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HomeMy WebLinkAbout20083100.tiff • DEPARTMENT OF PLANNING SERVICES 918 Tenth St Greeley CO 80631 Phone (970)353-6100 x3540 Fax (970)304-6498 USE BY SPECIAL REVIEW (MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: _ RECEIPT#/AMOUNT #_ /$_ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we),the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel _ (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description NE ,Section 33, Township 6_North, Range 66 West Flood Plain: X Zone District: Total Acreage:__ , Overlay District: Geological Hazard:__ _,Airport Overlay District:_ 2. Surface owner(s) of area of land described Name: Weld County Address: 1111 H Street Phone:_970-35_6-4000x3750 Name: Address: Phone: • 3. Owner(s) of mineral rights or substance to be mined Name: Weld County Address: 1111 H Stree Phone: 970-356.7_4000x3750 Name: Address: Phone: 4. Applicant's name: David Bauer Email Address_Jyuer@ro weld on „s Address: 1111 H St. PO Box 75WGreeley, CO 80632 Phone: 970-356-4000x3750 5. Identify any prior permits for mining held by applicant or affiliated person: DBMS application under review_ I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the bestof my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included in¢ica$ing that he signatory has to legal authority to sign for the corporation. pE � �o? Signature: wner or Autho ized Agent at Signature: Owner or Authorized Agent Date • EXHIBIT 15 Z 2008-3100 Weld County Special Use Mining Operation Submittal • Questionnaire Applicant: Weld County Parcel Number:080533000088 Project: Sheep Draw aggregate mining plan August 4, 2008 Contact:Jennifer Lee, Applegate Group; 303 452-6611 or Jenniferlee@applegategroup.com 1. Description of the Mining Method Weld County proposes to mine approximately 95.5 acres at the Sheep Draw site located in Section 33,Township 6 North, Range 66 West, Sixth P.M. in Weld County Colorado. The site lies west of 59`h Avenue and is bound on the south by the Greeley number 3 ditch and extends slightly across the Cache la Poudre River to the north. Access to the site is provided from 59th Avenue. Truck traffic is anticipated to enter from and exit to the north. It is not anticipated that truck traffic will cross the 59th Street bridge to the south over the Greeley number 3 ditch. Sand and gravel will be the primary product produced from the Sheep Draw site. The principal intended use for the sand and gravel is for County projects such as road construction, road maintenance, stormwater facility maintenance, and bridge maintenance. Borehole drilling and testing has verified that the Sheep Draw property contains a significant commercial deposit of sand and gravel. The depth of the soil and overburden ranges from less than one foot to eight feet. The depths of the aggregate material range from three feet to 17 feet. Bedrock is encountered between 12 and 17 feet. • The permit boundary will encompass approximately 109 acres with approximately 95.5 acres being mined. The remaining area will consist of setbacks, roads and utility right-of-ways. Setbacks from adjacent roads, adjacent structures, and the Cache la Poudre River will be observed as mining occurs. See the attached Extraction Plan Map, for information on the setbacks and their locations. Items owned by the Applicant located within the proposed permit boundary such as roads,fences, and water wells may be removed during the mining process. Mine Phasing Weld County anticipates mining and reclaiming the Sheep Draw site in approximately 10 to 15 years. Mining is intermittent and will occur on an as-needed basis depending on the County's needs. It is estimated that up to 150,000 tons will be mined on average per year. The County will work the site between the months of approximately July through March, depending upon the runoff for the particular year. Mining will occur during the summer months Monday through Thursday from 6 am to 4:30 pm. Mining through the winter months will occur Monday through Friday from 7 am to 3:30 pm. This schedule anticipates completion of mining and reclamation in 15 years. However, it is possible that due to fluctuation in mineral demands, mining will progress slower than anticipated and additional time could be required for mining and reclamation of the site. The average number of employees on site will be 5. When hauling of the material is occurring, the number could increase to as many as 20 personnel on site, if all the haul trucks and drivers • were on site at the same time. Since approximately 95.5 acres will eventually be mined on the site, the mining will occur in • three phases to limit the disturbance at any one time. The following is the approximate acreage and timing for each phase: Mining Mined Area Time Phase (acres) Years 1 64.3 5—7 2 21.4 3—5 3 9.8 2 -3 TOTAL 95.5 10-15 Phase 1 Phase one will occur west of the current location of the natural gas pipelines on the site. Mining will encompass approximately 64.3 acres. It is anticipated that mining of this area may take between five and seven years. Mining setbacks from the natural gas pipelines and other adjacent structures will be observed. Phase 2 Phase two will occur east of the pipelines to the setback from 59th Avenue. It is anticipated that mining of the 21.4 acres will take between three and five years. Mining setbacks from the pipelines and other adjacent structures will be observed. Phase 3 • Phase three assumes that the pipelines near the middle of the site will be relocated. This phase will mine through the area which currently contains the pipeline, its easement, and the mining setback. This phase has a minable area of 9.8 acres. It is anticipated to last between two and three years. Mining setbacks will be observed. Mining Methods The deposit will be dry mined, and a slurry wall will be constructed around the perimeter of the mining area. Design specifications for the slurry wall and quality control procedures used during construction will ensure that the reservoir meets State Engineer's Office (SEO) performance standards. The equipment and facilities may include, but are not limited to the following: Processing Equipment Screen, crusher, conveyors, and miscellaneous processing equipment. Earth Moving Equipment Dozers, loaders, scrapers, excavators, and compactors will be used for mining and earth moving operations. Miscellaneous An employee office/storage trailer and fueling station will be located on-site. Diesel fuel will be • stored in tanks on-site only during the times that the mine is actively worked. No fuel will be • • stored on-site during the months of the spring runoff. Dewatering pumps and generators,water • tanks and watering trucks will be used as needed. As mining progresses, topsoil and overburden will be stripped with scrapers to expose the aggregate product below. Top soil and overburden stockpiles will be located within the proposed mining cell and placed so that they do not impede potential floodwaters. Top soil stockpiles will be separated from overburden material and used in the reclamation of the site. During mining and reclamation,the mining face will be at a 3H:1V slope. The aggregate product material will be mined to bedrock. The aggregate material will be temporarily stockpiled near the crusher. It is anticipated that all material that is crushed will be hauled from the site and used before the initiation of annual spring runoff. Therefore, there should be no mine product stockpiles on-site between approximately April and June. Reclamation Water storage will be the primary final reclaimed use for the Sheep Draw site. Reclaiming mined gravel pits with lined water storage has been a standard and popular option along the front range for the past 10 to 15 years. The remaining area within the proposed permit boundary will consist of reservoir shoreline, unimproved access roads for maintenance and operation around the reservoir, and reclaimed or otherwise undisturbed land. The approximate acreage of each of these areas is: LFinal Land Use Area (acres) Reservoir 95.5 • Access Roads 2.7 (+/-) Reclaimed or Undisturbed Land 11.8(+/-) TOTAL 109.0 In general, mining will occur down to the claystone bedrock. The relatively impermeable bedrock will comprise the bottom of the reservoir. The reservoir will also be separated from the surrounding alluvial aquifer by a slurry wall designed by a registered professional engineer. The slurry wall will be keyed into the bedrock material and extend upward through the entire height of the alluvium. Design specifications and quality control procedures used during construction of the slurry wall will ensure that the reservoir meets State Engineer's Office (SEO) performance standards for permeability. The mining will occur at a 3H:1V, leaving all reservoir slopes at a minimum 3H:1V final grade. Final reclamation by capping with topsoil and re-vegetating above the expected reservoir water level will follow mining operations closely to minimize the amount of disturbance at any one time. Top Soiling The top six inches of soil on the property is classified as topsoil. This layer includes the root zone of grasses and crops, which will be stripped and stockpiled separately. By using concurrent reclamation techniques, the topsoil is not expected to remain in stockpiles for more than one to two years. If the stockpile remains more than one growing season, it will be seeded with a fast growing vegetative cover to prevent erosion. All topsoil will be retained on-site to reclaim the reservoir shoreline and other areas disturbed by mining activities. Where required, topsoil will • be replaced to a depth of approximately four to six inches. • • Revegetation • As mining operations are completed, areas for reclamation will be graded and shaped for re- vegetation. Runoff or excess water from adjacent areas will not be allowed to flow over slopes being graded and seeded. If needed, temporary berms or channels will be constructed to divert excess water and dispose of it in a safe and non-erosive manner. The reclamation plan includes re-vegetating with appropriate seed mixes as described in Weld County's Grass Seeding Recommendations to minimize erosion and reestablish natural terrain. The ground will be fine graded prior to seeding. Reservoir side slopes below the anticipated reservoir water level will not be seeded. 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. Technical advice was obtained from Applegate Group and is consistent with the State Guide to Specification Preparation for Slurry Walls and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit. 2. Consistency with the Weld County Comprehensive Plan: The Weld County Comprehensive Plan states in Section 22-5-50 in O.policy 1.2 to "encourage uses such as open space, agriculture, parks, recreation, gravel mining, and other related activities in floodplains, seep areas, wetlands, geological fault areas and other areas having • natural features of public interest." The Sheep Draw project is located in the 100-year floodplain of the Cache la Poudre River. The operation is a proposed sand and gravel mining operation. This is consistent with this policy. Once the mining is complete, the reclamation is proposed to be a water storage lake which also conforms with O.Goal 1. Further, Section 22-5- 70 states that"The County recognizes that mineral resource extraction is an essential industry." The following discusses how the proposed project meets the intention of the goals and policies of the Weld County Comprehensive Plan Section 22-5-80. CM.Goal 1 and policy 1.1 promote the conservation of lands containing mineral resources and encourages these lands to remain free from land use encumbrances which would impact the ability to extract the mineral resources from the lands. The County has owned the Sheep Draw property for more than eight years with the intent to mine the area. CM.Goal 2 and Policy 2.1 promote the reasonable and orderly development of mineral resources. The County is the applicant for this project. The County is a public entity and is therefore tasked with operating within the confines of the public good. The County will operate the pit with the health, safety and welfare of the public as a paramount interest. This includes following all proper permitting procedures. CM.Goal and policies 3 aim to decrease the impacts of surface mining activities on surrounding land uses and roadways. The area is predominantly still rural and the majority of the surrounding land uses are agricultural. The County had a transportation impact study • • • completed (attached) for the project and impacts to the roadways were determined to be • minimal. CM.Goal 4 and policies 4.1.1 — 4.1.8: The County wishes to minimize or eliminate any potentially adverse activities from the mining operation to surrounding properties. As stated in response to CM.Goal 2, the County is responsible for protecting public safety and welfare. The County proactively completed studies relating to traffic, dust, air quality and noise for this project. The operation was determined to not have any significant impacts to local air, noise, dust or transportation. Equipment and stockpiles will be located at the bottom of the pit as soon as mining allows, thus reducing the impact of the project. Placing equipment and stockpiles below grade also greatly reduces the visual impact to surrounding properties. CM.Goal and policy 5: Minimize potentially adverse environmental effects of a mining operation. Weld County has completed wetland mitigation for the project site and will operate the mine in a manner to reduce impacts to plant and wildlife. 3. The project is located in the first district in Weld County. There did not appear to be specifics that differed between the three districts in Weld County and the overall provisions of Weld County. If this statement is referring the district as in overlay district, the project is located within a floodplain overlay district. The development of a gravel mining operation in the floodplain is consistent with O.Policy 1.2. 4. This parcel has not been used for agricultural purposes for many years. Grazing has occurred intermittently on the property since Weld County purchased it. It is located in the floodplain of • the Poudre River resulting in a less desirable location for crop production. However, such a location lends itself as a prime site for sand and gravel resources. It appears from the USDA maps of prime agricultural land in Weld County that the Sheep Draw parcel is considered non- prime. 5. Weld County is the applicant in this USR. Weld County is a public agency and is tasked with protecting public safety and welfare. The County proactively hired outside sub-consultants to analyze the impacts to air quality and dust, traffic and noise that will result from the proposed mining operation. The reports indicate that there are no impacts that threaten the health, safety or welfare as a result of the project. All activities at the mining site are guided by the principles of the Mine Safety and Health Act (MSHA) and the Occupational Safety and Health Act (OSHA). Conformance with these requirements as well as those required by Weld County and the DRMS will ensure that the site is operated in the best interest of both employee and public safety and welfare. The application proposes setbacks and mitigation measures to assist in maintaining as little impact as possible to surrounding land owners from the operation. 6. Compatibility with surrounding land uses: The majority of the surrounding land uses are agricultural. Sand and Gravel operations are permitted within the Agricultural zone area if approved under the Use by Special Review Process. 7. The Sheep Draw site is predominantly shortgrass prairie habitat. Wildlife habitat on the site has been limited due to cattle grazing, human activities, lack of ground cover, and erosion. The site currently is not used for any specific activity. The County mows the site; however, it has not • been used for agriculture in several years. • • • 8. See corresponding answers below a. The site will only be accessed by Weld County employees or sub-consultants. During the mining process there will be 5 employees on site. When hauling of the material is also occurring, if all trucks are on on-site at the same time there could be as many as 20 people on-site at one time. b. Hours of operation during the summer months, Monday through Thursday will be from 6 am to 4:30 pm. Operation hours through the winter months will be Monday through Friday from 7 am to 3:30 pm. c. There will be no domesticated or farm animals on-site. d. It is estimated that 5 employees will access the site daily by vehicle. When material requires hauling from the site, 75-100 trips per day is estimated to occur from haul truck traffic. e. Fire protection will be provided by Union Colony Fire Rescue Authority. f. The property will not access water facilities. g. Port-o-letts will be provided, so sewage disposal facilities or extensions will not be required on this property. h. Storage or warehouse facilities are not proposed. i. Product stockpiles will only be on-site part of the year. Stockpiles will be located below grade in the bottom of the pit. All product will be hauled from the site before the spring runoff. Topsoil stockpiles may remain on-site for a year or two depending upon the reclamation process. The reclamation process will occur concurrently with mining and topsoil stockpiles are not anticipated to remain for long. All stockpiles will be located in • the bottom of the pit oriented to interfere as little as possible with a potential flooding event. j. We will work with the County to develop a proposed landscape plan. k. It is anticipated that mining could take up to 15 years to complete. If mining begins in 2009, the project should reach completion by 2024. Landscaping will occur once the mining has been completed. I. As mining operations are completed, areas for reclamation will be graded and shaped for re-vegetation. Runoff or excess water from adjacent areas will not be allowed to flow over slopes being graded and seeded. If needed,temporary berms or channels will be constructed to divert excess water and dispose of it in a safe and non-erosive manner. 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. m. Stormwater that enters the site is majority runoff from Sheep Draw. Currently the runoff collects in a natural draw which then flows into a manmade ditch. This ditch intersects the Greely number 3 canal south of the project site. In times of high water a headgate off the Greeley number 3 canal can be opened to allow overflow to flow across the Sheep Draw site in an open ditch just to the east of the gas lines. The ditch then outfalls to the River. It is our understanding that the overflow ditch is not used very often. The project is not anticipated to increase the flows to the site and hence the existing stormwater management system should be sufficient during phase I of the project. Phase II of the project will relocate the ditch to the east edge of the property. • The size of the relocated ditch will remain consistent with the existing ditch and should • • therefore still handle all storm water flows. Stormwater flows that enter the pit during • the mining process will be routed to the pit dewatering trenches and pumped from the pit under the regulations and permit from the Colorado Department of Public Health. n. This project should not generate debris. Product stockpiles will be removed from the site before each spring and topsoil and overburden stockpiles will be used concurrent with mining for the reclamation of the site. o. Sand and gravel is an important resource for the County. The County has approximately 2,500 miles of gravel roads which require County maintenance. The County typically uses 400,000 - 500,000 tons of gravel on an annual basis. Other activities that require the use of gravel include construction, backfilling for bridges and cattle guards, shouldering of new paved roads, and washouts to name a few. The County has found it more cost effective to produce its own gravel, than to rely on outside suppliers. The Sheep Draw pit would provide sand and gravel resources to the County. p. The Use by Special Review area is located in the Cache la Poudre floodplain. Operations associated with the proposed project will not have an adverse impact to the Cache la Poudre River floodplain. The final reclaimed use will not adversely impact the floodplain and in fact may help attenuate flooding from freeboard in the proposed reservoir. While the site is being mined, all soil and overburden material will be used on-site for reclamation and product stockpiles will be removed from the site before the spring runoff; so long-term stockpiling of these materials is not anticipated. Overburden and product stockpiles will be located within the proposed mining cells and placed so that they do not impede potential floodwaters. The use of the floodplain for sand and gravel operations is consistent with Chapter 23 article V of the Weld County Comprehensive Plan. • • • u6 ra Applegate • Group, Kim Ogle Planning Manager 918 10`'Street Greeley CO 80631 August 5,2008 Re: Sheep Draw Site USR Dear Mr. Ogle: I am writing to you on behalf of my client,Weld County,who is submitting information for a Use by Special Review Mining Operation,for its Sheep Draw property located west of the Town of Greeley in Weld County,Colorado in Southeast and Northeast Y.of Section 33,Township 6 North, Range 66 West, Sixth P.M. We have submitted the majority of the applicable materials required for the process. The following materials will be submitted as soon as they become available. • A copy of the DRMS permit application has been submitted. • Oil and Gas Agreements are in process and will be covered under standard County Surface Use Agreements. These agreements will be supplied to County Planning as soon as they are • finalized. • A drainage discussion was completed for the site in lei of a preliminary drainage report. • A flood Hazard Development Permit will be applied for if it is determined that the project will move forward. Thank you for your time and please contact me if you have any questions. Si erely, enni r J. Lee • 1499 West 120th Avenue, Suite 200 (303)452-6611 •Fax(303)452-2759 Denver, Colorado 80234-2759 www.applegategroup.com Hello