HomeMy WebLinkAbout20082462.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1660 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OPEN PIT MINING AND MATERIAL PROCESSING, IN THE A(AGRICULTURAL)ZONE
DISTRICT - DUST AND DIRT EXCAVATING, LLC, C/O BROKEN ARROW
INVESTMENTS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of
October, 2008, at the hour of 10:00 a.m., in the Chambers of the Board,for the purpose of hearing
the application of Dust and Dirt Excavating, LLC, do Broken Arrow Investments, LLC,Attn: Darwin
Derr, 699 North First Avenue, Greeley, Colorado 80631,for a Site Specific Development Plan and
Use by Special Review Permit#1660 for a Mineral Resource Development Facility, including open
pit mining and material processing, in the A(Agricultural)Zone District, on the following described
real estate, being more particularly described as follows:
Part of the NE1/4 of Section 4, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by J.C. York, J and T Consulting, Inc.,
1400 West 122nd Avenue, Suite 120, Westminster, Colorado 80234, and Darwin Derr,
P.O. Box 898, Greeley, Colorado 80632-0898, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-5-80.A (CM.Goal 1) states, "Conserve lands which provide
valuable natural mineral deposits for potential future use in accordance with
state law." The proposed mine area contains a valuable sand and gravel
deposit,therefore, permitting of this site for this use will ensure that material
is available to meet future needs. Further, Section 22-5-70.A states, "The
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SPECIAL REVIEW PERMIT #1660 - DUST AND DIRT EXCAVATING, LLC, CIO BROKEN
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County recognizes that mineral resource extraction is an essential industry.
The availability and cost of materials, such as sand and gravel, have an
economic affect on the general construction and highway construction
industry." Permitting of this site for this use will ensure that material is
available.
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 of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for a Mineral Resource Development Facility, including open pit
mining and material processing, in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Existing land uses surrounding the
property are typically agricultural and residential in nature. Additionally,
there are several Use by Special Review Permits which were approved by
the Board of County Commissioners: west of the site is USR-690 for a
Gravel Mining Operation, and north of the site is USR-717 for an Oil and
Gas Production Facility. The area south of the proposed development is
within the City of Greeley. There are ten (10) property owners within five
hundred (500) feet of the proposed development. Weld County has not
received any letters or telephone calls from surrounding property owners;
however, the property owner to the south did make inquires regarding the
proposal. Based on the exiting Conditions of Approval, Development
Standards, and the surrounding uses, the proposed mining operation is
compatible with the existing land uses.
d. Section 23-2-230.6.4--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 subject property lies within the three-mile referral area
for the City of Evans, Garden City, City of Greeley and the Town of Kersey.
The City of Evans, Garden City, and the Town of Kersey returned referrals,
dated June 10, June 18, and June 23, 2008, respectively, stating they had
reviewed the request and found no conflicts with their interests. The City of
Greeley referral, dated July 3, 2008, indicated it may recommend approval
of the proposed Use by Special Review Permit if the comments regarding
the following issues are satisfactorily addressed: Ecological Significance,
Growth, Mineral Extraction, Reclamation, Fire, Water, and Water
Resources. Approval of the proposed use, with the Conditions of Approval,
will not jeopardize the health,safety,and welfare of the surrounding property
owners.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The proposal is located within the Flood Hazard
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Overlay District area, as delineated on U.S. Army Corp of Engineers'
floodplain and floodway maps. The Department of Public Works, in the
referral dated June 24, 2008, will require the applicant to obtain a Flood
Hazard Development Permit (FHDP) for the proposed development.
Effective January 1, 2003, building permits issued on the subject site will be
required to adhere to the fee structure of the County-Wide Road Impact Fee
Program. Effective August 1, 2005, building permits issued on the subject
site will be required to adhere to the fee structure of the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site is classified as"Irrigated land not prime" and "Other,"
as delineated on the Important Farmlands of Weld County map,dated 1979.
The applicant is not using any "Prime" agricultural land in the proposed
development.
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 Conditions of Approval and
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 Dust and Dirt Excavating, LLC, do Broken Arrow
Investments, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1660
for a Mineral Resource Development Facility, including open pit mining and material processing,
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2) All sheets shall be labeled USR-1660.
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3) All existing and future oil and gas facilities, drill envelopes, and
setbacks, if applicable, as required by the Surface Use Agreement
or by State statue.
4) The attached Development Standards associated with this
application.
5) The location of any on-site signs, including all appropriate Stop
signs, speed limit signs, and haul route designation signs to be
posted at both entrances.
6) County Road 41.5 (Balsam Avenue) is classified by the County as
a local gravel road, which requires a 60-foot right-of-way at full
buildout. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. The plat shall delineate the existing
right-of-way and the documents which created it, along with any
additional right-of-way reservation required.
7) The location of all permanent structures, i.e., scale house, truck
scale,all buildings and/or structures,and known areas for"portable"
machinery associated with this land use application.
8) All proposed structures meet the setback requirements.
9) The applicant shall submit a Landscape Plan identifying the number,
size, and species of all plant material to the Department of Planning
Services for review and approval. This plan shall include
specifications of any proposed berms, if required. The applicant
shall also provide written evidence on how the proposed landscaping
will be irrigated.
10) The applicant shall indicate on the plat how the proposed access will
function with the proposed scale house and internal site circulations
with parking and semi-truck staging. There will need to be at least
one hundred (100) feet of entrance roadway into the site
perpendicular to Balsam Avenue; this is to ensure no stacking or
staging of vehicles on any County roadway.
B. 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 the Department of Public Health and Environment
approval shall be submitted to the Weld County Department of Planning
Services.
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C. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future
drilling sites and/or setbacks.
D. In the event washing of vehicle will occur on the site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be
designated on the plat. Evidence of approval by the Department of Public
Health and Environment shall be submitted to the Weld County Department
of Planning Services.
E. In the event that one(1)or more acres are disturbed during the construction
and development of this site, the applicant shall obtain a Stormwater
Discharge Permit from the Water Quality Control Division of the Colorado
Department of Public Health and Environment. A copy of the permit
application shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment.
Alternately, the applicant may provide evidence that they are not subject to
this requirement. Evidence of approval by the Department of Public Health
and Environment shall be submitted to the Weld County Department of
Planning Services.
F. 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 by the
Department of Public Health and Environment shall be submitted to the
Weld County Department of Planning Services.
G. The applicant shall submit a Noise Control Plan,for review and approval, to
the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Evidence of approval by the Department
of Public Health and Environment shall be submitted to the Weld County
Department of Planning Services.
H. 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. Evidence of approval by the Department
of Public Health and Environment shall be submitted to the Weld County
Department of Planning Services. The plan shall include,at a minimum,the
following:
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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
(including the facility name, address, and phone number).
The applicant shall provide written evidence to the Department of Planning
Services that all issues involving water rights, including a water
court-approved plan for augmentation or substitute water supply plan, have
been approved by the State of Colorado, Division of Water Resources, as
stated in the letter dated July 2, 2008. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
J. Written evidence of approval or soon to obtain approval, from the Colorado
Division of Reclamation Mining and Safety for a permit to mine the resource
shall be submitted to the Weld County Department of Planning Services.
K. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. 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. The Improvements Agreement
will not be needed if the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
L. The applicant shall attempt to address the requirements and concerns of the
City of Greeley, as stated in the referral response dated July 3, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services, as stated in the Landscape
referral response dated June 16, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
N. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated June 24, 2008. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
O. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation, as stated in the referral response dated
June 18, 2008. Evidence of such shall be submitted, in writing,to the Weld
County Department of Planning Services.
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P. The applicant shall address the requirements and concerns of the Union
Colony Fire Protection District, as stated in the referral response dated
June 16, 2008. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
Q. The applicant shall attempt to address the requirements and concerns of the
Greeley-Weld County Airport Authority, as stated in the referral response
dated August 4, 2008. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
4. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
6. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed scale
house and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of October, A.D., 2008.
�* 1E,11, ARD OF COUNTY COMMISSIONERS
,I J D COUNTY, COLORADO
r'
ATTEST: �'vt 'sj� fr�R/ r I
m H. Jerke, Chair
Weld ounty Clerk to the Boar.
� , wr o gcUSED
BY:�• ti ,y—t>Robert D. Ma Pro-Tem
Dep& Clerk ? the Board
illiam F. arcia (�
ED AS •
David E. Long
unt ttorney
Dou las ademache
Date of signature: jb IBS/0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUST AND DIRT EXCAVATING, LLC
C/O BROKEN ARROW INVESTMENTS, LLC
USR#1660
1. A Site Specific Development Plan and Use by Special Review Permit#1660 is for a Mineral
Resource Development Facility, including open pit mining and material processing
(Derr Pit), in the A (Agricultural) Zone District
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. 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.
7. 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. The facility shall operate in
accordance with the approved Noise Control Plan.
8. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. Adequate hand washing and toilet facilities shall be provided for all personnel located at,
or entering, the facility.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. Portable toilets may be utilized on sites that are temporary locations of the working face and
where the portable processing equipment is located.
13. Bottled water shall be provided to all employees.
14. A permanent, adequate water supply shall be provided for sanitary purposes for the scale
house.
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15. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Reclamation Mining and Safety.
16. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Weld County Code, the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
17. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling and in a manner that
minimizes the release of hazardous air pollutants and volatile organic compounds.
18. The applicant shall obtain a Stormwater Discharge Permit from the Colorado Department
of Public Health and Environment, Water Quality Control Division, as applicable.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The operation shall comply with the Occupational Safety and Health Act (OSHA).
21. The site shall comply with the Mine Safety and Health Act (MSHA).
22. 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 Chapter 15, Articles I and II, of the Weld County Code.
23. A building permit shall be obtained prior to the change of use of any structure, or
construction of any new structures.
24. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. The applicant shall
include a Code Analysis Data Sheet provided by the Weld County Department of Building
Inspection with each building permit. Submittal plans shall include a floor plan showing the
specific uses for each area of the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code. The plans shall also
include the design for fire separation and occupancy separation walls, when required by
Chapters 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to
Chapter 9 and exiting requirements by Chapter 10.
25. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
26. Buildings located within a 100-year floodplain require a Flood Hazard Development Plan.
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27. Prior to the release of building permits,the applicant shall submit evidence of approval from
the Western Hills Fire Protection District to the Weld County Department of Building
Inspection.
28. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
29. All gravel trucks transporting materials out of the area on County roads shall ensure that
the loads are covered, thus reducing loose materials on the roadway and the amount of
damage to vehicles.
30. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points
of ingress and egress to clearly identify the boundaries of the site.
31. 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.
32. The hours of operation shall be daylight hours, and 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.
33. The landscaping on the site shall be maintained in accordance with the approved
Landscape, Screen, and Buffering Plan.
34. The number of on-site employees shall be limited to twelve (12).
35. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
37. 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.
38. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
39. 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.
40. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
41. 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 Chapter 23, Division 4, of the
Weld County Code, in order to reestablish any Use by Special Review.
42. 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.
43. 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.
44. 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.
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