HomeMy WebLinkAbout20202275.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 a letter from
L.G. Everist, Inc., dated July 14, 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, July 27, 2020 (or back-up date of Tuesday July 28, 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, July 27, 2020 (or back-up date of Tuesday July 28, 2020).
PL(rP), AWL
Si5J2C)ZO
2020-2275
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 22nd day of July, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.,,,,A„v �,
Mike Freeman, Chair
Weld County Clerk to the Board
„ / •
Steve oreno, o-Tem
BY: A\/
eputy Clerk to the Board
S t K. James
APP' !v D AS T !R =XCUSED
F II�
�� �_,� It �• = — Barbara Kirk
County Att rney
®U WI. Kevin D. Ross
Date of signature: Q7/air/go
2020-2275
PL1022
Memorandum
TO: Board of County Commissioners
FROM: Tom Parko
Director, Dept. of Planning Services
COUNTY
CC: Bruce Barker, County Attorney
DATE: July 20, 2020
RE: AMUSR-1102 (Firestone Gravel
Resource Mine)
On July 14,2020 I received a request from Lynn Shultz with L.G. Everist,Inc.to extend their hours
of operation associated with AMUSR-1102 to accommodate a night pour on I-25. The mine is
located near CR 15 and CR 26.75.
"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, 07/27/2020 (or back-up date is 07/28/2020). The job is for a bridge deck
over I-25 just north of the Big Thompson Rive, south of Hwy 34, about 400 yards. "
The County Commissioners must authorize this request as stipulated in the USR Resolution.
Development Standard No. 23, states,
"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"
Recommendation:
Staff recommends that the Commissioners approve the extended hours to accommodate a night pour
scheduled on July 27, 2020 with a back-up date of July 28, 2020.
2020-2275
1
KRABIR k
•joint aantio
July 14, 2020
Weld County
Subject: North I-25 Express Lanes--LCR 20 Over I-25 Bridge Deck Pour
To Whom It May Concern:
This letter is to inform you that Kraemer/IHC,A Joint Venture,will be pouring the LCR 20 Over I-25
Deck for CDOT's North I-25 Express Lanes Design Build Project(NO.IM 0253-255)on Monday night,
July 27th. 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 400 CY and last
for approximately 10 hours.The pour will start on July 27th at 7:00 PM and last until 5:00AM on July
28t. The JV also has a backup pour scheduled out of the same Aggregate Industries plant on Tuesday,
July 28th in case of weather or unforeseen circumstances. The backup pour will be the same quantity and
time as the originally scheduled pour on July 27th.
Regards,
Kraemer/IHC Joint Venture
7,..,
Nathan Corbin
Project Director
CC: File
900W.Castleton Road,Suite 220,Castle Rock,Colorado 80109 1303.688.7500 office 1303.688.8811 fax I www.kraemerna.com
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she NAME SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW AMENDMENT AMUSR 1102 FGR-1-3
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E R T l F I C A T E S , C O N D 1 'l" I O N S AND DEVELOPMENT STANDARDS 1•=200•
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. E V E R I S T , I N C . - F I R E S T O N E GRAVEL RESOURCE ENV/ale
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SITE DEVELOPMENT STANDARDS
L.G. EVERIST, INC., AMUSR #1102
SOILS INFORMATION
I. A Site Specif le Development Plan and Amended Use by Spatial Review Permit#1102 Is for a Mineral 17. The operation shall comply with all applicable rules and regulations of the Colorado DAMS. 36. The property owner or operator shell be responsible for complying with the Open-mining Standards of
Resource Development,Including Open Pit Mining and Materials Proreasing(sand,grovel and stone). Section 23.4.250 of the Weld County Code. R
including Concrete and Asphalt Recycling,and a Concrete and Asphalt Batch Plant facility in the A 16. The operation shall comply with the Mina Safety and Health Act (PASHA). _ Nairn,,,,`,_,c . r in.e.
•
(Agricultural)Zone District,as indicated in the application materials on file and subject to the 37 Necessary personnel from the Wald County Departments of Planning Services,Public Works.and Public -,^" r If'
Development Standards stated heron 19 The operation shall comply with the Occupational Safety and Health Act(OSHA) Health and Environment shall begranted access onto the property t
p P Y any nsreasonableApproval time in bevy to r)•\, j nr:,w:+.j.rr•I Omit _ -Q �r;.
2 Approval of thisplanensure the activities stated carried out on the property comply with the Conditions of and bevel- ,�,t�• \ 9,
`r!` '�L2 �;�,
pp may create a vested property right pursuant to Section 23-8-10 of the Weld 20. The operation shall comply with all applicable rules and teguloflona of stair and federnl agencies and cement Standards herein and all applicable Weld County regulations P �` h••-1
PP `�.a F �-t ,o
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County Code, the Weld County Coda _
38. The Use by Special Review area shall be limited to the place,shown hereon and governed by the fore- \ 11\� 1.1 J 3. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act. 21, "No Trespassing"signs shall be posted and maintained an the perimeter fence to clearly identify the going standards and all applicable Weld County regulations.Substantial changes from the plans or g r• c Section 30.20.100.5,C.R.S.)shall be stored and removed for final disposal in a manner that boundaries of the site. Development Standards,as shown or stated,shall require the
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protects against strfoce and groundwater contamination. q approval of an amendment of the Permit by J '�'•'t
22. Lighting provided for security and amergrncy night operation on the site shall be designed co that the the Weld County Baird of County Commissioners before such changes from the plans or Development • \ Al. tw ir,ttt C/�
4. No permanent disposal of waster shall be permitted at this site. This it not meant to include those lighting will not adversely affect surrounding propartyawnars. gStandards ore permitted Any other changes shall be flied in the off ice of the Deportment of Planning •� • I W
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites '- q') Services. \ ,� ``�_ .'�
amid Facilities Act,Section 30.20-100.5,C.R.S. 23 $coil 23 4.294,D a(xhe Wald Gouh•Sy,Gaderllm tfi the hovel)of operation for satul,and,gro sal operattogs 39. If the Use by Special Review has not commenced within three(3)years from the dote of approval,or is t�
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.Va"nhe hadrd of'dayllght,exCepr 4n'the case"a(public'or prlvata erctar'gaAry,cur hi MaketieeeSStiry discontinued fora period of three(3)consecutive years.it shall be presumed Inactive or abandoned, \ • / t/
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust, repairs to.equipmettt; Hours,of cperation may be a tended.with spedfleperrplssion from the Weld County The County shall initiate on administrative hearing to consider whether to grant an extension of time. — ,f'� •/ T
fugitive particulate emissions,blowing debris,and other potential nuisance conditions -$oord of Coins.Commissioners. This restMction Shell nut O ply to the'nperetion of administrative and to continence the use or revoke the use.If the use is revoked,it shall be necessary to follow the i\ i. sv, ....__.-•
executive off ices or repair and maintenance facilities located on the property. procedures and requirements ofCounty "j
6. The applicant shall operate in accordance with the approved Waste Handling Plan. Chapter 23,Division 4,of the Weld Code.in order to reestablish `` ,\ ` - '�• • rN
24. Existing Trees andground cover,along any subsequent Use by Right or Use by Special Review ` t� y m
public rood frontage and drainage ways, shall be preserved, ri (`,'.�/ E
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank maintained,and supplemented,if necessary, for the depth of the setback in order to protect against 40. The property 3\,�\ \ ,,
Regulations(7 CCR 1101-14). and/or reduce noise,dust,and erosion. -co pl operator shall of res foregoing ore for complying with all of d the foregoing ng reason for revocation e \\ \ _
Standards, Non•complionce with any the Development Standards may be Iletarrnu tre,r,- •v - • 40
8. A vehicle washing areas shall capture all effluent andprevent discharges of the Permit by the Board of County Commissioners. a \ \ _�--_ ,`- ,'%��' �; •�i o
M cup from drum washing and 25. Where topsoil is removed,sufficient enable soil shall be set aside for re-spreading over the reclaimed arwx. /- / / N
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control - YJ
Commission,and the Environmental Protection Agency. 26. Should noxious weeds exist on the property,or become established as a result of the proposed q
development, the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant ,+�nt 1a '711:11.......„7"Aelli"1:11:".....H.:::1-11
f• ?f�/9. Fugitive dust and fugitive particulate emissions shall be cunt oiled on this site.Tha faclNty shah to Section 15.1.180 of the Weld County Coda. wL n / ebe operated In accordance with the approved Dust Abatement Plan,ai all times. 27. Weld County is not responsible for the maintenance of on-site drainage related features, - "'!0, This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zane / —District,as delineated in Section 14-9-30 of the Weld County Code. 28. A building permit is required for buldirgs and structures which require permits before the beginning �, lairs r. 1lof construction '� --..y11, Ade uate drinki nail toilet facilitie shall be � a Ai tNlin Adequate drinking,handwashing provided for employees and patrons ofi.
the facility at all times. Maintained portable toilets are adequate. 29, Buildings shall conform to the requirements of the various codas adopted at the time of permit
application. Currently,the following have been adopted by Weld County: 2006 International Building :in iF Nor\ ,�•_—_ �r � kir^�
12. Any septic system located on the property must comply with all provisions of the Weld County Code, Code. 2006 Internetioml Mechanical Code,2006 International Plumbing Code,2006 International Energy thin Name i IMO. in Meaty Tinning .t;,xw lI olm 1144-lion in i 1,0%);i•-•
pertaining Interregional to Individual Sewage Disposal Systems(I.S.D.S.)Regulations. Code, 2006 Intertional Fuel Gas Code,2008 Notional Electrical Code.2003 ANSI 117.1 Accessibility p•,•J, I+.tei,iam x•lvhisi, ( a. i,ea;n
Code,and Chapter 29 of the Weld County Code. ,stet,c.,ec :•,) 13D i+u-•. it'; .'r 13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes,at all times et•,i,,Ow., ___ ,:.ta,uu4r,
(Central Weld County Water District). 30. Effective January 1,2003,building permits issued on the proposed lots will be required to adhere to Allegory'...t III 1 I.2i ta1,ri. seal sit•• k
the fee structure of the County-Wide Road Impact Fee Program. '� •r
Aguo,an,Yrm•:1F Kano II. The facility shall be operated in a manner to prevent odors. Odors detected off of the site shall not „a,,;,,int, _ r.
equal or exceed the level of fifteen-1a-one dilution threshold,as measured pursuant to Regulation 2 of 31. Effective August 1,2005.building permits issued on the subject site will be required to adhere to rhlu.,x).rt_-.tato. Ili., I i' _u,�>l i".) i Galvin In 'A
= .C 8 the Colorado Air Pollution Control Regulations. Additional controls shall be implemented,at the the fee structure of the Capital Expansion Impact Fee and the Stormvnter/Drainage Impact Fee Programs. rt clop:, _ I ,cdunw. , r, z
request of the Department of Public Health and Envlr'ortmem,in the event odor levels detected off site .•,.•;z.>e.,t ow Ira t:% ri.,e,i — v.l..e.-r.. , 3 8 0
of the facility meet,or exceed,the level of fifteen-to-one dilution threshold,or In the judgment of 32. Should human remains be discovered during mining activities, the requirements under State Law C.R5• i'••rr*' rrclNroa„o 8
the Weld County Heath Officer,there exists an odor condition requiring abatement. part 13 apply and must be followed. mat loony n W,a Son I i 1 t TAG Fin 8
15. The applicant shall remove,handle,and stockpile overburden,soil,sand,and gravel from the facility 33. The number of employees associated with the daily operations is limited to twenty-five(25)persons per shift. ^- j r
area in a manner that will prevent nuisance conditions. a
34 The property owner or operator shall be responsible for complying with the Design Standards of Section > ii g
et
16, All potentially hazardous chemIcals must be stored and handled in a safe manner,in accordance with 23-2-240 of the Weld County Code.
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 la accordance 35. The property owner or operator shall be responsible for complying with the Operation Standards of °2 bl
with manufacturer's recominendatlons. Section 23.2.250 of the Weld County Code. CERTIFICATES ,$ f?
_ OWNERS WITHIN 500 FEET + i- S
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