HomeMy WebLinkAbout20033030.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, along with moving of 3 L&M, that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission
that the application for:
CASE NUMBER: USR-1435
APPLICANT: Hall-Irwin Corporation
PLANNER: Kim Ogle
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.
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 and a material sales yard.
LOCATION: North of and adjacent to CR 58 (East 16th Street)and 1/4 mile west of CR
47 %.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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."
maim (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
�t.9Q_ 1. s . _ 2003-3030
Resolution USR-1435
Hall Irwin
Page 2
i-. 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 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-
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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.
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 Planning Commission's 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 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 t hen a dequately a ccommodated i n the a bsence oft hese a greements.
Information should be developed which would indicates how the wells and facilities will be
protected in the event no agreement is reached. This should include a discussion by
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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)
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 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)
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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)
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
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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)
4. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of Minerals and
Geology P ermit, Mined L and Reclamation Permit 1 12 t o conducts urface 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 i s required for the proposed office and s hall b e
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 comply with 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
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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)
G. 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)
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)
I. 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)
J. 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)
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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin, Incorporated - Nissen Site
USR-1435
erk
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. 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 operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
8. 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)
9. 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)
10. 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)
11. 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)
12. The facility shall provide an adequate water supply for drinking and sanitary purposes. (Department
of Public Health and Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
14. 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)
15. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
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16. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Public Health and
Environment)
17. The operation shall comply with all applicable rule and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
18. 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)
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. (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)
20. 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)
21. 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)
22. All bridges are legal on the designated haul route. (Department of Public Works)
23. 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)
24. 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)
25. 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)
26. The posted speed limit at the site entrance is 30 MPH. (Department of Public Works)
27. 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)
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28. 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)
29. 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)
30. "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)
31. 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)
32. 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)
33. 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)
34. 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)
35. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
36. 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)
37. The plant material on site shall be maintained in accordance with the approved weed eradication plan.
(Department of Planning Services)
38. 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)
39. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
40. 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
/0".. Division of Minerals and Geology)
Resolution USR-1435
Hall Irwin
Page 4
41. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
42. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
43. The property owner or operator shall be responsible for complying with the Open-mining Standards
of Section 23-4-250, Weld County Code.
44. 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.
45. 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.
46. 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)
47. 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.
Motion seconded by Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 2, 2003.
Dated the 2n° of September, 2003.
1,At&n_CL r
Voneen Macklin
Secretary
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