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Home My WebLink About993145.tiff 99 MON 9:02 AM TRI*Lj"'� d *PROJECT PAZ NO, 30391 02 P. 2 DEPARTMENT OR THE ARMY � I1 OP NNOINCrRa,OMAHA DIJYRICT -e 11Tf TO YRr L*I La►NOrSCT OPVIC6,5307 stare HWY 131 uT7LRTON:COLORADO wttt•epvl H. • N - .*+semoN en July 9, 1999 Date 901-.► post-It°Fart Note 7671 '�i - .. Tot'., • Mr. Albert Challenger °aioe d, " . C. Box •446' — Phone# Evergreen;Colorado 80437.0448 Phone# ..b,,�1 O 6- S�`'•. ^" • Fax# t� • . 14C1 Fax# - _� }w Mr. Dick Coulson Coulson Excavation • 3609 North Ccunty.Road 13 Loveland, Colorado 80538' RE: • Albert Challenger Gravel Pit, Big Thompson River • Corps tile No. 199680636 • Dear Messieurs Challenger and Coulson: 1?Sfareace l5.ritade to your July 6, 1999 site meeting with Mr. Terry NlcKee of this office concerning restoration.requirements regarding the above reference project located in the • Southwest Y of Section 29, Township 5 North, Range 67, Weld County, Colorado. During you meeting with Mr. Terry McKee, it was determined that all required restoration measures have been completed. In that regard, all violations at this site have been resolved. No further action, or site visits are required by the Corps of Engineers. Your cooperation in this matter is greatly appreciated. • If there are any questions concerning this matter,please contact Mr.Terry McKee.at (303)979-4120,and reference Corps File No. 199680636. • • Sincerely, Tim 'I'. arey • O• perations ger jb ' • Copies Punished: Shan Bastin . Tuttlegate;Inc. • - 11990 Grant Street, Suite 304 • Denver,Colorado 80233 • • `2L0663 Q• From: Shani Eastin <shanieastin©tuttleapplegate.com> To: "ajohnson@co.weld.co.us'" <ajohnson@co.weld.co.us. . . Date: 7/7/99 11:42am Subject: Challenger Pit Hello Anne I wanted to follow-up with our Corp visit yesterday. The meeting went well and violation will be closed. I should be receiving a letter from Terry McKee with the Corp within the next few days. I will forward you a copy. Once again, thank you for your assistance. Shani cc: TA File #98-141 Q From: ANNE JOHNSON To: CENTDOMAIN.SMTP("shanieastin@tuttleapplegate.com") Date: 6/29/99 9:27am Subject: Challenger Pit USR -Reply Good Morning. You are correct. The following items need to be completed: 2.e. Show the location of the portable scale house on the plat. The plat is in my office on my window sill. If I am not here, ask the Planner On Call to find it there for you. 2.h. Resolution of the Army Corp Violation. Thanks. \\>\ i Ca From: Shani Eastin <shanieastin@tuttleapplegate.com> To: "ajohnson@co.weld.co.us" <ajohnson@co.weld.co.us. . . Date: 6/29/99 9:01am Subject: Challenger Pit USR Good morning Anne I just wanted to check in with you regarding Challenger Pit. I spoke with Dave Sprague yesterday morning and he informed me that a building permit was not required. I also spoke with Sheble in the Health Department regarding the portable toilets. I have attached her approval for your records. With this in mind, it appears that only two conditions remain uncompleted at this time: 2.e. Show the location of the portable scale house on the plat. 2.h. Resolution of the Army Corp Violation. I will be in to amend the plat to show the approximate location of the scale house. As I have stated before, we are scheduled to have the Corp visit the site on July 6, 1999, to inspect the property and close the violation. Please confirm that these are the last two remaining issues so that I can be sure to have the plat recorded upon your receipt of the above described items. I have appreciated your assistance with this permit. It will be nice to have it finalized. Talk to you soon Shani \\\\\N II From: DAVID SPRAGUE To: AJOHNSON Date: 6/28/99 11:43am Subject: Building permit for scale house, Dick Colson I talked to both Shani and Dick Colson this morning. According to both sources, the scale house is a six by eight foot building that only houses records that are filled out by the individual driver after the truck is weighed. The building is not occupied by a person. Normally what we find is a modular building that is blocked and tied down and supplied by electricity and sometimes heat. It is usually occupied by a full-time employee that keeps all the records. Sometimes this type of scale house also serves as a dispatch for the trucks. Such a building is blocked and tied down. Since this second scenario is not what is found at the site and there is no electricity, I think we can eliminate any permitting requirements. With this type of setup there really is nothing to inspect. I apologize for not having the full information before making an earlier decision. . CIIMO From: SHEBLE MCCONNELLOGUE To: AJOHNSON Date: 6/24/99 10:39am Subject: Challenger Pit The applicant has stated they are going to provide bathroom facilities for employees with port-a-potties at the scale house. These will not be at any location for more than six months at a time. They will move to various locations of the working face and portable processing equipment. Therefore, a septic permit is not required. Please call me if you have any questions. (970) 304-6415 (2223) Please note that Condition of Approval 2D has been met. CC: isshanieaston©tuttleapplegate.com OClad res DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C. WELD COUNTYADM5 INISTRATIVE COLORADO.17HVENUE GREEEY COLORADO June 16, 1999 Ms. Shani Eastin TuttleApplegate, Inc. 11990 Grant Street, Suite 304 • Denver, Colorado 80233 RE: USR-672, AmUSR-672, located in Part of the W2 of Section 29-5-67, of the 6th P.M., Weld County, Colorado. Dear Shani: This letter is in response to your letter dated June 15, 1999 which I received this morning. This letter is being sent to you in response to outstanding Conditions of Approval from the Weld Board of County Commissioners. 2.A. Any existing NPDES Permit shall be appropriately amended by the Water Quality Control Division of the Colorado Department of Health. Your letter of March 25, 1999 stated that this permit was enclosed in the.letter. However, this was not the case. You noted in your letter dated June 15, 1999 that this permit was not required, and therefore, the amendment is not applicable. 2.D. 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. The Department of Public Health and the Environment, in a memo to the Department of Planning Services dated April 5, 1999, requires the applicant to submit specifications as to the type and location of these items on the site. These conditions have not been met. Your letter dated June 15, 1999 stated that you will meet conditions of the Department of Public Health and the Environment. Please provide written verification to the Department of Planning Services that conditions for item 2D have been met at the satisfaction of the Department of Public Health and the Environment. [The letter is to:Shani Eastin, TuttleApplegate, Inc.] Co) Page 2 2.E. The applicant shall apply for the appropriate building permit for the office trailer to be located on the property. Additionally, the plat shall be amended to include the location of the office trailer. The plat map submitted by TuttleApplegate, Inc. On March 25, 1999 shall.be amended to show the location of the trailer on the site. This was a condition approved by the Board of County Commissioners, and therefore, must be addressed. The plat shall be removed from the Department of Planning Services and appropriately amended. The plat shall be submitted when all conditions of approval have been met. In addition, you were faxed a referral from Roger Vigil indicating requirements of the Department of Building Inspection on June 15, 1999. Please contact Roger Vigil to rectify this issue. 2.H. The applicant and/or owner shall resolve the violation with the Department of the Army, Corps of Engineers in accordance with Section 404 of the Clean Water Act. I will be looking forward to seeing written evidence from the Department of the Army, Corps of Engineers that the violation has been closed. 2.K. The operator shall submit evidence that he/she is insured to the extent of not less than $100,000.00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto, as pursuant to Section 44.4.10 of the Weld County Zoning Ordinance. Adequate evidence has been submitted to meet this requirement. 12. 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. A temporary electrical permit#EL9910028 was issued on March 5, 1999. This activity was required to stop on April 5, 1999. An inspection of the property was conducted by staff of Weld County Building Inspection on June 4, 1999. It is evident that activity is proceeding on the property without the correct zoning permits. Please note that should we not see evidence that the conditions of approval have been met and that the plat is ready to be recorded, by Monday, July 12, 1999, this case will be forwarded to a Probable Cause Hearing on USR-672. The activities occurring on the property have been taking place through USR-672 since approval by the Board of County Commissioners on May 15, 1995. This permit may be revoked at the Probable Cause and Show Cause Hearings. It is the opinion of the Department of Planning Services that recording the plat for AmUSR-672 is in the best interest of the mining operation and the surface owner. According to the case file, conditions described above, and the recommendation of approval by the Weld Board of County Commissioners, there are four items which are outstanding on this permit: 2D, 2E, 2H and Item 12. These four items are described above and shall be met prior recording the plat. [The letter is to:Shani Eastin, Tuttle legate, Inc.] Page 3 (irll It is our desire to assist all of our client's, and we understand the difficulties in meeting land use conditions; however, until conditions are met, those activities described in the Amended USR- 672 cannot lawfully take place. If you should have any questions or concerns on this matter, I may be reached at 970-353-6100, ext. 3540. Sincerely, Anne Best Johnson Long-Range Planner electronic copy: D. Sprague, M. Daniels-Mika, L. Morrison annelusr\am672rem2 p — Weld County Planning Dept: 1 JUN 61999' mttleApplegate,lnc. ' . ' Consultants fo(Land,Mineral and Water RECEIVE ®- Development - , June 15, 1999 Ann'Best Johnson - ' Weld County Planning Department ; 1555 North 17th Avenue - Greeley, CO 80634 RE: Challenger Pit Dear Ann: This letter is in response to your later'dated'June 8, 1999,to Al Challenger, and our phone conversation this morning regarding Amended USR-672. In your letter to Mr. Challenger, you discuss the conditions of approval that have not been meet according to your office. We discussed your letter this moaning on the phone. This letter is sent to you to confirm our phone conversation and the status of finalizing the permit; - Item 2.A. —A NPDES Permit is not required for this operation. In addition there is no existing NPDES Permit existing to amend. A NPDES Permit is required if discharging- ' directly into a waterway. This operation is discharging into on site ponds. This . •, information is different then what we discussed this morning on the phone. I apologize - for the confusion. o .Item 2.D. —The site/will utilize portable toilets on temporary locations depending on the mining location.• You indicated in your letter that you received a memo from the Health ;Department dated April 5, 1999. As we discussed on the phone, I have not been made aware of this memo until your letter of June 8, 1999. I appreciate you forwarding this , - memo to my office so that we may adequately address the.Health Departments concerns. . ' o Item 2.E. -As I indicated to you in my March letter to your office and on the phone this , - morning, the Building Inspection Department does not require a building permit for the • portable trailer. I have included a copy of the letter sent;to the Building Inspection , ' • ,Depai talent requesting a clarification to this issue in March. To date I have not received a.response. You indicated'that you would follow-up with-Dave Sprague in the Building" Inspection Department to resolve the issue; , " • . Item 2.H. - A'meeting with the Army Corp has been scheduled for July 6, 1999, to _ inspect the property for termination of the 404 Violation. "I indicated that Iwould send a '- - copy of the closed violation after this date. 11990 Grant Street, Suite 304 • Denver, Colorado 80233'• (303) 452-6611 • Fax (303) 452-2759" ' - Ann Johnson .. © ,. •" .. June/5, 1999 _ . Page - ' Item 2.K. The operator submitted a new Certificate of Liability Insurance to the Weld County Engineer. I have included a copy for your file. . Item'12—The Plat was submitted to your office in March and is ready for recording. I understand that the plat needs to be amended to show the trailer location,but the issue of ' . portable has not been resolved by your office and the Building Inspection Office.'As I . - - indicated to you on the phone this morning, I will be more than happy to show on the plat • ,the approximate location of the trailer, and that it is portable. , • It appears that the only outstanding issue to be addressed, to record the plat,is the issue 'with the Army Corp 404 violation. This issue will be resolved on July 6, 1999. - I appreciate your continued assistance in finalizing this permit. Sincerely, . TUTTLE APPLEGATE,INC. • Sha L.Eastin Planner • - CC: TA File 98-141' Dick Coulson . Al Challenger' enclosures taciS1(:\16 © MEMORANDUM W ' TO: Anne Best-Johnson, Long Range Planner DATE: March 25, 1999 O FROM: Donald Carroll, Engineering Administrator all- • SUBJECT: AmUSR-672; Challenger Gravel Pit COLORADO This is a follow up memo addressing Conditions of Approval 2.G prior to recording the plat. The applicant has submitted a copy of Permit No. COG 500 for Sand and Gravel Mining and Processing. This facility has been assigned a COG 500168 designation permit by obtaining this required state permit. Weld County Pubic Works feels that the storm water drainage requirements have been addressed. The State of Colorado requires an annual report on all-waters-discharging the site. • cc: AmUSR-672 . plan7 Weld County Planning Dept. MAR 26 1999 RECEIVED yfl \ MEMORANDUM. • 0 • TO: Anne Johnson DATE: March 24, 1999 COLORADO Weld County Planning Dept. FROM: Troy Swain 7A2'- SUBJECT: Coulson Excavating Company's Chalanger Pit - Amended USR-672 Please accept this MEMO= as Weld County Health Department's approval of.the Dust Abatement Plan (copy attached) dated March 17, 1999 for Coulson Excavating Company's Chalanger Pit Mining Operations submitted by Shani Eastin of Tuttle Applegate, Inc. If you have any questions regarding this matter, please feel free to call me at extension 2236. • • • cc: Sheble McConnellogue, Weld County Health Department Shani Eastin, Tuttle Applegate, Inc. • • • Weld County Planning Dept. MMQR 26 1999 RECEIVE[ • • • • . ® — ,�•'\ _ t‘ ). _ & S1N ThttleApplegate,lnc. %J Consultants for Land,Mineral and Water Development _ March 17, 1999 • Sheble McConnellogue Weld County Environmental Health 1517 16th Avenue Court Greeley, CO 80631 RE: Amended USR-672, Challenger Pit Dear Sheble: This letter is submitted to you in accordance to Condition of Approval 2.c.regarding a Dust Abatement Plan for the above described permit. The Dust Abatement Plan will be in accordance with the Colorado Department of Public Health and Environment, Air Pollution Control Division permit number 85WE074 as follows: • Particulate Emissions Control Plan: 1. Mining Activities—Visible emissions not to exceed 20%,no off-property • transport of visible emissions. 2. Haul Roads—No off-property transport of visible emissions shall apply to on-site haul roads,the nuisance guidelines shall apply to off-site haul roads. 3. Haul Trucks—No off-property transport of visible emissions except that when operating off the property of the owner or operator, the applicable guidelines shall • be no off-vehicle.transport of visible emissions. • • Control Measures: • 1. Adequate soil moisture must be maintained in.topsoil and.overburden to control • emissions,during removal. Watering shall be implemented if necessary. 2. Stockpiles shall be watered as needed to control fugitive particulate emissions. 3. Topsoil and overburden stockpiles shall be revegetated within one year. 4. All disturbed areas shall be watered as necessary to control fugitive particulate emissions. . 5. . Emissions from material handling(i.e. Removal, loading and hauling) shall be. controlled by watering at all times unless natural moisture is sufficient to control emissions. • 11990 Grant Street;Suite 304• Denver, Colorado 80233 • (303) 452-6611.• Fax (303) 452-2759 f ` QWeld County Environment Health March 17. 1999 Page 2 6. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 30 m.p.h. Speed limit signs shall be posted. 7. Unpaved haul roads shall be graveled and watered as often as needed to control fugitive particulate emissions. 8. Haul vehicle load size shall be restricted to the design capacity of the vehicle to prevent spillage. 9. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 10. Mud and dirt carryout onto paved surfaces must be prevented. Any mud and dirt carryout onto paved surfaces shall be cleaned up daily. Please notify me if you need additional information to approve this plan. If the information is suffice and you can approve the plan, could you please notify the Planning Department,Ann Johnson, Planner, as well as myself. Thank you for assistance Sheble. I will talk to you soon. Sincerely, • TUTTLE APPLEGATE, INC. 1 ._Q.tct • Shani L. Eastin Planner CC: TA File#98-141 ® o O• SEMMiline 7WttleApplegate,lnc. Consultants for Land,Mineral and Water Development March 17, 1999 • Roger Vigil .. Weld County Building Inspection Department , 1400 North 17th Avenue - Greeley, CO 80631 RE: Autended USR-672;Challenger Pit _ Dear Roger: • Yoh and I have been speaking about a portable trailer that is located on an:existing sand • • and gravel mining site along WCR 54 and WCR 15%:::The office:trailer is portable and is situated on skids.; The trailer is moved around the property in location to the mining area In November of 1998,we assisted the operator, Coulson Excavating,in amending the permit to decrease the mining area and change:from wet ironing to dry mining One of the Conditions 6EApproval, E.stated"that=the`applicant shall apply for the appropriate building permit for the.office trailer to be located ai the property. ' suet to clarify,the trailerhas been-on the property since the approval of the original permit in the late 80's You indicated that the trailer would.not requires building permit since it would operate ] ce a constiuction trailer. Could you please confirm this in writing so that I may'submit this information to the Planning Department to satisfy the Condition of Approval Thank you for your help Roger If you need additional information please call me at (303)452-6611. • Sincerely, • E APPLEQATE;INC. 4 S • L.Bastin Planner CC: TAFile#98-141 Ann Best Johnson,Long Range Planner,Weld County 1400 North 17'"Avenue Greeley,CO 80631 • 11990 Grant Street, Suite 304•Denver, Colorado 80233• (303)452-6611 • Fax (303) 452-2759 Hello