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Home My WebLink About20060431.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Asphalt Specialties Company Case Number USR-1529 Submitted or Prepared Prior to At Hearing Hearing Planning Commission Resolution 2 Staff Comments X Department of Planning Services field check form X Planning Commissioner Spitzer field check form X Letter(s)to Applicant X Photograph of sign posting X X Legal Notifications X 3 Application X Maps X • 4 Referral List X Referrals without comment 5 Town of Mead, referral received 8-30-2005 X Town of Frederick, referral received 9-8-2005 X Longmont Soil Conservation District, referral received 9-13-2005 X Referrals with comments • 6 Weld County Zoning Compliance, referral received 8-26-2005 X 7 Central Weld County Water District referral received 8-31-2005 X 8 Weld County Department of Building Inspection, referral received 8-31-2005 X 9 State of Colorado, Division of Water Resources, referral received 9-2-2005 X 10 Mountain View Fire Protection District, referral received 9-12-2005 X 11 St Vrain Sanitation District, referral received 9-14-2005 X 12 Weld County Department of Public Works, referral received 9-21-2005 X - 13 Weld County Department of Public Health and Environment, referral X received 9-28-2005 14" Colorado Division of Wildlife, referral received 9-29-2005 X 15 Letter from Kerr McGee Rocky Mountain Corporation dated 10-14-2005 X • 16 Letter from Kerr McGee Rocky Mountain Corporation dated 10-17-2005 X 17 Letter from Kerr McGee Rocky Mountain Corporation dated 10-18-2005 X PC Exhibits EXHIBIT 2006-0431 1 A #!5Pq 18 Sheriff's Office referral dated 10-28-2005 X N. 19 Approval of DMG Permit dated 12-5-2005 X 20 Kerr McGee Letter dated 1'2-7-2005 X 21 Substitute Water Supply Plan letter dated 2-2-2006 X I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. -144.4 Kim Ogle tanner siT,H60 Wi`pC LANDAPPLICATION SUMMARY SHEET COLORADO Planner: Kim Ogle Case No.: USR-1529 Hearing Date: October 18, 2005 Applicant: Asphalt Specialties Company Address: c/o Rob Laird, 10100 Dallas Street; Henderson CO 80640 Request: Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, including a Concrete Batch Plant in the A(Agricultural)Zone. Legal: E2 SE4 Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 26;west of and adjacent to CR 15.. Parcel Size: 73 +/- acres Area to be Mined: 66 +/-acres Parcel No: 1209 31 000060 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 8-26-2005 • Town of Mead, referral received 8-30-2005 • Central Weld County Water District referral received 8-31-2005 • Weld County Department of Building Inspection, referral received 8-31-2005 State of Colorado, Division of Water Resources, referral received 9-2-2005 • Town of Frederick, referral received 9-8-2005 • Mountain View Fire Protection District, referral received 9-12-2005 • Boulder Valley/Longmont Soil Conservation District, referral received 9-13-2005 • St Vrain Sanitation District, referral received 9-14-2005 • Weld County Department of Public Works, referral received 9-21-2005 • Weld County Department of Public Health and Environment, referral received 9-28-2005 • Colorado Division of Wildlife, referral received 9-29-2005 • Kerr-McGee, Rocky Mountain Corporation, referral received 10-14; 10-17; & 10-18-2005 The Department of Planning Services'staff has not received responses from the following agencies: • US Army Corps of Engineers • Bernard Lyons Gaddis & Kahn, representatives for the Last Chance Ditch Company • State of Colorado, Water Conservation Board • Town of Firestone, referral received • State of Colorado, Historical Society • State of Colorado, Division of Minerals and Geology • Central Weld County Water Conservation District • Weld County Sheriff's Office EXHIBIT USR-1529,Asphalt Specialities Inc., Page 1 1 SPECIAL REVIEW PERMIT W I/ ADMINISTRATIVE REVIEW PRELIMINARY wok COLORADO Planner: Kim Ogle Case No.: USR-1529 Hearing Date: October 18, 2005 Applicant: Asphalt Specialties Company Address: do Rob Laird, 10100 Dallas Street; Henderson CO 80640 Request: Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, including a Concrete Batch Plant in the A(Agricultural)Zone. Legal: E2 SE4 Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 26;west of and adjacent to CR 15.. Parcel Size: 73 +/-acres Area to be Mined: 66 +/-acres r Parcel No: 1209 31 000060 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.A(CM Goal 1) states: "Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law." The proposed mine area contains a valuable sand and gravel deposit, therefore, permitting of this site for this use will ensure that material is available to meet future needs. Further, Section 22-5-70.A states"The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials, such as sand and gravel, have an economic affect on the general construction and highway construction industry." Further, the applicant states that the "County's annual growth rate over the last ten years averaged 3.6 percent, with total growth from 1993 to 2003 at 42.2 percent. Population estimates for Weld County predict an average of three percent growth for the next ten years." Section 22-5-80.B(CM.Goal 2)states,"Promote the reasonable and orderly development of mineral resources." The applicant proposes to mine known lands containing an existing mineral reserve. USR-1529,Asphalt Specialities Inc., Page 2 Section 22-5-80.E (CM Goal 5)states: "Provide for timely reclamation and reuse of mining sites in accordance with Chapters 22, 23, 24 of the Weld County Code." The application states that mining and reclamation will be concurrent. Concurrent reclamation is practiced to minimize surface disturbance to the extent possible." Section 22-5-80.F(CM Goal 6)states:"The extraction of mineral resources should conserve the land and minimize the impact on surrounding land." The applicant states that final reclamation will begin within one year of completion of mining activities in any given phase, with seeding and planting completed during the appropriate time of year. The proposed reclaimed land form creates a water storage reservoir with a compacted clay liner that will be of benefit to County citizens. 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 and Section 23-3-40.A.4 of the Weld County Code provides for Mineral Resource Development Facilities including Open Pit Mining and Materials Processing, including a Concrete Batch Plant in the A(Agricultural)Zone. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding land uses include County permitted mineral resource extraction facilities,agricultural,residential development and oil and gas production facilities. St. Vrain Sanitation has a facility immediately adjacent to the northwest of this proposed facility. There are thirteen (13) property owners within five hundred (500) feet of this proposed application amendment area. 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 property is outside of any Inter-governmental Agreement and Urban Growth Boundary areas for the Towns of Frederick, Firestone, Mead and the City of Longmont. The Town of Mead and the Town of Frederick returned a referral stating they had reviewed the request and find no conflicts with their interests. The Town of Firestone did not return a referral. Planning Staff believes that,with the endorsement of the Conditions of Approval,contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. E. Section 23-2-220.A.5--The application complies with Section 23-5-200 of the Weld County Code. The proposal is located within the Flood Hazard Overlay District area as delineated on FIRM Community Panel Map#080266-0615C dated September 28, 1982. The applicant will be required to submit a Flood Hazard Development Permit to address the proposed uses associated with this application. 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 parcel is designated as "Prime"on the Important Farmlands of Weld County map dated 1979,with a majority of the property located within the 100 year flood plain thus limiting the agricultural productiveness of the site. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. USR-1529,Asphalt Specialities Inc., Page 3 H. Section 23-4-250--Additional requirements for Open-mining have been addressed through this application and the Development Standards will ensure compliance with Section 23-4- 250 Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Finally, Section 22-5-100.B.1 of the Weld County Code states"new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) B. The applicant shall provide written evidence that all issues involving water rights, including a water court approved plan for augmentation or substitute water supply plan has been approved by the State of Colorado, Division of Water Resources. Written evidence of approval or obtaining approval from the Colorado Division of Minerals and Geology(DMG) for a permit to mine the resource shall be submitted to the Weld County Department of Planning Services prior to mining of the mineral resource. (Department of Planning Services) 2. Prior to recording the USR plat: A. The plat shall be amended to delineate the following: 1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. All sheets shall be labeled USR-1529 (Department of Planning Services) 3. The Development Standards associated with this application. (Department of Planning Services) 4. A minimum of ten(10)feet of clearance from any existing power line or future power line shall be maintained at all times as outlined by State Statute. (Department of Planning Services) 5. The location of any on-site signs, including all appropriate stop signs, speed limit signs, haul route designation signs shall be posted at the entrance. (Department of Planning Services) 6. County Road 26 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.A total of 30 feet from the centerline of County Road USR-1529,Asphalt Specialities Inc., Page 4 • 26 shall be delineated on the plat. This road is maintained by Weld County. County Road 26 was upgraded and paved to accommodate two gravel facilities utilizing this as their designated haul route: L.G. Everist and Owens Brothers. (Department of Public Works) 7. The location of all permanent structures, i.e., scale house, truck scale, all buildings and/ or structures and known areas for"portable" machinery associated with this land use application. Further all physical encumbrances presently in-situ for this site, i.e., irrigation ditches, oil and gas facilities et cetera. (Department of Planning Services) 8. St Vrain Sanitation District in their referral dated September 16, 2005 states they have an easement to the north of and outside of the defined property from the property line to County Road 15 that serves as both an access and future utility easement to the existing Sanitation Treatment Plan. It is requested that this easement be delineated on all plats. (St Vrain Sanitation District) 9. St Vrain Sanitation District in their referral dated September 16, 2005 states there is a Conservation Easement on the property and this easement shall also be delineated. (St Vrain Sanitation District) 10. Mountain View Fire Protection District requests that all tanks installed for flammable or combustible liquid storage or dispensing either on a temporary or permanent need be identified with a one hundred (100) foot diameter circle delineating a no-build zone. (Mountain View Fire Protection District) 11. The approved Landscape and Screening Plan. (Department of Planning Services) 12. The approved Site Lighting Plan. (Department of Planning Services) B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) C. 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 such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. 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 such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health& Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. USR-1529,Asphalt Specialities Inc., Page 5 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) F. The applicant shall provide evidence to the Department of Public Health& Environment that any vehicle washing area will be designed and constructed to capture all effluent and prevent any 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. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall submit a Lighting Plan identifying the number,size and location of all on- site fixed and mobile lighting fixtures. (Department of Planning Services) The applicant shall submit a Landscape Plan identifying the number, size and species of all plant material to the Department of Planning Services for review and approval.This plan shall include specifications of any proposed berm's, if required. The proposed berm's will be extended to mitigate impacts to surrounding properties and adjacent road rights-of-way. Any berm placed in the one hundred (100) year flood plain can not obstruct passage of flood flows. 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. (Department of Planning Services) J. The applicant shall provide written evidence from the Mountain View Fire Protection District to the Department of Planning Services that all comments and stipulations as outlined in their referral dated September 12, 2005 have been incorporated and delineated as appropriate on the plat. (Department of Planning Services, Mountain View Fire Protection District ) K. The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement with the Weld County Public Works Department on the designated haul route described in the Agreement. The applicant shall also address all transportation and non-transportation improvements associated with this application, i.e., landscape treatment, berming,fencing, et cetera. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Works, Department of Planning Services) L. The applicant shall submit an Private Road Improvements Agreement for all improvements associated with this site, i.e., fencing, overhead light fixtures, road base, berming and landscape materials, et cetera. M. The applicant submit and be approved for a Flood Hazard Development Permit to include improvements to the property. (Department of Planning Services) 3. Prior to operation: A. One month prior to operation, the applicant shall submit evidence of compliance with the State of Colorado Department of Public Health and the Environment specific to 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 the Environment at www. cdphe. state . co. us/wq/PermitsUnit <http://www.cdphe.state.co.us/wq/PermitsUnit> for more information. Written evidence of compliance with referral shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) USR-1529,Asphalt Specialities Inc., Page 6 B. An individual sewage disposal system is required for the proposed scalehouse/office and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Written evidence of compliance with referral shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) C. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. Written evidence of compliance with referral shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall provide evidence of being in receipt of the Division of Minerals and Geology Permit, Mined Land Reclamation Permit 112 to conduct surface extraction of construction materials and reclamation of said lands identified as the Nelson Sand and Gravel Mine Site. Written evidence of compliance with referral shall be submitted to the Department of Planning Services. (Department of Planning Services) E. Access to County Road 26 shall be paved with adequate turning radiuses a minimum of 24 feet in width to accommodate two-way traffic, match existing grade. The pavement shall extend through the scale house/office area and a small parking lot accompanying that facility. (Department of Public Works) F. A substitute Water Supply Plan or court approved augmentation plan must be obtained to replace the depletions caused by this operator. Written evidence of compliance with referral shall be submitted to the Department of Planning Services. (State Engineers Office) G. Proper building permits shall be obtained in accordance with the Weld County Building Inspection Department,prior to any construction,demolition,or excavation.Part of the permit application process includes a complete plan review. (Department of Planning Services) 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be recorded within the required sixty (60)days from the date the Board of County Commissioners Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) U5R-1529,Asphalt Specialities Inc., Page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Asphalt Specialities, Incorporated—Nelson Pit USR-1529 1. This Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, including a Concrete Batch Plant in the A(Agricultural)Zone District, as indicated in the application materials on file and 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 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 flood plain of the South Platte which would obstruct passage of flood flows. (Department of Planning Services) B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might 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. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- ^ 100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.,as amended.Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 7. The applicant shall operate in accordance with the approved"waste handling plan". (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. Adequate handwashing and toilet facilities shall be provided for employees and vendors. (Department of Public Health and Environment) 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) USR-1529,Asphalt Specialities Inc., Page 8 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Central Weld County Water District) (Department of Public Health and Environment) 13. 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) 14. Bottled water shall be provided to employees at the temporary locations of the working face at all times. (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 State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 18. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Planning Services) 19. The applicant shall enter into a Long Term Road Maintenance and Improvements Agreement with the Board of County Commissioners. (Department of Public Works) 21. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of Planning Services) 22. The site shall comply with the Mine Safety and Health Act (MSHA). (Department of Planning Services) 23. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Department of Planning Services) 24. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180,Articles I and II. (Department of Planning Services) 25. Building permits shall be obtained prior to the construction or placement of any structure such as a scale,concrete and asphalt plant,office, 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) 26. 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) 27. 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: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National USR-1529,Asphalt Specialities Inc., Page 9 Electrical Code; 2003 International Fuel Gas Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 28. Each structure set on a foundation will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 29. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) 30. 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) 31. A Flood Hazard Development Permit shall be submitted for buildings constructed in the 100-year flood plain. (Department of Building Inspection) 32. The setbacks for the mining operation are measured from the future right-of-way plus the standard twenty(20)feet in the Agricultural Zone District. (Department of Planning Services, Department of Public Works) 33. Permits are required for all electrical work including electrical services for dewatering pumps, rock crushers, construction trailers, site lighting, et cetera. (Department of Planning Services) 34. All excavation shall meet the requirements of the International Building Code and stormwater drainage design and technical data. (Appropriate Colorado State and County agencies should be consulted for additional regulations or requirements.)(Department of Planning Services) 35. Drawings for any building or related projects shall be submitted to the Mountain View Fire Protection District. (Department of Planning Services) 36. Additional requirements or changes may be required when building applications or plans are reviewed by the Weld County Building Inspection Department, the Fire District, or other State agencies. (Department of Planning Services) 37. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may wash away during flooding,shall be securely anchored and adequately flood-proofed to avoid creation of a flood hazard. (Department of Planning Services) 38. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the reclaimed areas. (Department of Planning Services) 39. If any work associated with this project requires the placement of dredged 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, ponds or wetlands at this location, the applicant shall obtain a Department of Army, 404 Clean Water Act permit. (Department of Planning Services) 40. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle washing area(s)shall capture all effluent and prevent discharges from the washing of vehicles in accordance USR-1529,Asphalt Specialities Inc., Page 10 with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission,and the Environmental Protection Agency. (Department of Planning Services) 41. All gravel trucks transporting materials out of the area on county roads shall ensure that their loads are covered, thus reducing loose materials on the roadway and the amount of damage to vehicles. (Department of Planning Services) 42. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency including a Letter of Map revision if determined to be applicable. (Department of Planning Services) 43. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points of ingress and egress to clearly identify the boundaries of the site. (Department of Planning Services) 44. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning Services) 45. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light, Monday through Saturday,except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation in the winter months (November through April) will be 7:00 am to 5:00 pm and in the summer months (May through October)will be 7:00 am to 7:00 pm with limited hours of operation during the summer months. 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) 46. Existing trees and ground cover 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) 47. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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 Planning Services) 48. The plant material on site shall be maintained in accordance with the approved weed eradication plan. (Department of Planning Services) 49. The landscaping on site shall be maintained in accordance with the approved Landscape,Screen and Buffering Plan. (Department of Planning Services) 50. The number of on-site employees shall be limited to twelve(12)as stated in the application materials. (Department of Planning Services) 51. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 52. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 53. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. (Department of Planning Services) 54. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Department of Planning Services) USR-1529,Asphalt Specialities Inc., Page 11 55. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 56. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 57. 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) 58. 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) 59. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be recorded within the required sixty(60)days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) 60. 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) 61. 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) USR-1529,Asphalt Specialities Inc., Page 12 DEPARTMENT OF PLANNING SERVICES (i1(0 NORTH OFFICE 918 10TH Street GREELEY, CO 8063 80631 PHONE: (970)353-6100, Ext. 3540 IFAX: (970)304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LO COLORADO )6524210,C Ext. x PHONE: (720) xt. 8730 FAX: (720)652-4211 August 23,2005 Asphalt Specialities Co Inc 10100 Dallas St Henderson CO 80640 Subject: USR-1529- Request for a Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, including a Concrete Batch Plant in the A(Agricultural)Zone on a parcel of land described as E2 SE4 Section 31,T3N, R67W of the 6th P.M.,Weld County,Colorado. Dear Applicant: Yourapplication and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 18, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Firestone,Frederick and Mead Planning Commission for their review and comments. Please call Firestone at(303)833-3291,Frederick at(303)833-2388 and Mead at(970)535-4477 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 Firestone, Frederick and Mead 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. Respectful: Kim (Rgllee Plarvier PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS OCTOBER 7, 2005 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING, INCLUDING A CONCRETE BATCH PLANT IN THE A (AGRICULTURAL) ZONE. (USR-1529) KIM OGLE Name of Person Posting Sign Signatur: o erson Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD In The foregoing instrument was subscribed and sworn to me this �/ day of Cbacpr , 2005. WITNESS my hand and official seal. % 1 Notary Public My Commission Expires: r-. Per Kim Ogle on 2/9/2006, a photograph of the notification sign was taken as certified on the proceeding affidavit; however, due to technical difficulties, a picture was not retrievable in its digital format. - • OD lig( 2005 th / 0,6 • � ; L . ^` ' i w � .. il • 2005 / 10 / 06 - - -- - -1 _.. :- --ice ■ _• - - • . �P. ' a j ki - • aiy , -- 2005 / 10 / 06 2005 / 10 / 06/ FIELD CHECK / CASE NUMBER: USR-1529 DATE OF INSPECTION: /��//O5- APPLICANT'S NAME: Asphalt Specialities Co Inc PLANNER: Kim Ogle REQUEST: Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, including a Concrete Batch Plant in the A(Agricultural)Zone. LEGAL DESCRIPTION: E2 SE4 Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 26; west of and adjacent to CR 15. LAND USE: C-Mtetom" N O2/ iUZee-.f a :0 ,rte refr, - S t.-444,1,04444a- ZONING: s�,t �d . '`..mss Z. ."�-% N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: �� Aita C.iftt,L cairan asch lea4Cele (2644.1ea-ste-toCe) Atente ealfri/,.e P.C. Member CP t x.0-c .�a�o 2d Al `�eSt=to FIELD CHECK inspection date: October 6, 2005 CASE NUMBER: USR-1529 APPLICANT: Asphalt Specialties Company LEGAL DESCRIPTION: E2 SE4 Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 26; west of and adjacent to CR 15.. Zonina I and Use N A(Agricultural) N Agricultural/St.Vrain Sanitation Facility&Varra Mining Operation E A(Agricultural) E Agricultural/Owens Brothers Mining Operation S A(Agricultural) S Agricultural/Rural Residential, Lohmann Mining Operation W A(Agricultural) W Agricultural/ Varra Mining Operation COMMENTS: Property lies low to CR 26. There is a concrete irrigation ditch adjacent to road right-of-way and three wire fence. Overhead electric wire is north of CR 26. Property appears to be flood irrigated as property slopes north to south. No structures are on site. Property is surrounded by existing mining operations. Immediately adjacent to north is the St.Vrain Sanitation Facility including outfall and ponds. 'm O. - Planner Hello