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Home My WebLink About20091005• • • (fyT7 WIlk • COLORADO Weld County Referral NOV 2 6 2008 Nove gmry manning Department GREELEY OFFICE RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Ready Mixed Concrete Case Number USR-1682 Company Please Reply By December 26, 2008 Planner Kim Ogle Project A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District. Legal Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, Ti N, R67W; together with a Non -Exclusive easement and right-of-way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. Parcel Number 1469 12 100044 & 1469 01 400090 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. �f7 See attached letter. Comments: EXHIBIT I L{ Signature Agency PJJa, I,J„7kcs Date o`s' 2009-1005 •:•Weld County Planning Dept. 4918 10th Street, Greeley, CO. 80631 :•(970) 353-6100 ext.3540 ❖(970) 304-6498 fax tott WIWDe. COLORADO MEMORANDUM TO: Kim Ogle, Planning Services DATE: December 16, 2008 FROM: Clay Kimmi, P.E., Public Works COC SUBJECT: USR-1682, Ready Mixed Concrete Company — Morton Lakes Pit Comments made during this phase of the application process are not all-inclusive, as other concerns or issues will arise during the remaining application process. The Weld County Public Works has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: REQUIREMENTS: Please provide a copy of the approved Mine Plan and Reclamation Plan to Public Works. Access: Access to State Highway 52 shall be paved with adequate turning radiuses a minimum of 60 feet in width to accommodate two-way traffic, match existing grade. As shown on the Extraction Plan Map, the access shall be paved for a minimum of the first 500 feet into the site. Two cattle guards must be installed back to back at the end of the pavement. Our minimum is 300' or to the scale house whichever is shorter. Ole applicant shall include a note on the plat that states the access road will be cleaned periodically to prevent e tracking of mud and gravel onto State Highway 52. The western access to the property shall be blocked or gated to prevent access to the property. The access can remain for emergency access only. Gate shall be signed as emergency access only. Private (Onsite) Improvements Agreement: The applicant shall enter into a Private Improvements Agreement with the Weld County Public Works Department. Traffic Study: As requested in the 7 -Day Review Memo from Don Carroll, dated October 15, 2008, the applicant shall provide a copy of the original traffic study associated with the Holton Lakes facility. Storm Water Drainage: Onsite detention will not be required for this facility. However, the applicant shall provide a drainage report that addresses how offsite stormwater flows will be routed through or around the site. The report must include calculations that quantify the volumes of offsite flows and any calculations for structures used to route the flows through or around the site. Please provide a copy of the approved NPDES permit and the approved SWMP plan. Flood Hazard Development Permit: The applicant shall obtain approval for a Flood Hazard Development Permit (FHDP) prior to the approval of this application. Two floodplains (Big Dry Creek and South Platte River) intersect on the property. The same requirements apply to both floodplains. The FHDP application packet must be signed, dated, and stamped by a registered professional engineer licensed to practice in the State of Colorado. The FHDP application shall address at a minimum the following issues: 1. A FHDP map shall be provided that provides the location of all the below mentioned items. age 1 of 2 December 16, 2008 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 RMCC Morton Lakes\USR-1682 RMCC Morton Lakes Comments 12-16-08.doc • • 2. Access road will have to be built at grade. If it is to be built up above existing grade, it shall be shown to cause no rise in the water surface elevations of the floodplain and floodway. 3. The Batch Plant facility and Office Complex will have to be modeled to show that they are no causing a rise in the water surface elevations of the floodplain and floodway. The Holton Lakes HEC-RAS model can be used as a starting point but the model will have to be revised to show their project. 4. The fueling station shall be removed from the 100 -year floodplain or shall be anchored inside a concrete containment area whose berms extend a minimum of 1 foot above the 100 -year water surface elevation. An elevation certificate on the containment berms will be required. 5. The screening berm shown on the Extraction Plan will have to be modeled to show no rise in the floodplain and floodway. The berm shall be erosionally stable during the 100 -year flood event. 6. All overburden, topsoil, and material stockpiles shall be shown on the map. All stockpiles must be oriented parallel to flow in the floodplain. All stockpiles shall be modeled to show that they are not causing a rise in the water surface elevations in the floodplain and floodway. All stockpiles shall be shown to be erosionally stable during the 100 -year flood. No stockpiles will be allowed in the floodway. 7. If the returned concrete which is to be wind rowed and recycled is to be located in the floodplain, it shall oriented parallel to flows in the floodplain and it shall be shown that it is not causing a rise in the water surface elevations for the floodplain and floodway. 8. Elevation certificates shall be provided for the scale house, shop, and any other associated buildings. 9. Evidence showing that the mobile home to be used as the scale house/office has been elevated 1 foot above the base flood elevation and has been anchored shall be submitted. Evidence showing that the foundation for the mobile home has been flood vented shall be submitted. 10. Evidence showing that the shop building has been flood vented shall be submitted. Per FEMA, doors and windows cannot be used for flood venting. Please note that most of the above requirements can be avoided if the batch plant and office complex is located outside of the 100 -year floodplain in stages 1, 5, or the western portion of stage 4. It is suggested that the applicant contact Public Works to discuss options for the location of the batch plant and office complex. Associated 24"x36" Maps: The location of all overburden, topsoil, concrete, and material stockpiles shall be shown on the extraction map. The location of the conveyors shall be shown on the extraction plan. The maps shall be signed, dated, and stamped by a registered professional engineer licensed to practice in the State of Colorado. The applicant shall address the comments listed above during, this review process. Comments made during this stage of the review process are not all-inclusive, as revised materials will have to be submitted and approved by Public Works prior to the recording of the Final Plat. The review process will continue only when the all application materials have been submitted. Email & Original: Kim Ogle, Planning Services PC: USR-1682 PC by Post: Ready Mixed Concrete Company, Applicant Michael J Hart, Hart Environmental •age 2 of 2 December 16, 2008 M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1682 RMCC Morton Lakes\USR-1682 RMCC Morton Lakes Comments 12-16-08.doc • • • iierz; Wilk • COLORADO Weld County Referral November 25, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Ready Mixed Concrete Case Number USR-1682 Company Please Reply By December 26, 2008 Planner Kim Ogle Project A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District. Legal Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, Ti N, R67W; together with a Non -Exclusive easement and right-of-way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. Parcel Number 1469 12 100044 & 1469 01 400090 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: • Signature Date !a ) /c / 0200$ Agency tit J►.vr1 f rvc cc, t'us v. S +Weld County Planning Dept./4.918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970) 304-6498 fax • 4tt:i COLORADO • DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 918 10th St Greeley CO 80631 Phone (970) 353- 6100 Ext 3575 WEBSITE: www.co.weld.co.us Applicant: Ready Mixed Concrete Company December 15, 2008 Case Number: USR-1682 Project: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Develop facilities including a Concrete, Recycled Concrete, and Gravel Mining in the A (Agricultural) Zone District. Legal: Lot B of RE -1525; being part of the SE4 of Section 1 and the NE4 of Section 12, T1 N, R67W; together with a Non -Exclusive easement and right -of way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over an across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location: Generally located 1/4 mile South of SH 52;''A miles East of CR 23; West of and adjacent to CR 25 Section Line and approximately Yz miles North of CR 10.. Parcel Numbers: 1469 12 100044 & 1469 01 400090 There is one permit on record for these parcels; G19910250 is final. Prior to the start of any construction, alterations, or change of occupancy; 1 A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. 2 A plan review shall be approved and a permit must be issued prior to the start of construction. 3 Setback and offset distances shall be determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter from the Fire District to ascertain if a FPD permit is required. SSinc rely Robert Powell Plans Examiner II Service, Teamwork, Integrity, Quality Weld County Planning Department GREELEY OFFICE • • TO: KIM OGLE, PLANNING SERVICES FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH ig SUBJECT:USR-1682 READY MIX CONCRETE COMPANY DATE: 12/31/2008 MEMORANDUM, Aa fi mmHg RECEIVED Environmental Health Services has reviewed this proposal for a mineral resource development facility including a concrete plant, sand and gravel processing plant, recycled concrete and gravel mining. Portable toilets and bottled water will be utilized at the working face of the mine. The applicant has applied for a commercial well permit. It appears from the application materials that potable water is proposed from a commercial water service. As this use is not temporary or seasonal, a permanent water supply is required. The commercial well may be sufficient for a potable water source. An individual sewage disposal system is located on the property (G19910250) that is sized for a 3 bedroom residence. If the system is utilized, an engineer evaluation is required to ensure the system is of sufficient size to handle and increased hydraulic load. Noise will be restricted to the level allowed in the industrial zone district. In addition, berms, conveyors and shroud covers could be installed to limit noise impacts. A minimal noise plan is required. A dust abatement plan is also required. The plan should include control measures such as, application of water, revegetation, conveyors, reducing vehicle speeds, compaction of road surfaces, berms and covering or watering loaded haul trucks. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. • • • 2. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 3. The applicant shall submit a noise control plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 4. The applicant shall provide a detailed design and operation plan for any truck washout area. The washing area shall be designed and constructed to capture all effluent and prevent any discharges in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. 5. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 6. The applicant shall submit evidence of a Colorado Discharge Permit System from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. 7. 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. 8. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. 9. The applicant shall submit evidence to Environmental Health Services, Weld County Department of Public Health & Environment Department as well as the Department of Planning Services, from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. 2 • 10. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. 11.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 requirements be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy: 1. An individual sewage disposal system is required for the proposed office/scale house, the sand and gravel processing plant and the ready mixed concrete plant and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. In the event the applicant intends to utilize the existing septic system, 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. 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. 3 • • • 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 operate in accordance with the approved "noise control plan", at all times. 6. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 7. Any truck washing area 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. 8. 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. 9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. 10.Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility. 11. 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. 12. 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. 13. Bottled water shall be provided to employees at the temporary locations of the working face at all times. 4 • • • 14.A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 15. If applicable, the water system shall comply with the requirements for a community water system as defined in the Primary Drinking Water Regulations (5 CCR 1003-1). 16.The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 17.AII potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 18.1f applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 19.The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 20.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 5 WWd/is� COLORADO Weld County Referral Weld County Planning Departtttent GREELEY OFFICE DEC D 3 7flnA RECEIVED November 25, 2008 Cbor Vonn $ 20U- raimescori, The Weld County Department of Planning Services has received the following item for review: Applicant Ready Mixed Concrete Case Number USR-1682 Company Please Reply By December 26, 2008 Planner Kim Ogle Project A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District. Legal Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, Ti N, R67W; together with a Non -Exclusive easement and right-of-way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. Parcel Number 1469 12 100044 & 1469 01 400090 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. Cl 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: lhoLi-con CD Vas I Av-+ O- Ftren;+ "'( '-"is CO:25S WO- V 4L t10T ssuisid a NJa-I;cz to Proccoc' e icz/v,+ rv-us+ prov'at acc2p4ahle- cash LA-df'm-) plus be -F) r-- w ' 1l PPS Signature s - f Date 12/1 /0X Agency l?i-CD oT ANC GQ SS ,Weld County Planning Dept. ❖918 10" Street, Greeley, CO. 80631 •(970) 353-6100 ext.3540 +(970) 304-6498 fax • DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Mr. Kim Ogle Weld County Planning Department 918 101h Street Greeley, Co 80631 Re: December 1, 2008 Weld County Planning Department GREELEY OFFICE DEC 047(If)R RECEIVED Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Ready Mixed Concrete Company -Site Specific Development Plan and a Special Review Permit for Mineral Resources Development facilities including a Concrete, Recycled Concrete and Gravel Mining in A (Agricultural) Zone District Case No. USR-1682 SE1/4 Sec. 1 and NE1/4 Sec 12, TIN, R67W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Ogle: We have reviewed the above referenced proposal for a mineral resource development facility including open pit gravel mining and materials processing. Since the submitted material does not appear to qualify as a "subdivision" as defined in §30-28-101(10)(a), C.R.S., 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 development or the ability of the water supply plan to satisfy any County regulations or requirements. The applicant indicated that the mine operation will be conducted in phases as a dry pit by dewatering the active area with dewatering trenches. A slurry wall will be constructed around the perimeter of the mining area. It is estimated that 1,000,000 to 2,000,000 tons will be mined on average per year. Pursuant to §37-90-137(11), C.R.S., exposed ground water due to gravel mining operations is considered to be a well and a well permit must be obtained prior to the exposure or use of ground water. Since this proposed gravel pit "well" appropriates water tributary to the over - appropriated South Platte River basin, an approved temporary substitute water supply plan (SWSP) or a Division 1 Water Court approved plan for augmentation that includes depletions associated with all uses of ground water, including evaporation, would be required before a well permit could be issued. In addition, according to the submitted information, potable water will be supplied by an existing commercial exempt well however, no permit number was identified. According to our records the commercial exempt permit located on the property was identified as permit no. 279050. Well permit no. 279050 was issued on October 23, 2008 for drinking and sanitary purposes only in an individual commercial business. The permit allows an average annual withdrawal of 1/3 acre-feet (108,600 gallons) per year at a pumping rate of 15 gallons per minute. According to Item 8f of USR Questionnaire in the referral material the sand and gravel washing and processing, dust control and ready mixed concrete production shown on the plan will be maintained by the same private well on the property as used for potable water. Outside uses, including sand and gravel washing and • processing, dust control and ready mixed concrete production, are not allowed under the terms and Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us • Weld County Planning Department Ready Mixed Concrete USR-1682 December 1, 2008 Page 2 conditions of the current well permit. Therefore, well no. 279050 cannot be used for sand and gravel washing and processing, dust control and ready mixed concrete production until such time as the well owner obtains a court approved augmentation plan or substitute water supply plan for the well and the well is re -permitted for those uses. The well can be used strictly for drinking and sanitary purposes at the site as long as the annual withdrawal and pumping rate specified on the permit are not exceeded. Furthermore, as indicated in the submittal materials, reclamation plans for the site call for a lined water storage reservoir. However, should reclamation plans alter and ground water remain exposed in unlined ponds, then as indicated above, a Division 1 Water Court approved plan for augmentation that includes depletions associated with all uses of ground water, including long term evaporation, would be required. If you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, a Williams, P.E. r Resource Engineer Cc: Jim Hall, Division Engineer Scott Edgar, Water Commissioner, Water District 2 • JMW/IDC/Ready Mixed Concrete Special Use (Weld) • Weld County Planning Department GREELEY OFFICE • • DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT EC E I V E DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVA R LITTLETON, COLORADO 80128-6901 DEC 08 wins December 3, 2008 Ms. Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Ready Mixed Concrete Company, Morton Lakes, Gravel Mining Activity, Case Number USR-1682 Corps File No. NWO-2008-3005-DEN Dear Ms. Ogle: Reference is made to the above -mentioned project located in the SE '/ of Section 1 and the NE '/ of Section 12, TIN, R67W, Weld County, Colorado. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated 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 and 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 303-979-4120 and reference Corps File No. NWO-2008-3005-DEN. tm Sincerely, Timoth Chief, €l OFFICE ¢ARCHAEOLOGY and HISTORIC PRESERVATION 3 December 2008 Kim Ogle Department of Planning Services Weld County Planning Department 918 10th Street Greeley, CO 80631 Weld County Planning Department GREELEY OFFICE lr.r, 102008 RECEIVED RE: Ready Mixed Concrete Company, Mineral Resource Development, Fort Lupton vicinity, Weld County (Case #USR-1682) (CHS #53763) Dear Ms. Ogle: Thank you for your recent correspondence received 28 November 2008, concerning the potential development of a concrete, recycled concrete, and gravel mining operation on Agriculturally - zoned land in Weld County. Our office has reviewed the submitted materials. This area has not been intensively surveyed for cultural resources. Although there are no historic structures or buildings within the Area of Potential Effect, there may be buried historic and/or prehistoric cultural resources at the site. We recommend that the development site be surveyed by an archaeologist to determine whether any archaeological resources are located within the project site. If you have any questions, please contact Joseph Saldibar, Architectural Services Manager, at (303) 866-3741. Sincerely ward C. Nichols State Historic Preservation Officer, and President, Colorado Historical Society OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 303-866-3392 * Fax 303-866-2711* E-mail: oahp@chs.state.co.us* Internet: www.coloradohistory-oahp.org -1- COLORADO HISTORICAL SOCIET 1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 FAX 303/866-2711 wwwcoloradohistory-oahp.oi 2008-12-16 13:28 • 970 304 6498 P 1/2 / °•e• WISE i WIL➢IdirE SERVICE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE ECOLOGICAL SERVICES COLORADO FIELD OFFICE P.O. BOX 25486, DFC (MS654I2) DENVER, COLORADO 80225.0486 PHONE: 303.236-4773 FAX: 303-236-4005 SEND TOE PHONE:. FROM: (CM -W, ( FAX: 970 -F • PAGES I DINvan SHEET) SUBJECT: mod, COMMENTS: LadrifA MAILING ADDRESS: 134 UNION BLVD., STE, 670 LAKEWOOD, CO 80228 2008-12-16 13:28 970 304 6498 P 2 , rRE Ei tD DEC Z 2006 • • • Weld County Referral USnW►1.. . ovember CONCUR NO Er'WC'T ip,CONCUR NOT Uit2t.Y TO ADVERSELY AF'P'BCT ZNO COMMENT COLORADO�`c� DEC 5 zoos USart t ithi4 xv' melt The Weld County Department of Planning Services has ileeeirieriiiessfeliesiaggiaaternfastemowoossom Applicant Ready Mixed Concrete Case Number USR-1682 Company Please Reply By December 26, 2008 Planner Kim Ogle Project A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District. Legal Location Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, T1 N, R67W; together with a Non -Exclusive easement and right-of-way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of Section 1, T1 N, R67W of the 6th P.M., Weld County, Colorado. Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. Parcel Number 1469 12 100044 & 1469 01 400090 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 . - ed in writing of the Planning Commission date once the date is determined. O 'e 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 leetter. / Comments. 'Ak 604f rC Airs t (3YA[LI a_ch `h d f t? h .mco.c Gain-rt wit eta atyra�--. Signature Agency Date °Weld County Planning Dept. 391810, Street, Greeley, CO. 80631 O(970) 353-0100 ext.3540 9(970) 3044498 fax • • • STATE OF COLORADO Bill Ritter, Jr., Governor ,IAN 0 5 7809 DEPARTMENT OF NATURAL RESOURCES Weld County Planning Department GREELEY OFFICE DIVISION OF WILDLIFE RECEIVED AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us December 17, 2008 Mr. Kim Ogle Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Ready Mix Concrete Company Mineral Resource Development (Morton Lakes USR-1682) OF For Wildlife - For People Dear Mr. Ogle: The Colorado Division of Wildlife (CDOW) appreciates the opportunity to provide comments on the above referenced project. District Wildlife Manager (DWM) Chris Mettenbrink visited the site, reviewed the proposal, and prepared comments on behalf of CDOW. This sand and gravel mine will be mined in conjunction with the Holton Lakes sand and gravel project (USR-1608) which is also owned by Ready Mixed Concrete Company. Mettenbrink met with Mike Hart of Hart Environmental on April 12'h, 2007 to discuss the potential impacts of the Holton project to wildlife and CDOW submitted comments to the Weld County Planning Department in a letter dated April 14'h, 2007. Comments in that letter apply to this project as well. The project site lies in the South Platte River valley and consists of low elevation riparian habitat of high value to wildlife. Much of the project area consists of grassland pasture and agricultural fields. Big Dry Creek runs through the property and provides valuable cottonwood and willow stands along the creek. Wildlife that may be expected on site includes deer, turkey, hawks, eagles, waterfowl, and variety of small mammals and song birds. If this project is implemented loss of habitat quality and fragmentation of the riparian system in the South Platte River valley may occur. Riparian habitats provide proper conditions for a number of obligate and facultative wetland plant species, such as cottonwood and willows, which are essential for many wildlife species including bald eagles and other raptors. Bald eagles are currently listed as a threatened species in Colorado, and are also protected by federal law. There are two known nests within a few miles of the project site. Seasonally bald eagles concentrate in high numbers along the South Platte River corridor and rely on mature cottonwood trees in the river valley for winter night roosting and perching for hunting. In an effort to minimize loss of bald eagles and other raptors CDOW has compiled recommended buffer zones and seasonal restrictions from raptor nests and roost sites, which may be found at: Rp://wildnet/documentslWL%20Conservation/Ra0tors/CDOW%20Ratator% 20Buffer%20Guidelines%2002 2008.Ddf. It is our hope that by following these guidelines the pit operator can avoid unintentionally destroying raptor nests and roost sites essential to the well-being of these species. To reduce adverse impact of the mining operation on riparian habitat along Big Dry Creek, a 150 foot setback from mining is recommended, perpendicular to and on both sides of the creek. This will help preserve willow stands, cottonwoods, and other riparian vegetation essential to wildlife, and critical for bank stabilization and preservation/enhancement of water quality along the creek. Additionally, replace mature cottonwood trees removed during mining on a one-to-one basis during the reclamation process. DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary • • During the site visit, DWM Mettenbrink observed a prairie dog town on adjacent property to the west. Because of snow cover and limited access to the parcel, no prairie dogs were observed on the project site at the time of the visit. Because prairie dogs often migrate to new areas with the onset of development, survey the property for prairie dogs. Euthanize or relocate any prairie dogs found on the project site before construction begins. Relocation does require a permit from DOW. If construction begins between March 15 and October 31', survey prairie dog towns found on or immediately adjacent to the property for occupancy by burrowing owls, a state listed threatened species. If burrowing owls are found steps, take steps to ensure that nesting burrowing owls are not disturbed. Guidelines for conducting surveys and buffering for nesting burrowing owls may be found at: Riparian areas along the river and Big Dry Creek provide an essential movement/use corridor for deer, turkey coyote and other wildlife. It is proposed that mining product will be transported by conveyer belt from the Holton Lakes mine and the Morton Lakes mine to the processing plant on the western side of Morton property. Improperly designed conveyors on this site may restrict movement of wildlife along their traditional routes forcing wildlife to use alternative sites and potentially increasing opportunity for wildlife -vehicle strikes along Highways 52 and 85. To avoid this safety issue for people and wildlife, raise conveyers in these areas to a height that allows continued unimpeded movement of wildlife along these known movement corridors. Fencing that is required around the conveyors should be designed to minimize conflict for wildlife. The project proposal's mining and operation standards state that the property will be fenced with 3 strand barbed wire to keep livestock and trespassers off of the property. Poorly designed fencing can be dangerous and even fatal to deer and other wildlife. Consequently, fencing which allows for free passage of wildlife is recommended, whether, within or around development sites on this parcel and either during or after the project.. We applaud the selection of three strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches, along with the installation of double stays between the posts as the design best suited for protecting wildlife. This design allows young deer to pass under, as well as mature deer crossing over the top. For additional fencing options that are wildlife friendly, please refer to: littp://o ildlife.state.co.us/NR/rdonlyces/B0D65D61- 6CH0-4746-94F I -GEE 194E I C230/0/tcncinu.pdf The project's mining and operation standards state that weeds and other noxious plants shall be cut or trimmed as necessary to preserve appearance and prevent spread of invasive species to adjacent properties. The applicant/developer may want to contact Weld County's weed specialist to plan and implement an effective weed management plan during the mining operation and for 5 years post mining. Trimming and cutting weeds without implementing other strategies may not be an effective way to control some invasive species. Incorporating strategies that decrease opportunity for establishment and proliferation of invasive weeds can reduce the adverse impact on habitat, wildlife and long-term costs of managing the property. Weed seeds may be carried on muddy machinery being transported from one site to another. To decrease opportunity for spread of weeds, clean machinery used in the construction or mining of this parcel before delivery to the property and again before the equipment is removed. During active mining, clean equipment periodically to remove weed seeds. Prompt reclamation, including reseeding once mining is completed, will decrease erosion and the chance of invasion by noxious weeds. Finally, the developer may want to consult with the US Fish and Wildlife Service regarding the status of preble's jumping mouse (Zapus hudsonius prebleD, along the South Platte River, including the advisability of conducting surveys for these species prior to onset of mining. These species are listed on federal and/or state threatened and endangered species list, and may conceivably occur along this stretch of the river. Thank you again for the opportunity to review and comment on this proposal. If you have any questions, please feel free to contact Chris Mettenbrink at (303) 472-4405. Sincerel IMF - Area Wildlife Manager Cc: S. Yamashita, K. Green, L. Rogstad, C. Mettenbrink, file Kerr-McGee Oil & Gas Onshore LP A Subsidiary of flnadarlp 2 • • • Petroleum Corporation December 16, 2008 VIA FACSIMILE AND D.S. MAIL Weld County Planning Department Mr. Kim Ogle, Planner 918 10`h Street Greeley, Colorado 80631 Re: Morton Lakes LLC — USR 1682 Ready Mixed Concrete Company — Applicant Township 1 North, Range 67 West, 6th P.M. Section 1: SE/4 Section 12: NE/4 Weld County, Colorado Dear Mr. Ogle: Weld County Planning Department GREELEY OFFICE fFC 772nnq RECEIVED This letter is being sent by Anadarko Petroleum Corporation on behalf of its subsidiary Kerr-McGee Oil & Gas Onshore LP ("KMG") to inform you that KMG holds valid and subsisting oil and gas lease rights in the captioned property. KMG's rights may be adversely affected by the Site Specific Development Plan and Special Review Permit for Mineral Resource Development facilities being proposed by Ready Mixed Concrete Company ("RMCC"). KMG is submitting this comment and objection timely, in accordance with State of Colorado and Weld County's procedural requirements. KMG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the leased lands. The company has the right to produce from existing wells, to maintain. rework, recomplete, and fracture those existing wells to enhance production. and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant value, and the company is consequently concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other action by the County that would impair or preclude its ability to develop its property. KMG's preferred practice is to meet with surface owners and attempt to conclude a mutually acceptable surface use agreement. It is essential that such an agreement be in place before the County approves the developer's application. However, as of this date, KMG and RMCC have not concluded such an agreement. KMG must object to any approval by the County for RMCC's plans that fail to fully accommodate KMG's right to explore for, develop and produce oil and gas from its leasehold interests. KMG requests that the County withhold final plat approval until such time as the surface owner and KMG have concluded a surface use agreement. Any future surface development plans should incorporate and designate lands to be Weld County Planning Department December 16, 2008 Page 2 • • • set aside for mineral development and expressly provide protection for KMG's current and future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Weld County has a constitutional obligation to ensure that the property rights of mineral interest owners are accommodated in its land use planning process. Approval of any surface development plan that forecloses the rights of mineral owners may be a compensable taking. Please contact me at 720-929-6291 if you have any questions or comments about this matter. KMG hopes to conclude a mutually acceptable surface use agreement with the surface owner of the property and looks forward to working with the County to accomplish its land use planning goals. Sincerely, KERR-MCGEE OIL & GAS ONSHORE LP hn F. Butera Senior Landman cc: Ready Mixed Concrete Company —Applicant (by U.S. Mail) Matthew T. Miller — Kerr-McGee Oil & Gas Onshore LP Peder C. Dokken — Kerr-McGee Gathering LLC • • • ?a:rig 11111k. COLORADO • • Weld County Referral November 25, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Ready Mixed Concrete Case Number USR-1682 Company Please Reply By December 26, 2008 Planner Kim Ogle Project A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District. Legal Location Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, T1 N, R67W; together with a Non -Exclusive easement and right-of-way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of Section 1, T1 N, R67W of the 6th P.M., Weld County, Colorado. Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. Parcel Number 1469 12 100044 & 1469 01 400090 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 ❑zWe have reviewed the request and find no conflicts with our interests. yr See attached letter. Comments: Signature Agency Date 'ACP +Weld County Planning Dept '4918 10t Street, Greeley, CO. 80631 4(970) 353-6100 ext.3540 ❖(970) 304-6498 fax • • • City of Fort Lupton Planning and Building Department Performance, Integrity, Teamwork, Accountability and Service Tom Parko, Planning Diregd County Planning Department 130 S. McKinley Avenue GREELEY OFFICE Fort Lupton, Colorado 80621 nit 29 ?nom REa E VED December 22, 2008 Weld County Planning Department Attn: Kim Ogle 918 10th Street Greeley, Colorado 80631 (303) 857-6694 x 125 Fax (303) 857-0351 Email: tparko@fortlupton.org http://wvAcfortlupton.org Dear Mr. Ogle: Thank you for the opportunity to comment on County Referral Case Number USR — 1682 regarding Morton Lakes. The applicant and its representative recently attended a Planning Commission meeting on December 9, 2008 to discuss the details concerning the application. The Planning Commission and the applicant had some discussions during this meeting that necessitate review and comment by City Council. At this time the City would like to request a formal extension to January 16, 2009 to respond to this case. If have : y questions please feel free to call or email me. Tom arko Planning Director City of Fort Lupton • • Performance, Integrity, Teamwork, Accountability and Service City of Fort Lupton Planning and Building Department Tom Parko, Planning Director 130 S. McKinley Avenue Fort Lupton, Colorado 80621 January 15, 2009 Weld County Planning Services Attn: Kim Ogle 918 10th Street Greeley, Colorado 80631 (303) 857-6694 x 125 Fax (303) 857-0351 Email: tparko@fortlupton.org http://www.fortlupton.org Dear Mr. Ogle: Thank you for extending the time to reply to Case No. USR-1682 (Morton Lakes). Fort Lupton City Council reviewed the case on January 14, 2009 and acknowledges that Morton Lakes complies with our 2007 Comprehensive Plans. However, City Council wanted to convey that gravel mining conflict's with our interests with respect to control over operations. The City supports property rights and mineral interests in this area but believe local control is the best way to effectively manage its impacts. The City has been in discussions with the owner of Morton Lakes to discuss a pre -annexation agreement. The agreement, although not binding, suggests that the owner will do its best to annex the property following mining operations. The pre - annexation agreement is the best solution at this time considering the circumstances and although the property will remain in the County annexation to the City following gravel operations will fulfill long-term planning goals of the City. Again, that •u for allowing the City additional time to comment on this case and if you have - y questi• s please do not hesitate to contact me. Si om gar o, C Planning Director City of Fort Lupton • • a:rig VIOc COLORADO WelXZeldnCounty Referral GREELEY OFFICE nit 3 17nnn RECEIVED November 25, 20O8 The Weld County Department of Planning Services has received the following item for review: Applicant Ready Mixed Concrete Case Number USR-1682 Company Please Reply By December 26, 2008 Planner Kim Ogle Project A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development facilities including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District. Legal Location Lot B, RE -1525 being part of the SE4 of Section 1 and the NE4 of Section 12, Ti N, R67W; together with a Non -Exclusive easement and right-of-way for ingress and egress purposes as granted at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado. Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. Parcel Number 1469 12 100044 & 1469 01 400090 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 U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: %IC- 12'W.\1&- &oAkiUhiiv I -COQ kolp1 1S 111 k2� 1 t4 ).f &Gin ,-tl)Tlo Kls 1/i/ kPP L1 Ckt if 1.O y�S1e46uSl), Signature Agency y>JP44 N 4€tt o 'u Lot Date \ral),,,0t ❖Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 •(970) 353-6100 ext.3540 4(970) 304-6498 fax Hello