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HomeMy WebLinkAbout20071099.tiff DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone(970)353-6100, Ext. 3540 Fax(970)304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case To be completed by APPLICANT in accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrow pit, etc.)mining operation for the following described unincorporated area of Weld County: (to include asphalt and concrete batch plants and a concrete casting facility) LEGAL DESCRIPTION: Located in the Southeast 1/4 of the Northwest'/.and the East Yz of the Southwest 1 and the Southeast 1/4 of Section 12; in the North 1/2 of Section 13; and in the North 1/2 of the Northeast%of Section 24, Township 1 North, Range 67 West, of the 6th P.M. Also located in the Southwest%of Section 7; in the West 1/2 of Section 18; and in Section 19, Township 1 North, Range 66 West, of the 6th P.M. ^4RCEL NUMBER(s): 146912000014, 146912000023, 146912000026, 146912000039, 146912000040, 146912000041, r- 146913000012, 146913000013, 146924000022, 147107000008, 147118000001, 147118000002, 147119000003, 147119000006, 147119000007 and 147119000008(12 digit number-found on Tax I.D. information or obtained at the Assessor's Office) 2. Surface owner(s)of area of land described: Parcel Nos: 146912000014, 146912000026, 146912000039, 146912000040, 146924000022 Name: Mineral Reserves, Inc. c/o Lafarge West, Inc. Address: 10170 Church Ranch Way, Suite 200 Westminster, CO 80221 Phone: 303-657.4000 Parcel No: 147118000002 Name: Lafarge West, Inc. Address: 10170 Church Ranch Way, Suite 200 Westminster, CO 80221 Phone: 303-657-4000 Parcel Nos: 146912000023, 14691200041, 147107000008 Name: City of Thornton Address: 9500 Civic Center Drive Phone: Thornton, CO 80229 Parcel Nos: 147119000003, 147119000007, 147119000008 Name: Donald &Suzanne Rittenhouse Address: 205 N Patit Road Phone: Dayton,WA 99328-8724 Parcel No: 147119000003 Name: Steven McWilliams Address: 12236 WCR 8 Phone: Fort Lupton, CO 80621 EXHIBIT 2007-1099 Page - 1 - Parcel No: 146913000012, 146913000013, 147118000001 Name: Chikuma Family, LLC Address:3550 County Road 23 Phone: Fort Lupton,CO 80621 3. Owner(s)of mineral rights or substance to be mined: Parcel Nos: 146912000014, 146912000026, 146912000039, 146912000040, 146924000022 Name: Mineral Reserves, Inc. c/o Lafarge West. Inc. Address: 10170 Church Ranch Way, Suite 200 Westminster,CO 80221 Phone: 303-657-4000 Parcel No: 147118000002 Name: Lafarge West, Inc. Address: 10170 Church Ranch Way, Suite 200 Westminster, CO 80221 Phone: 303-657-4000 Parcel Nos: 146912000023, 14691200041, 147107000008 Name: City of Thornton Address: 9500 Civic Center Drive Phone: Thornton,CO 80229 Parcel Nos: 147119000003, 147119000007, 147119000008 Name: Donald &Suzanne Rittenhouse Address:205 N Patit Road Phone: Dayton,WA 99328-8724 Parcel No: 147119000003 Name: Steven McWilliams Address: 12236 WCR 8 Phone: Fort Lupton, CO 80621 Parcel No: 146913000012, 146913000013, 147118000001 Name: Chikuma Family, LLC Address: 3550 County Road 23 Phone: Fort Lupton, CO 80621 4. Sources of applicant's legal right to enter and to mine on the land described: Please refer to the Legal Right to Enter letter, Exhibit N of the attached DMG MLRB 112 Permit Application g<• ;- tray 5. Applicant's Address: Phone: (303)61000 Westminairactcr80024— Cec..1C srr z CI° 3- /BOO I.J .TA fYtu. Coy...,N, C a $U 'a Lt 6. Identify any prior permits for mining Meld by applicant or affiliated person: (Partial Listing) Nelson Pit(MLRB Permit No. M-1974-070) 35th Ave Pit(MLRB Permit No. M-1977-036) Greeley West Pit(MLRB Permit No. M-1977-081) Stromquist Pit(MLRB Permit No. 1983-031) Fort Lupton Pit(MLRB Permit No. M-1985-088) Hamm Pit(MLRB Permit No. 1987-176) Cottonwood Pit(MLRB Permit No. M-1988-042) Riverbend (MLRB Permit No. 2000-016) Shaw Pit(MLRB Permit No. M-2001-094) Stoneham Pit(MLRB Permit No.2002-071) Duckworth Pit(MLRB Permit No. M-2003-091) Stoneham#2 Pit(MLRB Permit No. 2005-017 7. Description of Operation: A. Types and number of operating and processing equipment to be used: Please refer to Special Review Use Questionnaire. B. Maximum number of employees: 40, and number of shifts: 2 Page - 2 - C. Number of stages to be worked: 9 , and period of time each is to be worked: Please refer to the Weld County Questionnaire, Mine Schedule for the period of time each is to be worked. D. Thickness of mineral deposit: (Average) 29 feet, and thickness of the overburden: (Average) 6 feet. E. This will be a wet/clu pit operation. F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer): Please refer to the Traffic Study prepared by Eugene Coppola and the attached 'Weld County Road Access Information Sheets' 8. Description of reclamation A. Proposed reclamation land use(s): Lined water storage reservoirs, unlined groundwater-fed ponds and silt basin wetland and upland areas B. Source of technical advice for reclamation: Office of the State Engineer, U.S. Soil Conservation Service, Colorado Division of Wildlife, ERO Resources Corporation (environmental consultants),Tetra Tech RMC, Inc., Colorado Division of Minerals and Geology, U.S.Army Corps of Engineers, U.S. Fish and Wildlife Service, and the U.S. Environmental Protection Agency C. Explanation of Reclamation Process: Please refer to the Weld County Use by Special Review Questionnaire, Reclamation section and Exhibit E of the attached DMG MLRB 112 Permit Amendment application for a detailed description of the reclamation process. Hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or ,ntained within this application are true and correct to the best of my knowledge. ign ure: Owner/Author nt Lafarge North America, Inc. Rev: 1-27-97 Page - 3 - _____.,..�..-1--, a-- 4"110.10.4.=. .. .a ,�„�,,,..�_.,, ._ . _. ,--r.-..-- —•a..s LIWELD COUNTY,COLORADO ARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE(720)652-4210, EXT.8730 -Fax(720)652.4211/ DATE: C /1 20 c S RECEIPT 646 RECEIVED FROM: NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR I k 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE • MISC. t. 7 t 4 ._ 1Ir X4140 I ❑CASH 05,HECK NO: " 2.4 C TOTAL BY: ,.�~ C. ; C WHITE-CUSTOMER CANARY-FINANCE PINK-FILE iiVECCHI &ASSOCIATES, LLC P.O.Box 1 175 Longmont,Colorado 80502-1175 Phone 303-774-0173 Fax 303-774-0173 April 28, 2006 Ms. Jacqueline Hatch, Planner Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Use by Special Review Application to mine, process and sell gravel; operate a concrete and asphalt batch plant; and operate a concrete casting facility Lafarge West,Inc.—Riverbend near Ft. Lupton, Colorado Dear Jacqueline: On behalf of Lafarge West, Inc. we respectfully submit this letter and the attached maps and other associated documentation in order to update the Use by Special Review Application for the ^ Riverbend project. As we have discussed with you previously, the application materials have all been amended to reflect the approved DMG permit and the Partial Vacation of USR#695 application. As a result, when you review the attached materials, you will see that they have all been updated to eliminate Parcel 146901000021 (owned by the Freda L. Dreiling Living Trust) and Parcel 146912000037 (owned by D&S Mining) from the permit boundary. If you have any questions, please call me at 303-774-0173. Sincerely, VECC$I AND ASSOC T9 S, LLC L./ 47fifer E. ecchi, AICP cipal H'4137_012_01115R Application does\coves letter April 2006.doc May 2, 2005 Ms. Jacqueline Hatch, Planner Mr. Kim Ogle, Planner Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Use by Special Review Application to mine,process and sell gravel; operate a concrete and asphalt batch plant; and operate a concrete casting facility. LaFarge West, Inc. —Riverbend near Ft. Lupton, Colorado Dear Ms. Hatch and Mr. Ogle: On behalf of Lafarge West, Inc., we respectfully submit this letter and the attached maps as the Use by Special Review Application for the Riverbend project. The proposed Riverbend permit site is located southwest of the State Highway 52 and U.S. Highway 85 intersection, near Ft. Lupton, Colorado. The 1,190-acre site is bound on the north by SH52, east by U.S. Highway 85 and the South Platte River, Weld County Road (WCR) 6 to the south, and WCR 10 to the west. In 2004, Lafarge submitted an amendment to the DMG to consolidate the existing Ft. Lupton Pit (M-1985-088) and Riverbend (M-2000-016) DMG permits, include additional mineable acres, modify the existing mine plan, modify the current reclamation plan, and increase processing capacity at the facility. This Use by Special Review application is being submitted to Weld County in response to the consolidation and expansion of the Riverbend Site boundary. The Site is comprised of 20 parcels owned or leased by Lafarge. The mining will be conducted in 10 Phases; each with one to five associated mine cells. The proposed Riverbend site is partially within the City of Ft. Lupton's Urban Growth Area (UGA). Since the fall of 2004, Lafarge and Tetra Tech RMC have been working with Ft. Lupton to develop plans for Riverbend that respond to the City's concerns(see Figure 1 Opportunity and Constraints Map). Various meetings with City planning staff and the City mayor have influenced details of both the mining and reclamation plans. The reclamation plan incorporates trails, parkland, open space, and potential residential development sites that are consistent with the City's long term goals and objectives. The Use by Special Review application is consistent with the submittal checklist (mining operation). The application contains the following: Weld County Use by Special Review Application May 2,2005 Page 2 of 3 • Application Fee • USR Application (1 Original +29 Copies) o Application Form o Project Overview o Statements o Use By Special Review Questionnaire o Development Standards o Approved Dust Abatement Plan o APEN o Approved Waste Handling Plan o Approved Flood Hazard Development Permit (Application to amend is pending) o Temporary Substitute Supply Plan o NPDES o Use By Special Review Map Set (Reduced to 8-1/2 x 11) o Plant Site Layout(Pending) o Individual Sewage Disposal System Permit(Pending) • Weld County Road Access Information (1 Original + 29 Copies ) • Statement of Adequate Water Supply (12 Copies) • Evidence of Adequate Sewage Disposal (12 Copies) • Traffic Impact Study (5 Copies) • Archaeological Historic Records Search Results (5 Copies) • Applicant's Interest In The Property(In Process) • Certificate Of Conveyance (In Process) • Soils Report(In DMG Submittal) • Legal Right To Enter And Mine Sand And Gravel(In DMG Submittal) • Oil and Gas Agreements (1 Copy) • Ditch and Irrigation Easements (Will Be Obtaining) • Surface Owners Within 500 Feet(1 Copy) • Mineral Owners (In Process) • IGA Notice Of Inquiry(1 Copy) • Maps (24 x 36) (30 Copies) • Reduced Maps (8-1/2 x 11) (11 Copies) • Electronic Digital Copy Of Maps • Affidavit and Certified List of Names and Addresses of Surface Owners within 500' of Property (In Process) • Affidavit and Certified List of Names and Addresses of Mineral Owners and Lessees of Minerals (In Process)• $5,000 application fee t,c Ccday\A Q • $500 investigation fee .Qtei\off H:\4137 012 0l\Weld Co USR\Cover LetterMay2,2005.doc Weld County Use by Special Review Application May 2,2005 Page 3 of 3 In addition to the documents listed above, we have enclosed the following: • Adequacy Review Letter from DMG to Lafarge West, Inc. • Response to the Adequacy Review Letter from Lafarge West, Inc. • Response to the Adequacy Review Letter from Applegate • Thirty(30) complete unbound, and one compete bound copy of the Division of Minerals and Geology(DMG) MLRB 112 Permit Application to provide additional supporting information for this application. The DMG application includes the following relevant information: o Exhibits C and D—Mining Plan and Maps o Exhibits E and F—Reclamation Plan and Maps o Exhibit G—Water Information o Exhibit H—Wildlife Information o Exhibit I—Soils Information o Exhibit N —Applicant's legal right to enter Tetra Tech RMC is representing Lafarge in this application, so please call me if you have any questions or concerns. Thank you for your assistance. Sincerely, TETRA TECH RMC, INC. Jennifer Vecchi, AICP Principal cc: Eric Reckentine, Lafarge West, Inc. Attachments 0:\4137_012_01\Weld Co USR\Cover LetterMay2,2005.doc RIVERBEND USE BY SPECIAL REVIEW APPLICATION PACKAGE PREPARED FOR: LAFARGE WEST, INC. 10170 CHURCH RANCH WAY (303)657-4000 PREPARED BY: TETRA TECH RMC 1900 SOUTH SUNSET STREET, SUITE 1-F LONGMONT, CO 80501 (303) 772-5282 VECCHI& ASSOCIATES P.O. Box 1175 LONGMONT, COLORADO 80502 (303) 774-0173 APRIL 28, 2006 Jos#:80.4137.012.01 E3 TETRA TECH RMC TABLE OF CONTENTS USR APPLICATION 3 APPLICATION FORM PROJECT OVERVIEW STATEMENTS USE BY SPECIAL REVIEW QUESTIONNAIRE DEVELOPMENT STANDARDS APPROVED DUST ABATEMENT PLAN APEN APPROVED WASTE HANDLING PLAN APPROVED FLOOD HAZARD DEVELOPMENT PERMIT TEMPORARY SUBSTITUTE SUPPLY PLAN NPDES USE BY SPECIAL REVIEW MAP SET(REDUCED TO 8-1/2 X 11) WELD COUNTY ROAD ACCESS INFORMATION 23 STATEMENT OF ADEQUATE WATER SUPPLY 24 EVIDENCE OF ADEQUATE SEWAGE DISPOSAL 25 TRAFFIC IMPACT STUDY 26 ARCHAEOLOGICAL HISTORICAL RECORDS SEARCH RESULTS 27 APPLICANT'S INTEREST IN THE PROPERTY 28 CERTIFICATE OF CONVEYANCE 29 SOILS REPORT 30 LEGAL RIGHT TO ENTER AND MINE SAND AND GRAVEL 31 OIL AND GAS AGREEMENTS 32 DITCH AND IRRIGATION AGREEMENTS 33 SURFACE OWNERS WITHIN 500 FEET 34 MINERAL OWNERS 38 IGA NOTICE OF INQUIRY 39 REFERRAL RESPONSES 40 Lafarge West,Inc..-Riverbend Weld County USR Permit Page I of 42 NEIGHBORHOOD MEETING SUMMARY 41 MAPS(ATTACHE)) 42 SHEET 1 VICINITY MAP AND SIGNATURE SHEET SHEET 2 GRAPHIC OVERVIEW SHEET 3 CONCEPTUAL SITE PLAN(PLANT SITE) SHEET 4 EXISTING CONDITIONS PLAN SHEET 5 OVERALL EXTRACTION PLAN SHEET 6 EXTRACTION PLAN SHEET 7 EXTRACTION PLAN SHEET 8 EXTRACTION PLAN SHEET 9 EXTRACTION PLAN DETAILS SHEET 10 OVERALL RECLAMATION PLAN SHEET 11 RECLAMATION PLAN SHEET 12 RECLAMATION PLAN SHEET 13 RECLAMATION PLAN SHEET 14 RECLAMATION PLAN DETAILS Lafarge West,Inc..-Riverbend Weld County USR Permit Page 2 of 42 USR APPLICATION Application Form See attached. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 3 of 42 USR APPLICATION Project Overview General The proposed Riverbend permit site is located southwest of the State Highway 52 and U.S. Highway 85 intersection, near Ft. Lupton, Colorado. The 1,184-acre site is bound on the north by State Highway 52, east by U.S. Highway 85 and the South Platte River, Weld County Road (WCR) 6 to the south, and WCR 23 to the west. The existing mining operation and low density residential land uses lie immediately to the south of this property. Predominately agricultural land uses lie to the north and west. Industrial, commercial and residential uses exist east of the site, along U.S. Highway 85. Mining activities are anticipated to disturb approximately 700± acres of the site. Two Mined Land Reclamation Board (MLRB)permits have been issued to property within the proposed Riverbend project boundary. An MLRB permit for the Ft. Lupton Pit was issued in 1985 (M-1985-088). The Riverbend mining site, south of the Ft. Lupton Pit,was issued a MLRB permit (M-2000-016) in 2000. In 2004, Lafarge submitted an amendment to the DMG to consolidate the Ft. Lupton Pit and Riverbend DMG permits, include additional properties,modify the existing mine plan, modify the current reclamation plan, and increase processing capacity at the facility. Since the initial submittal, the northern portion of the Ft. Lupton pit has been removed from this application. This Use by Special Review application is being submitted to Weld County as part of Lafarge's goal to expand their mining operations at the Riverbend site. The Site is comprised of 16 parcels owned or leased by Lafarge. The mining will be conducted in eight Phases; each with one to five associated mine cells. The proposed Riverbend site is partially within the City of Ft. Lupton's Urban Growth Area(UGA). The City is currently updating their Comprehensive Plan and the UGA boundary,which may be expanded to include more of the Riverbend site. The Riverbend Site is currently not contiguous to Ft. Lupton's city boundary, and therefore is not eligible for annexation. However, Lafarge has continued to communicate with the City on the status of the mining and reclamation plans and the ongoing permitting process. Since the fall of 2004, Lafarge, Vecchi and Associates, and Tetra Tech RMC have been working with Ft. Lupton to develop plans for Riverbend that respond to the City's concerns (see Figure 1 Opportunity and Constraints Map). Various meetings with City planning staff and the City's elected officials have influenced details of both the mining and reclamation plans. The reclamation plan incorporates trails, parkland, open space, and potential residential development sites that are consistent with the City's long term goals and objectives. Lafarge West,Inc..-Riverbend Weld County USR Permit Page of 42 Lafarge has also been in close contact with the US Army Corps of Engineers, EPA, and U.S. Fish and Wildlife Service (FWS) and the Colorado Division of Wildlife to discuss the Riverbend site. 404 permitting, wetlands and wildlife issues have been discussed with these agencies and are ongoing. Mining Summary The Riverbend site will be dry mined and the operation will process approximately 2 million tons of aggregate per year. Approximately 40-50 acres per year will be mined at the site,mining from the south to the northern boundary. To accommodate this activity, a conveyor will be built on the property running north/south. Lafarge anticipates fully mining and reclaiming the site in 34 years; however, the rate of mining and overall life of the mine is dependent upon demand and market conditions. A key component to the activities at Riverbend is concurrent reclamation. As the mining proceeds north on the site, the fully mined cells will be restored according to the reclamation plan. Operating hours for the facility will comply with Section 23-4-290 of the Weld County Code, which limits the hours of operation for sand and gravel operations to the hours of daylight except in the case of a public emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. Lafarge will notify the County of non-typical circumstances or special projects,which would dictate extended hours. For example, some CDOT projects require bridge work to be completed at night and therefore would require extended hours and constitute a"special project". The main entrance into the Riverbend site will be from WCR 6. The main plant operations will be located at the WCR 6 entrance, including a concrete and an asphalt batch plant, concrete casting facility, recycling plant, materials blending and materials import. According to the traffic study submitted with the 2004 DMG application, no improvements are required to U.S. Highway 85 to accommodate the increased truck traffic at the U.S. Highway 85 and WCR 6 interchange. Lafarge will also maintain a secondary access off of WCR 10. This access will be used for emergencies and employee access. Lafarge intends to screen the processing area by using berms, situating the plant away from adjacent roadways and preserving existing vegetation where possible. Technical details about the mining operation are described in the response to the Weld County Use by Special Review Questionnaire(question 1) and in Exhibit D of the 2004 DMG Permit application. Reclamation Summary The reclamation plan was designed to enhance the natural values of the landscape and to support the community's vision for this area. The reclamation plan takes advantage of opportunities to enhance the South Platte River corridor and to integrate regional parks and trail plans. Figure 2 displays the overall plan for the Riverbend site reclamation activities. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 6 of42 The main trail corridor planned for the site will be located along the semi-reclaimed conveyor alignment for the mining operation. The trail will be constructed after completion of mining activities and removal of the conveyor. This will allow future trail construction to use the road installed to maintain the conveyor and will provide a good base for the trail. There are additional opportunities for smaller, low impact trail loops. These trails could provide limited access to riparian habitat for education and wildlife viewing. The future alignment of these trails will be coordinated with the City of Fort Lupton and Colorado Division of Wildlife staff to minimize impacts on riparian habitat. A combination of open water ponds, lined water storage reservoirs, wetlands and upland pastures will be created by the mining and reclamation process. Creative use of materials generated by mining and processing operations will enhance and compliment the existing riparian corridors. Wetland mitigation efforts will enhance existing vegetation and may restore portions of the eroded river banks. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. More details about the reclamation plan are described in the response to the Weld County Use by Special Review Questionnaire and in Exhibit E of the 2004 DMG Permit application. Lafarge West.Inc.--Riverbend Weld County USR Permit Page 7 of 42 USR APPLICATION Statements The proposed use is consistent with the Weld County Comprehensive Plan. Sand and gravel mining is currently taking place directly south and further east of the Riverbend Site. The Riverbend property has been historically used as pastureland and for oil and gas production. The extraction of sand and gravel resources will not result in the loss of prime agricultural land. A portion of the Riverbend property is located within the Ft. Lupton designated urban growth boundary. Post mining conditions will be compatible with existing and proposed adjacent land uses. Adequate offsets will be maintained along riparian habitat areas and waterways to minimize impacts by the proposed mining areas. Following mining, the Riverbend site will provide significant wildlife habitat as well as an enhanced landscape and visual aesthetic. The operator, Lafarge West, Inc.,will continue to provide tax revenues and employment opportunities to the area. In addition, the Riverbend sand and gravel operation does not require county resources; rather, the operation provides significant aggregate resources needed to meet the growth demands of the area. All mining and processing operations will be carried out in accordance with applicable permits. The project is not anticipated to pose risks to the health and safety of local residents of Weld County. This property lies within the South Platte River floodplain (per FIRM map panel numbers 080266 0981C and 080266 0983C, dated September 28, 1982). In accordance with the Weld County Zoning Ordinance, the existing Riverbend mining operation has a Flood Hazard Development Permit. An application to amend the FHDP has been be submitted and is attached. The proposed mining is not anticipated to have adverse impacts on local flood hazard potential. The post-mining ponds will increase local flood storage capacity and reduce downstream flood hazards. The proposed expansion area does not lie in the airport overlay or geologic hazard overlay districts. Existing water supplies (see purchased water rights in attached Warranty Deed) are adequate for processing operations. Lafarge West.Inc..-Riverbend Weld County USE Permit Page 9 of 42 USR APPLICATION Use by Special Review Questionnaire This Special Review Use Questionnaire, in conjunction with the attached DMG MLRB 112 Permit Amendment Application is intended to satisfy the Weld County requirements for a Use by Special Review Application for a Mining Operation. Existing Use of Property(addresses USR Questionnaire, Item#7) Some of the properties included in the Riverbend USR permit application are permitted for mining sand and aggregates. All of the properties included in the application are used for agricultural purposes. Proposed Use of Property(addresses USR Questionnaire, Item#8.o) The applicant is proposing to mine, process and sell the gravel on this property, operate concrete and asphalt batch plants, a concrete casting facility, recycling plant, and materials blending. The property will be reclaimed as unlined groundwater-fed ponds, lined water storage reservoirs as well as silt basin wetland and upland areas. This use is required to provide construction materials for land development in the area and roadway construction. Consistency with the Weld County Comprehensive Plan (addresses USR Questionnaire, Item #2) This application is consistent with the Weld County Comprehensive Plan dated March 25, 1999. The mining operation will promote the following goals and policies of the General Resources Section 6, "Commercial/Mineral Resource Deposits Goals and Policies": - CM.Policy 1.1: Access to future mineral resource development areas should be considered in all land-use decisions in accordance with Colorado State Law. No Weld County governmental authority which has control over zoning shall . . .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. According to the County Sand, Gravel Resources Map, the resource is classified as: T3 — Stream-Terrace deposit of fine aggregates, T4 — Stream-Terrace deposit of unevaluated aggregate, F4—Floodplain deposit of unevaluated aggregate. CM.Goal 2: Promote the reasonable and orderly development of mineral resources. Lafarge is committed to operating a responsible and orderly mining facility. • CM.Goal 3: Minimize the impact of surface mining on surrounding land uses, roads and highways. The operator will minimize the impact of the mining operation by surrounding the processing area by stockpiles to minimize noise, watering the haul roads and stockpiles Lafarge West,Inc..-Riverbend Weld County USR Permit Page 10 of 42 as necessary to control dust and by entering into a road maintenance agreement with the County. - CM.Policy 3.1: An application for a mine site located within the County should be reviewed in accordance with the goals and policies of the area in which the application is located. Portions of the Riverbend site are located with the Fort Lupton Urban Growth Planning Area. Lafarge has worked with the City of Fort Lupton to develop a reclamation plan that is consistent with the City of Fort Lupton Comprehensive Plan, which they are currently in the process of updating. This update will include an expansion of the Fort Lupton Urban Growth Boundary, which may include more of the Riverbend site. • CM.Goal4: Minimize hazardous conditions related to mining activities and the mining site. The applicant will comply with all Federal, State and local regulations in addition to implementing Lafarge's own safety protocols. • CM.Policy 4.1.2: Maintain roadside and perimeter vegetation and setback requirements which serve to shield mining operations, including storage of equipment, stockpiled soils and materials from public view. Lafarge will construct and landscape a berm along the east side of the processing area to screen this area from public view. In addition, Lafarge will maintain adequate setbacks from adjacent properties and roadways as well as screen mining operations through the use of berms. The South Platte River and riparian corridor serves as a natural screen from Highway 85 along most of the property. • CM.Policy 4.1.3: Require that access roads to and within the site be located in a manner which minimized traffic impacts on surrounding land uses. Lafarge will utilize conveyors to transport material to the processing area, thereby eliminating potential impacts to adjacent properties from internal haul road traffic. In addition the location of the processing area was selected to provide a site access that minimizes traffic impacts to adjacent properties due to its proximity to U.S. Highway 85 and surrounding uses. CM.Policy 4.1.5: Require, where possible, that batch plants and processing equipment be buffered from adjacent uses. Lafarge will preserve much of the vegetation near the processing area and batch plants to screen these operations. In addition, the location of the processing area and batch plants was selected to provide a buffer from adjacent roadways and surrounding land uses. Lafarge will also construct and landscape a berm along the east side of the processing area to provide a buffer from adjacent land uses to the east. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 11 of 42 - CM.Goal 5: Provide for timely reclamation and reuse of mining sites in accordance with the Comprehensive Plan, Subdivision and Zoning Ordinances. This site will be reclaimed into unlined groundwater-fed ponds, lined water storage reservoirs, as well as silt basin wetland and upland areas,uses which are consistent with the County Regulations. • CM.Goal 6: The extraction of mineral resources should conserve the land and minimize the impact on surrounding land. Lafarge is working with the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency and the Colorado Division of Wildlife to preserve or minimize impacts to sensitive habitat on the site as well as adjacent properties. Portions of the Riverbend site are located with the Fort Lupton Urban Growth Planning Area. Lafarge has worked with the City of Fort Lupton to develop a reclamation plan that is consistent with the City of Fort Lupton Land Use Plan, which they are currently in the process of updating. This update will include an expansion of the Fort Lupton Urban Growth Planning Area, which may include more of the Riverbend site. Consistency with Weld County Code(addresses USR Questionnaire, Item#3) This applicant will conduct operations in a manner which is consistent with the design standards and operations standards as set forth in Chapter 23, Division 4 Sections 23-2-240 and 23-2-250, respectively, of the Weld County Code. Compatibility with Surrounding Land Uses(addresses USR Questionnaire, Item #6) The proposed operation is compatible with the surrounding land uses. Several existing mining operations are located immediately to the south, north and east of this site. Agricultural and low density residential land uses lie to the west of the project. The South Platte River is located to the south and east of the proposed facility. The processing area will be located on the southeastern portion of the property and surrounded by material stockpiles to mitigate noise. Lafarge will also construct berms along the eastern mine boundary near the entrance to the site to help reduce noise impacts and the visual impact of the proposed operation. Consistent with the Weld County Code, mining will not occur nearer than 10 feet of an adjacent property line or within 125 feet of any existing residence (refer to the Mining Plan Map for specific locations of the mining boundaries and the homes). The site will be reclaimed as unlined groundwater-fed ponds, lined water storage reservoirs and silt basin wetland and upland areas. This use is permitted as a special use in the existing zone and is compatible with agricultural uses. Method of Mining Operation (addresses USR Questionnaire, Items#1, #8h) The typical mining procedure for all phases will be as follows. Any areas slated for protection will be identified in the field to assure that mining operations will be set back as appropriate. Initially, the topsoil and overburden will be stripped with scrapers and stockpiled in the designated stockpile areas identified in Exhibit C. Overburden will also be used to construct berms and as fill in the reclamation slopes. Following stripping of the Lafarge West,Inc..-Riverbend Weld County USE Permit Page 12 of 42 overburden, the deposit will be dry mined through the use of dewatering trenches and pumps. Overburden and topsoil stockpiles will be drilled and seeded as appropriate to prevent erosion. Prior to the mining of new cells, a dewatering trench will be constructed around the perimeter. A sump hole will be created at the lowest point of the dewatering trenches. The sump holes and dewatering trenches will allow sediment to settle before the water is pumped to the South Platte River and Big Dry Creek using a groundwater discharge pump in accordance with Colorado/NPDES discharge permit regulations. If agreements are obtained, water may also be discharged in the Lupton Bottom Ditch and Brighton Ditch. Pipes transporting the water from the mine will discharge the dewatering water directly into the South Platte River or identified waterway. Pipes will be slotted along areas with a high density of cottonwood trees to minimize impacts of dewatering and preserve mature vegetation. Water may also be pumped into adjoining cells. When the alluvium is sufficiently dry, front-end loaders will excavate the material and deposit it on conveyors. The mining face will be nearly vertical to %::1 slope. The conveyors will transport the material to be processed at the Plant Site area, located in Phase I. The Plant Site area contains the crushing, screening and washing equipment used for the processing of the raw materials. The processed materials will be stockpiled for use on-site at the concrete and asphalt plants and delivered off-site for commercial and government projects. The processing area will also include a concrete casting facility where concrete forms will be made for construction projects and a recycling plant. In addition, materials used in the asphalt and concrete batching process will be imported to the site. The import materials may include but are not limited to: coarse aggregate, petroleum and cement. The Plant Site area will be approximately 40 acres and will be the last phase mined. Lafarge has prepared a site plan for the plant site. The entrance to the plant site will have asphalt from the scale house to Weld County Road 6. The processing area will be screened from adjacent land uses to the south and east through the use of berms. The berms will be vegetated. Technical advice was provided by: Office of the State Engineer, U.S. Soil Conservation Service, Colorado Division of Wildlife, ERO Resources Corporation, Tetra Tech—RMC, Inc., Colorado Division of Minerals and Geology, U.S. Army Corps of Engineers,U.S. Fish and Wildlife Service, and the U.S. Environmental Protection Agency. Mine Schedule (addresses USR Questionnaire, Items#1.e,f g; #8.c,i,m) The Riverbend Operation will process approximately 2 million tons of aggregate per year and mine approximately 40-50 acres per year. At this rate, Lafarge anticipates mining and reclaiming the Site in 34 years; however,the rate of mining and overall life of the mine is dependent upon demand and market conditions and the life of the mine may extend beyond 34 years. The mine phases and associated mine cells are depicted on the Mine Plan. Mining in phases will limit the area of disturbance at any one time. The phases depicted on the Mine Plan are used to indicate the direction of mining. These phases are neither representative of the maximum area of disturbance nor do they limit disturbance to a particular phase. Generally, Lafarge believes the mine will progress according to the following phases: Lafarge West.Inc..-Riverbend Weld County USR Permit Page 13 of 42 Table 1. Mining by Phase S&G Overburden Mine PHASE CELL Deposit Thickness Volume Avg Thick Area (ft) (bey) (ft) (acres) PHASE 1 CELL 1 29 44667 4 5 CELL 2 28 135446 4 9 PHASE 2 CELL 1 32 397176 8 31 CELL 2 30 144381 5 17 PHASE 3 CELL 1 22 224913 3 48 PHASE 4 CELL 1 27 357168 4 58 PHASE 5 CELL I 20 652241 4 115 CELL 2 20 75600 5 9 CELL 3 41 403815 6 43 CELL 4 34 104800 3 23 CELL 5 38 513203 7 38 PHASE 6 CELL I 24 625910 6 65 CELL 2 24 197103 8 15 PHASE 7 CELL 1 29 1541531 10 100 PHASE 8 CELL 1 36 318653 8 24 PLANT AREA CELL 1 29 211002 3 41 TOTALS 29 6137150 6 641 Exhibit C of the MLRB 112 Permit Application describes the depth and thickness of the mineral deposit and the overburden. On average,the depth of resource is approximately 29 feet and the depth of overburden is 6 feet. No permanent structures will be constructed at the site in association with the mining operation and no animals allowed near the mining activities at the site. No wastes will be stored or stockpiled on site. Reclamation (addresses USR Questionnaire, Items#1.h, #1.1 and#8.1) Design Intent This site will be mined and reclaimed to create a diverse, stable and sustainable environment. There are significant opportunities to enhance the South Platte River riparian corridor. There is also potential for future park and trail development on portions of the site. The reclamation plan is designed to accommodate these opportunities. Existing riparian vegetation and wetlands have been identified and will be monitored and protected throughout mining and reclamation. Mining activities will be setback an appropriate distance from all areas designated for preservation. Limited wetland disturbance will be mitigated through appropriate U.S. Army Corps of Engineers 404 permitting procedures. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 14 of 42 A combination of open water ponds, lined water storage reservoirs, wetlands and upland pastures will be created by the mining and reclamation process. Creative use of materials generated by mining and processing operations will enhance and compliment the existing riparian corridors. Silts will be used to form diverse silt basin wetlands. Excess overburden will be used to vary the shape and slopes of the finished unlined ponds. Several of the mined ponds will be lined to create water storage reservoirs. Wetland mitigation efforts will enhance existing vegetation and restore portions of the eroded river banks. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. Future trail corridors are identified on the map. The main corridor is located along the conveyor alignment for the mining operation. This will allow future trail construction to utilize the road installed to maintain the conveyor and provide a good base for the trail. There are additional opportunities for smaller, low impact trail loops. These trails could provide limited access to riparian habitat for education and wildlife viewing. Potential connections to planned local and regional trails are also identified on the plan. This reclamation plan was developed based on: • A thorough evaluation of the environmental resources and existing conditions on and adjacent to the property; • The context of the property relative to existing and planned land uses in the area; • The volume, depth and configuration of the mineral resource; • The landowners' plans for their properties; and • The rules and policies of Weld County, the Colorado Division of Minerals and Geology and other applicable local, state and federal agencies. Key considerations include the following: • There are two riparian corridors that pass through the property. They include the South Platte River and portions of the existing irrigation ditches. All efforts have been made to preserve and enhance these resources. • This site is located southwest of the City of Fort Lupton. Key opportunities include potential parks, trail links, preservation of the existing homestead for a museum, and education opportunities regarding mining, agriculture, oil and gas facilities, wetlands and the river corridor. • There is an opportunity to enhance wildlife habitat through the creation of a combination of open water ponds, silt basin wetlands, river corridor restoration and shoreline plantings. • Portions of the reclaimed property have been designated as lined water storage ponds. • This site is located near the current alignment of the Front Range trail. This site can be linked to the trail or provide an alternative off-street location for the trail. In addition, shorter, low impact trail loops may be constructed within the property to provide additional opportunities for trail users. • There are several opportunities to enhance and stabilize eroded river banks and restore the adjacent vegetation as part of the wetland mitigation plan for the project. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 15 of 42 • Silts generated by the mining process can be utilized to create diverse wetlands and add diversity to the habitat along this portion of the river corridor. • There are existing and planned oil and gas facilities on the site. There may be an opportunity to work with the oil and gas companies to enhance the appearance of the facilities. • There is limited overburden on this site. However, excess material can be used as much as possible to vary the slope and configuration of the open water ponds to create more irregular shorelines Post-Mining Land Use Portions of the Site are within the 100-year floodplain of the South Platte River. Weld County Department of Planning Services considers land located in the 100-year floodplain to be suitable for agriculture, recreation, and wildlife uses. The post-mining land use, as proposed in this Reclamation Plan, consists of water storage and open water for recreational purposes. Phase 1 Cell 1, Phase 2 Cells I and 2, Phase 3 Cell 1, and a portion of Phase 5, Cell 3 will be used for silt storage and reclaimed as uplands or wetlands. Phase 1 Cell 2, Phase 4 Cell 1 and the Plant Site area will be reclaimed as water storage facilities. All remaining cells will be reclaimed as unsealed groundwater ponds. All other disturbed areas will be vegetated with a native seed mix, as recommended by the Soil Conservation Service(see Upland Areas Seed Mix on the Reclamation Plan). These uses are compatible with the surrounding land uses and with the Weld County planning goals. For both the lined and unlined ponds, Lafarge will concurrently reclaim pit walls where mining has been completed according to the phases outlined in the Mine Plan. The silt storage ponds will be reclaimed as soon as they are filled, according to the phases outlined in the Mine Plan. Reclamation, including regrading and seeding, will be completed in two to five years following the completion of mining or filling operations. The mining will leave no highwalls on the property. No acid forming or toxic materials are used or encountered in the mining. There will be no auger holes, adits, or shafts left on the site. Equipment(addresses USR Questionnaire,Items #I.a) The following equipment will be used on site. Table 2. Equipment QUANTITY TYPE OF EQUIPMENT QUANTITY TYPE OF EQUIPMENT 3 Loaders 1 Scale House 1 Wash deck 2 Portable crushers 1 Portable screen 1 Asphalt Batch Plant Generator set Lafarge West,Inc..-Riverbend Weld County USR Permit Page 16 of 42 QUANTITY TYPE OF EQUIPMENT QUANTITY TYPE OF EQUIPMENT 1 1 Concrete Batch Plant 1 Primary Crusher 1 Concrete Casting Facility 1 Secondary Crusher 1 Fuel Tank 50 Conveyors I Aggregate Wash Plant 3 Back Hoes 1 Shop Building 1 Mechanic Truck 1 Office Trailer 15 Scraper 1 Water Truck 3 Compactors 3 Pickups 3 Dozer 2 Portable Toilets 2 Road Grader 15 Ready-mix trucks Traffic (addresses USR Questionnaire, Items #8.b, #8.d) Please refer to the attached `Traffic Impact Study' prepared by Eugene Coppola, P.E. for a detailed description of the traffic related to the mining operation. As identified in Section III.B. of the Study, the site will generate 2140 vehicle trips per day during high season demand. The Study concluded that the"trips can be easily managed" and that the Riverbend facility"will not adversely impact the area street system." Hours of Operation (addresses USR Questionnaire,Item #8.b) Hours of operation for sand and gravel operations shall comply with Section 23-4-290 of the Weld County Land Use Code which limits the hours of operation for sand and gravel operations to the hours of daylight except in the case of a public or private emergency or the make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. Lafarge will notify the County of non-typical circumstances or special projects which would dictate extended hours. Employees(addresses USR Questionnaire, Item #8.a) The applicant anticipates there will be a maximum of two shifts and 40 employees working on the site. Adequate Water Supply (addresses USR Questionnaire, Item #8/) The operator will use bottled drinking water for employees at the working face of the site. Lafarge will drill a well for the plant site. As this permit application represents an amendment to two existing Lafarge operations, there is an existing temporary substitute supply plan(TSSP) approved by the State Engineer's Office (SEO). Lafarge has included a TSSP which covers the Lafarge West,Inc..-Riverbend Weld County USE Permit Page 17 of 42 entire site for the next five years. The approved TSSP outlined depletions during mining and describes how replacements will be made. Please refer to Exhibit G of the attached MLRB 112 Permit Amendment Application for: Riverbend Pit Groundwater Study, Groundwater Monitoring Program, Gravel Well Permit Application, Water Balance — Dewatering, Operational and Evaporation Losses, Certification Authorization to Discharge under the CDPS Industrial General Permit for Sand and Gravel Mining and Processing General Permit (CDPS Permit) and Stormwater Management Plan Sewage Disposal(addresses USR Questionnaire, Item#8.g) There are no sanitary sewer facilities planned for this operation. Lafarge will use portable restrooms near the working face. Lafarge will apply for an ISDS permit for the office and batch plants. Lafarge has submitted a design for the ISDS to Weld County's Health Department. However Lafarge will not formally apply for an ISDS permit until they are ready to set up the plant site area. Stormwater Drainage(addresses USR Questionnaire, Item #8.m) All mine areas will drain internally. Uncontrolled releases of surface water and sediment from mining areas will not occur. Stormwater collected in the open pit will be managed in accordance with Colorado/NPDES discharge permit requirements. Sediment generated from localized storm water runoff and surface drainage will be managed according to the Stormwater Management Plan. Lafarge has prepared a Stormwater Management Plan pursuant to the Colorado Department of Public Health and Environment, Water Quality Control Division regulations as part of their CDPS permit. Please refer to Exhibit G of the attached DMG MLRB 112 Permit Amendment Application for a copy of the Stormwater Management Plan. Landscaping/Final Reclamation (addresses USR Questionnaire, Items #8.j, #8.k, and#8.1) Lafarge will construct a grass-covered berm roughly parallel to U.S. Highway 85 on the southeast portion of the site to act as a visual and noise barrier. The berm will be seeded with a dryland grass mix. Trees and shrubs will be planted on the berm and watered with a drip irrigation system. Once the dryland grass mix is established the berm will be overseeded with a wildflower mix. Upon the final stages of reclamation the berms will be removed. Refer to the Weld County USR Application Reclamation Plan Map, which lists the proposed landscaping. Also, Exhibit E, Reclamation Plan, of the attached MLRB 112 Permit Amendment Application describes the proposed reclamation and landscape procedures. Exhibit D, Mining Plan, of the attached MLRB 112 Permit Amendment Application details the mining and reclamation schedule. Adequate Protection of the Health, Safety and Welfare of Neighborhood and the County (addresses USR Questionnaire, Item #5) Lafarge has met extensively with the City of Fort Lupton to discuss post-reclamation land use alternatives. The resulting reclamation plan includes proposed trail connections that were identified in these discussions as well as potential park sites. Lafarge has committed to maintain a 200' buffer from the South Platte River, at the Colorado Division of Wildlife's recommendation, to preserve riparian habitat adjacent to the river. In addition, before mining closer than 400' to the top bank of the South Platte River, Lafarge will prepare a riverbank stabilization evaluation. Lafarge has worked with the Colorado Division of Wildlife to determine the siting of the processing plant to minimize impacts to an identified Bald Eagle Lafarge West.Inc..-Riverbend Weld County USR Permit Page 18 of 42 wintering roost; a quarter mile buffer radius will be maintained. In addition, Lafarge is also working with the U.S. Fish and Wildlife Service and U.S. Army Corps of Engineers to obtain an individual 404 permit to impact wetlands on site. The applicant will comply with State and local regulations thus protecting the health, safety, and welfare of the inhabitants in the site vicinity and in the County. Please refer to Exhibit M of the MLRB 112 Permit Amendment Application for a list of permits the applicant is obtaining. Floodplain Hazard Area(addresses USR Questionnaire, Item#8.p) This property lies within the South Platte River floodplain (per FIRM map panel numbers 080266 0981C and 080266 0983C, dated September 28, 1982). In accordance with the Weld County Zoning Ordinance, the existing Riverbend mining operation has a Flood Hazard Development Permit. This Floodplain Development Permit will be amended as areas outside the original permit boundary are affected by mining activities. Fire Protection (addresses USR Questionnaire, Item#8.e) This property is located within the Fort Lupton Fire Protection District boundaries. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 19 of 42 USR APPLICATION Development Standards 1. The following Development Standards are for open pit sand and gravel mining operations, including the importation of sand and gravel materials, processing, asphalt plant, concrete plant, recycle plant and sales in the "A" (Agricultural) Zone District as described in the application materials submitted under this Special Use Review Permit, all of which is subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County Code. 3. All operations on said described parcel shall be in conformance with the Weld County flood regulations including: a. No fill,berms or stockpiles shall be placed in the one hundred (100) year floodplain of the South Platte River which would obstruct passage of flood flows. b. All fuel tanks, septic tanks,temporary buildings, and any other hazardous items that may wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 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., as amended), 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, 30-20-100.5, C.R.S., as amended. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in Section 25-12-103, C.R.S. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to individual sewage disposal systems. 11. Bottled water shall be provided to employees at the temporary locations of the working face at all times. 12. Fugitive dust and fugitive particulate emissions shall be controlled on the site. The facility shall be operated in accordance with the Dust Abatement Plan at all times. 13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 14. If applicable, the facility shall comply with the above ground storage tank regulations. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 20 of 42 15. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. 16. 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. 17. Hours of operation shall comply with Section 23-4-290 of the Weld County Code which limits the hours of operation for sand and gravel operations to the hours of daylight except in the case of a public or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. Lafarge will notify the County of non-typical circumstances on special projects which would dictate extended hours. 18. 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. 19. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. 20. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15 of the Weld County Code. 21. The access from Weld County Road 6 will not be used for hauling product. 22. If any work associated with this project requires the placement of dredge or fill material, or any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. 23. The sand and gravel operation shall comply with operation policies identified in Section 23-4-250 of the Weld County Code. 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 26. Personnel from the Weld County Departments of Public Health and Environment and Planning Services 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. 27. 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. 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Non compliance with any of the foregoing Lafarge West,Inc..-Riverbend Weld County WI?Permit Page 21 of 42 Development Standards maybe reason for revocation of the permit by the Board of County Commissioners. 29. Temporary stockpiles shall be drilled and seeded. 30. The applicant shall operate in accordance with the "Waste Handling Plan." 31. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etc. for up to six months at each location. 32. A permanent adequate water supply shall be provided for drinking and sanitary purposes. 33. If the water system is a well,the system shall comply with the requirements for a community water system as defined in the Colorado Primary Drinking Water Regulations(5 ccr1003-1). 34. All 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). 35. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 36. If applicable, any vehicle washing areas 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. Lafarge West,Inc..-Riverbend Weld County USR Permit Page 22 of 42 Hello