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Home My WebLink About871322.tiff RESOLUTION RE: APPROVE SPECIAL REVIEW PERMIT FOR OPEN-PIT MINING AND MATERIALS PROCESSING; AND ASPHALT AND CONCRETE BATCH PLANTS - FRONTIER SAND AND GRAVEL 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 21st day of October, 1987 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Frontier Sand and Gravel , 1833 Frontier Road, Greeley, Colorado 80634 , for a Special Review permit for open-pit mining and materials processing; and asphalt and concrete batch plants on the following described real estate, to-wit: The SE+ , Section 4 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented by Doug Tiefel , of Tiefel and Associates , Inc. , and WHEREAS , Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review permit, and. WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has 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 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .2 of the Weld County Zoning Ordinance as follows : a . The site , as proposed by the application, is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975 , and the U.S . Geological Survey Map 1974 . The area , as identified, contains the source for the best quality gravel for concrete aggregate and road materials . The Weld County Extraction Plan states 7) ' � , 871322 Page 2 RE: USR - FRONTIER SAND AND GRAVEL that extraction shall be encouraged in resource conservation areas . It further states that not only will the extraction be encouraged in these areas , but uses which would preclude the extraction of these resources will be discouraged. b. The proposal is consistent with the Weld County Comprehensive Plan which encourages the extraction of mineral resources as long as the mining plan preserves or minimizes the removal of prime farm land. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel , and other mineral resources on agricultural land. This site is also located in the I-25 Mixed Use Development Area as shown in the Weld County Comprehensive Plan. The proposal is consistent with Mixed Use Development Area Goal 1 , which is "to plan and to manage growth within the 1-25 Mixed Use Development Area and Activity Centers so as to balance relevant fiscal , environmental , aesthetic, and economic components of the area. " This proposal will also be consistent with Mixed Use Development Area Goal 6 , which is "to assure that new development occurs in such a manner as to maintain an attractive working and living environment. " Special Review permit Development Standards will assure this proposal ' s compatibility with these goals . This proposal is also compatible with Mixed Use Development Policy 17 which states , "All new development shall comply with the mineral resources section of this plan. This includes locations determined to contain commercial mineral deposits and mineral extraction operations and reclamation plans . " This proposal is consistent with Agricultural Policy 8 which states "Extraction of mineral resources shall be encouraged as long as the mining plan preserves or minimizes the removal of prime farm land. " A portion of this parcel has been mined for gravel and the site is not prime farm land . c. The proposal is consistent with the intent of the Agricultural Zone District in which the use is located and is provided for as a Use by Special Review. The Weld County Extraction Plan states that the impacts of surface mining in non-irrigated areas will be less severe than those mining operations located on irrigated areas . The factors 871322 Page 3 RE: USR - FRONTIER SAND AND GRAVEL used for determining the degree of severity are sparsely populated areas, less crop production on a per/acre basis, and the impacts on water distribution systems . The proposed site is located on non-irrigated land. Thus , as an overall approach, extraction is encouraged in these areas so long as appropriate extraction and reclamation standards are followed. d. The uses which would be permitted will be compatible with the existing surrounding land uses . USR-535 for an open-cut mining permit was approved on part of this site in 1982 , and is no longer being mined. USR-615 for an open-cut mining permit exists immediately east of this site . SUP-397 and USR-627, both for open-cut mining, were approved in sections south and southeast of this site. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan and the City of Longmont' s Open Space Plan, as indicated in a letter from Karen Griffith, Planner for the City of Longmont. Concerns raised by the City of Longmont are addressed in the Development Standards . e. The subject site is in a Flood Hazard Overlay District area. Development Standards address this concern. f. Special Review permit Development Standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Special Review permit for open-pit mining and materials processing; and asphalt and concrete batch plants on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 871322 Page 4 RE: USR - FRONTIER SAND AND GRAVEL 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards . 4 . The Special Review Plat Reclamation Plan shall be amended to show: a. Slopes of not more than 4 : 1 for the created lakes. 5 . The Special Review plat shall be amended to show: -a. All rights-of-way or easements on the Special Review site , specifically those belonging to Panhandle Eastern Pipeline and the St. Vrain Sanitation District. 6 . Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that the Longmont Soil Conservation District has reviewed and approved an expanded reclamation plan or erosion control plan. 7 . Prior to recording the plat, a plan for the abatement and control of fugitive dust on the County access road to the site shall be reviewed and approved by the Weld County Health Department and the Weld County Engineering Department. 8 . An off-site road improvements agreement regarding paving of Weld County Road 7 to Weld County specifications shall be executed prior to recording the Special Review plat. 871322 Page 5 RE: USR - FRONTIER _SAND AND GRAVEL 9 . Prior to beginning construction on the proposed crossing across the St . Vrain River, the applicant shall submit evidence to the Department of Planning Services that the proposed crossing has been reviewed and approved by the Army Corps of Engineers , Littleton Field Office. 10 . Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that Panhandle Eastern Pipeline has approved an agreement regarding load limits crossing its gas pipeline on the Special Review site . 11 . The applicant shall amend the application materials to show the operation of the plant during daylight hours only. This condition shall not apply to the use of the asphalt batch plant for public prciects . 12 . The applicant shall agree to move the boundary of Phase 3 and the access road approximately 300 feet to the south which will also cause an amendment to the boundaries of Phases 1 and 6 . These amendments shall be shown on the Special Review plat. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D. , 1987 . BOARD OF COUNTY COMMISSIONERS ATTEST: f t&n) WELD COUNTY, ORA Weld County lerk and Recorder and Clerk to the Board Gor o y man EXCUSED BY: �yso lc.--) C.W Kirb_y, Pro-Tem puty County C erk O� APPROVED AS TO FORM: ene R. Bran ner r 1,741,0 County Attorney �°2�^^G�'.�� ' b Frank amacchi 871322 DEVELOPMENT STANDARDS Frontier Sand and Gravel USR-809 : 87 : 35 1 . The Special Review permit is for open-pit mining and materials processing and concrete and asphalt batch plants as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . The open-cut gravel operation shall comply with Section 44 .4 , Operation Policies . Any violation of these regulations shall be grounds for enforcement of Section 44 .5 , Cancellation of Permit. 3 . Mining in the St. Vrain River shall be prohibited. 4 . No excavation or processing of sand and gravel or lake boundary after reclamation shall be permitted nearer than 100 feet to the St. Vrain River. 5 . All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. NO fill, berms , or stockpiles shall be placed in the one hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and 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. 6 . Within 180 days following approval by the Board of County Commissioners , an Air Emissions Permit shall he obtained from the Air Pollution Control Division, Colorado Department of Health. The applicant shall comply with all requirements of the permit to control fugitive dust and odors. Fugitive dust shall be controlled on this site. 7 . No permanent disposal of wastes shall be permitted on the Special -Review site . 871322 Page 2 DEVELOPMENT STANDARDS - FRONTIER SAND AND GRAVEL 8 . Prior to the discharge of any effluent to State Waters , the applicant shall apply for and obtain an NPDES from the Colorado Department of Health, Water Quality Control Division. 9 . The maximum permissible -noise level on site shall not exceed the industrial limit of 80 db (A) , and the maximum limit off-site at residential sites shall not exceed 5-5 db from 7 :00 a.m. to "7 : 00 p.m. , and shall not exceed 50 db from 7 : 00 p.m. to 7 :00 a.m. at any time as provided by State law and as measured according to C.R..S . 23-12-102 . 10 . No structures shall be allowed within Panhandle Eastern Pipeline ' s right-of-way or the St. Vrain Sanitation District ' s easement on the Special Review site. 11 . The operator shall maintain the approved dust abatement program. 12 . The proposed road crossing the St. Vrain River shall be elevated to allow the passage of canoes and small boats on the river. 13 . "No Trespassing" signs shall be posted on the perimeter fence and maintained to clearly identify the boundaries of the Special Review site. 14 . All water used in the mining operation shall be permitted or decreed for commercial or industrial uses . 15 . Prior to excavation of the gravel pit, the applicant shall obtain a well permit from the State Engineer' s Office, Division of Water Resources . 1 . Vehicular traffic shall ingress and egress onto Weld County Road 7 as shown on the Special -Review plat. No access to the site shall be allowed from Weld County Road 5 1/2 . 17 . All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems . 18 . An individual sewage disposal system or a vault shall be used as the sewage disposal system for the site. The system or vault shall be installed according to the Weld County Individual Sewage Disposal Regulations . 871322 Page 3 DEVELOPMENT STANDARDS -- FRONTIER SAND AND GRAVEL 19 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20 . -The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 21 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 22 . _Personnel from the -Veld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County IRegnl-ations. 23 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County -Regulations. any material deviations from the plans ar Standards as shown or stated shall require the approval of an amendment of the Permit by the -Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services . 24 . The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners . 371322 HEARING CE-RTIFICATION DOCKET NO. 87-66 RE: SPECIAL -REVIEW -PERMIT FOR OPEN-PIT MINING AND MATERIALS PROCESSING; AND ASPHALT AND CONCRETE BATCH PLANTS - FRONTIER SAND AND GRAVEL A public hearing was conducted on October 21, 1987, at 2:00 P.M. , with the following present: Commissioner flnrdon E. Lacy, Chairman Commissioner C.W. Kirby, ProTem - Excused Commissioner Oene J}rantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the ward, Mary Reiff Assistant Oounty Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated September 23, 1987, and duly published October 8, 1987, in the Johnstown Breeze, e public hearing was conducted to consider the request of Frontier Sand and Gravel for a Special Review permit for open-pit mining and materials processing; -and asphalt and concrete batch plants. Chairman Zacy advised that, only tour Commissioners being present, should this hearing result in a tie vote, the absent Commissioner would review the record and listen to the tapes of this hearing prior to casting the deciding vote. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, asked that the f-avorable recommendation of the Planning Commission he incorporated into the record. Doug Tiefel, of Tiefel and Associates, Inc. , came forward to represent the applicant. He explained this request and stated that one revision has been made since the Planning Commission hearing. (Tape Change #87-108) He stated that the applicant has no problem with the 12 Conditions and 24 Development Standards recommended by the Planning Commission. No public comment was received concerning this matter. After discussion, Commissioner Brantner moved to approve this request for a Special Review permit, subject to the Conditions and Development Standards as recommended by the Planning Commission. The motion, seconded by Commissioner Yamaguchi, carried unanimously. This Certification was approved on the 26th day of October, 1987. APPROVED: j i„ .1 � BOARD OF COUNTY COMMISSIONERS ATT-EST: / � WELD COUN LOR Weld County erk and Recorder � and Clerk to the and Go o acy, ''C n ( c \----- )10y +-4-0J t <a` EXCUSED Deputy Count Clerk C.W, irby, Pro-Tem latt Gene -R. Brantner TAPE #87-107 & #87-108por` Ja ggcl ',L. John on DOCKET #87-66 .,": mss'' z ` ,,,5..1( PL0403 Frank Y gual ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEAIINGS ARE AS FOLLOWS: October 21, 1987 DOCKET # 87-66 Special Review permit for open-pit mining and materials processing; and asphalt & concrete patch plants - Frontier Sand and Gravel DOCKET #87-67 Special Review permit for solid waste disposal site and Certificate of Designation - XTRA Corporation DOCKET #87-61 Amendments to Weld County Zoning Ordinance DOCKET #87-62 Amendments to Weld County Building Code Ordinance Docket #87-63 Amendments to Subdivision Regulations NAME ADDRESS HEARING ATTENDING a/V Pim j �eE L Wt. L, / / /yi�lev /.J1/. ,Qr�-l.�, JOHI,J ��199Tn.( 7051-I4 Mb Aug- Lon;&MO�2`f F;7-6) Ct i.Clti a,"cjko4_ [--.�?A)L-/-{Z�/�i j £a `7 fi �3 1� v� / 7 l i -f7'. Mar, l/4, C1�� a o I/ivY _E-dC L rApme,7i'? SA Ha 1) C Cint 'L ((yyI r Lo vn Qr.;vi? l%qq% E 3:s �/ann¢n F-9 P> :3-el-t. rim mnn Lrr� Gk rl\ N t }'2. . 9lr r FI/ u&A 117 ler G CT_ �7-4 kkAt seEkt46 '2/Ty OF Lovfia,aur f;57—x'07 YrEEL, /1 n f"no✓lilGsl C l v 0 (,40 NSt-rimer 11 l �r7-C: -17 a 1Z1 d)rr 2`.10 S /1 Ca t aSC fYA /� //yS+S lliF_LLl ,1:7t leviys Gc,-JJ&Lc / 6,jvfl cP7- Ye, r,7 l7/J �� ISFIT 7 (l t JA1-'ditwt_, g za a 8 )(TEA- £.371.12 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Review permit are requested to attend and may be heard. Should the appli-cant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such acti-on at least five days prior to the hearing. The cost of engaging a court reporter shall beiborne by the requesting party. BE IT ALSO KNOWN that the text end maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-66 Frontier Sand andGravel 1833 Frontier Road Greeley, CO 80634 DATE: October 21, 1987 TIME: 2:00 P.M. REQUEST: Special Review permit - Open-pit mining and materials processing; and asphalt and concrete batch plants LEGAL DESCRIPTION: The SE- of Section 4, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: North of State Highway 119, west of Weld Bounty -Road 7, and -east of Weld County Road 5} BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY -ANN FEUERST-EIN COUNTY CLERK AND -RECORDER AND CLERK TO THE -BOARD BY: Debbie Campbell, Deputy FATED: September 23, 1987 PUBLISHED: October 8, 1987, in the Johnstown Breeze 87132` ex h ;Li, F / AFFIDAVIT OF PUBLICATION Public THEJOHNSTOWN BREEZE STATE OF COLORADO 1 NOTICE 1 SS COUNTY OF WELD 1 Pursuant to the zoning laws Of 1, Clyde Briggs,do solemnly-swear that I • Weld e State of ZConing in the am publisher of The Johnstown Breeze; County ng will Ordinance, a public hearing wlfl.be held in the Chambers of -the Board of that the same is _a weekly newspaper ' County Commissioners of Weld printed, in whole or in part, and published County C Colorado, olorado, Weld County thy Centennial 915 in the County of Weld, State of Colorado, Streetdd/First the time specified Greeley, and has a general circulation therein; that nr said newspaper has been published All persons in any manner Interested In the Special Review permit are requested heaard.rd. to-attend continuously and uninterruptedly in said and may be h County_of Weld for a period of more than Should the applicant or any fifty-two -consecutive weeks prior to the Interested party desire the first publication of lheannexed legal notice make a reco dcof the peroce d or advertisement;no that said-newspaper has mga in addition to the taped been admitted to the United States mails as record which will be-kept durtn the -heariBoard's g, the Clerk to the second-class matter under the provisions of for list t�ce can be contacted the Act of March J, 1-879, or any for a of certified court reporters in the-area If a court . amendments thereof, and that said reporter Boardos t Off ce he all to newspaper is a weekly -newspaper duly advised in writing of such arbors qualified for publishing legal notices and Prior to th-bp iiegby pr e courtreporter shall at least live days advertisements within the meaning of the the requesting party. laws_of the State of Colorado. BE IT ALSO KNOWN that the That the annexed legal notice-or advertise- text,nd maps so certified by the ment was published in the regular and Weld County in dommie- -entire issue-of every number-of said weekly office may f thbe Clerk o theFBoard of newspaper for the period of ../...the first u- in the County located live insertions; _and that in the Weld CentennialCounty Center, 915 10th Street, Third publication of�aid notice was the issue of Floor, Greeley,-Colorado. A.D. 195$?DOCKET No. e7-66 said-newspaper dated./.t.- and that the last publication of said notice APPLICANT was in the issue of said newspaper dated Frontier Sand and Gravel A.D. 19 1833 Frontier Road . Greeley, CO 80634 • In witness whereof I have hereunto set 'DATE October 21, 1987 my-hand this .L..6 day of . .O f.... TIME:2:00 P.M. • A.D. 19.e.7 REQUEST: Special ' Review g permit materials Oce sin m as had andpro atch; la asphalt �� and concrete batch plantseZa LEGAL DESCRIPTION: The SE14 - of Section 4, Township 2 North, Range 68 WestDaf the-8th P.M.; Weld County, Colorado - Subscribed end sworn to before me, -a LOCATION: North of State Notary Public in end for the my -of Highway oad 7,and east of.Weld W d,State of-Colors c this ..1 Play bf County-Road 5'h .-.7` A.D. 19---..4.- BOARD OF COUNTY ./ COMMISSIONERS // ,/ �WELD COUNTY. .-((F` .r/6— 1-1w /tlC-- �� COLORADO Notary-Puhlic- BY: MARY ANN • FEUSTEIN COUNTY ERIK AND RECORDER AND CLERK My commission expires TO THE BOARD ;.,,;,ii, 14, ;y;�i BY: Debbie Campbell, Deputy DATED: September 23, 1987 . ' , PUBLISHED:-October 8, 1987, i•n .t.' the Johnstown Breeze i0 ..Q) AFFIDAVIT OF PUPLICA LION � State of Colorado County of Boulder J . R . Hofmann d0 NOTICE Forwent to the Colo- rado a the W zoning of the State of eld County n I Zoning Ordinance, a solemnly swear that the LONGMONT DAILY TIMES CALL is a pUYIi«�etering will be held in the Chambers of the Elculneounty Commissioners of Weld daily newspaper printed, in whole or in part, and published in Collet*,CWeld County Centennial tenteCounty,r, 9 5 lothltreet,First Floor,Greeley,,Coloradorad a o,at the the City of Longmont, County of Boulder, State of Colorado, and time specified. by Special rsons In any manner inter- estedwhich has general circulation therein and in-parts of Boulder and Shou M the Use by Review are party eto attend and may be heard. de- Weld Counties; that said newspaper has been continuously and Shoutb the applicant or-any interested party sire the presence of a court reporter to make a uninterruptedly published for a period of more than six months record of the proceedings,In addition to the taped record-which will be kept during the hearing,the Clerk to next prior to the first publication of the annexed legal notice of porter rd's Office can be contacted for a list of.certified court reporters in the area. If a advertisement, that said newspaper has been admitted to the court Board' porter is obtained, the Clerk to the ,Office shall be advised in writing of such United States mails assecond class matter_under the provisions by the at least fiveprior to the hearing.The cost of engaging a court reporter shall be borne of the Act of March 3, 1879, or any amendments thereof, and that IT ALSO KNOWN that the text and maps so said newspaper is -a daily newspaper duly qualified for certifiedsion by the Weld County Planning-Commis- the Board be Count Grd eeley, rs the office of%localerk to ted In publishing legal notices and-advertisements within the meaning the Weld County Centennial Center, 915 loth Streetof the laws of the State of Colorado;that a copy-of DOCK,Thi Third Floor,Greeley,Colorado. each number of APPLICANT said newspaper, in which said notice of advertisement was DOCKET NO.8r-66 frontier rendand Gravel 1833 Frontier Road published, was transmitted by -mail or carrier to-each of the TIME: DATE:_October 21,1987 Greeley,CO 80634 subscribers of said newspaper, according to the accustomed T S.M. REQUEST: Special Reviewyarmii—Open-pit mode of-business in this office. mining and materials processing; and asphalt and concrete Atatch LEGAL Plants That the annexed legal notice or advertisement was published DESCRIPTION: The SEA of Section 4, Town- ship 2 North, Range 68 west of the 6th P.M.,Weld-County,Col- orao In the regular and entire-edition of said dally-newspaper-once; LOCATION: North of State Highway 119,west of and that one publication of said notice was in the issue of said • Weldld Countyy Rose sh and east of BOARD OF-COUNTY COMMISSIONERS LORADO newspaper dated October 8WELD 19 27 BY:MARY ANN FEUERSTEIN TEIIN COUNTY.CLERK AND RECORDER AND2LERK TO THE BOARD DATED: BY: Debbie campbeh,-Deputy 987 Publishep�the Daily ber 23,1Times-Call, Longmont, Colo.Oct.B,1987 • General Manager Subscribed and sworn to before me this 8t h day of October 1199 .87 Notary Public o �o1A2tr�i�MY _COMMISSION EXPIRES 27 . 00 DECEMBER 16, 1989 FEE$ 111 - 4th AVENUE LONGMONT, YT utlo COLORADO 80501 871322 DATE: September 23 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearing for the 21st day of October, 1987 , at 2 : 00 P.M. Docket No. 87.66 : Special Review permit - Open-pit mining and materials processing; and asphalt and concrete batch plants, Frontier Sand and Gravel OFFICE OF THE CLERK TO THE BOARD a' ', i BY: /-rx ; tAI)1//(21 11 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COU TY, OLO• e .O ibt 871322 + „C� Summary of the Weld County Planning Commission Meeting September 15, 1987 Page 3 CASE NUMBER: USR-809:87:35 APPLICANT: Frontier Sand and Gravel, c/o Tiefel and Associates REQUEST: A Special Review permit for Open—Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants LEGAL DESCRIPTION: The SE} of Section 4, T2N, R68W ofthe 6th P.M. , Weld County, Colorado LOCATION: North of State Highway 119, west of Weld County Road 7, east of Weld County Road 5-1/2 Ivan Gosnell asked the Chairman to be excused from participating in this request due to a conflict of interests. APPEARANCE: Doug Tiefel, Tiefel & Associates, Inc. , represented the applicant . He explained the applicants request, types of operation, estimated traffic and use. He stated they have reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services' staff and they have no problem with these. Floyd Oliver, partner, Frontier Materials, explained they have picked this site for the processing plant because this is the section of the property where most of the gravel is. Tape 297 - Side 1 Doug Tiefel presented reclamation plans. This was retained for evidence and labeled as Exhibit I11 . The Chairman -called for discussion from the members of the audience. Maryls Gosnell, surrounding property owner, reviewed her concerns about the batch plants being this close to their property. Robert Clair, Right-of-Way Representative, Panhandle Eastern Pipe Line Company, felt most of their concerns have been satisfied. They do -not want any structures or berms placed within their easement area. Tape 297 - Side 2 Dick De Manch, President, Frontier Materials, asked that they be granted time to work beyond daylight hours. When working on highway projects, most of the work is done at night when there is less traffic. 871322 exh 1 him f Summary of the Weld County Planning Commission Meeting September 15, 1987 Page 4 AMENDMENT: Paulette Weaver moved a new condition #11 be added to read as follows: 11 . Prior to the applicant being heard by the Board of County Commissioners, the applicant shall amend the application materials to show the operation of the plant during daylight hours only. This condition shall not apply to the use of the asphalt batch plant for public projects. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher — yes; Ivan Gosnell - abstain; Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried with seven voting for the motion and one abstaining. AMENDMENT: Paulette Weaver moved Development Standard #9 be amended to read as follows: 9. The maximum permissible noise level on site shall not exceed •• the industrial limit of 80 db (A) , and the maximum limit off-site at residential sites shall not exceed 55 db from 7:00 a.m. to 7:00 p.m. , and shall not exceed 50 db from 7:00 p.m. to 7:00 a.m. at any time as provided by State Law and as measured according to C.P..S. 25-12-102. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; Ivan Gosnell - abstain; Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes; Paulette Weaver - yes; Lvnn Brown - yes; Ann Garrison - yes . Motion carried with seven voting for the motion and one abstaining. 871322 Summary of the Weld County Planning Commission Meeting September 15, 1987 Page 5 The applicant met off the record with Ivan Gosnell who is not participating in this request . Mr. Gosnell stated his question was answered satisfactorily. AMENDMENT: Lynn Brown moved a new condition 1112 be added to read as follows: 12. Prior to this request being heard by the Board of County Commissioners, the applicant shall agree to move the boundary of Phase 3 and the access road approximately 300 feet to the south which will also cause an amendment to the boundaries of Phases 1 and 6. These amendments shall be shown on the Special Review plat prior to the hearing of the Board of County Commissioners. Motion seconded by Bud Halldorson. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; Ivan Gosnell - abstain; Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried with seven voting for the motion and one abstaining. The Chairman asked Mr. Tiefel if he had any objections to the recommendations, conditions, and Development Standards being filed with the summary as a permanent record of these proceedings rather than being read into the record, and if they had any objections to the amendments made by the Planning Commission. The applicant had no objections. MOTION: Louis Rademacher moved Case Number USR-809:87:35 for Frontier Sand and Gravel for a Special Review permit for and Open-Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations as outlined by the Department of Planning Services' staff, the conditions and Development Standards as outlined by the staff and amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. 871322 Summary of the Weld County Planning Commission Meeting September 15, 1987 Page 6 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; Ivan Gosnell - abstain; Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried with seven voting for the motion and one abstaining. The meeting was adjourned at 3:30 p.m. Respectfully submitted, 3O1, Oboa Bobbie Good Secretary 871322 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be intorduced for passage by the Weld County Planning Commission. Be 'it Resolve }�X,_the,MWeld County Planning Commission that the application for: CASE NUMBER: USR-809:87:35 nh SEP 1 71987 NAME: Frontier Sand and Gravel ADDRESS: 1833 Frontier Road, Greeley, CO 80634 paeEirr. COLD'. REQUEST: A Special Review permit for Open—Pit Mining - and Materials Processing and Asphalt and Concrete Batch Plants LEGAL DESCRIPTION: The SE} of Section 4, T2N, R68W of the 6th F.M. , Weld County, Colorado LOCATION: North of State Highway 119, west of Weld County Road 7, east of Weld County Road 5-1/2 be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 24 .7, 44.1, 44.2, and 44 .3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24 .3 of the Weld County Zoning Ordinance as follows: The site, as proposed by the application, is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975, and the U.S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality gravel for concrete aggregate and road materials. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas. It further states that not only will the extraction be encouraged in these areas, but uses which would preclude the extraction of these resources will be discouraged. The proposal is consistent with the Weld County Comprehensive Plan which encourages the extraction of mineral resources as long as the mining plan preserves or minimizes the removal of prime farmland. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel, and other mineral resources on agricultural land. This site is also located in the I-25 Mixed Use 871322 • IJSR-809:87:35 frontier Sand and Gravel -Page 2 Development area as shown in the Weld County Comprehensive Plan. The proposal is consistent with Mixed-Use Development area Goal 1, which is "to plan and to manage growth within the I-25 mixed use development area and activity centers so as to balance relevant fiscal, environmental, aesthetic, and economic components of the area". This proposal will also be -consistent with Mixed Use Development area Goal 6, which is "to assure that new development occurs in such a manner as to maintain an attractive working and living environment". Use by Special Review development standards will assure this proposal's compatibility with these goals. This proposal is also compatible with Mixed Use Development policy 17 which states, "All new development shall comply with the mineral resources section of this plan. This includes locations determined to contain commercial mineral deposits and mineral extraction operations and reclamation plans". _This proposal is consistent with Agricultural Policy 8 which states "Extraction of mineral resources shall be encouraged as long as the mining plan preserves or minimizes the removal of prime farm land." A portion of this parcel has been mined for gravel and the site is not prime farmland. The proposal is consistent with the intent of the Agricultural zone district in which the use is located and is provided for as a use by special review. The Weld County Extraction Plan states that the impacts of surface mining in nonirrigated areas will be less severe than those mining operations located on irrigated areas. The factors used for determining the degree of severity are sparsely populated areas, less crop production on a per/acre basis, and the impacts on water distribution systems. The proposed site is located on nonirrigated land. Thus, as an overall approach, extraction is encouraged in these areas so long as appropriate extraction and reclamation standards are followed. - The uses which would be permitted will be compatible with the existing surrounding land uses. USR-535 for an open-cut mining permit was approved on part of this site in 1982, and is no longer being mined. USR-615 for an open-cut mining permit exists immediately east of this site. SUP-397 and USR-627 both for open-cut mining were approved in sections south and southeast of this site. 871322 IJSR-809:87:35 - rontier Sand and Gravel Page 3 "The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan and the City mf Longmont's Open Space Plan, as indicated in a letter from Karen Griffith, Planner, for the City of Longmont. Concerns raised by the City of -Longmont are addressed in the Development Standards. - The subject site is in a Flood Hazard Overlay District area. Development Standards address this concern. - Special Review permit development standards provide adequate protection of the health, safety, and welfare oT the neighborhood and the County. this recommendation is based, in part, upon a review of the application -submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. "The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit fie adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to _issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. The Special Review Plat Reclamation Plan shall be amended to show: Slopes of not more than 4:1 for the created lakes. 871322 USR-809:87:35 Frontier Sand and Gravel Page 4 5 . The Special Review plat shall be amended to show: All rights-of-way or easements on the Special Review site, specifically those belonging to Panhandle Eastern pipeline and the St. Vrain Sanitation District . 6. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that the Longmont Soil Conservation District has reviewed and approved an expanded reclamation plan or erosion control plan. 7 . Prior to recording the plat, a plan for the abatement and control of fugitive dust on the County access road to the site shall be -reviewed and approved by the Weld County Health Department and the Weld County -Engineering Department. 8. An off—site road improvements agreement regarding paving of Weld County Road 7 to Weld County specifications shall be executed prior to recording the Special Review plat. 9. Prior to beginning construction on the proposed crossing across the St . Vrain River, the applicant shall submit evidence to the Department of planning Services that the proposed crossing has been reviewed and approved by the Army Corps of Engineers, S,ittleton Field Office. 10. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that -Panhandle Eastern Pipeline has approved an agreement regarding load limits crossing Sts gas pipeline on the Special Review site. 11 . Prior to the applicant being heard -by the Board of -County Commissioners, the applicant shall amend the application materials to show the operation of the plant during daylight hours only. This condition shall not apply to the use of the asphalt batch plant for public projects . 12. Prior to this request being heard by the Board of County Commissioners, the applicant shall agree to move the boundary of Phase 3 and the access road approximately 300 feet to the south which will also cause an amendment to the boundaries of Phases 1 and 6. These amendments shall be shown on the Special Review plat -prior to the hearing of the Board of County Commissioners. 871322 DSR-809:87:35 Frontier Sand and Gravel Page 5 Motion seconded by Ernie Ross. VOTE: For Passage Abstain Against Passage Louis Rademacher Ivan Gosnell Jerry Burnett Bud -Halidorson Ernie Ross Paulette Weaver Lynn Brown Ann Garrison The Chairman declared the resolution passed and ordered that a certified copy be forwarded with th-e file of this rase to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, -Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby -certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on September 13, 1987, and xecorded in book No. XI of the proceedings of the said Planning Commission. Dated the 15th day of September, 1987. ot.ti-�.>, \eb Bobbie Good Secretary 871322 ADDITIONAL COMMENTS Frontier Sand and Gravel USR-809:87:35 The Tri-Area _Planning Commission has recommended _denial -of this application because the Del Camino Land Owner's Association has objections to an asphalt company in the area and because of hazardous and -heavy traffic and the absence of traffic lights. One surrounding property owner has voiced concerns about the proposal. 871322 INVENTORY OF ITEMS SMUTTED FOR CONSIDERATION • • Case Number. USR 809:87:35 Submitted or Prepared -Prior to Hearing At Hearing 1. Application 10 Pages x 2. 1 Application plat(s) 3 page(s) 3. DPS Referral Summary Sheet x -4. PPS Recommendation :x 5. DPS Surrounding Propery Owner Mailing List is. 'Drs Mineral Owners Mailing List x -7. 3 DPS Maps Prepared by Planning Technician x 8. DPS Notice of Hearing x S. DPS Case Summary Sheet x 10. DPS Field Check x 11. Letter from Tri-Area Planning Commission x 12. Letter from State Engineer's Office x 13. Letter from Panhandle Eastern Pipe Line Co. x 14. Exhibit #1 - 2 colored maps x 15. 16. 17. 18. 19. 20. I hereby certify that the /4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further car ify t at tkese items were forwarded to the Clerk to the Q Board's office on 1987 . ur ant PI ant nI STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 11 DAY OF 16sti ,,Aso � , 19 %"y , SEAL MO AP.Y PUBLIC • 0 71322 Y COMMTSSTON EX.PIRFS -N f . exh7 ° EXHIBIT INVENTORY CONTROL SHEET Special Review permit-Open-pit mining and materials processing; case and asphalt and concrete batch plants Frontier Sand and Gravel Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of -items submitted B. Planning Commission Resolution of -Recommendation C. Planning Commission Summary of -meeting D Clerk to the Board Hearing Dates. Approved E. Clerk to the -Board Notice of Hearing F. G. H. I. J. R. L. M. N. 0. 871322 Date: September 15, 1987 CASE NUMBER: USR-809:87:35 NAME: Frontier Sand and Gravel ADDRESS: 1833 Frontier Road, Greeley, CO 80634 REQUEST: A Special Review permit for Open-Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants LEGAL DESCRIPTION: The SE} of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of State Highway 119, west of Weld County Road 7, east -of Weld County Road 5-1/2 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1 . The submitted -materials are in compliance with applicati-on requirements of Section 24.7, 44. 1, 44 .2, and 44 .3 of the Weld County Zoning Ordinance. 2. It is the opinion -0f the Department of Planning Services' staff that the applicant has shown compliance with Section 24 .3 of the Weld County Zoning Ordinance as follows: The site, as proposed by the applicati-on, is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975, and the U.S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality -gravel for concrete aggregate and road materials. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas. It further states that not only will the extraction be encouraged in these areas, but uses which would preclude the extraction of these resources will be disennraged. The proposal -is consistent with the Weld County Comprehensive Plan which encourages she extraction of mineral resources as long as she mining plan preserves or minimizes the removal of prime farmland. The Comprehensive Plan Policies and Goals allow the adoption of regulations which -would permit development of sand and gravel, and other mineral resources on agricultural land. This site is also located in the I-25 Mixed Use Development area as shown in the Weld County Comprehensive Plan. The proposal is consistent with Mixed Use Development area Goal 1, _which is "to -plan and to manage -growth within the 1-25 mixed use development area and activity centers so -as to talance relevant 871322 USR-809:87:35 Frontier Sand and Gravel Page 2 fiscal, environmental, aesthetic, and economic components of the area". This proposal will also be consistent with Mixed Use Development area Goal 6, which is "to assure that new development occurs in such a manner as to maintain an attractive working and living environment". Use by Special Review development standards will assure this proposal's compatibility with these goals. This proposal is also compatible with Mixed Use Development policy 17 which states, "All new development shall comply with the mineral resources section of this -plan. This includes locations determined to contain commercial mineral deposits and mineral extraction operations and reclamation plans". This proposal is consistent with Agricultural Policy 8 which states "Extraction of mineral resources shall be encouraged as long as the mining plan preserves or minimizes the removal of prime farm land." A portion of this parcel has been mined for gravel and the site is not prime farmland. The proposal -is consistent with the intent of the Agricultural zone district in which the use is located and is -provided for as a use by special review. The Weld County Extraction -Plan states that the impacts of surface mining in nonirrigated areas will be less severe than those mining operations located on irrigated areas. The factors used for -determining the degree of severity are sparsely populated areas, less crop production on a per/acre basis, and the impacts on water distribution systems. The proposed site is located on nonirrigated land. Thus, as an overall approach, extraction is encouraged in these areas so long as appropriate extraction and reclamation standards are followed. The uses which would be permitted will be compatible with the existing surrounding land uses. IJSR-535 for an open-cut mining permit was approved on part of this site in 1982, and is -no longer being mined. USR-615 for an open-cut mining permit exists immediately east of _this site. SUP-397 and USR-627 both for open-cut mining were approved in sections south and southeast of this site. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan and the City of Longmont 's Open _Space Plan, as indicated in a letter from Karen Griffith, Planner, for the City of Longmont. Concerns raised by the City of ?Longmont are addru:.ed in the Development Standards. 871322 USR-809:87:35 Frontier Sand and Gravel Page 3 - The subject site is in a Flood Hazard Overlay District area. Development Standards address this concern. - Special Review permit development standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. The Special Review Plat Reclamation P1-an shall be amended to show: - Slopes of not more than 4: 1 for the created lakes. 5. The Special Review plat shall be amended to show: - All rights-of-way _or easements on the Special Review site, specifically those belonging to Panhandle Eastern Pipeline and the St . Vrain Sanitation District . 871322 USR-809:87:35 Frontier Sand and Gravel Page 4 6. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that the Longmont Soil Conservation District has reviewed and approved an expanded reclamation plan or erosion control plan. 7. Prior to recording the plat, a plan for the abatement and control of fugitive dust on the County access road to the site -shall be reviewed and approved by the Weld County Health Department and the Weld County Engineering Department. 8. An off-site road improvements agreement regarding paving of Weld County Road 7 to Weld County specifications shall be executed prior to recording the Special Review plat . 9. Prior to beginning construction on the proposed crossing across the St. Vrain River, the applicant shall submit evidence to the Department of Planning Services that the proposed crossing has been reviewed and approved by the Army Corps of Engineers, Littleton Field Office. 10. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that Panhandle Eastern Pipeline has approved an agreement regarding load limits crossing its gas pipeline on the Special Review site. 871322 ADDITIONAL COMMENTS Frontier Sand and Gravel USR-809:87:35 The Tri-Area Planning Commission has recommended denial of this application because the Del Camino Land Owner's Association has objections to an asphalt company in the area and because of hazardous and heavy traffic and the absence of traffic lights. One surrounding property owner has voiced concerns about the proposal. 871322 LAND-USE APPLICATION SUMMARY SHEET Date: September 8, 1987 CASE NUMBER: USR-809:87:35 NAME: Frontier Sand and Gravel ADDRESS: 1833 Frontier Road, Greeley, CO 80634 REQUEST: Open-Pit Mining and Materials Processing, Asphalt and Concrete Batch Plants LEGAL DESCRIPTION: The SE} of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of State Highway 119, west of Weld County Road 7 SIZE OF PARCEL: 210 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Sections 24.3 and 44 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the following referral entities: - City of Longmont, Office of Planning and Development - Central Colorado Water Conservancy District - Longmont Soil Conservation District - Weld County Health Department Copies of these referral responses are included in this summary packet. The State Highway Department and the Weld County Office of Emergency Management have responded that they have no objections to the proposal. Referral responses have not been received from the following: - Weld County Engineering Department - State Engineer, Division of Water Resources - Tri-Area Planning Commission The Department -of Planning Services' staff has received one telephone call from a surrounding property who had questions about the proposal. 871322 to L tt• ' .c,,, - 'elr n w „ "dy ..4®, i I . ,: .., l ' R. .`�r�j,y� I� Y� R ICI ry „.�^• .. 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X Engineering Department X State Engineer Division of Water Resources 1313 Sherman St., Room 818 Denver, CO 80203 X State Highway Department 1420 2nd Street Greeley, CO 80631 X Tri-Area Planning Commission Attention: Rebecca Marker P.O. Box 363 Frederick, CO 80530 X William R. Emerson Fire Marshal Longmont Fire Protection District 9119 County Line Road Longmont, CO 80501 X Longmont Soil Conservation District 9595 Nelson Road Box D Longmont, CO 80501 / Louis J. Rademacher V Planning Commission Member 13184 Weld County Road 13 Longmont, CO 805O1 X Central Colorado Water Conservancy District 3209 West 28th Street Greeley, CO 80631 V X Office of Planning and Development Civic Center Complex Longmont, CO 80501 X Weld County Office of Emergency Management NO=No Objection, SR=Specific Recommendations, NR=No Response 871222 tort _ -. a e -e- OC LO�'G DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION \\*Civic Center Complex / Longmont, CO 80501 (303) 651-8330 C'pLORA9O September 1, 1987 Ms. Lanell J. Swanson Weld County Dept. of Planning Services Centennial Building 915 10th Street Greeley, CO 80631 Dear Ms. Swanson: Thank you for the referral for the Tiefel and Associates open pit mining and materials processing, asphalt and concrete batch plants , Case USR-809:87:35. The City of Longmont has reviewed the referral materials and has the following comments , questions and concerns. The subject site is within the St. Vrain River Open Space Corridor designated by the City of Longmont Open Space Plan. The river corridor is considered to be one of the most significant natural features in the Longmont area. We also acknowledge that this area is designated for open space use by the Weld County Comprehensive Plan as part of the I-25 Mixed Use Development Corridor Plan adopted in December 1986. The City recognizes that prior to any development in areas with commercial mineral deposits that the gravel resources must first be extracted as is required by state statutes. Although it would be preferable to preserve the river in its natural state, it is also understood there is a need for high quality sand and gravel materials in the Denver metro area. Therefore, the City has no objection to the proposed use. However, we do have several comments and concerns regarding the mining and reclamation plans. 1. The mining plans are quite vague in terms of the limits of the mining phases. It is unclear if the applicants intend to mine in the St. Vrain River. The City has strong objections to mining in the river as it would disturb the river hydrology and could create upstream impacts such as erosion of bridge abutments and could change the location of the river channel , etc. ?,___ Ej ( SEP 0 31987 'Held Ca. I'lannmg unfiaaSctm 871322 Ms . Lanell Swanson Weld County Referral , Tiefel and Associates. . . Page 2 2. We are also concerned that adequate distance be maintained between the mining pits and the river. Lake No. 8 is within 25 feet of the river edge which does not appear to be far enough to prevent the river from breeching the berm. We request that consideration be given to a minimum 100 foot setback of lakes and mining pits from the river to help keep the river intact and to reserve an area for future recreational use along the river. 3. The extraction plan indicates that materials will be conveyed across the river. We are concerned that the crossing be sufficiently elevated so it won' t restrict the passage of canoes or other small boats. 4. The City is concerned that truck traffic generated by this use will negatively impact the traffic flows on State Highway 119 and requests that appropriate measures, such as acceleration/deceleration lanes be considered to maintain the safety and service levels on State Highway 119. 5. The City has several comments regarding the reclamation plan. a. The plan is vague and does not specify slopes above and below the water surface. Because of the potential recreational use in this area, the City requests that gentle slopes above and below the water surface be incorporated in the reclamation plan. Maximum slopes of 4:1 would be preferred. b. The creation of the lakes is appropriate within an area designated for open space and as a recreational and natural river corridor. The island in Lake No. 2 could provide nesting space for waterfowl . We also believe the design of the lakes to provide an uneven shoreline is positive and will result in a more natural looking area when it is reclaimed. However, the building use pad locations are in conflict with the Mixed Use Corridor Plan adopted by Weld County and the Longmont Area Comprehensive Plan and Open Space Plan goals to maintain an open river corridor, -to maintain a scenic highway corridor along State Highway 119 and to prevent strip development along the highway. The reclamation _plan concept features strip development along the perimeter of the site. We do not believe the reclamation plan is compatible with the Weld County I-25 Mixed Use Corridor Plan designating this area for open space. If any buildings would be allowed in this area, we request they be clustered to maintain as much open space as possible and preserve the St. Vrain River Corridor as a scenic, natural feature. d. We are also concerned that the future building pads are located within the floodway and floodplain. This site does not seem suited for urban level development, and any future development should be minimal and oriented toward open space and recreational uses. 871322 Ms. Lanell Swanson Weld County Referral , Tiefel and Associates. . . Page 3 Thank you for the opportunity to provide input to your review process. Sincerely, NJ� j- j.%-�G'/l Karen Griffit �t/ Planner II /gP #2050-24 #2953 871322 Y CC C central colorado water -conservancy district ..,209 f ._ ti -.. Greeley.y , oi 60(0 . (303) 33C-1.540/?30-4541 Penv r (;03) -0474 August 27, 1987 Department of Planning Services Centennial Building 915 - 10th Street Greeley, CO 80631 Dear Sir: Thank you for providing us the opportunity to review the open-pit gravel mining operation proposed by Tiefel and Associates in Case Number USR-809:87:35. I have reviewed the application and find no conflicts with our interests as long as the applicant does, in fact, enter into an agreement with the St. Vrain & Left Hand Water Conservancy District for "augmentation of the potential water which will evaporate from the created lakes" as stated on page 1 of the Development Report for the project. Sincerely, Tom Cech Executive Director TVC/sam cc: St. Vrain & Left Hand W.C.D. gaff AUG 28 1987 Weld Co. Planning Cammissim. 871322 Longmont Soil Conservation District 9595 Nelson Road, Box D • Longmont, Colorado 80501 August 26, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number USR-809:87:35 - Tiefel and Associates Gentlemen: In our opinion, the present plan does not adequately address erosion control. We feel the developer needs to expand upon its reclamation plan, or prepare an erosion control plan to assure that development proceeds in such a manner as to have minimum adverse impact toward environmental quality. Our staff is available to assist in the development of such a plan. Sincerely, Luther Stromquist G President LS:rah AUG 27 17,87 7teId Co. Planning canonic 871322 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT jtJ InkTo Weld County PlanningDate August , 1t87 COLORADO Health Protection Services U Vyt Case Number: USR-809:87:35 Name: Tiefeland Associates Subi-ct: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. A plan for the abatement and control of fugative dust on the county road access to the state shall be renewed and approved by the Weld County Health Department. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. If any discharge of effluent to the waters of the state is contemplated, a NPDES permit must be obtained from the Water Quality Control Division, Colorado Department of Health. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust must be confined on this site. 5. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. 6 . An individual sewage disposal system, or a vault, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 871322 lli IC-rem——r7"—TIETh 1n FIELD CHECK L fj i'!a!d Co. Planning consissias Filing Number: USR-809:87:35 Date of Inspection: S. —j/.-y 7 Applicant's Name: Tiefel and Associates Request: Open pit mining and materials processing; asphalt and concrete batch plants Legal Description: The SE} of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado Location: North of Highway 119 and west of Weld County Road 7. Land Use: N PC AL-4-C- — .1, AJ---t- Ita--VlLi E pc-..÷c -U� [�j Zoning: N rela--“-c-,-, -C=r;_,,,_,2 E r( S c W COMMENTS: -[�-v -�_//l cx,ei.q..Q.e4 .Q2 Yr-iii ''y >/? _ C .a.. ce iLec, .tB ,z-cLtA n. _F ea,' ctiqc SE) StiLetA-,--- ...--„,.._,,,(4_, r-44,---1- ..--lia r....zr4 . Signature of Board Member 871322 STATE OF COLORADO DIVISION OF HIGHWAYS Box 850 _/_�,,�` 1 Greeley, Colorado 80632-0850 t( i (303) 353-1232 ` , a� �F o%o August 21, 1987 Weld Co. - S.H. 119 Tiefel and Assoc. Special Review 1 Mi. W. of I-25 on N. Side S.H. 119 DOH FILE 1+5100 Ms. Lanell J. Swanson Department of Planning Services Weld County 915 Tenth Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the Tiefel and Associates Special Review application, and we have no comments based on the duration and extraction rate of the proposed gravel mining operation. Thank you for the opportunity to review this application. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER 1/I-O.1 John K. Crier Panning/Enviro ental Manager JKC:pc(WJ) xc: File: Crier—Jacobson via Chotvacs 1 olr , (7�7 `' II iii\ AUG 2419871, field Cu. Pinola cnmmissiao 871322 FIELD CHECK TILING NUMBER: USR-809:87:35 DATE OF INSPECTION: September 1 , 1987 NAME: Frontier Sand and Gravel REQUEST: Open-Pit Mining and Materials Processing; Asphalt and Concrete Batch Plants LEGAL DESCRIPTION: The SE} of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Highway 119; west of Weld County Road 7 LAND USE: N Natural vegetation, 3 residences, 2 of which are mobile homes E Weld County Road 7, USR-615, Massey Ferguson, 1 residence S Highway 119, irrigated crops, natural vegetation, 2 residences W Weld County Road 5-1/2, 2 residences ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: This property is currently in natural vegetation. Access to this parcel is from Weld County Roads 5-1/2 and 7, both of which are gravel roads. The St. Vrain Creek flows through the site. Amended USR-615 east of this site, was recently recommended to the Board of County Commissioners for approval by the Planning Commission for the addition of a concrete batch plant. Abandoned USR-535 for an open-cut gravel operation is on this site. By Gan an 11 J. SwAnson Current 3kauiner 87122 DEPAF, =NT OF PLANNING SERVICES ; PHONE(303)356-4000 EXT. 4400 -°(-- 915 10th STREET 4G REELEY.COLORADO 80631 C� COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on September 15, 1987, at 1:30 p.m. to review a request for approval of open pit mining and materials processing and asphalt and concrete batch plants from Frontier Sand and Gravel. The parcel of land is described as the SE} of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado, containing 210 acres, more or less. The property is located north of Highway 119 and west of Weld County Road 7. -The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 15, 1987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Ann Garrison, Chairman Weld County Planning Commission 20 be published in the Johnstown Breeze To be published one (1) time by August 27, 1987 Received by: 051 Date: 41p `1 871372 SURROUNDING PROPERTY OWNERS Tiefel and Associates USR-809:87:35 Gerald and Kathleen E. Bacon 11994 Weld County Road 7 Longmont, CO 80501 JCK Farms, Ltd. c/o Mr. Richard Hamm 1441 Elmhurst Lane -Longmont, CO 80501 -Donald M. Lesher Trustee for Wilson Family Turst 3201 East 2nd Avenue, Suite 300 Denver, CO 80206 George C. and Bonita M. Adam 11684 Weld County Road 5-1/2 Longmont, CO 80501 Ivan W. and Marlys L. Gosnell 11488 Weld County Road 7 Longmont, CO 80501 Eva Rademacher 3525 Highway 119 Longmont, CO 80501 Massey Combines Corp. 225 Henry Street Brantford Ontario, Canada N3T5M1 Elmer and Clara Moore 3101 Highway 119 Longmont, CO 80501 Rosie Heaton 2702 Highway 119 Longmont, CO 80501 St. Vrain Ltd. c/o Richard Domenico 8200 West 67th Street Arvada, CO 80004 Jack E. and Marjorie J. Edson 458 Greenwood Lane Longmont, CO 80501 MINERAL OWNERS Tiefel and Associates USR-809:87:35 JCK Farms, Ltd. c/o Mr. Richard Hamm 1441 Elmhurst Lane Longmont, CO 80501 571322 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt 0: Receipt Number: Application Reviewed By: 'To be completed by APPLICANT in accordance with procedural guide Requirements: I. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION The SE 4 of Section 4, T2N, R68W and the SW1 lying east of County Road #5z in Section 4, T2N, R68W, all in Weld County. State of Colorado. TOTAL ACREAGE: 210 2. Surface owner(s) of area of land described Name: Richard Hamm Address: 1813 Prnntipr xd Phone: 3'1n_9G17 General Partner maawme Greeley. CO 80634 Phone: JCK Farms Ltd. 3. Owner(s) of mineral rights to substance to be mined Name: JCK Farms. Ltd. Address: 1833 Frontier Rd. Phone: 330-9617 M01NN Mann Greeley. CO 80634 Phone: 4. Source of applicants` legal right to enter and to mine on the land described: Lease between Richard Hamm and Frontier Sand and Gravel (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 3600 Hwy. 53, Erie. C0 ,80516 Phone: 447-8951 General Office address: Same Phone: Same 6. Identify any prior permits for mining held by applicant or affiliated person: Use by Special Review #535 871322 7. Description of Operation a. Types and number of -operating an processing -equipment to be employed: scraper for overburden removal; two front—end loaders; conveyors; crusher: screens: Qenerarnr• dewarering pnmpc: eq„ipmant trailer; scale; scalehouse; fuel tanks and accessoiy equipment including concrete and asphalt hatrh ,p1anr b. -Maximum number of employees: 7 , and number of shifts: 3 c. Number of stages to be worked: 3 , and periods of time each is to be worked: 12:00 a.m. to 8:00 a.m. ; 8:00 a.m. to 4:00 p.m. and 4:00 p.m. to 12:00 midnight. d. Thickness of mineral deposit: 7' feet, and thickness of the overburden: 2' e. This will be a got/dry pit operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Entrance and exit is off of Rd 7 RriAges to be used would be those existing on Highway 119 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Recreation oriented with possible accommodation for buildings (see Reclamation Plan) . -b. Source of technical advice for reclamation: Tiefel and Associate% c. Explanation of Reclamation Process: Simultaneous reclamation by phase, i.e. , as Phase I is completed, it will be reclaimed as mining is commenced on Phase II, etc. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. ::: WELD 1 /5 UNT r s/,�/µv"' / �/V/ L COLORADO A- ��rs� L^� /A z- G b l�� h.9tgEA Signatur tur : Owner uthorized Agent Subscribed and sworn to before me this '-f day of (tura;_A4- , 1937 7 J SEAL /ir ,t 77? 0la , �LI1 NOTARY PUBLIC • My Commission expires 871322 Z- of � SSO 8 JULY, 1987 DEVELOPMENT REPORT FOR USE BY SPECIAL REVIEW FOR FRONTIER/HAMM MINING PLAN PROPOSAL SUMMARY The subject property consists of approximately 210 acres located west of Del Camino in the south half of Section 4, Township 2 North, Range 68 West. Specifically, the property is located on both sides of the St. Vrain Creek north of State Highway 119; bounded on the west by County Rd. 51 and on the east by County Rd. 7. The proposal is to mine the property over fifteen years creating eight total lakes (one already exists with seven (7) new lakes proposed) . The overburden will remain on site and will be used for reclamation and the creation of building use pads around the exterior of the property. The mining plan has been drawn reflecting the St. Vrain Flood Plain and several geographic features. The existing County Rd. 7 is proposed to be utilized for access. It is currently being used for neighborhood traffic and has an excellent intersection with State Highway 119. Consequently, all processing is proposed to be adjacent to this County road. The sand and gravel material will either be transported by scrapers or conveyors to the processing site as depicted on the Extraction Plan Map. Also included in this proposal is a request for approval of asphalt and concrete batch -plants. The owners of the property are the Richard Hamm Family (JCK Farms, Ltd.) with the Lessee, Frontier Sand and Gravel, Inc. Frontier will be responsible for all mining and reclamation. The Reclamation Plan Map depicts the approximate final configurations for the six new lakes. Details and notes for re-vegetation are designated on the plan. The owners will also enter into an agreement with the St. Vrain and Left Hand Water Conservancy District for augmentation of the potential water which will evaporate from the created lakes. 871122 P.O. Box 608 Boulder, Colorado 80306 (303)665-9390/665-7741 MINING PLAN The subject property consists of approximately 210 acres of historically utilized agricultural land. St. Vrain Creek traverses the property generally through the middle in a southwest to northeast direction. The site is basically void of any bushes or trees except the area immediately adjacent to St. Vrain Creek. Along the northern portion of the property there is a rather significant, dense grove of cottonwood trees which have been recognized and will not be disturbed with the mining plan. Various species of grasses exist throughout the property. There are no residences on the property nor agricultural structures. There are no irrigation ditches on the property which serve any other adjacent properties. There are however, several low areas which reflect the historic flooding conditions of St. Vrain Creek. The property is very flat in terrain ranging in elevation from the highest point at the west boundary with an elevation of 4858' to the north boundary with an elevation of 4841' . There is a drop in elevation from the south to the north property line in the mining area from 4850' to 4841' . Mining on the property is proposed to be year-round and on a daily basis with the exception of Sundays and holidays. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This request includes both an asphalt and concrete batch plant to be located on the property. The applicant foresees a need for both uses and projects the quality of the material as being excellent for both concrete and asphalt products. With the future expansion of the Del Camino area likely, the need for these gravel products can be justified. In addition, the applicant would like to have the opportunity to crush -periodically over a 24 hour/day period - with proper notification to Weld County if Frontier would have a public project. Generally, there will be six employees on the property for the mining -and crushing activity. In addition, and exclusive of crushing, there would generally be seven employees on site: Two for the concrete plant; four for the asphalt plant; and another person in the office/scalehouse. The entire mining area will be fenced for security with "No Trespassing" signs appropriately posted. _ 2 _ 8'71120' The term of the mining plan is proposed to be 15 years which is the time period Frontier Sand and Gravel estimates will be required to utilize the material for various Weld County projects. Based upon an average depth -of 7 feet of gravel over 165 acres there would be nearly 2.5 million tons of material available. At an average rate of 167,000 tons per year the life of the pit operation would be reasonable. Upon completion of each mining phase reclamation will occur simultaneously. The reclamation plan is attached and incorporated into this report. Mining Plan Description - The total property boundary comprises of 210 acres; however 165 acres are proposed to be disturbed within the mining area. The attached mining plan map has designated the property boundary together with the mining limits by designations of five phases. She specific designation of the five mining phases includes specific -details for the dewatering trenches, stockpile areas, crushing area, washing area and equipment storage. The mining plan for each phase will be to strip existing vegeta- tion; strip existing topsoil in the designated storage area for subsequent reclamation; construction of a perimeter dewatering trench around the designated phase; the removal of any additional overburden; and finally, the excavation of sand and gravel material into the processing area. The removal of vegetation, topsoil and overburden will be performed with motor graders and motor scrapers; the water in the dewatering trench will continuously be pumped into the existing lake (No. 1) ; and the stock- pile of the sand and gravel material will be created with scrapers and front end loaders. For Phases IV and V discharge permits will be obtained from the State of Colorado Health Department. The crushing and washing operations will be set up within the desig- nated areas according to the mining plan map. The wash operation will require two ponds for clarification and settling. All equipment storage will be located within the designated areas on the mining plan map together with the installation of an office/scale house and weight scales along the access road. 871.2422 — 3 - -Sand and gravel extraction has occurred on the property in the northern half. Two separate locations of extraction have occured; 1) the existing lake (approximately, 16 acres) was made by the removal of -sand and gravel utilized for the widening of Colorado Highway 119 by the State of Colorado Highway Department in 1978; and 2) existing stockpiles of gravel on the west side of St. Vrain Creek were created by virtue of the site being utilized by the Weld County Public Works Department in 1983-85 (USR 535:82:50) . Significant gravel extraction has historically and is currently occurring on properties to the south of Colorado 119 and east of County Rd. 7. Gravel mining will likely occur in the future to the north with continued agricultural uses on the hills to the west. The closest residential structures are located immediately to the east on the corner of Rd. 7 and to the west immediately across County Rd. 51/2. The residence to the west is owned by the applicant and consideration for the residence to the east has been given in the design of this application. The impact is expected to be minimal as the traffic from this proposed use will occur south of the existing home. With the exception of the vegetation adjacent to St. Vrain Creek, the balance of the property consists of agricultural grasses with very few trees or shrubs. The reclamation plan proposes to enhance the surroundings with the addition of the lakes as amenities with significant plantings of trees for aesthetics. -871322 RECLAMATION PLAN Reclamation of the property will occur simultaneous with the mining _gof each subsequent -phase. As Phase I is complete with the extraction of gravel and extraction commences on -Phase II, reclamation will commence on Phase I. Prior to extraction commencing on Phases III, IV, V and XI, each subsequent phase will be reclaimed respectively. The reclamation plan depicts the approximate, final configuration of the eight lakes. Each of the lakes vary in size and shape based on a personal desire of the owners and reflecting the specific phase boundaries. The water surface has been created with the anticipation that the existing overburden can backfill all of the remaining land in each phase. The backfilled land has been designated as either open space or a building use pad. No particular, specific uses are envisioned for the use pads at this time. They will of course be subject to future Comprehensive Plan and Zoning requirements of Weld County. Below is a land use summary of the acreages which have been designated for the lakes, building use pads and open space areas. LAND USE SUMMARY I. LAKE NO. 1 16 AC. * 2 20 AC. * 3 15 AC. * A 3 AC. * 5 7 AC. * fi 5 AC. * 7 20 AC. * 8 12 AC. * 98 AC. * ( 46.7% ) II. BUILDING USE PAD A 4.65 AC. * B 6.68 AC. * C 4.29 AC. * D 14 AC. * E 5 AC. * 34.62 AC. * ( 16.5% ) III. OPEN SPACE 77.38 AC. * ( 36.8% ) TOTAL 210 AC. * ( 100% ) 871322 5 - A total of three hundred (300) trees will be planted for the site's reclamation. She location of the trees as shown on the Reclamation Map are conceptual and will be determined in the field with the owner at the time of planting. Each phase will have approximately 50 trees allocated as follows: TREES SPECIES 30 Cottonwoods 10 Russian Willows 10 Russian Olives 50 'TOTAL All trees shall be no less than 2" in caliper size. Each of the building use pads and all of the open space areas will be graded and planted with a dryland pasture mix grass. The shoreline of each lake will be made by dozing up the remaining pit run gravel and underlying shale. The water table is expected to infiltrate the created lakes thereby naturally filling them with water. During the review process of the permit, an agreement will be entered into with the St. Vrain Conservancy District augmenting the anticipated evaporated water. The property has sufficient historic water rights to satisfy this requirement. 871322 - 6 - ADDITIONAL CONSIDERATIONS Below is a list of summary statements explaining how the proposal affects various items of Weld County's planning policies: 1. She application is consistent with the adopted Weld County Comprehensive Plan (Jan. '87) with respect to two key areas: A. The extraction of an identified sand and gravel deposit prior to urbanization; and B. Respect for the projected land use conceptual plan which has identified the subject property for open space. 2. The proposal is consistent with the Agricultural Zone District as the proposal is a permitted use subject to Special Review. Sand and gravel extraction has been identified as an agricultural use. 3. The application was designed with consideration of the health, safety and welfare of the inhabitants of the neighborhood and the County. The processing area has been located to minimize any flood plain obstructions; the access to the site is off an existing County road with a safe intersection with Colorado Highway #119; and the stockpiling of overburden will be appropriately placed screening the operation from adjacent properties. 4. The application would be compatible with the existing surrounding uses to the south and east in particular. There are existing sand and gravel operations ongoing. It is likely that sand and gravel extraction will occur in the future to the north. Lastly, the owners of this property also own property to the west. - 7 - 871322 5. The proposed use of the site following reclamation will be compatible with the future development of the surrounding area as projected by the existing Zoning and Comprehensive Plan documents. The creation of lakes and open space is compatible with the agricultural zone as well as the conceptual land use plan of the Comprehensive Plan. 6. The Special Review area is located in the 100 Year Flood Plain of St. Vrain Creek as identified by the U.S. Corp of Engineers. Consequently, the application would be subject to the Flood Plain Overlay District. Subject to the application approval or simultaneous with the review process, a grading plan will be submitted reflecting the criteria for the Overlay District. The lakes and open space are not anticipated to be any higher than current, existing grade. The applicant would prefer the building use pad areas to be raised above the 100 Year Flood Plain level. If the filling of those areas does not raise the flood plain elevation more than one foot (1') , the use pads will be filled three to five feet (3' to 5') higher than the 100 Year Flood Plain elevation. 7. Water supply will be needed for drinking purposes for the employees; washing in the gravel washing operation and lastly for the asphalt and concrete batch plants. Either a groundwater well or domestic mater system will be used to meet these requirements. In order to protect the water users association, an augmentation plan will be entered into for the evaporative water. 8. With respect to noise protection, Frontier will meet all applicable County and State requirements. Appropriate permits will be obtained and all machinery with engines will be muffled. The location of the crushing operation and batch plants will be oriented to minimize noise levels directed to adjacent properties. In no instance however, will the noise standard be exceeded. 871322 - 8 - Tri-Area Planning Commission P. O. Box 363 Frederick, CO 80530 September 3 , 1987 Ms . Lanell J. Swanson Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms . Swanson: At the regular meeting of the Tri-Area Planning Commission held on September 1 , 1987 application from Tiefel and Associates for open-pit mining and materials processing, asphalt and concrete batch plants was on the agenda. After great discussion and many concerns about this operation a motion was made to deny application for the following reasons: 1 . The Del Camino Land Owners Association has voiced their objections of an asphalt company in this area. 2 . The increase of heavy traffic . We are seeing continual development in this area and nothing is being done to get traffic lights in the area to help control the present hazardous and heavy traffic . Should you have any questions , please don' t hesitate to call . Sincerely, c ( /1/(67A Rebecca E. Marker -- Secretary Tri-Area Planning Commission /rm O1 \ � ROY ROMER7c) JERIS A. DA N Governor ra O State Engineer *J876-* OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 11 , 1987 Ms. Lanell J. Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Tiefel and Associates, Frontier Sand -and Gravel, Hamm Pit SE1/4, Sec. 4, T2N, R68W 1JSR-809:87:35 Dear Ms. Swanson: We have reviewed the above referenced proposal to mine sand and gravel on -a 210-acre tract of land. In addition to an existing 16-acre lake, seven other ground water lakes will be created by the mining, totaling 82 acres. These lakes will be reclaimed for recreation. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in Section 37-92-103, CRS (1973), as putting the water to beneficial use. Since the source of water for the lake that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to excava- tion of the gravel pit. Otherwise, Frontier Sand and Gravel will be in viola- tion of Section 37-90-137, CRS (1973) . Since the proposed gravel pit would be located in an over-appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. frontier Sand and Gravel has provided insufficient information concerning the use of water in the mining operation. In order for us to comment, we would need to know the quantities of water to be used for dust control , wash- ing, and other purposes. We would also need to know the sources of water for the operation and the legal right to use these water sources. Frontier Sand and Gravel will not be able to use water from the pit for the mining operation unless replacement water for the additional consumptive use is included in the plan for augmentation. All water used in the mining operation must be per- mitted or decreed for industrial or commercial uses. 871322 Lanzll J. Swanson Page 2 September 11, 1987 The application mentions an agreement with the St. Vrain and 1-eft Hand Water Conservancy District will be obtained to augment the water which will evaporate. We would need a signed copy of such an agreement before we could comment on its adequacy. In summary, we cannot recommend approval of this application until the issues discussed in this letter are addressed. Further, we will order Frontier Sand and Gravel to cease operations if our Water Commissioner deter- mines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sincerely, 1a 4 D. Sims P.E. Deputy State Engineer HDS/JCM:ma/0699I Lc: Alan Berryman, Div. Eng. Steve Lautenschlager )1 G T\-v7 7 SFP141987 B71322 )'&J- --- -- n. ow•,nnmu „ammISSIDI PANTI NDLE EASTERN PIPE LINE COMPANY P.O.BOX 127 •638 N.7TH AVENUE BRIGHTON,COLORADO 8O5O1 • 13O3)650-8822 September 14, 1987 Ms. Lanell J. Swanson Weld County Planning Commission 915 10th Street Room 342 Greeley, Colorado 80631 Dear Ms . Swanson: Please find enclosed a copy of our as-built map which illustrates our pipe line #16-1D-075-577-4" as highlighted, located in the Southeast Quarter of Section 4, Township 2 North, Range 68 West, Weld County, Colorado. Also enclosed is a copy of our Right-of-Way Grant dated 7-31-84 executed by Richard Hamm as General Partner of J.C. K. Farm, Ltd. We maintain a 50-foot wide right-of-way and will not allow any build- ing within that easement area. The owner or developer shall have the right to construct and maintain utility lines, streets, sidewalks, and driveways which may be installed at approximate right angles to the pipe line herein authorized, provided, however, that all utilities maintain 18 inches clearance from our pipe line. No paved or traveled portion of any street, sidewalk, driveway, road, parking area, alley or curbing will be placed substantially parallel to and within fifteen feet of the pipe line. In the event of a proposed crossing with a road or utility, notification of 48 hours is to be given to Panhandle so the line may be properly located to eliminate accidents that can occur from foreign forces, and _determine load factors of axle weight for road crossings. We will be more than happy to work with the developer on this project. If for any reason our line must be moved, or altered, it will be at the expense of the developer or the person or persons asking for this movement. If you have any questions or concerns, please call me at 659-5922. Sincerely, PANHANDLE EASTERN PIPE LINE COMPANY Roaca, ---- Robert J. Clair Right-of-Way Supervisor Enclosures 87132° RJC/dlo • cc: J. E. Selvidge z " I a ; i ! . N.- •f • ctN A 1 O i _ t it•II I. I dii a 1 -2.005 - j ..� X er tlt. :Q� ti 0) . • f Io —1-4* ... J b , .O -1/4.4 ,- ., . . . . . in * ' lit "• • c0 till o \ I t o0 O -: ' a to o v; z _ o . o -x x--x I:fi t •_ - $ # m I m O Is I en N 6 b I • • d7 0 co • Ys • - i - . N. II _y. • Z _co a — — --inWN o�v fn ' \ Q O IA hr•- 9'44I �N o rn "' et � 2 . • ...t 7 _ _ 7 __A__ 1569.2 -- ..1 c-1e-10—c375— En-4" Sac's 3, 4 E 9 z9°o-?'0511 T 211 - R p`(3 V`J � \,I AMoco - CZ:- EMAGMER YaSLt Co, CoLO • -II n:. .- SI-13 \p-10-075-20' , PROP. 1b-10-015-511-4° 25 — ' N N :j Hwr 1.'": l X X I 61°59:0Z° ' +-15' --><J 1;83.11 t N 1 I- ZO 5C2814C---c \ 166, "� I BARRETT - DOMEN IGO t 1 MS 306.1\-0 PROP. \9-10-015-1350-3° Boor- S ,Z9, TRANS.ENQ. Z6 zo 29 DES.ENQ. ' Mc %35 pp•LEAD, c►+EcxEn,�r ‘2-27-711 . I L1,4 CN.G 6-2-7-84 DRAW, WRE 5-15.84 PROJ.ENQ. REV.NO. DESCRIPTION DATE SCALE, 1"=1000' DATE APPROVALS DATE PEut 4/111 .. COLORADC: Right-of-Way Grant • KNOW ALL MEN BY THESE PRESENTS,that JCK Farm, Ltd. , a limited partnership of the Post Office of Longmont in the State of Colorado hereinafter referred to as "Grantor" (whether one or more), in consideration of Ten Dollars ($10.00) and other good and valuable considerations, to Grantor in hand paid, receipt of which is hereby acknowledged, hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, A Delaware Corporation, having an office at 635 North 7th Ave.; Brighton, Colorado, 80601 its successors and assigns, hereafter referred to as "Grantee," a Right-of-Way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a pipe line together with the rights for drips, pipe line markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said line and for the transportation of oil, gas or other substances therein, under, on, over and through the premises hereafter described, and the Grantee is granted the right of ingress and egress, to, on, from and over the following described premises for the purposes aforementioned in the County of Weld in the State oil.Colorado, to-wit: • The South Half, of";the Southeast Quarter of Section 4, Township 2 North Range 68 West of the 6th' P.M.-`' ; For other .terms. and conditions of this Right-of-Way Grant, refer to EXHIBIT "A" attached hereto and by-:reference made a part hereof. • TO HAVE AND TO HOLD said easements, rights, and Right-of-Way unto the said PANHANDLE EASTERN PIPE LINE COMPANY, its successors and assigns. All pipe installed hereunder shall be buried a minimum of 42 inches . Grantor shall not construct orplace anything over or so close to any pipe line or other facility of Grantee as will be likely to interfere with Grantee's surveillance of or access thereto by use of equipment or means customarily employed in the surveillance of or maintenance of said pipe line nor intentionally cause the original cover over said pipe line to be reduced below whichever is the greater of a minimum cover of thirty (30") inches or below the minimum cover required at any time by any applicable pipe line safety code. All damage to growing crops, drainage tile and fences of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after the damage is done. The Right-of-Way granted herein shall be fifty (50') feet in width. • This Grant shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto, and all rights herein granted, or any of them separately, may be released or assigned in whole or in part. It is understood that this Grant cannot be changed in any way except in writing, signed by the Grantor and a duly authorized agent of the Grantee. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals this 31st day of July , A.D., 19 84 JCK Farm, Ltd. , a limited partnership 7 By:. � 871322 EXHIBIT "A" -Said pipe line right-of-way shall be 30 feet in width. During the construction period, Grantee shall indemnify and hold Grantor harmless from any cattle loss or other injury or _claim, except that caused by Grantor's negligence, arising out of Grantee's activities carried on upon Grantor's here- tofore described premises. Grantee shall indemnify and hold the Grantor harmless from and against any and all claims, demands, And liabilities of every kind and nature arising out of any action or claim by any third party for personal injury or property damage arising out of the construction or operations of the said pipe line. However, nothing in this paragraph will apply to actions, claims or demands resulting from negligence of Grantor or its agents. Grantee agrees that should a crop deficiency occur as a result of the construction r or removal of said pipe line the Grantee will pay such deficiency each year it '`Av.,-+" �J exists for a period not to exceed three (3) years, commencing with the crop of j 198'S ; provided, however, Grantors or their tenant notifies Grantee in writing,> �" at the local field off ice, at least fourteen (14) days prior to harvesting said crop in order that Grantee's agent may view said crop deficiency. Should Grantee discontinue the use of said pipe line for a period of twelve (12) _consecutive months or remove said pipe line, Grantee agrees to execute and _deliver to Grantor, his successors or assigns, a proper release of the right-of- way granted herein. Grantor shall have the right to use, enjoy and cultivate the premises subject to the terms hereof. All damage to water line and cement drain ditch caused by construction of pipe line will be repaired by Grantee. in exercising the right provided hereunder, Grantee shall make reasonable effort to contact Grantor prior to entering the above described property fbr any pur— pose unless an emergency exists whereby such contact cannot reasonably be made. 871322 Hello