HomeMy WebLinkAbout20143053.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0041, FOR A MINERAL RESOURCE DEVELOPMENT, INCLUDING
OPEN PIT MINING (SAND, GRAVEL AND STONE), AND MATERIALS PROCESSING
INCLUDING STOCKPILING, CRUSHING AND SCREENING, RECYCLING
OPERATIONS, AND IMPORTING OF RAW AND RECYCLED MATERIALS IN THE
A (AGRICULTURAL) ZONE DISTRICT - SCOTT KOSKIE, CIO WELD COUNTY
PUBLIC WORKS
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 8th day of
October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Scott Koskie,14570 NCR 7, Wellington, CO 80533, do Weld County
Department of Public Works, P.O. Box 758, Greeley, CO 80632, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0041, for a Mineral Resource
Development, including open pit mining (sand, gravel and stone) and materials processing,
including stockpiling, crushing, screening, recycling operations and importing of raw and
recycled materials in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
E112 of Section 12, Township 10 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Clay Kimmi, Department
of Public Works, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage
the continuation of agricultural land uses and agricultural
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operations for purposes which enhance the economic health and
sustainability of agriculture." Following temporary mining
disturbances from the proposed Koskie Pit, the reclaimed land use
will be returned to cropland for the continuation of agricultural
operations.
2) 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 property is classified as T-1 (Stream Terrace
Deposits are relatively clean and sound). The application
materials indicate that the gravel deposits are stream channel
deposits from Lone Tree Creek. The estimated thickness of gravel
bearing zone varies from 0-15 feet thick. It is estimated that the
site has about 10 years or less of gravel and sand reserves.
Approximately 30 acres, 15 acres for stock piling and 15 acres for
mining, will be disturbed during the mining operation. During full
mining and processing operations, two (2) mobile trailers,
generator and mechanical, will be on-site. Equipment
maintenance and limited amounts of fuel and lubricants may be
stored.
3) Section 22-5-80.D.1 — (CM.Policy 4.1) states, in part: "Require all
mining operations conform to federal, state and local
environmental standards." The applicant received conditional
approval of Permit No. M-2014-024 from the State of Colorado
Division of Reclamation and Mining Safety (DRMS) for the County
Construction Material Operation and the rural nature of the area
and the existing mining operations, to make the proposed mining
operation and reclamation plan compatible with surrounding land
uses.
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 allows for a Site
Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development, including open pit mining (sand, gravel
and stone) and materials processing including stockpiling, crushing,
screening, recycling operations and importing of raw and recycled
materials in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses, The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
The closest residence is about one-quarter mile west of the west property
line and about three-quarters of a mile southwest of the mining activity.
There are three (3) USRs located within one mile of this parcel. USR-603
is for gravel mining and USR13-0065 is for a transloading terminal and
both are located north of the site. USR-1183 is for a gas line and is
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located one mile to the east of the site. The Weld County Department of
Planning Services has not received any correspondence from
surrounding property owners concerning this USR. The applicant
received conditional approval of Permit No. M-2014-024 from the State of
Colorado DRMS for the County Construction Material Operation and the
rural nature of the area and the existing mining operations make the
proposed mining operation and reclamation plan compatible with
surrounding land uses.
D. Section 23-2-230.B.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 site is not located within the three (3) mile referral area
of any municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on 40 acres that is
primarily designated as High Potential Dry Cropland - Prime if they
become Irrigated" and partially "Other lands," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This
USR will not take any of"Prime (Irrigated)" Farmland out of production.
G. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Scott Koskie, Go Weld County Public Works, for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0041, for a
Mineral Resource Development, including open pit mining (sand, gravel and stone) and
materials processing, including stockpiling, crushing, screening, recycling operations and
importing of raw and recycled materials in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the plat:
A. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division, Colorado Department of Public Health and Environment
(CDPHE) to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment (WCDPHE).
Alternately, the applicant may provide evidence from the Air Pollution
Control Division (CDPHE) that they are not subject to these requirements.
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0041.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Setbacks to the mining operation are measured from the
right-of-way, or future right-of-way lines, plus the standard setback
of 20 feet in the A (Agricultural) Zone District. No structure will be
allowed in the future right-of-way.
5) County Road (CR) 120 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 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. This road is maintained
by Weld County.
6) The applicant shall show standard tracking control and standard
access turning radius for access onto publically maintained roads.
7) The applicant shall show the approved access(es) on the plat and
label with the approved Access Permit Number (AP14-00178).
8) Setback radii for existing oil and gas tank batteries and wellheads
shall be indicated on the map per the setback requirements of
Section 23-3-50.E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
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Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) 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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued on the property, until the Use by Special Review,
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
6. Prior to Mining:
a. The applicant shall submit written evidence that the Financial and
Performance Warranty has been submitted and accepted by the Division
of Mining Reclamation and Safety.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Wei jedto.
i iade &, C'Lr
Weld County Clerk to the Board IE /
<40 .ilf4 de-%Lc_ {
/ I, R , �• ' bara Kirkmeyer, Pro-Tern
BY. 0 b G Q 1 r . f, �•
Dep ty lerk to the B ar.
n P. Conway
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VEDA ORM: ►. � y---
Mike Freeman
Cou y Attorney
Willia . Garcia
Date of signature: 10/1(D
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SCOTT KOSKIE, C/O WELD COUNTY PUBLIC WORKS
USR14-0041
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0041, is
for a Mineral Resource Development, including open pit mining (sand, gravel and stone)
and materials processing including stockpiling, crushing, screening, recycling operations
and importing of raw and recycled materials in the A (Agricultural) Zone District, 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. The number of employees associated with the daily operations of mining and processing
operations is limited to six (6) persons per shift.
4. The hours of operation are daylight hours, Monday through Friday, as stated by the
applicant. 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 Commissioners.
This restriction shall not apply to operation of administrative and executive offices or
repair and maintenance facilities located on the property.
5. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
6. The operation shall comply with the Mine Safety and Health Act (MSHA).
7. The operation shall comply with the Occupational Safety and Health Act (OSHA).
8. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
9. 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.
10. Should human remains be discovered during mining activities, the requirements under
State Law C.R.S. part 13 apply and must be followed.
11. 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 Chapter 15, Articles I and II, of the Weld County Code.
12. 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.
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13. 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.
14. 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. The applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
15. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
16. 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.
17. 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.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
19. The applicant shall remove, handle, and stockpile overburden soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
20. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner that minimizes the release of Hazardous Air
Pollutants (HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
21. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
22. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
23. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing
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the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection.
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
operator shall be responsible for complying 28. The property owner or with all of the p
foregoing Development Standards. Noncompliance with any of the foregoing
9 9
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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