HomeMy WebLinkAbout20200726.tiff RESOLUTION
RE: APPROVE REQUEST TO TEMPORARILY EXTEND THE HOURS OF OPERATION
FOR AMENDED USE BY SPECIAL REVIEW PERMIT, AMUSR-1102, FOR MINERAL
RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING AND MATERIALS
PROCESSING (SAND, GRAVEL AND STONE), INCLUDING CONCRETE AND
ASPHALT RECYCLING AND A CONCRETE AND ASPHALT BATCH PLANT FACILITY
IN THE A (AGRICULTURAL) ZONE DISTRICT- L.G. EVERIST, INC.
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, on May 18, 2011, the Board of County Commissioners of Weld County,
Colorado, approved the application of L.G. Everist, LLC, Attn: Lynn Shults, P.O. Box 5829,
Sioux Falls, South Dakota 87117, for a Site Specific Development Plan and Amended Use by
Special Review Permit, AmUSR-1102, for a Mineral Resource Development including Open Pit
Mining and Materials Processing (sand, gravel and stone), including concrete and asphalt
recycling and a concrete and asphalt batch plant facility in the A (Agricultural) Zone District, for
property which is described as part of Section 32, Township 3 North, Range 67 West of the 6th
P.M., Weld County, Colorado, and
WHEREAS, Development Standard #23 was approved, to read as follows:
"Section 23-4-290.B of the Weld County Code limits the hours of
operation for sand and gravel operations to the hours of daylight,
except in the case of public or private emergency, or to make
necessary repairs to equipment. Hours of operation may be
extended with specific permission from the Weld County Board of
County Commissioners. This restriction shall not apply to the
operation of administrative and executive offices or repair and
maintenance facilities located on the property."
WHEREAS, the Board of County Commissioners has been presented with an email from
L.G. Everist, Inc., dated February 25, 2020, requesting an extension of the hours of operation at
the Firestone Gravel Resource (AmUSR-1102) for an overnight pour for an Interstate 25 (1-25)
project on Monday, March 9, 2020 (or back-up date of March 10, 2020), and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Department of Planning Services, and having been fully informed, finds that the hours of operation
be, and hereby are, extended to allow for an overnight pour for an Interstate 25 (1-25) project on
Monday, March 9, 2020 (or back-up date of March 10, 2020).
C.C.% PLC-re/ISO),PLO Mc.),LHCgFf(.L),
c a C ee,13c),QQPL 2020-0726
o3faca PL1022
REQUEST TO EXTEND HOURS OF OPERATION FOR AMENDED USE BY SPECIAL REVIEW
PERMIT, AMUSR-1102- L.G. EVERIST, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of March, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dettAtiv aGio;g1
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUS
' Steve oreno, -Tem
BY:
eputy Clerk to the Board �I� `
El, yJ Scott . James
AP O FOR i� �; ' � XCUSED
11,61• - .arbara Kirkmeyer
ounty Attorney
N.\ KevinD Ross
Date of signature: O3 no/moo
2020-0726
PL1022
Cheryl Hoffman
From: Tom Parko Jr.
Sent: Friday, February 28, 2020 10:15 AM
To: Esther Gesick
Cc: Cheryl Hoffman
Subject: Consent Agenda Item
Attachments: 20-02-26 - Letter- Big T SB Night Deck Pour.pdf; FW: Night pour request - Firestone
Gravel Resource -Aggregate Ind. - March 9, 2020
Esther,
Good morning.Just left you a voice mail on this, but please see attached.The Commissioners would like this item added
to Monday's consent agenda.The item deals with a request from LG Everest to operate outside of their normal
operating times. Details below.
LG Everist who operates a gravel mine near Firestone and associated with AMUSR-1102 is requesting the Board to
operate outside of their normal hours of operation.The specific request is to operate 10pm to 3am on March 9th.
AMUSR-1102 D.S. No 23 states, "Hours of operation may be extended with specific permission from the Weld County
Board of County Commissioners. This restriction shall not apply to the operation of administrative and executive offices
or repair and maintenance facilities located on the property".
I believe all five Commissioners are okay with LG's request.
Sincerely,
Tom Parko
Director, Dept.of Planning Services
2020-0726
03/co-. 1 IL. l022
Esther Gesick
From: Tom Parko Jr.
Sent: Friday, February 28, 2020 11:13 AM
To: Esther Gesick
Subject: FW: Night pour request - Firestone Gravel Resource - Aggregate Ind. - March 9, 2020
Original Message
From: Barbara Kirkmeyer<bkirkmeyer@weldgov.com>
Sent: Friday, February 28, 2020 6:40 AM
To: Bruce Barker<bbarker@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>; Commissioners<COMMISSIONERS@co.weld.co.us>; Kim Ogle
<kogle@weldgov.com>
Subject: Re: Night pour request- Firestone Gravel Resource -Aggregate Ind. - March 9, 2020
What if we just put on consent agenda.
Then we aren't making a decision in a DS outside of the board mtg.
Sent from my iPhone
>On Feb 28, 2020, at 6:38 AM, Bruce Barker<bbarker@weldgov.com> wrote:
>Ok to put on agenda, but do you need to notice any people who might be affected? If you miss notifying someone
who wishes to oppose,that could open a can of worms not sure you want or need to get into.
>Sent from my iPhone
»On Feb 28, 2020, at 5:10 AM, Barbara Kirkmeyer<bkirkmeyer@weldgov.com>wrote:
» I think we should put on agenda.They don't have to be present
» however Bruce-your thoughts please
»Sent from my iPhone
>>»On Feb 28, 2020, at 4:38 AM,Tom Parko Jr. <tparko@weldgov.com>wrote:
»>
1
Esther Gesick
From: Tom Parko Jr.
Sent: Friday, February 28, 2020 11:12 AM
To: Esther Gesick
Subject: FW: Night pour request - Firestone Gravel Resource - Aggregate Ind. - March 9, 2020
From:Scott James<sjames@weldgov.com>
Sent:Wednesday, February 26, 2020 2:21 PM
To:Tom Parko Jr. <tparko@weldgov.com>
Cc: Commissioners<COMMISSIONERS@co.weld.co.us>; Kim Ogle <kogle@weldgov.com>
Subject: Re: Night pour request- Firestone Gravel Resource-Aggregate Ind. - March 9, 2020
Okay with request
** Sent from my iPhone **
Scott K.James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
On Feb 26, 2020, at 1:15 PM,Tom Parko Jr. <tparko@weldgov.com>wrote:
Commissioners,
Good afternoon. L.G. Everist has submitted a request to extend their hours of operation. You can see
their specific request below highlighted in yellow.Their request must be approved by the Board of
County Commissioners as stated in their USR (Development Standard No.23). If you are okay with the
extension please let me know and I will follow up with L.G.
Thank you,
Tom Parko
Director, Dept. of Planning Services
Weld County
<image003.jpg>
1
Esther Gesick
From: Tom Parko Jr.
Sent: Friday, February 28, 2020 11:12 AM
To: Esther Gesick
Subject: FW: Night pour request - Firestone Gravel Resource - Aggregate Ind. - March 9, 2020
From:Steve Moreno<smoreno@weldgov.com>
Sent:Thursday, February 27, 2020 4:02 PM
To: Mike Freeman<mfreeman@weldgov.com>; Kevin Ross<kross@weldgov.com>
Cc:Tom Parko Jr.<tparko@weldgov.com>; Commissioners<COMMISSIONERS@co.weld.co.us>; Kim Ogle
<kogle@weldgov.com>
Subject: RE: Night pour request- Firestone Gravel Resource-Aggregate Ind.- March 9, 2020
I am fine with it also,
Steve Moreno
Weld County Commissioner At Large
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-336-7204 Ext.4207
Fax: 970-336-7233
Email: smoreno@weldgov.com
Website: www.co.weld.co.us
I t J . • —
- s h. r !
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Mike Freeman<mfreeman@weldgov.com>
Sent:Wednesday, February 26, 2020 5:03 PM
To: Kevin Ross<kross@weldgov.com>
Cc:Tom Parko Jr.<tparko@weldgov.com>; Commissioners<COMMISSIONERS@co.weld.co.us>; Kim Ogle
<kogle@weldgov.com>
Subject: Re: Night pour request- Firestone Gravel Resource-Aggregate Ind.- March 9, 2020
Ok with this request.
Sent from my iPhone
1
On Feb 26, 2020, at 3 : 15 PM , Kevin Ross < kross@weldgov . com > wrote :
I am fine with request
From : Tom Parko Jr. <tparko@weldgov . com >
Sent : Wednesday, February 26, 2020 2 : 16 PM
To : Commissioners <COMMISSIONERS@co . weld . co . us>
Cc : Kim Ogle < kogle@weldgov . com >
Subject : FW : Night pour request - Firestone Gravel Resource - Aggregate Ind . - March 9, 2020
Commissioners,
Good afternoon . L. G . Everist has submitted a request to extend their hours of operation . You can see
their specific request below highlighted in yellow . Their request must be approved by the Board of
County Commissioners as stated in their USR ( Development Standard No . 23 ) . If you are okay with the
extension please let me know and I will follow up with L. G .
Thank you ,
Tom Parko
Director, Dept . of Planning Services
Weld County
< image002 .jpg>
j pg>
From : Lynn Mayer Shults < Imshults@LGEVERIST. com >
Sent: Wednesday, February 26, 2020 10 : 51 AM
To : Tom Parko Jr. <tparko@weldgov . com >
Cc : mark . pechin@aggregate- us . com ; Jason Ohlheiser < eaohlheiser@LGEVERIST. com >; Richard Schneider
< rcschneider@ LG EVERIST. com >
Subject : FW : Night pour request - Firestone Gravel Resource - Aggregate Ind . - March 9, 2020
This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good morning , Tom !
There is another night pour coming up for Aggregate Industries — operating at the Firestone
Gravel Resource site . This time we have a longer " heads- up" time than usual .
L . G . Everist, Inc. - Firestone Gravel Resource ( USR-1102 ) - Request for Extended Hours —
March 9 , 2020
L . G . Everist , Inc. would like to request extended hours for our lessee , Aggregate Industries , at
our Firestone Gravel Resource site . Aggregate Industries is contracted to do an over- night pour
for an 1 -25 project on Monday , 03/09/2020 ( or back- up date is 03/ 10/2020 ) . A detailed letter is
attached for your review and for the Commissioners ' review .
As I 've done before , here is text from our USR resolution for your ease of reference : in the
Firestone Gravel Resource USR resolution , the operator may request extended hours as
follows : 23. Section 23-4-290. 8 of the Weld County Code limits the hours of operation for sand and
2
gravel operations to the hours of daylight, except in the case of public or private emergency, or to make
necessary repairs to equipment. Hours of operation may be extended with specific permission from the
Weld County Board of County Commissioners. This restriction shall not apply to the operation of
administrative and executive offices or repair and maintenance facilities located on the property.
If you need anything else to process this request, please let me know. I look forward to hearing
from you soon.
Thank you,
LYNN
<image003.jpg> LYNN MAYER SHULTS, REGULATORY MANAGER
L.G. Everist, Inc. — 7321 East 88th Ave, Suite 200, Henderson, CO 80640
office-303-286-2247 — Imshults@lgeverist.com " www.lgeverist.com
SAFE...RELIABLE...PRODUCTIVE
From: Mark Pechin <mark.pechin@aggregate-us.com>
Sent:Wednesday, February 26,2020 10:32 AM
To: Lynn Mayer Shults<Imshults@LGEVERIST.com>;Jason Ohlheiser<jaohlheiser@LGEVERIST.com>
Subject: Night pour
Hi Lynn
We need to have you submit for up coming night pour.
Mark Pechin
Plant Manager
3
MEMODim swam
February 26,2020
Weld County
Subject: North I-25 Express Lanes—I-25 SB Over Big Thompson River Bridge Deck Pour
To Whom It May Concern:
This letter is to inform you that Kraemer/INC,A Joint Venture will be pouring the I-25 Southbound
(Phase 1)Over the Big Thompson River Bridge Deck for CDOT's North I-25 Express Lanes Design
Build Project(NO.IM 0253-255)on Monday night,March 9th.Aggregate Industries will be supplying the
concrete for this pour out of their Plant located at 12248 County Road 15 Longmont, CO 80504.This
concrete pour will be approximately 260 CY and last for approximately 5 hours.The pour will start on
March 90i at 10:00 PM and last until 3:00AM on March 10th. The JV also has a backup pour scheduled
out of the same Aggregate Industries plant on Tuesday,March 100i in case of weather or unforeseen
circumstances.The backup pour will be the same QTY and time as the originally scheduled pour on
March 9th
Regards,
Kraemer/IHC Joint Venture
Nathan Corbin
Project Director
CC:File
900 W.Castleton Road,Suite 220,Castle Rock,Colorado 80109 1303.688.7500 office 1303.688.8811 fax I www.kraemerna.com
Cope
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #1102 FOR A MINERAL RESOURCE DEVELOPMENT
INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING (SAND, GRAVEL
AND STONE), INCLUDING CONCRETE AND ASPHALT RECYCLING AND A
CONCRETE AND ASPHALT BATCH PLANT FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT- L.G. EVERIST, INC.
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 May, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of L.G. Everist, Inc., P.O. Box 5829, Sioux Falls, South Dakota 87117,
for a Site Specific Development Plan and Amended Use by Special Review Permit#1102 for a
Mineral Resource Development including Open Pit Mining and Materials Processing (sand,
gravel and stone), including concrete and asphalt recycling and a concrete and asphalt batch
plant facility in the A(Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Part of Section 32, Township 3 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Lynn Shults, 7321 East
88th Avenue, Henderson, Colorado 80640, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and
orderly development of mineral resources." According to the Weld
County Sand, Gravel Resources Map, dated July 1, 1975, the Northern
part of the property is classified as F-1 (Floodplain and Valley-Fill
Deposits — relatively clean and sound). The application materials
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AMENDED SPECIAL REVIEW PERMIT#1102- L.G. EVERIST, INC.
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indicated that approximately one (1) foot of topsoil exists, which will be
removed and stockpiled; five (5) to six (6) feet of overburden and other
material will be removed; and twenty-eight (28) to thirty-two (32) feet of
sand and gravel will be extracted.
The proposed use will be compatible with surrounding properties, which
include agricultural lands, river bottom lands, floodplain designated
lands, and adjacent mineral resource development facilities. Further,
Section 34-1-305, C.R.S., addresses the preservation of commercial
mineral deposits for extraction.
(1) "After July 1, 1973, no Board of County Commissioners, governing
body of any city and county, city, or town, or other governmental
authority which has control over zoning shall, by zoning, rezoning,
granting a variance, or other official action or inaction, permit the
use of any area known to contain a commercial mineral deposit in
a manner which would interfere with the present or future
extraction of such deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its
jurisdiction, no Board of County Commissioners, governing body
of any city and county, city, or town, or other governmental
authority which has control over zoning shall, by zoning, rezoning,
granting a variance, or other official action or inaction, permit the
use of any area containing a commercial mineral deposit in a
manner which would interfere with the present or future extraction
of such deposit by an extractor."
(3) "Nothing in this section shall be construed to prohibit a Board of
County Commissioners, a governing body of any city and county,
city, or town, or any other governmental authority which has
control over zoning, from zoning or rezoning land to permit a
certain use, if said use does not permit erection of permanent
structures upon, or otherwise permanently preclude the extraction
of commercial mineral deposits by an extractor from, land subject
to said use."
(4) "Nothing in this section shall be construed to prohibit a Board of
County Commissioners, a governing body of any city and county,
city, or town, or other governmental authority which has control
over zoning, from zoning for agricultural use, only, land not
otherwise zoned on July 1, 1973."
(5) "Nothing in this section shall be construed to prohibit a use of
zoned land permissible under the zoning governing such land on
July 1, 1973."
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AMENDED SPECIAL REVIEW PERMIT#1102-L.G. EVERIST, INC.
PAGE 3
(6) "Nothing in this section shall be construed to prohibit a Board of
County Commissioners, a governing body of any city and county,
city, or town, or any other governmental authority from acquiring
property known to contain a commercial mineral deposit and using
said property for a public purpose; except that such use shall not
permit erection of permanent structures which would preclude
permanently the extraction of commercial mineral deposits."
Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface
mining activities on surrounding land uses, roads and highways." The
application proposes to place the processing area in the same area as
proposed for the Owens Brothers Mine, north of and adjacent to County
Road 15. There is an existing strand of cottonwood trees present to the
south of this location. The existing access to the site is located off of
County Road 15 which is paved to the facility's entrance. The internal
access road is a combination of pavement and hard paved Class 6 road
base. The Department of Public Works is requiring a revised Road
Maintenance Agreement for this facility.
Section 22-5-80.C.8 (CM.Policy 3.8) states, "Require all mining
operations conform to federal, state and local environmental standards."
Section 22-5-80.C.6 (CM.Policy 3.6) requires, where possible, that batch
plants and processing equipment be buffered from adjacent uses. The
processing area will be located east of, and adjacent to, County Road 15,
approximately 1,600 feet north of County Road 26. A substantial earthen
berm is adjacent to the west, a part of the Nelson Mine (USR-1529) and
the nearest residence is approximately 1,200 feet to the south-southwest
in the northwest quarter of the intersection of County Roads 26 and 15.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A(Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for a Mineral Resource Development, including Open Pit
Mining and Materials Processing (sand, gravel and stone), including
Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant
Facility in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The western portion
of the permitted area was approved for mining in 1996, and consists of
mined and disturbed lands, non jurisdictional wetlands, and little
vegetation, aside from native grasses. Other areas to the east and south
have supported irrigated crop production, pasture and hay production.
There is a small area in the southeast corner that is in dryland pasture. In
an area located in the northwest quarter of the intersection of County
Roads 17 and 26, there is a historic cemetery.
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AMENDED SPECIAL REVIEW PERMIT#1102 - L.G. EVERIST, INC.
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The proposed use would be compatible with surrounding properties which
include agricultural lands, limited rural residential, and multiple mineral
resource development facilities. Lands to the north lie in the Saint Vrain
Creek floodplain and have two (2) residential structures and one (1)
outbuilding. Visual inspection determined one (1) residence is vacant and
for sale. Also, to the north is land owned by the Town of Firestone, yet
not annexed. This land is associated with the Firestone Trail Alignment,
and lands to the northeast of County Road 28 are the Ready Mixed
Concrete Facility, permitted under USR-1343. Lands to the east are in
the Town of Firestone as part of the Heintzelman Pit
No. 1, 2, and 3 Annexation, with a recording date of May 28, 2010. Lands
to the south are predominately in the County and remain as agricultural
operations. There is an overhead electric transmission line, on steel
poles, adjacent to the north side of County Road 26. To the west is the
Nelson Mining Resource Pit operated by Asphalt Specialties under
USR-1529. Within the permit boundaries are numerous oil and gas
production facilities and the historic rail corridor which has since been
abandoned, and is part of the private property associated with this site.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The surrounding property is primarily agricultural in
nature, with multiple mineral resource developments in the near vicinity
and few homes in the area. The site contains agricultural lands with the
proposed use compatible with surrounding properties which include
gravel operations in the general vicinity. The Conditions of Approval will
help ensure the health, safety and welfare of the surrounding property
owners.
e. Section 23-2-230.B.5 --The application complies with Section 23-5-230 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area as delineated on FIRM Community Panel
Map#080266-0855C, dated September 28, 1982, for the Floodplain.
Flood Hazard Development Permits will be required for all structures in
the floodplain. Effective January 1, 2003, building permits issued on the
subject site will be required to adhere to the fee structure of the County-
Wide Road Impact Fee Program. Effective August 1, 2005, building
permits issued on the subject site will be required to adhere to the fee
structure of the Capital Expansion Impact Fee and the Storm
Water/Drainage Impact Fee Programs.
f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The property to be mined contains no "Prime" agricultural
lands, thus, no prime farmland will be taken out of production with this
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PAGE 5
proposal, although a portion of the site is currently farmed. The subject
site is primarily classified as "Prime if they become Irrigated" land as
delineated on the United States Department of Agriculture (U.S.D.A.)
Soils Map of Important Farmlands of Weld County, dated 1979.
g. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), 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 23-4-250 -- Additional requirements for open-mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 if the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of L.G. Everist, LLC., Attn: Lynn Shults, for a Site
Specific Development Plan and Amended Use by Special Review Permit #1102 for a Mineral
Resource Development including Open Pit Mining and Materials Processing (sand, gravel and
stone), including concrete and asphalt recycling and a concrete and asphalt batch plant facility
in the A(Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated February 28, 2011.
Evidence of approval shall be submitted, in writing, to the Department of
Planning Services.
B. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated
February 24, 2011. Evidence of approval shall be submitted, in writing, to
the Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Town of
Firestone, as stated in the referral response dated February 8, 2011.
Evidence of approval shall be submitted, in writing, to the Department of
Planning Services.
D. The applicant shall address the requirements of the Federal Emergency
Management Agency (FEMA), as stated in the referral response dated
February 11, 2011. Evidence of approval shall be submitted, in writing, to
the Department of Planning Services.
E. The applicant shall submit an Amended Flood Hazard Development
Permit to the Department of Public Works for review and evaluation.
Evidence from the Department of Public Works that the application has
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AMENDED SPECIAL REVIEW PERMIT#1102-L.G. EVERIST, INC.
PAGE 6
been conditionally approved shall be provided to the Department of
Planning Services.
F. A revised Road Maintenance Agreement is required for this project.
Written evidence of approval from the Department of Public Works shall
be submitted to the Department of Planning Services.
G. The applicant shall address how off-site drainage will be diverted around
the site. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
2. The plat shall be amended to delineate the following:
A. Setbacks to the mining operation are measured from the right-of-way or
future right-of-way lines, plus the standard setback of twenty (20) feet in
the A (Agricultural) Zone District. No structure will be allowed in the
future right-of-way. A slurry wall or retaining wall is considered a
structure.
B. County Roads 15, 26.75, and 17 are designated on the Weld County
Road Classification Plan as local gravel roads, which require sixty (60)
feet of right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way, and this
information shall be noted on the plat. All setbacks shall be measured
from the edge of future right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. These roads are maintained by Weld County.
C. County Road 26 (Zinnia Avenue) and a portion of County Road 17
(Holiday Street) are under the jurisdiction of the Town of Firestone. The
Town of Firestone, in the referral dated February 8, 2011, has requested
an additional twenty (20) feet of future right-of-way be delineated for
County Road 26 (Zinnia Avenue).
D. The boundaries of the FEMA approved floodplain shall be visible on all
drawings.
E. A portion of the site is located within the FEMA mapped Zone A 100-Year
Floodplain and/or possibly the floodway. The Weld County Code
prohibits the construction of buildings within the floodway. The applicant
has stated that no new structures will be built. Any stockpiling of
materials in the floodplain will require a Flood Hazard Development
Permit.
F. The project will utilize the existing access to County Road 15 which has
been paved from the entrance to County Road 26.
G. AU existing Town of Firestone and Weld County Roads shall be
delineated on the plat, including the existing and future rights-of-way.
2011-1176
PL1022
AMENDED SPECIAL REVIEW PERMIT#1102- L.G. EVERIST, INC.
PAGE 7
H. The plat shall designate an approximately two (2) acre tract located in the
north side of Amended USR #1102 which, if exchanged with the Town of
Firestone, would be included within the area to be mined, pursuant to the
terms, conditions and the Development Standards for Amended
USR#1102.
3. Prior to construction:
A. A building permit is required for buildings and structures which require
permits before the beginning of construction. A plot plan shall be
submitted when applying for building permits showing all structures with
accurate distances between structures, and from structures to all property
lines.
B. The applicant shall provide evidence of an approved Amended Flood
Hazard Permit from the Department of Public Works to the Department of
Planning Services.
C. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District, as stipulated in the referral dated
February 10, 2011.
4. Prior to the release of the Division of Reclamation Mining and Safety (DRMS)
Bond:
A. The applicant shall address the issue of the railroad embankment. The
current effective Flood Insurance Rate Map (FIRM) appears to show that
the railroad embankment is the eastern boundary of the floodplain. It
appears that the applicant plans to remove the railroad embankment
during mining operations. It stands to reason, that removing the railroad
embankment will extend the floodplain boundaries to the east; therefore,
the applicant needs to show what the impact of removing the railroad
embankment will be on the floodplain. Pursuant to the letter from FEMA,
dated January 13, 2011, a Letter of Map Revision will need to be issued
by FEMA prior to release from DRMS.
5. The Use by Special Review activity shall not occur, nor shall any building permits
be issued on the property, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
6. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the plat prior to recording. The completed plat shall
be delivered to the Department of Planning Services and be ready for recording
in the office of the Weld County Clerk and Recorder within sixty (60) days of
approval by the Board of County Commissioners.
2011-1176
PL1022
AMENDED SPECIAL REVIEW PERMIT#1102-L.G. EVERIST, INC.
PAGE 8
7. In accordance with Weld County Code Ordinance #2005-7, approved
June 1, 2005, should the plat not be recorded within the required sixty (60) days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: '�r �� Z tu.t L , '
Kirkmey r, Chair y /
Weld County Clerk to the B'.rd �� O
!861 (/ •`\,,
\`BY:
40. _
_l an P. ay, Pro-Tem
r 4
Deputy Clerk to the Boar r,O ` ,
♦ U 6
w v1 illi F. Garcia
r, r
APP D AS T RM: a� oC
David E. Long
ounty Attorney (A�,a•-
Do 6ademac er
g
Date of signature: /'
2011-1176
PL1022
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. EVERIST, INC.
AMUSR#1102
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1102 is
for a Mineral Resource Development, including Open Pit Mining and Materials
Processing (sand, gravel and stone), including Concrete and Asphalt Recycling, and a
Concrete and Asphalt Batch Plant facility in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
8. Any vehicle washing areas shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of
the Water Quality Control Commission, and the Environmental Protection Agency.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility at all times. Maintained portable toilets are adequate.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations.
2011-1176
PL1022
DEVELOPMENT STANDARDS-L.G. EVERIST, INC. (AMUSR#1102)
PAGE 2
13. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, at all times (Central Weld County Water District).
14. The facility shall be operated in a manner to prevent odors. Odors detected off of the
site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented, at the request of the Department of Public Health and
Environment, in the event odor levels detected off site of the facility meet, or exceed, the
level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health
Officer, there exists an odor condition requiring abatement.
15. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
16. All potentially hazardous chemicals must be stored and handled in a safe manner, in
accordance with product labeling, and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds. All chemicals must be stored
secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
17. The operation shall comply with all applicable rules and regulations of the Colorado
DRMS.
18. The operation shall comply with the Mine Safety and Health Act (MSHA).
19. The operation shall comply with the Occupational Safety and Health Act (OSHA).
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
22. Lighting provided for security and emergency night operation on the site shall be
designed so that the lighting will not adversely affect surrounding property owners.
23. Section 23-4-290.6 of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight, except in the case of public or private
emergency, or to make necessary repairs to equipment. Hours of operation may be
extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to the operation of administrative and
executive offices or repair and maintenance facilities located on the property.
24. 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.
2011-1176
PL1022
DEVELOPMENT STANDARDS - L.G. EVERIST, INC. (AMUSR#1102)
PAGE 3
25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180 of the Weld County Code.
27. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcels #120932000027,
#120932000032, #120932000031, and #120932000035 may not be able to obtain
building permits to construct structures. All construction or improvements occurring in
the floodplain, as delineated on the FEMA FIRM Community Panel Map #808266-
0855C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code, and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65.
28. Flood hazard development permits will be required for development activities located
within the FEMA mapped Saint Vrain River Floodplain.
29. The installation of any septic system within the 100-year floodplain shall comply with the
Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed within the floodway.
30. Future development occurring within the floodplain shall be in compliance with the
floodplain codes in effect at that time.
31. The applicant shall comply with County and FEMA floodplain regulations and obtain a
Letter of Map Revision (LOMR) from FEMA prior to the release from DRMS.
32. Weld County is not responsible for the maintenance of on-site drainage related features.
33. A building permit is required for buildings and structures which require permits before the
beginning of construction.
34. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code,
2008 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29 of
the Weld County Code.
35. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
36. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
2011-1176
PL1022
DEVELOPMENT STANDARDS -L.G. EVERIST, INC. (AMUSR#1102)
PAGE 4
37. Should human remains be discovered during mining activities, the requirements under
State Law C.R.S., part 13, apply and must be followed.
38. The number of employees associated with the daily operations is limited to
twenty-five (25) persons per shift.
39. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
41. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250 of the Weld County Code.
42. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
43. The Use by Special Review area shall be limited to the plans, shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
44. If the Use by Special Review has not commenced within three (3) years from the date of
approval, or is discontinued for a period of three (3) consecutive years, it shall be
presumed inactive or abandoned. The County shall initiate an administrative hearing to
consider whether to grant an extension of time to commence the use or revoke the use.
If the use is revoked, it shall be necessary to follow the procedures and requirements of
Chapter 23, Division 4, of the Weld County Code, in order to reestablish any subsequent
Use by Right or Use by Special Review.
45. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
2011-1176
PL1022
nDPV
RESOLUTION
RE: APPROVE REQUEST CONCERNING DELETION OF CONDITIONS OF APPROVAL#2.D,
#2.E,#3.B,AND#4.A,AND DEVELOPMENT STANDARDS#27,#28,#29,#30,AND#31
FOR AMENDED USE BY SPECIAL REVIEW PERMIT#1102 - L.G. EVERIST, INC.
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,on May 18, 2011,the Board of County Commissioners approved the application
of L.G. Everist, Inc., P.O. Box 5829, Sioux Falls, South Dakota 87117, for a Site Specific
Development Plan and Amended Use by Special Review Permit#1102 for a Mineral Resource
Development including Open Pit Mining and Materials Processing (sand, gravel and stone),
including concrete and asphalt recycling and a concrete and asphalt batch plant facility in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of Section 32, Township 3 North, Range 67 West
of the 6th P.M., Weld County, Colorado
WHEREAS,the request to the Board of County Commissioners for deletion of Conditions of
Approval#2.D, #2.E,#3.B, and#4.A and Development Standards#27,#28,#29,#30, and#31 for
AmUSR#1102,was submitted by Lynn Mayer Shults, Regulatory Manager of L.G. Everist, Inc.,due
to the acceptance and approval of the Letter of Map Revision (LOMR) by the Federal Emergency
Management Agency(FEMA)which removes the entire L.G.Everist Firestone Resource Pit from the
St. Vrain River floodplain and eliminates the needs for said Conditions of Approval and
Development Standards, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendations of the Weld County
Department of Planning Services and, having been fully informed, finds that this request shall be
approved and the following shall be deleted:
Condition of Approval #2.D - The boundaries of the FEMA approved floodplain shall be
visible on all drawings.
Condition of Approval#2.E-A portion of the site is located within the FEMA mapped Zone A
100-Year Floodplain and/or possibly the fioodway. The Weld County Code prohibits the
construction of buildings within the floodway. The applicant has stated that no new
structures will be built. Any stockpiling of materials in the floodplain will require a Flood
Hazard Development Permit.
Condition of Approval#3.B-The applicant shall provide evidence of an approved Amended
Flood Hazard Permit from the Department of Public Works to the Department of Planning
Services.
0)C. 2013-2763
PL1022
REQUEST TO DELETE CERTAIN CONDITIONS OF APPROVAL AND DEVELOPMENT
STANDARDS FOR AMUSR#1102 - L.G. EVERIST, INC.
PAGE 2
Condition of Approval #4.A - The applicant shall address the issue of the railroad
embankment. The current effective Flood Insurance Rate Map(FIRM)appears to show that
the railroad embankment is the eastern boundary of the floodplain. It appears that the
applicant plans to remove the railroad embankment during mining operations. It stands to
reason,that removing the railroad embankment will extend the floodplain boundaries to the
east; therefore, the applicant needs to show what the impact of removing the railroad
embankment will be on the floodplain. Pursuant to the letter from FEMA,dated January 13,
2011, a Letter of Map Revision will need to be issued by FEMA prior to release from DRMS.
Development Standard #27 - WARNING: LOT MAY NOT BE BUILDABLE DUE TO
FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcels
#120932000027,#120932000032,#120932000031,and#120932000035 may not be able
to obtain building permits to construct structures. All construction or improvements occurring
in the floodplain,as delineated on the FEMA FIRM Community Panel Map#808266-0855C,
dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements
of Chapter 23, Article V, Division 3 of the Weld County Code, and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65.
Development Standard #28 - Flood hazard development permits will be required for
development activities located within the FEMA mapped Saint Vrain River Floodplain.
Development Standard #29 - The installation of any septic system within the 100-year
floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with
the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the
floodway.
Development Standard#30-Future development occurring within the floodplain shall be in
compliance with the floodplain codes in effect at that time.
Development Standard#31 -The applicant shall comply with County and FEMA floodplain
regulations and obtain a Letter of Map Revision(LOMR)from FEMA prior to the release from
DRMS.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of L.G. Everist, Inc., to delete the Conditions of Approval and
Development Standards listed above,for Amended Use by Special Review#1102, be, and hereby
is, approved.
2013-2763
PL1022
REQUEST TO DELETE CERTAIN CONDITIONS OF APPROVAL AND DEVELOPMENT
STANDARDS FOR AMUSR#1102 - L.G. EVERIST, INC.
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 30th day of September, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
William F. Garcia, Chair
Weld County Clerk to the Board celf
• ���* am elf1
ugla4Rademacher, Pro-Tem
Deputy Cle k o the Board
. Conway
ED RM: r 'Fay►►`c
Freeman
County Attorney
Barbara Kirkmeyer
OCT 0 9 203
Date of signature:
2013-2763
PL1022
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