HomeMy WebLinkAbout20033031.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Hall-Irwin Corporation Case Number USR 1435
Submitted or Prepared
Prior to At Hearing
Hearing
Planning Commission Resolution
2 Staff Comments X
Department of Planning Services field check form X
Planning Commissioner Mokray field check form X
Letter(s)to Applicant X
Photograph 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 June 30,2003 X
Referrals with comments
6 West Greeley Soil Conservation District, referral received July 7, 2003 X
7 State of Colorado, Department of Transportation, referral received July X
10, 2003
8 Weld County Sheriff's Office, referral received July 13,2003 X
9 Weld County Department of Public Health and Environment, referral X
received July 17, 2003
10 Weld County Department of Public Works, referral received July 18, X
2003
11 City of Greeley-Weld County Airport Authority, referral received July 19, X
2003
12 City of Greeley, referral received July 28, 2003 X
13 State of Colorado, Division of Water Resources, referral received July X
28, 2003
14 Weld County Department of Building Inspection, referral received July X
30,2003
15 State of Colorado, Division of Minerals and Geology, referral received X
August 12,2003
PC Exhibits
EXHIBIT
2003-3031 A
use #1435
16 Gene Coppola facsimile received 8-28.2003 X
17 Gloria-Hice Idler electronic mail received 9-2-2003 X
18 Economic Study: Economic Impact on Pre-Existing Neighbors, X
prepared by A, Garrison,dated April 30,2003
19 Site Photographs X
20 Publication (Filed under Legals) X
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I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I f her certify that these items were forwarded to
the Clerk to the Board's office.
Kim Ogle •S nner III
Wi`D 0 • LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1435 Hearing Date: September 2, 2003
Applicant: Hall-Irwin Corporation
Address: c/o Tetra Tech RMC; 1900 Sunset Street, Suite 1-F, Longmont, CO 80501
Request: Site Specific Development Plan and Use by Special Review for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing, a
Concrete and Asphalt Batch Plant, a Concrete Recycling Facility and a material
sales yard.
Legal Description: Part of Lot B, Corrected 2ndAmRE-1053; and part S2 of Section 12, T5N,
R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 58 (East 16`" Street) and 1/4 mile west of CR 47 1/2.
Area included in Use by Special Review: 134.21 +/- acres
Area to be Mined89 +/- 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 Sheriff's Office, referral received July 13, 2003
• Weld County Zoning Compliance, referral received June 30, 2003
• West Greeley Soil Conservation District, referral received July 7, 2003
• State of Colorado, Department of Transportation, referral received July 10, 2003
• Weld County Department of Public Health and Environment,referral received July 17,2003
• Weld County Department of Public Works, referral received July 18, 2003
• City of Greeley-Weld County Airport Authority, referral received July 19, 2003
• City of Greeley, referral received July 28, 2003
• State of Colorado, Division of Water Resources, referral received July 28, 2003
• Weld County Department of Building Inspection, referral received July 30, 2003
• State of Colorado, Division of Minerals and Geology, referral received August 12, 2003
4 EXHIBIT.
USR-1435, Hall-Irwin-Nissen Site, Page 1
The Department of Planning Services'staff has not received responses from the following agencies:
• Town of Kersey
• State of Colorado, Division of Wildlife
• United States Army Corps of Engineers
• Plumb Ditch Company
• Platte Valley Fire Protection District
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PRELIMINARY/HALL IRWIN,USR-1435,page 2
it 6( SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Ione
COLORADO
Planner: Kim Ogle
Case Number: USR-1435 Hearing Date: September 2, 2003
Applicant: Hall-Irwin Corporation
Address: do Tetra Tech RMC; 1900 Sunset Street, Suite 1-F, Longmont, CO 80501
Request: Site Specific Development Plan and Use by Special Review for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing, a
Concrete and Asphalt Batch Plant,a Concrete Recycling Facility and a landscape
material sales yard.
Legal Description: Part of Lot B, Corrected 2ndAmRE-1053; and part S2 of Section 12, T5N,
R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 58(East 16th Street)and 1/4 mile west of CR 471/2.
Area included in Use by Special Review: 134.21 +/- acres
Area to be Mined89 +/- acres
Parcel Numbers: 0961 12 000126 and 0961 12 000130
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 agricultural lands to the east and south,the South Platte River is to the
west and north immediately adjacent to the site and several residences with
agricultural uses are south of the proposal adjacent to County Road 58, east of
County Road 47 1/2. The property to be mined contains no "Prime" agricultural
lands, thus, no prime farm land will be taken out of production with this proposal.
PRELIMINARY/HALL IRWIN,USR-1435,page 3
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)Zone District.Section 23-3-40.A and Section 23-3-40.A.4 of the Weld
County Code provides for Mineral Resource Development Facilities,including Open
Pit Mining and Materials Processing, a Concrete and Asphalt Batch Plant, a
Concrete Recycling Facility and a landscape material sales yard 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. Surrounding land uses are residential and
agricultural. There are no existing buildings on the parcel, however, there are
PRELIMINARY/HALL IRWIN,USR-1435,page 4
several oil and gas wells,tanks,and appurtenances that will not be impacted by the
mining activities. A stability analysis was prepared by Gary Linden, Engineering
Geologist with Tetra Tech RMC, utilizing the year 2000 Terracon study for this
property. Based on the analysis and professional recommendation by Linden,
mining will not encroach within seventy-five(75)feet of these structures before the
applicant, Hall-Irwin, enters into agreements with the owners of these structures
regarding future uses and possible relocation.
Given the proximity of the residential component, length of operation and the height
of the surrounding lands to the property, the Department of Planning Services
requests the applicant design and construct the facilities to fit in with the agricultural
feel of the area, Thus ensuring that the facilities will be less intrusive to the
community. Through efforts such as this, the proposal will be compatible with
existing surrounding land uses which include agricultural lands with rural residences
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 agricultural, with rural residences in the
area. To the west and north is the South Platte River including riparian lands.There
are two agricultural operations north of County Road 58 adjacent to the proposed
operation;one is immediately adjacent to the Plumb Ditch near the southeast corner
of the property adjacent to the County Road, the second south of the Plumb Ditch
near the east property line. The Town of Kersey is approximately two miles to the
east of the permit area,with the City of Greeley two miles to the west from the permit
area. The area to be mined is outside of the Urban Growth Boundary areas for all
of these municipalities. The City of Greeley in a referral received 7-28-2003 stated
they had reviewed the request and found no conflict with their interests. Planning
Staff concurs 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 23-5-200 of the Weld
County Code. The proposal is located within the Flood Hazard Overlay District area
as shown on FIRM Community Panel Map#080266-0645C dated September 28,
1982. Conditions of Approval and Development Standards address the issue of the
flood plain. Section 22-5-80.E.1.d (CM.Policy 5.4)states"the operation will comply
with the County flood hazard regulations...." Further, Section 22-5-80.B promotes
the reasonable and orderly development of mineral resources. The applicant has
been conditionally approved for the construction of structure(s)in the floodplain per
Flood Hazard Development Permit (FHDP-445).
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. All of the property lies within the
one hundred (100)year flood plain that limits the agricultural productiveness of the
site. The land has historically been utilized to produce corn and oats.
PRELIMINARY/HALL IRWIN,USR-1435,page 5
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 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 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to scheduling the 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.A.1 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.A.2 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."
Tetra Tech RMC,representative for Hall Irwin submitted and Environmental Stability
Analysis (ESA) to address the accommodation of oil and gas operations. The
engineering study discusses the element of stability of the mining operation. This
information indicated that mining could take place up 55 feet from structures
including oil and gas facilities without endangering the stability of those structures.
The information does not address the area required by the oil and gas operator to
service the existing wells and facilities. It also does not address the possibility or
likelihood of future well sites. Instead it proposes that no mining occur within 75 feet
of the oil and gas structures until a service agreement is reached.
The concern is that there is a lack of information that existing and future oil and gas
operations have then adequately accommodated in the absence of these
agreements. Information should be developed which would indicates how the wells
and facilities will be protected in the event no agreement is reached. This should
PRELIMINARYMALL IRWIN.USR-1435,page 6
include a discussion by someone with appropriate expertise in the oil and gas
industry of the area necessary to operate around the facilities, the likelihood that
additional sites can be drilled under current well and gas commission rules, and, if
likely, the manner in which this future use has been accommodated.
The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt
has been made to mitigate the concerns of the mineral owner/operators. The plat
shall be amended to include any possible future drilling sites. (Department of
Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. 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)
4. The location of any on-site signs. (Department of Planning Services)
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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 58 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 58 shall be delineated on the plat as right-of-way dedicated for
future expansion of County Road 58. This road is maintained by Weld
County. (Department of Public Works)
8. County Road 47.5 is designated on the Weld County Transportation Plan
Map as a local paved road,which requires 60 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of County Road 47.5 shall be delineated right-of-way on the plat.
This road is maintained by Weld County. There are residential/agricultural
parcels and a dairy operation adjacent to this roadway. (Department of
Public Works)
9. In reviewing the traffic study,the applicant indicated that on a daily basis the
PRELIMINARY/HALL IRW IN,USR-1435,page 7
site will generate 500 vehicles trips. The applicant shall install an
acceleration/deceleration lane at the main entrance to accommodate this
volume. A construction drawing will be required for review and approval.
Upon approval, this shall be delineated on the plat. (Department of Public
Works)
10. The intersection of County Road 58 and County Road 47.5: The applicant
shall provide a plat drawing of improvements indicating turning movements
at this intersection to accommodate tractor trailers traveling both northbound
and southbound. Widening will be required at the intersection to
accommodate turning radiuses. Upon approval,this shall be delineated on
the plat. (Department of Public Works)
11. The intersection of State Highway 34 and County Road 47.5: The right turn
radius should be widened to accommodate trucks turning westbound on to
US Highway 34. There is a deceleration lane and a left turn slot in place;
verify with CDOT for any additional requirements. Upon approval, from
CDOT and the Department of Public Works this shall be delineated on the
plat. (Department of Public Works)
12. All proposed lanes and turning radiuses shall be widened to accommodate
trucks. The intersection designs improvements shall take into consideration
the right-of-way, drainage, utility, and other such issues. (Department of
Public Works, CDOT)
B. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application to the Air Pollution Control Division, Colorado
Department of Health and Environment for emissions of criteria, hazardous or
odorous air pollutants. Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
C. The applicant shall submit a dust abatement plan to the Environmental Health
Services, Weld County Department of Public Health & Environment, for approval
prior to operation. Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
D. The applicant shall provide evidence that the facility has an adequate water supply
for drinking and sanitary purposes.
The application materials submitted state that bottled water will be utilized as the
facility's source of water. The application states that the site will be mined in 6
phases, that 56 individuals (with 2 shifts) will be working on the site and that the
operation will be open Monday though Saturday, 6:00 AM to 7:00 PM. The
Department of Public Health and Environment does not believe that bottled water is
an adequate source of water for this type of operation.(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. Written evidence of approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
PRELIMINARY/HALL IRWIN,USR-1435,page 8
F. The applicant shall submit a waste handling plan,for approval,to 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)
G. The applicant shall provide evidence 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. (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 applicant shall dedicate an additional 10-foot right-of-way adjacent to CR 58 to
accommodate improvements at this location. This should be shown on the plat
drawing. (Department of Public Works)
J. The applicant shall enter into a Road Maintenance and Improvements Agreement for
the designated haul route. The site plan traffic disbursal indicates that 30% of the
traffic from the main entrance will travel west,and the remaining 70%will travel east
to County Road 47.5, then south to US Highway 34 and disburse east and west.
From this disbursement,the designated haul route appears to be County Road 58
from Fern Avenue, east to County Road 47.5 then south to US Highway 34.
(Department of Public Works)
K. 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 WCR 47.5 and US Highway 34 with both CDOT and
Weld County Public Works. (Department of Public Works, CDOT)
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
PRELIMINARY/HALL IRWIN,USR-1435,page 9
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 submit for review and approval an aeronautical study performed
at the site. This study and supporting documents shall be submitted to the Federal
Aviation Administration(FAA)for review and approval. The applicant shall submit
written evidence of compliance with the requirements stipulated in the FAA approval.
(Greeley-Weld County Airport)
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
Nissen Site. (Department of Planning Services)
B. All gravel trucks and other vehicles leaving the site shall not bring foreign materials
onto the roadways on their tires. The applicant shall pave a distance of one truck
length from the service yard to the public roadway. (Sheriff)
C. Proper building permits shall be obtained in accordance with the referral response
from the Weld County Building Inspection Department dated September 5, 2001,
prior to any construction, demolition, or excavation. Part of the permit application
process includes a complete plan review. (Department of Building Inspection)
D. Site drawings shall be submitted to the Platte Valley Fire Protection District.
Evidence of attempt to comply with Fire District requirements shall be submitted to
the Weld County Department of Planning Services. (Department of Building
Inspection)
E. An individual sewage disposal system is required for the proposed office and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed bya 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.
The application materials state that no sanitary facilities are planned for this
operation and that portable restrooms will be utilized. The proposed sewage
disposal facilities(portable toilets)does not complywith the Weld County Code(30-
2-10) which states that the owner shall supply an adequate, convenient, sanitary
toilet and sewage disposal system where people live or work or congregate.
(Department of Public Health and Environment)
F. The approach road and the small parking area adjacent to the office/scale house
shall be paved to accommodate customers and vendors. It shall conform to all
standards of the Americans with Disability Act. Each space shall be equipped with
guards where needed to prevent vehicles from extending beyond the boundaries of
the spaced and from coming into contact with other vehicles, walls, fences, or
plantings. (Department of Public Works)
PRELIMINARY/HALL IRWIN,USR-1435,page 10
G. The off street parking and loading zones shall be surfaced with either gravel or the
0r. equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
H. 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)
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)
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PRELIMINARY/HALL IRWIN,USR-1435,page 11
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin, Incorporated - Nissen Site
USR-1435
1. The Site Specific Development Plan and Use by Special Review for Mineral Resource
Development Facilities,including Open Pit Mining and Materials Processing,a Concrete and
Asphalt Batch Plant,a Concrete Recycling Facility and a landscape material sales yard. 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.
4. 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)
5. 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)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act,30-20-100.5, C.R.S.,as amended. (Department of Public
Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
9. 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)
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.,as amended. (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
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of Public Health and Environment)
PRELIMINARY/HALL IRWIN,USR-1435,page 12
12. 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)
13. The facility shall provide an adequate water supply for drinking and sanitary purposes.
(Department of Public Health and Environment)
14. Adequate handwashing and toilet facilities shall be provided for employees and patrons of
the facility. (Department of Public Health and Environment)
15. 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)
16.
17. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health and Environment)
18. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Public
Health and Environment)
19. The operation shall comply with all applicable rule and regulations of the Colorado Division
of Minerals and Geology. (Department of Public Health and Environment)
20. 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)
21.
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 Riverwhich 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. In accordance with the Above Ground Storage Tank Regulations(7CCR 1101-14)a spillage
retention berm shall be constructed around the tank battery. The volume retained by the
spillage berm should be greater that the volume of the largest tank inside the berm.
Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations. (Department of Public Health and Environment)
PRELIMINARY/HALL IRWIN,USR-1435,page 13
24. The Weld County Public Works has evaluated the existing road status of County Road 58
and County Road 47.5 for additional overlay requirements to accommodate the proposed
heavy hauling on this route. The materials department has evaluated the structural integrity
of the designated haul route and recommends the following: 1) From the main entrance to
County Road 58 to the intersection of County Road 47.5,a 1.5-inch overlay will be required.
2) On County Road 47.5 south to US Highway 34,a 2.5-inch overlay will be required at this
location. Both additional overlays are required to accommodate the proposed heavy hauling
on this route. (Department of Public Works)
25. All bridges are legal on the designated haul route. (Department of Public Works)
26. The applicant shall upgrade and pave the intersections in the designated haul route within
six months after its first shipment of gravel that has been mined from the site. (Department
of Public Works)
27. 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)
28. 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)
29. The posted speed limit at the site entrance is 30 MPH. (Department of Public Works)
30. All gravel trucks and other vehicles leaving the site shall not bring foreign materials onto the
roadways on their tires. The applicant shall pave a distance of one truck length from the
service yard to the public roadway. (Sheriff)
31. 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)
32. 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)
33. "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)
34. 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)
35. 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
PRELIMINARY/HALL IRWIN,USR-1435.page 14
shall not apply to operation of administrative and executive offices or repair and maintenance
facilities located on the property. (Department of Planning Services)
36. The hours of operation for the sale of landscape materials shall be limited to the hours of
daylight, Monday through Saturday. (Department of Planning Services)
37. 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)
38. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Department of Planning Services)
39. 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)
40. The plant material on site shall be maintained in accordance with the approved weed
eradication plan. (Department of Planning Services)
41. 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)
42. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
43. The property owner or operator shall report a spill of any toxic or hazardous substance
within the mined land permit area to any Division of Colorado Department of Public Health
and the Environment, the National Response Center, the Colorado Emergency Planning
Commission, any local Emergency Planning Commission, or the State Oil Inspector. The
mine operator shall notify the Division of Minerals and Geology(DMG)of a reportable spill
within the mined land permit area using the same timeframe required by the permit license,
notice,statute,rule or regulation governing the reporting of the spill to the other appropriate
agency. Notice of a reportable spill shall be FAXed to Minerals Program Supervisor,Division
of Minerals and Geology. FAX(303)832-8106. The FAX shall include a call back number
of a responsible company official for DMG staff to use as a contact. (Colorado Division of
Minerals and Geology)
44. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
45. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
46. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
PRELIMINARY/HALL IRWIN,USR-1435,page 15
47. 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.
48. 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.
49. 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)
50. 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/HALL IRWIN,USR-1435,page 16
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DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (970)304-6498
ik 1555 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
June 26, 2003 - .
Hall-Irwin Corporation
do Tetra Tech RMC
1900 Sunset Street,Suite 1-F
Longmont, CO 80501
Subject: USR-1435- Request for a Site Specific Development Plan and Use by Special Review for Mineral Resource
Development Facilities,including Open Pit Mining and Materials Processing,a Concrete and Asphalt Batch
Plant and a Concrete Recycling Facility on a parcel of land described as part of Lot B,Corrected 2ndAmRE-
1053; and part S2 of Section 12,T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
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 2,2003, at 1:30 p.m. This meeting will take place in Room
210,Weld County Planning Department, 1555 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 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 Greeley and Kersey Planning Commission for their review and
comments. Please call Greeley at(970)350-9780 and Kersey at(970)353-1681 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 Greeley and
Kersey 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 t`e Planning Commission
hearing to make arrangements to obtain 7,e recommendation.
If you have any questions concerning this matter, please call.
Respec:,Ily,
m le
�!annei)1/4,
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 03 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLI ALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR use. ' )4435 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
VONEEN MACKLIN
{Name of Person Posting Sign
fat 60
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me thi ) day of , 2003.
WITNESS my hand and official seal.
Notary Public
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FIELD CHECK
CASE NUMBER: USR-1435 DATE OF INSPECTION: O7/12/63
APPLICANT'S NAME: Hall-Irwin Corporation
PLANNER: Kim Ogle
REQUEST: Site Specific Development Plan and Use by Special Review for Mineral Resource Development
Facilities, including Open Pit Mining and Materials Processing, a Concrete and Asphalt Batch
Plant and a Concrete Recycling Facility.
LEGAL DESCRIPTION: Part of Lot B, Corrected 2ndAmRE-1053; and part S2 of Section 12, T5N, R65W
of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 58 (East ferStreet)and 1/4 mile west of CR 47 1/2.
LAND USE:
N PLATTE sR\VG,2 w Cti-‘ 11?-665
E A6 w'f\ " ZuuAnu 45 2. e -
s oPETa j E-A � t?-6Fs5 Mo 14. 'l-s1-is P E-
w Fl kvte. .v&4 L 40w s 114 uote
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
D A'WJA-G&us 't-v tads ? a-. Vga&ttr( uEs Etir1
Posh Q-VPERAes 'Ct bC ? N G- rpfreem Gca up D
11- L
P.C. Member ��Z�9�E�
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FIELD CHECK inspection date: July 31, 2003
CASE NUMBER: USR-1435
APPLICANT: Hall-Irwin Corporation
LEGAL Part of Lot B, Corrected 2ndAmRE-1053; and part S2 of Section 12, T5N, R65W of
the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 58 (East 16`"Street)and 1/4 mile west of CR 47 1/2
Zonina Land Use
N A(Agricultural) N AGRICULTURAL/ RIVER
E A(Agricultural) E AGRICULTURAL/RESIDENTIAL
S A(Agricultural) S AGRICULTURAL/ RESIDENTIAL SOUTH OF CR 58
W A(Agricultural) W AGRICULTURAL/ RIVER
COMMENTS:
THE PROPERTY LIES LOW TO SURROUNDING PROPERTIES. THERE IS A BERM/ LEVEE
ADJACENT TO THE RIVER'S EDGE TO THE WEST AND NORTH. THE PROPERTY IS
FENCED AND POSTED. THREE POINTS OF INGRESS AND EGRESS ARE PRESENT, ONE
HAS A FARM SWING GATE AND IS LOCATED IMMEDIATELY EAST OF THE BRIDGE ALL
/'` OTHER POINTS OF ACCESS ARE NOT REGULATED.
THE LAND APPEARS TO HAVE BEEN PLANTED IN A ROW CROP HOWEVER THERE IS
NOT A CROP PRESENT THIS YEAR. RIPARIAN VEGETATION IS APPARENT AT THE
EDGES OF THE PROPERTY ADJACENT TO THE RIVER'S EDGE AND TERRACED BANK
AREA.
TWO RESIDENTIAL STRUCTURES ARE IN CLOSE PROXIMITY TO THIS PROPOSAL. THE
FIRST RESIDENTIAL STRUCTURE TO THE SITE IS LOCATED EAST AND ADJACENT TO
THE EAST PROPERTY LINE APPROXIMATELY 700 FEET WEST OF THE CENTERLINE OF
CR 47 '/2. THE SECOND RESIDENTIAL STRUCTURE IS LOCATED SOUTH THE SOUTH
EAST CORNER OF THE PERMIT AREA APPROXIMATELY 350 FEET FROM THE
PROPOSAL.
OTHER RESIDENTIAL STRUCTURES ARE EAST OF CR 47 '/2 SOUTH OF CR 58. ALL
RESIDENTIAL STRUCTURES IN THIS AREA ARE APPROXIMATELY 1000 FEET OR MORE
FROM PERMIT BOUNDARY.
THE PLUMB DITCH RUNS PARALLEL TO THE PROPERTY ALONG THE EAST AND
SOUTH PROPERTY LINES.
r
Kim Planner
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