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Home My WebLink About20102794.tiff Kim Ogle From: Kristine Ranslem girt: Tuesday, April 27, 2010 7:49 AM Kim Ogle Subject: FW: 2nd AmUSR-840 Referral See comments below. kvisti.vve Rblwslewt Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 From: McKee, Terry A NWO [mailto:Terry.A.McKee@usace.army.mil] Sent: Monday, April 26, 2010 10:34 AM To: Kristine Ranslem Subject: 2nd AmUSR-840 Referral Kristine; If any work associated with a project requires the placement of dredged or fill material, and any excavation •ociated with a dredged or fill project, either temporary or permanent, in an aquatic site, which may include ephemeral and perennial streams, wetlands, lakes, ponds, drainage ditches and irrigation ditches, this office should be notified by a proponent of the project for Department of the Army permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act. Work in an aquatic site should be identified by the proponent of the project and be shown on a map identifying the Quarter Section, Township, Range and County or Latitude and Longitude, Decimal Degrees (datum NAD 83) and the dimensions of work in each aquatic site. Any loss of an aquatic site may require mitigation. Mitigation requirements will be determined during the Department of the Army permitting review. If there are any questions call Mr. Terry McKee of my office at 303-979-4 EXHIBIT • 1 L I 2010-2794 Weld County Planning Department GREELEY OFFICE Print Form APR VED • Weld ou t Referral April 19, 2010 C. COLORADO The Weld County Department of Planning Services has received the following item for review: IApplicant LG Everist Case Number 2nd AmUSR-840 'Please Reply By May 19, 2010 Planner Kim Ogle Project A Site Specific Development Plan and Second Amended Use by Special Review Permit(2nd AmUSR-840)for a proposed rail transload yard for off-loading, storage, and load-out of industrial materials and the extension of the existing on-site rail spur to create a "rail loop"of onsite track and ongoing gravel mining, (sand, gravel and stone) in the A (Agricultural) Zone District. Legal Section 1, T10N, R67W; and All of Section 35, T11 N, R67W; W2 of Section 26, T11 N, R67W; E2 E2 of Section 27, T11 N, R67W of the 6th P.M., Weld County, Colorado. • Location South of and adjacent to CR 126; East of and adjacent to CR 21; east of and adjacent to the Union Pacific Railroad track. Parcel Number i 0201 27 010003; 0201 27 026001; 0201 27 026002; 0201 27 046001; 0201 27 047001; 0201 26 000001; 0201 35 000007 and 0303 01 000006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: The proposed use of water at the site is limited to dust control purposes. Water for this use will be diverted from Lone Tree Creek through the Everist Well,permit no.52769-F. So long as this well is operated in accordance with its permitted conditions and the augmentation plan approved in Division 1 Water Court case nos.88CW170&95CW237,this office has no objection to this project. • Signature �.Ll / Date 4/27/2010 Agency Divis nrr 0of Water Resources +Weld County Planning Dept. 01555 N 17th Ave,Greeley,CO.80631 O(970)353-6100 ext.3540 O(970)304-6498 fax DEPARTMENT OF PLANNING SERVICES reit h 918 10th GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 • COLORADO May 10, 2010 Applicant: LG Everist Project: A Site Specific Development Plan and Second Amended Use by Special Review Permit (2fla AmUSR-840) for a proposed rail transload yard for off-loading, storage, and load-out of industrial materials and the extension of the existing on-site rail spur to create a "rail loop" of onsite track and ongoing gravel mining, (sand, gravel and stone) in the A (Agricultural) Zone District. Case Number: 2nd AmUSR-840 Location: South of and adjacent to CR126; East of and adjacent toCR21; east of and adjacent to the Union Railroad track. Parcel Number: 0201 27 010003; 0201 27 026001; 0201 27 026002; 0201 27 046001; 0201 27 - 047001; 0201 26 000001; 0201 35 000007; and 0303 01 000006 • 1. The supplied questionnaire indicates no building is proposed on this lot. Therefore no building permits are required. Sincerely, Ken Swanson Building Official Weld County Building Department • Weld County Planning Department GREELEY OFFICE MAY 24 ' 11W S MEMORANDUM RECEWED TO: Kim Ogle, Planning Services DATE: May 17, 2010 WI`PCo FROM: Heidi Hansen, P.E., Public Works Department Janet Carter, E.I., Traffic Engineer COLORADO SUBJECT: 2nd AmUSR-840, LG Everist 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. COMMENTS: WCR 126 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60- foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. WCR 120 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in • the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Site Plan: 1. Parking areas and the access drive shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. 2. Please provide temporary or permanent easements to accommodate access across parcels and for drainage across the multiple parcels. 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Traffic Study: Weld County Public Works has received a Traffic Study for 2nd AmUSR-840 Carr Transload prepared and stamped by Zeke Lynch. Traffic study appears to be acceptable. The traffic study suggests that the warrants for turn lanes are not warranted because the warrants would only be met for a temporary period of time. For this reason Public Works recommends that only two types of operations or uses can occur at the same time, so that the triggers for turn lanes do not occur. If more than two operations of uses occur turn lanes are warranted and will be required by Public Works. After reviewing the submitted traffic study, I have prepared the following comments: 4. The applicant has indicated that this site will produce approximately 90 round trips per day. 5. No parking or staging of commercial vehicles on the county road is allowed. Use on-site parking • area. 6. A stop sign will be required to be installed at the access before traffic will enter onto WCR 126. M:PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Rcview\2nd AmUSR-840 Carr Transload\2nd AmUSR-840.docx • Storm Water Drainage: A "Drainage Report Information" memo was submitted with the application. The memo states that the area to be used for the transload facility was included in the overall drainage report done for the site. No permanent structures or paving will take place so the runoff from the areas is accounted for in the original report. 7. Please ensure the runoff from the transload areas will reach the original detention pond. If swales are used to convey the flows they should be placed in drainage easements across the transload parcels. 8. Please place on the plat the following statement: "Weld County is not responsible for the maintenance of drainage related features." 9. 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. Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: 2ndAmUSR-840 • • M:\PLANN ING—DEVELOPMENT REVIEW\USR-Use by Special Review\2nd AmUSR-840 Carr Transload\2nd AmUSR-840.docx is t• ko, MEMORANDUM 11 ' TO: Kim Ogle, Planning Services O FROM: Lauren Light, Environmental Health '`a . SUBJECT: 2NDAMUSR-840 LG EVERIST COLORADO DATE: 5/20/2010 Environmental Health Services has reviewed this proposal for ongoing gravel mining and the addition of temporary storage yards for transloaded materials. The application states that portable toilets and bottled water will be utilized for leasehold areas. There is an existing scale house with a septic system that is sized for 2 people (permit G19910283). Portable toilets and bottled water can be utilized at the working face of the mine. As the original USR was for a gravel mining operation, the use of temporary sanitary facilities was consistent with sanitary facilities approved for other mining operations. • The application states that the leases will not exceed 6 months in duration. In a letter dated May 14, 2010, the applicant stated they do not know the number of months that each lease will occur or whether the leases will overlap. Since the leases may overlap it appears there could be personnel on site over 6 months in length. Septic Policy 2.2.K states: K. Use of Portable Toilets Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system. Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands, Christmas tree stands, seasonal recreational facilities, etc. Based on the policy above, a sewage disposal system is required. A vault would be allowed as a sewage disposal system. A permanent water source is also required. Noise will be restricted to the level allowed in the industrial zone district. 0 A dust abatement plan is required for the lease hold areas. The application indicates • that water can be supplied from the Everist Well for dust control. The plan should also indicate how the water will be provided to the lease holders, for example; a water truck will be located on site at all times. A waste handling plan is required which shall include the name, address and phone number of the disposal company. The plan shall also indicate if dumpsters will be provided on each lease holder site. In addition, all products must be stored in compliance with manufactures recommendations. 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, on site dust, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. • 3. In the event washing of vehicle 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. 4. 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. 5. In the event the applicant intends to utilize the existing septic system at the scale house, for increased employee or lease holder use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. • 2 6. Submit documentation from the Colorado Division of Water Resources, • demonstrating that the well is appropriately permitted for the industrial use. Including use as a potable water source. 7. 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 prior to operation of the transload areas: 1. An individual sewage disposal system is required and shall be installed according to the Weld County Individual Sewage Disposal Regulations. We recommend that the following requirements be incorporated into the permit as • development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). • 3 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 leasehold locations, at all times. 14.The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 15.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). 16.The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 17.The operation shall comply with the Mine Safety and Health Act. (MSHA) 18. The operation shall comply with the Occupational Safety and Health Act. (OSHA) • 19.The operation shall comply with all applicable rules and regulations of the State • and Federal agencies and the Weld County Code. 20.This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. • • 5 Kim Ogle From: Lauren Light nt: Thursday, July 29, 2010 9:48 AM Kristine Ranslem c: Kim Ogle Subject: RE: 2nd AmUSR-840 Amended Request I need more information on this. How often will the repairs be done, what will they use for water, are they welding ect..would Kim have the info? Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health& Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Kristine Ranslem Sent: Thursday, July 22, 2010 3:44 PM To: Lauren Light; Ken Poncelow; Donald Carroll; Heidi Hansen; Kenneth Swanson; Dave Bressler; joanna.williams@state.co.us; jeff.deatherage@state.co.us; douglas.camrud@cdphe.state.co.us; jim.dupler@state.co.us; nunnfire@ezlink.com; RDPETERS@up.com Subject: 2nd AmUSR-840 Amended Request Please see the attached memo in regard to an amended request from the applicant, L.G. Everist, iiii c., under 2nd AmUSR-840. You may submit your comments at the following link: p://www.co.weld.co.us/Departments/PlannincZoninq/PlanninqDepartment/index.html#2AmUSR- 40 If you have any questions, please let us know. Thank you! Krkti,we RP wsle✓. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • 1 Print Form Weld County Referral April 19, 2010 IWeld County Planning Department C. GAPRLEY 2_ 7OFFICE nun COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant LG Everist Case Number 2nd AmUSR-840 Please Reply By 'May 19, 2010 Planner Kim Ogle Project A Site Specific Development Plan and Second Amended Use by Special Review Permit(2n' AmUSR-840)for a proposed rail transload yard for off-loading, storage, and load-out of industrial materials and the extension of the existing on-site rail spur to create a"rail loop"of onsite track and ongoing gravel mining, (sand, gravel and stone) in the A(Agricultural)Zone District. Legal Section 1, T10N, R67W; and All of Section 35, T11N, R67W; W2 of Section 26, T11 N, R67W; E2 E2 of Section 27, T11 N, R67W of the 6th P.M.,Weld County, • Colorado. Location South of and adjacent to CR 126; East of and adjacent to CR 21; east of and adjacent to the Union Pacific Railroad track. Parcel Number 0201 27 010003; 0201 27 026001; 0201 27 026002; 0201 27 046001; 0201 27 i 047001; 0201 26 000001; 0201 35 000007 and 0303 01 000006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because Utre have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Date //70.L / ✓O -� 1) Signature Agency ES REE CONSERVATtnN N5TRIC7 *Weld County Planning Dept. +1555 N 17th Ave,Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax 1 N O E i I i I I d E O E I c I I m I o I ! I 2 N III 0 O- N a I I E m a m o O C _ `o y C CO c0 tom-_. LL O _ u v a a 0 N = O T Cl) E ° am Im t) m a >- zIr , I 2 > C y I c m 1 0 m o m I o � - O 0 a) 4- a- C c) 13 m N a) N CO0. a cn�Iin in. I o I Q m I ; 'a-c L O _ L 00 w c 1 co @ a) c I I m o N E E .C N L Ls) O Cl) Om - as 2' I I I'Nw 4a U WUQ) IC •mrn O I CD IC Z o I'N a. 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