HomeMy WebLinkAbout20012116 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Platte Sand and Gravel LLC Case Number USR-1306
Submitted or Prepared
Prior to At Hearing
Hearing
1 Board of County Commissioners Comments
2 Staff Comments ( 16 pages) X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Application (44 pages) X
6 Legal Notifications (3 pages) X
7 Referral list X
8 Field Check, Commissioner Folsom X
9 Colorado Division of Wildlife referral received 11-13-2000 X
10 Weld County Department of Building Inspection referral X
received 12-26-2000
11 Colorado Water Conservation Board, referral received 1-02- X
2001
12 State of Colorado Division of Minerals and Geology, referral X
received 1-03-2001
13 State of Colorado Division of Water Resources, referral X
received 1-05-2001
14 Colorado Natural Heritage Program, referral received 1-05-2001 X
15 Dept. of the Army, Corps of Engineers referral received 1-08- X
2001
16 Weld County Department of Public Health & Environment, X
referral received 1-08-2001
17 Weld County Department of Public Health & Environment, X
referral received 1-16-2001
18 Colorado Historical Society, referral received 1-10-2001 X
19 Colorado Dept.of Transportation, referral received 1-10-2001 X
20 Town of Platteville, referral received 1-11-2001 X
21 Weld County Department of Zoning Compliance, referral X
received 1-17-2001
22 Xcel Energy (Public Service) referral received 1-17-2001 X
23 Weld County Dept.of Public Works, referral received 1-24-2001 X
t 7
2001-2116 s
24 Weld County Sheriff's Office, referral received 1-25-2001 X
25 Lind, Lawrence and Ottenhoff, LLP, Counsel for the Western X
Mutual Ditch Company, referral received 1-29-2001
26 Town of Milliken, referral received 1-31-2001 X
27 Colorado Division of Wildlife referral received 2-07-2001 X
28 Xcel Energy (Public Service) referral received 2-07-2001 X
29 Weld County School District RE-1, referral received 2-08-2001 X
29A Weld County Department of Public Health & Environment,
referral received 2-13-2001 X
30 8 1/2 X 11 maps submitted by applicant(2 pages) X
31 Deed (4 pages) X
32 Surrounding Property Owners, Surface &Subsurface(12 X
pages)
33 Letter from Norman &Judith Swank, received 1-04-2001 X
34 Letter from Gary Tuttle, received 1-16-2001 X
35 Letter from Marty Block, Public Service of Colorado, received X
1-16-2001
36 Letter from Edward Wolfe received 2-05-2001 X
37 Letter from Kris Mattingly received 2-07-2001 X
38 Letter from United Neighbors received 2-07-2001 X
39 Letter from Stanley & Mary Odenbaugh received 2-07-2001 X
40 Letter from Christy Hinkle received 2-07-2001 X
41 Letter from Mike and Kim Youel received 2-07-2001 X
42 Letter from Virgil Dent, received 2-8-2001 X
43 Letter from Robert Hood received 2-08-2001 X
44 Letter from Gale Broberg-Scott, received 2-08-2001 X
45 Letter from Michael Ptasnik, received 2-08-2001 X
46 Letter from Mike and Kim Youel to the Planning Commission, X
received 2-08-2001
47 Letter from Ed & Linda Printz, received 2-08-2001 X
48 Letter from Dave and Jill Eldredge, received 2-08-2001 X
49 Letter from Donald & Barbara Boos, received 2-09-2001 X
50 Letter from Linda Pyeatt, received 2-09-2001 X
51 Letter from Kathryn Hardin, received 2-09-2001 X
52 Letter from Royce Reinick, received 2-09-2001 X
53 Letter from Bob&Anne Martin, received 2-12-2001 X
54 Letter from Stacey Odenbaugh, Brenda Odenbaugh &Shirley X
Odenbaugh, received 2-12-2001
55 Letter from Michael Decker received 2-12-2001 X
56 Letter from Letter from Kristi Plutt, received 2-12-2001 X
57 Letter from Jean Bradenburg & Bruce Rippe, received 2-13- X
2001
58 Signature Letter from United Neighbors received 2-13-2001 X
59 Utilities (9 pages) X
60 Soil Survey (14 pages) X
PC Exhibits X
61 Letter from Mike and Gina DePratt received 2-13-2001 X
62 Letter from Randy Ebert received 2-14-2001 X
63 Letter from Beth K. Decker received 2-14-2001 X
64 Letter from Claire&James Brouhard received 2-14-2001 X
65 Letter from Newt Bostron received 2-14-2001 X
66 Letter from Melissa Stone received 2-15-2001 X
67 Letter from Paula & Delbert Ruppel received 2-15-2001 X
68 Letter from Eileen Hunter received 2-15-2001 X
69 Letter Lauri Frank received 2-15-2001 X
70 Letter Alan Frank received 2-15-2001 X
71 Letter from Patina Oil & Gas Corporation received 2-16-2001 X
72 Facsimile Letter from Davis Graham & Stubbs, LLP, legal X
counsel for HS Resources, Inc. received 2-16-2001
73 Facsimile Letter from Xcel Energy(Public Service Company), X
Fort St.Vrain Facility received 2-16-2001
74 Letter from George Mandel received 2-16-2001 X
75 Letter from John C. Briggs received 2-16-2001 X
76 Letter from Billie Jo and John Jameson received 2-16-2001 X
77 Facsimile Letter from Steve O'Brian of Environment, Inc., on X
behalf of Platte Sand and Gravel, LLC requesting a two week
continuance until March 6, 2001 received 2-19-2001
78 Memorandum from Department of Planning Services asking
Planning Commission for an indefinite continuance of USR
1306 as requested by applicant's representative, at the
hearing, dated 2-20-2001
79 Original Letter from Steve O'Brian of Environment, Inc., on X
behalf of Platte Sand and Gravel, LLC requesting a two week
continuance until March 6, 2001 received 2-20-2001
80 Letter from William Jay Crowley, President of South Platte X
Valley Historical Society received February 20, 2001
81 Letter from Ruth Gartrell of Platteville Historical Society X
received 2-20-2001
82 Letter from John & Marti Karich received 2-20-2001 X
83 Letter from Ray and Sandra Jameson received 2-20-2001 X
84 Letter from John Taylor, Platteville Chamber of Commerce X
received 2-20-2001
85 Letter from Susan Hoskinson, Fort Vasquez Museum received X
2-20-2001
86 Original Letter from Xcel Energy (Public Service Company), X
Fort St.Vrain Facility received 2-20-2001
87 Letter from Sandra,Jimmy & Kenneth Boos received 2-21-2001 X
88 Letter from Terrence&Anita Lovins received 2-21-2001 X
89 Letter from Richard & Barbara Lengel received 2-21-2001 X
90 Letter from Kelly Haney received 2-21-2001 X
91 Letter from Frank Stewart received 2-21-2001 X
92 Letter from Steve& Pam Howling received 2-22-2001 X
93 Letter to Stevan O'Brian dated 2-27-2001 X
94 Letter from Raymond &Sally Miller received 2-27-2001 X
95 Platteville/Gilcrest Fire Protection District facsimile referral X
received 3-5-2001
96 Letter to Stevan O'Brian dated 3-6-2001 X
97 E-mail Letter to Carl Mount, Division of Minerals and Geology X
dated March 5, 2001,from Mike Sherman, CDOW, copied to
Ogle, received 3-7-2001
98 Letter from Lind, Lawrence and Ottenhoff, LLP, Counsel for X
the Dr. Michael Ptasnik,with attached Leaf Engineering Report
for Ptasnik property received 3-7-2001
99 Platte Valley Soil Conservation District referral received X
3-20-2001
100 Letter from Lind, Lawrence and Ottenhoff, LLP, Counsel for X
the Dr. Michael Ptasnik,with attached Leaf Engineering Report
of March 26, 2001 for Ptasnik property received 4-2-2001
101 Letter from Timothy Carey, Department of the Army, Corps of X
Engineers to Steve O'Brian, Environment, Inc. received 4-2-
2001
102 Letter from Timothy Carey, Department of the Army, Corps of X
Engineers to Steve O'Brian, Environment, Inc. received 4-2-
2001
103 Letter from Timothy Carey, Department of the Army, Corps of X
Engineers to Steve O'Brian, Environment, Inc. received 4-2-
2001
104 Letter from Steve O'Brian, Environment, Inc., dated 4-12-2001 X
requesting hearing date of 5-15-2001
105 Letter from Steve O'Brian, Environment, Inc., dated 4-12-2001 X
notifying County of revised list of Consultants
106 Letter from LeRoy Carlson, US Dept.of Interior, Fish &Wildlife X
Service to Steve Butler, ERO Resources dated 3-1-2001
107 Letter from Greg Roush of Leonard Rice Consulting Water X
Eng'rs, Inc.to Sylvia Lewerke, City of Longmont dated 2-23-
_ 2001
108 Letter from Greg Roush of Leonard Rice Consulting Water X
Engineers , Inc.to Kathleen Sullivan, State Engineers Office
dated 3-1-2001
109 Letter from Greg Roush of Leonard Rice Consulting Water X
Engineers , Inc.to Kathleen Sullivan, State Engineers Office
dated 3-1-2001
110 Division of Minerals and Geology Application (DMG112) X
received 4-13-2001
110A S&H Mine, Pre-Mining Map dated 12-19-2000 X
110B S&H Mine, Mining Map dated 3-26-2001 X
110C S&H Mine, Reclamation Plan Map dated 12-20-2000 X
110D S&H Mine,Adequacy Exhibit 5,Wetlands Map dated 44-2001 X
111 Letter from Steve O'Brian, Environment, Inc., dated 4-16-2001 X
requesting hearing date of 6-19-2001
112 Letter from Douglas Dalton,Xcel Energy dated 4-16-2001 X
113 Letter from Applicant asking for Pre-Advertisement dated 5-10- X
2001
114 Letter from Ogle to O'Brian regarding Pre-Advertisement dated X
5-15-2001
115 Letter from Kris Pickett regarding Technical Revision of X
application dated 4-23-2001
116 Letter to SPOs notifying of change in hearing time and location X
dated 5-17-2001
117 Facsimile letter from Fred Ginsberg to L. Morrison dated 5-16- X
2001, received by Department of Planning Services 5-17-2001
118 Letter from Environment, Inc.to Ogle dated 5-17-2001 X
119 Letter from AgPro to Ogle dated 5-18-2001 concerning issues X
to be resolved prior to scheduling a BCC hearing (119A-119K)
119A Letter from Platteville Historical Society (Exhibit 81)with two X
graphic maps dated 2-16-2001, Maps 2-8-2001
119B Statement from Fred Ginsberg, applicant's attorney regarding X
status of Oil and Gas Agreements, no date
119C Letter to Steve Butler, ERO Resources from LeRoy W. Carlson, X
US Dept of Interior, Division of Fish and Wildlife dated 3-1-2001
119D Letter to Steve O'Brian, Environment Inc.,from Timothy Carey, X
Dept of the Army, Corps of Engineers dated 4-1-2001
119E Letter to Kim Lawrence, Lind, Lawrence &Ottenhoff, LLP from X
F. Ginsberg re:Western Mutual Ditch dated 5-16-2001
119F Letter to Lee Morrison,Asst. County Attorney from F. X
Ginsberg, re: Western Mutual Ditch dated 5-15-2001
119G Letter from Kenneth Knox, State Engineers Office to Greg X
Roush of Leonard Rice Consulting Water Engineers , Inc.
dated 3-30-2001
119H Letter to Steve O'Brian, Environment Inc.,from Timothy Carey, X
Dept of the Army, Corps of Engineers dated 4-1-2001
1191 Letter from Timothy Carey, Department of the Army, Corps of X
Engineers to Steve O'Brian, Environment, Inc. dated 4-1-2001
119J Letter from Mike Sherman, State of Colorado, Division of X
Wildlife dated 4-26-2001
119K Letter from Douglas Dalton to Ogle(Exhibit 112) dated 4-16- X
2001
120 Facsimile letter from P. Andrew Jones, Lind, Lawrence & 135 X
Ottenhoff, LLP to Ogle dated 5-22-2001, received 5-23-2001
121 Facsimile letter from P.Andrew Jones, Lind, Lawrence& X
Ottenhoff, LLP to Erica Crosby, Division of Minerals and
Geology dated 5-18-2001, received 5-23-2001
122 Letter from Senator Campbell to Weld County Commissioners X
dated 5-21-2001
123 Facsimile letter from P. Andrew Jones, Lind, Lawrence& X
Ottenhoff, LLP to Ogle dated 5-25-2001, received 5-25-2001
124 Facsimile letter from John Spillane of Deutsch, Spillane& x
Reutzel, P.C.,dated 5-29-2001, received 5-28-2001
125 5-24-01 Obrien letter re maps and series of maps x
126 letter from John Spillane of Deutsch, Spillane& Reutzel, P.C., X
dated 5-29-2001, received 5-30-2001 (duplicate of 124?)
127 Letter from Michael Pstanik to Ogle dated 5-30-2001, received x
5-30-2001
128 Electronic Mail Letter from Bruce Rippe to Ogle dated 5-30- x
2001, received 5-31-2001
129 Electronic Mail Letter from David J. Cooper to Lori Potter of x
Kelly[Haglund]Garnsey+Kahn LLC dated 5-15-2001, received 5-
31-2001 re cottonwoods
130 Letter from Grant and Nancy Fisher to Ogle dated May 22, x
2001, received 5-31-2001
131 Facsimile Letter from P.Andrew Jones, Lind, Lawrence& x
Ottenhoff, LLP to Ogle dated 5-25-2001, received 6-1-
2001(duplicate of 123?)
132 continuance Facsimile Letter from Erica Crosby, Division of x
Minerals and Geology to Rocky Hoffschneider, Platte Sand and
Gravel, LLC dated 5-29-2001, received 6-1-2001
133 Facsimile Letter from Erica Crosby, Division of Minerals and x
Geology to P.Andrew Jones, Lind, Lawrence&Ottenhoff, LLP
dated 5-29-2001, received 6-1-2001 re Western Mutual
134 Facsimile Letter from Cynthia Parker dated 6-4-2001, received x
6-4-2001 & frank stewart 2 exhibits same#
135 Letter from Nick&Joni Fisher dated 5-30-2001, received 6-4- x
2001 & map Bruce Rippe dots 2 exhibits same#
136 Bruce Rippe adams county 360 degrees photo x
137 Bruce Rippe photos of houses blue dots on ex 135 x
138 photo of trucks and silo Bruce Rippe x
139 recycling photo Bruce Rippe x
140 maintenance facility photo Bruce Rippe x
141 66 and 85 photo Bruce Rippe x
142 wcr 23 northbound photo Bruce Rippe x
143 wcr 23 and 36 photo Bruce Rippe x
144 tractor x
145 wcr 21 and state 66 X
146 bridge 321/2 and Platte river eastbound near 23 X
147 bridge near easement photo Bruce Rippe X
148 Andy Jones packet marked a-k X
149 flip chart from Jones X
150 John Spillane map of proposed PUD ( unplatted ) X
151 Ginsberg mineral resource map from 1975 X
152 Facsimile Letter from Frank Prager, attorney for Xcel Energy, X
dated 6-5-2001, received 6-5-2001
153 Gene Coppola Traffic Study dated May 7, 2001, received from
Kris Pickett, Pickett Engineering received 6-21-2001
154 Letter from Christine St.Vrain-Howard dated 6-25-2001
155 Letter from Bobby V. Hooser dated 6-26-2001
156 Weld County Dept. of Public Works, referral received 7-11-2001
157 Colorado History Society, Monument designation notice dated
5-18-2001
I hereby certify that the 183 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commissioners hearing. I further certify that these items were forwarded
to the Clerk to the Board's office.
•3 fanner II
Kim Ogle
fetvgLin
W■��� LAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1306 Hearing Date: February 20, 2001, cont
Hearing Date: March 6, 2001, cont
Applicant: Rocky Hoffschneider/Tom Sharkey Hearing Date: June 5, 2001
Platte Sand and Gravel, LLC
Address: 1300 Harlan Street, Lakewood, CO 80215
Request: A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development facilities including a Concrete,Asphalt and Pre-cast Batch
Plant and Gravel Mining in the A (Agricultural) Zone District
Legal Description: Parts of the SE4SE4 Section 23; Parts of the SE4NE4,SW4NE4, SE4SW4,
and SE4NW4 Section 26; Parts of the NE4NE4 and SE4NE4 Section 34
and parts of the NE4, NW4 and SE4SW4 Section 35,Township 4 North,
Range 67 and parts of the E2 and E2W2 Section 2, Township 3 North
Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 36; approximately 2640 feet South of
WCR 44 and West of and adjacent to Weld County Road 23
Area included in Use by Special Review
Size of Parcel:1620.41 +/- acres
Area to be Mined: 831.11 +/- 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:
• State of Colorado, Division of Wildlife, referral received 8-18-2000, 11-13-2000, 2-07-2001,
11-13-2000
• Weld County Department of Building Inspection, referral received 12-26-2000
• State of Colorado,Water Conservation Board, referral received 1-02-2001
• State of Colorado, Division of Minerals and Geology, referral received 1-03-2001
• State of Colorado, Division of Water Resources, referral received 1-05-2001
Colorado Natural Heritage Program, referral received 1-05-2001
• United States Army Corps of Engineers, referral received 1-08-2001 .e
• IXHIlIT
Weld County Department of Public Health and Environment, referral received 1-08-2001,
1-16-2001, 2-13-2001
• State of Colorado, Historical Society, referral received 1-10-2001
• Colorado Department of Transportation, referral received 1-10-2001
• Town of Platteville, referral received 1-11-2001
• Weld County Zoning Compliance, referral received 1-17-2001
• Public Service Company of Colorado (Xcel Energy), referral received 1-17-2001, 2-07-2001,
2-16-2001,2-20-2001,4-16-2001
• Weld County Department of Public Works, referral received 1-24-2001
• Weld County Sheriffs Office, referral received 1-25-2001
• Western Mutual Ditch Company do Lind, Lawrence&Ottenhoff, LLP, referral received 1-29-2001
• Town of Milliken, referral received 1-31-2001
• Weld County School District RE-1, Gilcrest-LaSalle-Platteville, referral received 2-08-2001
• Platteville-Gilcrest Fire Protection District, referral received 3-5-2001
• Platte Valley Soil Conservation District referral received 3-20-2001
The Department of Planning Services' staff has not received responses from the following
agencies:
• State of Colorado, Oil and Gas Conservation Commission
• Union Pacific Railroad
• United States Fish and Wildlife Service
• Milliken Fire Protection District
• Weld County Office of Emergency Management
SPECIAL REVIEW PERMIT
�r a� ADMINISTRATIVE REVIEW
I Igoe
COLORADO
Planner: Kim Ogle
Case Number: USR 1306 Hearing Date: February 20, 2001, cont
Hearing Date: March 6, 2001, cont
Applicant: Rocky Hoffschneider/Tom Sharkey Hearing Date: June 5, 2001
Platte Sand and Gravel, LLC
Address: 1300 Harlan Street, Lakewood, CO 80215
Request: A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development facilities including a Concrete,Asphalt and Pre-cast Batch
Plant and Gravel Mining in the A (Agricultural) Zone District
Legal Description: Parts of the SE4SE4 Section 23; Parts of the SE4NE4,SW4NE4, SE4SW4,
and SE4NW4 Section 26; Parts of the NE4NE4 and SE4NE4 Section 34
and parts of the NE4, NW4 and SE4SW4 Section 35,Township 4 North,
Range 67 and parts of the E2 and E2W2 Section 2, Township 3 North
Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 36; approximately 2640 feet South of
WCR 44 and West of and adjacent to Weld County Road 23
Area included in Use by Special Review
Size of Parcel:1620.41 +/- acres
Area to be Mined: 831.11 +/- acres Parcel Numbers: Various
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 22-5-80.8.1
Platte Sand 8 Gravel,LLC-USR 1306,page 3
(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 uses to the east, north and south. The South Platte River
is adjacent to the property to the west. Further, no prime farm land will be taken
out of production with this proposal.
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 of the Weld County Code provides
for Mineral Resource Development facilities including a Concrete,Asphalt and Pre-
cast Batch Plants and Gravel Mining 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. The proposal will be compatible with existing
surrounding land uses which include agricultural lands with scattered 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 agriculture. There are scattered rural
residences in the area. To the north is the Union Pacific railroad line,to the east is
irrigated crop land; to the south is river bottom land including riparian lands. The
west is bordered by the South Platte River, the land across the river is river bottom
lands and some crop land. There are five houses within five hundred (500)feet of
the permit area, three are owned by the land owners associated with this
application. The remaining two are located outside of the permit area. The Town
of Milliken is immediately north of and adjacent to the permit area, with the Town
of Platteville southeast of the property. The area to be mined is outside of the
Urban Growth Boundary areas for both of these municipalities. The Town of
Platteville in a referral dated January 11, 2001 voted unanimously against this
proposal as "the Commission feels that this does not comply with [the]
Comprehensive Plan. The Comprehensive Plan designates land up to WCR 36 as
Low Density, Low-Medium Density and High Density residential areas." Weld
County Planning Staff notes that this area is limited by flood plain and may be
unsuitable for residential development as outlined in Section 22-5-50.A.2.a specific
to open space, parks and recreation goals and policies. In a referral received
January 31, 2001, the Town of Milliken voted 6-1 to recommend denial of this
request on the basis that the Town of Platteville recommended denial based on
inconsistencies with the Town of Platteville Comprehensive Plan. Board members
expressed concerns about noise, dust, hours of operation and maintenance of the
area road system. 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.
Platte Sand&Gravel,LLC-USR 1306,page 4
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The proposal is located within the Flood Hazard Overlay District area
as shown on FIRM Community Panel Map #080266-0750C dated September 28,
1982. Conditions of Approval and Development Standards address the issue of the
flood plain. Section 22-5-80.E.2.d (CM.Policy 5.4)states"the operation will comply
with the County flood hazard regulations...." Further,Section 22-5-80.B.1 promotes
the reasonable and orderly development of mineral resources.
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. A majority of the property lies
within the one hundred (100) year flood plain that limits the agricultural
productiveness of the site. The area within the flood plain has historically been
utilized as pasture land.
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 insure 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 a 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.B 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 22-5-100.6.1 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."
Platte Sand&Gravel,LLC-USR 1306,page 5
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)
B. The applicant shall submit a letter from the United States Department of Interior,
Fish and Wildlife Service indicating if surveys will be required for threatened or
endangered plants and animals as outlined in a letter from the Colorado Natural
Heritage Program dated December 22,2000. If a survey is required,the survey will
be conducted and submitted to the Department of Planning Services. (Department
of Planning Services)
C. The applicant shall submit a signed copy of an agreement with the Western Mutual
Ditch Company regarding the requirements and concerns as outlined in the letter
from their legal counsel dated January 26, 2001. Evidence shall be submitted to
the Weld County Department of Planning Services for review and approval.
(Department of Planning Services)
D. The applicant shall submit a letter or provide evidence that an adequate attempt has
been made to mitigate the concerns of the Colorado Division of Wildlife indicating
that their concerns have been addressed as outlined in the letter dated August 18,
2000 and February 7, 2001 specific to the riparian vegetation and trees along the
river; the threatened or endangered plants and animals, i.e., Preble's meadow
jumping mouse, Ute Ladies'-tresses orchid,the numerous prairie dog colony(s),the
habitat for the western burrowing owls; and the Colorado butterfly plant. If a survey
and/or evaluation is required and is performed, the survey will be conducted and
submitted to the Department of Planning Services. (Department of Planning
Services)
E. The applicant shall submit a letter or provide evidence that an adequate attempt has
been made to mitigate the concerns of Public Service Company of Colorado (Xcel
Energy)indicating that their concerns have been addressed as outlined in the letter
dated February 6, 2001, specific to the twenty-four (24) inch high pressure gas
transmission line that traverses the property southwest to northeast. Second, the
issue of the 44kV and 230kV electric transmission lines shall be addressed relative
to the areas to be mined on the property. Evidence shall be submitted to the Weld
County Department of Planning Services for review and approval. (Department of
Planning Services)
F. This development will increase the traffic on Weld County Roads 23, 36 and 40
above the EPA guidelines. These are all gravel roads. A traffic impact study with
proposed mitigation will be required. Evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Dept. of Public Works, CDOT)
G. The applicant represents that the intended life of the Mineral Resource
Development facilities, including a Concrete,Asphalt and Pre-cast Batch Plant and
Gravel Mining,will not exceed 40 years. Reclamation may continue beyond the 40
Platte Sand&Gravel,LLC-USR 1306,page 6
year time frame permit and post mining uses will be allowed so long as they are
consistent with uses allowed by the Weld County Code in the Agricultural Zone
District as it exists at the time of expiration of this permit.
Notwithstanding the foregoing, neither the applicant nor his successors are
precluded from applying for an amendment to this permit which amendment shall
be reviewed and considered under the provisions of the Weld County Code and
other applicable law in effect at the time of application for amendment. Applicant
has waived any claim that the Weld County Code or the Vested Property Rights
Provisions of the Colorado Revised Statutes, C.R.S.§§24-68-101 et seq and other
statutory or Constitutional provisions preclude the Board of County Commissioners
from applying the Weld County Code as it exists at the time of the amendment.
Prior to or concurrent with the Board of County Commissioners hearing, applicant
and sand and gravel owners on behalf of the shareholders of Platte Sand and
Gravel, LLC and their heirs and successors in interest, shall enter into a written
development agreement with the Board of County Commissioners pursuant to
C.R.S. § 24-68-104(2). This agreement, in pertinent point, shall provide that any
vested rights created by statute would be modified by the terms of the agreement,
that the term of the Mineral Resource Development facilities special review permit
shall not exceed 40 years and that any amendment to this permit shall be reviewed
and considered under the provisions of the Weld County Code and other applicable
law in effect at the time of application for amendment. Furthermore, a failure to
abide by the terms and conditions of the permit will result in a forfeiture of vested
property rights. Such approval of the permit and site specific development plan
shall be subject to all rights of referendum and judicial review and subject to any
voter initiated Weld County Home Rule Charter amendments imposing new or
additional requirements on the operation of the Mineral Resource Development
facilities. As consideration for the agreement, the Board of County
Commissioners agrees that the property rights designated in C.R.S. 24-68-101 et
seq. As modified by this agreement, shall be extended to run for a period of 12
years from the notice of approval.
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The post mining reclamation plan shall adhere to the recommendations of
the Colorado Division of Wildlife as outlined in their referral letter dated
August 18, 2000 specific to the irregular shorelines and the construction of
a minimum of two islands per pond. Shorelines and island shapes including
depth of the pond shall include shallow waters enabling a diversification of
plant, aquatic plant and animal species to be established. (Department of
Planning Services, Division of Wildlife)
2) 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
and as outlined in the referral from Excel Energy dated January 12, 2001.
(Xcel energy)
Platte Sand&Gravel,LLC-USR 1306,page 7
3) The location of the twenty-four(24) inch high pressure gas line and electric
transmission lines that transects the site. (Department of Planning Services,
Xcel Energy)
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 location of the Bald Eagle roost approximately 1/2 mile above the
confluence of the South Platte and St. Vrain Rivers shall be delineated on
the plat. Further,as recommended by the Division of Wildlife in their referral
dated April 26, 2001, a one eighth mile buffer around the periphery of this
roost shall be delineated on the plat. (Department of Planning Services,
Division of Wildlife)
7) The location of the 20-25 acre conservation easement as agreed to in
principle with the Division of Wildlife as stated in their letter of April 26,2001.
(Department of Planning Services, Division of Wildlife)
B. The applicant shall remove or anchor any tires that may be washed downstream if
high water occurs in the river. The applicant shall provide written photographic
evidence to both the Weld County Departments of Planning Services and Public
Health and Environment that this item has been completed. (Department of Public
Health and Environment, Code Compliance)
C. The applicant shall remove and properly dispose all tires not being anchored for
erosion control and any other miscellaneous debris, i.e., appliances that exist on
site. The applicant shall provide written receipts and photographic evidence to both
the Weld County Departments of Planning Services and Public Health and
Environment that this item has been completed. (Department of Public Health and
Environment, Code Compliance)
D. An Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application must
be submitted to the Colorado Department of Health and Environment, Air Pollution
Control Division, Colorado Department of Public Health and Environment for
emissions from the mining operations. The site shall operate in accordance with all
applicable rules and regulations of the Air Pollution Control Division. (Department
of Public Health and Environment)
E. The applicant shall submit a NPDES Permit to the Water Quality Control Division
of the Colorado Department of Public Health for proposed discharge into State
waterways.Evidence of approval shall be submitted to the Weld County Department
of Planning Services. (Department of Public Health and Environment)
F. A Dust Abatement Plan shall be submitted to the Weld County Department of Public
Health and Environment, Environmental Health Services Division. Evidence of
approval from the Weld County Public Health and Environment shall be submitted
Platte Sand&Gravel,LW-USR 1306,page 8
to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
G. Environmental Health Services Division was unable to locate septic permits for the
septic systems within this USR boundary. The systems will require a Statement of
Existing and an I.S.D.S. Evaluation prior to the issuance of the required septic
permit(s). The review shall consist of observation of the system and an evaluation
of the system(s) ability to handle the proposed hydraulic load. In the event the
system(s)is found to be inadequate,the system(s)must be brought into compliance
with current I.S.D.S. Regulations. (Department of Public Health and Environment)
H. The septic system proposed for the office ranch complex shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of observation
of the system and a technical review describing the systems ability to handle the
proposed hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public health and Environment.
In the event the system is found to be inadequately sized or constructed,the system
shall be brought into compliance with current Regulations. (Department of Public
Health and Environment)
The facility shall submit a written plan and engineered design of a vehicle washing
area to the Weld County Department of Public Health and Environment for review
and written approval. The washing area shall be designed and constructed to
capture all effluent from drum washing and washing of vehicle exteriors. The plan
should address how water generated from the drum washing and washing of vehicle
exteriors will be recycled and any other information necessary to demonstrate that
the facility will be adequately constructed and operated to prevent discharges of
waste water. Evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
J. 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, if required.
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)
K. Further, the Landscape Plan shall be prepared in accordance with the
recommended trees, shrubs, conifers, grasses and legume species as outlined in
the referral dated August 18, 2000 from the Colorado Division of Wildlife.
(Department of Planning Services)
L. 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 0750 C,
dated September 28, 1982. (Dept. of Planning Services)
Platte Sand&Gravel,LLC-USR 1306,page 9
M. The applicant shall obtain a Flood Hazard Development Permit for any new
structures including parking areas. (Dept. of Planning Services)
N. Weld County Road 23 and Weld County Road 36 are both identified on the Weld
County Transportation Plan Map as local gravel,chemically stabilized roads. Weld
County Road 23 had an average daily traffic(ADT)count of 145 vehicles,and Weld
County Road 36 had an ADT count of 173 vehicles. Both traffic counts were taken
in November 1999. Weld County Road 32.5 is the nearest paved road south of the
facility and it had an average traffic count 982 vehicles taken in May 1999.
This development will increase the traffic on Weld County Roads 23, 36 and 40
above the EPA guidelines. These are all gravel roads. A traffic impact study with
proposed mitigation will be required. Evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Dept. of Public Works)
All new commercial development that exceeds the ADT of more than 200 vehicles
will be required to submit a traffic study as a part of the review process. The study
shall include a description of the project,vehicle traffic generation and distribution,
verification of adequate acceleration, deceleration and storage facilities at all
impacted intersections, review of bridge capability, intersection level of service,
analysis for existing and proposed conditions, recommendation for the needs and
upgrades to transportation infrastructure to support the development. (Dept. of
Public Works)
O. The designated haul route will impact both U.S. Highway 85 and State Highway 66;
therefore, the Colorado Department of Transportation (CDOT) shall review the
traffic impact study to determine any additional needs that may be required.
Further,the port-of-entry weigh station is within the five-mile radius of the proposed
facility. CDOT may require additional permits as the main designated haul route
bypasses the port-of-entry. Evidence of CDOT approval shall be submitted to the
Weld County Department of Planning Services. (Dept. of Public Works)
P. The Weld County Public Works Department will require an Off-Site Road
Improvements Agreement for the designated haul routes. The Improvements
Agreement shall be reviewed by the County; collateral shall be tendered to cover
the improvements and the Improvements Agreement shall accepted by the Board
of County Commissioners. The traffic impact study will determine the proposed
haul routes,improvements,and maintenance requirements to mitigate the proposed
roadway use. (Dept. of Public Works)
Q. The applicant shall attempt to address the concerns of the Weld County Sheriff's
Office as outlined in their letter dated January 15, 2001. Evidence of Weld County
Sheriff's Office approval shall be submitted to the Weld County Department of
Planning Services. (Dept. of Planning Services)
R. The applicant shall submit evidence that a Plan is in place to eradicate the noxious
weeds(Leafy Spurge, Russian Knapweed, Diffuse Knapweed, Spotted Knapweed,
Platte Sand&Gravel,LLC-USR 1306,page 10
Canada Thistle, Musk Thistle,Scotch Thistle and Field Bindweed,etc.)and all other
noxious plants have been eradicated from the property. The applicant should
contact Ron Broda of the Department of Public Works to schedule a time to address
this issue. Evidence of Weld County Department of Public Works approval of an
Eradication Plan addressing the eradication of all on-site noxious weeds shall be
submitted to the Weld County Department of Planning Services. (Dept.of Planning
Services)
S. The applicant shall attempt to address the issues and concerns of the Town of
Platteville as stated in their referral dated January 9, 2001. Evidence of approval
shall be submitted to the Weld County Department of Planning Services. (Dept. of
Planning Services)
T. The applicant shall address the issues and concerns of the Town of Milliken as
stated in their referral dated January 11, 2001. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Dept.of Planning
Services)
U. The applicant shall provide evidence from Union Pacific railroad that the activities
associated with mining will not impact the existing rail line that transects the
northern property. Further, the applicant shall provide evidence that Union Pacific
railroad will permit a spur rail line and loading yard to be constructed adjacent to the
existing rail line. Evidence of approval from Union Pacific shall be submitted to the
Department of Planning Services. (Dept. of Planning Services)
4. Prior to operation:
A. The applicant shall provide evidence to the Department of Planning Services 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
as identified in File Number M-2000-158 and per letter from the Division of Minerals
and Geology dated December 27, 2000. (Department of Planning Services)
B. Proper building permits shall be obtained in accordance with the referral response
from the Weld County Building Inspection Department dated December 26, 2000,
prior to any construction, demolition, or excavation. Part of the permit application
process includes a complete plan review. (Dept. of Building Inspection)
C. Site drawings shall be submitted to the Milliken and Platteville-Gilcrest Fire
Protection District. Evidence of attempt to comply with Fire District requirements
shall be submitted to the Weld County Department of Planning Services. (Dept. of
Building Inspection)
D. The applicant shall provide evidence that all issues involving water rights, including
a water court approved plan for augmentation or substitute water supply plan has
been approved by the State of Colorado, Division of Water Resources. Evidence
shall be submitted to the Weld County Department of Planning Services for review
and approval. (Department of Planning Services)
Platte Sand 8 Gravel,LLC-USR 1306,page 11
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)
Platte Sand&Gravel,LLC-USR 1306,page 12
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Platte Sand & Gravel, LLC
do Rocky Hoffschneider
USR-1306
1. The Site Specific Development Plan and Special Use Permit is for Mineral Resource
Development facilities including a Concrete,Asphalt and Pre-cast Batch Plant and Gravel
Mining 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. Platte Sand&Gravel,LLC and/or their successors shall be permitted to operate the Mineral
Resource Development facilities including a Concrete, Asphalt and Pre-cast Batch Plant
and Gravel Mining for a period not to exceed forty(40)years for the mining of the site from
the date of approval by the Board of County Commissioners under this permit.
(Department of Planning Services)
4. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
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.(Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. (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. Fugitive dust shall be controlled on this site.(Department of Public Health and Environment)
8. The site shall operate in accordance with all applicable rules and regulations of the Air
Pollution Control Division. (Department of Public Health and Environment)
9. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and
Environment)
10. Adequate toilet facilities shall be provided for the employees and visitors. (Department of
Public Health and Environment)
11. The facility shall utilize bottled drinking water for the employees. (Department of Public
Health and Environment)
Platte Sand&Gravel,LLC-USR 1306,page 13
12. The facility shall operate in accordance with the approved dust abatement plan at all times.
The facility shall have sufficient equipment available to implement dust control as required
by the approved Dust Abatement Plan. (Department of Public Health and Environment)
13. 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)
14. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health and Environment)
15. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of
Public Health and Environment)
16. The operation shall comply with all applicable rule and regulations of the Colorado Division
of Minerals and Geology. (Department of Public Health and Environment)
17. 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)
18. In the event that five (5) or more acres are disturbed during the construction and
development of this site,the applicant shall obtain a storm water discharge permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment. (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. (Dept. 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. (Dept. of Public Health and Environment)
20. There shall be no discharge of waste water from the washing of vehicles on the facility. All
vehicles shall be washed in the approved vehicle washing area. All water, concrete and
aggregate generated from the washing of vehicles should be recycled in the concrete
mixing process. (Department of Public Health and Environment)
21. 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. (Dept. of Planning Services)
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site. (Dept. of Planning Services)
Platte Sand 8 Gravel,LLC-USR 1306,page 14
23. 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. (Dept.of Planning
Services)
24. Section 23-4-290.6 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. (Dept. of Planning Services)
25. 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. (Dept. of Planning
Services)
26. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Dept. of Planning Services)
27. 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. (Dept. of Public Works)
28. The plant material on site shall be maintained in accordance with the approved weed
eradication plan. (Dept. of Planning Services)
29. 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, Corp 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)
30. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
31. No mining shall occur during the months of November(14) through March (16)within the
1/8 mile radius of the Bald Eagle roost as delineated in the referral from the Colorado
Division of Wildlife dated April 26, 2001. (Dept. of Planning Services, Colorado Division of
Wildlife)
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
Platte Sand&Gravel,LLC-USR 1306,page 15
35. 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.
36. 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.
37. 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.
Plane Sand&Gravel,LLC-USR 1306,page 16
&Ir-h(\lt
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
' 1555 N. 17TH AVENUE
WGREELEY, COLORADO 80631
COLORADO December 18, 2000
Rocky Hoffschneider
do Platte Sand and Gravel, LLC
1300 Harlan St
Lakewood, CO 80215
Subject: USR-1306- Request for a Site Specific Development Permit and Special Use Permit for a
Concrete, Asphalt and Pre-Cast Batch Plant and Gravel Mining Operation in the Agricultural
Zone District on a parcel of land described as Parts of Sections 23, 26, 34, and 35, Township 4
North, Range 67 West of the 6th P.M.,Weld County, Colorado.
Dear Mr. Hoffschneider:
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 February 20, 2001, at 1:30 p.m. This meeting will
take pace in Room 21 , Weld . 17th Avenue, Greey, Coloado. It is
recomlmended that yoou and/or Ca representative bean attendance ounty Planning Deprtment, 1555 nto answer any questions ther Planning
Commission members may have.
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 Milliken and Platteville Planning
Commissions for their review and comments. Please call the Town of Milliken at 970-587-4331 and the Town
of Platteville at 970-785-224 for further details regarding the date, time, and place of these meetings. It is
recommended that you and/or a representative be in attendance at the Milliken and Platteville Planning
Commission meetings to answer any questions the Commission members may have with respect to your
application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
‘if
EXHIBIT
Kim Ogle
Planner --
WI"D C. FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
FAx: 970-304-6498
PHONE: 970-353-6100, EXT. 3540
To: Steve O'Brian Date: February 8, 2001
Fax: 303 423 7599 Pages: 3, including cover
Phone: 303 423 7297
From: Kim Ogle
Planner II 0'
kogle@co.weld.co.us
Subject: Platte Sand and Gravel, LLC
COMMENTS:
sent in this facsimile:
XCEL ENERGY LETTER DATED FEBRUARY 6, 2001 FROM D. DALTON
sent under separate cover:
UNITED NEIGHBORHOOD RESPONSE DATED FEBRUARY 5, 2001
MATTINGLY LETTER DATED FEBRUARY 5, 2001
OLDENBAUGH LETTER DATED JANUARY 20, 2001
PTASNIK LETTER DATED FEBRUARY 2, 2001
HINKLE LETTER DATED FEBRUARY 5, 2001
YOUEL LETTER DATED JANUARY 31, 2001
BROBERG-SCOTT LETTER DATED FEBRUARY 4, 2001
If you need any further information, please feel free to contact me at the above telephone number or e-
mail address.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,
confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent
responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this
communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the
original message to us at the above address via the U.S.Postal Service. Thank you.
isati
WI" FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPAHIMENT OF PLANNING SERVICES
FAX: 970-304-6498
PHONE: 970-353-6100, ExT. 3540
To: Stevan O'Brian Date: February 5, 2001
Environment, Inc.
7985 Vance Drive, Suite 205A
Arvada, CO 80003
Fax: 303 423 7599 Pages: 12, including cover
Phone: 303 423 7297
From: Kim Ogle '4w
Planner II 1
kogle@co.weld.co.us
Subject: Platte Valley Sand and Gravel, LLC
Use by Special Review (USR 1306)
COMMENTS:
Hard copy mailed Monday February 5, 2001
If you need any further information, please feel free to contact me at the above telephone number or e-
mail address.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,
confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent
responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this
communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the
original message to us at the above address via the U.S.Postal Service. Thank you.
Wine FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
FAx: 970-304-6498
PHONE: 970-353-6100, EXT. 3540
To: Patina Oil and Gas Corp. Denver Date: January 11, 2001
Fax: 303 389 3680 Pages: 2, including cover
Phone: 303 389 3600
From: Kim Ogle C'
`(�Planner II
kogle@co.weld.co.us
Subject: Referral for USR 1306
COMMENTS:
See attached Referral Comment Form.
If you need any further information, please feel free to contact me at the above telephone number or e-
mail address.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged
confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent
responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this
communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the
original message to us at the above address via the U.S.Postal Service. Thank you.
x 41?„4're ti � t
` ' e aaA 'al k f: I `MYfiwai .mm
�. 1 .9i R � 44,stig*
Qi
g
1
�!! F
firg ;40;
q'r 'fat�e
pp {
k L �rtI at
T
EXHIBIT
Ia31
II'
1 CASE NO.115R1'$Ob: UOLOt ACRES
NAME �A1 E�wo bRaue�
REQUESTS .w. ,.K.: o
A PUBLIC HEARING CONCERNING THIS
PROPERTY WILL BE HELD AT 1104"H"
STREET, GREELEY, COLORADO 80631,
ON June 202LAT 10'OD Ann
.
FOR MORE INFORMATION CALL THE
WELD COUNTY DEPT. OF PLANNING
SERVICES AT(970)353-6100 EXT.3540.
1xHIRIT
. CASE NO.USR 'SC— ACRES''
«j a NAME
REQUES flaw 4'mums
I
A PUBLIC "`y CONCERNING THIS
{t.it la
IOPIRTY Wit KiIElDAT1;c4
44,
17th AVE., CREELEY, COLORADO 80631,
ON Sbk 209LAT
FOR MORE INFORMATION CALL THE �pl
WELD COUNTY DEPT: OF PLANNING
- 90iVIOES AT (970)3534100 EXT.3540.
•
t r
I
CASE N0. w5 :Ilya(.%ACRES
NAMErcaliW�tia4�
REQUEST ivTiewrA" rc
A PUBLIC HEAINI C0NCERNINCTHIs
PROPERTY WILL BE HELD AT 1555 NORTH
1MAYE,GREELEY,COLORADO 80637,
ON Feb co 2®L AT I r
FOR MORE INFORMATION CALL THE
a�� WELD COUNTY DEPT.OF PLANNING
SERVICES AT(970)3536100E%T.3540.
•
• 0 . 4 im - ,,e..,..--
L y,�.. wY • Mf a. *I.:- I1 ..� V � u
ttr
i, , i' I $' 4 "t, , 4 ` 4 :9144 ;it
iywil 1M H�I h
lir
1\ y
1967 , ..
-- I ARCHEOLOGICAL $URV E�'
g
__ s„: FORT S ` . VRAIN sI► r -
_`
G 0NOU/y�TEQ O�
a iMC u�e+1t fltonNq IC11 ur bUL
__ : IN C�� - 417111 " •
8LIC:--SERV.iCE2 .CU!.
- ERLawida rnlL
E12YISIMC NE6 OCIST
'AhEN-R.Ct1KEE
r"►Fiv'___REFRFSENTATIVr --'-'-------------71-----'4-7-1- err '
`it j N COORDINATOR
' ._ K RLONtl( ..- -,,. _
.i„,,4,---A Y
.
4111
P.
. .t� l(S
'im.'••'";- : )4$1 ,_
Y
• 1 '
jam. I A `' „1 i{ ` .Y (.. .r, _
iii
r : 1.F ;i i
.a . r.
t
„I 1y 71 . •''',4r.77,;:`,.,€ .-•• 4 IY,:av s .rts:.'
-P 3
1N • ♦,,1
1 7
—
n;
V , , f Y'
I 7 ;.
''
n R,:
V 'aril r 7r I� I
• •�_.� n p a� 'T
S i c
I/ ;. ! .., ..y:L, two
7 1 >
t.• 1 ant ,�,.� ,
1 <, Ilu
1 4 t 7 ` `1$
1 V 4 Y
� y I v. 1 lei•
111 .. 1. F`1/2
i i 1
tip� U�- '..\, 4,:=i3,
qSt
a
....)t,
f ti,
fie_ .. •i,
FIELD CHECK
CASE NUMBER: USR-1306 DATE OF INSPECTION: -V)1
APPLICANT'S NAME: Rocky Hoffschneider (Platte Sand & Gravel, LLC)
PLANNER: Kim Ogle
REQUEST: Site Specific Development Permit and Special Use Permit for a Concrete,Asphalt and Pre-Cast
Batch Plant and Gravel Mining Operation in the Agricultural Zone District.
LEGAL DESCRIPTION: Parts of Sections 23,26,34,and 35,Township 4 North, Range 67 West of the 6th
P.M., Weld County, Colorado.
LOCATION: --=-Pkur ll t of and adjacent to WCR 62.58, wcst of and adjacont to WCR 27 (83rd Avenue).
-�/ o-' c'/1.3 cVe 23
LAND USE:
N "<i 97-j-F'- - f 9,Q-O.7 454 Z f S - A4.6
E
✓7≥ 4'A-'22
W I A-1.1,9 r VA:,A" J '-
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
/1T CcO//Vr-/2 0
C..Qi/ it ,. //
//6.9Aido4L' 1> / C,e7o S nns ,r
P.C. Member /�- `" 717j/L/
IrI
FIELD CHECK inspection date: January 23, 2001
CASE NUMBER: USR 1306
APPLICANT: Rocky Hoffschneider, Platte Sand & Gravel, LLC
LEGAL DESCRIPTION: Parts of Section 23, 26 and 35, Township 4 North, Range 67
West and Part of Section 2, Township 3 North, Range 67 West of
the 6th PM, Weld County, CO
LOCATION: North of and adjacent to WCR 36; West of and adjacent to WCR 23
Zonina Land Use
N A (Agricultural) N Town of Milliken, bluffs overlooking river
E A (Agricultural) E rural scattered residential, ag land
S A (Agricultural) S ag land
W A (Agricultural) W river bottomland , agricultural lands
COMMENTS:
Property has numerous oil and gas facilities including tank batteries, oil and gas well heads and
separators. Many tanks have been recently pumped.
The river bottom land appears to be heavily grazed with little if any grasses present. There are
numerous noxious weeds present.
Wildlife habitat adjacent to the river with eagles flying/roosting overhead. River corridor area is
scenic and beautiful. Prairie dog colony(s) are numerous and located in southern area of
property near Krystals Lake.
Access to property: WCR 36 is gated at WCR 23. Access is gained to property at north end
near WCR 42.5 or so. All points of access have cattle guards as the bottomland land has
longhorn steers.
St. Vrain Historical monument and grounds are within area to be mined. The granite monument
is slated to be on the historical registered places for both state and national directories. In time
the Platteville Historical Society will maintain grounds and fixtures.
WCR 23 and 36 are chemically treated two lane roads 60 feet ROW. The Western Mutual
Ditch is adjacent to the west of WCR 23 north of WCR 36.
Site visit was performed with assistance of Sheri Lockman of this office.
Kim Ogle, Feiline I
EXHIBIT
_A_
Hello