HomeMy WebLinkAbout20022439.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution, along with the changes to 3A(3), addition of
language in 3A(10), and changes to Development Standards#32, #38 and addition on#22, be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
Case Number: USR-1354
Planner: Kim Ogle
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 pad
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
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.B.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.
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.
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2002-2439
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RESOLUTION, USR-1354
Aggregate Industries
Page 2
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 for a 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.
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.
RESOLUTION, USR-1354
Aggregate Industries
Page 3
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 Planning Commissions' 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.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.6 of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." 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 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 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
Company regarding the requirements and concerns as outlined in their letter dated August
23, 2001, 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)
RESOLUTION, USR-1354
Aggregate Industries
Page 4
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. If a bald eagle night roost is identified in the study by Savage and Savage, any
buffer established by the U.S. Fish and Wildlife Service shall be delineated on the
plat.
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)
9. The locations of the flow lines, pipelines,wells,the well heads, production sites for
Patina Oil and Gas.
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.
The site shall operate in accordance with all applicable rules and regulations of the Air
Pollution Control Division. (Department of Public Health and Environment)
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RESOLUTION, USR-1354
Aggregate Industries
Page 5
C. 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)
D. 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)
E. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
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)
F. The applicant shall provide evidence that the facility has an adequate water supply for
drinking and sanitary purposes. (Department of Public Health and Environment)
G. 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)
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)
RESOLUTION, USR-1354
Aggregate Industries
Page 6
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)
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)
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)
L. 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)
M. 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)
N. 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)
O. 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.
RESOLUTION, USR-1354
Aggregate Industries
Page 7
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
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 forthe 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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Fred Walker
Stephan Mokray
John Folsom
Bruce Fitzgerald
RESOLUTION, USR-1354
Aggregate Industries
Page 8
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 20, 2001.
Dated the 201h of November, 2001.
Voneen Macklin
Secretary
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
e"^ and Environment)
RESOLUTION, USR-1354
Aggregate Industries
Page 2
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.
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. Trucks will be tarped immediately upon exiting the plant processing area.
22. 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)
23. "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)
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. (Dept. of Planning Services)
25. Section 23-4-290.6 of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment. Hours of operation may be extended with specific permission from
the Weld County Board of County Commissioners. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities located on the property.
(Dept. of Planning Services)
RESOLUTION, USR-1354
Aggregate Industries
Page 3
26. 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)
27. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Dept. of Planning Services)
28. 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)
29. The plant material on site shall be maintained in accordance with the approved weed eradication
plan. (Dept. of Planning Services)
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. If a bald eagle roost is identified within the permit area during the survey by Savage and Savage,
mitigation measures will be developed by the proponent and approved by the US Fish and Wildlife
Service and implemented prior to mining within buffer zone established by the US Fish and Wildlife
Service.
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,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.
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RESOLUTION, USR-1354
Aggregate Industries
Page 4
38. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has
not commenced within three years from the date of approval or is discontinued for a period of three
(3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative
hearing to consider whether to grant an extension of time to commence the use or revoke the Use
by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use
by Special Review. (Department of Planning Services)
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.
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