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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL
REVIEW PERMIT#397 FOR AN OPEN PIT SAND AND GRAVEL MINING
OPERATION AND MATERIALS CONVEYANCE, AS SUBMITTED IN THE
APPLICATION MATERIALS, IN THE A (AGRICULTURAL)ZONE DISTRICT -
BOULDER CREEK ESTATES, LLC
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 18th day
of December, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Boulder Creek Estates, LLC, 3715 Brighton Boulevard, Denver,
Colorado 80216, for a Site Specific Development Plan and Amended Special Review
Permit#397 for an open pit sand and gravel mining operation and materials conveyance, as
submitted in the application materials, in the A (Agricultural) Zone District, on the following
described real estate, to-wit:
Located in Section 9, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented at said hearing by John Hickman, Western
Mobile, 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, 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,
Natural Resources and Transportation Goals and Policies.
&; PG) NZ-j /W; 4.aZ1.Ce&"L%41-i f 0j 1 7[ & 962277
0010/97) PL1062
,
SPECIAL REVIEW PERMIT#397 - BOULDER CREEK ESTATES, LLC
PAGE 2
CM.Goal 2 states: "Promote the reasonable and orderly development of
mineral resources." This proposal encourages the extraction of mineral
resources prior to any development on the site and is located on an
existing gravel mining operation.
b. The proposal is consistent with the intent of the Agricultural Zone District
and is provided for as a Use by Special Review.
A.Goal 5 states: "The extraction of mineral and oil and gas resources
should preserve or minimize the impact on prime agricultural land." This
proposal is an amendment to existing Special Use Permit#397 which
includes the conveyance of materials under State Highway 119 to
USR#1132 for processing and sales.
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. Surrounding land
uses include a gravel operation to the north, agriculture to the east,
south, and west.
d. Amended 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 Boulder Creek Estates, LLC, for a Site Specific
Development Plan and Amended Special Review Permit#397 for an open pit sand and gravel
mining operation and materials conveyance, as submitted in the application materials, 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 Amended Special Review Permit
shall be adopted and placed on the Amended 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 Amended Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the Amended Special Review
plat is ready to be recorded in the office of the Weld County Clerk and Recorder.
962277
PL1062
SPECIAL REVIEW PERMIT#397 - BOULDER CREEK ESTATES, LLC
PAGE 3
3. Prior to any activity in wetlands or streams, the applicant shall contact the U.S.
Army Corps of Engineers.
4. The applicant shall apply for and obtain a Flood Hazard Development Permit for
any use that lies in the floodplain and is not currently permitted through an
existing Flood Hazard Development Permit.
5. If the traffic volumes generated by this site have an increase of more than twenty
percent (20%) from the previous use at the connection to State Highway 119, the
applicant shall contact the Colorado Department of Transportation to re-evaluate
the access.
6. Prior to recording the plat:
a. The applicant shall submit evidence to the Department of Planning
Services that the operation is insured to the extent of not less than
$100,000.00 against liability for any negligent act or omission by the
operator from the operation or maintenance of the sand and gravel pit
and the extraction and production of sand and gravel and all activities
connected with or incidental thereto.
b. A NPDES Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Public Health and Environment
for any proposed discharge into State Waterways.
c. An Air Pollution Emission Notice and emission permit shall be obtained
from the Air Pollution Control Division of the Colorado Department of
Public Health and Environment for emissions from the mining operations.
The site shall operate in accordance with all applicable rules and
regulations of the Air Pollution Control Division.
d. The operator shall submit a dust abatement plan to the Weld County
Health Department for review and approval. A copy of the approved plan
shall be submitted to the Department of Planning Services.
7. An individual sewage disposal system shall be installed and/or maintained
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 working face and portable processing
equipment, etc., for up to six months at each location.
962277
PL1062
SPECIAL REVIEW PERMIT#397 - BOULDER CREEK ESTATES, LLC
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ateell? FXCI JSFf) flATF (7F SIC-ININC-1 (AYF)
Barbar J. Kirkmeyer, Chair
Weld County Clerk to the Board
z org . Baxter, Pr -Tem
BY: a.4
Deputy Clerk to the Board `\\\
Dale K. Hall
D AS TO FORM:
Constance L. Harbert
Co y or FXCI JSFf
W. H. Webster
962277
PL1062
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BOULDER CREEK ESTATES, LLC
AMENDED USR#397
1. The Site Specific Development Plan and Amended Special Review Permit is for the
expansion of existing USR#397, for an open pit sand and gravel mining operation and
conveyance of materials under State Highway 119 to Amend USR#809 site and
USR#1132 site 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.
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. Any violation of
these regulations shall be grounds for cancellation of the Permit.
4. All Operations on said described parcel shall maintain conformance at all times with the
Weld County Flood Hazard Overlay District.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as
measured according to 25-12-102, Colorado Revised Statutes.
10. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
11. The site shall maintain compliance with the Mountain View Fire Protection District, the
U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers.
12. Mining in the St. Vrain or Boulder Creek shall be prohibited.
13. No excavation or processing of sand and gravel or lake boundary after reclamation shall
be permitted nearer than 100 feet to the St. Vrain or Boulder Creek.
962277
PL1062
DEVELOPMENT STANDARDS - BOULDER CREEK ESTATES, LLC (AMENDED USR#397)
PAGE 2
14. 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 restriction shall not apply to operation of administrative and executive offices or
repair facilities located on the property.
15. The proposed road crossing at Boulder Creek shall be elevated to allow the passage of
canoes and small boats on the river.
16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
17. No excavation shall occur within 25 feet of an easement.
18. No excavation shall occur within 50 feet of State Highway 119.
19. No excavation shall occur within 250 feet of any existing residence.
20. Excavation-generated traffic shall utilize the approved haul road, Weld County Road 7,
and shall maintain compliance with the existing improvements agreement.
21. Lighting provided for security and night operation on the site shall be designed so that
the lighting will not adversely affect surrounding property owners.
22. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive
dust, and the growth of noxious weeds. The site shall be maintained in such a manner
as to present a neat and well kept appearance.
23. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in
order to protect against and/or reduce noise, dust, and erosion.
24. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over
the excavated area.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
27. Personnel from the Weld County Health Department and the 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.
962277
PL1062
DEVELOPMENT STANDARDS - BOULDER CREEK ESTATES, LLC (AMENDED USR#397)
PAGE 3
28. The Amended 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.
29. 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.
962277
PL1062
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF DECEMBER, 1996:
DOCKET#96-62 - SECONDED AMENDED USR #972 AND AMENDED CERTIFICATE OF
DESIGNATION for LAIDLAW WASTE SYSTEMS (COLORADO), INC.
DOCKET#96-63 - AMENDED USR #397 for BOULDER CREEK ESTATES, LLC
DOCKET#96-64 - AMENDED USR #809 for JCK GRAVEL, INC.
DOCKET#96-65 - USR #1132 for JCK GRAVEL, INC.
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF DECEMBER, 1996:
DOCKET#96-62 - SECONDED AMENDED USR #972 AND AMENDED CERTIFICATE OF
DESIGNATION for LAIDLAW WASTE SYSTEMS (COLORADO), INC.
DOCKET#96-63 - AMENDED USR#397 for BOULDER CREEK ESTATES, LLC
DOCKET#96-64 - AMENDED USR #809 for JCK GRAVEL, INC.
DOCKET#96-65 - USR #1132 for JCK GRAVEL, INC.
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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IIBIT INVENTORY CONTROL SHEE
Case 61102da a6,e*397 - ,U , i_L-C
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