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Home My WebLink About982592.tiff J e MEMORANDUM ;i i 1 WI Iitik TO: Anne Best-Johnson. W. C. Planning DATE: September 14, 1998 r' O FROM: Sheble McConnellog e, W.C. Health Department • COLO ADO CASE NO.: AmUSR-672 NAME: Challenger, Al Environmental Protection Services has reviewed this proposal;the following conditions are recommended to be part orfany approval: 1) All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2) No permanent disposal of wastes shall be permitted at this site. 3) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4) fugitive dust shall be controlled on this site. 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) Any existing NPDES Permit shall be appropriately amended by the Water Quality Control Division Of the Colorado Department of Health. 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) Any existing emission permit shall be amended from the Air Pollution Control Division of the Colorado Department of Public Health for emissions from the mining operations. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. 9) The operator shall submit a dust abatement plan for approval to both the W. C. Planning Department and the W.C. Health Department. 10) The application materials indicate there is an office trailer proposed. The applicant's agent stated this trailer is temporary. Bathroom facilities shall be provided for employees. If applicable, a septic system and permit shall be required,or 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. 11)i Drinking water shall be supplied at the facility by delivered bottled water for employees. 12 The facility must comply with the rules and regulations of the Colorado Division of Minerals and (Geology. SM/466 EXHIBIT 982592 1 3 RECEIVED SEP 0 3 1998 WELD COUNTY flitf4D'i PUBLIC WORKS DEPT Weld uWeld County Referral O e�_ September 1, 1998 • _ COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Al Challenger Case Number AmUSR-672 Please Reply By September 22, 1998 Planner Anne Best Johnson Project Amendment to a Site Specific Development Plan and Use by Special Review Permit(USR-672)for a Sand and Gravel Mining Operation (reduction to the total acreage and changing from wet to dry mining) in the A(Agricultural) zone district. Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Weld County Road 54 and west of and adjacent to Weld County Road 15-1/2. Parcel Number 0957 29 000035 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 20, 1998 O 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. ASee attached letter. Comments: Signature i // anziAjo Date 7._/0-- Agency (i-<4 (Lin 'Weld County Planning Dept. '1400 N. 17th Ave.Greeley,CO. 80631 4(970)353-6100 ext 3540 4(970)352-631 soimerr I 98,25r? I . LH-) rat MEMORANDUM ITO: Anne Best Johnson, Long Range Planner DATE: September 15, 1998 CFROM: Donald Carroll, Engineering Administrator VA* • SUBJECT: AmUSR-672; Al Challenger ✓ COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: This is an existing sand and gravel operation located adjacent to WCR 54 and WCR 15.5. The applicant is proposing a reduction of total acreage of the mining operation at this location. Weld County does have a Road Improvements Agreement in place with the applicant for WCR 54. WCR 15.5 is not a portion of the designated route and will not be used for heavy hauling. WCR 54 is designated on the Transportation Plan Map as a Collector Status road requiring 80 feet of right-of-way at full build out. There is presently 60 feet. REQUIREMENTS: The applicant should reserve an additional 10 feet of right-of-way for future build out adjacent to WCR 54. All parking and vehicle storage shall be provided on the site and not permitted within any public right-of-way. The applicant needs to submit documentation on the operation of the storm water retention facility and reduction of total mining acreage. cc: AmUSR-672 plani3 Weld C',�l?n"-=r irl`.l�arrthf! Dept. SEP 1 7 iggg L tag f bp 9932592 a SEP IA f lit Weld County Re rral O September 1, 1998 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Al Challenger Case Number AmUSR-672 Please Reply By September 22, 1998 Planner Anne Best Johnson Project Amendment to a Site Specific Development Plan and Use by Special Review Permit(USR-672)for a Sand and Gravel Mining Operation (reduction to the total acreage and changing from wet to dry mining) in the A(Agricultural) zone district. Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Weld County Road 54 and west of and adjacent to Weld County Road 15-1/2. Parcel Number 0957 29 000035 ( e 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 20, 1998 ❑ 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 —1^ MC-0c Date Cep_ 4 I) ( n 8 � Agency t- S' O.4 Er-) G-•ONCE `` 4-Weld County Planning Dept. •}1400 N. 17th Ave.Greeley,CO.80631 :•(970)353-6100 ext.3540 :•(970)352-6312 fax 99?592 ANT of DEPARTMENT OF THE ARMY aE. CORPS OF ENGINEERS, OMAHA DISTRICT TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 v ml LITTLETON, COLORADO 80128-6901 REPLY TO p (�(�p ��jj Yt �) nun ATTENTION On September 11, 1998 \iV�li Cy*�IIY !( 2iann nn 1lyllt SEP 1 7 1998 Ms. Anne Best Johnson rcl s. Weld County Planning Department 41 , ';' ' ,:" ED 1400 North 17th Avenue Greeley, Colorado 80631 RE: Al Challenger Pit, Corps File #199680636 Dear Ms. Johnson: Reference is made to the above mentioned project located in the W1/2 of Section 29, Township 5 North, Range 67 West, Weld County, Colorado. This office is aware of this activity. Mr. Albert Challenger has been informed of the need for a Department of the Army permit for this project and is acting accordingly. If there are any questions concerning this matter, please contact Mr. Terry McKee at 303-979-4120 and reference Corps File #199680636. Sincerely, Tim y . Car Operations Manager tm Ty W f ; Deft of 1'w vnNi Ia=rm 1 f , Wt, ( Iran W rtfr-rAct IR° Ivrrz� tic-5 \,--5--x,u{ AIIolafion loll-/ i cq S??592 I 1 9/28/98 Mr. John Fusaro,NRCS, representing the Big Thompson Soil Conservation District contacted Anne Best Johnson regarding the Challenger Pit Amendment to USR 672. Mr. Fusaro stated in the telephone conversation that the Big Thompson Soil Conservation District had no comments on this referral request. MST 982592 l b 10/02/1998 14:21 1-970-587-0141 JOHNSTOWN POLICE PAGE 01 4 t. 6 4;oNs\ 4. Weld County Referral` iiiiip C September 1, 1998 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Al Challenger Case Number AmUSR-672 Please Reply By September 22, 1998 Planner Anne Best Johnson Project Amendment to a Site Specific Development Plan and Use by Special Review Permit(USR-672) fora Sand and Gravel Mining Operation (reduction to the total acreage and changing from wet to dry mining) in the A(Agricultural)zone district. Legal Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County,Colorado. Location South of and adjacent to Weld County Road 54 and west of and adjacent to Weld County Road 15-1/2. Pam&Number 0957 29 000035 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 20, 1998 ❑ Pit have re wed the request and find that It does/does not comply with our Comprehensive Plan ❑ W reviewed the request and find no conflicts with our interests. ee attached letter. Comments: � � Signature � ce:::;;, Cate q/2 9-er Agency LA)htr..fn 1 n-t {ser ttnn5 Stivir( Mivtd Lava Wu . AA - 99?592 10/02/98 13:29 TX/RX NO.2660 ,W h '-. 10/02/1998 14:21 1-970-587-0141 JOHNSTOWN POLICE PAGE 02 Town of /\___ Johnstown BOARD MEETS FIRST MONDAY IN MONTH P.O. BOX 609 JOHNSTOWN,CO 80534 Weld County Referral Case Number AmUSR-672 To Whom It May Concern: The Town of Johnstown has reviewed the Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Sand and Gravel Mining Operation and find no serious conflicts that would prohibit them from agreeing to the operation. The only concerns that were discussed were the commission would like to be supplied for reference only mining reclamation maps or plans and would like for the County to address the traffic impact and safety issues created by additional large truck traffic. Some concerns were also expressed with regard to visibility problems at some intersections. Thank you for your continued cooperation with the Town to keep us informed on issues that could impact our community. Sincerely, Diana Seele Town Clerk/Treasurer cc: Planning and Zoning Commission C) 992592 10/02/98 13:29 TX/RX NO.2660 P.002 25090 WCR 15 Johnstown, Co 80534 April 25, 1997 Army Corp of Engineers 9307 State Hwy 121 Littleton, Co 80123-6901 Attention: Tim Carey Dear Mr. Carey: This correspondence is in regards to the diversion problem created by Mr. Challenger, owner of Big Thompson River frontage property in Weld County. Earlier this year Mr. Challenger, who's property is north and adjacent to my property along the Big Thompson River, contracted with an excavation contractor to do extensive gravel mining of the existing river bed gravel from the Big Thompson river. It was his intention to mine the gravel and to sub-divide his tract of land to market five acre river front lots for re-sale. I certainly have no objections to his desire to market his property the best way he can. My problem is that in doing so he has had the contractor divert the flow of the Big Thompson river. This was done to make his property more marketable and to harvest the river bed gravel that became available by this effort. As you may be aware, the Big Thompson overflows it's banks periodically and adjacent farm lands become saturated with the over flow. Most notable flooding of the Big Thompson was in 1976. Many lives were lost in the Big Thompson narrows above Loveland, Co. The river flooded again in 1980 and wiped out the county road bridge on WCR 15.5. To this date this bridge has never been restored. More recently the Big Thompson flooded in May 25-30, 1995. With each flooding condition, adjacent crop lands become engulfed by the river. This results in a loss of the crop in these fields and a financial loss to the farmer. Mr. Challenger's diversion of the Big Thompson river bed, forces the river to take a more westerly path placing even more crop producing land in the wake of an over flowing river. It is my understanding that it is illegal to alter the course of river flow and to change river beds by mining the river bed gravel. This action affects up-stream and down- stream property owners and the county roads as well. The river is right next to WCR 15.5 and most certainly will be washed out by the next flood. 992592 .4 I have enclosed an aerial photo copy of the area. This photo was made last year (1996) by the US Farm Agency. This photo depicts the flow condition of the Big Thompson before diversion changes were made. The overlay tracing shows the present and altered condition that now exists. I do not have aerial photos of the present condition of the river, but I do have photos taken showing the activity in dirt moving as viewed from the ground level. If Challenger is allowed to profit from his effort on mining the gravel on his property and altering the course of the Big Thompson, a precedence will have been set. Other property owners along the river will opted to do likewise. This would indeed have a deleterious effect on others who have property along the Big Thompson. Please advise course of action. Sincerely Yours Jacob Kammerzell Enclosure: US Farm Survey Map of Area(1996)with Overlay. -2- 992592 Hello