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Home My WebLink About20111750 INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Lafarge West, Inc. Case Number USR-1779 Submitted or Prepared Prior to At Hearing Hearing N 1 Staff Comments X \' Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Weld County Code Compliance referral received 3/2/2011 X N 4 Referrals with comments r1 X • N Weld County Department of Public Health and Environment referral dated iF4/2011 X Department of Public Works referral dated 3/28/2011 X Weld County Department of Building Inspection referral dated 4/1/2011 X "4 City of Greeley referral dated 4/13/2011 X Division of Water Resources referral dated 3/10/2011 ,�'L X West Greeley Soil Conservation District referral dated 34/2011 X Noble Energy electronic mail referral dated 3/10/2011 X 5 Surrounding Property Owners/Mineral Owners - Letters AEA 6 PC Exhibits V 6A Sign posting affidavit (1 .Iod tLodcr e -rvcrnovcn) X Na 6B E-mail from Mr,Tennyson received 3/27/2011 X �. 6C E-mail response from Ms. Johnson received 3/29/2011 X N 6D Compatible Development& Surface Use Agreement between Noble Energy& X Lafarge West, Inc. and Tim &Jeanne Iverson dated 3/30/2011 "Na 6E Response to City of Greeley Referral comments from Pamela Hora-Tetratech X dated 5/26/2011 N.' 6F Response to referral comments from Pamela Hora-Tetra Tech dated 5/27/2011 X `‘..s 6G E-mail from Roxanne Keeth—City of Greeley—dated 7/6/2011 X • IDwrwon 2011-1750 LAING I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the • scheduled Planning Commissioners hearing. " � 5{��wls Chris GGaaµthmman [-! []Planner • • 1861 - 2011 LAND USE APPLICATION SUMMARY SHEET WELD-.COUNTY Planner: Chris Gathman Case Number: USR-1779 Hearing Date: July 12, 2011 Applicant: Lafarge West, Inc. C/O Anne Johnson 11409 Business Park Circle, Suite 200, Longmont, CO. 80504 Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (Dry Mining) in the A(Agricultural) Zone District Legal Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the W2NE4 of Section 34, T6N, R66W of the 6th P.M., Weld County, CO • Location: North of and adjacent to F Street and approximately 1.25 miles west of 35'"Avenue Size of Parcel: +/- 83.06 acres Mined Area: +/-64.3 acres Parcel No.: 080534000082, 080534000068 & 080534000069 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 with comment from the following agencies: • State of Colorado, Division of Water Resources, referral dated March 10, 2011 • City of Greeley, referral dated April 13, 2011 • Weld County Department of Public Works, referral dated March 28, 2011 • Weld County Department of Building Inspection, referral dated April 1, 2011 • Weld County Department of Public Health and Environment, referral dated April 1, 2011 < West Greeley Soil Conservation'District, referral dated March 13, 2011 < Noble Energy, electronic mail referral dated March 10, 2011 • usa-1779 Lafarge West,Inc. EXHIBIT Page 1 t • The Department of Planning Services' staff has received responses without comment from the following agencies: • Weld County Code Compliance, referral dated March 2, 2011 The Department of Planning Services' staff has not received responses from the following agencies: < State of Colorado, Division of Reclamation Mining and Safety < Weld County Sheriffs Office • Union Colony Fire Protection District < United States Army Corps of Engineers < Great Western Railway • • USR-1779 Lafarge West,Inc. Page 2 • 1861 - 2011 SPECIAL REVIEW PERMIT W E L ©_.,C 0 U N T Y ADMINISTRATIVE REVIEW Planner: Chris Gathman Case Number: USR-1779 Hearing Date: July 12, 2011 Applicant: Lafarge West, Inc. CIO Anne Johnson 11409 Business Park Circle, Suite 200, Longmont, CO. 80504 Request: Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (Dry Mining) in the A(Agricultural)Zone District Legal Description: Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the W2NE4 of Section 34, T6N, R66W of the 6th P.M., Weld County, CO • Location: North of and adjacent to F Street and approximately 1.25 miles west of 35`h Avenue Size of Parcel: +/- 83.06 acres Parcel Number: 080534000082, 080534000068 & 080534000069 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. 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 22-5-80.6 (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." The proposed use would be compatible with surrounding properties which include agricultural lands, river bottom lands and floodplain designated lands. Further, Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral deposits for extraction. • USR-1779 Lafarge West,Inc. Page 3 • (1) "After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other 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." (2) "After adoption of a master plan for extraction for an area under its jurisdiction, no board of county commissioners, governing body of any city and county, city, or town, or other 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 containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." (3) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority which has control over zoning from zoning or rezoning land to permit a certain use, if said use does not permit erection of permanent structures upon, or otherwise permanently preclude the extraction of commercial mineral deposits by an extractor from, land subject to said use." (4) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or other governmental authority which has control over zoning from zoning for agricultural use, only, land not otherwise zoned on July 1, 1973." • (5) "Nothing in this. section shall be construed to prohibit a use of zoned land permissible under the zoning governing such land on July 1, 1973." (6) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority from acquiring property known to contain a commercial mineral deposit and using said property for a public purpose; except that such use shall not permit erection of permanent structures which would preclude permanently the extraction of commercial mineral deposits." B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the (I) Industrial Zone District. Section 23-3-330.D.7 of the Weld County Code provides for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (Dry Mining) 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 proposed mining site property is located to the north of F Street and borders the Cache La Poudre River along the north and west. A residence is located approximately 850-feet to the south of the mining site and a single family residence is located approximately 600-800 feet to the north of the mining site. Portions of the property are screened from the south by an existing wood fence and trees. The property is well screened along the Poudre River (to the north and west) by existing trees. City of Greeley owned property (including a dog park) is located to the east of the site and a wooded/floodplain area is located to the west of the site. The Poudre • USR-1779 Lafarge West,Inc. Page 4 • Trail runs along the south of the property. There is an existing residence and outbuildings that are located on the property but will not be utilized in association with the gravel mining operation. The applicant proposes to convey gravel via a conveyor system to the existing lafarge mining/processing/batching site located directly west of 35th Avenue (this facility is permitted under Amended USR-247). No additional mining traffic will be generated by this operation. Planning Staff believes that the attached development standards and conditions of approval will ensure compatibility with surrounding property owners. 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 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. The property is located within the 3-mile referral area of the City of Greeley and portions of the property borders the municipal boundaries of Greeley to the north and east. The City of Greeley, in their referral received April 28, 2011, requested that a stop sign be placed at the driveway into the facility to the north of the Poudre Trail. Greeley also stated that there should be no storage or stockpiling of materials and equipment within the floodway of the Cache La Poudre River, a certification letter shall be provided from a Colorado registered professional engineer indicating that excavation and reclamation activities will not cause.an increase in base flood elevations, and that the Poudre River Channel shall not be compromised by the proposed mining activity. Greeley indicated • that there is a 36 inch sewer main that crosses the main driveway/access into the property. Greeley is requiring the applicant to pothole this area to determine the exact depth and location of the sewer main. Surface loads of vehicles crossing the sewer main may have to be limited based on its depth and location. The Department of Planning Services has attached a condition of approval requiring the applicant to attempt to address the requirements of the City of Greeley outlined in their referral. Additionally, the Department of Public Works is requiring Flood Hazard Development Permits (FHDP) to be approved prior to recording the plat which will address their floodplain/floodway concerns. Planning Staff believes that, with the endorsement of the Conditions of Approval, contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code. The site is located within the FEMA mapped Zone AE 100-Year Floodplain and the floodway. Weld County Code Section 23-5-250 prohibits development including but not limited to the construction of buildings and the placement of fill (stockpiles) within the floodway. Flood Hazard Development Permits will be required for all structures (including the existing residence and outbuildings) in the Floodplain, however, no permanent structures or stockpiling of materials are permitted in the Floodway. Building Permits issued on the Lots will be required to adhere to the following fees. Effective April 25, 2011, Building Permits will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) • USR-1779 Lafarge West,Inc. Page 5 • Effective April 25, 2011, Building Permits will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 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 property to be mined contains no"Prime" agricultural lands, thus, no prime farm land will be taken out of production with this proposal. The subject site is classified as "Irrigated Land (Non Prime)" as delineated on the Important Farmlands of Weld County map, dated 1979. The entire site holds aggregate mineral resource of sands, gravels and stones as delineated on the Weld County Sand, Gravel Resources map. 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 insure compliance with Section 23-4-250 Weld County Code. • This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Service's staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall submit a Landscape Mitigation Plan to the Weld County Planning Department for review and approval. Deciduous trees (no evergreens) shall be installed: 1) along the southwestern portion of the site to screen the mining operation (in areas not already screened by existing trees) from adjacent properties and residences to the south and 2) along the eastern portion of the site (north of the existing residence and to the south of the Poudre River) to screen areas not already screened by existing trees. (Department of Planning Services) B. A Flood Hazard Development Permit (FHDP) is required in order to show the impact of the mining operations on the 100-year water surface elevation within the FEMA designated floodplain and Floodway. Please note that it will be necessary to utilize hydraulic modeling showing the impact of mining on adjacent properties. Written evidence from the Department of Public Works that the application has been conditionally approved shall be provided to the Department of Planning Services. (Department of Planning Services) • USR-1779 Lafarge West,Inc. Page 6 • C. The site visit performed on 3/30/11 revealed 4 structures that require building permits which according to county records, no building permits were obtained. Permits are required for each of the existing 4 structures. Evidence that the building permits have been released shall be provided to the Department of Planning Services. (Department of Building Inspection) D. 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 to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternately, the applicant can provide evidence from the Air Pollution Control Division, Colorado Department of Health and Environment that they are not subject to these requirements. (Department of Public Health & Environment) E. The applicant shall submit evidence of a spill prevention, spill control, and spill countermeasures plan (SPCC Plan) from the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternately, the applicant can provide evidence from the State that they are not subject to this requirement. (Department of Public Health & Environment) F. The applicant shall complete all proposed improvement including those regarding access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR • plat. (Department of Planning Services) 2. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1779. (Department of Planning Services) B. The location of any on-site signs. (Department of Planning Services) C. The approved Landscape Mitigation Plan. (Department of Planning Services) D. Please show the location of the conveyor on the site plan at the point where it enters the site. If the conveyor will be constructed in the floodplain, it will need to be covered in the FHDP. (Department of Public Works) E. F Street is designated on the Weld County Road Classification Plan as a local gravel road, which requires 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 and this shall be indicated on the plat. 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. (Department of Public Works) F. All known and recorded easements and rights-of-way that may be present on site. (Department of Planning Services) G. The Boundaries of USR-1779 shall match the boundaries of the property. No portions of the property shall be located outside of the boundaries of USR-1779 with the exception of • USR-1779 Lafarge West,Inc. Page 7 • USR-1515. The boundaries of USR-1515 shall be located outside of the boundaries of USR-1779. (Department of Planning Services) 3. Prior to construction: A Conveyors are proposed to be installed. Electrical permits are required if electric is connected to conveyors. (Department of Building Inspection) 4. The Special Review activity shall not occur nor shall any building permits be issued for new buildings/structures 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) 5. 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) • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Lafarge West, Inc. • USR-1779 Lafarge West,Inc. Page 8 • USR-1779 1. A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (Dry Mining) in the A (Agricultural) Zone District. (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. Mined aggregate will be transported offsite via conveyors. (Department of Public Works) 4. 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) 5. 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) 6. 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) • 7. The applicant shall operate in accordance with the "waste handling plan", at all times. (Department of Public Health and'Environment) 8. 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) 9. Any vehicle washing area 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) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the dust abatement plan at all times. (Department of Public Health and Environment) 11. 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) 12. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility at all times. (Department of Public Health and Environment) 13. Portable toilets may be utilized on sites that are temporary locations of the working face. (Department of Public Health and Environment) 14. Bottled water shall be provided to employees at the temporary locations of the working face at all • times. (Department of Public Health and Environment) 15. Any septic system located on the property must comply with all provisions of the Weld County USR 1779 Lafarge West Inc. Page 9 • Code, pertaining to Individual Sewage Disposal Systems. (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). (Department of Public Health and Environment) 18. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 19. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining & Safety. (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. Prior to the commencement of any mining activity which would result in the exposure and/or use of groundwater, the applicant shall provide the Department of Planning Services with an approved Colorado Division of Water Resources Substitute Water Supply Plan or court-approved Augmentation Plan along with an approved well permit. (Division of Water Resources) 24. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 25. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning Services) 26. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of 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) 27. Existing trees and ground cover along public road frontage and drainage ways 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) 28. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) • USR 1779 Lafarge West Inc. Page 10 • 29. 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 Public Works) 30. Prior to vacation of the USR, if mining has occurred, a Letter of Map Revision (LOMR) must be approved by the Federal Emergency Management Agency (FEMA) pursuant to floodplain regulations codified in the Code of Federal Regulations (CFR) Title 44 Parts 60 and 65. (Department of Public Works) 31. The site is located within the FEMA mapped Zone AE 100-Year Floodplain and the floodway. Weld County Code Section 23-5-250 prohibits development including but not limited to the construction of buildings and the placement of fill (stockpiles) within the floodway. (Department of Public Works) 32. 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) 33. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 34. Note that topsoil, overburden, and product stockpiles cannot be placed in the floodway. Stockpiles located within the 100-year floodplain cannot impact the water surface elevations on the adjacent properties not owned by the applicant unless the affected landowners have provided • signoff that they accept the proposed impact. Stockpiles must also be oriented to be parallel to the flood flows in order to minimize the impact to adjacent properties. (Department of Public Works) 35. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Department of Planning Services) 36. A building permit shall be obtained prior to the construction or placement of any new structure on the parcel. An electrical permit will be required for any electrical service to equipment. Conveyors are proposed to be installed. Electrical permits are required if electric is ran to conveyors. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. (Department of Building Inspection) 37. Structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2008 National Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) • USR 1779 Lafarge West Inc. Page 11 • 38. The Private Road Crossing Easement between Lafarge' and Great Western Railway shall be executed prior to installing the conveyor across Great Western Railroad right-of-way. (Department of Planning Services) 39. Effective April 25, 2011, Building Permits will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services) 40. Effective April 25, 2011, Building Permits will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 41. Should human remains be discovered during mining activities, the requirements under State law C.R.S. part 13 apply and must be followed. (Department of Planning Services) 42. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 43. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 44. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 45. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. • 46. 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. 47. 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) 48. 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) • USR 1779 Lafarge West Inc. Page 12 • 1 8 6 I - 2 0 I I DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WELo COUNTY u May 31, 2011 Ann Johnson Lafarge West, Inc 11409 Business Park Cir,Ste 200 Longmont CO 80504 Subject: USR-1779- A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (dry mining)in the A(Agricultural)Zone District on a parcel of land described as Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the W2NE4 of Section 34, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on July 12,2011, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held on July 27, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101h Street, First Floor, 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 httn://www co weld co.asiDepartments/Planr ii sypninq/PlanningDLTartment index;htrnl If you have any questions concerning this matter, please call. Respectfully, ' Digitally signed by Kristine Ranslem CAS` �`�a �k✓r— Reason:l am the author of this document Location:1555 N 17th Ave Date:]011.05 31 09:00:34-06'00' Chris Gathman Planner • t PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 7/2/2011 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1779 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign e/(40 Signature of Person Posting Sign STATE OF COLORADO ) ` ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this) day o 2011. WITNESS my hand and official seal. Y V r Notary Public BILLIE J. MOORE NOTARY PUBLIC IU I STATE OF COLORADO My Commission Expires: l EXHIBIT I (55R - / 1 : F, • r.- 0 \'d ', x •f f, • r lesm.y ?: ll.' tom, / r � ` \, 4 ' ` vale tt�•t ti , 'Nat. t� =4 41- �A : � .• r,\h r 1/4:y ••, Al', rti jC , :�" a: _ is k n• et ; tail�[ ♦ I.tV '� - may. -r(,. i' lilt... • •I{G-t . • , �, : Y'►- . , .-, y� P�'y/ .r -/ ♦• 1 _'` - � J "Y� •d7.?! ir', 401, f •` ITV y •{ 4, 4+Fd, -I...L.' .O, •"-..,.7* -% ....,,,t,_ ft,-• , :ii. t.i A ... ,.. ,• c ,.. ., e., 5.,. ilt k. �z1' en t„..... i ; i, �S- •`"• '•'fir _ ' - g'..y►. ea, i, i• t 44 jjk . s r ISaf E i __. ), . _▪ •,.•, .• i +-, k , .,.. I - A• it 'A..., ‘'z c•:, il" '� — e _ ,-,. : pal,..___ ., •� r U W _W W i'. 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' :I. - - " . r. • 2 FIELD CHECK inspection dates: 5/17/2011 & 7/1/2011 APPLICANT: La Farge West, Inc. CASE #: USR-1779 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (Dry Mining) in the A (Agricultural) Zone District. LEGAL: Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the W2NE4 of Section 34, T6N, R66W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to F Street and approximately 1.25 miles west of 35th Avenue PARCEL ID#: 080534000082, 080534000068 & 080534000069 ACRES: +/- 83.06 acres Mined Area: +/-64.3 acres Zoning Land Use N A N Poudre River (single family residence approx. 600- 800 feet north) E A E City of Greeley Dog Park S A S Vacant land/single family residence approx. 850 south W A W Agricultural land/floodplain COMMENTS: There is an existing residence and outbuildings on the property. An oil and gas production facility is located on the western side of the property. The Poudre Trail runs along the south of the property. Much of the property is well screened by an existing wooden fence and mature trees. te) Chris Gathman - Planner Ill RECSfVF.D 1AR, 2 20V Web o County ,, nn na Department 11 FIELD CHECK GREELEY 0FI'ICE CASE NUMBER: USR-1779 DATE OF INSPECTION: Hz,+tl, 1 g , A0 11 APPLICANTS NAME: Lafarge West, Inc. PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (dry mining) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the W2NE4 of Section 34, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to F Street and approximately 1.25 miles west of 35th Avenue. LAND USE: N Lill tril - Ja4-ed IAtid E 141,144 h-IJa ke..Df I a „4 S ?Avie,l< 30,14n-it .12id01 6 'eetc1 G'Iy Zo,p „lc W Oki , 4jhvak-ool lau44 IllZONING: N A(Agricultural) E A(Agricultural) k-,-, o . ti IN S A(Agricultural) W A(Agricultural) COMMENTS: _ Co ti 1d /hot e. o/ c+ Site- Y)aH /or GI SR 177) so /he_ I NJ"or v+, 4 rii.0,n to 'pot/'r may 4,-?r, Loa c Go✓Ic-l- ` V P. . emb , h. 0_,,,, aor I Kristine Ranslem im: Kristine Ranslem nt: Wednesday, March 02, 2011 2:00 PM o: 'Alexander Zauder' Subject: USR-1779 Field Inspection Attachments: PC FIELD CHECK.docx; image003.png We have just received a case (USR-1779) in which we ask that you review the material and send the attached field inspection form to us by April 1, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlannincZoninq/PlannincDepartment/index.html#1779 If you have any questions, please don't hesitate to contact me at the number below. Thank you! KVLst6We R2AsLem. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 ; se , ;,:_, . , „ .0,2;.# -.,..-71-.("ik. w E l''•0_`FAGS N'Y u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. II 1 Chris Gathman m: Anne.Johnson@lafarge-na.com nt: Thursday, March 03, 2011 12:11 PM Chris Gathman; Tom Parko Subject: USR 1779 Lafarge Dear Chris and Tom, Thank you for meeting with me yesterday morning. I think we're off to a good start and wanted to follow-up with some quick items. Regarding importing material to 35th Avenue, we confirmed that material from Iverson would be imported via conveyor through an easement across the City of Greeley property and then over the Great Western rail under a crossing agreement. Both the easement and agreement should have been included with application materials. But do let me know if you need a copy. Lafarge wanted to minimize truck traffic and opted for the conveyor. We do not anticipate additional trucks coming into the 35th Avenue Batch Plants due to the Iverson Mine as well as after mining has ceased in the vicinity, above what we have today to supply the Batch Plants. We also confirmed that the Batch Plants would continue to utilize imported materials after 35th Avenue was mined out. During our meeting, you asked for the contact information for TowerCo. The Itact information I have is: Mr. Steve Caldwell, Vice President of rations, TowerCo, 5000 Valleystone Drive, Suite 200, Cary, North olina 27519. Please let me know if you'd like a copy of the materials we put together with TetraTech for TowerCo for your files. I received your letter regarding USR-1779 for the Iverson application yesterday afternoon and appreciate the opportunity to discuss referrals, staff comments and other questions that arise prior to scheduling the Planning Commission hearing. You're taking a pro-active approach by allowing Lafarge the opportunity to address issues for a more streamlined hearing process. Once again, thank you for your assistance. Please contact Pam Hora at TetraTech (720-864-4507) or me directly (303-653-4101) with any questions. I look forward to hearing from you. Sincerely, Anne Anne Best Johnson, AICP in d Manager I Western U.S. Land I Lafarge North America Inc. estern USAggregate 11409 Business Park Circle, Suite 200 I Longmont � CO 180504 1 office (303) 684-2307 I mobile (303) 653-4101 I fax (303) 684-2327 11 mail Anne.Best JohnsonOlafarge-na.com II II 2 Chris Gathman m: Chris Gathman nt: Thursday, April 28, 2011 12:42 PM 'Nora, Pam'; 'anne.johnson@lafarge-na.com' Cc: Clayton D. Kimmi; Heidi Hansen Subject: City of Greeley referral comments for Iverson Attachments: Greeley Referral.pdf FYI. Referral comments are attached. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext.3537 Fax: (970)304-6498 u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise 11 tested from disclosure. If you have received this communication in error, please immediately notify sender by return ail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the tents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. I 1 Kristine Ranslem m: Kristine Ranslem I0:nt: Wednesday, March 02, 2011 1:58 PM 'Anne Johnson'; 'Nora, Pam' Subject: Case USR-1779 Attachments: Applicant letter.pdf; image003.png Please see the attached letter. If you have any questions, please let us know. Thank you! Kvtsti,vue 2avusLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 W E �<C- 0U NTT I I iionfidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise otected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. I 1 1861 - 2011 DEPARTMENT OF PLANNING SERVICES - 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 W E L % COUNTY u March 2, 2011 Ann Johnson Lafarge West, Inc 11409 Business Park Cir, Ste 200 Longmont CO 80504 Subject: USR-1779 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (dry mining) in the A (Agricultural) Zone District on a parcel of land described as Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the W2NE4 of Section 34, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9741 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Digitally signed by Kristine Ranslem / ;to Reason:lam the author of this document �9ti6W - _ Location: 55 N 17th Ave Date:2011.03.02 10:27:18-0100' Chris Gathman Planner S Chris Gathman m: Chris Gathman nt: Friday, February 18, 2011 2:59 PM 'pam.hors@tetratech.com' Subject: water Pam, In response to your question re: the Iverson application augmentation plan. Here is what we want to see in regards to water in the application (as outlined in Section 23-4-260.G .14 of the Weld County Code) 14. The application should address the following items: a. Water Consumption: 1) An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out. 2) The analysis should address the amount of water consumed in the MINING and processing of the material, including dust suppression. 3) The analysis should address the issue of water consumed for domestic purposes by onsite staff. 4)The analysis should address the issue of evaporative losses consumed from exposed groundwater, including discussion of the feasibility of lining. b. Water Replacement Source: 1) A description of the surface and well water rights and its anticipated yield, when converted, to be used as replacement for the water consumed in the MINING operation. 2) Projections as to the timing of replacements to the river system from these sources. 3) A description of methods proposed to monitor, prevent and mitigate against direct injury to users for wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts. Upon receipt of this information (along with the other items we discussed)—we can set up the application. Sincerely, — —>n. , z/13, SChris Gathman Q_ , .. .D.;,..,` ` 'T `-�'/ c Planner III wo•AU ?e_rSo,� C] L0 "..) --\\_t) Sea_ Weld County Department of Planning Services 1 t55 N. 17th Avenue,Greeley CO. 80631 `>' Ca, �c" \ ` z L_ S (970)353-6100 ext.3537 ) x: (970)304-6498 °r �`�"� "" C;\'CS S S' � L Et-o N-- L SC St S 1 Chris Gathman m: Chris Gathman nt: Tuesday, February 22, 2011 1:21 PM 'pam.hora@tetratech.com' Subject: RE: water(for just mining or post reclamation as well) Pam, I looked at our code, some previous mining applications and discussed this with some of our staff.The water requirements listed in the code application requirements refers to water usage during mining and not during post- mining. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 tld IQII El0.4.CUUN TY Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. S 1 Chris Gathman m: Michelle Martin nt: Tuesday, February 22, 2011 1:19 PM Chris Gathman ubject: RE: Gravel Mining Water Supply info. Question Attachments: image004.png; image002.png I agree with you Chris. The water component should only address during the mining operation and not post mining. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartinPco.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 AA E '5 'r ti it N''r u- Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise 11 tected from disclosure. If you have received this communication in error, please immediately notify sender by return ail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the ntents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Tuesday, February 22, 2011 11:52 AM To: Kim Ogle; Tom Parko; Michelle Martin Subject: Gravel Mining Water Supply info. Question The Weld County Code Mining Application Requirements read: 14. The application should address the following items: a. Water Consumption: I) An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out. 2) The analysis should address the amount of water consumed in the MINING and processing of the material, including dust suppression. 3)The analysis should address the issue of water consumed for domestic purposes by onsite staff. 4)The analysis should address the issue of evaporative losses consumed from exposed groundwater, including a discussion of the feasibility of lining. ater Replacement Source: 1 I) A description of the surface and well water rights and its anticipated yield, when converted, to be used as replacement for the water consumed in the MINING operation. 2) Projections as to the timing of replacements to the river system from these sources. 3) A description of methods proposed to monitor, prevent and mitigate against direct injury to users for wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts. MINING: The act of recovering mineral, sand, gravel, quarry, coal or other resources from the ground. MINING shall include, but not be limited to, recovery of the resources by processing on site (including "in-situ," solution, and other extractive methods), open pit excavation,wet or dry pit excavation and subterranean excavation. QUESTION: Does the applicant have to address water consumption/replacement post mining/reclamation? -To me it looks like water needs to be addressed during mining and not necessarily post mining (reclamation)—What does staff think? Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 BSI 7311 F (y.../c,- i}Nl f Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. S 2 Chris Gathman m: Kim Ogle nt: Tuesday, February 22, 2011 12:36 PM Chris Gathman; Michelle Martin; Tom Parko Subject: RE: Gravel Mining Water Supply info. Question Attachments: image004.png; image002.png Chris In my experience the water issue was always for the mining component, [water needs to be addressed during mining and not necessarily post mining (reclamation)] as the Reclamation plan is approved through action by the State, i.e., for the release of the Bond. I do not recall the issue of post mining water coming into effect unless it is for augmentation. Kim Kim Ogle Planner Ill Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 Iter, W ECO../Ct)bN?Y u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Tuesday, February 22, 2011 11:52 AM To: Kim Ogle; Tom Parko; Michelle Martin Subject: Gravel Mining Water Supply info. Question The Weld County Code Mining Application Requirements read: 14. The application should address the following items: a. Water Consumption: 1) An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out. 2) The analysis should address the amount of water consumed in the MINING and processing of the material, including dust suppression. 1 3)The analysis should address the issue of water consumed for domestic purposes by onsite staff. 4) The analysis should address the issue of evaporative losses consumed from exposed groundwater, including a 11 discussion of the feasibility of lining. Water Replacement Source: 1) A description of the surface and well water rights and its anticipated yield, when converted, to be used as replacement for the water consumed in the MINING operation. 2) Projections as to the timing of replacements to the river system from these sources. 3) A description of methods proposed to monitor, prevent and mitigate against direct injury to users for wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts. MINING: The act of recovering mineral, sand,gravel, quarry, coal or other resources from the ground. MINING shall include, but not be limited to, recovery of the resources by processing on site (including "in-situ," solution, and other extractive methods), open pit excavation, wet or dry pit excavation and subterranean excavation. QUESTION: Does the applicant have to address water consumption/replacement post mining/reclamation? -To me it looks like water needs to be addressed during mining and not necessarily post mining (reclamation)—What does staff think? I ris Gathman anner III eld County Department of Planning Services 55 N. 17th Avenue, Greeley CO. 80631 Ph:(970)353-6100 ext.3537 Fax: (970)304-6498 Ini 2011 w cc ,IN 7 u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. I 2 0 TETRA TECH February 25, 2011 Mr. Chris Gathman Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Response to Completeness Review Comments for Iverson Mine USR Application Dear Chris: We received the Completeness Review letter regarding the Iverson Mine USR application written by Kim Ogle on February 10, 2011. Below is a listing of each of Kim's comments followed by our responses. 1. 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. The project site is located on two parcels, 0805-34-0-00-0068 and 0805-34-0-00-069 owned by Tim and Jeanne Iverson.411 Lafarge understands that the completeness review is simply a content review of the submitted materials and not a technical review. It is also our understanding that with this submittal of additional requested information our application will be considered complete so that the County can complete their technical review. 2. The applicant shall provide a response to Application question number five (5) as outlined in Section 23-4-260.F of the Weld County Code. We have changed our response to question number five (5) on the application form from "None on this Property"to list Lafarge's Greeley 35th Avenue Mine which is permitted under USR-247, AmUSR-247 and 2"dAmUSR-247. Attached is a revised copy of the application form. 3. The applicant shall provide evidence of an Augmentation Plan as outlined in Section 23-4- 290.K of the Weld County Code. According to Section 23-4-290.K of the Code, Lafarge is required to present augmentation related documentation prior to recording the plat or at a time designated by the Board of County Commissioners. At this point, we are not aware of the County Commissioners 11 requiring this information be submitted prior to recording the plat; therefore, Lafarge submits that this information is not needed until prior to recording the plot. However, to provide the County with additional information, attached you will find a revised "Water Tel F,x "li J El Mr. Chris Gathman TETRA TECH February 25, 2011 Page 2 of 6 Consumption and Replacement"section for the application. The new information specifically addresses Section 23-4-260.6.14 of the Weld County Code regarding water consumption and replacement. 4. The applicant shall provide evidence of a Surface Use Agreement with Noble Energy, as outlined in Section 23-4-260.G.12. As indicated in our application behind the Mineral Rights Affidavit and Agreement tab, Lafarge and Noble are in the process of negotiating a Surface Use Agreement. As soon as that Agreement is finalized we will provide a copy to Weld County. 5. The applicant shall provide additional comment on the perimeter fencing components, referencing Section 23-4-290.G. Section 23-4-290.G states the following: "Prior to starting excavation in certain specific instances, as first determined by individual investigation by the Board of County Commissioners, where excavations are considered hazardous or otherwise harmful to nearby residents or to their property, the Board of County Commissioners may require the JP excavations to be fenced or that some other action be taken on the part of an operator in order to minimize the hazardous situation." As indicated in the Special Review Questionnaire portion of the USR application (a revised Questionnaire is attached—please see page 6 in response to CM Goal 4 and Criterion 5), the Cache La Poudre River is located on the west, north and east sides of the area to be mined and existing property fencing on the east and south sides of the Iverson property will help keep the public out of the active mining areas. Therefore, Lafarge does not feel additional fencing of the site will be necessary to keep the public out of the mining area. However, if the Board of County Commissioners disagrees with this and feels additional steps need to be taken to ensure the public's safety, Lafarge would be willing to post "No Trespassing"signs on the existing fence and along the river. 6. The applicant shall provide a comment specific to compliance with Section 23-4-290.J. Lafarge has adequate liability insurance for the Iverson Mine. A copy of their Certificate of Liability Insurance is attached. 7. It is requested that the applicant provide additional detail on the noise that will be generated on-site specific to the equipment. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying Zone district as delineated in Section 25-12-102, C.R.S., as provided by the Department of Public Health and I Environment. Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. Mr. Chris Gathman TETRA TECH February 25, 2011 Page 3 of 6 It is requested that the applicant provide an approximate noise level associated with equipment that will operate on and or from the site. Requested operating noise levels for Loaders, Dozers, Scrapers, Grader, Trackhoe and Water Truck, including the decibel reading for the back-up alarms. Also for the empty tray and loaded tray conveyor system associated with the conveyance of the resource to the Lafarge 35th Avenue Plant. Noise is an environmental health issue. We discussed these comments with Lauren Light in the Weld County Department of Environmental Health and she indicated that no additional noise generation information is needed for the Iverson Mine USR application to be considered complete and ready to review. 8. It is requested that the applicant provide written evidence of City of Greeley acknowledgement and approval to utilize property to the East of the proposed Iverson Mine to convey via a conveyor corridor of unknown dimension mineral resource materials to the Lafarge 35th Avenue Plant. Attached please find a copy of the Conveyor Access Agreement with the City of Greeley. This document was left out of the original USR application documents because the area is outside 1 the boundary of the USR and the documentation was not requested at our pre-application conference meeting with County Staff. If additional information is needed to understand how this easement relates to the proposed mine, please take a look at Exhibit C of the DRMS 112 Reclamation Permit application that was provided to the County along with the other USR application materials. In addition, the Reclamation Plan included in the USR application is the same plan submitted to the DRMS and so it too shows the relationship of this conveyor easement area to the Iverson Mine. 9. It is requested that the applicant provide written evidence of a railroad crossing agreement to convey materials across existing railroad right-of-way under the jurisdiction of the Great Western Railway of Colorado, LLC. This document should include the impacted area for the crossing of the conveyor including known dimension. Please provide the term for the crossing agreement, including the allowable construction of structures within said right-of- way. Attached please find a copy of the Private Road Crossing License Agreement negotiated between Lafarge and Great Western Railway of Colorado, LLC. Lafarge will execute the Agreement when they are ready to cross the railroad tracks with their conveyor. The reason they are waiting to execute the Agreement is that Great Western requires payment upon execution of the Agreement and Lafarge wants to defer this payment until the Iverson Mine application is approved by Weld County and the DRMS and they are ready to install the I conveyor over the railroad tracks. Therefore, also attached, is a letter from OmniTRAX, the management company for Great Western Railway confirming that they are in agreement that the License Agreement is ready to be executed and that Lafarge can construct their crossing as soon as Lafarge executes the Agreement and returns it to them. Like the • 0 Mr. Chris Gathman TETRA TECH February 25, 2011 Page 4 of 6 Conveyor Access Agreement with the City of Greeley, this documentation was not previously provided to the County because this area is outside the boundary of the USR; however, it is within the boundary of the DRMS permit and so additional information can be found by looking at Exhibit C of the DRMS application. 10. It is requested that the applicant address the post mining and post reclamation plan for the proposed conveyor corridor, including dismantling of all structures associated with the delivery of product to the Lafarge 35th Avenue Plant. Included in the USR application is a copy of the DRMS 112 Reclamation Permit Reclamation Plan map which shows the area on the City of Greeley property that Lafarge will disturb with the conveyor will be reseeded and reclaimed as upland. We have also added some additional text to the attached updated version of the Special Use Questionnaire in response to Criterion 1h to explain how this area will be reclaimed. Therefore, information regarding the post-mining plan (more commonly referred to as the reclamation plan) has been provided. We do not have a post-reclamation plan to provide to the County as it is up to the City of Greeley to decide how they will use their property post-reclamation. AP 11. It is requested that the applicant address the issue of importing mineral resource into the Lafarge 35th Avenue Plant. USR-247, Amended USR-247 and Second Amended USR-247 do not address this issue. Is it the intention of Lafarge to request such allowances under this application or by separate letter specific to Special Use Permit 247? Please clarify. Lafarge would like to address this issue separately from the Iverson Mine USR application; therefore, Anne Johnson is following-up with the County regarding this issue. 12. As a general comment, representatives for the Longmont, Colorado office of Tetra Tech have requested to be copied on all correspondence associated with this land use application. Please see the attached letter. For the purpose of having a single point of contact for this application, it is requested of the applicant to provide in writing their acknowledgement of the request of Tetra Tech Longmont to be copied on all correspondence regarding this application. Also, staff requests in writing who the primary contact is for the County application. Attached please find a letter from Anne Johnson dated February 11, 2011 regarding "Iverson Mine USR Application Main Point of Contact"in response to this request. 13. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. I a. Building permits shall be obtained prior to starting. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that t 0 Mr. Chris Gathman TETRA TECH February 25, 2011 Page 5 of 6 requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. b. Buildings shall conform to the requirements of the various codes adopted at the tiem of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. c. All building plans shall be submitted to the Greeley/Highland Hills Fire Protection District for review and approval prior to issue of Building Permits. Lafarge is not proposing any temporary or permanent buildings or structures that will require a building permit. The only temporary structures associated with the Iverson Mine site are a portable toilet and conveyors. 14. The Department of Environmental Health in their referral of February 4, 2011 indicated that the application is sufficient to submit. APNoted 15. The Department of Public Works in their referral dated February 9, 2011 states Public Works has adequate materials to review this submittal. Further, staff has reviewed the 7- Day Completeness Review documents and looked for five critical items: > Site Plan—Submitted > Traffic Study—Submitted > Preliminary Drainage Report—Submitted ➢ Geotechnical Report— Not Required > Flood Hazard Development Standards— Flood Hazard Development Permit submitted with USR. Please submit an additional copy of the Flood Hazard Development Permit package with all of the items required in the submittal checklist (available on the Public Works website) to be reviewed in the permitting process. Noted; the FHDP was included in the USR application package because according to the "Special Review (Mining Operation)Submittal Checklist" (dated 7-15-10) it is a submittal requirement. However, per Clay Kimmi's request we have provided Public Works with four binder clipped copies of the FHDP for their review separate from the USR application. Please note that the original signed FHDP application form was provided in the "originals" USR notebook that we submitted to Planning on February 1, 2011 and so we would ask the 1 Planning Department to provide this document to Public Works if they have not already done so. , I Mr. Chris Gathman TETRA TECH February 25, 2011 Page 6 of 6 16. 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. 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. This concludes Public Works evaluation of the submitted materials. This office will proceed with the application when the issues here have been addressed. Public Works did not have any completeness review comments other than their request for us to submit the FHDP application separate from the USR application. Four copies have been provided directly to Public Works. With the additional information that we are providing in response to Planning's comments, we assume the application will be deemed acceptable and promoted to the review phase of the planning process. In addition to the items specifically requested as part of the County's completeness review, we are attaching a few other items: • Notes from a neighborhood meeting/open house that we held regarding the project on 1 December 15, 2010. • A CD containing pdf copies of all of the documents that we have submitted as part of the Iverson Mine USR application so that you can send out referrals. • A check for$6461.20 to cover the USR application fee. We look forward to working with you on the processing of the Iverson Mine USR application. If you have any questions, please let me know. Sincerely, TETRA TTECH Pamela Franch Hora, AICP Senior Planner Attachments cc: Anne Johnson, Lafarge West, Inc. I P • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES • PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WELD -COUNTY 970-353-6100 EXT 3540 FAX 970-304-6498 kogle(a�co.weld.co.us February 10, 2011 Anne Best Johnson Lafarge West, Inc. 11409 Business Park Circle, Suite 200 Longmont, Colorado 80504 Subject: Completeness Review of Land Use Application Special Use Permit for the Iverson Mineral Resource Development Dear Ms. Johnson: •The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documents submitted for review post pre-application meeting • held in the offices of the Department of Planning Services on September 16, 2010. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the submitted materials and the supplemental materials and offers the following comment. 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. The project site is located on two parcels, 0805-34-0-00-068 and 0805-34-0-00-069 owned by Tim and Jeanne Iverson. The applicant shall provide a response to Application question number five (5) as outlined in Section 23-4-260.F of the Weld County Code. The applicant shall provide evidence of an Augmentation Plan as outlined in Section 23-4-290.K of the Weld County Code. The applicant shall provide evidence of a Surface Use Agreement with Noble Energy, as outlined in Section 23-4-260.G.12 — -'`�� t' f1C = . The applicant shall provide additional comment on the perimeter fencing components, referencing apection 23-4-290.G _ . , / ,c�ti ,, fl. 3" • The /applicant shall provide on comment specific to compliance with Section 23-4-290.J - +1�,?i,r } Y It is requested that the applicant provide additional detail on the noise that will be generated on-site specific to the equipment. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying Zone district as delineated in Section 25-12-102, • C.R.S., as provided by the Department of Public Health and Environment. Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. It is requested that the applicant provide an approximate noise level associated with the equipment that will operate on and or from the site. Requested operating noise levels for Loaders, Dozers, Scrapers, Grader, Trackhoe, and Water Truck, including the decibel reading for the back-up alarms. Also, for the empty tray and loaded tray conveyor system associated with the conveyance of the resource to the Lafarge 35th Avenue Plant. — L r°.)• '-'-, I. I— No-r : ,; V. F ...-, w/ (..):), c 2" C Ur-.w E 4'()'3:- . It is requested that the applicant provide written evidence of City of Greeley acknowledgement and approval to utilize property to the East of the proposed Iverson Mine to convey via a conveyor corridor of unknown dimension mineral resource materials to the Lafarge 35th Avenue Plant. (.,J� ha,A O,4,3 t . It is requested that the applicant provide written evidence of a railroad crossing agreement to convey materials across existing railroad right-of-way under the jurisdiction of Great Western Railway of Colorado, LLC. This document should include the impacted area for the crossing of the conveyor including known dimension. Please provide the term for the crossing agreement, including the allowable construction of structures within said right-of-way. — (}.)t. V\cu, . a if-fa a,;:,.A •;.Vra . It is requested that the applicant address the post mining and post reclamation plan for the proposed conveyor corridor, including dismantling of all structures associated with the delivery of product to the Lafarge 35th Avenue Plant. It is requested that the applicant address the issue of importing mineral resource into the Lafarge • 35th Avenue Plant. USR-247, Amended USR-247 and Second Amended USR-247 do not address this issue. Is it the intention of Lafarge to request such allowances under this application or by ,M o��,1, separate letter specific to Special Use Permit j #247?! Please clarify. _ wilt_ for - /.3i~S+._.. ,i 1:-., --'-r_, f-1 rsu;... SA e: '��"t-a,..ti. 1 A Aic. %e.) . c.\ .�. vc-5o.J As a general comment, representatives for the Longmont Colorado office of Tetratech, have - of requested to be copied on all correspondence associated with this land use application. Please see * '- +3 the attached letter. For the purpose of having a single point of contact for this application, it is .5;kg....: requested of the applicant to provide in writing their acknowledgement of the request of Tetratech Longmont to be copied on all correspondence regarding this application. Also, staff requests in ‘z),;...5 .,..s writing who the primary contact is for the County application. — No Shcycs,c�,Z- O The Department of Building Inspection will require building permits prior to construction of all ..1, Vi5 temporary and permanent facilities. 1`"S °"c fir« 3e loud 1. Building permits shall be obtained prior to starting. A plan review is required for each building or /NI. structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. Buildings shall conform to the requirements of the various codes adopted at the time of permit iiapplication. Currently the following has been adopted by Weld County: 2006 International Building Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 • International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. 1 3. All building plans shall be submitted to the Greeley/ Highland Hills Fire Protection District for review and approval prior to issue of Building Permits aThe Department of Environmental Health in their referral of February 4, 2011 indicated that the application is sufficient to submit. The Department of Public Works in their referral dated February 9, 2011 states Public Works has adequate materials to review this submittal. Further, staff has reviewed the 7-Day-Completeness Review documents and looked for five critical items: Site Plan — Submitted Y Traffic Study — Submitted Preliminary Drainage Report — Submitted Geotechnical Report— Not Required Flood Hazard Development Standards — Flood Hazard Development Permit submitted with USR. Please submit an additional copy of the Flood Hazard Development Permit package with all of the items required in the submittal checklist (available on the Public Works website) to be reviewed in the permitting process. 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. 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. This concludes Public Works evaluation of the submitted materials. This office will proceed with the eapplication when the issues here have been addressed. Should you have additional questions or require clarification on any of the points presented herein, . please contact this office. Thank you. Sincerely, • Kim le Planning Services ec: PA10-085 Planning Correspondence H. Hansen,PW L. Light, EH T. Parko, Planning • • • 1 8 6 I - 2011 DEPARTMENT OF PLANNING SERVICES • PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WELD-COUNTY 970-353-6100 EXT 3540 FAX 970-304-6498 koble@co.weld.co.us February 10, 2011 Anne Best Johnson Lafarge West, Inc. 11409 Business Park Circle, Suite 200 Longmont, Colorado 80504 Subject: Completeness Review of Land Use Application Special Use Permit for the Iverson Mineral Resource Development Dear Ms. Johnson: .The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documents submitted for review post pre-application meeting • held in the offices of the Department of Planning Services on September 16, 2010. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the submitted materials and the supplemental materials and offers the following comment. 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. The project site is located on two parcels, 0805-34-0-00-068 and 0805-34-0-00-069 owned by Tim and Jeanne Iverson. The applicant shall provide a response to Application question number five (5) as outlined in Section 23-4-260.F of the Weld County Code. The applicant shall provide evidence of an Augmentation Plan as outlined in Section 23-4-290.K of the Weld County Code. The applicant shall provide evidence of a Surface Use Agreement with Noble Energy, as outlined in Section 23-4-260.G.12 The applicant shall provide additional comment on the perimeter fencing components, referencing .Section 23-4-290.G The applicant shall provide on comment specific to compliance with Section 23-4-290.J It is requested that the applicant provide additional detail on the noise that will be generated on-site •specific to the equipment. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying Zone district as delineated in Section 25-12-102, • C.R.S., as provided by the Department of Public Health and Environment. Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. It is requested that the applicant provide an approximate noise level associated with the equipment that will operate on and or from the site. Requested operating noise levels for Loaders, Dozers, Scrapers, Grader, Trackhoe, and Water Truck, including the decibel reading for the back-up alarms. Also, for the empty tray and loaded tray conveyor system associated with the conveyance of the resource to the Lafarge 35th Avenue Plant. It is requested that the applicant provide written evidence of City of Greeley acknowledgement and approval to utilize property to the East of the proposed Iverson Mine to convey via a conveyor corridor of unknown dimension mineral resource materials to the Lafarge 35t" Avenue Plant. It is requested that the applicant provide written evidence of a railroad crossing agreement to convey materials across existing railroad right-of-way under the jurisdiction of Great Western Railway of Colorado, LLC. This document should include the impacted area for the crossing of the conveyor including known dimension. Please provide the term for the crossing agreement, including the allowable construction of structures within said right-of-way. It is requested that the applicant address the post mining and post reclamation plan for the proposed conveyor corridor, including dismantling of all structures associated with the delivery of product to "'the Lafarge 35th Avenue Plant. It is requested that the applicant address the issue of importing mineral resource into the Lafarge • 351h Avenue Plant. USR-247, Amended USR-247 and Second Amended USR-247 do not address this issue. Is it the intention of Lafarge to request such allowances under this application or by separate letter specific to Special Use Permit#247? Please clarify. As a general comment, representatives for the Longmont Colorado office of Tetratech, have requested to be copied on all correspondence associated with this land use application. Please see the attached letter. For the purpose of having a single point of contact for this application, it is requested of the applicant to provide in writing their acknowledgement of the request of Tetratech Longmont to be copied on all correspondence regarding this application. Also, staff requests in writing who the primary contact is for the County application. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. 1. Building permits shall be obtained prior to starting. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. 2. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 • International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. 3. All building plans shall be submitted to the Greeley/ Highland Hills Fire Protection District for • review and approval prior to issue of Building Permits •The Department of Environmental Health in their referral of February 4, 2011 indicated that the application is sufficient to submit. The Department of Public Works in their referral dated February 9, 2011 states Public Works has adequate materials to review this submittal. Further, staff has reviewed the 7-Day Completeness Review documents and looked for five critical items: • Site Plan — Submitted ➢ Traffic Study— Submitted fr Preliminary Drainage Report — Submitted • Geotechnical Report — Not Required fr Flood Hazard Development Standards — Flood Hazard Development Permit submitted with USR. Please submit an additional copy of the Flood Hazard Development Permit package with all of the items required in the submittal checklist (available on the Public Works website) to be reviewed in the permitting process. 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. 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. This concludes Public Works evaluation of the submitted materials. This office will proceed with the *application when the issues here have been addressed. Should you have additional questions or require clarification on any of the points presented herein, • please contact this office. Thank you. Sincerely, Kim le Planning Services ec: PA10-085 Planning Correspondence H. Hansen, PW L. Light, EH T. Parko, Planning • • 0 TETRA TECH February 1, 2011 Mr. Kim Ogle Weld County Planning 1555 N. 17th Avenue Greeley, CO 80631 RE: Completeness Review Submittal for Iverson Mine Use by Special Review Application Dear Kim: Attached please find four copies of the Iverson Mine Use by Special Review Application for your completeness review. The applicant for this application is Lafarge West, Inc. and their primary contact is Anne Johnson. However, I would appreciate it if you could please copy me on any correspondence related this application. For your convenience, my contact information is listed below. Ill Pamela Franch Hora, AICP Tetra Tech 1900 S. Sunset Street, Suite IF Longmont, CO 80501 Phone: 720-864-4507 Fax: 303-772-7039 Email: pam.horana,tetratech.com Thank you for your consideration. We look forward to hearing from you and working with you on this application. Sincerely, TET TECH P�ela Franch Hora, AICP Senior Planner Attachments P5235' 151 3 3-23 51 I-10002 Deliverables\Weld Coumy\Application Package\0I Cover TOC Tabs\Completeness Review cover letter.doc 1900 S.Sunset Street,Suite I-F Longmont,CO 80501 Tel 303772.5282 Fax 3037727039 wwwtetratech_corn • 1861 -2011 MEMORANDUM W EL - o N T Y To: Case File: PA10-085 — Lafarge West inc. UFrom: Kim Ogle, Planning Services Subject: 7-day completeness Review for Iverson Mine Date: February 2, 2011 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. The project site is located on two parcels, 0805-34-0-00-068 and 0805-34-0-00-069 owned by Tim and Jeanne Iverson The applicant shall provide a response to Application question number five (5) as outlined in Section 23-4-260.F of the Weld County Code. The applicant shall provide evidence of an Augmentation Plan as outlined in Section 23-4-290.K • of the Weld County Code. • The applicant shall provide evidence of a Surface Use Agreement with Noble Energy, as outlined in Section 23-4-260.G.12 The applicant shall provide additional comment on the perimeter fencing components, referencing Section 23-4-290.G The applicant shall provide on comment specific to compliance with Section 23-4-290.J It is requested that the applicant provide additional detail on the noise that will be generated on- site specific to the equipment. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying Zone district as delineated in Section 25-12-102, C.R.S., as provided by the Department of Public Health and Environment. Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. It is requested that the applicant provide an approximate noise level associated with the equipment that will operate on and or from the site. Requested operating noise levels for Loaders, Dozers, Scrapers, Grader, Trackhoe, and Water Truck, including the decibel reading for the back-up alarms. Also, for the empty tray and loaded tray conveyor system associated with the conveyance of the resource to the Lafarge 35th Avenue Plant. It is requested that the applicant provide written evidence of City of Greeley acknowledgement • and approval to utilize property to the East of the proposed Iverson Mine to convey via a • SERVICE,TEAMWORK,INTEGRITY,QUALITY • conveyor corridor of unknown dimension mineral resource materials to the Lafarge 35th Avenue Plant. • It is requested that the applicant provide written evidence of a railroad crossing agreement to convey materials across existing railroad right-of-way under the jurisdiction of Great Western Railway of Colorado, LLC. This document should include the impacted area for the crossing of the conveyor including known dimension. Please provide the term for the crossing agreement, including the allowable construction of structures within said right-of-way. It is requested that the applicant address the post mining and post reclamation plan for the proposed conveyor corridor, including dismantling of all structures associated with the delivery of product to the Lafarge 35th Avenue Plant. It is requested that the applicant address the issue of importing mineral resource into the Lafarge 35th Avenue Plant. USR-247, Amended USR-247 and Second Amended USR-247 do not address this issue. Is it the intention of Lafarge to request such allowances under this application or by separate letter specific to Special Use Permit#247? Please clarify. • • • • SERVICE,TEAMWORK,INTEGRITY,QUALITY 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA10-085 Applicant: Lafarge West Inc. do Anne Johnson Case#: Pending USR- Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A(Agricultural) Zone District Legal Description: E2 SW4, W2 SE4, E2 NW4 and W2 NE4 Section 34, T6N, R66W of the 6'h P.M Weld County, Colorado Location: North of and adjacent to "F" Street, approximately 0.5 miles East of North 59th Avenue Size of Parcel: 83 +/-acres, Mined Area: 64.3 acres +/- Parcel Number: 0805-34-0-00-069 RETAIN PACKET AS ENTIRE APPLICATION 41/� Public Works o Health o Building c Planning Narrative: Applicant is proposing to mine approximately 64 acres for mineral resource with an easement agreement with the City of Greeley to be able to convey material from the subject site to Lafarge's existing 351h Avenue Mine Plant site. Potentially, the applicants may also acquire property adjacent to and north of the site (BB & Brown properties). If the applicants are successful, the material would be possibly conveyed as well along the Great Western Railroad right-of-way. Comments: Date: February 2, 2011 Comments Due No Later than February 9, 2011 Questions, call, thanks Kim, x 3549 RECEIVED /F�EB 1 4 2011 MF M O RAN D �7 {[(�my Planning Department laltEEIEY OFFICE WITO:l Kim Ogle, Planning Services DATE: February 9, 2011 `DC� FROM: Heidi Hansen, P.E., Public Works Department j COLORADO SUBJECT: 7-Day Completeness Review— Lafarge West do Anne Johnson I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan— Submitted ➢ Traffic Study— Submitted Preliminary Drainage Report—Submitted ➢ Geotechnical Report—Not Required Flood Hazard Development Standards — Flood Hazard Development Permit submitted with USR. Please submit an additional copy of the Flood Hazard Development Permit package with all of the items required in the submittal checklist(available on the Public Works website) to be reviewed in the permitting process. 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. 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. Public Works has adequate information to review this submittal. pc: 7-Day Completeness, Iverson Mine S U:\Referrals\7-Day Completeness\Iverson Mine\PW-Iverson Mine 7-Day.docx • 7-Day Completeness Review • PRE-APPLICATION MEETING NOTES: PA10-085 Applicant: Lafarge West Inc. do Anne Johnson Case#: Pending USR- Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A(Agricultural) Zone District Legal Description: E2 SW4, W2 SE4, E2 NW4 and W2 NE4 Section 34, T6N, R66W of the 6th P.M Weld County, Colorado Location: North of and adjacent to "F" Street, approximately 0.5 miles East of North 59th Avenue Size of Parcel: 83 +/- acres, Mined Area: 64.3 acres +/- Parcel Number: 0805-34-0-00-069 RETAIN PACKET AS ENTIRE APPLICATION ❑ Public Works n Health Ir Building ❑ Planning Narrative: • Applicant is proposing to mine approximately 64 acres for mineral resource with an easement agreement with the City of Greeley to be able to convey material from the subject site to Lafarge's existing 35th Avenue Mine Plant site. • Potentially, the applicants may also acquire property adjacent to and north of the site (BB & Brown properties). If the applicants are successful, the material would be possibly conveyed as well along the Great Western Railroad right-of-way. Comments: 1. Building permits shall be obtained prior to starting. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. 2. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. 3. All building plans shall be submitted to the Greeley/Highland Hills Fire Protection District for review and approval prior to issue of Building Permits Date: February 2, 2011 Comments Due No Later than February 9, 2011 Questions, call, thanks Kim, x 3549 I 1/4• • i • • #1*\'"441; MEMORANDUM WI TO: PA10-085; Case File, pre-application COLORADO DATE: September 16, 2010 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for mining operation Attendees: Anne Johnson, LaFarge West, Inc. Pam Flora, Tetra Tech Jeff Butson, Tetra Tech Heidi Hansen, Public Works Kim Ogle, Planning Tom Parko, Planning Kris Ranslem, Planning • On Thursday, September 16, 2010 an informal discussion took place at the Greeley • Administrative Offices Conference Room regarding a proposed mining operation. (The legal description is Part of the W2SE4NW4 and Part of Section 34, all located in T6N, R66W of the 6th P.M.) Background Information: The applicants are proposing to mine approximately 60 acres for mineral resource with an easement agreement with the City of Greeley to be able to convey material from the subject sites to Lafarge's existing 35th Avenue Mine Plant site. Potentially, the applicants may also acquire property adjacent to and north of the site (BB & Brown properties). If the applicants are successful,the material would be possibly conveyed as well along the Great Western Railroad right-of-way. Public Works Prior to release of DRMS permit, the applicants will need to submit a LOMR. Staff directed the applicants to talk with Clay Kimmi, Public Works, at 970-304-6496 ext. 3741 for requirements regarding the Drainage Plan. Staff indicated that if the applicants are on a tight timeline, a Final Drainage Plan may be submitted. The applicants indicated that the concrete bridge located in the access should be able to support the equipment coming in for the operation of the mine. • The majority of the site is located with a designated floodplain. • No traffic study is required; however the applicants will need to submit an estimated number of trips per day. Planning Department • The applicants indicated that the easement for the conveyor is not a recorded document; however it is executed by both Lafarge and the City of Greeley. • The applicants stated that they expect 1.6 million ton of mineral resource and the life of the mine will depend upon market conditions (2-10 years possibly). The applicants indicated that the conveyors would be elevated to cross the Railroad's right-of-way. The applicant indicated that they are meeting with Noble Energy and anticipates obtaining an agreement prior to submittal of land use applications. According to County Interpretation of Senate Bill 35, the USR boundaries are required to encumber the entire parcel. The applicants expressed concern over having the Iverson's property covered under the USR boundary as they do not wish to be liable for any issues, such as violations, etc. The discussion concluded that an agreement between the applicants and Iverson's would be crafted to absolve the applicants from any issues with the property. The applicants indicated that a part-time employee would be at the site upon operation. The hours of operation would be 1 hour on either side of sun-up or sun-down. The applicants are not proposing a slurry wall. The area will be dewatered and pumped out; however the destination is not currently determined. • Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 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. • • • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY, CO 80631 PHONE:970-353-6100, EXT.3540/FAX: 970-304-6498 Date: M.,f. 20 Receipt No. g 5 3 7 7 Received From: �� r. t �� T� {; Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-U� J`a1— row i,.,� �,-s 7jT ) 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD • 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ❑CASH)CHECK NO. -> ,N i1 ❑CREDIT CARD TOTAL FEE , . •`' Receipted By:h, /o.Y};/4__. DL# Exp. SP WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 171H AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX:970-304-6498 Date: F.' . 20 !' Receipt No. 1 5 r " Received From A • — , '_ • Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR ) • , i 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS { 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ❑CASH pCHECK NO. r' ❑CREDIT CARD TOTAL FEE . - I I Receipted By: - . _ DL# \' t; Exp. I VS APPLICATION LONG FLOW SHEET iI Illy APPLICANT: La Farge West Inc. CASE #: USR-1779 REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (Dry Mining) in the A (Agricultural) Zone District. LEGAL: Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the W2NE4 of Section 34, T6N, R66W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to F Street and approximately 1.25 miles west of 35th Avenue PARCEL ID#: 080534000082, 080534000068 & 080534000069 ACRES: +/-83.06 acres To be completed by Planner: Date By Application Received 2/25/2011 CG PC Hearing Action: Utility Board Date Design Review Date Application Complete and Sent to Office Tech PC Sign to be Posted By: Field Check and Sign Posted IICC Hearing Action: CC Sign to be Posted By: CC Sign Posted To be completed by Office Tech: Date (Sent) Date (Due) By Referrals *.:21/i kg- Certified Mail to: 1 Letter to Applicant ' / Chaindexed .(___. ( Surrounding Property/Mineral Owners Notified Date Legal Notice Sent to County Newspaper Date Legal Notice to be Published in County Newspaper File Completed and given to Planner To be completed by CAD Tech: Date By Plat Recorded and Filed J Overlay Districts — Zoning Agricultural Geologic Yes No X Airport Yes No_X_ Flood Hazard Yes_X_ No Panel #080266 Hello