HomeMy WebLinkAbout20072269.tiff ,. OF f°" City of Fort Lupton
Planning and Building
cole...o Department
Performance,Integrity,Teamwork,
Accountability and Service
(303)857-6694 x 125
Tom Parko,Planning Director Fax(303)857-0351
130 S.McKinley Avenue e-mail:planner@frii.net
Fort Lupton,Colorado 80621 http://www.fortlupton.org
April 11, 2007
Weld County Planning Department
Attention: Kim Ogle
4209 CR 24.5
Longmont, Colorado 80504
RE: USR-1608
Dear Mr. Ogle:
The applicant representative for Holton Lakes came before the City's Planning Commission on
April 10, 2007 to discuss a site specific development plan and a special review permit for a
mineral resource development facility including a concrete, recycled concrete and gravel mining
activities in the agricultural zone district.
As you are aware the City requested that the owner of the property seek annexation to the City
because it is located within the urban growth boundary. Following the annexation procedures and
hearings the City and the owner came to an impasse on the annexation agreement. More
specifically, the annexation agreement called for the owner or operator to pay an impact fee that
was consistent with the impact fees assessed and collected on the other two gravel mines located
in the City. Consequently, the owner and operator opposed the impact fee and City Council
denied the annexations.
Because of the nature of this application the City understands the owners right to apply for a
special use permit through Weld County and does not object. However, the City respectfully
requests that the owner and future operator of the gravel mine comply with our recommendations
that were discussed at the Planning Commission and forwarded to the owner.
Recommendations:
1) The applicant shall work with the City to add additional landscaping features along
US 85 and SH 52.
r
EXHIBIT
2007-2269
2) The applicant shall continue to work with the Colorado Department of
Transportation, Region 4 and to comply with improvements to SH 52, e.g. excel and
decel lanes, widening, shoulder improvements, etc.
3) The applicant shall pave the first two hundred feet of the main entrance and exit to the
site in order to reduce mud, dirt and other debris from entering onto the State
Highway and City road system.
4) The operator shall pay close attention to its proximity to Pearson Park. The public
uses the park extensively and gravel trucks pose a safety concern.
5) The applicant shall do its best to minimize a 24-hour, seven days a week operation,
unless it's for unusual circumstances.
6) The applicant shall do its best to implement the latest technology to reduce noise
impacts from gravel extraction equipment and vehicles.
7) The Applicant shall do its best to require lighting that projects down and not up and
out. Weld County should require a photometric plan.
8) The City shall send a letter to the County requesting that the applicant enter into a
pre-annexation agreement. The pre-annexation agreement will allow the owner and
operator to obtain all necessary permits and entitlements through Weld County but
after the mining operations are complete and the property is reclaimed the owner shall
make petition to annex the property. The reason for this request is that the City still
has a vested interest to annex property within its Urban Growth Boundary and future
planning areas. To permit unincorporated development on the fringes of the corporate
limits restricts the City's ability to effectively control and manage growth.
Thank you for allowing the City of Fort Lupton to comment on this proposal. As always if you
have questions or comments please contact me at the number listed above.
Sincerely,
;/ ii40
Tom Parko
Planning Director
City of Fort Lupton
Weld County Referral
Wilk.
March 12, 2007
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Ready Mixed Concrete Case Number USR-1608
Company
Please Reply By April 12, 2007 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-4381 being part of the NW4SW4 Section 6,Ti N, R66W; SW4 Section 6,Ti N,
R66W;W2NW4 Section 7, T1 N R66W exc S2SE4SW4SW4 of Section 6,T1 N, R66W and
also exc NE4NW4NW4 Section 7,Ti N, R66W; NE4NW4/NE4NW4NW4 and Part
NW4NE4 lying W of Westerly R-O-W Lane SH 85 Section 7,T1 N, R66W and the
S2SE4SW4/SE4SW4SW4 and part S2SW4SE4 lying W of Westerly R-O-W Lane SH 85
Section 6 ,T1N, R66W of the 6th P.M.,Weld County, Colorado.
Location Generally located South of and adjacent to SH 66;West of and adjacent to SH 85; East of
and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10.
Parcel Number 1471 06 300002, 1471 06 000044, and 1471 07 000023
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.
Weld County Planning Commission Hearing (if applicable) June 19,2007
0 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Sit( We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: u Th CCU\e. (Sb 1\-v. ('.(`lm o 'ir s , 4't
\AOca- o`tvo Writ, out-0.
Signature t Date 61 131
Agency C. �.iartk
+Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO.80504 ❖(720)652-4210 ext.8730 4(720)652-4211 fax
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM APR 16 2007
Kit biet
RECEIVED
TO: KIM OGLE, PLANNING SERVICES
FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH C
ISUBJECT:USR-1608 READY MIX CONCRETE COMPANY
DATE: 04/11/2007
COLORADO CC:
Environmental Health Services has reviewed this proposal for mineral resource
development facilities including a concrete plant, recycled concrete and gravel mining.
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 provide a detailed design and operation plan for the 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.
4. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS) from the Water Quality Control Division of the Colorado Department of
Health and Environment for any proposed discharge into State Waterways, if
applicable.
5. 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.
6. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources, demonstrating that the well is
appropriately permitted for the commercial use.
7. 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.
8. 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).
r
We recommend that the following requirements be incorporated into the permit as
conditions that must be met one month prior to construction activities:
1. A stormwater discharge permit may be required for a
development/redevelopment /construction site where a contiguous or non-
contiguous land disturbance is greater than or equal to one acre in area. Contact
the Water Quality Control Division of the Colorado Department of Public Health
and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
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
2. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal
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.
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".
5. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
6. The 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.
7. 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.
8. 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.
9. Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility.
3
10.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.
11 .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.
12.Bottled water shall be provided to employees at the temporary locations of the
working face at all times.
13.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
14.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).
15.The applicant shall remove, handle, and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
16.All 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).
17. If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
18.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Minerals and Geology.
19.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
4
STATE OF COLORADO Weld County Planning Department
Bill Ritter,Jr.,Governor GREELEY OR ICE LOT \O
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE APR i 8 700/ *-• ' 40
AN EQUAL OPPORTUNITY EMPLOYER RECEIV E I V i...D 04 OF
Bruce McCloskey,Director6060 Colorado For
People
, oway or
Wildlife-
Denver, 80216
Telephone:(303)297-1192
April 14, 2007
Mr. Kim Ogle
4209 CR 24.5
Longmont,CO 80504
Dear Mr. Ogle:
Thank you for the opportunity to comment on the Holton Lakes Sand and Gravel Project(USR-1608). The goal of
the Colorado Division of Wildlife(CDOW) is to provide complete,consistent and timely information to all entities
who request comment on matters within our statutory authority and our mission-which is to protect, preserve,
enhance and manage wildlife and their environment for the use, benefit,and enjoyment of the people of Colorado
and its visitors.
On April 12, District Wildlife Manager Chris Mettenbrink met with the project's environmental consultant Mike
Hart of Hart Environmental to discuss the goals of the project,how the project will impact wildlife,and ways to
— mitigate some of these impacts. After touring the property and reading the Wildlife Resources Report provided by
ERO Resources Corporation, it was determined that this project would have a significant impact on the wildlife
resources on the property.
While the project site contains agricultural fields and pastures, it also contains valuable riparian corridors and
wetlands found along the South Platte River that runs through the center of the project site and the Big Dry Creek
that runs through the west end of the property. The riparian corridors contain mature cottonwoods,willows,and
other riparian vegetation that is considered highly valuable habitat to many different species of wildlife. The
wildlife observed on the tour of the property included red-tailed hawks,a variety of species of ducks,and
songbirds. The property has also served as a migration corridor and wintering habitat for at least 20 white-tailed
deer. Other wildlife that could be found using the property include wild turkey,coyotes,foxes,bald eagles,and a
variety of small mammals,raptors,waterfowl,and songbirds.
To minimize the impacts of mining to wildlife,we recommend that as many of the mature cottonwood stands be
left in place as possible for bank stabilization along the river and to provide habitat for wildlife. The largest impacts
to these riparian corridors would occur in parcels A and C of the mining process. The project plans state that there
would be a 100' set back from the river bank,which would eliminate many of the mature cottonwoods in the area.
We recommend, if possible,that the setback for parcel A and C be extended to 200-300' from the river bank or
that mining occur around these stands of cottonwoods. We also suggest that any mature cottonwoods lost during
the mining process be replaced on a one to one basis during the reclamation of the property.
The project proposal states that there will be a chain link fence placed on the northern boundary of the property
along Hwy 52 to prevent people from entering the property. This fence will impact the movement of wildlife along
the riparian corridor of the river, especially big game species such as white-tail deer,mule deer,and turkeys. To
DEPARTMENT OF NATURAL RESOURCES,Hams D.Sherman,Executive Director
WILDLIFE COMMISSION,Tom Burke,Chair•Claire O'Neal,Vice Chair•Robert Bray,Secretary
Members,Brad Coors•Jeffrey Crawford•Rick Enstrom•Roy McAnally•Richard Ray•Ken Torres
Ex Officio Members,Harris Sherman and John Stulp
minimize the impact of this chain link fence,we suggest that the portion of the property boundary that crosses the
river where the bridge for the highway crosses the river be left unfenced to allow the continued movement of these
wildlife species along the riparian corridor. The conveyer belt that will transport sand and gravel across the river
can also serve as a barrier for movement of wildlife along the riparian corridor. If possible,we suggest that the
conveyer belt be raised high enough off of the ground along the banks of the river to allow deer and other wildlife
to continue to pass underneath the conveyer belt when the mine is not in operation.
Three potential raptor nests were identified in the ERO wildlife assessment report and at the time of observation
were not identified as being active or inactive nests. The Division of Wildlife suggests that the nests be further
monitored to determine activity status. All raptors are protected from take, harassment, and nest disruption by state
and federal laws. In order to prevent intentional or unintentional destruction of an active nest,the Division of
Wildlife suggests that the nests be removed before or after the breeding season which occurs from March 1m to July
30th or each nest may be"coned"to prevent use by the raptors. For each raptor nest removed or"coned"an
artificial nest should be constructed off site to mitigate for the loss of each nest. For detailed raptor surveys and
raptor nest mitigation techniques, please consult with ERO Resources Corporation.
Once mining is complete, all ponds created by reclamation efforts could potentially have significant value to wildlife.
To maximize this benefit,the Division of Wildlife recommends that the ponds be designed to include irregular
shorelines and one or more islands to provide cover, shelter, and nesting areas. Islands should be at least 15' x 25' in
size per 2 surface acres of water. Shoreline and island slopes should be graded to a ratio of 4 horizontal to 1 vertical
distance,with some areas having slopes no steeper than 8 horizontal to 1 vertical distance. Such shallow areas will
allow for establishment of a variety of types of aquatic vegetation and invertebrate prey for waterfowl.
Thank you again for the opportunity to comment on the Holton Lakes Project. If you have any questions or comments,
please feel free to contact District Wildlife Manager Chris Mettenbrink at(303)906-1979 at your earliest
convenience.
Sincerely,
9N/11q1,41
Scott Hoover
Northeast Regional Manager
Colorado Division of Wildlife
CC: Mark Leslie—Area Wildlife Manager
Chris Mettenbrink-District Wildlife Manager
File: Scott Hoover,Northeast Regional Manager
Area 2 File
bNITED
POWER
MEMORANDUM
March 19, 2007
TO WELD COUNTY PLANNING, BUILDING AND ZONING
c/o Kim Ogle
FROM: Al Trujillo
RESPONSE/RECOMMENDATIONS FOR NON-EXCLUSIVE EASEMENTS
NAME OF SUBDIVISION DATE OF REFERRAL REPLY BY
I I I I I I I IIIIIIIII MI MI !
I 1 1 1
HOLTON LAKES MARCH 12, 2007 APRIL 12, 2007
I I I I L I IIIIIIIII
10 FT WIDE EASEMENTS AROUND PERIMETERS OF EACH PARCEL
Please let me know if I can be of further assistance on this matter and thanks again for
your help.
I can be reached @ 1-303-637-1241.
A CONSUMER OWNED UTILITY
, cr,
......_ rt„....., Weld County Referral
Weld County Planning Department
WigGREELEY OFFICE March 12 2007
MAR 2 6 2007 Weld County Planning Department
O SO ITHWEST BUILDING
RECEIVED MAR 2 v 2007
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Ready Mixed Concrete Case Number USR-1608 I
Company I
Please Reply By April 12,2007 Planner Kim Ogle 3
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. I
Legal Lot B, RE-4381 being part of the NW4SW4 Section 6,T1 N, R66W; SW4 Section 6,Ti N,
R66W; W2NW4 Section 7, T1N R66W exc S2SE4SW4SW4 of Section 6, Ti N, R66W and k
also exc NE4NW4NW4 Section 7, T1 N, R66W; NE4NW4/NE4NW4NW4 and Part
NW4NE4 lying W of Westerly R-O-W Lane SH 85 Section 7,T1N, R66W and the
S2SE4SW4/SE4SW4SW4 and part S2SW4SE4 lying W of Westerly R-O-W Lane SH 85
Section 6 ,Ti N, R66W of the 6th P.M., Weld County, Colorado.
7
Location Generally located South of and adjacent to SH 66; West of and adjacent to SH 85; East of I
and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10. I
Parcel Number 1471 06 300002, 1471 06 000044, and 1471 07 000023 I
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.
_/Weld County Planning Commission Hearing (if applicable) June 19, 2007
✓J We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached heJ letter. �/ 1 Siomments: � cat& is rat �-c� r fG ur..!/ f�' �t-mac y .C/Gi'u' `c, GJ'c
.F1� -- (r 'c- (f O
"�^ 1,.� f.L. p �! ICLL-- 2/, C„`mil
Signature / dw�r//c+�� - / Datep�/� MAR
r� 7
Agency 7I-(1L---L. 61./..4,,,. 3 Lc'tt.Zt-t' 4741 RECD MAR 1 6 200/
+Weld County Planning Dept. ❖4209 CR 24.5,Longmont,CO. 80504 +(720)652-4210 ext.8730 ❖(720)652-4211 tax
school rt ' Administration Office www.ftlupton.k12.co.us
IN district � ` 301 Reynolds Street Ph: 303-857-3200
Fort Lupton, CO 80621 Fax: 303-857-3219
fort lupton,Colorado
March 21, 2007
Weld County Planning Department
4209 County Road 24.5
Longmont, CO 80504
To Whom It May Concern:
In response to the application from Ready Mixed Concrete Company (Case number USR-1608),
we conclude that a negative impact would be the increased truck travel on Highway 52 and
through the city of Fort Lupton.
Positive impacts would be the tax base would increase and there would possibly be 25-35 more
jobs available.
7
Sincerely, /
P------
ark A. Payler
uperintendent of Schools
A community united for student success...college ready!
Una comunidad unida para el exito de sus estudiantes...
iListos para la universidad!
MAR-21-2007 WED 07:47 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 02
MAR 21 '07 06:52 FR PUBLIC SERVICE-7TH FL303 571 7877 TO 817206524211 P.02/02
,Xcel EnergyBM Siting and Lend P.108te
rSt S
ella 700
PUBLIC SERVICE COMPANY Denver. 580202x266
�:S03.xs.s7,I.n9s
Facsimile:303.571.7577
March 21, 2007
Weld County
Planning Department
9181Ox'Street
Greeley, CO 80631
Fax: 720-652-4211
Attn: Kim Ogle, Planner
RE: Referral Response for Holton Lakes, Case No. USR-1608
Xcel Energy's holding company, Public Service Company of Colorado (PSCo) a
Colorado Corporation is the owner of an 115,000 Volt'electric transmission line that is
• located in the above mention project located at the W Y:of Sections 6 & 7, Township 1
North, Range 66 West, 8 PM,Weld County.
The Law requires PSCo to inspect, maintain, and operate their facilities to provide
reliable service to their customers. For this safety/liability concern PSCo must review
and authorize all probable encroachments located near or under their electric power
lines.
To begin this encroachment the permit applicant will need to contact Harry Swinhart
(303571.7292), PSCo's Land Rights Agent to coordinate a License Agreement for
access to their facilities or any crossings over PSCo's easements.
If you have any questions about this referral response, please contact me at(303) 571-
7596.
Thank You,
lice Atte,
Jon B. Keller
Agent, Siting and Land Rights
•
TOTAL PAGE,02 **
STA 1'E OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources W31d Qznity Planning Department of co�'f
Department of Natural Resources 7 ' '.".V ST BUILDING SW%
1313 Sherman Street,Room 818 MAR 2 2 2007 _The
Denver,Colorado 80203 /876
Phone(303)866-3581
FAX(303)866-3589 March 16, 2007 ru y.
RE .CiVL® Bill Ritter,Jr.
http.//www.water.state.co.us Governor
Kim Ogle Harris D.Sherman
g Executive Director
Weld County Planning Dept.
4209 CR 24.5 Hal D.Simpson,P.E.
State Engineer
Longmont, CO 80504
RE: Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities including a Concrete, Recycled Concrete and Gravel Mining
Case No. USR-1608
Section 6, TIN, R66W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Ogle:
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-
101(10)(a), C.R.S Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to
county planning directors, this office will only perform a cursory review of the referral information and
provide comments. The comments do not address the adequacy of the water supply plan for this
project or the ability of the water supply plan to satisfy any County regulations or requirements. In
addition, the comments provided herein cannot be used to guarantee a viable water supply
plan or infrastructure, the issuance of a well permit, or the physical availability of water
According to the submitted information, the Gravel Mining operation will cause depletions to
the South Platte River due to evaporative losses from exposed ground water and operational losses.
A Substitute Water Supply Plan (SWSP) or court approved augmentation plan must be
obtained to replace the depletions caused by the operation. In addition, the applicant will be
required to repermit the existing well prior to using the well for the proposed commercial uses
at the site and the applicant must obtain a well permit for the proposed gravel pit pond prior to
exposing ground water at the site.
Gravel pit operators typically must first obtain approval from the Colorado Division of
Reclamation Mining ana Satety prior to mining. As pan of that process the appiicant will need to
address the potential concerns of State Engineer's Office as they relate to water rights.
Should you have any questions, please contact Joanna Williams of this office.
Sinnccer ,
�ely
Kevin G. Rein, P.E.
Chief of Water Supply
KGR/JMW
CC: Jim Hall, Division 1 Office
Wad C /54 s
44416 Weld County Referral
' Weld County Planning Dec�afj�tment12, 2007
So '1rST BUILDI(f'rch C. ON
MAR 2 2 2007
S
MAR 15 2007
COLORADO RECEIVED
Region�YYQffic Salim
The Weld County Department of Planning Services has received the following item for review:
Applicant Ready Mixed Concrete Case Number USR-1608
Company
Please Reply By April 12, 2007 Planner Kim Ogle
Project
1 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-4381 being part of the NW4SW4 Section 6, Ti N, R66W; SW4 Section 6, Ti N,
R66W; W2NW4 Section 7, T1 N R66W exc S2SE4SW4SW4 of Section 6, Ti N, R66W and
also exc NE4NW4NW4 Section 7, Ti N, R66W; NE4NW4/NE4NW4NW4 and Part
NW4NE4 lying W of Westerly R-O-W Lane SH 85 Section 7,Ti N, R66W and the
S2SE4SW4/SE4SW4SW4 and part S2SW4SE4 lying W of Westerly R-0-W Lane SH 85
Section 6 , Ti N, R66W of the 6th P.M., Weld County, Colorado.
Location Generally located South of and adjacent to SH 66; West of and adjacent to SH 85; East of
and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR 10.
Parcel Number 1471 06 300002, 1471 06 000044, and 1471 07 000023
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.
Weld County Planning Commission Hearing (if applicable) June 19,2007
'7 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter. /L1
Comments: (1 acrid- �CQss i,�S �5 mitt bt. 0.11OW(C1(t COr r3Ylc.�
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Holton Page 1 of 1
Kim Ogle
From: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US]
Sent: Wednesday, May 02, 2007 1:15 PM
To: Kim Ogle; Donald Carroll
Cc: Michael Hart
Subject: Holton
Kim,
I met with Mike Hart and Mr. Holten on Monday at the site. I was originally opposed to any use of the access off
of US 85, but having looked at the alternative, I've determined, it's worse. CDOT will allow the existing access off
of US 85 to be convert to a RI/RO access for a temporary period, not to exceed 5 years and no more than 10
vehicle trips per day. CDOT will monitor that traffic volumes to confirm that no more than 10 vehicles use the
access.
I will be contacting the members of the US 85 Advisory Group to let them know what CDOT has agreed to. I
wouldn't want them to think we were ignoring the ACP.
Gloria Hice-Idler
Access Manager
CDOT Region 4
1420 2nd Street
Greeley CO 80631
(970) 350-2148
05/23/2007
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM PP # 22 200 ,
RECEIVED
TO: Kim Ogle, Planning Services DATE: March 30, 207
111 ' FROM: Donald Carroll, Engineering Administrator U'�'t
C SUBJECT: USR-1608, Ready Mixed Concrete Company
COLORADO• (Holton Lakes)
The Weld County Public Works Department 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:
COMMENTS:
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways.
Please contact Gloria Hice-Idler at the Greeley office to verify the access permit or for any additional requirements
that may be needed to obtain or upgrade the permit. (State Highway 52 and U. S. Highway 85)
ADT: The most recent traffic counts provided by the applicant in a traffic study reflects that U. S. Highway 85 has a
current count of 25,700 and State Highway 52 has a traffic count of 9,600. Both ADT counts were taken February
2006.
applicant has provided a traffic impact study. The study was completed by FHU.
U. S. Highway 85 Access Control Plan: The interchange of U. S. Highway 85 and State Highway 52 is showing
improvements to that intersection through the corridor study. Mid range improvements reflect a signal light at the
approach to southbound U. S. Highway 85 and a closure of a field access directly on to U. S. Highway 85 south of
the intersection.
REQUIREMENTS:
The applicant shall contact the Colorado Department of Transportation (CDOT) to verify any additional
requirements that may be necessary to obtain or upgrade the permits associated with the U. S. Highway 85 access
Control Plan and the FHU traffic impact study.
Site Access: The applicant shall hard surface with either concrete or asphalt the first 300 feet adjacent to the main
entrance to State Highway 52 and match the existing grade with adequate turning radiuses. The purpose of the
hard surface is to control dust and to keep the edge of the pavement from breaking away and from tracking mud or
debris on to the asphalt surface.
Storm Water Drainage: The storm water drainage will be managed according to the Storm Water Management
Plan (SWMP), which will be developed for the site in conjunction with the requirements of the NPES Ground Water
Discharge Permit. The Weld County Public Works Department is requesting that the applicant provide both permits
for the Holton Lakes pit for our review and file.
FHDP Permit: The applicant shall apply for a flood hazard development permit with the County and shall be
r `.wed through the Weld County Public Works Department. There is a fee for the permit and review. The review
v,... oe done through the Public Works Department, Drainage Division.
pc: USR-1608 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608.DOC
Weld County Sheriffs
Office
M e mo
To: Kim Ogle
Front Cdr.J.D. Broderius gb
Date: April 1,2007
Re: USR-1608
The Sheriffs Office recommends the following improvements for this business:
1. Mail distribution for the home and business should be limited to as few locations as possible
with a central drop off location within the property. It should be developed so that employees do
not have to cross a county road to obtain their mail.
2. A permanent sign should be placed at the entrance to the property that meets the planning and
zoning standards and is approved by the county commissioners, detailing the name of the
business, address, and a graphical presentation of the roadways within the property. There
should be a plan developed to maintain this sign.
3. Since the roadways within this property are not maintained or adopted by the county, individuals
working on this property should be made aware that the Sheriffs Office will have
limited traffic enforcement powers in regard to traffic complaints.
4. A plan should be developed to maintain roadways on the property, especially during
inclement weather conditions for emergency vehicles.
5. If there are oil or gas production facilities within this property, they need to be fenced off in
order to mitigate the potential for tampering. These facilities are known to create an attractive
nuisance for young people. Tampering not only creates a significant danger to safety but also of
environmental damage with extensive mitigation and clean-up costs.
6. If you intend to name any of the roads on the property you should be present these names to
the Sheriffs Office for approval. This will eliminate duplication of street names within the county.
If you do name any of the roads they will need to be properly marked with clearly visible
reflective signs.
7. Since this is a gravel mining operation, and past experience has shown that the high voltage
lines used to power gravel moving belts and equipment are attractive targets for individuals who
steal these items for the value of the copper a comprehensive safety and theft deterrent plan is
requested.
The Sheriffs Office lacks the ability to absorb any additional service demand without the resources
recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as
indicated by growth not considered at the time the plan was developed. I have no other comments on this
proposal.
1
Weld County Sheriffs
Office
M e mo
To: Kim Ogle
Front J.D. Broderius0t
CC:
Date: April 1,2007
Re: USR-1608
Kim,
Should this plan be approved, please notify the developer / owner that the Sheriffs Office
would be willing to assist in the development of a security plan for the site free of charge. If
this is of interest, please have them contact me.
r
1
DEPARTMENT OF PLANNING
SERVICES
Q BUILDING INSPECTION
NORTH OFFICE
918 1 thStreet
GREELEY, COLORADO 80631
PHONE (970)353-6100, EXT.3540
C
' FAX (970)304-6498 SOUTHWEST OFFICE
O 4209 CR 24.5
LONGMONT CO 80504
COLORADO PHONE (720)650 ex 8730
FAX X (720)652-4211 April 3, 2007
Ready Mix Concrete Company
USR-1508
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.
1. A building permit shall be obtained prior to the construction or placement of any structure such as a scale
house/office, concrete batch plant, sand and gravel plant, maintenance shop and the truck washout and any
other structures placed on the parcels. An electrical permit will be required for any electrical service to
equipment. A plot plan shall be submitted when applying for building permits showing all structures with
accurate distances between structures, and from structures to all property lines.
2. A plan review is required for each building for which a building permit is required. Plans shall bear the wet
stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying
for each permit.
3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application.
Currently the following has been adopted by Weld County:2003 International Building Code;2003 International
Mechanical Code; 2003 International Plumbing Code; 2005 National Electrical Code; 2003 International Fuel
Gas Code and Chapter 29 of the Weld County Code.
4. Each structure set on a foundation will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
5. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy
classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined
by the Zoning Ordinance.
6. Building height shall be measured in accordance with the Building Code for the purpose of determining the
maximum building size and height for various uses and types of construction and to determine compliance with
the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from the building.
7. Provide letter of approval from Fort Lupton Fire Protection District prior to new construction.
9. There are five historical building permits with final status on these parcels.
8.A Flood Hazard Development Permit shall be submitted for buildings constructed in the 100-year flood plain.
Please contact me for any further information regarding this project.
Sincer
6/47-9
Ro er Vigjf
Building Official
Weld County Planning tThpartmen
+ SOUTHWEST BUILDING
QPPI NT OP 2,4,F2 MAY 1 O
2007
cn United States Department of the Interior _
-`-, 1 A FISII AND WILDLIFE SERVICE RECEIVED
V°�C)
Alec„";,;e Ecological Services
Colorado Field Office
P.O. Box 25486, DFC (65412)
Denver, Colorado 80225-0486
IN KEPIS RIII'FR TO:
I?S/CO: '1'&E/NoConcurrance
654 1 2-2007-1-0404
MAY 1 6 2007
Moneka Womb
I;RO Resources Corporation
1842 Clarkson Street
Denver, Colorado 80218
Dear Ms. Worah:
The U.S. Fish and Wildlife Service (Service) received your letter of April 12, 2007,
regarding potential presence of federally-listed threatened or endangered species at the site
of Ready Mix Concrete Company's proposed sand and gravel excavation project on the
Holton Lakes property just west of Fort Lupton in Weld County, Colorado (Sections 6
and 7, Township 1 North, Range 66 West). You requested that we review the information
that you provided and provide "a written determination." The following comments have
been prepared based on the authority conferred to the Service by the Endangered Species
Act of 1973, as amended (50 CFR §402.14); the Migratory Bird Treaty Act (16 U.S.C.
703) (META), and Bald and Golden Eagle Protection Act (16 U.S.C. 668).
Additional project details were provided to the Service in a March 27, 2007, referral
package from Weld County, including a report by Hart Environmental (Hart) entitled
"Holton Lakes, use by special review (USR) permit application." The project is located
within the 100-year flood plain of the South Platte River and would be mined in five
stages totaling 203 acres of the 298.5-acre property. Bentonite slurry walls would be
constructed around the perimeter of three of these stages prior to mining, ultimately
resulting in three lined, 30-foot-deep pits located about 200 feet from the Platte River and
totaling 166 acres. The life of the project is estimated to be 10 years. Water development
(use of the lined pits as reservoirs) would follow.
Threatened and Endangered Species
Your letter primarily addressed the potential presence of the Preble's meadow jumping
mouse, lupus hudsonius preblei, (Treble's) in the project area. While we acknowledge that
previous nearby trapping efforts along the Platte River and Big Dry Creek have failed to
confirm presence of Preble's, based on the description and photos (3 of the South Platte, 1 of
Big Dry Creek) that you have provided, we are unable to concur that approximately 1.0 mile
Page 2
of the Platte River corridor and a portion of Big Dry Creek on the project site are not suitable
habitat for Preble's.
Other federally-listed species in the project area include the bald eagle, Flaliaeetus
leucocephalus. While the Service has no information specific to this project area, new bald
eagle nest sites are regularly being found along the South Platte River corridor. Active bald
eagle nests occur within 4 miles to the northwest and to the south of the project site. In
addition, the South Platte River corridor is considered by the Colorado Division of Wildlife
(CDOW) to be a"winter concentration area" for bald eagles and the river provides
significant hunting habitat for the eagles. A major winter roost has been previously
documented within 2 miles to the south of the project site. We believe that your statement
that "there are no documented nests, roosts, or significant feeding areas within one mile of
the projectarea" inadequately addresses the potential for the proposed project to affect the
bald eagle and we suggest close coordination with the Service and CDOW regarding bald
eagles as project plans evolve.
Your letter indicates "This report only includes terrestrial species and does (sic) address the
Colorado butterfly plant or Ute-ladies' tresses orchid." We are not clear why potential
presence of the Ute ladies'-tresses orchid, Spiranlhes diluvialis; and Colorado butterflyplant,
Oenothera coloradensis spp. Coloradensis have not been addressed for the project site.
Since 1978, the Service has consistently found through formal Section 7 consultations with
Federal agencies that actions resulting in depletions to flows in the Platte River system are
likely to adversely affect the endangered whooping crane (Grus americana), endangered
interior least tern (Sternula antillarum), the threatened northern Great Plains population of
the piping plover (Charadrius melodus), endangered pallid sturgeon (Scaphirhynchus albus),
threatened bald eagle (Haliaeetus leucocephalus), threatened western prairie fringed orchid
(Platanthera praeclara), and designated critical habitat for the whooping crane in the central
Platte River in Nebraska. Project elements that could be associated with depletions to the
Platte River system include, but are not limited to, ponds (detention/recreation/irrigation
storage), lakes (recreation/irrigation storage/municipal storage/power generation), reservoirs
(recreation/irrigation storage/municipal storage/power generation), pipelines, wells, diversion
structures, and water treatment facilities.
I f a Federal agency/money is associated with this proposed project (e.g., U.S. Army Corps of
Engineers or USEPA) and the Federal agency and the applicant determine that there are
depletions associated with the project, the Federal agency should request initiation of formal
section 7 consultation in a letter to this office. It is not clear to us that the project, including
development of water storage reservoirs post mining, can be accomplished without a Federal
nexus. The Hart report states that a NPDES permit will be required from the Colorado
Division of Health and Environment for ground water discharge. We suggest that this issue
he further explored with the Service, the Corps, and EPA.
•
Page 3
Migratory Birds
Under the META, any construction activities that would result in the take of migratory birds.
eggs, young, and/or active nests should be avoided. Although the provisions of MBTA arc
applicable year-round, most migratory bird nesting activity in eastern Colorado occurs during
the period of April 1 to August 15. However, some migratory birds are known to nest
outside of the primary nesting season period. For example, raptors can be expected to nest in
woodland habitats during February 1 through July 15. If the proposed construction is
planned to occur during the primary nesting season or at any other time that may result in the
take of nesting migratory birds, the Service recommends that the project proponent (or
construction contractor) arrange to have a qualified biologist conduct a field survey of the
affected habitats and structures to determine the absence or presence of nesting migratory
birds. Surveys should be conducted during the nesting season. It is further recommended
that the results of field surveys for nesting birds, along with information regarding the
qualifications of the biologist(s) performing the surveys, be thoroughly documented and that
such documentation be maintained on file by the project proponent (and/or construction
contractor) for potential review by the Service (if requested) until such time as construction
on the proposed project has been completed. The Service's Colorado Field Office should be
contacted immediately for further guidance if a field survey identifies the existence of one or
more active bird nests that cannot be avoided by the planned construction activities.
Adherence to these guidelines will help avoid the unnecessary take of migratory birds and the
possible need for law enforcement action.
Wetland/Riparian Impacts
The South Platte and Big Dry Creek on site are waters of the U.S.; however, it is not clear to
us what associated jurisdictional wetlands occur on site or whether this long-term project will
require a Corps permit under the Clean Water Act. While much of the proposed impacts
appear to be in existing agricultural fields, disturbance of riparian wildlife habitats may also
occur. A "Wildlife impact assessment" by ERO, referenced in the Hart report, was not
included in the review package we received from Weld County. Outside the areas of direct
impacts, wildlife habitats on site may be further impacted from dewatering during mining
and from changes to ground water resulting from lining of pits. The February 2004 report
prepared for Colorado Rock Products Association entitled "Cumulative effects of aggregate
mining along the South Platte River" points out the potential for effects of lined pits on
ground water levels, which in turn has potential to impact nearby wetlands and other habitats.
In conclusion, based on the information we have reviewed to date, we can not at this time
concur that the project will not have adverse impacts on federally-listed species. In addition,
the project may cause impacts to migratory birds and other wildlife. We suggest that you
Ibllow up on the issues mentioned above and further coordinate project plans with the
Service and other agencies as appropriate.
Page 4
If you have questions regarding this letter, please contact Peter Plage of this office at
(303)236-4750.
Sincerely,
Susan C. Linner
Colorado Field Supervisor
pc Corps, Littleton (T. Carey)
EPA, Denver (S. Fowler)
CDOW, Ft. Collins (M. Sherman)
CDOW, Denver
Weld County, Longmont(K. Ogle)
Hart Environmental, Boulder (M. Hart)
Vana-Miller
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HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137
March 1,2007
Erica S. Crosby
Environmental Protection Specialist
Division of Reclamation,Mining and Safety
Department of Natural Resources
1313 Sherman Street,Room 215
Denver,CO 80203
Re: Ready Mixed Concrete Company,Holton Lakes(File No.M-2007-008)(CHS#49662)
Dear Ms.Crosby:
Thank you for your correspondence dated February 16,2007.(received b.y our office on February
20)concerning the permit listed'above.
A search of the Colorado Cultural Resource Inventory indicated that no surveys for.cultural
resources have been conducted in the proposed permit area and no cultural resource sites are known
to be located within the proposed permit area.However,our files contain incomplete information
for this area,as most of Colorado has not yet been inventoried for cultural resources. As a result,
there is the possibility that as yet unidentified cultural resources exist within the permit area.
Should human remains be discovered during mining activities,the requirements under State law
CRS 24-80 part 13 apply and must be followed.
Thank you for the opportunity to comment. If we may be of further assistance,please contact Greg
Wolff,Compliance Coordinator,at(303) 866-4674.
Sincerely,
`-"VV\tioJa\--'11\-)
ccr Georgianna Contiguglia
State Historic Preservatio Officer
GC/GAW
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