HomeMy WebLinkAbout20120116 INVENTORY OF ITEMS FOR CONSIDERATION
• AppLCcawt LONE TREE MINE. case Nvvuber USR11-0020
subruitted or Prepared
PrLor to At
Heariv<g Fteari.wg
i staffcoruntects X
nepartw,.evvt of PLavtrr.Cwg services Field check. Forst.
Praysvavte covurinissiovter FLerd check.Forw&. it) Itef
Letter to AppLLcact
Afftdcvtofsigwpost t
Legal NotLftcatiows
2 AppLLcatLow X
Maps
peed/ Easerwewt certificate
surrourudL to Propertu� /Miweral OWcevs
ells
• N" 3 Referral List X
V Referrals without corwvuewt X
Weld County Code Compliance, referral dated October 4, 2011
Weld County School District, RE-9 referral dated October 4, 2011 - r J t3 p,
Town of Pierce Planning, referral dated October 4, 2011
4 Referrals with cow&vuewts X
NN, State of Colorado Division of Reclamation and Mine Safety referral dated
October 4, 2011
State of Colorado, Division of Parks and Wildlife, referral dated October 7,
2011
State of Colorado Division of Water Resources, referral dated October 13,
2011
Weld County Department of Public Works, referral dated October 26,2011
Weld Couu,nty Department of Public Health and Environment, referral dated
November$, 2011
ors IA -
• 57
2012-0116
hereb j certLfu that the 4 items LdewtL fled hereLh.were subwiLtted to the r epartvwewt of PLawvuwg
strikes at orprLorto the seheduLed PLavw Lvu0 eowvwuss[owers hearUw .
• darwedby.d0 WELD,
O,ao.e.-wad catty.
ogre
Kivu.ogLe ❑ PLavLwer
•
•
•
VIiDc LAND
ON
SUMMARYS SHEET
COLORADO
Case Number: USR11-0020 Hearing Date: December 6, 2011
Applicant: Miller Family Investments, do Brady Miller
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development including Open Pit Mining and Materials Processing
(sand, gravel and stone), in the A(Agricultural)Zone District
Legal Description: Part of NE4 Section 12, T8N, R66W of the 6'h P.M Weld County, Colorado
Location: West of and adjacent to County Road 37, South of and adjacent to County Road
96
Size of Parcel: +1-40.02 +/-acres, To be Mined: 30.66 +/-Acres
Parcel Number: 0553-12-0-00-009
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
• The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
o State of Colorado Division of Reclamation and Mine Safety referral dated October 4, 2011
o State of Colorado, Division of Parks and Wildlife, referral dated October 7, 2011
o State of Colorado Division of Water Resources, referral dated October 13, 2011
o Weld County Department of Public Works, referral dated October 26, 2011
o Weld County Department of Public Health and Environment, referral dated November 3, 2011
The Department of Planning Services' staff received responses without comment from the following
agencies:
o Weld County Code Compliance, referral dated October 4, 2011
o Weld County School District, RE-9 referral dated October 4, 2011
o Town of Pierce Planning, referral dated October 4, 2011
The Department of Planning Services' staff has not received responses from the following agencies:
o West Greeley Soil Conservation District
o Weld County Sheriffs Office
o Weld County Department of Building Inspection
o Nunn Fire Protection District EXHIBIT
o Town of Nunn
• Use 1I-boao
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 1
• 6 SPECIAL REVIEW PERMIT
r ' ADMINISTRATIVE REVIEW
'live
COLORADO
Planner: Kim Ogle
Case Number: USR11-0020 Hearing Date: December 6, 2011
Applicant: Miller Family Investments, c/o Brady Miller
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development including Open Pit Mining and Materials Processing
(sand, gravel and stone), in the A(Agricultural) Zone District
Legal Description: Part of NE4 Section 12, TBN, R66W of the 6'" P.M Weld County, Colorado
Location: West of and adjacent to County Road 37, South of and adjacent to County Road
96
Size of Parcel: +/-40.02 +/-acres, To be Mined: 30.66 +/-Acres
• Parcel Number: 0553-12-0-00-009
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
The applicant, Miller Family Investments, owns this 40 acre parcel which they intend to extract
the mineral resource. Of this total permit area, approximately 8.74 acres has historically been
mined for road base. This old disturbance was before state permitting requirements and was
never permitted. The proposal includes a crushing facility utilizing existing material to be
crushed, stockpiled and dispersed by truck to job sites. There will be no concrete or asphalt
batch plant at this location.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources." According to the Weld County Sand, Gravel Resources map
dated July 1, 1975, is classified as VI (Water deposited gravel, sand, silt and clay along
present stream coarses, and the material is predominately gravel that is clean and
• sound). The application materials indicate that the applicant, Miller Family Investments
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 2
• has applied for a Special 112 Construction Materials permit for the Lone Tree Pit, M-
2010-047 from the Colorado Division of Reclamation and Mining Safety. . The estimated
thickness of gravel-bearing zones varies from between 8 and 20 feet in depth over the
entire site, with the overburden layer between 0-3 feet in depth. The material will be
transported to the gravel processing area, crushed, screened and stockpiled until such
time as the material is sold and trucked from the site.
Section 22-5-80.8 (CM.Goal 3) states, "Minimize the impacts of surface mining activities
on surrounding land uses, roads and highways."
The applicant submitted a Landscape(seeding) Plan that specifically addresses wind and
water erosion of disturbed areas and wind erosion of stockpiled materials. Further, the
applicant shall demonstrate that the impacts to County Road 37 and adjacent haul route
roads from these mine related activities will have minimal impact to the road to the
traveling public. The application materials indicate that Drainage and Erosion control
plans are in place to control run-off from the processing area. Dust control will be
accomplished by utilizing a water truck, with water obtain from a construction tap from
North Weld County Water District located in the Town of Pierce and transported to the
site as needed. Further, the applicant has indicated that a Storm Water Management
Plan (SWMP) and Best Management Practices (BMP) Plan are in place along with the
erosion control methods to be used at the mining site.
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."
CM.Policy 4.1.5. Require, where possible, that batch plants and processing equipment be
buffered from adjacent uses.
•
Sand and gravel processing equipment and material stockpiles will be located in the
middle of the site utilizing an existing access that has been upgraded for mining
operations. The processing area is approximately 5 feet below the existing County Road
37 elevation.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development including Open Pit Mining and Materials Processing (sand, gravel and
stone), in the A(Agricultural)Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The site is currently utilized as non-irrigated pastureland and is surrounded by pasture
and or farmland to the south, west and east and to the North is the North Pierce Gravel
Mine, permitted by Weld County (USR-1716) The nearest residence is located
approximately 2400 feet to the North of the proposed mine location.
The application materials indicate that concurrent reclamation consists of re-grading and
placement of topsoil materials. Reseeding will be done with native drought tolerant grass
seed mixes. Access is from County Road 37 an existing graded gravel road maintained
by Weld County through a double cattle guard at the gate entrance and into the site.
D. Section 23-2-220.A.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
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 3
• 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.
This mining location is not within the urban growth boundary area and 3-mile referral area
for any municipality. The nearest municipality is the Town of Pierce which is
approximately 3.5 miles southwest of the proposed Lone Tree mine site.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code.
The proposed facility does not lie in a FEMA designated floodplain or floodway. The
Lone Tree Creek channel, is an ephemeral stream that is typically dry all year, flowing
only after larger rainstorms, bisects the site. A FIRM Community Panel Map does not
map this location, therefore, a Flood Hazard Development Permit will not be required.
Building Permits issued will be required for all on-site electrical facilities and associated
equipment.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The subject site is primarily classified "Other Lands" as delineated on the Important
Farmlands of Weld County map, dated 1979. Section 22-5-80A.1.CM.Policy 1.1. states
"Access to future mineral resource development areas should be considered in all land
use decisions in accordance with state law. No County governmental authority which has
control over zoning shall, by zoning, rezoning, granting a variance or other official action
or inaction, permit the use of any area known to contain a commercial mineral deposit in
•
a manner which would interfere with the present or future extraction of such deposit by an
extractor."
G. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and
County.
H. Section 23-4-250 -- Additional requirements for Open-mining have been addressed
through this application and the Development Standards will ensure compliance with
Section 23-4-250 Weld County Code.
The Department of Planning Services recommends that the following conditions of approval and
development standards be attached:
1. Prior to recording the plat:
A. The applicant shall submit written evidence from the Division of Reclamation, Mining and
Safety Division that the applicant has submitted a Performance Warranty and Financial
Warranty for the Lone Tree Pit and that the Reclamation Permit for the mine is accepted
(DRMS)
B. The applicant shall submit a detailed signage plan to the Department of Planning
Services in compliance with the Weld County Code. (Department of Planning Services)
•
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 4
• C. The applicant shall attempt to address the concerns of the Colorado Parks Wildlife
(CPAW) as indicated in their referral dated October 7, 2011. Evidence of such must be
submitted to the Department of Planning Services. (CPAW)
D. The applicant shall address the requirements (concerns) of the Department of Public
Works, as stated in their referral response dated October 26, 2011. (Department of
Planning Services)
E. 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:
1. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
F. 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, if applicable. (Department of Public Health and
Environment)
G. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
A copy of the permit application shall be submitted to the Environmental Health Services,
Weld County Department of Public Health & Environment. Alternately, the applicant can
• provide evidence that they are not subject to this requirement. Evidence of approval shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
H. The applicant shall submit documentation to the Environmental Health Services Division
of the Weld County Department of Public Health & Environment indicating that a
permanent water source is available for sanitary uses. Evidence of such shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
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 County Road 37 south to
CR 94, then County Road 94 east to County Road 39, then County Road 39 south to
County Road 90. In the event that haul truck traffic, in excess of 15% of the daily facility
truck trips, utilizes alternate haul routes, the County will determine the proportionate
share of dust control and/or paving costs to be paid by the applicant based upon then
current truck trip counts that identify traffic loading due to applicant-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.
(Department of Public Works)
J. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR11-0020. (Department of Planning
Services)
2. The location and size of any on-site signs. (Department of Planning Services)
• 3. The approved Landscape Plan. (Department of Planning Services)
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 5
• 4. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of
Planning Services)
5. Oil and Gas encumbrances including gathering lines with appropriate setbacks
shall be delineated on the plat. (Department of Planning Services)
6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened
from adjacent public rights-of-way and all adjacent properties. These areas shall
be designed and used in a manner that will prevent wind or animal scattered
trash. (Department of Planning Services)
7. A tracking control device is required to prevent the tracking of mud onto the
county road. The tracking control device should be a double cattle guard or the
equivalent. (Department of Public Works)
8. A 60 foot radius is required on all accesses to public roads for accesses
designed to accommodate truck traffic. {A minimum effective turning radius of
sixty (60) feet shall be used for accesses intended to accommodate truck traffic.
(Weld County Codification Ordinance 2000-1)} Section 8-2-40 B. Road access
design standards. (Department of Public Works)
9. County Roads 96 and 37 are designated on the Weld County Road Classification
Plan as local gravel roads, which require 60 feet of right-of-way at full build out.
• The applicant shall verify and delineate on the plat 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. These roads are maintained by Weld County. (Department of Public
Works)
2. Prior to operations commencing:
A. An individual sewage disposal system is required and shall be installed according to the
Weld County Individual Sewage Disposal Regulations. Evidence of such shall be
provided to the Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
B. Prior 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. (Department of Public
Works)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
• be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 6
• the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
5. The applicant shall be responsible for the attached Development Standards for the Special
Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The
completed plat shall be delivered to the Weld County Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by
the Board of County Commissioners. (Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
•
•
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Miller Family Investments
do Brady Miller
USR11-0020
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development including Open Pit Mining and Materials Processing (sand, gravel and stone), in the
A (Agricultural) Zone District subject to the Development Standards stated hereon. (Department
of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. 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. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
5. 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.
(Department of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
8. Any vehicle washing areas shall capture all effluent and prevent discharges from 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. (Department of Public Health
and Environment)
9. 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. (Department of
Public Health and Environment)
10. 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. (Department of Public Health and
Environment)
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility at all times. (Department of Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld County
• Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 8
• 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at all
times. (Department of Public Health and Environment)
14. Portable toilets may be utilized on sites that are temporary locations of the working face.
(Department of Public Health and Environment)
15. Bottled water shall be provided to employees at the temporary locations of the working face.
(Department of Public Health and Environment)
16. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the
facility area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
17. 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. (Department of
Public Health and Environment)
18. 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. (Department of Public
Health and Environment)
19. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (DRMS) (Department of Public Health and Environment)
• 20. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Public
Health and Environment)
21. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of
Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
23. The hours of operation for sand and gravel operations are limited to the hours of day light except
in the case of public or private emergency or to make necessary repairs to equipment. Mining and
hauling hours shall occur between the hours of 6:00 AM to 4:30 PM during summer months and
between the hours of Hours of 7:00 AM to 3:30 PM during winter months. Operation may be
extended with specific permission from the Weld County Board of County Commissioners. This
restriction shall not apply to operation of administrative and executive offices or repair and
maintenance facilities located on the property. (Department of Planning Services)
24. The number of employees on-site at one time shall not exceed fifteen (15). (Department of
Planning Services)
25. Existing vegetative cover along public roads 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. (Department of Planning Services)
26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Department of Planning Services)
• 27. 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. (Department of Planning Services)
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 9
• 28. 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. (Department of Public Works)
29. The site must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
30. 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. (Department of Public Works)
31. 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 County Road 37 barrow ditches and County
Road 37, the applicant should be aware that the drainage cannot be diverted into the County
Road 37 barrow ditches without the written consent of the Department of Public Works.
(Department of Public Works)
32. 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. (Department of Public Works)
33. A 60 foot radius is required on all accesses to public roads for accesses designed to
• accommodate truck traffic. (Department of Planning Services)
34. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
35. A building permit application must be completed for all electrical work conducted on site. A
building permit must be issued prior to the start of construction. (Department of Building
Inspection)
36. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code. (Department of Planning Services).
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 10
37. The property owner or operator shall be responsible for complying with the Operation
• Standards of Section 23-2-250 of the Weld County Code. (Department of Planning
Services).
38. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code. (Department of Planning Services).
39. Necessary personnel from 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 comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations. (Department of Planning Services).
40. The 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. (Department
of Planning Services).
41. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced 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 Use by Special Review. If the 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. (Department of Planning
Services)
• 41. 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. (Department of Planning Services)
•
Lone Tree Mine—Miller Family Investments, USR11-0020 Page 12
triMtpuli %
• DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WIlDWEBSITE:
� 970) www.co.weld.co.us
100, Et. 354
E kogle@co.weld.co.us
E-MAIL:PHONE: (970) 353-61 o.0
9
FAX: (970) 304-6498
COLORADO
November 16, 2011
BEN LANGENFELD
11541 WARRINGTON COURT
PARKER, CO 80138
Subject: USR11-0020 - 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
On parcel(s)of land described as:
E740'NE4 SECTION 12, T8N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on December 6, 2011, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 11, 2012
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
• attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
nesdcountyplannuly -1aes.orlf
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine his dlom
Reason:lam the author of this document
Location:1555 N 17th Ave
Date:2011.11.16 15'15.32-07'00'
Kim Ogle
Planner
•
PLANNING COMMISSION AND BOARD OF COUNTY
• COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS NOVEMBER 25, 2011 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A MINERAL
RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING
(SAND, GRAVEL AND STONE), IN THE A (AGRICULTURAL) ZONE DISTRICT
KIM OGLE
Name of Person Posting Sign
• Signat re of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELDtn
)
The foregoing instrument was subscribed and sworn to me this, day of , 2011
WITNESS my hand and official seal.
),I «GAS,
•
►•-•
Not ublic to
cPj;
gT6-6 .... .\yUa:
My Commission Expires:
•
/
` , �.'—l. - a'. :• �• •Itir�w� r =.��Q (, - �1
i ts
/ i \ \ i _V: -,- ..
i 41/4 - 1.4PL
— nopuri ., , , r.. ,...:- - • , . • ' ' t....". .12-,' . c -:
1 ..r r 1
j — kit( - •
,� A a -.. _ :; :
t.
l� - - 3t'. ter►,. • . ` '. 1 ' ' • .... � _ '1,ffr‘,/,____ati ,,
i t Z ? 0
I"' r V . U W 6 m !Ir �
L
a) aJ M Y 1
ID
,,,,),
L
3 p o r �' VO1
. . -2 CO 03 .t°3 5 1 1 '�I
J. (0 `• 0 U L N w } N a _
N < F- O c
3 N V) 0 Q 0,) 3 _ 1 k / Q .� U
tEEa) y — ; c
Z �, v
I �.,
O 0 00Y ,
� `� co o a) o r W o r� ¢ , , . __
a U rn U § Z in I j d,. Q � ,� � 1 �
C .•J •
— C C M 2 N L 1. = Q N ` � •f< 1
k- > tit-t. _ ,
m � Uco � � �' ? t 1
� F. wo f
• Ca ,� L Q L. E o z Q >
r �., > _ . ,
� C@o � � � ' it 42 w w 1r „ .,
u " m DO c zct .O cc Z Ta A1/4„: ,II . /
Co 0 e 0 aid All i-- . .. _ ____.,-1/4
il
c0 v (f) N .� Z 1 Q e
0 V 0 J . `� 1
O 0 r. o a- v)
m a 7 co a o �� .' , y 1
do W Q 0 _ •
J'
k. 7 .. J :1
- �__
a ,�
�. / ti
i4...... . .,... ;1 te
.1 2; 1,17.4. i • 4. , . t til . , i .'`: i ,. .V j.!. \ I 'I fiSr(r, •
/ l�• , \- 1 .,i .`�!t t o •�•„i s ( �' a I1. ]�- . . • �i
k F . a r • I
. •. `' i .\...
„ � Y1 -701 .;,1, 4.11,4k • s• I, , An-fe o. 1, \ .\- jL \\
' r
Y ���1� ,� JOY �� / 1 i 1
1/6/2012
le
11.1
L F
_+.mot ' ��._—Fi TT -, N trLl
J .
- / -
, • i` •• — T c.) '12.f a.' i -
4 tr, J - 7 r-a r I - .
`.r �'- ,A .J ",.N 4 .. -rte e �` . ._. _
•
•
• a• -
•
I.
me
• f
• L \]
•
•
4.
w•• .1 I 7 a�I
.a . 1 , 777 ` �,
J t om. ,.(- _ } , � . .I `Ia - I
,' r •ar ..salt- J '[ /;art v, z i 41 r' ! .- ` i.. '"
i , III r 4 iittl'L •`% Jv
a. q y MA.
J, . ylEyV a _1 p,
0
1/6/2012
•
IS
1 ' A. " ,b a
hAr •
J
• }
s
tee i
r -
a
- „tin -
t •••
s R
i
W OF Si"1AC"ESS ROAD LOCATIbN Y
W Y
•
SNOW r
+..R
4 S
•
•
•
iiere.look
'n d
.x.,
w
•
2
1/6/2012
•
• .
. " - I
1 ,yP *r;e t • OS, , ~�4 - 4 e.". 1:1 IP:SI a; --Ili s r i 4 iir ik? •.Jiete . a l'Cra;.). ... -.' 7.11:_• _ Y
;1;:
t
•
• • - M
,
, +
•
rat.,"
w
It
•�. ,•i -
•4:t
. .
Y. -
_ - _
— _ _
— --r. . — -- '. . t
, 3 - • ' VIEW TO NOF{TH - WELD COUNTY'S NORTH PIERCE MINE
. . - -.A.: ..• .. - ' . -• , ,_
3
1/6/2012
•
•
' 't • .1; '4., L - , ��. rf.
-
14 !
- n \fit r .:1.-
•i - y•„ r 'A %1�al.•.^ ,tiT-'I•�. _ .t \ 1 ' ....'ill[1 ,, 3 y!'
�:f •
•R_• yi �.\_ • . '{: ^ rat •,r�•a • mss-; `at-
. `+• •i.. 8 •
_ "!'-HRH ' �f ,14' •
l �• _ 1 ^• its a' t - ♦ • e _ '1•' I 'i jI �r,3y'6,
-•�. t , ,.' 3:0 re-Y\•. ti _ _ + AK; • ..4 r .:.
.. • -••••42. •w t • ?Z.. '-i'.•1 5 •- - % ' .. f. ...'.L�/,•
•
:alill ti
_' :r.. 1
N c . � - M1- - - '
• 1 • f \ .,•
• -• l int 4.
• - \
• Y I 1 '
_ • . . , .
_IN i- 7•� •
it' .\\ ' r•s,
•
4
1/6/2012
•
•
I •r, ti ' , .
,t` -
•
•
%.I / f I ./ -sue ar ,r
i Al
— 4 "At..
�,.w �r. : ,.. - .,,4, ,* .l.yy ` -�-.s � �R% c more A V
f1.. ., 5
l
!
rsy Yy 1•� 3
_ - - •ors
_ ._ - -s. ,
R*
. . , , . , .. ,- , t• ,.. is
► r .
yms
•
I I I •: r .,
Y•X 1..q .
_ .
10'1.x �1 T
w•
944/1
• • .• „ -a SvL!'- S. n ..
'. :pox •C �".�'�fjT��;''^• r t '3 ♦ % ..4...V.•' •a., x~ • 7 '
i } ^..y..t` "^>: -..� • ��`? . . 4�i' °U` +µ CJRiii ON SCE
'• � � ,� •i
•
5
1/6/2012
•
-
_ M vCtt.•.gt. O
1
•
- • - .N. -
4.
,OF SITE SOUTH END
.,
•
F: 44 .r � } :f it r F ✓,� .'r - 'i � '.�^1 {�� . �i .1 t` �
1.+� �f` r - r •AwY�cc yi i d '. J . ice,.'
M
' s . �% • t t •�. i. :S /.' . ti f11 X of �. . ' i ., ,
s a1 • r
et - ‘• :4_,tute .iwri,w4r/r4
O,:jer .404: (..: ditizikro .
es, 4„..i. .. &:;-,-- • il kr, _ --r. - . illig‘Hgges. 44% I: .tr.#411::: j 444.1Attir 4
er
jrr :Clatif ..sesill IkAttifh
. . If t. berligootift-4 A 440 .Ili "3 v .10;
4" y ,
nee 4 tot - - • , , f 4-1 tit.? J,
• 2. et A _ , $•
tem• 1 1St tiara-AO "tAttly_ 7 1411.61.
‘''`A;vtlies er.," (14 N
. 4-00• 4�j" e i�'l vt .4 ci .' ftir
•
. at -1..., € ti. .. ..,, 4: . h. . . . 1 . . il ,r. 4.-• w , arri; , - p _
"4"° 4 O t re ): wt ' t ec . i . :./rie 114:r is. '-- i si. iirvt.4. .
Litititiait44 % -, . •
Ai
_ ":":„Pla
c:t tY
esterar
• ...0, ` 091.,.._ 101 '
1)FiliA ^ 01)- 8 . fr
1. t. -
� • t �� _J«Si �Jli 3 a. . .� _ - a` r f'•Tic t "t " . P ���TTtt�.A., ‘ ,� yt,
•
6
1/6/2012
•
. . .
_ . _ . _ . .
_ . . _
il „cc_ _ _____ ,
. . .
, frosi,...,,.. .
. . �firT lets t"rrn +w - i - • e.,
i ...tut- .. i. Pia_ { r .
I.
• 91)•••,/,' • �y t • • -• I 1 1 n 4
t..•�(4 ;c .• '� .. _- vii �~ l �I:t, 0r� � ,.: /
•> '. � Y ,
f �> � 1 '311.:1.4.*?'•W: & ctq
> . t iltio ,�t ♦1 .t.. c ":14.14. .. :.
y -n k 1iv l 4.1 ' ' . 14 !'r sh li.Q�,t _ f '�, .�1 . �(' s1K .4,/ri � i� If].A I rtf' •!{?�{L #' • I
.. L> 4 j J • - r 1a:' • t:'
li• • •4. • •: ! ur+ 1 . �1 � '• I 1{,' '�Ilk% 4:{� r•d
0
•
7
FIELD CHECK Inspection Date: November 10, 2011
• Case Number: USR11-0020 Hearing Date: December 6, 2011
Applicant: Miller Family Investments, do Brady Miller
Request: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development including Open Pit Mining and Materials Processing
(sand, gravel and stone), in the A (Agricultural) Zone District
Legal Description: Part of NE4 Section 12, T8N, R66W of the 6th P.M Weld County, Colorado
Location: West of and adjacent to County Road 37, South of and adjacent to County Road
96
Size of Parcel: +/-40.02 +/- acres To be Mined: 30.66 +/-Acres
Parcel Number: 0553-12-0-00-009
Zoning Land Use
N Agriculture N USR1716 Dry Mining —Weld County
E Agriculture E Rangeland / SUP-298 one mile from site
S Agriculture S Rangeland / Reclaimed gravel mine, Weld County
W Agriculture W Rangeland
• Comments:
Site is in tall grass rangeland with exposed aggregate materials at the surface. There are two
metal skinned loafing sheds on site with older fenced paddocks. The property has a three
strand barb wire fence at the perimeter. There is a single point of ingress mid-point on property.
The property slopes north to south. The south 8-12 acres was previously mined under a State
of Colorado contract for CDOT was prior to permit requirements. The property has not been
through reclamation.
Lone Tree Creek traverses the property north to south, with evidence of natural escarpments
Me
❑ Outbuilding(s) ❑ Non-commercial junkyard
• miscellaneous metals
❑ Access to Property ❑ Site Distance
DEPARTMENT OF PLANNING SERVICES
` 1555 North 17th Avenue
th
t Greeley,CO 80631
• Website:www.co.weld.co.us
Phone: (970)353-61053-6100 Ext. 3540
ill C
Fax: (970)304-6498
COLORADO
PLANNING INVOICE and RECEIPT SUMMARY
October 05, 2011
Permit Number: USR11-0020
Owner Name: MILLER FAMILY INVESTMENTS
Address:
Application Type: Planning\Use By Special Review\NA\NA
Applicant:
GREG LEWICKI AND ASSOCIATES
11541 WARRINGTON COURT
PARKER, CO 80138
INVOICES:
Invoice# 54458 Amount
• Mining Permit $5,620.00
Total Fee: $5,620.00
PAYMENTS:
Payment Payment
Receipt# Method Ref# Pavor Date Amount Cashier
63556 Check 5584 10/02/2011 $5,620.00 KOGLE
Total Paid: $5,620.00
Report ID: PL00001v002 Page 1 of 1
Print Date-Time: 10/5/2011 7:37:55AM
• firCf-MI141:41
DEPARTMENT OF PLANNING SERVICES
1555 N17th AVE
GREELELEY, CO 80631631 WEBSITE:www.co.weld.co.us
' E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext.eld.3549
FAX: (970)304-6498
COLORADO
October 4, 2011
Miller Family Investments
10614 Hwy 66
Platteville CO 80631
Subject: USR11-0020 - 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
On parcel(s)of land described as:
E740' NE4 12-8-66 of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are complete and in order at this
• time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Nunn at Phone Number 970-897-2385
Pierce at Phone Number 970-834-2851
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Reason author document
Kristine Ranom
� Reason:lam the of this document
Location'.1555 N 17th Ave
Date:2011.10.04 10.24.24-06'00'
Kim Ogle
Planner
•
•
Greg Lewicki And Associates, PLLC
11541 Warrington Court Phone: (303)346-5196 Fax(303)-346-6934
Parker, CO LISA 80138 E-Mail: info@lewicki.biz
September 7, 2011
Kim Ogle
Planning Services
Weld County Dept. of Planning Services
1555 North 17th Avenue
Greeley, CO 806031
RE: Completeness Review for Lone Tree Mine
Dear Mr. Ogle
Based on the comments received from Weld Country, Greg Lewicki and Associates (GLA) and
Miller Family Investments (Miller), have assembled the following reponse.
I. A waste handling plan that stipulates which company will be responsible for picking up
trash is required.
•
Miller will higher a contractor for waste removal from the Lone Tree Mine. Waste
will be removed from the site weekly.
2. The applicant needs to provide documentation on how stormwater flows will pass
through the proposed mining operation. The applicant needs to coordinate with the
operator of the pit of the north and east to ensure that storm flows in Lone Tree Creek are
not adversely affected.
GLA has assembled a stormwater flows map(See attached Map G)to show the
stormwater flows during mining. Stormwater runoff will continue to flow along
essentially the same path as prior to mining. Old mining on the Lone Tree Mine
property lowered Long Tree Creek's channel at the south end of the property.This
area is now full of cottonwood tree growth as can be seen on Map C-2. Modern
mining of this property will not lower the creek channel any more,and will only
widen the channel bottom out into the pit. Therefore stormwater flows through the
site will be essentially the same before and after mining.
As part of the DRMS permit, Miller has committed to pumping out of the old
disturbance area any water after a storm that will not infiltrate into the ground
within 72 hours of the storm.This will protect downstream water rights on Lone
Tree Creek.
•
• 3. The Department of Planning Services request additional information on the hours of
operation are daylight hours, and is this a Monday-Friday operation or also on weekends?
Do the hours on the weekend remain the same?
The Lone Tree Mine will operate from 6:30 am to 7:30 pm Monday though
Saturday. Occasionally,Miller may require operational time on Sunday for large
jobs,and a variation in the operational hours will be requested from Weld County
in such a case.
4. [Provide,] Current within 30-days, the Certificate of Conveyance for this property.
See attached Certificate of Conveyance
5. Land use fee
Please see attached check for$5620.00.
Please review our response on these items, and let us know if any further information is needed.
Be� arely,
fh eld, Project Engineer
• Greg Lewicki and Associates
•
•
Kist
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 17th Avenue
I Greeley, Colorado 80631
W EBSITE:www.co.weld.co.us
C E-MAIL: kogle@co.weld.co.us
PHONE
O E(970)353-6100, XT 3549
FAX(970)304-6498
COLORADO
August 15, 2011
Ryan Ellis
Greg Lewicki and Associates
11541 Warrington Court
Parker, Colorado 80138
Subject: Completeness Review for Lone Tree Mine
• Dear Ryan:
The Departments of Public Works, Building Inspection, Environmental Health and Planning Services have
reviewed the submitted materials for the proposed Lone Tree Mine located in part of the NE4 of Section
12, Township 8 North, Range 66 West of the 6th P.M., Weld County. Comments concerning this land use
application are as follows:
Building Inspection: No comments at this juncture
Environmental Health requests the following information be included in the supplemental application
materials:
A waste handling plan that stipulates which company will be responsible for picking up trash is
required.
The Public Works Department requests the following information be included in the supplemental
application materials:
Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This
phase of the planning process is a content review of the submitted materials, NOT a technical review.
Comments made during this phase of the process will not be all-inclusive, and will address the critical issues
of concern including but not limited to the Site Plan,Traffic Study,Preliminary Drainage Report,Geotechnical
Soils Report, and Flood Hazard Development Permit.The Public Works Department will perform a detailed
technical review of the project once the submittal application is deemed acceptable and is promoted to the
review phase of the planning process.
SITE PLAN REVIEW:
The applicant has supplied a site plan drawing submitted for review.
•
TRAFFIC STUDY: •
The "preliminary traffic report" by Greg Lewicki & Associates does not meet the standards of the
Traffic Study Checklist. However, it will serve as a traffic narrative for review and comments. In the
future if traffic volumes or trip generation change a traffic study may be required.
PRELIMINARY DRAINAGE:
The applicant has supplied a preliminary drainage report for review and comments. The drainage
report has not been reviewed in detail. A technical review of the drainage report will be performed
once the application has been deemed acceptable and is promoted to the review phase of the
planning process.
The applicant needs to provide documentation on how stormwater flows will pass through the
proposed mining operation.The applicant needs to coordinate with the operator of the pit to the north
and east to ensure that storm flows in Lone Tree Creek are not adversely affected.
GEOTECHNICAL SOILS REPORT:
A geotechnical soils report is not required by Public Works.
SPECIAL FLOOD HAZARD AREA:
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.
The Department of Planning Services requests additional information on the hours of operation are
daylight hours, and is this a Monday-Friday operation or also on weekends? Do the hours on the weekend
remain the same?
Current within 30-days, the Certificate of Conveyances for this property. .
Staff finds no evidence of the land use fee being paid, that said, the application fee is 5000.00 dollars for
the first 10 acres, plus 20.00 dollars for each acre or fraction thereof in excess of ten acres. For this land
use application, the site is 41 acres per the Assessors property profile, please remit 5620.00 dollars
payable to the Department of Planning Services.
With responses in hand and re-submitted to this office for case initiation and set-up staff will commence
with the referral process. Should you have additional questions or require clarification on any of the points
presented herein, please contact this office. Thank you.
Sincerely,
in»,�
J mmci.:
Kim Ogle
Planning Services
Property research 12-8-66
Lone Tree Pit File PA10-037
• 7-Day Completeness Review
PRE-APPLICAT10N MEETING NOTES: PA10-037 i/-E/j O 6l 3
Applicant: Jerry Miller c/o Ryan Ellis, Greg Lewicki &Associates
Case#: USR
Request: A Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone), in the A(Agricultural)Zone District
Legal Description: Part of NE4 Section 12, T8N, R66W of the 6th P.M Weld County,
Colorado
Location: West of and adjacent to County Road 37, South of and adjacent to
County Road 96
Size of Parcel: 40.02 +/-acres
Parcel Number: 0553-12-0-00-009
Narrative: Ryan Ellis met with staff in April 2010 to discuss a future mine location. Staff
directed him to obtain the DRMS Permit which apparently he has in hand. In lieu of a
second pre-application meeting, please review his initial packet for completeness and
provide applicable comment, if any. Many thanks.
•
RETAIN PACKET AS ENTIRE APPLICATION
❑ Public Works o Health a Building ❑ Planning
Comments: 1...o n.)41 T4e 7 i 7^
l..1 3- 5 - z6 if
,6_Q _fit
Date: August 5, 2011 Comments Due No Later than August 12, 2011
Questions, call,thanks Kim, x 3549 ij' E C S O U E-
• ti AUG 5 '011 .J
WELD COUN FY PUBLIC WORKS DFPT
RECEIVED
MEMORANDUM 1 2
1 8 6 1 2 0 1 1 Weld CountyAUG h3inn;r1lg011 Departmei
i TO: Kim Ogle, Planning Services DATE: August 8, 20.jEELEY OFFICE
FROM: Donald Carroll, Engineering Administrator Ad/
W E L DEC O N T Y Public Works Department Pb,
SUBJECT: 7 Day Completeness Review— PRE11-0013
Jerry Miller, Lone Tree Pit
c/o Ryan Ellis, Greg Lewicki & Associates
Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This
phase of the planning process is a content review of the submitted materials, NOT a technical review.
Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of
concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical
Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed
technical review of the project once the submittal application is deemed acceptable and is promoted to the
review phase of the planning process.
SITE PLAN REVIEW:
The applicant has supplied a site plan drawing submitted for review.
TRAFFIC STUDY:
The "preliminary traffic report" by Greg Lewicki & Associates does not meet the standards of the Traffic Study
ecklist. However, it will serve as a traffic narrative for review and comments. In the future if traffic volumes or
p generation change a traffic study may be required.
PRELIMINARY DRAINAGE:
The applicant has supplied a preliminary drainage report for review and comments. The drainage report has
not been reviewed in detail. A technical review of the drainage report will be performed once the application
has been deemed acceptable and is promoted to the review phase of the planning process.
The applicant needs to provide documentation on how stormwater flows will pass through the proposed mining
operation. The applicant needs to coordinate with the operator of the pit to the north and east to ensure that
storm flows in Lone Tree Creek are not adversely affected.
GEOTECHNICAL SOILS REPORT:
A geotechnical soils report is not required by Public Works.
SPECIAL FLOOD HAZARD AREA:
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.
•
M:\PLANNING-DEVELOPMENT REVIENA-2011 Planning Referrals\Pre-App1PRE11-0013\PRE11-0013 Lewicki 7-Day.docx
\ No Plow[erection
• 'f� \ 1 aoa4g C y R Boundary
a3
dCeuny f///�J,P Vnaa M'nlr
p ny Rom 9s �o Wola CoPny� o�P A a
�/ \� ^ Vent Vene Landowner Names and Lnec
S coon 12 I _-
�\ eo 12 1 7
R 5¢W I9,. a e
ern P.M.
Miller FamilyInvestment �—I I
I I
9M. L1Mning 5loryl i� \\
`VI�i Leroy A,6
Peggy sal/more
Lone Tnd care)
PC Land Inc II' (Vegetated Upland Swde) I \ 3H
Creek I y VMlning Slope
PPP
may I'I 11 II / / ' I
lI PPea
Permit Area i I zRly sops
g� l
4O.O2 Acres H I $
,r02 Il
r 6 zo r-egM Mining oeam t' I� re
I',
II'I 1, / I �
I
II
I
i
I
I ICI
II I Y T et Pit 12 feet Dae(�
{la Water Intercepts
p
/Precessing end e
Sineep e
Brea
A �
I Site Access
ao 67979 deg floe?
10904 71o5.]1553 deg wear
I i
VlTla Recluar V cn.ng
�P
F A.&
I Roepll Pe9GYJ Reumpm
RC Land Inc �� I I
I]
( I ii:/, I '
I ij 7 /
I r
3H:1 V mining SIOPC I I ✓ // 4/� A
_ y
, / II /rt.7//;6 an/i/7/ // / / a I I I 5 I'Ic.o0P
I /////7"2 /< /*4 ' . /
�
0 Weld C nty Engines
50 x}00' a50'
RC Land Inc I / \;a \�S.
II
I
note..
RECEIVED
MEMORANDUM AUG 042011
1 8 6 1 - 2 0 1 1 Weld County Planning Department
TO: Kim Ogle, Planning Services DATE: August 1, 29WELEY OFFICE
FROM: Donald Carroll, Engineering Administrator .nj/./
W E L D_,C O N T Y Public Works Department
SUBJECT: 7 Day Completeness Review— PA11-074
Donn & Mary Lee Foster
Foster Trucking
Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This
phase of the planning process is a content review of the submitted materials, NOT a technical review.
Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of
concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical
Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed
technical review of the project once the submittal application is deemed acceptable and is promoted to the
review phase of the planning process.
SITE PLAN REVIEW:
Colorado State Highway 263 was acquired in a trade from the State Highway Department to Weld County
Public Works Department. The appropriate call-out for the status of the road is CR 60.5, collector road. The
plat is reflecting reserving for future right-of-way with State Highway 263 per recorded plat, 35 feet of additional
diht-of-way from centerline for a total of 75 feet from centerline. Through the swap or trade with the State
hway Department, any existing right-of-way or future reserved right-of-way should remain in place.
Change the labeling for the State Highway call-out; add and show additional tracking pad with adequate
turning radiuses for your vehicle types. Adjust any redline markups associated with the plat. Resubmit plat at
USR application.
TRAFFIC STUDY:
The applicant has supplied a narrative identifying all vehicles utilizing the facility. The majority of the turning
movements were indicated to be to the right. A stop sign will be required at the entrance adjacent to the
tracking pad and any additional improvements that would be required by the Traffic Engineer.
PRELIMINARY DRAINAGE:
The applicant has supplied water quality feature calculations. The calculations were not reviewed in detail at
this time. Once the application is promoted to USR status, the calculations will be reviewed in detail.
GEOTECHNICAL SOILS REPORT:
A geotechnical soils report is not being required by Public Works at this time.
SPECIAL FLOOD HAZARD AREA:
Portions of the property south of the Ogilvy Ditch are located in the 100-year floodplain of the Cache La Poudre
River. Currently, there is no development shown south of the ditch. As long as development stays out of the
floodplain, a FHDP is not required. If development is proposed in the floodplain, a FHDP will be required. •
•
M:\PLANNING-DEVELOPMENT REVIEW\7-DayCompletenessReviews\2011\Donn&Mary Lee Foster,Foster Trucking 7-Day.docx
• 7-Day Completeness Review
PRE-APPLICATION MEETING NOTES: PA10-037
Applicant: Jerry Miller c/o Ryan Ellis, Greg Lewicki & Associates
Case #: USR
Request: A Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone), in the A (Agricultural) Zone District
Legal Description: Part of NE4 Section 12, T8N, R66W of the 6'h P.M Weld County,
Colorado
Location: West of and adjacent to County Road 37, South of and adjacent to
County Road 96
Size of Parcel: 40.02 +/- acres
Parcel Number: 0553-12-0-00-009
Narrative: Ryan Ellis met with staff in April 2010 to discuss a future mine location. Staff
directed him to obtain the DRMS Permit which apparently he has in hand. In lieu of a
second pre-application meeting, please review his initial packet for completeness and
provide applicable comment, if any. Many thanks.
• RETAIN PACKET AS ENTIRE APPLICATION
❑ Public Works ❑ Health ❑ Building ❑ Planning
Comments:
If any construction is done on the property the owner will need to apply for the
proper permits
Date: August 5, 2011 Comments Due No Later than August 12, 2011
Questions, call, thanks Kim, x 3549
•
{ MEMORANDUM
Inge TO:
PA10-037;200Case File, pre-application
April 22,
COLORADO
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
USR for gravel mining operation
Attendees:
Ryan Ellis, Applicant
Clay Kimmi, Public Works
Heidi Hansen, Public Works
Lauren Light, Environmental Health
Kim Ogle, Planning
Kris Ranslem, Planning
• On Thursday, April 22, 2010 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding a proposed gravel mine. (The legal description is NE4 of
Section 12, T8N, R66W of the 6th P.M.)
Background Information:
The proposed property is currently owned by Terry Younglove; however it is under contract to be
sold to Jerry Miller. The site encumbers approximately 41 acres. The applicants are proposing to
mine the majority of the site. Gravel mining has historically taken place on the southern portion of
the property. Lone Tree Creek runs through the site.
Crushing and screening will take place near the access from CR 37. The equipment is mobile
therefore it moves from various operations in the state. Topsoil will be stockpiled along the setback
buffer around the property.
Health Department
An onsite dust control plan will be required.
A waste handling plan will be required to ensure that there is no trash blowing around the property.
The applicant is proposing portable toilets and bottled water. Permanent water is required if
operations last more than 6 months. The applicant indicated that there may be a loader on site for
more than 6 months for the sale of material. Staff suggested that the applicant request a waiver
from the Board of County Commissioners to allow portable toilets and bottled water.
A copy of the State APEN will need to be provided in the application.
• A Stormwater Management Plan will be required.
The applicant indicated that there may some fuel tanks on site.
• Public Works
No batch plants are proposed to be onsite.
Staff requested that the applicant provide an estimated number of trips. Based upon that number,
staff will determine if a traffic study will be required.
Haul routes will need to be established.
An Improvements Agreement will be required.
Access and Right-of-Way permits will need to be obtained from Public Works. Radii at the entrance
will be determined by the type of vehicles accessing the property.
A tracking pad consisting of double cattle guards will be required.
A Stormwater Management Plan will be required for the grading permit.
The applicant indicated that the drainage which will be coming off-site will be held in the sump area,
sampled and then pumped.
Planning Department
The gravel mine will operate during daylight hours 6 days a week over a 2-month floating period.
A perimeter fence will be installed.
• The applicant indicated that a scalehouse/office may be onsite temporarily. Staff stated that a
building permit will be required.
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m.
Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness
review. After the 7 day completeness review the applicant will be informed of what items are still
required to make the application complete. Staff requested that the applicant submit the remaining
material in electronic form. Upon submittal of a completed application it will be sent out for referral
for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as
many of the referrals as possible. At that meeting the Planning Commission hearing will be
scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks
after the Planning Commission hearing.
The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the
above notes may not identify all issues, even major ones that may be raised during the formal review of your
application. The information contained herein has been placed on file with the Department of Planning
Services.
End memorandum.
•
Hello