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Home My WebLink About20100321.tiff INVENTORY OF ITEMS FOR CONSIDERATION AppU.cawt Lafarge West, Psc c/o). veecr�L Case N--IRratt ats�ts-z&.57 to Ad- _t staff c0 AVwewts X .7-pay Pre-subvnrttal Letter date), rebvuPru� ly, <ooe nepartvwewt of PLavvriau0 sewAees faCelo. elneel2 Foots PLawwi,wg Covwavl5s,owev FleLal, Clrecke Porn<. /1 lF Letter to ApViea wt Aff.dao/Lt o f s0 ,psstLwa LeoaL Noti fLcatteAs 2 AppLLcatLow X Maps Aee)/ Ea5eatewt CeVtff%Ca.tB Scrvou✓tdi-wo Property / MLweraL Owwers tttilitces ReferraL Lest — j C t /14'14( , ,:d17.j 6,--‘120 CF Town cf Severance, _ t... �:. May <: 3:2 .f'ho ds veran e re {'I tF u _ D R, oL , 20;:o." 4 1-71C-16,[k CAPS vain covin.v`aewts X Vest GruelCy Dis(Oct o +atcci D;L3. 2008 CodA Comph3cro r crra ,f tray c 2008 2008 /, u .t B C dated June 8. 008 Tierra' ll'OCF: L 'u kt r;ehie:J DfSf.,ef k'E-4 dctd Iau 3, c ' S I EXHIBIT I R 2010-0321 Department of Public Works, referral dated May 26, June 10,`June 16 & August 7, 2009"September 15, 2009;'October 26, 2009,`January 11. 2010 vW.J �� ec,J �� 1 o+V State of Colorado Division of Water Resources, referral received June 16, 2008 Department of Planning Services, Landscape referral dated June 16, 2008 Department of Public Health & Environment, referral dated June 19, 2008 City of Greeley, referral dated June 19, 2008 North Weld County Water district,. dated August 12, 2008 (1L,-. • ) Noble Energy, referral dated August 6, 2009 5 Post Referral Correspowdewce (Ci/ ti w loll) surface i se Agreem,ewt: Liviwgstow Leigh awd Tleoes Farms, r,wc dated Aecevm,ber 11, 2008 surface ctse Agreem.ewt: Livingston. Leigh and glue Chip ofL dated November 11, 2002 Response to Pre-subm.LttsaL Com.m.ewts dated MaJ 6, 2002 bL veecki. Associates, LLC +!CO At) Letter from.Queen of the River Cowsultawts, roc, correct%on%w propertu size from 327 acres to 321 acres dated September 2, 2002 Notice of Neighborhood Meeting, undated Letter from. Lafarge Aggregates and Covtrete Notice to Referral Agencies for pC I-tearing dated septem.ber 2.3, 2002 (,Q,Ltii,) Letter of Notification for public hearing dated septem.ber 23, 2002 �� } Mem.orawdum.from.PubLLc worlds to PLaww%wg dated Mau 22, 2009 Applegatte c.roup-Augmentation PLR w for Parsons Mine site, dated July 7, 2002 Public Notice, received b. Planning services datedJuLo 27, 2009 Letter from veechi Associates to PLa nwiwg with responses to I.t5R-1567 Planning Com.m.ewts datedJuLd 22, 2009 • Letter from.veecki Associates to PubLic works with responses to I4SR- 1567 Com.m.evtts and CowditLows of Approval datedju1u 30, 2005 Letter from.veechi Associates to roww of wiwdsor with responses to V5R-1567-PLawwiwg Com.m.ewts datedju4u 22, 2009 Letter from.veech%Associates to Ewvirowm.ewtal H-eaLth with respo i.ses to 1.4S1-156-Planning cm/IAA/views dated JuL j 22, 2009 Letter frovu veechL AssocLates to cite of c,reeleu with respowses to utSR- 1507 PLawwiw.g Covu.wLewts datedJuLu 22, 2009 Letter frovo,veechL AssocLates to BuiLdiwg Iwspectiow with respowses to LISR-1567 PLawwLwg Combotewts dateolptl 22, 2009 Letter to applicaAt dated August 3, 2009 seheduLiwg septehtber 12009 Pc rteavLwg (ersyvyyte. MLweraL Notice datedJuLuU 22, 2009 Letter front Noble Ewer@uu iwdleatLvLc Lack of SvA dated August 0, 2009 (64Vut o) Mei/Korn wduvto frown.PubLLa works to PLawwLwg dated August 7, 2009 itvi,l,) Letter frog. Lafarge to PLawwiwg services dated August 19, 2009 v recluestLvt cowtiwuawee uwtLL october 6, 2009 ('PC CX) Neighborhood MeetLwg NotLficat'ow scheduLed August 20, 2009, 'cv v oww date of receipt. Mek orawduv'n frown.PubLLo works to PLawwi wg dated septevwber 15„ 2009 ( o) CowtLwuawce vwew&orawduvw dated octobev&, 2009 eowtiwuawce Mevti.orawduvu.dated November 3, 2009 (PC EX Letter frow..Tetra Tech dated November 10, 2009 toJawet carter, Tra f fLc Ewgiweev cowcerwiwg CR 25 Letter frovvL Applegate Coup to sash ReLwseL DivLsLow of water Resources ointed jci vtuaru C, 2010 cowcerwLvug DBMS appLicatiow with attaehvu.ewts: cr rouwdwater MowLtorLwa awd MLtLgatiow pLaw Letter from QJ2eew of the River CowsuLtawts, Iwe to -MTh McKee, vs Arvwuu Corps of Ewgiweers dated1awuarj 0, 2010, coweerwLwg wetLawds Letter frovw Tetra Tech to Ed.wavd NLchoLs state Historic Preservatiow Officer datedJawuavu. 7, 2010 sLgwed surface arse Agreew.evts- Tigges oil, LLC; Noble-ewerguu, iwe., sLue Chip oLL, Iwe., Petro-Cawada Resources (LISA), Iwc. veeeLved )awuavu� 12, 2010 Deere awd Ault Slope StabLLituu AtAZILSLS , datedJawuaru 2010, LwcLudLwg uwdated Table: Per tovtewt wkaw-kv o e structures (4o,'„ea) Letter front City of c,reeLeu EwsLweerLwg Departs&ewtto CLavu K.ivwvwL, CDuwtu Public works dated)awuarf� 13, 2010, covtcerv,Lwg CR64.5 iwtprovek%ewts Letter from eau of cireeleu Ewg%weeriwg nepartvuewt to Clau K.i.vwwi.i, Couwt Public worizs datedJawuaru 14, 2010, cov cerwiwg CR 04.5 ivinprovewtewts Electrowle Mail datedJawuaru 1), 2010, frovV,Jared Ebert nivisiow of Reclamatiow, Miwiwg Sa fete cowcerwiwg ARMS Applicatiow Letter frovt veechi Associates to Public Worizs with respowses to LtSR- 1507 referral cov&4&ewts datedjawuaruu 11, 2010 datedjawuar 20, 2010 Letter frov ,, veechi Associates to_Fired Ebert Aivisiow of Reelaw.atiow, Miwiwg Sa fetuu with respowses to Adeguaouu Review#1 Covtkt.ewts dated Jawuaru 20, 2010 Electrowie Mail datedJawuaruu 28, 2010, frown.Couwtj Attorwe�'s of flee to jewwifer vecah% cowcerwiwg future oil awd gas well iwstallatiows Letter dated Jo!wuaruU 2y, 2010, frovwjared Ebert nl.visiow of Reclava.atiow, Miwiwg sa fetu iwdieatiwg ARMS applieatiow approval with owe stipulatiow dull scale Plats ofPav50w5 MI-At Project, vevi5edJawuarl� 20, 2010 Plawwiv,g services Memorawduvv,of Avuewdwtewt to stuff cov& tewt dated FebruarU 2, 2010 (.pc need/Easevutewt certificate � Survouwdiwg Propevtu /Miweva is owwevs N 8 Lttilities N. soil sun/euu 10 PC Exhibit 10A Lark.fru.. p�04,L,Jic : (�e ✓�.ti,rnne d. ci F- Jo 3 1P 4111s _ tuft fYUAVI ✓'a' (t,sri:w.a.nes d 61--4 of 09 IDC Ptt uu„a5 a—A.1 filtnw -u.. Cc,Ntiew.tiv,ee, (1atnJ l l I 3 6) 1011 Sty /)Iron .nu. OPumcLrny.+,>t- St* ClinuKw ; dAtd Jla/ro herebu eertifC that the 10 items idewtified hereh&were submitted to the Aepartrtewt of PLRVIA/11.0.0 servbaes at orprLor to thee scheduled Plawwiwg Covv'vv.issi.overs henriwg. K.lvie. Ogle ❑ Plawwer ((t WI ' 0 LAND USE APPLICATION COLORADO SUMMARY SHEET Planner: Kim Ogle Case Number: USR-1657 Hearing Date: September 1, 2009, cont. October 6, 2009, cont. November 3, 2009, cont February 2, 2010 Applicant: Lafarge West, Inc., do Anne Johnson and Jennifer Vecchi 10170 Church Ranch Way, Suite 200, Westminster, CO 80021 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A(Agricultural) Zone District. Legal Description: E2 SE4 Section 25; NE4 Section 36, T6N, R67W; and W2 SW4 Section 30; NW4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 64.5 and East and West of, and adjacent to County Road 25 Size of Parcel: +/-381 Acres; Area to be mined: 202.4 Parcel Number: 0807-25-0-00-048; 0807-36-000037; 0805-30-0-00-069; 0805-30-0-00-082; and 0805-31-0-00-004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • West Greeley Soil Conservation District, referral dated May 28, 2008 Town of Severance, referral dated May 28, 2008 < Code Compliance, referral dated May 29, 2008 • Department of the Army—Corps of Engineers, referral dated June 2, 2008 < State of Colorado, Department of Transportation, referral dated June 3, 2008 and June 9, 2008 • Department of Building Inspection, referral dated June 6, 2008 • Town of Windsor, referral dated June 12, 2008 • Department of Public Works, referral dated May 26, 2009; June 10, 2009; June 16, 2009; August 7, 2009; September 15, 2009; October 26, 2009, and January 11, 2010 • State of Colorado, Division of Water Resources, referral received June 16, 2008 EXHIBIT • Department of Planning Services, Landscape referral dated June 16, 2008 Parsons Mine—Lafarge West, Inc., USR-1657 Page 1 US' — ' , • Department of Public Health & Environment, referral dated June 19, 2008 • School District RE-4, referral dated June 23, 2009 • Windsor-Severance Fire Protection District, referral dated July 1, 2008 • City of Greeley, referral dated June 19, 2008, January 13, 2010, January 14, 2010 < Noble Energy, referral dated August 6, 2009 < State of Colorado, Division of Mining and Reclamation Safety, electronic mail January 19, 2010, January 29, 2010 The Department of Planning Services' staff has not received responses from the following agencies: < Weld County Sheriff's Office < Whitney Irrigation Company • State of Colorado, Division of Wildlife • Blue Chip Oil, Inc. • Tigges Oil, LLC < Petro-Canada Resources Parsons Mine—Lafarge West, Inc., USR-1657 Page 2 SPECIAL REVIEW PERMIT fiti�� ADMINISTRATIVE REVIEW 1119€ COLORADO Planner: Kim Ogle Case Number: USR-1657 Hearing Date: September 1, 2009, cont. October 6, 2009, cont. November 3, 2009, cont February 2, 2010 Applicant: Lafarge West, Inc.,c/o Anne Johnson and Jennifer Vecchi 10170 Church Ranch Way, Suite 200, Westminster, CO 80021 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A(Agricultural)Zone District. Legal Description: E2 SE4 Section 25; NE4 Section 36, T6N, R67W; and W2 SW4 Section 30; NW4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 64.5 and East and West of, and adjacent to County Road 25 Size of Parcel: +/-381 Acres; Area to be mined: 202.4 Parcel Number: 0807-25-0-00-048; 0807-36-000037; 0805-30-0-00-069; 0805-30-0-00-082; and 0805-31-0-00-004 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the Northern part of the property is classified as T-4 (Stream-terrace deposits — unevaluated Parsons Mine—Lafarge West, Inc., USR-1657 Page 3 coarse and fine aggregate resources) and the southern portion of the property is classified as F-1 (Floodplain and Valley-Fill Deposits — relatively clean and sound). The application materials indicated that approximately 6 to 18 feet of sand and gravel resources underneath 3 to 9 feet of overburden topsoil is located on the site. Section 22-5-80.B (CM.Goal 3) states, "Minimize the impacts of surface mining activities on surrounding land uses, roads and highways." The application proposes to place the processing area in the northeastern portion of the site behind a linear berm planted in herbaceous material with woody plant material to prevent erosional processes and to create visual interest. There is one single family residence adjacent to the northeast [Etters] and a second residential structure [Etters] to the southeast of the plant location. Proposed access to the site will be located off of County Road 64.5 annexed in 2009 by the City of Greeley via an internal access and utility road and will be paved for a minimum of 300-feet from the access point into the site. Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." CM.Policy 4.1.5. Require, where possible, that batch plants and processing equipment be buffered from adjacent uses. The processing area will be located in the northeastern portion of the site approximately 400 feet from the nearest residence. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is surrounded by agricultural and rural residential uses. A reclaimed gravel mine is located to the southeast of the Parson mine and an active gravel operation is located to the east. Development standards and conditions of approval will ensure that the proposed operation will be compatible with existing surrounding land uses. A landscape and screening plan addressing screening of adjacent residential properties from the proposed gravel mining operation is an attached condition of approval for this case. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed site is located within the 3-mile referral areas of the City of Greeley, Town of Severance and Town of Windsor. The proposed site is also located within the urban growth boundary of the Town of Windsor. The Town of Severance, in their referral response dated May 28, 2008, indicated no conflicts with their interests. The City of Greeley, in their referral response dated June 19, 2008, indicated with proper environmental mitigation and reclamation techniques along with appropriate right-of-way dedication the City of Greeley could recommend approval of this application. The Town of Windsor, in their referral response dated June 12, 2008, recommended approval of the application subject to the conditions that the applicant dedicate additional rights-of-way along County Roads 64.5, and a future conceptual right-of-way alignment of Parsons Mine—Lafarge West, Inc., USR-1657 Page 4 140 feet, 70 feet each side of centerline (County Road 64) for the future alignment and connection to Crossroads Boulevard/ "O" Street and dedicate the right-of-way for Crossroads Boulevard/O Street. Further, the Board of County Commissioners has adopted an alignment for County Road 64, "O" Street which traverses through this property. E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposal is located within the Flood Hazard Overlay District area as delineated on FIRM Community Panel Map 080266 1529E and 1529E dated June 10, 2005. A Flood Hazard Development Permit will be required prior to operation, as no structures will be allowed in the floodway, and structures will be allowed in the floodplain only with an approved Flood Hazard Development Permit. Building Permits issued will be required to adhere to the following fees. Effective January 1, 2003, Building Permits issued on the subject site will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Storm water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is primarily classified as "Prime" and "Irrigated Prime" land as delineated on the Important Farmlands of Weld County map, dated 1979. Section 22-5-80A.1.CM.Policy 1.1. states "Access to future mineral resource development areas should be considered in all land use decisions in accordance with state law. No County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor". G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open-mining have been addressed through this application and the Development Standards will ensure compliance with Section 23-4-250 Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. The Department of Planning Services recommends that the following conditions of approval and development standards be attached: Parsons Mine—Lafarge West, Inc., USR-1657 Page 5 1. Prior to recording the plat: A. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5- 100.6.1 of the Weld County Code also states "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. Surface Use Agreements have been executed with Noble Energy Production, Inc. and Tigges Oil, LLC. Finalization of the Petro-Canada Resources, Inc., and Blue Chip Oil, Inc., surface use agreements are pending. (Department of Planning Services) B. County Road 25 is a graded gravel road annexed in 2009 by the City of Greeley. The existing right-of-way is sixty feet, thirty feet each side of centerline. All setbacks shall be measured from the edge of future right-of-way. Access, additional right-of-way, and similar road improvements must adhere to the City of Greeley requirements. County Road 25 is maintained by the City of Greeley. C. County Road 64 ("O" Street) is designated on the Weld County Road Classification Plan as an Arterial road, which requires 140 feet of right-of-way at full build out. There is presently 0 (zero) feet of right-of-way within the USR-1657 boundary, therefore 140 feet of right-of-way to accommodate the conceptual alignment of County Road 64 ("O" Street) right-of-way is delineated on the plat where it traverses the Parson's Mine site. All setbacks shall be measured from the edge of future right-of-way. D County Road 64.5 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and documents creating the right-of-way. If the existing right-of-way cannot be verified, it shall be reserved. All setbacks shall be measured from the edge of future right-of-way. The future right-of-way shall be delineated on the USR Plat. Access, additional right-of-way, and similar road improvements must adhere to the City of Greeley requirements. County Road is maintained by Weld County, the City of Greeley and/or private parties through road maintenance agreements. (Department of Public Works) E The applicant shall adequately address all comments stated in the Department of Public Works referral dated January 11, 2010 and submit the documents to the Department of Public Works. Evidence of Public Works approval must be submitted in writing to the Department of Planning Services. . Items to be addressed include, but are not limited to: 1. An updated Final Drainage Report, and 2. An updated Flood Hazard Development Permit 3. The applicant shall enter into an Improvements Agreement (Long Term Road Maintenance) According to Policy Regarding Collateral for Improvements (Parson Parsons Mine—Lafarge West, Inc., USR-1657 Page 6 Mine, USR-1657). F. The applicant shall provide a written and recorded ditch crossing, and/or relocation agreement with the Whitney Ditch Company. (Department of Planning Services) G. 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). Evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) H. The plat shall be amended to delineate the following: 1. Access to County Road 64.5 shall be paved for a width of not less than thirty (30) feet and constructed with adequate turning radii of not less than 50 feet to accommodate two-way traffic, and matching existing grade in County Road 64.5. The pavement shall extend through the scale house/office area or 300 feet minimum which ever is less and a small paved parking lot shall be constructed accompanying the facility. (City of Greeley, Department of Public Works) 2. The improvements to County Road 64.5 including but not limited to turn lanes and associated right-of-way to be obtained shall be delineated. (City of Greeley) 3. Off-street parking/loading areas, including the access to the scale house from the pit area shall be surfaced with adequate gravel or paved and shall have adequate dust control throughout the approach and loading areas. (Department of Planning Services) 4. The applicant must provide written evidence from the Whitney Ditch Company of an agreed to, appropriately sized and located easement, to accommodate their ditch and ditch operations. This recorded Ditch easement shall be delineated on the plat. (Department of Planning Services) 2. One Month Prior to Construction Activities: A. 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 Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Planning Services) B. A Grading Permit will need to be obtained showing the proposed grading, erosion control plans, and the stormwater discharge permit. (Department of Public Works) C. All work in the County right-of-way will need a County right-of-way permit; and a traffic control plan, if traffic will be impacted. (Department of Public Works) Parsons Mine—Lafarge West, Inc., USR-1657 Page 7 D. All work in the City right-of-way will need a City right-of-way permit; and a traffic control plan, if traffic will be impacted. (City of Greeley) E. Final Construction Drawings for the County Road 64.5 road improvements must be submitted for review and acceptance by Weld County Public Works and the City of Greeley. Written evidence of compliance must be submitted to the Department of Planning Services. (Department of Public Works, City of Greeley) 3. Prior to Construction: A. A building permit shall be obtained prior to the construction or placement of any structure such as a scale, office, and any other structures placed on the parcels. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. Note: no structures or buildings will be allowed in the floodway. (Department of Building Inspection) B. The applicant shall install a stop sign at the exit of the pit approach onto County Road 64.5. (Department of Planning Services) C. The applicant shall submit plans for the office/ scale house to the Windsor-Severance Fire Protection District for review and approval. (Windsor-Severance Fire Protection District) D. The applicant shall provide the Department of Planning Services with an approved Colorado Division of Water Resources Substitute Water Supply Plan or court-approved Augmentation Plan. (Department of Planning Services) E. 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. Evidence of approval shall be submitted to the Department of Planning Services and Department of Public Health and Environment. (Department of Public Health and Environment) F. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). (Department of Public Health and Environment) G. The applicant shall provide the Department of Planning Services with written evidence of approval of the final construction plans from the City of Greeley, and provide a timeline for completion of all road infrastructure improvements associated with this facility. (Department of Planning Services) H. The applicant shall obtain the necessary right-of-way permits from the Department of Public Works prior to the start of construction activities within the Weld County right-of- way. The applicant shall obtain the necessary right-of-way permits from the City of Greeley, Department of Engineering and the Department of Public Works prior to the start of construction activities within the City of Greeley right-of-way. Parsons Mine—Lafarge West, Inc., USR-1657 Page 8 J. The applicant shall enter into an Improvements Agreement for on-site and off-site improvements and post collateral for both the on-site and off-site work according to the Policy Regarding Collateral for Improvements. The agreement and form of collateral shall be submitted and reviewed by the Department of Public Works and Department of Planning Services and accepted by the Board of County Commissioners prior to construction. Or, the applicant may submit evidence that all work has been completed and approved by the Departments of Public Works and Planning Services. (Departments of Public Works and Planning Services) 4. Prior to Commencement of Operations: A. 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, to the Weld County Departments of Public Health and Environment and Planning Services. (Department of Public Health & Environment) B. 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. (Department of Public Health & Environment) C The applicant shall submit As-Built drawings for all public road right-of-way improvements on, CR 64.5 within the County rights-of-way. (Department of Public Works) D. 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. (Department of Public Health & Environment) E. The applicant shall complete all proposed improvements, including those regarding landscaping and screening adjacent to the Plant Site (Phase 1A); County Road 64.5 road improvements; access improvements; and parking lot requirements or enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required materials and work. The agreement and form of collateral shall be reviewed by the Department of Public Works and Department of Planning Services and accepted by the Board of County Commissioners prior to the commencement of operations. (Department of Public Works and Department of Planning Services) 5. Prior to issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed office /scale house and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Planning Services) C. The applicant shall provide evidence of a North Weld County Water District Commercial Tap for the office, scale house and associated on site uses Evidence of approval shall be Parsons Mine—Lafarge West, Inc., USR-1657 Page 9 submitted in writing to the Department of Planning Services. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 7. Upon completion of item number 1. above, the applicant shall submit three paper copies of the Special Use Permit(USR-1657) plat prepared in accordance with the requirements of Section 23- 2-260.D of the Weld County Code along with all other documentation required as Conditions of Approval to the Department of Planning Services for review and approval. (Department of Planning Services) 8 The Mylar plat with the attached Development Standards shall be prepared and delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within one hundred eighty (180) days of approval by the Board of County Commissioners. (Department of Planning Services) 9 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one hundred eighty (180) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) Parsons Mine—Lafarge West, Inc., USR-1657 Page 10 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PARSONS MINE- LAFARGE WEST, INC. USR-1657 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A (Agricultural) Zone District subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). Note: No tanks will be allowed in the floodway and tanks placed in the flood fringe will have to be anchored and permitted under a Weld County Flood Hazard Development Permit (FHDP). (Department of Public Health and Environment, Department of Public Works) 8. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the office and plant site area. (Department of Public Health and Environment) 12. Adequate handwashing and toilet facilities shall be provided for employees, service people, and company vendors. (Department of Public Health and Environment) 13. Any septic system located on the property must comply with all provisions of the Weld County Parsons Mine—Lafarge West, Inc., USR-1657 Page 11 Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 14. 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. Note: Portable toilets will not be allowed in the floodway and will only be permitted in the flood fringe if they are anchored and permitted under a Weld County Flood Hazard Development Permit (FHDP). (Department of Public Health and Environment, Department of Public Works) 15. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 16. Bottled water shall be provided to employees at the temporary locations of the working face at all times. (Department of Public Health and Environment) 17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. Note: No stockpiles will be allowed in the floodway and will only be allowed in the flood fringe if they are permitted under a Weld County Flood Hazard Development Permit (FHDP), and are oriented parallel to the direction of flow in the floodplain. (Department of Public Health and Environment, Department of Public Works) 18. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 19. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the Colorado Division of Mining Reclamation and Safety. (Department of Public Health and Environment) 21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 23. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) 24. The number of employees on-site at one time shall not exceed ten (10). (Department of Planning Services) Parsons Mine—Lafarge West, Inc., USR-1657 Page 12 25. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) 27. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180. (Department of Planning Services) 28. The applicant shall submit plans for the office -scale house to Windsor/Severance Fire Protection District for review and approval. (Windsor/Severance Fire Protection District) 29. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 30. The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 31. Access to County Road 64.5 shall be paved with a 50 foot turning radiuses a minimum of 24 feet in width to accommodate two-way traffic, match existing grade. The pavement shall extend through the scale house/office area or 300 feet minimum which ever is less and a small paved parking lot accompanying the facility. (City of Greeley, Department of Public Works) 32. Off-street parking/loading areas, including the access to the scale house from the pit area shall be surfaced with adequate gravel or the equivalent and shall have adequate dust control throughout the approach and loading areas. (Department of Public Works) 33. The landscaping and screening on site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 34. Building permits will be required for all new structures prior to construction. A demolition permit will be required for each of the buildings that are to be demolished. Each demolition permit application will need to include an asbestos certification letter as required by the State of Colorado. (Department of Building Inspection) 35. A plan review is required for each building. Plans will require the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) 36. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. (Department of Building Inspection) 37. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas as well as occupancy classification will be reviewed at the plan review stage. (Department of Building Inspection) 38. A letter of approval from Windsor Severance Fire Protection District is required prior to the issuing of building permits. (Department of Building Inspection) 39. Weld County shall not be responsible for the maintenance of on-site drainage related features. (Department of Public Works) Parsons Mine—Lafarge West, Inc., USR-1657 Page 13 40. A Flood Hazard Development Permit shall be submitted and conditionally approved for buildings constructed or moved, and stockpiles in the 100-year flood plain. (Departments of Building Inspection and Planning Services) 41. If exterior lighting is a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 42. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 43. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 44. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 45. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 46. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 47. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 48. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 49. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning Services) 50. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Parsons Mine—Lafarge West, Inc., USR-1657 Page 14 DEPARTMENT OF PLANNING SERVICES (#0"..ea NORTH OFFICE 918 10TH Street GREELEY,0 80631 3-610 PHONE: (970) 0,COO 3540 FAX: (970) 304-6498 COLORADO August 3, 2009 LaFarge West, Inc. c/o Eric Reckentine 1800 N Taft Hill Rd Ft. Collins, CO 80521 Subject: USR-1657- A Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facility, including Open Pit Gravel Mining and Materials Processing, in the A (Agricultural) Zone District on a parcel of land described as E2 SE4 Section 25; NE4 Section 36,T6N, R67W; and W2 SW4 Section 30; NW4 Section 31,T6N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 1, 2009 at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department, 918 10'"Street, Greeley, Colorado. A subsequent hearing will be held on September 30, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with written certification indicating the above requirements have been met. A representative from the Department of Planning Services will be out to the property a minimum often days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. ,Resge tfully, I le Planne DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6103-610 0, Ext. 3540 FAX: (970) 304-6498 C. COLORADO September 23, 2008 LaFarge West, Inc. Go Eric Reckentine 1800 N Taft Hill Rd Ft.Collins, CO 80521 Subject: USR-1657- A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and Materials Processing in the A (Agricultural)Zone District on a parcel of land described as E2 SE4 Section 25; NE4 Section 36,T6N, R67W; and W2 SW4 Section 30; NW4 Section 31,T6N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 2, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, North Weld Planning Department,91810'"Street, Greeley, Colorado. A subsequent hearing will be held on December 17, 2008 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center,915 10'Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with written certification indicating the above requirements have been met. A representative from the Department of Planning Services will be out to the property a minimum often days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, Kim Ogle Planner i .<<f r .7: �1 s a� • a Ct MO CS 5 14 et U a) - ` W , w r _ cIDO a) 2 � o W , 1 .♦ Ij ', U ( r1 0 # 112 J `J N V, U Q • - C li v Q in f r C C a) Z 1 4.- is- . .,„ . . coma:: 4.,.. ir... I A ; r -� U,J GO -8 r 1-: _ _. I _- ... . Q C O Lie co cs 7: CO ' �. �� ac 01 - . ii: w O 1F =1 it a Cr Q (L cv O I be *rat • • ` et, Its 1 ..1. , _. V . +' j r _ _ r. -'4446s r to _ ' ' __.aft_. S • - . 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' ;' 711 t/) ii. f O . Q 1 -9 ' o • • _ -4 ii I t s'•' ••• _ ' - - r/1'� — 71111- -- - , _ - . 4 . E • V / V co FIELD CHECK inspection Date: August 19, 2009 Case Number: USR-1657 Hearing Date: September 1, 2009 Applicant: Lafarge West, Inc.,c/o Anne Johnson and Jennifer Vecchi 10170 Church Ranch Way, Suite 200, Westminister, CO 80021 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A (Agricultural) Zone District. Legal Description: E2 SE4 Section 25: NE4 Section 36, T6N, R67W: and W2 SW4 Section 30; NW4 Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 64.5 and East and West of, and adjacent to County Road 25 Size of Parcel: +/- 381 Acres; Area to be mined: 202.4 Parcel Number: 0807-25-0-00-048; 0807-36-000037: 0805-30-0-00-069: 0805-30-0- 00- 082; and 0805-31-0-00-004 Zoning Land Use N Agricultural N Rangeland with Oil and Gas Encumbrances E Agricultural E Rangeland with Oil and Gas Encumbrances S Agricultural S Rangeland with Oil and Gas Encumbrances USA Lands W Agricultural W Rangeland with Oil and Gas Encumbrances Comments: The site is surrounded by agricultural and rural residential uses. A reclaimed gravel mine is located to the southeast of the Parson mine and an active gravel operation is located to the east. Lands to be mined are in pasture or corn. Oil and Gas encumbrances dot the property, Low land subject to flooding is located to the South. Two residences are in the immediate vicinity. CR 64.5 is a two lane paved road with anticipated with improvements in the year to come. CR 25 is a local gravel road with an offset alignment to the South Signatu /House(s) o Derelict Vehicles i'Outbuilding(s) o Non-commercial junkyard(list components) ,/Access to Property o Irrigation Sprinkler jeCrop Productions n Crops ❑ Site Distance 'Wetlands o Mobile Home(s) . Oil&Gas Structures o Other Animals On-Site _ix Wildlife d Water Bodies ❑ Utilities On-Site(transmission lines) Ditch 'Topography Note any commercial business/commercial vehicles that are operating from the site. DEPARTMENT OF PLANNING SERVICES 6 NORTH OFFICE ft© 918 10TH S GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 "DC. FAX: (970) 304-6498 COLORADO May 21, 2008 LaFarge West, Inc. c/o Eric Reckentine 1800 N Taft Hill Rd Ft. Collins, CO 80521 Subject: USR-1657- Request for a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing in the A (Agricultural) Zone District on a parcel of land described as E2 SE4 Section 25; NE4 Section 36,T6N, R67W; and W2 SW4 Section 30; NW4 Section 31,T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Greeley,Severance, and Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9770,Severance at970- 686-1218,and Windsor at 970-686-7476 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley,Severance, and Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Kim O Planner • VECCHI &ASSOCIATES, LLC URBAN PLANKING & DESIGN P O.Box 1175 Longmont,co 80502-I 175 Phone 303-774-0173 Fax 303-774-0173 VecchiAssocates©comcast.net May 6, 2008 Mr. Kim Ogle Planning Manager Department of Planning Services Greeley Planning Office 918 Tenth Street Greeley, CO 80631 RE: Response to Pre-Submittal Comments for Parsons Mine Use by Special Review Application Dear Kim: This is in response to the Departments of Public Health and Environment, Public Works and Planning's pre-submittal comments pertaining to the Parsons Mine USR application. Following are all of the comments received followed by our responses in italics: Environmental Health 1. Item 8.G indicates that there are no sanitary sewer facilities planned for the operation, whereas in the next sentence, it is indicated that the applicant will install an ISDS at the office, please clarify. The text has been revised to clarify that there are no existing sanitary sewer facilities and that an ISDS system is proposed. 2. What is the water source for the ISDS at the office? It is important to note that should an ISDS system be employed, a North Weld County Water District letter of ability to serve will be required. A letter of ability to serve from the North Weld County Water District is now included in the application. 3. Sheet 11, the plant site detail is not included in the plan set reviewed. The plant site detail can be found on sheet 6. There is no sheet I I in the plan set; the reference to a sheet II was deleted from the Table of Contents. Public Works 1. The three entities (Windsor, Greeley, and Weld County) arc negotiating an intergovernmental agreement IGA) to study the extension of"O" Street requesting 140-foot future right-of-way at full build out through your proposed facility. The extension from the key intersection of �VI Page2of5 Mr. Kim Ogle May 6, 2008 83rd Avenue and "O" Street west or adjacent to the section line between Sections 30 and 31, Township 6 North, Range 66 West and Sections 25 and 36, Township 6 North, Range 67 West. The final alignment will be determined through this study. The Weld County Public Works Department is requesting that the future right-of-way be shown on the plat drawing to accommodate the expansion of"0" Street through your facility. The conceptual alignment of the "O" Street right-of-way has been added to the plans and our mining and reclamation plans have been adjusted accordingly. WCR 25 Realignment: It was brought our attention that the realignment of the curve of WCR 25 was discussed during the planning pre-application meeting. The Public Works Department would like to pursue that realignment with the applicant as you are mining on both sides of the roadway at this location. The conceptual re-alignment of the WCR 25 ROW is shown directly north of the curve in an area that will not be impacted by mining on this site. 2. Site Plan: The two county roads that front and intersect the proposal need to be shown on the plat as the existing right-of-way of 60 feet. The future right-of-way for WCR 64.5 is a collector status requiring an 80-foot right-of-way at full build out. WCR 25 is a local gravel road requiring a 60-foot right-of-way. Existing and proposed rights-of-way for WCR 64.5 and WCR 25 are shown on the plans as requested However, according to our research, there is less than 60'of existing right-of- way for a portion of WCR 25. Therefore, a portion of the 60'right-of-way for WCR 25 is labeled as proposed. The proposed WCR 25 conveyor crossing shall span the existing right-of-way with no structures within the right-of-way. Per AASHTO Standards, the height of the conveyor structure meets the requirement for highways and freeways. As shown in the conveyor bridge detail on sheet 6, the proposed conveyor crossings of WCR 25 will span the existing right-of-way with no structures within the right-of-way. The proposed height of the conveyor structure over the road is 17'. 3. Traffic Study: The applicant has submitted a traffic study for review, and it will be forwarded to Don Dunker for comments. The following are items that should be addressed in the traffic study: II, Agents discussion: The staff at Public Works cannot lower the speed limit on WCR 64.5. Only the Board of Weld County Commissioners can make that decision. References to lowering the speed limit have been modified to reflect the professional opinion of our traffic engineer. VI, Design Issues: Work with Don Dunker on posted speed limits, transitions, tapers, and lane width. We will work with Don Dunker on transportation design issues. Page 3 of 5 Mr. Kim Ogle 0 May 6, 2008 VII, Conclusions: Your traffic study should be based on existing speed limits and the applicant should not assume that the County will reduce the speed limit on WCR 64.5 to 40 mph. All traffic study items need to be routed through Don Dunker for review and comments. The traffic study is based on existing speed limits and a proposed speed limit of 40 mph for the curve that is proposed to be reconstructed along WCR 64% west of the plant site. We understand that we will need to work with Don Dunker for all issues related to the traffic study. 4. Geo-Tech/Soils Report: The applicant has provided a soils report in the application for review and comment. Noted 5. Storm Water Drainage: The applicant needs to submit a drainage report that will provide an analysis of the off-site drainage through the proposed site and it should indicate how it will be managed safely through the site. A drainage report is included in the application. Also include on-site flow and how it will be conveyed and managed safely through the site and safely discharged. This information is included in the drainage report. Flood Hazard Development Permits (FHDP): Update the current permit or apply for a new permit. The southern portion of the USR is within the flood zone district. Lafarge is applying for a new FHDP. Planning 1. Staff found no evidence from the State Land Board granting Vecchi & Associates to represent them for the purposes of this application. Please provide written documentation of such. We have provided a copy of the lease that Lafarge has with the State Land Board. 2. Staff will require a written sign-off from the Whitney Ditch indicating the proposed facility will not impact their existing improvements, that there are stipulated and agreed on setbacks from the ditch, and evidence of an agreement stipulating that waters maybe discharged into the ditch. [Reference Section 23-4-250.G.12]. We have had an initial meeting with a representative from the Whitney Ditch Company and will pursue finalizing an agreement with them. 3. Staff requests further elaboration on the landscape treatment and the timing of installing this component. There is discussion on the landscaping associated with the reclamation phase of Page 4 of 5 ■'' Mr. Kim Ogle [[[ May 6, 2008 the project, however, not for the initial set-up prior to mining. Additional information has been added to the application to address the landscaping associated with the initial set-up prior to mining (see response to criterion I h in the Questionnaire). 4. As indicated in the response from Environmental Health, there was a question on the water source for the ISDS at the office. Given the length of the mine, a public water supply will be a required. Accordingly, a will-serve letter and agreement with North Weld County Water District will be required with the application submittal per Section 23-4-250.G.13.a.3. A will serve letter from the North Weld County Water District is included in the application. 5. The January 10, 2008 Traffic Study prepared by Gene Coppola indicated on page 9 of his report that there are no major roadway improvements planned in this area. Future "O" Street Alignment Corridor Study. Weld County, Windsor, and Greeley have been working on the preferred alignment for "O" Street(CR 64) to provide a direct connection between Greeley, through the Great Western Development, to Crossroads Boulevard and eventually tying into the Interstate 25 corridor. Windsor Engineering Director Dennis Wagner indicated that the Town's maps delineate this alignment to County Road 23 and that the Town has already approved a conceptual alignment through the Broe properties (as well as Kodak and Lind). Tim Kent, Great Western Development Company Real Estate Director(Broe Company) prefers the alignment be along the section line and reiterated that the Town has already approved a conceptual alignment for the Broe Company. Bret Hall with Hall-Irwin [H-I] indicated that H-I has several existing Use by Special Reviews in place with Weld County. Hall indicated that H-I is willing to incorporate the proposed alignment into their mining plan if direction is provided on the alignment. David Bauer, Weld County Chief Senior Engineer indicated that for planning purposes, the ultimate cross section would be a 140 feet for a rural arterial roadway. In early February 2008, the Weld County— Greeley— Windsor Rail Corridor Transportation and Land Use Study undertook the Northwest Greeley Economic Development Corridor Opportunity Review. This study is reviewing area assets, emerging opportunities for development, rail access and service, industrial parks, public water and sanitary service levels, et cetera, for the general area between east Windsor and Northwest Greeley. This corridor study is in early stages of development however, as previously stated, this is a component of the proposed County Road 64—"O' Street extension. Page 5 of 5 0 Mr. Kim Ogle May 6, 2008 It is important to recognize both of these emerging studies and the potential impacts of particularly the "O" Street alignment study. Staff references the enclosed line drawing delineating the alignment, as proposed, the alignment bisects the LaFarge—Parsons Mine property east to west. This issue is presented here as a point of discussion, given the immediacy of the timeline for road alignment. It is strongly suggested that Vecchi & Associates and their consultant group meet with representatives of the Weld County Public Works department, and Weld County Planning to discuss this potential fast track engineering development. Right-of-way for the conceptual alignment of"0" Street has been added to the plans and the mining and reclamation plans have been modified accordingly. 6. Continue to work on attaining agreements from four mineral leasehold owners affected by this proposed facility [Reference Section 23-4-250.O.11] and also the Whitney Ditch Company [Reference Section 23-4-250.G.12]. Staff will require at a minimum a Memorandum of Understanding from each of these entities prior to scheduling the public hearings associated with this application. We are negotiating agreements with the mineral leasehold owners and the Whitney Ditch and understand that at a minimum a Memorandum of Understanding for each entity will be required prior to scheduling the public hearings. 7. It is the understanding of this office that Eric Rickentine is working the west slope for LaFarge, as such does Eric remain the contact for this application? Should LaFarge appoint someone else, please provide documentation to this affect. Eric Reckentine is the contact for this application as indicated on the application form and on the attached authorization letter signed by Todd Ohlheiser. Thank you for your consideration. Please contact me if you have any questions. Sincerely, VECC I & ASSOCIATES, ,4•e ' ifer E. ecchi, AICP ncipal cc: Eric Reckentine, Lafarge West, Inc. R.4137 '0)Do,u.nents.lSR`RottowComments and Responses P) .ubmntd comments iesponscs doc C-r1 /es/7 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO February 19, 2008 Jennifer Vecchi Vecchi &Associates, LLC P.O. Box 1175 Longmont, CO 80502 Subject: Pre-Submittal Use by Special Review application Dear Jennifer: The Departments of Public Health and Environment, Public Works and Planning are in receipt of the pre-application USR application packets dated February 7, 2008. Departmental staff has completed their review and offer the following comments: Environmental Health 1]. Item S.G indicates that there are no sanitary sewer facilities planned for the operation, whereas in the next sentence, it is indicated that the applicant will install an ISDS at the office, please clarify. 2]. What is the water source for the ISDS at the office? It is important to note that should an ISDS system be employed, a North Weld County Water Distict letter of ability to serve will be required. 3]. Sheet 11, the plat site detail is not included in the plan set reviewed. Public Works 1]. The three entities (Windsor, Greeley, and Weld County) are negotiating an intergovernmental agreement (IGA) to study the extension of"O" Street requesting 140-foot future right-of-way at full build out through your proposed facility. The extension from the key intersection of 83rd Avenue and "O"Street west or adjacent to the section line between Sections 30 and 31,Township 6 North, Range 66 West and Sections 25 and 36, Township 6 North, Range 67 West. The final alignment will be determined through this study. The Weld County Public Works Department is requesting that the future right-of-way be shown on the plat drawing to accommodate the expansion of"0"Street through your facility. WCR 25 Realignment: It was brought our attention that the realignment of the curve of WCR 25 was discussed during the planning pre-application meeting. The Public Works Department would like to pursue that realignment with the applicant as you are mining on both sides of the roadway at this location. 2]. Site Plan: The two county roads that front and intersect the proposal need to be shown on the plat as the existing right-of-way of 60 feet. The future right-of-way for WCR 64.5 is a collector status requiring an 80-foot right-of-way at full build out. WCR 25 is a local gravel road requiring a 60-foot right-of-way. The proposed WCR 25 conveyor crossing shall span the existing right-of-way with no structures within the right-of-way. Per AASHTO Standards, the height of the conveyor structure meets the requirement for highways and freeways. 3]. Traffic Study: The applicant has submitted a traffic study for review, and it will be forwarded to Don Dunker for comments. The following are items that should be addressed in the traffic study: II,Agents discussion: The staff at Public Works cannot lower the speed limit on WCR 64.5. Only the Board of Weld County Commissioners can make tha decision. VI, Design Issues: Work with Don Dunker on posted speed limits,transitions,tapers,and lane width. VII, Conclusions: Your traffic study should be based on existing speed limits and the applicant should not assume that the County will reduce the speed limit on WCR 64.5 to 40 mph. All traffic study items need to be routed through Don Dunker for review and comments. 4]. Geo-Tech/Soils Report: The applicant has provided a soils report in the application for review and comment. 5]. Storm Water Drainage: The applicant needs to submit a drainage report that will provide an analysis of the off-site drainage through the proposed site and it should indicate how it will be managed safely through the site. Also include on-site flow and how it will be conveyed and managed safely through the site and safely discharged. Flood Hazard Development Permits (FHDP): Update the current permit or apply for a new permit. The southern portion of the USR is within the flood zone district. Planning 1]. Staff found no evidence from the State Land Board granting Vecchi & Associates to represent them for the purposes of this application. Please provide written documentation of such. 2]. Staff will require a written sign-off from the Whitney Ditch indicating the proposed facility will not impact their existing improvements, that there are stipulated and agreed on setbacks from the ditch, and evidence of an agreement stipulating that waters may be discharged into the ditch. [Reference Section 23-4-250.G.12]. 3]. Staff requests further elaboration on the landscape treatment and the timing of installing this component. There is discussion on the landscaping associated with the reclamation phase of the project, however, not for the initial set-up prior to mining. 4]. As indicated in the response from Environmental Health, there was a question on the water source for the ISDS at the office. Given the length of the mine, a public water supply will be a required. Accordingly, a will-serve letter and agreement with North Weld County Water District will be required with the application submittal per Section 23-4- 250.G.13.a.3. 5]. The January 10, 2008 Traffic Study prepared by Gene Coppola indicated on page 9 of his report that there are no major roadway improvements planned in this area. Future "O" Street Alignment Corridor Study. Weld County, Windsor, and Greeley have been working on the preferred alignment for "O" Street (CR 64) to provide a direct connection between Greeley,through the Great Western Development, to Crossroads Boulevard and eventually tying into the Interstate 25 corridor. Windsor Engineering Director Dennis Wagner indicated that the Town's maps delineate this alignment to County Road 23 and that the Town has already approved a conceptual alignment through the Broe properties (as well as Kodak and Lind). Tim Kent, Great Western Development Company Real Estate Director (Broe Company) prefers the alignment be along the section line and reiterated that the Town has already approved a conceptual alignment for the Broe Company. Bret Hall with Hall-Irwin [H-I] indicated that FI-I has several existing Use by Special Reviews in place with Weld County. Hall indicated that I+I is willing to incorporate the proposed alignment into their mining plan if direction is provided on the alignment. David Bauer, Weld County Chief Senior Engineer indicated that for planning purposes, the ultimate cross section would be a 140 feet for a rural arterial roadway. In early February 2008, the Weld County— Greeley—Windsor Rail Corridor Transportation and Land Use Study undertook the Northwest Greeley Economic Development Corridor Opportunity Review. This study is reviewing area assets, emerging opportunities for development, rail access and service, industrial parks, public water and sanitary service levels, et cetera, for the general area between east Windsor and Northwest Greeley. This corridor study is in early stages of development however, as previously stated, this is a component of the proposed County Road 64—"O" Street extension. It is important to recognize both of these emerging studies and the potential impacts of particularly the "O" Street alignment study. Staff references the enclosed line drawing delineating the alignment, as proposed, the alignment bisects the LaFarge— Parsons Mine property east to west. This issue is presented here as a point of discussion, given the immediacy of the timeline for road alignment. It is strongly suggested thaWecchi & Associates and their consultant group meet with representatives of the Weld County Public Works department, and Weld County Planning to discuss this potential fast track engineering development. 6]. Continue to work on attaining agreements fromfour mineral leasehold owners affected by this proposed facility[Reference Section 23-4-250.G.11] and also the Whitney Ditch Company [Reference Section 23-4-250.G.12]. Staff will require at a minimum a Memorandum of Understanding from each of these entices prior to scheduling the public hearings associated with this application. 7]. It is the understanding of this office that Eric Rickentine is working the west slope for LaFarge, as such does Eric remain the contact for this application? Should LaFarge appoint someone else, please provide documentation to this affect. Staff will accept the Use by Special Review application for the LaFarge West— Parsons Mine, when the above referenced concerns are answered, documentation provided or otherwise addressed. Please note, staff comments made during the pre-application phase of the Use by Special Review application procedure may not be all inclusive, as other concerns or issues may arise during the remaining application process. Please contact this office should you have additional questions or concerns. Thank you Sincerely, Kim Ogle Planning Manager Enclosure: Transportation Diagram'0"Street ec: L. Light, Environmental Health D. Dunker, Public Works D. Carroll,Public Works \\\ h 1 ;1 is < .,-.10 L ...,__ �� I r1J • Ct - , , . , r a ,-t __ i _____________ 1 / LEH° I Frit-77 , .._ , . . 1 I I 1 i ., Iz � 1 �-� ' 1 Iw , ; I 1 I / 7- , _. _,.. ,,, 11 c) . , in vizi co \ _\ \ r r I Z Q St 80 0 u) I I � O ff 1 Z d \. ,/ - ‘ &.1 / ‘ ctiX ottLta '--.44, -C- '1 (—(0) ' -NI I ik Cv,c) ( -T ,lCCc1O I liir, 1 rWeld County Planning Department a GREELEY OFFICE FEB 19 9008 MEMORANDUM RECEIVED WI D C TO: Kim Ogle, Planning Services DATE: February 19, 2008 • COLORADO FROM: Donald Carroll, Engineering Administrator SUBJECT: LaFarge Pit Pre-application Review Parsons Mining I have reviewed the pre-application package provided by Tetra Tech for the LaFarge operation (Parsons Pit). The Weld County Public Works Department did not get a chance to do a pre-application meeting. We will be evaluating the pre- application on the items that are included in the packet. Further evaluation and requirements will follow in the final application. The three entities (Windsor, Greeley, and Weld County) are negotiating an intergovernmental agreement (IGA) to study the extension of "O" Street requesting 140-foot future right-of-way at full build out through your proposed facility. The extension from the key intersection of 83rd Avenue and "O" Street west or adjacent to the section line between Sections 30 and 31, Township 6 North, Range 66 West and Sections 25 and 36, Township 6 North, Range 67 West. The final alignment will be determined through this study. The Weld County Public Works Department is requesting that the future right-of-way be shown on the plat drawing to accommodate the expansion of"0"Street through your facility. Site Plan: The two county roads that front and intersect the proposal need to be shown on the plat as the existing right- -way of 60 fee. The future right-of-way for WCR 64.5 is a collector status requiring an 80-foot right-of-way at full build out. WCR 25 is a local gravel road requiring a 60-foot right-of-way. The proposed WCR 25 conveyor crossing shall span the existing right-of-way with no structures within the right-of-way. Per AASHTO Standards, the height of the conveyor structure meets the requirement for highways and freeways. Traffic Study: The applicant has submitted a traffic study for review, and it will be forwarded to Don Dunker for comments. The following are items that should be addressed in the traffic study: II, Agents discussion: The staff at Public Works cannot lower the speed limit on WCR 64.5. Only the Board of Weld County Commissioners can make tha decision. VI, Design Issues: Work with Don Dunker on posted speed limits, transitions, tapers, and lane width. VII, Conclusions: Your traffic study should be based on existing speed limits and the applicant should not assume that the County will reduce the speed limit on WCR 64.5 to 40 mph. All traffic study items need to be routed through Don Dunker for review and comments. Geo-Tech/Soils Report: The applicant has provided a soils report in the application for review and comment. Storm Water Drainage: The applicant needs to submit a drainage report that will provide an analysis of the off-site drainage through the proposed site and it should indicate how it will be managed safely through the site. Also include on- site flow and how it will be conveyed and managed safely through the site and safely discharged. Flood Hazard Development Permits (FHDP) Update the current permit or apply for a new permit. The southern portion of the USR is within the flood zone district. LaFarge (Parsons Mining)file M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\LaFargePitPreAppplicationReview.doc Hello