HomeMy WebLinkAbout20110197.tiff • DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave Greeley CO 80631
Phone (970)353-6100 x3540 Fax (970)304-6498
USE BY SPECIAL REVIEW(MINING OPERATION)APPUCATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT
# /AMOUNT # 1$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I(we),the undersigned, hereby request a hearing before the Weld County Planning Commission concerning
a proposed borrow pit (gravel, coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
Legal Description Northwest Quarter , Section 111 ,Township 10 North, Range 62 West
Flood Plain:-- Zone District:A , Total Acreage: 121 , Overlay District: --
Geological Hazard: -- ,Airport Overlay District: --
2. Surface owner(s)of area of land described
Name: Michael D.Konig Address: 57851 CR 81 Phone: 970-895-2386
Name: Address: Phone:
3. Owner(s)of mineral rights or substance to be mined
Name: Michael D.Konig Address: 57851 CR 81 Phone: 970-895-2386
Name: see title info for complete list Address: Phone:
4. Applicant's name: Konig Ag Co. Email Address mkonig@what-wire.com
Address: 37231 Highway 14,Briggsdale,CO 80611 Phone:970-656-3664
5. Identify any prior permits for mining held by applicant or affiliated person:
I
L1
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be
included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the
signatory has the legal authority to sign for the corporation.
Signature: er or Authorized Agent Date Signature: Owner or Authorized Agent Date
EXHIBIT
• 15 2
2011-0197
• October 25,2010
Michael D. Konig
57851 CR 81
Grover, CO 80729
Mr. Kim Ogle
Weld County Department of Planning Services
1555 N. 17th Ave.
Greeley,CO 80631
Re: USR 1767, Konig Borrow Pit--Primary Contact
Mr. Ogle:
Please be advised that Baseline Engineering Corp. through the Konig Ag.Co. has the
authority to serve as the primary'contact for the Use By Special Review Permit
Application for the Konig Borrow Pit(case#USR 1767).
Sincerely.
•
Michael D. Konig
•
Letter of y SELINE
• TRANSMITTAL corporation
planning enp,ineering surveying
to: Kim Ogle
Weld County Department of Planning Services
address: 1555 N. 17th Ave.
Greeley, CO 80631
970-353-6100
re: Konig Borrow Pit— Use by Special Review Application
date: 9-24-10
enclosed: (4) Use By Special Review Permit Application Package
(1) Copy of State 112 Permit Application Package
(1) Check for $7,220 Application Fee
• Hi Kim, Please let me know if you have any questions or need additional information.
Thanks!
cc: From the desk of...
Konigs
Curt Moore, Noble Energy
Chris Rundall, PE
®Corporate Headquarters ❑Northern Bureau ❑Western Slope ❑Northern Mountains
Denver West Office Park Building 4 Downtown Greeley The Old Midland Hotel Pentagon West Building
1536 Cole Boulevard,Suite 220 710 I Ir^Avenue.Suite 105 III E. 3rd Street,Suite 205 2740 Acre Lane,Suite 201
Golden, Colorado 80401 Greeley, Colorado 80631 Rifle,Colorado 81650 Steamboat Springs,Colorado 80487
• Ph 303.940.9966 Ph 970.353.7600 Ph 970.625.4431 Ph 970.879.1825
Fax 303.940.9959 Fax 970.353.7601 Fax 866.242.9106 Fax 866.242.9106
• September 23. 2010
Mr. Kim Ogle
Weld County Department of Planning Services P SELINE
1555 N. 17`h Ave.
.rpor.tkm
Greeley. CO 80631 °`min" nit* '°g
Re: Konig Borrow Pit— Use By Special Review Application
Mr. Ogle:
Enclosed is the Use By Special Review Permit application form and supporting documents for
the Konig Borrow Pit. The following is a brief overview of the project. More detailed
information can be found within the submittal documents.
'File purpose of the proposed borrow pit is to extract fill dirt that will be used by oil and gas
companies in the surrounding area as a construction material for the sub-surface of access roads
and pads. The proposed pit area is 35 acres and will be mined in 2 phases. The maximum
disturbance area at any one time is proposed at 17.5 acres. The disturbed area will be reclaimed
to pastureland to match the current use and the current agriculture zoning on the property. The
proposed operation will not have any ill effects on the health, safety, and welfare of the
• inhabitants of Weld County.
The proposed borrow pit operation will employee up to three people and will provide a valuable
supplement to the owner's main business of farming.
As you know we have recently submitted a Construction Materials Regular (112) Operation
Reclamation Permit Application to the Colorado Division of Reclamation Mining and Safety.
We will keep you posted on the status of that process.
We look forward to working with you on this project. Please let me know if you need additional
information or have any questions.
Sincerely..
�'irrrr RCaKda�d
Chris Rundall, PE
Corporate Headquarters High Plains Wyoming Rocky Mountains
Denver West 0l/ice Park Building 4 Downtown Greeley Montgomery Building Pentagon West Building
1536 Cole Boulevard,Suite 220 710 11th Avenue.Suite 105 109 East 17m 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
• September 23. 2010
Board of County Commissioners � SELINE
Weld County
9151, St. corporstioo
Greeley, CO 80632 °""" niveying
"'"` "`
Re: Konig Borrow Pit— Use By Special Review Application Fee Petition
Dear Board:
We have recently submitted a Use By Special Review (USR) Application for the Konig Borrow
Pit. We request that the Board reduce the required application fee from $7.220 (based on the
entire area of the parcel at 121 acres) to $5,500 (based on the pit boundary of35 acres.)
We understand that the USR boundary encumbers the entire parcel boundary, however, the pit
boundary is set at 35 acres. The pit boundary cannot be changed without amending the
Construction Materials Regular (112) Operation Reclamation Permit through the Colorado
Division of Reclamation Mining and Safety (DRMS). Per DRMS requirements the pit boundary
must be staked prior to commencing mining operations.
• We respectfully request this reduction in fees. Your consideration of this matter is greatly
appreciated.
Sincerely,
dhriy &rat
Chris Rundall, PF.
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 11m Avenue.Suite 105 109 East 17t 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 970.8791825
Fax 303 940.9959 Fax 970.353.7601 Fax 866.242.9106 Fax 866.242.9106
• September 17. 2010
Michael D. Konig
57851 C R 81
Grover, CO 80729
Division of Reclamation Mining and Safety
1313 Sherman St. Room 215
Denver Colorado 80203
and
Weld County Department of Planning Services
1555 N. 17th Ave.
Greeley, CO 8063 1
To Whom It May Concern:
Please be advised that, subject to proper permitting being in place, Konig Ag Co. has our
• authority to legally enter and mine borrow dirt on the property described below.
NW 1/4, Section I I, T10N. R62W,6th P.M., Weld County, Colorado.
Sincerely, (ly\:.0 "tu
Subscribed and affirmed before me in the County of k) , State of
Colorado, this at'K— day of , 20 IC .
ry Public
Commission Expires
February 25. 2012
My Commission Expires:
•
• Konig Borrow Pit
Use by Special Review Questionnaire
I. A detailed description of the method of mining operation. The description shall
include:
a. The types and numbers of structures that will be erected (built) on site including
operation and processing equipment to be employed.
There will not be any structure erected on the site. There will not be any
processing (screening, crushing, etc.) on the site. There will not he any scales
or a scale house on the site. The haul truck drivers are trained to keep their
loads under the maximum limits-through a combination of the following three
methods. The air pressure inside the cab shows the pressure of the air hag
support to the trailer, which indicates how much weight is on the trailer. The
second method is- by visual volume inside the trailer. The third method is by
counting the loader buckets dumped into the trailer.
b. The number of shifts to be worked and the maximum number of employees.
There will he one shift worked per dap with a maximum of3 employees.
c. Whether the operation will involve a wet or dry pit.
This will he a dry pit
d. County roads and bridges to be utilized, along with site entrance/exit points.
The site entrance is located on WCR 81, approximately 1,200 ft south of the
WCR 81 and WCR 120 intersection. The proposed Borrow Pit access road will
• be 24 feet wide and will be adequate for the level of anticipated truck traffic
associated with this pit. The surrounding network of Weld County Roads will
serve as haul routes for the pit products to the surrounding oil and gas
destinations. All haul trucks will enter and leave the site from the north on
WCR 81. No haul trucks are anticipated to travel from the pit to the south on
WCR 81. Approximately half of the trucks will proceed west on WCR 120 and
the rest will travel east on WCR 120. In accordance with the Town of Grover
requirements no trucks will he permitted to travel through the Town. A
vehicle tracking control pad will be placed at the access to prevent tracking of
mud onto WCR 81 and WCR 120.
e. The size of the area and stages to be worked at any one time.
The overall proposed pit area is 35 acres. The mining will be accomplished in
two phases. The maximum disturbance area at any one time will be 17.5
acres. Phase one will include the east half of the pit and phase two will
include the west half of the pit.
f. A time table giving the periods of time and number of phases to be worked,
which will be required for the various phases of the operation.
The amount of mined per year will depend on the economy and local
demand for these resources. It is not intended for the horrow pit to be an
intermittent operation; however, there may be periods of inactivity due to lack
of demand for fill in this area. Due to these unknowns we are providing the
State DRMS and County with the following approximate timetable for the
mining operation:
•
• 2010-2015 Mining & Reclamation of phase I
2015-2020 Mining& Reclamation of phase 2
g. The depth and thickness of the mineral deposits to be mined and the thickness
of overburden to be removed.
The overburden soil to he removed is limited to topsoil, which is 6"to 8"thick.
The excavation of the fill material that is to be mined will vary in depth, with
a maximum excavation depth of 10 feet.
h. The proposed use of reclaimed lands and an explanation of the reclamation
process.
The existing use of the land to be affected is pastureland and the proposed use
of the reclaimed lands will continue to be pastureland. During the mining
operation the bottom of the pit will he graded to within 6" to 8" of the final
reclaimed grade to allow for topsoil placement. The outer perimeter of the
mine along the west edge of the pit will be graded to a minimum of 3:1 slopes
to ensure long term stability. The interior of the mine will he graded to
conform to the general west to east slope of the existing land. There will he
no impoundments. We anticipate placing 6-8" of topsoil on all disturbed
areas. Following the application of topsoil, these areas will be ripped with
either a dozer with a ripper bar, a motor grader or a tractor with a chisel plow
to eliminate compaction. The depth of ripping will he consistent with the
depth of applied topsoil to ensure that the quality of topsoil is not diluted by
• mixing with less desirable subsurface soil materials. Seeding will be
performed depending on when the ripping and topsoil reapplication
operations are completed. Either fall or early spring seeding periods will be
utilized. If the seedbed preparation is completed during the summer or fall,
then seeding will begin in the fall after fall frosts arrive. If the seedbed
preparation is completed during the winter or early spring then spring seeding
will he completed when the soil is dry enough to work, yet still somewhat
moist The seed mixture will be applied hydraulically along with a wood fiber
mulch and tackifier to ensure seed germination. The seed mixture is as
fi�llows:
Species Seeding Rate#PLS/acre
Western Wheat Grass. Arriba 2.40
Green Needle Grass, Lodorm 1.0
Side Oats Grama, El Reno 0.90
Little Bluestem, Native 0.70
Alfalfa, Common 0.40
•
• Since the site is presently devoid of trees, the reclamation plan will not
contain any trees. Native Grasses will be used.
i. The source of technical advice in that type of reclamation for open cut mining
land.
The proposed contours for reclamation were prepared by Baseline
Engineering Corp. to ensure that no permanent impoundments are created
and the general west to east slope will he maintained. A local seed company
was consulted for the seed mix.
2. A statement which explains how the proposal is consistent with the Weld County
Comprehensive Plan.
The proposal will provide for a temporary use which will allow the property owners
to diversify their income and sustain their main occupation of farming. The
affected land is zoned for agriculture and is currently being used as pastureland.
The affected land will be restored to pastureland as part of the reclamation process
following the mining operation.
3. A statement which explains how the proposal is consistent with the intent of the
district in which the use is located.
See answer to question #2.
4. If applicable, a statement which explains what efforts have been made, in the location
decision for the proposed use, to conserve productive agricultural land in the
agricultural zone district.
The affected land is not currently being used for farming purposes but as
• pastureland for cattle and horses. The proposed temporary mining operation will
not negatively affect any productive agricultural land.
5. A statement which explains there is adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and the County.
The proposed mining operation will not affect the health, safety, and welfare of the
inhabitants of the neighborhood and the County. The access onto WCR 81 will
allow for safe ingress and egress from the site. A portable toilet,potable water, and
trash container will he located on site during operations. Stormwater quality will be
addressed through the use of sediment ponds. Water trucks will be used to control
dust both within the pit and along the section of WCR 81 used for hauling. The site
will be restored to pastureland upon reclamation.
6. A statement describing the existing surrounding land uses and explaining how the
proposal will be compatible.
The existing surrounding land uses are pasture and crop lands. The temporary
mining operation will not have any negative impacts on these land uses. The
affected land will be restored to pastureland upon reclamation.
7. A statement describing the existing land use.
The existing land use is pastureland for cattle and horses.
8. Describe, in detail, the following:
a. I low many people (employees, visitors, buyers, etc.) will use this site?
It is anticipated that the operation will employee 3 people to operate the
equipment used in the mining operation. There is approximately 200,000
cubic yards of fall dirt that will be removed within the 35 acres pit boundary.
•
• Haul trucks will be a mixture of belly dump and side dump trailers and
tandem dump trucks. The belly and side dumps have a capacity of 25 tons or
12.5 cy. The tandem dump trucks have a capacity of 15 tons or 7.5 cy. The
majority of the haul trucks will be of the belly or side dump trailer variety so
we will assume that the life of the pit will see approximately 16,000 haul truck
trips. The only other visitors to the site will be State and County Staff for
inspections.
b. What are the hours of operation?
The operation will be limited to daylight hours.
c. What type and how many animals, if any, will be on this site?
There will be a limited number of horse and cattle grazing in this field from
time to time.
d. What kind (type, size, weight) of vehicles will access this site and how often?
Haul trucks will be a mixture of belly dump and side dump trailers and
tandem dump trucks. The belly and side dumps are rated at 25 tons max. The
tandem dump trucks are rated at 15 tons max.
e. Who will provide fire protection to the site?
There will not be any structures requiring fire protection on the site.
f. What is the water source on the property? (commercial well or water district)
There will not be any structures on the site. Potable water will be on-site in
water coolers for the equipment operators and haul truck drivers.
g. What is the sewage disposal system on the property? (Existing and proposed)
There are no existing or proposed structures on the site. A portable toilet will
• he provided on site while the mining operation is active. The toilet will be
staked and secured and regularly maintained.
h. If storage or warehousing is proposed, what type of items will be stored?
N/A.
i. Explain where storage and/or stockpile of wastes will occur on this site.
Very little trash will be generated on the site. A trash container will he
provided on the site and will he emptied regularly.
j. Explain the proposed landscaping/screening for the site. The landscaping shall
be separately submitted as a landscape plan map as part of the application
submittal.
Refer to number 1./i. above for a description of the reclamation process and
seed mix. The second phase of the project will he the west half of the pit As
part of this phase topsoil will be stockpiled along the WCR 81 frontage in
perms to provide visual screening. We do not feel a landscape plan map is
needed in this case.
k. Explain how long it will take to construct this site and when construction and
landscaping is scheduled to begin. "timetable 23-2-260.C.12.
Work will begin on site shortly after all permits are in place. The stormwater
quality features will be constructed first and then topsoil removal and
stockpiling will occur. The next step will be excavation of the borrow dirt. See
number 1.h. above for a description of the reclamation process. See number
1.f. above for a description of the phasing and durations for each phase.
•
• I. Explain any proposed reclamation procedures when termination of the Use by
Special Review activity occurs.
See number 1.h. above fir a description of the reclamation process.
m. Explain how the storm water drainage will be handled on the site.
Stormwater diversion ditches, in the form of either a cut ditch or a berm, will
intercept and direct surface storm water within the pit to one of the sediment
ponds. The sediment pond will allow settling of any solids. There will be no
outlet for the sediment ponds. The captured stormwater will dissipate through
infiltration and evaporation. A small berm will be created around the topsoil
stockpile areas to prevent sediment transport into adjacent stormwater
diversion ditches. The stockpiles will he protected from wind and water
erosion with temporary seed cover if the piles are left in place for more than
180 days or one growing season.
n. Method and time schedule of removal or disposal of debris, junk, and other
wastes associated with the proposed use.
There will he very little debris and junk generated on the site. See numbers 5
and 8.g. above for a description of sewage and trash disposal.
o. A statement delineating the need for the proposed use.
Agriculture is a vital economic component to Weld County. The owners of the
subject property are local farmers. The proposed borrow pit will allow the
owners to diversify their income and supplement their farming business.
p. A statement which explains the Use by Special Review area is not located in a
flood plain, geologic hazard and Weld County Airport overlay district area; or
• that the application complies with Chapter 23, Article V, Overlay District
Regulations as outlined in the Weld County Code.
The subject parcel has not been mapped by FEMA. There is an intermittent
drainage, Porter Creek, located approximately 950 feet east of the proposed
pit boundary. The parcel is not located in a geologic hazard area or the Weld
County airport overlay district area.
•
Print Form
SPECIAL REVIEW(MINING OPERATION) SUBMITTAL CHECKLIST
• ITEMS REQUIRED FOR SUBMITTAL
/V One original application form (additional copies may be required, on request of the Department of
Planning Services)
V1 One copy of the Special Review plat map(24"X36" see attached page 6 for map requirements)
V/ One 8-1/2" x 11" reduced copy of the (24"X36") Special Review plat
One digital or electronic copy of completed application materials, if required
•k/ One original Special Review Use questionnaire
One original Weld County Road Access Information Sheet
IN If One copy of document showing evidence of adequate water supply (e.g commercial well permit or
letter from water district)
(.! en One copy of document showing evidence of adequate sewage disposal (e.g. septic permit or
letter from the sanitary sewer district). If using a well, please complete the attached Water Supply
Information Summary.
V One copy of deed or legal instrument identifying applicant's interest in the property
One original Certificate of Conveyances form and any attachments, completed within thirty days of
the application submission date 5C< +.
One copy of Noise Report, if required by the Department of Planning Services
• '‘/ One copy of Soils Report. Soils Reports are available from local Soil Conservation Service Offices
or at www.nrcs.com
\,/ Source of applicant's legal right to enter and to mine on the land described (include certified copy of
any document(s) noted)
Copy of DMG permit —O' (0)"1- ' rr„c YlE f(- St-.f. e;G €'Y- -{' Yipy.9•., -1O")
1�I/I Oil and Gas Agreement(s)
A)//-1, Ditch/Irrigation Agreement
One copy of affidavit and certified list of the names, addresses and the corresponding parcel
identification number assigned by the Weld County Assessor of the owners' of property (the surface
estate) within 500 feet of property being considered. This list shall be compiled from the records of
the Weld County Assessor, the Weld County Website, www.co.weld.co.us,or a person qualified to
do the task, and shall be current as of a date no more than thirty days prior to the date the
application is submitted to the Department of Planning Services.
2/71 Notice of Inquiry if located within an Intergovernmental Agreement(IGA) boundary
V7
nfee Lc 0t '1(i, �fd) it red..-re i'f()
,) /A $500.00 investigation fee, if required
•1u be Special Review plat recording fee($11.00 first page +$10.00 each additional page)
•
Updated'02-01-10
1
1;hi', Preliminary Drainage Report -5CC n cy; d- 5t4'i='fr
/r Preliminary Traffic Study
j\i/A, Flood Hazard Development Permit(FHDP)
J,, 't) Geologic Hazard Development Permit(GHDP)
In an effort to increase efficiency and reduce processing time involved in re-binding applications for mailing,
all copies shall be collated into complete application packets and bound with binder clips only. All maps are
to be folded and included with each individual packet. Applications bound in any fashion other than binder
clip (spiral bindings, three ring bindings, etc). generally require additional processing time and may be
returned to the applicant without review.
1. The following documents or any other similar documents shall be submitted by the applicant if
deemed necessary by the Board of County Commissioners or its duly authorized representative for
the protection of the health, safety and welfare of the inhabitants of Weld County.
A. Applicant shall submit a copy of the reclamation plans submitted to the State of Colorado
Mined Land Reclamation Board. The reclamation plans must include a map showing
property boundaries, topography, bodies of water, and access.
B. Plans for obtaining water supplies for the mining operation.
Water Consumption
" 1. An analysis of the amount of water which will be required to be replaced for each
phase of the mining operation and at build out.
• - `, r•�..�.i2. The analysis should address the amount of water consumed in the mining and
processing of the material including dust suppression.
. t- t§. The analysis should address the issue of water consumed for domestic purposes
by on-site staff.
'Z' 4. The analysis should address the issue of evaporative losses consumed from
exposed groundwater including a discussion of the feasibility of lining.
Water Replacement Source
+ff t 1. A description of the surface and well water rights and their anticipated yields when
converted to be used as replacement for the water consumed in the mining
operation.
I' 2. Projections as to the mining of replacements to the river system from these sources.
: - 3. A description of methods proposed to monitor, prevent and mitigate against direct
injury to users of wells in the vicinity of the gravel operation as a result of
alterations in the groundwater regime occasioned by the mining operation or to
said impacts.
,
c. Cross sections of drainage structures (culverts for access to county roads, interior haul
fit t
roads crossing of ponding or stream channeling).
fi. ..
3 d. Profile and typical cross section of haul roads.
• 2
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