HomeMy WebLinkAbout20012871 Weld County PpingDept.
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. 6 MEMORANDUM
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TO: Kim Ogle, Planner II DATE: August 27, 2001
FROM: Donald Carroll, Engineering Administrator 1.0C
Willi SUBJECT: USR-1306, Rocky Hoffschneider(Platte Sand & Gravel, LLC)
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COLORADO
The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the purview of
the Use by Special Review Standards,Weld County Code, Chapter 23,Article II, Division 4, Section 23. Our comments
and requirements are as follows:
COMMENTS:
WCR 23 and WCR 36 are both identified on the Transportation Plan Map as local gravel roads. WCR 23 had an average
daily traffic count (ADT) of 145 vehicles, and WCR 36 had and ADT of 173 vehicles. Both traffic counts were taken in
November, 1999. WCR 32.5 is the nearest paved road south of the facility, and it had an ADT of 982 vehicles, taken in
May, 1999.
REQUIREMENTS:
Access: The intersection of WCR 23 and WCR 36 is a "T" intersection. The applicant should match the WCR 23
alignment and grade at the intersection. A stop sign will be required.
An additional 300 feet of the access haul road shall be surfaced with asphalt and graded to provide drainage.
Traffic Impact Study: A traffic study has been submitted and reviewed by the Weld County traffic engineer. See the
memo by Drew Scheltinga, Engineering Manager, dated July 6, 2001.
CDOT: The designated haul route will impact both U.S. Highway 85 and State Highway (SH) 66; therefore, the
Colorado Department of Transportation (CDOT) should review the traffic impact study to determine any additional
needs that may be required. The traffic study identifies the need for a left turn bay on SH 66 for WCR 21 based on the
existing traffic level.
The port of entry weigh station is within the five-mile radius of the proposed facility. CDOT may require additional
permits as the main designated haul route bypasses the port of entry.
Improvements Agreement : The Weld County Public Works Department will require a Long Term Road
Maintenance and Improvements Agreement for the designated haul routes.
WCR 23, the chemically stabilized road, will be paved from the main entrance south to WCR 32.5. Weld County
Engineering will perform a structural evaluation to determine the depth of paving necessary. The applicant should
participate in the cost of paving based on their proportionate share of truck traffic(18 kip axles).
WCR 32.5 and WCR 21 will require a structural evaluation that will be performed by Weld County Engineering to
determine the adequacy of the existing asphalt road. If an overlay is required, the applicant should participate in the
cost as described in the previous paragraph.
Intersection improvements to accommodate truck turning movements will be required at WCR 23 and 32.5 as well as
WCR 32.5 and 21. Additional right-of-way may be required. A detailed drawing of all intersection improvements will
be required.
The applicant should be required to participate in the cost of constructing a left turn bay on SH 66 at such time as
CDOT schedules the improvements in their program. The cost participation should be based on the applicant's
proportionate share of left turn warrants as calculated by CDOT's Access Code.
EXHIBIT
IX I
pc: USR-1306 2001-2871 M1wpfll I to
Kim Ogle - usr-1306.wpd Page 1
MEMORANDUM
TO: Robert Anderson,Planner I DATE: July 6,2001
FROM: Drew Scheltinga,Engineering Supervisor
SUBJECT: USR-1306,Platte Sand&Gravel
The Weld County Public Works Department has reviewed the Traffic Study for this Special Use Permit.
Comments made during this phase of the USR process may not be all-inclusive, as other concerns or issues
may arise during the remaining application processes.
COMMENTS:
The Trip Generation Manual, published by the Institute of Transportation Engineers does not estimate trips for
gravel mining operations. In the past,the Weld County Public Works Department has allowed the operators to
estimate the daily trips. These trips have been distributed throughout the day, using the Light Industrial Land
Use. It has come to our attention that this distribution does not accurately reflect the true distribution. In fact,
it has over-estimated the impact of gravel trucks on the existing street system. In recent studies, the Public
Works Department has requested daily distribution to be estimated from existing mines using exiting weigh
tickets. This distribution has shown that over 10% of the trucks leave within the first hour of operations.
These trucks are frequently(but not always)parked on site. If the trucks are located on site,the entering trucks
in the first hour is minimal. The ticket study has also shown that very few(less than 3%)leave the site during
the evening peak hour, although it can be assumed that trucks return during this time. Employee trips appear
to enter the site before 7:00 a.m. and leave during the evening peak hour. In future studies, please make this
change.
In the recent Road Classification Study Manual,growth in the area of Mead and Platteville was estimated with
a 10-year factor of 1.5. This rate is an annual growth of approximately 4.25%. Based on this, the 2007
background traffic numbers more closely reflect the 2020 numbers in this report.
The Highway Capacity Manual, published by the Transportation Research Board, uses a default number for
Percent Heavy Vehicles(PHV)of 2. This is fairly accurate in urban areas. In rural areas near gravel mining,
this number is much higher. It is very important for the capacity calculation to use the true PHV, percent
grades,and peak hour factors on rural intersections.
WCR 23 is presently at 200 vehicle trips per day(vpd). Heavy vehicles stir up more dust than cars or trucks.
WCR 23 should be paved at this time. In addition, a maintenance agreement will be required for entire length
of the haul route.
It is agreed that the intersection of SH 66 and WCR 21 requires a left turn bay for background traffic,however,
the additional truck traffic will make this situation worse. The developer should consider paying a share of the
improvements required at this intersection as a safety issue. This development will also be in existence when a
signal is warranted at this intersection. The developer will be required to pay the proportional share of this
signal.
The intersection of WCR 32.5 and WCR 23 has a steep vertical curve and a bridge. Please show that you can
still install the turning radii with these existing features.
Please amend the traffic study to address the above concerns.
P.C. USR-1306, Donald Carroll
Gene Coppola
Pickett Engineering
jtte ‘"N),
Weld County Referral
WIlD
August 29, 2001 D
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Platte Sand & Gravel, LLC Case Number USR-1306
c/o Tom Haren of AgPro,
LLC
Please Reply By September 19, 2001 Planner Kim Ogle
Project Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including a Concrete, Asphalt, Pre-cast Batch
Plant and Gravel Mining in the A(Agricultural)Zone District.
Legal Parts of the SE4SE4 of Section 23; Parts of the SE4NE4, SW4NE4, SE4SW4,
and SE4NW4 of Section 26; Pads of the NE4NE4 and SE4NE4 of Section 34 and
parts of the NE4NW4 and SE4SW4 of Section 35, T4N, R67W and parts of the
E2 and E2W2 of Section 2, T3N, R67W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to WCR 36; approximately 2640 feet south of WCR 44 and
west of and adjacent to WCR 23.
Parcel Number Various t
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.
Weld County Planning Commission Hearing (if applicable) October 2, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
{b( We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
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Signature 1 t n1+y t rr` Date i3Oti�1
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Agency Zt N CC'ittlt AM P.
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6 EXHIBIT
STATE OF COLORADO OtOR4D
Bill Owens,Governor
DEPARTMENT OF NATURAL RESOURCES I.
DIVISION OF WILDLIFE , a
AN EQUAL OPPORTUNITY EMPLOYER ^r ,
Russell George,Director We/Q.
CCci� • OF
6 .
6060 Broadway Forldlife-
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Denver,Colorado 80216 )' 1417nj For People
Telephone:(303)297-1192 ng dGpt
August 30,2001 .P
Department of Planning Services u
Attn:Kim Ogle
Weld County
1555 N. 17th Ave.
Greeley,CO 80631
Re:Mining Application for Platte Sand&Gravel
Dear Mr.Ogle:
Yesterday I spoke with Fred Ginsberg(attorney for Tom Sharkey)and he requested that I write you a letter
confirming that the Colorado Division of Wildlife is content with dropping one of our initial recommendations for
post-mining reclamation for this mining proposal. In a letter to Mr.Steve O'Brian
(dated August 18,2000)we recommended that post-mining ponds be constructed to have irregular shorelines,and
also contain one or two islands of at least 15' x 25' in size per 2 surface acres. The primary reason for the
construction of post-mining islands in the ponds is to provide for waterfowl nesting habitat,however,we now believe
that adequate nesting habitat will be created without the presence of such islands. Note that most comment letters on
all mining applications in the future will reflect this change in the Division's recommendations.
Additionally,the Colorado Division of Wildlife and Platte Sand&Gravel had previously agreed(via lettera dated
April 26,2001 to"To Whom It May Concern")to place approximately 20-25 acres on their property
into conservation easement as mitigation for acreage to be impacted to existing,active prairie dog colonies. Since this
agreement time,the Division has determined that this acreage amount is too small to provide much benefit on site
ecologically and also too small to be worth the administrative effort needed for pursuit. Yesterday I asked Mr.
Ginsberg if we might revisit the idea of pursuing a conservation easement of larger acreage and he said he would
discuss this possibility with Mr. Sharkey.
Sincerely,
Mike Sherman
Field Habitat Biologist,Colorado Division of Wildlife
cc: Rick Moss,NE Senior Habitat Biologist,CDOW
Dave Clarkson,Area Wildlife Manager,CDOW
Courtney Crawford,District Wildlife Manager,CDOW
DEPARTMENT OF NATURAL RESOURCES,Greg E.Walther,Executive Director EXHIBIT
WILDLIFE COMMembers.Bernard Black•Tom Burke•Phl'om James•Brad Phebs A•Okve Valdezoubs, ria
"t
SEP-26 01 12: 12 FR0M:CD0W 303-498-9742 TO:970 304 6498 PAGE:02
STATE OF COLORADO K:91:4.-4444, O
5p1 Owens,Governor
JEPARTMENT OF NATURAL
ION OF RESOURCES
I3, .el
DIVISION Nov
AN EQUAL OPPORTUNnr EMPI.OYRR
For Wildlife-
Denver,George, Director For ild l i e
6060 Broadway
Denver.Colorado 80216
Telephone: (303)297-1182
Weld County
Dept. of Planning Services
Attn: Kim Ogle
1555 N_ 17h Ave.
Greeley, CO 80631
September 27, 2001
Dear Mr. Ogle:
Atter numerous conversations this week with Fred Ginsberg (attorney representing Platte Sand & Gravel
LLC, S &H Mine)I am confident we will resolve the issue of placing a conservation easement at a
location yet to be determined. Such an easement is for mitigation for the negative impact the proposed
in the upcoming weeks to further pinpoint the
mining operations will have to black-tailed prairie dogs and their associated habitat. The Colorado
location of the ee will lfurthe with Mr. Ginsberg o
location of the easement and further discuss its conditions. The Colorado Division of Wildlife appreciates
efforts taken by Platte Sand& Gravel LLC towards the creation of this conservation easement.
Sincerely,
0/1/1A44,4,0k0/
Mike Sherman
Field Habitat Biologist, Colorado Division of Wildlife
DEPARTMENT OF NATURAL RESOURCES,Greg E.Washer,Executive Dkector
WILDLIFE COMMISSION,Rick Enskom,Chair•Robert Shoemaker,Vice-Chak•Marianna Raftopo - -Mamba's_Bernard Black•Tom Burke•Phan James•Mark LeValk!v•Olive Valdez 14 *
�HIBR
,
£ T OF
.. t: DEPARTMENT OF THE ARMY
� CORPS OF ENGINEERS, OMAHA DISTRICT
4e E,_ DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD
QI 'i I, 1, LITTLETON, COLORADO 80128-6901
Lt./
W&ci Ccunty Planning Dept24n,ut
September 5, 2001
Mr. Kim Ogle
Weld County Planning Department
1555 N. 17th Ave.
Greeley, CO 80631
RE: Platte Sand & Gravel,LLC, c/o Tom Haren of AgPro,LLC, Case Number USR-1306
Corps File No. 200180011
Dear Mr. Ogle:
Reference is made to the above-mentioned activity located in the NW 1<of Section 23,NW '/ of
Section 26,NE '/ of Section 34 and SW '/ of Section 35,Township 4 North, Range 67 West, and the W
%2 of Section 2, Township 3 North,Range 67 West, Weld County, Colorado.
Our office is aware of activities at this site and this project. Mr. Tom Haren,Mr. Rocky
Hoffschneider and Mr. Steve O'Brian with Environmental Inc. on behalf of Platte Sand&Gravel, LLC
has been informed of the need for Department of the Army permits at this project site and has acted
accordingly.
If there are any questions concerning this matter,please contact Mr.Terry McKee at(303) 979-
4120 and reference Corps File No. 200180011.
Sincerely,
Ti ,othy T. arey
Chie , tory Office
tm
EXHIBIT
Weld County School District RE- 1
Gilcrest• LaSalle • Platteville P.O. Box 157
14827 W.C.R.42
Gilcrest,CO 80623
Jo Barbie-Redmond, Superintendent Phone 970-737-2403
Bj Stone, Director of Curriculum and Staff Development Fax 970-737-2516
Ed Smith,Director of Auxiliary Services and Personnel Metro 303-629-9337
Jeff Cogburn,Director of Student Achievement
t.
September 7, 2001 ��d2yC� Gott TtY
i'laftniT7geP
Weld County Planning Dept.
1555 North 171h Avenue
Greeley,Colorado 80631 n Er 7. 01CD
Attn: Kim Ogle
RE: Case Number USR-1306
Dear Mr. Ogle:
We have reviewed the request and we are opposed to the development plan. We have the following concerns:
The school district's primary concern is in regard to the health and safety of the students of our school district. One of our
school bus routes runs along the proposed ingress and egress. We believe the increase in traffic from this proposal will increase
traffic on this bus route. School buses make several stops to pick-up and drop-off children. We already experience a high
incidence of broken windshields on our school buses due to the loose gravel on the county roads. Fortunately, as of today, no
one has been seriously injured. We are concerned that the gravel pit and the projected increase in truck traffic will increase the
number of broken windshields and possible injuries to staff and students.
In addition, Highway 66 borders Platteville Elementary on the south side of the school's property in Platteville. Highway 66 is
already very busy throughout the day without the increase of traffic from the proposed gravel pit. We are concerned about the
high volume of traffic on this highway as it relates to our elementary school.
Other concerns are in regard to hazards to the environment such as a possible increase in noise levels, dust levels,exhaust
pollution and a possible negative impact on the water table. In addition,this proposal is inconsistent with the Town of
Platteville's Comprehensive Plan.
Thank you for considering our concerns as you review this proposal from Platte Sand& Gravel, L.L.C. Please feel free to call
me if you have any questions, 737-2403.
Sincerely,
Jo Barbie-Redmond
Superintendent of Schools
Enclosures
BOARD OF EDUCATION
Jack Baier Cynthia Hochmiller Larry A.Ewing Karl S.Yamaguchi Grant Ritchey Audrey Gabel
President Vice President Secretary
Treasurer Director Director
Our Total Commitment is to Provide an Exemplary Education for all Students EXHIBIT
STATE OF COLORADO
BM Owens,Governor oiPtit O
DEPARTMENT OF NATURAL RESOURCESver_
DIVISION OF WILDLIFE •
3 j
AN EQUAL OPPORTUNITY EMPLOYER 'A
s
-4t OF
Russell George,Director
6060 Broadway For Wildlife-
Denver,Colorado 80216 For People
Telephone:(303)297-1192
Courtney Crawford, District Wild. Mgr. September 10, 2001
Dept. of Planning Services
Kim Ogle
Weld County
1555 N. 17t Ave.
Greeley, CO 80631
Dear Kim,
The Division of Wildlife received the request from your agency for comments concerning
the revision of Platte Sand and Gravel mining proposal, case number USR-1306.
Division of Wildlife comments were submitted on the original proposal on February 7,
2001 and are attached to this letter. I have also included your letter enumerating issues
that Platte Sand and Gravel were to resolve prior to meeting with Weld County
Commissioners. I have reviewed the most recent proposal and submit the following
comments.
The location of this proposed gravel mining operation has not changed and it remains
along the South Platte River Corridor. The revised proposal shows that the buffer
between the riparian-river bottom habitat along the river and the mining operation has
increased in size to 400 feet. This change is encouraging,but we continue to highly
recommend that the river bottom corridor remain undeveloped, retaining the concept of
open space,with limited grazing by domestic livestock.
The revised plan maps also indicate an increase in the distance between the area to be
mined and the active Bald Eagle winter roost. We are encouraged by this change,but as
you can see on the attached map, a portion of the mined area continues to fall within the
1%mile buffer around the periphery of this roost. The Division continues to recommend
that all mining activity be prohibited within this buffer zone during the period of
November 15 through March 15 of each year that mining is permitted.
DEPARTMENT OF NATURAL RESOURCES,Greg E.Welcher,Executive Director
EXHIBIT
WILDLIFE COMMISSION,Rick Enstrom.Chair•Robert Shoemaker,Uice-Chair•Marianna RaftopoU•
Prairie dog colonies exist within the proposed, revised gravel mining development.
These colonies provide important prey species for raptors and ground predators and
provide habitat for a variety of wildlife including Burrowing Owls. Legal options for
Prairie Dog removal include humane euthanasia or trapping and transplanting. Prairie
Dog trapping and transplanting efforts must be approved by the Colorado Division of
Wildlife and Weld County. Bulldozing active Prairie Dog colonies is not an acceptable
method of removal.
Prairie Dog colonies provide habitat for Burrowing Owls. These birds are protected in
Colorado and are listed as a threatened species. Burrowing Owls migrate south during
winter months,but they rely heavily on Prairie Dog burrows for nesting habitat from
April 1 —August 31. A biological survey for the presence of Burrowing Owls should be
conducted prior to construction work during this time period.
The revised proposal does not indicate that Platte Sand and Gravel has considered the
wildlife issues that you stipulated in your letter to Mike Sherman on March 6, 2001. It
should be noted that a recent survey(USR-1354)along the South Platte river near
Colorado Highway#60 revealed the presence of Preble's Meadow Jumping mouse. We
feel that Platte Sand and Gravel should also address the wildlife issues included in your
stipulations and include them as a part of this proposal.
The Division of Wildlife appreciates the opportunity to review and comment on this
project proposal. Consideration for wildlife and critical wildlife habitat are essential in
minimizing negative impacts on the resource.
Sincer ly,
Co y Cra rd
District Wil ' e Manager
CC Dave Clarkson, Area Wildlife Manager
Mike Sherman, Field Habitat Biologist
1 )1/9 \
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AFFECTED LANDS / PERMIT AREA
— 200 FOOT LINE
— AREA BOUNDARY I,II
=-- ROADS
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POWER / COMMUNICATIONS LINE I ��
— FENCE 1
— RAIL ROAD TRACKS
- BURRIED GASLINE
- DITCH 1I, \
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OIL FIELD TANKS & FACILITIES
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STATE OF COLORADO
em Owmnm,Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFEAve
'CPI or
Russel Germ Moder
80216 t‘tr,
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8093 Wroaday
ForWi/dli
Dever.
eople
Telephone:( a -1192 Fore
Courtney Crawford, District Widl. Mgr. February 7 2001
.
Dept. of Planning Services
Kim Ogle
Weld County
1555 N. 17 Ave.
Greeley, CO 80631
Dear Kim,
The Division
iv sioncof Wildlife received the request from your agency for
compermit
and
Ong case USR-1306, Rocky Hoffschneider development
permitpand special
and r el permit for a concrete, asphalt and pre-cast
district. g mining operation in the agricultural zone
On August 18, 2000 the Colorado Division of Wildlife provided
comments to Environment Inc. (Steve O'brian)after a visit to the
site and verbal explanation by Mr. O'brian of the proposed mining
operation. Those comments are attached and we have included
additional wildlife impact comments after having obtained the
written proposal from your office.
This project proposal lies adjacent to approximately 3 miles of the
South Platte River corridor. The river bottom consists of
cottonwood-willow, lowland riparian habitat, providing an abundant
and diverse wildlife resource. Some of these include Morning Dove,
Ducks, Canada Geese, Herons, Songbirds, Raptors (including Bald
Eagle and Great Horned Owl) , Rio Grande Turkey, Fish, Reptiles,
Amphibians, White-tail deer, N+,ie deer, Coyote, Muskrat, Beaver,
Striped Skunk and raccoon. The proposal states that the final use
DERVU1ENTcFNAnswitisomoss,GrosEimkiwceemasomew
matuFE COMMIS ON.Dsrwa L ENWU ChMmmm . t essimt meigI immn . PI* .rte... n.e..,.
of this property will be for a wildlife habitat reserve and
recreation area. We highly recommend that the river bottom corridor
remain undeveloped, retaining the concept of open space, with
limited grazing by domestic livestock.
Development of the lakes proposed for this property will provide
additional aquatic habitat for fish, amphibians, shorebirds,
waterfowl, etc., along with the potential for recreation. Some
conflicts with wildlife may occur and it is the responsibility of
the developer to plan for and minimize human/wildlife conflicts.
An active Bald Eagle roost exists about % mile below the confluence
of the South. Platte and the St.Vrain rivers. The eagle roost is
located just north of proposed Confluence Lake, on Public Service
property. As many as 15-20 Bald Eagles have been observed at this
roost as recently as January 31, 2001. I have included data from
previous observations to confirm the historical status of this
roost.
Dense stands of cottonwood trees along with open water provide
important habitat for roosting Bald Eagles. It is encouraging to
note that Environment Inc. has expressed a desire to leave the
river bottom, riparian habitat in its natural state. This is a
good start, but we recommend Additional protection of the eagle
roost site. We recommend that a minimum of g mile buffer around
the periphery of this roost be provided during the months of
November through March. Heavy vehicle traffic due to gravel mining
operations or plant site activity in close proximity to the eagle
roost during this time period would likely result in discontinued
use of this historical roost. This buffer must be enforced to
prohibit disturbance over and above normal traffic required to
maintain existing ranch and oil well facilities. I have included
proposal map #4, indicating the location of the roost and
recommended buffer zone.
The plant site proposal appears to be in a satisfactory location.
However, it is recommended that the Plant site not be allowed any
closer to the river bottom in order to minimi?e disturbance to the
abundant and diverse wildlife species that depend on lowland
riparian habitat for survival.
In addition to the cottonwood forest along the river bottom,
several, single or pairs of large cottonwood trees exist within the
proposed lake development boundaries as shown on maps presented
with this proposal. The Meadow Lake proposal contains several of
these trees and it appears they will be removed during mining
operations. A cluster of three cottonwoods exists, midway, along
the east boundary of Meadow Lake. Approximately ;s mile west of
these trees are 4-5 additional large cottonwoods. All provide
daily hunting perches for Bald eagles and other raptors in
conjunction with the surrounding prairie dog colony. In addition,
raptor nesting is evident in several of these large solitary
cottonwoods. With slight variation in shoreline configuration of
the proposed lakes development, some of these cottonwoods could be
maintained in their natural state and continue to provide roosting,
perching and nesting habitat along with associated prey species for
eagles and other birds of prey.
Prairie dog colonies exist within the proposed gravel mining
development. These colonies are important prey species for raptors
and ground predators and provide habitat for a variety of wildlife
including Burrowing Owls. Legal options for Prairie Dog removal
include humane euthanasia or trapping and transplanting. Prairie
Dog trapping and transplanting efforts must be approved by the
Colorado Division of Wildlife. Bulldozing active Prairie Dog
colonies is not an acceptable method of removal.
Prairie dog colonies also provide habitat for Burrowing Owls.
Burrowing Owls are protected in Colorado and are listed as a
threatened species. Burrowing Owls migrate south during winter
months but they rely heavily on Prairie Dog burrows for nesting
habitat from April 1 - August 31. Construction work during this
time period would require a biological survey for the presence of
Burrowing Owls.
The Division of Wildlife appreciates the opportunity to review and
comment on this project proposal. If you or the developer have any
questions concerning these contents, please contact me at 970-339-
5208.
Sincerel
Ckn y C ord
District Wildlife Manager
CC Dave Clarkson, Area Wildlife Manager,/
Mike Sherman, Field Habitat Biologist
STATE OF COLORADO
Sid Owens,Governor Olnititbp
DEPARTMENT OF NATURAL RESOURCES - �,
DIVISION OF WILDLIFE `, •U
AN EQUAL OPPOR1UNTTY EMPLOYER eye
OF sar
Russell George,Directorp
6060 Broadway For Wildlife-
16
Denver,Colorado
1192 1%or People
April 26, 2001
To Whom It May Concern:
After numerous conversations and site visitations, Mike Sherman (Habitat Biologist, Colorado Division
of Wildlife), Courtney Crawford(District Wildlife Manager, Colorado Division of Wildlife)and Fred
Ginsberg(attorney representing Platte Sand & Gravel LLC, S&H Mine)have come to the following
agreements and Lee Carlson(U.S. Fish and Wildlife Service)is concurrent with these agreements.
1. The S&H Mine by Platte Sand& Gravel I IC(Division of Minerals and-Geology Permit Application
Consideration M-200-158) shall maintain a one-quarter mile(0.25)buffer from mining activities from
all Bald Eagle winter roost boundaries annually from November 15 through March 15 for the
duration of this mine. The Bald Eagle winter roost boundaries are designated on the Vicinity Map
attached to a letter sent by the Colorado Division of Wildlife to the Division of Minerals and Geology
(dated March 5, 2001) and are included within Sections 34 and 35, Township 4N, Range 67W.
Mining activities will be allowed to within a one-eighth mile(0.125)buffer from all Bald Eagle winter
roost boundaries annually from March 16 through November 14.
2. Platte Sand& Gravel-agrees to place approximately 20-25 acres-on-their property into a conservation
easement as mitigation for acreage impacted by the construction of a future road in the southern
portion of the mine site. The impacted acreage is-utilized,by black-tailed prairie dogs and burrowing
owls and the Colorado Division of Wildlife will be contacted at the time when the road construction
will commence. The exact location of the conservation easement has yet to be determined but may
include a combination of uplands, agricultural lands, and riparian areas. The exact entity that will
hold the conservation easement has yet to-be determined and may include the Colorado Division of
Wildlife. The Colorado Division of Wildlife is currently working to assess the conservation easement.
The exact terms-of the conservation easement have yet to-be determined but will not include any
limitations of future private hunting rights on the easement.
Note: the Colorado Division of Wildlife applauds-these efforts taken-by Platte Sand&Gravel LLC.
Mike Sherman
Field Habitat Biologist, Colorado Division of Wildlife
DEPARTMENT OF NATURAL RESOURCES,Greg E.Welcher,Executive Director
WILDLIFE COMMISSION,Rick Enatrom.Choir•Robe*Sheemaker,Wce-Chair►Matianna RafteacSea Secretary
STATE OF COLORADO L���O
Bill Owens,Governor DEPARTMENT OF NATURAL DIVISION OF RESOURCES
3 '
Q ,
AN EQUAL OPPORTUNITY EMPLOYER %' 4
Bruce L.McCloskey,Acting Director O• OF
8360 Broadway For Wildlife-
Denver,Colorado 80216 For PeopleTelephone:(303)297-119¢
August 18, 2000
Mr. Steve O'Brian
Environment, Inc.
7985 Vance Drive, Suite 205A
Arvada, CO 80003
Re: Concrete Management Corp. sand and gravel mine.
Dear Mr. O'Brian:
The following constitute the comments of the Colorado Division of Wildlife. Courtney Crawford(District
Wildlife Manager)and Mike Sherman(Field Habitat Biologist)have reviewed your letter sent to us and
accompanied you on a field visit to the project site on June 5,2000.
We highly recommend that special attention be given to minimize the impact to all riparian vegetation and trees
along the river that may be potentially by impacted by the proposed mining operation. Bald eagles use this
stretch of the South Platte River and adjacent riparian areas during winter and migration seasons for hunting
and roosting. VERY IMPORTANT:there is a known active bald eagle nest site adjacent to the confluence of
the St. Vrain Creek and South Platte River. We wish to bring to your attention that we observed an immature
Bald Eagle which was flushed from a mature cottonwood tree while we drove on the dirt road along the river
in the southwestern portion of Section 35. h is very possible that this bird came from the active nest located
less than one mile upstream. We cannot stress the importance of leaving fully intact the existing riparian
vegetation and trees along the South Platte River.
Preble's meadow jumping mouse(Zapus husonius preblei)and the Ute Ladies'-tresses orchid
(Spiranthes deluvialis),both federally listed as threatened, are found in riparian habitats, including those
tributary of the South Platte River. Consequently,both have the potential to occur at the proposed
project site. The U.S. Fish and Wildlife Service has established standard survey protocols for determining
presence or absence of these species. Evaluations should be performed at and adjacent to the project site
to ascertain the potential occurrence of these species. If suitable habitat is present, surveys conducted
according to the protocols should be undertaken. Coordination for Preble's should be through Pete Plage
and for the orchid through Jan McKee,both in the Lakewood office(303-275-2370). The Colorado
butterfly plant is also found in moist floodplain environments along the Front Range and so could occur
in the project vicinity. Although no protocols have been established for this species, surveys to ensure it
will not be adversely impacted should be undertaken. Questions should be directed to Ms. McKee.
Trees and shrubs removed as a result of mining or construction should be replaced on a one-for-one basis.
Recommended native tree and shrub species for reclamation planting include plains cottonwood,native plum,
chokecherry, snowbeny,buffaloberry, and willow. Conifers include eastern red cedar or Rocky Mountain
DEPARTMENT OF NATURAL RESOURCES,Greg Watcher,Executive Director
WILDLIFE COMMISSION,Bernard L.Black,Jr.,Chairman • Rick Er>sirom,Vice-Chairman • Phip James.Seaetary
juniper. We recommend that all tree and shrub planting be done using weed barrier material to help control
competition from weeds and help plantings to sucxnsfiilly establish.
Recommended reclamation grass and legume species for wildlife include tall wheatgrass,intermediate
wheatgrass,reed canary grass,indian rice grass, Great Basin wild rye,switch grass,Ladak alfalfa and yellow
and white sweet clovers.
We highly recommend that the reclamation plan include specific wording to address the control of
noxious weeds which are rapidly becoming an increasing threat to wildlife and wildlife habitat across
Colorado and the United States. All restoration should be monitored for at least three years following initial
plantings and proper measures enforced during this time to control for establishment of noxious weed species.
Constructing ponds post-mining will provide new habitat for a variety of waterfowl, shorebirds,herons,
amphibians and fish species. We recommend that ponds be constructed to have irregular shorelines, and
also contain one or two islands of at least 15' x 25' in size per 2 surface acres. Larger islands are good if
possible. Shoreline and island slopes should be 41:1 V,with some areas of shoreline in each pond having
slopes no steeper than 8H:1 V or 10H:1 V. Such shallow areas will allow for establishment of a variety of
different types of aquatic vegetation and also invertebrate prey for waterfowl Such a shoreline coupled
with planting a variety of wetland plant species will allow for a variation in wetlands to be established
which will have long-term benefits to wildlife,public viewing of wildlife, and an overall increased
aesthetic value to this site. Permanent pond depths of 10 feet or more in various places will provide
secure year round habitat for a variety of warm water fish species.
Finally,the proposed fates may significantly impact a prairie dog town on the south side of the site. We
recommend that the prairie dogs be either moved alive to another location or humanely killed before any earth-
moving occurs. Since western burrowing owls use prairie dog towns and live in prairie dog holes,the
following should be observed:
-If construction is to occur between Mardi 1 and October 31,the area should be checked for the presence
of burrowing owls prior to any earth-moving taking place. The owls are susceptible to being buried and
killed in their holes by construction activity. Note that this species is protected by law and killing one is
- If construction is done between November 1 and February 28,it is very unlikely that owls would be
present since they migrate out of the state during the winter.
Note that we do not have information on threatened/endangered plants or invertebrates. For plant or
invertebrate information,you might wish to contact:
Colorado Natural Heritage Program
254 General Services Building
Colorado State University
Fort Coffins, CO 80523
PH: (970)491-1309 FAX: (970)491-0279
The Division of Wildlife appreciates this opportunity to visit and comment on this project. If you have
^ any questions,please contact me at(970)472-4435. Thank you.
Sincerely,
Scott Hoover
NE Regional Manager
by Mice Sherman,Field Habitat Biologist
Cc: Rick Moss,NE Senior Habitat Biologist, CDOW
Dave Clarkson,Area Wildlife Manager, CDOW
Courtney Crawford,District Wildlife Manager,CDOW
STATE OF COLORADO
Big Owens,Governor • O R4a
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFAN EQUAL OPPORTUNITY EMPLOYERE
*OF'
Russel George,Director
solo Broadway For llrldlife-
Denver,Colorado 80216 For People
Telephone:(303)297-7792
March 5,2001
Carl Mount
Division of Minerals&Geology
1313 Sherman Street Room 215
Denver,CO 80203
Re: Platte Sand&Gravel LLC, S&H Mine,File No. M-2000-158
Dear Mr. Mount:
The following constitute the comments of the Colorado Division of Wildlife. Mike Sherman(Field
Habitat Biologist)and Courtney Crawford(District Wildlife Manager)have reviewed this Reclamation
Permit Application Consideration and made field visits to the proposed mine site on June 5, 2000,
January 31, 2001, and February 6, 2001. We were accompanied on the first visit by Steve O'Brian,
Environment , Inc., and on the second visit by Jerry Craig,research scientist and raptor specialist for the
Colorado Division of Wildlife.
The Division of Wildlife continues to maintain those concerns stated our letter to Steve O'Brian(August
18, 2000) and included in the Reclaimation Permit Application Consideration. I have attached to this
letter another letter written by Courtney Crawford to Weld County Dept. of Planning Services(February
7, 2001)regarding this project and wish you to also consider these comments and recommendations. In
addition,we have further concerns and recommendations as follows.
It is our understanding that a dredge and fill permit(404)is not required at this time because no
jurisdictional wetlands will be impacted. However,the proposed mining activity will take place adjacent
to existing wetlands,high quality riparian habitat, and mature cottonwood groves. We are concerned
about the potential to negatively impact these surrounding habitat types from the drawdown of
groundwater levels in the vicinity. We are particularly concerned about the possible impact to mature
cottonwood trees growing along the length of the South Platte River because of their historical and
current use by the federally listed(threatened)Bald eagle. We are particularly concerned about the
possible impact to wetlands and riparian habitat because this is potential habitat for the federally listed
(threatened)Preble's meadow jumping mouse. Note there is a historical record for this species within
close proximity to the project area. We highly recommend that the applicant be required to establish a
detailed monitoring program for review by outside entities(e.g. Division of Wildlife, U.S. Environmental
Protection Agency, U.S. Army Corps of Engineers)to prevent drawdown of groundwater levels in all
wetlands, riparian habitat, and cottonwood groves adjacent to the proposed mining activity.
I have enclosed a map marking the location of the Bald eagle winter roost which stretches along the
DEPARTMENT OF NATURAL RESOURCES,Greg E.Welcher,Executive Director
WRDLIFE COMMISSION,Bernard L Black.k.,Chairman • Rick End rom.Vice-Chairman • Phip James,Secretary
South Platte River for about b.., miles upstream and about 0.5 miles downstream of the confluence with
the St. Vrain Creek. Bald eagles are primarily using mature cottonwood trees along the east banks of
the river as a roosting site. Winter roosts may change annually and all trees within a given roost may not
be used each year. The Division of Wildlife has annual observations of this roost since 1997 and
recorded up to 28 individual birds in the roost at one time occurring in mature cottonwood trees within
the marked roost. This is a significant roost considering its size and historical use and continues to be
very active in 2001.
We strongly recommend a buffer of no less than 0.25 miles around the entire roost site(x.25
miles from all roost boundaries)and would prefer a buffer of 0.50 miles if the integrity and long-
term maintenance of this roost is a priority. 0.50 miles will assure protection from disturbance of
this roost. We recommend contacting the U.S.Fish &Wildlife Service regarding the mitigation
aspects of disturbing this roost site.
It has come to our attention that Burrowing owls have been observed by surrounding landowners in past
years on a portion of the proposed mining site. This area has been marked on the enclosed map and we
recommend surveying for the presence of this species this spring and our previous recommendations
adhered to.
The Division of Wildlife appreciates this opportunity to comment on this mining project. If you have any
questions,please contact me at(970)472-4435. Thank you.
Sincerely,
Scott Hoover,Acting NE Regional Manager
by Mille Sherman, Field Habitat Biologist
Cc: Rick Moss,NE Senior Habitat Biologist, CDOW
Dave Clarkson,Area Wildlife Manager, CDOW
Courtney Crawford,District Wildlife Manager,CDOW
Jerry Craig, Senior Research Biologist, CROW
a
(it
4-..H%
' DEPARTMENT OF PLANNING SERVICES
1555 N.C. GREELEY, 1
7TH AVENUE
E-mail address:EBITE:WOeld COOS
COLORADO PHONE (970)353-6100, EXT.3540
FAX(970)304-6498
March 6, 2001
Mike Sherman
Wildlife Biologist
Colorado Division of Wildlife
317 West Prospect Road
Fort Collins, CO 80526
Subject: Indefinite Continuance
Platte Valley Sand and Gravel, LLC
Use by Special Review(USR 1306)
Dear Mr. Sherman:
Thank you for introducing yourself during the mid moming break at the CDOW meeting on March 2,
2001 and discussing the Platte Sand and Gravel application currently under review in the County. This
application is on an indefinite continuance as there are several issues that are to be addressed prior
to scheduling the Board of County Commissioners hearing. These issues are enumerated as:
1. The applicant shall provide evidence to the Department of Planning Services that the
ruins of historic Fort St. Vrain, specific to sites identified as 5WL870 and 5WL814 and
the surrounding lands associated with this site will not be impacted by any mining
activity. The two sites of record are noted in a referral dated January 5, 2001 from the
Colorado Historical Society. Evidence of approval from the Platteville Historical
Society, caretaker of this monument and surrounding lands, shall be submitted to the
Weld County Department of Planning Services. (Dept. of Planning Services) This
Condition has been met to the satisfaction of the Department of Planning Services.
2. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and
production should occur in a manner which minimizes the impact to agricultural uses
and the environment and reduces the conflicts between mineral development and
current and future surface uses? Section 22-5-100.B of the Weld County Code states
"...encourage cooperation, coordination and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral estate? Finally,
Section 22-5-100.B.1 of the Weld County Code states "new development should be
planned to take into account current and future oil and gas drilling activity to the extent
oil and gas development can reasonably be anticipated.' The applicant shall either
submit a copy of an agreement with the property's mineral owner/operators stipulating
that the oil and gas activities have been adequately incorporated into the design of the
site or show evidence that an adequate attempt has been made to mitigate the concerns
of the mineral owner/operators. The plat shall be amended to include any possible
future drilling sites. (Department of Planning Services)
3. The applicant shall submit a letter from the United States Department of Interior, Fish
and Wildlife Service indicating if surveys will be required for threatened or endangered
plants and animals as outlined in a letter from the Colorado Natural Heritage Program
dated December 22, 2000. If a survey is required, the survey will be conducted and
submitted to the Department of Planning Services. (Dept. of Planning Services)
4. The applicant shall submit a signed copy of an agreement with the Western Mutual Ditch
Company regarding the requirements and concerns as outlined in the letter from their
legal counsel dated January 26, 2001. Evidence shall be submitted to the Weld
County Department of Planning Services for review and approval. (Dept. of Planning
Services)
5. The applicant shall provide evidence that all issues involving water rights, including a
water court approved plan for augmentation or substitute water supply plan has been
approved by the State of Colorado, Division of Water Resources. Evidence shall be
submitted to the Weld County Department of Planning Services for review and approval.
(Dept. of Planning Services)
6. The applicant shall provide evidence that all issues involving "the placement of dredge
or fill material, and any excavation associated with a dredge or fill project, 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 as
stated in their referral dated January 2, 2001. Evidence shall be submitted to the
Weld County Department of Planning Services for review and approval. (Dept. of
Planning Services)
7. The applicant shall submit a letter from the Colorado Division of Wildlife indicating that
their concerns have been addressed as outlined in the letter dated August 18, 2000 and
February 7, 2001 specific to the riparian vegetation and trees along the river; the
threatened or endangered plants and animals, i.e., Preble's meadow jumping mouse, Lite
Ladies'-tresses orchid, the numerous prairie dog colony(s),the habitat for the western
burrowing owls; and the Colorado butterfly plant. If a survey or evaluation is required
and is performed, the survey will be conducted and submitted to the Department of
Planning Services. (Dept. of Planning Services)
8. The applicant shall submit a letter from the Platteville/Gilcrest Fire Protection District
indicating that their concerns have been addressed as outlined in the letter dated March
5, 2001 specific to fire suppression and public safety issues as they may pertain to this
proposal Evidence shall be submitted to the Weld County Department of Planning
Services for review and approval. (Dept. of Planning Services)
Of importance to this office, relative to the Division of Wildlife, are the requirements outlined in line
items number 2 and number 6 as referenced above. As of March 6, 2001,the Department of Planning
Services has not heard if a study will be required specific to the threatened and endangered species
identified in the letters from the Colorado Natural Heritage Program dated December 22, 2000 and the
Colorado Division of Wildlife dated August 18, 2000 and February 7, 2001.
Please advise this office of any requirements that have been or will be requested pertinent to these
referrals.
Should you have any questions, concerns or require additional information, please contact me at the
above referenced numbers or e-mail address.
Sincerely,
Kim Ogle
Planner II
enclosure
pc:Case File USR 1306
wrl...oyskc,nspaMscdw1308_5.wpd
Town of Platteville
400 Grand Avenue • Platteville, CO 80651
ADMINISTRATION • PUBLIC SAFETY • PUBLIC WORKS • RECREATION
September 5, 2001
Revised September 12, 2001
Attn: Kim Ogle
Weld County Planning Department
1555 N 17th Avenue
Greeley, Colorado 80631
RE: Weld County Referral Case Number USR-1306
Dear Kim:
On September 4, 2001,the Platteville Town Board voted against Referral Case Number USR-
1306. The Board of Trustees determined that this does not comply with our Comprehensive Plan.
The Comprehensive Plan designates land up to County Road 36 as Low Density, Low—Medium
Density,and High-Density residential area with an agricultural buffer around that area.
The Board perceives an excavation area as detrimental to the peace and tranquility of the existing
Platteville Community. The Board knows that traffic has increased tremendously over the years
on Highways 85 and Highway 66 which causes delays for our community when leaving and/or
returning home. The citizens have expressed their concern with the present truck traffic along
with the noise that trucks bring to the area. Increasing the number of trucks on Platteville area
roads would add to the heavy traffic already present and add to the concerns of the community.
With all the traffic and noise already present,the Town feels that the existing traffic is more than
enough to live with by the community.
Sincerely,
e4AQAA- kOra
Karen S Miller, CMC
Administrator
RK
CC: Town of Milliken
AgPro
C
Town Hall • Recreation • P.O. Box 70 • Fax: 970-785-2476 • 970-785-2245
Public Safety • P.O. Box 389 • Fax: 970-785-2476 • 970-785-2215
Public Works • P.O. Box 70 • Fax: 970-785-2476 • 970-785-6415
..noon
Town of Platteville
400 Grand Avenue • Platteville, CO 80651
ADMINISTRATION • PUBLIC SAFETY • PUBLIC WORKS • RECREATION
September 12,2001
•
Attn: Kim Ogle
Weld County Planning Department
1555 N 17th Avenue
Greeley, Colorado 80631
RE: Weld County Referral Case Number USR-1306
Dear Kim:
On September 4, 2001,the Platteville Town Board voted against Referral Case Number USR-
1306. The Board of Trustees determined that this does not comply with our Comprehensive Plan.
The Comprehensive Plan designates land up to County Road 36 as Low Density, Low—Medium
Density, and High-Density residential area with an agricultural buffer around that area.
The Board perceives an excavation area as detrimental to the peace and tranquility of the existing
Platteville Community. The Board knows that traffic has increased tremendously over the years
on Highways 85 and Highway 66 which causes delays for our community when leaving and/or
returning home. The citizens have expressed their concern with the present truck traffic along
with the noise that trucks bring to the area. Increasing the number of trucks on Platteville area
roads would add to the heavy traffic already present and add to the concerns of the community.
With all the traffic and noise already present,the Town feels that the existing traffic is more than
enough to live with by the community.
Sincerely, QQ)111 QQ t 4{alc_04i Karen S Miller, CMC
Administrator
RK
CC: Town of Milliken
AgPro
EXHIBIT
lit VI 11
Town Hall • Recreation • P.O. Box 70 • Fax: 970-785-2476 • 970-785-2245
Public Safety • P.O. Box 389 • Fax: 970-785-2476 • 970-785-2215
Public Works • P.O. Box 70 • Fax: 970-785-2476 • 970-785-6415
• \I t& C a 50 cfic°
I tot 'Cut _County Referral,
O.
w � August 29 2001 yp,el O�rn6'O
e
o p#
i�
7
O `i.
CpI'pR'AD ceshas received the following item for review:
ea
The Weld County Department of Planning Sery
Applicant Platte Sand &Gravel,LLC
Case Number USR-1306
do Tom Haren of AgPro,
LLC Kim Ogle
Planner
September 19, 2001
Plan and a Special Review Permit for Mineral
P rojee Reply BY a Special
Review
Concrete,Permit
, Pre-east Batch
Resource te Specific ific Development Zone te,Asphalt,
ment Facilities including
Project Develop in the A(Agricultural)
_ iris—__.:4;
Plant and Gravel Mining
and parts of the
. o . e
Parts of the NE4NE4 and SE4NE4 of Section 34 and
-- P e T4N,
� � and of the N of Section 26; Weld County, is of the
4 and SE4SW4 of Section 35,
parts and the 2 of Se T3N, R67W of the 6th P.M., 4a and
E2 E2W2 of Section 2, 36', app
roximately roximately 2640 feet south of W CR
North of and adjacent to CR 23.
Location west of and adjacent to W
Parcel Number Various
recommendation. Any comments or recommendation
you for review and recomm reply by e bovo listed so that
idere is submitted to reciate& Please not received t eived before or daten odate
The application
request wouldbeapp response Services. If you have any this f date
our recommendepartm nt of Planning request.
o
you consider fulleconsideration to your
to the Department we may give positive c response r
may be deemed to be he pplication, please call the Planner associated with the
questions regarding 2001
applicable) October 2,
Weld County
Planning Commission Hearing (if app
❑ We have reviewed the request t comply with our Comprehensive Plan does❑ We have reviewed the request and find hat it does/
no conflicts with our ointerests.
❑ See attached letter.Comments:
dL Y �' �1+,
UUU sire i $ ( 8
Date
Signature �� c • .,
Agency 80631 fi(970)353-6100 ext.3540 ( EXHIBIT
>Weld County Punning Dept. 41555 N. 17th Ave.Greeley,CO. RA
Kim Ogle - USR-1306 (revised) Platte Sand and Gravel.doe Page 1
(it_ 11
Villig
COLORADO MEMORANDUM
TO: Kim Ogle DATE: September 20, 2001, 2001
Department of Planning Services
FROM: Charlotte Davis, Weld County Health
CASE NO.: USR-1306 (revised)
NAME: Hoffschneider, Rocky (Platte Sand & Gravel, LLC)
Environmental Health Services has reviewed this proposal for a Gravel Mining Operation and Batch
Plant. Our Department recommends approval.
Prior to recording the plat:
1) Environmental Health Services Division was unable to locate septic permits for the septic systems
within this USR boundary. The systems will require a Statement of Existing and an I.S.D.S.
Evaluation prior to the issuance of the required septic permits(s). The review shall consist of
observation of the system and an evaluation of the systems ability to handle the proposed hydraulic
load. In the event the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current Individual Sewage Disposal System regulations.
2) The septic system that is proposed to be used at the office ranch complex 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.
4) An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained from the Air
Pollution Control Division, Colorado Department of Public Health and Environment for emissions
from the mining operations. The site shall operate in accordance with all applicable rules and
regulations of the Air Pollution Control Division.
5) A dust abatement plan shall be submitted to Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation. Evidence of Health
Department approval shall be submitted to the Department of Planning Services.
The facility shall submit a written plan and engineered design of a vehicle washing area to the
Weld County Department of Public Health and Environment for review and written approval.
The washing area shall be designed and constructed to capture all effluent from drum washing
EXHIBIT
Kim Ogle- USR-1306 (revised) Platte Sand and Gravel.doe Page 2
Hoffschneider, Rocky (Platte Sand & Gravel, LLC)
USR-1306
Page 2
and the washing of vehicle exteriors. The plan should address how water generated from the
drum washing and vehicle exteriors will be recycled and any other information necessary to
The following are the conditions that are recommended to be part of any approval:
1) All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash
away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a
health hazard. Following completion of mining, all temporary buildings shall be removed.
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.
4) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
5) The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as
measured according to 25-12-102, Colorado Revised Statutes.
6) Adequate toilet facilities shall be provided for the employees.
7) The applicant shall remove,handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions.
8) The facility shall utilize bottled drinking water for employees.
9) Fugitive dust shall be controlled on the site.
10) The operation shall comply with the Occupational Safety and Health Act (OSHA).
11) The operation shall comply with the Mine Safety and Health Act(MSHA).
12) The facility shall operate in accordance with the approved dust abatement plan at all times. The
facility shall have sufficient equipment available to implement the dust control as required by the
Weld County Health Dept.
13) The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals&Geology.
14) 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.
15) There shall be no discharge of waste water from the washing of vehicles on the facility. All
Kim Ogle- USR-1306 (revised) Platte Sandi and Gravel.doc Page 3
Hoffschneider, Rocky (Platte Sand & Gravel, LLC)
USR-1306
Page 2
vehicles shall be washed in the approved vehicle washing area. All water, concrete, and aggregate
generated from the washing of vehicles should be recycled in the concrete mixing process.
sm/usr1306
MEMORANDUM
TO: Kim Ogle DATE: September 20, 2001, 2001
Department of Planning Services
CFROM: Charlotte Davis, Weld County Health
COLORADO CASE NO.: USR-1306 (revised)
NAME: Hoffschneider, Rocky (Platte Sand & Gravel, LLC)
Environmental Health Services has reviewed this proposal for a Gravel Mining Operation and Batch Plant.
Our Department recommends approval.
Prior to recording the plat:
1) Environmental Health Services Division was unable to locate septic permits for the septic systems
within this USR boundary. The systems will require a Statement of Existing and an I.S.D.S.Evaluation
prior to the issuance of the required septic permits(s). The review shall consist of observation of the
system and an evaluation of the systems ability to handle the proposed hydraulic load.In the event the
system(s) is found to be inadequate, the system(s) must be brought into compliance with current
Individual Sewage Disposal System regulations.
2) The septic system that is proposed to be used at the office ranch complex 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.
4) An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained from the Air
Pollution Control Division, Colorado Department of Public Health and Environment for emissions
from the mining operations. The site shall operate in accordance with all applicable rules and
regulations of the Air Pollution Control Division.
5) A dust abatement plan shall be submitted to Environmental Health Services,Weld County Department
of Public Health & Environment, for approval prior to operation. Evidence of Health Department
approval shall be submitted to the Department of Planning Services.
6) The facility shall submit a written plan and engineered design of a vehicle washing area to the
Weld County Department of Public Health and Environment for review and written approval.
The washing area shall be designed and constructed to capture all effluent from drum washing and
the washing of vehicle exteriors. The plan should address how water generated from the drum
washing and vehicle exteriors will be recycled and any other information necessary to
demonstrate that the facility will be adequately constructed and operated to prevent discharges of
waste water.
EXHIBIT
ton i
Hoffschneider, Rocky (Platte Sand & Gravel, LLC)
USR-1306
Page 2
The following are the conditions that are recommended to be part of any approval:
1) All fuel tanks, septic tanks,temporary buildings, and any other hazardous items that might wash away
during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health
hazard. Following completion of mining, all temporary buildings shall be removed.
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.
4) Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,blowing
debris, and other potential nuisance conditions.
5) The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured
according to 25-12-102, Colorado Revised Statutes.
6) Adequate toilet facilities shall be provided for the employees.
7) The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions.
8) The facility shall utilize bottled drinking water for employees.
9) Fugitive dust shall be controlled on the site.
10) The operation shall comply with the Occupational Safety and Health Act (OSHA).
11) The operation shall comply with the Mine Safety and Health Act (MSHA).
12) The facility shall operate in accordance with the approved dust abatement plan at all times.The facility
shall have sufficient equipment available to implement the dust control as required by the Weld County
Health Dept.
13) The site shall maintain compliance with all applicable rules and regulations of the Colorado Division
of Minerals & Geology.
14) 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.
15) There shall be no discharge of waste water from the washing of vehicles on the facility. All
vehicles shall be washed in the approved vehicle washing area. All water, concrete, and aggregate
generated from the washing of vehicles should be recycled in the concrete mixing process.
MEMORi .NDUM
TO: Kim Ogle DATE: September 20, 2001
WAcit"Irtill:16IWDC
Department of Planning Services rs c ci Co County Ham" i,I 1: :,
FROM: Charlotte DavWWeld County Health SEp 2 9 CASE NO.: USR-1306 (2n° revision) ,
COLORADO r-, i.,
NAME: Hoffschneider, Rocky (Platte Sand & Gravel, LLC)
Environmental Health Services has reviewed this proposal for a Gravel Mining Operation and Batch Plant.
Our Department recommends approval.
Prior to recording the plat:
1. The Environmental Health Division of the Weld County Department of Public Health and
Environment was unable to locate a septic permit for the existing buildings represented on the
submitted plan. Any existing septic system(s) located within the USR boundary that is not currently
permitted through the Weld County Department of Public Health and Environment will require and
I.S.D.S. Evaluation prior to issuance of the required septic permit(s). In the event the system(s) is
found to be inadequate, the system(s) must be brought into compliance with I.S.D.S. regulations.
2. An Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit shall be obtained from the Air
Pollution Control Division, Colorado Department of Public Health and Environment for emissions
from the mining operations. The site shall operate in accordance with all applicable rules and
regulations of the Air Pollution Control Division.
3. The applicant shall provide evidence that any vehicle washing area will be designed and constructed
to capture all effluent and prevent any discharges from drum washing and the washing of vehicles in
accordance with the Rules and Regulations of the Water Quality Control Commission and the
Environmental Protection Agency.
4. The applicant shall provide evidence that the facility has an adequate water supply for drinking and
sanitary purposes.
5. 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.
6. 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.
USR-1306 (2 revision)
Platte Sand and Gravel
Page 2
3) The waste handler and facility where the waste will be disposed (including the facility name,
address, and phone number).
7. In event the maintenance facility is equipped with a floor drain, the applicant must apply for an
Underground Injection Control (UIC) Class V Injection Well permit through the Environmental
Protection Agency (EPA), for the floor drain system that serves the maintenance shop, or provide
evidence that the applicant is not subject to the EPA Class V requirements.
The following are the conditions that are recommended to be part of any approval:
1. In the event, the facility utilizes the existing office ranch complex for commercial purposes, the
septic system 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.
2. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash
away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a
health hazard. Following completion of mining, all temporary buildings shall be removed.
3. 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.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
6. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
limit, as measured according to 25-12-103, Colorado Revised Statutes, as amended.
7. Adequate handwashing and toilet facilities shall be provided for the employees and visitors.
8. The applicant shall remove,handle,and stockpile overburden, soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions.
9. The facility shall provide an adequate water supply for drinking and sanitary purposes
10. Fugitive dust shall be controlled on the site.
Hoffschneider, Rocky (Platt° Sand & Gravel, LLC)
USR-1306
Page 3
11. The operation shall comply with the Occupational Safety and Health Act (OSHA).
12. The operation shall comply with the Mine Safety and Health Act(MSHA).
13. The facility shall operate in accordance with the approved dust abatement plan at all times. The
facility shall have sufficient equipment available to implement the dust control as required by the
Weld County Health Dept.
14. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals & Geology.
15. 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.
16. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing
and 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.
17. In accordance with the Above Ground Storage Tank Regulations (7CCr 1101-14) a spillage retention
berm shall be constructed around the tank battery. The volume retained by the spillage berm should
be greater that 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.
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