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COLORADO
MEMORANDUM
RECEIVED
TO: Kim Ogle, Planning Services DATE: September 29, 2009
FROM: Heidi Hansen, P.E., Public Works Department
SUBJECT: USR-1716, Weld County Public Works
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 be all-inclusive, as other
issues may arise during the remaining application process.
COMMENTS:
Weld County Road Classification Plan (FHU): WCR 96 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.
Our most recent AADT count reflects 5 vehicles per day taken in April 2006.
WCR 37 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.
Our most recent MDT count reflects 9 vehicles per day taken in April 2006.
Access: Direct access from a public road will be limited to one (1) per legal parcel, except as further
limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the
Department of Public Works or the Board of County Commissioners. This policy shall apply to all new
and existing accesses within the unincorporated areas of the County. Properties within municipalities or
other counties which access County roads are subject to this policy.
The applicant shall utilize the access off of WCR 37 shown in Exhibit D, Mining Plan. 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. No paving is required.
As a courtesy to residents in the area, the applicant may want to consider extending their dust control
measures during times of heavy use along the route to US 85 (on either WCR 94 or WCR 98).
The approximate location of the proposed access was field verified to have adequate sight distance in
both directions.
A 60' radius is required on all accesses to public roads for accesses designed to accommodate truck
traffic. {A minimum effective turning radius of forty (60) feet shall be used for accesses intended to
accommodate truck traffic. (Weld County Codification Ordinance 2000-1)} Sec. 8-2-40 B. Road access
design standards.
Site Plan: Please indicate on the applicable drawings where any imported material will be sto C
M:APLANNING — DEVELOPMENT REVIEWVUSR-Use by Special Rev
2009-3219
EXHIBIT
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Storm Water Drainage: 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.
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.
Please show a trench connecting Lone Tree Creek from the north of the property to the south to allow
nuisance flows to pass through the site during mining.
The applicant must take into consideration storm water capture/quantity and provide accordingly for best
management practices.
Flood Hazard Development Standards: This area has not been mapped by the Federal Emergency
Management Agency (FEMA); therefore, it is not in a Special Flood Hazard Area (SFHA).
pc: USR-1716
M VPLANNING — DEVELOPMENT REVIEW\USR-Use by Special ReviewVUSR-1716 Weld County Public WorksVUSR-1716.docx
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COLORADO
MEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Lauren Light, Environmental Health
SUBJECT: USR-1716 Weld County (Pierce North
Gravel Mine)
DATE: 9/28/2009
Environmental Health Services has reviewed this proposal for an open pit gravel mine.
No permanent structures are proposed, a crusher and excavating equipment will be
associated with this site. Portable toilets and bottled water may be utilized at the
working face of the mine. The application indicates that mining could occur for 10 years
and material storage could expand the life of the mine for an additional 3 years. As this
operation is not temporary (6 months or less), an individual sewage disposal system
and a permanent water source is required.
Noise will be restricted to the level allowed in the industrial zone district. The
application indicates that water for dust control will be trucked to the site. A dust
abatement plan should also include conveyors, reducing vehicle speeds, compaction of
road surfaces, berms and covering or watering loaded haul trucks. The application
indicates there will be minimal waste, which will be contained in a dumpster and
disposed of at the landfill, so a waste control plan is not necessary.
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.
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2. 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.
3. The applicant shall submit an updated dust abatement plan for review and
approval, to Environmental Health Services, Weld County Department of Public
Health & Environment. Please include a copy of the well permit for the Greeley
Geisert well or documentation for an approved water source for dust control.
4. Submit documentation to Environmental Health Services, Weld County
Department of Public Health & Environment indicating that a permanent water
source is available for sanitary uses.
We recommend that the following requirement be incorporated into the permit as a
condition that must be met prior to operation:
1. 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.
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.
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4. 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.
5. 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.
6. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
7. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for personnel located at the facility.
8. Adequate drinking, handwashing and toilet facilities shall be provided for all
personnel located at or entering the facility.
9. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
10. Portable toilets may be utilized on sites that are temporary locations of the
working face.
11. Bottled water shall be provided to employees at the temporary locations of the
working face.
12.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.
13.The applicant shall remove, handle, and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
14. The applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division, as
applicable.
15. The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
16.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
September 3, 2009
Kim Ogle
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Weld County Public Works
Case No. USR-1716
SE'/+ Sec. 1, T8N, R66W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Ogle:
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
We have reviewed the above referenced proposal for a Site Specific Development Plan
and Use by Special Review Permit for dry mining of construction materials at the Pierce North
Pit. The submitted material does not appear to qualify as a "subdivision" as defined in Section
30-28-101(10)(a) C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005
memorandum to county planning directors, this office will only perform a cursory review of the
referral information and provide comments. The comments will not address the adequacy of the
water supply plan for this property or the ability of the water supply plan to satisfy any County
regulations or requirements.
Based on the application materials, this will be a dry mining facility with operations
conducted above the water table. There are no surface or ground water facilities within the site.
Water for dust control will be trucked in from offsite wells or storage ponds having the rights to
provide water for such a use. Drinking water will be provided from dispensers in County
vehicles at the site, and portable toilets will serve as temporary sanitary facilities at the site.
At the conclusion of mining operations, the pit is proposed to be reclaimed and
developed as a stormwater detention pond. Reclamation plans must ensure stormwater will not
be retained onsite for more than 72 hours unless an augmentation plan approved by the water
court is obtained. So long as this condition is met, this office has no objections to the subject
request. If you or the applicant has any questions in this matter, please contact Sarah Reinsel
of this office.
Sincerely,
Jeff Deatherage, P.E.
Water Resource Engineer
cc: Jim Hall, Division Engineer
Brent Schantz, Water Commissioner
JD/skr,Weld County Public Works USR
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
www W. Water. state. co. Us
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STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
Weld County Planning Department
AN EQUAL OPPORTUNITY EMPLOYER GREELEY OFFICE
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
wildlife.state.co.us
September 14, 2009
Mr. Kim Ogle - Planner
Weld County Planning Department
918 101h Street
Greeley, CO 80631
SIP 18 7fm9
RECEIVED
Weld County - Applicant
P.O. Box 758 / 1111 H Street
Greeley, CO 80632
RE: USR-1716 - Weld County N. Pierce Gravel PR proposal
For Wildlife -
or People
Dear Mr. Ogle:
The Colorado Division of Wildlife (CDOW) has reviewed the permit application for the above -referenced
gravel mining located within Section 1 (SE), Township 8N and Range 66W of the 6th P.M., near the town of
Pierce, Weld County, Colorado. This location is North of and adjacent to CR 96 and west of and adjacent
to CR 37.
The land where the development is proposed is used primarily for dry land farming, and is used by wildlife
species typically found within shod -grass prairie ecosystems. In addition, the east half of the southeast
quarter of this section is bisected (from north to south) by the intermittently flowing Lone tree Creek riparian
corridor.
If this parcel Is developed for gravel mining purposes, CDOW recommends:
Pre -Construction surveys: This parcel consists primarily of dry -land agricultural fields with varying degrees of
topography and natural drainages. There is one significant riparian corridor, however, Lone tree Creek,
extends from the northern boundary to the southern boundary of the eastern half of southeast quarter of
this parcel. Lone tree Creek in this area has intermittent flows of water during the year, and nearby
permanent pools providing refuge for small fish and amphibian species. A nearby sampling effort
conducted by Colorado State University in 2005 (a drought year) found around ten small fish species
including the listed brassy minnow, and species of concern including Iowa and Johnny darters. The entire
reach of Lone tree Creek provides critical habitat for several species of amphibians which are also species
of concern. This section of Lone tree Creek is unique in this arid region of Colorado where few riparian
corridors of this type exist. CDOW recommends wildlife and habitat surveys to gain an understanding of
what sensitive terrestrial and aquatic wildlife and plant communities located within this particular parcel,
especially along the riparian corridor of Lone tree Creek. We recommend that pre -construction surveys
also look specifically for burrowing owls, mountain plovers, raptors, and swift fox.
Buffer of Riparian Corridor. Adequate set back of mining from the riparian corridor is necessary to protect
the hydrologic integrity of the drainage, if this unique riparian community is to remain intact. Excavation
processes as a result of mining for gravel that occur immediately adjacent to this unique wetland / riparian
corridor may have negative impacts to the natural infrastructure and ecological processes of the riparian
corridor. In order to avoid negative impacts such as sedimentation, erosion and alteration of the system's
hydrology, CDOW recommends that the riparian corridor be buffered from all construction processes. As
mentioned in Weld County's Comprehensive Land Use Plan, riparian areas are identified as key wildlife
habitat and recommend that appropriate disturbance setbacks (from construction activities) should be
applied as a way to avoid adverse impacts to hydrology, wildlife and wildlife habitat.
DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director
WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary
Members, Dennis Buechler • Jeffrey Crawford • Dorothea Farris • Roy McAnally • Richard Ray • Robert Streeter
Ex Officio Members, Harris Sherman and John Stulp
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Ground Breaking Construction: This type of landscape provides nesting habitat and contains a large
number of different small bird species. Most species of small birds on site are primarily ground nesting birds,
although some species nest in trees or bushes. Human activities around these nests can have significant
negative impacts. Because mining operations essentially remove all existing above ground habitat
structure on a potential large scale, and in order to minimize loss of nesting success, it is recommended that
all initial ground -breaking construction that takes place on the proposed area occurs between September
1 and April 1. If groundbreaking construction is absolutely unavoidable during critical nesting periods, we
strongly encourage that nest surveys be employed to document any raptor or small ground nesting bird
nests that may be disturbed or destroyed by construction activity.
Weed and Dust Management Noxious weeds reduce wildlife habitat quality. With new construction
taking place and machinery being transported from one site to another, it is important to help prevent the
spread of noxious weeds on site as well as onto adjacent private lands. Equipment should be cleaned
periodically to remove weed seeds even if no weeds are recognized. It is recommended that listed
noxious weeds be actively managed. A working weed management and native vegetation reclamation
plan should be developed and implemented throughout construction and until all disturbed areas are
properly and adequately re -vegetated to prevent erosion, fugitive dust and invasion by noxious weeds.
Inclusion of dust abatement practices will decrease the opportunity for blowing dust and sand minimize
adverse impact to plant communities and the habitat they provide onsite and on surrounding lands. The
applicant may want to contact the Weld County Weed Inspector to facilitate development of reclamation
and weed management plans for the site.
Fencing: CDOW is concerned for the safety of the wildlife in the area if poorly designed fences are
erected. Improper fencing may exclude wildlife from essential habitat, as well as being dangerous and
even fatal to wildlife. Therefore, we recommend minimal fencing as needed to protect the site and fulfill
MSHA requirements. Fencing to be used within or around development sites, either during or after mining
processes, should be the type that would allow free passage of wildlife. These fences are designed to
avoid the use of woven wire type fences that will trap or prevent movement of wildlife. CDOW
recommends the use of three or four strand fencing with a bottom strand height of 17 inches and a
maximum top strand height of 42 inches, along with installation of double stays between posts.
Aquatic Invasive Species: If heavy equipment to be used for the project has previously been used in another stream, river,
lake, pond, or wetland, one of the following disinfection practices is necessary prior to construction to prevent the spread of
New Zealand mud snails, zebra mussels, quagga mussels, whirling disease, and any other aquatic invasive species into this
drainage. These practices are also necessary after project completion, prior to this equipment being used in another stream,
river, lake, pond, or wetland:
• Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak
equipment a 1:15 solution of Sparquat institutional cleaner and water. Keep equipment moist for at least 10
minutes OR
• Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak
equipment with water greater than 140 degrees F for at least 10 minutes.
Clean hand tools, boots, and any other equipment that will be used in the water with one of the above options as well.
On behalf of the Colorado Division of Wildlife, I would like to thank you for the opportunity to review and
comment on this proposal. If you or the applicant has questions, please feel free to call Troy Florian at (970)
443-1993.
Sincerely,
Mark Leslie
Area Wildlife Manager
cc: S. Yamashita, K. Green, C. Greenman, T. Florian, file
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