HomeMy WebLinkAbout20082464.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Dust& Dirt Excavating, LLC Case Number USR-1660
Submitted or Prepared
• Prior to At
Hearing Hearing
-PC Resekitien• X
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form X
Letter to Applicant X
Affidavit of sign posting X
2 Legal Notifications X
3 Application X
4 Referral List X
Referrals without comment X
City of Evans, referral received 6/10/08 X
Town of Garden City, referral received 7/16/08 X
ti Town of Kersey, referral received 6/18/08 X
Weld County Zoning Compliance, referral received 6/11/08 X
• Weld County Sheriff's Office, referral received 6/30/08
5 Referrals with comments X
X
Union Colony Fire Protection District, referral received 6/16/08
City of Greeley, referral received 7/7/08 X
Weld County Planning, Landscape, referral received 6/16/08 X
Weld County Department of Public Health and Environment, referral X
received 7/7/08
Weld County Department of Building Inspection, referral received 6/17/08 X
Weld County Department of Public Works, referral received 7/1/08 X
Colorado Department of Transportation, referral received 6/20/08 X
US Army Corps of Engineers, referral received 6/16/08 X
State of Colorado, Division of Water Resources, referral received 7/9/08 X
6 Maps X
.` 7 Deed/ Easement Certificate X
8 Surrounding Property/Mineral Owners X
9 Utilities X
}a- EXHIBIT X
2008-2464
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-- 11 Feu txfIDlt$ A
11.A Letter from KerrMcGee dated 7/31/08 X
�' 11.6 Email from Sherry Bursey dated 8/5/08 X
— 11.C Greeley/Weld County Airport, referral received 8/5/08 X
11.D State of Colorado, Division of Water Resources, referral received 8/11/08 X •
I hereby certify that the twenty items identified herein were submitted to the D a entpfglanning Se ices at or prior to the
Jsc dul d d'of Coynty mm�)�-stoners hearing.
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�� Michelle Martin Planner
•
6
• _
VC LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Planner: Michelle Martin
Case No.: USR-1660 Hearing Date: August 5, 2008
Applicant: Dust & Dirt Excavating LLC c/o Darwin Derr
Address: 699 North 1'Avenue, Greeley CO 80631
Request: Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including open pit mining and material processing in the A(Agricultural)
Zone District. (Derr Pit)
Legal: Part NE4 Section 4, T5N, R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to Balsam Avenue and North of State Highway 263
Area included in Use by Special Review
• USR Size: 39.19+/-acres Area to be Mined: 31.85 +/-acres
Parcel No.: 0961 04 000060
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 from the following agencies:
• Weld County Zoning Compliance, referral received 6/11/08
• City of Evans, referral received 6/10/08
• Town of Garden City, referral received 7/16/08
• Town of Kersey, referral received 6/18/08
• Union Colony Fire Protection District, referral received 6/16/08
• State of Colorado, Division of Water Resources, referral received 7/9/08
• US Army Corps of Engineers, referral received 6/16/08
• Colorado Department of Transportation, referral received 6/20/08
• Weld County Department of Public Works, referral received 7/1/08
• Weld County Department of Building Inspection, referral received 6/17/08
• Weld County Department of Public Health and Environment, referral received 7/7/08
• Weld County Planning, Landscape, referral received 6/16/08
• Weld County Sheriffs Office, referral received 6/30/08
• City of Greeley, referral received 7/7/08
• EXHIBIT
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The Department of Planning Services'staff has not received responses from the following agencies: •
• Weld County Paramedic Services
• Colorado Division of Wildlife
• Weld County School District RE-6
• West Greeley Soil Conservation District
• Greeley/Weld County Airport Authority
• Colorado Division of Reclamation Mining and Safety
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SPECIAL REVIEW PERMIT
W
ADMINISTRATIVE REVIEW
hiDe
COLORADO
Planner: Michelle Martin
Case No.: USR-1660 Hearing Date: August 5, 2008
Applicant: Dust& Dirt Excavating LLC do Darwin Derr
Address: 699 North 1'Avenue, Greeley CO 80631
Request: Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including open pit mining and material processing in the A
(Agricultural)Zone District. (Derr Pit)
Legal: Part NE4 Section 4, T5N, R65W of the 6th P.M., Weld County, CO
• Location: East of and adjacent to Balsam Avenue and North of State Highway 263
Area included in Use by Special Review
USR Size: 39.19 +/-acres Area to be Mined: 31.85 +/-
acres
Parcel No.: 0961 04 000060
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 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.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 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 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
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Zone District. Section 23-3-40.A of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Mineral Resource Development facility
including open pit mining and material processing in the A(Agricultural)Zone District.
C. Section 23-2-220.A.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 use. Additionally, in the area there are several Use by Special Reviews
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.South
of the proposed development is within the City of Greeley. There are ten (10) property
owners within five hundred (500)feet of this proposed development. Weld County has not
received any letters or telephone calls from surrounding property owners. The property
owner to the south did make inquires regarding the proposal. Based on the exiting
conditions,development standards and the surrounding uses the proposed mining operation
is compatible with the existing land uses.
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 subject property lies within the three-mile referral area of 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 a referrals dated 6/10/08, 6/18/08 and 6/23/08 stating
they had reviewed the request and find no conflicts with their interests. The City of Greeley
referral dated 7/3/08 indicating they can recommend approval to the proposed Use by
Special Review with the enclosed comments satisfactorily addressed: Ecological •
Significance, Growth, Mineral Extraction, Reclamation, Fire,Water, and Water Resources.
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 U.S. Army Corp of Engineers'floodplain and floodway maps. The Department of Public
Works in their referral dated 6/24/08 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 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 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 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250, 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.
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H. Section 23-4-250--Additional requirements for open-mining have been addressed through
this application and the Development Standards will ensure compliance with Section 23-4-
250 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 Services' staff recommendation for approval is conditional upon the following:
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. (Department of Planning Services)
2. All sheets shall be labeled USR-1660 (Department of Planning Services)
3. All existing and future oil and gas facilities, drill envelopes, and setbacks, if
applicable by the surface use agreement or by state statue. (Department of
Planning Services)
4. The attached Development Standards associated with this application.(Department
of Planning Services)
• 5. The location of any on-site signs, including all appropriate stop signs, speed limit
signs, haul route designation signs shall be posted at both entrances. (Department
of Planning Services)
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 build out The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. If the right-of-
way can not 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. (Department of Public Works)
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. (Department of Planning Services)
8. All proposed structures meet the setback requirements. (Department of Planning
Services)
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 berm's, if required.
The applicant shall also provide written evidence on how the proposed landscaping
will be irrigated. (Department of Planning Services)
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, Colorado Department
• of Health and Environment, if applicable. Evidence of the Department of Public Health and
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Environment approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
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. (Department of Planning Services)
D. In the event washing of vehicle will occur on 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 the Department of Public Health and Environment
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
E. In the event that 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,Weld County
Department of Public Health&Environment. Alternately,the applicant can provide evidence
that they are not subject to this requirement. Evidence of the Department of Public Health
and Environment approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
F. The applicant shall submit a dust abatement plan for review and approval, to the •
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of the Department of Public Health and Environment approval shall be submitted
to the Weld County Department of Planning Services. (Department of Public Health and
Environment)
G. The applicant shall submit a noise control plan for review and approval,to the Environmental
Health Services,Weld County Department of Public Health &Environment. Evidence of the
Department of Public Health and Environment approval shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and Environment)
H. Submit documentation to the Environmental Health Services Division of the Weld County
Department of Public Health & Environment indicating that a permanent water source is
available. Evidence of the Department of Public Health and Environment approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
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. Evidence
of the Department of Public Health and Environment approval shall be submitted to the Weld
County Department of Planning Services. 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.
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3) The waste handler and facility where the waste will be disposed (including
the facility name,address, and phone number). (Department of Public Health and
Environment)
J. 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 has been approved by the State of Colorado, Division of Water
Resources as stated in the letter dated 7/2/08. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (State of Colorado, Division of Water
Resources)
K. Written evidence of approval or obtaining 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. (Department of Planning Services)
L. 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 USR plat. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
• M. The applicant shall attempt to address the requirements (concerns) of City of Greeley, as
stated in the referral response dated 7/3/08. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (City of Greeley)
N. The applicant shall address the requirements(concerns)of the Weld County Department of
Planning Services Landscape referral as stated in the referral response dated 6/16/08.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
Q. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in the referral response dated 6/24/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Works)
P. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation, as stated in the referral response dated 6/18/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Colorado
Department of Transportation)
Q. The applicant shall address the requirements (concerns) of Union Colony Fire Protection
District, as stated in the referral response dated 6/16/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.(Union Colony Fire
Protection District)
2. Upon completion of 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 Department of Planning Services' Staff. The plat shall be
• prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
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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. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
A 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 mapsco.weld.co.us. (Department of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005,should the plat not
be recorded within the required sixty(30) days from the date the Board of County Commissioners
resolution was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
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 Regulations.
(Department of Public Health and Environment)
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• A SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dust & Dirt Excavating LLC
USR-1660
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
facility including open pit mining and material processing in the A(Agricultural)Zone District. (Derr Pit)
(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, blowing
debris, and other potential nuisance conditions. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
7. 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)
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. The facility shall operate in accordance with
the approved nosie control plan. (Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
10. Adequate handwashing and toilet facilities shall be provided for all personnel located at or entering the
facility. (Department of Public Health and Environment)
11. 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)
12. Portable toilets may be utilized on sites that are temporary locations of the working face and where the
portable processing equipment is located. (Department of Public Health and Environment)
13. Bottled water shall be provided to employees at the temporary locations of the working face and
portable processing equipment at all times. (Department of Public Health and Environment)
14. A permanent,adequate water supply shall be provided for drinking and sanitary purposes for the scale
house. (Department of Public Health and Environment)
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15. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
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.(Department of Public
Health and Environment)
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 (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
18. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public
Health & Environment, Water Quality Control Division, as applicable. (Department of Public Health
and Environment)
19. 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)
20. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
21. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Planning Services)
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 Section 15-1-180, Articles I and II. (Department of Planning Services)
23. A building permit shall be obtained prior to the change of use of any structure, or construction of any
new structures. (Department of Building Inspection)
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. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits Submittal plans shall include a floor
plan showing the specific uses of each area for 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 Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Department of Building Inspection)
25. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code;2006 International Mechanical Code;2006 International Plumbing Code;2006 International Fuel
Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
26. Buildings located within a 100 year floodplain require a Flood Hazard Development Plan. (Department
of Building Inspection)
27. Prior to the release of building permits, the applicant shall submit evidence of approval from the
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• Western Hills Fire Protection District to the Weld County Building Department.(Department of Building
Inspection)
28. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
29. All gravel trucks transporting materials out of the area on county roads shall ensure that their loads are
covered, thus reducing loose materials on the roadway and the amount of damage to vehicles.
(Department of Planning Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
32. Hours of operation shall be daylight hours. 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)
33. The landscaping on site shall be maintained in accordance with the approved Landscape,Screen and
Buffering Plan. (Department of Planning Services)
34. The number of on-site employees shall be limited to six (6) as stated in the application materials.
• (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
37. The property owner or operator shall be responsible for complying with the Open-mining Standards
of Section 23-4-250, Weld County Code. (Department of Planning Services)
38. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Planning Services)
39. 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. (Department of
Planning Services)
40. 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. (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
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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)
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. (Department of Planning
Services)
43. 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)
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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
•
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a DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
• '� 4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
iglig C.
COLORADO
June 16, 2008
Darwin Derr
Broken Arrow Investments, LLC
699 N 1st Av
Greeley CO 80631
Subject: USR-1660 - Request for a Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development facility including open pit mining and material processing in the
A(Agricultural) Zone District on a parcel of land described as Pt NE4 Section 4, T5N, R65W of
the 6th P.M., Weld County, Colorado.
Dear Applicants:
• I have scheduled a meeting with the Weld County Planning Commission on August 5,2008,at 1:30 p.m. This
meeting will take place in the Hearing Room, Greeley Planning Department, 918 10`" Street, Greeley,
Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the
Planning Commission members 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 has provided the Weld County
Planning Department with written certification indicating the above requirements have 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.
Re ectfully,
Mic I 1)1"-
rtin
• Planner
• •
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
• 4209 CR 24.5 •
LONGMONT, CO 80504
210, Ext. 8730
IUD C PHONE: (720)FAX�720) 652-42111
COLORADO
June 6, 2008
Darwin Derr
Broken Arrow Investments, LLC
699 N 1st Av
Greeley CO 80631
Subject: USR-1660 - Request for a Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development facility including open pit mining and material processing in the
A(Agricultural)Zone District on a parcel of land described as Pt NE4 Section 4, T5N, R65W 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 been received them.
• Once the concerns and requirements of the referral agencies have been met or the applicant has show 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 Evans, Garden City, Greeley,
and Kersey Planning Commission for their review and comments. Please call Evans at 970-339-5344,
Garden City at 970-351-0041, Greeley at 970-350-9770, and Kersey at 970-353-1681 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 Evans, Garden City, Greeley, and Kersey 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.
• Res.-ctfully,
Miche e in
Planner
S
• • Page l of 1
Michelle Martin
From: Kim Ogle
Sent: Thursday, May 29, 2008 6:21 PM
To: JC York
Cc: Michelle Martin
Subject: RE: Derr Pit USR Application
CASE HAS BEEN FORWARDED TO MICHELLE MARTIN IN THE SOUTHWEST SERVICE CENTER OFFICE FOR
PROCESSING
SHE IS AVAILABLE ON MONDAY TO ASSIST WITH YOUR REQUEST.
Kim Ogle I Planning Manager
From: JC York [mailto:JCYork@j-tconsulting.com]
Sent: Thursday, May 29, 2008 9:56 AM
To: Kim Ogle
Subject: Derr Pit USR Application
Kim—
I am going to send a pdf of the entire USR application to you today. I forgot to get a copy of the application itself
for our files yesterday when I turned the application in to you. Could you send me a pdf scan of it? That way I can
• include it in the document I will be sending later today.
Also we would like to go ahead with the old process of scheduling the planning commission hearing now rather
than waiting for referral comments. If we get a bunch that will take some more time to respond to we will probably
continue the planning commission hearing if that ends up being the case.
Let me know if you have any questions.
Regards,
J.C.
Mr. J.C. York, P.E.
J&T Consulting, Inc.
970-222-9530 (Cell)
303-457-0735 (Office)
303-920-0343 (FAX)
•
06/02/2008
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 7/25/08 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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1660 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Michelle Martin
Name of Person Posting Sign
• ��
Signature of Person Posting Sign
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me this r I day of L l , 2008.
WITNESS my hand and official seal. J
Nte
DEBRA t
Notary Public 1 BR0DHEAD
iO
My Commission Expires: 1 yp�/(72009
F0F CO
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• CASE NUMBER: USR-1660 DATE OF INSPECTION: 7-3- 08
APPLICANT'S NAME: Dust& Dirt Excavating, LLC
PLANNER: Michelle Martin
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including open pit mining and material processing in the A (Agricultural)
Zone District.
LEGAL DESCRIPTION: Pt NE4 Section 4,T5N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to Balsam Av and North of State Hwy 263.
LAND USE:
N A
E /louse- /,Z4 /
S / ,9 / /low�rf /Y!' .>(PG / ✓i roni 4 nre/C� /Celt
f7A� J
ZONING: N A(Agricultural)
E A(Agricultural)
• S A(Agricultural)
W A(Agricultural)
COMMENTS:S i-I-c iS 7051cad ,pare 4r Le? lenJe/// *n-
0 4,1-c w :#111• �l�ttc� -{6 su rrotena�Jq neyhbars
hu n--k n coy ha ✓-e So ; - -S •-{ Ocre4
is dr
P.C. M mbCr 5r
•
• FIELD CHECK inspection date: 7/18/08
Planner: Michelle Martin
Case No.: USR-1660 Hearing Date: August 5, 2008
Applicant: Dust& Dirt Excavating LLC c/o Darwin Derr
Address: 699 North 15'Avenue, Greeley CO 80631
Request: Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including open pit mining and material processing in the A
(Agricultural)Zone District. (Derr Pit)
Legal: Part NE4 Section 4, T5N, R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to Balsam Avenue and North of State Highway 263
Area included in Use by Special Review
USR Size: 39.19 +/-acres Area to be Mined: 31.85 +/-acres
Parcel No.: 0961 04 000060
• Zoning Land Use
N R-1 N Agricultural and oil and gas facility (USR-717)
E A (Agricultural) E Residential/Agricultural
S City of Greeley S Agricultural
W A (Agricultural) W Gravel Pit (USR-690) and oil and gas facility
(USR-679)
COMMENTS:
The Site currently has one access off of Balsam Ave. There are no improvements on
the site other then oil and gas wells. The property slopes to the south.
fig
Miche le Martin , Planner
•
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