HomeMy WebLinkAbout20011081.tiff Weld County Planning Dept.
2 9 2000
a County Referral
•
W
oe
December 12, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Hall-Irwin Construction Case Number AmUSR-571
Please Reply By January 3, 2001 Planner Chris Gathman
Project Amend and existing Special Use Permit for Wet Open-Pit Gravel Mining.
Z
Legal Part of the NE4 SW4 and part of the NW4 NE4 of Section 19, Township 6 North, I
Range 67 West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to SH 392, 1/4 mile east of WCR 13.
Parcel Number 0807 19 000063 _ _
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) February 6, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
ca -We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: \/� L ` `-N syeLiV--(7 C. r tr--4 roc/ t>>✓ G-.C. \\
Date
Signature Z��s��—
Agency A,L.C
•:•Weld County Planning Dept. •?1555 N. 17th Ave.Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970 304-6498 fax
• EXHIBIT
2001-1081 1 / 7_
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER eco o
Division of Water Resources ,s�; Coo
Department of Natural Resources we/ yew
1313 Sherman Street,Room 818 d COUhf *
Denver,Colorado 80203 y Pic,nh/ �*1876,
Phone:(303)866-3581 hg Dept,
FAX:(303)866-3589
�t:(„ 2[ Bill Owens
U eouo Governor
http://waterstate.co.us/default.htm /Yk V Greg E.Walther
December 21 ,
A •1E Executive Director
3
Mr. Chris Gathman V D Hal D.Simpson,P.E.
State Engineer
Weld County Planning Dept.
1555 N. 17th Ave.
Greeley, CO 80631
Re: Case Number AmUSR-571
Hall-Irwin Construction
Section 19, T6N, R67W, 6t11 PM
Water Division 1, Water District 3
Dear Mr. Gathman:
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning
directors this office is no longer providing comments on land use actions that do not involve
a subdivision as defined in Section 30-28-101 (101(a), C.R.S. This referral does not appear
to qualify as a "subdivision." Returned herewith are the materials submitted to this office in
the above referenced matter.
We will note; however, this application is for a proposed gravel pit. Therefore, the
Colorado Division of Minerals & Geology (DMG) is the lead state regulatory agency in this
matter. Any water concerns associated with this application will be forwarded by this
agency to DMG.
If you have any questions in this matter, please contact this office at 303/866-3581 .
Sincerely,
William C. McIntyre
Water Resource Engineer
r
EXHIBIT
Enclosures 12
cc: Richard Stenzel, Division Engineer J
4K11 ' Weld County Referral
December 12, 2000
III D
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review: -
Applicant Hall-Irwin Construction Case Number AmUSR-571
Please Reply By January 3, 2001 Planner Chris Gathman
Project Amend and existing Special Use Permit for Wet Open-Pit Gravel Mining.
Legal Part of the NE4 SW4 and part of the NW4 NE4 of Section 19, Township 6 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to SH 392, 1/4 mile east of WCR 13.
� E
Parcel Number 0807 19 000063
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) February 6, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
I4 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
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Signature ' Yl n Date 1I �--)It�l
Agency Z �C0-TYpitnnCc
•Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 •:•(970) EXHIBIT
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Veld Coun' Planning Dept.
dAN 10 2001
4.....i •
RECEIVED
tjti-H5
ar1T�
0 �l .j�,e unty Referral
IIIDc
N 'RS '
December 12, 2000. "iCOLORADO s t
The Weld County Department of Planning Services has received the following item for review:
Applicant Hall-Irwin Construction Case Number AmUSR-571
Please Reply By January 3, 2001 Planner Chris Gathman .
Project Amend and existing Special Use Permit for Wet Open-Pit Gravel Mining.
Legal Part of the NE4 SW4 and part of the NW4 NE4 of Section 19, Township 6 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to SH 392, 1/4 mile east of WCR 13.
Parcel Number 0807 19 000063 r
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) February 6, 2001
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑/We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature Akel . Date 'Z — ZZ—bb
Agency ( .ccz ,44e t- Canirl 6 11.04.7%"&"(t)C
P...."
1
+Weld County Planning Dept. 41555 N. 17th Ave.Greeley, CO. 80631 4(970)353-6100 ext.3540 4-(970)304-6498 fax
EXHIBIT
1 15
n
LARIMER PLANNING AND BUILDING SERVICES DIVISION
COUNTY
P.O. Box 1190
Fort Collins,Colorado 80522-1190
(970)498-7683 (970) 498-7700
COMMITTED TO EXCELLENCE Fax (970) 498-7711
http://www.co.larimer.co.us/planning
January 5, 2001
Mr. Chris Gathman
Weld County Planning Department
1555 N. 17th Ave.
Greeley CO 80631
RE: AmUSR-571
Dear Mr. Gathman:
The Larimer County Planning and Engineering Departments have reviewed the information sent
to us on referral regarding the above referenced application and offer the following comments.
Larimer County recently completed the processing of a mining application for Lafarge at the
Northwest corner of WCR. 13 and Hwy. 392. This application proved to be quite controversial
and generated a significant amount of public interest and comment.
Issues that were of concern to the public were impacts to the flood plain, impacts to the
groundwater, dust, visibility, industrial uses and compatibility. While these were major issues
that resulted in Lafarge having to provide rather extensive studies, the biggest issue that caused
the most controversy was the impact of the additional truck traffic on Hwy 392 and along the
entire corridor from I-25 east through the Town of Windsor.
Because of these concerns, there were some rather significant conditions placed on the Lafarge
mining operation as part of the approval. To begin with, the request to place batch plants at the
site was denied. Additionally, there were tight restrictions placed on the haul routes. Only local
deliveries are allowed on any roads except Hwy. 392 and the portion of WCR 13 between Hwy
392 and the site access.
The following information is an extract of some of the other conditions of approval that the
County imposed upon Lafarge, they are provided for your consideration in the review of this
application.
> Applicant agrees to pay all county and Regional Road Capital Expansion Fees. 10%of this
fee shall be held in reserve for application to improvements associated with Hwy 392. This
10% shall be held for the life of the application and if not used in that period shall be
Oa PRINTED ON RECYCLED PAPER
returned to the overall pool of funds. It shall be used on Hwy 392 projects only if the Town
of Windsor participates similarly with fees and improvements.
➢ The applicant shall construct the raised island design unrestricted right (westbound) turn
lane/acceleration lane with extended taper from CR. 13 to Hwy. 392. The construction shall
be according to plans approved by CDOT. No material shall be hauled from the site until the
improvements are installed and approved by CDOT. The applicant/operator shall participate
in other needed highway improvements along Hwy. 392 (signalization and CR. 3 climbing
lane improvements)based upon a plan approved by the Board of County Commissioners, the
Colorado Department of Transportation and the Town of Windsor, which comprehensively
assigns physical and financial responsibility to existing and new developments that impact
the highway.
➢ Haul traffic shall be limited to no more than 20 truck trips (10 in -10 out)per hour from the
site between the hours of 7 am and 8:00 am. The County Engineering Department shall
monitor the tracking of material onto the County Road and Highway. If it is determined by
the County Engineering Department that material tracking is a problem the applicant shall
install either anti tracking devices or vehicle washing systems at all exit locations to the pit to
limit the amount of material tracked on to WCR 13 and Hwy. 392.
➢ The applicant shall perform initial dust testing prior the commencing operation to establish
baseline conditions. The applicant shall conduct monitoring during the initial phase of
operations to insure that the air quality modeling is accurate.
> The applicant shall prepare driver education information for use at the pit. This can include
pamphlets and signs, which clearly indicate the agreement the applicant has entered into with
the County and the HOA's. Specifically, this information needs to include the travel
restriction on WCR 13 and CR. 32E, The prohibition of use of the CR. 3 acceleration lane for
climbing purposes, the request to limit the use of"Jake Brakes", and the state requirement for
covered loads.
We recommend that a detailed traffic analysis and study be conducted for this site, and that the
recommendations of any study be incorporated in the approval of any application at this site. We
would also appreciate obtaining a copy of any traffic study/analysis that is conducted for this
site.
Due to this recent experience we strongly recommend that the applicant hold at least one
neighborhood meeting and that the notice area be extensive enough to include all of the nearby
and adjacent subdivisions in Windsor and Larimer County. We also recommend that the
applicant take a close look at the other issues mentioned above as they pertain to their site.
In addition, we strongly recommend that the applicant and Weld County pursue coordination on
a cooperative planning effort with Windsor, Larimer County and CDOT regarding both the short
r-� and long range transportation improvements needed on Hwy 392 and the surrounding area.
Should you have questions or require additional information on these comments please contact
us.
Sincerely,
'LP
Ro ert Helmic Rusty McDaniel
Senior Planner—Development Review Civil Engineer
Larimer County Planning Department Larimer County Engineering Department
xc: Board of County Commissioners
File
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9703502198 fra0T TRAFFIC 142 P02 JAN 08 '01 11:27
Weld , so au.
Kit
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Weld County Referral
December 12, 2000
C cr
COLORADO ';
The Weld County Department of Planning Services has received the following item for review:
Applicant Hall-Irwin Construction One Number AmUSR-571
Please Reply By January 3, 2001 Planner Chris Gathman
Project Amend and existing Special Use Permit for Wet Open-Pit Gravel Mining.
Legal Part of the NE4 SW4 and part of the NW4 NE4 of Section 19, Township 6 North,
Range 87 West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to SH 392, 1/4 mile east of WCR 13.
Parcel Number 0807 19 000083 •
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) February 6, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
•
Comments:
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Signature AA IRA— �O�� Date l /g/o /
Agency 1 Dcrr- Access
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)3046498 fax
II /let I
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zF,NT o\ DEPARTMENT OF THE ARMY
41,.{.{� % aa�‘\ CORPS OF ENGINEERS, OMAHA DISTRICT
C3`� L i' DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD
n LITTLETON,T(� COLORADO
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� j. 4r REPLY TO age rigoin NA •
`4'31QL601 ATTENTION OF. • �QQ �g Dept.
-'--L 28 2000
Chris GathmCounty n RECEIVED
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
RE: Hall-Irwin Construction, Case No.AmUSR-571
Corps File No.200080673
Reference is made to the above-mentioned project located in the NE Y<of Section 19,
Township 6 North,Range 67 West, Weld County, Colorado. Pursuant to Section 404 of the Clean
Water Act,the active mining pit at this location is not a waters of the U.S..
The project has been reviewed in accordance with Section 404 of the Clean Water Act under
which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and
any excavation associated with a dredged and fill project, in waters of the United States which
includes ephemeral, intermittent, and perennial streams, lakes,ponds or wetlands. Based on the
information presented,this project will not require a Department of the Army (DA)permit.
Although a DA permit will not be required for the project, this does not eliminate the
requirements that other applicable federal, state, tribal, and local permits are obtained if needed.
If there are any questions concerning this matter,please call Mr. Terry McKee of this office
at 303-979-4120 and reference Corps File No. 200080673.
Si�ncerely,
r
Timo - 1 T. C rey
Chie , •env r ' -.ulataryOffice
tm
EXHIBIT
I ' 7
MEMORANDUM
TO: Chris Gathman DATE: December 29, 2000
' Department of Planning Services
e
FROM: Sheble McConnelloue, Weld County Health
COLORADO CASE NO.: AmUSR-571
NAME: Hall-Irwin Construction
Environmental Health Services has reviewed this proposal for a Gravel Mining Operation. Our Department
recommends approval. Prior to recording the plat:
1) The applicant shall permit the existing septic system at the adjacent site. 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) The applicant shall obtain a NPDES Permit from the Water Quality Control Division of the Colorado
Department of Health for proposed discharge into State Waterways. Evidence of approval shall be
submitted to the Weld County Department of Planning. (Dept. of Public Health and Environment)
3) 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. Evidence of approval shall be submitted to the Weld County
Department of Planning. (Dept. Of Public Health and Environment)
4) 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. (Dept. Of Public Health and
Environment)
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-
,-- 101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Dept. of Public Health and Environment)
EXHIBIT
Ig
Hall-Irwin Construction
AmUSR-571
Page 2
/3) No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and
Environment)
4) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment)
57' 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. (Dept. of Public Health and Environment)
6) Adequate toilet facilities shall be provided for the employees. (Dept. of Public Health and
Environment)
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. (Dept. of Public Health and Environment)
✓8) The employees shall utilize the individual sewage disposal system on the adjacent property. (Dept.
of Public Health and Environment)
✓9) 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.(Dept. of Public Health
and Environment)
/10) The facility shall utilize bottled drinking water for employees. (Dept. of Public Health and Environment)
111) Fugitive dust shall be controlled on the site. (Dept. of Public Health and Environment)
X12) The operation shall comply with the Occupational Safety and Health Act (OSHA). (Dept. Of Public
Health and Environment)
/13) The operation shall comply with the Mine Safety and Health Act(MSHA). (Dept. Of Public Health and
Environment)
✓14) 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. (Dept. of Public Health and Environment)
✓15) The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals & Geology. (Dept. of Public Health and Environment)
116) 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.
sm/amusr571
CteLe ' MEMORANDUM
'1*�
TO: Chris Gathman, Planner I DATE: January 5, 2001
1
• FROM: Donald Carroll, Engineering Admin fritt6Co 4 punning Dept
COLORADO SUBJECT: AmUSR-571; Hall-Irwin Construction
;!APv 08 2001
RECEIVED
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Weld County Use by Special Review Standards. Our comments and requirements are as follows:
COMMENTS:
WCR 13 is designated on the Weld County Transportation Plan Map as being located in the Windsor study area.
It is designated on the Windsor Comprehensive Plan as a rural minor arterial road,which requires five lanes,a 130-
foot right-of-way, and 72 feet of pavement at full build out.
The Weld County Public Works Department maintains WCR 13 south of State Highway 392 to the Poudre River
Bridge. South of this location, the City of Windsor has annexed WCR 13 to accommodate development.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of the application.
The applicant shall verify with the Colorado Department of Transportation (CDOT)future right-of-way requirements
adjacent to State Highway 392. This shall be delineated on the plat. Setbacks from the proposed mining operations
ponds shall be determined by the future right-of-way requirement.
J Road Impact and Maintenance Agreement: The applicant shall provide a current improvements agreement. Our
records indicate that the existing improvements agreement with Connell Resources, Inc. was transferred with the
USR to Hall-Irwin Construction.
;Future Right-of-Way: The applicant shall reserve an additional 35-foot right-of-way adjacent to WCR 13 for future
build out of a rural minor arterial road.
pc: AmUSR-571
planl7usr wpd
EXHIBIT
I9
•
• RECEIVED
DEC 15 2000
WELD COUNTY
ctitt: 6 • PUfiLIC WORKS DEPT
Weld County Referral
December 12, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Hall-Irwin Construction Case Number AmUSR-571
Please Reply By January 3, 2001 Planner Chris Gathman
Project Amend and existing Special Use Permit for Wet Open-Pit Gravel Mining.
Legal Part of the NE4 SW4 and part of the NW4 NE4 of Section 19, Township 6 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to SH 392, 1/4 mile east of WCR 13.
Parcel Number 0807 19 000063
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) February 6, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature i14144,4, �t Date ci—C 4- co
Agency �LG '4 (4 �
-Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 :•(970)353-6100 ext.3540 +(970)304-6498 fax
JAN-18-2001 THU 02:26 PM TA OF WINDSOR FAX NO. 924§867180 P. 01
WINDSOR
, � Town of Windsor
301 Walnut Street • Windsor, Colorado 80550 • 970-686-7476 • Fax: 970 686-7180
COLO
•
January 18, 2001
• Chris Gathman, Weld County Planner
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
Subject: AmUSR-571 Hall Irwin
Dear Mr. Gathman:
The Town of Windsor Planning Commission reviewed this referral at its regular
meeting of January 17, 2001. The applicant was present at the Planning
Commission meeting and was in agreement with the conditions outlined below.
• The subject property is located within the Town's Growth Management Area (GMA)
and is depicted as Parks, Open Space & Floodplains on the Town's Land Use Plan
map. The Windsor Comprehensive Plan states that the Open Space depiction
provides for lands that are open and generally free from development. Since the
mining operation is not the ultimate end-use of the property and does not propose
development at this time, the proposed gravel mining use is consistent with the
' Town's Land Use Plan map.
The subject site is located within one mile of the River Ridge subdivisions which
total 328 single family residential units. These subdivisions are currently
approximately 72% built-out. Additionally, the property approximately one mile
south of the subject property is also master planned for an additional 132 housing
• units. The application materials indicate that the hours of operation shall be during
the hours of daylight except in the case of an emergency. Due to the proximity of
the subject site to these existing and planned residences and the potential for
conflicts, the proposed hours of operation should be limited.
Since the subject site is located within the Town's GMA boundary and it is probable
that the site will become encompassed by the Town in the future, an annexation
agreement should be required. The Town and County should make every attempt
r^ ' to avoid future enclaves of unincorporated county within the corporate limits of the
• . Town. Such enclaves lead to confusion over jurisdictional authority, potential
maintenance problems and other general inefficiencies.
EXHIBIT
JAN-18-2001 THU 02:26 PM TAI OF WINDSOR FAX NO. 9, A8867180 P. 02
Therefore, the Town of Windsor Planning Commission recommends approval of
this amended Use by Special Review permit subject to the following conditions:
1. The applicant shall provide an acceptable flood study, prior to final approval
of the project, to ensure that mining activities will not adversely affect the
floodplain or floodway. The berms identified on the extraction plan may
create barriers to floodwaters and adversely affect adjacent properties if
implemented as shown.
2. The applicant shall be required to obtain all applicable local, state and
federal permits pertaining to stormwater management, development and
operations in the floodplain and floodway.
3. The applicant shall be required to install and maintain landscaping along the
Highway 392 frontage to provide a visual barrier between the highway and
the mining operation.
4. The applicant shall satisfactorily address all of the requirements of the
• Windsor-Severance Fire Protection District.
•
• 5. The hours of operation shall be limited to 6:00 a.m. until 7:00 p.m.
• 6. If applicable, the applicant shall adhere to all requirements of the U.S. Army
Corps of Engineers with regard to any wetlands on the site.
•
7. The applicant shall dedicate rather than reserve the proposed right-of-way
along State Highway 392.
8. The applicant shall enter into an annexation agreement with the Town of
Windsor prior to recording the Use by Special Review plat. Such annexation
agreement shall require the subject property to annex to the Town at such
time in the future that the property becomes an enclave which is bounded on
all sides by the Town, with such annexation agreement being recorded with
the Weld County Clerk and Recorder,
Thank you for the opportunity to review this proposal.
Sincerely,
Scott Ballstadt
Senior Planner
pc: Robert G. Frank, Chairman, Windsor Planning Commission
Hall Irwin, applicant
• Danna Ortiz, Rocky Mountain Consultants, Inc.
• applicant's representative
Weld County Planning Dept.
STATE OF COLORADO
Bill Owens,Governor t1
DEPARTMENT OF NATURAL RESOURCES 9 6 2001 5,4
1- DIVISION OF WILDLIFE •
AN EQUAL OPPORTUNITY EMPLOYER RECEIVED o�OF v;'
Russell George,Directs a•
6060 Broadway
Denver,Colorado 80216 For
Telephone:(303)297-1192 For People
Larry Rogstad,District Wildlife Manager
1528 28th Avenue Court EXHIBIT
Greeley,Colorado 80634 phone:970-352-2143 January 5,2001 i7 1
Chris Gathman, Planner
Weld County Planning Department
1555 north 17`s Avenue
Greeley, Colorado 80631 Re: AmUSR-571
Dear Chris,
I received the packet from you concerning Hall Irwin's addition of the Roth Farm to their gravel mining
operation at Frank State Wildlife Area. I am familiar with the site from years of district patrol. In this
letter you will find the Division's comments concerning this proposal.
The site is subirrigated pasture land within the flood zone of the Cache La Poudre River. The pastures, a
mixture of native grasses and exotic species, have been heavily grazed for as long as I can remember. A
permanently flowing drainage is located on the west boundary of the property. Portions of the pasture
are occupied by a colony of Black-tailed Prairie Dogs. Several species of raptors are frequently found
hunting the site.
Post mining, the she will be reclaimed with two ponds. Since other recently created ponds on the Hall
Irwin site have been lined, one can assume these ponds will also be lined. If this is the case it may have
an impact on the water table, flood zone and surrounding landowners, including the Division of Wildlife
Frank Easement.
In all likelihood mining will necessitate the removal of the prairie dogs. Black-tail Prairie Dogs are a
pivotal species in short grass/midgrass prairie ecosystems. Post mining the site will probably not be
suitable for this species. There are other Black Tailed Prairie Dog towns within one mile of this site.
However, many acres of dog town have already been destroyed in the immediate vicinity within the last
five years. An active Bald Eagle nest she is located within two miles of this town. A check of the nest
and surrounding ground during the banding of eaglets in the spring, indicates that the adult eagles use
prairie dogs as a primary food source for their chicks. Continued elimination of prairie dogs in this
portion of the Poudre River Valley could eventually negatively impact nesting success for these eagles.
Based on these considerations the Division would recommend the following:
1. If possible, Black-tailed Prairie Dogs on she should not moved or disturbed.
ea-
2. Should development of this she require removal of some or all of the prairie dogs, we would
encourage the replacement of the colony, on an acre for acre basis, in the immediate vicinity of this
DEPARTMENT OF NATURAL RESOURCES,Greg E.Watcher,Executive Director
WILDLIFE COMMISSION,Bernard L.Black,Jr.,Chairman • Rid(Enstrom,Vice-Chairman • Phip James,Secretary
site. Alternatively, should there be suitable habitat remaining on this parcel post mining, Black-tailed
Prairie Dogs should be reintroduced at the site as a final step to the reclamation plan.
3. Should it be necessary to eradicate prairie dogs on this site, the following guidelines should be
adhered to:
A. Prairie dogs in areas to be developed should be removed only by existing legal methods
including hunting, trap/transplant efforts and/or use of toxicants.
B. Eliminating prairie dogs by use of earth moving equipment should not be considered an
appropriate method of removal.
C. Use of toxicants should include only the use of chemicals registered for this purpose and
techniques considered appropriate for eradication.
D. In an effort to avoid adverse impacts to Burrowing Owls, a Colorado listed threatened
species, and juvenile prairie dogs, it would be best if initial dirt work took place between
September first and March 31.
E. If control efforts and/or initial groundbreaking occurs between April first and August 31, the
site should be surveyed, by a certified biologist trained in the proper technique, to make
certain that there are no active nesting Burrowing Owls. If nesting Burrowing Owls are
discovered on site,their burrow entrance should be protected by a marked nondisturbance
zone of 180 yard radius from the hole through July 31g. The owner/operator shall
immediately notify the Division of Wildlife upon discovery of any injured or dead Burrowing
Owls.
F. Prior to any trap/transplant effort, the appropriate permit must be applied for and received
from the Colorado Division of Wildlife. As a part of this process it will be necessary to work
with and seek the support of the Board of County Commissioners for Weld County.
3. Reclamation of the ponds should include irregular shoreline contours and varying slope angle to
maximize diversity of aquatic habitat.
4. A minimum ratio of 1:1 upland fringe to riparian edge should be maintained to provide upland habitat
necessary for nesting birds and other creatures.
5. The parcel lies within an area designated by the U S Fish and Wildlife Service as a potential Preble's
Mouse protection site. Since this also a subirrigated pasture it could potentially contain Ute Ladies'-
Tresses Orchids. Consequently, we would recommend a Preble's search and a Spiranthes search be
conducted by a certified biologist prior to ground breaking.
6. Water flowing through the drainage ditch on the west boundary of the property flows south through a
ditch and slough on the Frank State Wildlife Area. The Division would recommend that it should not
be diverted or put to use without receiving prior authorization from the appropriate authorities.
As always, we appreciate the opportunity to review and comment on development proposals submitted
by your agency. Feel free to call on me at 352-2143 if I can be of further service.
Best Regards,
Larry Rogstad
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