HomeMy WebLinkAbout961583.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED
SPECIAL REVIEW PERMIT #247 FOR A WET SAND AND GRAVEL MINING
OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT -WESTERN MOBILE
NORTHERN, C/O JOHN PINELLO
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 11th day
of September, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Western Mobile Northern, c/o John Pinello, P.O. Box 2187, Fort
Collins, Colorado 80522, for a Site Specific Development Plan and Second Amended Special
Review Permit#247 for a wet sand and gravel mining operation in the A (Agricultural) Zone
District on the following described real estate, to-wit:
A tract of land located in Sections 34 and 35, Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented at said hearing by Greg Lindsey, General
Manager for Western Mobile Northern, 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, 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. This proposal is consistent with the Weld County Comprehensive Plan,
as amended, Natural Resources, Transportation and Urban Growth
Boundary Goals and Policies. The Conditions of Approval and
Development Standards will ensure that these goals and policies are met.
The Comprehensive Plan encourages the extraction of mineral resources
when the mining plan promotes reasonable and orderly development of
mineral resources.
#1-(EPi) PW; Wes/ern P91583
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SECOND AMENDED SPECIAL REVIEW PERMIT#247 - WESTERN MOBILE NORTHERN
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b. The proposal is consistent with the intent of the Agricultural Zone District
and is provided for as a Use by Special Review.
c. The uses permitted will be compatible with the existing surrounding land
uses and with the future development of the surrounding areas as
permitted by the Weld County Comprehensive Plan, as amended.
Surrounding land uses include the Cache La Poudre River, agricultural
production, sand and gravel mining, a residential subdivision and
numerous residences.
d. Special Review Permit Development Standards will provide adequate
protection of the health, safety and welfare of the neighborhood and
County.
e. Portions of the subject site are in the Flood Hazard Overlay District area.
Development Standards and Conditions of Approval address this issue.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Western Mobile Northern, do John Pinello, for a
Site Specific Development Plan and Second Amended Special Review Permit#247 for a wet
sand and gravel mining operation in the A (Agricultural) Zone District on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Second Amended Special Review
Permit shall be adopted and placed on the Special Review Plat prior to recording
the plat. The plat shall be delivered to the Department of Planning Services and
be ready for recording in the Weld County Clerk and Recorder's Office within 15
days of approval by the Board of County Commissioners.
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 is ready to be
recorded in the office of the Weld County Clerk and Recorder.
3. The following note shall be placed on the 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.
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SECOND AMENDED SPECIAL REVIEW PERMIT#247 - WESTERN MOBILE NORTHERN
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4. The Western Hills Fire Protection District requires that a 20-foot access road to
the wells and well facilities be constructed of all weather surfaces and
maintained during all phases of the project and during all seasons.
5. The siting of mining and associated equipment shall be kept at least 150 feet
from the oil wells and related production equipment and tanks.
6. Prior to any work at this site, the property should be examined for wetlands
pursuant to Section 404 of the Clean Water Act. Any wetlands should be
delineated and mapped on the plat map. Prior to any work in an existing
wetland, the Department of the Army should be contacted for proper permits.
7. Prior to recording the plat:
a. The diking around the tanks shall be evaluated by the owner of the well
and a report forwarded to the Western Hills Fire Protection District
regarding the size of the dike, its containment capability, and the ongoing
maintenance program of said diking. A copy of this report shall be
submitted to the Department of Planning Services.
b. The applicant shall provide to the Western Hills Fire Protection District a
site plan of the access roads to the well heads in the mining area and
also the roadways to the production facilities and tanks. A copy of the
site plan shall be submitted to the Department of Planning Services.
c. The applicant shall enter into a road maintenance and improvements
agreement with the Weld County Public Works Department for haul
routes south from the main entrance to the Greeley City limits
("F" Street), and north from the main entrance to the Greeley City limits
("O" Street). This agreement shall be approved by the Board of County
Commissioners.
d. A NPDES Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health and Environment for any
proposed discharge into State waterways.
e. The applicant shall submit any necessary air permit modifications or Air
Pollution Emissions Notices to the Air Pollution Control Division, Colorado
Department of Public Health and Environment. The site shall operate in
accordance with all applicable rules and regulations of the Air Pollution
Control Division. A copy of the approved air permit modifications shall be
submitted to the Department of Planning Services.
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SECOND AMENDED SPECIAL REVIEW PERMIT#247 -WESTERN MOBILE NORTHERN
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f. The operator shall review the current dust abatement program and
submit an updated plan for approval by the Weld County Health
Department. An approved copy shall be submitted to the Department of
Planning Services.
g. An individual sewage disposal system shall be installed according to the
Weld County I.S.D.S. regulations for the office, shop building, concrete
plant, and any other structure constructed on the site in which people will
be working, congregating, bathing, etc. Portable toilets may be utilized
on sites which are temporary locations of the crusher, etc., for up to six
months at each location.
h. The applicant shall work with the Poudre River Trail Corridor Board to
designate a trail alignment. The agreed-upon Poudre Trail alignment
shall be shown on the plat.
8. The plat shall be amended to show the following:
a. The extraction plan map shall be amended to show the locations of all
roads, well heads, and production facilities.
b. The transmission and collection lines for the oil and gas operation shall
be shown and indicated on the extraction plan map.
c. The typical cross section of 35th Avenue shall be shown on the plat. The
cross section shall contain the following items:
1. Right-of-way dedication.
2. Length, width, and taper of acceleration and deceleration lanes.
3. Depth of asphalt and base for acceleration and deceleration
lanes.
4. Overall dimension from right-of-way to edge of pond to verify all
set-back requirements.
d. The scale under the earth dike cross section on the Rehabilitation Plan
map shall be amended to match the drawing.
e. The applicant shall show on the plat an acceleration and deceleration
lane to the site from 35th Avenue.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
iftw` S £4/ALL WE D COUNTY, COLORA O
2 ll <� y �in�/v _
v .` Barbara J. Kirkmeyer, Chair
n l 1.' `l0 _'+ ty Clerk to the Board
i‘r 4� � rge Baxter, P -Te
LG t
�► _ ' .... eputy Cler(o the Board
Dr. Hall
APP ED A 0 F M:
Constance L. Harbert
o nt Attorney
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WESTERN MOBILE NORTHERN, CIO JOHN PINELLO,
SECOND AMENDED USR #247
1. The Site Specific Development Plan and Second Amended Special Review Permit is for
a 368.966-acre, more or less, wet sand and gravel mining operation in the
A (Agricultural) Zone District as submitted in the application materials on file and subject
to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. The sand and gravel operation shall comply with operation policies identified in Sections
44.4, 44.5 and 44.6 of the Weld County Zoning Ordinance, as amended. Any violation
of these regulations shall be grounds for cancellation of the permit.
4. All Operations on said described parcel shall be in conformance with the Weld County
Flood Regulations including:
a. NO fill, berms, or stockpiles shall be placed in the one hundred (100) year flood
plain of the Cache La Poudre River which would obstruct passage of flood flows.
b. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items
that might wash away during flooding shall be securely anchored and adequately
flood-proofed to avoid creation of a health hazard. Following completion of
mining, all temporary buildings shall be removed.
5. "No Trespassing" signs shall be posted on the perimeter fence and maintained to clearly
identify the boundaries of the Special Review site.
6. All water used in the mining operation shall be permitted or decreed for commercial or
industrial uses.
7. No excavation shall be permitted within 50 feet of the Cache La Poudre River and within
10 feet of all other boundary lines. Access to the operation will be as shown on the
Special Review plat.
8. The operation shall be a wet-pit operation. Crushing equipment will be required on the
site.
9. Hours of operation shall be from 6:00 a.m. to 10:00 p.m.
10. Fencing, where required, shall be standard chain link with three top strands of barbed
wire. Fencing shall be a minimum of 6 feet high.
11. An earthen dike for flood prevention shall be formed along the north and west property
lines of the Cache La Poudre River.
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DEVELOPMENT STANDARDS - WESTERN MOBILE (SECOND AMENDED USR#247)
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12. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
13. No permanent disposal of wastes shall be permitted at this site.
14. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
15. Fugitive dust shall be controlled on this site.
16. The maximum permissible noise level shall not exceed the industrial limit, as measured
according to 25-12-102, Colorado Revised Statutes.
17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel
from the facility area in a manner that will prevent nuisance conditions.
18. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
21. Personnel from the Weld County Health Department and Weld County Department of
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
22. The Special Review area shall be limited to the plans shown herein and governed by the
foregoing Standards and all applicable Weld County Regulations. Major changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Planning Commission and the Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
23. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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