HomeMy WebLinkAbout20000190.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Hall-IrwinfTuttleApplegate, Inc. Case Number AmUSR-1172
Submitted or Prepared
Prior to At Hearng
Hearing
1 Staff Comments (8 pages) X
2 Notice of Public Hearing, Faxed 11.29.99 X
3 Letter to the Applicant X
4 Letter from the Applicant X
5 Application' (5 pages) X
6 Letter to the Applicant from Department of Planning Services, X
dated 2.8.99
7 Letter from the Applicant to Department of Planning Services, X
dated 1.28.99
8 Referral List X
9 Referral Letter X
10 Brighton Fire Protection District, referral received 11.2.99 X
11 West Adams Soil Conservation District, referral received X
11.11.90
12 Weld County Public Works, referral received 11.10.99 X
13 Weld County Public Works, referral received 11.10.99 X
14 Weld County Public Health, referral received 11.23.99 (2 pages) X
15 Weld County Public Health, referral received 11.23.99 (2 pages) X
16 Weld County Building Inspection, referral received 10.29.99 X
17 US Army Corps of Engineers, referral received 11.5.99 X
18 Map prepared by the Applicant X
19 Map prepared by the Applicant X
20 Deed X
21 Surrounding Property Owners, Surface Estate (2 pages) X
22 Surrounding Property Owners, Minerals and Subsurface Estate X
(2 pages)
23 Surrounding Property Owners, Certificate of Mailing (3 pages) X --
24 Letter from US Environmental Protection Agency, received X
10.5.99 ( 11 pages)
EX IEIIT
2000-0190
limUS+C /172
25 Colorado Department of Transportation, referral received 12.7.99 X
26 Site Check, dated 12.8.99 X
27 Weld County Planning Commission, referral received 12.1.99 X
28 Affidavit of Publication, South Weld Sun, 12.2.99 X
29 FEMA, referral received, 12.17.99 (3 pages) X
30
31
Item submitted at planning commission
I hereby certify that the 29 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
aght
Anne Best Johnson +
Long-Range Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS (72v~V day of I--J rJ/n'v't 19 96/.
SEAL
OS/WC).‘--) 711) . �� ��
NOTARY PUBLIC ti
MY COMMISSION EXPIRES bc) 03 - 0)O001
46tt*:, ND USE h iDe. LA 'ON
SUMMARY SHEET
COLORADO
Case Number: AmUSR-1172 Hearing Date: December 21, 1999
Applicant: Hall-Irwin/TuttleApplegate, Inc. Address:3026 4th Avenue, Greeley, CO 80631
Request: An amendment to a Site Specific Development Plan and a Special Review Permit
to include the sale of landscape materials from a site permitted for a Sand and
Gravel Mining Operation in the (A) Agricultural zone district.
Legal Description: Section 36, Township 1 North, Range 67 West of the 6th P.M., Weld County, CO
Location: North of and adjacent to WCR 2; approximately 1/8 mile east of WCR 23-1/2.
Size of Parcel: 4 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 and Section 44 of the Weld
County Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Health Department referral
• Weld County Public Works Department referral
• Weld County Building Inspection referral
• Brighton Fire Protection District referral
• US Army Corps of Engineers referral
• West Adams Soil Conservation District referral
• Colorado Department of Transportation referral
The Department of Planning Services' staff has not received responses from the following agencies
• Weld County Zoning Compliance
• Colorado Division of Water Resources
• Colorado Oil and Gas Commission
• Colorado Division of Wildlife
• Colorado Division of Minerals and Geology
• Adams County
Page 1
"AAA.-
4‘ 0
gs�� SPECIAL REVIEW PERMIT
hiDe ADMINISTRATIVE REVIEW
COLORADO
Case Number: AmUSR-1172 Hearing Date: December 21, 1999
Applicant: Hall-Irwin/TuttleApplegate, Inc. Address: 3026 4th Avenue, Greeley, CO 80631
Request: An amendment to a Site Specific Development Plan and a Special Review Permit to
include the sale of landscape materials from a site permitted for a Sand and Gravel
Mining Operation in the (A) Agricultural zone district.
Legal Description: Section 36, Township 1 North, Range 67 West of the 6th P.M., Weld County, CO
Location: North of and adjacent to WCR 2; approximately 1/8 mile east of WCR 23-1/2.
Size of Parcel: 4 +/- acres Parcel Number: 1469 36 400034
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive
Plan, as amended. A. Goal 2 states, "Allow commercial and industrial uses which are
directly related to or dependent upon agriculture to locate within Agricultural zoning when
the impact to surrounding properties is minimal, and where adequate services and
infrastructure are available." This is an amendment to an existing USR for a gravel
mining operation.
b. Section 24.3.1.2--That the proposal is consistent with the intent of the Agricultural district.
Section 31.4.21 of the Weld County Zoning Ordinance states that "Uses similar to the
uses listed above as Uses by Special Review as long as the Use complies with the
general intent of the Agricultural District." Planning Commission and Board of County
Commission members permitted USR-1172 to take place in the Agricultural Zone District
in 1998. The amendment to include the sale of landscape materials compliments the
existing permitted use.
c. Section 24.3.1.3--That the proposal will be compatible with the existing surrounding land
uses. Surrounding land uses include two residences to the west, residential uses and
the South Platte River to the east, pasture land to the north, Adams County and sand
and gravel mining to the south. Adams County reviewed USR-1172 and was provided
an opportunity to respond to this amendment application.
Page 2
d. Section 24.3.1.4--That the proposed use will be compatible with future development of
the surrounding area as permitted by the existing zoning and with the future development
as projected by the Comprehensive Plan or Master Plans of affected municipalities: This
amendment is an expansion of the use permitted through USR-1172.
e. Section 24.3.1.5--That the application complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the proposal is located within the Overlay
District Areas identified by maps officially adopted by the County: The subject
site is located in the Flood Hazard Overlay District Area as identified on FIRM Community
Pan& maps#080266 0995C and #080266 0983C dated September 28, 1982.
Development Standards and Conditions of Approval address this issue.
f. Section 24.3.1.6--That if the use is proposed to be located in the A (Agricultural) District,
that the applicant has demonstrated a diligent effort has been made to conserve Prime
Farm Land in the locational decision for the proposed use: This amendment site does
not rest on land classified as Prime Farm Land.
g. Section 24.3.1.7- - That there is adequate provision for the protection of the health,
safety and welfare of the inhabitants of the Neighborhood and the County: The
Department of Planning Services has incorporated referral responses into Conditions
of Approval and Development standards that will mitigate negative impacts to the health,
safety and welfare of the inhabitants of the Neighborhood and the County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Page 3
The Department of Planning Services's staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners.
(Planning Dept.)
2. Prior to recording the plat:
A. The plat shall be amended to include all development standards for USR-1172 on the
plat for AmUSR-1172. (Planning Services).
B. The applicant shall apply for and be granted a flood hazard development permit with
the Weld County Department of Planning Services for this amended use. (Planning
Dept.).
C. The applicant shall submit written evidence to the Department of Planning Services that
the violation of the Clean Water Act issued through the U.S. Environmental Protection
Agency (letter received by the Department of Planning Services on October 5, 1999)
has been closed to the satisfaction of the U.S. Environmental Protection Agency's
satisfaction (Planning Services).
D. The applicant shall use the existing trailer for bathroom facilities. This trailer is located
100 feet from the proposed trailer location. The plat shall be amended to illustrate this
change. (Planning Service and Health Dept.).
E. The existing septic system for the existing trailer shall be reviewed by a Colorado
Registered Engineer. The review shall consist of an observation of the system and a
technical review describing the system 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. (Health Dept.).
F. The operator shall submit a dust abatement plan for approval to both the Weld County
Departments of Health and Planning Services. (Health Dept.).
G. All storm water drainage shall flow north toward the pit and into the dewatering trenches.
(Public Works).
H. Weld County Road (WCR) 2 is designated as an arterial roadway. Access to the
amended site shall be from WCR 2 (168th Avenue) to the existing Hall-Irwin Sand and
Gravel mining Operation. No additional accesses will be granted to WCR 2. (Public
Works).
Page 4
Additional parking areas shall be provided to accommodate the landscape materials
sales. The plat shall be amended to show all parking areas. (Public Works).
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Planning Dept.)
Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin
AmUSR-1172
1. The amended Site Specific Development Plan and Special Use Permit #1172 is for the sale of
landscape materials from a site permitted for a Sand and Gravel Mining Operation in the (A)
Agricultural zone district as indicated in application materials on file in the Department of
Planning Services and subject to the Development Standards stated herein. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning Dept.)
3. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
a. No fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain of
the South Platte River which would obstruct passage of flood flows. (Planning Dept.)
b. 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. (Planning Dept.)
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. All liquid and solid wastes (as defined
in the Solid Waste Disposal Sites and Facilities Actr, 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. (Health Dept.)
5. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
7. 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. (Health Dept.)
8. An NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado
Department of Health for any proposed discharge into State Waterways. (Health Dept.)
9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the
facility area in a manner that will prevent nuisance conditions. (Health Dept.)
10. An Air Pollution Emission Notice and emission permit shall be obtained from the Air Pollution
Control Division of the Colorado Department of Public Health for emissions from the mining
Page 6
operations. The site shall operate in accordance with all applicable rules and regulations of the
Air Pollution Control Division. (Health Dept.)
11. No permanent structures are proposed for this site. Portable toilets may be utilized on sites
which are temporary locations of the working face and portable processing equipment, etc. for
up to six months at each location. (Health Dept.).
12. The facility shall utilize bottled water for the employees and public. (Health Dept.).
13. The facility must comply with the rules and regulations of the Colorado Division of Minerals and
Geology. (Health Dept.).
14. Adequate toilet facilities shall be provided for the employees and customers. (Health Dept.).
15. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado registered Professional Engineer according to the Weld
County individual Sewage Disposal Regulations. (Health Dept.).
16. The installation of the septic system shall comply with the Weld County I.S.D.S floodplain policy.
(Health Dept.)
17. The installation of any septic system within the 100-year floodplain shall comply with the Weld
County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no
septic systems shall be installed within the floodway. (Health Dept.)
18. No parking or staging of vehicles shall be allowed on the existing access road to the sand and
gravel operation adjacent to the amended landscaping material area. The designated parking
area is the only parking area to be utilized. (Public Works).
19. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify
the boundaries of the site. (Planning Dept.)
20. All construction for temporary and permanent structures on the property shall be in accordance
with the Weld County Building Code Ordinance. (Planning Dept.)
21. As indicated in the application material hours of operation shall start at 6:30 a.m. and cease at
5:30 p.m. Monday through Saturday. (Planning Dept.)
22. Lighting provided for security and emergency night operation on the site shall be designed so
that the lighting will not adversely affect surrounding property owners. (Planning Dept.)
23. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Ordinance 169A. (Public Works)
Page 7
24. If any work associated with this project requires the placement of dredged or fill material, and
any excavation associated with a dredged or fill project, either temporary or permanent, in
waters of the United States which may include streams, open water lakes, ponds or wetlands
at this location, the U.S. Army Corps of Engineers , Omaha District shall be contacted by a
proponent of the project for proper Department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act. (US Army Corps of Engineers).
25. The sand and gravel operation and the landscape materials operation shall comply with all
operation policies identified in Section 44 of the Weld County Zoning Ordinance except 44.4.2
regarding hours of operation which shall comply with Development Standard 21.
26. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance, as amended.
27. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 24.6 of the Weld County Zoning Ordinance, as amended.
28. Personnel from the Weld County Health Department and Weld County Planning Department
shall be granted access onto the property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards stated herein and all
applicable Weld County Regulations.
29. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Planning Commission before such changes from
the plans or Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
Page 8
Lviise,r� ri APPLICATION FLOW SHEET
COLORADO
APPLICANT: TuttleApplegate, Inc./Hall-Irwin CASE#: AmUSR-1172
REQUEST: An Amendment to a Site Specific Development Plan and Special Review Permit to
include the sale of landscape materials from a site permitted for a Sand and Gravel
Mining Operation in the Agricultural (A) Zone District.
LEGAL: SE4 Section 36, T1 N, R67W
LOCATION: North of, and adjacent to WCR 2, approximately 1/8 mile east of WCR 23-1/2
PARCEL ID #: 1469 36 400034 ACRES: 4
DATE BY
Application Received 10/25/99 SL
Application Complete 10/26/99 ABJ
PC Hearing Date: Action: 12/21/99
oard-uate.
PC Sign to be Posted By: (2/, t) ei 12/10/99
PC Sign Posted ` 12' -61 " 1 (t
Referrals Listed 10/26/99 q ABJ
File Assembled miss// I /
Referrals Mailed 1 )gc
/q
Chaindexed _/0 /3 cD/1 / > c
Letter to Applicant Mailed /04/2C5/q1
q1
Date Public Notice Published in County Newspaper
Surrounding Property & Mineral Owners Notified /07)(01 q
Planning Technician Maps Prepared ///// il 3 A. L
Gl
Field Check by DPS Staff 71U
Planning Commission Resolution Sent to Applicant
Planning Commission Meeting Minutes Filed in Case
Case Sent to Clerk to the Board
CC Hearing: Action:
CC Sign to be Posted By:
CC Sign Posted
Plat and/or Resolution Recorded
Recorded on Maps and filed
Overlay Districts
Zoning Ag
Airport No
Geologic No
Flood Hazard Yes: Panel#080266 0995C
WI"
PC FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
FAx: 970-304-6498
PHONE: 970-353-6100, EXT. 3540
To: Shani Eastin Date: December 20, 1999
Fax: 303.452.2759 Pages: 9, including cover, hard-copy mailed
Phone:
From: Anne Best Johnson, Long-Range
Planner
Subject: US EPA, AmUSR-1172
COMMENTS: Please see attached information. The EPA did indicate that the letter was sent to
Gary. If he did not receive the letter, he may want to verify that the EPA has the correct address,
etc.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and
may contain information that is privileged, confidential, and exempt from disclosure under
applicable law. If the reader of this facsimile is not the intended recipient nor the employee or
agent responsible for delivering the facsimile to the intended recipient, you are hereby notified
that any dissemination, distribution, or copying of this communication is strictly prohibited. If
you have received this communication in error, please notify us immediately by telephone and
return the original message to us at the above address via the U.S. Postal Service. Thank you.
FAX TRANSMISSION
WC TWELDOFLA NN
DEPARTMENT PLANNING SERVICES
COLORADO FAX: 970-304-6498
PHONE: 970-353-6100, EXT. 3540
To: Shani Eastin Date: November 1, 1999
FAX: 303.452.2759 Pages: 1, including cover
FROM: Anne Best Johnson,Long-Range
Planner 970353.6100 x 3540
COMMENTS: Due to the Weld County Zoning Ordinance amendment, 8911, it is necessary that applicants
provide evidence of any oil and/or gas production facility within a 350 foot radius of proposed land use cases,
including the amendment to USR-1172. Maps/plats in the file for USR-1172 do not indicate oil and gas
production facilities on adjacent properties. Maps/plats filed with the application for AmUSR-1172 do not indicate
oil and gas production facilities on adjacent properties. It is important that I receive a plat/map illustrating the
location of oil and gas production facilities within a 350 foot radius of the proposed amendment to USR-1 172 by
November 10. This plat/map should illustrate the location of such facilities and the distance of these facilities from
the proposed site. Thank you.
Excerpts from the Weld County Zoning Ordinance for your use:
OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters, separators,
meters, compressors, TANK BATTERY and other equipment directly associated with the producing well, all of
which must be connected, functional and in operation.
31.5.5 No BUILDING or STRUCTURE shall be constructed within a 350 foot radius of any OIL AND GAS
PRODUCTION FACILITIES. Any construction within a 350 foot radius of OIL AND GAS
PRODUCTION FACILITIES shall require a variance from the terms of this Ordinance in accordance with
Section 61.3.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that
is privileged. confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended
recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified
that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this
communication in error,please notify us immediately by telephone and return the original message to us at the above address
via the U.S. Postal Service. Thank you.
WI" FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
FAX: 970-304-6498
PHONE: 970-353-6100, Err. 3540
To: Shani Eastin 303.452.2759 Date: October 27, 1999
Pages: 1, including cover
From: Anne Best Johnson,Long-Range Subject: Oil and Gas Amendment to
Planner 970.353.6100 x 3540 Ordinance 89
COMMENTS:
Sections: 31.5.5, 32.7.12.2.6, 36.3.12
Effective Date: August 30, 1999
"No BUILDING or STRUCTURE shall be constructed within a 350 foot radius of any OIL AND
GAS PRODUCTION FACILITIES. Any construction within a 350 foot radius of OIL AND GAS
PRODUCTION FACILITIES shall require a variance from the terms of this Ordinance in
accordance with Section 61.3."
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain
information that is privileged, confidential,and exempt from disclosure under applicable law. If the reader of this
facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the
intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is
strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and
return the original message to us at the above address via the U.S. Postal Service. Thank you.
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
TELEPHONE O OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: 012ld ('14 /0/'Y'r` ,.CP
NAME: /-YrijU, Y a'J L PHONE: ;zC5 462
ADDRESS: l L4A4Vf >k0.71,Q.bdt ;"`
f
TYPE OF INQUIRY:
_ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN
_ ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
_ RE _FINAL PLAT _ ZONING
_ AMENDED RE RESUBDIVISION ADDRESSING
SE _ FHDP _ BUILDING PERMIT
_ AMENDED SE _ GHDP _ SETBACKS/OFFSETS
_ SITE PLAN REVIEW USR HOME OCCUPATION
REZONING ?C AMENDED USR 1172_ _ VIOLATION
_ PUD SKETCH PLAN _ USR MINING _ OTHER
_ PUD DISTRICT _ USR MAJOR FACILITY _
PUD FINAL PLAT _ USR DISPOSAL SITE
STAFF PERSON: 4,(401
ITEMS DISCUSSED:
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I:'fd'V1 L4. 411 JL . &, . 1 i tL19}4 407,10 c'17tc' /rte } ' ( i'j/
itit Gti,;)4C }.07 l. rat') ti-y, f'4krUsiC I t-7a- ..3//, RI)t.ul�- (ix)'iPt
lift cXo— f- "tD;i ''Je/t yYl 17r, f1(iPt. (, ELI 1,1,i
,; 6 Lf,YLg:1. 4,'v
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Time Spent: ) 2 �4\. i Staff Member's Initials: t1 )
citizen.shl
Arm
"le° %. UNITED STATES ENVIRONMENTAL PROTECTION ,.,iENCY
( VIII
�� - SUITE /REGION
� Y 999 18th STREET 500 (f�,-t
DENVER, COLORADO 80202-2466y
SEP 3 0 IG9)
CERILF7LD MAIL
RETURN RECEIPT REQUESTED
e!d County FlUnair.g
Ref: 8ENF-T
()CT 05 1999
Mr. Jeff Gregg, Vice President
Hall-Irwin Companies 1
P.O. Box519
Greeley, Colorado 80632
Mr. Peter Baurer
Ms. Cindy Baurer
754 Weld County Road 23%
Brighton, Colorado 80601
Mr. Carl Eiberger
754 Weld County Road 23%
Brighton, Colorado 80601
Re: Findings of Violation and Order for
Compliance
Docket No. CWA-8--99-23
Dear Mr. Gregg, Mr. and Ms. Baurer and Mr. Eiberger:
Based on our review of all available information, EPA Region VIII has determined that
Hall-Irwin Companies ("Hall-Irwin") has violated the Clean Water Act, ("CWA"). The CWA
requires that an authorizing permit be obtained from the U.S. Army Corps of Engineers(the
"Corps") prior to the discharge of pollutants i.e., dredged or fill material) into waters of the
United States. See 33 U.S.C. Section 1311. Waters of the U.S. include both surface waters and
wetlands as defined by 33 CFR Part 328.3.
Specifically, Hall-Irwin failed to obtain the appropriate authorization under the CWA for
placement of dredged and fill material into waters of the United States. This occurred in
wetlands, on property owned by Mr. and Ms. Baurer and Mr. Eiberger, adjacent to the South
Platte River during preparation for mining activities by Hall-Irwin near Brighton, Colorado, in
Section 36, Township 1N, Range 67W, Weld, County. The apparent purpose of the discharges
was to construct a slurry wall around the mining area. EXHIBIT
2y
#.
Printed on Recycled Paper
2
Enclosed is a U.S. Environmental Protection Agency Administrative Order("Order"),
pursuant to Sections 308(a) and 309(a)(3) 33 U.S.C. §§ 1318(a) and 1319(a)(3), which specifies
the nature of the violations and describes actions necessary in order for Hall-Irwin to come into
andremcn'' nn • '..,ccyvi , t WA. .
•
addition , the Order requires submittal
. Please see the Order itself for the details of these
and other requirements. The owners of the property need to ensure that access to the property by
Hall-Irwin will be allowed.
The enclosed Order requires Hall-Irwin to inform EPA in writing within five days whether
Hall-Irwin intends to comply with this Order.
The authority for EPA's action is provided under Section 309(a)(3) of the CWA, see 33
U.S.C. Section 1319(a)(3).
Please review the Order carefully. All questions which are technical in nature should be
directed to Barbara Conklin at 303/312-6407. Questions which are legal in nature should be
directed to Elyana Sutin, Senior Enforcement Attorney, at 303/312-6899.
The Clean Water Act requires the Administrator of EPA to take all appropriate
enforcement action necessary to secure prompt compliance with the CWA and any Order issued
thereunder. Section 309 of the CWA provides a variety of possible enforcement actions,
including filing of a civil or criminal action, administrative penalty action, and/or pursuant to the
CWA,Section 508, 33 U.S.C. Section 1368, debarment from Federal contracts and/or loans
where a convicted offense under Section 1319(c) of the CWA occurred.
Please be advised that the issuance of this Order does not preclude civil or criminal actions
in the U.S. District Court pursuant to Sections 309(b) or (c) of the CWA, or assessment of civil
penalties pursuant to Sections 309(d) or (g) of the CWA for the violations cited herein.
Sincerely,
Diane L. Sipe
Director
Technical Enforcement Program
Office of Enforcement, Compliance
and Environmental Justice
Enclosure
ia'
Punted on Recycled Paper
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cc: Kathryn Schenk(U.S. Army Corps of Engineers - Omaha)
Lee Carlson(U.S. Fish and Wildlife- Golden)
David Holm(Colorado Department of Public Health and Environment)
Tim Carey (U.S. Army Corps of Engineers -Littleton)
Gary Tuttle(Tuttle Applegate)
/Shan L. Eastin (Weld County Planning Department)
Carl B. Mount (State of Colorado, Division of Minerals and Geology)
Tina Artemis (Regional Hearing Clerk)
9_#_.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
EPA , i;iici VIII
)
In The Matter of: ) FINDINGS OF VIOLATION
AND
Hall-Irwin Companies ) ADMINISTRATIVE ORDER
P.O. Box 519 ) FOR COMPLIANCE
Greeley, CO 80632 )
)
Peter Baurer )
Cindy Baurer )
754 Weld County Road 23% )
Brighton, CO 80601 )
)
Carl Eiberger )
754 Weld County Road 23%
Brighton, CO 80601 j
) DOCKET NO. CWA-8-99-23
)
RESPONDENTS. )
STATUTORY AUTHORITY
The following FINDINGS are made and ORDER issued pursuant to the authority vested
in the Administrator of the United States Environmental Protection Agency("EPA") by Sections
308 and 309 of the Clean Water Act (CWA or the "Act"), 33 U.S.C. Sections 1318 and 1319.
These authorities have been properly delegated to the undersigned. The Order is based on the
findings of violation of Section 301(a) of the Clean Water Mt (33 U.S.C. § 1311(a)), which,
among other things, prohibits the discharge of pollutants (i.e., dredged or fill material) into Waters
of the United States except as in compliance with a permit issued pursuant to Section 404 of the
CWA, 33 U.S.C. § 1344.
FINDINGS OF VIOLATION
1. Hall-Irwin Companies ("Hall-Irwin") is a construction company that conducts surface
extraction of construction materials (sand and gravel mining) on land in the Section 36, Township
3.
1N,Range 67W, in Weld County, near Brighton, Colorado and elsewhere in Colorado. Hall
Irwin Companies is located at 3026 4s'Ave., Greeley, Colorado and its business address is P.O.
Box 519, Greeley, Colorado, 80632.
2. Peter and Cindy Baurer and Carl Eiberger own the property, Section 36, Township 1N,
Range 67W, in Weld County, near Brighton, Colorado where the wetlands are located.
3. Hall-Irwin Companies, Peter and Cindy Baurer and Carl Eiberger or the ("Respondents")
are "persons" as defined in Section 502(5) CWA, 33 U.S.C. § 1362(5).
4. In approximately June of 1998, Respondent Hall-Irwin or its agents or contractors
discharged sidecast earthen material excavated from wetland areas and installed a bentonite slurry
wall in wetlands. These delineated wetland areas are adjacent to the South Platte River in Section
36, Township 1N,Range 67 W, Weld County.
5. The discharges described in Paragraph 3, above, were performed using common earth
moving equipment operated by Respondent Hall-Irwin or its agents or contractors. As stated by
Respondent Hall-Irwin in its response to EPA's information request under § 308 of the CWA, the
pieces of equipment used in the installation of the slurry wall were as follows:
a. Hitachi 750 Excavator leased and operated by the Respondent
b. Dresser Model 6200 Excavator owned and operated by the Respondent
c. Dresser TD-15 Dozer owned and operated by the Respondent
d. Dresser TD-25 Dozer owned and operated by the Respondent
6. The South Platte River, its adjacent wetlands, and its side channels or tributaries are each a
"navigable water" within the meaning of Section 502 of the Act. 33 U.S.C. § 1362.
7. The machinery and earthmoving equipment referenced in Paragraph 5, above, are each a
"point source" within the meaning of the definition set forth in Section 502(14) of the CWA,
33 U.S.C. § 1362(14).
8. The discharged materials referenced in Paragraph 4, above, are each a "pollutant" within
the meaning of the definition set forth in Section 502(6) of the CWA, 33 U.S.C.
§ 1362(6) and 40 C.F.R. § 230.2.
9. The discharge in the wetlands adjacent to the South Platte River described in Paragraph 4
above, constitutes a "discharge of pollutants" within the meaning of the definition set forth in
Section 502(12) of the CWA, 33 U.S.C. § 1362(12).
10. Respondents are therefore subject to the provisions of the Act, 33 U.S.C. § 1251 et seq.
including Sections 301(a), 308, 309(a), and 404 of the Act, 33 U.S.C. §§ 1311(a), 1318, 1319(a),
and 1344, respectively.
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11. EPA and the U.S. Army Corps of Engineers (the"Corps")have determined that the
discharges described in Paragraph 4, above,were carried out without the required authorization
from the Corps pursuant to Section 404 of the Act, 33 U.S.C. § 1344.
12. The wetlands, and South Platte River side channels and tributaries, filled and disturbed by
the activities described in Paragraph 4, above, are part of an aquatic and riparian system that
provided various functions and values, including: wildlife habitat for waterfowl, raptors, and other
birds; deer, and other mammals, and fish;water quality enhancement; food chain support; ground
water recharge and discharge; flood conveyance, storage or peak attenuation; and recreation and
aesthetics.
13. Each discharge of pollutants from a point source by Respondent Hall-Irwin between
approximately June of 1998 through the present into "navigable waters" without first obtaining the
requisite authorization pursuant to Section 404 of the Act, 33 U.S.C. § 1344, constitutes a
violation of Section 301(a) of the Act, 33 U.S.C. § 1311(a).
14. Each day the discharges remain in the wetlands described in Paragraph 4 above without the
required permit issued pursuant to Section 404 constitutes an additional day of violation of Section
301.
15. Although Respondent Hall-Irwin has removed illegally sidecast materials discharged in the
wetlands described in Paragraph 4 above, the extent and impacts of any remaining discharges of
pollutants, including but not limited to the slurry wall, remains unknown.
16. The environmental harm of the violations can be remedied through appropriate
investigations, proper planning and through commonly used construction, digging, revegetation
and best management practices to restore or mitigate the affected wetlands and protect water
quality and the environment.
17. Activities to be carried out under this Order are remedial, not punitive, and are necessary to
achieve the Clean Water Act's objective "to restore and maintain the chemical, physical, and
biological integrity of the Nation's waters." CWA Section 101(a), 33 U.S.C. § 1251 (a). The
removal, restoration, and stabilization described in Paragraph 15, above, is appropriate to alleviate
actual and potential harm to water quality and aquatic habitat caused by Respondent Hall-Irwin's
unauthorized activities.
18. These FINDINGS OF VIOLATION and the ORDER which follows have been made after
consultation and coordination with the United States Army, Corps of Engineers, Omaha District.
ORDER
Based upon the foregoing FINDINGS OF VIOLATION, and pursuant to Section 308 and
309(a), 33 U.S.C. §§ 1318 and 1319(a), it is hereby ordered:
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1. Respondents shall immediately terminate any and all discharges of dredged or fill material,
now and in the future, to waters of the United States, without prior authorization by the Corps
pursuant to a valid permit issued pursuant to Section 404 of the Clean Water Act.
2. Respondent Hall-Irwin shall:
A. Submit a plan("the Plan") for an independent analysis of the hydrology of the area and
the impact of the slurry wall on wetlands. The Plan shall be submitted within 30-days of the
effective date of this order and shall:
i. Be developed by a professional hydrologist and a wetlands ecologist whose
qualifications are acceptable to EPA for approval in advance. The professional
resumes of the Respondent Hall-Irwin's proposed consultants shall be submitted to
EPA within 7-days of the effective date of this order.
ii. Specify methodologies to investigate and document the amount and location of
all dredged or fill material that remains in wetlands due to construction of the slurry
wall.
iii. Specify methodologies to assess the short term and long term effects of the
entire slurry wall on the on-site (on the mine lease) and off-site wetlands including
the wetlands northeast of the mine site in the Bauer and Eiberger property. For the
purpose of this Plan"long term" shall mean at least 10 years after the discharge and
"short term" shall mean 1 to 3 years from the date of the discharge of fill material.
iv. Specify a schedule for the completion of the investigation and analysis that
encompass at least 6 months of hydrologic data, including the seasonal peak
hydrograph of the South Platte River at this location and provides for delivery of a
report ("Report") documenting the results of the investigations and analyses no
later than July 15, 2000.
v. The Report to be prepared pursuant to the Plan shall include proposals to remedy
any short-term or long-term; direct, indirect or temporal, impacts to wetlands
identified by the investigation and analysis. Proposals shall at a minimum address
the cost, feasibility, reliability and timing of each of the following:
a. on-site restoration
b. on-site mitigation
c. off-site mitigation
Proposals described in the Report shall also address items II through IX in the
"Habitat Mitigation and Monitoring Proposal Guidelines, San Francisco District
Corps of Engineers" (Appendix A) of this document. Where notification to the
Corps is referenced in these items of Appendix A, for the purposes of this
4
document, EPA shall be the contact instead.
B. Upon EPA's approval of the Plan for the analysis submitted pursuant to paragraph A
above, Respondent Hall-Irwin shall conduct the analysis consistent with the plan as approved,
conditionally approved or modified by EPA and deliver five copies of the Report of the analysis,
including raw data to EPA no later than July 15, 2000.
3. Completion of the above analysis and Report will not preclude EPA from ordering
additional activities or permit applications to be completed by the Respondents to mitigate impacts
to the wetlands that maybe identified by the analysis. Upon acceptance by EPA of a restoration or
mitigation proposal Respondent Hall-Irwin shall seek an after-the-fact permit from the Corps for
any fill material such as bentonite that will remain in the wetland areas as a result of the resolution
of this enforcement action.
4. Any deliverables, plans, reports, specifications, schedules and attachments required by this
Order are, upon approval by EPA, incorporated into this Order. Any non-compliance with such
EPA-approved deliverables, plans, reports, specifications, schedules, and attachments shall be
deemed a failure to comply with this Administrative Order and subject to EPA enforcement.
5. Respondents shall maintain records documenting their compliance with the Clean Water
Act for all future operations involving waters of the United States.
6. This Order is not a permit or an authorization to place or discharge dredged or fill material
in waters of the United States. Respondents shall consult with the U.S. Army Corps of Engineers,
Tri-Lakes Project Office, 9307 State Hwy 121,Littleton, Colorado 80126-6901 (303/979-4120)
to determine if any work to be performed pursuant to this Order requires a permit from the Corps
under Section 404 of the Clean Water Act. If necessary, such a permit shall be obtained prior to
implementing the work.
7. This Order shall in no way limit or otherwise affect EPA's authority to enter, conduct
inspections, have access to records, or monitor compliance pursuant to any statute, regulation,
permit, or court order. Owners shall ensure that Respondent Hall-Irwin is allowed access to the
property to carry out all the provisions of this Order.
8. Respondent Hall-Irwin shall submit all notifications and correspondence to:,
Barbara Conklin
Section 404 Enforcement Program
Office of Enforcement, Compliance and Environmental
Justice (8ENF-T)
U.S. Environmental Protection Agency
Region VIII
999 18th Street, Suite 500
Denver, Colorado 80202-2466
5
Telephone: (303) 312-6407
Facsimile: (303) 312-6409
9. This Administrative Order shall be effective upon receipt by Respondents. Within 5 days of
receiving this Order, Respondent Hall-Irwin shall inform EPA in writing of its intent to fully
comply with this Order. EPA suggests Respondents meet with EPA if there are concerns or
questions about the requirements of this Administrative Order.
Be advised that 33 U.S.C. §1319(d) authorizes civil penalties of up to $27,500 per day for
each violation of the Clean Water Act Section 301, 33 U.S.C. § 1311, and Section 1319(c)
authorizes fines and imprisonment for willful or negligent violations of the Act. Section 309(g), 33
U.S.C. § 1319(g) authorizes EPA to impose administrative penalties for violations of the Act.
Issuance of this Order shall not be deemed to be an election by the United States to forego any
civil or criminal action to seek penalties, fines, or other appropriate relief under the Clean Water
Act for the violations giving rise to the Order. Further, the Criminal Fine Enforcement Act of
1984 provides for fines in excess of the amounts specified in the statute under certain
circumstances.
Compliance with the terms and conditions of the Order shall not be construed to relieve
Respondent of its obligations to comply with any applicable federal, state or local law.
DATED this day of September,1999.
£LSipe
Director
Technical Enforcement Program
•
Office of Enforcement, Compliance
and Environmental Justice
chael T.Risn
Director
David J. Janik
Supervisory Enforcement Attorney
Legal Enforcement Program
Office of Enforcement, Compliance
and Environmental Justice
6
APPENDIX A
Habitat Mitigation and Monitoring Proposal Guidelines
7
.. Oro•
DEPARTMENT OF THE ARMY
6y ¢ SAM RA CO DIiTRICT. CORM O• [MOIM[[Ri
MI RAIN R
SAN FRANCISCO. CALIFORNIALIA SAM- INS
•
HABITAT MITIGATION AND MONITORING PROPOSAL
GUIDELINES
SAN FRANCISCO DISTRICT
CORPS OF ENGINEERS
EFFECTIVE 10/91
St
Seigl Of
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
17TH AVENU
E
N. AVENUE
GREELEY, COLORADO 80631
I
C.
COLORADO
October 28, 1999
Tuttle Applegate, Inc.
c/o Shani Eastin
11990 Grant St. Ste. 304
Denver, CO 80233
Subject: AmUSR-1172- Request for a Amendment to Site Specific Development Plan and Special Review Permit
to include the sale of landscape materials from a site permitted for a Sand and Gravel Mining Operation in
the Agricultural (A) zone district on a parcel of land described as SE4 of Section 36, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Eastin:
Your application and related materials for the request described above are being processed. I have scheduled a
meeting with the Weld County Planning Commission for December 21, 1999, at 1:30 p.m. This meeting will take place
in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that
you and/or a representative be in attendance to answer any questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Brighton Planning Commission for its review and comments. Please
call the City of Brighton at 303-654-1638 for further details regarding the date, time, and place of this meeting. It is
recommended that you and/or a representative be in attendance at the Brighton Planning Commission meeting to
answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing.
It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
/V4 EXHIBIT
Anne Best Johnson L
Long Range Planner
FIELD CHECK
FILING NUMBER: AmUSR-1172 DATE OF INSPECTION: i9itilic?9
APPLICANT'S NAME: Hall-Irwin Construction
PLANNER: Anne Best Johnson
REQUEST: Amendment to Site Specific Development Plan and Special Review Permit to include the sale of
landscape materials from a site permitted for a Sand and Gravel Mining Operation in the
Agricultural (A)zone district.
LEGAL DESCRIPTION: SE4 of Section 36, Township 1 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to WCR 2, approximately 1/8 mile east of WCR 23.5.
LAND USE:
N
E Ai
ZONING: N A (Agricultural)
E A (Agricultural)
S A(Agricultural)
W A (Agricultural)
COMMENTS:
Py
P.C. ber
EXHIBIT
27
FIELD CHECK inspection date: December 8, 1999
CASE NUMBER: AmUSR-1172
APPLICANT: Hall-Irwin/TuttleApplegate, Inc.
LOCATION: SE4 36-1-67 North of and adjacent to Weld County Road 2; approximately 1/8
mile east of Weld County Road 23-1/2.
Zonine Land Use
N A(Agricultural) N Ag
E A(Agricultural) E Ag, Residential that looks ag based (Accessory R)
S A(Agricultural) S Camas
W A(Agricultural) W Ag
COMMENTS:
Materials are on site. Loolzs as though operating in violation. This Amendment would clean up
violation.
Anne Best Johnson, Long Range Planner
EXHIBIT
I 20
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