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WIiDc LAND USE
SUMMARY SHEET
ION
COLORADO
Case Number: USR-1350 Hearing Date:September 18, 2001, continued
October 16, 2001
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 Description: Part of the S2 NE4, W2 SE4, E2 SE4 Section 25, Ti N, R67W, part of the
SW4 NW4, W2 SW4 Section 30, TIN, R66W and part of the NW4 NE4 of
Section 36, TIN, R67W of the 6th P.M., Weld County, Colorado
Location: 1/2 mile North of WCR 2; east/west of and adjacent to WCR 23.5; 1/4 mile south of
WCR 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
• 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
• Weld County Department of Public Health and Environment, referral received 8-9-2001
• State of Colorado, Division of Minerals and Geology, referral received 8-13-2001
• Weld County Department of Building Inspection, referral received 8-14-2001
ea., State of Colorado, Division of Water Resources, referral received 8-16-2001
• Greater Brighton Fire Protection District, referral received 8-17-2001 t
CI
PRELIMINARY Aggregate Industries, USR1350 Page I
2005-0680
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
The Department of Planning Services' received an unsolicited response from the following agency:
• United Stated Environmental Protection Agency, referral received 8-6-2001
PRELIMINARY Aggregate Industries, USR1350 Page 2
r. 6n SPECIAL REVIEW PERMIT
\( \ ADMINISTRATIVE REVIEW
Elk
COLORADO
Planner: Kim Ogle
Applicant: Aggregate Industries, West Coast Region, Inc.
c/o 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 Description: Part of the S2 NE4, W2 SE4, E2 SE4 Section 25, Ti N, R67W, part of the
SW4 NW4, W2 SW4 Section 30, T1 N, R66W and part of the NW4 NE4 of
Section 36, T1 N, R67W of the 6th P.M., Weld County, Colorado
Location: 'A mile North of WCR 2; east/west of and adjacent to WCR 23.5; 1/4 mile south of
WCR 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 22-5-80.6.1
(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
PRELIMINARY Aggregate Industries, USR1350 Page 3
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.
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 a conflict 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),
PRELIMINARY Aggregate Industries, USR1350 Page 4
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.
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)
B. This development will increase the traffic on Weld County Roads 23%;an amended
traffic impact study with proposed mitigation will be required. Evidence of approval
shall be submitted to the Weld County Department of Planning Services. (Dept. of
Public Works)
C. The applicant shall provide evidence that all issues involving "the placement of
dredge or fill material, and any excavation associated with a dredge or fill project,
either temporary or permanent, in waters of the United States which includes
ephemeral, intermittent and perennial streams, lakes, ponds or wetlands at the
site..." have been addressed to the satisfaction of the Department of the Army,
Corps of Engineers. Evidence shall be submitted to the Weld County Department
of Planning Services for review and approval. (Department of Planning Services)
PRELIMINARY Aggregate Industries, USR1350 Page 5
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. 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)
2. The location of any on-site signs. (Department of Planning Services)
3. The approved Landscape,Screen and Berm Plan. (Department of Planning
Services)
4. The location of the proposed two inlet structures across Weld County Road
23.50. (Department of Public Works)
5. The applicant shall submit a revised reclamation plan to the Weld County
Department of Planning Services for review and approval. The final ponds
shall be reconfigured to obtain a more natural and free flowing appearance
for the future residents of the area. (Department of Planning Services)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department
of Public Health& Environment, Environmental Health Services Division. Evidence
of approval shall be submitted to the Weld County Department of Planning Services.
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). (Department of
Public Health and Environment)
2. A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
3. The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public
Health and Environment)
C. An Air Pollution Emission Notice (A.P.E.N.)and Emissions Permit application must
be submitted to the Colorado Department of Health and Environment, Air Pollution
Control Division, for emissions of criteria, hazardous or odorous air pollutants.
Sources of such emissions include but are not limited to the following: sandblasting
operations, mining, spray paint booths, dry cleaners, haul road traffic, composting,
boilers and incinerators. (Department of Public Health and Environment)
D. If applicable, an amended Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application for USR 905, must be submitted to the Colorado Department of
PRELIMINARY Aggregate Industries, USR1350 Page 6
Health and Environment, Air Pollution Control Division, for emissions of criteria,
hazardous or odorous air pollutants. Sources of such emissions include but are not
limited to the following: sandblasting operations, mining, spray paint booths, dry
cleaners, haul road traffic, composting, boilers and incinerators. (Department of
Public Health and Environment)
E. If applicable, a CPDS Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health for any proposed discharge into
State Waterways. Evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
F. The existing NPDES Permit (CPDS Permit for USR 905) must be amended for the
increased operation if the Water Quality Control Division of the Colorado
Department of Public Health & Environment determines that such a modification
represents a significant change in the discharge. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
G. A Dust Abatement Plan shall be submitted to the Weld County Department of Public
Health & Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
H. Environmental Health Services Division was unable to locate septic permits for the
septic systems within this USR boundary. All septic systems located on the
property shall have appropriate permits from the Weld County Department of Public
Health & Environment. The Environmental Health Division of the Weld County
Department of Public Health&Environment was unable to locate a septic permit for
the septic system serving the existing residential structure on the property. Any
existing septic system which is not currently permitted through the Weld County
Department of Public Health& Environment 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. (Department of Public Health and Environment)
An individual sewage disposal system is required for the proposed
employee/storage trailer and shall be installed according to the Weld County
Individual Sewage Disposal Regulations. The septic system is required to be
designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. 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)
J. The applicant shall provide evidence that the facility has an adequate water supply,
i.e., well or community water system. (Department of Public Health and
Environment)
K. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14)
a spillage retention berm shall be constructed around the tank battery. The volume
retained by the spillage berm should be greater than the volume of the largest tank
inside the berm. Alternative protective measures may be allowed provided they
PRELIMINARY Aggregate Industries, USR1350 Page 7
comply with the Above Ground Storage Tank Regulations. (Department of Public
Health and Environment)
L. 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)
M. The applicant shall apply for and be approved for a Flood Hazard Development
Permit for any development that will increase or decrease the base flood elevation
in the flood plain as delineated on FIRM Community Panel Map #080266 0983 C
and FIRM Community Panel Map #080266 0995 C, dated September 28, 1982.
(Dept. of Planning Services)
N. The applicant shall obtain a Flood Hazard Development Permit for any new
structures including parking areas. (Dept. of Planning Services)
Q. Weld County Road 23.50 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 Weld County Road 23.50 shall be delineated right-of-way on the
plat. This road is maintained by Weld County. (Department of Public Works)
The most current traffic count for Weld County Road 23.50 is 270 vehicles taken in
a 24 hour period dated November 27, 2000. The Weld County Public Works
Department is in the process of recounting the roads at this location and should be
able to supply a newer traffic count prior to the final Commissioner Hearings.
(Department of Public Works)
P. Weld County Roads 2.75 and 4.50 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 Weld County Roads 2.75
and 4.50 shall be delineated right-of-way on the plat. These roads are maintained
by Weld County. (Department of Public Works)
Q. 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 Weld 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. Refer to
amended USR-921 memo for access requirements. (Department of Public Works)
R. The applicant has an existing Improvements Agreement for the upgrade and
maintenance of Weld County Road 6 from the pit entrance east to U.S. 85. The
traffic study has identified additional intersection improvements associated with
PRELIMINARY Aggregate Industries, USR1350 Page 8
heavy hauling that are required at the entrance and the intersection. (Department
of Public Works)
S. Weld County Road 23.50 Improvements Agreement. The applicant is indicating all
employee vehicles will access the property from Weld County Road 23.50,
approximately 3/4 mile north of Weld County Road 2. Weld County Public Works
is proposing to upgrade Weld County Road 23.50 with chemical stabilized base at
this location between Weld County Road 2 and Weld 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 Weld County Road 23.50
for their main access point to the facility. Weld County is presently counting Weld
County Road 23.50, Weld County Road 2.75, and Weld County Road 4.50 to
determine the background traffic that exists at this location. (Department of Public
Works)
T. 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)
U. 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)
B. The applicant shall apply for and obtain approval for a Flood Hazard Development
Permit for all construction in the flood plain. (Department of Planning Services)
5. Prior to operation:
A. The applicant shall provide evidence that all issues involving water rights, including
a water court approved plan for augmentation or substitute water supply plan has
been approved by the State of Colorado, Division of Water Resources. Evidence
shall be submitted to the Weld County Department of Planning Services for review
and approval as stated in the referral dated August 13, 2001. (Department of
Planning Services)
B. The applicant shall provide evidence that a Section 404 Permit has been obtained
from the Department of Army Corps of Engineers. 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)
C. 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. (Dept. of Building Inspection)
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)
PRELIMINARY Aggregate Industries, USR1350 Page 9
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. The facility shall operate in accordance with the approved dust control plan. The facility shall
have sufficient equipment available to implement appropriate dust control.Additional control
measures shall be implemented as required by the Weld County Health Officer. (Department
of Public Health and Environment)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and
Environment)
5. The facility shall provide an adequate water supply for drinking and sanitary purposes.
(Department of Public Health and Environment)
r
6. The existing Emission Permit must be modified for the increased operation if the Colorado
Department of Health and Environment determines that such a modification represents a
significant change in emissions or production. (Department of Public Health and Environment)
7. 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)
8. 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)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. 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)
11. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment,Water Quality Control Division. (Department of
Public Health and Environment)
12. Adequate hand washing and toilet facilities shall be provided for the public. (Department of
Public Health and Environment)
PRELIMINARY Aggregate Industries, USR1350 Page 10
13. 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)
14. 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. (Department of Public Health and Environment)
15. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department
of Public Health and Environment)
16. The facility shall have sufficient equipment available to implement dust control as required
by the approved Dust Abatement Plan. (Department of Public Health and Environment)
17. 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)
18. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department
of Public Health and Environment)
19. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
a. No fill, berms, or stockpiles shall be placed in the one hundred (100)year flood plain
of the South Platte River which would obstruct passage of flood flows. (Dept. of
Planning Services)
b. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that
might wash away during flooding shall be securely anchored and adequately flood
proofed to avoid creation of a health hazard. Following completion of mining, all
temporary buildings shall be removed. (Dept. of Public Health and Environment)
20. The operation shall comply with all applicable rule and regulations of the Colorado Division
of Minerals and Geology. (Department of Public Health and Environment)
21. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health and Environment)
22. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of
Public Health and Environment)
23. In the event that 5 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a storm water discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. (Department
of Public Health and Environment)
24. The operation shall comply with all applicable rules and regulations of the Federal Emergency
Management Agency including a Letter of Map revision if determined to be applicable. (Dept.
of Planning Services)
PRELIMINARY Aggregate Industries, USR1350 Page 11
25. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site. (Dept. of Planning Services)
26. Lighting provided for security and emergency night operation on the site shall be designed
so that the lighting will not adversely affect surrounding property owners. (Dept. of Planning
Services)
27. Section 23-4-290.6 of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to
make necessary repairs to equipment. Hours of operation may be extended with specific
permission from the Weld County Board of County Commissioners. This restriction shall not
apply to operation of administrative and executive offices or repair and maintenance facilities
located on the property. (Dept. of Planning Services)
28. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary,for the depth of the setback in order
to protect against and/or reduce noise, dust, and erosion. (Dept. of Planning Services)
29. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Dept. of Planning Services)
30. 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. (Dept. of Public Works)
31. If any work associated with this project requires the placement of dredge or fill material, and
any excavation associated with a dredged or fill project, either temporary or permanent, in
waters of the United States which may include streams, open water lakes and ponds or
wetlands at this site, the Department of the Army, Corp of Engineers shall be notified by a
proponent of the project for proper department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act. (Army Corps of Engineers)
32. The landscaping on site shall be maintained in accordance with the approved Landscaping
Plan. (Department of Planning Services)
33. Proper building permits shall be obtained prior to any construction, demolition, or excavation.
Part of the permit application process includes a complete plan review. (Dept. of Building
Inspection)
34. Permits are required for all electrical work including electrical services for de-watering pumps,
rock crushers, construction trailers, site lighting, etc. (Dept. of Building Inspection)
35. 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. (Dept. of Building Inspection)
36. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
PRELIMINARY Aggregate Industries, USR1350 Page 12
39. 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.
40. 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.
41. 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)
42. 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.
PRELIMINARY Aggregate Industries, USR1350 Page 13
Kik
DEPARTMENT OF PLANNING SERVICES
WliD�. PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
July 19, 2001
Aggregate Industries-WCR, Inc.
3605 S. Teller Street
Lakewood, CO 80235
Subject: USR-1350- Request for a Site Specific Development Plan and a Special Review Permit for
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, R67W of the 6th P.M., Weld County, Colorado.
To Whom It May Concern:
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 September 18, 2001, at 1:30 p.m. This meeting
will take place in Room 210, Weld County Planning Department,s1555 N. 17th Avenue, Greeley, 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 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 Brighton at303-655-2023 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.
Respectf y,
r
r--
Kim Og
Planner EXHIBIT
5
a
DEPARTMENT OF PLANNING SERVICES
1555 N. 17`"AVENUE
GREELEY, COLORADO 80631
IDWEBSITE: www.co.weld.co.us E- L: kogle@co.weld.co.us
C. PHONE I(9710) 353-6100, EXT. 3540
FAX (970) T 3 -6498
COLORADO
August 16, 2001
Mr. Bill Schenderlein
Applegate Group
11990 Grant Street, Suite 304
Denver, CO 80233
Subject: USR 1350, Aggregate Industries-WCR, Inc., Wattenberg Lakes application
Dear Bill:
The Department of Planning Services has commenced with the preliminary review of the application
materials, supporting documents and early referral comments from associated agencies. Staff has
determined that additional information is required for this office to make an informed recommendation to the
Planning Commission. Should this information not be submitted,the Department of Planning Services shall
state on the record that the applicant has not provided documentation enabling this office to make an
informed recommendation to the Planning Commission and as such, Staff recommends this application be
denied.
Staff requests the applicant submit the following documents as outlined in the Weld County Code:
1. 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 eithersubmita 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.
2. The applicant shall submit a letter from the United States Department of Interior, Fish
and Wildlife Service indicating if surveys will be required for threatened or endangered
plants and animals as outlined in a letter dated May 10, 2001. If a survey is required,
the survey will be conducted and submitted to the Department of Planning Services.
3. The applicant shall submit a signed copy of an agreement with the Huett Ditch
Company. Evidence shall be submitted to the Weld County Department of Planning
Services for review and approval.
4. The applicant shall address the concerns of the Environmental Protection Agency as
outlined in their letter dated July 10, 2001 specific to the requirement of an
Environmental Impact Statement(EIS). Evidence of compliance with this request shall
be submitted to the Weld County Department of Planning Services for review and
approval.
5. The applicant shall address the concerns of the Environmental Protection Agency as
outlined in their letter dated July 10, 2001 specific to the requirement of an
Environmental Impact Statement(EIS)and compliance with the 404(b)(1)Guidelines.
Evidence of compliance with this request shall be submitted to the Weld County
Department of Planning Services for review and approval.
6. The applicant shall provide evidence from the Army Corps of Engineers that the
Environmental Impact Statement (EIS) requested by the Environmental Protection
Agency, outlined in their letter dated July 10, 2001 is not required accompanied with
their rationale. Evidence shall be submitted to the Weld County Department of
Planning Services for review and approval.
7. The applicant shall provide evidence that all issues involving"the placement of dredge
i-. or fill material, and any excavation associated with a dredge or fill project, either
temporary or permanent, in waters of the United States which includes ephemeral,
intermittent and perennial streams, lakes, ponds or wetlands at the site..." have been
addressed to the satisfaction of the Department of the Army, Corps of Engineers.
Evidence shall be submitted to the Weld County Department of Planning Services for
review and approval.
8. The applicant shall submit to the Weld County Department of Public Works a modified
Traffic Study that specifically addresses the employee traffic onto Weld County Road
23.5. Specific questions and direction shall be obtained from the Weld County
Department of Public Works prior to commencing study.
This information shall be provided with ample time for review by staff, referral agencies if required and the
Weld County Attorney's office prior to scheduling a hearing before the Weld County Planning Commission.
If you need any further information, please feel free to contact me at the above address,telephone number
or e-mail address.
Sincerely,
Kim`Ogl
Planner II
pc:Case File USR 1350
er- cric
DEPARTMENT OF PLANNING SERVICES
1555 N. 17'"AVENUE
111
GREELEY, COLORADO 80631
IWEBSITE: www.co.weld.co.us E- co.weld.co.us
'pc PHONEn(97I0) 53-6100, EXT. 3540
FAX�(9(970) 304-6498
COLORADO
September 11, 2001
Mr. Bill Schenderlein
Applegate Group
11990 Grant Street, Suite 304
Denver, CO 80233
Subject: USR 1350, Aggregate Industries-WCR, Inc.
Wattenberg Lakes application
Dear Bill:
The Department of Planning Services is providing you a timely reminder to the requirement of
notification of individuals who may have mineral interests located under the property under
review. It is the applicants responsibility to comply with State Statues regarding development.
C.R.S. 31-23-215 requires notification of all mineral rights owners 30 days prior to any public
hearing. The applicant shall provide the Weld County Planning Department with written
documentation indicating the above requirements have been met.
Should you have any questions or need further information, I may be reached at the above
address, telephone number or e-mail address.
Sincerely,
Kim
Planner III
pc:USR1350 File
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FIELD CHECK
CASE NUMBER: USR-1350 DATE OF INSPECTION: /,/d
APPLICANT'S NAME: Aggregate Industries-WCR, Inc. •
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Special Review Permit for.
LEGAL DESCRIPTION: Part of the S2 NE4, W2 SE4, E2 SE4 Section 25, Tin, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: 1/2 mile North of WCR 2; east/west of and adjacent to WCR 23.5; 1/4 mile south .
LAND USE:
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ZONING: N A(Agricultural)
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S A(Agricultural)
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COMMENTS:
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EXHIBIT
FIELD CHECK inspection date: August 29, 2001
CASE NUMBER: USR 1350
APPLICANT: Aggregate Industries-WCR, Inc. c/o Applegate Group Inc.
LEGAL DESCRIPTION: Part of the S2 NE4, W2 SE4, E2 SE4 Section 25, T1 N, R67W, part of the
SW4 NW4, W2 SW4 Section 30, T1N, R66W and part of the NW4 NE4 of
Section 36, T1 N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: '/4 mile North of WCR 2; east/west of and adjacent to WCR 23.5; 1/4 mile
south of WCR 6.
Zonina Land Use
N A (Agricultural) N Unincorporated Wattenberg, Asphalt Specialities USR 921, KLTT
Radio, 3 Transmission Towers USR 582, OH Electric Transmission
Lines on towers
E A (Agricultural) I E Aggregate Industries USR 905, Platte River
S A (Agricultural) S Hall-Irwin USR 1172, Horse Boarding Facility, Rural Residential
W A (Agricultural) W Brighton Ditch, Rural Residential and agricultural lands
COMMENTS:
• Property is surrounded by roads to the west, north and south. The Platte River is the east
boundary. The north boundary has a high tension electric transmission line traversing the land
west to east. Land lies low relative to surrounding property. Appears to be utilized as pasture,
although the eastern half of the site is an active nursery operation. There is a single family
residence on site with several outbuildings associated with the nursery operation. Several
unimproved roads criss-cross the site. Several are associated with Oil and Gas facilities.
Numerous tank batteries are visible. Trees and riparian vegetation is prevalent. There is a large
area with cattails directly south of Wattenberg that extends to the southern edge of the property.
Numerous cottonwoods are on site, particularly near the river. The Huett Ditch traverses the
property north to south. This ditch is unimproved and is planted? in native grasses.
Property is accessed via WCR 2 onto WCR 23.5. Road is an all-weather road, two lane with
rills, however it is passable. Borrow ditches are located on both sides of road. At the time of site
visit, there was water standing in the ditches.
Site visit was conducted with Don Carroll, DPW and Char Davis, PH&E
Kim Ogle, - a er
EXHIBIT
13
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