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Home My WebLink About20060869.tiff Weld County Planning Department CREELEY OFFICE DEC 2 2 2005 it MEMORANDUlVeEIVED KTO: SHERI LOCKMAN, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH ISUBJECT:USR-1539 KEITH& SHIRLEY ASHBAUGH O DATE: 12/19/2005 • COLORADO CC: Environmental Health Services has reviewed this proposal for 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. 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 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. 4. 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. EXHIBIT 2006-0869 jf 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 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 comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 5. 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. 6. 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. 7. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 8. 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. 2 • 9. An adequate water supply shall be provided for drinking and sanitary purposes. 10.Bottled water shall be provided to employees at the temporary locations of the working face at all times. 11.The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 12.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 13.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 • n; Weld County Referral Weld County Planning Department GREELEY OFFICE November 17, 2005 NOV 2 8 2005 C. RECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Keith & Shirley Ashbaugh Case Number USR-1539 Please Reply By December 15, 2005 Planner Sheri Lockman Project A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development (Gravel Mining) in the A (Agricultural)Zone District Legal Part of the NW4 of Section 14, T7N, R59W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 115; Approximately 3/4 mile north of CR 80. Parcel Number 0721 15 000009 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) January 3, 2006 U 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. XSee attached letter. Comments: Signature i�c � � ! Date y o t/ .t y „yOO 3 — r-- Agency wCcO COt& - - . #d,CrtFf O/-flea C Weld County Planning Dept. ❖918 10th Street, Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Sheriffs Office M e mo To: Sherri Lockman From: Ken Poncelow Date: November 24,2005 Re: USR-1539 The Sheriff's Office approves this plan. Please notify the developer/owner that the Sheriff's 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. 1 �-, an () ttrr,H‘D Weld County Referral 111k. November 17, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Keith & Shirley Ashbaugh Case Number USR-1539 Please Reply By December 15, 2005 Planner Sheri Lockman Project A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development (Gravel Mining) in the A(Agricultural)Zone District Legal Part of the NW4 of Section 14, T7N, R59W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 115; Approximately 3/4 mile north of CR 80. Parcel Number 0721 15 000009 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) January 3, 2006 ❑ )(Ve have reviewed the request and find that it does/does not comply with our Comprehensive Plan Q@" We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: (41/4-r) ✓LC&Kitt ) G /37121 ('Am jkC`-C-1 (c./"2ll ()C LL.(' I) L�<XCc �/ C�i'la CAL9-tL/ • Signature �- JL1/,rl Date / / Agency f )' lk") ny (G npt +Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax gNT OF\ DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. Wadsworth Boulevard ; `" LITTLETON, COLORADO 80128-6901 m Weld County fiNgovember 23, 2005 epartment GREELEY OFFICE NOV 2 9 2005 Ms. Sheri Lockman Weld County Planning Dept. RECEIVED 918 10`x' Street Greeley, CO 80631 RE: Keith and Shirley Ashbaugh Gravel Mining, Case No. USR-1539 Corps File No. 200580739 Dear Ms. Lockman: Reference is made to the above-mentioned project located in the NW ''A of Section 15, T7N, R59W, Weld County, Colorado. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activity associated with a dredge and fill project in waters of the United States. Waters of the U.S. includes ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands, certain lakes,ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. Based on the information provided a Department of the Army (DA) Permit will not be required for work at this site. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. If there are any questions call Mr. Terry McKee at(303) 979-4120 and reference Corps File No. 200580739. Sincerely, Timothy T. //Carey Chief, Denver Regulatory Office tm (04; Weld County Referral Meld County Planning Rtwetiehter 17, 2005 ' GREELEY OFFICE C. NOV 2 3 2005 COLORADO iECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Keith & Shirley Ashbaugh Case Number USR-1539 Please Reply By December 15, 2005 Planner Sheri Lockman Project A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development (Gravel Mining) in the A(Agricultural)Zone District Legal Part of the NW4 of Section 14, T7N, R59W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 115; Approximately 3/4 mile north of CR 80. Parcel Number 0721 15 000009 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) January 3, 2006 ❑ 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. X( See attached letter. Comments: Signature Date \Q- \, 0 5 Agency C Uo ❖Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Applicant: KiL.. .h & Shirley Ashb ugh Planner: Sheri Lockman Case#:USR-1539 115 44 15 40 54 Qk I / � 0.4 0 0.4 0.8 Miles Weld County Referral Map / Highways Major Roads f A/ Local Roads ��7 \ / L` V A Railroads L' Streams&Ditches Lakes noodplams �✓ • w i 1 u) O c I 'o N E a) ,� E a) o o I ; am • E m o N C U (d o_ a) _a) 1. O a >. -o E N a) Q co C O = E as V O ) a) L1_ C 6 p a) g ca O >, E = a cp o cu 2 ca c Z' a_se4r � Z � O c c• > z c C co -c L) F ao TI- I- L) O 3 2 N C U 7) f,-_, it > O).C > O a a) w N . a u) ¢ (r) c7) p l0 a) (a N a t Y y C N O a) Eo p U) E -3 a) L L w O c N O m > •� o - O cn v) to N RI o L a) 1� a O N N o �--w 3 c c a) r u)_ � CO 0 (fl co U � '0 c m °) ., me O U) U) f/) UJ '0 - O V) y c m c p).-. C �p v) 0 c p a) - _0 I) .- a) aE "ro a) .- a) a) c c .C a 0 E- O 3 s a) ._�_rn.a) a) 7 (n In fn co •c O L ... CD ti a g r U 3 L O 0 — C 'C -� -di j N N -0 U in C a N >< a') a') E >, C Q 0w u) u) u) E a) ° co a) ▪Lch E a m E E —_ c ._.. 2 co N U O Co p O a) >, >, p c aai J — cc oO a°)i - 000� � .m ca � Eay � E �� O 3 O L N a) U• L-r' a) N m E I a 1:1c Z I N N J. G a+ O co C E. N 00 Q)) a) 7 C ` ZOOa O c `E Z in .o O U U O Q L[) a) O O c `c ` N a `+ (a9 L C p i d N Q a ›E,,, O cn — c) Qa. jE730 STATE OF COLORADO Bill Owens, Governor L�� O DEPARTMENT OF NATURAL RESOURCES p / 5 DIVISION OF WILDLIFE 3 y AN EQUAL OPPORTUNITY EMPLOYER sf04,OF Bruce McCloskey, Director 6060 Broadway For Wildlife- Denver, Colorado 80216 For People Telephone: (303) 297-1192 January 5,2006 Sheri Lockman—Planner Keith& Shirley Ashbaugh—Land Owner Weld County Planning Department Weld County Public Works-Applicant 918 10th Street 1111 H Street,P.O.Box 758 Greeley, CO 80631 Greeley CO 80632 RE: Case Number USR-1539 Dear Sheri, I received and reviewed the proposal for the Weld County Public Works on Keith&Shirley Ashbaugh's property. During the review, Troy Florian-District Wildlife Manager,made a site visit to the parcel. In this letter you will find the Division of Wildlife comments concerning the proposal. The site is located east and adjacent to WCR 115 and % mile north of WCR 80. The proposed site appears to be grazed short-grass pasture ground, surrounded by cultivated dry-land farm ground and CRP ground. The proposed 9.9 acre site is situated on the ridgeline/hilltop of the property. The Division of Wildlife recommends that: -Initial construction occur between August 15 and April 1 to prevent the destruction of nesting wildlife. -Mining equipment be cleaned and a weed/soil erosion management plan is used to reduce the spread of weeds and soil erosion. Applicant should be required to annually treat and eradicate all noxious weeds on disturbed areas of the project for a period of 5 years. -Any fences built are three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches,along with installation of double stays between posts. Varying densities of vegetation and bare ground makes for desirable nesting habitat for many ground-nesting birds. Human activities around these nests can have negative impacts on them. It is recommended that any mining operations that take place on the site occurs before April 1 and after August 15 to minimize any impacts that human activity may have on these nests. With new mining operations taking place and machinery being transported from one site to another, it is important to help prevent the spread of noxious weeds. Noxious weeds reduce property value and wildlife habitat. Care should be taken to avoid spreading and introducing noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds are recognized. The area should be promptly re-vegetated using native species to prevent erosion and invasions by weeds. It is also recommended that a weed and soil erosion management plan be developed and implemented at the onset of mining operations and a period of at least 5 years after mining operations cease. We are concerned for the safety of the wildlife in the area if fences are erected,as some types of fencing can be dangerous and even fatal to wildlife. Therefore, we recommend that if any fencing is to be used within or around DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair•Tom Burke,Vice Chair• Ken Torres, Secretary Members, Robert Bray•Rick Enstrom•Philip James•Claire 0' Neal•Richard Ray•Robert Shoemaker Ex Officio Members, Russell George and Don Ament development sites, either during or after the project,it should be the type that would allow the free passage of wildlife. Fencing plans should avoid the use of woven wire type fences that will trap or prevent movement of wildlife. The Division of Wildlife prefers the use of three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches, along with installation of double stays between posts. The 3-rail vinyl fencing mentioned in the referral would work as well as mentioned above. On behalf of the Division of Wildlife,I would like to thank you for the opportunity to review and comment on this proposal. If you or the applicant have any further questions,please feel free to call Troy Florian at(970)443-1993. e Clar n Area Wildlife Manager Cc: Troy Florian,District Wildlife Manager DOW Mike Sherman, Habitat Biologist DOW file Hello