HomeMy WebLinkAbout20120120 Submit by Email
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Weld County Referral
iiiiiDc October 4, 2011
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant: Miller Family Investments Case Number: USR11-0020
Please Reply By: November 1, 2011 Planner: Kim Ogle
Project:A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL
RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING(SANDS,
GRAVELS AND STONES)AND MATERIALS PROCESSING IN THE A(AGRICULTURAL)ZONE
DISTRICT
Location: LOCATED APPROXIMATELY 3.5 MILES NORTHEAST OF PIERECE COLORADO IN THE
NE4 SECTION 12, T8N, R66W
MORE SPECIFICALLY DECIRBED AS SOUTH OF AND ADJACENT TO CR 96 AND WEST OF AND
ADJACENT TO CR 37
Parcel Number: 055312000009-R0631986 Legal: E740' NE4 12-8-66 of the 6th P.M.,Weld County,
Colorado.
I• The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
® We have reviewed the request and find that it does/does not comply with our Comprehensive
en because:
Fil- We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
.1)) 6ct ja- i1- I I
GLAl J.C22 -II
- .i e-r / t L
• Signature Date 1 I i 2-' ° (
Agency I)V-I 2012-0120 EXHIBIT
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)
user/stoat
MEMORANDUM
1661 2011 ,
• TO: Kim Ogle, Planning Services G
DATE: October 26, 2011
FROM: Donald Carroll, Engineering Administrator It's'
W E L O N T Y Public Works Department
SUBJECT: USR11-0020, Miller Family Investments (Lone Tree Pit)
The Weld County Public Works Department reviewed the submitted application for critical items, including but
not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood
Hazard Development Permit. Comments made during this stage of the review process will not be all inclusive;
as revised materials are submitted other concerns or issues may arise. All issues of concern and critical
issues during further review must be resolved with the Public Works Department.
COMMENTS:
CR 37 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line.
CR 96 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line.
EQUIREMENTS:
lease add the following Development Standard to the plat:
1. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed.
Access:
The applicant needs to submit a new Access Permit Application Form. The applicant needs to supply
appropriate access photographs (from the left, right, and into the access) and required fees (if necessary) as
part of the Access Permit.
Show the approved access on the plat and label it with the approved access permit number (AP#). This will be
provided when a revised application form is received.
Improvements Agreement:
The applicant has submitted a Traffic Narrative for their facility in the application package. There will be
approximately 50 vehicles per day to the mine site. The applicant should be aware that vehicles in excess of
that provided in the application package may trigger additional offsite improvements.
The applicant shall to enter into an Improvements Agreement and post collateral for all on-site and off-site
improvements. The proposed haul route is CR 37 south to CR 94, then CR 94 east to CR 39, then CR 39
south to CR 90. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes
e alternate haul routes, the County will determine the proportionate share of dust control and/or paving costs to
paid by the applicant based upon then current truck trip counts that identify traffic loading due to applicant
Page 1 of 2
M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0020 Lone Tree Pit USR11-0020.docx
sourced traffic. The amount and extent of dust control and/or paving measures will be determined by site-
specific conditions at the time, as determined exclusively by County personnel.
(preliminary Drainage Report:
The applicant has provided a drainage narrative indicating how offsite stormwater will be handled. The
applicant has indicated that Lone Tree Creek will not be diverted from its natural course. If the creek is to be
mined through, the creek should be re-constructed in the location shown on the USR mining plan. In order to
prevent damage to the CR 37 barrow ditches and CR37, the applicant should be aware that the drainage
cannot be diverted into the CR 37 barrow ditches without the written consent of the Department of Public
Works.
Please add the following Development Standards to the plat:
1. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off.
2. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices.
3. Weld County will not maintain on-site drainage related areas or medians. This must be addressed by
the homeowner's association or owner.
Flood Hazard Development Standards:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA). Lone Tree Creek Flows through the proposed mining operation, but it has not
been mapped at this location.
iirading Permit:
rior to the start of construction, a grading permit will be required if the area to be disturbed for a scale house
is greater than 1 acre. The grading permit application will need to include the sediment and erosion control
plan, typical installation details of all BMPs to be used on the site, typical maintenance notes, typical
installation notes, and a copy of the CDPHE approved stormwater construction permit.
•
Page 2 of 2
M:\PLANNING-DEVELOPMENT REVIEW\-2011 Planning Referrals\USR11\USR11-0020 Lone Tree Pit\USR11-0020.docx
• retz.
MEMORANDUM
TO: KIM OGLE, PLANNING SERVICES
C. ENVIRONMENTAL
SUB ECT: USR11-002 MILLER FAMILY INVESTMENTS
COLORADO DATE: 11/6/2011
Environmental Health Services has reviewed this proposal for a mineral resource
development facility including open pit mining, processing and a scale house.
The application states that portable toilets will be utilized but does not indicate how
potable water will be supplied. As this operation is not temporary (6 months or less), an
individual sewage disposal system and a permanent water source is required. A vault
would be allowed as a sewage disposal system.
Noise will be restricted to the level allowed in the industrial zone district, which is 80
• dba. In addition, berms, conveyors and shroud covers could be installed to limit noise
impacts.
A dust abatement was submitted which indicates application of water and adherence to
requirements of the air emissions permit. Reducing vehicle speeds, covering loaded
haul trucks and placing processing equipment at the bottom of the pit can also be
utilized to control dust. The application states that water is available from a construction
tap supplied by North Weld County Water District for dust control.
A waste handling plan was submitted that states a dumpster will be provided but the
plan did not include the name, address and phone number of the waste removal
company.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. 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 Health and Environment.
•
2. Submit documentation to Environmental Health Services, Weld County
Department of Public Health & Environment indicating that a permanent water
source is available for sanitary uses.
3. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. The plan shall include at a minimum, the following:
The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
We recommend that the following requirement be incorporated into the permit as a
condition that must be met prior to the issuance of the Certificate of Occupancy for the
scale house:
1. An individual sewage disposal system is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and ,
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. 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, 30-20-100.5, C.R.S.,
as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions.
4. The applicant shall operate in accordance with the approved "waste handling
plan", at all times.
5. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
6. Any vehicle washing areas shall capture all effluent and prevent discharges from
2
• drum washing and the washing of vehicles in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility at all times.
10.Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
11.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, at all times.
12.Portable toilets may be utilized on sites that are temporary locations of the
working face.
. 13.Bottled water shall be provided to employees at the temporary locations of the
working face.
14.The applicant shall remove, handle, and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
15.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). All
chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations.
16.The applicant shall obtain a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPH&E),
Water Quality Control Division for any proposed discharge into State Waterways,
as applicable.
17.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety. (DRMS)
18.The operation shall comply with the Mine Safety and Health Act. (MSHA)
S
3
19. The operation shall comply with the Occupational Safety and Health Act. ,
(OSHA)
20.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
I
4
Submit by Email
Weld County Referral
' October 4, 2011
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant: Miller Family Investments Case Number: USR11-0020
Please Reply By: November 1, 2011 Planner: Kim Ogle
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL
RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING (SANDS,
GRAVELS AND STONES)AND MATERIALS PROCESSING IN THE A(AGRICULTURAL)ZONE
DISTRICT
Location: LOCATED APPROXIMATELY 3.5 MILES NORTHEAST OF PIERECE COLORADO IN THE
NE4 SECTION 12, T8N, R66W
MORE SPECIFICALLY DECIRBED AS SOUTH OF AND ADJACENT TO CR 96 AND WEST OF AND
ADJACENT TO CR 37
Parcel Number: 055312000009-R0631986 Legal: E740' NE4 12-8-66 of the 6th P.M., Weld County,
Colorado.
• The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
nWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: The Division of Reclamation, Mining and Safety(Division)approved the 112c Reclamation Permit for the Lone
Tree Pit, File No. M-2010-047,on September 17,2010. The Applicant failed to submit a Performance Warranty
and Financial Warranty within one calendar year of the approval date.As a result,the Division has not issued a
Reclamation Permit for this site.The Mined Land Reclamation Board (Board)shall hold a hearing, in accordance
with the notification and comment provisions of Rule 1.6,to reconsider the previous approval. If the Board affirms
the original approval,the Board shall establish a new deadline for submittal of the Financial and Performance
Warranties. If the required Warranties are not posted by the date set by the Board,the application shall be
denied. Prior to scheduling this matter before the Board,the Applicant will be required to initiate the Public Notice
Procedures outlined in Construction Materials Rule 1.6(copy enclosed)by October 27, 2011. Please see the
attached letter for additional information.
• Signature Michael A. Cunningham Date 10/4/2011
Division of Reclamation, Mining and Safety
Agency
Weld County Planning Dept, 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
STATE OF COLORADO
4DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
• 1313 Sherman 5t.,Room 215
Denver,Colorado 80203 COLORADO
DIVISIONOF
Phone:(303)866-3567
RECLAMATION
FAX:1303)832-8106 MINING
SAFETY
John W.Hickenlooper
September 27, 2011 Governor
Mike King
M . Brady Miller Executive Director
Alter Family Investments, LLC Loretta E.Pined@
10614 Hwy 66 Director
Platteville, CO 80651
✓ .4/
RE: Lone Tree Pit; DRMS File No. M-2010-047; Notice of Past Due Financial Warranty
Dear Mr. Miller,
On September 17, 2010, the Division of Reclamation, Mining and Safety (Division) approved your
112c mining permit application. The amount of financial warranty set by the Division for this
operation is $50,100.00. As of the date of this letter, our records indicate that you have not posted
the required Financial Warranty or Performance Warranty.
• Pursuant to Construction Materials Rule 4.1(2), if warranties are not received within one calendar
year of approval of an application for any new permit, the Mined Land Reclamation Board (Board)
shall hold a hearing, in accordance with the notification and comment provisions of Rule 1.6, to
reconsider the previous approval. If the Board affirms the original approval, the Board shall
establish a new deadline for submittal of the Financial and Performance Warranties. If the required
Warranties are not posted by the date set by the Board, the application shall be denied.
Prior to scheduling this matter before the Board, the Applicant will be required to initiate the Public
Notice Procedures outlined in Construction Materials Rule 1.6 (copy enclosed) by October 27,
2011. The Applicant shall place a copy of the application, all required exhibits and adequacy review
responses with the County Clerk or Recorder. Notice of the Application, on a form approved by the
Board (copies enclosed), must be sent to the local Board of County Commissioners and the Board
of Supervisors of the Soil Conservation District. In addition, the Applicant shall post notices
(sample notice enclosed) at the mine site and publish a public notice (sample notice enclosed) in a
newspaper of general circulation in the locality of the proposed mining operation. The public notice
shall be published four times, once a week for four consecutive weeks. Immediately after the first
publication, a copy of the notice shall be sent to all Owners of Record of the surface and mineral
rights of the affected land and the Owners of Record of all land surface within 200 feet of the
boundary of the affected lands. Once the Applicant has provided the Division with proof that all
required public notices have been sent, the Division will schedule this matter before the Board.
•
macs -frak bJc
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
Mr. Miller
Page 2
September 27, 2011
If you have any questions,you may contact me at(303)866-3567 x8116.
Sincerely,
/
Michael A. Cunningham
Environmental Protection Specialist
Enclosures: (5)
CC: Tom Kaldenbach,DRMS
Barbara Coria. DRMS
Submit by Email
II Weld County Referral
WIlD October 4, 2011
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant: Miller Family Investments Case Number: USR11-0020
Please Reply By: November 1, 2011 Planner: Kim Ogle
Project:A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL
RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING (SANDS,
GRAVELS AND STONES)AND MATERIALS PROCESSING IN THE A (AGRICULTURAL)ZONE
DISTRICT
Location: LOCATED APPROXIMATELY 3.5 MILES NORTHEAST OF PIERECE COLORADO IN THE
NE4 SECTION 12, T8N, R66W
MORE SPECIFICALLY DECIRBED AS SOUTH OF AND ADJACENT TO CR 96 AND WEST OF AND
ADJACENT TO CR 37
Parcel Number: 055312000009-R0631986 Legal: E740'NE4 12-8-66 of the 6th P.M.,Weld County,
Colorado.
• The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
• Signature Troy Florian Date 10-7-11
Agency CPAW
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
COLORADO PARKS AND WILDLIFE
317 W Prospect. Ft. Collins, Colorado 80526
Phone (970)472-4300 • FAX (970)472-4458
• G�� dO wildlife.state.co.us • parks.state.co.us '
b
44)1'
Colorado State Parks
�kaF
October 7, 2011
Kim Ogle-Planner Miller Family Investments-Applicant
Weld County Planning Services 10614 Hwy 66, Platteville CO 80631
1555 N 17th Ave, Greeley,CO 80631
RE:A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility including open pit gravel mining(sands,gravels and stones)and materials
processing in the A(Agricultural)Zone District. File No. USR 11-0020
Dear Madam/Sirs:
The Colorado Parks and Wildlife (CPAW) has reviewed the permit application for the above-
referenced gravel mining located within Section 12, Township 8N and Range 66W of the 6th P.M.,
near the town of Nunn, Weld County, Colorado. This location is South of and adjacent to CR 96
and west of and adjacent to CR 37.
The land where the development is proposed is used primarily for dry land farming, and is used by
• wildlife species typically found within short-grass prairie ecosystems
Where applicable, CPAW encourages operators to follow below wildlife related
recommendations. If you have questions, please contact District Wildlife Manager Troy Florian at
(970) 443-1993. We look forward to working with you for the benefit of wildlife.
If this parcel is developed for gravel mining purposes, CPAW recommends:
• Pre-construction surveys for terrestrial and aquatic species of wildlife and vegetation be
implemented to provide a baseline knowledge of existing species on this particular parcel,
including threatened, endangered and species of concern. Surveys within this area
should include, at the very least, amphibian and fish (State listed and species of concern
were found during recent surveys upstream from this site), Brassy minnow, Johnny darter,
Iowa darter (species of concern), Burrowing Owl and other nesting raptors, mountain
Plover (species of concern and candidate species for listing),Swift Fox (species of
concern), Utes ladies-tress orchid, Colorado Butterfly plant (State and/or Federally listed).
• Initial construction, especially large-scale removal of topsoil, should occur between
September I and April Ito prevent the disturbance and/or destruction of nesting wildlife.
Nest clearance surveys for tree and ground nesting birds should be conducted if
groundbreaking construction cannot be sequenced outside of critical nesting periods.
• Noxious weed and re-vegetation management plans should be developed and
implemented in areas where there will be ground disturbance due to construction
activities. A dust abatement plan should be implemented to decrease the opportunity for
blowing sand and dust from adversely impacting plant communities on this and
STATE OF COLORADO
John W.Hickenlooper,Governor•Mike King,Executive Director,Department of Natural Resources
• Rick D.Cables,Director,Colorado Parks and Wildlife
Parks and Wildlife Commission:David R.Brougham•Gary Butterworth,Vice-Chair•Chds Castilian
Dorothea Farris•Tim Glenn,Chair• Allan Jones•Bill Kane•Gaspar Perricone •Jim Pribyl•John Singletary
Mark Smith,Secretary•Robert Streeter•Lenna Watson•Dean Wingfield
Ex Officio Members:Mike King and John Salazar
1
surrounding lands. The developer should incorporate a cell design where individual cells
are mined to completion and reclamation is initiated before opening additional mine cells
as a way to minimize habitat destruction, fugitive dust, impacts to hydrological stability
and speed recovery of the entire site.
• Any fences built are recommended to be three or four strand fencing with a bottom
strand height of 17 inches and a maximum top strand height of 42 inches, along with
installation of double stays between posts.
Pre-Construction surveys: This parcel consists primarily of dry-land agricultural fields with varying
degrees of topography and natural drainages. CPAW recommends that experienced field
biologists,such as the staff of the Colorado Natural Areas Program, perform wildlife and habitat
surveys to gain an understanding of what sensitive terrestrial and aquatic wildlife and plant
communities are located within this particular parcel.
Ground Breaking Construction: This type of landscape provides nesting habitat and contains a
large number of different small bird species. Most species of small birds on site are primarily ground
nesting birds,although some species nest in trees or bushes. Human activities around these nests
can have significant negative impacts. Because mining operations essentially remove all existing
above ground habitat structure on a potential large scale,and in order to minimize loss of nesting
success, it is recommended that all initial ground-breaking construction that takes place on the
proposed area occurs between September 1 and April 1. If groundbreaking construction is
absolutely unavoidable during critical nesting periods,we strongly encourage that nest surveys be
employed to document any raptor or small ground nesting bird nests that may be disturbed or
destroyed by construction activity.
Weed Management: Noxious weeds reduce property value and wildlife habitat quality. With new
construction taking place and machinery being transported from one site to another, it is
important to help prevent the spread of noxious weeds on site as well as onto adjacent private
lands. Equipment should be cleaned periodically to remove weed seeds even if no weeds are
recognized. It is recommended that listed noxious weeds be actively managed. A working weed
management and native vegetation reclamation plan should be developed and implemented
throughout construction and until all disturbed areas are properly and adequately re-vegetated to
prevent erosion,fugitive dust and invasion by noxious weeds. The applicant may want to contact
the Weld County Weed Inspector to facilitate development of reclamation and weed
management plans for the site.
Fencing: CPAW is concerned for the safety of the wildlife in the area if poorly designed fences are
erected. Improper fencing may exclude wildlife from essential habitat, as well as being dangerous
and even fatal to wildlife. Therefore,we recommend minimal fencing as needed to protect the
site and fulfill MSHA requirements. Fencing to be used within or around development sites,either
during or after mining processes,should be the type that would allow free passage of wildlife.
Fencing plans should avoid the use of woven wire type fences that will trap or prevent movement
of wildlife. CPAW recommends the use of three or four strand fencing with a bottom strand height
of 17 inches and a maximum top strand height of 42 inches, along with installation of double stays
between posts.
On behalf of the Colorado Parks and Wildlife, I would like to thank you for the opportunity to review
and comment on this proposal. If you or the applicant has questions, please feel free to call Troy
Florian at (970) 443-1993.
STATE OF COLORADO
John W.Hickenlooper,Governor•Mike King,Executive Director,Department of Natural Resources
Rick D.Cables,Director,Colorado Parks and Wildlife '
Parks and Wildlife Commission:David R.Brougham•Gary Butterworth,Vice-Chair•Chris Castilian
Dorothea Farris•Tim Glenn,Chair• Allan Jones•Bill Kane•Gaspar Perricone •Jim Pribyl•John Singletary
Mark Smith,Secretary•Robert Streeter•Lenna Watson•Dean Wingfield
Ex Officio Members:Mike King and John Salazar
COLORADO PARKS AND WILDLIFE
317 W Prospect• Ft. Collins, Colorado 80526
O1O1 Phone (970)472-4300 • FAX (970)472-4458
G��O wildlife.st472-4.us • parks.state.co.us
�, `� Colorado State Parks
October 7, 2011
Kim Ogle - Planner Miller Family Investments-Applicant
Weld County Planning Services 10614 Hwy 66, Platteville CO 80631
1555 N 17th Ave, Greeley, CO 80631
RE: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility including open pit gravel mining(sands, gravels and stones)and materials
processing in the A(Agricultural)Zone District. File No. USR 11-0020
Dear Madam/Sirs:
The Colorado Parks and Wildlife (CRAW) has reviewed the permit application for the above-
referenced gravel mining located within Section 12, Township 8N and Range 66W of the 6th P.M.,
near the town of Nunn, Weld County, Colorado. This location is South of and adjacent to CR 96
and west of and adjacent to CR 37.
The land where the development is proposed is used primarily for dry land farming, and is used by
• wildlife species typically found within short-grass prairie ecosystems
Where applicable, CRAW encourages operators to follow below wildlife related
recommendations. If you have questions, please contact District Wildlife Manager Troy Florian at
(970) 443-1993. We look forward to working with you for the benefit of wildlife.
If this parcel is developed for gravel mining purposes, CPAW recommends:
• Pre-construction surveys for terrestrial and aquatic species of wildlife and vegetation be
implemented to provide a baseline knowledge of existing species on this particular parcel,
including threatened, endangered and species of concern. Surveys within this area
should include, at the very least, amphibian and fish (State listed and species of concern
were found during recent surveys upstream from this site), Brassy minnow, Johnny darter,
Iowa darter (species of concern), Burrowing Owl and other nesting raptors, Mountain
Plover (species of concern and candidate species for listing), Swift Fox (species of
concern), Utes ladies-tress orchid, Colorado Butterfly plant (State and/or Federally listed).
• Initial construction, especially large-scale removal of topsoil, should occur between
September 1 and April 1 to prevent the disturbance and/or destruction of nesting wildlife.
Nest clearance surveys for tree and ground nesting birds should be conducted if
groundbreaking construction cannot be sequenced outside of critical nesting periods.
• Noxious weed and re-vegetation management plans should be developed and
implemented in areas where there will be ground disturbance due to construction
activities. A dust abatement plan should be implemented to decrease the opportunity for
blowing sand and dust from adversely impacting plant communities on this and
STATE OF COLORADO
•
John W.Hickenlooper,Governor•Mike King,Executive Director,Department of Natural Resources
Rick D.Cables,Director,Colorado Parks and Wildlife
Parks and Wildlife Commission: David R.Brougham•Gary Butterworth,Vice-Chair•Chris Castilian
Dorothea Farris•Tim Glenn,Chair• Allan Jones•Bill Kane•Gaspar Penicone •Jim Pribyl•John Singletary
Mark Smith,Secretary•Robert Streeter•Lenna Watson•Dean Wingfield
Ex Officio Members:Mike King and John Salazar
• surrounding lands. The developer should incorporate a cell design where individual cells
are mined to completion and reclamation is initiated before opening additional mine cells
as a way to minimize habitat destruction, fugitive dust, impacts to hydrological stability
and speed recovery of the entire site.
• Any fences built are recommended to be three or four strand fencing with a bottom
strand height of 17 inches and a maximum top strand height of 42 inches, along with
installation of double stays between posts.
Pre-Construction surveys: This parcel consists primarily of dry-land agricultural fields with varying
degrees of topography and natural drainages. CPAW recommends that experienced field
biologists, such as the staff of the Colorado Natural Areas Program, perform wildlife and habitat
surveys to gain an understanding of what sensitive terrestrial and aquatic wildlife and plant
communities are located within this particular parcel.
Ground Breaking Construction: This type of landscape provides nesting habitat and contains a
large number of different small bird species. Most species of small birds on site are primarily ground
nesting birds, although some species nest in trees or bushes. Human activities around these nests
can have significant negative impacts. Because mining operations essentially remove all existing
above ground habitat structure on a potential large scale, and in order to minimize loss of nesting
success, it is recommended that all initial ground-breaking construction that takes place on the
proposed area occurs between September 1 and April 1. If groundbreaking construction is
absolutely unavoidable during critical nesting periods,we strongly encourage that nest surveys be
employed to document any raptor or small ground nesting bird nests that may be disturbed or
destroyed by construction activity.
• Weed Management: Noxious weeds reduce property value and wildlife habitat quality. With new
construction taking place and machinery being transported from one site to another, it is
important to help prevent the spread of noxious weeds on site as well as onto adjacent private
lands. Equipment should be cleaned periodically to remove weed seeds even if no weeds are
recognized. It is recommended that listed noxious weeds be actively managed. A working weed
management and native vegetation reclamation plan should be developed and implemented
throughout construction and until all disturbed areas are properly and adequately re-vegetated to
prevent erosion, fugitive dust and invasion by noxious weeds. The applicant may want to contact
the Weld County Weed Inspector to facilitate development of reclamation and weed
management plans for the site.
Fencing: CPAW is concerned for the safety of the wildlife in the area if poorly designed fences are
erected. Improper fencing may exclude wildlife from essential habitat, as well as being dangerous
and even fatal to wildlife. Therefore,we recommend minimal fencing as needed to protect the
site and fulfill MSHA requirements. Fencing to be used within or around development sites, either
during or after mining processes,should be the type that would allow free passage of wildlife.
Fencing plans should avoid the use of woven wire type fences that will trap or prevent movement
of wildlife. CPAW recommends the use of three or four strand fencing with a bottom strand height
of 17 inches and a maximum top strand height of 42 inches, along with installation of double stays
between posts.
On behalf of the Colorado Parks and Wildlife, I would like to thank you for the opportunity to review
and comment on this proposal. If you or the applicant has questions, please feel free to call Troy
Florian at (970) 443-1993.
STATE OF COLORADO
• John W.Hickenlooper,Governor•Mike King, Executive Director,Department of Natural Resources
Rick D.Cables,Director,Colorado Parks and Wildlife
Parks and Wildlife Commission:David R.Brougham•Gary Butterworth,Vice-Chair•Chris Castilian
Dorothea Farris•Tim Glenn,Chair• Allan Jones•Bill Kane•Gaspar Penicone •Jim Pribyl•John Singletary
Mark Smith,Secretary•Robert Streeter•Lenna Watson•Dean Wingfield
Ex Officio Members:Mike King and John Salazar
•
Sincerely,
Mark Leslie
Area Wildlife Manager
cc: S Yamashita, K. Green, C. Greenman, T. Florian, file
I
STATE OF COLORADO
• John W. Hickenlooper,Governor•Mike King,Executive Director,Department of Natural Resources
Rick D.Cables,Director,Colorado Parks and Wildlife
Parks and Wildlife Commission: David R.Brougham•Gary Butterworth,Vice-Chair•Chris Castilian
Dorothea Farris•Tim Glenn,Chair• Allan Jones•Bill Kane•Gaspar Perricone •Jim Pribyl•John Singletary
Mark Smith,Secretary•Robert Streeter•Lenna Watson•Dean Wingfield
Ex Officio Members:Mike King and John Salazar
Submit by Emaprea
•
Weld County Referral
III'Dc October 4, 2011
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant: Miller Family Investments Case Number: USR11-0020
Please Reply By: November 1, 2011 Planner: Kim Ogle
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL
RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING (SANDS,
GRAVELS AND STONES)AND MATERIALS PROCESSING IN THE A(AGRICULTURAL)ZONE
DISTRICT
Location: LOCATED APPROXIMATELY 3.5 MILES NORTHEAST OF PIERECE COLORADO IN THE
NE4 SECTION 12,TBN, R66W
MORE SPECIFICALLY DECIRBED AS SOUTH OF AND ADJACENT TO CR 96 AND WEST OF AND
ADJACENT TO CR 37
Parcel Number: 055312000009-R0631986 Legal: E740' NE4 12-8-66 of the 6th P.M., Weld County,
Colorado.
• The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
D We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
v See attached letter.
Comments:
• ./ Date 10/13/2011
Signature �l<a .c = ��ri��
Division of Water Resources
Agency
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
CO�� DEPARTMENT OF NATURAL RESOURCES
*� o' DIVISION OF WATER RESOURCES
• * ��`" * John W.Hickenlooper
8j October 13, 2011 Governor
Mike King
Executive Director
Kim Ogle RECEIVED Dick Wolfe,E.E.
Weld County Planning Dept. Director/State Engineer
1555 N 17th Ave
Greeley CO 80631 OCT 1 A 2011
Weld Gci.I., g Department
Re: Lone Tree Pit GREELEY OFFICE
Case No. USR11-0020
NEY Section 12, T8N, R66W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Ogle:
We have reviewed the above referenced land use application for a mineral resource
development facility on a 40-acre parcel. The submitted material does not appear to qualify as a
"subdivision" as defined in § 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's
March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only
perform a cursory review of the referral information and provide comments. The comments will not
address the adequacy of the water supply plan for this property or the ability of the water supply plan
to satisfy any County regulations or requirements.
• The site is known as the Lone Tree Pit and will be operated under DRMS permit no. M-2010-
047. The operations are not anticipated to intercept ground water; therefore exposure of ground
water must not occur at the site during or after mining operations. The mining operations will create
shallow pools or depressions at the site. Any storm water retained in these depressions must
infiltrate into the ground or be released to the natural stream system within 72 hours; otherwise a
substitute water supply plan or augmentation plan approved by water court must be obtained.
Water to be used for dust suppression will come from a construction tap located in the town
of Pierce, approximately 3.5 miles from the site. Water may also be necessary for the establishment
of vegetation at the site during reclamation. Such water would be trucked to the site and would be
obtained from a hydrant within the town of Pierce and purchased from the North Weld County Water
District.
Subject to the considerations above, this office has no objection to the proposed mineral
resource development facility. Should you or the applicant have any questions, please contact
Sarah Brucker of this office.
Sincerely, 'ai;
oa a Williams, P.E.
Water Resource Engineer
• Cc: Division 1 Office
JW/srb: USR2011-0020
Office of the State Engineer
1313 Sherman Street, Suite 818 •Denver, CO 80203• Phone:303-866-3581 •Fax:303-866-3589
www.water.state.co.us
Kristine Ranslem
erom: McKee,Terry A NWO[Terry.A.McKee@usace.army.mil]
Sent: Thursday, November 17, 2011 8:09 AM
To: Kristine Ranslem
Subject: RE: USR11-0020 PC &BOCC Hearing Dates (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Kristine,
If any work requires the discharge of dredged or fill material, and any
excavation associated with a dredged or fill project, either temporary or
permanent in an aquatic site, which may include ephemeral and perennial
streams, wetlands, lakes, ponds, drainage ditches and irrigation ditches,
this office should be notified by a proponent of the project for Department
of the Army permits, changes in permit requirements or jurisdictional
determinations pursuant to Section 404 of the Clean Water Act.
Work in an aquatic site should be identified by the proponent of the project
and be shown on a map identifying the Quarter Section, Township, Range and
County or Latitude and Longitude, Decimal Degrees (datum NAD 83) and the
dimensions of work in each aquatic site. Any loss of an aquatic site may
require mitigation. Mitigation requirements will be determined during the
Department of the Army permitting review.
"limy questions call:
Mr. Terry McKee
U.S. Army Corps of Engineers
Denver Regulatory Office
9307 South Wadsworth Boulevard
Littleton, CO 80128
(303)979-4120
Original Message
From: Kristine Ranslem imailto:kranslem@co.weld.co.usi
Sent: Wednesday, November 16, 2011 3:28 PM
To: Wendell Heyen; Frank Piacentino; Bethany Salzman; Lauren Light; Mary
Evett; Donald Carroll; Heidi Hansen; Steven Reams; Billings, Sandra;
troy. florianPstate.co.us; michael.cunninghamPstate.co.us;
canna.williamsri@ilstate co.u ; McKee, Terry A NWO; townofnun4)ezlink.corn; Pat
Larson; nunnfirePezlink.com; rring(alweldre9.kl2.co.us; Joyce Wallace
Subject: USR11-0020 PC & BOCC Hearing Dates
Please see the attached letter which lists the hearing dates for the Planning
Commission and the Board of County Commissioners.
illiristine Ranslem
lanning Technician
Weld County Planning Services
1
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