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HomeMy WebLinkAbout20041076.tiff 0-41tWeld County Referral wi1 October 22, 2003 C. COLORADO OCT 2 2003 The Weld County Department of Planning Services has received the following item for reviewr;3,; - _ Applicant Floyd Winslow for HCP Case Number USR-1438 Ventures, LLLP Please Reply By November 21, 2003 Planner Jacqueline Hatch Project Site Specific Development Plan and Use by Special Review for a business permitted as a use by right or accessory use in the Industrial Zone District(truck driving and heavy equipment school) in the A(Agricultural)Zone District. Legal NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53. Parcel Number 1305 28 000026 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 16, 2003 ❑ 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. gilSee attached letter. Comments: Signature MIS lam'(� Date ._ 2S—03 Agency f44±-C.C,c O1/4 -rJazaT ❖Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley,CO. 80631 x(970)353-6100 ext.3540 (•(970)304-6498 f EXHIBIT 2004-1076 1 `7 MEMORANDUM WI I TO: Jacqueline Hatch, Planner DATE: 12/1/2003 , C FROM: Donald Carroll, Engineering Administrator y/ COLORADO SUBJECT: USR-1438, Floyd Winslow for HCP Ventures, LLLP The Weld County Public Works has reviewed this proposal; this project falls primarily under the purview of 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 18 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This 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 measured from the future right-of-way line. Traffic Count: The average daily traffic county (ADT) for WCR 18 at this location reflects between 60 and 90 thicles taken in a 24-hour period. REQUIREMENTS: Access: The applicant shall use the existing residential/agricultural access to WCR 18. This access shall be wide enough to accommodate two-way traffic and have adequate turning radiuses for tractor-trailer movements associated with the USR. Circulation: The applicant shall place and label on the plat the area to be utilized for truck driving and heavy equipment training, such as a motor grader course. This area should show adequate circulation and parking. Proposed House: The applicant is identifying a proposed home location adjacent to WCR 18. If this is a part of the USR application, the applicant needs to fill out a Weld County Access Information Sheet and address the critical items for access and drainage to the proposed house. Proposed Steel Building: The applicant needs to coordinate the training area and the proposed building for adequate traffic flows and turning radiuses at this location. Student/operator parking and heavy equipment parking should be identified on the plat. Off-site Driving: The applicant is identifying in the questionnaire that there will be approximately six to eight tractor-trailers training both on-site and in the surrounding area. The Weld County Public Works Department recommends that the tractor-trailers be taken to the nearest paved road for additional training in the area. If the tractor-trailers utilize the adjacent County gravel roads for training, dust control issues will be a problem with the neighbors and surrounding area. acqueline Hatch, Planner December 1, 2003 Page 2 Dust Control: The applicant shall apply dust suppression chemical (magnesium chloride or calcium chloride) in front of all homes for approximately 300 feet on WCR 18 and WCR 53 plus the intersection of WCR 53 and WCR 18 on the truck route twice a year, or as needed, as determined by the Public Works Department. The first application is after issuance of the Certificate of Occupancy. A road maintenance and Improvements Agreement shall be required. Haul Route: The County roads that serve the facilities are WCR 18 and WCR 53. One hundred percent of the truck traffic shall use this haul route. The trucks leaving the training area will turn left on WCR 18, travel approximately 1/4 mile, turn left on WCR 53, proceed south under 1-76 to State Highway 6 (Frontage Road) to the Kersey Road (WCR 49) to 1-76 access, and return to the training area using the same route. Students and employees should also use this route to minimize additional traffic in the area. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve 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. pc: USR-1438 M:\PLANNING\USR-3.DOC MEMORANDUM a TO: JACQUELINE HATCH,PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH CA) 1438 ATE:SUBJECT:11/5/2003 COLORADO CC: Environmental Health Services has reviewed this proposal for a truck driving and heavy equipment school. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an approved dust abatement plan from the Environmental Health Services, Weld County Department of Public Health & Environment, for review and approval. 2. The existing septic system serving the home shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 3. In accordance with the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations. 4. The applicant shall submit evidence to the Department of Planning Services, from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. 5. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County DepatLatent 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 steel building (office space and classroom) 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". 5. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 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. 2 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 8. Adequate handwashing and toilet facilities shall be provided for employees and students of the facility. 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. Additionally, please note the following: 1. This application is proposing a well(s) as its source of water. The applicant should be made aware that while they maybe able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 3 Weld County Referral WIIDc October 22, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Winslow for HCP Case Number USR-1438 Ventures, LLLP Please Reply By November 21, 2003 Planner Jacqueline Hatch Project Site Specific Development Plan and Use by Special Review for a business permitted as a use by right or accessory use in the Industrial Zone District (truck driving and heavy equipment school) in the A (Agricultural)Zone District. Legal NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53. Parcel Number 1305 28 000026 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 16, 2003 ❑ 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: `\ d p � l)G1Sto no > (l-n . IS/ jkH Signature ,(/ .Q4) Date a "LoO 3 Agency k JJJu77i..kt .vt n !v Q!` e�-✓1 +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO._80631 +(970)353-6100 ext.3540 +(970)304-6498 fax I61 ‘,----•:.., �- Weld County Referral Illik July 11, 2003 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Winslow for HCP Case Number USR-1438 Ventures, LLLP Please Reply By August 8, 2003 Planner Jacqueline Hatch Project Site Specific Development Plan and Use by Special Review to operate a truck driving and heavy equipment school. Legal NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53. Parcel Number 1305 28 000026 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) TBA O Wp-ifave reviewed the request and find that it does/does not comply with our Comprehensive Plan e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature //��Q oo�� yam_ Date /l, ,,,. /iii LiQ i Agency �r`-c. td t Art SfCJI.I miy }' / / •}weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 4•(970)353-6100 ext.3540 1970)304-6499 fax DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 WIIDc Fax (970) 304-6498 COLORADO August 19, 2003 Floyd Winslow for HCP Ventures, LLLP Site Specific Development Plan and Use by Special Review to operate a truck driving and heavy equipment school. USR-1438 1. Separate building permits shall be obtained for all buildings and structures such as signs. .-' 2. A plan review is required for each building. 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 codes in effect when the permits are applied for. The following codes are currently adopted by Weld County: 1997 Uniform Building Code, 1998 International Mechanical Code, 1997 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. All buildings 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 height shall be limited to the maximum height allowed per UBC Table 5-B. Floor area shall be limited to the maximum area allowed in UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 1997 Uniform 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. Service,Teamwork,Integrity,Quality Page 2. 7. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year flood plain. Please contact me for any further information regarding this project. Sincerely, Jeff Reif Building Official Service,Teamwork, Integrity,Quality Att;1; Weld County Referral ' October 22, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Winslow for HCP Case Number USR-1438 Ventures, LLLP Please Reply By November 21, 2003 Planner Jacqueline Hatch Project Site Specific Development Plan and Use by Special Review for a business permitted as a use by right or accessory use in the Industrial Zone District (truck driving and heavy equipment school) in the A(Agricultural)Zone District. Legal NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53. Parcel Number 1305 28 000026 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 16, 2003 ❑ 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: P Signature Date og , 03 Agency +Weld County Planning Dept. t1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax 44 MEMORANDUM TO: Jacqueline Hatch, Planner COLORADO. DATE: November 3, 2003 FROM: Kim Ogle, Planner Ill SUBJECT: Use by Special Review, USR-1438: Landscape Referral Careers World Wide/ HCP Ventures LLLP Floyd Winslow, applicant The Department of Planning Services reviewed the above referenced Use by Special Review Landscape Plat and offers the following comments: Section 23-3-250.A.4 and Section 23-3-250.A.5 of the Weld County Code addresses the required yards and required landscape areas. Section 23-3-250.A.5.a states "No more than eighty-five percent (85%) of the total area of a Lot shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably landscaped." Section 23-3-250.A.5.a states "That portion of a Lot which abuts a public or private street right- of-way shall be landscaped for a distance of ten (10) feet, measured at a right angle from the Lot line towards the interior of the Lot. Driveways may pass through the required landscaped areas." There is not a plant material list submitted that delineates the proposed plant material. One shall be submitted for review and approval with the Landscape and Screening Plan prior to recording the USR Plat. Future submittals shall address the type of plant material proposed for the site. Landscaping materials as indicated in the Approved Landscape Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. The applicant shall demonstrate how the proposed plant material will be watered, thus ensuring adequate growth and established of the feeder root system. Further, the applicant shall provide evidence that a commercial well permit has been obtained prior to recording the USR plat. The application materials state that the truck driving and heavy equipment school will operate with approximately 15 students and 6 employees. Per Appendix 23-B of the Weld County Code, the number of off-street parking spaces required, 1 spaces for each student and participant. The proposed steel building shop area is approximately 1800 square feet on size. Per Appendix 23-B of the Weld County Code, the number of off-street parking spaces required, 1 spaces for every three employees but in no event less than 1 spaces for every 1000 feet of space is required. At a minimum, four (4) spaces are required. All on-site parking shall meet the requirements of the Section 23-3-320.C.3 of the Weld County Code. The applicant shall delineate curb stops for the parking spaces shown on the USR plat. One curbs stop for each space is the standard. Per Section 23-3-350.B, the applicant shall delineated sufficient screened off street parking areas. Further, one off-street loading space is required for a facility of this size. All parking and loading areas shall be screened from adjacent properties and road rights-of-way. The applicant shall delineate an opaque visual screen on all sides of the property to mitigate the potential negative impact and aesthetic concerns on surrounding properties. Section 23-3-350.D provides for adequate street access. The applicant shall demonstrate a safe and approved access. Points of ingress and egress to this parcel shall be clearly identified. Appropriate language shall be included on the plat delineating the access to this parcel. The Department of Public Works should be consulted on this issue. Section 23-3-350.H addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. Section 23-3-260 addresses operation standards for Commercial uses. The applicant shall address the issue of on-site lighting, including security lighting in applicable. Subsection 6.6 states "any lighting ... shall be designed, located and operated in such a manner as to meet the ✓ following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties...." The applicant has delineated one on-site sign. The sign shall adhere to Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed sixteen (16) square feet in area per face. Further, the ,, location of the sign, if applicable shall be delineated on the Landscape / Site Plat. All structures, including signs, on site must obtain the appropriate building permits. The application materials state that one new residence will be constructed. Prior to the Nee"- Certificate of Occupancy, the existing residence shall be removed from the property. The applicant shall contact the appropriate Federal agency's regarding the wetlands located on site and provide written evidence that the proposal is in compliance with their specific jurisdictional requirements: The applicant shall submit a letter from the United States Department of Interior, Fish and Wildlife t77- Service indicating if surveys will be required for threatened or endangered plants and animals. If a survey is required, the survey will be conducted and submitted to the Department of Planning Services. The applicant shall provide evidence that there will be no on-site impacts pertaining to "the placement of dredge or fill material, and any excavation associated, either temporary or permanent, in waters of the United States which includes ephemeral, intermittent and perennial streams, lakes, ponds or wetlands at the site..." have been addressed to the satisfaction of the Department of the Army Corps of Engineers. Written evidence shall be submitted to the Weld County Department of Planning Services for review and approval. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, etcetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. m:\wpfles\ogle\ki m\iandscapereferral\usr143B WPD C'cAre, (it ‘H---*** Weld County Referral October 22, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Winslow for HCP Case Number USR-1438 Ventures, LLLP Please Reply By November 21, 2003 Planner Jacqueline Hatch Project Site Specific Development Plan and Use by Special Review for a business permitted as a use by right or accessory use in the Industrial Zone District (truck driving and heavy equipment school) in the A(Agricultural)Zone District. Legal NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53. Parcel Number 1305 28 000026 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 16, 2003 ❑ 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: P te-- c k Ueui wd Signature Date O3 Agency 7n-v nek err ➢r o +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax MEMORANDUM COLORADO To: Jacqueline Hatch, Planner October 23, 2003 From: Bethany Salzman, Zoning Compliance Officer Subject: USR-1438 Referral Upon review of my computer and files,a Zoning Violation(VI-0300082)was noted. The violation was initiated as a result of numerous complaints received regarding the operation itself, dust, noise and traffic safety. As a result of traffic safety concerns,this case was forwarded to the Weld County Sheriff's Office and State Patrol. During the violation process it was determined that the property did require a Use by Special Review permit due to a truck driving/commercial equipment school. This violation has not been presented to the Board of County Commissioners, due to their submittal of this Use by Special Review application. However, the number of complaints received has not declined. If this case is approved and once a plat has been recorded, the violation will be closed; however, if for any reason this application is denied,the violation process will continue. If denied,within 90 days from denial, all commercial equipment and activities shall be removed from the property or this case will be presented to the Board of County Commissioners through the Violation Hearing process. cc: VI-0300082 SERVICE,TEAMWORK,INTEGRITY,QUALITY KikL--.2; Weld County Referral ' 1 October 22, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Winslow for HCP Case Number USR-1438 Ventures, LLLP Please Reply By November 21, 2003 Planner Jacqueline Hatch Project Site Specific Development Plan and Use by Special Review for a business permitted as a use by right or accessory use in the Industrial Zone District (truck driving and heavy equipment school) in the A (Agricultural)Zone District. Legal NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53. Parcel Number 1305 28 000026 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 16, 2003 ❑ We have reviewed the request and find that it does it does not comply with our Comprehensive Plan U Weyav@ reviewed the request and find no conflicts with our interests. ee attached letter. Comments: Signature '/ aA444.. A Date //-3-4.3 Agency 1Yl i th . )/ è2deJ ( Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Southeast Weld Soil Conservation District 57 W. Bromley Lane-Brighton,CO 80601 -Phone(303) 659-7004, Ext. 3 October 29, 2003 CASE NUMBER: USR-1438 PROJECT: Recorded Exemption PLANNER: Jacqueline Hatch NRCS REPESENTATIVE: Don Graffis, Acting District Conservationist In consultation with the Natural Resources Conservation Service (NRCS), we have reviewed the additional material submitted for the above referenced case and have the following additional comments: SOIL EROSION POTENTIAL: The soils on this proposed site have moderate to high potential for wind erosion. The applicant's plan to use recycled asphalt on the site access roads, parking areas and in Area#4 truck training area should reduce the potential for wind and water soil erosion as well as fugitive dust problems. The effectiveness of recycled asphalt to reduce erosion and fugitive dust will require ongoing monitoring by the applicant and Weld County officials. The heavy equipment training Area#3 will be an active training area where excavation and other soil movement activities will be done. The loose soil in the two heavy equipment training areas will be susceptible to wind erosion and may create a blowing dust hazard for the surrounding areas including highway I-76. Regularly scheduled water spray application may be required in this work area, particularly during periods of high wind. This situation will need to be monitored closely by the applicant and Weld County officials. The proposed berm separating the training areas from the wetland should reduce the potential for damage to the wetland in the northeast part of the property during storm events. As an additional measure to minimize soil erosion, it is recommended that a grass barrier be planted and established in the area between the topsoil berm and the wetland. As there is the potential for damage to this wetland, and to a reservoir located to the north owned by an adjacent landowner, the applicant needs to be aware of federal regulations and permitting requirements governing wetlands and waterways administered by the U.S. Army Corps of Engineers. It is highly recommended that applicant contact Terry McKee at 303-979- 4120 for assistance on this issue. OTHER: Grass seeding Mix A in the Reclamation Plan(dated May 6, 2002)developed by Andrea Vialpando of the NRCS is recommended for re-vegetating the topsoil berm. The grass Mix B containing a broad range of grasses is recommended for the landscape areas that will be planted with Ponderosa pine and American plum. The District welcomes the opportunity to review and comment on proposals such as this. Conservation and wise use of out 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,please feel free to contact the NRCS representative at 303-659-7004. Sincer y, �Bo Dis ct Board of Supe rs CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT �~ (eioct„, Weld County Referral July 11, 2003 C. T >, COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Floyd Winslow for HCP Case Number USR-1438 Ventures, LLLP Please Reply By August 8, 2003 Planner Jacqueline Hatch Project Site Specific Development Plan and Use by Special Review to operate a truck driving and heavy equipment school. Legal NW4 NW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 18 and approximately 1/4 mile east of CR 53. Parcel Number 1305 28 000026 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) TBA U 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 akeeged-leiirr. — Comments: Lk l.rifj-i -f t o p roic , epics o5, - -Le. +t -v (z-) 11 ,X, 5 -P� f�w i S-t� -tn-p- ''cr - T — to n�lv the v. P�,Jf' S u f'V /522,-P4- S- — `/ uxD '` uttwu n.a,., k � . a-�-�o1 car; 7 � Signature {��117t,i�,�,, Ctiaet_.z_ Date 2, 2_OO3 Agency Weld IZe-3 Sciso? •i'N?!d County Planning_;eot. +1555 N. '5'h =>_.Creeley.CO. 80631 +!970)353-6100 ext.3540 +I 970)334-6498'ax ' °F:n DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD LITTLETON,COLORADO 80128-6901 November 7, 2003 Ms. Jacqueline Hatch Weld County Planning Department Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: Floyd Winslow for HCP,Ventures,LLLP, Case No.USR-1438 Corps File No.200380633 Dear Ms. Hatch: Reference is made to the above-mentioned project located in the NW '/ of Section 28,T2N, R64W, 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. 200380633. Sincerely, Tim y . arey Chief, Reg Office tm .. Weld County Planning Department GREELEY OFFICE JUL 2 2 2003 � ' ��� DEPARTMENT OF THE ARMY RECEIVED z CORPS OF ENGINEERS,OMAHA DISTRICT `-z-DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD LITTLETON,COLORADO 80128-6901 July 18, 2003 Ms. Jacqueline Hatch Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Flyod Winslow for HCP Ventures,LLLP, Case No.USR-1438 Corps File No. 200380401 Dear Ms. Hatch: Reference is made to the above-mentioned project located in the NW '/<of Section 28, T2N, R64W, 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. 200380401. Sincerely, Tim thy T. l arey Chief, `►a• -r Regu .tory O fice tm .h MAY-06-02 FROM-Con Evior o' MLners s d Gao,oey *130coota5a -666 F 001/00'. f-132 5 IATE of COL07I�_DO _ DIVISICIN OF MINERALS AND GEOLOGY Depa'tment o' a:u.al Resources - �'- 1313 Sherman St., Room 215 Denver,Colorado 80203 D I L 5 0 e Phone:(303)866-3567 M I N E RA ' FAX:(303)832,8106 & GEOLOC P.EG LAM ATICI May 8, 2002 MINING•5AFET Bill Owens Mr. Terry Doulgass Governor Careers Worldwide Greg E.Welcher FAX (303) 227-1325 Executive Director Michael if,Long Division Director RE: Use of an existing mine site for a heavy equipment training facility Dear Mr.Douglass: In reference to our phone conversation of May 8,2002,you inquired about the following: • May your company,Careers Worldwide, use an existing mine site under permit to Winslow Construction as a training facility for heavy equipment? • How should your company proceed in order to satisfy the concerns of this Division and Bc ard? Your questions in order: • You may conduct excavation of material on private property and not need a Mined Land Reclamation Board permit for reclamation so long as no material is transported offsite. • In order to satisfy the concerns of the Board and Division since the site is a permitted by Winslow Construction,two approaches are possible. 1. Winslow Construction could complete reclamation and seek bond release under the ter ms of the Rules and Regulations. Once the site is released and your company complies with the condition stated above, the Board would then have no jurisdiction on your business activity. 2. The other approach is to have the Operator request bond release. We would inspect th.; site and deny the release. The Operator should appeal the Division's denial to the Board and the Board would hold a hearing to consider the appeal. At the hearing you, as the new landowner,you shout l ask the Board to leave the site in its present, unreclaimed condition. You should explain to the Board why you want the site left as it is. You would also need to provide the Board a notarized le.ter,signed by an officer of your company. The notarized letter should state that you want the site lef:as is. Also, that your company will not hold the state liable for any reclamation, or any environme ttal, or public health and safety issues that may occur as a result of the site not being reclaimned. In either case,T suggest that you seek a Declaratory Order exempting your company from havi 3g to obtain a Mined Land Reclamation Board Permit. If you would like to seek a Declaratory Order,please contact our Mr. Carl Mount,(303) 866-3567. Respectt``��Ily, H. Bruce Humphries Minerals Program Supervisor cc: Carl Mount, DMG t'� Y6:66 MA v-09-02 'F. ,�� FROM-:;:o. e,;:on o. fiinara:E & Gecloy; *1o<33c635 T-S66 P JCl/0'sQ ,_ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGP Deoanrnc,n of c:Ural Resocrces 1313 Sherman SI., Room 215 Denver,Colorado 80203 O I 5 i C r C Phone:(3031 866-3567 MINERAL FAX:D03)832-8106 & GEOLOG RECLAATI May 9, 2002 MININGMSAFET Mr. Terry Douglass Bill Owens FAX: (303) 227-1325 Governor Greg E.Watcher Executive Director RE: Need For State Reclamation Permit Michael 9.Long Division Director Dear Mr. Douglass: Enclosed are pertinent sections of the Colorado Mined Land Reclamation Board Rules and Regulations. To determine if you need a permit for your proposed activity, first check Rule 1.2 which describes activities the Board has determined do not require state reclamation permits. If you find a match, you can proct ed based on your interpretation of the rule,but at your risk. If you want to be sure or are uncertain how the Rule may apply to your activity,you should follow the procedures described under Rule 2.5 and petition the Board for a Declaratory Order exempting your activity from the requirement to have a state reclamation permit. The Board has directed the Division to make a preliminary determination, regarding the petitior and to advise you of that determination. A determination by the Division, however, does NOT give you the level of protection a Declaratory Order from the Board gives, If the Division is uncertain as to your need for a permit, the Division will schedule a hearing before the Board for a Declaratory Orden Please include in your petition answers to the following questions. These are some of the questions the Board typically asks of petitioners for a Declaratory Order for a waiver from the requirement to obtain a Mined Land Reclamation permit: 1. Please give the legal location of the proposed project and submit an index map that cic arty delineates the location of the proposed extraction site and the location of the nearest city,town,and cot my location name. 2. Is the site of material extraction public or privately owned property? Privafe BuY t,+a &7'a.i ea ocCpeg 3. What type(s) of material is proposed to be extracted? 4. Will the extracted material be hauled offsite or used on the same parcel of property wl ere the material is extracted? 5. What on site use will be made of the extracted mat /erial? / T/7 Set /// RR' r°,f . f' .rat. e e.t 15 t cfi4J ".c9 LV 6. If the material is hauled offsite, where will it be hauled and what is the intended use? 7. What is the approximate areal extent of the proposed extraction in acres? 2 3 ficis1e'a 8. To what approximate depth will the extraction extend? `7 in 1 MAY-08—C2 '3 G' °R0M—Co;or i vis.c- of Mn a;s s :,eeloy>' . 303866,15;, T-66E P 005/00c n Mr Terr,DOu,giass-fshMinin May 9, 2002 Page 2 9. In cubic yards, approximately how much material will be removed? 10. By what method(s)will the material be extracted? v.-- »..'^.J1 11. Will either the landowner or the mine site operator receive any type of compensation,i.e., monetary,in-kind, etc.,from the proposed material extraction? /Jo 12. Please supply a copy of any documents that will ensure that the area of extraction will be eclaimed to sonic beneficial land use once extraction activities have been com2leted. by r{,r .: - ,� fjir.,'(«t-' a.�. Ay)tee, {.`r`s if we gunie. %rrl,e,/r' 13. Do you have permits for this activity from any other governmental agencies, and, if so,what are they? i P '-jieL} 4 53, P'5ic -f , " tf 14. Are there state/federalllocal agencies participants in terms of funding(yes)-(no),design p es)-(no).-What are the percentages? /-tJCR/Y '(orCc A</0 e' ., t..i [ f7 4.'/Ed /rare. We trust that the activities will be performed as represented. If we receive a complaint, we are r quired to conduct an inspection of the site. Send the petition to the Division,and we will make a determination or schedule the petition befc re the Board at its next meeting. Normally,the Board meets each month in Denver for two days. The meetings are held in Room 318, 1313 Sherman Street, starting at 10:00 am. The next monthly meeting of the Board is May 22, 2002. If there is a hearing on this matter,we recommend that you or your representative be present at the i nesting when your petition is considered. You are encouraged to make your own presentation and answer questions by the Board.The Division will not make your arguments for you. We will, however, schedule consideration of your petition by the Board. If we schedule this matter for a Declaratory Order hearing,you should prepare 12 copies of the m aerial you wish to present to the Board. We need to receive your material 10 days prior to the scheduled Board he wing date, so that we have time to distribute your copies to the Board for their use during the meeting. During the hearing, the Division may recommend to the Board that you need a permit. That rec nnmendation will be based on the petition's content and conversations with you in its regard. The Division's ecommendations, however,are not always followed. The Board will make the final decision on this matter. If you have any questions, please contact Bruce Humphries at(303) 866-4925. Sincerely, Tawnya DeHe ra Administrative Assistant Enclosure Moss\mldVh 4 Minins\BIno form Leuer.doc MAY-OD-DD 3:01 FR0µ-Cal: Div-:E'er o' M'ner2'E n Gec:og> + 3CED66 --c3E ? 004/00; =-!3F . it r r O vls;oN OF i'.11NERA'S AND CEOLOCY 'I:dnnn!n i). N.uur]:PesOurfe£ Sierrmnr Sr.,noon :I S \~ Ounvor,Coiuradq lj0733 J V I $ p Phone:13rr3i 3hh•3sni FAX:(3(33J 832.S I Orr M ( N E 2�r GEOLO RECLAMAT MINiNC•SAF MLR Board Policy ells Owens� Governor Creq E.Welcher Executive 0lrenor Need for a Reclamation Permit Michael e.Lone Dtdalon Director Under most circumstances, the following activities would not fall within the definition of the term "mining": • 1) The excavation, use and disposal of the material will occur on. parcels of private property, owned or controll3d by the same persons. The exemption also includes material- extracted from- ranches or farmlands and use 3. on the • property to maintain agricultural operations; or 2) Hand tools and lightweight, rubber-tired vehicles are used to extract and transport the Material off site, and there will be only incidental surface disturbance; or 3) The excavation of material is part of a project that is subject • to government review and permitting. The approved government permits ensure a beneficial use of the site affected by the material extraction. The intendE.d off site use of the extracted material is clearly incidental to the project. Michael B. D G Director Date • 4 for the MLR Board SftMiningPelicy.m1;b MWY-CP-:: 13:C' ;ROM-Cole C'v161on c` M nerls d uec'cgv T13036663: T-566 o 005/305 ;-136 1.2 ACTTVITIE3 THAT DO NOT REQUIRE A RECLAMAT`_OI4 PER_aIIT 103(3)and(t3) 1.2.1 Specified by Rule The Board has determined that certain types of activities d3 not need reclamation permits either because the excavated substance is not a construction material as defined in Section 34-32.5-103(3), Colorado Revised Statutes 1984, as amended or because the activity is not a mining )peration as defined by Section 34-32.5-103(13), C.R.S. 1984,as amended_ Such activities include the following: (a) the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe; (b) the development or extraction of coal (:•efer to the Colorado Surface Coal Mining Reclamation Act Section 31-33-101, et seq., C.R.S. 1984, as amended); _ • (c) cleaning,preparation,transportation,and c ther off-site operations not conducted on permitted land; and (d) the extraction of geothermal or groundwater ntsources. • 1.2.2 Reserved 1.2.3 Reserved • 1.2.4 Mining on Federal Lands Any person who intends to extract construction materials on federtl lands shall apply for a Mined Land Reclamation Board permit unless specifically exempted by the Board according to the provisions of this Subse;tion 1.2. WILY—OE-C7 c:O2 :ROM—Co:0. Doiisior. c? M;sera'.: a Gee cg: " Gcoo:E '-566 ::E/OD; —'6E DECLARATORY ORDERS (Sectior. - S 2.5.1 Cause for Seeking a Declaratory Order • Any person having an interest which is or may be affected may Detition the Board for declaratory order to terminate controversies or to remove uncertainties as to the applicability to the Petitioner of any statutoi y provision of or any rule or order of the Board made pursuant to the Mined Land Reclamation Act (Section 34-33.5-101. C.R.S. et seq.). • 25.2 Petition Submission • (1) The petition must be submitted, at a minimum, ten (10) days prior to the Board meeting at which it is to be considered. • (a) At the regularly scheduled Board meeting, the Board will determine in its discretion and without notice to Petitioner, • whether to rule upon any such petition_ _ • (b) If the Board determines that it will not rub; upon such a petition, the Board shall promptly notify the Petitioner >f its action and state the reasons for such action. (2) Any petition filed pursuant to this rule shall sett forth the following: (a) the name and address of the Petitioner and whether the Petitioner is a Permittee pursuant to the Colorado Mined Land Reclamation Act; • . (b) the statute,rule or order to which the petit on relates; • (c) a concise statement of all of the facts necessary to show . the nature of the controversy or uncertainty and the mane er in which the statute,rule or order in question applies or potentially applies to the Petitioner. 2.5.3 Consideration of Petition In determining whether to rule upon a petition filed pursuant to this Rule, the • Board will consider the following matters, among others: MAY-09-c: =.02 ;ROM-Colo :ivls;or: of Mre- .s 6 Geology -133866E '-566 F 007/009 F- 3E w:_the: a ruli_sl or, :he petition will a Controv:r5v or remove uncertainties as to the applicability to Petitioner of any starer.-, _.ro isic.. r rule o; order of the Board. (b) whether the petition involves any subject, question or issue which is the subject of a formal or informa matter or investigation currently pending before the Board or a cotrt involving • one or more of the Petitioners. (c) whether the petition involves any subject, question or issue which is the subject of a formal or informa matter or investigation currently pending before the Board or a court, but not involving any Petitioner. (d) whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling mr opinion. (e) whether the Petitioner has some other adequate legal • remedy, other than an action for declaratory relief pursuant to Rule 57, • Colorado Rules of Civil Procedure, which will to trninate the controversy or remove any uncertainty as to the applicz biliry to the Petitioner of the statute,rule or other in question_ •.. 2.5.4 Procedure for Consideration • • • If the Board determines that it will rule on the petition the following procedures shall apply: (a) The Board may, without further notice, rile upon the petition based solely upon the facts presented in the petition. In such a case, any ruling of the Board will apply only to the exter t of the facts • presented in the petition and any amendment to the petition. • (b) The Board may order the petitioner to f le a written brief, memorandum or statement of position. • (c) The Board may set the petition, upon die notice to Petitioner, for a non-evidentiary hearing. (d) The Board may request the petitioner to submit • additional facts,in writing. In such event,such additional facts will be considered as an amendment to the petition. WY-09—C? 1?: 2 FROM—Co.c, ivislr us Minerxit 6 Geology '15C395656E i-66i r 006/0D2 F-13E The Board may cake adn:iaistrative not'._e of Facts pursuant to the administrative proses.;:e act (Section 4-4-135,',F.), C.R.S.) and may utilize its experience, technical cout;etence and specialized knowledge in the disposition of the petition. • (f) If the Board rules upon the petition withott a hearing, it shall within ten (10) working days notify the petitioner of its decision by deposit in the mail. (g) The Board may, in its discretion, set the petition for • hearing upon due notice to Petitioner, for the purpose c f obtaining additional facts or information or to determine the truth of my facts set forth in the petition or to hear oral argument on the petition. The notice to the Petitioner setting such hearing shall set forth, tc the extent known, the factual or other matters into which the Board intends to inquire. For the purpose of such a hearing,to the extent necessary, the Petitioner shall have the burden of proving all of the facts ;tared in the • petition,all of the facts necessary to show the nature of the controversy • or uncertainty and the manner in which the statute, rule or order in • • • question applies or potentially applies to the Petitioner at d any other • facts the Petitioner desires the Board to consider. • 234 Party Status and Petition to Intervene • (1) ' The Office shall be granted party status upon request_ • (2) Any other person may seek leave of the Board to intervene in such aproceeding, and leave to intervene will be granted at the so e discretion • of the Board. (3) A petition to intervene shall set forth a concise star tment of the facts necessary to demonstrate the nature of its position, and the manner in which the statute, rule or order in question does or does not t.pply to the • Petitioner. 2.5.6 Effect of a Declaratory Order Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to Section 24-4-106, C.R.S. M4, u'-„ Y :03 FPC0—Co Dlvlslor of Minerals & Geo og +1c0366Ef --SCE p 00V009 .—';E News and Infora(an/ow in::Colorado Division of MincuIs and C color and the Colorado Mined'.and Roc'Imadon Board DMG Bulletin -- August 4. 200 0 Clay Uned Reservoirs The Minerals Program has developed a policy to address the construction of clay lined reservoirs as a post mining land use. The new policy provides applicants with a number of options designed to meet the requirements of the Construction Materials Act ar d the Office of the State Engineer. The new policy was developed in consultation with the Office of the State Engineer. If you would like a copy of the Policy, please contact Mr. Allen Sorenson at the Division of Minerals and Geology, Minerals Program (303) 866-4063. Construction Materials Fee Increase Effective July 1, 2000, the fee for a Construction Material permit revision and the annual fees for all Construction Material Operations have increased by 25%. Please contact the • Office if you plan to submit a revision to your Construction Material permit or a-iew application. If you are a Construction Material mining operator, you will receive, prior to 5 +saT' the anniversary date of•your permit, a'notice that will list the new fee for your operation: ���; Operators holding what are known as Hardrock mining operation permits do ncttall under . the 25% fee increase since these mining operations pay severance taxes. Limited impact(11O) Operations Special 111 Operations . New Application $1,O94 New Application $781' Amendments $719 Annual Fees • $438 Annual Fees $281 Regular 112 Operations Prosoectina Operations New Application $2,344 New Application. - $94 New Quarry Application $2,9O6 Annual Fees $75 Amendments $1,936 Conversion $2,344 Other • Annual Fees $688 Succession Of Operator $125 Technical Revision $188 Temporary Cessation Application $125 If you have questions please contact: Mr. H. Bruce Humphries Minerals Program Supervisor RM 215, 1313 Sherman Street Denver,Colorado 80203 3O3-866-4925 e-mail: bruce.humphdesestate.co.us ,rte _ I J Hello