HomeMy WebLinkAbout20251637.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, CFM Development Review
DATE: March 28, 2025
SUBJECT: USR25-0007 Marcovich Property Mine
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning and Zoning. Staff comments made during this phase of the application process
may not be all-inclusive, as other issues may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand &
Gravel Mining) in the A (Agricultural) Zone District.
This project is north of CR 8 and is east of and adjacent to SH 85.
Parcels: 147107000015.
Access onto CR 8.
ACCESS
Development Review has reviewed the application materials related to access.
The application materials propose that the main site entrance use the existing access point onto CR 8.
This portion of CR 8 is located within the jurisdiction of the Town of Fort Lupton. The applicant should
contact the Town of Fort Lupton concerning access permitting and requirements.
ROADS AND RIGHTS -OF -WAY AND BRIDGES
The property is bounded by State Highway 85. Contact the Colorado Department of Transportation (CDOT)
to determine what right-of-way shall be shown on the submitted plat. Reference the documents creating
the right-of-way. Please contact Tim Bilobran at the Greeley office, phone number: 970-350-2163.
This portion of County Road 8 is under the jurisdiction of the Town of Fort Lupton. The municipality has
jurisdiction over access to the road. Please contact the municipality to verify the right-of-way requirements,
access permit or for any additional requirements that may be needed to obtain or upgrade the permit.
TRAFFIC
A preliminary Traffic Impact Study has been submitted. This report has been forward to the Town of Fort
Lupton for comments.
A Final Traffic Impact Study, stamped and signed by a professional engineer licensed in the State of
Colorado is required.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of
runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at
the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site meets a drainage detention exception
in that all of the stormwater will be directed into the mine. Additionally, the stormwater has an unobstructed
path to the South Platte River
No other stormwater drainage information is needed at this time.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. A Construction Stormwater
Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of
Public Health and Environment, Water Quality Control Division, 303-692-3575.
If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures, parking
lots, laydown yards etc, a Weld County grading permit will be required prior to the start of construction.
Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early
Release Request Form may be entertained only after the applicant, Planning Department have reviewed
the referral and surrounding property owner comments. The Early Release Request may or may not be
granted depending on referral comments and surrounding property owner concerns. Contact an
Engineering representative from the Development Review for more information.
CONDITIONS OF APPROVAL
A. An acceptable Final Traffic Impact Study, signed and stamped by a professional engineer licensed in
the State of Colorado, is required. (Development Review)
B. The USR map shall be amended to delineate the following:
1. Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 85 on the map
along with the documents creating the right-of-way. (Development Review)
2. This portion of County Road 8 is under the jurisdiction of the Town of Fort Lupton. Please contact
the municipality to verify the right-of-way. Show and label the right-of-way. Show the internal
roads across the parcels to the south to reach the proposed access onto CR 8. Show the
approved access on the site plan and label with the approved access permit number if applicable.
(Development Review)
3. Show and label the drainage flow arrows. (Development Review)
PRIOR TO CONSTRUCTION:
Obtain a Weld County Grading Permit, if more than one (1) acre is to be disturbed for construction
outside of the gravel mining area. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
3. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst, Planning Services
From: Lauren Light, Environmental Health Services
Date: March 17, 2025
Re: USR25-0007 Applicant: Jerry and Adam Marcovich c/o Asphalt
Specialties Co., Inc
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special
Review for Open Mining and Processing of Minerals (Sand & Gravel Mining) in the A (Agricultural)
Zone District.
As open mining is considered a temporary use, portable toilets and bottled water are deemed
acceptable for sanitary purposes at the mining operation. The existing residence is provided with
water by an individual domestic well (124421) and an on -site wastewater treatment system (G-
19820027) sized for two bedrooms.
Noise levels are restricted to those allowed in the industrial zone, with measurements taken 25 feet
from the property line. The permissible industrial noise limit is 80 dBA during the day and 75 dBA at
night. The application included a pre -mining noise assessment from Cerjan Acoustics, which states
that the noise levels at the property boundary can meet these limits. The report concludes: "A total of
four noise assessments were conducted which included one for the overburden removal and mining
phases, one for the reclamation phase, one for the noise due to backup alarms, and one for the haul
route to the south. As previously shown, all are expected to be in compliance with the limits within
CRS §25-12" Adherence to the noise assessment is required as part of the development standards.
Dust control will be managed by utilizing water trucks, application of magnesium chloride, reducing
vehicle speeds and using conveyor belts to transport materials. An Air Emission Permit (APEN) from
the State will be obtained to cover dust control for mining operations, haul roads, and processing
equipment.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
Environmental Health Services recommends that the following requirements be incorporated into the
permit as development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) 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. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply
with the Colorado Air Quality Commission's air quality regulations. The facility shall be operated in
accordance with the accepted "dust abatement plan", at all times.
5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of
Public Health, and Environment, as applicable.
6. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted pre -
mining noise assessment.
7. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the
facility area in a manner that prevents nuisance conditions.
8. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers,
contain hand sanitizers, and be screened from existing adjacent residential properties and public
rights -of -way.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
9. Any On -Site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On -Site Wastewater Treatment Systems.
12.A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health
and Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable.
13.All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
14. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety.
15.The operation shall comply with the Mine Safety and Health Act (MSHA).
16. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
17. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County Referral Submit by Email
Y
February 27, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerry and Adam Marcovich Case Number: USR25-0007
c/o Asphalt Specialties Co., Inc.
Please Reply By: March 27, 2025 Planner: Diana Aungst
Project: A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand & Gravel
Mining) in the A (Agricultural) Zone District
Parcel Number: 147107000015-R6189186 Legal: PART OF THE S1/2 OF SECTION 7, Ti N, R66W of
the 6th P.M., Weld County, Colorado.
Location: West of and adjacent to HWY 85; approximately 0.25 miles north of CR 10 (section line).
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. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature �� Date
2/28/2025
Agency Oil & Gas Energy Dept.
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Planning Dept.
Reference Number: USR25-0007
Associated Parcel: 147107000015
OGED Reviewer: Tyler Seno
Review Date: 2/28/2025
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active 1041 WOGLA Permit on the associated parcels. There are several oil and
gas well sites on and in the area surrounding the parcel.
2. The parcel(s) includes 0 active oil and gas wells on the subject parcel.
3. The parcel includes one (1) plugged and abandoned (PA) well listed in Table 1 below.
Additional information regarding the plugged and abandoned wells is available from the
Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant
review this information and contact the responsible operator regarding well infrastructure
that may have been abandoned in place prior to conducting operations in proximity to the
wells.
API
Operator
Well Title
Well Status
05-123-19763
Crestone Peak Resources Operating LLC
Boulder Bank #23-7
PA
4. The subject lands may include additional oil and gas related infrastructure, such as off -
location flowlines or pipelines which are a use by right and not regulated by Weld County.
OGED requests that the applicant reviews flowline data available from the ECMC map viewer
and utilize Colorado 811 prior to any excavation activities.
5. Condition to Locate Subsurface Utilities. Mr. Cavanagh, the Director of the Oil and Gas Energy
Department indicates that, for safety concerns, all the subsurface utilities, including but not
limited to, all oil and gas pipelines, flowlines etc. should be located. The Condition asks for an
ALTA survey map to be provided to Weld County prior to construction, for review and
approval before construction proceeds.
These comments and recommendations are based upon the review of the application materials submitted
by the applicant and other relevant information available on the E -Permit site.
PROJECT:
MEMORANDUM
TO:
FROM:
SUBJECT:
Diana Aungst
Melissa J King, PE, CFM
USR25-0007 Marcovich Property Mine
DATE: March 28, 2025
A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand & Gravel Mining) in
the A (Agricultural) Zone District.
PARCELS:
147107000015.
FLOODPLAIN - SOUTH PLATTE RIVER:
The proposed mining and associated development, on the referenced parcel,
the 100 -year floodplain/floodway of the South Platte River, as depicted on
2104F, revised November 30, 2023.
The project site and adjacent area are mapped as FEMA Zone AE/Floodway.
and base flood cross sections determined.
PRIOR TO DEVELOPMENT (CONSTRUCTION AND/OR OPERATION):
A floodplain hazard development permit is required for this project.
DELINEATE ON THE SPR MAP:
is to be located on and/or in
FEMA Firm Panel 08123C -
This area has been studied
Show the floodplain boundaries on the map. Label the floodplain boundaries with the FEMA Flood
Zone and FEMA Map Panel Number. (Development Review - Floodplain)
DEVELOPMENT STANDARDS:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain/floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -2104F, revised November 30, 2023, (South Platte River
Floodplain/Floodway). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and materials. (Development
Review - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Development Review - Floodplain)
3. The Property Owner shall comply with all requirements provided in the issued Flood Hazard
Development Permit. (Development Review — Floodplain)
Weld County Referral Submit by Email
Y
February 27, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerry and Adam Marcovich Case Number: USR25-0007
c/o Asphalt Specialties Co., Inc.
Please Reply By: March 27, 2025 Planner: Diana Aungst
Project: A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand & Gravel
Mining) in the A (Agricultural) Zone District
Parcel Number: 147107000015-R6189186 Legal: PART OF THE S1/2 OF SECTION 7, Ti N, R66W of
the 6th P.M., Weld County, Colorado.
Location: West of and adjacent to HWY 85; approximately 0.25 miles north of CR 10 (section line).
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. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Beyza Kirmizi Date 3/27/2025
Agency City of Fort Lupton
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
RiOCOLORADO
Date
Weld County, Planning Department
1402 N 17th Ave
Greely, CO 80631
Planning & Building Department
1200 Dexter St W13 Phone: 303.857.6694
Fort Lupton, CO 80621 Fax: 303.857.0351
www.fo rtl u pto nco.g ov
Re: Referral Response — USR25-0007
Dear Diana,
We have the following comments regarding the application:
The Planning Department requests that the property owner and applicant start working with the City of
Fort Lupton on a pre -annexation agreement and future trail corridor.
Public Works requires an updated improvements agreement.
Sincerely,
.6 ef,va /(//147/.
Beyza Kirmizi
Planning Administrative Assistant
City of Fort Lupton
COLORADO
Parks and Wildlife
Department of Natural Resources
Northeast Regional Office
6060 Broadway
Denver, Co 80216
P 303.291.7227
July 30, 2024
Nikie Gagnon
Environmental Protection Specialist
Colorado Division of Reclamation, Mining Et Safety
1313 Sherman Street, Room 215,
Denver, CO 80203
303-866-3567 x 8126
nikie.gagnon®state.co.us
RE: CPW's Comments on the Marcovich Mining Resource, File No. M-2024-034
Dear Nikie,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the
proposed Marcovich Mining project. It is our understanding that the project includes sand and
gravel extraction on 44.3 acres to be used for construction materials. Access to the mine will
be through a new road constructed between the current site and Chavers Mining Resource (M-
2015-030). No blasting will occur at the Marcovich Mining Resource. If refuse, acid, or toxic
materials are unexpectedly encountered, these materials will be removed from the site and
disposed of appropriately. The entire operation is planned to take place over 7 years, at
which point it will be reclaimed and revegetated.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality
state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species
in Colorado, and to promote a variety of recreational opportunities throughout Colorado. One
way we achieve this goal is by responding to referral comment requests, as is the case for this
project.
After review of this project and location, CPW has the following recommendations:
RECOMMENDATIONS:
Construction Timing
Jeff Davis, Director, Colorado Parks and Wildlife
Parks and Wildlife Commission: Dallas May, Chair fl Richard Reading; Vice -Chair n Karen Bailey, Secretary a Jessica Beaulieu
Marie Haskett a Jack Murphy Gabriel Otero Duke Phillips, IV - Gary T, Skiba e James Jay Tutchton n Eden \ ardy
Marcovich Mining — CPW Comments (7/30/2024) Page 2 of 3
if prairie dogs are present or become present within any of the project boundaries and initial
construction occurs from March 15 to October 31, then please complete a Burrowing Owl
survey per CPW recommendations.
CPW recommends conducting raptor surveys prior to construction. If initial construction is
slated for the spring and summer, please incorporate active raptor nest buffers and avoidance
periods. All migratory birds are protected under the Migratory Bird Treaty Act, and removal or
disturbance of any migratory bird nest would require consultation with CPW and US Fish and
Wildlife Service (USFWS) prior to disturbance.
Mule Deer Severe Winter Range, Mule Deer Winter Concentration Areas and Mule Deer
Migration Corridor are all mapped HPHs within the project boundaries, Because of this. CPW
recommends that construction not occur in winter and spring and that no human activities be
authorized from December 1 to April 30 during the construction phase. CPW also recommends
avoiding the riparian corridor to the maximum extent possible to keep the migration corridor
along the river as open as possible
Fencing
CPW is concerned for the safety of Mule deer and White-tailed deer in the area for the
proposed project. CPW recommends that if fencing (project perimeter or internal) is erected,
either during or after the project, it should be the type that would allow the free passage of
wildlife. Fencing plans should avoid the use of woven wire -type fences that will trap or
prevent the movement of wildlife. CPW recommends using three or four -strand smooth -wire
fencing with a bottom strand height of 17 inches above ground level and a maximum top
strand height of 42 inches above ground level, along with the installation of double stays
between posts.
CPW's "Fencing with Wildlife in Mind" brochure.
Noxious Weeds and Native Re -seeding
Also of importance to CPW is the revegetation of disturbed soils and the control of noxious
weed species through the development of a noxious weed management plan prior to initiating
construction activities. The revegetation of disturbed areas and control of invasive weed
species are important components of the project and it is critically important that the site be
restored back to the native plant community that currently exists on site. CPW prefers that
native vegetation be retained on -site during the operational lifespan of the project, both as
potential habitat for wildlife and to ensure successful reclamation of the project area, as
noxious weeds could spread to adjacent habitats outside the project area.
Tree Replacement
it does not appear there is any specific information within the application plans of direct
impacts to trees and shrubs from construction activities. If tree and/or shrub removal will
occur, CPW recommends trees and shrubs be replaced at a 3:1 ratio. if onsite mitigation of
Marcovich Mining - CPW Comments (7130/2024) Page 3 of 3
trees and shrubs cannot be achieved onsite, CPW would like to coordinate off -site mitigation
for those losses.
Wildlife Escape Ramps
During open pit or open trench mining operations, CPW recommends backfilling escape ramps
in areas where steep slopes occur. Escape ramps will allow wildlife to safely exit an open pit
or trench if they become entrapped.
Retention ponds
Ponds created by reclamation efforts could potentially have significant value to wildlife. To
maximize this benefit, CPW recommends that ponds be designed to include irregular
shorelines and one or more islands to provide cover, shelter, and nesting areas for migratory
birds. Islands should be at least 15' x 25' in size for every two surface acres of water in the
pond. Shoreline and island slopes should be graded to a ratio of 4 horizontal feet to every 1
vertical foot of distance, with some areas having slopes no steeper than 8 horizontal feet to
every 1 vertical foot of distance. Such shallow areas will allow for the establishment of a
variety of aquatic vegetation and invertebrate prey for waterfowl and shorebirds. Shorelines
should be re -vegetated with native aquatic vegetation.
Aquatic Species
There are sensitive aquatic native species (fish and amphibians) located within the South
Platte River. CPW recommends no surface occupancy and no ground disturbance (year-round)
within 500 feet of the ordinary high water mark of the South Platte River and to implement
appropriate stormwater BMPs.
Mule Deer HPHs
Mule Deer Severe Winter Ranges are defined as that part of the overall winter range where
90% of the individuals are located when the annual snowpack is at its maximum and/or
temperatures are at a minimum in the two worst winters out of ten. Therefore, CPW
recommends no initial ground disturbance in these polygons from December 1 to April 30.
CPW also recommends avoiding the riparian corridor to the maximum extent possible to keep
the migration corridor along the river as open as possible.
If the timing or scope of this project changes and/or if you have any questions, please
contact Lexi Hamous at 303-916-2987 or lexi.hamous-miller®state.co.us,
Sincerely,
Chris Mettenbrink
Area 2 Assistant Area Wildlife Manager
Cc: Mark Leslie, Jason Duetsch, Erin Priest, Lexi Hamous, and file.
Aso
March 21, 2025
COLORADO
Division of Water Resources
Department of Natural Resources
Diana Aungst
Weld County Planning Department
Transmission via email: daungst@weld.gov
Re: Case Number: USR25-0007, Jerry and Adam Marcovich, c/o Asphalt
Specialties - Marcovich Gravel Pit
A Use by Special Review Permit for Open Mining and Processing of Minerals
(Sand Ft Gravel) in the A (Agricultural) Zone District
Part of the S 1/2 of Section 7, Twp. 1N, Rng. 66W, 6th P.M.
Water Division 1, Water District 2
Dear Diana Aungst,
We have received your February 27, 2025 submittal concerning the proposed Use by
Special Review Permit for Open Mining and Processing of Minerals (Sand Et Gravel) in
the A (Agricultural) Zone District on a parcel located in the S 1/2 of Section 7, Twp. 1N,
Rng. 66W, 6th P.M. The mine site is known as the "Marcovich Gravel Pit" and is
permitted by the Division of Reclamation Mining and Safety (DRMS) under permit no.
M-2024-034.
This referral does not appear to qualify as a "subdivision" as defined in section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and
March 11, 2011 memorandums to county planning directors, this office will only
perform a cursory review of the referral information and provide informal comments.
The comments do not address the adequacy of the water supply plan for this project
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared Polis, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director
USR25-0007, Weld County Page 2 of 4
March 21, 2025
or the ability of the water supply plan to satisfy any County regulations or
requirements. In addition, the comments provided herein cannot be used to
guarantee a viable water supply plan or infrastructure, the issuance of a well permit,
or physical availability of water.
The proposed drinking water source for the project is bottled water. The application
documents indicate that there is no source of potable water available on the parcel.
During operations, groundwater will be consumed by dewatering, dust control, water
removed in the mined product, and evaporation incidental to such uses.
The mining plan included with the application calls for the excavation to remove
approximately 700,000 tons of sand and gravel per year for an estimated 7.3 years.
Sand and gravel deposits average 20-23 feet in thickness, and will be mined
progressively from North to South inside the South Platte River alluvium. Mining and
reclamation at the site will occur simultaneously to minimize overall disturbance.
Prior to mining, a slurry wall will be installed around the perimeter of the pit to
prevent groundwater flow into the mining area. The pit will be dewatered in
accordance with a CDPHE discharge permit. Existing stock watering ponds on the
parcel will be removed before mining operations begin. Once mining operations have
concluded, the slurry wall will remain after reclamation and used for water storage
purposes.
As required by section 37-90-137(11), C.R.S., gravel pits that exposed groundwater to
the atmosphere after December 31, 1980 need to replace all out -of -priority
depletions of groundwater. Therefore, the applicant will need to obtain a well permit
for the gravel pit prior to the exposure of groundwater in the pit. However, prior to
obtaining a well permit, an approved substitute water supply plan or decreed plan for
augmentation is required. Our office has not yet received a well permit application or
associated substitute water supply plan for this project. Prior to approving a well
permit, the applicant must conduct a field inspection of the site and document the
USR25-0007, Weld County Page 3 of 4
March 21, 2025
locations of all wells within 600 feet of the permit area. The applicant must then
obtain a waiver of objection from all well owners with wells within 600 feet of the
permit area or request a hearing before the State Engineer. Based on the application
documents, production wells within 600 feet of the permit area have been identified
by the Applicant.
The majority of the site is proposed to be reclaimed for water resources storage of
decreed water rights. In order for the proposed reservoir to be approved for water
storage the operator must perform a liner leak test in accordance with the August
1999 State Engineer Guidelines for Lining Criteria for Gravel Pits.
In addition, if stormwater runoff is intercepted by this operation and is not diverted
or captured in priority, it must be released to the stream system within 72 hours. This
may require a discharge permit from Colorado Department of Public Health and
Environment (CDPHE). Otherwise, the operator will need to make replacements for
evaporation. The application materials indicate that the Applicant will obtain a
discharge permit form CDPHE for comingled process water and stormwater discharge
prior to operating at the site.
Lastly, a review of our records indicate that well permit no. 124421 is located on the
subject property. Well permit no. 124421 was issued on March 17, 1982 pursuant to
CRS 1973, 37-92-602 (3)(b)(II) as the only well on a tract of land of 35 acres or more
designated as 55 acres in a portion of the 5'h of Section 7, Twp. 1N, Rng. 66W, 6th
P.M. for domestic purposes. As currently permitted, well no. 124421 cannot be
used to serve the proposed gravel mining operation.
USR25-0007, Weld County Page 4 of 4
March 21, 2025
Please contact Mike Matz at 303-866-3581 x8241 or at michael.matz@state.co.us with
any questions.
Sincerely,
loana Comaniciu, P.E.
Water Resources Engineer
Ec: Referral no. 32773
Well permit no. 124421
Diana Aungst
From:
Sent:
To:
Cc:
Subject:
Valdes - CDOT, Rose <rose.valdes@state.co.us>
Wednesday, April 16, 2025 12:59 PM
Diana Aungst
Angela Snyder; Timothy Bilobran - CDOT
Re: Referral Agency Email (USR25-0007 Marcovich)
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good Afternoon Diana,
Thank you for sending this referral to CDOT. Please see CDOT comments below.
Notice of Intent to Annex into Fort Lupton. State Highway Access Code is State Law. CDOT
requirements will apply whether development jurisdiction is Weld County or Fort Lupton.
Weld County. How many acres does this parcel comprise? The traffic projections seem low. I would like
to compare the operation size to other mining studies to ensure the traffic being reported is somewhat
consistent with the size of the operation.
Permit. A CDOT access permit will be required.
Permit Application(s) should be submitted prior to Town/City/County approvals
• The permit application is available
online. https://socgov.my.site.com/accesspermits/s/login/
• On the application "Permittee" is the property owner. If the property owner is a legal entity,
CDOT will require proof of legal signatory.
• The permit will require a copy of the property deed(s)
• It may take 2 -weeks for CDOT to process the application
• The permit will be sent by CDOT to the Permittee for signature via DocuSign.
• The DocuSign email will also provide a PayPal link for convenient payment of the
associated fee.
Traffic Impact Study (TIS). Dated June 2015. CDOT requires an updated TIS
• LOS:Update. "Level of Service (LOS "D" or better) during both the morning and evening peak -hours
through the Year 2024"
• "There are no mitigation measures that could be implemented to eliminate the poor level of
service"
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• Please refer to the State Highway Access Code for Traffic Impact Study requirements.
• CDOT requires highway access directional distribution and turning movement counts
Traffic Counts. Dated 2015. CDOT requires updated traffic counts.
Auxiliary Lane Requirements. These are 100% developer cost and implementation requirements. This
is simply to note the reported lane deficiencies with this study. Aux lane requirements must be
reevaluated with a revised study.
• TIS: northbound left -turn deceleration lane (897.2 feet)
• TIS: eastbound right -turn acceleration lane (1, 171.5 feet)
%Traffic Increase at Each Highway Access Point (Approach only)
Please provide the % traffic increase site generated traffic adds to the existing background traffic. From
the site to each highway access point. The approach only. For each of the following.
(a) AM Peak
(b) PM Peak
(c) Daily
• If any rise to the level of 20%, a fee -based CDOT highway access permit will be required.
• If the percentages fall below 20%, a CDOT no -fee baseline permit will be required.
• The purpose of both permits is to memorialize the traffic reported traffic volumes.
Note: Please provide the numbers as well as the percentages.
Kind Regards,
Rose Valdes
Assistant Access Manager
je9
COLORADO
Department of Transportation
10601 West 10th Street, Greeley, CO 80634
Rose.Valdes@state.co.us I http://codot.gov/
Office Phone (970) 939-2440
www.cotrip.or
My working hours are Monday through Thursday 7am to 4:30pm and 7am to 11am on Fridays.
On Tue, Apr 8, 2025 at 10:47 AM Diana Aungst <daungst@weld.gov>wrote:
Hi Rose:
Please let me know if CDOT has any comments on this USR.
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Thanks,
COUNTY, CO
Diana Aungst, AICP I CFM
Principal Planner
Department of Planning Services
Desk: 970-400-3524
P.O. Box 758, 1402 N. 17th Avenue, Greeley, CO 80632
0x 00
Join Our Team
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From: noreply@weld.gov <noreply@weld.gov>
Sent: Thursday, February 27, 2025 10:36 AM
To: Diana Aungst <daungst@weld.gov>
Subject: Referral Agency Email
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
The Weld County Planning Department has received a Planning Use By Special Review application, case
# USR25-0007, in which your agency may have an interest. Planning staff requests you review the
application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral
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Form attached in the online permitting center. To view application materials, visit https://aca-
prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning
> online e -permitting. Then,
* Click on "Planning" tab on the menu bar
* Under General Search, type case# USR25-0007, into the Record Number box and search
* Click on the "Record Info" arrow drop -down menu
* Click on "Attachments" to review the application materials
If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100
Thank you,
Diana Aungst
1402 North 17th Ave
Greeley, CO 80631
970-400-6100
daungst@weld.gov
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Hello