HomeMy WebLinkAbout750602.tiff t•I. .
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t" RESOLUTION Y '
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WHEREAS, the Weld County Planning Commission by Resolution ri
) has recommended to the Board of County Commissioners that Section 6.1 e .
. ; USES PERMITTED, (3) Gravel pits and Sand pits, etc., of said Section of e,
the Weld County Zoning Resolution be amended; and
4.a WHEREAS, said amendment to the Weld County Zoning Resolution,
marked Exhibit A, is attached hereto and made a part of this Resolution
by reference, and ,. ,
- WHEREAS, the Board of County Commissioners approves said
• amendment in its entirety;
NOW, THEREFORE, BE IT RESOLVED, that the amendment of
Section 6.1 USES PERMITTED, (3) Gravel pits and Sand pits, etc., of said
Section of the Weld County Zoning Resolution, all as shown on the attached
Exhibit A, be and the same is hereby adopted.
BE IT FURTHER RESOLVED, that the title of the aforesaid amended
Section of the Weld County Zoning Resolution shall now read. Section 6.1 (3) t
OPEN-MINING.
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S Dated this 23rd day of July, A.D., 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
acescl A-J _c •
`7/24s'
ti •Weld.Couety Clerk and Recorder
•.andlerk to the Board
piny County
•
-- APPRQ7EDAS FORM: _
/ Conniy A il f
Attorney
raw I4 r
750602
SUPPLEMENTARY_ REGULATIONS 13
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6. 1 (3) Open-Mining (Rev. 6/23/75) 170034
'A5 Before a special use permit for the location of an open mining c.) r:4
operation, asphalt plant or hatch plant (concrete) is issued, '•.41
the Planning Commission and Board of County Commissioners shall
determine through public hearings, that the following plans, w
maps, methods and studies, which shall accompany the application
for such permit, provide adequate protection of the health.
safety and welfare of the inhabitants of the area and the County.
R
A. Application - Any operator desiring such a permit shall file ; 4
an application in such a form as prescribed by the Weld County •'
Planning Commission. The application shall contain the follow-
ing information. .w
1 . A certified boundary survey of the property for which s't
application is made, including a complete and accurate . ,?3
legal description of the parcel in question. Such
legal description must be approved by the County
Attorney prior to scheduling of the application for
hearing. 1
2. The fee owner or owners of the surface of the area
to be mined.
3. The fee owner or owners of the substance to he mined. _
a. The source of the applicants' legal right to enter and
to open mine on the land affected by the permit.
5. The address of the general office and the local address
• or addresses of the applicant.
6. Whether the applicant or any affiliated person holds or
has held any other permits for open cut mining and an
identification of such permits. ..;
7. A detailed description of the method of operation.
Such description shall include:
a . The types and numbers of operating and processing
equipment to be employed.
b. The number of shifts to be worked and the maximum
number of employees.
c. Whether the operation will involve a wet or dry pit.
• d. County roads and bridges to be utilized.
e. The size of the area and stages to be worked at
any one time. • .
e. A time table giving the periods of time which will be
required for the various stages of the operation.
g. The depth and thickness of the mineral deposit to 'A
be mined and the thickness of overburden to be removed.
h. The proposed use of reclaimed lands and an explana-
tion of the reclamation process.
I . The source of technical advice in that type of recla-
elation for open cut mining land. •
J. Any other information determined to be necessary by
the Board of County Commissioners or their authorizes
representative to insure the protection of the health,
safety and welfare of the inhabitants of weld County.
1707034
SUPPLEMENTARY REGULATIONS 14 r)
785 R. Fee Schedule - All applications for open-mining onerations t
ti shall be accompanied by a fee in an amount determined by
he following schedule. w
Operation Size Fee
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5 acres or less $25.00 per acre or por-
•
tion thereof.
,+ Greater than 5 acres $125.00 plus $5.00 per ;
acre or portion there-
of in excess of 5 acres.
C. Drawing Requirements - All applications shall be accompan-
ied by the following maps which shall be delineated in
drawing ink on mylar or other drafting media approved by
the Planner in the following size: twenty-four (24)
inches by thirty-six (36) inches. The maps shall be pre- • 4
pared and certification made as to their accuracy by
a registered professional engineer licensed to do such
' work by the Stave of Colorado. ,
1 . Vicinity Map - The vicinity map shall be prepared at
a 1" • 600' scale and show the following information
within a one-half (y) mile distance of the proposed
operation.
} '' a. Perimeter outline of the parcel (s) of land to be
involved in the operation. i-1
b. Adjacent mining operatigns.
c. Fee owners of adjacent surface lands.
d. All residences within one-half (y) mile of the
proposed operation.
e. The name and location of all roads, bridges, irri •
-
gation ditches, oil and gas wells and lines, utility
lines and streams or other bodies of water within
the scope of the map.
f. The q 1 type, thickness and distribution of
soil over the parcel under consideration. Soil
types shall be noted in the legend and include
a their suitability for agricultural use, as well as
use(s) proposed in the reclamation plan.
g. Section, Township and Range.
h. Accesses to area.
I . Title, scale, and north arrow.
j . Date - to include revision dates if applicable.
• 2. Extraction Plan Map - The Extraction Plan Map shall be
Prepared at a 1" • 100' scale and shall include the •
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785
".. 1"/07034
SUPPLEMENTARY R E , U t A T i 0 N S 35 ► .'
l parcel in question, as well as features within 500 ';
feet of the parcel boundaries. The scale of the
.. map may be reduced to 1" • 200' or 1" • 300' upon .-J
approval by the Planner. The Extraction Plan Map
shall display the following information. . I
`
a. A certified boundary survey of the property for
m which application is made. Bearings and distances a, ;
• ., of all perimeter boundary lines shall be indicated ^ ,
outside the boundary line.
b. The troography of the area at five (5) foot con salt
-
tour intervals or at intervals as determined by tt ':
• the Board of Count• y Commissioners or its authorized e• %
representative. , .
, c. The name and location of all streams, including •• '
normally dry streams. ponds or other bodies of
water, existing and proposed structures and land- ,. i
scape features.
d. The size and location of proposed pit areas. '4
e. The phases of the operation. The legend will in- • ,
, elude the times required for each phase of the . .!
operation.
" f. The location of all proposed operating structures, �'_%!
44 parking areas, ingress and egress, stockpile
areas, and circulation routes. Equioment which ,+Y7
will be moved as operations proceed, such as
•
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portable crushing and screening plants, do not ' ±
need to be located on the map, but should be
noted in the legend.
g. The legend shall include a complete and accurate
•L• legal description as prescribed by the application . , ,
form. The description shall include the total )
' acreage of the surveyed parcel .
h. Certificates -1 '
(1 ) Surveying Certificate ,,'
2 Certificate of Responsibility - I
(3 Planning Commission Certificate
<) Certificate of Approval by the Board of '?(
County Commissioners
(5) Recorder's Certificate
ft
i . Title, scale, and north arrow.
1 . Date - to show revision dates if apnlicable. "
k. Extraction Standards.
. 1 . Such additional information as may be required r
• by the Board of County Commissioners to :atis- 2
factorily explain the general requirements for
the type of operation anticipated. -
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785 i 7(,7034ji
5SUPPLEMENTARY REGULATIONS 15
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3. Reclamation Plan Map - The Reclamation Plan Map shall be ;
prepared at a 1 " = 100' scale and shall show the parcel { 4
in question, as well as features within 500 feet of the i , -
parcel . The scale of the map may be reduced to 1 " = 200' }
'-r or 1 " = 300' upon approval by the Planner. The Reclama-
tion Plan Map shall display the following information:
"_ a. A certified boundary survey of the property for which
}0 application is made. Bearings and distances of all e.
perimeter boundary lines shall be indicated on each
boundary line. P2
b. The topography of the proposed area at 2' contour ,.y
intervals or at intervals as determined by the Board
-. of County Commissioners or its authorized representa-
tive. 5
c. The name and location of all streams, ponds or other v.
, bodies of water, structures, circulation routes and 4
landscape features which will remain or are proposed
on the site. t 1
• d. Accesses to area. Tic
e. Reclamation Standards '
f. The legend will note the source of technical advice ? .
in developing the reclamation plan. 'It!!
g. The legend shall include a complete and accurate ' !
L legal description as prescribed by the application :1
form. The description shall include the total , j
•
i {' acreage of the surveyed parcel. ;e
h. Certificates ,
F (1 ) Surveying Certificates
(2) Certificate of Responsibility
(3 ) Planning Commission Certificate i
*1 (4) Certificate of Approval by the Board of
County Commissioners
(5) Recorder 's Certificate r
i . Title. scale and north arrow. r.)
i . Date - To show revision date if applicable. tia
k . Such additional information as may be reouired by the
' ` Board of County Commissioners to exrlain satisfactorily
all general requirements for the type of reclamation .4
chosen. .-
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4. 1767034 4 -:
- 785x �:. t
,` a S U P P L E M E N T A R Y R E G U L A T 1 O N S 37 .lc tvri
tr,- D. Supporting Documents - The following documents or any
,,: . other similar documents shall be submitted by appli-
cant if deemed necessary by the Board of County Commis- 1
. ' sioners or their duly authorized representative for the S ,
protection of the health, safety and welfare of the in- rM `
-41
habitants of Weld County.
IRI. 1 . Water augmentation plan. I .•--- !!!
2. Cross sections of drainage structures (culverts for r '
access to County roads, interior haul roads crossing a Y:?'
d
water forms, check dams constructed for water control t
of ponding or stream channeling). ,�•,
3. Profile and typical cross section of haul roads. •_l.
4. Safety improvements plan. t.
5. Environmental impact statements. o ,
E. Operations Standards.
I
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1 . No excavation or processing of sand and gravel shall '•�
i.
be permitted nearer than 10 feet to the boundary of
adjacent property, easement or irrigation ditch or .--�
right-of-way, nor nearer than 125 feet to any exist- €"r
,y ing residence, unless by written agreement to the
owner or owners of such adjacent property consent to .00
a lesser distance and the Planning Commission ap-
proves such lesser distance. The Plann :..g Commission '` '
g.
a may set a greater distance than mentioned above when,
in their opinion, it is justified. 1
2. 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 mg
'-
repairs to equipment. This restriction shall not i
t r apply to operation of administrative and executive
offices or repair facilities located on the property. f„d
, • 3. Weeds and any other unsightly or noxious vegetation
shall be cut or trimmed as may be necessary to pre-
serve a reasonably neat appearance and to prevent ' '
seeding on adjoining property. •
4. Existing trees and ground cover along public road .'
frontage and drainageways shall be preserved, main- F ' ,
tamed and supplemented if necessary, for the depth
a of the setback in order to protect against and/or � •
reduce noise, dust and erosion. .
5. le-so-far as practicable, all means of access to the
property from any street shall be located and design-
, ed as to avoid the routing of vehicles to and from ;
the property over streets that primarily serve resi-
dential development. s
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785 1767034
SUPPLEMENTARY REGULATIONS 38 g-7 y o f.
G. All access roads from sand and gravel operations to r
public highways, roads, or streets, or to adjoining •:r
residential structures, shall be paved or otherwise
treated to minimize dust conditions on all .
. parts of
such access roads which are located within one-
fourth mile of the public highway, road, street, or
adjoining residential structure. ;y
7. Prior to starting excavation in certain specific in- k
stances, as first determined by individual investi-
gation by the Board of County Commissioners or their ri
duly authorized representatives, where excavations
are considered hazardous or otherwise harmful to
nearby residents or to their property, the Board of ,,
County Commissioners may require the excavations to
be fenced or that some other action be taken on the ',gg
part of an operator in order to minimize the hazard- ..41ous situation. Chain link fencing to keep out young -,`,
children, three strand barb wire to keep out live- 999 stock, acceleration/deceleration lanes to facilitate • ,
the safe/smooth flow of traffic, and water augmen-
tation to compensate for water losses caused by + ' ,:a
evaporation are examples of actions which may be re- `'I
quired by the County Commissioners. ;,
8. Where topsoil is removed, sufficient arable soil .'4
shall be set aside, for respreading over the excavated f
area.
9. Rock crushers and concrete :nd asphalt mixing plants •
may be allowed. However, the Planning Commission or -4
Board of County Commissioners may set out additional
conditions under which these operations may be per- .,, •
mitted; and said conditions may vary by location due '� ,
to abutting land uses. j -
10. Insurance - The operator shall furnish evidence he is `••
insured to the extent of not less than $100,000.00 -
against liability for any negligent act or omission ,t. '
by the operator from the operation or maintenance of .'y
the sand and gravel pit and the extraction and pro- aj '
duction of sand and gravel and all activities con- : t •
nected with or incidental thereto. tO
F. Reclamation Standards 1.:j
1 . Upon the completion of operations, the land shall be . i
left in a safe condition. Sufficient drainage shall
be provided so as to prevent water pockets or undue l
erosion. Grading shall be accomplished in such a
manner that storm water leaves the property at the . ii
•
original , natural drainage points. Run-off at any
one such point shall not normally be increased over
historic flows. Increases over historic flows shall
be allowed only when it is shown that the increased
flows will not adversely impact uses or lands affect- _
ed by such flows. Tres, shrubs, legumes, grasses, •
or other ground cover shall be replaced in order to
• a •
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SUPPLEMENTARY REGULATIONS 19
o x` 7855 avoid erosion in•so-far as is practicable. 1 !07034 :
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� 2. All excavated areas shall finally be graded in $
k substantial conformity to the use of the land pro- 4
posed in the reclamation plan. Ridges, banks and
(4, mounds shall be graded so as to minimize erosion. }'•'..
In no event shall a slope of more than 2: 1 be left g 'i
when operations are complete. In addition, ridges ..:12
r and peaks shall be struck off to a width of not less
than fifteen feet at the top.
3. Earth dams shall be constructed in final cuts of ail ,' i •
i operations, where practical , if necessary to impound el'i
rt- water, if the formation of such impoundments will i
not interfere with mining operations or damage ad- k'Q
joining property. v, :
4. Acid forming material in the exposed face of a min-
` eral seam that has not been mined shall be covered ' �
with earth or spoil material to a depth which will ci
protect the drainage systems from pollution, unless . <
covered with water to a depth of not less than four ,
, feet.
5. All refuse shall be disposed of in a manner that will +°'r;
control stream pollution, unsightliness, or deletrious ' •
effects from such refuse, and water from the mining
operation shall be diverted in a manner designed to
'r$ control si , tation, erosion, or other damage to streams
and natural water courses.
6. Excavations made to a water-producing depth and which
will not be refilled must leave a minimum water depth t
i ' of at least five feet measured from low water mark. , •
i ' 7. All graded or backfilled areas shall be covered with
topsoil to a minimum depth of six inches, except that : t
no greater depth of topsoil shall be required than
that originally existing on the property prior to - I
commencement of operations. The property shall be : wi
`y graded so that stagnant water will not be permitted t
to collect thereon.
G. Cancellation of permit - The Board of County Commissioners
� shall have the power to cancel permits for violation of
any of these regulations or conditions imposed by said
Board. The Board of County Commissioners shall cause to .
be served written notice upon the permittee at the add-
ress contained in the permit setting out a clear and con-
cise statement of the violations, and directing the per- At a
mitts . to correct such violation within thirty days. If
the violations have not been corrected, then the Board of
', , County Commissioners shall direct the permittee to appear
at a time certain before the Board of County Commissioners,
," not less than ten days nor more than thirty days after the .
date of service notice. The Board of County Commissioners
shall hold a hearing to determine the nature and extent of , , .
the alleged violation and shall have the power, upon good
cause being shown, to cancel or revoke the permit hereto-
fore issued to the permittee, to require the County or its
agents to enter upon the premises and to take the correct-
. ive measures required by the Board of County Commissioners;
. the cost to be assessed against the permittee and his
sureties.
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