HomeMy WebLinkAbout982282.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL
REVIEW PERMIT#672 FOR A SAND AND GRAVEL MINING OPERATION IN THE
A(AGRICULTURAL) ZONE DISTRICT - COULSON EXCAVATING, % DICK
COULSON
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 23rd day
of November, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Coulson Excavating, % Dick Coulson, 3609 North County Road 13,
Loveland, Colorado 80538, for a Site Specific Development Plan and Amended Special Review
Permit#672 for a Sand and Gravel Mining Operation in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Portions of NW'%NEY4SW'% of Section 29, Township 5 North,
Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present and represented by Gary Tuttle, TuttleApplegate,
Inc., at said hearing, 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. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources." Additionally, no prime farm
land will be taken out of production with this proposal.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural).Zone District. Section 31.4.1 of the Weld County Zoning
Ordinance provides for mineral resource development facilities as a Use
by Special Review in the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#672 - COULSON EXCAVATING, C/O DICK COULSON
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c. Section 24.4.2.3 -- The proposal will be compatible with existing
surrounding land uses, which include agricultural activities.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. Referral
packets were sent to the Town of Johnstown, and the Town's concerns
were addressed. The Town of Milliken did respond and had no conflict
with the application. The City of Greeley did respond and had no conflict
with the application.
e. Section 24.4.2.5 -- The proposal is located within the Flood Hazard
Overlay District Areas as identified by FEMA Community Panel #080266
0651 C. Conditions of Approval and Development Standards address the
issue of the floodplain.
f. Section 24.4.2.6 -- No prime farmland will be taken out of production with
this proposal.
g. Section 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the
protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
h. Section 44 -- Additional requirements for Open Mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 44 of the Weld County Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Coulson Excavating, % Dick Coulson for a Site Specific
Development Plan and Amended Special Review Permit#672 for a 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 Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
completed 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. Prior to recording the plat:
A. Any existing NPDES Permit shall be appropriately amended by the Water
Quality Control Division of the Colorado Department of Health.
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SPECIAL REVIEW PERMIT#672 - COULSON EXCAVATING, C/O DICK COULSON
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B. Any existing emission permit shall be amended by the Air Pollution
Control Division of the Colorado Department of Public Health for
emissions from the mining operations. If the Colorado Department of
Health determines the operation does not require a modification to the
existing Emission Permit, the applicant shall submit information to the
Department of Planning Services which indicates this. The site shall
operate in accordance with all applicable rules and regulations of the Air
Pollution Control Division.
C. The applicant shall submit a Dust Abatement Plan to the Weld County
Health Department for review and approval. The facility shall have
sufficient equipment available to implement dust control as required by the
Weld County Health Department. Evidence of Health Department
approval shall be submitted to the Department of Planning Services.
D. Bathroom facilities shall be provided for employees. If applicable, a septic
system and permit shall be required, or 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.
E. The applicant shall apply for the appropriate building permit for the office
trailer to be located on the property. Additionally, the plat shall be
amended to include the location of the office trailer.
F. Weld County Road 54 is designated on the Transportation Plan Map as a
Collector Status road requiring 80 feet of right-of-way at full build out.
Presently, there is 60 feet. The applicant shall reserve an additional 10
feet of right-of-way for future build out adjacent to Weld County Road 54.
G. The applicant shall submit a Storm Water Retention Plan to the Weld
County Public Works Department. Evidence of Public Works Department
approval shall be submitted to the Department of Planning Services.
H. The applicant and/or owner shall resolve the violation with the Department
of the Army, Corps of Engineers, in accordance with Section 404 of the
Clean Water Act.
Water will be used at the site for dust control. Water will be applied to
haul roads and stockpiles. It is estimated by the applicant's representative
that one load from a 3,000-gallon capacity water truck twice a day,
Monday through Saturday, for nine months is required for dust control.
This result may alter the consumptive use calculation in the application
due to the fact that the water for dust control was noted in the application
to take place from Monday through Friday, not including Saturday. Mining
operations will take place Monday through Saturday. If any calculation
change is warranted, it should be made to appropriate agencies, and
amended in appropriate documents.
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SPECIAL REVIEW PERMIT #672 - COULSON EXCAVATING, CIO DICK COULSON
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J. The applicant shall submit a Landscaping and Screening Plan for the
topsoil stockpiles located along Weld County Road 54, pursuant to
Section 24.7.3.13 of the Weld County Zoning Ordinance and
CM.Policy 4.2 of the Weld County Comprehensive Plan.
K. The operator shall submit evidence of insurance 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, pursuant to Section 44.4.10 of the
Weld County Zoning Ordinance.
L. 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.
M. The following notes shall be placed on the final plat:
1. 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 Operation Standards.
2. The operator will maintain the reclaimed mine site until it has been
stabilized and vegetation is re-established.
3. The applicant shall present to the Department of Planning Services an updated
version of the Road Maintenance and Improvements Agreement for the
maintenance of Weld County Road 54, between Weld County Roads 13 and
15.5, which addressed all concerns of the Weld County Public Works Department
staff and has Coulson Excavating as the contracting party.
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SPECIAL REVIEW PERMIT#672 - COULSON EXCAVATING, C/O DICK COULSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of November, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �
�'fi�T � (illLr�s�xti/ i7�' ,��� -, Constance L. Harbert, Chair
Weld County Clerk to the o
tile
i ;10. � eb er,Fro-Tem
BY: ►I,y�- �rl
Deputy Clerk to the , e ', ^� , <
org . Baxter
APPROVED AS TO FORM:
DaTet. Hall
etvi/L!/�Y�
County� d//1-Mutre_n_
rney . l2tz ,
Barbara J. Kirkmey
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COULSON EXCAVATING, C/O DICK COULSON
USR#672
1. The Site Specific Development Plan and First Amended Special Review Permit is for an
Open Sand and Gravel Mine in the A (Agricultural) Zone District, as submitted in the
application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. The open-pit gravel operation shall comply with the operation policies identified in
Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations
shall be grounds for cancellation of the Permit.
4. All operations shall be in conformance with the Weld County Flood Hazard Overlay
District Regulations, as follows:
A. No fill, berms or stockpiles shall be placed in the One-Hundred (100) Year
Floodplain 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. 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 of 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 80db(A), as
measured according to Section 25-12-102, C.R.S.
10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
11. Drinking water shall be supplied at the facility by delivered bottled water for employees.
12. The facility must comply with the rules and regulations of the Colorado Division of
Minerals and Geology.
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DEVELOPMENT STANDARDS - COULSON EXCAVATING, % DICK COULSON (USR #672)
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13. The applicant and the Weld County Public Works Department have a Road
Improvements Agreement in place for Weld County Road 54. Weld County Road 15.5 is
not a portion of the designated route and will not be used for heavy hauling.
14. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
15. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
16. All parking and vehicle storage shall be provided on the site and not permitted within any
public right-of-way.
17. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
18. 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 hereon and all applicable Weld County regulations.
19. 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.
20. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval
of a second amendment of the Permit by the Weld County Board of 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 and to the
Clerk to the Board.
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