HomeMy WebLinkAbout20140891.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMIT, USR13-0065, (FORMERLY KNOWN AS USR-840), FOR
THE EXPANSION OF THE NIOBRARA CRUDE TERMINAL RAIL TRANSLOAD
FACILITY FOR TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER, INCLUDING RAIL, TRUCK AND PIPELINE;
TRANSLOADING OF COMMODITIES AND MATERIALS, WITHOUT LIMITATION
FOR OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND
STORAGE RELATED TO SAME, AND LOAD-OUT OF INDUSTRIAL MATERIALS,
THE CONSTRUCTION OF AN ON-SITE RAIL SPUR TO CREATE A RAIL LOOP OF
ONSITE TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED
EQUIPMENT, AND ONGOING GRAVEL MINING (SAND, GRAVEL AND STONE) IN
THE A (AGRICULTURAL) ZONE DISTRICT - L.G. EVERIST, INC., AND PLAINS ALL
AMERICAN PIPELINE, L.P.
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 26th day
of March, 2014, 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., 7321 E. 88th Avenue, Suite 200, Henderson,
CO 80640, and Plains All American Pipeline, L.P., 333 Clay Street, Suite 1600, Houston, TX
77002, for a Site Specific Development Plan and Third Amended Use by Special Review
Permit, USR13-0065, (formerly known as USR-840), for the expansion of the Niobrara Crude
Terminal Rail Transload Facility for transloading of a commodity from one mode of
transportation to another, including rail, truck and pipeline; transloading of commodities and
materials, without limitation for oil and gas industries, including petroleum products and storage
related to same, and load-out of industrial materials, the construction of an on-site rail spur to
create a rail loop of onsite track, new offices and support buildings, and related equipment, and
ongoing gravel mining (sand, gravel and stone) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Section 1, Township 10 North, Range 67 West; All
of Section 35, Township 11 North, Range 67 West,
E1/2 E1/2 of Section 27, Township 11 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, represented by William
Edwards, Plains All American Pipeline, LP, 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:
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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.B 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.
1) Section 22-2-80.C.2 (I.Policy 3.2) states: "The land use applicant
should demonstrate that the roadway facilities associated with the
proposed industrial development are adequate in width,
classification and structural capacity to serve the development
proposal." County Road (CR) 126 is classified as a collector road
and is the designated as a haul route for this facility. The property
owner and applicant (L.G. Everist) have an existing long-term
Road Maintenance Improvement Agreement for impacts to
CR 126, reference Document Number 2011-0050.
2) Section 22-2-80.E (I.Goal 5) states: "New industrial uses or
expansion of existing industrial uses should meet existing federal,
state and local policies and legislation."
3) Section 22-2-80.E (I.Policy 5.1) states: "Industrial uses should be
evaluated using criteria, including but not limited to, the effect the
industry would have on air and water quality, natural drainage
ways, soil properties and natural patterns and suitability of the
land."
4) Section 22-2-80.E (I.Policy 5.2) states: "Development
improvements should minimize permanent visual scarring from
grading, road cuts and other site disturbances. Require
stabilization and landscaping of final land forms, and that runoff be
controlled at historic levels." The applicant will be required to
submit an approved Drainage Report and supporting construction
drawings to address stormwater and drainage issues associated
with the development of this site. Further, the applicant will be
required to obtain a Grading Permit if more than one (1) acre is
disturbed prior to construction, which will include, at a minimum,
an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to
be utilized, and a copy of the approved Colorado Department of
Public Health and Environment (CDPHE) Stormwater Permit. The
proposed amendment to the existing permit meets the existing
federal, state and local requirements. The transload facility
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expands on the existing infrastructure to capture a developing
market in this area of the County.
5) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
The incompatibilities that occur between the proposed industrial
use as a transload yard and the surrounding properties are
minimized due to various factors. The closest distance the
transload yard will be from neighboring properties is to the west,
where the facility is approximately 2,000 feet to the nearest
residence. The Union Pacific mainline and CR 21 are between this
residence and the permitted boundary. Furthermore, there is an
earthen berm, in place along the west side of the property, which
shields surrounding landowners and roads from visual and noise
related impacts. This is an expansion to the current transload
facility and on-going mining activity. As this is an industrial facility,
a security fence with limited points of access is to be installed at
the site's perimeter, and a Lighting plan is required demonstrating
that the site lighting will be downcast and shielded and utilized for
nighttime security and emergency work only. Further, any source
of light, either directed or reflected light, on the site shall be
shielded so that light rays will not shine directly onto adjacent
properties, including public rights-of-way where such would cause
a nuisance or interfere with the use of the adjacent properties,
including the potential to create a traffic hazard to operators of
motor vehicles on the adjacent road systems. The mining
operation has been on-site for over 20-years and the proposed
addition of improvements to the transload facility will not cause
any significant changes for the surrounding property owners. The
applicant proposes no changes to the existing noxious weed
control plan or waste disposal plan.
6) Section 22-2-80.G (I.Goal.7) states: "Recognize the importance of
railroad infrastructure to some industrial uses."
7) Section 22-2-80.G.1 (I.Policy 7.1) states: "Support the continued
and expanded use of existing railroad infrastructure for industrial
uses." The proposed facility will utilize the Union Pacific railroad
mainline and two (2) private internal rail loop tracks spurs within
p the
property boundary. The spurs are being constructed by
contractors for use in this expanding petroleum (crude oil)
transload facility. A crude oil rail loading facility will contribute to
the expansion of the County's industrial economic base by
providing increased capacity to an essential function in the
marketing of oil produced in Weld County.
8) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
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and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." The request for a Site Development
Plan and Use by Special Review for transloading of a commodity
from one mode of transportation to another including rail, truck
and pipeline; transloading of commodities and materials, without
limitation for oil and gas industries, including petroleum products
and storage related to same, and load-out of industrial materials,
the construction of an on-site rail spur to create a "rail loop" of
onsite track, new offices and support buildings, and related
equipment is necessitated by the need to move larger volumes of
petroleum products due to the recent increases in drilling activity
and projected additional production increases anticipated by
producers, and further allows for ongoing gravel mining, (sand,
gravel and stone) the historic use on the property.
9) Section 22-5-80.D.1.H (CM.Policy 4.1.8) states: "Require all
mining operations conform to federal, state and local
environmental standards." Mining operations will continue on the
site unimpeded by transload operations. The remaining areas to
be mined are primarily to the south of the transload use area and
associated infrastructure. Aggregate hauling, processing or other
related mining operations will occur in separate areas including
the on-site haul routes.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the (A)Agricultural Zone District.
1) Section 23-3-40.A.3 and Section 23-3-40.A.7 of the Weld County
Code provides for a Site Development Plan and Third Amended
Use by Special Review for a proposed rail transload yard for the
transferring a commodity from one (1) mode of Transportation to
another whose primary activity includes the following kinds of
uses: rail and truck transloading (rail loading) of commodities and
materials, including, without limitation, those for the agricultural
and oil and gas industries, and including but not limited to
industrial materials, grains, petroleum products, sand, pipe and
storage related to the same, and the extension of the existing
on-site rail track to create several "rail loop" and siding areas of
on-site track and ongoing Gravel Mining (sand, gravel and stone),
in the 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 site is
surrounded by agricultural rangeland and rural residential uses. The
Union Pacific Railroad main track and the private spur and internal rail
into the property are existing, the proposed expansion of the private rail is
internal to the property. The previously approved Landscape and
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Screening Plan addresses screening of adjacent properties from the
transload facility and the gravel mining operation. Development
Standards and Conditions of Approval will ensure that the proposed
amendment to the current operation will be compatible with existing
surrounding land uses. The Department of Planning Services has
received one telephone call from an interested property owner who
requested a copy of the application. Prior to this hearing, no additional
inquiries have been received.
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 proposed site is not located within the three (3) mile
referral areas of a municipality or County. The property is located within
one-half (Y:) mile of the unincorporated Town of Carr.
E. Section 23-2-230.B.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. The
proposal is not located within the Flood Hazard Overlay District area, as
delineated on FIRM Community Panel Map 080266 00025 C and 080266
0175 C, dated September 28, 1982. The site is, however, adjacent to the
west of the unmapped Lone Tree Creek.
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 subject site has a limited amount of prime agricultural
land. The parcel is designated as High Potential Dryland and "Irrigated
Land (Not Prime)" as delineated on the Important Farmlands of Weld
County map, dated 1979. None of the subject parcel is identified as
"Prime" agricultural land. The area has historically been utilized as
pasture land and dryland agriculture pre mining, and post mining area(s)
have been reclaimed per the approved Reclamation Plan. There is no
irrigation water associated with this parcel.
G. Section 23-2-230.B.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 has been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 Weld County Code.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of L.G. Everist, Inc., and Plains All American
Pipeline, L.P., for a Site Specific Development Plan and Third Amended Use by Special Review
Permit, USR13-0065, (formerly known as USR-840), for the expansion of the Niobrara Crude
Terminal Rail Transload Facility for transloading of a commodity from one mode of
transportation to another, including rail, truck and pipeline; transloading of commodities and
materials, without limitation for oil and gas industries, including petroleum products and storage
related to same, and load-out of industrial materials, the construction of an on-site rail spur to
create a rail loop of onsite track, new offices and support buildings, and related equipment, and
ongoing gravel mining (sand, gravel and stone) 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 concerns of the State of Colorado
Division of Water Resources referral, dated December 30, 2013, specific
to the purported water supply for the facility.
B. The applicant shall address the requirements/concerns of the Department
of Public Works, as stated in the referral response, dated
January 2, 2014. Evidence of approval shall be submitted, in writing, to
the Department of Planning Services.
C. The applicant shall submit a Lighting Plan, for review and approval.
D. The applicant shall submit a Screening Plan to mitigate the potential
off-site impacts associated with this facility, for review and approval.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0065.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4). CR 126 is designated on the Weld County Road Classification
Plan as a Collector road, which requires 80 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. An
additional 10 feet shall be delineated on the plat as future CR 126
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
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5) 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. 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. CR 120 is maintained by
Weld County.
6) The existing Union Pacific Railroad right-of-way and recording
information of said right-of-way referenced and delineated.
7) Show the approved access on the plat and label it with the
approved access permit numberAP13-00413.
8) Delineate 60 parking spaces for employees and vendors adjacent
to the Administration Building.
9) The approved Lighting Plan.
10) The approved Screening Plan.
11) The location of the easement for inbound and/or outbound crude
oil, or similar petroleum product pipeline(s) associated with the
facility.
12) Delineate all on-site parking, internal circulation pattern, including
truck loading areas, vendor parking and any improvements to the
point of ingress and egress onto CR 126, as approved by the
Departments of Public Works and Planning Services.
13) The location of any on-site signs.
14) All exterior lighting that is a part of this facility, including all light
standards, shall be delineated in accordance with
Section 23-3-250.6.6 of the Weld County Code.
15) Oil and Gas setbacks shall be delineated on the plat per the Weld
County Code.
16) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
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17) Delineate all recorded easements, and label with Book and Page
or Reception number.
2. Prior to the issuance of a building permit:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
C. The applicant shall submit documentation demonstrating that the
secondary containment to be constructed around the aboveground tanks
complies with the Colorado Oil and Gas Conservation Commission's Rule
604.
3. Prior to construction:
A. The applicant shall obtain a Colorado Discharge Permit System (CDPS)
from the Colorado Department of Public Health and Environment
(CDPHE), Water Quality Control Division, as applicable.
B. A Building and Electrical Permit will be required, per Section 29-3-10 of
the Weld County Code, for any new above ground structures.
C. A Building Permit Application must be completed and two (2) complete
sets of Engineered Plans, including Engineered Foundation Plans bearing
the wet stamp of a Colorado registered architect or engineer must be
submitted for review.
D. 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 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
E. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
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4. One month prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
5. Prior to the issuance of a Certificate of Occupancy:
A. The applicant shall submit evidence of all constructed and operational
commercial well(s) to be utilized for potable water associated with the
facility.
6. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Amended Use by
Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
7. 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
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.
9. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: CCa� ,,,,,,,// r n AZ
C/ •�C,Lto�� Dougl Rademac er, Chair
Weld County Clerk to the Board i
1 rbara Kirkmeyer, Pro-Tem
BY: ( l� !111�.� L: "� 7
Dep 'y Clerk to the Boar. / w
v,
;n P. Conway
APPROVED AS TO FORM: / �� ttiV
_7(An � Mike Fre
Au}. County Attorney
William F. Garcia
/Date of signature: "a2a'7'/q
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. EVERIST, INC., AND PLAINS ALL AMERICAN PIPELINE, L.P.
USR13-0065
1. A Site Specific Development Plan and Third Amended Use by Special Review Permit,
USR13-0065, (formerly known as USR-840), is for the expansion of the Niobrara Crude
Terminal Rail Transload Facility for transloading of a commodity from one mode of
transportation to another, including rail, truck and pipeline; transloading of commodities
and materials, without limitation for oil and gas industries, including petroleum products
and storage related to same, and load-out of industrial materials, the construction of an
on-site rail spur to create a rail loop of onsite track, new offices and support buildings,
and related equipment, and ongoing gravel mining (sand, gravel and stone) 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. 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. The applicant shall operate in accordance with the approved Waste Handling
Plan.
6. 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.
7. The applicant shall remove, handle, and stockpile overburden soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions (2ndAmUSR-840).
8. 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 or all
applicable state noise statutes and/or regulations.
9. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
10. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of
in accordance with all applicable rules and regulations.
11. A Spill Prevention Control and Countermeasure plan shall be kept on-site, at all times.
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12. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. Sewage disposal for the facility shall be by septic system. 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.).
14. In the event the facility's water system serves more than 25 people on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
9
(5 CCR 1003-1).
15. Portable toilets may be utilizedon the sites that are temporary locations of the working
face. Bottled water shall be provided to employees at the temporary
po ary locations of the
working face at all times. (2ndAmUSR-840)
( )
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 (HAP's) and volatile organic compounds (VOC's).
17. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
18. The number of on-site employees shall commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to I.S.D.S. Regulations.
19. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
20. The operation shall comply with the Mine Safety and Health Act (MSHA).
21. The operation shall comply with the Occupational Safety and Health Act (OSHA).
22. The property owner or operator shall provide written evidence of an Emergency Action
and Safety Plan on or before March 1 of any given year, signed by representatives of the
Fire District and the Weld County Office of Emergency Management, to the Department
of Planning Services.
23. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
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24. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light, except in the case of public or private
emergency, or to make necessary repairs to equipment. Hours of operation in the winter
months (November through April) will be from 7:00 AM to 5:00 PM and in the summer
months (May through October) will be 7:00 AM to 7:00 PM. Hours of operation may be
extended with specific permission from the Weld County Department of Planning
Services. This restriction shall not apply to operation of administrative and executive
offices or repair and maintenance facilities located on the property.
25. The Transload Facility will operate 24 hours a day, seven (7) days a week.
26. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site.
27. 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.
28. 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.
29. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas.
30. The historical flow patterns and runoff amounts will be maintained on the site.
31. The site must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices (BMPs).
32. The facility shall attempt to ensure the existing access within the Union Pacific right-of-
way is not impeded or eliminated.
33. Building permits maybe 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
the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report performed
9 9 P by a Colorado registered
engineer shall be required or an Open Hole Inspection.
34. Building permits issued on the property will be required to adhere to the fe
e P Y q structure of
the County-Wide Road Impact Fee Program.
35. Building Permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
36. The existing landscaping and screening on the site shall be maintained.
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37. The approved site lighting shall adhere to the approved Lighting Plan.
38. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
40. 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.
41. 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 to comply
with the Development Standards stated herein and all applicable Weld County
regulations.
42. 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.
43. In accordance with Section 23-2-200.E of the Weld County Code, if the Amended Use
by Special Review has not commenced three (3) years from the date of approval, or is
discontinued for a period of three (3) consecutive years, it shall be presumed inactive.
The county shall initiate an administrative hearing to consider whether to grant an
extension of time to commence the use, or revoke the Amended Use by Special Review.
If the Amended Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of Division 4 of the Weld County Code in order to
reestablish any Use by Special Review.
44. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
45. 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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