HomeMy WebLinkAbout20060558.tiff CORRECTED RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1533 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
ASPHALT BATCH AND RECYCLING PLANTS, CONCRETE BATCH PLANT,
MATERIALS BLENDING, IMPORT OF MATERIALS, AND GRAVEL MINING, IN THE
A(AGRICULTURAL) ZONE DISTRICT - ASPHALT PAVING COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 15th day of
March,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Asphalt Paving Company, 14802 West 44th Avenue,Golden,Colorado 80403,fora
Site Specific Development Plan and Use by Special Review Permit#1533 for a Mineral Resource
Development Facility,including asphalt batch and recycling plants,concrete batch plant,materials
blending,import of materials,and gravel mining,in the A(Agricultural)Zone District on the following
described real estate, being more particularly described as follows:
Part of the NW 1/4/4 of Section 25, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Paul Banks and Maureen Jacoby,Banks and
Gesso, LLC, 720 Kipling Street, Suite 117, Lakewood, Colorado 80215, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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
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SPECIAL REVIEW PERMIT#1533 - ASPHALT PAVING COMPANY
PAGE 2
County recognizes that mineral resource extraction is an essential industry.
The availability and cost of materials, such as sand and gravel, have an
economic effect on the general construction and highway construction
industry." Permitting of this site for this use will ensure that material is
available to meet future needs.
1) Section 22-5-80.8(CM.Goal 2)states,"Promote the reasonable and
orderly development of mineral resources." The proposed Use by
Special Review (USR) proposes to mine the additional lands as
existing mineral reserves are depleted from the Perry Pit
(AMUSR-921). The Perry Pit is east of and adjacent to the
unincorporated Townsite of Wattenberg,and is currently being mined
by Asphalt Paving Company.
2) Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of
surface mining activities on surrounding land uses, roads and
highways." The applicant states there will be no change in the
permitted truck count or average production rate between the existing
Perry Pit and proposed Wattenberg West site. The access location
change will be accompanied by road improvements equal to the
proposed impact. The referral received from the Weld County
Department of Public Works,dated November 9,2005,states"A joint
traffic study,including Aggregate Industries and Mobile Pre-Mix along
with Asphalt Paving, was submitted to the County as a part of the
Improvements Agreement for the operation of the pits on Weld
County Road 6. The application indicates that there will be no
increase in the truck count or average production rate by transporting
the material from Perry Pit to the proposed Wattenberg West site;
therefore,a new traffic study will not be required if annual production
would not increase." The applicant shall enter into a new Long-Term
Road Maintenance and Improvements Agreement for the Wattenberg
West facility with Weld County for the upgrade of paving and
maintenance of the County Roads which are associated with the pit,
and any additional intersection impacted by the heavy hauling.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A and 23-3-40.A.4 of the
Weld County Code provide for a Mineral Resource Development Facility,
including Asphalt Batch and Recycling Plants, Concrete Batch Plant,
Materials Blending, and Import of Materials and Gravel Mining, in the
A (Agricultural)Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Existing land uses surrounding the
property are typically agricultural and rural residential in use. Additionally,the
unincorporated Townsite of Wattenberg is located east of and adjacent to the
proposed gravel operation. There are twenty-seven (27) property owners
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SPECIAL REVIEW PERMIT#1533 -ASPHALT PAVING COMPANY
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within five hundred(500)feet of this proposed application. Weld County has
received four (4) letters from surrounding property owners indicating the
following concerns:depreciation of property value,the effect on the existing
water quality,noise,lighting,hours of operation,traffic,and air pollution. The
proposed use will be compatible with surrounding properties,which include
gravel operations to the east (AMUSR-921 Asphalt Paving Company,
AMUSR-905 Aggregate Industries, Inc.,and USR-1259 Mobile Pre-Mix). The
applicant is proposing to install clumps of evergreen trees and deciduous
shrubs adjacent to Weld County Road 6. The areas adjacent to Wattenberg
will have clumps of canopy trees to shield the operations from surrounding
landowners. The applicant will be required to submit a Landscape and
Screening Plan that includes berms and landscaping along the north, east,
and west sides of the proposed development.
d. Section 23-2-230.B.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 subject
property lies within the three-mile referral area of the Cities of Fort Lupton
and Brighton, and Adams County. The Cities of Fort Lupton and Brighton
returned referrals stating they reviewed the request and find no conflicts with
their interests. Weld County has not received a referral from Adams County
regarding this proposal.
e. Section 23-2-230.B.5--The application complies with Section 23-5-230 of
the Weld County Code. The proposal is not located within the Flood Hazard
Overlay District area as delineated on FIRM Community Panel
Map#080266-983C,dated September 28, 1982. Effective January 1,2003,
building permits issued on the subject site will be required to adhere to the
fee structure of the County-Wide Road Impact Program. Effective August 1,
2005, building permits issued on the subject site will be required to adhere
to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site is classified as"Prime Irrigated Farmlands of National
Importance",as delineated on the Important Farmlands of Weld County Map,
dated 1979. A portion of the site is currently being farmed.
Section 22-5-80.A.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."
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g. Section 23-2-230.6.7 -- 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 the health,safety,and welfare of the
inhabitants of the neighborhood and County.
h. Section 23-4-250 -- Additional requirements for open-mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 of the Weld County Code.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Asphalt Paving Company fora Site Specific Development
Plan and Use by Special Review Permit #1533 for a Mineral Resource Development Facility,
including asphalt batch and recycling plants, concrete batch plant, materials blending, import of
materials, and gravel mining, in the A(Agricultural)Zone District on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. 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.
2) All sheets shall be labeled USR-1533.
3) All existing and future oil and gas drill envelopes.
4) The Development Standards associated with this application.
5) 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.
6) The location of any on-site signs,including all appropriate Stop signs,
speed limit signs, and haul route designation signs, shall be posted
at both entrances.
7) Weld County Road 6 is designated on the Weld County Road
Classification Plan as a collector status road,which requires 80 feet
of right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created
it, along with any additional right-of-way reservation required.
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8) Weld County Road 23 is designated on the Weld County Road
Classification Plan as a local gravel road,which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created
it.
9) 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.
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 of the Colorado Department of Health and Environment. Evidence
of the Weld County Department of Public Health and Environment approval
shall be submitted to the Department of Planning Services.
C. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of such shall be
submitted to the Department of Planning Services.
D. The applicant shall submit evidence from the Colorado Division of Water
Resources demonstrating that the proposed well water is appropriately
permitted for drinking,irrigation of proposed landscaping,and sanitary uses.
Bottled water shall be provided to employees at the temporary locations of
the working face. Evidence of approval by the Weld County Department of
Public and Environment shall be submitted to the Department of Planning
Services.
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 and Environment. Evidence of such 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 the site. This
should include expected volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
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F. 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
berms,if required. The proposed berms will be extended to mitigate impacts
to surrounding properties and adjacent road rights-of-way.
G. The applicant shall enter into a Road Maintenance and Improvements
Agreement for the designated haul route and all intersection improvements.
The applicant shall also address all transportation and non-transportation
improvements associated with this application. The Improvements
Agreement shall be approved by the Board of County Commissioners.
H. The applicant shall attempt to meet with the Weld County Sheriffs Office to
discuss the applicant's security plan.
The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval.
J. The West Adams Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
K. 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 22-5-100.6.1 of the Weld County Code states, "New
development should be planned to take into account current and future oil
and gas drilling activityto 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.
L. The applicant shall submit a Landscape Plan identifying the number, size,
and species of all plant material to the Weld County Planning Department for
review. This plan shall include specifications of the berms. The berms will
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. Included
in the Landscape Plan, the applicant shall screen with berms and
landscaping on the north,east,and west sides of the proposed development.
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M. The plat shall indicate how the proposed landscaping will be irrigated.
2. Prior to operation:
A. 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 Wattenberg West Sand and Gravel Mine Site.
B. Proper building permits shall be obtained in accordance with the Weld
County Department of Building Inspection prior to any construction,
demolition,or excavation. Part of the permit application process includes a
complete plan review.
C. A Stormwater Discharge Permit may be required for a development/
construction site where a contiguous or non-contiguous land disturbance is
greater than or equal to one(1)acre in area. The applicant shall inquire with
the Water Quality Control Division(WQCD)of the Colorado Department of
Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if
they are required to obtain a Stormwater Discharge Permit. Alternately,the
applicant can provide evidence that they are not subject to these
requirements. The applicant shall provide evidence of such to the
Department of Planning Services.
D. An individual sewage disposal system is required for the proposed scale
house and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
E. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
F. The applicant shall have the Greater Brighton Fire Protection District review
all construction plans for building permits.
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.
Evidence of approval by the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
H. The applicant shall provide written evidence that all issues involving water
rights have been addressed, including a Water Court-approved plan for
augmentation,or a substitute water supply plan which 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
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Weld County Department of Planning Services prior to mining of the mineral
resource.
3. The Use by Special Review activity shall not occur,nor shall any building permits be
issued on the property,until the Use by Special Review plat is ready to be recorded
in the office of the Weld County Clerk and Recorder.
4. 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 may be added for each additional three (3) month period.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of March, A.D., 2006.
I�4e BOARD OF COUNTY COMMISSIONERS
�v *�� WELD COU COLORADO
'_� / k/:.,�., NAY
ATTEST: �� A
e"�! �t♦� ��t4�9/
. eile, Chair
Weld County Clerk to the Rik
`` � •. AYE
�1 ���U?\I
U David E. Long, Pro-Tem f
pi
BY: \-, Itt6LI
De y Clerk to the Board 1.--
W m Jerke
APP E S TO _ er�, 9 (NAY)
%�2�\Robert D. M((( C ttorney ��GG _ 21 ,' I . 'Masden
( (AYE)
Glenn Vaad
Date of signature: 5�Z 3/etc
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ASPHALT PAVING COMPANY
USR#1533
1. Site Specific Development Plan and Use by Special Review Permit#1533 is fora Mineral
Resource Development Facility,including asphalt batch and recycling plants,concrete batch
plant,materials blending,importof materials,and gravel mining,in the A(Agricultural)Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed forfinal disposal in a manner that
protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. This 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.
9. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the site.
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. Portable toilets maybe utilized on sites that are temporary locations of the working face and
portable processing equipment, etcetera, for up to six (6) months at each location.
12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
13. Bottled water shall be provided to employees at the temporary locations of the working face
at all times.
14. The applicant shall obtain a Stormwater Discharge Permit from the Colorado Department
of Public Health and Environment, Water Quality Control Division.
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15. In the event washing of vehicles will occur on the site, the applicant shall ensure that any
vehicle washing area(s)shall capture all effluent and prevent discharges in accordance with
the Rules and Regulations of the Water Quality Control Commission,and the Environmental
Protection Agency.
16. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
17. The site will be graded to ensure that all stormwater run-off that comes in contact with
disturbed areas will be directed into the mining areas or settling ponds.
18. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
19. The applicant shall obtain and maintain all State water quality permits associated with the
gravel mining operation.
20. The operation shall comply with the Occupational Safety and Health Act (OSHA).
21. The site shall comply with the Mine Safety and Health Act (MSHA).
22. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
23. 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, of the Weld County Code.
24. Building permits shall be obtained prior to the construction or placement of any structure,
such as a scale,asphalt batch or recycling plants,office,concrete batch 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.
25. 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.
26. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2002 National Electrical Code,2003 International Fuel Gas Code,and Chapter 29 of
the Weld County Code.
27. 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
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PAGE 3
registered engineer. Engineered foundations shall be designed by a Colorado registered
engineer.
28. 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.
29. 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.
30. 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.)
31. Drawings for any building or related projects shall be submitted to the Greater Brighton Fire
Protection District.
32. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Department of Building Inspection,the Fire District,or other
state agencies.
33. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
34. The applicant shall obtain a Department of Army, 404 Clean Water Act Permit, 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,takes
place in waters of the United States which may include streams, open water lakes, ponds
or wetlands at this location.
35. 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.
36. "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.
37. 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.
38. 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
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PAGE 4
public or private emergency, or to make necessary repairs to equipment. The hours of
operation in the winter months (November through April) shall be from 7:00 a.m. to 5:00
p.m.,and in the summer months(May through October)from 7:00 a.m.to 7:00 p.m. 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.
39. 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.
40. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm run-off.
41. The landscaping on the site shall be maintained in accordance with the approved
Landscape, Screening and Buffering Plan.
42. The numberof on-site employees shall be limited to twenty(20),as stated in the application
materials.
43. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
45. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
46. The operation shall complywith all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
47. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
48. 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.
49. 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
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three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall
be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the
Weld County Code in order to reestablish any Use by Special Review.
50. 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.
51. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
52. 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.
53. The applicant shall supply the Department of Planning Services with a copy of the quarterly
reportof the monitoring wells for review. If significant impacts to the Wattenberg community
wells are determined by the State or other regulatory agencies, the County may,at its sole
discretion, initiate an administrative hearing to consider whether to suspend or revoke the
Use by Special Review Permit.
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