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Weld County Code Compliance, referral dated October 25, 2010
Town of Grover, referral dated November 11, 2010
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COLORADO
LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR-1767 Hearing Date: January 4, 2011
Applicant: Konig Ag Company, do Chris Rundall, Baseline Corporation
1536 Cole Boulevard, Suite 220; Golden, Colorado 80401
Request: A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facility including Open Pit Gravel Mining in the A
(Agricultural) Zone District.
Legal Description: All of the NW4 Section 11, Township 10 North, Range 62 West; of the 6th P.M.,
Weld County, Colorado
• Location: South of and adjacent to County Road 120 and East of and adjacent to County
Road 81
Size of Parcel: +/- 160 Acres, Borrow Pit: +/- 35 acres
Parcel Number: 0293-11-0-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies without
comment:
• West Greeley Soil Conservation District, referral dated October 24, 2010
• Weld County Code Compliance, referral dated October 25, 2010
• Town of Grover, referral dated November 11, 2010
The Department of Planning Services' staff has received responses from the following agencies with
comment:
• Weld County Department of Planning Services, Landscape referral dated October 24, 2010
• State of Colorado, Division of Water Resources, referral received October 25, 2010
4111 • Weld County Department of Public Works, referral dated November 22, 2010
Weld County Department of Public Health & Environment, referral dated November 24, 2010
Konig Mine--- Konig Ag Co., USR-1767 Page 1
• The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Department of Building Inspection
• Weld County Sheriff's Office
• Pawnee Fire Protection District
• State of Colorado, Division of Wildlife
• School District RE-12
•
•
Konig Mine--- Konig Ag Co., USR-1767 Page 2
• // 6 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Kim Ogle
Case Number: USR-1767 Hearing Date: January 4, 2011
Applicant: Konig Ag Company, do Chris Rundall, Baseline Corporation
1536 Cole Boulevard, Suite 220; Golden, Colorado 80401
Request: A Site Specific Development Plan and a Special Review Permit for
Mineral Resource Development Facility including Open Pit Gravel Mining
in the A (Agricultural) Zone District.
Legal Description: All of the NW4 Section 11, Township 10 North, Range 62 West; of the
6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 120 and East of and adjacent to
County Road 81
• Size of Parcel: +/- 160 Acres, Borrow Pit: +/- 35 acres
Parcel Number: 0293-11-0-00-002
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.B (CM.Goal 2) states, "Promote the reasonable and orderly
development of mineral resources."
According to the Weld County Sand, Gravel Resources map dated July 1, 1975,
the Northern part of the property is classified as U-4 (Upland deposits —
unevaluated course and fine aggregate resources). The application materials
indicated that approximately 10 feet of sand, gravel and stones underneath 6 to 8
inches of overburden topsoil is located on the site.
• Section 22-5-80.B (CM.Goal 3) states, "Minimize the impacts of surface mining
activities on surrounding land uses, roads and highways."
Konig Mine---Konig Ag Co., USR-1767 Page 16
• The application proposes to extract the mineral resource within a 35 acre borrow
area in the middle of the 160 acre property. The multiple linear berms planted
with a dryland seed mixture will assist in preventing wind and moisture erosion
and to create visual interest. Proposed access to the site will be located off of
County Road 81 via an internal access into the site.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations
conform to federal, state and local environmental standards."
CM.Policy 4.1.5. Require, where possible, that batch plants and processing
equipment be buffered from adjacent uses.
There is no processing occurring on site, this is strictly a borrow mine.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides
for a Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facility including Open Pit Gravel 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 site is surrounded by dryland pasture
lands and limited agricultural, and rural residential uses. There are large tracts of
land in the near vicinity.
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 proposed site is located
within the 3-mile referral area of the Town of Grover.. The Town of Grover did not
return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the
Weld County Code. The proposal is not located within the Flood Hazard Overlay
District area..
Effective January 1, 2003, Building Permits issued on the subject site will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee and
the Storm water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The subject site is primarily classified as "Prime" and "Irrigated Prime" land as
delineated on the Important Farmlands of Weld County map, dated 1979.
Section 22-5-80A.1.CM.Policy 1.1. states "Access to future mineral resource
development areas should be considered in all land use decisions in accordance
with state law. No County governmental authority which has control over zoning
shall, by zoning, rezoning, granting a variance or other official action or inaction,
•
permit the use of any area known to contain a commercial mineral deposit in a
Konig Mine--- Konig Ag Co., USR-1767 Page 16
• manner which would interfere with the present or future extraction of such
deposit by an extractor".
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld
County Code), Operation Standards (Section 23-2-250 of the Weld County
Code), Conditions of Approval, and Development Standards ensure that there
are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open-mining have been
addressed through this application and the Development Standards will ensure
compliance with Section 23-4-250 Weld County Code.
The Department of Planning Services recommends that the following conditions of approval and
development standards be attached:
1. Prior to recording the plat:
A. The applicant shall addrezc the request of the Department of Planning Services
(Landscape Referral) dated October 2/1, 2010.-Written evidence of such shall be
provided to the Department of Planning Services. (Department of Planning
Services)
B. County Road 81 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 the existing right-of-way and the documents creating the
right-of-way. The applicant shall verify the proposed right-of-way and the
• documents creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. County Road 81 is maintained by Weld County. (Department of
Public Works)
C. County Road 120 is designated on the Weld County Road Classification Plan as
a collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the
plat as future County Road 120 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
D. The applicant shall address the requirements (concerns) of the Department of
Public Works, as stated in their referral response dated November 22 2010.
Evidence of approval shall be submitted in writing to the Department of Planning
Services. (Department of Planning Services)
E. An Improvements Agreement between the Applicant and the County will be
required for this project. It will detail the approved haul route(s), any onsite and
offsite requirements, and a maintenance agreement for the haul routes.
Intersection improvements will be needed at the intersection of WCR 81 and
WCR 120 and shall include a paved apron with sufficient turning radiuses for
large trucks. Road maintenance will also be required including possible dust
control on WCR 81 triggered by traffic counts. (Departments of Public Works and
Planning Services)
• F. Should improvements be required within the public right-of-way, or a special
Konig Mine--- Konig Ag Co., USR-1767 Page 16
• transport permit for oversized or overweight vehicles that may access the site
please contact the Utility Coordinator for Weld County Public Works, for the
appropriate permit. (Department of Public Works)
C. The applicant shall addre,e the requirements (concerns) of the Department of
Natural Resources, Division of Water Resources, Office of the State Engineer, as
stated in their referral response dated October 25, 2010. Evidence of approval
shall be submitted in writing to the Department of Planning Services. (Division of
Water-Resources)
H. The applicant shall submit evidence of an Air Pollution Emis..ion Notice
(A.P.E.N.) and Emis ions Permit application from the Air Pollution Control
Alternately, the applicant can provide evidence from the APCD that they are not
h'oM fn YL.oco r onfc C..'.F..n.o r.F., -.I cf.-.II do c tim iYorl ' .r"Y'n
to the Department of Planning Services. (Department of Public H alth &
Env-iron-men-4
4. Submit documentation to Environmental Health Services, Weld County
Department of Public Health & Environment indicating that a permanent water
source is available for sanitary uses. Evidence of approval shall be submitted in
writing to the Department of Planning Services. (Department of Public Health &
Environment)
J. In the event washing of vehicles will occur on site the applicant shall ensure that
any vehicle washing area(s) shall capture all effluent and prevent discharges
from the washing of vehicles in accordance with the Rules and Regulations of the
• Water Quality Control Commission, and the Environmental Protection Agency.
Vehicle washing areas should be designated on the plat. Evidence of approval
shall be submitted in writing to the Department of Planning Services.
(Department of Public Health & Environment)
K. In the event that 1 or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a stormwater discharge permit
from the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Evidence of approval shall be submitted in writing to
the Department of Planning Services. (Department of Public Health &
Environment)
L. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1767. (Department of
Planning Services)
2. The location of any on-site signs. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning
Services)
4.
5. If exterior lighting is a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld County
Code. (Department of Planning Services)
6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of
.
trash collection areas. Areas used for storage or trash collection shall be
screened from adjacent public rights-of-way and all adjacent properties.
Konig Mine---Konig Ag Co., USR-1767 Page 16
• These areas shall be designed and used in a manner that will prevent
wind or animal scattered trash. (Department of Planning Services)
2. Prior to Operation:
A. The applicant shall install a stop sign at the exit of the pit approach onto County
Road 81. (Department of Planning Services)
B. An individual sewage disposal system is required and shall be installed according
to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
3. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder. (Department of Planning Services)
4. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded
in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-
260.D of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within thirty (30) days from the date of the Board of County Commissioners
resolution. The applicant shall be responsible for paying the recording fee. (Department
of Planning Services)
5. The 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 thirty (30) 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
•
Konig Mine---Konig Ag Co., USR-1767 Page 16
. SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KONIG MINE-KONIG AG CO.
USR-1767
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facility including Open Pit Gravel Mining in the A (Agricultural) Zone
District subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department
of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. (Department of Public Health and Environment)
• 6. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
7. Any vehicle washing area(s) 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)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved "dust abatement plan", at all
times. (Department of Public Health and Environment)
9. 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)
10. Adequate drinking, hand washing and toilet facilities, bottled water and port-a-lets are
acceptable, shall be provided for all personnel located at or entering the facility.
(Department of Public Health and Environment)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
for personnel located at the facility. (Department of Public Health and Environment}
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public
Health and Environment)
• 13. Portable toilets may be utilized on sites that are temporary locations of the working face.
(Department of Public Health and Environment)
Konig Mine--- Konig Ag Co., USR-1767 Page 16
• 14. Bottled water shall be provided to employees at the temporary locations of the working
face. (Department of Public Health and Environment)
15. 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)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division.
(Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety. (Department of Public Health and
Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with or constructed as
traffic control devices. (Department of Planning Services)
20. 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)
21. The number of employees on-site at one time shall not exceed three (3). (Department of
Planning Services)
22. Existing 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)
23. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over
the reclaimed areas. (Department of Planning Services)
24. Should noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180. (Department of Planning Services)
25. 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)
• 26. The site must take into consideration storm water capture/quantity and provide
accordingly for best management practices. (Department of Public Works)
Konig Mine--- Konig Ag Co., USR-1767 Page 16
• 27. The screening on site shall be maintained in accordance with the approved Screening
Plan. (Department of Planning Services)
28. Building permits will be required for all new structures prior to construction.
29. A plan review is required for each building. Plans will require the wet stamp of a
Colorado registered architect or engineer.
30. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
31. A letter of approval from the Pawnee Fire Protection District is required prior to issuing of
building permits.
32. Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
33. Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
• 36. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250, Weld County Code.
37. 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.
38. 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.
39. 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)
40. 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)
Konig Mine--- Konig Ag Co., USR-1767 Page 16
41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
• agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize and accept there are drawbacks, including
conflicts with long-standing agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well-run agricultural activities will generate off-site impacts, including noise from tractors
and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field
work, harvest and gravel roads; odor from animal confinement, silage and manure;
smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting
sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
• unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and residents
must realize they cannot take water from irrigation ditches, lakes, or other structures,
unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in
size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the distances
which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many
cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
•
Konig Mine--- Konig Ag Co., USR-1767 Page 16
• DEPARTMENT OF PLANNING SERVICES
' a 1555 N 17th AVE
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Elk
COLORADO
December 3, 2010
Chris Rundall
Baseline Corporation
Pentagon West Building
2740 Acre Lane, Ste 205
Steamboat Springs, CO 80487
Subject: USR-1767- A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility, including Open Pit Gravel Mining (Konig borrow mine), in the A(Agricultural)Zone District on a
parcel of land described as NW4 of Section 11,T10N, R62W of the 6th P.M., Weld County, Colorado.
• Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 2, 2011, at 1:30 p.m. This
meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'h Street, Greeley, Colorado.
A subsequent hearing will be held on January 19, 2011 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10th 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
http://vvww.co.weld.co.us/Departments/PlanninqZoninqfPlanninqDepartment/index.html
If you have any questions concerning this matter, please call.
Respectfully,
)111'1411
/\ Reasollyn: signed by Kristine this om
"I . -5(LJ_j1 Reason: signed authornedocument
Ransle
Location:1555 N 17th Ave
Date:2010.12.03 16:0440-07'00'
• Kim Ogle
Planner
PLANNING COMMISSION AND BOARD OF COUNTY
COMMISSIONERS' SIGN POSTING CERTIFICATE
•
THE LAST DAY TO POST THE SIGN IS DECEMBER 22, 2010 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL
RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING [KONIG
BORROW MINE] IN THE A (AGRICULTURAL) ZONE DISTRICT C/O MICHAEL KONIG,
APPLICANT
KIM OGLE
Name of Person Posting Sign
• Signaturetbhperson Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD ) / ty" t
The foregoing instrument was subscribed and sworn to me this day /� , 2011.
WITNESS my hand and official seal.
DOA h bt/L
Notary Public { BILLIE J. MOORS ll
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires: '/deri/� J _—. -
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•
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III
Kristine Ranslem
From: Kristine Ranslem
"lent: Wednesday, October 27, 2010 11:33 AM
i o: 'Erich Ehrlich'
Subject: USR-1767 Field Inspection
Attachments: usr1767.docx
We have just received a case (USR-1767) in which we ask that you submit the attached field
inspection sheet to us by November 22, 2010. You may view the case material at:
http://www.co.weld.co.us/Departments/PlanningZoninq/PlanningDepartment/index.html#1767
If you have any questions, please let me know. Thank you!
KrLstL e 2 wsLew.
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
97O-353-61OO ext. 3519
•
•
1
Kristine Ranslem
�rom: Kristine Ranslem
,: Friday, October 22, 2010 4:19 PM
,v: 'Chris Rundall'
Subject: Case USR-1767
Attachments: usr1767.pdf
Please see the attached letter. Let us know if you have any questions. Thank you!
7±sfim RA2 vsLevv,
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
•
1
DEPARTMENT OF PLANNING SERVICES
•
1555 N 171"AVE
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970)304-6498
COLORADO
October 22, 2010
Chris Rundall
Baseline Corporation
Pentagon West Building
2740 Acre Lane, Ste 205
Steamboat Springs, CO 80487
Subject: USR-1767 - Request for a Site Specific Development Plan and Use by Special Review Permit
for a Mineral Resource Development Facility including Open Pit Gravel Mining (Borrow Mine)
in the A (Agricultural)Zone District(State Permit M-2010-055) on a parcel of land described as
NW4 of Section 11, T10N, R62W 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 Grover Planning Commission
for their review and comments. Please call Grover at 970-895-2213 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 Grover 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 rf Random
4 Reason: signed
by horof Ranslemhis
Location:1555 N 17th Ave
Date:2010.10.22 13:98:05-06'00'
Kim Ogle
Planner
•
l
October 18, 2010
Mr. Kim Ogle
Weld County Department of Planning Services ,,HET SELINE
1555 N. 17th Ave.
Greeley, CO 80631
Re: Konig Borrow Pit— Use By Special Review Application Completeness Review Response
Letter
Mr. Ogle:
The following are responses to each of the comments from your Completeness Review Letter
dated October 7, 2010.
Environmental Health
Comment: Permanent water and sewer is required per policy,for any operation that exceeds
6 months in operation. Temporary water and portable toilets are acceptable at
the working face of the mine.
Response: Due to the intermittent nature of the operation we propose to use temporary
water and portable toilets. The life of the pit will depend on local demand for
the fill dirt. The portable toilet will be removed from the site when
operations cease for extended periods of time. We understand that this issue
must be brought to the attention of the Planning Commissioners and the
Board of County Commissioners for their consideration.
Comment: A waste handling plan that stipulates which company will he responsible for
picking up trash is required.
Response: A waste handling plan is attached with the requested information.
Comment:: A dust abatement plan was not included in the application materials.
Response: A dust abatement plan is attached.
The Public Works Department
Comment: The applicant did not provide a drainage narrative quantifying off site drainage
and how it will be handled once it runs onto the site.
Response: The drainage letter is attached with the requested information.
Comment: Road Maintenance Agreement for heavy hauling will be associated with this V.V.
Response: This will be discussed once the County staff has provided what they propose
for the conditions of the Road Maintenance Agreement.
Comment: "Typical double cattle guards are required prior to entering on to county roads
from gravel approach roads that are not paved. The purpose of the double cattle
guards is that the truck tires will do a JUll rotation to lose mud and debris prior to
Corporate Headquarters High Plains Wyoming Rocky Mountains
�
nver West Office Park Building 4 Downtown Greeley Montgomery Building Pentagon West Building
536 Cole Boulevard,Suite 220 710 11t°Avenue,Suite 105 109 East 17"'Street.Suite 1 2740 Acre Lane,Suite 205
Golden Colorado 80401 Greeley,Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs, Colorado 80487
Ph 303.940.9966 Ph 970.353 7600 Ph 307.535.1734 Ph 970.879.1825
Fax 303.943.9959 Fax 970.353 7601 Fax 866.242.9106 Fax 866 242.9106
Pagel 2
County Completeness Review Response Letter.doc
entering on county gravel or paved road surfaces. A double cattle guard
• configuration shall be required.
Response: An additional cattle guard has been added to the maps and the Stormwater
Management Plan Report. These documents are attached.
Comment: In reviewing the cross sections on map 7, cross sections 1-3. The applicant needs
to he aware that there is a setback requirement in the agricultural zone of 20 feet
minimum from existing or ,future rights-of-way before you can start your 3:1
slopes.
Response: Acknowledged. We will make these adjustments to all plans as part of the
Technical Review revisions.
Comment: The applicant needs to identify on the plat drawing the vehicle tracking pad
located between the existing cattle guard and WCR 81.
Response: Per discussions with Clay Kimmi we have added a cattle guard to create a
double cattle guard and deleted the vehicle tracking pad.
Comment: Traffic Study - The applicant is proposing approximately 10 sph, based on that
volume a Traffic Study is not required at this time. All haul route traffic shall
enter and exit from the site traveling North on W( R 81. The trip distribution
travelling east and west is 50-50. In accordance with the Town of Grover,
requirements no trucks will he permitted to travel through the town. A Road
Improvements Agreement will be required.
Response: Acknowledge. Once again, the Road Improvements Agreement will be
discussed once the County staff has provided what they propose for the
conditions of this agreement.
• Confluent: Preliminary Drainage - The applicant did not provide a drainage narrative
quantifying the off-site drainage and how it will he handled once it runs onto the
mine site.
Response: A Drainage Letter with supporting calculations is attached.
Comment Given the proximity of the mine site to a dreanageway (Porter ('reek), the
applicant must describe how stormwater generated on-site will he handled. A
copy of the Stormwater Management Plan needs to he submitted.
Response: The Stormwater Management Plan Report is attached.
Comment Geotechnical Soil Report - A geotechnical soils report is not required for this site
at this time.
Response: Acknowledged.
Comment: Special Flood Hazard Area - The subject parcel has not been mapped by FEMA.
Response: Acknowledged.
Department of Planning Services
Comment: We request additional information on the number of employees. Application
questionnaire states 3 employees on site, yet there are multiple drivers of trucks
who will receive material and transport off-site. What are the numbers you
anticipate to deliver product off-site.
Response: We anticipate a maximum of 5 different truck drivers per day to deliver
product off-site.
Comment: Hours of operation are daylight hours, and is this a Monday-Friday operation or
also on weekends? Do the hours on the weekend remain the same?
•
Pagel 3
County Completeness Review Response Letter.doc
Response: Hours of operation arc proposed during daylight hours Monday thru
• Saturday.
Comment: Please identify the lire district in case ofonsite emergency.
Response: Pawnee Fire District 970-895-2237.
Comment: Please identify the waste hauler with name, address and telephone number.
Response: See attached Waste Handling Plan.
Comment: Please identif}' the oil and gas lease holders.
Response: See attached list of Mineral Rights Owners with particular mineral of
interest identified for each party.
Please let me know if you need additional information or have any questions.
Sincerely,
Burcal
Chris Rundall, PE..
•
•
October 18, 2010
• Mr. Clay Kimmi
fs
Weld County Public Works Department SELINE
1555 North 17th Ave.
Greeley, CO 80631
Re: Drainage Letter— Konig Borrow Pit
Mr. Kimmi,
The purpose of this letter is to document drainage conditions associated with the Konig Borrow
Pit Use by Special Review Permit application.
Background
The site is located in the NW 1/4 of Section 11, Township 10 North, Range 62 West of the 6th
P.M., Weld County, Colorado. The purpose of the proposed borrow pit is to extract fill dirt
material to be used for construction of access roads and pads for oil and gas operations in this
area. The proposed pit boundary is 35 acres and will be mined in two phases. Porter Creek is an
intermittent drainage located 950 feet to the east of the proposed pit boundary. This area has not
been mapped by FEMA. Refer to the Mining Plan and Reclamation Plan Maps for more
• information.
Off-Site Drainage
Attached is an Off-Site Drainage Map that shows the proposed pit boundary. location of adjacent
county roads, and delineation of the off-site drainage basins. Also attached are calculations for
off-site flows associated with these basins.
Basin O1 is approximately 6.3 acres and is located to the north and west of the pit. This basin is
bordered to the north by Weld County Road 120 which is a paved road. The south half of the
paved roadway is included in this basin. There is a roadside ditch along the south side of CR 120.
There are no cross culverts at the intersection of CR 120 and CR 81. There is no defined roadside
ditch along CR 81 in this area. Therefore it was assumed that flows will cross CR 81 and flow
towards the east within the existing depression located along the north boundary of the pit.
Flows within this basin are generally in a sheetflow condition to the southeast over moderately
sloping agricultural land. A diversion ditch will be constructed along the north side of the pit to
capture these off-site flows from basin O1 and prevent these flows from entering the pit. The
diversion ditch will transition back to existing grades at the north central corner of the pit
boundary, returning flow to existing conditions. This diversion ditch will be 1 foot deep with a 1
foot wide bottom and 3:1 sideslopes, which will convey the 100-yr flows for basin O1.
Basin O2 is approximately 2.3 acres and is located to the west and north of the pit. Again there
is no defined roadside ditch along CR 81 in this area. Therefore is assumed that flows from this
Corporate Headquarters High Plains Wyoming Rocky Mountains
*flyer West Office Park Building 4 Downtown Greeley Montgomery Building Pentagon West Building
36 Cole Boulevard,Suite 220 710 11th Avenue,Suite 105 109 East 17th Street,Suite 1 2740 Acre Lane,Suite 205
Golden,Colorado 80401 Greeley,Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs,Colorado 80487
Ph 303.940.9966 Ph 970.353.7600 Ph 307 635 1734 Ph 970.879.1825
Fax 303.940.9959 Fax 970.353 7601 Fax 866.242.9106 Fax 866.242.9106
Pagel 2
Konig Drainage Letter.doc
offsite basin will cross CR 81and flow into the pit. Flows within this basin are generally in a
• sheetflow condition to the southeast over moderately sloping agricultural land. These flows are
relatively minor and will be contained within the pit.
Basin O3 is approximately 0.9 acres and is located to the west of the pit and west of CR 81.
There is a defined roadside ditch in this area, approximately 1 foot deep with a 1% longitudinal
slope. Flows within this basin are generally in a sheetflow condition towards the roadside ditch,
then becoming concentrated flow. This ditch conveys the 100-yr flow from basin O3 to the
south along CR 81. Therefore 100-yr flows from this basin will not enter the pit.
Basin O4 is approximately 0.7 acres and is located to the west of the pit and east of CR 81. There
is a defined roadside ditch in this area, approximately 1 foot deep with a 1% longitudinal slope.
Flows within this basin are generally in a sheetflow condition towards the roadside ditch, then
becoming concentrated flow. "this ditch conveys the 100-yr flow from basin O4 to the south
along CR 81. Therefore 100-yr flows from this basin will not enter the pit.
On-Site Stormwater
For both mining phases 1 and 2 there will be two temporary sediment ponds constructed. There
will he diversion ditches or berms to capture stormwater and direct flows to each pond.
Calculations for pond sizing are attached.
With Phase 1 there will be flows entering the pit from the undisturbed phase 2 portion of the pit
and offsitc basin O2. Both phase 1 ponds have been sized for a volume of 1800 cf per acre of
• disturbed tributary area within the pit. The flows from the undisturbed phase 2 area and off-site
basin O2 will he captured within the pit by a topsoil berm constructed along the east edge of the
pit. At the south and north edge of the pit the berm will continue until tying in with the 5067
contour. A pump rated at 150 gpm with a floating suction line will discharge stormwater from
the ponds. The discharge rate of 150 gpm is below 1 cfs which will allow sufficient time for
settling within the ponds while also draining the ponds within the required 72 hours.
With Phase 2 there will he flows entering the pit from off--site basin O2 and captured within the
north pond. The phase 2 north pond has been sized for a volume of 1800 c.f. per acre of
disturbed tributary area within the pit and the off-site area from basin O2. The phase 2 south
pond is sized for the volume from the disturbed tributary area within the pit. There is no off-site
flows tributary to the south pond. Again, a pump rated at 150 gpm with a floating suction line
will discharge stormwater from the ponds. The discharge rate of 150 gpm is below 1 cfs which
will allow sufficient time for settling within the ponds while also draining the ponds within the
required 72 hours.
Refer to the drainage calculations. Mine Plan Map, Erosion Control Plan, and Stormwater
Management Plan Report for more information.
Conclusion
The proposed Konig Borrow Pit will not have any impacts on existing drainage patterns or
adversely affect downstream properties or structures.
•
. Pagel3
Konig Drainage Letter.doc
Feel free to contact me if you have any questions or need additional information.
• Sincerely.
Chris Rundall, PE
Il
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•
• .N4N\ ----'N\ 0 I )
, \ I
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o II
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----_______J !f
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• 1\ ,� �' 01 ---CR 120
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\ "..'/;/ '/j/ X4. /i. PROPOSED PIT BOUNDARY
It i 1 / /,. , • (
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i 4 op ' i / '� ,'
***\ I ,
DRAINAGE PLAN LEGEND NOTE: SEE DRAINAGE LETTER FOR DESCRIPTIONS
- - OFF-SITE DRAINAGE BASIN BOUNDARY OF CONVEYANCE FOR OFF-SITE BASINS. SEE
RECLAMATION PLAN MAP AND EROSION CONTROL
A A= BASIN DESIGNATION PLAN FOR MORE DETAIL-
8= BASIN AREA (ac)
n c C= 100—YR C—FACTOR N
D= 10—YR C—FACTOR
1 OFF-SITE DRAINAGE MAP
1
A SELINE, s << :� f. ....
L�E��GO s.:�tr46r Dote 0 ;C 13 1 C Sheet Number
..* enaineenns corporation -ii `u :C-' :gyp ;SCS; �:� »[�
Dwg Scale o 1".—530' I D
Project Nome 0 KU\!IO BORROW PIT "'•oject No 0 cc20108 U
BASELINE ENGINEERING CORP.
Land Use Planning Clvt.Design C.esiiltnn_v JDR NJ r.o20100
DEVELOPED"C"FACTORS
KONIG BORROW PIT
DESIGNED BY CSR
CHECKED BY RAB /01131/0
FILE. salts,wb3
GATE. 10i13ftp
LAND USE RUNOFF COEFFIENTS Area %of Total %Imp COMPOSITE C-Faders
Cz Cs Cm Goo (acres) Cs Cr Ow Cisc
BASIN 01 6.290 Acres
ROOF AREA 90% 071 0.73 0.75 081 0000 0.0% 000% 0.00 0.00 000 000
GRAVEL ROAD AREAS 40% 0.23 0.30 036 0.5 0412 6.5% 262% 0.02 002 0.02 003
AGRICULTURE AREAS 2% 002 008 0.16 0.36 5.727 91.1% 1 82% 002 007 0.15 033
ASPHALT AREAS 100% 0.89 09 092 096 0.151 24% 2.40% 002 0.02 0.02 0.02
TOTAL 6.290 100.0% 6.8% 0.05 0.11 0.19 0.38
BASIN 02 2.248 Acres
ROOF AREA 90% 0.71 0.73 075 081 0.000 0.0% 000% 0000 0.000 0.000 0.000
GRAVEL ROAD AREAS 40% 0.23 0.30 0.36 0.5 0.259 11.5% 4.61% 0.026 0035 0.041 0.058
AGRICULTURE AREAS 2% 002 008 016 0.36 1989 885% 1.77% 0018 0.071 0.142 0.319
ASPHALT AREAS 100% 0.89 0.9 0.92 0.96 0.000 0.0% 000°/ 0000 0.000 0.000 0000
TOTAL 2248 100.0% 6.4% 0.04 0.11 0.18 0.38
BASIN 03 0.918 Acres
ROOF AREA 90% 071 0.73 075 081 0.000 0.0% 000% 000 000 0.00 0.00
GRAVEL ROAD AREAS 40% 023 0.30 0.36 0.5 0.328 357% 1428% 008 0.11 0.13 0.18
AGRICULTURE AREAS 2% 002 0.08 016 0.36 0.590 64.3% 1.29% 0.01 0.05 0.10 0.23
ASPHALT AREAS 100% 089 09 0.92 0.96 0.000 0.0% 0.00% 0.00 0.00 0.00 000
TOTAL 0.918 100.0% 15.6% 0.09 0.16 0.23 0.41
BASIN 04 0 692 Acres
ROOF AREA 90% 071 0.73 075 0.01 0000 0.0% 0.00% 0.00 0.00 000 0.00
GRAVEL ROAD AREAS 40% 023 0.30 0.36 0.5 0.328 47.4% 18.55% 0.11 0.14 0.17 024
AGRICULTURE AREAS 2% 0.02 0.08 0.16 0.36 0.364 526% 1.05% 001 0.04 0.08 0.19
ASPHALT AREAS 100% 0.89 0.9 0.92 0.96 0000 00% 0.00% 0.00 0.00 0.00 0.00
TOTAL 0.692 100.0% 20.0% 0.12 0.18 0.25 0.43
' Percent Impervious taken
from Table RO-3 and Runoff
Coefficients taken from Table
RO-5 of the Urban Storm
Drainage Criteria Manual
Based on Soil Type B
•
•
BASELINE ENGINEERING CORP. JOB NO co20108
Lend Use Planning Civil Design Consultants
STANDARD FORM SF-2
Time of Concentration
KONIG BORROW PIT
DESIGNED BY CSR FILE. drainage cams wb3
CHECKED BY. RAB DATE. 13-Oct-10
Sub-Basin Data Initial/Overland Time Travel Time(G) I.Check(Urbanized) tc FINAL Remarks
Basin 05 AREA Length Slope ti Length Slope Vet— tt Total Len t0=(L/180)+10 to=t,+tl 'tn
ac ft % min ft % fps min ft min min min
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
O1 0.11 6 290 500 2.0% 32.1 636 1 3% 1.20 8 8 n/a n/a 40.9 40.9
O2 0.11 2.248 500 2 0% 32 4 115 2 0% 2.70 0 7 n/a n/a 33.1 33.1
O3 0 16 0 918 57 2.0% 10.3 885 0.7% 1.20 12 3 n/a n/a 22.6 22.6
O4 0.18 0 692 30 2 0% 7 3 885 0.7% 1.20 12 3 n/a n/a 19.6 19 6
' Minimum 5.0 minutes per UDFCD
** Velocity determined from UDFCD Chart RO-1
•
•
BASELINE ENGINEERING CORP. JOB NO co2g10!
Land Use Plannme.Cnil Design Consultants
STANDARD FORM SF-3
Storm Drainage System Design(Rational Method Procedure)
KONIG BORROW PIT
DESIGNED BV• CSR
CHECKED BY. RAB F1LE'drahege cal:,.;:: •
DATE: 13 Oct.10
10 YEAR
DIRECT RUNOFF TOTAL RUNOFF STREET PIPE TRAVEL TIME REMARKS
DP Basin , Area Runoff 4 CA I O to Sum(CA) 1 O Slope Flows Flows Slope Size Length Vel. 6
an Coll min ac _(n1hr cis atilt ac inlhr cfs % cfs cfs % in ft fps min
O1 O1 6.29 0.19 40.91 1.20 2 25 2.71 r
O2 O2 2.25 0.18 33.07 0.41 2.61 1.07
O3 O3 0.92 0.23 22.63 0.21 3.18 0.68
O4 O4 0.69 0.25 19,59 0.18 3.43 0.60
100 YEAR
DIRECT RUNOFF 1OTAL RUNOFF STREET PIPE TRAVEL TIME REMARKS
DP Basin Area Runoff 4 CA r O f< Sum(CA) I O Slope Flows Flows Slope Size Len
gth Vel. @
ac Coeff min ac Inihr cfs min ac inAu cfs % cfs cfs % in ft fps min
O1 O1 629 0.38 4091 2.41 3.54 8.53
O2 O2 2.25 0.38 33.07 0.55 415 3.51
O3 O3 0.92 0.41 22.63 0.38 5 02 1.89
O4 O4 069 043 1959 0.30 542 1.60 •
•
•
' BASELINE ENGINEERING CORP. SHEET NO. 13 OF ERR
Land Use Planning Civil Device Consultants JOB NO cu20108
VOLUME CALCULATIONS FOR PHASE 1 TEMPORARY SEDIMENT POND NORTH
KONIG BORROW PIT
DESIGNED BY CSR FILE. drainage vales wo3
CHECKED BY: RAB DATE. 15MB/t0
Tributary Area= 10.01 acres Required Volume= 18018 cf*
Offsite Area= 12.39 acres Required Volume= 22302 cf**
(Required Volume= 1,800 cf X Area)
TEMPORARY SEDIMENT POND
ELEV(ft) AREA(sf) AREA*(sf)VOLUME(cf) VOLUME**(cf)
5062 6800 0 0 0
5063 7867 21981 7327 7327
5064 8990 25267 8422 15749
5065 10169 28720 9573 25323
USE CONIC METHOD AREA`=AREAL+AREAS+(AREAtxAREA2)1'r
FOR POND SIZING VOLUME'=1/3 x depth x AREA'
Elevation= 5064.2 ft DEPTH = 2.2
1/2 Volume Depth = 5063 2 ft DEPTH = 1.2
* Note'. The sediment pond is sized for the disturbed tributary area within the pit.
• **Note: The required volume for the offsite tributary area,which includes off-site basin O2 and the
undisturbed portion of phase 2,will be contained within the pit by a berm.
OUTLET DETAIL CALCULATIONS
A pump with a floating suction line with a flow rating of 150 gpm (0.33 cfs)will drain the full volume
within the maximum allowable time of 72 hours.
•
BASELINE ENGINEERING CORP. SHEET NO 13 OF ERR
Lano Use Planning Civil Design Consultants JOB NO cc20108
VOLUME CALCULATIONS FOR PHASE 1 TEMPORARY SEDIMENT POND SOUTH
KONIG BORROW PIT
DESIGNED B', Can FILE drainage talcs-woe•
CHECKED BY. RAE DATE 10/16/10
Tributary Area = 6.93 acres Required Volume= 12465 cf*
Offsite Area= 3.89 acres Required Volume = 6997 cf**
(Required Volume= 1,800 cf X Area)
TEMPORARY SEDIMENT POND
ELEV(ft) AREA(sf) AREA*(sf)VOLUME(cf) VOLUME**(cf)
5062 4056 0 0 0
5063 4807 13279 4426 4426
5064 5614 15616 5205 9631
5065 6478 18123 6041 15672
USE CONIC METHOD AREA'=AREAI+AREA=+(AREAixAREA2)1'2
FOR POND SIZING VOLUME'=1/3 x depth x AREA'
Elevation= 5064.5 ft DEPTH = 2.5
1/2 Volume Depth = 5063.3 ft DEPTH = 1.3
* Note:The sediment pond is sized for the disturbed tributary area within the pit.
** Note: The required volume for the offsite tributary area,which includes the undisturbed portion of •
phase 2, will be contained within the pit by a berm.
OUTLET DETAIL CALCULATIONS
A pump with a floating suction line with a flow rating of 150 gpm (0.33 cfs)will drain the full volume
within the maximum allowable time of 72 hours.
•
. BASELINE ENGINEERING CORP, SHEET NO 13 OF ERR
Land Use Planning Civil Oesgn Consudanrs Joe NO cozslc8
VOLUME CALCULATIONS FOR PHASE 2 TEMPORARY SEDIMENT POND NORTH
KONIG BORROW PIT
DESIGNED BY 059 FILE. drainage cads.wb3
• CHECKED 6Y. RAE DATE. 1onfi/10
Tributary Area= 7.63 acres Required Volume= 13740 cf
Offsite Area = 2.25 acres Required Volume= 4046 cf
Total Volume= 17785 cf`
(Required Volume= 1,800 cf X Area)
TEMPORARY SEDIMENT POND _
ELEV(ft) AREA(sf) AREA'(sf)VOLUME(cf)VOLUME**(cf)
5068 5003 0 0 0
5069 5862 16280 5427 5427
5070 6779 18945 6315 11742
5071 7751 21779 7260 19001
USE CONIC METHOD AREA'=AREA1+AREA2+(AREA1xAREA2)11'
FOR POND SIZING VOLUME=1/3 x depth x AREA'
Elevation = 5070.8 ft DEPTH = 2.8
1/2 Volume Depth = 5069.5 ft DEPTH = 1.5
* Note: The sediment pond is sized for the disturbed tributary area within the pit and the offsite
• area.
OUTLET DETAIL CALCULATIONS
A pump with a floating suction line with a flow rating of 150 gpm (0.33 cfs)will drain the full
volume within the maximum allowable time of 72 hours.
•
BASELINE ENGINEERING CORP. SHEET NO 12 OF ERR •
Lana Use Rannmg Crvr Desrgn Consultants JOB NO co201o6
VOLUME CALCULATIONS FOR PHASE 2 TEMPORARY SEDIMENT POND SOUTH
KONIG BORROW PIT
DESIGNED BY DOE FILE drainage cabs wbD
CHECKED BY RAE DATE. 10116110 •
Tributary Area= 10.25 acres Required Volume = 18449 cf*
Offsite Area= 0.00 acres Required Volume = 0 cf
(Required Volume= 1,800 cf X Area)
TEMPORARY SEDIMENT POND
ELEV(ft) AREA(sf) AREA*(sf) VOLUME(cf) VOLUME**(cf)
5067 6800 0 0 0
5068 7867 21981 7327 7327
5069 8990 25267 8422 15749
5070 10169 28720 9573 25323
USE CONIC METHOD AREA'=AREAL+AREA2+(AREA1xAREA2)112
FOR POND SIZING VOLUME'=1/3 x depth x AREA'
Elevation = 5069.3 ft DEPTH= 2.3
1/2 Volume Depth= 5068.2 ft DEPTH = 1.2
* Note:The sediment pond is sized for the disturbed tributary area within the pit.
•
OUTLET DETAIL CALCULATIONS
A pump with a floating suction line with a flow rating of 150 gpm (0.33 cfs)will drain the full volume
within the maximum allowable time of 72 hours.
•
OffSite 01 Diversion Ditch
Worksheet for Trapezoidal Channel
•
Project Description
Project File c\docume-1\crunda-1.cor\desktop\cr81ditc fm2
Worksheet Diversion Ditch Off-Site Basin O1
Flow Element Trapezoidal Channel
Method Manning's Formula
Solve For Discharge
Input Data
Mannings Coefficient 0.030
Channel Slope 0 010000 ft/ft
Depth 1.00 ft
Left Side Slope 3.000000 H : V
Right Side Slope 3.000000 H : V
Bottom Wdth 1.00 ft
Results ,7)O 4d'.
Discharge 13.24 cfs �' r ' .:y snot GAT `.≥-rc'
Flow Area 4.00 ft2
Wetted Perimeter 7.32 ft
Top Wdth 7.00 ft
Critical Depth 0.89 ft
• Critical Slope 0.017371 ft/ft
Velocity 3.31 ft/s
Velocity Head 0.17 ft
Specific Energy 1.17 ft
Froude Number 0.77
Flow is subcritical.
• 10/16/10 FlowMaster v5.13
1O.33.16 AM Haestad Methods. Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1
CR81 Ditch Capacity
Worksheet for Triangular Channel
Project Description •
Project File untitled.fm2
Worksheet Konig CR81 ditch cap. near pit acces
Flow Element Triangular Channel
Method Manning's Formula
Solve For Discharge
Input Data
Mannings Coefficient 0.040
Channel Slope 0.010000 ft/ft
Depth 1.00 ft
Left Side Slope 1.500000 H : V
Right Side Slope 1.500000 H : V
Results
Discharge 3.11 cfs s Ibe YR, sA .t i-'t.
Flow Area 1.50 ft2 ;:J5
Wetted Perimeter 3.61 ft
Top Width 3.00 ft
Critical Depth 0.77 ft
Critical Slope 0.040995 ft/ft
Velocity 2.07 ft/s •
Velocity Head 0.07 ft
Specific Energy 1.07 ft
Froude Number 0.52
Flow is subcritical.
10/12/10 FlowMaster v5.13 •
09.44:35 AM Haestad Methods,Inc. 37 Brookside Road Waterbury. CT 06708 (203)755-1666 Page 1 of 1
• October 11, 2010
Ms. Lauren Light .
Weld County Environmental Health Services SELINE
1555 N. 17th Ave. o`°"""
wan, n
Greeley, CO 80631 �
Re: Konig Borrow Pit Use By Special Review— Waste Handling Plan
Ms. Light:
The operator will implement the following waste handling plan for the proposed mining
operation. Waste will be stored in a standard 32 gallon trash can with a snap on lid. The trash
can will be emptied every 2 to 3 days at the operator's shop. located on the next property to the
south at 57851 CR 81.
The expected volume of waste generated will be limited to trash from the employees of the
mining operation and the haul truck drivers such as breakfast and lunch containers, beverage
containers, and other miscellaneous trash.
There will not be any chemicals stored on site. Equipment maintenance will be performed at the
• shop listed above.
The waste handler and facility where waste will he disposed is as follows:
Waste Handler: Waste Management
Facility Name: North Weld Landfill
Address: 40000 Weld County Road 25
Ault. Colorado 80610
Phone Number: (866) 482-6319
Please let me know if you need additional information or have any questions.
Sincerely,
�� s? Ragdaff
Chris Rundall, PE
Corporate Headquarters High Plains Wyoming Rocky Mountains
Denver West Office Park Budding 4 Downtown Greeley Montgomery Budding Pentagon West Building
1536 Cole Boulevard,Suite 220 710 11'r Avenue,Suite 105 109 East 179 Street,Suite 1 2740 Acre Lane,Suite 205
Golden.Colorado 80401 Greeley.Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs,Colorado 80487
Ph 303.940 9966 Ph 9(0.353/600 Ph 307 635 1734 Ph 970.879.1825
Fax 303.940.9959 Fax 970 353 7601 Fax 866.242.9106 Fax 866.242.9106
• October 11, 2010
Ms. Lauren Light ������
Weld County Environmental Health Services
1555 N. 171' Ave. cerporwon
*pm., npecrimI[C
Greeley, CO 80631
Re: Konig Borrow Pit Use By Special Review—Dust Abatement Plan
Ms. Light:
Noble Energy will provide dust abatement for the proposed mining operation on behalf of the
mine operator. A water truck will be used to treat the on-site and off-site areas to suppress dust.
The off-site area will include the section of CR 81 used by haul trucks from the pit, which is a
gravel roadway. These haul trucks travel between the pit entrance and CR 120. The on-site
areas will include the access haul road, circulation areas. material handling areas, and stockpile
areas. Vehicle speeds will be posted at 10 mph for the access road into the pit and within the pit
to reduce the amount of dust generated. All loaded trucks will be required to tarp/cover loads
when entering or exiting the pit to aid in dust suppression.
The haul roads, circulation areas, materials handling areas, and stockpile areas will be wetted
• using a water truck to settle dust as needed and dictated by weather conditions. truck traffic
traveling to and from the site, and operations within the pit. If at anytime during the day the
mining operations begin to generate dust that is leaving the site then a water truck will be called
in so that the areas can be wetted immediately.
Please let me know if you need additional information or have any questions.
Sincerely,
04th ,&a&daff
Chris Rundall, PE
Corporate Headquarters High Plains Wyoming Rocky Mountains
Denver Wes!Once Park Budding 4 Downtown Greeley Montgomery Building Pentagon West Budding
• 1536 Cole Boulevard,Suite 220 710 119 Avenue,Suite 105 109 East 17th Street,Suite 1 2740 Acre Lane,Suite 205
Golden.Colorado 80401 Greeley,Colorado 80631 Cheyenne..Wyoming 82001 Steamboat Springs,Colorado 80487
Ph 303.940.9966 Ph 970.3537600 Ph 307.635.1734 Ph 970 879 1825
Fax 303.940.9959 Fax 970.353 7601 Fax 866.242.9106 Fax 866.242.9106
• i List of Mineral Rights Owners'taken from August 30, 2010 Title Commitment
occ ,u." A:3
Geovic Energy Corp Carlene Carlton Smith — M '
743 Horizon Court Suite 300A 127 N. West 98`h Terrace Ov ' r
Grand Junction, CO 81506 Plantation, FL 33324
y
l
Transcontinent Oil Company U`:^ Linnie McClure Cary CLA
621 17th Street Suite 1555 18451 North Olga Drive
Denver, CO 80293 Alva, CL 33920
r, Bryan Welch
Green Valley Ranch, Inc. O, Coastal Flooring
PO Box 638 440 SW 2n"Street
Wheatland, WY 82201 Cape Coral, FL 33991
r
Exterra Resources LLC ' Elena Gooch t
4929 Riverwind Pointe Drive Suite 103 1939 Bay view Drive
Evansville, IN 47715-6753 Tierra Verde, FL 33715
Amy Harris - Sherrie Welch Walker Westberry " %'
• 1390 River Rd West 2208 Westberry r
Green Cove Springs, FL 32043 Ft. Myers, FL 33901
s t • t.,
Foree Oil Company . - Joe Orville McClure — \ -
8235 Douglas Ave. Suite 402 �' 7070 Penzance Blvd
LB 27 Fort Myers, FL 33912
Dallas,TX 75225
Robert Wheeler Welch Jr
Teresa Fewell • Coastal Flooring
2909 Emerald Lake Drive 440 SW 2n°Street
Harlingen,TX 78550 Cape Coral, FL 33991
Melissa Moore • . Cheryl Welch Keyes --
3458 Patriot 17971 Grasshopper Court
Hebron, KY 41048 Fort Myers, FL 33912
l r'`�r
Bureau of Land Management �� Michael Konig �-�
Royal Gorge Field Office ' 57851 CR 81 (.;t
3028 East Main Street Grover, CO 80729
Canon City,CO 81212
•
•
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
1555 North 17` Avenue
I Greeley, Colorado 80631
C E: wwwco.weld.co.us
OE-MAIL:MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
COLORADO FAX (970) 304-6498
October 7, 2010
Chris Rundall
Baseline Corporation
Pentagon West Building
2740 Acre Lane, Suite 205
Steamboat Springs, CO 80487
Subject: Completeness Review for Konig Mine
• Dear Chris:
The Departments of Public Works, Building Inspection, Environmental Health and Planning Services have
reviewed the submitted materials for the proposed Konig Mine located in the NW4 of Section 11,
Township 10 North, Range 62 West of the 6" P.M., Weld County. Comments concerning this land use
application are as follows:
Building Inspection: No comments at this juncture
Environmental Health requests the following information be included in the supplemental application
materials:
, Permanent water and sewer is required per policy for any operation that exceeds 6 months in
operation. Temporary water and portable toilets are acceptable at the working face of the mine.
A waste handling plan that stipulates which company will be responsible for picking up trash is
required.
A dust abatement plan was not included in the application materials.
The Public Works Department requests the following information be included in the supplemental
application materials:
Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This
phase of the planning process is a content review of the submitted materials, NOT a technical review.
Comments made during this phase of the process will not be all-inclusive, and will address the critical issues
of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical
Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed
technical review of the project once the submittal application is deemed acceptable and is promoted to the
• review phase of the planning process.
0 Summary: The application is not complete. The applicant did not provide a drainage narrative quantifying off-
site drainage and how it will be handled once it runs onto the site. Once again, a Road Maintenance
Agreement for heavy hauling will be associated with this USR. Typical double cattle guards are required prior
to entering on to county roads from gravel approach roads that are not paved. The purpose of the double
cattle guards is that the truck tires will do a full rotation to lose mud and debris prior to entering on county
gravel or paved road surfaces. A double cattle guard configuration shall be required.
Site Plan Review: In reviewing the cross sections on map 7, cross sections 1-3. The applicant needs to be
aware that there is a setback requirement in the agricultural zone of 20 feet minimum from existing or future
rights-of-way before you can start your 3:1 slopes.
The applicant needs to identify on the plat drawing the vehicle tracking pad located between the existing cattle
guard and WCR 81.
Traffic Study: The applicant is proposing approximately 10 vph, based on that volume a Traffic Study is not
required at this time. All haul route traffic shall enter and exit from the site traveling North on WCR 81.The trip
distribution travelling east and west is 50-50. In accordance with the Town of Grover, requirements no trucks
will be permitted to travel through the town. A Road Improvements Agreement will be required.
Preliminary Drainage: The applicant did not provide a drainage narrative quantifying the off-site drainage and
how it will be handled once it runs onto the mine site. Given the proximity of the mine site to a drainageway
(Porter Creek), the applicant must describe how stormwater generated on-site will be handled. A copy of the
Stormwater Management Plan needs to be submitted.
Geotechnical Soil Report: A geotechnical soils report is not required for this site at this time.
Special Flood Hazard Area: The subject parcel has not been mapped by FEMA.
•
The Department of Planning Services requests additional information on the number of employees.
Application questionnaire states 3 employees on site, yet there are multiple drivers of trucks who will
receive material and transport off-site. What are the numbers you anticipate to deliver product off-site.
Hours of operation are daylight hours, and is this a Monday-Friday operation or also on weekends? Do
the hours on the weekend remain the same?
Please identify the fire district in case of onsite emergency.
Please identify the waste hauler with name, address and telephone number.
Please identify the oil and gas lease holders.
With responses in hand and re-submitted to this office for case initiation and set-up staff will commence
with the referral process. Should you have additional questions or require clarification on any of
the points presented herein, please contact this office. Thank you.
Sincerely,
Kim Ogle
Planning Services
• Property research 11-10-62
Konig Borrow Pit File No. M-2010-055
FIELD CHECK inspection date: June 2010
•
Case Number. USR-1767
Applicant: Konig Ag Company,c/o Chris Rundall, Baseline Corporation
1536 Cole Boulevard, Suite 220: Golden, Colorado 80401
Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facility including Open Pit Gravel Mining in the A(Agricultural) Zone
District.
Legal Description: All of the NW4 Section 11, Township 10 North, Range 62 West; of the 6th P.M.,
Weld County, Colorado
Location: South of and adjacent to County Road 120 and East of and adjacent to County Road
81
Size of Parcel: +/- 160 Acres, Borrow Pit +/- 35 acres
Parcel Number. 0293-11-0-00-002
Zoning Land Use
• N Agricultural N Rangeland comprised of short grass and cactus
E Agricultural E Rangeland comprised of short grass and cactus
S Agricultural S Rangeland comprised of short grass and cactus
W Agricultural W Rangeland comprised of short grass and cactus
COMMENTS:
Property sits low to the surrounding land form and has historically been and continues to be rangeland and
not productive land. The surrounding property is primarily agricultural in nature with a few homes in the
area. There is no irrigation water associated with this property.
Public Works identified a turning movement issue upon exiting the site. Impacts are to the borrow ditch and adjacent
road base edge west of the mine site.
The location of the mine to other properties is limited to a few residences predominately to the South of the property.
SignAture 1"
Note if there is a site distance problem with the access—Access is from CR 81 mid site.
•
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
• 1555 N 17TH AVENUE
GREELEY, CO 80631
PHONE: 970.353-6100, EXT. 35401 FAX: 970-304-6498
Date: I 20 Y, Receipt No.
Received From: - •
Permit Type No. Description Fee
4221-RE/SE
• 4221-ZPMH
4221-USR
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-ZPC V/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
❑CASH 1:1J CHECK NO._dJ ECREDIT CARD TOTAL FEE -
Receipted By: ..1G;. ; - DL# Exp.
•
Wine APPLICATION FLOW SHEET
• COLORADO
Name: [Michael] Konig Borrow Pit, do Chris Rundall, Baseline Engineers
Case# USR-1767
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facility including Open Pit Gravel Mining (Borrow Mine) in the A(Agricultural)
Zone District (State Permit M-2010-055)
LEGAL: NW4 of Section 11, Township 10 North Range 62 West of the 6th P.M., Weld County
LOCATION: East of and adjacent to CR 81, South of and adjacent to CR 120
PARCEL ID#: 0293-11-0-00-002 ACRES: +/-160
DATE BY
Application Received
Application Complete
PC Hearing Date: Action:
PC Sign to be Posted By:
Referrals Listed
File Assembled h
Referrals Mailed •
Letter to Applicant Mailed
Date Public Notice Published in County Newspaper
Surrounding Property & Mineral Owners Notified �.�7�/�it K. -
Field Check by DPS Staff
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed in Case
Case Sent to Clerk to the Board
CC Hearing: Action:
CC Sign to be Posted By:
Plat and/or Resolution Recorded
Recorded on Maps and filed
Overlay Districts
Zoning Agricultural
Airport Yes No_c_
• Geologic Yes No_c_
Flood Hazard Yes No c
Panel#080266 0000 C
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