HomeMy WebLinkAbout20012644 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1346 FOR AN OPEN PIT SAND AND GRAVEL MINING OPERATION,
INCLUDING THE CONVEYANCE OF EXCAVATED SAND AND GRAVEL,
IMPORTATION OF SAND AND GRAVEL MATERIALS, PROCESSING AND SALE IN
THE A(AGRICULTURAL) ZONE DISTRICT -WESTERN MOBILE, INC.
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 10th day
of October, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Western Mobile, Inc., P.O. Box 215001, Denver, Colorado 80221, for
a Site Specific Development Plan and Use by Special Review Permit#1346 for an Open Pit
Sand and Gravel Mining Operation, including the conveyance of excavated sand and gravel,
importation of sand and gravel materials, processing and sale in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Parts of Sections 20 and 29, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant and property owner were represented by David Bailey,
attorney, 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.B.1 (CM. Goal 2) states, "Promote the reasonable and orderly
development of mineral resources." The property is designated as
"irrigated, not prime" by the U.S.D.A. Soils Map and is currently in pasture
grasses. No prime farmground will be taken out of production with this
proposal.
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SPECIAL REVIEW PERMIT#1346 -WESTERN MOBILE, INC.
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b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld
County Code provides for open pit mining and materials processing
subject to a Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. There are sand and
gravel mining operations west and east of this property, permitted by
Special Use Permits #29 and #260, and Use by Special Review
Permits #495 and #961. There are agricultural uses, oil and gas
production operations, recreational uses, and low density residential
developments, including the Continental View Pond and Reflection Bay
Planned Unit Developments. These Planned Unit Developments are
located to the southwest of the proposed Shaw south parcel, with
construction still occurring on both of the subdivisions. The Shaw south
parcel will begin mining operations in December 2001, with reclamation to
be completed by May 1, 2002. The Department of Planning Services is
requiring a Landscape/Buffering Plan, particularly on the west property
line, adjacent to these subdivisions, to mitigate any incompatibilities. Due
to the short duration of this permit, incompatibilities will be at a minimum.
d. Section 23-2-230.B.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 City of Longmont returned a referral on July
3, 2001, and indicated no conflicts with its interests.
e. Section 23-2-230.B.5—The application complies with Section 23-5 of the
Weld County Code. Effective December 1, 1999, building permits issued
on the lot will be required to adhere to the fee structure of the Southwest
Weld Road Impact Program, Area 2. Further, the site is located within
the One Hundred (100) Year Flood Plain as shown on F.I.R.M.
Community Panel Map #080266-0850C, dated September 28, 1982.
Conditions of Approval and Development Standards have been included
to ensure the operation will comply with Section 22-5-80.E.2.d of the
Weld County Code and F.E.M.A. flood hazard requirements.
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 proposed site is designated "irrigated land, not prime"
by the U.S.D.A. Soil Conservation Services.
g. Section 23-2-230.B.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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Western Mobile, Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1346 for an Open Pit Sand and Gravel
Mining Operation, including the conveyance of excavated sand and gravel, importation of sand
and gravel materials, processing and sale in the A (Agricultural) Zone District on the
hereinabove described parcel of land 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.
2. Prior to recording the plat:
A. The applicant shall submit a letter from the United States Department of
the Interior, Fish and Wildlife Services, indicating if surveys will be
required for any threatened or endangered species including, but not
limited to, the Ute Ladies-tresses orchid and the Preble's Meadow
Jumping Mouse. If a survey is required, the survey will be conducted and
submitted to the Department of Planning Services. If endangered or
threatened species are found at the site, mitigation techniques approved
by the United States Department of the Interior, Fish and Wildlife
Services, shall be submitted to the Department of Planning Services.
B. The applicant shall submit a detailed drawing of the truck crossing
location, including distance from the intersection, width of the crossing,
the type of crossing (gravel or pavement), and appropriate signage. All
items must be reviewed and approved by the Traffic Engineer for the
Weld County Department of Public Works.
C. The applicant shall submit a copy of an agreement with the Houck
Number 2 Ditch Company, stipulating that the ditch activities have been
adequately incorporated into the design of the site.
D. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application to the Air Pollution Control Division of the Colorado
Department of Health and Environment for emissions of criteria,
hazardous, or odorous air pollutants.
E. Submit a Dust Abatement Plan to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment for approval prior to operation.
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F. If applicable, a NPDES Permit shall be obtained from the Water Quality
Control Division of the Colorado Department of Public Health and
Environment for any proposed discharge into State waterways.
G. In accordance with the Above Ground Storage Tank Regulations (7 CCR
1101-14), a spillage retention berm shall be constructed around the tank
battery. The volume retained by the spillage berm should be greater than
the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground
Storage Tank Regulations.
H. The applicant shall provide evidence that the facility has an adequate
water supply (i.e., well or community water system).
The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and 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).
J. The applicant shall apply for and be approved for a Flood Hazard
Development Permit for any development that will increase or decrease
the base flood elevation in the flood plain as delineated on FIRM
Community Panel Map#080266-0850C, dated September 28, 1982.
K. In accordance with Section 23-4-290 of the Weld County Code, the
applicant shall furnish evidence of insurance to the extent of not less than
One Hundred Thousand dollars ($100,000.00) against liability for any
negligent act or omission by the operator from the operation or
maintenance of the sand and gravel pit and the extraction and production
of sand and gravel and all activities connected with or incidental thereto.
L. The applicant shall submit evidence to the Weld County Department of
Planning Services indicating that the Gravel Well Permit and Temporary
Substitute Supply Plan has been approved by the Colorado State
Engineer's Office.
M. The applicant shall submit plans for the installation of tanks for flammable
or combustible liquids storage and dispensing to the Mountain View Fire
Protection District for review and approval. Evidence of approval shall be
submitted to the Weld County Department of Planning Services.
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N. The applicant shall attempt to address the concerns of the Colorado
Division of Wildlife, as indicated in its referral response received on
June 28, 2001. Evidence of such shall be submitted to the Weld County
Department of Planning Services.
3. The applicant shall submit to the Weld County Department of Planning Services,
a copy of an agreement with the property mineral owners stipulating the oil and
gas activities have adequately been incorporated into the design of the site. In
the absence of such agreement, a hearing shall be held before the Board of
County Commissioners on November 14, 2001, at 10:00 a.m., to resolve the
issue of oil and gas activities on the site.
4. 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 10th day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
/
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ATTEST: � +
`.�����, .�y. J eile, Ch it
Weld County Clerk to the . i ;� -Pin
�, ^�� lenn Vaad,
BY: G./.! . • [hf�;_ ( I .' \ i' _
Deputy Clerk to the Board �y/f� �4
Willi . Jerke
APPR D AS T M: e-
avid E. ong
unty ttorne ,
obert D. Masden
2001-2644
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WESTERN MOBILE, INC.
USR#1346
1. The Site Specific Development Plan and Use by Special Review Permit is for an Open Pit
Sand and Gravel Mining Operation, including the conveyance of excavated sand and
gravel, importation of sand and gravel material, processing and sales 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. The facility shall operate in accordance with the approved Dust Control Plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
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. Fugitive dust shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103 C.R.S.
9. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
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 operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
12. 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.
13. Adequate handwashing and toilet facilities shall be provided for employees.
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14. The operation shall comply with the Occupational Safety and Health Act (OSHA).
15. The operation shall comply with the Mine Safety and Health Act (MSHA).
16. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etc., for up to six months at each location.
17. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 2.
18. The landscaping on site shall be maintained in accordance with the approved
Landscape/Buffering Plan.
19. The sand and gravel operation shall comply with operation policies identified in
Section 23-4-290 of the Weld County Code.
20. Section 23-4-290 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.
21. 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.
22. 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 15-1-10, Articles I and II, of the Weld County Code.
23. Setbacks to a mining operation are measured from the future right-of-way line, plus the
standard setbacks for mining as indicated in Section 23-4-290.A.of the Weld County Code.
24. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
25. 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.
26. All signs shall adhere to Section 23-4-90 of the Weld County Code and shall require
Building permits.
27. All buildings shall require building permits and review through the Weld County Department
of Building Inspection.
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28. All operations shall conform with Weld County Flood Regulations including:
a. No fill, berms, or stockpiles shall be placed in the One Hundred (100) Year Flood
Plain 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.
29. The Department of the Army, Corps of Engineers, shall be notified by the applicant 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 proposal requires the
placement of dredged or fill material or any excavation associated with a dredged or fill
project, either temporary or permanent, in waters of the United States, at this site. Any
other requirements of the Corps of Engineers shall be addressed by the applicant and
evidence submitted to the Department of Planning Services.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
34. 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.
35. 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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