2005-10-03_PERMIT FILE - M2005059

• Permit No: M2005059
• IBM Index Class Name: PERMIT FILE
• Doc Date: 10/3/2005
• Doc Name: Timing on Approval for Nelson- FAX
• From: Asphalt Specialties Co.
• To: DMG
• Media Type: D
• Archive: No

•" Oct*, 03 2005 4; O5PM
09/29/05 00:21 FAX
q
1.
Deveipment Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
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 -
4VP 250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approvei,is conditional upon the following:
Prior to scheduling the Board of County Commissioners hearing:
C.
HP 'LFTSERJET—FRX 303 552 -8788
U8R -1626, Asphalt Specialties Inc., Page 5
lai 006
A. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production
should occur in a manner which minimizes the Impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
Surface uses." Section 22- 5 -100.B of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner /operators of either the surface or the mineral estate." Finally,.Section 22-5-100.B.1
of the Weld County Code states new development should be planned to take Into account
current and future oil and gas drilling . activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit a copy of an agreement with
the property's mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owner /operators. The plat
shall be amended to Include any possible future drilling sites. (Department of Planning
Services)
B. The applicant shall submit a signed copy of an agreement with the Last Chance Ditch
Company regarding the re and concerns as outlined In the letter from their legal
counsel dated SeptemberQ )2005 Written evidence of an agreement on letterhead of
either the Ditch Company or Bernard Lyons Gaddis & Kahn, Attorneys for the ditch company
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
The applicant shall provide written evidence that all issues involving water rights, Including
a water court approved plan for augmentation or ubstitute water supply plan has been
approved by the State of Colorado, Division of ater Resources. Written evidence of
approval or obtaining approval from the Colorado Division of Minerals end Geology (DMG)
for a permit to mine the resource shall be submitted to the Weld County Department of
Planning Services prior to mining of the mineral resource. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.0 of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled USR -1529 (Department of Planning Services)
3. The Development Standards associated with this application. (Department of
• , Planning Services)
2
tn
tri ow
0
ax,"