HomeMy WebLinkAbout20050283.tiff STATE OF COLORADO
—OFFICE OF THE STATE ENGINEER of co ,
)ivision of Water Resources
Department of Natural Resources FeY
1313 Sherman Street, Room 818 x• `�✓�w j
Denver,Colorado 80203 V�`Igj6 j
Phone(303) 866-3581 October 6, 2004
FAX(303)866-3599 Bill Owens
www.water.state.co.us Governor
Russell George
Kim Ogle Executive Director
Weld County Planning Dept. Hal D.Simpson,RE.
State Engineer
918 10th Street
Greeley, CO 80631
RE: Amendment to a Site Specific Development Plan
Case No. AmUSR-1255
Section 30,T2N, R66W, 6th P.M.
Water Division 1,Water District 2
Dear Kim Ogle:
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 an amendment to a site specific
development plan
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. The gravel mining operation must operate under a temporary Substitute
Water Supply Plan (SWSP)or court approved augmentation plan as long as the operation
is causing depletions to the South Platte River. This site currently has a valid SWSP
approved State Engineer's Office.
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, PhD.
Chief Deputy State Engineer
KWK/JMW
CC: Jim Hall, Division 1 Office
2005-0283
EXHIBIT
4-
rsv FORT `r . City of Fort Lupton
ock i.- , -_ wax Planning and Building
on 011110 Department
Performance,Integrity,Teamwork,
Accountability and Service
(303)857-6694 x 125
Fax(303 857-0351
130 S.McKinley Avenue e-mail.planner@frii.net
Fort Lupton,Colorado 80621 http://www.fortlupton.org
October 6, 2004
Ms. Kim Ogle
Department of Planning Services
Weld County
1555 North 17th Avenue
Greeley, CO 80631
Re: Everist Site Specific Development Plan, AmUSR-1255
Dear Kim,
Please be advised that the above-referenced referral will be considered by the
Fort Lupton Planning Commission at its regular meeting on October 12, 2004, at 7:00
p.m. in the Fort Lupton City Hall.
Thank you for the opportunity to respond to this referral. Please call if you have
any questions.
Si cer ,aty_______Joseph A. Racine -
Interim City Planner
EXHIBIT
1
12/02/2004 14:59 3038570351 FT LUPTON PAGE 02
,../-3/4ti FORT los City of Fort Lupton
is , Planning Commission
rniiiiiirrw
tot
Eugene Reynolds—Co-Ctoirperaon Steven!Mohan—CoChairpe'son
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P Su.. .,L,Rp**JG Tbeaaml( Tracey Reynolds Lawrence Carroll
AceomaaepAY and service dunce Davis Edward Engle
S.David Norcross—Ex-Officio Shannon Dreapin-Ex-Ollicio
OCTOBER 12, 2004
7:00 P.M.
DRAFT MEETING MINUTES
1. CALL TO ORDER 7:02 P.M.
2. ROLL CALL:
Gene Reynolds Present Tracey Reynolds Absent
Steve Mitchell Present Bruce Davis Present
Lawrence Carroll Present Edward Engle (alt.) Present
EX-OFFICIO STAFF
S. David Norcross Present Joe Racine, interim City Planner Present
Shannon Crespin Absent Damaris Guerra,Administrative Assistant Present
APPROVAL OF THE AGENDA: Edward Engle moved to amend the Agenda to create item 5A, Workshop
Planning 101 after number 6 and add Item 58 and 5C. Bruce Davis seconded the motion. Motion passed on a
voice vote.
4. APPROVAL OF THE MINUTES: Minutes from September 28, 2004. Mr. Engle moved to approve the
minutes from September 28, 2004. Mr. Davis seconded the motion. Motion passed on a voice vote.
5. DISCUSSION ITEMS:
A. Workshop, "Planning 101" — Workshop presented by the Colorado Department of Local Affairs,
Office of Smart Growth. (This item was deferred to the end of the agenda)
B. Carter Centenial Farms Development
Per the Applicants request, Mr. Racine asked the Planning Commission if would be interested meeting
again with Ed Kauffman in reference to the Carter Centenial Farms Development They agreed to meet
if the proposal has been changed. Mr. Kaufman should provide written information to the City in
advance of any future meeting.
C. Metro Districts
Mr. Jim Sidebottom was seeking input from the Planning Commission about metro districts that might
be developed in the future. Discussion followed regarding the metro districts. The Planning
Commission agreed that the metro districts do not need to be reviewed by the Planning Commission.
— District proposals should go to the Finance Committee and City Council.
12/02/2004 14: 59 3038570351 FT LUPTON PAGE 03
—Planning Commission Agenda September 28, 2004
6. WELD COUNTY REFERRALS:
A. AMUSR-1255 An Amendment to a Site Specific Development Plan and a Special Review Permit for a
Mineral Resource Development Facility, including open pit mining and materials processing; including
asphalt and concrete batch plants. The applicant is L.G.Everist, inc.
Mr. Engle moved to send the referral back to the county, checking the 2"d block, we have reviewed the
request and find no conflicts with our interest, and add a note that the applicant or a representative
were not present. Mr. Reynolds seconded the motion. Motion passed on a voice vote.
B. RE-3955 Application for a Recorded Exemption for two lots located north of WCR20. Applicants are
Chris and Sherry Nesmith.
Joe Racine gave an overview. Discussion followed regarding the lot size requirements. Mr. Engle
moved to send the referral to the county, checking the 2 block, we have reviewed the request and find
no conflicts with our interest. Mr. Reynolds seconded the motion. Motion passed on a voice vote.
C. CZ-1076 Zoning amendment from I-1 to 1-3 for nine acres of land located south of Fort Lupton along
Highway 85. Applicants are Dave and Todd Finley.
Applicants were not present. Mr. Davis moved that we send the referral to the county and check the 3ro
block, see attached letter. The letter should state that the Planning Commission has concerns and
opposes rezoning that would allow heavy industrial uses, especially when the rezoning is speculative
and there are no plan, proposed uses or design criteria. Mr. Engle seconded the motion. Motion
passed on a voice vote.
D. Lochbuie Referral, Blue Lake Filing 81 385 lot residential subdivision, located on the north side of
Lochbuie.
Mr. Racine stated that we should ask the Town of Lochbuie for a copy of their traffic impact study along
HWY 52. Discussion followed regarding the traffic impact we might have along HWY 52. Mr. Engle
moved to send a letter to Tim Katers, the Lochbuie Town Planner, stating that the Planning
Commission does not have any concerns with the project, but we would like a copy of the traffic impact
study. The motion was seconded by Mr. Davis. Motion passed on a voice vote.
7. PUBLIC HEARINGS: None
8. ACTION ITEMS: Deferred item SA-Workshop "Planning 101"
Ms. Andy Hill from the Colorado Department of Local Affairs presented a workshop on planning basics.
9. ADJOURNMENT: Meeting was adjourned at 9:24 p.m.
Page 2 of 2
Platte Valley Soil Conservation District
57 West Bromley Lane- Brighton, CO 80601 - Phone (303) 659-7004- Fax (303) 659-1768
October 7, 2004
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Attn: Kim Ogle
Subject: AmUSR-1255, Amendment to a Site Specific Development Plan and a Special Review
Permit for a Mineral Resource Development Facility, Including Open Pit Mining and Materials
Processing, Including Asphalt and Concrete Batch Plants, in a Agricultural Zone District
In consultation with the Natural Resources Conservation Service(NRCS), we have reviewed the
referenced amended permit application and want to provide the following comments on the
proposed sand and gravel mine in Weld County. The application proposes to mine sand and
gravel on an additional 212 acres, of which approximately 165 acres will be mined. The site is
located near Ft. Lupton, Colorado. Reclamation of the site will be completed to reclaim the
affected land to a water storage reservoir. We have the following comments and
recommendations on this amended permit application.
Reclamation Plan
Topsoil and Overburden Stockpile Berms
The NRCS recommends that topsoil stockpiled for reclamation be segregated from other spoil.
The topsoil and overburden stockpiles should be graded with final slopes no steeper than 4H:IV.
Slopes that are less steep allow easier maintenance, are less susceptible to water erosion and
more readily establish grass protective cover.
It is highly recommended that topsoil and overburden stockpiled over 30 days be seeded
immediately as weather permits to protect the soil. The immediate seeding of these stockpiles
should be done to avoid soil erosion from wind and water, as well as from a weed standpoint.
Weeds are very invasive and move onto disturbed areas very quickly. Some of these can be
noxious weeds and require control based on the state noxious weed list. Through immediate
seeding to promote temporary cover, the opportunity for weed invasion will be less, as will the
potential for erosion. For seeding the stockpiles, Luna pubescent wheatgrass and/or Amur
intermediate wheatgrass are recommended, both of which will establish readily and quickly.
This temporary seeding should be done at a rate of 15 total pounds PLS per acre.
EXHIBIT
i8CONSERVATION - DEVELOPMENT-SELF-GOVERNMENT
2
It is recommended that the applicant coordinate weed treatment plan development and
implementation with Ron Broda, Vegetation Weed Management Specialist with the Weld
County Public Works Department at(970) 356-4000 X 3770,to ensure compliance with the
Weld County code and the Colorado Noxious Weed Act.
Water Storage Reservoir
It is recommended that the final reservoir slopes be no steeper than 3:1, and preferably less steep
such as 4:1 or 5:I,to permit eventual use of the reclaimed water storage reservoir by wildlife.
Steep slopes can discourage wildlife from approaching and using the water reservoir.
Reclamation Re-Vegetation
For those areas to be reclaimed, it is recommended that 12 inches of topsoil be spread in lifts not
to exceed 4 inches and worked into the slopes to ensure good adhesion and to minimize soil
creep. In order to re-establish normal levels of microbial activity in the soil, NRCS agrees with
the applicant's plan to add compost at the rate of three cubic yards per 1000 ft2. Recommended
grass seeding dates are from November 1st through April 30th; seeding should be done in
unfrozen soil. A good quality grass seed drill with an agitator, depth bands and press wheels is
recommended.
The following native grass seed mix and application rate is recommended for re-vegetation in the
soil types found in the mine area. It is based on NRCS "critical area" seeding rates that are
double our normal rates.
100% % in Mix Total LBS of
Common Name PLS/Acre PLS needed
per acre
Western wheatgrass (Arriba, Barton) 16.0 30 4.8
Switchgrass (Blackwell) 10.0 20 2.0
Big bluestem (Kaw) 11.0 15 1.7
Green needlegrass (Lodorm) 10.0 15 1.5
Blue grama (Hachita, Lovington) 3.0 10 0.3
Sideoats grama (Vaughn, Butte) 9.0 10 1.0
Total 100% 11.3
Note: If seed is broadcast,recommended rate should be
doubled.
We recommend mulching re-vegetated areas with clean weed-free straw or native hay. It should
be applied at a rate of 4,000 pounds per acre and crimped into the soil to anchor it. Crimping
should be cross slope or on the contour,if possible. The State of Colorado has a list of certified
weed-free straw available on the intemet or it can be obtained through local county extension
service offices. All surface water should be diverted away from the re-vegetated slopes to a
point where it can safely flow down slopes without the potential of serious soil erosion.
3
Weeds in the re-vegetated areas will need to be controlled by mowing until grasses are
established, usually the first four years after planting for native species. Again,the applicant
should coordinate weed control with Ron Broda, Vegetation Weed Management Specialist with
the Weld County Public Works Department.
Surface and Subsurface Water
The Platte River Conservation District, along with others in the area, is concerned about the
overall loss of water resources, both surface and subsurface, due to mining operations such as
this. There are concerns relative to the effect this mining operation may have on underground
aquifers in the region. The application indicates that a slurry wall will be installed around the
perimeter to seal the reservoir. What will be the impacts of any water"shadowing effects"
downstream of the reservoir? There are numerous wetlands downstream of the proposed mining
operation on the adjacent South Platte River and on tributaries to the river. What will be the
short and long-term impacts to these existing wetlands? The surface area for the proposed water
storage reservoir will be large. What will be the long-term, annual evaporative water loss from
this reservoir?
The Platte River Conservation District welcomes the opportunity to review and comment on this
proposed Amended Use by Special Review. Conservation and wise use of our natural resources
are foremost in our goals and objectives. We look forward to working with you in the future. If
you or the applicant should have any questions, contact the NRCS i cp,esentative at 303-659-
7004.
r
Sine el ,
'strict Board o upervisors
/ a
/, MEMORANDUM
1 v.
TO: Kim Ogle, Planning Manager DATE: October 11, 2004
C FROM: Donald Carroll, Engineering Administrator iyc
COLORADO SUBJECT: AmUSR-1255, L. G. Everist
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article 2, Division IV,
Section 23. Our comments and requirements are as follows:
COMMENTS:
WCR 18 is designated on the Weld County Road Classification Plan (FHU) as a collector status road, which
requires an 80-foot right-of-way at full build out. There is presently a 60-foot 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.
WCR 18 has an average AADT count of 300 to 400 vehicles. There are four existing permitted gravel pits in
"e vicinity of WCR 18 and 25. Two of the gravel pits are operated by Weld County, Koenig and Bearson.
. nese facility are not full-time operations. Northern Colorado Constructors (Zadel Family LLLP, USR-1394)
has a facility located at the intersection of WCRs 18 and 25. The Heit Farms LTD pit is located (USR-1444) at
the intersection of WCR 20.5 and 25.
Traffic Study: The applicant has submitted a traffic study by LSC Transportation Consultants, Inc. dated May
2000. The traffic study indicates that the proposed expansion would generate the same amount of traffic
approximately 162 entering and 162 exiting including 40 passenger vehicles and pickup trips. The proposed
amendment to the USR is to add additional acreages but utilize the same vehicle trips. The applicant indicated
no change. There will be no increase in truck traffic or average production (500,000 tons per year).
REQUIREMENTS:
The US Highway 85 Access Corridor Plan: CDOT has jurisdiction over all access to US Highway 85;
therefore, CDOT shall review the traffic impact study to determine any additional needs that may be required.
Road Maintenance and Improvements Agreement: The applicant shall enter into a new road maintenance
and improvements agreement with the Weld County Public Works Department for the additional safety
improvements to the designated haul route associated with WCR 18 and U.S. Highway 85.
On Site Improvements: The applicant indicated additional future access point for locations B and C as
adjacent properties are mined. The future scale house area and approach roads will be paved for the first 100
feet adjacent to WCR 18. The approach roads shall have adequate turning radiuses and shall be at least a
minimum of 24 feet in width to accommodate two-way traffic.
. EXHIBI
(L4-j
_ Kim Ogle, Planning Manager
.mUSR-1255, L. G. Everist
October 11, 2004
Off-Site Improvements: Additional safety improvements include: roadway realignment at both approaches to
Bridge 18/25B which is the small bridge crossing directly west of US Highway 85 and a right turn lane (free
right) on to the acceleration lane at US Highway 85 to accommodate heavy hauling associated with the sand
and gravel mining on the haul route. See the new Road Maintenance and Improvements Agreement.
Storm Water Drainage: Each phase will be graded separately to direct storm water run-off to the dewatering
trenches and discharge to the river. Process and storm water will be discharged under valid Colorado
Department of Public Health and Environment (CDPHD) water quality control division discharge permit. The
appropriate permit should be coordinated with the State or the local government.
pc: AmUSR-1255 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1255.DOC
COUNTY OF WELD, STATE OF COLORADOOOPY
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of ,2004,by and between
the County of Weld, State of Colorado, hereinafter called "COUNTY" and L. G. Everist, Inc. (AmUSR-1255),
hereinafter called "EVERIST".
WHEREAS,EVERIST has acquired land use permits from the COUNTY for gravel mining,an asphalt and
concrete batch plant on 297 acres located in part of Lots 1,2,and 3, and 4 in the North 1/2 Northwest 1/4; Lot 6 in the
Southwest 1/4,Northeast '/ in Section 30,Township 2,North,Range 66 West;Lot 3 in the East %z of Northeast'/in
Section 25,Township 2 North,Range 67 West platted as the Lupton Meadows Land Co.Division 3 of the 6th P.M,
Weld County, Colorado and
WHEREAS,other gravel operators are operating similar gravel pits in the immediate vicinity of the above-
mentioned gravel pits, and
WHEREAS, the gravel pits and plant site shall generate an increase in heavy truck traffic,and
WHEREAS, the existing County roads that serve the gravel pits and plant site shall require increased
maintenance and improvement due to the increase in heavy truck traffic, and
WHEREAS,COUNTY and EVERIST have reviewed maintenance and improvements proposals put forth by
EVERIST,and both parties agree that such maintenance and improvements will enhance the accessibility and safety
of the roads that serve said gravel pits.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
COUNTY and EVERIST mutually agree as follows:
1. EVERIST will provide for the duration of any material haulage from its Fort Lupton gravel pit
operation(permitted as AmUSR-1255)with the legal description as part of Lots 1,2,and 3,and 4 in
the North%z Northwest 1; Lot 6 in the Southwest 1/4,Northeast'/ in Section 30,Township 2,North,
Range 66 West;Lot 3 in the East%x of Northeast 1/4 in Section 24,Township 2 North,Range 67 West
platted as the Lupton Meadows Land Co. Division of the 6th P.M., Weld County, Colorado.
Haul Route
A. Eastbound haul trucks will exit the site via the existing access road directly onto Weld
County Road(WCR) 18 and head east towards U.S.Highway 85. Approximately 90%of the
trucks will travel southbound on U.S. Highway 85 and 10%will travel northbound.
B. Westbound haul trucks exit the site via the access road directly onto WCR 18,west on WCR
18 to WCR 23 (only local delivery).
- 1 -
Improvements
C. EVERIST will provide testing services and inspection for the construction of the
improvements. The COUNTY will only provide oversight. A registered professional
engineer, registered in the State of Colorado, shall provide the COUNTY with a letter that
certifies the proper installation of the improvements.
D. The safety improvements include roadway realignment at both approaches to Bridge 18/25B;
a right turn lane(free right) onto the acceleration lane at U.S. Highway 85 to accommodate
heavy hauling associated with the gravel mining, asphalt, and concrete batch plants on the
haul route.
E. EVERIST shall pay a proportional share of the cost for the improvements. The share will be
determined by dividing the volume of the site-generated trucks by the total volume of trucks.
The County will provide the traffic volumes.
F. The applicant shall submit an engineer's estimate of the proposed improvements. This
estimate shall be reviewed and approved by Weld County. It will provide the basis for cost
sharing between Heit Farms LTD, Zadel Family LLLP, Weld County, and other gravel
haulers in the immediate area. The cost-sharing breakdown will become part of this
agreement and shall be incorporated as Exhibit "B."
G. The engineering design and construction plans shall be the responsibility of the gravel
haulers. The applicant shall provide the County with construction drawings that detail the
required improvements. The plans shall consist of, at a minimum, intersection layout and
grading,plan and profiles where appropriate, cross sections, signing and striping,structure
plans and property ownership. These plans will require approval by the Public Works
Director/County Engineer or his representative. A registered professional engineer registered
in the State of Colorado must prepare the construction plans. The plans,when reviewed and
approved, will constitute a section of this agreement. They will be attached hereto and
referenced as Exhibit "A."
H. The applicant shall warrant and guarantee all improvements for a period of one year from
completion.
- 2 -
Maintenance
I. EVERIST agrees to excavate,repair,or patch any damage on said road that has been created
by heavy truck hauling from EVERIST gravel pits. The type and method of repair will be
determined by the Public Works Director/County Engineer or his representative. The repairs
shall commence within thirty(30) days of receipt of our written notice.
There will be an annual inspection in the spring of the roadways to determine actual
conditions and what work is to be performed that summer if any repairs are needed.
J. At any time in the future, if road damage has increased beyond the point that repair of
damage can reasonably restore the road,EVERIST will pay a proportionate cost share based
on truck traffic using the haul route in the reconstruction of those parts of said road.
K. When reconstruction is required, EVERIST shall pay a proportional share of the cost to
reconstruct. The share will be determined by dividing the volume of the site-generated
trucks by the total volume of trucks. The COUNTY will provide the traffic volumes.
CDOT Improvements
L. EVERIST shall address all the Colorado Department of Transportation(CDOT)access issues
at the intersection of U.S. Highway 85 and WCR 18. Refer to the CDOT letter dated
November 19, 2002, for requirements. The applicant shall complete improvements to the
northbound to westbound turn lane on U.S.Highway 85 to WCR 18 as required by CDOT in
their referral dated August 26,2003. Additional intersection improvements maybe required
by CDOT such as construction of a median to create a' movement intersection.
2. Prior to the start of mining, COUNTY and EVERIST will inspect the roads covered under this
Agreement to insure that the operator will not be responsible for damage previously incurred. This
effort will ensure that EVERIST will not be held responsible for existing roadway damage, if any.
3. Failure of either party to perform any of its respective obligations hereunder by reason of acts of
God,strike,or acts of any governmental agency or authority having jurisdiction over matters set forth
herein shall excuse timely performance of such obligations as soon as reasonably practical. The
parties may,however,mutually consent to excuse a party from performing any obligation,in whole
or in part,upon a showing that performance has been rendered impracticable by reason of FORCE
MAJEURE.
4. This Agreement may not be assigned in whole or in part by either party hereto without the written
consent of the other party. Such consent will not to be reasonably withheld,conditioned,or delayed.
5. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the
intention of the parties that the remainder of this Agreement shall not be affected.
6. Should EVERIST sell its operation, cease operating, file bankruptcy, or in any way release
ownership and responsibility of the permitted property, this Agreement as set forth herein,shall be
- 3 -
terminated. If the aforementioned release should occur,EVERIST shall give a minimum notice of
ninety(90)days to the County before the date of termination. If the aforementioned release should
occur, the County shall have the option of immediately terminating this Agreement.
Notwithstanding the terms of this paragraph,the requirements of AmUSR-1255 shall not be waived
by the terms of this paragraph and the failure to have a maintenance Agreement in effect may be
grounds to revoke AmUSR-1255.
7. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the
Colorado Department of Transportation. During construction,signage shall be posted in accordance
with the most current Uniform Manual on Traffic Control Devices.
8. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right
of actions whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
9. Indemnification:To the extent authorized by law,EVERIST agrees to indemnify,save,and hold the
County harmless from and against any and all claims,damages,losses,and judgments,which maybe
suffered or incurred by the County as a consequence of any breach by EVERIST of its obligations
and duties set forth in this Agreement on those portions of the haul route described in this
Agreement. In the event that any dispute shall arise under this Agreement, the prevailing party in
such dispute shall be entitled, in addition to any other relief to which such party may be granted,to
recover its reasonable attorney's fees and court costs incurred in connection with the resolution of
such dispute.
10. By entering into this Agreement,the parties do not intend, either expressly or implicitly,to create a
joint venture or partnership. Except as provided herein,neither party shall have the right or authority
to act for,or on behalf of,or to enter into any obligations which are binding on the other party to this
Agreement.
11. All notices to be given under this Agreement shall be in writing and delivered in person,or mailed
by certified or registered U.S.Mail,or sent by a nationally recognized overnight delivery service,to
the party to receive such notice at the following addresses:
Weld County Board of Commissioners (COUNTY)
P.O. Box 758
Greeley, CO 80632
L. G. Everist, Inc. (EVERIST)
7321 E. 88th Avenue, Suite 200
Henderson, CO 80640
- 4 -
All notices shall be effective upon receipt by the party to receive such notice, or by the third day
following deposit of said notice in U.S.Mail,or the first day following deposit of acknowledgment
of refusal of delivery of said notice.
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first above
written.
WHEREFORE,parties have hereunto set their hands and seals the date and year first written above.
ATTEST: L. G.EVERIST, INC.
By:
By:
,..ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: By:
Deputy Clerk to the Board Robert D. Masden, Chair
M:\W PFILES\AGREEMNT\Road-Improv\LGEverist,Inc-agr.doc
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720 Kipling, Suite 117 Index L g E eM8p
Inc.
"akewood, CO 80215 Fort Lupton Sands Gravel Mine
12/18/99 99024
a AMcw"Ackir (AMUSfi_ IZSc) . M, C
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Weld County Planning Department /
a GREELEY OFFICE *\�d / g5
NOV 1 mE4
RECEIV PARTMENT OF PLANNING SERVICES
918 Tenth Street
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
E-mail address: kogle@CO.Weld.CO.US
WI I D
O ,,., PHONE (970) 353-6100, EXT. 3540
•
- t�w�M ^ FAX (970) 304-6498
COLORADO
October 12, 2004 (` ' '
Subject: Additional Questionnaire Information for AmUSR-1255, L.G. Everist, Inc. Fort Lupton
Sand and Gravel
Project: An Amendment to a Site Specific Development Plan and a special Review Permit for a
Mineral Resource Development Facility, including open pit mining and materials
processing; including Asphalt and Concrete Batch Plants, in the A (Agricultural) Zone
District.
Legal: Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67 platted as
The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld County, Colorado
Dear Referral Agency:
The applicant has provided additional information regarding the original application (USR-1255)
in an attempt to fill in the blanks on all Sections of the amendment application that were noted
as "No Change from Existing Permit."
Referrals are requested to be returned by November 3, 2004
Should you have any questions or need further information, I may be reached at the above
address, telephone number or e-mail address.
Sincerely,
_cow t1110-i
Kim ' V y. I C uo ftc W s ek,r e- Oproe C�
Planning Manager e a SQ c_� `es�..-Vf a
Enclosure: Letter dated October 7, 2004
pis focopc5 y C 'DOT etc sv� ' t
File:AmUSR-1255
pc: Gl,'v L �,�^c4.,rY`a.ti1
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
^Department of Natural Resources
1313 Sherman St.,Room 215 Weld County Planning Department COLORADO
Denver,Colorado 80203 GREELEY OFFICE DIVISION OF
Phone:(303)866-3567 MINERALS
FAX:(303)832-8106 O C T 1 8 2004 &
GEOLOGY
RECLAMATION-MINING
RECEIVED
SAFETY•SCIEN C£
Bill Owens
Governor
Notice of I I? Construction Materials Russell George
Executive Director
R�fl nn Permit Am enrlmrnt A, li atinn C nnsider stinn
Ronald W.Cattany
Division Director
Natural Resource Trustee
DATE: October 12, 2004
TO: Weld County Planning Department
918 10th St
Greeley, CO 80631
FROM: Kate A. Pickford, Environmental Protection Specialist (Ur...car KA?
RE: L.G. Everist, Inc._ Ft. Lupton Sand and Gravel Mine, Permit No. M-1999-120, Revision No. AM-I
Please be advised that on October 12. 2004. L.G. Everist, Inc.. whose address and telephone number arc 732I E. 88th
Avenue. Suite 200, Henderson. CO 80640: (303) 287-4656, filed an Amendment application to M-1999-120. Ft. Lupton
Sand and Gravel Mine_ which is located at or near Section 30. Township 2N. Range 66W. 6th Prime Meridian, in Weld
County. The application decision is scheduled for January 10. 2005.
A cope of the application is available for review. unless you receive a CD, at the Weld Counts 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 of the mine plan and/or the reclamation plan, 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.
•
EXHIBIT
1 41-
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
85,
t �' Weld County Referral
Weld County Planning Department
GREELEY OFFICE September 29, 2004
NOV 0 1 2004
WI I D • ...,„7. ..,
RECEIVED . .
� �H ,
COLORADO
n
The Weld County Department of Planning Services has received the following item for review:
Applicant L.G. Everist, Inc. Case Number AmUSR-1255
- - - -- Please Reply By October 27, 2004 Planner Kim Ogle
Project rAn Amendment to a Site Specific Development Plan and a special Review Permit
for a Mineral Resource Development Facility, including open pit mining and
materials processing; including Asphalt and Concrete Batch Plants, in the A
(Agricultural)Zone District.
( Legal Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67 platted
as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld County,
Colorado.
Location /2 mile south of CR 18 and Y2 mile west of State Highway 85.
Parcel Number 1311 25 002002; 1309 30 000075; 1309 30 000076; 1309 30 000002; 1309 30
000070; 1309 30 000073; 1309 30 000074; 1309 30 000051; 1309 30 000068
i
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) December 21, 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." +I _ farriT , Y, s#V ' '�5 J cx no ine xse of -FYuc s i5
fly-ow-six:I • I'm a55 u.vn i km +ha - rn ris Thai' -tiro-- va(v-+•,,a._ err(
--froAFic. ni- -I4t i O+tiri 0 ch-fern will not 10c-cast as e rc"4OJ F of
this prof OO..%1 •
- Signature {4ta•- 1O(----- Date rp/I 4104
Agency l / U1Jcr /'tceosc
4Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 ❖ 970 353-6100 ext.3540 I EXHIBIT
9 P Y ( ) ❖(970)304
ENT OF
DEPARTMENT OF THE ARMY
o-;
yep,- `�z CORPS OF ENGINEERS,OMAHA DISTRICT
w. - e DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
LITTLETON,COLORADO 80128-6901
October 15,2004
Weld County Planning Department
GREELEY OFFICE
Mr. Kim Ogle
Weld County OCT 1 9 2004
Department of Planning Services
918 Tenth Street RECEIVED
Greeley, CO 80631
RE: AmUSR,L.G. Everist,Inc.,Fort Lupton Sand and Gravel,Lot 1, 2,3 and 4,Lot 6 and Lot
3
Corps File No. 200480231
Dear Mr. Ogle:
Reference is made to the above-mentioned project located in the NE ''A Section 30, T2N, R66W
and NE '/ Section 25, T2N, R67W, 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 Depai tment 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 call Mr. Terry McKee at 303-979-4120 and reference Corps File No.
200480231.
Sincerely,
Tim, hyT. larey
Chie , P e r Regula'a • Of Ice
tm
•
EXHIBIT
I Ap___
T nF
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS,OMAHA DISTRICT
Lai E r DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTII BOULEVARD
;I\ ql�� LITTLETON,COLORADO 80128-6901
Weld County Planning Department
GREELEY OFFICE
Ms. Kim Ogle O C T 1 9 2004
Weld County Planning Department
91810tStreet RECEIVED
Greeley, CO 80631
RE: Fort Lupton Sand and Gravel Mine
Corps File No. 200480231
Dear Ms. Ogle:
Reference is made to the above-mentioned project located in Section 30, Township 2 North,
Range 66 West, and Section 25, Township 2 North, Range 66 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. 200480231.
Sincerely,
Tim y T. arey
Chief, r Regulato ice
200480231
[ 4. E1 IT
STATE OF COLORADO
Colorado Water Conservation Board KtscoNSFR
`°`°k
Weld County Planning Department o " "1:,
Department of Natural Resources 4 o
1313 Sherman Street,Room 721 GREELEY OFFICE o -- co
Denver,Colorado 80203 iy o � ••:• .b' 03
Phone:(303)866-3441 0CT 2 9 2004 >• •
R7 o ��
FAX:(303)866-4474 �' 393i •'�
�`°o ��I r,1i Yx, nm`nen
www.cwcbstate.co.us RECEIVED
Bill Owens
October 22, 2004 Governor
Russell George
Kim Ogle Executive Director
Weld County Department of Planning Services Rod Kuharich
918 10th Street CWCB Director
Greeley, CO 80631 Dan McAuliffe
Deputy Director
Dear Kim:
Thank you for your referral dated September 29, 2004 regarding the proposed expansion to the
gravel mining operation for the Fort Lupton Sand and Gravel Mine. Weld County participates in the
National Flood Insurance Program, and Community Panel No. 080266 0868 C identifies the Special
Flood Hazard Areas (SFHA) affected by the project.
The project takes place within the SFHA created by the South Platte River as shown on the attached
Flood Insurance Rate Map. No base flood elevations (BFE's) are given, and no floodway is
delineated for this reach. The applicant is reminded that ANY work performed in an SFHA requires
the issuance of a Floodplain Development Permit(FDP). This may require certain conditions
according to local ordinances. An FDP should be obtained from the Weld County prior to the
beginning of construction.
One regulation which may be required at the County's option is the need to compute BFE's for the
site and how they are affected by the work. As indicated in the County's ordinance, the county may
require any subdivision or site work exceeding 50 acres to compute BFE's and include these in their
submittal. As this proposal does not appear to significantly affect any adjoining landowners, I will
leave it up to the County as to whether to implement this requirement. If you determine that the
flooding situation of adjacent landowners may be negatively impacted, I suggest you require an
analysis.
Thank you for the opportunity to participate in this review. In the future, please address all
correspondence directly to me in order to expedite the response. If you have any questions, feel free
to call me at 303-866-4805.
Sii�n�erely, ,
Kevin Houck, P.E., CFM
• National Flood Insurance Program Coordinator
Attachment: Weld County, Flood Insurance Rate Map
Colorado Water Conservation Board T. E T
Flood Protection•Water Supply Planning and Finance•Stream and Lake Protection `€
Water Supply Protection•Conservation and Drought Planning
•
APPROXIMATE SCALE. ., 500 0
•
III IIII NATIONAL FLOOD INSURANCE PROGRAM
•
FIRM
FLOOD INSURANCE RATE MAP
rr
WELD
•
COUNTY,
COLORADO
UNINCORPORATED AREA
•
I PANEL 868 OF 1075
- - !SEE MAP INDEX FOR PANELS NOT PRINTED,
I
COMMUNITY-PANEL NUMBER
080266 0868 C
MAP REVISED:
AL SEPTEMBER 28, 1982
- R II�IIIAy��
federal emergency management+Pncy
•
Thls Is an o ficial copy of a portion of the above referenced food map. It
_ — - was extracted using F-MIT On-Line. 1Tis map doe not reflect changes
endments vfilch may have been made subsequent to the date on the
$ f tie bloek. For the latest product informal on about Nat onal Flood Insurance
mscfema.got
P �\t1i T OT+
tUF
at": —�..i_iy
G0 _------.��p United States Department of the Inteoro�nty Planning Department
i■ ' g p GREELEY OFFICE
it=. FISH AND WILDLIFE SERVICE
11L-C4
gACH 3l sa Ecological Services OCT 2 8 Z004
Colorado Field Office
755 Parfet Street, Suite 361 RECEIVED
Lakewood, Colorado 80215
IN REPLY REFER TO:
ES/CO: T&E/Species list
Mail Stop 65412 OCT 2 6 2004
Kim Ogle
Weld County Planning Department
918 10th Street
Greeley, Colorado 80631
Dear Ms. Ogle:
We are responding to your letter dated September 29, 2004, requesting comments under the
authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered
Species Act of 1973 (ESA), as amended(16 U.S.C. 1531 et seq.), regarding the proposed
Amendment to a Site Specific Development Plan and a special Review Permit for the
existing Fort Lupton Sand and Gravel Mine (an increase in the permitted acreage resulting
in 5 additional lined water storage reservoirs) located south of Weld County Road 18 and
west of Highway 85 adjacent to the South Platte River in Weld County, Colorado.
The Service has no specific knowledge of the project site; however, enclosed is a list of Federal
endangered, threatened, proposed and candidate species, by county, in Colorado. The list for
Weld County can be used as a basis for determining species potentially present in the project
area. While other species could occur at or visit the project area, endangered or threatened
species most likely to occur include: the threatened bald eagle (Haliaeetus leucocephalus),
Colorado butterfly plant, (Guara neomexicana ssp. coloradensis), and Ute ladies'-tresses
(Spiranthes diluvialis). Based on the limited information provided, however, the Service is
able to determine that a population of the threatened Preble's meadow jumping mouse,Zapus
hudsonius preblei (Preble's), is not likely to be present within the subject area. Thus, the
Service concludes that the proposed project on this site should not have direct adverse affects
to Preble's. Since Preble's populations exist downstream from the site, actions on the site that
result in significant modifications of Preble's habitat downstream (for example, through
alteration of existing flow regimes, or sedimentation) may be subject to provisions of the ESA.
If questions regarding the presence of an endangered species, the extent of its habitat, or the
effects of a particular action need to be resolved, the Service recommends that a knowledgeable
consultant be contacted to conduct habitat assessments, trapping studies, or to provide
recommendations regarding options under the Endangered Species Act. Due to staffing
constraints, the Colorado Field Office cannot provide you with these services.
Please note that a Section 404 permit may be required by the U.S. Army Corps of Engineers
under the Clean Water Act (33 U.S.C.1344 et seq.) if the proposed construction may impact
jurisdictional wetlands or waters of the U.S. at the subject site.
l4IBIT
Ft. Lupton Mine Expansion
Since 1978, the Service has consistently taken the position in its section 7 consultations that
Federal agency actions resulting in existing or new water depletions to the Platte River system
may affect the endangered whooping crane (Grits americana), endangered interior least tern
(Sterna antillarum), threatened piping plover(Charadrius melodus), endangered
pallid sturgeon (Scaphirhynchus albus), threatened bald eagle (Haliaeetus leucocephalus),
threatened western prairie fringed orchid (Platanthera praeclara), and designated critical
habitat for the whooping crane and piping plover in the central Platte River in Nebraska. In
general, depletions include evaporative losses and/or consumptive use less return flows.
Project elements that could be associated with depletions to the Platte River system include, but
are not limited to, ponds (detention/recreation/irrigation storage), lakes (recreation/irrigation
storage/municipal storage/power generation), reservoirs (recreation/irrigation storage/municipal
storage/power generation), pipelines, wells, diversion structures, and water treatment facilities.
If there is a Federal agency/money associated with this project, and the Federal agency and the
applicant determine that there are depletions associated with the proposed mining acreage
expansion project, the Federal agency should request initiation of formal section 7 consultation
in a letter to my office. A request for initiation of formal section 7 consultation on water-
related projects associated with depletions to the central Platte River should include a complete
project description including water-related project elements and origin of water associated with
the proposed project; an estimate of the amount and timing (by month) of average annual water
depletion (both existing and new depletions); and describe methods of arriving at such
estimates. Completion of the consultation will be based on the date of receipt of the
information required to conduct the consultation.
If a formal section 7 consultation is required, the Service will make every effort to
accommodate the applicant's schedules to prevent project delays. If your office or the
applicant would like to discuss the proposed project in relation to Platte River system depletive
issues in Colorado, please contact Sandy Vana-Miller in my office at (303) 275-2370.
Sincerely,
Susan C. Linner
Colorado Field Supervisor
Enclosure: Species List
cc: FWS/CFO S. Vana-Miller
FWS/CFO B. Spagnuolo
-2-
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER •
'Division of Water Resources �,�F ,�
Department of Natural Resources Weld County Planning Department
e�
1313 Sherman Street, Room 818 GREFi.FY OFFICE ' '*'
Denver, Colorado 80203 2004 ![gam 6 Y•
Phone(303)866-3581 October 26, 2004 NOV 0 2
FAX(303)866-3589
Bill Owens
wwwwater.state.co.us RECEIVED Governor
RECEIVED V Russell George
Executive Director
Kim Ogle Hal D.Simpson,PE.
Weld County Planning Dept. State Engineer
918 10th Street
Greeley, CO 80631
RE: Amendment to a Site Specific Development Plan
Case No. AmUSR-1255
Section 30, T2N, R66W, 6th P.M.
Water Division 1,Water District 2
Dear Kim Ogle:
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 an amendment to a site specific
development plan
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. The gravel mining operation must operate under a temporary Substitute
Water Supply Plan (SWSP) or court approved augmentation plan as long as the operation
is causing depletions to the South Platte River. This site currently has a valid SWSP
approved by the State Engineer's Office, however, any expansion or change of use from
what is approved in the SWSP would require a new SWSP 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, f
Kenneth W. Knox, PhD.
Chief Deputy State Engineer
KWK/JMW
CC: Jim Hall, Division 1 Office
:=4.
Ex �IT
Weld County Planning Department
GREELFY OFFICE
NOV 0 '' 2004
a
MEMORANDUMRECEIVED
TO: KIM OGLE, PLANNING SERVICES
FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH ET)
ISUBJECT:AMUSR-1255 L.G. EVERIST, INC.
DATE: 11/02/2004
COLORADO CC:
Environmental Health Services has reviewed this proposal for a 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. The original application allowed bottled water. We do not
believe that bottled water is an "adequate" source of water for this type of operation.
The facility plans to operate at this location for 27 to 37 years and will employ 11
individuals, thus we believe a permanent, potable water source, i.e. well, community
water system is 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 amend the existing Emission Permit for the modification in the
operation if the Air Pollution Control Division (APCD) of the Colorado Department
of Health and Environment determines that such a modification represents a
significant change in emissions or production. Alternately, the applicant can
provide evidence from CDPH&E that they are not subject to these requirements.
2. The applicant shall amend the existing Colorado Discharge Permit System
(CDPS) permit if the Water Quality Control Division (WQCD) of the Colorado
Department of Public Health & Environment determines that the modification in
use represents a change in the discharge. Alternately, the applicant can provide
evidence from WQCD that they are not subject to these requirements.
3. The applicant shall provide current evidence that the facility has an adequate
water supply (i.e., well or community water system).
4. All septic systems located on the property shall have appropriate permits from
the Weld County Department of Public Health & Environment (WCDPH&E). The
Environmental Health Services (EHS) of the WCDPH&E was unable to locate
septic permits for septic systems serving the existing residences on this site. If
Err
the residence(s) on the site are to be removed, the septic system(s) must be
properly abandoned. If the residences are to remain, and are not currently
permitted, an Individual Sewage Disposal System (I.S.D.S.) Evaluation by the
EHS of the WCDPH&E shall be required. In the event the system(s) is found to
be inadequate, the system(s) must be brought into compliance with current
I.S.D.S. regulations.
5. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section for any aboveground storage tanks located on the site.
Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection
Section that they are not subject to these requirements.
6. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment.
7. 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 when the scale house is
relocated 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.
2
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 remove, handle, and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
5. The applicant shall operate in accordance with the approved waste handling
plan.
6. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
7. Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility.
8. 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. The facility shall have sufficient equipment available to
implement dust control as required by the Weld County Department of Public
Health and Environment.
9. 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.
10.Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
11.Portable toilets may be utilized on sites that are temporary locations of the
working face for up to six months at each location.
3
12.The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
13.The applicant shall comply with all provisions of the Colorado Discharge Permit
System permit (CDPS) from the Colorado Department of Public Health &
Environment, Water Quality Control Division.
14.If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
4
MEMORANDUM
Kite
TO: KIM OGLE,PLANNING SERVICES
lkFROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH
DATEISUBWCTAMUSR-1255032004 L.G. EVERIST, INC.
COLORADO CC:
Environmental Health Services has reviewed this proposal for a 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. The original application allowed bottled water. We do not
believe that bottled water is an "adequate" source of water for this type of operation.
The facility plans to operate at this location for 27 to 37 years and will employ 11
individuals, thus we believe a permanent, potable water source, i.e. well, community
water system is 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 amend the existing Emission Permit for the modification in the
operation if the Air Pollution Control Division (APCD) of the Colorado Department
of Health and Environment determines that such a modification represents a
significant change in emissions or production. Alternately, the applicant can
provide evidence from CDPH&E that they are not subject to these requirements.
2. The applicant shall amend the existing Colorado Discharge Permit System
(CDPS) permit if the Water Quality Control Division (WQCD) of the Colorado
Department of Public Health & Environment determines that the modification in
use represents a change in the discharge. Alternately, the applicant can provide
evidence from WQCD that they are not subject to these requirements.
3. The applicant shall provide current evidence that the facility has an adequate
water supply (i.e., well or community water system).
4. All septic systems located on the property shall have appropriate permits from
the Weld County Department of Public Health & Environment (WCDPH&E). The
Environmental Health Services (EHS) of the WCDPH&E was unable to locate
septic permits for septic systems serving the existing residences on this site. If
U Etat'IT
the residence(s) on the site are to be removed, the septic system(s) must be
properly abandoned. If the residences are to remain, and are not currently
permitted, an Individual Sewage Disposal System (I.S.D.S.) Evaluation by the
EHS of the WCDPH&E shall be required. In the event the system(s) is found to
be inadequate, the system(s) must be brought into compliance with current
I.S.D.S. regulations.
5. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section for any aboveground storage tanks located on the site.
Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection
Section that they are not subject to these requirements.
6. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment.
7. 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 when the scale house is
relocated 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.
2
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 remove, handle, and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
5. The applicant shall operate in accordance with the approved waste handling
plan.
6. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
7. Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility.
8. 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. The facility shall have sufficient equipment available to
implement dust control as required by the Weld County Department of Public
Health and Environment.
9. 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.
10.Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
11 .Portable toilets may be utilized on sites that are temporary locations of the
working face for up to six months at each location.
3
12.The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
13.The applicant shall comply with all provisions of the Colorado Discharge Permit
System permit (CDPS) from the Colorado Department of Public Health &
Environment, Water Quality Control Division.
14.If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
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NOV-30-2004 01: 12P FROM: TO:19703046498 P:2'3
STATE OF COLORADO �E
Bill Owens,Governor �"♦,rf O
DEPARTMENT OF NATURAL RESOURCES O
DIVISION OF WILDLIFE /
AN EQUAL OPPORTUNITY EMPLOYER 4O�.OF 7v
Bruce McCloskey,Director
6060 Broadway For Wild!!fr-
Denver.Colorado 80216 For People
Telephone: (303)297-1192
November 28, 2004
Kim Ogle
Planning Manager
Department of Planning Services
918 Tenth St.
Greeley, CO 80631
RE: L.G. Evcrist, Inc.— Ft. Lupton Sand and Gravel Mine, Am IJSR - 1255
Dear Mr. Ogle:
-- District Wildlife Managers Sharlene Haeger and Mike Babler attended an initial site visit on March 17,
2004 to view the proposed expansion of the existing mine site. It is our understanding that the proposed
project involves the removal and stockpiling of topsoil material, extraction of sand and gravel, and
creation of long-term water storage reservoirs. At that time, Haeger and Babler expressed a concern
about the project's impacts to the South Platte River riparian corridor in the area identified as'Golden Pit'
on the map. In order to minimize detrimental impacts to wildlife and wildlife habitat in the riparian area,
the Division continues to recommend that the 200'-300' setback from the tree line be maintained.
In addition to the species listed in Exhibit H in the application,NDIS (Natural Diversity Information
Source) maps. accessible through the Division of Wildlife's website, identify the area as a Bald Eagle
winter concentration area and Bald F.agle winter forage area. The site is located within six miles of two
active Bald Eagle night roosts. In addition, there is an active prairie dog colony in the expansion site
which serves as an important food source for the wintering Bald Eagles. NDIS maps indicate that the
area is located in overall range for the Preble's Meadow Jumping Mouse; however US Fish and Wildlife
Service has written a clearance letter for that species. The project site also serves as important habitat
and travel corridor for Mule Deer and White-tailed Deer, Ferruginous Hawk, Red-tailed Hawk. other
raptors including owls and accipiters, Wild Turkey, herons, waterfowl, and a variety of small mammals,
reptiles and amphibians.
During the second site visit on November 22, Sharlene Hacger reviewed the Extraction Plan Map and
received verification from Lynn Mayer, Regulatory Manager with L.G. Everist, Inc..that the proposed
setback in the 'Golden Pit'area is 200'from the river, not from the treeline. In order to minimize
__ detrimental impacts to wildlife and wildlife habitat in the riparian area, the recommendation of a 200'-
DEPARTMENT OF NATURAL RESOURCES,Russell George,ExeaAive Director
WILDLIFE COMMISSION,Philip James,Chair•Jeffrey Crawford,Vice-Chair•Brad Phelps,Secretary
Members,Bernard Black•Tom Burke•Rick Enstran•Claire O'Neal•Robert Shoemaker•Ken T
Ex Officio Members,Russell George and Don Ament g E
5
NOV-30-2004 01: 12P FROM: TO: 19703046498 P:3'3
300' setback from the treeline remains. It is also recommended that the prairie dog colony remain;
alternatively, the colony may be moved to a suitable location nearby. The Corps of Engineers identified
Little Dry Creek as a jurisdictional wetlands. Since the project area east of the creek consists mainly of
disturbed agricultural land, a 50' setback from the east side of the creek is recommended. It is also
recommended to follow Weld County's guidelines regarding weed control of the project site and the
Natural Resource Conservation Service guidelines on revegetation of the area using native species to
enhance wildlife habitat.
Thank you for the opportunity to comment on this project. Contact Sharlene'Jaeger at 970-278-0905 for
questions or comments.
Sincerely, I
7/7,At,,ay�� Are, L:L A I . /c
Scott Hoover
Northeast Regional Manager
cc: Mark Leslie, AWM
Mike Babler, DWM
Mike Sherman, Habitat Biologist
Sharlene Haeger, DWM
MEMORANDUM
To: Kim Ogle
From: Dave Tuttle
Date: November 28, 2004
Subject: AMUSR-1255
The sheriff's office recommends the following improvements for this site.
1. The sheriffs office requests that 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 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 the roadway a short distance prior to entering the
public roadway.
3. The sheriffs office would however, 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 Sheriffs 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.
4IBIT
1
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