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Home My WebLink About20111912.tiff Weld County Planning Department GREELEY OFFICE 0.10129011 • MEMORANDUM �.EC' IVED TO: Kim Ogle, Planning Services DATE: January 17, 2011 "lige FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: USR-1760, Varra Companies, Inc. —Additional Requirement COLORADO Kim, Based on the attached letter, recently received from FEMA,we would like to add the following requirement to the Varra project. Prior to vacation of the USR, if mining has occurred,a Letter of Map Revision (LOMR) must be approved by the Federal Emergency Management Agency(FEMA) pursuant to floodplain regulations codified in the Code of Federal Regulations(CFR)Title 44 Parts 60 and 65. Thank you, Heidi C L f . Heidi Hansen, P.E. Weld County Public Works • 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3745 pc: USR-1760 EXHIBIT • 2011-1912 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1760 Varra Gravel\USR-1760-Additional.doce Weld County Planning Department GREELEY OFFICE • rat MEMORANDUM,. TO: ' RAE VE® TO: Kim Ogle, Planning Services DATE: December 28, 2010 : Heidi Hansen, P.E., ic C SUBJECT:rUSR-1760, Varra Companies,Works Inc.Department COLORADO 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: Ash Ave is under the City of Greeley's jurisdiction. Access/Roadway: The site will utilize a main access onto Ash Ave with secondary low use accesses also onto Ash Ave. The City of Greeley will approve access points to Ash Ave and determine if off-site roadway improvements are necessary to accommodate the use. 1. Please provide written approval for the proposed access points from the City of Greeley. • 2. The County, in cooperation with the City of Greeley, is requiring a tracking pad to prevent tracking of mud and gravel on to the paved roadway. The tracking pad may consist of either 300 feet of asphalt or concrete pavement with adequate turning radiuses on to Ash St. or 100 feet of asphalt or concrete pavement with double cattle guards. Site: 3. 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. 4. The following table shows the approved seed mix for your site. Please contact Tina Booton, Weed Division Supervisor, with any questions or requests for substitutions (970-304-6491 x3770). Species #pls/Acre Switchgrass 1.0 Blue grama 1.5 Sideoats grama 1.5 Little bluestem _ 2.0 Western Wheatqrass 4.0 Smooth brome 3.0 Alkali sacaton 1.5 Sand dropseed 1.5 Total 14#pls/Acre • Regreen should be used at 1-2 pounds/acre as a nurse crop. Stormwater: U AReferrals\USRVUSR-1760APW-USR-1760.docx • 5. The site is located within the FEMA mapped Zone A 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. 6. Prior to recording of the plat, a Flood Hazard Development Permit (FHDP) is required in order to construct any type of building, place fill, or conduct mining operations within the FEMA designated floodplain Please note that it may be necessary to utilize hydraulic modeling showing the impact of mining on adjacent properties. For FHDP modeling purposes, it will be necessary to utilize the Army Corps of Engineers modeling that has been accepted by FEMA. 7. Please show the locations of the topsoil, overburden, and product stockpiles on your maps. Note that stockpiles cannot be placed in the floodway and stockpiles located within the 100-year floodplain must be shown to have no impact on the water surface elevations on the adjacent properties not owned by the applicant. Stockpiles must also be oriented to be parallel to the flood flows in order to minimize the impact to adjacent properties. 8. 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. 9. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. 10. The applicant provided a copy of Storm Water Management Plan application as submitted to the State. Please provide a copy of the approved permit once it has been obtained. 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-1760 • U_AReferralsVUSRUJSR-1760'PW-USR-1760.docx PUBLIC WORKS DEPARTMENT I 8 6 1 - 2 0 1 1 1111 H STREET, P.O. BOX 758 • GREELEY, COLORADO 80632 f \/ EBSITE: WWW.CO.WELD.CO.US �� I v PHONE: (970` "a56-4000, EXT. 3750 W E L O NTY Y APR 2 2 2011 FAX: (970) 304-6497 1 Weld County nronlag Department April 19, 2010 GREELEY OFFICE Colorado Division of Reclamation, Mining, & Safety Attention: Michael Cunningham 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Varra Resources Mining Permit Number M-2010-049 Dear Mr. Cunningham, Weld County Public Works has recently become aware of a pending permit amendment for the Western Sugar Reclamation Land Development Project being proposed by Varra Companies. The pit is proposed to be located at or near section 9, T5N, R65W. DMRS Rule 34-32.5-109(3) requires that the mining operator comply with local land use • and zoning regulations. Since FEMA and the Colorado Water Conservation Board (CWCB) requires local jurisdictions to administer the Federal and State floodplain regulations, Weld County requests that a condition be added to the reclamation permit requiring a FEMA approved Letter of Map Revision (LOMR) prior to the release/vacation of the DMRS permit. The reason for the above request is that Weld County has recently been informed by FEMA in a letter dated January, 13, 2011, that in order to remain compliant with the National Flood Insurance Program, Weld County has to ensure that LOMRs are submitted to FEMA for gravel pits located in a floodplain (See attached letter). FEMA requires that changes such as 100-year flood water surface elevations, floodplain boundaries, and floodway boundaries be documented and accepted through their LOMR process. Subsequently, Weld County requires evidence of a FEMA approved LOMR prior to vacation of the County's land use permits. The Federal Regulations that apply can be found in 44CFR 60.3 and 65.3. FEMA, the CWCB, and Weld County have floodplain regulations which potentially impact how the site can be used after reclamation. The above mentioned agencies also have regulations in place regarding the erosional stability of any fill that may be left in the floodplain at the completion of mining. Gravel mining activity has potential adverse impacts on the hydrologic balance of the groundwater and surface water systems. The FEMA mapped floodplain is a part of the • hydrologic balance and is therefore potentially impacted by gravel mining operations. DRMS Rule 34-32.5-116(4)(h) requires that changes to the hydrologic balance of the affected land be minimized. Since the function of the floodplain is a piece of the Page 1 of 2 M:\PLANNING-DEVELOPMENT REVIE\M7-DayCompletenessRevlews\2010\PA10-067 Floodplam Comments to DMRS 4-19-11 clocx hydrologic balance, we request that the operator show what impact their mining activity has had on the 100-year flood water surface elevations and floodplain functions through • a FEMA approved LOMR prior to DMRS releasing the reclamation permit. 'DRMS Rule 34-32.5-116(4)0) requires that areas outside of the affected land shall h protected from damage occurring during the mining operation and reclamation. Mining and reclamation activities may have changed the conveyance of the floodplain in the 100-year flood. Since the currently mapped floodplain extends beyond the operator's property, the potential exists for surrounding property owners to be impacted or even damaged by the mining and reclamation activities that have occurred on the operator's property. The operator can reduce their liability by obtaining a FEMA approved LOMR which documents the impacts that mining has had on the FEMA mapped floodplain. To summarize, in order to be consistent with applicable Federal, State, and Local floodplain regulations, Weld County requests that the DRMS place a condition on the amended permit to require a FEMA approved LOMR prior to the release/vacation of the DRMS permit. This requirement will provide evidence that the mining operation has not adversely impacted the hydrologic balance or adversely impacted properties outside of the affected land from damage caused by the mining and reclamation operations. Sincerely, I 7 c!! I i;'YILftV • Clay-kimmi, P.E., CFM Drainage and Floodplain Engineer Weld County Public Works Original: Michael Cwminghanie,DRhtS CC: Garrett Varra, lArra Cantpaniex 8120 Gage.S/,Trcderieh,C)805/6 Kim Ogle,Planting Services • Page 2 of 2 M:\PLANNING-DEVELOPMENT REVIEW\7-DeyCompletenessRevlews\2010\PA10-967 Floodplain Comments to DMRS 4-19-11 rlocx • • U.S.Department of Homeland Security Region VIII Denver Federal Center,Building 710 • P.O.Box 2528 Denver,CO 80225-0267 �ecr�Fti FEMA .JC: oy�['1Nh R8-MT January 13,2011 Clay Kimmi,P.E., CFM Drainage &Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 As a follow up to our telephone call discussing the gravel pits in Weld County and the National Flood Insurance Program(NFIP),I offer the following history and comments. Weld County joined the NFIP Sept. 16, 1974 at which time a Flood Hazard Prevention Ordinance was adopted in exchange for flood insurance being available to anyone in the community. The currently effective FIRM was preceded by two maps; a Flood Hazard Boundary Map (FHBM) dated • March 21, 1978 and a FIRM dated March 18, 1980. Weld County's current Flood Insurance Rate Map(FIRM) and floodplain prevention ordinance is dated September 22, 1999.The County currently has 268 flood insurance policies in force and has experienced 22 paid claims since 1978. There is currently a question whether a development activity that was permitted prior to the initial FIRM requires a Letter of Map Revision(LOMR)to be completed.Due to the current FIRM not reflecting the current physical features due to manmade actions, it is interpreted that a LOMR will be required to meet the minimum NFIP requirements codified in the Code of Federal Regulations (CFR)Title 44 Part 60.3, specifically 44 CFR 60.3 (b)(3): "Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres,whichever is the lesser, include within such proposals base flood elevation data."For the purposes of the NFIP, development is defined in CFR 59.1 as any man-made change to improved or unimproved real estate,including but not limited to building or other structures,mining, dredging, filing, grading,paving excavation or drilling operations or storage of equipment or material. This action is supported 44 CFR 65.3 Requirement to submit new technical data which states that: A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions.As soon as practicable,but not later than six months after the date such information becomes available, a community shall notify the Administrator of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions,risk premium rates and flood plain management requirements will be based upon current data. 44 CFR 60.3 (b) (7) also states...Assure that the flood carrying capacity within the altered or relocated portion of ay watercourse is maintained. wvw.fema.gov • Clay ICinmii January 13, 2011 Page 2 With the changes that have been made within the floodplain, and for the County to remain in compliance with the NFIP,per 44 CFR 65.3. Therefore, the gravel pit operation is required to complete a LOMR. If you have any further questions or concerns please give me a call at 303-235-4715. Sincerely, aL±inuuck, Barbara D. Fitzpatrick Senior NFIP Program Manager Cc:Michael Gease,R/8 NFIP • • retz.„ MEMORANDUM TO: KIM OGLE, PLANNING SERVICES FROM: LAUREN LIGHT, ENVIRONMENTAL C. SUBJECT:USR-1760 VARRA COMPANIES, NCFIEALTH COLORADO DATE: 1/17/201 1 Environmental Health Services has reviewed this proposal for a mineral resource development facility including concrete and asphalt batch plants, scale house and supporting facilities for mining operations. The application states that potable water will be supplied by bottled water and two portable toilets will be utilized for visitors and employees. As the mining will occur for approximately 25 years, permanent sanitary facilities are required per Department policy. A vault is allowed as an alternate individual sewage disposal system (ISDS) and can be installed at the scale house. Portable toilets and bottled water can be utilized at the working face of the mine. Noise will be restricted to the level allowed in the industrial zone district. In addition, . berms, conveyors and shroud covers could be installed to limit noise impacts. A minimal noise plan is required. A dust abatement plan is required. The plan should include control measures such as, application of water, revegetation, conveyors, reducing vehicle speeds, compaction of road surfaces, berms and covering or watering loaded haul trucks. The application states that water is available through an approved substitute water supply plan and a well permit however no documentation from the Division of Water Resources was included. A waste handling plan is required and should include the name, address and phone number of the waste removal and disposal companies. The plan should indicate how any waste associated with the facility, such as employee trash, is contained and disposed of. 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, if applicable. 2. The applicant shall submit a dust abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Health & Environment. 3. The applicant shall submit a noise abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Health & Environment. 4. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing areas 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. 5. 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, if applicable. • 6. 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. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. 7. The Division requires that an odor abatement and response plan be submitted prior to operation of the facility. This plan shall be implemented at the request of the health department in the event that odor levels detected off site of the facility meet or exceed the odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented in the event that the Health Department receives a significant number of odor complaints and in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. 8. 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. 9. The applicant shall submit evidence, from the Colorado Division of Water Resources, demonstrating that the well and substitute water supply plan are appropriately permitted for the industrial use or provide a will serve letter from a • 2 • water district. This requirement is for water that will be utilized for potable uses as well as dust control. 10.The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirement be incorporated into the permit as a condition that must be met one month prior to construction activities: 1. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more • information. We recommend that the following requirement be incorporated into the permit as a condition that must be met prior to the issuance of the Certificate of Occupancy for the scale house: 1. An individual sewage disposal system (ISDS) is required and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A vault is an acceptable ISDS. 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 • 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 and patrons of the facility at all times. 10.Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 11. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etc. for up to six months at each location. 12.Bottled water shall be provided to employees at the temporary locations of the working face at all times. 13.A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at all times. 14.The applicant shall comply with the Drinking Water section of the Water Quality Control Division of the Colorado Department of Public Health and Environment, if applicable. • 4 15.The facility shall be operated in a manner to prevent odors. Odors detected off • site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. 16.The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 17.All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 18. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 19.The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. (OMLR) • 20.The operation shall comply with the Mine Safety and Health Act. (MSHA) 21. The operation shall comply with the Occupational Safety and Health Act. (OSHA) 22.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. • 5 DEPARTMENT OF PLANNING SERVICES Kit 6 1555 N 17`" Avenue GREELEY, COLORADO 80631 • PHONE (970) 353-6100, EX. 3540 FAX (970) 304-6498 COLORADO Date: December 29, 2010 Applicant: Varra Companies Project: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels, and stones) and Materials Processing including concrete or asphaltic batch plants and/or recycling operations in the A (Agricultural) Zone District. Case Number: USR-1760 Parcel Number: 0961 04 000015, 0961 04 000016, 0961 09 100002, 0961 09 100003, 0961 09 200012, 0961 09 200013, 0961 04 302034, & 0961 04 302008. • Narrative: According to the narrative provided by the applicant, new construction is proposed which requires building permits. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following have been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2008 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. Regards, Ken Swanson Weld County Building Official 970-353-6100 ext. 3548 • 1625 Broadway 7 noble RECEIVED Suite 0202 energy Denver, Colorado 80202 JUN 1 6 2011 Tel: 303.228.4000 • Fax: 303.228.4280 June 13,2011 Weld County Planning Department CERTIFIED GREELEY OFFICE MAIL RETURN RECEIPT REQUESTED ARTICLE# : 7011 0110 0002 5212 3640 Department of Planning Services 1555 N. 17th AVE Greeley,CO 80631 Re: Varra Companies, Inc.-Mining Operations CASE NUMBER: USR-1760 Township 5 North, Range 65 West,6th P.M. Part NW4,NE4&NE4,NW4 Section 9 ;and part S2 S2 Section 4 Weld County, CO Ladies and Gentlemen: Under a Development Application Referral dated June 7,2011,the Department of Planning Services as representative for Varra Companies, Inc. ("Applicant") contacted Noble Energy, Inc. ("NEI"), regarding a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones) and Materials Processing including concrete or asphaltic batch plants and/or recycling operations in the A(Agricultural)Zone District in the captioned property("Property"). NEI operates mineral leasehold and existing oil and gas wells (the "Wells") and associated pipelines and facilities located on the Property. NEI is very concerned about the impact the proposed development will have on its ability to continue to develop,produce, operate and maintain the Wells,pipelines and access roads on the Property. NEI has not had recent contact with the Applicant relative to this proposal. To date,no agreement has been finalized and NEI has received no written confirmation from the Applicant that NEI's real property rights to use a reasonable portion of the surface for oil and gas operations and development are being preserved. • NEI requests assurance from the State of Colorado that the proposed development will not preclude NEI from developing, producing, operating, drilling and maintaining its Wells, related pipelines and access roads. Until this matter is resolved by agreement with the Applicants,NEI is not waiving its rights as a mineral leasehold owner. Any approval of the proposed development should be conditioned upon the preservation of NEI's real property rights that allow it to make reasonable use of the surface of the lands for oil and gas development and operations. The proposed development must take into account and provide adequate setbacks from NEI's current well sites,production facilities and pipelines as well as continuous access to these assets. NEI requests that these comments be entered into the record for the proposed development and that we continue to be provided with advance notice of all other hearings and/or applications affecting the Property. If you have any questions,please feel free to contact the undersigned at(303)228-4020. Sincerely, NOEL NGY, INC. i BqFn t`Barry"Myhr /'" Special Projects Coordinator CC: Curt Moore(email) Robert Leo(email) Kim Ogle(kogle(a,,co.weld.co.us) • Varra Companies Inc. (dpodel(iI varracompanies.com) Kim Ogle oom: Brandon Gossard [Brandon.Gossard@Greeleygov.com] nt: Thursday, June 02, 2011 10:09 AM : Kim Ogle Subject: RE: Referral WCR 14:10 Kim, I got some answers from our engineers for those three issues. • The Transportation Impact Study requirement was waived. • In order to relocate the principal access to Ash Avenue the City will require a roadway maintenance agreement in addition to requiring acceptable construction drawings and a City of Greeley Public Works Right-of-Way permit. • If mining is proposed on that corner parcel (096104302034) the operations on that parcel will require the approval of the City which will include all relevant code requirements. Only the site within the City limits would be subject to these standards (e.g. floodplain development, zoning, etc.) Without such City approval no operations may take place on the parcel (096104302034). om an ease of implementation perspective it may be simpler to just remove the parcel giro the overall proposal which would reduce the number of outstanding issues to only access to a City right-of-way. Please let me know if you have any questions. Brandon Gossard, City of Greeley From: Kim Ogle fmailto:koqle@co.weld.co.usl Sent: Thursday, June 02, 2011 5:26 AM To: Ryan Hollinshead Cc: Brandon Gossard Subject: FW: Referral WCR 14:10 Good morning, In follow-up to my inquiry of May 19,does the City of Greeley have any comment? Thanks! Kim Kim Ogle Planner Ill department of Planning 555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 1 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 S :F6IJJIi i7\ u Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent:Thursday, May 19, 2011 2:02 PM To: 'Ryan Hollinshead' Subject: Referral WCR 14:10 Hi Ryan, I am following up on a referral from Greeley for the Varra Company Ash Avenue mine. DRMS# M-2010-049, County land use permit number USR-1760 In the referral comments received on December 17, 2010, it was indicated that a Traffic Impact Study was required which meets the city's Street Design criteria. ate applicant is telling the County that this requirement has been waived. As Planning does not have a email stating ch, will the TIS continue to be required? From your knowledge, will there be required construction improvements within the City's r-o-w? Varra has suggested that if parcel 096104302034 is removed from the application that all City requirements are out the window. With access remaining on Ash Avenue,would the City not want to party to such activities? Any assistance or clarification that you are able to provide will be most beneficial and appreciated. Thanks! Kim Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 •csim it e:970.304.6498 2 :t'P1•:Ji i Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. i S 3 r Weld County Planning Department GREELEY OFFICE Gin of nFc 7 79nin • GreeY le RECEIVED December 17, 2010 Kim Ogle Weld County Planning and Building Department 1555 N. 17`h Avenue Greeley, CO 80631 Re: Review of USR-1760 Dear Kim: Attached with this letter are review comments from City staff regarding USR-1760. Please pass these • comments on to the applicant. Thanks for the opportunity to review this application. Please call Brandon Gossard at (970) 350-9824 or Ryan Hollinshead at (970) 336-4145 with any questions you may have. If desired, City staff is available to meet to discuss the included comments. cSincerely, Derck Glosson, P.E. Engineering Development Manager cc: Brandon Gossard, Planner I Attachment • 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: 12/17/2010 Project Name: WCR 14:10 City of Location: Ash Ave & S. of the Cache la Poudre River Greeley Reviewed By: Brandon Gossard Phone: ( ) 350-9824 Submittal Date 12/1/2010 Department Planning City ID# 1971 Submittal #: 1 Application Page ❑ New The application provided only includes development review comments and responses along with two maps of the proposed site. The City requests a copy of the full application. Many potential concerns of the City cannot be determined without access to the materials referenced in the comments. Specifically as it relates to the extraction and reclamation plans and maps. East Greeley Study Page ❑ Recommendation P.1 states that Weld County and Greeley should "Encourage the incorporation of open space during the land reviews by both Greeley and Weld County." • Reclaimed lands can be utilized successfully as an amenity for adjacent development. While the comments provided indicate an intention to line the ponds for water storage, the end-use of the surrounding land was not clearly identified. Are there plans to create areas for potential further development? ❑ Recommendation 0.11 states that Weld County and Greeley should "Encourage land uses adjacent to the Poudre and South Platte Rivers to minimize negative impacts and treat them as amenities, and by minimizing long term negative impacts." ❑ Recommendation 0.8 states that Weld County and Greeley should "Work with industry for the development of sand and gravel pit reclamation that would facilitate multi-parcel reclamation, thus reducing the need for water augmentation and increasing the public amenity aspect. Pursuant to this recommendation particular attention should be paid to the design of the final reclamation of the site. Slopes of 4H to 1V or flatter above the anticipated final water level are preferred for ease of maintenance, better location for vegetation, lesser erosion potential, and potential end-use opportunities. ❑ Recommendation D.5 states that Weld County and Greeley should "Direct growth in a manner which respects the rural unincorporated areas as well as the natural environment". Much of the correspondence from the applicant has indicated a desire to complete the reclamation of the site in such a way as it enhances the natural habitat along the river corridor. As it relates to the end use of the site, particular attention should be paid to the interface between urban levels of development expected in the area and the natural environment and areas of ecological • significance along the river. Friday,December 17,2010 Page 1 of 4 • ❑ Overview Chapter 4 outlines recommendations for various actions/types of land use within the East Greeley Area. Of relevance to this proposal are: D. Growth and land Use; O. Natural Resources; and P. Parks & Open Space. IGA Page ❑ Per item 2.G. of the East Greeley IGA referral comments may reference the East Greeley/Weld County Study. ❑ Overview The City of Greeley appreciates the opportunity not only in accordance to Weld County practices within 3 miles of a corporate limit, but also Per Item 2. detailed in the Inter-Governmental Agreement signed and agreed upon to by the City of Greeley and Weld County in 2009 Process Page ❑ Any extraction, stockpiling, or processing operations located within the corporate limits of Greeley shall first obtain zoning approval for operations. The applicant will need to obtain specific zoning approval if any operations beyond are to be commenced on the properties within the City. The current extraction plan indicates a triangular shaped property currently within the City. If the intention is to only be process through Weld County, the subject site will need to be removed. • • Friday,December 17,2010 Page 2 of 4 *_ Project Review Comments Date: 12/17/2010 �YrProject Name: WCR 14:10 City of Location: Ash Ave & S. of the Cache la Poudre River Greeley Reviewed By: Ryan Hollinshead Phone: (970) 336-4145 Submittal Date 12/1/2010 Department Eng Development Review City ID# 1971 Submittal #: 1 Civil Drawings Page ❑ Advisory City accepted construction drawings are required in order to obtain a City of Greeley Public Works Right-of-Way permit. This permit is required to construct any improvements within the City's right-of-way. Once the extent of the required improvements are known (via the required traffic impact study), please contact myself to set up a meeting to discuss the requirements of the referenced construction drawings. General Page ❑ New Mining activities within the floodway and within the City of Greeley's jurisdiction will require the following: > Stockpiled materials and equipment shall not be stored within the floodway of • the Poudre River. > A certification letter 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. >A letter from a Colorado registered professional engineer certifying that the stability of the Poudre River channel will not be compromised by the proposed mining activities. ❑ New Any proposed improvements within the 100-year floodplain and within the City of Greeley's jurisdiction will require a Flood Fringe Development Permit from the City of Greeley. Please see the City's website (www.greeleygov.com) or call Derek Giosson, City of Greeiey Fioodpiain Manager(970-350-9798) for additional information and permit application. ❑ New Please identify and label all utilities on or directly adjacent to the proposed development on an overall site plan. The City is specifically concerned about the existing sanitary sewer and storm water mains adjacent to this proposal. ❑ New Prior to the City's acceptance of this project's access onto a City roadway(Ash Avenue), a Roadway Maintenance Agreement must be agreed to by both the applicant and the City of Greeley. This agreement will be drafted by the City, once additional site related information and a traffic impact study are provided. Please provide the intended loading to ensure that the current roadway is adequate to handle the proposal. Traffic Study Page Friday,December 17,2010 Page 3 of 4 O Code Please provide a Traffic Impact Study, which meets the applicable City of Greeley • Street's Design Criteria. This study shall be completed by a Professional Traffic Engineering and shall address the current condition of Ash Avenue, all adjacent intersections that will receive substantially more traffic, and improvements needed to the adjacent roadways including Ash Avenue, Highway 263 (8th Street), 16th Street, etc. (including the need for any auxiliary lanes). For specific requirements and a detailed scope of this required Traffic Impact Study, please contact Eric Bracke the City's Traffic Engineer at 970-350-9357. The City's acceptance of this required Traffic Impact Study is a requirement of obtaining access to Ash Avenue, and additional Colorado Department of Transportation requirements may also apply. • • Friday,December 17,2010 Page 4 of 4 Kim Ogle From: Nice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] (bent: Tuesday, May 03, 2011 10:48 AM o: 'Brad Jones'; Kim Ogle Cc: Garrett Varra Subject: RE: Varra Companies-Weld County USR 1760 Brad, Based upon the information provided, it would appear that your traffic will not increase. CDOT will not require a new access permit and has no further comment. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 iiirom: Brad Jones fmailto btones@varracomoanies.coml ent: Friday, April 08, 2011 10:22 AM To: Hice-Idler, Gloria Cc: Garrett Varra Subject: Varra Companies - Weld County USR 1760 Gloria, Please find attached your comments concerning our proposed gravel pit in Weld County. In response to your concerns, I am emailing you to clarify our intended operations. Please note that this proposed pit is more an extension of our existing operations adjacent to the east of this site, rather than a new operation. This pit will take the place of our existing pit at the conclusion of reclamation on the existing site. Therefore, we are not anticipating any addition traffic to be generated in the area as a result of the USR. Rather, we expect traffic to utilize our proposed access point off of Ash Avenue, and over time discontinue use of(or utilize as a secondary access) our access point off of 16th Street. Regarding traffic at 8th Street and Ash Avenue, we only anticipate about 10% of our traffic coming from this direction. In reviewing the monthly truck trips to our existing pit,this amounts to a range of 2-20 trucks per day. Also, the City of Greeley was not clear on the fact that we already operated a pit adjacent to this site, but we have since clarified this for them. Therefore, the City is not requiring us to prepare a traffic study since additional truck traffic is not anticipated. I hope this answers your question/concerns, but if not please feel free to contact me. We would be more than happy to meet with you in person as well. Thank You, Brad Jones, P.E. evil Engineer Varra Companies 8120 Gage Street 1 Frederick, Colorado 80516 303-666-6657 (office) 303-666-6742 (fax) • • • 2 Kim Ogle From: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] *wit: Tuesday, November 30, 2010 3:46 PM o: Kim Ogle Subject: USR-1760 Since this proposal is off-system, CDOT's concerns are with the intersection of 8th Street (SH 263) and Ash. The applicant will need to determine if this proposal increases traffic at this intersection by more than 20%. If it does, then a new state highway access permit will need to be obtained. We would also be interested in the number of vehicles turning from SH 263 onto Ash. Gloria Hice-Idler Permit Supervisor COOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 • • 1 Kim Ogle rom: Kristine Ranslem nt: Monday, June 06, 2011 7:53 AM o: Kim Ogle Subject: FW: USR-1760 PC & BOCC hearing dates Attachments: Referral Agencies.docx I assume you've already received this referral.....?? Kristine Ranslem Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Marsha.Hofer@faa.gov [mailto:Marsha.Hofer@faa.gov] ent: Monday, June 06, 2011 7:51 AM o: Kristine Ranslem Subject: Fw: USR-1760 PC & BOCC hearing dates The FAA reviews planning and construction proposals through the submittal of FAA Form 7460-1, Notice of Proposed Construction or Alteration. If any portion of the proposal is located within 20,000 feet of a public use runway (and breaks a 100:1 plane coming off the nearest point of the nearest runway); or, is more than 200 feet above ground level at any location, the FAA requires the project's proponent to file a Form 7460-1. If the proposal does not meet any of the criteria above, it may still be necessary to file a Form 7460-1 if the structure requires an FCC license. The FAA uses information provided on this form to conduct an airspace analysis to determine if the proposal will pose an aeronautical hazard and to minimize the adverse effects to aviation. FAA Form 7460-1 can be filed electronically at www.oeaaa.faa.gov. This website also has a tool to assist the proponent in determining whether or not they must file. If you have questions regarding this mater, please call me at (303) 264-1251. Marsha Hofer Program Specialist Orenver Airports District Office 303) 342-1251 (303) 342-1260 (fax) 1 Forwarded by Marsha Hofer/ANM/FAA on 06/06/2011 07:49 AM •From: Linda Bruce/ANM/FAA ANM-DEN-ADO, Denver, CO To: Marsha Hofer/ANM/FAA@FAA Date: 06/06/2011 07:42 AM Subject: Fw: USR-1760 PC & BOCC hearing dates Marsha, See message below. Thanks. Linda Bruce Airport Planner FM Denver Airports District Office (303) 342-1264 Forwarded by Linda Bruce/ANM/FAA on 06/06/2011 07:42 AM From: Kristine Ranslem <kranslem@co.weld.co.us> • To: Lauren Light <Ilight@co.weld.co.us>, Mary Evett <mevett@co.weld.co.us>, Steven Reams <sreams@co.weld.co.us>, Donald Carroll <dcarroll@co.weld.co.us>, Heidi Hansen <hhansen@co.weld.co.us>, "awilsonwheeler@gxy.net" <awilsonwheeler@gxy.net>, Kenneth Swanson <kswanson@co.weld.co.us>, Bethany Salzman <bsalzman@co.weld.co.us>, "joanna.williams@state.co.us" <joanna.williams@state.co.us>, "Gloria.Nice-Idler@DOT.STATE.CO.US" <Gloria.Hice-Idler@DOT.STATE.CO.US>, "Billings, Sandra" <Sandra.Billings@state.co.us>, "brandon.muller@state.co.us" <brandon.muller@state.co.us>, "michael.cunningham@state.co.us" <michael.cunningham@state.co.us>, Joyce Wallace <joyce.wallace@wgcd.org>, "terry.a.mckee@usace.army.mil" <terry.a.mckee@usace.army.mil>, Linda Bruce/ANM/FAA@FAA, Sheryl Trent <STrent@ci.evans.co.us>, "gardencity1938@aol.com" <gardencity1938@aol.com>, "brandon.gossard@greeleygov.com" <brandon.gossard@greeleygov.com>, "bjohnson@greeleyschools.org" <bjohnson@greeleyschools.org>, "dale.lyman@greeleygov.com" <dale.lyman@greeleygov.com>, "jenna@conquestcompanies.com" <jenna@conquestcompanies.com>, "ronnie.singleton@meritenergy.com" <ronnie.singleton@meritenergy.com>, "erin.gerner@meritenergy.com" <erin.gerner@meritenergy.com>, "bmyhr@nobleenergyinc.com" <bmyhr@nobleenergyinc.com> grate: 06/02/2011 09:43 AM Subject: USR-1760 PC & BOCC hearing dates 2 Weld County Planning Department GREELEY OFFICE CoZQ DEPARTMENT OF NATURAL RESOURCES DEC 0 Z016 8`. DIVISION OF WATER RESOURCE I Z/ n t *' November 30, 2010 Ce J ED 1876.. Governor Kim Ogle Mike Kin Weld County Planning Department Executive Director 1555 N 17th Avenue Dick Wolfe,P.E. Director/State Engineer Greeley, CO 80631 RE: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones) and Material Processing including concrete or asphaltic batch plants and/or recycling operations in the A (Agricultural)Zone District Case No. USR-1760 Sec.4 and 9, T5N, R65W, 6th P.M. Water Division 1,Water District 3 Dear Mr. Ogle: This referral does not appear to 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 do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition,the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure,the issuance of a well permit, or physical availability of water. • According to the submitted information, the proposed Gravel Mining operation will mine sand and gravel for urban and rural infrastructure and development. The mine site is known as the Western Sugar Reclamation Land Development Project that is permitted by the Division Reclamation Mining and Safety ("DRMS") under permit no. M 2010-049. Based on the submitted information the Gravel Mining operation will cause depletions to the Cache La Poudre River due to evaporative losses from exposed ground water, operational losses (dust control, water removed with the mined product) and dewatering. Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required. In addition, if stormwater runoff is intercepted by this operation and is not diverted or captured in priority, it must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE- WQCD. Otherwise, the operator will need to make replacements for evaporation. Should you have any questions, please contact loana Comaniciu of this office. Sincerely, ^l Joanna Williams, Wate Resource Engineer JMW/IDC CC: Dave Nettles, Division 1 Office • Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us STATE OF COLORADO . COLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street,Room 715 Denver,Colorado 80203 Phone 303.866.2611 Fax 303.866.2461 DEPARTMENT OF NATURAL RESOURCES Bill December 17,2010 GovernorJr Mike King Kim Ogle Location: Executive Director Weld County Planning Dept. S1/2 Section 4,N'/z Section 9, Vincent Matthews Division Director and 1555 N. 17th Ave. T5N, R65W of the 6th P.M. State Geologist Greeley, CO 80631 Subject: USR-1760,Varra Companies Gravel Pit Weld County,CO; CGS Unique No. WE-11-0011 Dear Mr. Ogle: Colorado Geological Survey has reviewed the Varra Companies' proposed Western Sugar Reclamation Land Development Project. I understand the current application is for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (sands,gravels and stones)and Materials Processing including concrete or asphaltic batch plants and/or recycling operations in the A(Agricultural)Zone District. The USR application that I reviewed is dated November 2010. Colorado Geological Survey does not object to the proposed mining operation. However,the site contains surficial deposits of sugar beet waste. The applicant should be made aware that sugar beet waste is problematic from a geotechnical perspective. • Beet waste deposits, alone or mixed with soil, if not properly stabilized or otherwise mitigated, can contain or develop voids and sinkholes which reduce the strength and stability of the soil that the beet waste is mixed with. These voids and sinkholes can cause foundation movement and differential settlement of buildings, resulting in structural distress and damage. Beet waste can also cause poor pavement performance,sinkholes in roadways,and the consolidation of pavement subgrade. • Sugar beet waste is high in soluble sulfates, which can react negatively with concrete and chemically treated pavement subgrade, causing deterioration and other failures. • The presence of beet waste in soil can lead to the formation of the expansive mineral ettringite, potentially causing severe damage to pavements and foundations. Sugar beet waste is NOT suitable for use as a construction material, may not be marketed as a construction or fill material,and must be disposed of in a manner that does not create a structural fill problem elsewhere. It may be possible to design a soil-beet waste blend that is suitable for use as a non- structural fill material,but I don't know what percentage of beet waste would be acceptable. The applicant would need to have a geotechnical engineer design and test soils blends with varying beet waste content to determine engineering properties,potential for ettringite formation, and suitability for any proposed use. WE-11-0011_I Varra Companies Gravel Pit doc 110 PM.12.-17%2010 Kim Ogle December 17, 2010 Page 2 of 2 Thank you for the opportunity to review and comment on this project. If you have questions or need clarification of issues identified during this review,please call me at(303)866-2611 ext. 8316,or e-mail jill.carlson@)state.co.us. Sincerely, C)/ Mb/Carlson,C.E.G. Engineering Geologist • • WE-II-0011 I-0011 I Vbrra Companies Gravel Pit.doc I:10 PM,12117,20I0 Hello