 and January 15, 2009 • Weld County Department of Public Health & Environment, referral dated December 31, 2008 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Division of Minerals and Geology • Colorado Natural Heritage Program • State of Colorado Water Conservation Board • South Platte River • Central Colorado Water Conservancy District ▪ Oil and Gas Conservation Commission < Water Conservation Board < Big Dry Creek Ditch Company • Weld County School District RE -8 < Xcel Energy • Brighton Ditch Company Ready Mixed Concrete Company, USR-1682, Page 2 • a hiDe COLORADO Planner: Kim Ogle Case Number: USR-1682 Hearing Date: April 7, 2009 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Applicant: Ready Mixed Concrete Company Morton Lakes, LLC 14585 Brighton Road Brighton CO 80641 Request: • Legal Description: Location: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility and the importation of mineral resource material from USR-1608 Holton Lakes in the A (Agricultural) Zone District Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, T1N, R67W; 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 RE -835 being part of the SE4 of Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado. Generally located 0.25 miles South of State Highway 52; 0.5 miles East of County Road 23; and West of and adjacent to County Road 25 Section Line and approximately 0.5 miles North of County Road 10 Size of Parcel: 180 acres, more or less, 134 acres to be mined Parcel Number: 1469 12 100044 & 1469 01 400090 Ready Mix Concrete Company, 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 February 27, 2009 and are included herein. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. Ready Mixed Concrete Company, USR-1682, Page 3 • • 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.B (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." (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) (6) "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." "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 a Special Review Permit for Mineral Resource Development including a Concrete Batch Plant, Recycled Concrete and Gravel Mining Ready Mixed Concrete Company, USR-1682, Page 4 facility 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. A condition of approval and prior to recording the plat, the applicant was required to submit a Flood Hazard Development Permit 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 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. • C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site contains agricultural lands. The proposed use would be compatible with surrounding properties which include agricultural lands and the Lafarge Riverbend [AmUSR-1259]; and the Ready Mixed Concrete sand and gravel operation [USR-1608] adjacent to the southeast and east respectively; property to the north are agricultural pasture lands; property to the south and southeast are agricultural — pasture lands and the future Cell #6 of the Riverbend operation. 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 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. State Highway 85 is approximately 0.25 miles to the east of the site. The City of Fort Lupton in their referrals dated December 22, 2008 and January 15, 2009 requested that 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 their referral dated December 3, 2008 stated that 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." Planning Staff believes that, with the endorsement of the Conditions of Approval, contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. 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 #080266-0981C dated September 28, 1982 Ready Mixed Concrete Company, USR-1682, Page 5 • • for the Floodplain and FIRM Community Panel Map #080266-0012 dated September 28, 1990 for the Floodway. 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 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 "... access to future mineral resource development areas should be considered in all land use decisions in accordance with State law." No County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1682. (Department of Planning Services) B. The on site parking, site access, site circulation, site entrance and exit lane requirements and auxiliary lanes as approved by the Department of Public Works, CDOT and the Department of Planning Services. (Department of Planning Services) 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. (Department of Public Works) D. The location of any on -site signs. (Department of Planning Services) Ready Mixed Concrete Company, USR-1682, Page 6 • • E. The approved Landscape, Screening, & Berm Plan. (Department of Planning Services) F. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be delineated on the plat. (Department of Planning Services) 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 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 Public Works) H. State Highway 52 requires two hundred (200) feet at full buildout. A total of one hundred (100) feet from the centerline of State Highway 52 shall be delineated right-of-way on the plat. This road is maintained by CDOT. (Colorado Department of Transportation) State Highway 52 requires auxiliary lanes for ingress and egress for the mining operation having a design speed limit of 55 MPH. Appropriate lengths meeting the minimum CDOT requirement shall be delineated on the plat. (Colorado Department of Transportation) J. All maps 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) K. United Power requires a ten (10) foot easement around the parcel's perimeter for future utility requirements. (United Power) L. Xcel Energy maintains a recorded easement for the 230,000 kV Transmission Line that crosses this mining operation. The easement and/or associated right-of-way shall be delineated on the plat. (Xcel Energy, Public Service of Colorado) M. All future and existing County Roads shall be delineated on the plat including their existing and future right-of-way. (Department of Planning Services) N. The delineation of the Floodway and Floodplain areas shall be delineated on all plats. (Department of Planning Services) 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. (Department of Planning Services) P. Delineate 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. (Department of Planning Services, Department of Public Works) 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 Planning Department 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 shall use breaks in the berm with landscaping to fill the void, culverts, or some other method that will allow water to flow freely. (Department of Planning Services) Ready Mixed Concrete Company, USR-1682, Page 7 • • B. The applicant shall address the requirements of the Department of Public Works, as stated in their referral responses dated December 16, 2008. Unresolved issues include the approach access to SH 52; a current Traffic Study; a Drainage Report that addresses off -site flows and an approved Flood Hazard Development Permit. Evidence of approval with all conditions met or mitigated shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) C. The applicant shall address the requirements of the Department of Building Inspection, as stated in their referral response dated December 15, 2008. Evidence of approval with all conditions met or mitigated shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements of the Department of Public Health and Environment, as stated in their referral response dated December 31, 2008. Evidence of approval with all conditions met or mitigated shall be submitted in writing to the Department of Planning Services. (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 their referral response dated December 17, 2008. Evidence of applicant's attempt to address the requirements shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) F. The applicant shall address the comments of the City of Fort Lupton, as stated in their referral response dated December 22, 2008 and January 15, 2009. Evidence of same understanding shall be submitted in writing to the Department of Planning Services. (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.B.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 & Gas Onshore LP) stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) H. The State of Colorado, Division of Water Resources in their 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 can not 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 Ready Mixed Concrete Company, USR-1682, Page 8 • or substitute water supply plan for the well and the well is re -permitted for these uses. Evidence of approval with all conditions met or mitigated from the Division of Water Resources shall be submitted to the Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements (concerns) of the United States Army Corps of Engineers, as stated in their referral response dated December 3, 2008. Evidence of approval with all conditions met or mitigated shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) J. The applicant shall address the requirements (concerns) of Lupton Bottom Ditch Company, as stated in the referral response dated December 22, 2008. Evidence of a working agreement shall be submitted in writing to the Weld County Department of Planning Services. (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 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. (Department of Planning Services) L. The applicant shall provide a detailed drawing of the access points showing entrance and exit lanes with adequate turning radiuses, small paved parking lot to accommodate customers, circulation pattern on the immediate area including employee parking, truck parking area et cetera. Evidence from the Department of Public Works that the application has been conditionally approved shall be provided to the Department of Planning Services. (Department of Planning Services) M. Evidence shall be provided to the Department of Planning Services that all vehicles located on the property must be 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. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) N. The applicant shall address the requirement (concerns) of the Weld County Building Department, as stated in their referral response dated December 15, 2008. Evidence of approval with all conditions met or mitigated shall be submitted to the Department of Planning Services. (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 (CDOT) which grants access to State Highway 52, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). (Department of Planning Services) 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, Colorado Department of Health and Environment, if applicable. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Q. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Ready Mixed Concrete Company, USR-1682, Page 9 • Environment. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) S. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) T. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can 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. (Department of Public Health and Environment) U. The applicant shall submit evidence to Environmental Health Services, Weld county Department of Public Health & Environment Department 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. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) V. In the event the facility's water system serves more 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. (Department of Public Health and Environment) 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 & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on 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 site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 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. Alternatively, Ready Mixed Concrete Company, USR-1682, Page 10 • • the applicant can provide evidence from the EPA that they are not subject to EPA Class V requirements. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) The applicant shall submit drawings that 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. (Department of Planning Services) AA. The applicant shall submit all drawings associated with the Holton Lakes Mine Permit, approved by the Board of County Commissioners on August 22, 2007 under USR-1608 and pay the applicable recording fees. (Department of Planning Services) AB. 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. 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) 3. Prior to the release of the Grading Permit: 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 USR plat; or, the applicant may submit evidence that all the work has been completed and approved by County staff. (Department of Planning Services) 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 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 access road shall be paved a minimum of five hundred feet in length with asphalt, concrete, or the equivalent from County State Highway 52 into the site. Two cattle guards must be installed back to back at the end of the pavement. (Department of Public Works) D. Access to State Highway 52 shall be paved with adequate turning radiuses a minimum of sixty feet in width to accommodate two-way traffic and match the existing grade to accommodate heavy truck hauling. (Department of Public Works) E. The applicant shall install a stop sign at the exit of the pit approach onto State Highway 52. Also required will be additional speed limit signs on the designated haul route from the facility. (Department of Public Works) Ready Mixed Concrete Company, USR-1682, Page 11 • 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. (Department of Planning Services) G. The applicant shall submit evidence of amendment approval from the State of Colorado Division of Mining Reclamation Safety to the Department of Planning Services for both the Holton Lakes Mine Permit, M2007-008, and the Morton Lakes Mine Permit M2008- 082. (Department of Planning Services) 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. (Department of Planning Services) The western access to the Morton property shall be blocked or gated to prevent access to the property. The access can remain for emergency access only. Gate shall be signed as emergency access only. (Department of Public Works) J. 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) 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 euthanize or relocate before construction begins. Further should construction commenced between March 15 and October 31, survey property for burrowing owls, a State listed threatened species. Evidence of approval with all conditions met or mitigated shall be submitted in writing to the Department of Planning Services. (Division of Wildlife) 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 is not temporary of seasonal, a permanent water supply is required. The commercial well may be sufficient for a potable water source. Evidence of approval with all conditions met shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) 5. Prior to issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed Office/Weigh Station and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) 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 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 Helath 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 shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) 6. The Special Review activity 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) Ready Mixed Concrete Company, USR-1682, Page 12 7. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department of Planning Services) 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) Ready Mixed Concrete Company, USR-1682, Page 13 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Ready Mixed Concrete Company - Morton Lakes USR-1682 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility 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. (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. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 8. 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. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the dust abatement plan at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) Ready Mixed Concrete Company, USR-1682, Page 14 • 13. 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) 14. Bottled water shall be provided to employees at the temporary locations of the working face at all times. (Department of Public Health and Environment) 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 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). (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 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 (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 19. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) • 20. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Department of Public Health and Environment) 21. 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) 22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 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. (Department of Planning Services) 24. Section 23-4-290.8 of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. 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) 25. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed areas. (Department of Planning Services) 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 15-1-180. (Department of Public Works) 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. (Department of Public Works) Ready Mixed Concrete Company, USR-1682, Page 15 • 28. 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) 29. The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 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. (Department of Planning Services) 31. The landscaping on site shall be maintained in accordance with the approved Landscape, Screening and Berm Plan. (Department of Planning Services) 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 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) 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. (Department of Building Inspection) th 34. 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) 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. (Department of Building Inspection) 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. (Department of Building Inspection) 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 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) 38. A Flood Hazard Development Permit shall be submitted for all buildings, stockpiling and berming in the 100 -year flood plain. (Departments of Building Inspection and Planning Services) 39. 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) 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. Ready Mixed Concrete Company, USR-1682, Page 16 • 41. • (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 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) 42. The number of employees associated with the daily operations is limited to 15 persons per shift. (Department of Planning Services) 43. The applicant shall operate in accordance with the approved "Noise Control Plan", at all times. (Department of Public Health and Environment) 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, Weld County Code. 47. 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. 48. 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. 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 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) 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. (Department of Planning Services) Ready Mixed Concrete Company, USR-1682, Page 17 • ca COLORADO • • March 5, 2009 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Ready Mixed Concrete 14585 Brighton Rd Brighton CO 80641 Subject: USR-1682- 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 on a parcel of land described as Lot B RE -1525 being part of the SE4 of Section land the NE4 of Section 12, Ti N, R67W; 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 RE -835 being part of the SE4 of Section 1, T1 N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 7, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, North Weld Planning Department, 918 10" Street, Greeley, Colorado. A subsequent hearing will be held on April 29, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10" 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. . ‘actr. WI�YG COLORADO • Se November 25, 2008 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Ready Mixed Concrete 14585 Brighton Rd Brighton Co 80641 Subject: USR-1682- Request for a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District on a parcel of land described as Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, T1 N, R67W; 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 RE -835 being part of the SE4 of Section 1, Ti N, R67W 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 Ft. Lupton Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 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 Ft. Lupton 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, Kim Ogle Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE • • • THE LAST DAY TO POST THE SIGN IS MARCH 27, 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 COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING A CONCRETE BATCH PLANT, RECYCLED CONCRETE AND GRAVEL MINING FACILITY AND THE IMPORTATION OF MINERAL RESOURCE MATERIAL FROM USR-1608 HOLTON LAKES IN THE A (AGRICULTURAL) ZONE DISTRICT. STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed WITNESS my hand and official seal. No ary ' ublic My Commission Expires: KIM OGLE Name of Person Posting Sign 1 Signatre of Person Posting Sign and sworn to me thi day ofAka) , 2009. ND...... It •, tkTikNk61W12:43/4. ‘ *44-11V, :0 --4). A 1 Ix Ts 9 r r_ 7 • 1 - ", t ti Si; • • . FIl1��IL. 4 � I .� .: - `t! • ,i7 !Iv 1I f t,:. .. t -.. 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R 1i. 1 •ls • iz. 4+e ";} 414 a• 4� tt etc,. ;,•I4� ..,.. . t: ' - • '''`R'1c. • 'S. - v �9R u,1ry i 4 . •`mot " \_ +rti�J'i i'� �� .. ♦. �q `'� �� 'y 4r.� N t lZ-r 11 O,£ r. �► �ti.. _ 4 < ` ,i\ ;J •tea• t Er•P ��.. .rte ma y: �. �. �. � + � ? .. tllf \ 1._. - - J. , �- Z • - - _. -Came • , FIELD CHECK inspection date: March 2009 • Applicant: Ready Mixed Concrete Company Morton Lakes, LLC • • Request: Legal Description: Location: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility and the importation of mineral resource material from USR-1608 Holton Lakes in the A (Agricultural) Zone District Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, Ti N, R67W; 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 RE -835 being part of the SE4 of Section 1, T1 N, R67W of the 6th P.M., Weld County, Colorado. Generally located 0.25 miles South of State Highway 52; 0.5 miles East of County Road 23; and West of and adjacent to County Road 25 Section Line and approximately 0.5 miles North of County Road 10 Size of Parcel: 180 acres, more or less, 134 acres to be mined Parcel Number: 1469 12 100044 & 1469 01 400090 Zoning Land Use N Agricultural N A&W Water and Agricultural Lands, SH 52 E Agricultural E Holton Mine, USR-1608 S Agricultural S Agricultural and Lafarge Riverbend AmUSR-1259 W Agricultural W Agricultural and Residence COMMENTS: Property sits low to the surrounding land form and has historically been and continues to be farmed in row crop. 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. State Highway 85 is approximately one mile to the east of the site. The Board approved Holton Mine is adjacent to the East. Overhead transmission line bisects the property west to east. The ditch and head gate are located to the east crossing back to the southwest of the site. Property has held livestock. There is no irrigation water associated with this property. Oil and gas appurtenances are not visible, although are planned for at a future date uncertain H - House - Modular D - Ditch O - Outbuilding A - Access to property Note if there is a site distance problem with the access — Access is from the Holton Mine to the east Hello