HomeMy WebLinkAbout20083096.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1671 FOR OPEN PIT MINING AND MATERIALS PROCESSING(DRY MINING)
IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY DEPARTMENT OF
PUBLIC WORKS
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 17th day of
December, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Weld County Department of Public Works, 1111 H Street, P.O. Box 758,
Greeley, Colorado 80632, for a Site Specific Development Plan and Use by Special Review
Permit#1671 for Open Pit Mining and Materials Processing(dry mining)in the A(Agricultural)Zone
District on the following described real estate, being more particularly described as follows:
Part of the E1/2 of Section 33, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Jennifer Lee,Applegate Group, 1499 West
120th Avenue, Suite 200, Denver, Colorado 80234-2759, 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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
1) Section 22-5-80.B(CM.Goal 2)states,"Promote the reasonable and
orderly development of mineral resources." According to the Weld
County Sand and Gravel Resources map, dated July 1, 1975, the
site is classified as F-1 (floodplain-relatively clean and sound). The
application materials indicate the site contains approximately 3 to 17
feet of sand and gravel resources underneath less than 1 to 8 feet
of overburden topsoil.
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2) Section 22-5-80.B (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 addresses screening and buffering of adjacent
properties. The nearest residences are located approximately 500
feet to the west, northwest, and southwest of the proposed mining
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.
3) 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 states, "Require, where possible, that
batch plants and processing equipment be buffered from adjacent
uses." Sand and 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 23-2-230.B.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 Use by 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.
c. Section 23-2-230.8.3--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 are located to the southwest of the
site are on an elevated bench overlooking the property. Single family
residences, not located within platted subdivisions, are located
approximately one-quarter of a mile to the northeast (across 59th Avenue)
and one-quarter to one-eighth of a mile to the south and southwest of the
site. The Forest Glen at Kelly Farm and Hunters Cove Subdivisions are
located approximately one-quarter of a mile to the southeast and south of
the proposed mining boundary. Northridge Estates (platted, but not yet
built) is located approximately one-eighth of a 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 and 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
the submittal of a Landscape Plan to address 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 and gravel
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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.
d. Section 23-2-230.8.4--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 three-mile referral area for the City of Greeley. The City of
Greeley, in the referral received September 30, 2008, indicated it can
recommend approval of the project provided the following comments are
satisfactorily addressed:
1) Appropriate measures to mitigate noise from adjacent residential
subdivisions.
2) The Sheep Draw Trail will traverse the site. The applicant shall
indicate how the trail will be taken into account during mining
periods.
3) Proper permitting shall be obtained from the Union Colony Fire and
Rescue Authority for any fuel tanks or propane tanks to be used on
the site.
4) 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 23-2-230.B.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
Maps 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-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 primarily classified as irrigated non-prime, with a
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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 23-2-230.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 this application and the 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 Weld County Department of Public Works for a Site
Specific Development Plan and Use by Special Review Permit #1671 for Open Pit Mining and
Materials Processing (dry mining) 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. 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.B.1 of the Weld County Code 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 state requirements as an attempt to mitigate
concerns.
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B. The applicant shall submit a detailed Signage Plan to the Department of
Planning Services in compliance with the Weld County Code.
C. 59th Avenue is designated on the Weld County Road Classification Plan as
an Arterial road, which requires 140 feet of right-of-way at full buildout. 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.
59th 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.
D. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS)from the Water Quality Control Division of the Colorado Department
of Public Health and Environment for any proposed discharge into state
waterways, if applicable. Evidence of approval shall be submitted to the
Departments of Planning Services and Public Health and Environment.
E. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
September 19, 2008. Evidence of approval shall be submitted, in writing,
to the Department of Planning Services.
F. The applicant shall address the requirements and concerns of the
Department of Natural Resources, Division of Water Resources, Office of
the State Engineer, as stated in the referral response received
September 17, 2008. Evidence of approval shall be submitted, in writing, to
the Department of Planning Services.
G. In the event that one 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 it is not subject to this
requirement.
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. The plan shall include, at a minimum, the
following:
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.
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3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
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 Health
Department approval shall be provided to the Department of Planning
Services.
J. 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 Health Department approval
shall be provided to the Department of Planning Services.
K. 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 may provide evidence from the C0L&E, Oil
Inspection Section, that it is not subject to these requirements.
L. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1671.
2) The location and size of any on-site signs.
3) The approved Landscape and Screening Plan.
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.
5) Oil and gas encumbrances, including gathering lines with
appropriate setbacks, shall be delineated on the plat.
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 trash from being scattered by wind or animals.
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.
8) Off-street parking/loading areas, including the access to the scale
house from the pit area, shall be surfaced with adequate gravel or
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the equivalent and shall have adequate dust control throughout the
approach and loading areas.
9) 59th Avenue is designated on the Weld County Road Classification
Plan as an Arterial road, which requires 140 feet of right-of-way at
full buildout. 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. The City of Greeley maintains 59th Avenue.
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, and match the existing grade. The
pavement shall extend through the scale house/office area, or 300
feet minimum, whichever is less.
2. 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. The applicant
shall contact the Colorado Department of Public Health and Environment,
Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit,
for more information.
3. Prior to construction:
A. The applicant shall submit plans for the office/scalehouse to the Union
Colony Fire/Rescue Authority for review and approval.
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.
4. 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 of
the Colorado Department of Public Health and Environment, if applicable.
Evidence of such shall be provided to the Departments of Planning Services
and Public Health and Environment.
5. 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.
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6. 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.
7. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by 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 thirty (30) days from the date of the Board of County Commissioners
Resolution.
8. In accordance with Weld County Code Ordinance#2005-7, approved June 1, 2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, CO ORADO
ATTEST: s `≥r
William 1. er e, Chair
Weld County Clerk to t Ftckf
r` 1 Robert r M. -n, Pro-Tem
BY:
Deputy Clerk the ���r. /- �✓
. Board-
Wil is Garcia
APPR AST •
Ac�,�l
David E. Long I
unty Attorney
Douglas ' demache
Date of signature: / Cr
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD COUNTY DEPARTMENT OF PUBLIC WORKS
USR#1671
1. A Site Specific Development Plan and Use by Special Review Permit#1671 is for a Mineral
Resource Development Facility, including Open Pit Mining and Materials Processing (dry
mining) in the A (Agricultural) Zone District subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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.
4. 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.
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, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan at all
times.
8. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
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.
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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, 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.
12. Adequate hand washing and toilet facilities (bottled water and portable toilets) shall be
provided for all personnel located at, or entering onto, the facility.
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13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. Portable toilets may be utilized on sites that are temporary locations of the working face and
where the portable processing equipment is located.
15. Bottled water shall be provided to employees at the temporary locations of the working face
and portable processing equipment at all times.
16. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
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 the Colorado Division
of Mining, Reclamation and Safety.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight, except in the case of public or private emergency
or to make necessary repairs to equipment. Mining and hauling shall occur between the
hours of 6:00 a.m. and 4:30 p.m., during summer months, and between the hours of
7:00 a.m. and 3:30 p.m., during winter months. Operations may be extended with specific
permission from the Weld County Board of County Commissioners. This restriction shall
not apply to the operation of administrative and executive offices or repair and maintenance
facilities located on the property.
23. The number of employees on the site at one time shall not exceed twenty (20).
24. 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.
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25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180 of the Weld County Code.
27. The applicant shall submit plans for the office/scale house to the Union Colony Fire/Rescue
Authority for review and approval.
28. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
29. The site must take into consideration stormwater capture/quantity and provide accordingly
for Best Management Practices.
30. 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, and match the existing grade.
The pavement shall extend through the scale house/office area, or a minimum of 300 feet,
whichever is less, and a small paved parking lot accompanying the facility.
31. 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.
32. A 40-foot radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic.
33. The applicant shall comply with all Colorado Department of Public Health and
Environmental (CDPHE) regulations regarding berming and spill prevention for materials
and liquids stored on the site.
34. The applicant shall comply with all Colorado Department of Public Health and Environment,
Water Quality Control Division, regulations regarding stormwater quality permitting and
protection and construction stormwater discharges.
35. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations, including drill pad construction, stormwater controls, and
reclamation.
36. The applicant is required to comply with Weld County Code (Chapter 23, Article V, and
Section 23-5-260.N)requirements for anchoring oil and gas facilities located in floodplains
and floodways, where applicable.
37. 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
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effective Flood Insurance Rating Map (FIRM), panel number 0802660609C, dated
September 28, 1982. Portions of lots located in the current effective FEMA 100-year
floodplain may not be buildable.
38. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
39. 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 Colorado registered engineer shall be required.
40. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
41. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
42. A letter of approval from the Union Colony Fire/Rescue Authority is required prior to the
issuance of building permits.
43. A Flood Hazard Development Permit shall be submitted for buildings constructed or moved,
and stockpiles within the 100-year floodplain.
44. 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.
45. In the event that the property is sold by Weld County to an outside party, the new owner
shall complete all proposed improvements,including those regarding access improvements,
or enter into a Long-Term Road Maintenance Agreement and Improvements Agreement
According to Policy Regarding Collateral for Improvements and post adequate collateral for
all required materials. The Agreements and form of collateral shall be reviewed by County
staff and accepted by the Board of County Commissioners.
46. Prior to mining Phase II, evidence of a good-faith effort to address the concerns of the
Greeley No. 3 Ditch Company, regarding the relocation of the headgate, shall be provided
to the Department of Planning Services.
47. 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.
48. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
49. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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50. 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.
51. 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.
52. 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
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
53. 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.
54. 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.
2008-3096
PL1999
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