HomeMy WebLinkAbout20040154.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Aggregate Industries Case Number AmUSR 905
Submitted or Prepared
Prior to At Hearing
Hearing
2 Staff Comments X
Department of Planning Services field check form X
Planning Commissioner Fitzgerald field check form X
Letter(s)to Applicant X
Photograph of sign posting&Affidavit of Sign Posting X
Legal Notifications X
3 Application X
Maps X
4 Referral List X
5 Referrals without comment X
Weld County Zoning Compliance, referral received October 15, X
2003 &September 23, 2003
Referrals with comments
6 Weld County Sheriff's Office, referral received September 25, X
2003
7 US Army Corps of Engineers, referral received September 30, X
2003
8 State of Colorado, Division of Water Resources, referral received X
October 7,2003
9 State of Colorado, Department of Transportation, referral X
received October 14, 2003
10 Weld County Department of Building Inspection, referral X
received October 17, 2003
11 Weld County Department of Public Works, referral received X
October 27, 2003
12 Weld County Department of Public Health and Environment, X
referral received November 3, 2003
13 Greater Brighton Fire Protection District, referral received X
November 3, 2003
14 City of Fort Lupton, referral received November 7,2003 X
2004-0154
Surrounding Property Owners
PC Exhibits
15 Facsimile Letter from David Siple, Patina Oil & Gas received X
November 17, 2003
16 Electronic Mail Letter from CDOT received November 18, 2003 X
17 Photocopy of Tribune Article Dated 10/7/2003 -Norcross X
18 Certificate of Sign Posting X
I hereby certify that the 18 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 O e Planner III
4(1417
LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: AmUSR-905 Hearing Date: November 18, 2003
Applicant: Aggregate Industries-WCR, Inc.
Address: c/o Applegate Group, 5441 Boeing Drive, Suite 200, Loveland, CO 80538
Request: Site Specific Development Plan and Use by Special Review for Mineral Resource
Development facilities; including open pit mining and materials processing; including a
Concrete Batch Plant and a portable Concrete and Asphalt Recycling Plant in the A
(Agricultural )and I (Industrial)Zone District.
Legal: Parts of Section 30, T1 N, R66W, including lands described as Lot B of RE-1102; a strip of
land 370 feet wide off of the west side of the SW4; NE4SW4, NW4SE4; parts of SE4SW4;
part of the N2N2NE4 lying west of State Hwy 85; part of the S2S2 NE4 lying west of State
Hwy 85; part of the E2NW4; part of the SW4NW4 NE4 and the NW4SW4NE4 of Section 30,
T1 N, R66W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to CR 6; west of and adjacent to State Hwy 85; north of and adjacent
to CR 4
Area included in Use by Special Review:190 +/-acres
Area to be Mined: 133 +/-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 September 23, 2003
• Weld County Sheriff's Office, referral received September 25, 2003
• US Army Corps of Engineers, referral received September 30, 2003
• State of Colorado, Division of Water Resources, referral received October 7, 2003
• State of Colorado, Division of Water Resources, referral received October 7, 2003
• State of Colorado, Department of Transportation, referral received October 14, 2003
• Weld County Department of Building Inspection, referral received October 17, 2003
• Weld County Department of Public Works, referral received October 27, 2003
• Weld County Department of Public Health and Environment, referral received November 3, 2003
• Greater Brighton Fire Protection District, referral received November 3, 2003
• City of Fort Lupton, referral received November 7, 2003
EXHIBIT
AGGREGATE INDUSTRIES,AmUSR-905,page 1
The Department of Planning Services'staff has not received responses from the following agencies:
• City of Brighton
• Adams County
• Ogilivie Seepage Ditch
• McCann Irrigation Ditch
• Excel Energy
• West Adams Soil Conservation District
•
Central Colorado Water Conservancy District
State of Colorado, Division of Wildlife
State of Colorado Division of Minerals and Geology
AGGREGATE INDUSTRIES,AmUSR-905,page 2
\n SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Winne.
COLORADO
Planner: Kim Ogle
Case Number: AmUSR-905 Hearing Date: November 18, 2003
Applicant: Aggregate Industries-WCR, Inc.
Address: c/o Applegate Group, 5441 Boeing Drive, Suite 200, Loveland, CO 80538
Request: Site Specific Development Plan and Use by Special Review for Mineral Resource
Development facilities; including open pit mining and materials processing; including a
Concrete Batch Plant and a portable Concrete and Asphalt Recycling Plant in the A
(Agricultural )and I (Industrial)Zone District.
Legal: Parts of Section 30, Ti N, R66W, including lands described as Lot B of RE-1102; a strip of
land 370 feet wide off of the west side of the SW4; NE4SW4, NW4SE4; parts of SE4SW4;
part of the N2N2NE4 lying west of State Hwy 85; part of the S2S2 NE4 lying west of State
Hwy 85; part of the E2NW4; part of the SW4NW4 NE4 and the NW4SW4NE4 of Section 30,
T1 N, R66W of the 6th P.M., Weld County, Colorado..
Location: South of and adjacent to CR 6;west of and adjacent to State Hwy 85; north of and adjacent
toCR4
Area included in Use by Special Review:190 +/-acres
Area to be Mined: 133 +/-acres
Parcel Numbers: 1471 30 000005, 1471 30 000006, 1471 30 000010, 1471 30 000093, 1471 30 000094
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 (CM.Goal 2) states,
"Promote the reasonable and orderly development of mineral resources."The proposed use
would be compatible with surrounding properties which include permitted sand and gravel
operations to the north, west and south. The South Platte River is to the west and State
Highway 85 east of and immediately adjacent to the site. Section 22-5-80.C (CM.Goal 3)
states"Minimize the impacts of surface mining activities on surrounding land uses,roads and
highways." The three gravel pits operating in the vicinity are Camas (which are owned by
Aggregate Industries-WCR, Inc, Asphalt Paving and Mobile Premix). In 2000, the three
operators combined and provided the County with an updated traffic study for improvements
AGGREGATE INDUSTRIES.AmUSR-905,page 3
to the intersection of US Highway 85 and CR 6. Through that traffic study, a right turn lane
(free right) onto the acceleration lane and the light was installed at this location to
accommodate gravel, asphalt, and material hauling from this location.
Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral
deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any city
and county, city, or town, or other governmental authority which has control over
zoning shall, by zoning, rezoning, granting a variance, or other official action or
inaction, permit the use of any area known to contain a commercial mineral deposit
in a manner which would interfere with the present or future extraction of such
deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners,governing body of any city and county,city,or town,
or other governmental authority which has control over zoning shall, by zoning,
rezoning, granting a variance, or other official action or inaction, permit the use of
any area containing a commercial mineral deposit in a manner which would interfere
with the present or future extraction of such deposit by an extractor."
(3) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority which has control over zoning from zoning or rezoning land
to permit a certain use, if said use does not permit erection of permanent structures
upon, or otherwise permanently preclude the extraction of commercial mineral
deposits by an extractor from, land subject to said use."
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
(5) "Nothing in this section shall be construed to prohibit a use of zoned land permissible
under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority from acquiring property known to contain a commercial
mineral deposit and using said property for a public purpose; except that such use
shall not permit erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
and Industrial Zone Districts.Section 23-3-40.A,Section 23-3-40.A.4 and Section 23-3-320.D
and 23-3-330.D of the Weld County Code provides for Site Specific Development Plan and
Use by Special Reviewfor Mineral Resource Development facilities;including open pit mining
and materials processing; including a Concrete Batch Plant and a portable Concrete and
Asphalt Recycling Plant in the A(Agricultural )and I (Industrial)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding properties which include permitted sand and gravel
operations to the north, west and south; the South Platte River is to the west and State
Highway 85 east of and immediately adjacent to the site. There are existing improvements
on the parcel, and six water wells owned by the Central Colorado Water Conservancy
District. The application materials state that these appurtenances that will not be impacted
by the mining activities. A referral was not received from Central Colorado Water
Conservancy District indicating a conflict with their interests.
AGGREGATE INDUSTRIES,AmUSR-905,page 4
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 cities of Brighton and Fort Lupton are within the three mile referral area for this
application. Staff receive a referral from the City of Fort Lupton that states"The Fort Lupton
Planning Commission met on October 14,2003 and discussed the application." The City has
concerns with the impacts this facility will have on the existing SH 85 Corridor,specific to long
range plans for improvements that are to occur at this interchange. An additional topic of
concern is how the property will be utilized in the present and in the future after reclamation.
The City of Brighton was contacted via telephone requesting comment, however, staff is
not in possession of a referral indicating a conflict with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5-200 of the Weld
County Code. The amendment is not located within the Flood Hazard Overlay District
area as shown on FIRM Community Panel Map#080266-09983C dated September 28,
1982. The remaining site does lie within the floodplain as delineated on FIRM Community
Panel Map 080266 0983 C dated September 28, 1982.
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 a limited amount of prime agricultural land. Several acres within the amendment site
are zoned Industrial and have historically been utilized for office and industrial uses.
G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval,
and Development Standards ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 --Additional requirements for Open-mining have been addressed
through this application and the Development Standards will ensure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Use by Special Review Permit shall be adopted and
placed on the Use by 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 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. The Plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All plats shall be labeled USR-1435 (Department of Planning Services)
3. A minimum of ten (10)feet of clearance from any existing power line or future
power line shall be maintained at all times as outlined by State Statute.
(Department of Planning Services)
AGGREGATE INDUSTRIES,AmUSR-905,page 5
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 Permit Boundary for the mining operation shall align itself with the legal
descriptions of the parcels noted in the application. (Department of Planning
Services)
7. County Road 6 is designated on the Road Capital Improvement Plan in the
County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status
road, which requires an 80-foot right-of-way at full build out. There is presently a
60-foot right-of-way. A total of 40 feet from the centerline of County Road 6 shall
be delineated on the plat as right-of-way reserved for future expansion of County
Road 6. This road is maintained by Weld County. (Department of Public Works)
8. County Road 4 is designated as a Section Line road, which has sixty(60)feet of
right-of-way, thirty(30)feet either side of Section Line identified at this location.
The applicant has identified a 25-foot minimum setback from the Section Line
where County Road 4 would exist if constructed. The setback is measured from
the existing or future right-of-way line, thus the 25-foot minimum setback shall be
adjusted from the right-of-way line not the Section Line. (Department of Public
Works)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)and
Emissions Permit from the Air Pollution Control Division, Colorado Department of Health
and Environment, if applicable. (Department of Public Health and Environment)
'- C. The applicant shall submit evidence of an approved dust abatement plan from the
Environmental Health Services, Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
D. The applicant shall submit evidence of a CPDS Permit from the Water Quality Control
Division of the Colorado Department of Health for any proposed discharge into State
Waterways, if applicable. (Department of Public Health and Environment)
E. The applicant shall submit evidence of an approved waste handling plan, from the
Environmental Health Services Division of the Weld County Department of Public Health
& Environment. The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
F. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (New EPA rule effective April 5, 2000). (Department of Public Health and
Environment)
G. The applicant shall submit evidence that septic permit (SP-0000429) has been closed. If
AGGREGATE INDUSTRIES,AmUSR-905,page 6
the system was installed, it may require an I.S.D.S. evaluation by a registered
professional engineer if the employee usage has increased. In the event the system is
found to be inadequate, the system must be brought into compliance with I.S.D.S.
regulations. (Department of Public Health and Environment)
H. 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. 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)
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
the State Highways. Please contact Gloria Hice-Idler or Tess Jones at the Greeley office
to verify the access permit or for any additional requirements that may be needed to
obtain or upgrade the permit. Gloria Hice-Idler has been given the traffic impact study for
review and comments. Coordinate any Weld County widening improvements at CR 6 and
US Highway 85 with both CDOT and Weld County Public Works. (Department of Public
Works, CDOT)
J. The applicant shall submit evidence that all proposed lanes and turning radiuses are in
place to accommodate the trucks, should the intersection designs improvements be
modified, to a protective left turn, the applicant shall demonstrate that the storage length
is long enough. ( CDOT)
K. The applicant shall provide documentation to the Department of Public Works if the
operations utilizes the Section Line access on County Road 4 right-of-way. The County
records delineate a 60-foot right-of-way present west of US Highway 85 to the South
Platte River. If the applicant proposes to utilize this Section Line access, at a minimum
the applicant shall:
1) The applicant shall complete a Non-Exclusive right-of-way agreement to utilize
County right-of-way with additional requirements to accommodate heavy hauling.
2) The applicant shall submit verification from CDOT of an additional access, to
verify the access permit, or for any additional requirements that may be
necessary for an upgrade of the access permit off of US Highway 85.
(Department of Public Works)
L. The applicant shall provide evidence from Colorado Department of Transportation,
CDOT, that an access permit has been obtained and all conditions of approval have been
met. Written evidence of approval from CDOT shall be submitted to the Department of
Planning Services. (Department of Public Works and Department of Planning Services)
M. The applicant shall provide evidence of a Temporary Substitute Water Supply Plan or
court approved augmentation plan to replace water depletions caused by the operation.
(Department of Planning Services)
N. The applicant shall provide evidence that the concerns of the Greater Brighton Fire
Protection District have been addressed as outlined in the referral received November 3,
2003, specific to site drawings. Written evidence of an attempt to comply with Fire District
requirements shall be submitted to the Weld County Department of Planning Services.
(Greater Brighton Fire Protection District)
AGGREGATE INDUSTRIES,AmUSR-905,page 7
4. 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 Platte Valley Site.
(Department of Planning Services)
B. Proper building permits shall be obtained in accordance with the referral response from
the Weld County Building Inspection Department dated October 17, 2003, prior to any
construction, demolition, or excavation. Part of the permit application process includes a
complete plan review. (Department of Building Inspection)
C. The Development Standards in USR-905 included a stipulation that a septic system be
installed for the proposed office. The Department finds a septic permit (SP-0000429)for
the office was applied for. However, the permit was never issued or given final approval.
This Department requires that this permit be closed as a part of this amended application.
If the system was installed, it may require an I.S.D.S. Evaluation by a registered
professional engineer if the employee usage has increased. In the event the system is
found to be inadequate, the system must be brought into compliance with I.S.D.S.
regulations. Portable toilets are acceptable on the working face of the site for up to 6
months at a time. (Department of Public Health and Environment)
D. In the original USR application, there was no provision in the Development Standards for
providing water for employees at the site. The application states that bottled water is
provided for drinking water uses. This is acceptable if the site duration is extended for 1
to 2 years (a relatively temporary use). However, the Department is aware of USR-1350
and the intent to process mined materials from that site to this one. In the event this is
approved (pending proposed code change outcome)the life of this site could be extended
significantly. In that case, the Department feels that the site should provide a permanent
water supply, (i.e. well, community system, etc)to serve the sanitary needs of the staff
and visitors of the facility. (Department of Public Health and Environment)
E. The off street parking and loading zones shall be surfaced with either gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
5. 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)
AGGREGATE INDUSTRIES.AmUSR-905.page 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Aggregate Industries -WCR, Inc
AmUSR-905
1. The Site Specific Development Plan and Use by Special Review for Mineral Resource Development
facilities; including open pit mining and materials processing; including a Concrete Batch Plant and
a portable Concrete and Asphalt Recycling Plant in the A(Agricultural)and I(Industrial)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 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.,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5,C.R.S.,as amended.(Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7CCR 1101-14). (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. 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)
10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimized the release hazardous air pollutants (HAP'S)and
volatile organic compounds (VOC'S). (Department of Public Health and Environment)
11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
12. 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)
13. In the event washing of vehicle will occur on site,the applicant shall ensure that any vehicle washing
area(s)shall capture all effluent and prevent discharges from the washing of vehicles in accordance
with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission,and
the Environmental Protection Agency. (Department of Public Health and Environment)
AGGREGATE INDUSTRIES,AmUSR-905,page 9
14. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
15. Adequate toilet and handwashing facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
16. Portable toilets may be utilized on sites which 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)
17. The facility shall provide a permanent, adequate water supply for drinking and sanitary purposes if
mining resources from USR-1350 are processed on this site (significantly extending the life of the
site). Bottled water is acceptable for the extended mining of this site due to the inclusion of 1-2 and
1-3 property only. (Department of Public Health and Environment)
18. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
19. The site shall comply with the Mine Safety and Health Act(MSHA)(Department of Public Health and
Environment)
20. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
21. 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 Planning Services)
22. 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)
B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood proofed to avoid
creation of a health hazard. Following completion of mining, all temporary buildings shall be
removed. (Department of Public Health and Environment, Department of Planning)
23. The off street parking and loading zones shall be surfaced with either gravel or the equivalent and
shall be graded to prevent drainage problems. (Department of Public Works)
24. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
25. The existing Road maintenance Agreement with C & M Companies, a.k.a. Aggregate Industries for
this location(County Road 6)remains with the USR plan use. All conditions accompanying this Road
maintenance Agreement are still in effect. (Department of Public Works)
26. All gravel trucks transporting materials out of the area on county roads shall ensure that their loads
are covered, thus reducing loose materials on the roadway and the amount of damage to vehicles.
(Sheriff)
27. All gravel trucks and other vehicles leaving the site shall not bring foreign materials onto the roadways
on their tires. (Sheriff)
AGGREGATE INDUSTRIES,AmUSR-905,page 10
28. 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)
29. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points of ingress
and egress to clearly identify the boundaries of the site. (Department of Planning Services)
30. 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)
31. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light 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)
32. The hours of operation will be limited to daylight hours only, not to exceed 6:00 AM to 4:00 PM
Monday to Saturday. (Department of Planning Services)
33. 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)
34. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
35. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180, Articles I and II. (Department of Public Works)
36. The plant material on site shall be maintained in accordance with the approved weed eradication plan.
(Department of Planning Services)
37. 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)
38. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
39. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
40. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
41. The property owner or operator shall be responsible for complying with the Open-mining Standards
of Section 23-4-250, Weld County Code.
42. 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.
AGGREGATE INDUSTRIES,AmUSR-905,page 11
43. 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.
44. 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)
45. 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.
AGGREGATE INDUSTRIES,AmUSR-905,page 12
(it
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
1555 N. 17TH AVENUE
WIlDC GREELEY, COLORADO 80631
COLORADO
September 18,2003
Aggregate Industries-WCR Inc
1707 Cole Blvd Suite 100
Golden CO 80401
Subject: AmUSR-905- Request for an Amendment to a Site Specific Development Plan and Special Review Permit
for Mineral Resource Development facilities;including open pit mining and materials processing;including
a Concrete and Asphalt Batch Plant in the A (Agricultural)Zone District on a parcel of land described as
parts of Section 30,Ti N, R66W, including lands described as Lot B of RE-1102; a strip of land 370 feet
wide off of the west side of the SW4; NE4SW4, NW4SE4; parts of SE4SW4; part of the N2N2NE4 lying
west of State Hwy 85; part of the S2S2 NE4 lying west of State Hwy 85; part of the E2NW4; part of the
SW4NW4 NE4 and the NW4SW4NE4 of Section 30,Ti N,R66W of the 6th P.M.,Weld County,Colorado.
Dear Applicant:
Your application and related materials forthe request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for November 18, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 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 and Fort Lupton Planning Commission for their review and
comments. Please call Brighton at(303)655-2023 and Fort Lupton at(303)857-6694 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Brighton and Fort Lupton Planning Commission meeting to answer any questions the Commission members may have
with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
IResp cffully,
im gle
Plann
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FIELD CHECK
CASE NUMBER: AmUSR-905 DATE OF INSPECTION: JO -. (-7(7J 3
APPLICANT'S NAME: Aggregate Industries -WCR Inc.
PLANNER: Kim Ogle
REQUEST: Amendment to a Site Specific Development Plan and Special Review Permit for Mineral
Resource Development facilities; including open pit mining and materials processing; including
a Concrete and Asphalt Batch Plant in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Parts of Section 30, Ti N, R66W, including lands described as Lot B of RE-1102;
a strip of land 370 feet wide off of the west side of the SW4; NE4SW4, NW4SE4;
parts of SE4SW4; part of the N2N2NE4 lying west of State Hwy 85; part of the
S2S2 NE4 lying west of State Hwy 85; part of the E2NW4; part of the SW4NW4
NE4 and the NW4SW4NE4 of Section 30, Ti N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 6;west of and adjacent to State Hwy 85; north of and adjacent
toCR4.
LAND USE: N / C-O-- / Fit fjpeo E p
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
P.C. Member i
r^
FIELD CHECK inspection date: November 9, 2003
CASE NUMBER: AmUSR-905
APPLICANT: Aggregate lndustries-WCR, Inc.
do Applegate Group, 5441 Boeing Drive, Suite 200, Loveland, CO 80538
LEGAL: Parts of Section 30,Ti N, R66W, including lands described as Lot B of RE-1102; a strip of
land 370 feet wide off of the west side of the SW4; NE4SW4, NW4SE4; parts of SE4SW4;
part of the N2N2NE4 lying west of State Hwy 85; part of the S2S2 NE4 lying west of State
Hwy 85; part of the E2NW4; part of the SW4NW4 NE4 and the NW4SW4NE4 of Section 30,
T1 N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: So.of and adjacent to CR 6; W.of and adjacent to State Hwy 85; No.of and adjacent to CR 4
Zonina Land Use
N A(Agricultural) N Agricultural - Mining Activities &Well Driller Operation
E A(Agricultural) E Agricultural - 700 foot wide Industrial Zone adjacent to SH 85
S A(Agricultural) S Agricultural -Gravel Mining, Industrial Uses
W A(Agricultural) W Agricultural - South Platte River, future Mine (USR-1350)
Radio station towers and support structure are elevated on
site, has look of floodplain
COMMENTS:
Existing operation for Aggregate Industries. Land lies about forty feet lower than the adjacent
surface grade on SH 85. Presently large piles of mineral resource are located on site with the
associated conveyors and associated equipment visible. A concrete batch plant structure is
present. Traffic flows out of site onto a asphalt apron prior to entering the county road system.
Property is fenced, and no trespassing signs are visible. Gates allow access to internal roads.
Actual operation sits back from CR 6.
CR 6 at SH 85 is a signalized intersection with acceleration and deceleration lanes in place.
Visual inspection did not identify any violations.
Kim Ogle , la er
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