HomeMy WebLinkAbout20033035.tiff Weld County Planning Department
GREELEY OFFICE
b JUL 1 0 2003
rat
Weld County Ref8 WED
' June 27, 2003
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Hall-Irwin Corporation Case Number USR-1435
Please Reply By July 28, 2003 Planner Kim Ogle
Project Site Specific Development Plan and Use by Special Review for Mineral Resource
Development Facilities, including Open Pit Mining and Materials Processing, a
Concrete and Asphalt Batch Plant and a Concrete Recycling Facility.
Legal Part of Lot B, Corrected 2ndAmRE-1053; and part S2 of Section 12, T5N, R65W of
the 6th P.M., Weld County, Colorado.
Location North of and adjacent to CR 58 (East 16'" Street)and 1/4 mile west of CR 47 1/2.
Parcel Number 0961 12 000126 and 0961 12 000130
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) September 2, 2003
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
.1O❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature ----� Date
- gency V L() EXHIBIT
my°anning Th_r `!. .. .. .n`9eie 80P: _. -" . ^^exL7E C _i vl 1
2003-3035
Applicant: Hall-Irwin Corporation
planner: Kim Ogle Case#: USR- 1435
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10 8 WCR 58 8
0.4 0 0.4 0.8 Miles
Highways
Major Roads
Local Roads N
Railroads
Plsspolyl .shp \)
SoilsSoil Types
ONO Lakes W � � E
Streams & Ditches
� Floodplains S eta;.,�t �
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West Greeley Conservation District
(970) 356-8097 '
Case Number: USR-1435
Applicant: Hall-Irwin Corp.
I Planner: Kim Ogle
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Dwellings I small I Septic Tank Prime Farm
Map Shallow Dwellings with
Symbol Soil Name Soil Texture Excavations without basements Commercial Absorption Land (if Additional Comments
basements, Buildings Fields irrigated)
1,Altvan Loam Severe I Slight Yes IWest Greeley
3 Aquolls Gravelly Substratum J Severe Severe Severe Severe Severe 'No Conservation District
8 Ascalon Loam Slight Slight jYes always discourages
10'Bankard Sandy Loam Severe ,Severe Severe Severe Severe No building within a
54 Paoli Loam 'Slight .Severe Severe iSevere Slight Yes floodplain.
66 Ustic 'Severe No
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils
description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to
call our office.
mtirav cnuy
Produced by the West Greeley Conservation District
Colorado Department
of Transportaion
1420 2'Street
Greeley CO 80631
(970)350.2148
"e ' ounty Planning Department
GREELEY OFFICE
JUL j 0s 2003
Memo RED. '%
Tos Kim Ogle
Front Gloria Hice-Idler
CO file
Dates 7/7/2003
Res Hall-Irwin Corporation—USR1435
Kim,
My earlier comment stated that all of the auxiliary lanes on State Highway(SH)34 were warranted as a
result of this proposal. Their traffic engineer said just the opposite. What Hall-Irwin's engineer didn't
recognize was that this highway is categorized as an EX highway and has tougher standards than
other highways.
The applicant needs to anticipate possible improvements to the intersection of SH 34 and WCR 47%.
An access permit will be required for those improvements.
EXHIBIT
1
1 7
Weld County Planning Department
GREELEY OFFICE Colorado Department
AUG 2003of Transportaion
14202n°Street
RECEIVED
Greeley CO 80631
(970)350-2148
Memo
To: Kim Ogle
Front Gloria Hice-Idler
CC: file
Date: 8/4/2003
Re: Hall-Irwin Corporation—USR1435
Kim,
Last week I received a phone call from the traffic engineer for the above USR. After discussing the
comments in my earlier memo, it became apparent to both of us that the traffic report that I had had
been revised. Mr.Coppola sent me the newest copy.
In the newest TIS,the need for auxiliary lanes is addressed. However,the applicant is still responsible
for verifying that the existing auxiliary lanes meet the standards necessary for his volumes.
1
Weld County Planning Department
fl"'`l ry fl FFrr
JUL. 1 5 2003
MEMORANDUM RECEIVED
To: Kim Ogle
From: Dave Tuttle
Date: July 13, 200 "`
Subject: USR-1435
The sheriff's office recommends the following improvements for this gravel pit
operation:
1. The sheriffs office requests that gravel trucks transporting materials out of the
area on county roads assure that their loads are covered, thus reducing loose
materials on the roadway and the amount of damage to vehicles.
2. The Sheriffs Office also requests that gravel trucks and other vehicles leaving
the site do not bring foreign materials on to the roadways on their tires. This
may be accomplished by paving a short distance prior to entering the public
roadway.
3. The 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 Sheriff's Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the Board of County
Commissioners or as indicated by growth not considered at the time the plan was
developed. I have no other comments on this proposal.
r
EXHIBIT
I it
- 10— Memorandum
TO: Kim ,O le Department of Planning Services
9 P
1 DATE: July 17, 2003
•II FROM: Charlotte Davis, Environmental Health Services
COLORADO
SUBJECT: USR-1435, Rocky Mountain Ready Mix
Concrete, Inc.
Environmental Health Services has reviewed this proposal for a Mineral Resource
Development Facility. We have several concerns about the proposal presented.
The application materials submitted state that bottled water will be utilized as the
facility's source of water. The application states that the site will be mined in 6 phases,
that 56 individuals (with 2 shifts) will be working on the site and that the operation will
be open Monday though Saturday, 6:00 AM to 7:00 PM. We do not believe that bottled
water is an adequate source of water for this type of operation.
..._ In addition, the application materials state that no sanitary facilities are planned for this
operation and that portable restrooms will be utilized. The proposed sewage disposal
facilities (portable toilets) does not comply with the Weld County Code (30-2-10) which
states that the owner shall supply an adequate, convenient, sanitary toilet and sewage
disposal system where people live or work or congregate.
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application to the Air Pollution Control Division, Colorado Department of Health
and Environment for emissions of criteria, hazardous or odorous air pollutants.
2. Submit a dust abatement plan to the Environmental Health Services, Weld
County Department of Public Health & Environment, for approval prior to
operation.
3. The applicant shall provide evidence that the facility has an adequate water
supply for drinking and sanitary purposes.
4. If applicable, a CPDS Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health for any proposed discharge into
State Waterways.
,----
EXHIBIT
14
USR-1435
Hall Irwin Corporation
Page 2
5. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health & Environment. The plan shall include at a minimum, the
following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
We recommend that the following requirements be incorporated into the permit as
conditions that that must be met prior to the issuance of the Certificate of Occupancy:
1. An individual sewage disposal system is required for the proposed office
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations.The installation of the septic system shall comply
with the Weld County I.S.D.S. flood plain policy.
We recommend that the following requirements be incorporated into the permit as
development standards:
The facility shall operate in accordance with the approved dust control plan.
1. Fugitive dust shall be controlled on this site. The facility shall be operated in
accordance with the approved dust abatement plan at all times.
2. 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.
3. 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.
4. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance conditions.
USR-1435
Hall Irwin Corporation
Page 3
5. The applicant shall operate in accordance with the approved "waste handling
plan".
6. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
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. If applicable, the applicant shall obtain a stormwater discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.
9. The applicant shall remove, handle, and stockpile overburden, soil, sand and
gravel from the facility area in a manner that will prevent nuisance conditions.
10.The facility shall provide an adequate water supply for drinking and sanitary
purposes.
11.Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility.
12.In the event washing of vehicle will occur on site the applicant shall ensure that
any vehicle washing area(s) shall capture all effluent and prevent discharges
from the washing of vehicles in accordance with the Weld County Code, the
Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
13.Portable toilets may be utilized on sites which are temporary locations of the
working face and portable processing equipment, ect., for up to six months at
each location.
Weld County Planning Department
7ifte GREELEY OFFICE
MEMORANDUM JUL 2 2 2003
\I RECEIVED
C TO: Kim Ogle, Planner Ill DATE: 7/18/2003
WI Ql O FROM: Donald Carroll, Engineering Administrator F
CO
COLORADO• SUBJECT: USR-1435, Hall Irwin
W
.ssiggn
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our
comments and requirements are as follows:
COMMENTS:
WCR 58 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code
Ordinance, Section 20-1-30, 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. WCR 47.5 is designated on the Road Capital Improvement Plan as a
local paved road. There are residential/agricultural parcels and a dairy operation adjacent to this roadway.
The posted speed limit at the site entrance is 30 MPH.
All bridges are legal on the designated haul route.
REQUIREMENTS:
Site Access: In reviewing the traffic study, the applicant indicated that on a daily basis the site will generate
500 vehicles trips. The applicant shall install an acceleration/deceleration lane at the main entrance to
accommodate this volume. A construction drawing will be required for review and approval.
Intersection - WCR 58 / WCR 47.5: The applicant shall provide a plat drawing of improvements indicating
turning movements at this intersection to accommodate tractor trailers traveling both northbound and
southbound. Widening will be required at the intersection to accommodate turning radiuses.
Intersection - U.S. Highway 34 / WCR 47.5: The right turn radius should be widened to accommodate trucks
turning westbound on to US Highway 34. There is a deceleration lane and a left turn slot in place; verify with
CDOT for any additional requirements.
All proposed lanes and turning radiuses shall be widened to accommodate trucks. The intersection designs
improvements shall take into consideration the right-of-way, drainage, utility, and other such issues.
Existing Road Status: The Weld County Public Works has evaluated the existing road status of WCR 58 and
WCR 47.5 for additional overlay requirements to accommodate the proposed heavy hauling on this route. The
materials department has evaluated the structural integrity of the designated haul route and recommends the
following: 1) From the main entrance to WCR 58 to the intersection of WCR 47.5, a 1.5-inch overlay will be
required. 2) On WCR 47.5 south to US Highway 34, a 2.5-inch overlay will be required at this location. Both
additional overlays are required to accommodate the proposed heavy hauling on this route.
Kim Ogle
July 18, 2003
Page 2
The applicant shall upgrade and pave the intersections in the designated haul route within six months after its
first shipment of gravel that has been mined from the site.
Haul Route: The applicant shall enter into a Road Maintenance and Improvements Agreement for the
designated haul route. The site plan traffic disbursal indicates that 30% of the traffic from the main entrance
will travel west, and the remaining 70% will travel east to WCR 47.5, then south to US Highway 34 and
disburse east and west. From this disbursement, the designated haul route appears to be WCR 58 from Fern
Avenue, east to WCR 47.5 then south to US Highway 34.
CDOT Requirements: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses
to the State Highways. Please contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the
access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Gloria
Hess-Idler has been given the traffic impact study for review and comments. Coordinate any Weld County
widening improvements at WCR 47.5 and US Highway 34.
On Site Improvements: The approach road and the small parking area adjacent to the office/scale house
shall be paved to accommodate customers and vendors. It shall conform to all standards of the Americans
with Disability Act. Each space shall be equipped with guards where needed to prevent vehicles from
extending beyond the boundaries of the spaced and from coming into contact with other vehicles, walls,
fences, or plantings.
The off street parking and loading zones shall be surfaced with either gravel or the equivalent and shall be
graded to prevent drainage problems.
Future Right-of-Way: The applicant shall dedicate an additional 10-foot right-of-way adjacent to WCR 58 to
accommodate improvements at this location. This should be shown on the plat drawing.
Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a
manner that will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off.
pc: USR-1435 M:\PLANNING\USR-8.doc
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July 22, 2003
Weld County Department of Planning Services
Mr. Kim Ogle
1555 N. 17th Ave.
Greeley,CO 80631
RE: Planning Referral—Case Number USR-1435 (Hall-Irwin Corporation)
Dear Mr. Ogle,
The Greeley-Weld County Airport Authority has reviewed this subject referral and offers the
following comments.
The Greeley-Weld County Airport Authority has no conflicts with the proposed land use in this
referral. However,the Airport Authority has concerns over the height of the equipment that will be
utilized. This parcel of land is located in the Airport Zoning Overlay District for the airport and is
directly underneath the instrument approach path for Runway 34.
The Greeley-Weld County Airport Authority requests that Weld County require an aeronautical study
to be performed on the site, and approved by the Federal Aviation Administration prior to the
County's approval of the application.
If you have any questions, please contact me at 970-336-3001.
Sincerely,
(3-
MichaelA. Reisman, A.A.E.
Airport Manager
EXHIBIT
P.O. Box 727 • Greeley, CO 80632 • (970)336-3000 • FAX(970)336-3030
07/29/2003 15:43 FAX 970 350 9800 CITY OF GREELEY CON DEV IJ002
OFFICE OF COMMUNITY DEVELOPMENT
Planning Division
1100 10th Street, Suite 202,Greeley,Colorado 80631 • (970)350-9780• Fax(970) 350-9800
• www.greeleygov.com
July 28, 2003
Kim Ogle
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Subject: WCR 37:03 USR for Gravel Mine, Asphalt Batch Plant, Hall Irwin
Ms. Ogle,
Thank you for the opportunity to comment on this Use by Special Review request. The Adminstrative
Review Team has reviewed this site plan and related documents and has no further comment at this time.
Planning staff would ask that adequate buffering and screening be required and that traffic impacts to CR
58 (East 16th Street) be taken into consideration when considering this request. We ask that all trucks use
approved truck routes from the batch plant to locations into and out of the City and hope that the traffic
impact will be minimal to existing residential areas in the eastern part of Greeley. .
The site is outside the Greeley Urban Growth Area and should not negatively impact future development
within the City of Greeley.
Thank you once again for the chance to comment on this case. Please call me at 350-9784 if you have any
questions.
Sirely,e
i,e_
Paul Rayl
Planner II
EXHIBIT
170
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER a co
Division of Water Resources
�r,�g ��
Department of Natural Resources July 23, Yreflr(;0Q Oty Planning �BPBr '.;�c'-ai r,
1313 Sherman Street, Room 818 GREELEY OFFICE
Denver,Colorado 80203
Phone(303)866-3581 JUL 2 8 2003
FAX(303)866-3589 Bill Owens
www.watecstate.co.us R.r C E I\V f E D Governor
ILF�[1s Greg E.Walther
Executive Director
Mr. Kim Ogle Hal D.Smpson,RE.
Weld County Planning Department State Engineer
1555 North 17th Avenue
Greeley Co 80631
Re: Hall Irwin/Mining Special Use-USR 1435
S1/2 of Sec. 12, T5N, R65W, 6th P.M.
Water Division 1, Water District 5
Dear Mr. Ogle:
As you may already know the State Engineer's Office through a Memorandum
dated August 7, 1995, informed the counties that, effective August 31, 1995, this office will
no longer respond to land use actions that do not involve the subdivision of land as
defined in Section 30-28-101(10)(a) C.R.S. (see-attached memorandum). These actions
include but are not limited to lot line adjustments, zone change request, special use land
and division by exemption. This referral does not appear to qualify as a "subdivision".
However we have reviewed the above referenced material. The proposal is for a
mining operation identified as Nissan Farm Pit M-2003-001. The proposal also includes
asphalt and concrete batch plants and a concrete recycling plant. As required by the
Section 37-90-137(11), C.R.S. gravel pits that exposed ground water to the atmosphere
after December 31, 1980 need to replace all out-of-priority depletions of ground water.
Therefore the applicant will need to obtain a well permit for the gravel pit. However, prior
to obtaining a permit, an approved substitute water supply plan or decreed plan for
augmentation is required. On May 27, 2003 the State Engineer's Office informed the
Division of Mineral and Geology that since ground water is to be exposed at the site, the
above mining operation needs to operate under a temporary substitute water supply plan
until the final reclamation of the site. On January 10, 2003 a request for a temporary
substitute water supply plan was submitted to the State Engineer's Office. A well (gravel
pit) permit application for the site was also submitted to the State Engineer's Office on
February 24, 2003. However the permit application cannot be completed until the State
Engineer approves the temporary substitute water supply plan.
If you have any question in this matter please contact this office at 303/866-3581.
Sincerely,
re
Kevin G. Rein
Water Resource Engineer
Cc: Jim Hall, Division Engineer EXHIBIT
1 (;
0 DEPARTMENT OF BUILDING INSPECTION
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO 80631
WEBSITE: www.co.weld.co.us
Phone(970) 353-6100, Ext. 3540
flUe
COLORADO
July 30, 2003
Hall Irwin
Site Specific Development Plan and Use by Special Review for Mineral Resource Development
Facilities, including open pit mining and materials processing, a Concrete and Asphalt Batch
Plant and a concrete recycling facility.
USR-1435
There are no active or historical permits on record for this parcel.
re-
1. A building permit shall be obtained prior to the construction of the concrete or asphalt batch
plants, scale, shop building, office trailer and any other structure placed on the parcel. A plot
plan shall be submitted showing all structures with accurate distances between structures, and
from structures to all property lines.
2. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of
plans are required when applying for each permit.
3. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 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. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
5. Building wall and opening protection and limitations 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.
alma
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 m
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Z
Weld County Code in order to determine compliance with offset and setback requirements. W
Service,Teamwork, Integrity,Quality
Page 2.
Offset and setback requirements are measured to the farthest projection from the building.
7. A Flood Hazard Development Permit shall be submitted for buildings constructed within the
100-year flood plain whether the buildings are existing or new.
Please contact me for any further information regarding this project.
Sincerely,
Jeff Reif
Building Official
r
Service,Teamwork, Integrity,Quality
AUG-12-2003 TUE 04:59 PM WELD CO GOVT FAX NO. 9703520242 P. 01
AUG-12-03 16:21 FROM-Colorado Division of Mineral; 8 Geology +1303080358T 1-878 P.001/008 F-TTO
STATE Of' 'COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depsrenent of Natural Resources
1313 Sherman St,Room 215 COLORADO
Denver,Colorado 80205 DIVISION OA
Phonx(303)8663367 Ni I N F„RA L S
FAX(303)8332-8106 G E O o Lc O G Y
▪ :LAMATION•MININ0
rAz COVER STET (Fax # 803-8324106) SAFeT•SCIINC!
NI Owen!
CO*nor
1O: taitI `r- — ry- _y C644.7664 GrpsE Walther
;at cove Dilator
Ra ald W.csw
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EXHIBIT OfficeorIna i
Mined Ii R.Q.IaM1anO11 /1QIM and Inactive mines
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AUG-12-2003 TUE 05:00 PM WELD CO GOVT FAX NO. 9703520242 P. 02
AUG-12-03 16:21 FROM-Colorado Division of Minerals L Geology ♦18038863681 1-318 P.002/006 F-714
STATE OF COLORADO
DIVISION OF MIN9tAIS AND GEOLOGY
Department of Natural RI ouccer
1313 Sherman R.,Room 215 C O L D RAD O
Denver,Colorado 80203 D l�'1 r 1 0 N O F
Plana(303)066-3567 AL I N F,,.RA L S
FAX:(903)832-8106 C i E O I
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PL.CLAMATION•MIN INC
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August 12,2OO3 0'Nemor
O.ere E.Wa ldler
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Notice to Parties and Interested Persons to the Nissan Farm Resource:'ermit Application oral
arpM
nd Resource Trustee
RE:Nissan Farm Resource Regular 112 Application;File No.M 2 003-001;Class:Permit
"Recommended Decision&Rationale For Approval with Sail lalalion,over Objections"
Dear Patty and/or Interested Person:
The Division of Minerals and Geology has reviewed all contents of di:Mum Farr Resource—
Regular 112 Application,File No.M-2003-001 and recommends apps wan with 1 condition.
Attached is a copy of the Division's rationale for approval with stipub Lion,over objections. The
Division's recordation will be made during the Formal Public Hi wing scheduled before the
Colorado Mine Land Reclamation Board on August 20,2003 to be he d at the State Capitol,200
• E.Colfax,Room 0109. The hearing will commence at 10:00 an.or(s soon thereafter as the
matter can be considered.
Please call me at(303)866-3567 if you have any questions,
Sincerely,
Thomas A Schreiner
• Environmental Protection Specialist
Attachment—Certificate of Service
Attachment—Rationale Document
office of ORlae of Colorado
Mined Land Reclamation Active and endive Mines - Geological Survey
AUG-12-2003 TUE 05:00 PM WELD CO GOVT FAX NO. 9703520242 P. 03
AUG-12-03 10:22 FROM-Colorado Dlvielon of Minerals i Geology 448010683587 1-878 P.008/008 F-774
I,Tom Schreiner,hereby cefHfY that on this 12*day of August,2(03,I sent a true copy
of the foregoing:Nissen Farm Resource Regular 112 Application;Fil a No.M-2003-001;
Recommended Decision and Rationale for Recommendation for App oval with Stipulation,
over Objections via Federal Express addressed to the following:
Mr.Jeff Gregg Merit Energy Co ninny
Ball-Irwin Corporation C/o Mr.Keith M Crouch,P.C.
3026 4a Avenue 5015 Ingersoll P ace
PO Box 2150 Boulder,CO 81303
Greeley,CO 80632 (303)414 451'.
(970)352-6057
(970) 539-1201 cell
Mr.Richard Brown Mr.Randy Wolf
23752 WCR 58 23989 WCR 58
Greeley,CO 80631 Greeley,CO 80 531
(970)356-9153 (970)353-6728
Ms.Derma Stevenson Ms.Mary S.Joh son
23738 WCR 58 23952 WCR 58
Greeley,CO 80631 Greeley,CO 80 531
(970)304-9118 (970)3524794
Ma.Karen Flanders Ms.Donna Ortiz
Tetra Tech RMC,Inc. 451 Oak Street
1900 South Sunset St.,Suite 1-F PO Box 680
Longmont,CO 80501 Fredrick,CO 81530
(303)772-5282 (303)833-1410 eut.3
Sandy Brown,Pre-heming Conference Officer
Torn Roan,AGO for the Colorado Mine Land Reclamation Board
Cheryl Linden,AGO for the Division of Minerals and Geology
Carl Mount,DMG
AUG-12-2003 TUE 05:01 PM WELD CO GOVT FAX NO. 9703520242 P. 04
AUG-12-03 16:22 FROM-Colorado Division of Minerals i Geology +13036663667 T-3T8 P.004/006 F-TT4
Rationale for Recommendation of Conditional Approval,Over Objections
• Regular 112 Construction Materials New Applle Alen
Hall-Irwin Corporation
Nissen Farm Resource,Pile M-2003-001
Wroluggs
The Hall-Irwin Corporation Regular 112 Application for 134.21 acres was oti Orally fbumd complete and
considered filed with the Division on January 2,2003. Due to the applicant's request,review of the
application was suspended until May 20,2003 when a revised application wit fled. Due to objaetions
received dining the public comment period a pre-Hearing Conference was he:d or Illy 25,2003. On
August 12,2003 tilt Division issued a recommendation for approval of the e;plicaton,over objections.
The Nissen Pc Resource site is located several miles east of Greeley in We d Coaaly,Colorado. Ike
proposed permit area is located in part of the south half of Section 12,T5N,P 65W,r P.M. A total of
89 acres will be excavated throughout the life of the operation. Of this total, here will be a maeoamum
disturbance of 23.1 acres at any one time(excluding the processing area and]examen:screening berms).
A slurry wall will be installed surrounding the 89 aces to be excavated. The site will then be dawatered
and dry mined taring conventional=Ming equipment. The depth of excavate it is expected to be
approxhmtely41 feet below growl surface down to bedrock Alluvial peel ndwater is reported to be
approximately 4 to S feet below the ground surface. The applicant boa provk ad a hydrologic assessment
to predict possible oftbite groundwater impacts and bas committed to a grown Lwater monitoring program
throughout the lift of the operation to determine if and when a significant ohs age in groundwater level has
accursed. In addition,the applicant has committed to implementing mitigate r measures if it is determined
that an adverse hydrologic impact bee been caused by their Suing activities. The site will be reclaimed to
developed water resources and will include three(3)water storage vessels wi h 83.6 acres of water surface.
Surrounding areas will be topsoiled and=vegetated with a grass mix. Tree a id shrub pintiagc will alto be
established as pan of the revegetation process The Division bas calculated a total reclamation coat of
5900,400,assuming a 20%shiny wall installation cost. Final engineering de iigas and QaCe procedures
fin the slurry wall installation will be submitted to the Division as a technical revision prior to construction
• of the shiny wan-
I.OBJECTIONS:
The Division received objections from the following individuals during the p ablic comment period.
Oblong. Mitammbmd
Richard C.Brown 03/13/03
Donna Stevenson 03/14/03
Mary S.Johnson 04/08/03
Randy Wolf 04/10/03
Richard C.Brown 04/30/03
Merit Energy Company 07/02/03
AUG-12-2003 TUE 05:02 PM WELD CO GOVT FAX NO. 9703520242 P. 05
AUG-12-03 16:22 FROM-Colorado Division of Minerals 8 Geology +18086668661 T-878 P.006/006 F-774
•
IL ISSUES RAISED BY OBJECTORS:
Issues raised by objecting parties are listed below. The Division's response to objection issues follows.
Issues are listed under the rule to which they pertain. Issues that the Division.relieves are not within the
jurisdiction of the Division or Board me listed last
ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOA RD
Issues Rained Drain[T6tPublie Comment Period
1.Has Hail-Irwin provided unitized agreements with Merit Energy Partners i E,I?C'Merit")or an
appropriate engineering evaluation that demoamates the gas well structures a ill not be damaged by mining
activities?(Rule 6.4.19)
DMO Response—During the permit review process Raft-Irwin has assured tb:Division that they have
been actively pursuing notarized agreements with Medt Energy,PuUiets III,I P and ere close to securing
such agreements. In lieu ate pending notarized agreements,Hell-Irwin has provided the Division with a
stability analysis with conservative soil strength parameters(hhptda)end rend Mg Scion of safety that are
acceptable to the Division and provide reasonable assurances that the gas wet s,pipelines,end other gas
structures owned and operated by Merit will not damaged by the proposed ml ring activities. Hall-Irwin
has committed to a minimum setback of 55 feet from all gas lines and sethael distances of 75 feet,150 feet,
or 200 feet from other accompanying gas structures to ensure the operational reeds of such structures by
Merit as well as to protect from damage due to mining.
2 Has the Applicant coed with the State Engineer's rules governing ilia la to water rights?(Rule
3.1.6)
DMa Response— Hall-Irwin has cow to providing the Division,prior n expo nee of groundwater ndwatr at
die site,with verification$ooa the Office of the State Engineer that a teapots ry substitute supply plan has
been approved and a well permit has been issued. Hall-Irwin has also co®ted to limit the depth of
excavation at the site to within two(2)feet of die groundwater swan until el a Office of the State Engineer
bat approved a temporary substitute supply plan and issued a well permit for he site. It is the Division's
position that with these commitments in place the applicant,Hall-Irwin will b s io compliance with the State
Engineer's rides governing injury to water rights.
3.Has the Applicant proposed measures to minimize impacts to the hydrolog c balance is the alluvial
aquifer beneath the proposed mine site to protect ground water quality and qu mtityt(Rule 3.1.6)
• DMa Response— Uffir iwinbra tar>nin:4lo-set*ing an NPDES viaier''&Ant cern&Bonita(
Colorado Department of Health prior to any off-site discharge. Ball lrwin hi i also remained to submittal
of a spill containment and coutstermensures plan prior to distmbsnce at the si a to mane protection of
grotarlwater quality against any inadvertent spills or leaks of petroleum prod lets or chemicals used or
stored on site. Hail-Irwin will be instilling a shiny wall"keyed"into bedroc t prior to excavation of
aggregate materials and moan of groundwater at the site. The purpose of he slimy wall installation is
to facilitate creation oftlnee(3)water storage vessels that will meet or mane t the Office of the State
Engineer's leakage criteria for permanent water storage,and to minimize the :fSbms of de-watering and dry
Sting on the sunoumding aquifer. Prior to exposure of groundwater,a temp ataxy substitute supply plan
and well permit will be issued by the Office of the State Engineer which inch de provisiims fir failure of
the ahtuy wall and will assure protection against water loss to**cent well:man wnea. The applicant has
provided a groundwater impact analysis which indicates a 1 foot rise,is:mot Sing effect,and a 1 foot
drop,ie:shadowing ante,in the'suaounding groundwater level following in nailed=of the dairy wall.
Based on this analysis,the regional groundwater table will not be elevated es sues to cause any hydrologic
aommaI..*uca and reeultla6 oonthm ton with any sound avant,pseticidh i,habioidaa,os catalog that
AUG-12-2003 TUE 05:03 PM WELD CO GOVT FAX NO. 9703520242 P. 06
AUG-12-09 18:22 FROM-Colorado Division of Minerals i Geology +13038883881 T-378 P.008/008 F-174
•
may be in the upper portion of the soil profile. Also,the regional groundwater'able will not be elevated
enough to cause any adverse impacts to basements or septic tot leach fields in the surrounding area.
Further,the applicant has committed to a gramdwater monitoring program than will mane collecdron of
groundwater levels prior to shiny wall completion,following shiny wall install scion,and throughout the
reining phase of the operation to detect any significant change in groundwater 1 weir due to the applicant's
misting activities.
4.Has the applicant provided an adequate description of the general effect dial is and after the proposed
mining operation on the existing wildlife oft a area,including temporary loss if habitat and the general
effect on the wildlife tom increased ham=activity?(Rule 6.4.8)
DMO Response— Hall-Irwin lira provided a wildlife assessment for the site w doh verifies the absence of
any candidate or listed threatened and endangered species,sod the absence of;ny significant natural
vegetative communities. The adjacent*Man condor between the project all a and the South Plane Rives
will remain undisturbed and will continue to be used by existing wildlife aped is. The mining plea has
been devised to minimize impacts to wildlife as mining will occur in phases as d reclamation will be done
concurrently to limit temporary disturbance to existing species. Mining and re:kmadon of the site,by
creating 83.6 saes of water surface and planting of additional woes and shrub:,will result to a mutt diverse
and favorable wildlife habitat than aurenly exists.
ISSUES THE DIVISION BELIEVES ARE NOT WiTJDr1 THE JUR1SD ICTION OF THE
DIVISION AND BOARD
1.Red needproperty values.
2.Air pollution—dust,dirt,odor,fumes.
3.Noise pollution.
4.Truck traffic.
5.Public safety—oa nearby roads.
6.Visual impacts.
7.Road damage.
8.Mental&physical health issues.
9.Loss of agricultural production from acted land.
10.Economic impacts.
Disci ono review of the neimmt oolicatlon and all suonortina documental
gonditioyal approval of the Reorder 112 Anvlicadon.with a finsmoial warraal yreomremeat of 5900.400.
Tlia:fdnditfnn cf anproval is al follows; . -
"A reportable spill is a sill of any toxic or hazardous suheance(inehedteo 81 filer of nehoiaen t
within the mined landnernt&area renortable to any Division ofthe Co]ondo Denman of Public Health
and y Phonies Commission.Inv
local Ememmov Planning Commission.local Fmersencv Plasminz Cessnn le.oxdas State Oil Inspector.
Mipaasitamr than notify the Division of Minerals and Geology(DMc i of a reportable moll within
be mined land permit area using the same timetame seganteabv the pa m&license.notice.seamtp,talc or
regulatiomgovemine the reportmx9f the mill to the other a» ate{pane Notice of a reoom68e spoil
-hall be FAYa m M la Finatam�a%•!�_•or.Divi=on efMinenls and linnlopv.FAX(3031 832-
8106. The FA_sbalLmolnde a catkin*number ofa responsible canny:reed for DMA staff to use a
aaaatact."
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