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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1347 FOR AN OPEN • . ' •VEL MINING OPERATION AND CONCRETE
AND ASPHALT BATCH PLANT I HE AGRICULTURAL) ZONE DISTRICT -
AGGREGATE INDUSTRIES ST CENT- L REGION
WHEREAS, the B : of County Co •' ssioners of Weld County, Colorado, pursuant to
Colorado statute and the el. .. • .me Rule Charter, is vested with the authority of
administering the aff of eld County, Colorado, and
WHER , the Bo- d of County Commissioners held a public hearing on the 17th day
of July, 2002 .t the hour .f 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Aggr=.ate Ind -s West Central Region, 3605 South Teller Street,
Lakewood, Colorado .0235, - . Banks nd Gesso, LLC, 720 Kipling Street, Suite 117,
Lakewood, Colora'. 8021 for a .-.te pecific Development Plan and Use by Special Review
Permit#1347 fo .n Ope Pit Gravel Mining Operation and Concrete and Asphalt Batch Plant in
the A (Agricult al) Zone District on the f described real estate, to-wit:
Part . the W1/2 of ection 1, and part of the
SE1/4 1/4 of Secti n 20, all in Township 3
North, Ran e 67 West f the 6th P.M., Weld
County, Col do
WHEREAS, at the request of the app• ant, the Board deemed it advisable to continue
Use by Special Review Permit #1347 to W nesday, July 31, 2002, at 10:00 a.m. to allow a
hearing before a full quorum of the Board, nd
WHEREAS, at said hearing on July 31, 002, the and deemed it advisable to continue
Use by Special Review Permit #1347 to Wednesday, S tember 11, 2002, at 10:00 a.m. to
allow the applicant additional time to attempt to com o an agr the surrounding
property owners regarding water mitigation, and
WHEREAS, at said hearing on September 11, 2002, said appli nt was represented
Paul Banks, Banks and Gesso, LLC, and
WHEREAS, Section 23-2-230 of the Weld County Code ovi.- standar for eview
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all o e testimo .nd
statements of those present, studied the request of the applicant and th- -co endations of
the Weld County Planning Commission and all of the exhibits and evidence p _ -nted 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.
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SPECIAL REVIEW PERMIT#1347 - AGGREGATE INDUSTRIES WEST CENTRAL REGION
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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.B.1 (CM.Goal 2) states, "Promote the reasonable and orderly
development of mineral resources." The proposed Concrete and Asphalt
Batch Plant will allow for the processing of extracted mineral resources.
Section 22-5-80.D.2.e (CM.Policy 4.5) requires "that batch plants and
processing equipment be buffered from adjacent uses." The applicant
will install berms, fencing and landscaping along adjacent public rights-of-
way to provide buffering from existing uses and adjacent property
owners.
b. Section 23-2-230.6.2 —The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A of the Weld County
Code designates Open Pit Mining and Materials Processing, as well as
Asphalt and Concrete Batch Plants, as a Use by Special Review in the A
(Agricultural) Zone District in accordance with Chapter 23, Article II,
Division 4, of the Weld County Code.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The applicant will
screen the facility with a six-foot landscaped berm and a four-foot opaque
fence parallel to State Highway 66 around the Batch Plant area, Mining
operations and Trail system. Surrounding property uses include the
Varra Sand and Gravel Mining operation and a dairy to the south, an
Onion/Potato processing facility, Ivy Crest Subdivision, a Feedlot and
Turkey Farm to the north and east, and predominantly agricultural
operations and associated rural residential uses to the west. The site lies
adjacent to the northern boundary of the Southwest Weld Road Impact
Fee Area.
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, as well as the adopted Master Plans of
affected municipalities. The proposed use is located within the three-mile
referral area of the Town of Mead. The referral response from the Town
of Mead indicated no conflict with the proposed use.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article
V, of the Weld County Code. Section 22-5-80.E.1.d (CM.Policy 5.4)
states, "The operation should comply with County flood hazard and
geological hazard regulations." The proposed use lies within a
designated Flood Hazard Area as delineated on FIRM Panel Map
#080855C, dated September 28, 1982. Development of the site will
require a Flood Hazard Development Permit.
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f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. Section 22-2-60 (A.Goal 1) of the Weld County Code
states, "Preserve prime farmland for agricultural purposes which foster
the economic health and continuance of agriculture." The site is
identified primarily as "Other" land by the U.S.D.A. Farmlands of National
Importance Map, dated 1979.
g. Section 23-2-230.B.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. Chapter 23, Article IV, Division 4 —Additional requirements for Open
Mining and Batch Plant Operations have been addressed through this
application and the Development Standards will ensure compliance with
the provisions of Chapter 23, Article IV, Division 4, of the Weld County
Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Aggregate Industries West Central Region for a
Site Specific Development Plan and Use by Special Review Permit#1347 for an Open Pit
Gravel Mining Operation and Concrete and Asphalt Batch Plant in the A (Agricultural) Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the 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.
2. Prior to recording the Plat:
A. The applicant shall attempt to address the requirements and concerns of
the Colorado Division of Wildlife regarding wetland mitigation and
preservation, proposed extraction schedule, reclamation, ground water
monitoring and endangered species identification, as stated in the referral
response received July 11, 2001. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
B. The applicant shall apply for, and receive, a Flood Hazard Development
Permit for any development that will increase or decrease the base flood
elevation in the flood plain as delineated on FIRM Community Panel
Map#080855C, dated September 28, 1982. The applicant shall obtain a
Flood Hazard Development Permit for any new structures including
parking areas.
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C. The applicant has indicated that the storm water drainage will be directed
to a detention pond for sedimentation prior to discharge. All discharge
points, and the appropriate routing to the St Vrain River shall be
delineated on the plat and permitted by the State of Colorado. If
applicable, this portion of the permit falls under the jurisdiction of the
State of Colorado as it discharges into waters of the United States.
D. The applicant shall address the requirements of the Colorado Department
of Transportation as stated in the referral response, dated July 18, 2002,
and all plats shall delineate the permit boundary, a minimum of 50 feet
from the Colorado Department of Transportation right-of-way.
E. The applicant shall submit a Landscape and Buffer Plan to the Weld
County Department of Planning Services for review and approval. The
Plan shall address buffering the impact of the proposed use to adjacent
property owners and public rights-of-way.
F. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit Application to the Colorado Department of Health
and Environment, Air Pollution Control Division, for emissions of criteria,
hazardous or odorous air pollutants. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
G. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment for review and approval. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
H. An Individual Sewage Disposal System is required for the proposed
aggregate processing plant, asphalt plant and the concrete plant and
shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado Registered Professional Engineer according
to the Weld County I.S.D.S. Regulations. The installation of the septic
system shall comply with the Weld County I.S.D.S. Flood Plain Policy.
If applicable, a Colorado Discharge Permit System (CDPS) Permit shall
be obtained from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed
discharge into State waterways.
J. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include at a minimum,
the following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
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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).
K. The applicant shall provide evidence to the Departments of Planning
Services and Public Health and Environment that the facility has an
adequate water supply (i.e. commercial well, community system, etc.)
L. The applicant shall submit a letter from the U.S. Department of the
Interior, Fish and Wildlife Services, indicating if surveys will be required
concerning protected or endangered species (i.e. Preble's Jumping
Mouse and Ute Ladies' Tresses Orchid). If a survey is required, the
survey will be conducted and the results submitted to the appropriate
agencies and the Department of Planning Services. Should protected or
endangered species be located on the site, the applicant shall
incorporate mitigation techniques approved by the U.S. Department of
the Interior, Fish and Wildlife Services.
M. The applicant shall provide written evidence of approval from the Division
of Water Resources for the Water Supply Plan for this site.
N. The applicant shall prohibit the use of engine retardant or limiting brakes
(aka "Jake Brakes") within a one (1) mile radius of the entrance/exit of the
mining operation.
O. The applicant shall attempt to address the requirements of the Platteville
Fire Protection District. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. Site drawings shall be
submitted to the Platteville Fire Protection District for review.
P. The Operator shall implement the following groundwater monitoring and
mitigation program to address well impacts potentially caused by the Use
by Special Review activities in the zone of hydrologic influence of the
subject site.
1) Preemptive Measures: The Operator will continuously and
consistently apply the following preemptive measures at the
operation permitted by USR#1347.
a. Through partitioning of mining cells into mining sub-areas,
no more than 40 acres of groundwater surface area will be
exposed or dewatered at any one time. Pit depths will not
exceed 25 feet, limiting the propagation of a cone of
depression.
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b. Concurrent reclamation will reduce exposed area and
prevent delays in completion of reclamation that would
extend periods of dewatering beyond that absolutely
necessary for efficient aggregate mining. The Operator
will not engage in the concurrent mining below
groundwater of two or more mining cells.
c. Timing of mining operations will minimize overlapping
dewatering operations in the vicinity of other sand and
gravel operations. The first Phase of USR #1347 mining
will be at the far northern end of the USR#1347 site, and
Phase 4 dewatering (at the southwest corner) will not be
initiated prior to the cessation of dewatering operations at
USR#1219, immediately across Highway 66.
2) Monitoring Program: The operator will participate in and/or
establish a well monitoring program to effectively determine the
impacts of dewatering on potentially affected well owners.
a. The monitoring program will establish a baseline condition
that identifies seasonal and climatic influences, as well as
the effects of other sand and gravel operations.
b. The monitoring program will be of sufficient extent and
frequency to make reasonable and accurate inferences
about the impacts of dewatering the USR #1347 site (see
attached map showing location of off-site monitoring
wells).
c. Monitoring data will be collected twice a year, in the spring
and fall when irrigation wells are not operating, and the
information collected made available to potentially affected
parties. However, monitoring data will be collected
monthly for the first 24 months of baseline data collection.
Mining shall not begin until at least 24 months of baseline
data has been collected. Monitoring data shall be
collected monthly once mining starts.
d. Aggregate Industries, Inc., will monitor off-site wells of
potentially affected well owners (if the owners wish to
participate in the monitoring program).
e. Where there is a draw-down of more than one (1) foot
below the seasonal low at a potentially impacted well, the
operator will obtain an impartial expert study to determine
the cause of the draw-down. The opinion on the cause of
the impact shall be completed within 30 days of notification
of the operator.
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f. Monitoring wells will be installed, and the monitoring
program will commence, upon approval of county and
state permit applications.
g. Aggregate Industries will install three (3) monitor holes
along the east side of the property and two holes along the
north side of the property at locations that will not interfere
with the mining pit operations but which will be
approximately evenly spaced across the respective sides
of the property.
h. The attached list of large capacity irrigation wells will be
included in the monitoring program.
3) Mitigation Program: The operator will engage in a groundwater
mitigation program that seeks to prevent irreparable injury to
owners of potentially affected wells. Mitigation steps will be taken
based on the recommendations of any report produced under the
monitoring program above, or in case of any emergency that in
fact or is reasonably determined to threaten the availability of
water in potentially affected wells. In successive order, the
following steps will be taken to mitigate groundwater impacts.
The timing and level to which mitigation steps are taken shall
commensurate with the nature of the impact, or potential impacts,
to wells.
a. The operator will further limit the size and timing of
dewatering operations, to reduce draw-down potential.
Seasonal dewatering and stockpiling may be introduced to
the USR#1347 site. The timing of dewatering will be
limited to the non-irrigation season if the groundwater
impacts occur as defined in this plan. The extent of any
dewatered area will be reduced to no more than ten (10)
acres if the groundwater impacts occur as defined in this
plan.
b. The operator will introduce recharge areas, using either
dewatering water or ditch water, or both. Recharge areas
shall be located between dewatering operations and
impacted or potentially impacted wells, and shall be
designed to effectively mitigate draw-down for sustained
periods of time. To the extent practical, Aggregate
Industries will make reasonable efforts to utilize reclaimed
pits from preceding phases of mining as recharge areas.
This will be as an alternative to constructing recharge
trenches in areas between active mining and potentially
affected well owners. If no such reclaimed areas are
available and/or properly located, then recharge trenches
will be installed and operated along the property edge
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between the active mining and the potentially impacted
wells. Recharge trenches will be constructed on the east
side of the property to alleviate impacts to wells east of the
property.
c. The operator will temporarily cease dewatering operations,
using wet mining techniques in an interim period to the
extent that aggregate production continues beneath the
groundwater surface. Cessation of dewatering operations
shall precede injury to wells in all circumstances where
there is a clear trend that would result in damage to wells.
Temporary cessation of dewatering operations is also
appropriate in other circumstances where preemptive
measures and other mitigation techniques have failed to
prevent wells from nearing injuriously low levels.
Temporary cessation of dewatering shall be continued for
at least the length of time necessary to adequately
recharge affected wells or implement other corrective
measures.
d. Aggregate Industries will mine the three small pits at the
north end of the property prior to mining the larger pits to
the south. These small northern pits will be mined during
the non-irrigation season (i.e. October through April) or
recharge trenches will be constructed just north of these
northern pits prior to dewatering. These small pits will be
available for use as recharge areas, if needed, during
dewatering of the larger pits to the south.
e. If the mitigation measures previously listed do not correct
the problem, the operator shall cease dewatering and wet
mine the property until the source of the impact has been
corrected.
4) Responsibility for Mitigation Measures: The operator shall not be
responsible for mitigation measures in any circumstance wholly
caused by an agency external and unrelated to the USR #1347
operation, such as neighboring sand and gravel facilities. Where
the USR-1347 operation is deemed to partially contribute to the
cause of any draw-down, the operator's responsibilities under this
Use by Special Review development standard shall be assessed
equitably. It is the intent of this development standard that the
owner of an impacted well call the operator directly and the
operator will then implement the mitigation strategy.
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3. Prior to Commencing Operations:
A. The off-street parking spaces at the main office parking lot, including the
access drive, shall be surfaced with asphalt, concrete, or equivalent and
shall be graded to prevent drainage problems.
B. Proper Building Permits shall be obtained in accordance with the referral
response from the Weld County Department of Building Inspection, dated
July 6, 2001, prior to any construction, demolition, or excavation. Part of
the permit application process includes a complete plan review.
4. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 2002.
BOARD OF COUNTY C MMISSIONERS
WELD,OUNTY, COLO DO
ATTEST:��� ��'I/" � ,1 L i` ".
e�,` '� Gla�aad, Chair
Weld County Clerk to th 1-2- :?` t (
O
v ___, - David E. Lon„ Pro- em
BY: •. `: •-
Deputy Clerk to the Bo*�;(! n°t
��►� . J. teile
AP D AS O ''/ V/--v
c_- William H. Jerke
unty y EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
/64 Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AGGREGATE INDUSTRIES WEST CENTRAL REGION
USR#1347
1. A Site Specific Development Plan and Use by Special Review Permit#1347 is for an
Open Pit Gravel Mining Operation and Concrete and Asphalt Batch Plant in the A
(Agricultural) Zone District as indicated in the application materials on file and subject to
the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All operations on said described parcel shall be in conformance with the Weld County
Flood Regulations including:
a. No fill, berms, or stockpiles shall be placed in the 100-Year Flood Plain of the St.
Vrain River which would obstruct passage of flood flows.
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.
4. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency (FEMA) including a Letter of Map revision if
determined to be applicable.
5. The facility shall operate in accordance with the approved Dust Control Plan. The
facility shall have sufficient equipment available to implement appropriate dust control.
Additional control measures shall be implemented as required by the Weld County
Health Officer.
6. In the event the facility utilizes the existing structures on the property for commercial
purposes, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. If the system is found to be inadequately
sized or constructed, the system must be brought into compliance with current
regulations.
7. The facility shall provide an adequate water supply for drinking and sanitary purposes.
(i.e. commercial well, community system, etc.)
8. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
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9. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a
spillage retention berm shall be constructed around the tank battery. The volume
retained by the spillage berm should be greater than the volume of the largest tank
inside the berm. Alternative protective measures may be allowed provided they comply
with the Above Ground Storage Tank Regulations.
10. 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.
11. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
12. Fugitive dust shall be controlled on this site.
13. 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.
14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel
from the facility area in a manner that will prevent nuisance conditions.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology.
17. 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.
18. Adequate hand-washing and toilet facilities shall be provided for employees and the
public.
19. The operation shall comply with the Occupational Safety and Health Act (OSHA).
20. The operation shall comply with the Mine Safety and Health Act (MSHA).
21. Portable toilets may be utilized on sites that are temporary locations of the working face
and portable processing equipment, etcetera, for up to six months at each location.
22. Any berm placed in the 100-Year Flood Plain of the St. Vrain River cannot 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.
23. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
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24. 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.
25. The off-street parking spaces at the main office parking lot, including the access drive,
shall be surfaced with asphalt, concrete, or equivalent and shall be graded to prevent
drainage problems.
26. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight except in the case of public or private
emergency, or to make necessary repairs to equipment. This restriction shall not apply
to operation of administrative and executive offices or repair facilities located on the
property. Hours of operation may be extended with specific permission from the Weld
County Board of County Commissioners.
27. 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.
28. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over
the reclaimed areas.
29. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds pursuant to Chapter 15, Articles I and II, of the Weld County Code.
30. A proponent of the project shall notify the Department the Army, Corp of Engineers, for
proper department of the Army permits or changes in permit requirements pursuant to
Section 404 of the Clean Water Act 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
34. 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
35. 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.
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