HomeMy WebLinkAbout20071974.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Parker/Dersham Gravel Pit Case Number USR-1611
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
N.
Letter to Applicant X
Affidavit of sign posting X
N Legal Notifications X
2 Application X
Maps X
N
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Na Referrals without comment X
N Weld County Zoning Compliance, referral dated April 20,2007 X
f West Adams Soil Conservation District, referral dated May 10,2007
X
City of Fort Lupton, referral dated May 1,2007 X
Weld County Department of Planning Services, Landscaping, referral dated April
17, 2007 X
N.
4 Referrals with comments X
Weld County Department of Public Works, referral dated April 30, 2007 X
N Weld County Department of Public Health & Environment, referral dated May 17, X
2007
N. State of Colorado, Division of Water Resources, referral dated April 24, 2007 X
N, Weld County Department of Building Inspection, referral dated May 16, 2007 X
Ni Greater Brighton Fire Protection District, referral dated April 26, 2007 X
Ni Weld County Sheriffs Office, referral dated April 29, 2007 X
�' State of Colorado Water Conservation Board, referral dated May 23, 2007
X
5 PC Exhibits - I &Cu_ L2,{ y;,,,,,lo ut kuy,17:-`a.„. (✓yn 'Rn:;cut y,,
dpi:,/ 500 X
I hereby certify that the twenty three items identified herein were submitted to the Department of Planning Services at or prior to the
.—
scheduled Board of County Commissioners hearing.
JacquelineJiatc _ Planner
\ EXHIBIT
2007-1974
1A52 4ited
LAND USE APPLICATION
COLORADO SUMMARY SHEET
Planner: Jacqueline Hatch
Case Number: USR-1611 Hearing Date: June 19, 2007
Applicant: Jeff Gregg for Hall Irwin Corporation, 301 Centennial Drive, Milliken CO 80543
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including Gravel Mining, export & import of
materials associated with a batch plant, scale house and office in the A
(Agricultural) Zone District.
Legal Description: AMSE-656 Pt SE4; Lot B AMRE-4290 Pt SE4 and Lot B RE-1352 part SW4 NE4
all in Section 36; of T1 N, R67W of the 6th P.M., Weld County, CO.
Location: Multiple parcels generally located East of and adjacent to County Road 23.5,
North of and adjacent to County Road 2 (Baseline Road), and South of CR
23.75.
Size of Parcel: Approximately 52.8 acres (33.4 acres to be disturbed)
Parcel Number: 1469 36 400020; 1469 36 000031 & 1469 36 400021
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral dated April 20, 2007
• Weld County Department of Public Works, referral dated April 30, 2007
• Weld County Department of Public Health & Environment, referral dated May 17, 2007
• West Adams Soil Conservation District, referral dated May 10, 2007
• State of Colorado, Division of Water Resources, referral dated April 24, 2007
• Weld County Department of Building Inspection, referral dated May 16, 2007
• Weld County Department of Planning Services, Landscaping, referral dated April 17, 2007
• Greater Brighton Fire Protection District, referral dated April 26, 2007
• City of Fort Lupton, referral dated May 1, 2007
• Weld County Sheriffs Office, referral dated April 29, 2007
• State of Colorado Water Conservation Board, referral dated May 23, 2007
EXHIBIT
Parker/Dersham—Hall-Irwin USR-1611 Page 1
The Department of Planning Services'staff has not received responses from the following agencies:
• State of Colorado, Division of Wildlife
• State of Colorado, Division of Minerals and Geology
• State of Colorado Department of Transportation
• City of Brighton
• Adams County
• United States Army Corps of Engineers
Parker/Dersham—Hall-Irwin USR-1611 Page 2
6 SPECIAL REVIEW PERMIT
VW
ADMINISTRATIVE REVIEW
WIVDc.
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1611 Hearing Date: June 19, 2007
Applicant: Jeff Gregg for Hall Irwin Corporation, 301 Centennial Drive, Milliken CO 80543
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including Gravel Mining, export & import of
materials associated with a batch plant, scale house and office in the A
(Agricultural)Zone District.
Legal Description: AMSE-656 Pt SE4; Lot B AMRE-4290 Pt SE4 and Lot B RE-1352 part SW4 NE4
all in Section 36; of T1 N, R67W of the 6'h P.M., Weld County, CO.
Location: Multiple parcels generally located East of and adjacent to County Road 23.5,
North of and adjacent to County Road 2 (Baseline Road), and South of CR
23.75.
Size of Parcel: Approximately 52.8 acres (33.4 acres to be disturbed)
Parcel Number: 1469 36 400020; 1469 36 000031 & 1469 36 400021
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APROVED 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 22-5-80.8 (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources."The site consists of three parcels. One of the parcels lies north
and west while the other two parcels lie south and west of AMUSR-1172 and 2nd
AMUSR-1172 (Baseline Resource). AMUSR-1172 and 2nd AMUSR-1172 are for dry
sand and gravel mining operations. AMUSR-1172 was approved by the Board of County
Commissioners on February 9, 2000 and 2nd AMUSR-1172 was approved on July 25,
2001.
Parker/Dersham—Hall-Irwin USR-1611 Page 3
The applicant is proposing to export the gravel from this site by conveyor to the AMUSR-
1172 and 2n°AMUSR-1172 site for processing.
Section 22-5-80.8 (CM.Goal 3) states, "Minimize the impacts of surface mining activities
on surrounding land uses, roads and highways." The Department of Public Works has
stated that the applicant has a road maintenance and improvements agreement with
Adams County for the haul route east from the entrance on County Road 2 to State
Highway 85. A copy of the approved agreement should be carried across to this site.
The Department of Public Works is requiring as a Development Standard that if in the
future the maintenance of County Road 2 becomes the responsibility of Weld County the
applicant shall enter into a Road Maintenance and Improvement agreement with the
Board of County Commissioners. The Department of Public Works will not support
allowing truck traffic on County Road 23.5. The applicant has provided an existing traffic
study. The applicant is indicating that the facility will not generate any new mining traffic
to the system, as they are proposing to move all the aggregate internally by a conveyor
belt or trucking system.
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." The State of Colorado, Division of
Water Resources in their referral dated March 14, 2006 stated that the gravel mining
operation will cause depletions to the South Platte River due to evaporative losses from
exposed ground water and operational losses. A substitute Water Supply Plan (SWSP)
or court approved augmentation plan must be obtained to replace the depletions caused
by the operation.
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 an
amended Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including Gravel Mining, export & import of materials,
scale house and office 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 surrounding property is primarily agricultural in
nature with a few homes in the area. The proposed use would be compatible with
surroundings properties which include gravel operations to the south and east (AMUSR-
1172 and 2" AMUSR-1172) and agricultural uses to the west and north. The applicant is
proposing to locate the overburden and topsoil stockpiles along County Road 23.5 on the
southern lot and smaller piles on the north and west sides of the home located on County
Road 2. No landscaping or screening is proposed on site. As a Condition of Approval
the applicant is required to submit a Landscape and Screening Plan for approval by the
Board of County Commissioners.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The surrounding property is primarily agricultural in nature with a
few homes in the area. The proposed use would be compatible with surroundings
properties which include gravel operations to the south and east (AMUSR-1172 and 2"
AMUSR-1172) and agricultural uses to the west and north. The City of Fort Lupton in
their referral dated May 1, 2007 indicated that they have reviewed the request and find no
conflicts with their interests. No referrals were received from Adams County and the City
of Brighton. Planning Staff believes that, with the endorsement of the Conditions of
Parker/Dersham—Hall-Irwin USR-1611 Page 4
Approval, contained in this recommendation, the approval of this use will not jeopardize
the health, safety and welfare of the surrounding property owners.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code. The proposal is located within the Flood Hazard Overlay District area as
delineated on FIRM Community Panel Map #080266-0981C and Map #080266-0995C
dated September 28, 1982. 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 not prime" land and "other" 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.
H. Section 23-4-250 -- Additional requirements for Open-mining have been addressed
through this application and the Development Standards will insure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission approve this request, 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 22-5-100.6 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 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
Parker/Dersham—Hall-Irwin USR-1611 Page 5
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. Specifically addressing the seventy five (75) foot radius setback for the
future well site as delineated on the submittal plats. 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 provide the Department of Planning Services with an approved State
of Division of Water Resources Substitute Water Supply Plan or court approved
augmentation plan. (Department of Planning Services)
C. The applicant shall provide the Department of Planning Services with written evidence
from the ditch company that the proposed mining and reclamation will not impact their
use. (Department of Planning Services)
D. A batch plant is not permitted on site. (Department of Planning Services)
E. The applicant shall submit a detailed signage plan to the Department of Planning
Services. (Department of Planning Services)
F. The applicant shall provide current evidence that the facility has an adequate water
supply (i.e., well or community water system) to the Department of Public Health and
Environment. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
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)
H. The applicant shall contact the Department of Public Works Storm Water Drainage
Section for additional information regarding storm water drainage on site. Evidence shall
be submitted to the Department of Planning Services. (Department of Planning
Services)
The applicant shall submit an application for a Flood Hazard Permit to the Department of
Public Works for review and approval. Evidence from the Department of Public Works
that the application has been approved shall be provided to the Department of Planning
Services. (Department of Planning Services)
J. The applicant shall submit a Landscape and Screening Plan identifying the number, size
and species of all plant material to the Weld County Planning Department for review and
approval. This plan shall include specifications of any proposed berms, if required. The
proposed berms will be extended to mitigate impacts to surrounding properties and
adjacent road rights-of-way. The applicant shall use breaks in the berm with landscaping
to fill the void, culverts, or some other method that will allow water to flow freely. The
planted material shall be sited in a triangulation pattern for effective screening
(Department of Planning Services)
K. The applicant shall address the requirements (concerns) of the Department of Public
Works, as stated in their referral responses dated April 30, 2007. Evidence of approval
shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
Parker/Dersham—Hall-Irwin USR-1611 Page 6
L. The applicant shall attempt to address the requirement (concerns) of the Greater
Brighton Fire Protection District, as stated in their referral response dated April 26, 2007.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Planning Services)
M. The applicant shall address the requirements (concerns) of State of Colorado Division of
Water Resources, as stated in the referral response dated April 24, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
N. The applicant shall address the requirements (concerns) of Weld County Sheriffs Office,
as stated in the referral response dated April 29, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
O. The applicant shall provide evidence that the plats for RE-4290, AMRE-4290 and AMSE-
656 have been recorded. (Department of Planning Services)
P. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment, if applicable. Evidence of approval shall be
submitted to the Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
Q. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
R. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
Evidence of approval shall be submitted to the Department of Planning Services. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
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)
S. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements 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
Planning Services)
T. The plat shall be amended to delineate the following:
Parker/Dersham—Hall-Irwin USR-1611 Page 7
1. All sheets of the plat shall be labeled USR-1611. (Department of Planning
Services)
2. The on site parking, circulation, and entrance and exit lanes as approved by the
Department of Public Works and Department of Planning Services. (Department
of Planning Services)
3. The location of any on-site signs. (Department of Planning Services)
4. The approved Landscape and Screening Plan. (Department of Planning
Services)
5. The slurry wall shall not be located with the future right-of-way. Setbacks to the
mining operation are measured from the right-of-way or future right-of-way lines
plus the standard setback of 20 feet in the agricultural zone district. No structure
will be allowed in the future right-of-way. A slurry wall or retaining wall is
considered a structure. (Departments of Planning Services and Public Works)
6. Reference to 'future development' shall be removed from the plat. (Department
of Planning Services)
7. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of
Planning Services)
8. Oil and Gas encumbrances including gathering lines with appropriate setbacks
shall be delineated on the plat. (Department of Planning Services)
9. 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)
10. County Road 2 (Baseline Road) is designated on the Weld County
Transportation Plan Map as a major arterial road, which requires one hundred
and forty (140) feet of right-of-way at full build out. There is presently sixty (60)
feet of right-of-way. This road is maintained by Adams County. The applicant
shall contact Adams County to verify the future right-of-way required for County
Road 2 and delineate such on the plat and verify if an access permit is required.
At a minimum a total of seventy (70) feet from the centerline of Weld County
Road 2 shall be delineated right-of-way on the plat. (Department of Public
Works)
11. County Road 23.5 is designated on the Weld County Transportation Plan Map as
a local gravel road, which requires sixty (60) feet of right-of-way at full build out.
There is presently sixty(60)feet of right-of-way. This road is maintained by Weld
County. A total of thirty (30) feet from the centerline of Weld County Road 23.5
shall be delineated right-of-way on the plat. (Department of Public Works)
3. Prior to construction:
Parker/Dersham—Hall-Irwin USR-1611 Page 8
A. A building permit shall be obtained prior to the construction or placement of any structure
such as a scale, concrete and asphalt plant, office, concrete casting facility, recycling
plant, office trailer and any other structures placed on the parcels. An electrical permit
will be required for any electrical service to equipment. A plot plan shall be submitted
when applying for building permits showing all structures with accurate distances
between structures, and from structures to all property lines. (Department of Building
Inspection)
B. The applicant shall install a stop sign at the exit of the pit approach onto County Road 2.
(Department of Planning Services)
C. The applicant shall submit plans for the scale/sales house to the Greater Brighton Fire
Protection District for review and approval. (Greater Brighton Fire Protection District)
D. One month prior to construction 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
www.cdohe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
4. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed scale house and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
5. 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)
6. Upon completion of 1. and 2. 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)
7. 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)
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 the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
Parker/Dersham—Hall-Irwin USR-1553 Page 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Parker/Dersham—Hall-Irwin
USR-1611
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including Gravel Mining, export & import of materials, scale house and office
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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
7. 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)
8. 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)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
11. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
site. (Department of Public Health and Environment)
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the
Parker/Dersham—Hall-Irwin USR-1611 Page 10
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
14. 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. (Department of Public
Health and Environment)
15. 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)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
18. 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)
19. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify
the boundaries of the mining site. (Department of Planning Services)
20. 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)
21. Section 23-4-290.6 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. Hours of operation may be extended with specific permission
from the Weld County Board of County Commissioners. This restriction shall not apply to
operation of administrative and executive offices or repair and maintenance facilities located on
the property. (Department of Planning Services)
22. The number of employees shall not exceed twelve (12) at any given time on site. (Department of
Planning Services)
23. All material mined at the Parker/Dersham site shall be transported to AMUSR-1172 and 2nd
AMUSR-1172 (Baseline Resource) by conveyor belts and internal truck routes only. No truck
haul route is permitted on County Road 23.5 or adjacent roads. (Department of Planning
Services)
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. (Department of Planning Services)
25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Department of Planning Services)
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. (Department of Planning Services)
Parker/Dersham—Hall-Irwin USR-1611 Page 11
27. The applicant shall install and maintain a stop sign at the exit of the pit approach on to County
Road 2. (Department of Planning Services)
28. The applicant shall submit plans for the scale/sales house to the Greater Brighton Fire Protection
District for review and approval. (Greater Brighton 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. If any work associated with this project requires the placement of dredge or fill material, and 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. (Army Corps of Engineers)
32. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
35. A building permit shall be obtained prior to the construction or placement of any structure such as
a scale, concrete and asphalt plant, office, concrete casting facility , recycling plant, office trailer
and any other structures placed on the parcels. An electrical permit will be required for any
electrical service to equipment. A plot plan shall be submitted when applying for building permits
showing all structures with accurate distances between structures, and from structures to all
property lines. (Department of Building Inspection)
36. A plan review is required for each building for which a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit. (Department of Building Inspection)
37. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005
National Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
38. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and
to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in
order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
39. 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)
40. 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)
Parker/Dersham—Hall-Irwin USR-1611 Page 12
41. 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)
42. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
43. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
45. 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.
46. 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.
47. 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)
48. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners. (Department of
Planning Services)
Parker/Dersham—Hall-Irwin USR-1611 Page 13
6 DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
�1 4209 CR 24.5
�l LONGMONT, COC 80504
PHONE: (720)652-4210, Ext. 8730
' FAX: (720)652-4211
COLORADO
April 16,2007
Hall-Irwin Corporation
301 Centennial Drive
Milliken CO 80543
Danna Ortiz
Civil Resources LLC
451 Oak Street Suite 209
PO Box 680
Frederick CO 80530
Subject: USR-1611- Request for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development facility including Gravel Mining, export&import of materials,scale house and office in the A(Agricultural)
Zone District on a parcel of land described as AMSE-656 part SE4; Lot B of AMRE-4290 part SE4; and Lot B of RE-1352
part SW4 NE4, all in Section 36,Ti N, R67W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
•-"+ur application and related materials for the request described above are being processed. I have scheduled a meeting with the
,Id County Planning Commission for June 19, 2007, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County
Planning Department,4209 CR 24.5, Longmont, 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 Brighton and Fort Lupton Planning Commission for their review and comments. Please call Brighton at
(303)655-2023 and Fort Lupton at(303)857-6694 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 Brighton and Fort Lupton 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 of ten days prior to the hearing to
post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,and location. In
the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-
of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning
Commission. 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.
^specffull�
Jac lujirm Hatch
Plan
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS June 9, 2007 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL
REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN
THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A
PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, 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-1611 IN THE A
(AGRICULTURAL) ZONE DISTRICT.
Jacqueline Hatch
Name of Person Posting Sign —Jacqueline Hatch
-,I
`
Signafre of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this led-day of ,
2007. WITNESS my hand and official seal
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FIELD CHECK Inspection Date: 6/8/07
APPLICANT: Parker/Dersham — Hall-Irwin Corporation do Jeff Gregg represented by Danna Ortiz with Civil
Resources LLC
CASE# : USR-1611
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including Gravel Mining,export&import of materials, scale house and office
in the A(Agricultural)Zone District.
LEGAL: AMSE-656 Pt SE4; Lot B AMRE-4290 Pt SE4 and Lot B RE-1352 pt SW4 NE4 all in Section 36;
of Ti N, R67W of the 6th P.M.,Weld County, CO.
LOCATION: Multiple parcels generally located East of and adjacent to CR 23.5, North of and adjacent to CR
2 (Baseline Road), and South of CR 23.75.
PARCEL ID#: 1469 36 400020; 1469 36 000031 & 1469 36 400021
ACRES: Approximately 52.8 acres (33.4 acres to be disturbed)
Zoning Land Use
N Agricultural N Agricultural
E Agricultural E Gravel Operation
S Agricultural S Gravel Operation
W Agricultural W Agricultural
Comments:
One single family home on the property
Agricultural uses to the west and north
Gravel operations to the south across CR 2 and directly east of the property
Somewhat level — property slopes up towards the north slightly
Two single family homes in close proximity to the property.
Signature
o House(s) ❑ Derelict Vehicles
o Outbuilding(s) ❑ Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance o Wetlands
o Mobile Home(s) o Oil & Gas Structures
o Other Animals On-Site ❑ Wildlife
o Water Bodies o Utilities On-Site (transmission lines)
o Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello