HomeMy WebLinkAbout20033029.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1435 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING, A CONCRETE AND ASPHALT
BATCH PLANT, A CONCRETE RECYCLING FACILITY, AND A MATERIALS SALES
YARD IN THE A(AGRICULTURAL) ZONE DISTRICT - HALL-IRWIN CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 19th day of
November,2003,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Hall-Irwin Corporation,30264th Avenue,P.O. Box 2150,Greeley,Colorado 80632,
for a Site Specific Development Plan and Use by Special Review Permit #1435 for Mineral
Resource Development Facilities,including Open Pit Mining and Materials Processing,a Concrete
and Asphalt Batch Plant, a Concrete Recycling Facility, and a Materials Sales Yard in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of Lot B of Corrected Second Amended
Recorded Exemption#1053; and part of the S1/2 of
Section 12,Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Danna Ortiz, Tetra Tech RMC, Inc., 1900
South Sunset Street, Suite 1-F, Longmont, Colorado 80501, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinances in effect.
Section 22-5-80.6(CM.Goal 2)states,"Promote the reasonable and orderly
development of mineral resources." The proposed use will be compatible
with surrounding properties,which include agricultural lands to the east and
south,and the South Platte River to the west and north,immediately adjacent
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SPECIAL REVIEW PERMIT#1435 - HALL-IRWIN CORPORATION
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to the site. Additionally,there are several residences with agricultural uses
south of the proposal, adjacent to Weld County Road 58, east of Weld
County Road 47.5. The property to be mined contains no "Prime"
agricultural lands, thus, no prime farm land will be taken out of production
with this proposal. Section 34-1-305,C.R.S.,addresses the preservation of
commercial mineral deposits for extraction, as follows:
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 orfuture 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
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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 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A and 23-3-40.A.4 of the
Weld County Code provide for Mineral Resource Development Facilities,
including Open Pit Mining and Materials Processing,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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding land uses are
residential and agricultural. There are 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, Inc.,
utilizing the year 2000 Terracon study for this property. Based on the
analysis and professional recommendation by Mr. 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 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities. 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 Weld 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 Weld County
Road 58; and the second is south of the Plumb Ditch near the east property
line. The Town of Kersey is approximately two miles east of the permit area,
and the City of Greeley is 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 staff,in a referral received July28,
2003, stated they had reviewed the request and found no conflict with their
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interests. The Weld County Department of Planning Services 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 23-2-230.6.5--The application complies with Section 23-5-200 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area as shown on FIRM Community Panel
Map #080266 0645C, dated September 28, 1982. The Conditions of
Approval and Development Standards address the issue of the floodplain.
Section 22-5-80.E.1.d(CM.Policy5.4)states,"the operation will comply with
the County flood hazard regulations...." Further,Section 22-5-80.6 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 23-2-230.B.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 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 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
h. Section 23-4-250 -- Additional requirements for Open-mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 Weld County Code.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Hall-Irwin Corporation fora Site Specific Development Plan
and Use by Special Review Permit#1435 for Mineral Resource Development Facilities, including
Open Pit Mining and Materials Processing, a Concrete and Asphalt Batch Plant, a Concrete
Recycling Facility,and a Materials Sales Yard in the A(Agricultural)Zone District on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
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 60 days of approval by the Board of County Commissioners.
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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.
2) All plats shall be labeled USR-1435.
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.
4) The location of any on-site signs.
5) The approved Landscape, Screen and Berm Plan.
6) The permit boundary for the mining operation shall align itself with the
legal descriptions of the parcels noted in the application.
7) Weld 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 Weld County Road 58 shall be
delineated on the plat as right-of-way dedicated for future expansion
of Weld County Road 58. This road is maintained by Weld County.
8) Weld 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 Weld County
Road 47.5 shall be delineated as 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.
9) The intersection of Weld County Roads 58 and 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.
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10) The intersection of State Highway 34 and Weld County Road 47.5:
The right turn radius should be widened to accommodate trucks
turning westbound on to U.S. Highway 34. There is a deceleration
lane and a left turn slot in place; the applicant shall verify with the
Colorado Department of Transportation (CDOT)for any additional
requirements. Upon approval from CDOT and the Department of
Public Works, this shall be delineated on the plat.
11) All proposed lanes and turning radiuses shall be widened to
accommodate trucks. The intersection design improvements shall
take into consideration the right-of-way, drainage, utility, and other
such issues.
B. 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.
C. The applicant shall submit a Landscape Plan identifying the number, size,
and species of all plant material to the Weld County Department of Planning
Services for review and approval. This plan shall include specifications of
any proposed berms. The proposed berms will be extended to mitigate
impacts to surrounding properties and adjacent road rights-of-way. Any
berm placed in the 100-year floodplain of the South Platte River cannot
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.
D. The applicant shall dedicate an additional 10-foot right-of-way adjacent to
Weld County Road 58 to accommodate improvements at this location. This
should be shown on the plat drawing.
E. The applicant shall enter into a Road Maintenance and Improvements
Agreement for the designated haul route. The site plan disbursal indicates
that 100 percent of the traffic will travel east to Weld County Road 47.5 then
south to U.S. Highway 34 and disburse east and west. From this
disbursement, the designated haul route appears to be Weld County
Road 58 east to Weld County Road 47.5 and then south to U.S. Highway 34.
The applicant shall provide written documentation of a change in the haul
route for traffic to the west on Weld County Road 58 to the Department of
Public Works at least two weeks prior to project operations.
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F. 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 Weld County
Road 47.5 and U.S. Highway 34 with both CDOT and the Weld County
Department of Public Works.
3. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of
Minerals and Geology Mined Land Reclamation Permit 112 to conduct
surface extraction of construction materials and reclamation of said lands
identified as the Nissen Site.
B. Proper Building Permits shall be obtained in accordance with the referral
response from the Weld County Department of Building Inspection, dated
September 5,2001,prior to any construction,demolition,or excavation. Part
of the permit application process includes a complete plan review.
C. Site drawings shall be submitted to the Platte Valley Fire Protection District.
Evidence of an attempt to comply with the Fire District requirements shall be
submitted to the Weld County Department of Planning Services.
D. 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(ADA). Each
space shall be equipped with guards where needed to prevent vehicles from
extending beyond the boundaries of the spaces and from coming into contact
with other vehicles, walls, fences, or plantings.
E. The applicant shall provide evidence from 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.
F. 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.
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4. Prior to the Building of any Structure:
A. Prior to installation of the concrete and/or asphalt batch plants and/or
landscape materials operation, an individual sewage disposal system is
required for the proposed office and shall be installed according to the Weld
County Individual Sewage Disposal System (I.S.D.S.) Regulations. The
septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
The installation of the septic system shall comply with the Weld County
I.S.D.S. Floodplain Policy.
B. The applicant shall provide evidence that the facility has an adequate water
supply for drinking and sanitary purposes.
5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued,on the property until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Dark] E. Long, Chair
Weld County Clerk to. �� . �' �,�
Robert D. s en, Pro-Tern
BY: -S4a . ek.n,. ..
Deputy Clerk to the�t, ��
M. J. eile
AP D F> fO M: 1 / Y
William H. Je
ounty Attorney ,, jai/ /
Glenn Vaa _ -
Date of signature: <5°
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HALL-IRWIN CORPORATION
USR#1435
1. The Site Specific Development Plan and Use by Special Review Permit#1435 is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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.
4. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
8. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
10. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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.
12. The facility shall provide an adequate water supply for drinking and sanitary purposes.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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14. In the event washing of vehicles will occur on the site the applicant shall ensure that any
vehicle washing area(s)shall capture all effluent and prevent discharges from the washing
of vehicles in accordance with the Weld County Code, the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
15. The operation shall comply with the Occupational Safety and Health Act (OSHA).
16. The site shall comply with the Mine Safety and Health Act (MSHA).
17. The operation shall comply with all applicable rule and regulations of the Colorado Division
of Minerals and Geology.
18. Portable toilets may be utilized on sites which are temporary locations of the working face
and portable processing equipment, etcetera, for up to six months at each location.
19. 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 100-year floodplain of the South
Platte River which would obstruct passage of flood flows.
b. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that
might wash away during flooding shall be securely anchored and adequately
flood-proofed to avoid creation of a health hazard. Following completion of mining,
all temporary buildings shall be removed.
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.
21. The Weld County Department of Public Works has evaluated the existing status of Weld
County Roads 58 and 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 Weld County Road 58 to the intersection of Weld County Road 47.5,a 1.5-
inch overlay will be required.; 2) On Weld County Road 47.5, south to U.S. Highway 34, a
2.5-inch overlay will be required. Both additional overlays are required to accommodate the
proposed heavy hauling on this route.
22. All bridges are legal on the designated haul route.
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.
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.
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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.
26. The posted speed limit at the site entrance is 30 miles per hour.
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.
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.
29. The operation shall comply with all applicable rules and regulations of the Federal
Emergency ManagementAgency(FEMA),including a Letter of Map Revision,if determined
to be applicable.
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.
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.
32. Pursuant to Section 23-4-290.C of the Weld County Code,the hours of operation for sand
and gravel operations will be limited to the hours of daylight,Monday through Saturday,with
no operations on Sunday, 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.
33. The hours of operation for the sale of landscape materials shall be limited to the hours of
daylight, Monday through Friday, and from 7:00 a.m. to 12:00 p.m. on Saturday, with no
operations on Sunday.
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.
35. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
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 Chapter 15, Articles I and II, of the Weld County Code.
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37. The plant material on the site shall be maintained in accordance with the approved Weed
Eradication Plan.
38. A proponent of the project shall notify the Department of the Army, Corps of Engineers,for
proper Department of the Army permits or changes in permit requirements pursuant to
Section 404 of the Clean Water Act, 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 takes place at this site.
39. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
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 the 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 of a
reportable spill within the mined land permit area using the same time frame 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 (DMG), at (303) 832-8106. The FAX shall
include a call back number of a responsible company official for DMG staff to use as a
contact.
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 Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing Standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval of
an amendment of the Permit by the Weld County Board of County Commissioners before
such changes from the plans or Development Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
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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 Chapter 23, Division 4, of the
Weld County Code in order to reestablish any Use by Special Review.
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.
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