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Home My WebLink About20022440.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Aggregate Industries Case Number USR 1354 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Planning Commissioner Folsom field check form X 5 Letter to Applicant X 6 Photograph of sign posting X 7 Legal Notifications X 8 Application X 9 Maps X 10 Referral List X 11 Referrals without comment X West Greeley Soil Conservation District, referral received 8-23-2001 Weld County Zoning Compliance, referral received 8-30-2001 Town of LaSalle, referral received 9-13-2001 X Town of Milliken, referral received 9-27-2001 X Referrals with comments X 12 Union Ditch Company, referral received 10-8-2001 13 Union Pacific Railroad Company, referral received 8-23-2001 X 14 Weld County Department of Public Health and Environment, referral X received 8-28-2001 15 State of Colorado, Division of Wildlife, referral received 8-28-2001 X 16 City of Evans, referral received 8-31-2001 X 17 Weld County Department of Public Works, referral received 9-4-2001 X 18 City of Greeley, referral received 9.4-2001 X 19 US Army, Corps of Engineers, referral received 9-5-2001 X 20 Weld County Department of Building Inspection, referral received 9-5- X 2001 EXHIBIT 2002-2440 use 1*735y 21 State of Colorado, Division of Water Resources, referral received 9- X 5-2001 22 Town of Gilcrest, referral received 9-20-2001 X 23 Deeds -Milliken II and Milliken I X 24 Surrounding Property/Mineral Owners X PC Exhibits 25 Letter from Rocky Mountain Consultants (RMC) dated 9-25-2001 X 26 Letter from RMC asking for continuance dated 9-27-2001 X 27 Memorandum from Staff asking for Continuance to 11-20-2001 X 28 Letter from Patina Oil and Gas, dated 10-11-2001 X 29 Letter from Attorney's for HS Gathering, LLC, dated 10-11-2001 X 30 Letter from Arborland Nursery dated 10-15, 2001 X 31 Letter from RMC to Arborland Nursery dated 10-23-2001 X 32 Letter from RMC to Union Ditch Company dated 10-23-2001 X 33 Letter from Savage & Savage to RMC dated 2-28-2001,with X supporting documentation received 10-23-2001 34 Letter from Savage & Savage to Colorado Division of Wildlife dated X 11-1-2001 35 Letter from Savage &Savage to US Fish and Wildlife dated 11-1-2001 X 36 Sign letter from Colorado Division of Wildlife, received via facsimile X 11-13-2001 37 Referral from Division of Minerals and Geology received 11-9-2001 X 38 Facsimile copy of Recorded Deed for Milliken I site, received 11-13- X 2001 39 Electronic mail from CDOT, received 11-14-2001 X 40 Facsimile letter from US Fish and Wildlife received 11-16-2001 X 41 Facsimile letter from RMC received 11-16-2001 X 42 Facsimile letter from UPRR received 11-16-2001 X 43 Facsimile letter from Kerr-McGee received 11-19-2001 X 44 Facsimile letter from RMC to Kammerzell received 11-19-2001 X 45 Facsimile memorandum from RMC received 11-19-2001 X 46 Photocopy of Site Maps, Dwg.# 1, 2, 3, 4, 5 & 6, received 11-19-2001 X 47 Electronic mail of Draft Agreement for Patina Oil & Gas Corporation, X received 11-19-2001 48 Savage 3 pages RE wildlife X I hereby certify that the 48 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Kim Ogle anner III h iD� LANDION SUMMARY SHEET COLORADO Case Number: USR-1354 Hearing Date: October 16, 2001, cont Hearing Date: November 20, 2001 Applicant: Aggregate Industries, West Central Region, Inc. Address: 3605 Teller Street, Lakewood, CO 80235 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including open pit mining and materials processing including a Concrete and Asphalt Batch Plant in the A(Agricultural)Zone District Legal Description: Part of the W2 of Section 8, T4N, R66W; Lot B of RE-1586, being part of the W2 and part of the NW4 of Section 8, T4N, R66W; and parts of Section 4, 5 and 8, T4N, R66W of the 6th P.M., Weld County, Colorado Location: North of Weld County Road 46;east of and adjacent to State Highway 60 and Weld County Road 27.5 Area included in Use by Special Review Size of Parcel: 492.8 +/-acres Area to be Mined: 219.6 +/-acres 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: • West Greeley Soil Conservation District, referral received 8-23-2001 Weld County Zoning Compliance, referral received 8-30-2001 Town of LaSalle, referral received 9-13-2001 • Town of Milliken, referral received 9-27-2001 ▪ State of Colorado, Division of Wildlife, referral received 8-28-2001 b. Weld County Department of Public Works, referral received 9-27-2001 • Town of Gilcrest, referral received 9-20-2001 ▪ Union Pacific Railroad Company, referral received 8-23-2001 • City of Greeley, referral received 9-4-2001 • Weld County Department of Building Inspection, referral received 9-5-2001 Weld County Department of Public Health and Environment, referral received 8-28-2001 • United States Army Corps of Engineers, referral received 9-5-2001 State of Colorado, Division of Water Resources, referral received 9-5-2001 • City of Evans, referral received 9-4-2001 Union Ditch Company, referral received 10-8-2001 State of Colorado, Division of Minerals and Geology, referral received 11-9-2001 US Department of Interior, Fish &Wildlife Service, letter received 11-16-2001 The Department of Planning Services'staff has received unsolicited responses from the following agencies: Patina Oil and Gas Company, received 10-11-2001 • HS Gathering, LLC/Kerr McGee c/o Davis, Graham & Stubbs, LLP received 10-11-2001 The Department of Planning Services'staff has not received responses from the following agencies: Milliken Fire Protection District Platteville Fire Protection District • State of Colorado, Mined Land Reclamation Board • US Environmental Protection Agency PRELIMINARY/Aggregate Industries,Milliken page 2 SPECIAL REVIEW PERMIT f Stara; ADMINISTRATIVE REVIEW 'liRe. COLORADO Planner: Kim Ogle Case Number: USR-1354 Hearing Date: October 16, 2001, cant Hearing Date: November 20, 2001 Applicant: Aggregate Industries, West Central Region, Inc. Address: 3605 Teller Street, Lakewood, CO 80235 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including open pit mining and materials processing including a Concrete and Asphalt Batch Plant in the A (Agricultural)Zone District Legal Description: Part of the W2 of Section 8, T4N, R66W; Lot B of RE-1586, being part of the W2 and part of the NW4 of Section 8, T4N, R66W; and parts of Section 4, 5 and 8, T4N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Weld County Road 46; east of and adjacent to State Highway 60 and Weld County Road 27.5 Area included in Use by Special Review Size of Parcel: 492.8 +/-acres Area to be Mined: 219.6 +/-acres Parcel Numbers: 1057 08 000024, 1057 05 000031, 1057 08 000021, 1057 08 000020, 1057 04 000004 and 1057 04 000006 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 22-5-80.6.1 (CM.Goal 2)states, "Promote the reasonable and orderly development of mineral resources."The proposed use would be compatible with surrounding properties which include the Arborland Nursery to the west, Monfort of Colorado and agricultural lands to the east and south, an elk ranch to the north and several residences agricultural uses surrounding the mining site. The South Platte River is adjacent to the property to the east and the Big Thompson River to the north under Two Rivers Parkway (WCR 27.5). The property to be mined contains no "Prime" agricultural lands, thus, no prime farm land will be taken out of production with this proposal. PRELIMINARY/Aggregate Industries,Milliken page 3 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 a Concrete and Asphalt Batch Plants and Gravel Mining as a Use by Special Review in the A (Agricultural)Zone District. c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The proposal will be compatible with existing surrounding land uses which include agricultural lands with rural residences in the general 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 Chapter22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The surrounding land uses are primarily agriculture, including the Arborland tree nursery and the elk ranch. There are rural residences in the area. To the north is the Union Pacific railroad line and Two Rivers Parkway transecting the property from the southwest to the northeast, to the east and south is agricultural land and the South Platte River including riparian lands. The west is bordered by State Highway 60. The Town of Milliken is approximately one mile to the west of the permit area, with the Town of Gilcrest two miles to the south, the City of Greeley is three miles to the north and the City of Evans and Town of LaSalle are 2-3 miles to the northeast from the permit area. The area to be mined is outside of the Urban Growth Boundary areas for all of these municipalities. The Town of Milliken and Town of LaSalle in referrals received 9-27-2001 and 9-13-2001 respectively stated they had reviewed the request and found no conflict with their interests. The Town of Gilcrest in a referral received 9-20-2001 stated the proposal was outside of the Town's Comprehensive Planning Area, however, they raised concerns over the additional truck traffic and potential hazards associated with this type of facility on the area road network. In a referral dated 8-31-2001, the City of Greeley stated the proposal was outside of their Long Range Expected Growth Area. The City did ask for a Landscape Plan for the Two Rivers Parkway and State Highway 60 road systems. The City of Evans found no conflict with their interests,however,the City did ask for consideration be given fora dedicated bike path/trail adjacent to the river be installed during the reclamation phase of development. Planning Staff concurs 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 of the Weld County Code. The proposal is located within the Flood Hazard Overlay District area as shown on FIRM Community Panel Map#080266-0750C dated September 28, 1982. Conditions of Approval and Development Standards address the issue of the flood plain. Section 22-5- 80.E.2.d (CM.Policy 5.4) states "the operation will comply with the County flood hazard regulations...." Further, Section 22-5-80.8.1 promotes the reasonable and orderly development of mineral resources. f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site has a limited amount of prime agricultural land. A majority of the property lies within the one hundred (100) year flood plain that limits the agricultural productiveness of the site. The area within the flood plain has historically been utilized as pasture land. n PRELIMINARY/Aggregate Industries,Milliken page 4 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. h. Section 23-4-250--Additional requirements for Open-mining have been addressed through this application and the Development Standards will insure compliance with Section 23-4- 250 Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department of Planning Services) 2. Prior to scheduling a Board of County Commissioners hearing: A. Section 22-5-100.Aofthe 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 submit a letter from the United States Department of Interior, Fish and Wildlife Service indicating that Savage and Savage are working with the United States Department of Interior, Fish and Wildlife Service on a mouse mitigation plan for review by the United States Department of Interior, Fish and Wildlife Service (USFWS), to the Department of Planning Services that USFWS has net signed off on the proposed plan. (Department of Planning Services) C. The applicant shall submit a signed copy of an agreement with the Union Ditch Company regarding the requirements and concerns as outlined in their letter dated October 8, 2001, or demonstrate that an adequate attempt has been made to address their concerns. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) Further,the applicant shall provide evidence that the interests and requirements associated with the Big Thompson and Platte River ditch that traverses the property have been resolved to the satisfaction of the ditch company. (Department of Planning Services) D. The applicant shall submit a signed copy of an agreement with the Union Pacific Railway PRELIMINARY/Aggregate Industries,Milliken page 5 Company regarding the requirements and concerns as outlined in their letter dated August 23,2001,and May 18,2001 and September 27,2001. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) E. The applicant shall submit evidence that the requirements and concerns as outlined in Weld County Department of Public Works have been addressed to the satisfaction of this office as outlined in their referral dated September 4, 2001. Evidence shall be submitted to the Weld County Department of Planning Services. (Dept. of Public Works and Planning Services) 3. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) 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) 2) The location of the Bald Eagle roost just downstream of the railroad trestle, along the South Platte River adjacent to the east side of the Permit Boundary. Further, as recommended by the Division of Wildlife in their referral dated August 28,2001 a one quarter mile buffer around the periphery of this roost shall be delineated on the plat if study by Savage and Savage identifies a night roost. Should a night roost not be identified, the plat shall not be amended. (Department of Planning Services, Division of Wildlife) 3) The location of any on-site signs. (Department of Planning Services) 4) The approved Landscape, Screen and Berm Plan. (Department of Planning Services) 5) The applicant should reserve an additional twenty feet of property parallel to Two Rivers Parkway(WCR 27.5)for future build out. Also,the applicant should acquire and dedicate to the County any additional right-of-way needed to accommodate the intersection improvements at Two Rivers Parkway and WCR 396. (Dept.of Public Works) 6) The Permit Boundary for the mining operation shall align itself with the legal descriptions of the parcels noted in the application. (Department of Planning Services) 7) The location of the above grade conveyor utilized to transport the resource from the north side of Weld County Road 396 to the south side of Weld County Road 396 to the processing plant area. (Department of Planning Services) 8) The location of the Kerr-McGee 8-inch natural gas pipeline and any easements or rights-of-way associated with this pipeline. (Department of Planning Services) B. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Public Health and Environment for emissions of criteria, hazardous or odorous air pollutants from the mining operations. C. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. (Department of Public Health and Environment) PRELIMINARY/Aggregate Industries,Milliken page 6 D. If applicable, a CPDS Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the existing buildings represented on the submitted plan. Any existing septic system(s)located within the USR boundary that is not currently permitted through the Weld County Department of Public Health and Environment will require and I.S.D.S. Evaluation prior to issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with I.S.D.S. regulations. (Department of Public Health and Environment) F. 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: A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). A list of the type and volume of chemicals expected to be stored on site. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) G. The applicant shall provide evidence that the facility has an adequate water supply for drinking and sanitary purposes. (Department of Public Health and Environment) H. The applicant shall provide evidence 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 Public Health and Environment)Also Development Standard#21 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 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 of the South Platte River 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 acquire and dedicate to the County any additional right-of-way needed to accommodate the intersection improvements at Two Rivers Parkway and WCR 396. (Dept. of Public Works) K. Two Rivers Parkway (Weld County Road 27.5) is designated as an arterial road, which requires a 100-foot right-of-way at full build out. There is presently a 60-foot right-of-way. A total of fifty(50)feet from the centerline of Two Rivers Parkway(Weld County Road 27.5) shall be delineated on the plat as right-of-way reservation for future expansion of Two Rivers Parkway(Weld County Road 27.5).This road is maintained by Weld County. (Dept. of Public Works) PRELIMINARY/Aggregate Industries,Milliken page 7 L. Weld County Road 396 is designated on the Transportation Plan Map as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. A total of thirty(30)feet from the centerline of Weld County Road 396 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Dept. of Public Works) M. The average daily traffic count(ADT)for Two Rivers Parkway(Weld County Road 27.5)is 3,672 vehicles,taken in a 24-hour period, November 5, 1998. Weld County Road 396 has an ADT of 49 vehicles, taken October 1, 1994. (Dept. of Public Works) N. The mining areas 9 through 12 are located on the north side of Weld County Road 396. The applicant has indicated material will be taken across Weld County Road 396 by conveyor. A detailed drawing of the crossing shall be required. Evidence of approval by the Department of Public Works shall be submitted to the Weld County Department of Planning Services. (Dept. of Public Works) O. All discharge points shall be designated on the plat, and the appropriate routing to the South Platte River or Big Thompson and Platte River ditch shall be indicated as well. (Dept. of Public Works) P. The applicant shall enter into an agreement for the upgrading, widening, and paving of WCR 396 from the pit entrance/scale house west to Two Rivers Parkway(WCR 27.5),and intersection improvements at Two Rivers Parkway(WCR 27.5)and WCR 396. Two Rivers Parkway (WCR 27.5) will be evaluated for structural adequacy by the Public Works Department. A structural overlay may be required due to the heavy hauling generated by the USR. If a structural overlay is needed, it shall be included in the agreement. The applicant shall also enter into an agreement to proportionately share, based on the traffic generated by the USR, in the maintenance of Two Rivers Parkway and WCR 396. (Dept. of Public Works) Q. The applicant shall provide evidence from Union Pacific railroad that the activities associated with mining will not impact the existing rail line that transects the northern property. Further,the applicant shall provide evidence that Union Pacific railroad will permit a spur rail line and loading yard to be constructed adjacent to the existing rail line. Evidence of approval from Union Pacific shall be submitted to the Department of Planning Services. (Dept. of Planning Services) 4. 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 Milliken II Site. B. The applicant shall apply for and be approved for 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 #080266 0750 C, dated September 28, 1982. Including the construction of any structure,including roads and parking areas. (Dept. of Planning Services) C. Proper building permits shall be obtained in accordance with the referral response from the Weld County Building Inspection Department dated September 5, 2001, prior to any construction, demolition, or excavation. Part of the permit application process includes a complete plan review. (Dept. of Building Inspection) D. Site drawings shall be submitted to the Milliken and Platteville-Gilcrest Fire Protection PRELIMINARY/Aggregate Industries,Milliken page 8 District. Evidence of attempt to comply with Fire District requirements shall be submitted to the Weld County Department of Planning Services. (Dept. of Building Inspection) E. The applicant shall submit a letter from the United States Department of Interior, Fish and Wildlife Service indicating that the Savage and Savage mouse mitigation plan for the Permit Boundary has been approved by the United States Department of Interior,Fish and Wildlife Service. (Department of Planning Services) F. The applicant shall provide 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. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) G. The approach to the scale house/parking area for customer's and visitor's parking spaces shall be paved. (Dept. of Public Works) H. The applicant shall locate Kerr-McGee's 8-inch pipeline and take precautionary measures around the pipeline as required. (Department of Planning Services, Kerr-McGee) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) r r PRELIMINARY/Aggregate Industries,Milliken page 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Aggregate Industries, West Central Region, Inc. - Milliken Site I and II USR-1354 1. The Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including open pit mining and materials processing including a 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 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. 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. (Department of Public Health and Environment) 4. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (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. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 8. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. (Department of Public Health and Environment) 9. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 10. Adequate hand washing and toilet facilities shall be provided for the employees and visitors. (Department of Public Health and Environment) 11. The facility shall provide an adequate water supply for drinking and sanitary purposes.(Department of Public Health and Environment) 12. 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) 13. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Department of Public Health and Environment) 14. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Public Health and Environment) PRELIMINARY/Aggregate Industries,Milliken page 10 15. The operation shall comply with all applicable rule and regulations of the Colorado Division of Minerals and Geology. (Department of Public Health and Environment) 16. Portable toilets may be utilized on sites which 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) 17. In the event that five (5) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 18. 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 River which would obstruct passage of flood flows. (Dept. 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. (Dept. of Public Health and Environment) 19. In accordance with the Above Ground Storage Tank Regulations (7CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater that 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. (Dept. of Public Health and Environment) 20. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission,and the Environmental Protection Agency. (Department of Public Health and Environment) 21. 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. (Dept. of Planning Services) 22. "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. (Dept. of Planning Services) 23. 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. (Dept. of Planning Services) 24. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Dept. of Planning Services) 25. 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. (Dept. of Planning Services) PRELIMINARY/Aggregate Industries,Milliken page 11 26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Dept. of Planning Services) 27. 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. (Dept. of Public Works) 28. The plant material on site shall be maintained in accordance with the approved weed eradication plan. (Dept. of Planning Services) 29. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project,either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site,the Department of the Army,Corp of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Army Corps of Engineers) 30. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project,either temporary or permanent,in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site,the Department of the Army,Corp of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Army Corps of Engineers) 31. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 32. No mining shall occur during the months of November(14)through March (16)within the 1/4 mile radius of the Bald Eagle roost as delineated in the referral from the Colorado Division of Wildlife dated August 28,2001. This standard is applicable only if a night roost is identified from the Savage and Savage study. (Dept. of Planning Services, Colorado Division of Wildlife) 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 34. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 35. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 36. Personnel from the Weld County Departments of Public Health and Environment, Dcpert,,n,,,t of Public Works 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. 37. 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. 38. 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 REVISED USR 1306/Platte Sand&Gravel page 12 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) 39. 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. PRELIMINARY/Aggregate Industries,Milliken page 13 APPLICATION FLOW SHEET ,e, Wilk COLORADO APPLICANT: Aggregate Industries, WCR, Inc. CASE#: USR 1354 REQUEST: SSDP &SRP for Open Pit Mining and materials processing including a concrete and asphalt batch plat in the Agricultural Zone District LEGAL: Lot B of RE 1586 being part W2 and part of the NW4 NE4 of Section 8 Township 4 North, Range 66 West, and Parts of Section 4, 5 and 8, Township 4 North, Range 66 West LOCATION: North of and adjacent to WCR 46; east of and adjacent to SH 60 and WCR 27.5 PARCEL ID #:1057 08 000024, ...08 000020 & ...08 000021, 1507 05 000031, 1507 04 000004 & ... 04 000006 ACRES: 205.2+/-acres DATE BY Application Received 08-13-2001 Lockman Application Complete 08-13-2001 ko PC Hearing Date: 10/16 Action:i .tea lvcA 10-16-2001 ko Utility Board Date: 0,/U PC Sign to be Posted By: 10-05-2001 ko PC Sign Posted 10-3 —O 1 Referrals Listed File Assembled 8,114-01 3,11 Referrals Mailed E;.14,01 `?/;3,1,1 Chaindexed Letter to Applicant Mailed S,I t4.CI Date Public Notice Published in County Newspaper C{ G I tAa Surrounding Property& Mineral Owners Notified .14. 0I tt1A Planning Technician Maps Prepared 8--//XXI/ Field Check by DPS Staff 13 -5 -6 I k , Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case It -2-4 -vi V M Case Sent to Clerk to the Board $— 12 —o L 'W CC Hearing: Action: CC Sign to be Posted By: CC Sign Posted Plat and/or Resolution Recorded Recorded on Maps and filed Overlay Districts Road Impact Fee Area: NO Zoning Ag-Other/Irrigated Not Prime Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes X No Panel#080266 0750 C rile\ DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 WI`P • FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 14, 2001 Aggregate Industries West Central Region, Inc. 3605 South Teller Street Lakewood, CO 80235 Subject: USR-1354- Request for a Site Specific Development Plan and Special Review Permit for Open Pit Mining and Materials Processing, including a Concrete and Asphalt Batch Plant, on a parcel of land described as Lot B of RE-1586, being part of the W2 and part of the NW4 of Section 8, T4N, R66W; and parts of Section 4, 5, 8, T4N, R66W of the 6th P.M., Weld County, Colorado. To Whom It May Concern: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 16, 2001, at 1:30 p.m. This meeting will take place in Room 210,Weld County Planning Department, 1555 N. 17th Avenue, 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 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 Evans,Gilcrest,Greeley,LaSalle and Milliken Planning Commissions for their review and comments. Please call Evans at (970) 339-5344, Gilcrest at(970)737-2426,Greeley at(970)350-9800, LaSalle at(970)284-6931, and Milliken at(970)587- 4331 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Evans, Gilcrest, Greeley, LaSalle and Milliken Planning Commission meetings 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. Respectfully, Kim Og Planner EXHIBIT r x1�£ f , CAS, NAME • APUBLIi ...G"HIS PROPERTY hr E.'LJ AT :555 NORTH j 17th AVE.GREELE✓ COLORADO 60631. ON X14 20OI AT l ... ��. FOR MORE INFORMATION CALL THE WELD COUNTY DEPT OF PLANNING SERVICES AT(970)3536100 EXT.3540. EXHIBIT r-. FIELD CHECK inspection date: October 5, 2000 CASE NUMBER: USR 1354 - Milliken I and Milliken II Sites APPLICANT: Aggregate Industries, West Central Region LEGAL DESCRIPTION: Part of the W2 of Section 8, T4N, R66W; Lot B of RE-1586, being part of the W2 and part of the NW4 of Section 8, T4N, R66W; and parts of Section 4, 5 and 8, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 46; east of and adjacent to State Highway 60 and Weld County Road 27.5 Zonina Land Use N A (Agricultural) N UPRR track, bottom lands, Big Thompson R., cropland E A (Agricultural) E Sheep Farm, Corn S A (Agricultural) S Rural Residential, Ag land, River W A (Agricultural) W Arborland Nursery, Agricultural lands, slope away from SH 60 COMMENTS: • Majority of site in corn with bottomland area in floodplain vegetation including cottonwood >^ groves, Low land areas wooded with riparian vegetation and native grasses. Numerous Patina/ Kerr McGee Oil and Gas Facilities Original farmstead and outbuildings is fenced with corrals, presently vacant Buildings at this location old, deteriorating, still standing Residence appears to be lived in, unconfirmed Corrals are overgrown with noxious weeds and native grasses, two horses visible Residence described above is within limits of USR Residence in outlot area is single family structure with outbuildings Visual investigation identifies large piles of limbs, twigs and bucked logs NCJY? OH transmission line -4 wire south of and adjacent to WCR 46.75 Electric and Telephone lines east of SH 60 UPRR line transects property southwest to northeast, single line track Access to property -- Oil and Gas accesses, gated and locked at SH 60 &WCR 46 Farm access from SH 60 Farm access, across railroad line into property from WCR 46.75 SH 60 -two lane paved road posted speed limit 65 WCR 46.75 -two lane paved road posted speed limit 45 WCR 46 two lane paved road posted speed limit 45 Kim Ogle, ' anne III EXHIBIT Hello