This chapter is enacted to protect and promote the health, safety, morals, convenience, order, prosperity, or general welfare of the present and future residents of the town. It is the intent of the town board of trustees by enacting these regulations to facilitate mineral extraction within the town while mitigating potential land use conflicts between such development and existing, as well as planned, land uses. It is recognized that under state law the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that portion of the surface estate reasonably necessary to extract and develop their subsurface mineral rights. The state has a recognized interest in fostering the efficient development, production, and utilization of mineral extraction, and particularly in the prevention of waste and protection of the correlative rights of mineral interest owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to be accommodated by the mineral lessee, including the right to require the lessee to use reasonably available alternatives, if the lessee's operation would impair or preclude uses by the surface estate owner. Municipal governments have a statutory and judicially recognized authority and responsibility to regulate land use within their jurisdiction. These regulations are intended to be an exercise of that land use authority of the town in a manner that upholds the balance between municipal and state interests.

(Ord. 12-07 § 1 (part))

All terms used in this chapter that are defined in the Reclamation Act and are not otherwise defined in this section, are defined as provided in the Reclamation Act or in such regulations as of the effective date of this chapter. All other words used in this chapter are given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the mineral extraction industry, shall be given that meaning which is generally accepted in said mineral extraction industry. When not clearly otherwise indicated by the context, the following words and phrases used in this chapter have the following meanings:

A.

"Act" means the Mined Land Reclamation Act of the State of Colorado.

B.

"Aggregate" means topsoil, sand, gravel, crushed stone and quaried rock used for construction purposes.

C.

"Ambient water quality" means water in its natural state or the existing environmental condition of the water or how it was found.

D.

"Applicant" means that person, corporation or other legal entity possessing the legal right to develop the mineral resource or any other use proposed in connection thereof for the site in question; generally, the applicant will be the owner or lessee of the mineral estate.

E.

"Aquifer" means a layer of gravel, sand or porous, fractured rock containing saturated permeable material through which significant amounts of ground water can travel to wells and springs.

F.

"As-built drawing" means a set of engineering plans that have been revised to reflect all changes to the plans that occurred during construction.

G.

"As-graded" means the configuration of the surface conditions on completion of grading.

H.

"Asphalt plant" means the equipment and area on a mineral extraction site that produces asphalt.

I.

"Average monthly discharge" means the average of the measured turbidity or other water quality values (TSS, TDS, etc.) collected from a discharge point over a calendar month's time.

J.

"Baffles" mean partitions within a settling pond or retention basin designed to increase the length the water travels before discharge.

K.

"Bedrock" means the solid rock that underlies the soil, overburden and unconsolidated matter.

L.

"Bench" means a relatively level or back sloping step, excavated or constructed on the face of a graded slope surface for safety, stability, drainage and to facilitate maintenance.

M.

"Berm" means a constructed barrier of overburden, topsoil or waste rock, often planted with trees, shrubs and ground cover. Berms are used to block noise, dust and views of an aggregate operation from reaching adjacent properties.

N.

"Best Management Practices" means physical structures, activities, practices or procedures that prevent, reduce or mitigate an undesired event, impact or effect.

O.

"Borrow pit" means an excavation to provide fill for construction activities.

P.

"Buffer strip" means a strip of land that separates incompatible activities. Buffer strips can be used to intercept dust and noise, enhance aesthetics or other qualities along or adjacent to residences, roads and trails, filter storm water runoff or protect an environmentally sensitive area such as a river (riparian area). Buffer strips may also be land left in its natural state or planted to perform specific objectives.

Q.

"Building units" means a building or structure intended for human occupancy. Every guest room in a hotel/motel or bed and breakfast facility is equal to one building unit, and every five thousand square feet of building floor area in commercial facilities is equal to one building permit.

R.

"Competency" means a measure of the strength or soundness of rock.

S.

"Concrete batch plant" means the equipment and area on a mineral extraction site that produces concrete.

T.

"Crushed stone" means rock, boulders and cobbles that are blasted or mined and subsequently crushed and processed into aggregate.

U.

"Day" means a period of twenty-four consecutive hours.

V.

"Effluent" means waste material released either into the air or water, or onto land.

W.

"Erosion" means the degradation of the ground surface as the result of wind, running water, ice or other geological agents, including such processes as gravitational creep.

X.

"Erosion and sediment control" means the procedures intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, filter fences, and sediment traps and ponds.

Y.

"Extraction or mineral extraction" means the process of removing raw material, sand, gravel rock or aggregate product or resource from the deposit location.

Z.

"Fugitive dust" means dust which is generated by unstable, non-point sources like movement of equipment and the effects of wind and rain on stockpiles and areas stripped of vegetation. Fugitive dust is the most common cause of dust complaints at aggregate operations.

AA.

"Grade" means the elevation of the ground surface. Existing grade is the grade prior to disturbance. Rough grade is the stage at which the grade approximates the final finished grade. Finish grade is the final grade of the site. Grading is any excavating, filling, removing or placement of material, or combination thereof.

BB.

"Gravel" means unconsolidated materials that are made up of rock fragments two mm to seventy-five mm in diameter.

CC.

"Ground water" means water that passes through or stands underground in porous rocks and soils, in the zone of saturation, that is under a pressure equal to or greater than atmospheric pressure and supplies wells.

DD.

"Hydroseeding" means a process whereby seed, fertilizer, wood fiber mulch and/or other agriculture approved additives are mixed together to form a slurry that, when applied to soil, encourages vegetation growth and is an effective means of erosion control.

EE.

"Inspector" means any person designated by the chief building official, or designee thereof, who shall have the authority to inspect a well site to determine compliance with this chapter and other applicable ordinances of the town.

FF.

"Operating plan" means a general description of a facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operating, source of services, infrastructure, and any other information related to regular functioning of such facility.

GG.

"Operator" means the person designated by the working interest owners as operator and named in the Reclamation Plan.

HH.

"Owner" means any person with a working interest ownership in the mineral interest therein.

II.

"Pollutant" means an inorganic substance or sound in the environment that, because of its chemical composition or quantity, prevents the functioning of natural processes and produces undesirable environmental and health effects or adversely affects the usefulness of a resource. For example, substances that could render water harmful to fish include oil and greases, metals, oxygen-demanding substances, toxic organics, fecal coliform bacteria, and any excessive nutrients and sediment. With respect to water, pollutants include any man-made or man-induced alteration of the physical, biological or chemical integrity of the water.

JJ.

"Recycled aggregates" means those materials that are produced as a result of the reprocessing of waste concrete and asphalt pavements into useable aggregates.

KK.

"Reclamation" means the process by which the landforms, land productivity and land uses on a disturbed site get restored and/or created, including the re-establishment of self-sustaining plant cover on a disturbed site.

LL.

"Sand" means those unconsolidated materials that are primarily composed of coarse, medium and fine mineral particles 4.76 mm (#4 sieve) to 0.074 mm (#200 sieve) in diameter.

MM.

"Stockpiling" means the practice of storing materials for later use, sale or disposal.

NN.

"Storm water" means that portion of rainfall and snowmelt runoff that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a storm water drainage system.

OO.

"Topsoil" means the upper-most soil layer that is commonly characterized by dark-colored, organically-enriched materials.

PP.

"Use tax" means the tax paid by a consumer for using, storing, distributing, or otherwise consuming tangible personal property or taxable services inside the town.

QQ.

"Washing" means the practice of cleaning aggregate with water to remove excessive amounts of fine particles.

RR.

"Water table" means the upper surface or elevation of the groundwater within the aquifer that is closest to the ground surface.

(Ord. 12-07 § 1 (part))

For all parcels within the town, including planned unit developments (PUDs), the following provisions apply:

A.

Proposed Mineral Extraction Facilities.

1.

It shall be unlawful for any person to excavate for sand, gravel and aggregate product and resource that has not been previously permitted under this chapter.

2.

The granting of such mineral extraction special use permit shall not relieve the operator from complying with all applicable regulatory requirements of the town, the state and the United States.

3.

The mineral extraction special use permit is limited to the current proposed facilities as shown in the approved plan.

4.

Within thirty days after completion of operations, the applicant shall provide to the town "as-built" drawings showing all grade changes and finished landscaping.

(Ord. 12-07 § 1 (part))

A.

In recognition of the potential safety and health impacts associated with mineral extraction in an urban setting, all mineral extraction facilities shall be inspected annually by the inspectors of the town.

B.

The operator shall pay an inspection fee for each approved mineral extraction site per this chapter, annually or as often as the board of trustees determines is reasonable. The board of trustees shall set the fee for mineral extraction site inspection per this chapter annually by resolution, or as often as necessary, in the board's sole discretion.

C.

In addition, the town may inspect the entire site, including any structures at other reasonable times to determine compliance with applicable provisions of this chapter, the 2003 International Fire Code, the 2003 International Building Code, or other building code as adopted by the town, and all other applicable standards in this title.

D.

For the purpose of implementing and enforcing the provisions of this chapter, town personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present. The operator shall provide the telephone number of a contact person who may be reached twenty-four hours a day for purposes of being notified of any proposed town inspection under this section.

E.

Notwithstanding the above, in the event of an emergency, the inspectors of the town may inspect without such notice, provided that the operator is notified of the emergency inspection within a reasonable amount of time thereafter.

F.

If the operator fails to pay the inspection fee imposed by this chapter when due, a penalty of ten percent shall be added to the amount of the fee due, together with interest on the amount due at the rate of one percent for each month or portion thereof for which the fee is unpaid.

G.

The town may recover in an action at law the amount of the inspection or other fees and costs imposed by the provisions of this chapter and penalty and interest due and unpaid under this chapter, as well as all costs, including attorney fees, incurred by the town if it prevails in the enforcement of this chapter.

(Ord. 12-07 § 1 (part))

(Ord. No. 8-2012, § 6, 4-23-2012)

The site plan(s) for a mineral extraction site submitted with an application for mineral extraction special use permit shall be submitted on one or more plats or maps, at a scale not less than 1″ = 50′, showing the following information:

A.

The proposed location of all facilities associated with the mineral extraction, including but not limited to all extraction areas, berms, wetlands, asphalt plant, concrete batch plant, topsoil preservation piles, sales office, scales, parking areas, loading areas, internal thoroughfares and water quality ponds shall be depicted on site plan;

B.

The location of layout, including, without limitation, the position of existing related facilities, improvements and structures, if applicable;

C.

True north arrow;

D.

Existing utility easements and other rights-of-way of record, if any;

E.

Existing irrigation or drainage ditches within four hundred feet of the mineral extraction site, if any;

F.

Drainage and erosion control plans for the mineral extraction site and the area immediately adjacent to the mineral extraction site, if applicable;

G.

Location of access roads, including established and/or proposed legal access to the mineral extraction site;

H.

Existing mineral lease boundaries;

I.

The names of abutting subdivisions or the names of owners of abutting, unplatted property within four hundred feet of the mineral extraction site;

J.

The name, phone number and address of the operator and the signature and seal of a professional land surveyor; and

K.

The applicant's site specific Reclamation Plan, as submitted to the State of Colorado.

(Ord. 12-07 § 1 (part))

The vicinity maps for a mineral extraction site submitted with an application for a mineral extraction special use permit shall be submitted on one or more plats or maps showing the following information:

A.

Location of all existing water bodies and watercourses, including direction of water flow. This information shall be submitted on USGS 7.5 minute series or assessor base maps which indicate topographic detail and show all existing water bodies and watercourses with a physically defined channel within a four hundred foot radius of the proposed mineral extraction site;

B.

Location of existing oil and gas wells or injection wells as reflected in OGCC records. This information shall be submitted on a map and shall include any and all wells within a one thousand foot radius of the proposed mineral extraction site;

C.

Location of all building units within a one thousand foot radius from the mineral extraction site; and

D.

Location of mineral extraction pits.

(Ord. 12-07 § 1 (part))

In addition to the site plans and the vicinity maps required in sections 17.77.050 and 17.77.060 above, the application shall also include the following:

A.

The operator's and surface owner's names and addresses, and designation of agent, if applicable;

B.

An operating plan, including the method of and phasing schedule for the operation;

C.

A list of all permits or approvals obtained or to be obtained from local, state, or federal agencies;

D.

An emergency response plan that is mutually acceptable to the operator and the appropriate emergency response network that includes but is not limited to a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well, and provisions for access by emergency response entities;

E.

A plan for weed control at the extraction site;

F.

A fire protection plan that is mutually acceptable to the operator and the appropriate fire district that includes planned actions for possible emergency events and other pertinent information. Prior to application to the town, a proposed fire protection and emergency response plan shall be submitted to and reviewed by the fire district;

G.

To the extent applicable, sources of water to be used in mineral extraction operations, including the legal basis for the right to use such water;

H.

Proposed sanitary facilities;

I.

A noise, odor, vibration, heat, glare, exterior illumination and dust abatement plan to control impacts on adjacent properties;

J.

A traffic study and transportation route plan, including the numbers and types of all vehicles entering and exiting the site during the course of the mineral extraction, including but not limited to the weight, number of axles and length of each vehicle; and

K.

Any and all other proposed activities to occur on the land, either related to the mineral extraction operation or not.

(Ord. 12-07 § 1 (part))

The planning and zoning commission, at a regularly scheduled meeting, shall review the application for a mineral extraction special use permit and, based on conformance of the application with the requirements set forth below, recommend to the board of trustees approval, approval with conditions or denial. The board of trustees shall approve an application for a mineral extraction special use permit for a well site if the application submitted by the applicant conforms to the following requirements:

A.

The site plans for a mineral extraction special use permit application comply with the requirements of Section 17.77.050;

B.

The vicinity maps for a mineral extraction site application comply with the requirements of Section 17.77.060;

C.

The narrative for a mineral extraction site application complies with the requirements of Section 17.77.070;

D.

When applicable, compliance with the provisions for geologic hazards, flood plains, or floodway required in Section 17.77.190; and

E.

When applicable, compliance with the provisions for wildlife mitigation procedures required in Section 17.77.210.

(Ord. 12-07 § 1 (part))

Prior to commencement of operations for which a mineral extraction special use permit has been approved, a "notice to proceed" shall be obtained from the town community development department. The following documentation must be submitted and approved prior to the issuance of the notice to proceed:

A.

A copy of the board of trustees resolution approving the mineral extraction special use permit;

B.

A copy of the approved site plan;

C.

Copies of any necessary state or federal permits issued for the operation, if not previously submitted; and

D.

A copy of an approved extra legal vehicle or load permit issued by the town pursuant to this code, if applicable.

(Ord. 12-07 § 1 (part))

Building permits must be obtained for all above ground structures to which the International Building Code applies.

(Ord. 12-07 § 1 (part))

In all areas of the town, the following apply:

A.

A mineral extraction site shall be setback not less than one hundred feet from any occupied building or occupied building permitted for construction, and shall be setback not less than fifty feet from any public right-of-way;

B.

Asphalt plants and concrete batch plants shall be setback not less than three hundred fifty feet from any occupied building or occupied building permitted for construction, and not less than five hundred fifty feet from an educational facility, assembly building, hospital, nursing home, board and care facility, or jail and shall be setback not less than one hundred fifty feet from any public right-of-way; and

C.

The mineral extraction site plan should indicate berms or buffer strips on the property boundaries within the required setbacks in order to mitigate negative impacts of the operation.

(Ord. 12-07 § 1 (part))

The approval of a mineral extraction special use permit shall not relieve the operator from complying with all current applicable state and federal regulations and standards concerning air quality, ambient water quality and post-mining water quality (including but not limited to turbidity, average monthly discharge, total suspended solids and total dissolved solids), and waste disposal. Issues related to the effects on surrounding aquifers will be reviewed by the town.

(Ord. 12-07 § 1 (part))

All equipment and methods used in mineral extraction shall comply with Chapter 17.49 of this code (including but not limited to dust, noise, vibration, hours of operation, heat, and glare), unless other standards are approved by the board of trustees upon careful consideration of the mineral extraction special use permit documents and any other mitigating measures. Exhaust from all engines, motors, coolers, and other mechanized equipment associated with such operations shall be vented in a direction away from occupied buildings.

(Ord. 12-07 § 1 (part))

A.

Facilities shall be painted as follows:

1.

Uniform, non-contrasting, non-reflective color tones;

2.

Color matched to land, not sky, slightly darker than adjacent landscape; and

3.

Exposed concrete colored to match soil color.

B.

All mineral extraction facilities shall comply with the maximum height requirements for the applicable zone district set forth in this code.

C.

Exterior lighting shall be directed away from residential areas, or shielded from said areas to eliminate glare, in accordance with Chapter 17.61 of this code.

(Ord. 12-07 § 1 (part))

The approval of a mineral extraction special use permit shall not relieve the operator from complying with all local and state rules and regulations with respect to reclamation of site. At no time shall reclamation of the mineral extraction site occur without prior notification to the town.

(Ord. 12-07 § 1 (part))

The approval of a mineral extraction special use permit shall not relieve the operator from complying with all local and state rules and regulations with respect to seismic operations.

(Ord. 12-07 § 1 (part))

The approval of a mineral extraction special use permit shall not relieve the operator from complying with Chapter 17.60 of this code with respect to signs. In addition, the owner or operator shall maintain in good, readable condition all signs required by the town.

(Ord. 12-07 § 1 (part))

The approval of a mineral extraction special use permit shall not relieve the operator from complying with all state rules and regulations with respect to site reclamation, including the Reclamation Act.

(Ord. 12-07 § 1 (part))

All equipment at mineral extraction sites in geological hazard and floodplain areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement or subsidence and to the extent necessary to comply with the Federal Emergency Management Act.

(Ord. 12-07 § 1 (part))

All private roads used to access or navigation within the mineral extraction site shall be improved and maintained according to the following standards:

A.

Access roads shall be subject to review by the town engineer in accordance with the following minimum standards:

1.

A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six inches thick compacted to a minimum density of ninety-five percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, Aggregate Base Course, as specified for aggregate base course materials in the Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction," latest edition;

2.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways (such as roadside swales, gulches, rivers, creeks, and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the town engineer; and

3.

Maintained so as to provide a passable roadway reasonably free of ruts at all times.

B.

An extra-legal vehicle or load permit shall be required for all extra-legal vehicles or loads as defined in Sections 42-4-501 through 512, C.R.S., which use town streets. Said permit, if required, shall be obtained from the town prior to such use.

C.

Applicant shall indicate proposed improvements to existing roads adjacent to the site, or for which the town identifies as impacted by the operation. Nothing herein shall waive the requirement for the applicant to apply for and receive a Colorado Department of Transportation access permit, if applicable.

(Ord. 12-07 § 1 (part))

The approval of a mineral extraction special use permit shall not relieve the operator from complying with all current applicable state and federal regulations and standards concerning wildlife and endangered species. The applicant, upon the town's request, shall provide a wildlife study, prepared by a qualified wildlife biologist, to be reviewed and approved by the town. Such report shall be submitted to the town no fewer than thirty days prior to the first public hearing before the planning and zoning commission.

(Ord. 12-07 § 1 (part))

In the event of a conflict between the provisions of this chapter and any other provision of this title, the provisions of this chapter shall control.

(Ord. 12-07 § 1 (part))

The operator shall reimburse the town and/or district for any emergency response costs incurred by the town and/or district in connection with activity at the mineral extraction site.

(Ord. 12-07 § 1 (part))

Except as otherwise provided in this chapter, it is unlawful to operate, construct, install, or cause to be constructed or installed, any mineral extraction site or equipment within the town unless approval has been granted by the town. The unlawful mining or extraction of any parcel within the town therefrom is a violation of this chapter.

(Ord. 12-07 § 1 (part))

The unlawful mining or extraction of any parcel is a violation of this chapter, punishable by a fine of not more than one thousand dollars per violation, or by imprisonment of not more than one year, or by both such fine and imprisonment. Each day of such unlawful operation constitutes a separate violation.

(Ord. 12-07 § 1 (part))

In case any building or structure is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this chapter or the conditions and requirements of the mineral extraction special use permit, the town attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use.

(Ord. 12-07 § 1 (part))

The board of trustees may revoke approval of a mineral extraction special use permit if it is determined after a public meeting, held on at least ten days notice to the applicant, that the applicant provided information or documentation upon which approval was based, which the applicant, its agents, servants, and employees, knew, or reasonably should have known, was materially false, misleading, deceptive, or inaccurate.

(Ord. 12-07 § 1 (part))

Unless specifically provided otherwise, this chapter shall apply only to mineral extraction sites which are proposed in the town on and after the date that this chapter is adopted.

(Ord. 12-07 § 1 (part))

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, the remaining provisions of this chapter will remain valid, it being the intent of the board of trustees that the provisions of this chapter are severable.

(Ord. 12-07 § 1 (part))

A.

When an application is submitted to the town for a mineral extraction special use permit under this chapter, the applicant shall pay to the town a mineral extraction application fee. The board of trustees shall set the fee for mineral extraction per this chapter annually by resolution, or as often as necessary, in the board's sole discretion. This fee is in addition to the special use permit fee as delineated in Chapter 17.78 of this code and any other applicable fee by the code or by resolution.

B.

In addition to the above, the applicant for a mineral extraction special use permit shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees and filing or recording fees. In addition, the applicant shall submit a fifteen percent administrative fee based on the total of all consultant charges for the review of the mineral extraction special use permit.

C.

Nothing herein constitutes a waiver by the town of any ordinances or general applicability, including road impact fees.

(Ord. 12-07 § 1 (part))

(Ord. No. 8-2012, § 7, 4-23-2012)

The town shall be entitled to recover from any party that violates or fails to comply with any provision of this chapter all costs, expenses and attorney fees incurred by the town for enforcement of the provisions of this chapter.

(Ord. 12-07 § 1 (part))