HomeMy WebLinkAbout20050991.tiff RESOLUTION
RE: DISMISSAL OF PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL
REVIEW PERMIT#1316 - HALL-IRWIN CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on the 21st day of March, 2005,a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Hall-Irwin Corporation,
P.O. Box 519,Greeley,Colorado 80632,was in compliance with certain Conditions of Approval and
Development Standards contained in Use by Special Review Permit#1316 for Open Pit Sand and
Gravel Mining in the A (Agricultural) Zone District, and
WHEREAS,the alleged violations were said to be occurring on property described as part
of the NE1/4NW1/4 and part of the NW1/4NE1/4 of Section 19,Township 6 North, Range 67 West
of the 6th P.M., Weld County, Colorado, and
WHEREAS,after hearing testimony from the Department of Planning Services,the Board
finds that pursuant to the procedure as set forth in Chapter 2, Administration, of the Weld County
Code,there is not sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Use by Special Review Permit should be revoked for failure to comply with certain
Conditions of Approval and Development Standards, and
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Probable Cause Hearing concerning Use by Special Review Permit
#1316, be, and hereby is, dismissed.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 21st day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
IL�� / WELD COUNTY, COLORADO
Tom ` • i��l a-44
k William H. ke, Chair
r� eld C brr" rk to the Board
M. e ry�'fer� /
BY: s!e .ei �� i a l ere
' s - .' ty Clerk to the Board
D E. Long �����
AP DASTO •
AGlenn Vaad
Date of signature: `jo-5—
2005-0991
PL1510
MEMORANDUM
We DATE: MarcOdh 2, 200County Board of County Commissioners
COLORADO. 5
FROM: Sheri Lockman, Planner II
SUBJECT: 2n° Probable Cause for USR-1316 in part of Section 19,
Township 6 North, Range 67 West of the 6th P.M. Weld
County, Colorado.
Use by Special Review 1316 was approved by the Board of County Commissioners on May 23,
2001 for gravel mining. Conditions of Approval required a flood hazard permit be submitted to ensure
the site was in compliance with FEMA. Flood Hazard Development Permit 402 (FHDP-402)was approved
on June 15, 2001. FHDP-402 stated that no stockpiling or structures were proposed in the Floodway
District therefore no constriction of the floodway should occur. Inspections of the property confirm that
large stockpiles are located on the site. In an attempt to come into compliance Amended FHDP-402 was
submitted on January 17, 2005. AMFHDP 402 was denied on February 28, 2005.
Planning Staff is trying to schedule a meeting with Hall-Irwin to discuss a reasonable time frame
for removing the stockpiles from the floodway. We are asking that they present their proposal to
the Board of County Commissioners at the Probable Cause hearing for the Board to consider.
2005-0991
FL/S/a
AI DEPARTMENT OF PLANNING SERVICES
(Planning Division)
NORTH OFFICE
IWI p ,c 918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
• FAX: (970) 304-6498
COLORADO
March 2, 2005
Julie Cozad and Jeff Gregg
Hall-Irwin Corporation
3026 Fourth Avenue
Greeley, CO 80631
Subject: Violations of USR-1316
Dear Ms. Cozad and Mr. Gregg:
Notice is hereby given that on Monday March 21, 2005, at 9:00 a.m., or as soon thereafter as the agenda
of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will
hold a Probable Cause public hearing pursuant to Section 23-2-270 of the Weld County Code. This
meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10'"
Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-1316 for compliance with the
Development Standards as approved by the Board of County Commissioners on May 23, 2001 to
determine if probable cause exists to hold a hearing on revocation of USR-1316.
Inspection by representatives of this office have identified that you are not in compliance with
Development Standard #17 as follows:
Development Standard #17 states "The operation shall comply with all applicable rules and
regulations of the Federal Emergency Management Agency including a Letter of Map Revision if
determined applicable." Condition of Approval 2.B. required the applicant to apply and receive
approval for a Flood Hazard Development Permit. Flood Hazard Development Permit 402 (FHDP-
402)was approved on June 15, 2001. FHDP-402 stated that no stockpiling or structures were
proposed in the Floodway District therefore no constriction of the floodway should occur. Inspections
of the property confirm that large stockpiles are located on the site. In an attempt to come into
compliance Amended FHDP-402 was submitted on January 17, 2005. AMFHDP 402 was denied on
February 28, 2005.
If it is determined at the public hearing that there is probable cause that you are not in compliance with
USR-1316, the Board of County Commissioners will schedule a Show Cause public hearing to consider
revocation of the Special Review permit.
If you have any questions regarding this matter, please contact me at the above number.
iRectfully,
Lockman
Planner II
CC: Mike Severin, Tetra Tech RMC
i ;'\\
DEPARTMENT OF PLANNING SERVICES
918 Tenth Street
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
CE-mail P address: g
HONE (9 O) 3FA
X0(970) 304-6498
COLORADO
February 28, 2005
Julie Cozad
Jeff Gregg
Hall-Irwin Corporation
3026 Fourth Avenue
Greeley, CO 80631
Mike Severin
Tetra Tech RMC
1900 South Sunset Street, Suite 1-F
Longmont, CO 80501
Subject: Amendment to Flood Hazard Development Permit (FHDP-402)
Dear Ms. Cozad and Messrs. Gregg and Severin:
The Department of Planning Services and referral agencies have reviewed the documentation submitted
for compliance with the Weld County Code specific to the Flood Hazard Development Permit application
procedure and Section 23-5-200.
It is the findings of this office that although corrective effective modeling has been provided reflecting more
scientific and current data with the existence of a floodway island within the floodway, as finding of fact for
a no rise condition for the stock piling in the floodway, this hydrologic and hydraulic analysis is not official,
nor does it substantiate a no rise condition for stockpiling. NAP regulations require that a CLOMR be
submitted for approval where a project is on a stream or river, in which a detailed analysis has established
BFE and a floodway, and a portion of the development is in the floodway with no establishment of zero
rise. Prior to acceptance of the findings of proposed fact and approval of the Flood Hazard Development
Permit Application recommendation is a CLOMR be approved for the submitted corrective effective
analysis with conditions of supporting approval by subsequent LOMR and LOMR-F.
Given this position, the Department of Planning Services is denying your amendment to FHDP-402.
Therefore, the original FHDP-402 remains in effect. Please note that application correspondence
submitted for the original Flood Hazard Development Permit (FHDP-402) application states:
"A portion of the mining operation is located in the Floodway District, however, no
stockpiling or structures are proposed in the Floodway District and therefore no
construction of the floodway should occur. Proposed activity within the designated
floodway is limited to excavation below existing grades."
Continuing on,
"Temporary topsoil stockpile berms at the edge of the mining area(s)will be generally
oriented parallel to the direction of flow and are not likely to increase the Base Flood
Elevation of the Cache La Poudre River. Also, these stockpiles are not designed to
withstand the erosional forces associated with an Intermediate Regional Flood."
Visual inspection of the property has identified at least two large piles of gravel materials associated with
the dredging of Windsor Lake in 2003. The size of these piles appears to be diminishing in area and
height, however, it is important to note that the material was not to be placed in the Floodway District per
the approval of the original FHDP-402.
Given this sequence of events, including the placement of dredge spoils in the floodway that was to be
removed within one year of the date of the Probable Cause hearing of February 5, 2003 per the minutes to
this case, and given that testimony was given that an annexation agreement was pending with the Town
of Windsor, this office will proceed with administrative action, including, but not limited to, action through
FEMA of which the County participates through the enforcement of FEMA Regulations via the National
Flood Insurance Program.
Should you have any questions or need further information, I may be reached at the above address,
telephone number or e-mail address.
Sincerely,
Kim O
Planning nager
Enclosure:Rocky Mountain Consultants, Inc., Letter dated March 21,2001
File: FHDP-402
USR-1316
pc: 19-6-67
l C _p rf6 m
F
' !h ✓ Et c; s tk"�:, t° J",',2+ y {B fk � h°`>f.q `+
w v
s +
r
sxe✓m f-'t'T�� '9#'`�tt<�; a .. ... � �� �.42.. � mot.
' •..�'Tµ
Photographs taken February 24, 2005 by Sheri Lockman
`. .K^ F. ( i �. Y
a� ~ 1 t`7i'k'rt tw' e4. pile Oblii%0
h aj x1 ° s X1-4 ���p'Y _ \ , � � ;•
Y {gyp
xa �7_
• 1 Y
-3 . F {t„W_xt' t9 ti.,:,::,;!,� _"ry ' 35} 1 's ,. }d
a /' r.. xfi �' � A n-y" - ee ' � f pis n i �q
�I:... ,k ' � ,x ry �.kc-"r.::4,- f �•,+1tl* � � '45,710‘.04,16,
11' vf���`[[,,,`.Y
3
lk
x m +- hh T
�. • Y.
j 15.x.. v,xt: z; \ . *, s `s {' i. 4' A t° '�" ,
! �7„tp. f ,� y... �. xo �. ..0„,f >" i V'd i }. �� k it ,F. °I`• ,y I%,1 ? 4 .eve, .. y € 11 3 5`': :.
W, SE •
r 04„. j11
S•.n 1 of !'J ^
y'Y
I Y +# 7 t o R 6 A ,,,, i t t l r+ r �$�!t:
PT
.�,,. _ Fr -y/Tk.'`.� '> �F ' v ! k ��=�..0 sy.. f ♦ � 1 ��
„4.
/ T GlXgv. 1�.§e ;I jyT a'' ! ,„\,-,,:t.--,..
't - { T
F C £ e fir" #� 3t +� �{ Lz
4 #.� ♦f .4.'1-
Y,a h."" g 1 . f wri, t- ,�a �g ti " .4w... b illies .
bf +'7 AfF(`�
• a ?rl�'owl' ' l 1 *�" #yi ' r 1 f 'a""Y���• O�d�syl/ ,�✓?.:4i
e� •`�' '�; !i+' p0. .' . � itro / �..a�
•,.. *. r r ' f; 'l:s I, ... ,. , . , „dielsr! 1144 . ...,,..•rt. %, *, . irr ir: a .. ... , /: .,,,..i + _ P`rk f' l 5,
�8.
L '
e , /
,-------
�
42 I \
4 t
\ (
.0.- / 44,4r
•
3
f I
-- 7
4,7
4.
/ fl
yy
rI
! 1 Qk f u
4v
L
. i /
, „
f /' jr
,i A A. / f Y do
« II
4 443,Mllx1J8,., P..tf h}]1=M
I
ail
li� 5 -C=
• r . 1 PA r e a p ,, . .P PP P - - . r 'A `f •E\, `;.
i f}{1 Ili i Ilsi r 11 1 1 1i III!11 Ili I II i 1di r�I!! " _F-- - wr _ ,: ep'
} al 3 1 r 1 = lr ms:-t-j �1 -- - ' i rF!
•
.. • i „.,
l in I ill )I ; }•1 i 1 i t il i j ff.t }1 1 .r i 1, : ; - 'tr ,I, I
�� `f �jig F r4 t $1Iii }fill S= f it le! i = •�.•'• et ',:i ',!I
1 ,t it i = 4! °j Lfi i i f':
lik ,I '.1, g •:
i 1I I° , my .1 f I { ( r lair? i ' f i el ° ]1 47.
14 ill, yl
}iy , 3 t i t 3 L 1 ill l ;f ,xi `}If }�..Eki a !!f.
nil € y I; } $ a�
}• y =�= I 1 1 t} � � n Pi
e•�,'rv� �•.;` ,� q�3 f` �-.•h �k
r # 1• ; 1: i ;I , i • 1� %...'":‘/..••• t t Plitt . [
I
t1111
r
ii}i911ji
i 7 ii + gli
it. ' i, F, 1 li I�1 I 't..� v .ii;a lie
r !4e i .
Ili'
1 II
1 � ih.:'iiII f a : ."
i ljt+ ire�t fil l�if ii •-:;.--47,"
� �p s`
f efl tf1.fffi 111.t' al it I I s. 'ill9'":9.0 ' 'li rill': ' ' Ili i)it!
l lift III lit`ill IIilll Ill I f i 1` 1 1 f•.•••.:• -•-•,- --...-‘....;: _ L."4—)
- } IIf a 51r
e.
f i j 1m In
i i ' 3
1 c
ap
0u . . . .. i f l o .. r
II0 I I I i M i f l'i III li :}}} 1. ;,g�,: i.Fl
F F£ F4 F 9 44 C 6 F F b 1 i ill ' 1 i Ijeogi1@• ffi6i a .�,t.t' 333 I i q :'
s .
t i6i rrifillit f I i ,' • .. i
I.
_ KI1 ri
..,CM..
Pei
`ir 1
lip 4IX t Ei IT sf s
,�II �s�� is� ° f$a a Ile 1.1 i PI!i -L: . !..4' ,i
MI
lill' Rlla 6' Sff !s t ...
rl R i tiill° p•
II€ IIII ;0\gyp ik,EEP AY 2E' :11.....„_. . ii f of
II 4i.-.1. --,„..., vy P°{f e}€ Alp Jy
;EAR 1 t-
;IA ] :E i r
i'li S, i ;' i
$}Ail3 USE BY SPECIAL REVIEW — REVISIONS
ao otsawrax wa n
o'k .a o , x,axoxc uw.oo MC.....................,..
C pp.... MOUNTAIN CONSULTANTS o INC.
a EXTRACTION PLAN e �•,• � �
'N grg■li La Pouch.* North — HOII—Indn Corporation --
� � �'�
;ra
ls
bra .
Nr Erb
+ , to \ S`s z=
s-v
�¢ raatgaeaeagss a TM
€ of€ iigisssii m >b fi=t a4
t a t
, Iii1aalIIt , ! 9 I t 1.
5 t E I
!4ti a ,, l- !Mr
F a x 71
f 4� L _ Y
�kt8 }ti itccc %„ .-�- 4409 I g4
i il'i;lljr I ii°
iq1' }g5 {s
g6g g g gl
ppjga
9 Cs9 : •-o- ' / :� O 49.,�
it a6 ( 6
x x9599 x9b is I i jY
�i ai __ w �� 4a A
F N
gvig6nmi it x y
g@
.., E —gg t, is
6
4ii 16� 4 v 4s
643 f I`.. 1g
f Fi 4 ;•� f
aI i i 4
iiit}iI1J{HU HP
I /
i siEf !, itint;
t 8 t g tt got,.
I IItitlli$ r
,41
91• c ,ii
s . v - E ® ig
' i i Fit ak *,.' z. 4
i iiREV
'4€5 5 MLRB 112 PERMIT ��
S
N �ia o0
cic s '; RECLAMATION PLAN -thy"' g^cnocxvanounuNC0N3ULTMI4SMf.
4 9� semwue..avesea..cesum
aoarnw.o..rrees
N E ass; La Poudre North — Hall—Irwin Corporation
VC. Department of Planning Services
Flood Hazard Development Permit
COLORADO Administrative Review
Applicant: Hall-Irwin Corporation Case Number: FHDP-402 Planner: CG
Legal Description: Part of NE4 NW4 and NW4 NE4 of Section 19, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
Parcel Identification Number: 0807-19-000063
Firm Map Number: #080266-0605D
Permit is approved -The plans and materials submitted in support of the proposed development
are in compliance with the applicable floodplain management standards in the Weld County Zoning
Ordinance.
Permit is conditionally approved. Provided the conditions of approval are met, the plans and
X materials submitted in support of proposed development will comply with the applicable floodplain
management standards in the Weld County Zoning Ordinance.
Permit is denied. The proposed development is not in conformance with applicable floodplain
management standards in the Weld County Zoning Ordinance (explanation attached).
Variance is required. The proposed development will require approval of a variance by the Board
of Adjustment is the applicant wishes to proceed with construction. Please call the Department of
Planning Services to discuss the appropriate application materials needed to apply for a variance.
Conditions of Approval:
1. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located.
2. Any future structures or uses on site must obtain the appropriate zoning and building permits.
&to ...gat_
Date: June 15, 2001
Chris Gathman - Planner
Kt ', , 101
•
ROCKY MOUNTAIN CONSULTANTS, INC. RI1IC
Premiere Building
825 Delaware Ave.,Suite 500
Longmont, CO 80501
(303) 772-5282
Metro (303) 665-6283
FAX (303) 665-6959
(first initial, last name)@long.rmcco.com
March 21, 2001
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Re: Flood Hazard Development Permit Application for the Hall-Irwin La Poudre North
Property; RMC Job No. 80-0636.056.00
Dear Planner:
Please consider the following information and the Flood Hazard Development Permit application
for the Hall-Irwin La Poudre North site. Hall-Irwin currently has permits for the properties
immediately south and west of the subject property. A legal description and a site layout
drawing of the proposed mining area are attached. The proposed construction consists of sand
and gravel mining in the areas indicated on the Mining Plan (Sheet 1 of 1 attached). The
standards of Section 26.4 of the Weld County Zoning Ordinance will be met based on the
following:
— Once completed, the proposed sand and gravel mining operation will not increase the
Base Flood Elevation of the Cache La Poudre River. There are no proposed insurable
structures to be constructed within the 100-year floodplain of the Cache La Poudre River.
- Temporary topsoil stockpile berms at the edge of the mining area(s) will be generally
oriented parallel to the direction of flow and are not likely to increase the Base Flood
Elevation of the Cache La Poudre River. Also, these stockpiles are loose fill and are not
designed to withstand the erosional forces associated with an Intermediate Regional
Flood.
— A portion of the mining operation is located within a designated Floodway District,
however, no stockpiling or structures are proposed in the Floodway District and therefore
no constriction of the floodway should occur. Proposed activity within the designated
floodway is limited to excavation below existing grades.
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
Weld County Department of Planning Services RMC
March 21, 2001
Page 2
Please call if you have any questions regarding the additional information contained in this Flood
Hazard Development Permit application.
Sincerely,
ROCKY MOUNTAIN CONSULTANTS, INC.
/ ≤1t7y
Brad L. Hagen, P.E.
Water Resources Engineer
BLH:bh
Attachments
cc: Jeff Gregg, Hall-Irwin Corporation
H:\0636_056\fhdp1
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498
FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION
Application Fee Receipt Number Case Number
Firm Map Number
Name of Applicant Hall-Irwin Corporation Date March 21. 2001
Address P.O. Box 519, Greeley, Colorado 80632
Home Phone Work Phone (970) 352-6057
Parcel Number 0 8 0 7 1 9 0 0 0 0 6 3 (12 digit number found on Tax I.D.
Information or obtained in the Assessor's Office.
Legal Description of the Property Refer to Attachment A
Zoning District Agriculture Total Acreage 37.82
1. General Description of Proposed Development: (Check when applicable)
Manufactured
Home or
Residential Non-Residential Mobile Home
New Construction New Construction On Single Lot
Addition or Improvements Addition or Improvements In Mobile home Park
In Subdivision Fill Material Fill Material
Fill Material Watercourse Alteration In Mobile Home
Subdivision
Other Sand and Gravel Extraction
2. Brief Narrative Description of Proposed Development:
Mine sand and gravel for construction materials.
3. Property located in designated FW(Floodway) District? Yes X No
If answered yes, certification shall be provided by a registered professional engineer that the property use or
structure, when built, will not cause any increase in floodwater levels during an intermediate regional flood (100-
year flood) or will limit or restrict the flow capacity of the floodway.
4. Property located in a designated FP-1 or FP-2 (Floodprone) District? Yes X No
Rev: 1-8-01
FLOOD HAZARD DEVELOPMENT PERMIT CERTIFICATION
I certify that the following standards have been met: (Check applicable sections only)
The lowest floor, including the basement floor, is elevated (for existing structures which are being
substantially improved) or will be built (for new structures) to the level, or above, of the regulatory flood
datum.
Water Surface Elevation of the Intermediate Regional Flood is: feet above MSL at the building
site.
Elevation of the lowest floor of the proposed structure is feet above MSL at the building site.
The mobile home pad is elevated (for existing structures which are being substantially improved)or will be
built(for new structures)to the level, or above, of the regulatory flood datum.
Water Surface Elevation of the Intermediate Regional Flood is: feet above MSL at the building
site.
Elevation of the mobile home pad is feet above MSL at the building site.
The lowest floor of the manufactured home, including the basement floor, is elevated(for existing structures
which are being substantially improved) or will be built (for new structures) to the level, or above, of the
regulatory flood datum.
Water Surface Elevation of the Intermediate Regional Flood is: feet above MSL at the building
site.
Elevation of the lowest floor of the manufactured home is feet above MSL at the building site.
Source of Information:
Structures which are not elevated in order to be floodproofed are designed so the structure is watertight
below the elevation of the regulatory flood datum and the structures are designed to be capable of resisting
the hydrostatic and hydrodynamic forces expected at the building site during an intermediate regional flood.
Water Surface Elevation of the Intermediate Regional flood is: feet above MSL at the building site.
Elevation to which structure is to be flood proofed and watertight: feet above MSL at the building
site.
Source of Information:
All new or replacement domestic water wells or water supply, treatment, or storage systems are designed
to prevent inundation or infiltration of floodwater into the system by an intermediate regional flood.
All new or replacement sanitary sewer systems are designed to prevent inundation or infiltration of
floodwater into the system and to prevent discharges from the systems into the floodwater of an
intermediate regional flood.
X The encroachments,including fill,new construction, substantial improvements, and other development shall
not result in any increase in flood levels during the occurrence of an Intermediate Regional Flood. No
structures or permanent fill will be placed within the defined floodplain.
FLOOD HAZARD DEVELOPMENT PERMIT CERTIFICATION - Continued
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities will be
designed and/or located so as to prevent water from entering or accumulating within the components during
conditions of flooding.
All new construction and substantial improvements will be constructed using methods and practices that
minimize flood damage. Improvements will be constructed with materials and utility equipment resistant
to flood damage.
All new construction and substantial improvements will be anchored to prevent flotation, collapse or lateral
movement of the structure and to withstand hydrodynamic loads.
X The proposed use or structure is to be located in the FW(Floodway) District, and when built will not cause
any increase in floodwater levels during an Intermediate Regional Flood and will not limit or restrict the flow
capacity of the floodway. Proposed ponds will decrease the Manning's Roughness on the subject site,
effectively increasing the flow capacity of the on-site defined floodway.
Fill material will be used in the FP-1 or FP-2 (Floodprone) Districts, and the fill material is designed to
withstand the erosional forces associated with an Intermediate Regional Flood.
The use or development causes or results in an alteration or relocation of a water course. Evidence is
attached to this certification that:
1. Municipalities within a three-mile radius of the proposed alteration or relocation have been notified
in writing of the proposed alteration or relocation.
2. The Colorado Water Conservation Board has been notified in writing of the proposed alteration or
relocation.
3. The Office of Insurance and Mitigation of the Federal Emergency Management Agency has been
notified in writing of the proposed alteration or relocation.
The flood carrying capacity within the altered or relocated portion of the watercourse will remain the same
after the alteration or relocation as existed prior to the alteration or relocation. Evidence is attached which
substantiates that the alteration or relocation shall not adversely affect landowners upstream or downstream
fro the alter ion or relocation.
Date: dick tpmnpp
Ow r/Authoriz Agent RE%
vo
ZaCte 77(7e-711 Date: a v:Q'oy o M
Registered Professional Eng eer =_
State of Colorado -uSH:0636_05Tbaseline-Mdp appwpd
Si ID..t\\\\�\
01-29-03 09:26am From-HALL IRWIN CORP +9703526284 T-606 P.002/004 F-418
CONSTRUCTION 0 AGGREGATES O LEASING 0 GOLF
January 28,2003
Weld County Department of Planning Services
1555 N. 17*Avenue
Greeley, CO 80631
Subject: USR-1316, Part of the NE4/NW4 and part of the NW4/NE4 of Section 19, T6N,
R67W of the 6th P.M.,Weld County, Colorado
Dear Mr. Gathman:
This letter is in response to your letter dated January 28, 2003. We would like to provide
some background information for your consideration. For approximately two years the Town
of Windsor has been working with Hall-Irwin Corporation on the Kern Reservoir (aka
Windsor Lake)reclamation project. The reservoir has been badly silted in for many years and
has not held it's adjudicated amount of water (1800 acre feet). Considering the severe
drought situation it seemed the ideal time to go forward with the project, with accompanying
funding from the Colorado Water Conservation Board (CWCB)- Funding from the CWCB
has been approved for the project and the total cost of the project is over$6,000,000.00.
Due to the reservoir being utilized by the New Cache La Poudre ditch company as an
equalizer, it was imperative that the project be completed during off irrigation months,
basically October 15-April 15. Originally, the project was going to be done over a three year
period, however, the Town of Windsor felt that the impacts to the surrounding citizens would
be less if done within one season, which meant the contractor would have to work six days a
week, with two ten hour shifts. The other consideration was cost; if the lake would have to be
drained three times it added considerable cost to the project.
Mayor Wayne Miller and myself presented our proposal to the Division of Minerals and
Geology (DMG) and their conclusion was that this was not considered mining; it was a
reclamation project to increase water storage. There is over four million cubic yards of
material that needed to come out of the lake and 2.5 million cubic yards was to be deposited
on the adjacent property for fill dirt and the remaining material could be hauled to our
HALL- I RWIN
CORPORATION
3026 4tn Avr. ri RCELEY, COLORADO 00631 ♦ P.O. BOx 2150 eoe L or. COLORADO 60532
970-352-6057 0 303-654-1684 MEYRG O 970-352-52Ba FAN
01-29-03 09:27am From-HALL IRWIN CORP +9703526284 1-606 P.003/004 F-418
permitted gravel operation (La Poudre Pit, USR-1316). The DMG granted a Declaratory
Order for the project in September of 2002_ We presented this scenario to the Windsor Town
Board and they unanimously approved the Kern Reservoir and Ditch Company to go forward
with the plan.
After discussion with the Colorado Department of Transportation (CDOT) it was decided that
it would be safer for the 320 trucks per day, to enter into the gravel permit site through our
approved access, but to exit back onto State Highway 392. A permit was applied for and
CDOT approved the temporary access point.
The impacts of this project are to the citizens of the Town of Windsor, as the haul route for
the material coming out of the lake is through the town and is almost completely onto the
State Highway system. Our approved, permitted access point is located off of Weld County
Road 13, however, that portion of the gravel permit has been annexed into the Town of
Windsor. The Kern Reservoir and Ditch Company have made concerted efforts to keep the
public informed of the project and have had regular monthly meetings. Letters have been sent
to citizens and notice has been in the two Windsor papers, as well as the Greeley Tribune.
The last public meeting was scheduled on January 9, 2003 and over forty people attended.
The response has been overwhelmingly positive, as the citizens in the Town of Windsor
desperately want to have their lake cleaned out and want to be impacted for as short of a
period of time as possible.
We would like to address your letter dated January 28, 2003 regarding the issues the Weld
County Planning Department considers violations of our above referenced permit. It is our
position that the property is in compliance with the Development Standards for the following
reasons:
1. The operation is in compliance with all operation policies identified in Sections 23-4-
250 through 23-4-310 of the Weld County Code. Your letter specifically addressed
section 23-4-290.B, which states, "All sand and gravel operations shall be conducted
during the hours of daylight except in the case of public or private emergency, or to
make necessary repairs to equipment." Over 75% of the original permitted area has
been annexed and is located within the limits of the Town of Windsor. A small
portion (20 acres) is located within Weld County and the only activity occurring on
the Weld County portion is some temporary stockpiling of material and a temporary
access road to State Highway 392. This temporary access was permitted through the
Colorado Department of Transportation and stockpiling of material is currently
permitted on this portion of the property. As stated previously, this is a temporary
project, due to be complete by April 15, 2003, and is considered a public project
(Windsor owns 70% of the reservoir). Our position is that due to the circumstances of
the project and the financial responsibilities of the Town of Windsor, this project is
considered an emergency project due to the constraints of the time frame.
01-29x03 09:27am From-HALL IRWIN CORP +9703526284 T-606 P.004/004 F-418
2. The approved access into the site is from Weld County Road 13. Trucks are still
utilizing the access point to enter into the facility. As stated previously, it was
determined that it would be safer and more convenient for the citizens of Windsor
(and Weld County)to have the trucks associated with the reservoir reclamation project
exit, right turn only, directly back onto the State Highway, so that traffic would not
back up at the signalized intersection of WCR 13 and Highway 392. As previously
stated, this temporary access was approved by CDOT. The access road on the
property is temporary and will be removed after completion of the project.
After discussion with the Town of Windsor, it is our opinions that the temporary uses on the
property are not a major change to USR-1316 and therefore not a violation of the permit. A
majority of these uses are occurring within the permitted portion of the property within the
town limits and the town has agreed to the temporary situation. If staff determines that it is a
major change to the permit, as defined in the Weld County Code, we respectfully request an
immediate Probable Cause Hearing to be scheduled before the Board of County
Commissioners. Please let me know if you have any other questions. Thank you.
Sincerely,
Julie Chester
Development Project Manager
Northern Region
pc: Mayor Wayne Miller, Town of Windsor
Rod Wensing, Town Administrator, Windsor
George Hall, President, Hall-Irwin Corporation
Jeff Gregg,Aggregate Division, Hall-Irwin Corporation
Jim McFarland, Vice President, Aggregate Division,Hall-Irwin Corporation
Monica Daniels-Mika, Director of Planning Services, Weld County
Kim Ogle, Lead Planner
Trevor Jiricek,Director, Public Health and Environment
Char Davis, Public Health and Environment
Don Carroll, Public Works
Board of County Commissioners
Bruce Barker, County Attorney
Lee Morrison, Assistant County Attorney
Hello