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DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
ID
Greeley, Colorado 80631
CWEBSITE:
www.co.weld.co.us
WI E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
COLORADO FAX(970) 304-6498
September 11, 2008
Lynn Mayer Shults
Regulatory Manager
L.G. Everist, Inc.
7321 East 88th Avenue, Suite 200
Henderson, CO 80640
Subject:7AmUSR:1.255 Fort Lupton Mine
Dear Lynn:
The Department of Planning Services has reviewed your request for information pertaining to
compliance with the existing land use permit,AmUSR-1255 at a facility identified as the Fort Lupton
mina per documents of record held in the Weld County Clerk to the Board's office.
The record indicates that on January 26, 2005, a hearing was held in the Chambers of the Board of
County Commissioners for the purposes of hearing a land use application submitted on behalf of
L.G. Everist, Inc.for a Site Specific Development Plan and an amended Special Review Permit for
Mineral Resource Development facilities; including open pit mining and materials processing;
including a Concrete and Asphalt Batch Plant in the A(Agricultural) Zone District. This application
was approved by this Board.
The record further states that the proposal is located within the Flood Hazard Overlay District area
as delineated on FIRM Community Panel Map#080266-0868C dated September 28, 1982. The
applicant was required to amend their existing Flood Hazard Development Permit#355 to address
the proposed uses associated with this amendment. This requirement was conditionally approved
on January 17, 2005.
The amended Flood Hazard Development Permit#355 is not in compliance with Weld County
Government's conditions of approval as presented in written form dated January 11, 2005. As
stated in this document of conditional approval, " . . . the applicant shall provide supplemental
certification stating that the stockpiles, berms, and processing equipment will not encroach on
the water surface elevation of intermediate loading by more than 1 [foot] ...."
•
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ass
PL/3
The Departments of Public Works and Planning Services note that the requested certifications
are not in the file; the requested new as-built elevation certificates for moved and new buildings
and scales are also not in the file.
The plans show screening berms along the south side of County Road 18 and also along the
east property line between Everist and the Corner Hill Living Trust property. The submitted
plans do not show berming along the west bank of the current river channel. However, berms
have been constructed along the west bank of the river. These berms may be in conflict with the
condition of approval listed above and in conflict with State river management goals.
Please note that the documentation demonstrating compliance with the conditions of approval
for this application should be submitted to the Department of Public Works, in care of David
Bauer, P.E. and Floodplain Administrator.
The Amended Special Review Permit plat was accepted for recording June 14, 2005; reception
number 3294695.
The Department of Planning Services is unable to acknowledge or verify compliance with any other
permitting requirements by other Local, State and Federal agencies. ,
Should you have further questions, please contact this office at the numbers listed in the masthead.
Thank you for your inquiry.
Sincerely,
Kim
Planning Services
ec: T.Hann,Planning
D.Bauer,Public Works
E.Gesick,Clerk to the Board
File: AmUSR-1255
AmFHDP-355
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