HomeMy WebLinkAbout20051351.tiff Weld County Referral
(0 1E C lS O U l6 1 August 25, 2004
C. L AUG 27 Tr
COLORADO WELD COUNTY PUBLIC WORKS DEPT
The Weld County Department of Planning Services has received the following item for review:
Applicant John File, Farfrumwurkin LLP Case Number USR-1488
Please Reply By September 22, 2004 Planner Jacqueline Hatch
Project Site Specific Development Plan and Special Review Permit for a mineral resource
development facility including dry open pit mining and materials processing in the A
(Agricultural)Zone District.
Legal E2SW2 & N2 SE4 & part of the W2W2 of Lot B of RE-3474; being part of the
W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of
Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Hwy 52;west and east of and adjacent to CR 3-1/4.
Parcel Number 1313 32 300038, 1313 32 300039, 1313 32 300040 and 1313 31 000036
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) October 19, 2004
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature 4L44z/ g/ Date `l — 3 -B Q-
Agency c"i-lt,(cL GIJc,J 1-ai
EXHIBIT
❖Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-at no ext.3540 +(970)304-6498 fa I 4
2005-1351
^ � a
MEMORANDUM
' TO: Jacqueline Hatch, Planner DATE: Sept. 10, 2004
C FROM: Donald Carroll, Engineering Administrator ;
•
COLORADO SUBJECT: USR-1488, John File, Farfrumwurkin LLP
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
Use by Special Review, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and
requirements are as follows:
COMMENTS:
WCR 3.25 is designated on the Weld County Road Classification Plan (FHU) as a local paved road, with
varying rights-of-way due to the location of the existing road. An additional right-of-way has been purchased
from John File and the adjacent property owners to insure that the road is within the right-of-way. The road is
maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from the future right-of-way line.
. ne Weld County Public Works Department and LaFarge has just completed reconstructing and paving WCR
3.25 as a joint project at a cost of $800,000. This was their designated haul route from their pit located at
WCR 3.25 and WCR 16.5.
In utilizing the printout provided by Minerals and Geology's website, this property currently has a 110 permit,
two 111 permits, and now is applying for a 112 mining permit.
In another portion of the property identified as PZ-1027, Filly Ridge PUD, a nine-lot subdivision was proposed
at the intersection of State Highway 52 and WCR 3.25.
Plat Drawings: Is it typical to permit all the property then identify the mining portion of the permitted area? Is
the material to be stockpiled outside the mining area in the permitted area or for proposed expansion of the
mining area? Is there a problem with a residential structure being in the permitted mining area?
REQUIREMENTS:
Right-of-Way: Weld County has purchased additional right-of-way from the applicant. This right-of-way shall
be identified on the plat drawing. The applicant may use this right-of-way for set back purposes for the mining
operation.
Set Back: Set Backs to the mining operation are measured from the right-of-way or future right-of-way lines
plus the standard set back of 20 feet in an agricultural zone to the edge of the gravel pit berm, which is
considered a structure.
acqueline Hatch, Planner
USR-1488, John File, Farfrumwurkin LLP
Sept. 10, 2004
Traffic Impact Study: The applicant shall provide a traffic study as a part of the review process. This study
shall include a description of the project, vehicle trips generated and distribution, verification of acceleration,
deceleration, storage facilities at all impacted intersections, review of bridge capacity, intersection level of
service analysis of existing and proposed conditions, and recommendation for the upgrade to the
transportation first structure to support development. (See the attached scope of work for the traffic impact
study.)
CDOT: The Colorado Department of Transportation will evaluate through the traffic study the need for any
improvements that may be necessary at the intersection of WCR 3.25 and State Highway 52. Currently, State
Highway 52 is under construction for widening and turn slots. Contact Gloria Hess-Idler or Tess Jones at the
Greeley office for verification of any requirements that might be necessary to upgrade their system to
accommodate the proposed use.
Existing Permits: Verification of the existing 110 permit and the two 111 gravel permits should be shown on
the plat. Clarification and status of the existing permits shall be provided to the Department of Planning
Services and Public Works. Question: Will the three permits be abandoned and incorporated into the
proposed 112 permit? What will be the status of reclaiming of the three pits?
Long Term Road Maintenance and Improvements Agreement: The applicant shall enter into a road
laintenance and improvements agreement with the Weld County Public Works Department for the designated
naul route and all intersections improvements associated with the USR.
Approach Road: The approach road shall be paved with asphalt, concrete, or the equivalent from WCR 3.25
for approximately 300 feet or to the scale house. The approach road shall be elevated to the same height as
WCR 3.25 with adequate turning radiuses to accommodate heavy truck hauling. The purpose of the pavement
is to accommodate dust control and from tracking mud or debris from the pit area.
Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off.
Mining Plan: There are two pieces of property being proposed for mining, the west and the east property.
They are divided by WCR 3.25. The west property is described with Phases A through L. The east property
has one mining area identified. On the east side of the property, the mining facility is located in the northwest
quadrant. Additional information is needed on how the material will be mined and handled as to whether it will
be trucked or conveyed across the county road to the processing plant or will the processing plant be moved to
the east side. Verification of this location is required along with the designated approved access point.
pc: USR-1488
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1488.DOC
Scope of Work for Traffic Impact Study
Current Site Conditions
a. Discussion of current road network (roadway classifications and use)
b. Current traffic conditions
i. Types of roadways to be used by development (paved, gravel, etc)
ii. Current traffic counts
iii. Current peak hour traffic counts on adjacent roadways
c. Current operations
i. LOS calculations for existing intersections in study area
d. Surrounding Land Use and Discussion of proposed development impacts
on existing land use.
II. Site Assumptions
a. Hours of operation, expected volume of truck and vehicular traffic, life of
mine, potentially include truck distribution over time during the day and a
discussion of the proposed haul route(s).
III. Future Conditions
a. Peak hour site generated traffic
b. Short Term background traffic (5-years)
c. Long Term background traffic (2020)
d. Short Term Peak Hour
e. Long Term Peak Hour
IV. Traffic Impacts from development
a. Intersection operations/LOS calculations (both shod term and long term)
b. Roadway geometry recommendations (both short term and long term)
V. Other design considerations
a. Signing & striping
b. Sight distance
c. Pavement maintenance
d. Intersection Radii for truck turn movements
e. Acceleration/deceleration lanes and lengths
VI. Conclusions/Recommendations
VII. Supporting analysis (counts, LOS calcs, accident history, traffic projections)
a
MEMORANDUM
KitTO: JACQUELINE HATCH, PLANNING SERVICES
IIIle FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH C/SUBJEDATE:CT.U/ZR-I488 4 JOHN FILE FARFRUMWURHIN,LLP
COLORADO CC:
Environmental Health Services has reviewed this proposal for a mineral resource
development facility including dry open pit mining and materials processing. We have
no objections to the proposal, however, in reviewing the application we have observed
that the applicant did not address potable water use for employees and visitors and is
proposing portable sanitation facilities as the facility's sewage disposal. The facility
plans to operate at this location for 6 years and employ up to 15 individuals, thus we
believe a potable water source and an Individual Sewage Disposal System (ISDS) is
more appropriate to serve the sanitary needs of the employees and visitors to the
facility.
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. The applicant shall provide current evidence that the facility has an adequate
water supply (i.e., well or community water system).
2. 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 (APCD), Colorado Department of Health and Environment. Alternately,
the applicant can provide evidence from the APCD that they are not subject to
these requirements.
3. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment.
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 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).
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/Weigh
Station and shall be installed according to the Weld County Individual Sewage
Disposal Regulations.
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".
2
5. The applicant shall remove, handle and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
6. 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.
7. 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.
8. Adequate handwashing and toilet facilities shall be provided for employees and
visitors of the site.
9. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
10.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
11.If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
12.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.
13.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code,
3
Coo--
a
Kais- '")
Weld County Referral
111 I August 25, 2004
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant John File, Farfrumwurkin LLP Case Number USR-1488
Please Reply By September 22, 2004 Planner Jacqueline Hatch
Project Site Specific Development Plan and Special Review Permit for a mineral resource
development facility including dry open pit mining and materials processing in the A
(Agricultural)Zone District.
Legal E2SW2& N2 SE4 & part of the W2W2 of Lot B of RE-3474; being part of the
W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of
Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Hwy 52;west and east of and adjacent to CR 3-1/4.
Parcel Number 1313 32 300038, 1313 32 300039, 1313 32 300040 and 1313 31 000036
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) October 19, 2004
❑ 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.
a See attached letter.
Comments: (-)
I �a BQA c-VdOttur ,
Signature c4a0, " Date 2- ao-out
715YW/b
Agency Y (1fi6 te;11-
+Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
•
MEMORANDUM
COLORADO
To: Jacqueline Hatch, Planner August 26, 2004
From: Bethany Salzman, Zoning Compliance Officer
Subject: USR-1488 Referral
Upon review of my computer and case files,2(two)open Electric Permits(ELS-031118&ELS-031119)were
noted. My records indicate that the last inspection that was conducted occurred in November of 2003.
Therefore,this permit should have been expired in May of 2004; however, my records do not show a Violation
case has been initiated. Please speak to Peggy Gregory, Building Compliance Officer prior to approving this
application request.
This Use by Special Review application will not assist in bringing the property into compliance;therefore,prior
to recording the plat, the existing permits shall be finaled.
cc: ELS-031118
ELS-031119
Peggy Gregory, Building Compliance Officer
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Page 1 of 1
Jacqueline Hatch
From: Peggy Gregory
it: Friday, August 27, 2004 1:52 PM
To: Jacqueline Hatch
Cc: Bethany Salzman
Subject: USR-1488
I sent a letter to the property owner to schedule inspections on ELS-031118 and ELS-031119.
08/30/2004
Page 1 of 1
Jacqueline Hatch
Flom: Peggy Gregory
it: Monday, September 13, 2004 2:14 PM
To: Jacqueline Hatch
Subject: USR-1488
The two outstanding electrical permits have been completed.
09/13/2004
Weld County Referral
' August 25, 2004
IllC.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant John File, Farfrumwurkin LLP Case Number USR-1488
Please Reply By September 22, 2004 Planner Jacqueline Hatch
Project Site Specific Development Plan and Special Review Permit for a mineral resource
development facility including dry open pit mining and materials processing in the A
(Agricultural)Zone District.
Legal E2SW2 & N2 SE4 & part of the W2W2 of Lot B of RE-3474; being part of the
W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of
Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Hwy 52;west and east of and adjacent to CR 3-1/4.
Parcel Number 1313 32 300038, 1313 32 300039, 1313 32 300040 and 1313 31 000036
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) October 19, 2004
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
r❑ /ye have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature ( Date 9 - 7 "Oar
Agency (862/Z4, CS ecnor/
*Weld County Planning Dept. 4918 10'"Street,Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
1:1Hrlt
DEPARTMENT OF BUILDING INSPECTION
I Weld County Administrative Offices
918 10th Street, Greeley, CO 80631
CWEBS www.co.weld.co.us
O Phone (970970) 353-6100, Ext.xt. 3540
• Fax (970) 304-6498
COLORADO
September 7, 2004
John File, Farfrumwurkin LLP
Site Specific Development Plan and Special Review Permit for a mineral resource development facility
including dry open pit mining and materials processing in the A (Agricultural) Zone District.
USR-1488
1. A building permit shall be obtained prior to the construction of structures such as a scale, office
trailer and any other structure placed on the parcel including any sign. An electrical permit will be
required for any electrical service to equipment. A plot plan shall be submitted Wien 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; 2002 National
Electrical Code; 2003 International Fuel Gas Code and Chapter 29 of the Weld County Code.
4. Each building 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.
Please contact me for any further information regarding this project.
ecio
Singer 9elyPlo , 1
Ro' i iC l
Building Official
MEMORANDUM
To: Jacqueline Hatch
From: Dave Tuttle
Date: November 30, 2004
Subject: USR-1488
The sheriff's office recommends the following improvements for this gravel pit
operation:
1. The sheriff's office requests that gravel trucks transporting materials out of the
area on county roads assure that their loads are covered, thus reducing loose
materials on the roadway and the amount of damage to vehicles.
2. The Sheriffs Office also requests that gravel trucks and other vehicles leaving
the site do not bring foreign materials on to the roadways on their tires. This
may be accomplished by paving a short distance prior to entering the public
roadway.
3. The sheriff's office would be willing to provide a program entitled Crime
Prevention through Environmental Design to the developer. This program
reduces the likelihood of criminal activity at a specific location by
"hardening" it to crime.
The Sheriff's Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the 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.
(.71:ctiO;;Nt.„), Weld County Referral
wi ' August 25, 2004
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant John File, Farfrumwurkin LLP Case Number USR-1488
Please Reply By September 22, 2004 Planner Jacqueline Hatch
Project Site Specific Development Plan and Special Review Permit for a mineral resource
development facility including dry open pit mining and materials processing in the A
(Agricultural)Zone District.
Legal E2SW2 & N2 SE4 & part of the W2W2 of Lot B of RE-3474; being part of the
W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of
Section 31, T2N, R68W of the 6th P.M.,Weld County, Colorado.
Location South of and adjacent to Hwy 52;west and east of and adjacent to CR 3-1/4.
Parcel Number 1313 32 300038, 1313 32 300039, 1313 32 300040 and 1313 31 000036
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) October 19, 2004
❑ 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.
fi' See attached letter.
Comments:
Signature Ct., �ISO� Date ,,_k O•A
1
Agency
9 y (�� l)<e“D
+Weld County Planning Dept. +918 10t Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Mpur+rq/N MOUNTAIN VIEW FIRE PROTECTION DISTRICT
• E Administrative Office:
i -1h� s 9119 County Line Road• Longmont, CO 80501
(303) 772-0710• FAX (303) 651-7702
VIEW
September 14, 2004
Ms. Jacqueline Hatch
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Dear Ms. Hatch:
I have reviewed the submitted material pertaining to the Site Development Plan and Special
Review Permit for a mineral resource development facility south and adjacent to Highway 52 and
east of and adjacent to Weld County Road 3.25 (Case Number: USR-1488, Case Name: John
File, Farfrumwurkin LLP). The Fire District has no objections to the project if the requirements
of the District can be met.
All operations shall be in accordance with the Uniform Fire Code as ratified by the Weld County
Commissioners. The principal applications of the Uniform Fire Code to a gravel operation will
be for tank installations for flammable or combustible liquids and any fueling operations. Tanks
installed for flammable or combustible liquid storage or dispensing, either temporary or
permanent, need to be installed in accordance with the requirements of the Uniform Fire Code
and plans for the installation must be reviewed and approved by the Fire District prior to
installation.
We appreciate being involved in the planning process. Should you have any questions, please
contact me at 303-772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: project file
Ip09.17.04
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514
_
16
Weld County Referral
IAugust 25, 2004
C.
COLORADO c €_30-eel
The Weld County Department of Planning Services has received the following item for review:
Applicant John File, Farfrumwurkin LLP Case Number USR-1488
Please Reply By September 22, 2004 Planner Jacqueline Hatch
Project Site Specific Development Plan and Special Review Permit for a mineral resource
development facility including dry open pit mining and materials processing in the A
(Agricultural)Zone District.
Legal E2SW2 & N2 SE4&part of the W2W2 of Lot B of RE-3474; being part of the
W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of
Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location .Cautpof and adjacent to Hwy 52; west and east of and adjacent to CR 3-1/4.
Parcel Number 1313 32 300038, 1313 32 300039, 1313 32 300040 and 1313 31 000036
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) October 19, 2004
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
\O We have reviewed the request and find no conflicts with our interests.
1 I See attached letter.
Comments:
Signature Date
Agency
*Weld County Planning Dept. +918 10t Street, Greeley,CO.80631 +(970)353-6100 ext.3540 •:•(970)304-6498 fax
. •
Longmont Conservation District
9595 Nelson Road, Box D Longmont, Colorado 80501 Phone (303) 776-4034 Fax(303) 684-9893
September 16, 2004
Jacqueline Hatch
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Subject: Comments on Farfrumwurkin LLP USR-1488
Ms. Hatch,
The Longmont Conservation District Board reviewed the above referenced Reclamation
Permit Application during this week's monthly meeting.
We have concerns regarding the request due to the close proximity of a major irrigation
canal, the Boulder& Weld Irrigation system. Also, a noxious weed management plan is
not referenced in the application.
Our concerns can be addressed by utilizing appropriate setbacks from this major
irrigation canal, and the development and adherence to a noxious weed management plan
acceptable to the Weld County Weed District.
Sincerely,
Bill Haselbush, President
Longmont Conservation District
COvsERN./ITION DEI LLOP,II! vT-- SELF GOVERNMENT
Wei 4
5L
Weld County Referral
' August 25, 2004
Ci
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant John File, Farfrumwurkin LLP Case Number USR-1488
Please Reply By September 22, 2004 Planner Jacqueline Hatch
Project Site Specific Development Plan and Special Review Permit for a mineral resource
development facility including dry open pit mining and materials processing in the A
(Agricultural)Zone District.
Legal E2SW2 & N2 SE4 & part of the W2W2 of Lot B of RE-3474; being part of the
W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of
Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Hwy 52; west and east of and adjacent to CR 3-1/4.
Parcel Number 1313 32 300038, 1313 32 300039, 1313 32 300040 and 1313 31 000036
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) October 19, 2004
❑ 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.
_Comments:'411 t
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Signature r l VCS , Date CA/t /of
Agency 267v
-r Access
+Weld County Planning Dept. +918 10t Street,Greeley,CO.80631 1)(970)353-6100 ext.3540 1)(970)304-6498 fax
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tb f em/W rt ,•ltac 6$ ✓ (( au Xi lli ar1
/NT-oF
t • F DEPARTMENT OF THE ARMY
.-. qQ/ `• CORPS OF ENGINEERS,OMAHA DISTRICT
° '^ DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
13;, LITTLETON,COLORADO 80128-6901
•
September 1, 2004
Ms. Jacqueline Hatch
Weld County Planning Department
918 10th Street
Greeley, CO 80631
RE: Farfrumwurkin,LLLP,File Pit, Case No. USR-1488
Corps File No. 200280673
Dear Mr. Schreiner:
Reference is made to the above-mentioned project located in Sections 31 and 32 , Township 2
North, Range 68 West, Weld County, Colorado.
If any work associated with this project requires the placement of dredged or fill material, and
any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States at this site,this office should be notified by a proponent of the project for proper
Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean
Water Act. Waters of the U.S. includes ephemeral, intermittent and perennial streams, their surface
connected wetlands and adjacent wetlands and certain lakes,ponds, drainage ditches and irrigation
ditches that have a nexus to interstate commerce.
Work in waters of the U.S. should be shown on a map identifying the Quarter Section, Township,
Range and County of the work and the dimensions of work in each area of waters of the U.S.
If there are any questions concerning this matter please call Mr. Terry McKee of this office at
303-979-4120 and reference Corps File No. 200280673.
Sincerely,
Tim by T. arey
Chief, r Regu Office
200280673
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
rflepartment of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 ( 1 DIVISION OF
Phone:(303)866-3567 • MINERALS
FAX:(303)832-8106 _ GEOLOGY
-
RECLAMATION•MINING
SAFETY•SCIENCE
Notice of 1 17 Conctnictinn Materials Bill Owens
Governor
Reclamation Permit Application Consideration
Russell George
Executive Director
Ronald W.Cattany
Division Director
DATE: August 27, 2004 Natural Resource Trustee
TO: Weld County Planning Department
918 10th St
Greeley, CO 80631
FROM: Thomas A. Schreiner, Environmental Protection Specialist bt Pr enR5
RE: Farfrumwurkin, LLLP, File Pit 112, File No. M-2004-047
..-.Please be advised that on August 27, 2004, Farfrumwurkin, LLLP, whose address and telephone number are
1163 Oakhurst Dr., Broomfield, CO 80020. (303) 404-3225, filed an application to conduct Surface extraction of
construction materials and reclamation, at or near Section 31, Township 2N, Range 68W, 6th Prime Meridian, in Weld
County. Please be advised that the permit area may be located in more than one Section. Township, and Range. The
application decision is scheduled for November 25. 2004.
A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the
Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203.
If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the
newspaper public notice to be considered in the application review process by the Division. You should contact the
applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the
public comment period, the Office will assume you have no objection or comment to the proposed activity.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
STATE OF COLORADO
.OFFICE OF THE STATE ENGINEER pe:co�
Division of Water Resources � q
Department of Natural Resources
It iintl
1313 Sherman Street, Room 818
Denver,Colorado 80203 are}
Phone(303)866-3581 August 31, 2004
FAX(303)866-3589
Bill Owens
www.water.state.co.us Governor
Russell George
Jacqueline Hatch Executive Director
Weld County Planning Dept. Hal D.Simpson,BE.
918 10th Street Stale Engineer
Greeley, CO 80631
RE: Site Specific Development and Special Review Permit for a mineral
resource development facility
Case No. USR-1488
Section 32,T2N, R68W and Section 31,T2N, R68W, 6th P.M.
Water Division 1,Water District 6
Dear Jacqueline Hatch:
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning
directors, this office is no longer providing comments on land use actions that do not involve a
subdivision as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to
qualify as a"subdivision". However the following comments are provided for your information.
We have reviewed the above referenced proposal for a Site Specific Development and
Special Review Permit for a mineral resource development facility.
Based on the submitted information it appears that the Gravel Mining operation will cause
depletions to the South Platte River due to evaporative losses from exposed ground water and
operational losses. A Temporary Substitute Water Supply Plan (SWSP) has been obtained
by the applicant to replace the depletions caused by the operation. The approved plan is
currently valid through May 31, 2005.
Gravel pit operators typically must first obtain approval from the Colorado Division of
Minerals and Geology(DMG)prior to mining.As part of that process the applicant 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.
Sincerely,
/L C7
Kenneth W. Knox
Chief Deputy State Engineer
WHF/JMW
CC: Jim Hall, Division 1 Office
STATE OF COLORADO
.-.OFFICE OF THE STATE ENGINEER ��of co o\
Division of Water Resources FQ
Department of Natural Resources Weld County Planning Denirtrn?pt
1313 Sherman Street, Room 818 GREELEY orcaf.
Denver,Colorado 80203 /876'6//
Phone(303)866-3581 October 18, 2004 -
FAX(303)866-3589 0 C T 2 9 2L4 Bill Owens
www.water.state.co.us Governor
RECEIv Russell George
Jacqueline Hatch Executive Director
Weld County Planning Dept. Hal D.Simpson,RE.
918 10th Street State Engineer
Greeley, CO 80631
RE: Site Specific Development and Special Review Permit for a mineral
resource development facility
Case No. USR-1488
Section 32,T2N, R68W and Section 31,T2N, R68W, 6th P.M.
Water Division 1,Water District 6
Dear Jacqueline Hatch:
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning
directors, this office is no longer providing comments on land use actions that do not involve a
subdivision as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to
qualify as a "subdivision". However the following comments are provided for your information.
We have reviewed the above referenced proposal for a Site Specific Development and
Special Review Permit for a mineral resource development facility.
Based on the submitted information it appears that the Gravel Mining operation will cause
depletions to the South Platte River due to evaporative losses from exposed ground water and
operational losses. A Temporary Substitute Water Supply Plan (SWSP) has been obtained
by the applicant to replace the depletions caused by the existing gravel mining operation
(File Pit II), however, any expansion of use beyond what is covered in SWSP will require a
new Substitute Water Supply Plan and well permit.
Gravel pit operators typically must first obtain approval from the Colorado Division of
Minerals and Geology(DMG) prior to mining. As part of that process the applicant 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.
Sincerely,
Kenneth W. Knox
Chief Deputy State Engineer
WHF/JMW
CC: Jim Hall, Division 1 Office
DEC+10-2004 04_01PMt FROM-WEILAND INC 3034360953 T-332 P.002/006 F-306
STATE OF COLORADO
3FFICE OF THE STATE ENGINEER
Jivitlon of Water Resources t�
Department of Natural Resources 4 v
1313 Sherman Street, Room 818 vr� }
Denver,Colorado 00203 • aye
Phone(903)866-3581
FAX(303)066-3589 BIII Owens
ww.vwater-state.ec.W December 10, 2004 Covornor
Russell C.enrge
Etecubve Director
Mal D.Simpsrzn,P.E.
State Engineer
Mr. Peter Wayland
Weiland, Inc.
10395 West Colfax, Suite 350
Lakewood Co 80215
Re: Substitute Water Supply Plan, Farfrumwurkin, LLLP, File Pit II-M2004-047
Sections 31 &32, T2N, R68W, 6th P.M.
Water Division 1, Water District 6, Weld County
Dear Mr.Wayland:
The State Engineer's Office has completed a review of your November 10,2004 requestfor renewal
and amendment of the substitute water supply plan for the Farfrumwurkin, LLLP, File Pit II. The original
plan was approved on November 10, 2003. The purpose for the amendment is to account for changes in
depletions at the site. The required fee of $217 for the renewal substitute water supply plan has been
submitted.According to the information provided,the File Pit II site was designated as 111c special permit
that identified a pit area of approximately 13.4 acres.The site is being expanded under a new 112 permit,
from 13.4 acres to approximately 106 acres.
The anticipated net depletion for this plan is 19.38 acre-feet per year.Mining at the site is proposed
to begin in January of 2005. There will be approximately 1.5 acres of water surface exposed after
December 31, 1980 in the dewatering trenches and a sediment pond (D.5 acres in the dewatering
trenches and 1-acre sediment pond). Dewatering trenches will be placed around the pit and pumped to
facilitate dry mining. Any lagged stream depletions to Boulder Creek resulting from pumping of the
dewatering trenches will be offset by placing the water collected from dewatering directly into a recharge
well located approximately the same distance from the river as the dewatering trenches.The recharge well
will utilize an existing well, located northeast of the proposed excavation.The existing well to be used for
recharge must be permitted in accordance with Section §37-92-602,C.R.S. as a monitoring well. Water
may be discharged Into this well only after obtaining all discharge permits and approvals as required by the
Colorado Department of Public Health and Environment, and the Environmental Protection Agency.
According to the information submitted, no water surface was exposed within the reclamation permit
boundary prior to January 1, 1981.
You have provided a monthly breakdown of the annual depletions at this site.There are 3.66 acre-
feet of evaporative loss, 14.72 acre-feet of water lost with the mined product associated with the mining of
up to 500,000 tons of aggregate and 1.00 acre-foot of water used for dust control. No phreatophyte credit
has been applied to this plan.
The proposed source of replacement for this pit is 22.28 acre-feet of fully consumable water leased
from the City of Louisville and made available at its wastewater treatment plant.A 15 percent river transit
loss Is included in this amount.The monthly depletions and replacement requirements are found on the
attached Table I.
DEC 10-2004 04:O1PM FROM-WEILAND INC 3034360953 T-332 P.003/006 F-306
Mr. Peter Wayland Page 2
M2004-047-File Pit II
December 10,2004
I hereby approve the proposed substitute water supply plan in accordance with§37-90-137(11),
C.R.S., subject to the following conditions:
1. This plan shall be valid through January 28,2005 unless otherwise revoked or modified.This plan
will be extended until December 31, 2005, if a lease for a minimum of 22.28 acre-feet of fully
consumable replacement water from the City of Louisville forthe remainder of 2005 is provided to
the State Engineer's Office by January 28, 2005.
2. Subject to the requirement of condition 1 above, if this plan is extended until December 31,2005
and will not be made absolute by a water court action by the plan's expiration date, a renewal
request must be submitted to this office with the statutory fee (currently $217) no later than
November 15, 2005.
3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11),
C.R.S. in conjunction with this plan. A well permit application was submitted to this office under
receipt no. 531886-A, and this application is pending evaluation by this office.The provisions of
Colorado Revised Statute§37-90-137(2)prohibit the issuance of a permit for a well to be located
within 600 feet of any existing well,unless the state engineer finds that circumstances so warrant
after a hearing held in accordance with the procedural rules in 2OCR402-5. This hearing may be
waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying
that they have no objection to your use of the proposed well. Should a new well permit be denied
for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply
plan will be cancelled,
4. A monitoring and observation well permit must be obtained for the well to be used for recharge of
the water produced from the dewatering operation in accordance with§37-92-602,C.R.S.Water
may be discharged into this well only after obtaining all discharge permits and approvals as
required by the Colorado Department of Public Health and Environment, and the Environmental
Protection Agency.
5. The total surface area of the groundwater exposed at the File Pit II site after December 31, 1980
must not exceed 1.5 acres resulting in 3.66 acre-feet per year of evaporative loss.
6. The annual water used for dust control at the File Pit II site shall not exceed 1.00 acre-foot,and the
total product mined at the File Pit II site shall not exceed 500,000 tons resulting In 14.72 acre-feet
of water lost with product.
1. Total consumption at the pits) must not exceed these aforementioned amounts unless an
amendment is made to this plan.
8. The existing lease of the replacement water is evidenced by an agreement with the City of
Louisville dated December 8,2004.A copy of the agreement has been furnished to this office on
December 9.2004.The agreement is valid until January 28,2005.A City Council approved water
lease for 2005 will supercede this existing lease. A copy of the 2005 water lease must be
submitted to this office by January 28, 2005. All replacement water must be concurrent with
depletions In quantity,timing and location.
9. Approval of this plan Is for the purposes as stated herein. This office must first approve any
additional uses for which the water may be used. Any future additional historic consumptive use
credit given (e.g.,agricultural water transfer)for this site must consider all previous credits given.
DEC_10-2004 04:02Pµ FROM-WEILAND INC 3034360953 T-332 P.004/006 F-306
Mr. Peter Wayland Page 3
M2004-047-File Pit II ,
December 10,2004
10.All pumping for dust control shall be measured In a manner acceptable to the division engineer.
11.The replacement water that is the subject of this plan cannot be sold or leased to any other entity.
As a condition of subsequent renewals of this substitute water supply plan,the replacement water
must be appurtenant to this site until a plan for augmentation is obtained.A copy of this approval
letter should be recorded with the County Clerk and Recorder. All replacement water must be
concurrent with depletions in quantity, timing,and locations.
12.Adequate accounting of depletions and replacement must be provided to the division engineer in
Greeley and the water commissioner on a monthly basis or other Interval acceptable to both of
them, The accounting form provided with your application is subject to modification and approval
by the division engineer. All amounts shall be in acre-feet.
13.The name, address, and phone number of a contact person who will be responsible for the
operation and accounting of this plan must be provided on the accounting forms to the division
engineer and water commissioner.
14. If reclamation of the mine site produces a permanent water surface exposing groundwater to
evaporation, an application for a plan for augmentation must be filed with the Division 1 Water
Court at least three years prior to the completion of mining to include, but not be limited to, long-
term evaporative losses.If a lined pond results after reclamation,replacement of lagged depletions
shall continue until there is no longer an effect on stream flow.
15. Dewatering at this site will produce delayed depletions to the stream system, Any lagged stream
depletions to Boulder Creek resulting from pumping of the dewatering trenches is to be offset by
placing the water collected from dewatering directly into a recharge well located approximately the
same distance from the river as the dewatering trenches.
16. It the dewatering of this site is discontinued,the pit would fill creating additional depletions to the
stream system due to Increased evaporation.To assure that additional depletions to the river does
not occur,a bond for$119.634 through 0MG for lining or backfilling of the lake has been obtained.
Therefore, if the dewatering is discontinued this bond can finance the completion of the lining of
this pit or the backfilling, thus preventing depletions to the stream system,
17. Applicant shall continue to replace all lagged depletions to the stream system in time,location,and
amount, Applicant must have adequate accounting and demonstrate to the water commissioner
and the division engineer that all lagged depletions are being replaced.
la, This substitute water supply plan may be revoked or modified at anytime should it be determined
that injury to other vested water rights has or will occur as a result of this plan.
19. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication
of a permanent plan for augmentation,all excavation of product from below the water table and all
other use of water at the pit must cease immediately.
2D. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and
Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute
supply is of a quality to meet requirements of use to which the senior appropriation receiving the
substituted supply has normally been put. As such, water quality data or analyses may be
requested at any time to determine if the requirements of use of the senior appropriator are met.
DEC-I0-2004 04:02PM FROM-WEILAND INC 3034360953 1-332 P.005/006 F-306
VYY IY VY Y...uu,x ,-.x . - ..-.-. .. •
Mr. Peter Wayland Page 4
M2004-047-File Pit II -
December 10,2004
21.The decision of the state engineer shall have no precedentiai or evidentiary force,shall not create
any presumptions,shift the burden of proof, or serve as a defense in any pending water court case
or any other legal action that maybe initiated concerning this plan. This decision shall not bind the
state engineer to act in a similar manner in any other applications involving other plans,or in any
proposed renewal of this plan, and shall not imply concurrence with any findings of fact or
conclusions of law contained herein,or with the engineering methodologies used by the Applicant.
Please contact loana Comaniciu in Denver at(303)8664581,or Dave Nettles in Greeley at(970)
352-8712, if you have any questions concerning this approval.
Sincerely,
kips
Jeff Deatherage P.E.
Water Resource Engineer
cc: Dave Nettles,Assistant Division Engineer(810 9°1 Street,21d Floor,Greeley,Colorado 80631,970-
352-8712)
Bob Carlson,Water Commissioner District6(P.D. Box 380,Erie,Colorado 80516,303-438-9303)
Division of Minerals and Geology
Jacqueline Hatch, Weld County Planning Department
DEC:10-2004 04:03PM FROM-WEILAND INC 3034360053 T-332 P.006/006 F-306
Mr. Peter Wayland Page 5
M2004-047-FIle Pit II
December 10,2004
Table I
Farfrumwurkin LLLP-File Pit 11-M-2004-047
MONTHLY DISTRIBUTION FOR DEPLETION AND REPLACEMENT REQUIREMENTS
(All values in Acre-Feet)
i
Total City of Louisville'
Month Evaporative Water Lost with Water Lost for Dust Operational Leased WElt
Depletions Mined Product Suppression Depletions includes 15/a
(Lagged) transit loss)
January 0.11 0.49 0.08 1.68 1.93
February 0.14 0.49 0.08 1.61 1.86
March 0.17 1.23 0.08 1.55 1.78
April 029 1.23 0.08 1.50 1.72
May 0.37 1.23 0.08 1.49 1.71
June 0.55 1.96 0.08 1.50 1.72
July 0.63 1.96 0.08 1.53 1.76
August 0.55 1.96 0.08 1.60 1.85
September 0,38 1.23 0.08 1.68 1.94
October 0.22 1.23 0.08 1.74 2.00
November 0.14 1.23 0.08 1.75 2.01
December 0.11 0.49 0.08 1.74 2.00
Total 3.66 14.72 1.00 19.38 22.28 —
Notes: Transit loss is 15 percent from the City of Louisville wastewater treatment plant to the site
based on the information received from the water commissioner.
DEC-17-04 16:42 FROM-DIVISION OF WATER RESOURCES 3038662223 T-225 P.02/04 F-215
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
!r Division of Wavr RInourre; of c 0.
ieparmenr of Na ural he+nurre5 F�/ �
1313 Shurm4n Srreer, Room 818 December 17, 2004 �''
Domcr. Colorado 80203 .
Phone(.103)866-3581
FAX(303)866-3585 --
W ww.wareisr3rcco.us 6dl Uwco>
Co.ernnr
R.,iiEll Ccvr u
Mr. Peter Wayland E en o r urcccu r
Weiland, Inc. nal U �,mp on PE
10395 West Colfax, Suite 350 Star?Enbiricrr
Lakewood Co 80215
Re: Substitute Water Supply Plan, Farfrumwurkin, LLLP, File Pit 11-M2004-047
Sections 31 & 32, T2N, R68W, 6th P.M.
Water Division 1, Water District 6, Weld County
Dear Mr. Wayland:
We have received your letter of December 15,2004,requesting amendment to our approval of
December 10,2004 of the above referenced substitute water supply plan.This amendment will change
the source of the replacement water used to cover the 2005 depletions at the File Pit II. The new
source of replacement water for this pit is 22.28 acre-feet of fully consumable water leased from the
City of Lafayette(Lafayette)and made available at its wastewater treatment plant for delivery to Coal
Creek as described in the referenced lease. The fully consumable and reusable water can be
provided from Lafayette's decreed water rights that contain fully consumable and reusable credits.
The A 15 percent river transit loss is included in this amount. The monthly depletions and
replacement requirements are found on the attached Table I.
All conditions listed in the original substitute water supply plan approved for the File Pit II on
December 10, 2004 remain in effect except as modified below. A copy of the original approval is
attached for your reference.
1. Unless otherwise revoked or modified,this plan shall be valid through December 31,2005. If
this plan will not be made absolute by a water court action by the plan's expiration date, a
renewal request must be submitted to this office with the statutory fee (currently $217) no
later than November 15, 2005.
2. The existing lease of the replacement water is evidenced by an agreement with the City of
Lafayette dated December 15, 2004. A copy of the agreement has been furnished to this
office on December 15, 2004. The new replacement water lease agreement is valid from
January 1, 2005 though December 31, 2005. This new water lease agreement will
supercede the previous replacement water lease agreement with the City of Louisville. All
replacement water must be concurrent with depletions in quantity, timing and location.
3. Adequate accounting of depletions and replacement must be provided to the division
engineer in Greeley and the water commissioner on a monthly basis or other interval
acceptable to both of them. The accounting form provided with your application is subject to
modification and approval by the division engineer and the water commissioner. The
accounting form provided to the division engineer and the water commissioner must identify
the source of the fully consumable water available each month from the City of Lafayette and
the decree that applies to that fully consumable water. All amounts shall be in acre-feet.
DEC-17-04 16:42 FROM-DIVISION OF WATER RESOURCES 3038662223 T-225 P.O3/O4 F-215
Mr. Peter Waylana Page 2
M2004-047-File Pit II
December 17, 2004
Please contact loana Comaniciu in Denver at(303)866-3581,or Dave Nettles in Greeley at
(970) 352-8712, if you have any questions concerning this approval.
Sincerely,
Jeff Deatherage P.E.
Water Resource Engineer
Attachments: Table I
cc: Dave Nettles, Assistant Division Engineer (810 9'" Street, 2"° Floor, Greeley, Colorado
80631, 970-352-8712)
Sob Carlson,Water Commissioner District 6(P.0. Box 380,Erie,Colorado 80516,303-438-
9303)
Division of Minerals and Geology
Jacqueline Hatch, Weld County Planning Department
DEC-17-04 16:42 FROM-DIVISION OF WATER RESOURCES 3038662223 T-225 P.04/04 F-215
Mr. Peter Wayland Page 3
M2004-047-File Pit II
December 17, 2004
Table I
Farfrumwurkin LLLP-File Pit II-M-2004-047
MONTHLY DISTRIBUTION FOR DEPLETION AND REPLACEMENT REQUIREMENTS
(All values in Acre-Feet)
Total City of Lafayette
Month Evaporative Water Lost With Water Lost for Operational Leased Water
Depletions Mined Product Dust Suppression Depletions (includes 15%
(Lagged) transit loss)
January 0.11 0.49 0.08 1.68 1.93
February 0.14 0.49 0.08 1.61 1.86
March 0.17 1.23 0.08 1.55 1-78
April 0.29 1.23 0.08 1.50 1.72
May 0.37 1.23 0.08 1.49 1.71
June 0.55 1.96 0.08 1.50 1.72
July 0.63 1.96 0.08 1.53 1.76
August 0.55 1.96 0.08 1.60 1.85
September 0.38 1.23 0.08 1.68 1.94
October 0.22 1.23 0.08 1.74 2.00
November 0.14 1.23 0.08 1.75 2.01
December 0.11 0.49 . 0.08 1.74 2.00
Total 3.66 14.72 1.00 19.38 22.28
Notes: Transit loss is 15 percent from the City of Lafayette wastewater treatment plant to the
site based on the information received from the water commissioner.
2004 THU 03:02 PM K P KAUFFMAN FAX NO. 303 825 4825 P. 01
Ii. P. KAUSFMA.N COMPANY, INC.
WORLD TRADE CENTER
MVO BROADWAY, 28TH FLOOR
OERvER, COLORADO OO2O&-4628
TELEPHONE(opal DES-Aa22
FACSIMILE(3033 a25.4525
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FACSIMILE COVER LETTER
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TO: , (2 L1/
NUMBER OF PAGES (Including Cover Sheet):
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FROM: J iZtrz- D. /4Vi
NOTE: Obi, r A A
If you have problems receiving this transaction,please contact us at 303-825-4822
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J4 THU 03:02 PM K P KAUFFMAN FAX NO. 303 825 4825 P. 02
iresHalst, Weld County Referral
wive RECEIVED August 25, 2004
AUG 2 7 2004
COLORADO KP.KAUFFMAN COMPANY,INC.
The Weld County Department of Planning Services has received the following item for review:
Applicant John File, Farfrumwurkin LLP_ Case Number USR-1488
Please Reply By September 22, 2004 Planner Jacqueline Hatch
Project Site Specific Development Plan and Special Review Permit for a mineral resource
development facility including dry open pit mining and materials processing in the A
(Agricultural)Zone District.
Legal E2SW2&N2 SE4& part of the W2W2 of Lot 8 of RE-3474; being part of the
W2W2 of Section 32, T2N, R68W; and part of the SE4 of Lot B of RE-1775 of
Section 31,T2N, R68W of the 6th P.M.,Weld County, Colorado.
Location South of and adjacent to Hwy 52; west and east of and adjacent to CR 3-1/4.
Parcel Number 1313 32 300038, 1313 32 300039, 1313 32 300040 and 1313 31 000036
The application is submitted to you for review and recommendation. Any coniments 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. My response not received before or on this date may be
deemed to be a positive response to the Department of Planning S.ervices. 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) October 19, 2004
•- r
A We have reviewed the request and find(ha 1. �. i amply with our Comprehensive Plan
CI We have reviewed the request and find no con'tcts w t our interests.
J See attached letter.
Comments: kg/
/ N LS •4% s G/ Ste ` P k/.
Signature Date 9/li/c /
Agency _
+Weld County Planning Dept. +918 10"'Street,Greeley,CO.80631 •(970)353-6100 ext3540 0(970)304-6498 fax
1
STATE OF COLORADO
Bill Owens,Governor C T hO
DEPARTMENT OF NATURAL RESOURCES '/
DIVISION OF WILDLIFE
.$
AN EQUAL OPPORTUNITY EMPLOYER OF
Bruce McCloskey, Director
6060 Broadway For Idlife-
Denver,Colorado 80216 For People
Telephone:(303)297-1192
To: Jacqueline Hatch
Department of Planning Services—Weld County
918 101h Street
Greeley,CO 80631
Re: Case Number USR-1488
John Fife,Applicant
Farfrumwurkin LLP
September 27, 2004
Dear Ms. Hatch,
Thank you for giving the Colorado Division of Wildlife the opportunity to comment on the Farfrumwurkin LLP
proposed gravel mining operation. This mine will extract construction materials(sand and gravel)for roadway
construction projects and concrete construction projects. Material extraction is expected to occur over a period of
six years, after which reclamation of the mine site will occur. This proposed project is located south of and
adjacent to Hwy 52, and adjacent to CR3-1/4 in Weld County.
Shortgrass prairie is the dominant vegetation type at the project site. This site is currently used for grazing, and for
irrigated cropland. There are no groundwater pumping wells,riparian areas, or other significant bodies of water in
close proximity to the proposed mining operation.
Creation of a gravel mine may have impacts on prairie wildlife, including, but not limited to,mule deer
(Odocoileus hemionus),red fox(Vulpes vulpes), black-tailed prairie dog(Cynomys ludovicianus), bobcat(Lynx
rufus), coyote(Canis latrans),raccoon(Procyon rotor), striped skunk(Mephitis mephitis), American badger
(Taxidea taxus), deer mouse(Peromyscus maniculatus)and house mouse(Mus musculus).
Species such as these may utilize the proposed project site for feeding or burrowing activities,and will likely be
displaced by the gravel mine. Ground-nesting avian species such as the song sparrow(Melospiza melodia)and
white-crowned sparrow(Zonotrichia leucophrys)may also be affected.
The Division of Wildlife recommends that initial stripping of topsoil be avoided between the months of April and
July. This will minimize negative impacts to burrowing and ground-nesting wildlife. If black-tailed prairie dogs
are found to inhabit the project site,they should be live relocated or humanely euthanized. The Division of
Wildlife can provide further information about these options if necessary.
Reclamation of the gravel pit will occur after mining operations have ceased. The gravel pit will be lined with
inorganic clay to prevent seepage, and will be used as a water storage facility. A 58-acre pond is expected to result,
which will likely provide habitat for waterfowl.
Prior to the mining of underlying gravels,stripped topsoil will have been stockpiled for use in later reclamation.
This topsoil will be replaced on the berm and outer slopes of the pit, and re-seeding will take place. The Division
DEPARTMENT OF NATURAL RESOURCES,Russell George,Executive Director
WILDLIFE COMMISSION,Philip James,Chair•Jeffrey Crawford,Vice-Chair•Brad PI'elps,Secretary
Members,Bernard Blade•Tom Burke•Ridc Enstrom•Claire O'Neal•Robert Shoemaker•Ken Torres
Ex Officio Members,Russell George and Don Ament
of Wildlife recommends that a native seed mix be used,and that a weed control program is in place to minimize
the establishment of invasive plant species in the disturbed area. Measures should also be in place to minimize soil
erosion until the new vegetation is established.
Thank you for the opportunity to comment on this proposed project. Feel free to contact Claire Solohub at(303)
291-7142 with any questions.
Sincerely,
•
Ate,
ct t y�c k _
ff,
Scott Hoover
Northeast Regional Manager
Colorado Division of Wildlife
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS & KAHN FAX 303-413-1003
JEFFREY J.KAHN
JOHN W.GADDIS Mailing address:
BRADLEY A.H APIROFESSIONAL CORPORATION POST OFFICE BOX 978
STEVEN P.JEFFL Id County Planning DepartthP'[.111,Q RNEYS AND COUNSELORS LONGMONT,CO 80502-0978
WENDY SLEE RUDNBC CREELEY OFFICE
Street address:
ANTON V.DWORAK
SECOND FLOOR
ADELE L.REESTER Q C T 1 8 2004 515 K1MBARK STREET
EVE I.CANFIELD
RECEIVED October 15, 2004 Jkahn@blglaw.com
Jacqueline Hatch, Planner VIA FAX 970-304-6498
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Re: Notice of Comments and Objection to Site Specific Development Plan and Special Review
Permit Case Number USR-1488 (Permit Application for File Pit 112).
Dear Ms. Hatch:
We are commenting on behalf of District Six Water Users Association and the New
Consolidated Lower Boulder Reservoir and Ditch Company. We have confirmed with Office of
the State Engineer on October 15, 2004, that the required application for a well permit and a
Substitute Water Supply Plan for the above referenced application have not been filed with the
State Engineer's Office. File Pit 112 DMG Permit Application states in paragraph 6.4.4.3 that a
"well permit is currently in place for the existing 111c operation, which will be amended for the
entire project". No amendment or new application has been filed. Until the same are applied for
and approved, the Construction Materials Operation Reclamation Permit filed with the Colorado
Mined Land Reclamation Board cannot be approved. Therefore, the File Pit 112 Use by Special
Review should not be approved.
Let me know if you have questions.
Very truly yours,
Bernard, Lyons, Gaddis, & Kahn
a Pr essio Corporation
By
J f y a
cc: Carl Mount, Division of Minerals and Geo
Les Williams, President, District Six Water sers Association
David Yardley, Secretary New Consolidated Lower Boulder Reservoir and Ditch Co.
Joanna Williams, Office of the State Engineer
Iona Comaniciu, Office of the State Engineer
Peter Wayland, Wayland, Inc.
John File, Farfrumwurkin LLLP
F:\Clients\W\WUA\DISTRICT 6 USERS\WUA-FR oblectlon to County USR file pit 112.doc 10/15/04
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS DDIS ,Q: JII1�T FAX 303-413-1003
JEFFREY.1 KAHN vHaJLl�.7 w 111\
JOHN W.GADDIS Mailing address:
BRADLEY A.HALL A PROFESSIONAL CORPORATION POST OFFICE BOX 978
ATTORNEYS AND COUNSELORS LONGMONT,CO 80502-0978
STEVEN P.JEFFERS
WENDY SLEE RUDNIK
Street address:
ANTON V.DWORAK SECOND FLOOR
ADELE L.REESTER 515 KIMBARK STREET
EVE I.CANFIELD
jkahn@blglaw.com
October 15, 2004
Weld County Planning Depa ent 303-832-8106
Division of Minerals and Geology GREELEy 0FFICEAX
1313 Sherman St., Rm. 215
Denver, CO 80203 OCT 1 8 2004
ATTN: Mr. Carl Mount RECEIVED
Re: Notice of Comments and Objection to Construction Materials Operation Reclamation
Permit for the Mine Known as FILE PIT 112 in File Number M2004047
Dear Mr. Mount:
We are commenting on behalf of District Six Water Users Association and the New
Consolidated Lower Boulder Reservoir and Ditch Company. We have confirmed with Office of
the State Engineer on October 15, 2004, that the required application for a well permit and a
^ Substitute Water Supply Plan for the above referenced application have not been filed with the
State Engineer's Office. File Pit 112 DMG Permit Application states in paragraph 6.4.4.3 that a
"well permit is currently in place for the existing 111c lc operation, which will be amended for the
entire project". No amendment or new application has been filed. Until the same are applied for
and approved, the Construction Materials Operation Reclamation Permit filed with the Colorado
Mined Land Reclamation Board cannot be approved.
Let me know if you have questions.
Very truly yours,
Bernard, Lyons, Gaddis, & Kahn
a Pr essio a orporation
By
J fr J a
cc: Les Williams, President, District Six Wate sers Association
David Yardley, Secretary New Consolidated Lower Boulder Reservoir and Ditch Co.
Joanna Williams, Office of the State Engineer
Iona Comaniciu, Office of the State Engineer
John File, Farfrumwurkin LLLP
Jacqueline Hatch, Planner, Weld County Department of Planning Services
Peter Wayland, Wayland, Inc.
F:\Clients\W\WUA\015TRI CT 6 USERS\W UA-FR DMG objection to File Pit 112.doc 10/15/04
Bernard Lyons Gaddis Et. Kahn
A Professional Corporation Attorneys and Counselors
Weld County Planning De ;r„nnt
January 4, 2005 GREELEY OFFICE
Peter Wayland JAN 05 2005
Weiland, Inc.
10395 West Colfax, Suite 350 RECEIVED
Lakewood, CO 80215
Re: Substitute Water Supply Plan, Farfrumwurkin, LLLP, File Pit !l-M2004-047
Sections 31 &32, T2N, R68W, 6th P.M.
Water Division 1, Water District 6, Weld County
Dear Mr.Wayland:
As you know, I represent the interests of the New Consolidated Lower Boulder Reservoir and Ditch
Company and the Waters Users Association of District No. 6. You have called several times
regarding the position of those entities in your Application for Mining Permit. i have reviewed a letter
dated December 10, 2004 from the State Engineer's office to you and have the following questions
and requests:
1. Please provide a copy of the lease with Louisville dated December 8, 2004. Is there a
draft of the lease that you expect to enter into for 2005? If so, please provide.
2. Please provide all discharge permits and approval as well as an Environmental Protection
Agency permit for your recharge well. I do not believe the recharge well can be operated
without a permit from the Environmental Protection Agency. There may also be required
permits from the Colorado Department of Health.
3. Please provide copy of the accounting for previous operations of this pit under the
previous SWSP.
Let me know if you have any questions or comments. I await your response.
Sincerely yours,
BERNARD, LY• S,GADDIS & KAHN,
a rofes o a Corporati.
By
ffJ-y ahn I
jka n • • _law.co
JJK:bkh
cc: Thomas A. Schreiner, Division of Mineral an - -ology
Jeff Deatherage, P.E., State Engineer's Office
Dave Nettles,Assistant Division Engineer
Bob Carlson,Water Commissioner
Jacqueline Hatch, Weld County Planning Department
f:\clients\w\wua\filly ridge\20050103-JJK-Wayland.doc
515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 www.blglaw.com
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