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Home My WebLink About20083098.tiff , - INVENTORY OF ITEMS FOR CONSIDERATION Applicant Weld County Case Number USR-1671 • Submitted or Prepared Prior to At Hearing Hearing v 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X "4 2 Application X X Maps Deed/Easement Certificate Surrounding Property/ Mineral Owners X Utilities N(1T 3 Referral List X Referrals without comment X Sheriffs Office referral received 8/29/2008 X Greeley#3 Ditch Company referral received 9/22/2008 X Union Colony/Fire Rescue Authority referral received 9/3/2008 X • N' 4 Referrals with comments X Weld County Department of Public Works referral received 9/19/2008(3 pages) X Weld County Department of Public Health and Environment referral received X 10/15/2008(4 pages) Weld County Zoning Compliance Officer referral received 8/26/2008 'N' Noble Energy referral received 9/12/2008 X Weld County Department of Building Inspection referral received 9/29/2008 X ss�7q� I Department of Planning Services Landscape referral received�l2008(�pages) X City of Greeley referral 9/30/2008(3 pages) X 9 State of Colorado Division of Water Resources—'F9/17/2008 X 5 Surrounding Property Owners/Mineral Owners -Letters N 6 PC Exhibits 6A Sign posting affidavit (j ;,, icy � X 6B Letter from Mary Jane Duran-Blietz dated 8/6/2008 X 7 Planning Comr^is'ine P cn1i.dion rg-r -; • I kMizro 2008-3098 I hereby certify that the 17 items identified herein were submitted to the Department aottn. of Planning Services at or prior to the scheduled Planning Commissioners hearing.• Chris Gathman :• Planner • • • ftticrarg I I 1D O LAND USE SUMMARY S ION SHEET COLORADO Planner: Chris Gathman Case Number: USR-1671 Hearing Date: November 4, 2008 Applicant: Weld County Request: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing (dry mining) in the A (Agricultural)Zone District. Legal Description: Part NE4 of Section 33, T6N, R66W; and W2 SW4 Section 30; NW4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to 59th Avenue and approximately 'A mile south of O Street Size of Parcel: +/- 158.7 Acres Parcel Number: 0805 33 000088 • 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 Public Works, referral received September 19, 2008 Weld County Department of Public Health and Environment, referral received September 23, 2008 • Weld County Code Compliance, referral received August 26, 2008 • Weld County Department of Building Inspection, referral received September 29, 2008 • City of Greeley, referral received September 30, 2008 • Weld County Department of Building Inspection, referral dated June 6, 2008 • State of Colorado, Division of Water Resources, referral received September 17, 2008 • Weld County Department of Planning Services, Landscape referral received August 29, 2008 • Weld County Sheriff's Office, referral received August 29, 2008 • Union Colony Fire/Rescue Authority, referral received September 3, 2008 • New Cache La Poudre(Greeley No. 3) Ditch Company, referral received September 22, 2008 • Noble Energy, referral received September 12, 2008 • The Department of Planning Services' staff has not received responses from the following agencies: Sheep's Draw Mine—Weld County, USR-1671 Page 1 EXHIBIT 1 • Division of Mining Reclamation and Safety Ambulance Services • State of Colorado, Division of Wildlife • US Army Corps of Engineers • • arlg\ Sheep's Draw Mine—Weld County, USR-1671 Page 2 "IDe • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Chris Gathman Case Number: USR-1671 Hearing Date: November 4, 2008 Applicant: Weld County Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing (dry mining) in the A (Agricultural)Zone District. Legal Description: Part NE4 of Section 33, T6N, R66W; and W2 SW4 Section 30; NW4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to 59th Avenue and approximately IA mile south of O Street Size of Parcel: +/- 158.7 Acres Parcel Number: 0805 33 000088 • 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 22-5-80.6 (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1, 1975, is classified as F-1 (floodplain — relatively clean and sound). The application materials indicated that approximately 3 to 17 feet of sand and gravel resources underneath less than 1 foot to 8 feet of overburden topsoil is located on the site. Section 22-5-80.8 (CM.Goal 3) states, "Minimize the impacts of surface mining activities on surrounding land uses, roads and highways." The applicant shall submit a landscaping and screening plan that specifically address screening and buffering of adjacent properties. The nearest residences are located • approximately 500 feet to the west, northwest and southwest of the proposed mining Sheep's Draw Mine—Weld County, USR-1671 Page 3 • operation. The nearby residences located to the southwest of the facility are located on a bench overlooking the site. The ability to screen the facility from these residences will therefore be limited. Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." CM.Policy 4.1.5. Require, where possible, that batch plants and processing equipment be buffered from adjacent uses. Sand & gravel processing equipment and stockpiles will be located at the bottom of the mining pit as soon as mining allows thus reducing visual and noise impacts to surrounding properties. 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 Facility including Open Pit Gravel Mining and materials processing (Dry Mining) 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. The nearest residences are located approximately 500 feet to the west, southwest and northwest of the proposed mining location. Residences to the southwest are located to the southwest of the site on an elevated bench overlooking the property. Single family residences not located within platted subdivisions are located approximately 1/4 mile to the • northeast (across 59`h Avenue) and '/<-1/8 mile to the south and southwest of the site. The Forest Glen at Kelly Farm and Hunters Cove subdivisions are located approximately Y, mile to the southeast and south of the proposed mining boundary. Northridge Estates (platted but not yet built) is located approximately 1/8 mile to the south of the site. The JB Acres subdivision is located immediately to the southwest on a bench overlooking the • proposed mining parcel. Industrial uses are located to the north of the site (adjacent to O Street). The application materials indicate sand &gravel processing equipment and stockpiles will be located at the bottom of the mining pit to reduce visual and noise impacts to surrounding properties. The Department of Planning Services is requiring a landscape plan be submitted addressing the buffering and screening of the property from surrounding residences by the use of berms and plant materials. It should be noted that residences immediately to the south of the site are located on a bench overlooking the site. Therefore the ability to screen the operation from these residences will be limited. Sand & gravel processing equipment and stockpiles will be located at the bottom of the mining pit as soon as mining allows thus reducing visual and noise impacts to surrounding properties. The Department of Planning Services is also requiring the applicant to locate the processing equipment towards the center of the property at the commencement of mining operations until the processing equipment can be located at the bottom of the mining pit. • Sheep's Draw Mine—Weld County, USR-1671 Page 4 • 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. This mining location is within the urban growth boundary area and 3-mile referral area for the City of Greeley. The City of Greeley, in their referral received September 30, 2008 indicated they can recommend approval of the project provided the following comments are satisfactorily addressed: *Appropriate measures to mitigate noise from adjacent residential subdivisions. *The Sheep Draw Trail will traverse the site. The applicant shall indicate how the trail will be taken into account during mining periods. * Proper permitting shall be obtained from Union Colony Fire and Rescue Authority for any fuel tanks or propane tanks to be used on site. * The proposed slurry wall shall be located a minimum of 25-feet from the edge of the sanitary sewer easement to allow for accessibility to the sewer line and to ensure stability of the sewer line. 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 1529E and 1529E dated June 10, 2005. A Flood Hazard Development Permit will be required prior to operation. Building Permits issued 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 subject site is primarily classified as irrigated non-prime with a portion of the site in the southeast portion of the site defined as prime agricultural land as delineated on the Important Farmlands of Weld County map, dated 1979. Section 22-5-80A.1.CM.Policy 1.1. 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. • Sheep's Draw Mine—Weld County, USR-1671 Page 5 • 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 application was submitted prior to the adoption of the new application review process. The application was reviewed under the old process; therefore no community meeting was requested by the Department of Planning Services. The Department of Planning Services recommends that the following conditions of approval and development standards be attached: 1. Prior to recording the plat: A. 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.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5- 100.6.1 of the Weld County Code also states "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." 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. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. (Department of Planning • Services) B. The applicant shall attempt to address the conditions of the City of Greeley as stated in their referral response dated September 30, 2008. Written evidence of such shall be provided to the Department of Planning Services. (City of Greeley) C. The applicant shall address the request of the Department of Planning Services (Landscape Referral) dated August 29, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) D. The applicant shall submit a detailed signage plan to the Department of Planning Services in compliance with the Weld County Code. (Department of Planning Services) E. 59`" Avenue is designated on the Weld County Road Classification Plan as a Collector road, which requires 80 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. 59` Avenue is maintained by the City of Greeley. Any existing and/or future right-of-way required by the City of Greeley shall be indicated on the plat. (City of Greeley) G. 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 and Department of Public Health and Environment. (Department of Public Health and Environment) • Sheep's Draw Mine—Weld County, USR-1671 Page 6 • H. The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in their referral response dated September 19, 2008. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) The applicant shall complete all proposed improvements including those regarding access improvements or enter into 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. (Departments of Public Works and PlanningServices) L. The applicant shall address the requirements (concerns) of the Department of Natural Resources, Division of Water Resources, Office of the State Engineer, as stated in their referral response received September 17, 2008. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) M. The applicant shall provide a written agreement with the Greeley Number 3 canal Company in regards to use of the headgate and the proposed relocation of the existing ditch in phase II. (Department of Planning Services) O. 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. (Department of Public • Health and Environment) P. 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). (Department of Public Health and Environment) Q. The applicant shall submit a dust abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) R. 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 Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) S. Submit documentation to the Environmental Health Services Division of the Weld County Department of Public Health & Environment indicating that a permanent water source is • Sheep's Draw Mine—Weld County, USR-1671 Page 7 • available. Evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) U. 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. (Department of Public Health and Environment) V. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1671. (Department of Planning Services) 2. The location and size of any on-site signs. (Department of Planning Services) 3. The approved Landscape and Screening Plan. (Department of Planning Services) 4. If exterior lighting is a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 5. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be delineated on the plat. (Department of Planning Services) 6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash • collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 7. Add the edge of the sanitary sewer easement line to the "TYPICAL MINING SECTION". The proposed slurry wall shall be a minimum of 25-feet from the sanitary sewer easement line. (City of Greeley) 8. Off-street parking/loading areas, including the access to the scale house from the pit area shall be surfaced with adequate gravel or the equivalent and shall have adequate dust control throughout the approach and loading areas. (Department of Planning Services) 9. 59`h Avenue is designated on the Weld County Road Classification Plan as a Collector road, which requires 80 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. The applicant shall verify the proposed right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. 59th Avenue is maintained by the City of Greeley. (Department of Public Works) 10. Access to 59th Avenue shall be an all-weather surface with adequate turning radiuses a minimum of 24 feet in width to accommodate two-way traffic, match existing grade. The pavement shall extend through the scale house/office area or 300 feet minimum which ever is less. (Department of Public Works) • Sheep's Draw Mine—Weld County, USR-1671 Page 8 • 2. Prior to issuance of the Certificate of Occupancy for the employee office: A. An individual sewage disposal system is required for the proposed employee office and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) 3. One Month Prior to Construction Activities: A. A stormwater discharge permit may be required for a development / redevelopment / construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at wuw cdphe.state.co.uslwq/PermltsUnit for more information. (Department of Planning Services) 4. Prior to construction: A. The applicant shall submit plans for the office/ scalehouse to the Union Colony Fire/Rescue Authority for review and approval. (Union Colony Fire/Rescue Authority) B. The applicant shall provide the Department of Planning Services with an approved Colorado Division of Water Resources Substitute Water Supply Plan or court-approved Augmentation Plan. (Department of Planning Services) • 5. Prior to Operation: A. The applicant shall submit an approved Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Evidence of such shall be provided to the Department of Planning Services and Department of Public Health and Environment. (Department of Public Health and Environment) 6. 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) 7. 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 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) 8. 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) 9. 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 • Sheep's Draw Mine—Weld County, USR-1671 Page 9 • Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sheep's Draw Gravel Pit—Weld County USR-1671 • Sheep's Draw Mine—Weld County, USR-1671 Page 10 • 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing (Dry Mining) in the A (Agricultural) Zone District 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. The applicant/landowner shall provide a written agreement regarding the relocation of the existing gas pipeline with the gas company operating the pipeline prior to the commencement of mining in phase III. (Department of Planning Services) 4. 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) 5. 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 d. (Department of Public Health and Environment) 6. 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) 7. The applicant shall operate in accordance with the approved "waste handling plan" at all times. • (Department of Public Health and Environment) 8. 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) 9. Any vehicle washing area(s) 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) 10. 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) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. The facility shall operate in accordance with the approved "noise control plan" at all times. (Department of Public Health and Environment) 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the employee office. (Department of Public Health and Environment) 13. Adequate handwashing and toilet facilities shall be provided for all personnel located at or entering the facility. (Department of Public Health and Environment) • 14. Any septic system located on the property must comply with all provisions of the Weld County Sheep's Draw Mine—Weld County, USR-1671 Page 11 Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) • 15. Portable toilets may be utilized on sites that are temporary locations of the working face and where the portable processing equipment is equipment. (Department of Public Health and Environment) 16. An individual sewage disposal system is required for the proposed employee office and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) 17. 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) 18. 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) 19. 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) 20. 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) 21. The operation shall comply with all applicable rules and regulations of the Colorado Division of Mining Reclamation and Safety. (Department of Public Health and Environment) 22. 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. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 23. 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. Mining and hauling hours shall occur between the hours of 6:00 AM to 4:30 PM during summer months and between the hours of Hours of 7:00 AM to 3:30 PM during winter months. 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) 24. The number of employees on-site at one time shall not exceed twenty (20). (Department of Planning Services) • Sheep's Draw Mine—Weld County, USR-1671 Page 12 25. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to • protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) 27. 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) 28. The applicant shall submit plans for the office -scale house to Windsor/Severance Fire Protection District for review and approval. (Windsor/Severance Fire Protection District) 29. 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 and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 30. The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 31. Access to 59th Avenue shall be an all-weather surface with adequate turning radiuses a minimum of 24 feet in width to accommodate two-way traffic, match existing grade. The pavement shall extend through the scale house/office area or 300 feet minimum which ever is less and a small paved parking lot accompanying the facility. (Department of Public Works) 32. Off-street parking/loading areas, including the access to the scale house from the pit area shall be surfaced with adequate gravel or the equivalent and shall have adequate dust control throughout the approach and loading areas. (Department of Public Works) • 33. A 40' radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. (Department of Public Works) 34. The applicant shall comply with all Colorado Department of Health and Environmental (CDPHE) regulations regarding berming and spill prevention for materials and liquids stored on site. (Department of Public Works) 35. The applicant shall comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. (Department of Public Works) 36. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations including drill pad construction, storm water controls, and reclamation. (Department of Public Works) 37. The applicant is required to comply with Weld County Code (Section 23-5 and 23-5-260-N) requirements for anchoring oil and gas facilities located in floodplains and floodways where applicable. (Department of Public Works) 38. A majority of the property lies in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number 0802660609C, dated 9/28/1982. Portions of lots located in the current effective FEMA 100-yr floodplain may not be buildable. (Department of Public Works) • Sheep's Draw Mine—Weld County, USR-1671 Page 13 39. The landscaping and screening on site shall be maintained in accordance with the approved • Landscape and Screening Plan. (Department of Planning Services) 40. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or 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) 41. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 42. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. (Department of Building Inspection) 43. A letter of approval from the Union Colony Fire/Rescue Authority is required prior to the issuing of building permits. (Department of Building Inspection) 44. A Flood Hazard Development Permit shall be submitted for buildings constructed or moved, and stockpiles in the 100-year flood plain. (Departments of Building Inspection and Planning Services) 45. 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) 46. 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) 47. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 48. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 49. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 50. 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. 51. 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. 52. 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) Sheep's Draw Mine—Weld County, USR-1671 Page 14 • 53. 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 PlanningServices) • • DEPARTMENT OF PLANNING SERVICES p NORTH OFFICE 918 10TH Street• tA. ce GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 COLORADO August 26, 2008 Weld County do David Bauer 1111 H St PO Box 758 Greeley CO 80632 Subject: USR-1671- Request for a Site Specific Development Plan and a Special Review Permit for Open Pit Mining and Materials Processing(dry mining), subject to the provisions of Article IV, Division 4 of this Chapter in the A(Agricultural)Zone District on a parcel of land described as Part NE4 of Section 33, T6N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for November 4, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th 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. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9770 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 Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum often 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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, 44;4 Chris Gathman Planner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS October 25, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1671 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name ofPerson Posting Sign • Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this4 day of e 12008. 2008. WITNESS my hand and official seal. Notary Public a1 -a-riw..i r BILLIE J. MOORE NOTARY PUBLIC 4- J STATE OF COLORADO My Commission Expires: EXHIBIT • Ia W 1St saNitiii MY fd It #%•...00 itli iiilti Qt :Mi. Ilk l& ..k.ti N.. i \\..) .....) iik. 4,... ii..\ta gki71/4 : , . _ . .,-- " :0 0 all% CI% )..., N. %sail N.... kill SI* 4b tiut; ,\--1 : .4 r%•}-..... ‘ i 4.: .,. ,4 -At (Ojo 44 IC224? (Li ,t, ....k\I c •ct- k tt. cab ife1/4 ct , .. I - - ea. . . .....••'- i '` ` � Q CL d rte` al `.l 4. � ' I Li ,� L� o ta.. '‘,..1" • `- .*HI Ill t! 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FIELD CHECK inspection dates: 10/12/2008 & 10/25/2008 • APPLICANT: Weld County CASE #: USR-1671 REQUEST: A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing (dry mining) in the A(Agricultural) Zone District LEGAL: Part NE4 of Section 33, T6N, R66W; and W2 SW4 Section 30; NW4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to 59th Avenue and approximately 1/4 mile south of O Street PARCEL ID#: 0805 33 000088 ACRES: +/- 158.7 Acres Zoning Land Use N A N Cache La Poudre River—single family residence to NE E A E Agricultural land S A S Single family residence 1/8 mile south and single- family residence approx. 500-feet to SE of property boundary • W A W Single family approx. 500-feet west from property boundary. COMMENTS: Currently a vacant parcel of land with the exception of an oil and gas production facility(tank battery) located at the eastern end of the property. e9::),at.„._ Chris Gathman - Planner II • Hello