HomeMy WebLinkAbout20050679.tiff ADDENDUM
INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Aggregate Industries -WCR, Inc Case Number USR 1350
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
Planning Commission hearing Minutes of October 16, 2001
2 Staff Comments cC: iO!I(o/zo„ X
3 Department of Planning Services field check form 8iztlzac I X
4 Planning Commissioner field check form c4 1lir/uxr X
5 Letters to Applicant (-1/iq)zczI, 4/0/zeci) X
6 Photograph of sign posting ( ic)slax , rt.7/LiXJ) X
7 Legal Notifications (R1 ilk i ) X
8 Application (?«I) X
m 9 Maps (&tcr) X
10 Referral List lza'r) X
N 11 Referrals without comment X
Referrals with comments
12 Weld County Zoning Compliance, referral received 7-20-2001 X
13 Weld County Sheriffs Office, referral received 7-26-2001 X
14 United States Army Corps of Engineers, referral received 7-27-2001 X
• 15 United States Department of Interior, Fish and Wildlife Service, X
referral received 7-30, 8-6-2001
' 16 Colorado Department of Transportation, referral received 8-1-2001 X
17 State of Colorado, Division of Wildlife, referral received 8-6-2001, 8- X
16-2001
• 18 Weld County Department of Public Works, referral received 8-8-2001 X
• 19 Weld County Department of Public Health and Environment, referral X
received 8-9-2001
• 20 State of Colorado, Division of Minerals and Geology, referral received X
8-13-2001
21 Weld County Department of Building Inspection, referral received 8- X
14-2001
22 State of Colorado, Division of Water Resources, referral received 8- X
16-2001
• 23 Greater Brighton Fire Protection District, referral received 8-17-2001 X
2005-067q
• 24 United Stated Environmental Protection Agency, referral received 8-6- X
2001
• 25 Deed /Certificate of Conveyance X
• 26 Surrounding Property/ Mineral Owners X
PC Exhibits
• 27 Applicant requesting a Continuance until October 16, 2001 X
• 28 Applicant's letter regarding status of Approvals, received 10-8-2001 X
" 29 Huett Ditch Letter received 10-8-2001 X
• 30 Letter from Dustin Ammons of Davis, Graham & Stubbs, LLP dated 9- X
14-2001
• 31 Letter from Carl Eiberger dated 9-17-2001 X
N 32 Letter from Clarence Hill dated 9-17-2001 X
33 Electronic Mail from Scott Franklin, US Army Corps of Engineers X
dated 10-16-2001
• 34 Letter from Carl Eiberger dated 12-14-2001 X
• 35 Response to Adequacy Review Comments, received from Applegate X
Group, 10-21-2004 (J Q.( wtot L-C,pniLat.-Jti6u,d,.;,,)
• 36 Memorandum from Applegate Group on behalf of Aggregate X
Industries requesting a hearing date, received 12-15-2004 gopti;4f:_)
• 37 Addendum to Application for Sand and Gravel Mining Operation, X
USR-1350 dated 12-27-2004 (.1:.A- wnd._.C4,4de&a74:wAddb'46, a
• 38 USFish and Wildlife Service, letter to Tim Carey, US Army Corps of X
Engineers received 12-30-2004 (1 r„1 a Lc :z (G(da,
• 39 USFish and Wildlife Service, letter to Tim Carey, US Army ,,(U
Corps of X
,Engineers received 12-30-2004 (1<LJ c,) ,&,, G/jo4"-t..' ,,,/,,,,,,)
40 Applegate Group letter to Peter Plage USFish and Wildlife Service, X
received 12-30-2004 (.1,1„,) tkna Cy4,r«,to ,,, ,;,„.)
• 41 USFish and Wildlife Service, letter to Kim Ogle, Department of X
Planning Services received 12-30-2004 (_44 s u , . 4yy,i, ,t“,,,a149
• 42 Ogle Memorandum to Planning Commission requesting a hearing X
date of February 15, 2005 for USR-1350, dated 1-4-2005 f( m/nen/g)
• 43 Department of Planning Services memorandum to referral agencies X
G-rxm.,Ltu requesting comment to Addendum to application, dated 1-5-2005
6"-Gd id"3 44 Department of Public Works referral comments to Addendum of X
USR-1350, received 1-5-2005
45 Zoning Compliance referral comments to Addendum of USR-1350, X
received 1-6-2005
46 Office of the State Engineer, referral comments to Addendum of X
USR-1350, received 1-18-2005
• 47 Colorado Water Conservation Board, referral comments to X
Addendum of USR-1350, received 1-18-2005
N 48 Department of Building Inspection, Board, referral comments to X
Addendum of USR-1350, received 1-19-2005
N. 49 Aggregate Industries, Pre-Advertisement for USR-1350, datd 1-24- X
2005
• 50 Greater Brighton Fire Protection District referral dated 1-31-2005 X
51 Department of Public Health and Environment, referral received 2-1- X
2005
' 52 Letter for Aggregate Industries concerning Department of Public X
Health and Environment referral comments, dated 2-4-2005
• 53 Evidence of Sign Posting - Photograph and Map, date of posting 2-4- X
2005
N 54 Electronic Mail received from Department of Public Health and X
Environment, received 2-7-2005
• 55 Amended Electronic Mail received from Department of Public Health X
and Environment, received 2-7-2005
pC C xh'b'CI 56 Electronic Letter from Pete and Cindy Baurer dated 2-8-2005 X
• 57 Electronic Letter from Carl Eiberger dated 2-10-2005 X
(ultll.4.��n
N 58 Facsimile of CRS 8-20.5-101(2)(b)(IX), received 2-11-2005 X
N 59 Facsimile of CRS 12-23-111(16), received 2-12-2005 X
60 Affidavit of Sign Posting X
5
I hereby certify that the 60 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 ❖ ' .•ie
r
6v(eati MEMORANDUM
Wi`Pe. TO: Planning Commission
COLORADO DATE: January 4, 2005
FROM: Kim Ogle, Planning Manager
SUBJECT: Request for Hearing Date, USR-1350
Aggregate Industries, West Coast Region, Inc
do Bill Schenderlein, Applegate Group, Inc
Land use case number USR-1350 for a Site Specific Development Plan and a Special Review
Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in the
(A) Agricultural Zone District was heard by this board on October 16, 2001.
The minutes for this specific case are attached herein.
At the request of the applicant and per direction of this Board, the applicant asked for an
indefinite continuance such that Aggregate Industries, West Coast Region, Inc could address
the issues associated with the Corps of Engineers assessment and the 404 Permit.
Aggregate Industries, West Coast Region, Inc notified the Department of Planning Services of
their intent to proceed on Monday December 27, 2004. The Department of Planning Services
has received an addendum to the original application which is under review by County
agencies. The applicant has an approved 112c mining permit, File No. 2004-051 through the
Division of Minerals and Geology.
Therefore, the Department of Planning Services requests a PC Hearing date of February 15,
2005.
(i. ET
Att:f4e
Awl
Wi`PC. LAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Number: USR-1350 Hearing Date: September 18, 2001, continued
October 16, 2001, continued
February 15, 2005
Applicant: Aggregate Industries, West Central Region, Inc.
c/o Bill Schenderlein, Applegate Group, Inc.
Address: 1499 West 120'" Street, Suite 200
Denver, CO 80234-2728
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facilities including Sand and Gravel Mining in the (A)Agricultural Zone District
Legal: Part of the S2 NE4, W2 SE4, E2 SE4 Section 25, Ti N, R67W, part of the SW4 NW4, W2
SW4 Section 30, Ti N, R66W, part NE4 NW4 and part of the NW4 NE4 of Section 36, Ti N,
R67W of the 6th P.M., Weld County, Colorado
Location: 1/2 mile North of CR 2; east/west of&adjacent to CR 23 1/2; 1/4 mile south of CR 6.
Size of Parcel: 421+/-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 Zoning Compliance, referral received 7-20-2001, 1-6-2005
•
Weld County Sheriffs Office, referral received 7-26-2001
• United States Army Corps of Engineers, referral received 7-27-2001
• United States Department of Interior, Fish and Wildlife Service, referral received 7-30, 8-6-2001
• Colorado Department of Transportation, referral received 8-1-2001
• State of Colorado, Division of Wildlife, referral received 8-6-2001, 8-16-2001
• Weld County Department of Public Works, referral received 8-8-2001, 1-4-2005, 1-26-2005
• Weld County Department of Public Health and Environment, referral received 8-9-2001, 1-26-2005
• State of Colorado, Division of Minerals and Geology, referral received 8-13-2001
• Weld County Department of Building Inspection, referral received 8-14-2001, 1-19-2005
• State of Colorado, Division of Water Resources, referral received 8-16-2001, 1-11-2005
• Greater Brighton Fire Protection District, referral received 8-17-2001, 1-31-2005
• State of Colorado, Water Conservation Board, referral received 1-18-2005
The Department of Planning Services' received an unsolicited response from the following agency:
• United Stated Environmental Protection Agency, referral received 8-6-2001
FEBRUARY 15,2005, USR-1350 Page 1
The Department of Planning Services' staff has not received responses from the following agencies:
• Adams County
• Brighton Ditch Company
• Huett Seepage Ditch Company
• Town of Brighton
State of Colorado, Historical Society
• State of Colorado, Water Conservation Board
• West Adams Soil Conservation District
r
FEBRUARY 15,2005, USR-1350 Page 2
44°I SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WLftc.
COLORADO
Planner: Kim Ogle
Applicant: Aggregate Industries, West Coast Region, Inc.
do Bill Schenderlein, Applegate Group, Inc.
Address: 1499 West 120th Street, Suite 200
Denver, CO 80234-2728
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facilities including Sand and Gravel Mining in the (A)Agricultural Zone District
Legal: Part of the S2 NE4, W2 SE4, E2 SE4 Section 25, Ti N, R67W, part of the SW4 NW4, W2
SW4 Section 30, Ti N, R66W, part NE4 NW4 and part of the NW4 NE4 of Section 36, T1 N,
R67W of the 6th P.M., Weld County, Colorado
Location: 1/2 mile North of CR 2; east/west of& adjacent to CR 23 1/2; 1/4 mile south of CR 6.
Size of Parcel: 421+/-acres
Parcel Number 1469 25 000016, 1469 25 000018, 1469 25 100002, 1469 36 000037,
1469 36 000029, 1469 36 000038, and 1471 30 000002
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.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 gravel operations to the north
and east and agricultural uses to the west and south. The unincorporated Town of Wattenburg
is north-northwest of this proposed development. The South Platte River is adjacent to the
property to the east. Further, no prime farm land will be taken out of production with this
proposal.
FEBRUARY 15,2005, USR-1350 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.3 of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Mineral Resource Development facilities
including Sand 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 and other gravel mining operations 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 Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities.
The surrounding land uses are primarily agriculture with several rural residences in the area.
To the north is the unincorporated town of Wattenberg and the Asphalt Paving Company
operation, (AmUSR 921), to the east is a gravel mining operation (USR-905-Aggregate
Industries) and State Highway 85; to the south are agricultural lands with rural residences.
There are thirty-four property owners within 500 feet of this application with three property
owners directly adjacent to the application. The town of Brighton did not respond to the referral
indicting no conflicts with their interests. 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 23-5-230 of the Weld County
Code. The proposal is located within the Flood Hazard Overlay District area as shown on
FIRM Community Panel Map#080266-0983C and Map#080266-0995C 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.B.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 irrigated
not prime and other land as delineated on the Important Farmlands of Weld County map,dated
1979. A majority of the property lies within the one hundred (100) year flood plain that limits
the agricultural productiveness of the site. The area is being utilized as open pasture and as
a nursery for the City of Westminister.
G. Section 23-2-220.A.7--The Design Standards(Section 23-2-240 of the Weld County Code),
Operation Standards (Section 23-2-250 of the 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.
FEBRUARY 15,2005, USR-1350 Page 4
The Department of Planning Services's 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 60 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.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)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All Sheets of the plat shall be labeled USR-1350. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The location of the two access roads to the site, capable of handling fire apparatus
in all potential weather conditions during and after construction. The roadway must
be a minimum of twenty-four (24) feet in width without parked cars in the area. All
roadways will have a turning radius of thirty-two(32)feet maximum inside radius and
fifty-two(52)feet outside radius. Dead end roads exceeding one hundred fifty(150)
feet in length shall terminate in an approved turn around. (Greater Brighton Fire
Protection District)
4. The location of any on-site signs. (Department of Planning Services)
5. The approved Landscape,Screen and Berm Plan. (Department of Planning Services)
6. The location of the proposed two inlet structures across County Road 23 1/2.
(Department of Public Works)
7. The applicant indicated that County Road 23 '/and County Road 4 %are within the
property boundaries. The County's documentation on this section of road indicates
that the County is claiming 60 feet of right-of-way from as early as April 4, 1882,
granted in Book 3. Page 66; Book 8, Page 358; and Book 178, Page 464 with the
Clerk and Recorders Office. Adjust the plat to coordinate with the right-of-way line
FEBRUARY 15,2005. USR-1350 Page 5
and setback utilizing the sixty (60)feet of right-of-way that the County is claiming for
County Road 23 Y:. The setback from the County right-of-way line needs to be
adjusted prior to recording the plat and placing the slurry wall or mining operation.
(Department of Public Works)
B. The Environmental Health Division of the Weld County Department of Public Health &
Environment (WCDPH&E) was unable to locate a septic permit for an existing residence
(Parcel#146925000018). Any existing septic system which is not currently permitted through
the WCDPH&E will require an I.S.D.S. Evaluation prior to the issuance of the required septic
permit. In the event the system is found to be inadequate, the system must be brought into
compliance with current I.S.D.S. regulations. If, in the future, the septic system is removed
for mining the applicant shall provide written evidence to WCDPH&E of the removal.
(Department of Public Health and Environment)
C. The applicant shall provide evidence that the facility has adequate water, i.e., bottled water.
(Department of Public Health and Environment)
D. 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. (Department
of Public Health and Environment)
E. 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)
F. County Road 23 1/2 is designated on the Weld County Transportation Plan Map as a local
gravel road, which requires sixty (60)feet of right-of-way at full build out. There is presently
sixty (60) feet of right-of-way. A total of thirty (30)feet from the centerline of County Road
23.50 shall be delineated right-of-way on the plat. This road is maintained by Weld County.
The most current traffic count for County Road 231/2 is 234 vehicles taken in a 24 hour period
dated May 19, 2004. (Department of Public Works)
G. County Roads 2 3/4 and 4 1/2 also border the proposed facility. These are designated as
local gravel roads,which requires sixty(60)feet of right-of-way at full build out. A total of thirty
(30)feet from the centerline of County Roads 2 3/4 and 4 1/2 shall be delineated right-of-way
on the plat. These roads are maintained by Weld County. (Department of Public Works)
H. The Public Works Department has reviewed your submitted traffic study,which was completed
by Gene Coppola. This traffic study combines Mobile Premix Concrete,Aggregate Industries,
and Asphalt Paving, all located on County Road 6 and access on to U.S. 85. Diane
Houghtaling's,Traffic Engineer, memorandum will reflect any additional items that need to be
addressed prior to approval. (Department of Public Works)
The applicant has an existing Improvements Agreement for the upgrade and maintenance of
County Road 6 from the pit entrance east to U.S. 85. (Department of Public Works)
FEBRUARY 15,2005, USR-1350 Page 6
J. County Road 23 1/2 Improvements Agreement. The applicant is indicating all employee
vehicles will access the property from County Road 23 1/2, approximately 3/4 mile north of
County Road 2. Weld County Public Works has upgraded County Road 23 1/2 with chemical
stabilized base at this location between County Road 2 and County Road 6. The applicant
shall enter into a Road Improvements Agreement with Weld County Public Works for their
proportional share of traffic which will be utilizing County Road 23 1/2 for their main access
point to the facility. (Department of Public Works)
K. The applicant shall submit a letter seeking to vacate USR 727 for Gartell Enterprises,for a dry
gravel pit. (Department of Planning Services)
4. Prior to construction:
A. The applicant shall obtain the appropriate building permits through the Weld County Building
Inspection Department. (Department of Building Inspection)
5. Prior to Operation:
A. The applicant shall provide evidence that a Section 404 Permit has been obtained from the
Department of Army Corps of Engineers prior to operating in any designated wetland area.
Further, the applicant shall provide evidence to the Department of Planning Services
demonstrating that all conditions of the permit have been met. (Department of Planning
Services)
B. Site drawings shall be submitted to the Greater Brighton Fire Protection District. Evidence
of attempt to comply with Fire District requirements shall be submitted to the Weld County
Department of Planning Services. (Department of Building Inspection, Greater Brighton Fire
Protection District )
6. 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)
FEBRUARY 15,2005, USR-1350 Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Aggregate Industries
USR-1350
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
facilities including Sand and Gravel Mining 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. 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. (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. The facility shall provide bottled water for drinking and sanitary purposes. (Department of Public Health
and Environment)
6. 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. (Department of Public Health and Environment)
7. 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)
8. Fugitive dust shall be controlled on this site. (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. If applicable, the applicant shall obtain a Discharge Permit from the Colorado Department of Public
Health&Environment,Water Quality Control Division. (Department of Public Health and Environment)
11. Adequate hand washing and toilet facilities shall be provided for the public and employees.(Department
of Public Health and Environment)
12. Portable toilets may be utilized on sites that 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)
13. 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)
14. 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. (Department of Planning
Services)
FEBRUARY 15,2005, USR-1350 Page 8
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)
15. The operation shall comply with all applicable rule and regulations of the Colorado Division of Minerals
and Geology. (Department of Planning Services)
16. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
17. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Planning
Services)
18. 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)
19. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
20. 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)
21. Section 23-4-290.8 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.
(Department of Planning Services)
22. 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)
23. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
24. 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. (Department of Public Works)
25. The applicant is indicating that there will be two inlet structures across Weld County Road 23.50. The
applicant shall obtain a Weld County Right-of-Way Permit prior to doing any excavating within Weld
County rights-of-way. Please contact Weld County Public Works Office to obtain that permit.
(Department of Public Works)
26. 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, Corps 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)
27. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
FEBRUARY 15.2005. USR-1350 Page 9
28. 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)
r^
29. Permits are required for all electrical work including electrical services for de-watering pumps, rock
crushers, construction trailers, site lighting, etc. (Department of Building Inspection)
30. 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 Building Inspection)
31. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
34. Personnel from the Weld County Departments of Public Health and Environment and Planning Services
shall be granted access onto the property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards stated herein and all applicable
Weld County regulations.
35. 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.
36. 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)
37. 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)
FEBRUARY 15,2005, USR-1350 Page 10
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
I FAX (970) 304-6498
918 10'" STREET
GREELEY, COLORADO 80631
COLORADO January 5, 2005
Aggregate lndustries-WCR, Inc
3605 S. Teller Street
Lakewood, CO 80235
Subject: USR-1350- Request for An addendum to a Site Specific Development Plan and Special Review
Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in the A
(Agricultural)Zone District on a parcel of land described as Part of the S2 NE4,W2 SE4, E2 SE4
Section 25,Ti N, R67W, part of the SW4 NW4,W2 SW4 Section 30,Ti N, R66W and part of the
NW4 NE4 of Section 36, Ti N, R67 W 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 February 15, 2005, at 1:30 p.m. This meeting will
take place in the Hearing Room, Weld County Planning Department, 4209 CR 24 ''A, 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 Brighton Planning Commission
for their review and comments. Please call 303-655-2023 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 Brighton
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 brite
Planner
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