HomeMy WebLinkAbout20050279.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant L.G. Everist, Inc., Ft. Lupton Case Number AmUSR 1255
Sand & Gravel Mine
Submitted or Prepared
Prior to At Hearing
Hearing
-4— Pla ni p Cnmmicsinn Resoiuti0n
2 Staff Comments X
• Department of Planning Services field check form X
Planning Commissioner Fitzgerald field check form X
Letter(s)to Applicant X
Photograph of sign posting X X
Legal Notifications X
3 Application X
Maps X
` 4 Referral List X
Referrals without comment
5 Weld County Code Enforcement, referral received 9.30-2004 X
Fort Lupton Fire Protection District, referral received 10.01-2004 X
Referrals with comments
6 State of Colorado, Division of Water Resources, referral received 10-6- X
2004, 11-02-2004
\ 7 City of Fort Lupton, referral received 10-06-2004, Minutes received 12-2- X
2004
8 Platte Valley Soil Conservation District, referral received 10-07-2004 X
` 9 Weld County Department of Public Works, referral received 10-11-2004 X
10 State of Colorado, Department of Transportation, referral received 10- X
14-2004, 11-10-2004
11 Division of Minerals and Geology, referral received 10-12-2004 X
• 12 State of Colorado, Department of Transportation, referral received 10- X
14-2004, 11-10-2004
• 13 US Army Corps of Engineers, referral received 10-15-2004, No Date X
• 14 US Army Corps of Engineers, referral received 10-15-2004, No Date X
15 State of Colorado,Water Conservation Board, referral received 10-29- X
2004
. EXHIBIT
2005-0279 1
16 US Fish and Wildlife Service, referral received 10-26-2004
• 17 State of Colorado, Division of Water Resources, referral received 10-6-
2004, 11-02.2004
• 18 Weld County Department of Public Health and Environment, referral
received 11-02-2004, 11-03-2004
19 Weld County Department of Public Health and Environment, referral
received 11-02-2004, 11-03-2004
20 Colorado Division of Wildlife, referral received 11-28-2004
v 21 Weld County Sheriff's Office, referral received 11.28-2004
PC Exhibits
22 Letter of Opposition from Ross Bachofer,dated 10-29-2004
I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Kim Ogle 6+ anner
Atvjrni WILANDnC, APPLICATION
SUMMARY SHEET
COLORADO
Case No.: AmUSR-1255 Hearing Date: December 21, 2004
Applicant: L.G. Everist, Inc., Ft. Lupton Sand & Gravel Mine
Address: do Banks & Gesso LLC, 720 Kipling Street Suite 117; Lakewood, CO 80215
Request: Amended Site Specific Development Plan and 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: Lot 1, 2, 3, and 4 N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67 platted
as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld County,
Colorado.
Location: South of and adjacent to CR 18 and 1/2 mile west of State Highway 85.
Area included in Use by Special Review
Parcel Size: 212 +/- acres; Area to be Mined: 165 +/- 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:
• Weld County Code Enforcement, referral received 9-30-2004
• Fort Lupton Fire Protection District, referral received 10-01-2004
• City of Fort Lupton, referral received 10-06-2004, Minutes received 12-2-2004
• State of Colorado, Division of Water Resources, referral received 10-6-2004, 11-02-2004
• Platte Valley Soil Conservation District, referral received 10-07-2004
• Weld County Department of Public Works, referral received 10-11-2004
• Division of Minerals and Geology, referral received 10-12-2004
• State of Colorado,Department of Transportation, referral received 10-14-2004, 11-10-2004
• US Army Corps of Engineers, referral received 10-15-2004, No Date
• US Fish and Wildlife Service, referral received 10-26-2004
• State of Colorado, Water Conservation Board, referral received 10-29-2004
• Weld County Department of Building Inspection, referral received 11-01-2004
• Weld County Department of Public Health and Environment, referral received 11-02-2004,
11-03-2004
• Colorado Division of Wildlife, referral received 11-28-2004
• Weld County Sheriffs Office, referral received 11-28-2004
EXHIBIT
AmUSR-1255, L.G. Everist Fort Lupton Mine, Page 1
The Department of Planning Services' staff has not received responses from the following
agencies:
• Colorado Natural Heritage
• Duke Energy
• Federal Emergency Management Agency
• Kerr-McKee Rocky Mountain Corporation
• State of Colorado, Geologic Survey, Natural Resources Division
• State of Colorado, Historical Society
• TOP Operating
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 2
1 at
SPECIAL REVIEW RPERMIT
REVIEW
�' 1 ADMINISTRATIVE REVIEW
IRk.
COLORADO
Planner: Kim Ogle
Case No.: AmUSR-1255 Hearing Date: December 21, 2004
Applicant: L.G. Everist, Inc., Ft. Lupton Sand & Gravel Mine
Address: c/o Banks & Gesso LLC, 720 Kipling Street Suite 117; Lakewood, CO 80215
Request: Amended Site Specific Development Plan and 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: Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67 platted
as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld County,
Colorado.
Location: South of and adjacent to CR 18 and 1/2 mile west of State Highway 85.
Area included in Use by Special Review
Parcel Size: 212 +/- acres; Area to be Mined: 165 +/- acres
Parcel 1311 25 002002; 1309 30 000075; 1309 30 000076; 1309 30 000002;
Number: 1309 30 000070; 1309 30 000073; 1309 30 000074; 1309 30 000051;
1309 30 000068
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-
2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinances in effect. Section 22-5-80.A (CM
Goal 1)states: "Conserve lands which provide valuable natural mineral deposits for
potential future use in accordance with state law." The amendment area contains
a valuable sand and gravel deposit. Permitting of this site for this use will ensure
that material is available to meet future needs. Further, Section 22-5-70.A states
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 3
"The County recognizes that mineral resource extraction is an essential industry.
The availability and cost of materials, such as sand and gravel, have an economic
affect on the general construction and highway construction industry." Further, the
applicant states that the "County's annual growth rate over the last ten years
averaged 3.6 percent, with total growth from 1993 to 2003 at 42.2 percent.
Population estimates for Weld County predict an average of three percent growth
for the next ten years."
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly
development of mineral resources." The amendment proposes to mine the
additional lands as existing mineral reserves are depleted.
Section 22-5-80.C (CM Goal 3) states: "Minimize the impacts of surface mining
activities on surrounding land uses, roads and highways." The applicant states
there will be no change in the permitted truck count or average production rate, and
therefore no additional impacts on surrounding lands and roads, other than a
change in the access location. The access location change will be accompanied
by road improvements equal to the impact of such change between the Applicant
and Weld County Public Works. The referral received from the Department of
Public Works dated October 10, 2004, states "The applicant shall enter into a new
road maintenance and improvements agreement with the Weld County Department
of Public Works for the additional safety improvements to the designated haul route
associated with County Road 18 and US Highway 85."
Further, the Department of Public Works states "...additional off-site safety
improvements include: roadway alignment at both approaches to Bridge 18/25B
which is the small bridge crossing directly west of US Highway 85 and a right turn
lane (free right) onto the acceleration lane at US Highway 85 to accommodate
heavy hauling associated with the sand and gravel mining on the haul route."
The applicant has submitted by a traffic study by LSC Transportation Consultants,
Inc., dated May 2000. The traffic study indicates that the proposed expansion
would generate the same amount of traffic,approximately 162 vehicles entering and
162 exiting including 40 passenger vehicles and pick-up trips. The proposed
amendment to the USR is to add additional acreage. The applicant indicated no
change in the number of vehicle trops. There will be no increase in truck traffic or
average production (500,000 tons per year.
Section 22-5-80.D (CM Goal 4) states "Minimize the impacts of surface mining
activities on surrounding land uses, roads and highways." The applicant states
there will be no change in the number or type of processing equipment, or in the
average production rate. The plant and processing areas will continue to be
setback from County Roads and will be partially screened through the use of
earthen berms and vegetation.
Section 22-5-80.F (CM Goal 6) states: "The extraction of mineral resources should
conserve the land and minimize the impact on surrounding land." The applicant
states that final reclamation will begin within one year of completion of mining
activities in any given phase, with seeding and planting completed during the
appropriate time of year. The proposed reclaimed landform creates five lined water
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 4
storage reservoirs, that will be of benefit to County citizens.
Colorado State Statute § 34-1-305 addresses the preservation of commercial
mineral deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of
any city and county, city,or town, or other governmental authority which has
control over zoning shall, by zoning, rezoning, granting a variance, or other
official action or inaction, permit the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its
jurisdiction, no board of county commissioners, governing body of any city
and county, city, or town, or other governmental authority which has control
over zoning shall, by zoning, rezoning, granting a variance, or other official
action or inaction, permit the use of any area containing a commercial
mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extractor."
(3) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or
any other governmental authority which has control over zoning from zoning
or rezoning land to permit a certain use, if said use does not permit erection
of permanent structures upon, or otherwise permanently preclude the
extraction of commercial mineral deposits by an extractor from, land subject
to said use."
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or
other governmental authority which has control over zoning from zoning for
agricultural use, only, land not otherwise zoned on July 1, 1973."
(5) "Nothing in this section shall be construed to prohibit a use of zoned land
permissible under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or
any other governmental authority from acquiring property known to contain
a commercial mineral deposit and using said property for a public purpose;
except that such use shall not permit erection of permanent structures which
would preclude permanently the extraction of commercial mineral deposits."
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.A and Section 23-3-40.A.4 of the Weld
County Code provides for Mineral Resource Development facilities; including open
pit mining and materials processing; including a Concrete and Asphalt Batch Plant
as a Use by Special Review in the A (Agricultural) Zone District.
AmUSR-1255,L.G.Everist Fart Lupton Mine,Page 5
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Surrounding land uses are residential and
agricultural. There are existing buildings on the parcel, including several single
family residences and outbuildings, additionally, there are oil and gas wells, tanks,
and appurtenances that will not be impacted by the mining activities. Existing single
family dwellings that may be impacted by the proposed mining activities are to be
relocated to other parcels of land outside of this mining application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities.
Existing land uses surrounding the property are typically agricultural and rural
residential in use. Additionally, there are four County permitted sand and gravel
mines, in addition to the applicant's Fort Lupton Sand and Gravel facility located
within two miles of the amendment area. Weld County has two facility's — Koenig
and Bearson mines; the Heit Mine and NCCI's Zadel Mine. The proposed mining
and reclamation plans for water storage have been designed to be compatible with
the existing surrounding and approved future land uses.
State Highway 85 is approximately 0.5 mile to the east. Little Dry Creek traverses
the western edge of the amendment site,with the Lupton Bottom Ditch bisecting the
amendment and existing mine site and the South Platte River serves as the eastern
property extent. The City of Fort Lupton is within the three mile referral area and
is approximately 0.5 miles to the south of the permit area. The amendment and
existing site are outside of the Intergovernmental Agreement Area as evidenced by
the Notice of Inquiry form submitted with this application.
The City of Fort Lupton, in a letter dated October 6, 2004 stated that the Fort Lupton
Planning Commission was to review this case on October 12, 2004 at 7:00 PM.
Staff received the October 12, 2004 Meeting Minutes which state "... we have
reviewed the request and find no conflicts with our interest..."
Planning Staff believes that, with the endorsement of the Conditions of Approval,
contained in this recommendation, the approval of this use will not jeopardize the
health, safety and welfare of the surrounding property owners.
E. Section 23-2-220.A.5--The application complies with Section 23-5-200 of the Weld
County Code. The proposal is located within the Flood Hazard Overlay District area
as delineated on FIRM Community Panel Map #080266-0868C dated September
28, 1982. The applicant will be required to amend their existing Flood Hazard
Development Permit #355 to address the proposed uses associated with this
amendment.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The parcel
is designated as"Other"and "Irrigated Land (Not Prime)". No lands associated with
AmUSR-1255,L .Everist Fort Lupton Mine,Page 6
this amendment are identified as "Prime" agricultural land. Much of the property is
located within the 100 year flood plain thus limiting the agricultural productiveness
of the site. The area has historically been utilized as pastureland.
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 ensure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and
production should occur in a manner which minimizes the impact to agricultural
uses and the environment and reduces the conflicts between mineral development
and current and future surface uses." Section 22-5-100.A.1 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.A.2 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."
Tetra Tech RMC, submitted a Slope Stability Analysis to address the
accommodation of oil and gas operations and other appurtenances. The
engineering study discusses the element of stability of the mining operation. This
information indicated that mining could take place up 80 feet from structures
including oil and gas facilities without endangering the stability of those structures.
The information does not address the area required by the oil and gas operator to
service the existing wells and facilities. It also does not address the possibility or
likelihood of future well sites. Instead it proposes that no mining occur within 80 feet
of the oil and gas structures until a service agreement is reached.
The concern is that there is a lack of information that existing and future oil and gas
operations have been adequately accommodated in the absence of these
agreements. Information should be developed which would indicate how the wells
and facilities will be protected in the event no agreement is reached. This should
include a discussion by someone with appropriate expertise in the oil and gas
industry of the area necessary to operate around the facilities, the likelihood that
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 7
additional sites can be drilled under current well and gas commission rules, and, if
likely, the manner in which this future use has been accommodated.
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. Environmental Health Services has reviewed this proposal for a mining and
materials processing. Environmental Health has no objections to the proposal,
however, in reviewing the application Environmental Health has observed that the
applicant did not address potable water use for employees and visitors. The original
application allowed bottled water. Environmental Health does not believe that
bottled water is an adequate source of water for this type of operation. The facility
plans to operate at this location for 27 to 37 years and will employ 11 individuals,
thus Environmental Health Services believes a permanent, potable water source,
i.e. well, community water system is appropriate to serve the sanitary needs of the
employees and visitors to the facility. The applicant shall provide evidence of an
adequate permanent water supply to the Department of Public Health and
Environment and Department of Planning Services. (Department of Public Health
and Environment)
2.. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
2. All sheets shall be labeled AmUSR-1255(Department of Planning Services)
3. The Development Standards associated with this application. (Department
of Planning Services)
4. A minimum of ten (10) feet of clearance from any existing power line or
future power line shall be maintained at all times as outlined by State
Statute. (Department of Planning Services)
5. The location of any on-site signs. (Department of Planning Services)
6. The approved Landscape, Screen and Buffering Plan. (Department of
Planning Services)
7. 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)
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 8
8. County Road 18 is designated on the Weld County Road Classification Plan
as a collector status road,which requires an 80-foot right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 40 feet from the
centerline of County Road 18. shall be delineated right-of-way reservation
for future expansion of County Road 18. This road is maintained by Weld
County. (Department of Public Works)
9. The materials utilized in the Landscape, Screening and Buffering Plan shall
be delineated on a screened mylar of the Extraction Plan Map and all plant
materials shall be identified on said drawing. This document shall be
prepared for recording. (Department of Planning Services)
10. The applicant shall delineate all right-of-way and easements associated with
the Lupton Bottom Ditch. (Department of Planning Services)
11. The 200-300 foot setback from the tree line located west of the South Platte
River riparian corridor in the area identified as the "Golden Pit" on the
applicant's map. (Colorado Division of Wildlife)
12. The recommended fifty(50)foot setback from Little Dry Creeks jurisdictional
wetlands, east of the creek as stated in the Division of wildlife's referral.
(Colorado Division of Wildlife)
B. The applicant shall provide evidence to the Department of Planning Services that
the recommendations submitted by the Platte Valley Soil Conservation District,
specific to vegetation species and seed distribution rate, for all overburden piles,
revegetation areas and newly planted areas, have been incorporated into their
Landscape Screening and Buffering Plan. (Platte Valley Soil Conservation District,
Department of Planning Services)
C. The applicant shall amend the existing Emission Permit for the modification in the
operation if the Air Pollution Control Division (APCD) of the Colorado Department
of Health and Environment determines that such a modification represents a
significant change in emissions or production. Alternately,the applicant can provide
evidence from CDPH&E that they are not subject to these requirements. The
applicant shall provide evidence to the Department of Planning Services of such.
(Department of Public Health and Environment)
D. The applicant shall amend the existing Colorado Discharge Permit System (CDPS)
permit if the Water Quality Control Division (WQCD) of the Colorado Department
of Public Health & Environment determines that the modification in use represents
a change in the discharge. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements. The applicant shall provide
evidence to the Department of Planning Services of such.(Department of Public
Health and Environment)
E. The applicant shall provide current evidence that the facility has an adequate water
supply (i.e., well or community water system). (Department of Public Health and
Environment)
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 9
F. All septic systems located on the property shall have appropriate permits from the
Weld County Department of Public Health & Environment (WCDPH&E). The
Environmental Health Services(EHS)of the WCDPH&E was unable to locate septic
permits for septic systems serving the existing residences on this site. If the
residence(s) on the site are to be removed, the septic system(s) must be properly
abandoned. If the residences are to remain, and are not currently permitted, an
Individual Sewage Disposal System (I.S.D.S.) Evaluation by the EHS of the
WCDPH&E shall be required. In the event the system(s)is found to be inadequate,
the system(s) must be brought into compliance with current I.S.D.S. regulations.
The applicant shall provide evidence to the Department of Planning Services of
such. (Department of Public Health and Environment)
G. The applicant shall submit evidence of an Aboveground Storage Tank permit from
the Colorado Department of Labor and Employment (CDL&E), Oil Inspection
Section for any aboveground storage tanks located on the site. Alternately, the
applicant can provide evidence from the (CDL&E), Oil Inspection Section that they
are not subject to these requirements. The applicant shall provide evidence to the
Department of Planning Services of such. (Department of Public Health and
Environment)
H. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. The applicant shall provide evidence to the Department of Planning
Services of such. (Department of Public Health and Environment)
The applicant shall submit a waste handling plan,for approval,to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). The applicant shall provide
evidence to the Department of Planning Services of such. (Department of
Public Health and Environment)
J. In a referral received July 21, 2003, the Office of the State Engineer states " Based
on the submitted information it appears that the Gravel Mining operation will cause
depletions to the South Platte River due to evaporative losses from exposed
groundwater and operational losses." The applicant shall provide written evidence
to the Department of Planning Services that a Temporary Substitute Water Supply
Plan or Court approved augmentation plan has been obtained to replace depletions
caused by the operation. (Department of Planning Services, Office of the State
Engineer)
AmUSR-1255,L .Everist Fort Lupton Mine,Page 10
K. In a referral received July 21, 2003, the Office of the State Engineer states " the
plan states that three wells located on the property will be used within the gravel
mining operation. If the wells do not qualify under 37-92-602(c) C.R.S., as
commercial exempt, all depletions from the wells must be covered by a Temporary
Substitute Water Supply Plan or Court approved augmentation plan. The wells
must be repermitted pursuant to the Temporary Substitute Water Supply Plan,court
approved augmentation plan or as an commercial exempt well.
The applicant shall provide written evidence from the State of Colorado, Office of
the State Engineer, Division of Water Resources that a valid Temporary Substitute
Water Supply Plan (SWSP) permit is in their possession. for this amendment. The
State Engineer's Office in their referral dated October 26, 2004 states the site
currently has a valid SWSP approved by the State Engineer's Office, however, any
expansion or change of use from what is approved in the SWSP would require a
new SWSP and well permit. (State Engineer's Office, Department of Planning
Services)
L. The applicant shall provide evidence to the Department of Public Health &
Environment that any vehicle washing area will be designed and constructed to
capture all effluent and prevent any discharges from drum washing and the washing
of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission and the Environmental Protection Agency. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
M. The applicant shall submit a Landscape Plan identifying the number, size and
species of all plant material to the Department of Planning Services for review and
approval. This plan shall include specifications of any proposed berm's, if required.
The proposed berm's will be extended to mitigate impacts to surrounding properties
and adjacent road rights-of-way. Any berm placed in the one hundred (100) year
flood plain 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)
N. The applicant shall enter into a Road Maintenance and Improvements Agreement
for the designated haul route and all intersection improvements. The applicant shall
also address all transportation and non-transportation improvements associated
with this application. (Department of Public Works, Department of Planning
Services)
O. The applicant shall amend their existing Flood Hazard Development Permit number
FHDP-355 to include improvements to the additional property. (Department of
Planning Services)
3. 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
AmUSR-1255,L.G.Evenst Fort Lupton Mine,Page 11
extraction of construction materials and reclamation of said lands identified as the
Fort Lupton Sand and Gravel Mine Site. (Department of Planning Services)
B. The Scale House area and approach roads will be paved for the first one hundred
(100) feet adjacent to County Road 18 for the future access points for locations
identified as"B"and"C". The approach roads shall have adequate turning radiuses
and shall be at least a minimum of twenty-four (24) feet in width to accommodate
two-way traffic. (Department of Public Works)
C. An individual sewage disposal system is required when the scale house is relocated
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
D. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
E. Proper building permits shall be obtained in accordance with the Weld County
Building Inspection Department,prior to any construction,demolition,or excavation.
Part of the permit application process includes a complete plan review. (Department
of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 12
AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. Everist - Fort Lupton Sand and Gravel
AmUSR-1255
1. The Amended Site Specific Development Plan and 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. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
A. No fill, berms, or stockpiles shall be placed in the one hundred (100)year flood plain
of the South Platte which would obstruct passage of flood flows. (Department of
Planning Services)
B. All fuel tanks, septic tanks,temporary buildings,and any other hazardous items that
might wash away during flooding shall be securely anchored and adequately flood
proofed to avoid creation of a health hazard. Following completion of mining, all
temporary buildings shall be removed. (Department of Planning Services)
4. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
Public Health and Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department
of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 13
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of
the facility. (Department of Public Health and Environment)
10. 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)
11. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain
policy. (Department of Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems(Department of Public
Health and Environment)
13. An individual sewage disposal system is required when the scale house is relocated and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved dust abatement plan at all times. The
facility shall have sufficient equipment available to implement dust control as required by
the Weld County Department of Public Health and Environment. (Department of Public
Health and Environment)
16. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7CCR 1101-14). (Department of Public Health and
Environment)
17. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division.(Department
of Public Health and Environment)
18. Portable toilets may be utilized on sites which are temporary locations of the working face
and portable processing equipment, etcetera, for up to six months at each location.
(Department of Public Health and Environment)
19. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health and Environment)
20. The site shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology. (Department of Public Health and Environment)
AmUSR-1255,L .Everist Fort Lupton Mine,Page 14
22. At the completion of mining the access road shall be restored to its existing state and be
reseeded, eliminating multiple accesses onto the Weld County collector status system.
(Department of Public Works)
23. Should noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180, Articles I and II. (Department of Public
Works)
24. Each phase will be graded separately to direct storm water run-off to the dewatering
trenches and discharge to the river. Process and storm water will be discharged under
valid Colorado Department of Public Health and Environment(CDPHD)water q uality control
division discharge permit. The appropriate permit should be coordinated with the State or
the local government. (Department of Public Works)
25. Proper building permits shall be obtained prior to any construction, demolition, or
excavation. Part of the permit application process includes a complete plan review.
(Department of Building Inspection)
26. Permits are required for all electrical work including electrical services for dewatering
pumps, rock crushers,construction trailers,site lighting,et cetera. (Department of Building
Inspection)
27. All excavation shall meet the requirements of the International Building Code and
stormwater drainage design and technical data. (Appropriate Colorado State and County
agencies should be consulted for additional regulations or requirements.) (Departments
of Building Inspection, Planning Services)
28. Drawings for any building or related projects shall be submitted to the appropriate fire
district. (Department of Planning Services)
29. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department,the Fire District,or other
State agencies. (Department of Planning Services)
30. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may
wash away during flooding, shall be securely anchored and adequately flood-proofed to
avoid creation of a flood hazard. (Department of Planning Services)
31. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas. (Department of Planning Services)
32. If any work associated with this project requires the placement of dredged or fill material,
and any excavation associated with a dredged or fill project,either temporary or permanent,
in waters of the United States which may include streams, open water lakes, ponds or
wetlands at this location,the applicant shall obtain a Department of Army,404 Clean Water
Act permit. (Department of Planning Services)
USR-1436,Premier Paving-Adams Site,Page 15
33. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency. (Department of
Planning Services)
34. All gravel trucks transporting materials out of the area on county roads shall ensure that
their loads are covered, thus reducing loose materials on the roadway and the amount of
damage to vehicles. (Department of Planning Services)
35. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency including a Letter of Map revision if determined to be
applicable. (Department of Planning Services)
36. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points
of ingress and egress to clearly identify the boundaries of the site. (Department of Planning
Services)
37. Lighting provided for security and emergency night operation on the site shall be designed
so that the lighting will not adversely affect surrounding property owners. (Department of
Planning Services)
38. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light, Monday through Saturday, except in the case
of 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. (Department of Planning
Services)
39. 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. (Department of Planning
Services)
40. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Department of Planning Services)
41. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off. (Department of Planning
Services)
42. The plant material on site shall be maintained in accordance with the approved weed
eradication plan. (Department of Planning Services)
43. The landscaping on site shall be maintained in accordance with the approved Landscape,
Screen and Buffering Plan. (Department of Planning Services)
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 16
44. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code. (Department of Planning Services)
45. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code. (Department of Planning Services)
46. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code. (Department of Planning Services)
47. Personnel from the Weld County Government shall be granted access onto the property
at any reasonable time in order to ensure the activities carried out on the property comply
with the Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
48. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services. (Department of Planning
Services)
49. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval or is discontinued for a period of
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)
50. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
(Department of Planning Services)
AmUSR-1255,L.G.Everist Fort Lupton Mine,Page 17
a llt DEPARTMENT OF PLANNING SERVICES
918 Tenth Street
IDwEBSlTE:
GREELEY, COLORADO 80631
www.co.weld.co.us
s: kogle@CO.Weld.CO.US
CE-mail PHONEs(970)353-6100, EXT. 3540
FAX (9 O)304-6498
COLORADO
October 12, 2004
Subject: Additional Questionnaire Information for AmUSR-1255, L.G. Everist, Inc. Fort Lupton
Sand and Gravel
Project: An Amendment to a Site Specific Development Plan and a special Review Permit for a
Mineral Resource Development Facility, including open pit mining and materials
processing; including Asphalt and Concrete Batch Plants, in the A (Agricultural) Zone
District.
Legal: Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67 platted as
The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld County, Colorado
Dear Referral Agency:
The applicant has provided additional information regarding the original application (USR-1255)
in an attempt to fill in the blanks on all Sections of the amendment application that were noted
as "No Change from Existing Permit."
Referrals are requested to be returned by November 3, 2004
Should you have any questions or need further information, I may be reached at the above
address, telephone number or e-mail address.
Sincerely,
KimLive_
Planning Manager
Enclosure: Letter dated October 7,2004
File:AmUSR-1255
pc:
rOffsaN,,
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
WIlDe 918 109' STREET
GREELEY, COLORADO 80631
COLORADO
September 29, 2004
LG Everist
do Banks and Gesso
720 Kipling St. Suite 117
Lakewood CO 80215
Subject: AmUSR-1255- An Amendment to a Site Specific Development Plan and a special Review Permit
for a Mineral Resource Development Facility, including open pit mining and materials processing;
including Asphalt and Concrete Batch Plants, in the A(Agricultural)Zone District of the 6th P.M.,
Weld County, Colorado.
Dear Applicant:
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 December 21, 2004, at 1:30 p.m. This meeting
will take place in the Hearing Room, South Weld County Planning Department, 4209 CR 24 '/z, Longmont,
Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the
Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Fort Lupton Planning Commission
for their review and comments. Please call Fort Lupton at 303-857-6694 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Fort Lupton Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
,Respectfully,
Kim le
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS DECEMBER 11, 2004 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-
OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW
IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE
DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST
PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT
WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED
ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR THE AMENDED SITE SPECIFIC DEVELOPMENT PLAN
AND 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
KIM OGLE
Name of Person Posting Sign
Signature•of erson Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this/O day of E42004.
WITNESS my hand and official seal.
Pa.
oN tay Public
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FIELD CHECK inspection date: November 10, 2002
CASE NUMBER: AmUSR-1255
APPLICANT: L.G. Everist, Inc., [Ft. Lupton Sand & Gravel Mine]
LEGAL DESCRIPTION: Lot 1, 2, 3, and 4 N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67
platted as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 18 and '/2 mile west of State Highway 85
Zonina Land Use
N A(Agricultural) N Agricultural/ Residential - Gravel Mining
E A(Agricultural) E Agricultural/ Residential - South Platte River
S A(Agricultural) S Agricultural/Mining Operations/ Fort Lupton
W A(Agricultural) W Agricultural/ Residential
COMMENTS:
Existing operation with paved apron of 100 feet to magnesium chloride treated all weather access.
Entrance is gated with two swing gates. The speed limit and the mines operator and name are posted
south of the gate. There is an office/scale house located on site. Also on site are a concrete and asphalt
batch plant facility. There is an existing approved Flood Hazard Development Permit for all structures
locatred on site.
Surrounding landform is predominately floodplain with sporadic residential development of single family
residences on large tract parcels. Existing land uses surrounding the property are typically agricultural
and rural residential in use. Additionally, there are four County permitted sand and gravel mines, in
addition to the applicant's Fort Lupton Sand and Gravel facility located within two miles of the amendment
area. Weld County has two facility's—Koenig and Bearson mines; the Heit Mine and NCCI's Zadel Mine.
State Highway 85 is approximately 0.5 mile to the east. Little Dry Creek traverses the western edge of the
amendment site, with the Lupton Bottom Ditch bisecting the amendment and existing mine site and the
South Platte River serves as the eastern property extent. The City of Fort Lupton is within the three mile
referral area and is approximately 0.5 miles to the south of the permit area.
There are oil and gas encumbrances on site, both well heads and tank battery's. The South Platter River
riparian area is located in the far southeast corner of the site clipping the Golden property. This area lies
considerably lower than other surrounding lands.
Lands to the west are considerably higher is elevation than all other properties in the immediate area. The
Ross Bachofer property is located south of County Road 18 on the bluff overlooking the valley. The
Bachofer property is also be adjacent to the proposed mine area at the far western property line.
The property has no current violations.
Sign for hearing posted December 10, 2004 by Planning Staff and is evidenced by Affadavit and
photograph. End Visual Inspection
:14/r--
Kim Og lanner
Hello