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Home My WebLink About20083108.tiff COUNTY COMMISSIONER'S SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS December 7, 2008. 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST i EN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1671 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign ,774);(3 1_,Jt..at___‘,, ignature of Person Posting Sign STATE OF COLORADO ) • ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this I' lday of M6\614:04✓ , 2008. WITNESS my hand and official seal. '. kliti*r Klitary Public ;a'••., .. t I My Commission Expires: My Commission Expires 10.14-2011 EXHIBIT • 2008-3108 1 r use #i471 '1 ^i i rw u ..ii''...":•t, _Lr ;?..1'41"4":;'R. ! :', ,y*I- ihf 40$1yp, r x �� t. ,ara . ira1 • J•••i :. F • • 't r 4,'' tr - `'° k. r; - • 4 ...F.' 'r:-• 81,4,-ed ''S. r - ' ?s''* ,A.c• - ,if, / ' �, •• •.•ii5-'k"`• -''j . 4 .4 . '1,--'-',.'"• . a• , x 4 }+ {a 1.�7,, �_JY`�1 - 1 -�'Z 0r `W6i y t,. ay: yr. ( , I.a �, t : :r. .` ;II �. s i ..i0 ♦•c tv, it .} ie.' } -�L % `- y t.•:=7 ; • sp a , t^lit _� • i, ' 7"! .� `r L i_ ,...• YY'33 r � Sta^$ .. lr,,..' d y' i h. r. 3 f ' 7t 1 tr .a '; '' P •eY 't `5 kt 'y. : I_: 'ice n• i ( �Q`� • j t { Syy t r i. O a�: 1 I t �... n 1 1 . ey �� rri M .\ . _.: \, ••• • ` Rtg' Qcz, M: iii: s;: �.�,� .,,. a,' C•3 144 cc. •tt. . . Tx: s 1 I ,'.4.� t, .�`• y1." Z `�+ d ot.!µ r,. ., CAD 1,.. Vi MUM ... , Yom. r,: rir�r:•?..ei,if....: Awimi r,. r eb.4 *::..-- , '..‘ -.- '>• ,a) ',-,,,:i' CZ 7, it_,..: _ ti _ r ' . i ≤ x:.. 4"`.. ,� is l • • 0.;;',.1,i-::..--:-. jj pj{ `t IZ C41 sl. t 1 \‘' c\..?.‘ c4..:= z et ..,.:.„.... .. • .‘‘.‘ ....._..) \....x .....!,‘ ••„ ...,.•.,. ..... I.,. .. i. 7 s ,,,,....... ,........... _.,_... ci 0 zko-, ••.. cam). . . law. i i ..,, _,....a. 1 , • .:..a..e ‘ , ,1.1 i q\ •a t/� • u „,„ .......„ _ , O . — ,. ,„.." ".::. z ,,..„,,,,,.. ..,, ..„, .....„,,. , A :,.. • _ ' , _ ...... , f '1. 4 yell_ c i' s .t !�' 1 'fit •''.'',• fir^,i �t } �:13' t 1 - �• •'r'� •. L J�l!l.. ' ,,70,-;,\4„;,...;••(-,- :.,",),44,.., .4;1. .•:1 ' '.,,1;" 1.1,„„..- ,.1 _' ' ,...:....• ....,,' • ; t . ":r•.*:.:.'-' "(. •,14 �„I r. Y t w:74'.;'„A„ ''• f - t t'1•- ,.Y R.. .. , • .` "y',� 'X'''`4:1•1.4---•'' • i . . ``,..� • /' f(..•-•4-••4 }•4,,,,-...:47a,:.-.1„...4„,t;.. Ali .4 r l.> ' , _ �, ., 4C • • i.• 2,4-1-.$,} lY x. ' i � .,' ,r��, �` '`s.' �y.,r►,,.,r..�v' 1. i :il' -, ... --. 3 .1L- s .s . ma ., '' f '.d" ' i •I i' of /.}.. d "/; <.r ' \x'•-••••• � „.- i .} i`. Applegate Group, inc. December 7,2008 Chris Gathman Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Dear Chris: The following letter addresses the comments from staff regarding the Sheep Draw mining application. I arranged the responses to correspond to the resolution that was presented to the County Board. It is hoped that these comments satisfy the needs of Weld County Planning, however in the event that questions remain or the replies are not satisfactory, please contact me as soon as possible so that I may rectify any discrepancies or outstanding issues. Thank you. Comment 2D(page 2). • • A noise study was completed by an outside contractor. Noise impacts from the operation were not found to be significant; however recommendations in the study for reducing any impact will be followed. A short noise mitigation plan, drawing from these recommendations has also been submitted to Weld County. • the Sheep Draw trail is located outside of the mining permit boundary and will not be impacted by the project. • It is not anticipated to store fuel on site. If this changes, the Union Colony Fire and Rescue Authority will be consulted. • The proposed slurry wall is located a minimum of 25 feet from the edge of the sanitary sewer easement. This is illustrated in the drawings. Comment 1.A (page 3) • Weld County is in negotiations with Noble Energy regarding drilling.windows. The agreement has been dialled and is currently being reviewed by both parties. The agreement with Noble Energy will be submitted to Weld County once it is complete. Comment l.B (page 3) • See responses to comment 2D above. • A letter addressing these comments was sent to the City of'Greeley Planning Department. A copy of this letter is attached. • Comment 1.C (page 3) EXHIBIT 1499 West 120th Avenue, Suite 200 r (303) 452.6611 • Fax(303) 452.2759 Denver, Colorado 80234.2759 www.applegategroup.com (L -*1(07I Chris Gathman Re:Sheep Draw Comment Response December 8 2008 Page2of4 • The County had some concerns regarding landscaping specifications. The first comment requested berms for the screening of the facility. o The facility is located in a floodplain and therefore the creation of berms is against FEMA regulations. The gravel mine is also a temporary use. The lake as the final use should be a visual amenity and should not require screening. • The County also requested to know the proposed seed mix. The following seed mix is the one submitted in the application materials and is taken from a copy of Weld County's seed mix .guidelines. If the County recommends a different seed mix, we will use that recommended mix. Weld County seed mix guidelines recommends seed mixes dependent upon vegetative classification of the site. The reclamation plan includes re-vegetating with appropriate seed mixes to minimize erosion and reestablish natural terrain. The grass mixture below was selected to be long lasting and regenerating. The ground will be fine graded prior to seeding and fertilizers will be applied according to recommendations from the Soil Conservation Services. Reservoir side slopes below the anticipated reservoir water level will not be seeded. Based on the soils in the area,the following seed mixture is recommended: Area Cover Application Rate* Grass Seed (%) (#PLS/acre) Vaughn Side Oats Grama 30% 1.35#PLS/ac • Grenville Switchgrass 20% 0.5#PLS/ac Lovington Blue Grama 20% 0.3#PLS/ac Barton Western Wheatgrass 30% 2.4#PLS/ac Application rate is for drilling the seed. If seed is to be broadcast,the application rate will be doubled. The grass seed will be planted with a drill equipped with depth bands and press wheels. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. In the referral from Weld County Planning it was alluded to that the final use would be a wildlife area. It is anticipated that wildlife will utilize the area once it is reclaimed however the final permitted use is lined water storage. The reservoir is designed for water storage and the DRMS permitted the end use for a lined water reservoir not wildlife habitat. Terraced slopes greatly reduce the storage capacity of the reservoir which decreases its value for water storage.The reservoir boundary is not symmetrical,allowing for less of the square look in the • aesthetic value of the reservoir. The Division of Wildlife did not have any comments Chris Guthman Re:Sheep Draw Continent Response December 8 2008 Page3of4 • regarding the project. The DBMS also did not have:any comments regarding the outline of the projects due to the fact that the proposed end use is water storage. As a result, wildlife use of the reclaimed water storage area is not anticipated to be significantly increased by implementing special adaptations to the design. Comment 1:D • Signage will comply with applicable Weld County codes. Comment 1.E • An 80 foot setback is shown on the plans for 59th Ave. This also applies to the reservation for expansion of 59th Ave. Comment 1.F • A Stormwater Discharge Permit will be applied for prior to commencement of mining. Comment LG Weld County Public Works comments are addressed below. 1. The ROW and setback for 59th Street is 80 feet. This is reflected on the drawings. 2—8 Noted. No response necessary 9. The County already has permission from Noble energy to utilize its access road. 10, The applicant acknowledges the comments and will comply with all applicable stormwater standards. 11 No response necessary. • 12. The County will contact Amy Burry with Weld County if work is to occur in the ROW. Comment 1.H • Access improvements will be made. Since this is a County project, the applicant was not sure if the discussion regarding collateral was valid. Comment l.I • A Substitute Water Supply Plan (SWSP) and a welt permit will be obtained before mining occurs. Evidence of approval will be submitted in writing to the Department of Planning Services. Comment I J • The County owns the lateral that is connected with the Greely number 3 headgate; however, the Greely number 3 owns the headgate and has the right to use the lateral. The GIC is aware of the proposed project and an agreement regarding the relocation of the ditch will be reached if and before mining in Phase II occurs. Comment l.K • A Storm Water Discharge Permit (SWDP) will be obtained before the start of mining. A copy of the permit application will be submitted to the Environmental Health Services, Weld County Department of Public Health&Environment. Comment 11 and M • It is not expected that any chemical waste will be generated or handled on site. Chris Gathman Re:Sheep Draw Comment Response December$2008 - Page 4 of 4 • Comment 1.N • A dust abatement plan has been submitted to the Department of Planning Services. Comment 1,O • A noise study was completed which found that noise impacts would be minimal to residences located more than 600 feet from the property, however, it recommended placing barriers between the operation and local residences to further mitigate any impacts. Placing the operating equipment in the bottom of the pit functions as that barrier. • A noise control plan has been submitted to the Department of Planning Services. Comment 1.P • It is not believed that a permanent water source will be required at this site. A wavier from this requirement will be requested from the.County Board of Commissioners. Comment I:Q • The site will not contain any aboveground storage tanks. Comment 1.R • The plat will be updated to include all applicable comments. Comment 2 • A temporary employee trailer will be placed on site during times of production. A sewage system will not be required. A wavier form this requirement will be requested from the County Board of Commissioners, Comment 3 • A SWDP will be obtained a minimum of one month before the start of mining. Comment 4 • Plans for the employee trailer will be submitted to the Union Colony Fire Authority. • ' SWSP will be in place before training occurs. Comment 5 • The County will obtain an APEN before mining begins. If you have question or need additional information,please contact me at 303-452-6611. Sincerely, APPI to Groups nc. Je er ater esource Engineer JJLha Attachment cc: AG File No.07-144 • N:O7144 Sheep DnwDRMS\submitmMdequacyRevtew1Respposes to PC.don rail Applegate December 7,2008 Brandon Gossard City of Greeley,Planning Department 1100 10`h Street Greely, CO 80631 Dear Mr. Gossard: The following letter addresses the comments from The City of Greely planning staff regarding the Sheep Draw mining application. I arranged the responses to correspond to the comments dated 9/19/2008, It is hoped that these responses satisfactorily address the comments;However in the event that questions remain or the replies are not satisfactory,please contact me as soon as possible, so that I may rectify any discrepancies or outstanding issues. Thank you. Page 1 • Noted. All regulations will be followed to ensure as little disruption the area as possible. • A noise study was completed by an outside contractor: Noise impacts from the operation • were not found to be significant; however recommendations in the study for reducing any impact will be followed. These include placing the equipment in the bottom of the pit, which then acts a noise barrier for the operation. • The Sheep Draw trail is located outside of the mining permit boundary and will not be impacted by the project. Page 2 • It is not anticipated to store fuel on site, If this changes,the Union Colony Fire and Rescue Authority will be consulted. • . The proposed slurry wall is located a minimum of 25 feet from the edge of the sanitary sewer easement This is illustrated in the drawings. Thank you for your time in reviewing the project. Please let me know if you have additional questions. Sincerely, A agate ti up, Inc. CI- ' Le ater Resource Engineer JJL/ta cc: AG File No.07-144 • N107144 Sheep Draw1DRMS‘SubmittahAdacpisay Review\Responseslo City of Greeley doer 1499 West 120th Avenue,Suite 200 - (303)452-6611 • Fax(303)452.2759 Denver, Colorado 80234.2759 www.applegategroup.corn 0 ( MEMORANDUM • C TO: Board of County Commissioners COLORADO FROM: Chris Gathman — Planner II SUBJECT: Recommended revisions to USR-1671 Department of Planning Services recommends the following revisions to staff comments: 1) Remove Condition of Approval 1.B. 2) Remove Condition of Approval 1.C. 3) Remove Condition 1.H and add the following as development standard Number il_47: "In the event that the property is sold by Weld County to an outside party, the ditymiego complete all proposed improvements including those regarding access improvements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior 4) Remove Condition n ad e follov� g § dgveto m p to r� Number 48: "Prior to mining Phase II, �att rt=e itf�t14t weJ � 3 itc'Fi'Company regarding the relocation of the headgate shall be submitt�Ei to the Department of Planning Services." • • EXHIBIT e �' ; 11111 Hello