HomeMy WebLinkAbout20050277.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1255 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 - L.G. EVERIST, INC.
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 of County Commissioners held a public hearing on the 26th day of
January, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of L.G. Everist, Inc.,7321 East 88th Avenue,Suite 200,Henderson,Colorado 80640,
for a Site Specific Development Plan and Amended Use by Special Review Permit#1255 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 on the following described
real estate, to-wit:
Lots 1, 2, 3, and 4, located in the N1/2 NW1/4, and
Lot 6 located in the SW1/4 NE1/4 of Section 30,
Township 2 North, Range 66;and Lot 3 located in the
E1/2 NE1/4 of Section 25,Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Maureen Jacoby, Banks and Gesso, LLC,
720 Kipling Street, Suite 117, Lakewood, Colorado 80215, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.b.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
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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, "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 the Weld County
Department of 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 Weld County Road 18 and
U.S. 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 U.S. Highway 85,
and a right turn lane(free right)onto the acceleration lane at U.S. Highway 85
to accommodate heavy hauling associated with the sand and gravel mining
on the haul route." The applicant has submitted 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 is to add additional
acreage, and the applicant indicated no change in the number of vehicle
trips. 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
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areas will continue to be set back 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 storage reservoirs,that will be of benefit to
County citizens.
Section 34-1-305,C.R.S.,addresses the preservation of commercial mineral
deposits for extraction. The statute provides, in summary, that the Board
shall not, 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. This does not 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.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A and 23-3-40.A.4 of the
Weld County Code provide 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.
c. Section 23-2-230.6.3--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 23-2-230.6.4--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.
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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 located to the north—Koenig and Bearson mines; and the Heit
Mine and NCCI's Zadel Mine are located to the south. 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,the Lupton Bottom Ditch
bisects 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 p.m. Staff received the October 12, 2004, Meeting Minutes which
state "... we have reviewed the request and find no conflicts with our
interest..."
The Department of Planning Services 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,or welfare of the surrounding
property owners.
e. Section 23-2-230.6.5--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 its existing Flood Hazard Development Permit#355 to address the
proposed uses associated with this amendment.
f. Section 23-2-230.6.6--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 this amendment are identified as "Prime"
agricultural land. Much of the property is located within the 100 year
floodplain,thus limiting the agricultural productiveness of the site. The area
has historically been utilized as pastureland.
g. Section 23-2-230.6.7 -- 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
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adequate provisions for the protection of the 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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of L.G. Everist,Inc.,for a Site Specific Development Plan and
Use by Special Review Permit#1255 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 on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. 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.
2) All sheets shall be labeled AmUSR-1255.
3) The Development Standards associated with this application.
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.
5) The location of any on-site signs.
6) The approved Landscape, Screening, and Buffering Plan.
7) The permit boundary for the mining operation shall align itself with the
legal descriptions of the parcels noted in the application.
0
8) Weld 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 as right-of-way reservation for future expansion
of Weld County Road 18. This road is maintained by Weld County.
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.
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10) The applicant shall delineate all right-of-way and easements
associated with the Lupton Bottom Ditch.
11) The 200-foot setback from the river bank located east of the area
identified as the "Golden Pit" on the applicant's map.
12) The recommended fifty (50) foot setback from Little Dry Creek's
jurisdictional wetlands, east of the creek as stated in the Division of
Wildlife's referral.
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 the Landscape, Screening, and Buffering Plan.
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 the Colorado Department of Public
Health and Environment that they are not subject to these requirements. The
applicant shall provide evidence of such to the Department of Planning
Services.
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 and 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 of such to the
Department of Planning Services.
E. The applicant shall provide current evidence that the facility has an adequate
water supply (i.e., well or community water system).
F. The applicant shall submit evidence of an Aboveground Storage Tank Permit
from the Colorado Department of Labor and Employment, Oil Inspection
Section,for any aboveground storage tanks located on the site. Alternately,
the applicant can provide evidence from the(Colorado Department of Labor
and Employment, Oil Inspection Section, that they are not subject to these
requirements. The applicant shall provide evidence of such to the
Department of Planning Services.
G. The applicant shall submit a Dust Abatement Plan for review and approval,
to the Environmental Health Services Division of the Weld County
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Department of Public Health and Environment. The applicant shall provide
evidence of such to the Department of Planning Services.
H. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. The plan shall include, at a minimum, the
following:
1) A list of wastes which are expected to be generated on the 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
the 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 of such to the Department of
Planning Services.
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.
J. 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
Section 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 a 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 Permit is in their possession for
this amendment. The State Engineer's Office, in a referral response dated
October 26,2004,states the site currently has a valid Temporary Substitute
Water Supply Plan approved by the State Engineer's Office; however, any
expansion or change of use from what is approved in the Temporary
Substitute Water Supply Plan would require a new Temporary Substitute
Water Supply Plan and well permit.
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K. The applicant shall provide evidence to the Department of Public Health and
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.
L. 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.
M. The applicant shall amend the existing Flood Hazard Development Permit,
FHDP-355, to include improvements to the additional property.
2. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of
Minerals and Geology Permit, Mined Land Reclamation Permit 112 to
conduct surface extraction of construction materials and reclamation of said
lands identified as the Fort Lupton Sand and Gravel Mine Site.
B. The scale house area and approach roads will be paved for the first one
hundred (100)feet adjacent to Weld County Road 18 for the future access
points for locations identified as"B"and"C". The approach roads shall have
adequate turning radii, and shall be at least a minimum of twenty-four(24)
feet in width to accommodate two-way traffic.
C. An individual sewage disposal system is required when the scale house is
relocated and shall be installed according to the Weld County I.S.D.S.
Regulations.
D. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
E. Proper building permits shall be obtained in accordance with the Weld
County Department of Building Inspection, prior to any construction,
demolition,or excavation. Part of the permit application process includes a
complete plan review.
3. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 26th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: iateja 4 ' )/GI,'
William H. Jerke, Chair
E A, County Clerk to the Board
( EXCUSED
le
M. . Geile, Pro- em
ty Clerk to the Board a�
Chi ,� David E. Long
OV AS TO FO 7 EXCUSED
� - Robert . Masden
.untyAttor -y / V'
Glenn Vaad
Date of signature: _ y
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. EVERIST, INC.
AMUSR #1255
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1255 is
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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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 floodplain
of the South Platte River which would obstruct passage of flood flows.
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.
4. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
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, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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.
11. The installation of the septic system shall comply with the Weld County I.S.D.S. Floodplain
Policy.
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12. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
13. An individual sewage disposal system is required when the scale house is relocated, and
shall be installed according to the Weld County I.S.D.S. Regulations.
14. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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.
16. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7CCR 1101-14).
17. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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.
19. The operation shall comply with the Occupational Safety and Health Act (OSHA).
20. The site shall comply with the Mine Safety and Health Act (MSHA).
21. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
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.
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, of the Weld County Code.
24. Each phase will be graded separately to direct stormwater run-off to the dewatering
trenches and discharge to the river. Process and stormwater will be discharged under a
valid Discharge Permit from the Colorado Department of Public Health and Environment,
Water Quality Control Division. The appropriate permit should be coordinated with the State
or local government.
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.
26. Permits are required for all electrical work, including electrical services for dewatering
pumps, rock crushers, construction trailers, site lighting, etcetera.
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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.)
28. Drawings for any building or related projects shall be submitted to the appropriate fire
district.
29. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Department of Building Inspection,the Fire District, or other
state agencies.
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.
31. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.
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 takes place at this location,the applicant shall obtain a Department of Army,404
Clean Water Act Permit.
33. In the event washing of vehicles will occur on the 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.
34. All gravel trucks transporting materials out of the area on County roads shall ensure that
loads are covered,thus reducing loose materials on the roadway and the amount of damage
to vehicles.
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.
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.
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.
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 daylight, 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
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Commissioners. This restriction shall not apply to operation of administrative and executive
offices or repair and maintenance facilities located on the property.
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.
40. The historical flow patterns and run-off amounts will be maintained on the 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.
41. The plant material on the site shall be maintained in accordance with the approved Weed
Eradication Plan.
42. The landscaping on the site shall be maintained in accordance with the approved
Landscape, Screening, and Buffering Plan.
43. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
45. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
46. 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.
47. The Amended Use by 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.
48. 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.
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49. 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.
2005-0277
PL1396
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