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HomeMy WebLinkAbout20050348.tiff RESOLUTION RE: GRANT REQUEST FROM AGGREGATE INDUSTRIES - WCR, INC., TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1350 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has received a request from Aggregate Industries-WCR, Inc., 3605 South Teller Street, Lakewood, Colorado 80235, for preadvertisement of an application for a Site Specific Development Plan and Use by Special Review Permit #1350 for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in the A (Agricultural) Zone District, and WHEREAS,said property is described as Part of the S1/2 NE1/4,W1/2 SE1/4, E1/2 SE1/4 of Section 25,Township 1 North, Range 67; part of the SW1/4 NW1/4,1/4,W1/2 SW1/4 of Section 30, Township 1 North, Range 66; and part of the NW1/4 NE1/4 of Section 36, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS,after study and review the Board deems it advisable to grant said request,with the hearing date to be set as March 16, 2005, at 10:00 a.m. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the request from Aggregate Industries-WCR, Inc.,for preadvertisement of an application for a Site Specific Development Plan and Use by Special Review Permit#1350 for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in theA(Agricultural)Zone District be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the hearing date to consider said request be, and hereby is, set as March 16, 2005, at 10:00 a.m. 2005-0348 PL1762 PC : �Li ,2 71/4-/ 041 got GRANT PREADVERTISEMENT -AGGREGATE INDUSTRIES -WCR, INC. (USR #1350) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 31st day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ���� WELD COUNTY, COLORADO �� may► 127)te 4 7,-,m? ,, It�� I1 /7s William H. Jerke, Chair ft' • Clerk to the Board 1861 r5titZP EXCUSED M. eile, Pro-Tem f_" � 1 (� • e paty Clerk to the Board C Da ' E Long R DAST ; �_ Robe D. Masden ouv ttorney £AA Ug-4-et Glenn Vaad c Date of signature: _9i/9-a-- 2005-0348 PL1762 �� MEMORANDUM ftA TO. Board of County Commissioners January 26, 2005 ElkFROM: Debra S. Miller, Deputy Clerk to the Board COLORADO SUBJECT: Request for Pre-advertisement Aggregate Industries-WCR, Inc., has submitted a request that the application for Use by Special Review Permit#1350,which will be heard by the Planning Commission on February 15, 2005, be pre-advertised and heard by the Board of Commissioners on February 23,2005. Although the 23rd is available on the docket,three working days will not be enough time for Planning and Clerk to the Board staff to complete the Planning Commission Resolution and Minutes, as well as draft the Board's Resolution and prepare and scan the file for this large and involved case. If you wish to approve the applicant's request,staff recommends a hearing on Monday, February 28,2005,to be held at the Planning Services building to avoid scheduling conflicts with the courts. The applicant has indicated they do not wish to be scheduled for March 2nd or 9th, because only three Commissioners will be present on those days. Therefore, the next remaining option would be a hearing on March 16th, which is the earliest date this case could be scheduled for under normal processing procedures. 2005-0348 PL1762 At tot MEMORANDUM WR`Pe. TO: Weld County Board of County Commissioners COLORADO DATE: January 24, 2005 FROM: Kim Ogle Sn Planning Manager SUBJECT: USR-1350 Aggregate Industries - Wattenburg Lakes Application The applicant, Aggregate Industries, is requesting a Pre-Advertisement for USR-1350, an application 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. The applicants have indicated that the reasons for this request is a time sensitive one, as all County permits require approval prior to a depletion of the existing reserves at the County Road 6 and State Highway 85 facility, which may occur in early spring, and two, the applicants desire to have the construction of the new conveyor over the South Platte River and associated requirements met for their 404 permit with the Army Corps of Engineers. The Department of Planning Services is working with the applicant, applicant's representative and referral agencies to process this addendum to the 2001 application in a timely fashion. Should the Board of County Commissioners approve the Pre-Advertisement the hearing would be scheduled for February 23, 2005. Availability on the docket has been confirmed with the Clerk to the Board. January 13,2005 Weld County Board of County Commissioners 915 10th Street Greeley,CO 80631 AGGREGATE Re: USR-1350—Wattenberg Lakes INDUSTRIES Pre-Advertisement Request Ladies and Gentlemen: The above-referenced matter is scheduled before the Weld County Planning Commission on February 15,2005. By this letter Aggregate Industries(AI) is requesting pre-advertisement for the subsequent public hearing before the Board to accommodate setting of such hearing for February 23,2005. Availability on the docket for this date has been confirmed with the Clerk to the Board. By working closely with County staff,we expect to meet any recommended conditions of approval for USR-1350 by the requested hearing date. The subject use by special review is a sand and gravel mining operation. Material extracted under USR- 1350 will serve as a replacement source for aggregate currently being mined under USR-905 (Platte Valley Operation), which is east of and adjacent to the proposed operation. It is anticipated that reserves under USR-905 will be depleted by April, 2005,at which time material extracted from the USR-1350 site would then be conveyed to existing processing facilities located on the USR-905 site. There are major pre-mining activities associated with the proposed application that must occur prior to April, making it critical to obtain all County approvals at the earliest possible date. Of primary importance is the construction of a conveyor bridge over the South Platte River from the new site to the processing facilities. Additionally,certain non-wetland areas must be excavated in order to prepare them for replacement wetlands under the mitigation plan associated with the pending Army Corps of Engineers (ACOE)404 Clean Water Act permit. AI submitted its application for USR-1350 nearly four(4)years ago in an effort to assure that all permitting would be in place prior to depletion of reserves under USR-905. The matter was heard by the Planning Commission on October 16,2001,at which time the case was continued indefinitely. The continuance was proposed by AI to provide Federal agencies an opportunity to determine the status of Al's application for the 404 permit, as issues related thereto were of particular concern to the Planning Commission. Al has diligently worked with the ACOE,USFWS and the EPA since October,2001 to address their concerns. The Corps is now in the process of writing the 404 permit,and we have been assured that issuance is forthcoming. Non-wetland disturbances related to preparatory activities have already been approved through other permit processes, including a County approved Flood Hazard Development permit and the State Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer S AGGREGATE Weld County Board of County Commissioners INDUSTRIES January 13,2005 Page Two Division of Minerals and Geology permit. Additionally,a well permit and temporary substitute supply plan have been approved by the State Engineers Office. Applications for air emissions and water discharges have been filed and permits will be approved before commencing activities associated with those permits. Having delayed further action on USR-1350 in an effort to provide the County with the greatest measure of comfort in recommending approval of this permit has unfortunately placed the supply of aggregate material to the existing processing plant at risk. It is critical that AI be able to proceed with preparations for extraction activity under USR-1350 to assure an uninterrupted supply of material to fulfill customer demand. As approval of USR-1350 by Weld County is the only matter remaining to enable AI to commence activity,we respectfully request your favorable consideration for expediting this process. A check in the amount of$100.00 is enclosed for fees associated with processing the pre-advertisement. Your consideration in this matter in this matter is greatly appreciated. Very truly yours, Connie Nickle Davis Land Resources Assistant cc: Kim Ogle,Weld County Planning Bill Schenderlein,Applegate Group Aggregate Industries-WCR, Inc.—File AGGREGATE INDUSTRIES West Central Region,Inc. PO.Box 337231,Greeley,CO 80633 361 71st Avenue,Greeley,CO 80634 Telephone 970-353-2005 Direct 970-336-6526 Fax 970-378-6856 Mobile 970-396-5252 E-Mail:conniedavis@aggregate com S Connie Davis AGGREGATE Land Resources INDUSTRIES Hello