HomeMy WebLinkAbout20111754 EXHIBIT
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1861 - 2011 MEMORANDUM
TO: Chris Gathman, Planning Services DATE: March 28, 2011
FROM: Heidi Hansen, P.E., Public Works Department
WELQ�COUNTY
SUBJECT: USR-1779, Lafarge West, Inc.
The Weld County Public Works Department has reviewed this proposal. This project falls under the Use
by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff
comments made during this phase of the Use by Special Review process may not be all-inclusive, as
other issues may arise during the remaining application process. All issues of concern and critical issues
during further review must be resolved with the Public Works Department.
Weld County Road Classification Plan:
F Street is a local paved road and requires a 60-foot right-of-way at full build out. There is presently a 60-
foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the
Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line.
Access/Roadway:
The site will utilize a main access onto F Street. The applicant has obtained an access permit from the
County for this access (AP11-00012).
• 1. Mined aggregate will be transported offsite via conveyors.
Site:
2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
3. Please substitute Slender or Streambank Wheatgrass for the Basin Wildrye in the proposed seed
mix. Please utilize a seeding rate or 14-16 PLS for both seed mixes. Contact Tina Booton, Weed
Division Supervisor, with any questions or requests for substitutions (970-304-6491 x3770).
Stormwater:
4. 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.
5. Prior to recording of the plat, 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.
6. Please show the location of the conveyor on the site plan. If the conveyor will be constructed in
the floodplain, it will need to be covered in the FHDP. m
• to
7. 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.
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8. A berm approximately 4,000 feet long has been constructed along the south bank of the Poudre
River in the floodway. The berm was constructed without a flood hazard development permit.
FEMA regulations do not allow fill such as berms to be constructed in the floodway unless the fill
has been shown to cause no rise in the floodway water surface elevations. The applicant must
show proof that FEMA has reviewed and accepted a letter of map revision regarding the berm
placement or remove the berm from within the floodway.
9. Pursuant to the attached letter from FEMA dated January 13, 2011, the applicant shall obtain a
Letter of Map Revision (LOMR) from FEMA prior to release of the mining permit from DRMS.
10. 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.
11. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices.
12. Please provide a copy of the approved Storm Water Management Plan permit once it has been
obtained from the State. The applicant is required to comply with all Colorado Department of
Health and Environment, Water Quality Control Division regulations regarding storm water quality
permitting and protection and construction storm water discharges.
pc: USR-1779
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•
� MEMORANDUM
I TO: CHRIS GATHMAN, PLANNING SERVICES
C. FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH
SUBJECT: USR-1779 LAFARGE WEST,INC
COLORADO DATE: 6/22/2011
Environmental Health Services has reviewed this proposal for a mineral resource
development facility for dry mining operations. There will not be processing on the site
as aggregate will be conveyed to the 35th Avenue site.
Portable toilets and bottled water will be utilized at the working face of the mine. As
there will not be an office on site and employees will be located at the working face,
temporary sanitation facilities are acceptable.
Noise will be restricted to the level allowed in the industrial zone district. A noise plan
lip was included in the application which indicates scrapers will be operated at a constant
speed and in a circular motion to avoid back up alarms as much as possible. In
addition, the conveyor and shroud covers will limit noise impacts.
Dust abatement will consist of application of water, revegetation, conveyor and
compaction of road surfaces. The application states that water is available from 6 Y
shares of Greeley Irrigation Company water.
Waste generated will be employee trash which will be placed in a dumpster that Waste
Management of Northern Colorado will service.
There will be a 10,000 gallon diesel fuel storage tank on site. A State permit may be
required based on the following from AST Exclusions (Source: 7 CCR 1101-14, Section 3-1-1,
and CRS 8-20.5-101(2)):
(IX)Aboveground storage tanks used to store flammable and combustible liquids at mining facilities
and construction and earthmoving projects, including gravel pits, quarries, and borrow pits
where, in the opinion of the state inspector of oils, tight control by the owner or contractor and
isolation from other structures make it unnecessary to meet the requirements of this article;
A Spill Prevention, Control and Countermeasure Plan. (SPCC Plan) may be required
by the State if there is a possibility that a discharge to navigable waters of the United
. States can occur.
• There is a septic permit on file for a two bedroom home on the site. SE-0500027 was
issued on March 25, 2005. The home is no longer located on the property so the
applicant shall verify if the septic system has been abandoned or is not currently
utilized. The septic system must comply with the Weld County ISDS flood plain
regulations.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division, Colorado Department of Health and Environment 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.
2. The applicant shall submit evidence of a Colorado Discharge Permit System
. (CDPS) from the Water Quality Control Division of the Colorado Department of
Health and Environment for any proposed discharge into State Waterways to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. Alternately, the applicant can provide evidence from the
Water Quality Control Division of the Colorado Department of Health and
Environment that they are not subject to these requirements.
3. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section for any aboveground storage tanks located on the site to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. Alternately, the applicant can provide evidence from the
(CDL&E), Oil Inspection Section that they are not subject to these requirements.
4. 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.
•
• 5. The applicant shall submit written verification indicating whether the septic
system permitted as SE-0500027 has been abandoned or is not currently
utilized, to the Environmental Health Services Division of the Weld County
Department of Public Health & Environment.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.,
as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions.
• 4. The applicant shall operate in accordance with the approved "waste handling
plan", at all times.
5. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
6. Any vehicle washing areas shall capture all effluent and prevent discharges from
drum washing and the washing of vehicles in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The facility shall be operated in accordance with the approved "dust abatement
plan", at all times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, handwashing and toilet facilities shall be provided for
employees of the facility, at all times.
10.Portable toilets may be utilized on sites that are temporary locations of the
. working face.
3
• 11.Bottled water shall be provided to employees at the temporary locations of the
working face at all times.
12.Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
13.The applicant shall remove, handle, and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
14.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).
15.If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
16.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety. (OMLR)
17.The operation shall comply with the Mine Safety and Health Act. (MSHA)
18. The operation shall comply with the Occupational Safety and Health Act.
(OSHA)
19.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
•
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• I 8 6 - 2011I DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
WELD...-COUNTY
970-353-6100 EXT 3540
FAX 970-304-6498
kswanson(c�co.weld.co.us
Date: April 1, 2011
Applicant: Lafarge West, Inc.
Project: 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
. Case Number: USR-1779
Parcel Number: 0805 34 000082, 0805 34 000068 & 0805 34 000069
1. Applicant's statement indicates there will be no construction on site. Conveyors are
proposed to be installed. Electrical permits are required if electric is ran to conveyors.
2. 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. Building permits will be reviewed and
inspected under the 2006 International Residential Code and the 2008 NEC.
Regards,
Ken Swanson
Building Official
Weld County Building Department
{ I
1861 - 20II
7
.� Weld County Referral
March 2, 2011
WELD__COUNTY
The Weld County Department of Planning Services has received the following item for review:
Applicant Lafarge West, Inc. Case Number USR-1779
Please Reply By April 1, 2011 Planner Chris Gathman
Project 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. Colorado.
Location North of and adjacent to F Street and approximately 1.25 miles west of 35' Avenue.
Parcel Number 0805 34 000082, 0805 34 000068&0805 34 000069
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
..��'b"ec� ause
cL1—vtle have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature `�'ll G'�Gk�__ Date
Agency
WEST GREELEY CONSERVATION DISTRICT
:-Weld County Planning Dept :1555 N 17" Ave.Greeley.CO.80631 (970)353-6100 ext.3540 •:-(970)304.6498 fax
Applicant: LaFarge West, Inc USP,-1 779 Iverson Mine
Planner Chris Gathman
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RECEIVED
APR Weld Count r
y riamm�g Department
GREELEY OFFICE
April 13, 2011
Chris Gathman
Planning Techician
Weld County Planning Services
1555 N 17`"Ave.
Greeley, CO 80631
Re: Review of WCR 5:11 (USR - 1779)
Dear Chris:
Attached with this letter are review comments from City staff regarding the WCR 5:11 Review. Please
address each of the review comments attached with this letter and upon resubmittal provide a written
response to each of the requested revisions stating how each comment was addressed.
Please call Darrell Gesick at (970) 350-9822 or Rocky Keeth, (970) 336-4175 with any questions you may
have.
Sincerely,
Derek Glosson, P.E.
Engineering Development Manager
cc: Darrell Gesick, Planner I
Attachment
I
Community Development-Engineering Development Review • 1100 10th Street,Ste.402,Greeley,CO 80631 • Fax(970)336-4170
We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service.
Project Review Comments Date: 4/13/2011
Project Name: WCR 5:11
City of Location: 5011 F Street
�reel� Reviewed By: Darrell Gesick Phone: (970) 350-9822
Submittal Date 3/16/2011 Department Planning
City ID# 2015 Submittal #: 1
Page
❑ It appears that there will be employee access and parking associated with this
project that will cross the Poudre River Trail at F Street(see excerpt 1.d below)
resulting in increased traffic from that generated by the residential use on the
property. Due to the increased traffic we request that a STOP sign be erected at
the end of the driveway north of the trail with a caution sign to watch for bicyclists
and pedestrians. We also request that heavy machinery not be allowed to cross
the trail at this location except on a very limited basis (see excerpt 8.d below).
1.d. County roads and bridges to be utilized, along with site entrance/exit points.
There will be one access point to the site off of F Street. The mine site will use
the Iverson property's existing access point. Very little traffic will be generated by
the Iverson Mine because all of the aggregate that will be mined is going to be
transported to the 35th Avenue site for processing via conveyors. Therefore, 4-10
employees will come and go from the site in their personal vehicles on a daily
basis. This access point is shown on the Weld County Access Information Sheet
and on the Special Review Plan set maps.
8.d. What kind (type, size, weight) of vehicles will access this site and how often?
Prior to mining beginning on the property, Lafarge will need to bring their mining
equipment(2 loaders, 2 dozers, 2 scrapers, 1 grader, 1 trackhoe and 1 water
truck) onto the site and when mining is complete the equipment will need to leave
the site. Otherwise, only 4-10 Lafarge employees, driving their personal vehicles,
will be accessing the site on a daily basis. Please see the attached Traffic Impact
letter from Gene Coppola.
No additional comments.
I
Wednesday,April 13,2011 Page 1 aft
Project Review Comments Date: 4/13/2011
Project Name: WCR 5:11
City of Location: 5011 F Street
�reeley� Reviewed By: Rocky Keeth Phone: ( ) 336-4175
Submittal Date 3/16/2011 Department Eng Development Review
City ID# 2015 Submittal #: 1
Floodplain
Page
O New It appears that a large portion of the proposed mining will take place within the
floodway of the Poudre River. Mining activities within the Poudre River floodway
shall be required to adhere to the following conditions:
Stockpiled materials and equipment shall not be stored within the floodway.
A certification letter shall be provided from a Colorado registered professional
engineer certifying that the excavation and reclamation activities within the
floodway will not result in an increase in base flood elevations. The certification
letter should be based on HEC-RAS floodplain modeling of the"before" and
"after" conditions. The submitted Flood Hazard Development Permit Application
shows that the mining operations will result in a rise in water surface elevation.
The proposed conveyor system shall be elevated 1' above the base flood
elevation in accordance with the Flood Hazard Development Permit Application.
The conveyor system shall also be anchored to prevent movement/floatation.
The stability of the Poudre River channel shall not be compromised by the
proposed mining activities.
❑ Advisory The proposed mining area is prone to flooding during spring runoff.
Water& Sewer
Page
❑ New The City has a 36" sanitary sewer main located north of F Street under the
private access road to this site. The City requires the property owner to have a
qualified contractor pot hole the length and width of this area to determine the
depth and exact location of the sewer main and provide this information to City
staff for review. The City may need to limit surface loads depending upon
analysis of the information provided.
I
Wednesday,April 13,2011 Page 2 of 2
Chris Gathman
m: Kristine Ranslem
nt: Thursday, March 10, 2011 7:49 AM
Chris Gathman
Subject: FW: FW: USR-1779 Referral
FYI — see comments below. Thanks!
K rkt.we 12,2 0,s le vt.
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
From: bmvhr®nobleenergvinc.com jmailto:bmvhr@nobleeneravinc.coml
Sent: Thursday, March 10, 2011 7:45 AM
To: Kristine Ranslem
Cc: Brandon Gossard; Bethany Salzman; dale.lyman@ greelevgov.com; Lowery, Eric; ioanna.williams@istate.co.us; Joyce
Wallace; Ken Poncelow; Iandusereviews4state.co.us; Billings, Sandra
Subject: Re: FW: USR-1779 Referral
ank you Kristine,
ble is currently working with Lafarge and the Iverson family to obtain an SUA. In the event that we do not agree upon
SUA by the objection deadline (April 1)we would provided an objection letter. Lafarge has been proactive and we are
imistic at this time.
Berndt"Barry" Myhr, CPL
Special Projects Coordinator
Direct: (303) 228-4020
Fax: (303) 228-4285
NOBLE ENERGY, INC.
1625 Broadway, Suite 2200
Denver, CO 80202
I
1
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44;Oc;COzO DEPARTMENT OF NATURAL RESOURCES
• in tatiyet
DIVISION OF WATER RESOURCES
y
* � • �F John W.tllckenlooper
#*X876 * Governor
March 10, 2011 Mike ICing
Executive Director
RECEIVED Didc Wolfe,P.E.
Direclor/5tate Engineer
Chris Gathman MAR 15 2011
Weld County Planning Services
1555 N 17th Ave Weld County Planning Department
Greeley CO 80631 GREELEY OFFICE
Re: Iverson Mine, Case No. USR-1779
Sec. 34, T6N, R66W, 6th P.M.
Water Division 1,Water District 3
Dear Mr. Gathman:
We have reviewed the above referenced request for a Site Specific Development Plan
and Use by Special Review Permit for a mineral resource development facility, including open
pit gravel mining, on a parcel of 83.06 acres. The submitted material does not qualify as a
"subdivision" as defined in Section 30-28-101(10)(a) C.R.S., therefore, pursuant to the State
Engineer's March 4, 2005 memorandum to county planning directors, this office will only
perform a cursory review of the referral information and provide comments. The comments will
• not address the adequacy of the water supply plan for this property or the ability of the water
supply plan to satisfy any County regulations or requirements.
The proposal is for a mining operation, known as the Iverson Mine, with Colorado
Division of Reclamation Mining and Safety (DRMS) permit no. M-2011-001. Comments
regarding the reclamation permit were provided to the DRMS on February 2, 2011. As required
by Section 37-90-137(11), C.R.S., gravel pits that exposed ground water to the atmosphere
after December 31, 1980 need to replace all out-of-priority depletions of ground water.
Therefore the applicant will need to obtain a well permit for the gravel pit prior to the exposure of
ground water in the pit. However, prior to obtaining a well permit, an approved substitute water
supply plan or decreed plan for augmentation is required. Our records show that a well permit
application and associated substitute water supply plan have not been submitted to this office to
date.
The proposed water supply for mining operations at the site is 6.25 shares of the
Greeley Irrigation Company, which yield approximately 64.44 acre-feet of water per year.
Based on the submitted report from Applegate Group, Inc dated October 21, 2010, this amount
is sufficient to cover steady-state mining depletions at the site as long as the site is continuously
dewatered; however, this amount is insufficient to cover post-dewatering depletions resulting
from the first fill of the gravel pit, or steady-state evaporative depletions that will occur after the
pit is reclaimed to an unlined open water pond as currently proposed. Bottled water will be
provided for drinking at the site, and portable toilets and a hand washing facility will be located
on site.
Based on the above, the project will cause material injury to decreed water rights unless
• a gravel pit well permit is obtained from this office pursuant to an approved substitute water
supply plan or decreed plan for augmentation prior to the exposure or use of any ground water
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581•Fax:303-866-3589
http://water.state.co.us
at the site. if you have any questions in this matter please contact Sarah Reinsel at (303) 866-
3581.
Sincerely,
Arekmni4aL
t'i/L
`.Jo_an9L Williams, P.E.
WaTer Resources Engineer
Cc: Dave Nettles, Division 1 Engineer
George Varra, District 3 Water Commissioner
S
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