EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35.13

Development Requirements for Mineral and
Natural Resource Extraction Operations

A.   GENERAL REQUIREMENTS

1.   A mineral and natural resource extraction operation shall only be considered and approved in those zones where such use is permitted by special use.

2.   In addition to compliance with special use standards, requirements and conditions required within or imposed by the Board of County Commissioners pursuant to Section 35.8, a mineral and natural resource extraction operation shall also comply with the standards, requirements and conditions required within or imposed by the Board of County Commissioners pursuant to Section 35.13.

3.   A special use petition for approval of a mineral and natural resource extraction operation shall not be accepted for review and processing unless it includes copies of the complete documentation required by the Colorado Mined Land Reclamation Board (MLRB) as part of its permitting process, and copies of supplemental reports and plans specified in this section are provided to the Planning Depart-ment.

The applicant shall provide written notice to the El Paso County Development Services Department of the filing of an application for a reclamation permit or renewal of an existing permit to the Mined Land Reclamation Board concurrent with the placement of a copy of such application or renewal for public inspection at the office of the El Paso County Clerk and Recorder in accordance with C.R.S. §34-32-112 (10)(a).

The applicant shall provide copies of the proof of notice of publication as required by C.R.S. §34-32-112 (10)(b) to the El Paso County Development Services Departmen.

4.   Any special use approval of a mineral and natural resource extraction operation by the Board of County Commissioners shall be expressly conditioned upon the issuance of a valid mining permit by the M.L.R.B.

B.   ADDITIONAL STANDARDS

The petitioner for a proposed special use of a mineral and natural resource extraction operation shall demonstrate the following to the satisfaction of the Board of County Commissioners:

1.   The use is consistent with the El Paso County Master Plan for Extraction of Commercial Mineral Deposits, as amended.

2.   The use will not have an adverse long-term visual impact either from adjacent and adjoining properties or from major transportation corridors.

3.   The site can be reclaimed to a use and character compatible with surrounding uses and zoning.

4.   The operation will result in an efficient use of the mineral deposit.

5.   The use will not substantially disturb uniquely sensitive environmental features including wetlands, riparian habitats, other critical wildlife habitats and rare or unusual natural features.

6.   The use will not substantially disturb identified historical, archaeological and paleontological sites.

7.   The site and associated special use operations will be adequately buffered from surrounding properties and uses.

8.   Adequate water supplies will be available for drinking, dust control, landscaping, general operations and effective reclamation.

9.   Adverse impacts to adjacent properties and travellers from vibration, noise, glare, blowing or flowing materials, or odors will be minimal.

10.   A mineral deposit of a commercial nature exists pursuant to state statute.

11.   Site security and safety plans are adequate.

12.   Hours of operation will be compatible with neighboring uses, traffic volumes, affected transportation corridors and school bus operations, and designated pedestrian crosswalk activity. Compatibility should be projected over the lifetime of the operation.

13.   Reclamation of adverse visual and other environmental impacts will take place within a reasonable and specified time frame.

C.   REPORT GUIDELINES

1.   Visual Impact Analysis including, but not limited to:

a.   Graphic depiction of all off-site properties which will be visually impacted during each of the proposed phases and upon completion of the operation.

b.   Depiction of the approximate number of existing and anticipated future residences, businesses, and institutions which will be visually impacted.

c.   Identification of major transportation corridors from which any part of the proposed operation will be visible.

d.   Temporal aspects of the visual impact.

e.   Night lighting and glare.

f.   Textual and graphic description of measures proposed to miti-gate visual impacts.

2.   Mining Operation Plan

NOTE: Any or all of this information may be referenced from the MLRB permit application.

a.   Complete legal description of the permit area and pertinent mineral rights supplemented by geographic descriptions of the location of separate phasing areas, haul roads, utilities, buffer areas, improvements, and major equipment within the permit area.

b.   Description of the overall operation to include all relevant aspects including, but not limited to, site preparation, excavation methods, nature of crushing or screening activities, stockpiling, hauling plan and dust suppression activities, and grading plan for completed mining activity.

c.   Description of the overall period of operation (may be for the life of the mine or may include a closure date).

d.   Description of seasons, days and times of operation supplemented with additional limitations for specified activities such as blasting, hauling, crushing, or screening.

e.   Description of maximum number of employees and/or contractors and independent haulers who will be on site during various phases of operations.

f.   Description of available water and sanitation facilities.

g.   Description of emergency services facilities and plans to include fire and police protection, available emergency medical facilities, and an emergency response plan.

h.   Plans for site security and safety.

i.   List of all major equipment and equipment location to be used on site.

j.   Description of environmental monitoring which will be conducted on or off the site.

k.   Description of procedures to log and address complaints related to the operation.

l.   Modifications to the reclamation plan which may be made to satisfy County special use standards.

m.   Drainage, erosion and sedimentation control plan acceptable to responsible local regulatory agencies.

n.   Copy of any required air or water quality permits.

3.   Traffic Impact Analysis including, but not limited to:

a.   Description and depiction of functional classification, capacity, condition and maintenance responsibility of all roadways connecting the proposed operation to the regional roadway network.

b.   Traffic generation described and depicted by average and maximum hourly, daily and monthly vehicle mix by specific vehicle type.

c.   Proposed distribution of traffic generated as a result of the operation, with an evaluation of alternatives, if appropriate.

d.   Specific consideration of traffic, noise or dust related impacts.

e.   Description of plans to mitigate vehicular and pedestrian traffic impacts.

4.   Analysis of Impacts to Sensitive or Significant Features

a.   Identification of historic, archaeological or paleontological resources which might be impacted by the proposed activity.

b.   Identification of sensitive or hazardous environmental features which might impact or be impacted by the proposed activity. These features may include wetlands, floodplains, geologic hazards, wildlife habitat and vegetation.

c.   Means proposed to mitigate these impacts.

5.   Analysis of Other Potential Impacts

a.   Description of off-site impacts generated as a result of the operation, including light or glare, noise, vibration, blowing material from the site, trucks or haul roads, dust and other air and water quality impacts.

b.   Means proposed to mitigate these impacts.

6.   Geologic Report

a.   Description of the overall geology of the site, including identification of soil types, deposits and rock units which will be exposed during the life of the activity.

b.   Identification of natural or man-made geological hazards before, during and after mining.

7.   Ultimate Land Use Analysis

a.   A description and depiction of the ultimate land use for the property following the completion of the mining operation, which will reflect and be consistent with the reclamation plan prepared in accordance with C.R.S. §34-32-116 (1)(j).

b.   The review by the Board of County Commissioners of applicant's proposed ultimate land use will not ensure that the land use will be permitted at the time that mining is completed.

D.   ADMINISTRATIVE PROCESS

1.   Purpose: The purpose of this section is to set out a limited administrative review process that allows for the timely and efficient review of specified sand, gravel and uses. aggregate mining operations, while preventing erosion, sedimentation, and fugitive dust; ensuring adequate revegetation of disturbed ground; and controlling the adverse impacts of off-site haulage of mineral products. The overall goal is to ensure compatibility of earth-moving activity with the environment and surrounding land

2.   Application: This administrative process shall be available only for the following types of mining operations:

a.   Any sand, gravel, or quarry aggregate operation which is to be operated for the sole purpose of obtaining materials for highway, road, utility, or similar public construction project under a federal, state, county, city, town, or special district contract where the contract calls for the work to be commenced within ninety (90) days of contract approval and which will affect ten (10) acres or less. The ad-ministrative approval shall last only so long as the contract or any supplement thereto is in effect but no longer than twenty-four (24) months.

b.   Any sand, gravel, or quarry aggregate operation the primary purpose of which is to level, excavate, or otherwise prepare land for road or building construction and which:

1)   Involves the removal from the site of less than fifty thousand (50,000) cubic yards of product, whether or not said product is sold;

2)   Can be completed within four (4) months of initial earthmoving activity;

3)   Does not involve crushing or processing of the mineral product on site; and

4)   Is not located in or immediately adjacent to a floodplain or floodway, unless all required floodplain development permits and/or Section 404 permits have been obtained.

3.   Procedures: The applicant shall submit a completed application and site plan for the proposed operation and shall comply with the submittal requirements of Section 4 of the Land Development Code, except no filing fee is required for any project that qualifies under 2.a. above.

a.   Public notice shall be provided as follows:

1)   Posting - A notice, not less than two (2) square feet in size, shall be posted in a prominent place upon the proposed site. The notice shall identify the nature of the proposed mining operation, state that the action involves an administrative determination and direct any interested party to respond to the Development Services Director within fourteen (14) days following the date the property was posted.

2)   Mailing - A notice shall be mailed to all property owners within five hundred (500) feet of the proposed site. The notice shall identify the nature of the proposed mining operation, state that the action involves an administrative determination and direct any interested party to re-spond to the Development Services Director within fourteen (14) days following the date the notice was mailed.

b.   The application, site plan and necessary reports shall comply with the standards, requirements and conditions of Section 35.8, Sections 35.13 B. and 35.13 C. The completeness of the application shall be the sole determination of the Development Services Director. The application shall also include the following:

1)   A grading plan for the proposed site upon completion of the mining activity;

2)   An erosion and sedimentation control plan; and

3)   A copy of the fugitive dust permit and any other required air or water quality permits.

c.   Copies of the application and site plan shall be distributed to local, regional, state and federal agencies as deemed appropriate by the Development Services Director. Agencies will be requested to respond within fourteen (14) days.

4.   Approval: The Development Services Director may impose any condition or requirement deemed necessary to protect the health, safety, and welfare of the public; to prevent a nuisance or hazard to property; and to ensure proper completion of the project, including but not limited to:

a.   Mitigation of adverse environmental and visual impacts;

b.   Fencing or other protection needed to avoid hazardous situations;

c.   Dust, erosion, sediment, and noise control, water quality protection, blasting, hours of operation, minimal weather conditions for operation, access roads and haul routes, and times of hauling; and

d.   Reimbursement to the County or other governmental entity for damage to public roads and highways caused by truck hauling of mineral products.

The Development Service Director shall approve, with or without conditions, or deny the application within thirty (30) days after receipt of a completed application. Final action by the Director shall be in writing with the reasons for denial identified.

5.   Appeal: Any interested party may appeal the final action of the Development Services Director to the Board of County Commissioners.

The appeal must be in writing and shall be submitted to the Development Services Department within thirty (30) days of the Director's final action. Said appeal shall be limited to the record before the Development Services Director in making his decision. The burden of proof for said appeal rests with the party appealing the action. The Board of County Commissioners shall schedule a hearing within thirty (30) days of receipt of the appeal, and notice of such hearing date shall be sent to the applicant and any interested party appealing the Director's action via regular mail.

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