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Weld County Department of Public Health and Environment, referral dated
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State of Colorado Division of Water Resources, referral dated September
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State of Colorado, Division of Wildlife, referral dated September 14, 2009
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LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR-1716 Hearing Date: December 1, 2009
Applicant: Weld County Public Works
Request: A Site Specific Development Plan and a Special Review Permit for Open Pit
Mining and Materials Processing (dry mining) of Construction Materials, in the A
(Agricultural) Zone District
Legal Description: SE4 Section 1, Township 8 North, Range 66 West of the 6'" P.M., Weld County,
CO
Location: North of and adjacent to County Road 96; West of and adjacent to County Road
37
Size of Parcel: +/- 160 Acres, To be Mined: 140 +/- Acres
Parcel Number: 0553-01-0-00-010
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:
o Weld County Code Compliance, referral dated September 2, 2009
o State of Colorado Division of Water Resources, referral dated September 3, 2009
o State of Colorado, Division of Wildlife, referral dated September 14, 2009
o Weld County Department of Public Health and Environment, referral dated September 28, 2009
o Weld County Department of Public Works, referral dated September 29, 2009
o Weld County Department of Building Inspection, referral dated September 29, 2008
The Department of Planning Services' staff has not received responses from the following agencies:
o Weld County School District, RE -9
o State of Colorado Division of Reclamation and Mine Safety
o West Greeley Soil Conservation District
o Weld County Sheriff's Office
o Nunn Fire Protection District
o Town of Nunn
North Pierce Mine —Weld County, USR-1716 Page 1
EXHIBIT
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WI`Dc.
COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR-1716 Hearing Date: December 1, 2009
Applicant: Weld County Public Works
Request: A Site Specific Development Plan and a Special Review Permit for Open Pit
Mining and Materials Processing (dry mining) of Construction Materials, in the A
(Agricultural) Zone District
Legal Description: SE4 Section 1, Township 8 North, Range 66 West of the 6'h P.M., Weld County,
CO
Location: North of and adjacent to County Road 96; West of and adjacent to County Road
37
• Size of Parcel: +/- 160 Acres; Area to be Mined +/- 140 Acres
Parcel Number: 0553-01-0-00-010
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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.
The County owns this 160 acre parcel which they intend to extract the mineral resource. The
proposal includes a crushing facility utilizing existing material to be crushed, stockpiled and
dispersed on local county roads in the area. There will be no concrete or asphalt batch plant at
this location. This site will be utilized only when the Weld County Department of Public Works for
road construction and maintenance activities in the area.
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 22-5-80.8 (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources."
North Pierce Mine —Weld County, USR-1716 Page 2
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According to the Weld County Sand, Gravel Resources map dated July 1, 1975, is
classified as VI (Water deposited gravel, sand, silt and clay along present stream
coarses, and the material is predominately gravel that is clean and sound). The
application materials indicate that the County has applied for a Special 112 Construction
Materials permit for the Pierce North sand and gravel pit, M-2009-062 from the Colorado
Division of Reclamation and Mining Safety. . The estimated thickness of gravel -bearing
zones varies from between 0 and 30 feet in depth over the entire site. The material will
be transported to the gravel processing area, crushed, and stockpiled for future and
immediate graveling needs in the area. Prior to mining, overburden of the topsoil will be
stockpiled directly north of the gravel processing area. The pit will be continuously mined
during the winter months with hauling of material occurring late Spring to mid -Fall
Section 22-5-80.8 (CM.Goal 3) states, "Minimize the impacts of surface mining activities
on surrounding land uses, roads and highways."
The applicant shall submit a Landscape (seeding) Plan that specifically addresses wind
and water erosion of disturbed areas and wind erosion of stockpiled materials. Further,
the applicant shall demonstrate that the impacts to County Road 37 and adjacent haul
route roads from these mine related activities will have minimal impact to the road to the
traveling public. The application materials indicate that Drainage and Erosion control
plans are in place to control run-off from the processing area. Dust control will be
accomplished by utilizing the county water truck assigned to the mining operation to
control the on -site dust and the haul roads. Further, the County has indicated that a
Storm Water Management Plan (SWMP) and Best Management Practices (BMP) Plan
are in place along with the erosion control methods to be used at the mining 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.
Sand & gravel processing equipment and material stockpiles will be located to the north
and adjacent to County Road 96 behind an earthen berm composed of overburden, thus
reducing visual and noise impacts to surrounding properties and public rights -of -way.
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 (Dry
Mining) 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 currently utilized as non -irrigated farmland and is surrounded by pasture and
or farmland in all directions. The nearest residence is located approximately 1900 feet to
the North of the proposed mine location on property owned by Douglas Stone.
The application materials indicate that concurrent reclamation consists of re -grading and
placement of topsoil materials. Reseeding will be done with native drought tolerant grass
seed mixes. The Department of Planning Services is requiring a Landscape Plan be
submitted to address environmental impacts associated with wind and water erosion of
North Pierce Mine — Weld County, USR-1716 Page 3
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disturbed areas and wind erosion of stockpiled materials and to review the proposed
seed mix to maintain the native grass and herbaceous plant material species.
Access is from County Road 37 an existing graded gravel road maintained by Weld
County through a double cattle guard at the gate entrance and into the site.
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.
This mining location is not within the urban growth boundary area and 3 -mile referral area
for any municipality. The nearest municipality is the Town of Pierce which is
approximately 3.4 miles southwest of the proposed Pierce North mine site.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld
County Code.
The proposed facility does not lie in a FEMA designated floodplain or floodway. The
Lone Tree Creek channel, is an ephemeral stream that is typically dry all year, flowing
only after larger rainstorms, bisects the site. A FIRM Community Panel Map does not
map this location, therefore, a Flood Hazard Development Permit will not be required.
Building Permits issued will be required for all on -site electrical facilities and associated
equipment..
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 "Other Lands" 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.
North Pierce Mine —Weld County, USR-1716 Page 4
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The Department of Planning Services recommends that the following conditions of approval and
development standards be attached:
Prior to recording the plat:
A. The applicant shall submit a detailed signage plan to the Department of Planning
Services in compliance with the Weld County Code. (Department of Planning Services)
B. The applicant shall attempt to address the concerns of the Colorado Division of Wildlife
(CDOW) as indicated in their referral dated September 14, 2009. Evidence of such must
be submitted to the Department of Planning Services. (CDOW)
C. The applicant shall address the requirements (concerns) of the Department of Public
Works, as stated in their referral response dated September 29, 2009. Evidence of
approval shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
D. The applicant shall submit an updated dust abatement plan for review and approval, to
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
E 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. (Department of Public Health and
Environment)
F. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing areas shall capture all effluent and prevent discharges from the washing
of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Vehicle washing areas should
be designated on the plat. (Department of Public Health and Environment)
G. 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.
A copy of the permit application shall be submitted to the Environmental Health Services,
Weld County Department of Public Health & Environment. Alternately, the applicant can
provide evidence that they are not subject to this requirement. Evidence of approval shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
H. The applicant shall submit documentation to the Environmental Health Services Division
of the Weld County Department of Public Health & Environment indicating that a
permanent water source is available for sanitary uses. Evidence of such shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1716. (Department of Planning
Services)
2. The location and size of any on -site signs. (Department of Planning Services)
North Pierce Mine — Weld County, USR-1716 Page 5
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3. The approved Landscape Plan. (Department of Planning Services)
4. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of
Planning Services)
5. Oil and Gas encumbrances including gathering lines with appropriate setbacks
shall be delineated on the plat. (Department of Planning Services)
6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened
from adjacent public rights -of -way and all adjacent properties. These areas shall
be designed and used in a manner that will prevent wind or animal scattered
trash. (Department of Planning Services)
7. A tracking control device is required to prevent the tracking of mud onto the
county road. The tracking control device should be a double cattle guard or the
equivalent. (Department of Public Works)
8. A 60 foot radius is required on all accesses to public roads for accesses
designed to accommodate truck traffic. {A minimum effective turning radius of
sixty (60) feet shall be used for accesses intended to accommodate truck traffic.
(Weld County Codification Ordinance 2000-1)} Section 8-2-40 B. Road access
design standards. (Department of Public Works)
9. Please indicate on the applicable drawings where any imported material will be
stored. (Department of Public Works)
10. Please indicate the size of riprap and add Turf Reinforcement Mat for the Pond
Outlet Spillway and Surface Runoff Inlet Swales on the applicable drawings. .
(Department of Public Works)
11. Please delineate a channel connecting Lone Tree Creek from the north of the
property to the south to allow nuisance flows to pass through the site during
mining. (Department of Public Works)
12. County Roads 96 and 37 are designated on the Weld County Road Classification
Plan as local gravel roads, which require 60 feet of right-of-way at full build out.
The applicant shall verify and delineate on the plat the existing right-of-way and
the documents creating the right-of-way. All setbacks shall be measured from
the edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. These roads are maintained by Weld County. (Department of Public
Works)
2. Prior to operations commencing:
A. An individual sewage disposal system is required and shall be installed according to the
Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall
verify with the nearest Town/City or Sanitation District to determine the location of the
nearest sewer line. In accordance with the Weld County Code, if a sewer line exists
within 400 feet of the property and the sewer provider is willing to serve the proposed
structure, a septic permit cannot be granted by the Weld County Department of Public
Health and Environment. Evidence of such shall be provided to the Department of
Planning Services and Department of Public Health and Environment. (Department of
Public Health and Environment)
North Pierce Mine — Weld County, USR-1716 Page 6
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3. 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)
4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
5. The applicant shall be responsible for the attached Development Standards for the Special
Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The
completed plat shall be delivered to the Weld County Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by
the Board of County Commissioners. (Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required thirty (30) 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)
North Pierce Mine — Weld County, USR-1716 Page 7
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
North Pierce Mine
do Weld County Public Works
USR-1716
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facility including Open Pit Gravel Mining and materials processing (Dry Mining) 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)
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 d. (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. 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)
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)
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. The facility shall operate in
accordance with the approved "noise control plan" at all times. (Department of Public Health and
Environment)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for
personnel located that the facility. (Department of Planning Services)
10. Adequate drinking, hand -washing and toilet facilities shall be provided for all personnel located at
or entering the facility. (Department of Public Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
12. Portable toilets may be utilized on sites that are temporary locations of the working face.
(Department of Public Health and Environment)
North Pierce Mine — Weld County, USR-1716 Page 8
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13. Bottled water shall be provided to employees at the temporary locations of the working face.
(Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
15. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public
Health & Environment, Water Quality Control Division, as applicable. (Department of Public
Health and Environment)
16. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation and Mining Safety. (Department of Public Health and Environment)
17. 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)
18. The hours of operation for sand and gravel operations are limited to the hours of day light except
in the case of public or private emergency or to make necessary repairs to equipment. Mining and
hauling hours shall occur between the hours of 6:00 AM to 4:30 PM during summer months and
between the hours of Hours of 7:00 AM to 3:30 PM during winter months. 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)
19. The number of employees on -site at one time shall not exceed twenty (20). (Department of
Planning Services)
• 20. Existing vegetative cover along public roads 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)
21. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the
reclaimed areas. (Department of Planning Services)
22. 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)
23. 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)
24. The site must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
25. A 60 foot radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic. (Department of Planning Services)
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26. The applicant shall comply with all Colorado Department of Health and Environmental (CDPHE)
regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
27. The applicant shall comply with all Colorado Department of Health and Environment, Water
Quality Control Division regulations regarding storm water quality permitting and protection and
construction storm water discharges. (Department of Public Works)
North Pierce Mine — Weld County, USR-1716 Page 9
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28. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
29. A building permit application must be completed for all electrical work conducted on site. A
building permit must be issued prior to the start of construction. (Department of Building
Inspection)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Open -mining
Standards of Section 23-4-250, Weld County Code.
33. 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.
34. 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.
• 35. 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)
36. 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)
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North Pierce Mine —Weld County, USR-1716 Page 10
November 16, 2009
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DEPARTMENT OF PLANNING SERVICES
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Weld County Public Works
Attn: Dave Bauer
1111 H Street
Greeley CO 80632
Subject: USR-1716- A Site Specific Development Plan and Use by Special Review Permit for Open Pit Mining and
Materials Processing (dry mining) of construction materials in the A (Agricultural) Zone District on a parcel of land
described as SE4 of Section 1, T8N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 1, 2009, at 1:30 p.m. This
meeting will take place in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado.
A subsequent hearing will be held on December 16, 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 needs to provide the Weld County Planning Department with
written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten 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 staff report one week prior to the scheduled Planning Commission
hearing. You may view the staff report at www.co.weld.co.us/departments/planninq/Planninq/plan current
If you have any questions concerning this matter, please call.
a
Wilk
COLORADO
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PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
October 27, 2009
Kim Ogle, Planning
Re: Pierce North Gravel Pit (USR-1716) Re -Vegetation Plan
The Pierce North site is currently dry land farmed, usually as winter wheat. The 160 acre
property is very flat with generally northwest to south east slope. Adjacent properties are also
farmed as winter wheat, corn, and some properties are un-irrigated pasture.
Mining operations are expected to be intermittent with small areas excavated to expose native
sands and gravels. Concurrent reclamation consisting of re -grading of stockpiled topsoil, and
placement of soil materials unsuitable for the County's road construction or maintenance will be
followed by re -seeding with drought tolerant native grasses as shown in the seed mix given
below by the Weld County Public Works weed control specialist. Topsoil amendment may be
needed, however, fertilizers are generally too strong for use with native seed mixes. Upon
completion of sand and gravel mining and stockpiling activities, the Pierce North site will be
reclaimed and returned to pasture, suitable areas may be again dry -land farmed.
North Pierce Pit seed mix:
Blue Grama (Hachital, Lovington) 2.5 lbs. / acre
Western Wheatgrass (Arriba, Barton, Rosana) 4 lbs. / acre
Sideoats Grama (Vaughn, Butte, Nine, El Reno, Haskell) 2.5 lbs. / acre
Little Bluestem 2 lbs. /acre
Alkali Sacaton 1.5 lbs. / acre
Buffalo Grass (Texoka, Sharps Improved) 1.5 lbs. / acre
Sand Drop Seed 0.25 lbs/acre
Total: 14.25 lbs/acre
"Other addition: Mycorrhiza to coat the seed at time of planting.
PLANNING COMMISSION AND BOARD OF COUNTY
COMMISSIONERS' SIGN POSTING CERTIFICATE
•
•
THE LAST DAY TO POST THE SIGN IS NOVEMBER 20, 2009 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING [DECEMBER 1, 2009] AND THE BOARD OF COMMISSIONERS
HEARING [DECEMBER 16, 2009] FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A
SPECIAL REVIEW PERMIT FOR OPEN PIT MINING AND MATERIALS PROCESSING (DRY
MINING) OF CONSTRUCTION MATERIALS, IN THE A (AGRICULTURAL) ZONE DISTRICT
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
Kim Ogle
Name of Person Posting Sign
Signature of Person Posting Sign
and sworn to me thi
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View to North on CR 37
Kristine Ranslem
rom:
nt:
o:
Subject:
Attachments:
Kristine Ranslem
Wednesday, September 02, 2009 11:49 AM
'Erich Ehrlich'
USR-1716 Field Inspection
usr1716.rtf
We have just received a case (USR-1716) in which we ask that you review the material and send the attached
field inspection report with your comments to us by September 30, 2009. The following is a quick link to the
case in question: http://www.co.weld.co.us/departments/planning/Planning/plan current.html#USR-1716
If you have any problems or have any questions, please don't hesitate to contact me at the number below.
Thank you!
Kr ti,vve R.gvucLe vv.
Planning Technician
Weld County Planning Services
918 10 Street, Greeley CO 80631
970-353-6100 ext. 3519
•
•
•
•
FIELD CHECK
Inspection Date: October 19, 2009
Case Number:
Applicant:
Request:
Legal Description:
Location:
Size of Parcel:
Parcel Number:
USR-1716
Weld County Public Works
A Site Specific Development Plan and a Special Review Permit for Open Pit
Mining and Materials Processing (dry mining) of Construction Materials, in the A
(Agricultural) Zone District.
SE4 Section 1, Township 8 North, Range 66 West of the 6th P.M., Weld County,
CO
North of & adjacent to County Road 96; West of & adjacent to County Road 37
+/- 160, To be Mined: 140 +/- acres
0553-01-0-00-010
Zoning
Land Use
N
Agricultural
N
Pasture/ rangeland — SFRs to CR 98 (0.5miles North)
E
Agricultural
E
Pasture/ rangeland
S
Agricultural
S
Pasture/ rangeland
w
Agricultural
W
Pasture/ rangeland
Comments:
Site is vacant and appears to be actively farmed in a dryland row crop. At time of field visit the crop had
been harvested and clipped to stubble. There is a defined drainage way which bisects the property. No
water flows, but appears to be a natural drainage -way which flows to south. Visual inspection identified
gravels at surface. There is a component of concrete block that has been deposited in one area of the
site. CR 96 and County road 37 are both local graveled roads with borrow ditches. Property lies slightly
to the south with the drainage -way as the physical feature to the property.
❑ House(s)
o Outbuilding(s)
o Access to Property
s Crop Productions
Site Distance
❑ Mobile Home(s)
❑ Other Animals On -Site
o Water Bodies
P Ditch — natural swale
❑ Derelict Vehicles
❑ Non-commercial junkyard (list components)
❑ Irrigation Sprinkler
T Crops
❑ Wetlands
❑ Oil & Gas Structures
❑ Wildlife
❑ Utilities On -Site (transmission lines)
I Topography
Note any commercial business/commercial vehicles that are operating from the site.
•
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•
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lURe.
COLORADO
October 13, 2009
David Bauer, P.E., CFM
Weld County Public Works
P.O. Box 758
1111 H Street
Greeley, CO 80632
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
Subject: Referrals for the Weld County North Pierce Pit, USR-1716
Dear David:
The Department of Planning Services has received the following referrals for the above
referenced case and offers them for your review. In general the referral agencies have no
objections to the proposal however, it would appear that a few issues require resolution, more
specifically addressed in the Division of Water Resources and CDOW referral.
Staff is preparing to move forward on this case at a December 1, 2009 hearing date followed by
the Board of County Commissioners hearing to be confirmed.
Should you have additional questions, please contact this office.
Sinceely,
Z
Kim Ogle
Planning Services
Enclosures
pc: USR-1716
Kim Ogle
om:
Subject:
Chris,
David Bauer
Wednesday, October 21, 2009 12:59 PM
Chris Gathman; Kim Ogle
Pierce North USR 1716
I received the draft version of the development standards for our North Pierce pit. I noticed a couple of things
you may want to double check / edit/ delete????
Item 9 — The Weld County Department of Public Health and Environment has request a permanent water
supply for the Pierce North gravel pit office. There is no Pierce North gravel pit office. No buildings are
proposed or planned.
Public Works re -iterates the Pierce North gravel pit project description that mining, material processing,
stockpiling, and truck hauling to offsite County -operated construction sites will be intermittent, certainly less
than 6 months total activity in any 12 -month period. As with other County operated gravel pits, water will be
provided for County workers in "Igloo" coolers or as bottled water in each truck. Sanitary facilities will be
provided by County -owned "porta-potties" delivered to the site on a trailer, and removed for service and
cleaning when each mining, material processing or load -out event is complete.
If the Weld County Department of Public Health and Environment insists on this item, during the hearings, I
will request that it be deleted.
tem 12 - First sentence. I think there is an extra "equipment"
Item 18 — No lighting is proposed unless those requirements apply to vehicle headlights? All site activities are
anticipated to be during daylight hours.
Item 30 - Is Public Works to submit a building permit even though no buildings are proposed, no foundations
are to be constructed? Are we also to do geotech investigation and report since there are no structures planned?
Item 31 — Is a building permit necessary since no construction is planned, only excavation of gravel?
Item 33 — Does the requirement for Nunn Fire coverage apply for a gravel pit with no permanent facilities, no
buildings, or no structures? Gravel is not flammable.
Please consider these responses and let us discuss which should be in the final version resolution.
Thanks Chris,
David Bauer, P.E., CFM
Weld County Public Works
P.O. Box 758
al 1 H Street
eeley, CO 80632
(970) 304-6496
r
Kim Ogle
nt:
•om: :
Cc:
Subject:
Kim,
David Bauer
Thursday, October 22, 2009 10:27 AM
Kim Ogle
Heidi Hansen
North Pierce pit
I received the adequacy review letter from DRMS, my application to them is complete. That letter indicates that their
decision date for the North Pierce pit application will be November 24, 2009. Their only comment and request to change
(so far) is to return the reclaimed site to cropland or rangeland state, not water resource. That because we will not
intersect the water table with mining, will not be slurry walling the pit (since there's no ground water to control), and will not
be attempting to store water in the reclaimed site. Changing the designation to cropland or rangeland is actually good
because we do not need to provide lots of water storage and water rights information to the State Engineer's Office so
review will be simpler for the DRMS.
Thought you'd want to know,
Dave B
•
1
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DEPARTMENT OF PLANNING SERVICES
918 10'" Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FM: (970) 304-6498
I O
COLORADO
August 31, 2009
Weld County Public Works
Attn: Dave Bauer
1111 H Street
Greeley CO 80632
Subject: USR-1716 - Request for a Site Specific Development Plan and Use by Special Review Permit for
Open Pit Mining and Materials Processing (dry mining) of Construction materials, subject to the
provisions of Article IV, Division 4 of this Chapter in the A (Agricultural) Zone District on a parcel
of land described as SE4 of Section 1, TBN, 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 Nunn Planning Commission for
their review and comments. Please call Nunn at 970-897-2385 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 Nunn
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
Planner
Page 1 of 1
Kim Ogle
From: Lauren Light
Sent: Monday, August 10, 2009 4:34 PM
To: Kim Ogle
Subject: o.k. to submit North Pierce gravel pit for Public works
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)
8/10/2009
•
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cstrig
WUDe.
COLORADO
TO:
DATE:
FROM:
SUBJECT:
MEMORANDUM
PA09-082; Case File, pre -application
July 30, 2009
Kris Ranslem, Planning Technician
Pre -Application Meeting prior to submitting
USR for mining operation
Attendees:
Dave Bauer, Public Works (applicant)
Don Dunker, Public Works
Kim Ogle, Planning
Chris Gathman, Planning
Kris Ranslem, Planning
On Thursday, July 30, 2009 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding a proposed mining operation for Public Works. (The legal
description is SE4 of Section 1, T8N, R66W of the 6'" P.M.)
Background Information:
Weld County owns 160 acres in SE4 of Section 1, T8N, R66W of the 6'h P.M., Weld County
Colorado. Public Works Department intends to mine the full 160 acres over an 8-10 year period.
The northern 80 acres is currently dryland wheat and may be farmed until it is ready to be mined.
The proposal is to mine and crush gravel, stockpile and haul out approximately 100,000 tons of
material per year.
Lone Tree Creek runs through the property and extends south where it drops into the Old Pierce
Pit which acts as a detention pond for the creek. Water runs through Lone Tree Creek only
when there is a significant amount of rain or during a flash flood.
Public Works
Access to the site is from CR 37. There was discussion of possibly building a road on what
would be known as CR 96 for access to the souther portion of the site.
Staff suggested installing double cattle guards after the first 100 feet of pavement to eliminate
mud entering onto the County Road.
An estimated number of truck trips per day will need to be provided. Bauer indicated that it could
be Public Works' entire fleet (35 gravel haulers) although not all at once.
No Traffic Study is required.
No Geotechnical Report is required.
A description on how the onsite and offsite flows will be handled should be included with the
application. The site is not located in a FEMA regulated floodplain.
•
•
•
Planning Department
Mining will be performed during daylight hours, most likely in the winter.
Public Works intends to maintain the silt fence and add a berm up to 3 feet high to screen the
operations from the northern adjacent land owners. Screening on the remainder of the property
will be determined in the future as there are no other surrounding residences.
There will be no construction trailer or office located on site. No fencing is proposed. "No
Trespassing" signs will be posted.
Bottled water and a port -a -potty will be provided.
Staff explained the USR process. The applicant shall submit 4 packets for a 7 day
completeness review. After the 7 day completeness review the applicant will be informed of
what items are still required to make the application complete. Staff requested that the applicant
submit the remaining material in electronic form. Upon submittal of a completed application it
will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss
the referrals and address as many of the referrals as possible. At that meeting the Planning
Commission hearing will be scheduled. The Board of County Commissioners hearing typically
follows approximately 3 weeks after the Planning Commission hearing.
End memorandum.
WFi'Yc
COLORADO
July 29, 2009
Chris Gathman
Weld County Planning Services Department
918 10th Street
Greeley, CO 80631
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
Re: Pierce North Sand and Gravel Pit — USR Application
Dear Mr. Gathman,
Attached please find the required 4 copies of the Weld County Use By Special Review
Application for Weld County Public Works' Pierce North gravel pit. Public Works has
also applied for a Special 112 reclamation permit from the. Colorado Division of
Reclamation and Mining Safety (DRMS) to conduct the extraction of sand and gravel
construction materials from the site. That application is on file with the DRMS and the
Weld County Clerk or Recorder.
The applicant/operator proposes to reclaim the affected land as a stormwater detention
pond. The pit will be dry, not intercepting ground water. Pit operations are expected to
be episodic, rarely over 3 months of operations are expected at the site.
Public Works will greatly appreciate early scheduling of this application for hearings as
the road maintenance needs in the Pierce area are large and our crews need the gravel
resource to optimize construction efficiency and minimize cost to County taxpayers.
Thank you for your assistance with this application.
Sincerely,
David Bauer, P.E., CFM
County Engineer - Development
Weld County Public Works
Cc: Pierce North file
M\DAVE B\Pierce NortMWeltl Planning Application Cyr Llydoc
w
•
I
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
July 29, 2009
Lauren Light
Weld County Health Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: Dust Abatement Plan — Pierce North Gravel Pit
Dear Lauren.
Following State and Board of County Commissioners' approvals, Weld County Public Works will
begin mining, crushing, and stockpiling road construction materials at a new gravel site known as the
Pierce North Gravel Pit located west of and adjacent to WCR 37 approximately 3 miles northeast of
Pierce. The site will be covered under a 112 mining permit from the State Division of Mining
Reclamation and Safety, and a County USR Permit. Operations at the site will begin in late fall, and
will not exceed 6 months of on -site activity per year.
This letter is notice of our intended dust abatement plan as one of the conditions of the Use by
Special Review Permit. Water will be used on WCR 37, on the mine site haul road and during
material processing to control dust. Water for dust control will come from an approved well (likely
from the Greeley Geisert dust control well. A water truck will be assigned to the pit during the
mining, crushing, and stockpiling activities.
If you have any questions, please call me at extension 3739.
Sincerely,
David Bauer
Pc: Fiscus North Grave Pit file
Kim Ogle, Planning
M.\DAVE B\FiscusPcrmits\Weld USR permit\Dust Abatement Plan-let.doc
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