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Home My WebLink About20250785.tiffMEMORANDUM TO: Maxwell Nader, Planning Services FROM: Melissa J King, PE, CFM Development Review DATE: December 4, 2024 SUBJECT: USR24-0026 Caw Equities LLC REVISED 3/25/2025 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 Site -Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Aggregate Mining and Batch Plant) in the A (Agricultural) Zone District. This project is north of and adjacent to CR 42 and is east of and adjacent to SH 60. Parcels: 10570000019 Lot B RE -3000, 105720000014, 105720000015, 105720000020, 105720300022, 105720300021. (Parcel Number Corrected) Access onto SH 60, a -Rd CR 44, CR 42. and CR 29. ACCESS Development Review has reviewed the application materials related to access. The application materials propose that the main site entrance use the existing residential access point onto SH 60. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed. (State Highway 60). Please include all three representatives in your request. CDOT Contacts: Mr. Tim Bilobran - timothy.bilobran(a�state.co.us Ms. Allyson Young - allyson.younq@state.co.us Mr. Mike Shepherd — mike.shepherd@state.co.us Ms. Rose Valdes — rose.valdes@state.co.us Parcel 105720000015 has one permitted access point onto CR 44 (AP22-0013 — Industrial). The application materials state that "This access will be used for initial site start up and maintenance at the site, but will not be the main commercial access." This access shall be upgraded, as needed, to meet all Code requirements. Parcel 105720300022 has three unpermitted existing accesses onto CR 42: • --85 feet east of the intersection of CR 42 and SH 60. It appears to be associated with an oil and gas facility. • --2,200 feet east of the intersection of CR 42 and SH 60. It appears to be associated with the Western Mutual Ditch. • 2,640 feet east of the intersection of CR 42 and SH 60. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. Parcel 10570000019 has two unpermitted existing accesses — one onto CR 42 and one onto CR 29 ® —2,650 feet east of the intersection of CR 42 and SH 60 ® —1,865 feet north of the intersection of CR 29 and CR 42 It appears to be associated with the Western Mutual Ditch The draft USR map included in the application does not include these accesses, and they were not mentioned in the application Therefore, they may be required to closed and reclaimed Parcel 105720000020 has two unpermitted existing accesses onto CR 29 © —1,965 feet north of the intersection of CR 29 and CR 42 It appears to be associated with the Western Mutual Ditch ® —2,465 feet north of the intersection of CR 29 and CR 42 It appears to be associated with an irrigation pond The draft USR map included in the application does not include these accesses, and they were not mentioned in the application Therefore, they may be required to be closed and reclaimed Parcel 105720000014 has many unpermitted, extended access areas onto CR 29 and CR 44 The draft USR map included in the application does not include these accesses, and they were not mentioned in the application Therefore, they may be required to be closed and reclaimed All existing unpermitted access points will be reviewed during the USR map review ROADS AND RIGHTS -OF -WAY AND BRIDGES The property is bounded by State Highway 60 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 The project area is bounded on the north by CR 44 CR 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an artenal road, which requires 140 feet of right-of-way The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road If the nght-of-way cannot be verified it shall be dedicated Pursuant to the definition of setback in the Weld County Code, Sec 23-1-90, the required setback is measured from the future nght-of-way line Be aware that physical roadways may not be centered in the right-of-way This road is maintained by Weld County The project is bounded on the east by CR 29 County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of nght-of-way The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road If the right-of-way cannot be verified it shall be dedicated Pursuant to the definition of setback in the Weld County Code, Sec 23-1- 90, the required setback is measured from the future right-of-way line Be aware that physical roadways may not be centered in the right-of-way This road is maintained by Weld County The project is bounded on the south by CR 42 County Road 42 is a=paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way The applicant shall delineate and label on the site map or plat the future and existing nght-of-way (along with the documents creating the existing right-of-way) and the physical location of the road If the right-of-way cannot be verified it shall be dedicated Pursuant to the definition of setback in the Weld County Code, Sec 23-1-90, the required setback is measured from the future nght-of-way line Be aware that physical roadways may not be centered in the nght-of-way This road is maintained by Weld County TRAFFIC A preliminary Traffic Impact Study, dated February 14, 2025, has been submitted A Final Traffic Impact Study, stamped and signed by a professional engineer licensed in the State of Colorado is required TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt. IMPROVEMENTS AGREEMENT FOR UP -FRONT IMPROVEMENTS Development Review is requesting an Improvements and Road Maintenance Agreement #ec up front With Triggered Off -site Improvements. The triggered off -site improvements will be at the main site access onto SH-60 and at the initial/maintenance site access onto CR 44 and at all the other access points onto CR 44. CR 42, and CR 29 that will be permitted in association with this project. Also, the Agreement will have triggered improvements on the proposed haul routes that will be on Weld County roads. Road maintenance includes, but is not limited to dust control and damage repair to specified haul routes. Additional Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public/020Works/DevelopmentR eview/USR-SPR-Permits°/020Improvements°/020Agreement°/020Template.pdf. It will detail the approved haul routes and outline the required up -front off -site improvements. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -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, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. An accepted Final Drainage Report and Certificate of Compliance, signed and stamped by a professional engineer licensed in the State of Colorado is required. has been accepted. 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) C An Improvements' and Road Maintenance Agreement is required for triggered up-f-Faat off -site - improvements at the each of the site access points, to include and -at the initial/maintenance site access onto CR 44 Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes impfevements (Development Review) D The USR map shall be amended to delineate the following Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 60 on the map along with the documents creating the right-of-way (Development Review) 2 County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as a arterial road which requires 140 feet of nght-of-way at full buddout The applicant shall delineate,and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 3 County Road 42 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate and label on the site map or plat the future and 'existing tight -of -way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 4 County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buddout The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing nght-of-way) and the physical location of the road All setbacks shall be measured from the edge of nght-of-way This road is maintained by Weld County (Development Review) - 5 Show and label the proposed initial/maintenance access location onto CR44, along with all other existing access locations onto CR 29, CR 42, and CR 44 Include the approved access width and the appropnate turning radii on the site plan As appropnate, label accesses as "Close and Reclaim " Access specifics will be reviewed during the review of the USR map (Development Review) 6 Show and label the approved tracking control on the site plan (Development Review) 7 Show and label the entrance gate(s) if applicable An_access approach that is gated shall be designed so that the longest vehicle (including traders) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate W -the edge of the traveled surface`tie less than 35 feet (Development Review) volumc (De4clepmcn4 Rey4 4 _ 9 Show and label the drainage flow arrows (Development Review) 10 Show and label the approved main site access location onto SH 60 Include the access permit number (Development Review) PRIOR TO CONSTRUCTION A 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) B Obtain all required access permits from Weld County and CDOT (Development Review) , C Construct the approved tracking control (Development Review) a IALlTA ARE- ATIAIJ to enero4ien (DeyeleFi en4 Rev ew- DEVELO MENT 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, Articled and II, of the Weld County Code (Development Review) 2 The accesses to the site shall be maintained,to mitigate any impacts to the public -road, including damages and/or off -site tracking (Development -Review) 3 There shall be naparking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 4 Any work that may occupy and or encroach upon any County nghts-of_--way or easement shall acquire .an approved Right -of -Way Use Permit pnor to commencement (Development Review) 5 The Property Owner shall comply with all requirements provided in the executed Improvements Agreement (Development Review) -6 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Development Review) 8 The historical flow,patterns and runoff amounts on the site will be maintained (Development Review) MEMORANDUM TO: Maxwell Nader, Planning Services FROM: Melissa J King, PE, CFM Development Review DATE: December 4, 2024 SUBJECT: USR24-0026 Caw Equities LLC 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 Site -Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Aggregate Mining and Batch Plant) in the A (Agricultural) Zone District. This project is north of and adjacent to CR 42 and is east of and adjacent to SH 60. Parcels: 10572000019 Lot B RE -3000, 10572000014, 10572000015, 10572000020, 105720300022. Access onto SH 60 and CR 44. ACCESS Development Review has reviewed the application materials related to access. The application materials propose that the main site entrance use the existing residential access point onto SH 60. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed. (State Highway 60). Please include all three representatives in your request. CDOT Contacts: Mr. Tim Bilobran - timothy.bilobran@state.co.us Ms. Allyson Young - allyson.younq@state.co.us Mr. Mike Shepherd — mike.shepherd@state.co.us Ms. Rose Valdes — rose.valdes@state.co.us Parcel 105720000015 has one permitted access point onto CR 44 (AP22-0013 — Industrial). The application materials state that "This access will be used for initial site start up and maintenance at the site, but will not be the main commercial access." This access shall be upgraded, as needed, to meet all Code requirements. Parcel 105720300022 has three unpermitted existing accesses onto CR 42: • —85 feet east of the intersection of CR 42 and SH 60. It appears to be associated with an oil and gas facility. • —2,200 feet east of the intersection of CR 42 and SH 60. It appears to be associated with the Western Mutual Ditch. • —2,640 feet east of the intersection of CR 42 and SH 60. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. Parcel 105720000019 has two unpermitted existing accesses — one onto CR 42 and one onto CR 29: • -2,650 feet east of the intersection of CR 42 and SH 60. • —1,865 feet north of the intersection of CR 29 and CR 42. It appears to be associated with the Western Mutual Ditch. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to closed and reclaimed. Parcel 105720000020 has two unpermitted existing accesses onto CR 29: • —1,965 feet north of the intersection of CR 29 and CR 42. It appears to be associated with the Western Mutual Ditch. • —2,465 feet north of the intersection of CR 29 and CR 42. It appears to be associated with an irrigation pond. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. Parcel 105720000014 has many unpermitted, extended access areas onto CR 29 and CR 44. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. ROADS AND RIGHTS -OF -WAY AND BRIDGES The property is bounded by State Highway 60. 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. The project area is bounded on the north by CR 44. CR 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The project is bounded on the east by CR 29. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The project is bounded on the south by CR 42. County Road 42 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. TRAFFIC A preliminary Traffic Impact Study has been submitted. A Final Traffic Impact Study, stamped and signed by a professional engineer licensed in the State of Colorado is required. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt. IMPROVEMENTS AGREEMENT FOR UP -FRONT IMPROVEMENTS Development Review is requesting an Improvements Agreement for up -front off -site improvements at the main site access onto SH-60 and at the initial/maintenance site access onto CR 44. Additional improvements may be included depending on the Final Traffic Impact Study. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldqov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/USR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. It will detail the approved haul routes and outline the required up -front off -site improvements. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -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, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. A preliminary drainage report was submitted. An accepted Final Drainage Report and Certificate of Compliance, signed and stamped by a professional engineer licensed in the State of Colorado is required. 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. An acceptable Final Drainage Report and Certificate of Compliance, signed and stamped by a professional engineer licensed in the State of Colorado, is required. (Development Review) C. An Improvements and Road Maintenance Agreement is required for up -front off -site improvements at the main site access onto SH-60 and at the initial/maintenance site access onto CR 44. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Development Review) D. The USR map shall be amended to delineate the following: 1. Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 60 on the map along with the documents creating the right-of-way. (Development Review) 2. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as a arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 3. County Road 42 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 4. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 5. Show and label the proposed initial/maintenance access location onto CR44, along with all other existing access locations onto CR 29, CR 42, and CR 44. Include the approved access width and the appropriate turning radii on the site plan. As appropriate, label accesses as "Close and Reclaim." Access specifics will be reviewed during the review of the USR map. (Development Review) 6. Show and label the approved tracking control on the site plan. (Development Review) 7. Show and label the entrance gate(s) if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Development Review) 8. If applicable, show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) 9. Show and label the drainage flow arrows. (Development Review) 10. Show and label the approved main site access location onto SH 60. Include the access permit number. (Development Review) 11. Show and label the drainage flow arrows. (Development Review) PRIOR TO CONSTRUCTION: A. 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) B. Obtain all required access permits from Weld County and CDOT. (Development Review) C. Construct the approved tracking control. (Development Review) PRIOR TO OPERATION: Accepted construction drawings and construction of the off -site roadway improvements are required prior to operation. (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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 5. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Development Review) 6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 7. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 8. 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: Max Nader, Planning Services From: Lauren Light, Environmental Health Services Date: December 9, 2024 Re: USR24-0026 Applicant: CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special Review for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District. As this is a temporary use, portable toilets and bottled water are acceptable for sanitary uses for the mining operation. The residence located at 20857 County Road 29 will remain in place. No details were provided about water or sewer services for the dwelling. Since the residence was built in 1945, documentation for the on -site wastewater treatment system is required, along with a copy of the water bill. The future shop and office will be served by a commercial on -site wastewater treatment system and Central Weld Water District. Noise is limited to the allowable levels for the industrial zone district, with measurements taken 25 feet from the property line. The application includes a noise management plan conducted by Behrens and Associates, which demonstrates that the industrial noise level can be met at the property boundary. The report concludes: "The results of the noise modeling indicate that the Section 20 Gravel Mine mining and processing operations for all modeled phases are predicted to comply with the allowable Industrial CRS noise level limits at all modeled receptor locations." The industrial noise limit is 80 dBA during the day and 75 dBA at night. Compliance with the noise modeling report is required in the development standards. Dust control measures will include the use of a water truck, speed limits, windbreaks, and seeding of stockpiles if they remain in place for over a year. An Air Emission Permit (APEN) from the State is required, which will cover dust control for mining operations, haul roads, and all 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 Fuel storage tanks will be installed, and these will need to have secondary containment. Depending on the amount of fuel stored, State registration may also be required. A Spill Prevention, Control and Countermeasure Plan will be available on site. Environmental Health Services recommends that the following requirements be met prior to allowing the plat to be recorded: 1. All On -Site Wastewater Treatment Systems (OWTS) on the property must have the necessary permits and documentation from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate an OWTS permit for the property at 20857 County Road 29. Any OWTS not currently permitted or documented by the Weld County Department of Public Health & Environment will need to undergo an OWTS Evaluation before the required permit or documentation can be issued. If the system is found to be inadequate, it must be brought into compliance with current OWTS regulations. 2. Submit a copy of the water service for 20857 County Road 29. 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. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 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 noise management plan. 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. 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. 10.Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 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. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations, as applicable. 14. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be available on site, as required. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health Weld County Department of Public Health and Environment 15.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. 16. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. 17. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 18.The operation shall comply with the Mine Safety and Health Act (MSHA). 19. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 20. 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 November 12, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Case Number: USR24-0026 Please Reply By: December 10, 2024 Planner: Maxwell Nader Project: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District. Parcel Numbers: 105720000019-R0909301, 105720000014-R4408586, 105720000015-R4408786, 105720000020 -R0909401,105720300022 -R8970366 Legal Description: N1/2 and Part of the SE1/4 and Part of the SW 1/4 of Section 20, T4N, R66W of the 6th P.M., Weld County, Colorado. Location: NORTH OF AND ADJACENT TO CR 42; EAST OF AND ADJACENT TO HWY 60 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. 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 `5'�"�'g Date 11 /13/2024 Agency Weld County 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: USR24-0026 Associated Parcel: 105720000020; 105720300022; 105720000015; 105720000014;105720000019 OGED Reviewer: Tyler Seno Review Date: 11/13/2024 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 Permits 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 six (6) active oil and gas wells listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. OGED further requests the Applicant identify any buried infrastructure associated with the oil and gas wells such as pipelines or flow lines. API Operator Well Title Well Status 05-123-16547 PDC Energy Inc McClellan #33-20 SI 05-123-20555 PDC Energy Inc Marisa #1 SI 05-123-29853 Noble Energy Inc Zabka K #20-20 TA 05-123-30261 Noble Energy Inc Zabka K #20-18 TA 05-123-20655 Noble Energy Inc Bird K #20-8 TA 05-123-26944 Noble Energy Inc Zabka K #21-31 TA 3. The parcel includes twelve (12) plugged and abandoned (PA) wells listed in Table 2 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 05-123-13633 Kerr McGee Oil & Gas Onshore LP Johnson Farms #34-20 Amoco PA 05-123-14206 Noble Energy Inc Johnson Farms Amoco #43-20 PA 05-123-20744 Noble Energy Inc Wetco K #20-12 PA 05-123-14198 PDC Energy Inc Sparrow Amoco #23-20 PA 05-123-12935 Noble Energy Inc Kerbs R K #20-5 PA 05-123-10498 PDC Energy Inc Kerbs #1-20 PA 05-123-20597 Noble Energy Inc Kerbs K #20-6 PA 05-123-07283 Noble Energy Inc Grace Cushman #1 PA 05-123-12662 Noble Energy Inc Bird R K #20-7 PA 05-123-20201 Noble Energy Inc Bird K #20-2 PA 05-123-12552 Noble Energy Inc Bird R K #20-1 PA 05-123-16546 Noble Energy Inc McClellan #44-20 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 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. Give A Fa1tljty PO Box 128 304 8t17 Street Gilcrest, CO 80623 (970) 737-2426 (970) 737-2427 fax www.townofgilcrest.org February 23, 2025 Maxwell Nader Planning Manager Dept. of Planning Services Sent via Email: mnader@weld.govmnader@weld.gov RE: Weld County Referral Case Number USR24-0026 CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Dr. Mr. Nader, The Town of Gilcrest has received the electronic referral related to a request for approval of a Site Specific Development Plan and Use by Special Review Permit for open mining and processing of minerals (aggregate mining and batch plant). We appreciate the opportunity to comment on the applications. Town staff has completed the review of the proposal and offers the following comments to be incorporated into the permit and development standards along with recommended conditions of approval. Lack of Conformance with the Town of Gilcrest Comprehensive Plan 1. The proposed gravel mine is located within the Town's urban growth boundary. The 2017 Comprehensive Plan designates the subject property for low -density residential development. Highway 60 forms the site's western boundary and is identified as a future regional commercial opportunity area with regional commercial nodes identified at key intersections, including WCR 44 and WCR 42. The proposed open mining and processing of material does not comply with the Gilcrest Comprehensive Plan. Landscape and Screening Plan 2. Depict opaque fence or wall with dense plantings adequate to screen the mine site from view from adjacent properties to the north, south and east. Said fencing shall include such features that are visually interesting by integrating architectural elements such as brick or stone columns, varying the alignment or setback of the fence softening the appearance of fence lines with plantings or through similar techniques. Fencing shall not consist of a solid, unbroken expanse for more than fifty (50) feet for every seventy-five (75) feet of length, or portion thereof. 3. All outside storage of materials shall be effectively screened from view on a year-round basis. 4. At the time of planting, all plants shall be sized according to the plant size requirements below: • Deciduous trees 1: to 2" caliper • Small ornamental and flowering trees: PA" to 1%" • Evergreen trees: 5' to 6' in height Page 1 Give A Fa1tljty PO Box 128 304 8t17 Street Gilcrest, CO 80623 (970) 737-2426 (970) 737-2427 fax www.townofgilcrest.org • Shrubs: 5 gallon container or greater 5. Underground automatic irrigation systems shall be installed for landscaping which cannot survive on natural precipitation except for temporarily seeded areas. Lighting Plan 6. No direct or sky -reflected glare, whether from floodlights or from high temperature processes such as welding shal be permitted beyond its lot lines onto neighboring properties, or onto any street. 7. All outdoor light fixtures and illuminated signs shall be designed, located, installed and directed in such a manner as t0 prevent light trespass beyond the property line (zero footcandles at property line), and light above a ninety -degree horizontal plane. If necessary, the operator may need to submit a Lighting Plan that includes a Site Plan Photometric Plan that includes manufacturing specification sheets to demonstrate compliance with this town lighting standard. 8. The proposed entry sign illumination shall be either back lighted or indirectly illuminated. Environmental 9. The results of the Noise Plan are predicted to comply with the allowable Industrial CRS noise level limits; however, the surrounding land uses are not industrial. Industrial noise from the proposed mining and processing operations shall not exceed 70 dBA during the day and 60 dBA at night measured from any point of the property boundary line. 10. The following controls to eliminate dust or mitigate its effect at the site at the direction of the Town throughout the operation of the gravel mine. • Water truck spraying of active work areas, haul roads, and unvegetated stockpiles. • Street Sweeping of paved roads to minimize dust build up • Installation of wind breaks to help minimize the potential for wind to pick up dust emissions • Install vegetative cover (seed and mulch) on stockpiles. 11. All materials or wastes which might cause fumes or dust, which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers. 12. The proposed use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments measured from any point of the property boundary line. Transportation Impacts 13. Aggregate truck routing shall adhere to the attached Town Truck Haul Routes Ordinance No. 2021- 04 or as amended. Requested Conditions of Approval The Town remains interested in pursuing the annexation of the property. An application for annexation was received by the Town and is currently in the completeness review stage of the development review process. The preliminary review of the submittal documents along with the Weld County Site Specific Development Plan and Special Review application appear to lack a good faith effort to address the town's comments/concerns outlined in the attached Board of Trustees Memorandum dated February 15, 2024, Page 2 Give A Fa1tljty PO Box 128 304 8t17 Street Gilcrest, CO 80623 (970) 737-2426 (970) 737-2427 fax www.townofgilcrest.org nor the mutually agreed upon direction discussed at the February 15, 2024, Board work session. Town staff and consultants will coordinate with the Owner's engineer to schedule a meeting to discuss the annexation submittal requirements, including the annexation petition, annexation map, annexation impact report, etc. The objective is to obtain a complete annexation application or enough information to enter into a Pre -Annexation Agreement. The Town is committed to keeping the County informed on the progress of the property's annexation into Gilcrest. In the case that the Weld County Planning Commission recommends approval and Board of County Commissioners approves the Site Specific Development Plan and Use by Special Review Permit, the Town requests said approvals be subject to the following conditions of approval: 1. Owner shall enter into a Pre -Annexation Agreement with the Town of Gilcrest. 2. Owner shall secure Town of Gilcrest approval of the proposed groundwater mitigative measures. 3. Owner shall submit a Fiscal Impact Analysis that provides an estimate of the expected revenue and expected costs to the town in order to calculate the net fiscal impact upon the Town. 4. At the end of the mine life, the Owner shall install all required infrastructure to serve the property for low -density residential development and regional commercial nodes at WCR 44 and WCR 42 along Highway 60 as contemplated in the Town of Comprehensive Plan. 5. At the end of the mine life, the Owner shall install a trail along the WCR 42 frontage as contemplated in the Town of Gilcrest Comprehensive Plan. Please don't hesitate to contact me at 303.378.4540 or via email at carrie@mccooldevelopment.com if you have any questions. Again, the Town of Gilcrest would like to thank you for the opportunity to comment on development proposals within the town's three mile boundary area. Sincerely, ry, Mg. Gilcrest Town Planner McCool Development Solutions Enclosures: • Board of Trustees Memorandum dated February 15, 2024 • Red Tierra Equities, LLC; Section 20 Gravel Mine Gilcrest Annexation Application • Town Ordinance 2021-04 An Ordinance Amending the Town of Gilcrest Municipal Code Regarding Truck Routes Page 3 ta 1�C1�= a Family jo� O To • From: Through: Date: Work Session Agenda Item: MEMORANDUM Honorable Mayor Nothem and Board Members Carrie McCool, Town Planner Dan Dean, Town Administrator February 15, 2024 PO Box 128 304 8th Street Gilcrest, CO 80623 (9 70) 737-2.426 (970) 737-2427 fax www. townof�ilcrest. org Section 20 Gravel Mine (Red Tierra) Weld County Use by Special Review Application The Town of Gilcrest received a Notice of Inquiry from Weld County (Pre -Application Case # PRE23-0174) for a Use by Special Review (USR) permitting a solar facility, adding open mining and materials processing to be located in Section 20 T 4N, R 66W. The town responded to confirm that it would like to pursue annexation of the property on July 17, 2023 (see attached Notice of Inquiry). Additionally, the Owner emailed the Town stating he wanted to start up the annexation process again; however, no annexation petition was received. The Owner submitted a Use by Special Review application to Weld County wherein the Owner's Engineer contacted Town Staff to set up a meeting to discuss their USR application. The proposed use of the site is a construction aggregate mine and water storage to be operated by Ready Mixed Concrete Company, LLC. The site is 596.55 acres bounded by State Highway 60 to the west, CR 44 to the north, CR 42 to the south, and CR 29 to the east. The site generally encompasses the entire section (20) with two residential lots excluded and is zoned A (Agriculture) in Unincorporated Weld County. The primary access to the site for mining purposes is proposed to be an improved intersection of State Highway 60 at or near CR 42.5, where an existing driveway and farm exist. The life of the mine is estimated at 25 years and the applicant holds a DRMS permit. f 11404 - Section 20 Gravel fine 596.55 Acres • .•♦ • - - •1 I•l . . t• -1•.11.•., 1 . •-••• . '• • • • . • • • . 1 • •• Yom• 1. ! Y _ ...we- • • 1■�.1��• ��.1��1�y •I•••••Y •wl�•1 Iv Y • • 111•/., t. •1 nl 11411141M WO ♦ • 1 • •• • . + . • • ••. 1 . • • . 1.4• • •t 1 l•dn • • _ •} a-�}w�•�1.gd1��♦■��],.a�y Ly■. •q•11��' a. a •Y•a ��1�vn��1 •r�r�1•' 7M 1iY \.1 P.L�6��FL'i�" .�� . . • • 1 cra 0 i. .• :.- :—• •C•l tin t; •; •:•l 6411e 1 • . 4.11 a•• a •_♦ r • • • •••�• • • • . • • . . • 1 • • • • 1 • • • • • • 1 1'.. •, 1 J L♦•• 1 a d 1.11 1.•. .. 1 I .• 1.1 . Yu,. l II I •. . . . . . n •'• .• • 1 t t • • .• . • . • . . . . .4 P • . ." 1' . . . . • 1 • - • • • • • • • • • • • . ••.•• ♦ • ♦ . • • • • •♦1 • • . • 1 1 ' • 1 U♦ 1 l 1 1-. l 1 I 1 e I• 1.• 1 1••- I • 1 • f * It i'• 1. - •••••••• a•• • • I . . • •l r• t•. . . •{•�• �� ••-•w • • - 1 1 1 1.. 04; ■1 / 1 •. i 1• 11. 1• 1•■ 1 1 1 1 1. 1 7 • . • •. • • . _ . . • • . • • . • • • • • • . • . -- ••••• 1 • •• O■.•• •• •• 1 ♦ ♦ 1 • • d•♦ ••- ••• •4 4 • ♦ . • I • ♦ •J♦ • • • • 1 ♦ • • • •••♦ ♦ -• •. 1 • 1 n 1 1 t 1 t t• 1•• 1 1••• 1 t. 1 ! r • II MINX If Pall ill MIN X 1 T2TH ST m Page 1 ta 1�C1�= a Family jo� O PO Box 128 304 8th Street Gilcrest, CO 80623 (9 70) 737-2.426 (970) 737-2427 fax www. townof�ilcrest. org The proposed gravel mine is located within the Town's urban growth boundary. The 2017 Comprehensive Plan designates the subject property for low -density residential development. Highway 60 forms the site's western boundary and is identified as a future regional commercial opportunity area with regional commercial nodes identified at key intersections, including CR 44 and CR 42. The site abuts the northern reach of the 790 -acre Monarch-Denm gravel mine and is southwest of the 146 -acre Central Colorado Water Conservancy District (CCWCD) water storage located west of Highway 60 and south of County Road 42. The owner has submitted a Summary of Principal Commercial Terms of Annexation, Traffic Study, and Groundwater Final Report to help facilitate discussions with the Board. Staff has reviewed said materials and notes the following concerns: • Impacts on local groundwater movement and groundwater elevation (both increasing and decreasing groundwater elevation due to the "mounding" and "shadowing" effect of constructing impervious liners to bedrock within the alluvial aquifer). • Cumulative impacts of over 1,532 acres dedicated to water storage and gravel mining in close proximity to Gilcrest. • Lack of conformance with the Gilcrest Comprehensive Plan o Loss of land designed for future development in alignment with our community's vision for the future. o The gravel mining in the area will limit desired growth to the town's existing municipal boundaries. o Reclamation, as identified in Summary of Principal Commercial Terms of Annexation (attached), identifies uses and zoning that would not occur until 25 years into the future, if ever, considering no infrastructure is proposed. • Unknown Fiscal Impacts. • Environmental and transportation impacts. • Noise. • Air quality. • Aesthetics. Additional Information Required. 1. Groundwater. The Applicant's groundwater report contains highly technical information and modeling that lead to various proposed mitigation measures. The Water Attorney recommends that Gilcrest retain a qualified groundwater engineer to evaluate this modeling and the efficacy of the proposed mitigation. In addition, the mitigation measures complete, among other things, the use of existing drainage ditch(es) as well as yet unconstructed dewatering wells. More evaluation is needed of the Applicant's legal ability to make use of such structures and/or to assure that they will be operated and maintained. 2. Comprehensive Plan Amendment. The Amendment should evaluate the modification of the current urban growth boundary with an analysis of the impacts on land use, transportation, provision of public infrastructure, environmental including groundwater impact, fiscal impacts, public health, safety, and general welfare of the town. Page 2 ta 1�C1�= a Family jo� O PO Box 128 304 8th Street Gilcrest, CO 80623 (9 70) 737-2.426 (970) 737-2427 fax www. townof�ilcrest. org 3. Fiscal Impact Analysis. The analysis needs to estimate the expected revenue and expected costs to the town in order to calculate the net fiscal impact. 4. Landscape/Buffering Plan. Said Plan needs to demonstrate the objectional influences associated with the proposal are adequately screened and buffered to minimize impacts on town residents. The above -referenced information needs to be prepared and paid for by the Applicant. The proposal, whether it moves forward in the county or in the town, would need to address how the proposed mine operations' adverse impacts would be mitigated as well as conformance with the Gilcrest Comprehensive Plan and compatibility with future development of the Town and surrounding area. Attachments 1. Notice of Inquiry Response dated July 17, 2023 2. Section 20 (Red Tierra) USR Mine Plan and Timeline 3. Summary of Principal Commercial Terms of Annexation (Draft) 4. Section 20 Groundwater Final Report (LINK) 5. Traffic Impact Study (LINK) Page 3 Notice of Inquiry Weld County Department of Planning Services Pre -application Case # PRE23-0174 Date of Inquiry July 12, 2023 Municipality Gilcrest IGA Name of Person Inquiring Robert Lembke Property p Y Owner CAW Equities, q LLC �i Planner Kim Ogle Planner Phone Number 970.400.3549 Planner Email Address kogle@weld.gov Legal Description All of Section 20 T 4N, R 66W Parcel Number 105720000015, 105720300022 105720000014, 105720300021 105720000019, 10572000020, Nearest Intersection County Road 44 at SH 60 and County Road 42 at County Road 29 Type of Inquiry USR processing for permitted g Solar Facility, adding open mining and materials The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. County Planner's signature Would you like to pursue annexation of this property? NO YES _X Date of Contact 7/12/23 Comments: Town Board and Staff met with Lembke/Red Tierra several time in 2022 on annexation. Lembke sent email on 7/12/23 stag he was wanting to tart up annexation process again. Have not yet received Annexation Petition. /O4O1/k., 6.1-07unteligt-4.- �gnaturunictpepresentative Title D; to Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Department of Planning Services 1402 N 17th Ave, PO Box 758, Greeley, CO 80632 970-400-6100 I www.weld.gov 20230310 SUMMARY OF PRINCIPAL COMMERCIAL TERMS OF ANNEXATION (DRAFT) (CAW Equities, L.L.C. and Red Tierra Equities, L.L.C./Town of Gilcrest) This Summary of Principal Commercial Terms of Annexation (this "Annexation Summary.") provides a preliminary description of the significant terms and conditions relating to the proposed annexation of the Property (as defined herein) into the Town of Gilcrest. This Annexation Summary is not a binding agreement or commitment but is meant to serve as a basis for continued discussions and negotiation of an annexation and development agreement between the Property Owners (as defined below) and the Town of Gilcrest (the "Annexation Agreement"). Property Owners CAW ("CAW"), liability and company L.L.C., a Colorado limited L.L.C., liability a Colorado company limited Equities, Red ("RTE"). Tierra Equities, Annexing Authority of Gilcrest, a statutory town ("Gilcrest") Town Property The following Township 4 North Weld County parcels Range 66 West(collectively,the � g situated within Section 20, "CAW Property"): • 105720000015 • 105720000014 • 105720000020 • 105720000019 • 105720300021 • 105720300022 And the following Weld County parcels situated in the SW4 of Section 4 North, Range 66 West (collectively, the 30, Township "RTE Property") : • 105730300020 • 105730300019 Project Description The Property is currently active agricultural land with associated infrastructure. The Property Owners have received preliminary approval for a 112 Mining Permit for the Property, subject to agreement on bonding, which would allow extraction and sale of the aggregate resource associated with the Property (the "Mining Permit"). Once the Property Owners obtain final approval for the Mining Permit, the Property Owners will retain a contractor (the "Mining Contractor") to extract and sell sand and gravel from 123666622.4 the completion Project"). converted An asphalt of areas Upon Property, wells, designated and affordable subsequent herein Property aggregate mining residential below plant, completion pump as the of and water will stations, "Project." the completed processing will perform mining storage be be of within shall estate mined located reclamation plant, Mining contain of operations mines out public development, Mining facilities. the Property at facilities prior will a concrete the Project a series trails. of the slurry for of In Property batch during be removed reclamation. an reservoirs, addition, contain options be wall plant area with referred commercial the lined the within certain for such upon "Mining and and duration water to and an the the (collectively, be Property will to final will The to operations. such areas housing. development These the and the area real and along shall Project Property The Phasing The commence Range reservoirs residential and Project 66 for will at the West, municipal infrastructure of be NW which the performed corner will section. in phases. of Section 20, create a series agricultural use. planned to be Mining is planned 4 storage in the North, and SW to Township of water Commercial developed and is SE corners defined primary 60) at access access to be an improved or near exists. required as future to WCR the Property Allyson Property intersection 42.5 use changes where Owners Young for an to Other are mining on existing are permit made. purposes State driveway working the access is Highway 60 and with intersection points will Traffic/CDOT The proposed (SH farm CDOT and be The land representative identify improvements. Permitting Property Project, Pollution flow including, Discharge to the Owners — will but Notice Permit Storm obtain not Water and other limited (APEN) System Only. a COG500000 to: permits Permit as necessary Storm drainage discharge for Water The the • Air • Colorado Management will Emission Plan northwest, (CDPS) and natural series The 123666622.4 permit (comingled process, storm and Storm Water Management Colorado Department of Public (CDPHE). and Plan will Health discharge be and submitted water permit) to the Environment Gilcrest connection shall receive with the the Mining following Project annual (each payments payment, in a "Mining Town Payment Payment"): the first three years of the Mining Project (the "Initial 1. For Payment Period"), greater of (a) $100,000 mining operations at revenues, the "1% the Mining the Royalty Contractor (b) 1% of (such Payment"). the gross 1% If shall pay Gilcrest revenues of the gross in any year, from the the the or Property Mining Contractor pays Gilcrest $100,000 as the Mining Payment because the 1% Royalty Payment was less than $100,000, the amount that the $100,000 payment exceeded the 1% Royalty Payment shall be referred to as a "Credit Amount." If in a subsequent year during the Initial Payment Period, the 1% Royalty such shall the or decreased of the any) year it Initial be Credit Payment shall reduced Payment be based Amount be exceeds reduced to Period, on less at to the the as $100,000, by than the foregoing the the $100,000. end Credit Credit the "Remaining Initial the calculations. Amount Mining Payment may Credit but each in be increased The Period Amount." no year amount for event of (if Amount During Payment shall referred 2. After revenue pay Gilcrest payment); the is produced provided, Initial Payment on 1% Royalty however, Period the Property, Payment that and if there for the Mining (without so long as mining Company shall minimum Remaining the any is any Credit Amount, the Mining Payments shall be reduced by the Remaining Credit Amount until the full amount of the Remaining Credit Amount has been applied to Mining Payments. commence date. Mining Payment year. on on the shall be first year date that and paid of mining shall within the end Initial thirty days of Payment are on the anniversary the end Period of Each of applicable shall commenced such The the Property operations 123666622.4 Remittance of Taxable Sales. The remit described Owners, the Property, funding Property. debt purposes. taxable Annexation to a metropolitan in an sales for and Such service, C.R.S. annual the Agreement district 32) of money of of shall shall transactions assisting facilities provide (as designated equal be used responsibilities, such in and/or for that term by to one generated the principal Gilcrest is defined the Property percent within direct or indirect services retirement, or other shall and (1%) the with legal of the sum Title maintenance the capital or taxable purpose provision monies Ground Water The Property districts dewatering area. Owners will near the Property wells to alleviate arrange to assist the for in high existing the installation ground metropolitan of water issue in the Assistance Road Maintenance and Rights -of -Way Owners, Property a provide maintenance way pipeline/utility Gilcrest Road Mining for that Project. shall as Maintenance roads Owners annex provided the due shall Mining certain in require Agreement increase Property roads the Annexation Company to the Owners the requested with in Property Mining Gilcrest, assist may Agreement. Company traffic also by in for the which caused ongoing use water Property enter will road by rights the into of the The to will truck to the The at or adjacent access. Residential/Commercial Annexation various Agreement residential, will provide for flexible zoning to mixed, and commercial uses at the The allow Property. for Real Estate Development Metro Districts The districts. construction, and/or infrastructure Project. Property offset Owners may metropolitan maintenance, of fees, and required to form other support districts operation, up to four new may finance and reimbursement matters related the development metropolitan to the design, the of the The 123666622.4 CIVIL R E S .� U R C_: E S, L LC=: ENGINEERS . PLAN NERs December 30th, 2024 Ms. Carrie McCool Town Planner 304 8th Street Gilcrest, CO 80623 RE: Red Tierra Equities, LLC; Section 20 Gravel Mine Gilcrest Annexation Application Dear Ms. McCool, This letter supports the attached annexation application for the proposed Section 20 Gravel Mine owned by CAW Equities, LLC. The Site is currently permitted by the Colorado Division of Mining, Reclamation, and Safety (DBMS) as a construction aggregate mine with permit number M-2022-001. The Use by Special Review (USR) application with Weld County has been deemed complete as of October 30, 2024 under USR24-0026. Weld County Planning sent out referrals to agencies in early November and expects the referrals to be received by Planning sometime in December. Representatives of the owner met with the Gilcrest Board of Trustees concerning the proposed annexation of the subject property multiple times and most recently in February 2024. At this work session and subsequent Board of Trustees meeting, both parties expressed interest in annexation of the property into Gilcrest. A memo was sent out on February 15, 2024 discussing the proposed annexation and listing the additional information requested by Gilcrest. This additional information is addressed in this letter below. 1. Groundwater: Civil Resources constructed a groundwater model to analyze the impacts of the proposed use of the site on the surrounding groundwater table and its relation to existing structures in the area. The main focus of the model and report was to predict the expected rise in groundwater elevation upgradient of the Site due to the decrease in hydraulic conductivity from the installation of the bentonite slurry walls surrounding the mine cells. The model was then utilized to predict the mitigation measures necessary to minimize or eliminate the forecasted mounding upgradient of the Site. The DRMS is tasked with protecting the prevailing hydrologic balance of the affected land and surrounding areas and the modelling was performed as a requirement by the DRMS for the approval of the Reclamation Permit. During the adequacy review of the permit, the model and report were reviewed by the DRMS' groundwater specialist which resulted in seven (7) rounds of adequacy comments that were incorporated into the final report. (Refer Attachment B) The proposed mitigation for mounding is a buried slotted pipe (underdrain) upgradient of the southern slurry wall alignment. The underdrain will reroute groundwater that rises above the historical maximum to the downgradient side of the Site. This underdrain is included as a requirement in the DRMS permit and must be completed according to the schedule outlined in the permit. No additional agency approval is required for the construction of the underdrain. The report also outlines a series of dewatering wells as an option in lieu of the underdrain. These wells would need to be permitted by the Colorado Department of Water Resources prior to operation. In either case, the mitigation structures will be constructed according to the timeline outlined in the permitted mine plan which is based on mine and slurry wall construction phasing. 8308 COLORADO BLVD • SUITE 200 • FIRESTONE, COLORADO 8O5O4 • PHONE: 303.833.1416 • FAX: 3O3.833.285O Page 2 Ms. Carrie McCool December 30, 2024 In addition to the groundwater model report, the DRMS permit includes a groundwater monitoring plan designed to protect the surrounding hydrologic balance. The Owner is required to monitor groundwater elevations at the Site's piezometers monthly for the life of the mine. If mounding of over two (2) feet above the maximum level seen during the baseline monitoring period, or if there is a complaint, the Permittee is required to take action according to the timeline outlined in the plan. have included as an attachment to this letter the DRMS rationale for approval of the permit where groundwater is addressed as #1 under "jurisdictional items". In their conclusion under water quality, the DRMS found that: "The Division finds the Applicant's plan shall minimize disturbances to the prevailing hydrologic balance of the affected land and surrounding area. Additionally, the Applicant shall implement the groundwater quantity and quality monitoring plans for the site as discussed above. These plans will adequately detect impacts to the hydrologic balance. Red Tierra shall be required to comply with all applicable federal and state water quality laws in accordance with Rule 3.9.6. The Division finds the Applicant provided the information required to address the potential groundwater quality and quantity impacts at the site in accordance with Rules 6.4.4, 6.4.7 and C.R.S. 34T32.5T9 96(4)(h)." 2. Comprehensive Plan: Section 20 was contemplated to be low density residential with the opportunity for regional commercial development at the intersections of WCR-44 and WCR-42 with SH-60 in the Gilcrest Comprehensive Plan. The area is currently zoned agricultural in the county and the planned use is water storage which is a use - by -right for agricultural zoning, therefore we do not believe a Comprehensive Plan Amendment is necessary. Further, the Owner intends to reserve or reclaim areas to be developed as residential or regional commercial as contemplated in the Town's Comprehensive Plan. (Refer Figure 2) 3. Fiscal Analysis: There are no expected costs to the Town as a result of the mine and developed water storage. The site is not expected to utilize Town infrastructure. Sanitation will be provided by portable toilets, staff will utilize bottle water, and other water needs will be covered under a substitute water supply plan with the Colorado Division of Water Resources. The planned haul route will utilize the state highway system and traffic will not utilize Town roads. The operation is expected to employ 14 to 20 full time employees at the Site. The expected revenue is outlined in the term sheet provided. 4. Landscape/Buffering Plan Berms are proposed along county and CDOT right of way. These berms will be constructed in conjunction with the associated stage of the mine. The screening berm along the northwest corner of the site will be constructed in conjunction with the plant in order to screen the operation from the roadway. Berms will be approximately six (6) feet tall and will be seeded with the "Weld County Sandy Site" seed mix. Seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. The site is currently flood irrigated crops and has no landscaping. The remaining above grade portions will be reclaimed to dryland grass with no additional landscaping proposed. Page 3 Ms. Carrie McCool December 30, 2024 Thank you for your review in this annexation application, please feel free to contact me with any questions or concerns. CIVIL RESOURCES, LLC Kyle Regan Civil Resources, LLC BUnited Water & San-141\Section 201WeId County USR1_ Completeness\Completeness Review Response Letter.doc FIGURES - DISCHARGE POINT J:1United VVater & San-1411Section 20tDrawingslSheetslSection 20 USR.dwg, USR, 8/8/2023 2:51:51 PM I CO l u P x tn 21.7 DISCHARGE POINT OVERBURDEN STOCK PILE BERM Future Commercial Opportunity CELL 1 SILTATION POND CELL 8 SL ' RY WALL 3,374 LF LL BERM FRESH WATER' POND APPROX 10 ACRES TO BE INCLUDED fN CELL 8 r PRODUCT STOCKPILES J� CONCRETE BATCH PLANT \\ OFFICE 8 MINE MIT TO P GAS SITE ACCESS GAS LINE T PSE RELOCATED DCP NE a 3855 LF 21, FROM SLURRY WALL T TO PROP WESTERN MIDSTREAM GAS LINE INV EL: 4,733.5' D TRAVEL s 4" GAS O BE REMOVED Future Commercial Opportunity 50+00 SITE ACCESS D FUTURE MINE AREA TO BE INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL) 55+00 �ND RDRAIN 10' FROM SLURRY WALL TO BE CONSTRUCTED CONCURRENTLY WITH CELL 6 (DESIGN WILL BE PROVIDED TO DRMS PRIOR TO CONSTRUCTION) CR-44 AGGREGATE PLANT/ CELL 3,7 8 INFILTRATION POND SLURRY WAIL LF SCHARGE LINE 0 INFILTRATION POND 4,711 LF PRODUCT STOCKPILES WELL PLUGGED AND ABANDONED / % ce:, fr / ///%%F 4 %//, eyz %iG!pa� %//%r�//� DROP IN TO 5' MANHOLE WEST INV: 4,733.0' EAST INV: 4,735.1' TRANSITION TO SOLID PIPE =0+0v - WCR-42 — D'JO 4M SW uNMENT CELL 4 SLURRY WALL 5,506 LF ?5+7-c Oo — CELL 3 SLURRY WALL 6,977 LF CELL 3 60i -DO 3C+fv CELL 5N CELL 59 72 4,57-00 4D+00 UNDERDRAIN 10' FROM SLURRY WALL OR SERIES OF DEWATERING WELLS TO BE CONSTRUCTED CONCURRENTLY WITH CELL 4 (DESIGN WILL BE PROVIDED TO DRMS PRIOR TO CONSTRUCTION) 45+00 CELL 5 DEMISING SLURRY WALL 2,607 LF %.• 30+00 CELL 5 SLURRY WALL 8,761 LF O O �6k�0 a rn0 v de Le U OC 65.3' o 30,0' c X548' 0 Ks LANDSCAPED BERMING ALONG NEIGHBORS PROPERTY LINE NORTH 0 150 300 ( FM) Know what's below. Call before you dig. LEGEND: 11-h I (5i 40) _ 141 F E JV II PROPOSED PERMIT BOUNDARY SLURRY WALL ALIGNMENT PROPOSED MINE LIMIT PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING EDGE OF PAVEMENT EXISTING EASEMENT SECTION LINE EXISTING RIGHT OF WAY PROPOSED UNDERDRAIN EXISTING GAS LINE EXISTING WATER LINE PROPOSED ACCESS ROAD EXISTING DIRT ROAD EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC WATERWAY MONITORING WELLS ELECTRICAL BOX OVERHEAD ELECTRIC POLE OIL AND GAS WELL CIVhh RES-73)urzCES 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WW W.CIVILRESOURCES.COM RED TIERRA EQUITIES, LLC 8301 E PRENTICE AVE #120 GREENWOOD VILLAGE, CO 80111 303.771.1005(p) CONTACT: DREW DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: BLH DRAWN BY: KR CHECKED BY: BLH DATE: 9/16/2021 SCALEAS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAMECILCREST-AREA-GEOLOGY.DWC SITE AND EXTRACTION PLAN MAP SHEET: 4 ATTACHMENT A 1IC w, F II PO Box 128 304 8th Street Gilcrest, CO 80623 (9 70) 737-2426 (9 70) 73 7-242 7 fax www.townofgilcrest.org TOWN OF GILCREST LAND USE APPLICATION FORM PROJECT NAME: Section 20 Gravel Mine DATE SUBMITTED: 12/30/2024 APPLICATION FEE: TYPE OF APPLICATION " X Annexation, ,/Conditional /,Plot //Site " Vacation Plan Plan Zoning and Use Concept Plan" II Change Final Sketch Variance Planned Plat Plan of Zone Unit Development I,Certificate " etSubdivision Minor Preliminary Waiver Subdivision of Plat Exemption Nonconforming Plat Use PRE -APPLICATION CONFERENCE WAS HELD WITH: Date: PROJECT INFORMATION Applicant's Name: CAW Equities, LLC Project Location: S20 T4N R66W 6th PM Address: 8301 E Prentice Ave. #120 Existing Use: Flood Irrigated Agriculture Greenwood Village, CO 80111 Proposed Use: Gravel Mine, Developed Water Storage Phone/Fax: 303-659-5000 Existing Zoning: AG Relation to Property Owner: Owner Proposed Zoning: AG Is site within Gilcrest's Planning Area? ' Yes "No Legal Description of Property (location within section, section, township and range): S20 T4N R66W 6th PM Total Acreage of Property under Consideration: 632 Number Number Number of Existing of Existing of Existing Industrial Residential Commercial Lots: Lots: Lots: 0 0 0 Number Number Number of of of Proposed Proposed Proposed Industrial Residential Commercial Lots: Lots: Lots: 0 0 0 ADDITIONAL CONTACTS Property Owner: Same as Above Consultant: Civil Resources, LLC Address: Address: 8308 Colorado Blvd, #100 City/State/Zip: City/State/Zip: Firestone, CO 80504 Phone/Fax: Phone/Fax: 303.833.1416 Ext 210 Property Owner: Consultant: Address: Address: Page 1 of 5 I w. F • Mi flit/ p t PO Box 128 304 8th Street Gilcrest, CO 80623 (9 70) 737-2426 (9 70) 73 7-242 7 fax www.townofgilcrest.org City/State/Zip: City/State/Zip: Phone/Fax: Phone/Fax: TOWN OF GILCREST LAND USE APPLICATION FORM (CONTINUED) ) COMPREHENSIVE PLAN MAP DESIGNATIONS: LAND Use Public Designations: USE Facilities: & PUBLIC FACILITIES Land Gateway: Important IMAGE AND "Yes Connection: DESIGN ' "Yes No I. Nc TRANSPORTATION Connections: Street UTILITY Sewer: Fire Other: Protection: AND SPECIAL DISTRICTS Water: PARKS, park and/or OPEN trail: SPACE AND RECREATION Proposed ENVIRONMENTAL Property Sensitive Type: in wildlife floodplain: habitat ISSUES "Yes area: "No "Yes Soil "No SUBSIDENCE Subsidence Oil and/or gas area: AND wells: OIL "Yes "Yes AND "No "No GAS TOWN Use Designations: PATTERN PLAN Land CERTIFICATION Owner: application required Applicant: certify certify that I am the lawful owner of the parcel(s) of land which this application concerns and consent to Date: materials Date: this In action. filing and fees this that by I the the am information acting Town of with Gilcrest and the exhibits knowledge must be I submitted have and submitted consent prior of are the to true having property and this correct owners. application to the I understand processed. best of my that knowledge. all STAFF APPLICATION Date: By: Fee: USE ONLY ACCEPTED: Hearing Fee: Date: Fee: Fee: Fee: Page 2 of 5 I w. F • Mi flit/ p t PO Box 128 304 8th Street Gilcrest, CO 80623 (9 70) 73 7-242 6 (9 70) 73 7-242 7 fax www.townofgilcrest.org LETTERS OF SUPPORT AND COMMITMENT TO SERVE TABLE As part of the preliminary plat, site plan and vacation of right-of-way/easement applications, applicants are required to provide the Town with letters of support and commitment to serve. In order for the review agencies to properly review the application and be able to provide applicants with a letter of support and commitment to serve, the applicant will need to provide the agencies with some information about the proposed development. The following table outlines which documents should be submitted to each review agency for these four types of applications. Each document has been identified using the following system of numbers. 1. Land Use Application Form 2. Subdivisions - Technical Criteria Form 3. Context/Vicinity Map 4. Plat 5. Drainage Plan and Report 6. Grading Plan 7. Master Utility Plan 8. Open Space Plan 9. Ecological Characterization 10. Soils Report and Map 11. Geologic Report 12. Site Plan Map 13. Vacation of Right-of-Way/Easement Map 14. Traffic Report 15. Notice of Public Hearing Unless otherwise directed by a representative from the Town, the following table should be used to determine which agencies to contact and what information to provide them based on the type of application you are submitting. Page 3of5 I r_ F•noir.vvirp PO Box 128 304 8th Street Gilcrest, CO 80623 (970) 737-2426 (970) 737-2427 fax www. townofgilcrest. org Preliminary Plat Final Plat Minor Plat Zoning and Appeals Variance Type Referral Application of Agency 1,15 15 15 Adjacent Property Owners within 100 feet of property Cable Company (US Cable) 1.,4 w 114 Gilcrest Recreation District 1,4 Central Weld County Water District 1,4, 7 Colorado Department of Transportation 1,4,14 Colorado Geological ical Surrey 1,41%11 Platteville/ if :rest Fire Protection District • 1,4 r it c rest Post Office 1,4 Page 4 of 5 I ritigrt PO Box 128 304 8th Street Gilcrest, CO 80623 (970) 737-2426 (970) 737-2427 fax www. townofgilcrest. org Prelim Plat mary Final Mat Miner F'l!at Zoning Variance Type i of and Appeals Referral Application 1,4,7 Atmos Energy cel Energy 1h4,7 1,4 Spin Conservation Service 1,4 i Northern 'Colorado Water Consenranoy District I ,4 Weld County RE -1 School District 1,4 Town of Platteville 1,4 Town of LaSalle 1,4 Owest Communications 1 „4,7 1,4 1,4,-5,6,8,10 Us Army Corps of Engineers Weld County Attorney i, 1 A Weld County Commissioners - 1 i4 Weld County Depai ni lnt of Planning r 1,2,4 Weld County Health Department 1, Weld County Library District 1 Platte 'galley Soil Conservation District I ,4 Ditch Comipany, 1s4,5 Anyone with legal interests in the property All mineral rights owners a ndfor lessees "1 i4 15 1 All oil and gas owners andior lessees 1,4 1,4 Page 5of5 ATTACHMENT B COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources February 9, 2023 Drew Damiano Red Tierra Equities, L.L.C. 8301 East Prentice Ave., Suite 120 Greenwood Village, CO 80111 Re: Recommendation to Approve the Red Tierra Equities, L.L.C. Construction Materials 112c Application with Objections, Section 20 Gravel Mine, File No. M-2022-001 Dear Party and/or Interested Person: The Division of Reclamation, Mining and Safety (Division/Office/DRMS) hereby issues its recommendation to approve the Red Tierra Equities, L.L.C. (Red Tierra/Applicant) 112c application for the Section 20 Gravel Mine, File No. M-2022-001. The Division's recommendation to approve is based upon the application meeting the requirements of Section 34-32.5-115(4) of the Colorado Land Reclamation Act for the Extraction of Construction Materials (C.R.S. § 34-32.5-101, etseq). A copy of the Division's rationale for its recommendation to approve the application is enclosed for your review. The Division's recommendation to approve the Red Tierra application with an objection will be considered by the Colorado Mined Land Reclamation Board (Board) during a formal hearing, scheduled to occur March 22-23, 2023, at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. Pursuant to Rule 2.8.1(1) of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (Rules), any party who does not attend the Board hearing forfeits its party status and all associated rights and privileges. All parties and interested persons who intend to participate in the Board hearing are strongly encouraged to attend the Pre -hearing Conference. Pursuant to Rule 2.7.3(4), any party who does not attend the Pre -hearing Conference forfeits its party status and all associated rights and privileges, unless such party provides a fully executed proxy authorization form to the Pre -hearing Conference Officer and the party's authorized representative is present. The Pre -hearing Conference is scheduled for March 8, 2023, at 1:00 p.m. at 1313 Sherman Street, Room 318, Denver, Colorado, and will end no later than 2:00 p.m. The Pre -hearing Conference will be held in person with the option to appear virtually upon request. Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https: //drms.colorado.gov Jared S. Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Section 20 Recommendation Page 2 of 2 February 9, 2023 If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Enclosure: Rationale for Recommendation Ec: Russ Means; Division of Reclamation, Mining and Safety Jared Ebert; Division of Reclamation, Mining and Safety Michael Cunningham; Division of Reclamation, Mining and Safety Jeff Fugate; Esq., AGO for Division of Reclamation, Mining and Safety Charles Kooyman; Esq., AGO for the MLRB TM 4 February 9, 2023 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Drew Damiano Red Tierra Equities, L.L.C. 8301 East Prentice Ave., Suite 120 Greenwood Village, CO 80111 Re: Rationale for Recommendation for Approval of a Construction Materials 112c Application with Objections, Red Tierra Equities, L.L.C., Section 20 Gravel Mine, File No. M-2022-001 Introduction On February 9, 2023, the Division of Reclamation, Mining and Safety (Division/Office/ DBMS) issued its recommendation to approve the permit application for the Section 20 Gravel Mine, File No. M- 2022-001, over public objection. This rationale document is intended to explain the process by which the Division arrived at its recommendation for approval over public objection and respond to the issues raised by the objecting party. The Division reserves the right to further supplement, amend, modify, or clarify this document and recommendation with additional details as necessary.' Summary of the Review Process for the Application Red Tierra Equities, L.L.C. (Red Tierra/Applicant) submitted an 112c application on January 3, 2022. The application was deemed complete for the purposes of filing and review on February 9, 2022. The Section 20 Gravel Mine is a proposed 631.58 acre construction materials site divided into eight (8) mining cells; Cells 1-8. Each mining phase is approximately 25-30 acres in size. The Operator intends to mine multiple phases concurrently in order to obtain a range of material for production. The Operator estimates the size of the areas to be worked at one time will range from 25 to 120 acres. The proposed post -mining land use for the site is developed water resources. The majority of the site, Cells 3-8 will be reclaimed to lined water storage reservoirs. The mined area in the silt pond 1 Herein, all references to the Act and Rules refer to the Colorado Land Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 et seq., C.R.S. (the Act), and to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (the Rules or Rule). Copy of the Act and Rules are available through the Division's web site at https://drms.colorado.gov/. Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Section 20 Nationale February 9, 2023 Page 2 of 7 and the southwest corner of Cell 6 may be backfilled and used as future commercial sites or may be converted to a water storage facility. The site is located approximately 1 mile northwest of Gilcrest, CO in Weld County. Pursuant to Section 34-32.5-112(9)(b), Rule 1.6.2(1)(d) and Rule 1.6.5(1), the Applicant published the required public notice for the application once a week for four (4) consecutive weeks beginning on February 24, 2022 with the last date of publication on March 17, 2022. The public comment period closed on April 6, 2022. The public notices were published in the Fort Lupton Press, a publication in general circulation in the vicinity of the mine. During the public comment period, the Division received one (1) written objection and three (3) comments from the state agency listed below. Timely Letters of Objection: Person or Entity Date Objection Received Neil Shimon April 6, 2022 Timely Commenting Agency: Agency Date Comment Received Colorado Parks and Wildlife February 11, 2022 Colorado Division of Water Resources February 24, 2022 History Colorado February 28, 2022 The Division forwarded copies of the objection and comments to the Applicant and scheduled the application for a hearing before the Colorado Mined Land Reclamation Board (Board) and a Pre - hearing Conference. The Division provided notice of the scheduled Board hearing and Pre -hearing Conference to all parties and interested persons. Due to the timely objection, on the decision date the Division cannot make a decision on the application, but rather a recommendation to the Board. During the review period the Division generated seven (7) adequacy letters. The Applicant addressed all adequacy issues to the Division's satisfaction. Therefore, on February 9, 2022, the Division determined the application satisfied the requirements of C.R.S. § 34-32.5-115(4) and issued its recommendation to approve the application over objections. Issues Raised by the Objecting Party The timely objection received by the Division was categorized by the issues pertaining to the mining and reclamation activities potentially causing adverse effects to Mr. Shimon's property and the surrounding area, including; 1. Water quality and quantity of Mr. Shimon's shallow well. 2. Loss of water to Mr. Shimon's well because of the depth of the mining operation. Section 20 Nationale February 9, 2023 Page 3 of 7 3. Noise and dust pollution from the mining heavy equipment, conveyors, crushers, and trucks. 4. Road and bridge damage from the heavy truck traffic. 5. Safety of residents' running, walking and biking on the adjacent roads from the truck traffic. 6. Devaluation of Mr. Shimon's property because of the mining operations, road damage and truck traffic. 7. Loss of irrigation water. 8. Loss of farm land and commodities from that farming. These categories are listed below and titled with bold font. Jurisdictional Items 1. Groundwater and Surface Water Concerns including; water quality and quantity of Mr. Shimon's shallow well (Item #1), loss of water to Mr. Shimon's well because of the depth of the mining operation (Item #2) and loss of irrigation water (Item #7). Based on the Division's review of the Colorado Division of Water Resouces (DWR) well permit database, Mr. Shimon's irrigation well is unregistered with the DWR with no legal support. The Shimon's residence is served by Central Colorado Water Conservancy according to Mr. Shimon. The mining activities at the proposed site will be primarily conducted using dry mining methods, including all the mining cells along Weld County Road 29, which is located west of the Shimon's property. Prior to exposing groundwater in the mining cells, a bentonite soil slurry wall will be constructed around each cell. The slurry wall will isolate the mining cells from the surrounding groundwater. The slurry walls will act as a barrier protecting the surrounding groundwater from any pollutants in the mining cells and from impacts to the surrounding hydrologic balance. The construction of the slurry walls will be evaluated and approved by the DWR to ensure proper construction by the Applicant. The slurry walls will form a barrier to groundwater flow at the proposed site without the proposed mitigation measures. The up -gradient side of the site, south side, is estimated to see mounding (increase) of the groundwater elevation and the down -gradient side of the site, north side, is estimated to see shadowing (decrease) of the groundwater elevation. The Shimon's property is located on the east side of the site and is projected to see mounding of the groundwater elevation. The Applicant installed seven (7) monitoring to investigate the groundwater on the Section 20 property. The depth to groundwater indicates the direction of flow of groundwater is predominantly from the south to north. Monitoring well #4 is located west of the Shimon's property and on the west side of WCR 29. The Applicant will be required to monitor and report the groundwater elevations for eighteen (18) months in order to obtain a baseline elevation. The monitoring wells will be measured monthly by the Applicant for the life of the mine to demonstrate the surrounding wells have not been negatively impacted from the mining operation. Section 20 Nationale February 9, 2023 Page 4of7 The Applicant submitted a groundwater model titled, "Gilcrest Area Alluvial Groundwater Model — Potential Impacts of Proposed Gravel Mine" with the application. The model took into consideration the operations proposed at the Section 20 site and the Monarch DENM site. The Monarch DENM site is an approved permit application located immediately west of the proposed Section 20 property. The model predicts an increase in the groundwater elevation at the Shimon's property of 4.9 feet with the final construction of the proposed Section 20 slurry walls and an increase of 6.7 feet with the completion of the proposed slurry walls for the Section 20 and the Monarch DENM sites without the proposed mitigations measures. The installation of the proposed mitigation measures decrease the projected rise of groundwater to 0.10 feet at the Shimon's property. The primary proposed mitigation plan involves the installation of underdrains or a series of wells to remove groundwater from the aquifer along the southern boundary of the site. The removed groundwater will be conveyed to a manhole located at the mid -point of the southern permit boundary and piped to an infiltration pond located on the north end of the permit boundary. All mitigation structures are located within the proposed permit boundary. The secondary proposed mitigation plan would collect groundwater along the southern permit boundary, the same manner as stated above, but the removed groundwater would be conveyed in a pipe and discharged South Platte River. If the Applicant were to utilize the secondary mitigation measures, they are required to submit and obtain approval of an amendment application due to the increase in affected lands to the permit. Both mitigation plans are designed to maintain the groundwater elevation at or slightly above the historic groundwater elevations on the Shimon's property. Finally, any impacts to the groundwater elevation will dissipate with distance away from the permit boundary. The Division reviewed and accepted the groundwater model for the Section 20 permit application. The Applicant submitted a groundwater quantity monitoring plan with the groundwater report. The monitoring wells will be measured monthly to identify potential changes in the groundwater flow or elevation associated with mining and reclamation activities. Baseline data will be collected prior to dewatering or construction of the slurry walls. The baseline data will provide a range of relative groundwater elevation associated with pre -mining groundwater conditions. Groundwater elevations tend to fluctuate seasonally with the highest elevations during the summer irrigation season and the lowest elevations in the winter and early spring. If the Applicant receives a complaint or if a defined groundwater elevation trigger point is reached, the following mitigation plan will be implemented by the Applicant. If during mining or reclamation, the groundwater elevation at monitoring wells #5 (MW -5) or #6 (MW -6) indicate mounding of more than two (2) feet and the condition was not observed during baseline monitoring, or if the Applicant and/or the Division receives a complaint from any water user within the vicinity of the site, the Applicant will notify the Division, evaluate the cause and take action within 7 days of the complaint. After the Division is notified, the Applicant will review the data and available information and submit a report to the Division within 30 days. The report will include discussions with the water Section 20 Nationale February 9, 2023 Page 5 of 7 user who contacted the Applicant regarding a concern and a review of baseline data from the affected well and vicinity to evaluate whether changes were due to seasonal variations, climate, mining, slurry wall installation or other factors. The report will identify the extent of potential or actual impacts associated with the factors. If the mining or reclamation activities are determined to be due to or a significant contributing factor to the groundwater impacts, the impacts will be address by the Applicant to the satisfaction of the Division. The Applicant will implement one (1) or more mitigation measures if the mining and reclamation activities are determined to be a significant factor to the groundwater impacts. Mitigation measures may include, but are not limited to: • Placing water in a recharge pond to raise groundwater elevations around the impacted well. • Constructing a local clay liner at the edge of the mining cell (i.e. between the dewatering point and the well) in order to raise groundwater elevations on the well side of the liner and mitigate the dewatering effects. • Rehabilitating the well to improve efficiency. • Providing an alternative source of water or purchasing additional water to support the historic well use in terms of water quantity and quality. The groundwater quality parameters will be checked in the affected well(s) to ensure the alternative sources supports the historic use. • Modifying a well to operate under lower groundwater conditions. This could include deepening the well or lowering pumps. All work would be done at the Applicant's expense with the exception of replacing non-functional equipment in -place prior to the mining activities. The Applicant submitted a groundwater quality monitoring plan in the groundwater report. In order to establish pre -mining groundwater quality for the site, the Applicant will sample monitoring well #2 (MW -2) on the downgradient side of the site and monitoring well #5 (MW -5) on the up - gradient side of the site prior to starting mining operations. The Applicant will sample MW -2 annually during the same quarter as the initial baseline monitoring. The groundwater quality samples will be tested for the analysts listed in Tables 1 through 4 of "The Basic Standards for Ground Water," excluding the radiological section of Table 1. The Applicant will notify the Division within 7 days of receiving a lab report indicating any exceedance of the standards set forth in Tables 1 through 4. The groundwater quality lab results will be included in the annual report for the site. Annual groundwater testing will be conducted for the life of the mine unless the requirement is reduced or eliminated through the Technical Revision process with the Division. The proposed Mining Plan states all ditches transporting water across the site will remain or will be piped across the site to allow for continued use. The Division finds the Applicant's plan shall minimize disturbances to the prevailing hydrologic balance of the affected land and surrounding area. Additionally, the Applicant shall implement the groundwater quantity and quality monitoring plans for the site as discussed above. These plans will Section 20 Nationale February 9, 2023 Page b of 7 adequately detect impacts to the hydrologic balance. Red Tierra shall be required to comply with all applicable federal and state water quality laws in accordance with Rule 3.1.6. The Division finds the Applicant provided the information required to address the potential groundwater quality and quantity impacts at the site in accordance with Rules 6.4.4, 6.4.7 and C.R.S. 34-32.5-116(4)(h). Non -Jurisdictional Items 2. Noise and dust pollution from the mining heavy equipment, conveyors, crushers, and trucks (Item #3). The Act and Rules do not specifically address noise and dust pollution from the mining heavy equipment, conveyors, crushers and trucks. The issue of air quality is under the jurisdiction of Weld County, the Town of Gilcrest and the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment (CDPHE). The Applicant committed to obtain an Air Pollution Emissions Notice (APEN) and Construction Air Permit from the CDPHE. The issues of noise levels are typically addressed at the local government level, not at the State government level. These issues should be addressed through the Weld County and Town of Gilcrest permitting process. 3. Road and bridge damage from the heavy truck traffic (Item #4). The Act and Rules do not specifically address road and bridge damage from heavy truck traffic for roads located outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 4. Safety of residents' running, walking and biking on the adjacent roads from the truck traffic (Item #5). The Act and Rules do not specifically address safety of residents' running, walking and biking on the adjacent roads from the truck traffic outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 5. Devaluation of Mr. Shimon's property because of the mining operations, road damage and truck traffic (Item #6). The Act and Rules do not specifically address the devaluation of property values, road damage and truck traffic outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues Section 20 Nationale February 9, 2023 Page 7 of 7 should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 6. Loss of farm land and commodities from that farming (Item #8). The Applicant must comply with the requirements of the Act and Rules and all applicable performance standards if the permit application is approved by the Board. The Applicant is obligated to protect areas outside the affected land from slides and damage pursuant to Rule 3.1.5(3) and C.R.S. § 34-32.5-116(4)(1) and to prevent disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and during reclamation pursuant to Rule 3.1.6(1) and C.R.S. § 34-32.5-116(4)(h). Zoning determinations and changes are under the jurisdiction of Weld County and the Town of Gilcrest. These issues should be addressed through the permitting processes of Weld County and the Town of Gilcrest. Conclusion After conducting a thorough technical review of the application, as outlined in part in the discussion above, on February 9, 2023, the Division determined the application satisfied the requirements of the Act and Rules, and specifically C.R.S. § 34-32.5-115(4), and issued its recommendation to approve the Construction Materials 112 application for the Section 20 Gravel Mine, File No. M- 2022-001. COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources February 9, 2023 Neil Shimon 20300 CR 29 Platteville, CO 80651 Re: Recommendation to Approve the Red Tierra Equities, L.L.C. Construction Materials 112c Application with Objections, Section 20 Gravel Mine, File No. M-2022-001 Dear Party and/or Interested Person: The Division of Reclamation, Mining and Safety (Division/Office/DRMS) hereby issues its recommendation to approve the Red Tierra Equities, L.L.C. (Red Tierra/Applicant) 112c application for the Section 20 Gravel Mine, File No. M-2022-001. The Division's recommendation to approve is based upon the application meeting the requirements of Section 34-32.5-115(4) of the Colorado Land Reclamation Act for the Extraction of Construction Materials (C.R.S. § 34-32.5-101, et seq). A copy of the Division's rationale for its recommendation to approve the application is enclosed for your review. The Division's recommendation to approve the Red Tierra application with an objection will be considered by the Colorado Mined Land Reclamation Board (Board) during a formal hearing, scheduled to occur March 22-23, 2023, at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. Pursuant to Rule 2.8.1(1) of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (Rules), any party who does not attend the Board hearing forfeits its party status and all associated rights and privileges. All parties and interested persons who intend to participate in the Board hearing are strongly encouraged to attend the Pre -hearing Conference. Pursuant to Rule 2.7.3(4), any party who does not attend the Pre -hearing Conference forfeits its party status and all associated rights and privileges, unless such party provides a fully executed proxy authorization form to the Pre -hearing Conference Officer and the party's authorized representative is present. The Pre -hearing Conference is scheduled for March 8, 2023, at 1:00 p.m. at 1313 Sherman Street, Room 318, Denver, Colorado, and will end no later than 2:00 p.m. The Pre -hearing Conference will be held in person with the option to appear virtually upon request. If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https: //drms.colorado.gov Jared S. Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Section 20 Recommendation Page 2 of 2 February 9, 2023 Sincerely, Y/ Peter S. Hays Environmental Protection Specialist Enclosure: Rationale for Recommendation Ec: Russ Means; Division of Reclamation, Mining and Safety Jared Ebert; Division of Reclamation, Mining and Safety Michael Cunningham; Division of Reclamation, Mining and Safety Jeff Fugate; Esq., AGO for Division of Reclamation, Mining and Safety Charles Kooyman; Esq., AGO for the MLRB COLORADO TM 4 February 9, 2023 Division of Reclamation, Mining and Safety Department of Natural Resources Neil Shimon 20300 CR 29 Platteville, CO 80651 Re: Rationale for Recommendation for Approval of a Construction Materials 112c Application with Objections, Red Tierra Equities, L.L.C., Section 20 Gravel Mine, File No. M-2022-001 Introduction On February 9, 2023, the Division of Reclamation, Mining and Safety (Division/Office/ DRMS) issued its recommendation to approve the permit application for the Section 20 Gravel Mine, File No. M- 2022-001, over public objection. This rationale document is intended to explain the process by which the Division arrived at its recommendation for approval over public objection and respond to the issues raised by the objecting party. The Division reserves the right to further supplement, amend, modify, or clarify this document and recommendation with additional details as necessary.' Summary of the Review Process for the Application Red Tierra Equities, L.L.C. (Red Tierra/Applicant) submitted an 112c application on January 3, 2022. The application was deemed complete for the purposes of filing and review on February 9, 2022. The Section 20 Gravel Mine is a proposed 631.58 acre construction materials site divided into eight (8) mining cells; Cells 1-8. Each mining phase is approximately 25-30 acres in size. The Operator intends to mine multiple phases concurrently in order to obtain a range of material for production. The Operator estimates the size of the areas to be worked at one time will range from 25 to 120 acres. The proposed post -mining land use for the site is developed water resources. The majority of the site, Cells 3-8 will be reclaimed to lined water storage reservoirs. The mined area in the silt pond and the southwest corner of Cell 6 may be backfilled and used as future commercial sites or may be converted to a water storage facility. 1 Herein, all references to the Act and Rules refer to the Colorado Land Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 et seq., C.R.S. (the Act), and to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (the Rules or Rule). Copy of the Act and Rules are available through the Division's web site at https://drms.colorado.gov/. Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Section 20 Nationale February 9, 2023 Page 2 of 7 The site is located approximately 1 mile northwest of Gilcrest, CO in Weld County. Pursuant to Section 34-32.5-112(9)(b), Rule 1.6.2(1)(d) and Rule 1.6.5(1), the Applicant published the required public notice for the application once a week for four (4) consecutive weeks beginning on February 24, 2022 with the last date of publication on March 17, 2022. The public comment period closed on April 6, 2022. The public notices were published in the Fort Lupton Press, a publication in general circulation in the vicinity of the mine. During the public comment period, the Division received one (1) written objection and three (3) comments from the state agency listed below. Timely Letters of Objection: Person or Entity Date Objection Received Neil Shimon April 6, 2022 Timely Commenting Agency: Agency Date Comment Received Colorado Parks and Wildlife February 11, 2022 Colorado Division of Water Resources February 24, 2022 History Colorado February 28, 2022 The Division forwarded copies of the objection and comments to the Applicant and scheduled the application for a hearing before the Colorado Mined Land Reclamation Board (Board) and a Pre - hearing Conference. The Division provided notice of the scheduled Board hearing and Pre -hearing Conference to all parties and interested persons. Due to the timely objection, on the decision date the Division cannot make a decision on the application, but rather a recommendation to the Board. During the review period the Division generated seven (7) adequacy letters. The Applicant addressed all adequacy issues to the Division's satisfaction. Therefore, on February 9, 2022, the Division determined the application satisfied the requirements of C.R.S. § 34-32.5-115(4) and issued its recommendation to approve the application over objections. Issues Raised by the Objecting Party The timely objection received by the Division was categorized by the issues pertaining to the mining and reclamation activities potentially causing adverse effects to Mr. Shimon's property and the surrounding area, including; 1. Water quality and quantity of Mr. Shimon's shallow well. 2. Loss of water to Mr. Shimon's well because of the depth of the mining operation. 3. Noise and dust pollution from the mining heavy equipment, conveyors, crushers, and trucks. 4. Road and bridge damage from the heavy truck traffic. Section 20 Nationale February 9, 2023 Page 3 of 7 S. Safety of residents' running, walking and biking on the adjacent roads from the truck traffic. 6. Devaluation of Mr. Shimon's property because of the mining operations, road damage and truck traffic. 7. Loss of irrigation water. S. Loss of farm land and commodities from that farming. These categories are listed below and titled with bold font. Jurisdictional Items 1. Groundwater and Surface Water Concerns including; water quality and quantity of Mr. Shimon's shallow well (Item #1), loss of water to Mr. Shimon's well because of the depth of the mining operation (Item #2) and loss of irrigation water (Item #7). Based on the Division's review of the Colorado Division of Water Resouces (DWR) well permit database, Mr. Shimon's irrigation well is unregistered with the DWR with no legal support. The Shimon's residence is served by Central Colorado Water Conservancy according to Mr. Shimon. The mining activities at the proposed site will be primarily conducted using dry mining methods, including all the mining cells along Weld County Road 29, which is located west of the Shimon's property. Prior to exposing groundwater in the mining cells, a bentonite soil slurry wall will be constructed around each cell. The slurry wall will isolate the mining cells from the surrounding groundwater. The slurry walls will act as a barrier protecting the surrounding groundwater from any pollutants in the mining cells and from impacts to the surrounding hydrologic balance. The construction of the slurry walls will be evaluated and approved by the DWR to ensure proper construction by the Applicant. The slurry walls will form a barrier to groundwater flow at the proposed site without the proposed mitigation measures. The up -gradient side of the site, south side, is estimated to see mounding (increase) of the groundwater elevation and the down -gradient side of the site, north side, is estimated to see shadowing (decrease) of the groundwater elevation. The Shimon's property is located on the east side of the site and is projected to see mounding of the groundwater elevation. The Applicant installed seven (7) monitoring to investigate the groundwater on the Section 20 property. The depth to groundwater indicates the direction of flow of groundwater is predominantly from the south to north. Monitoring well #4 is located west of the Shimon's property and on the west side of WCR 29. The Applicant will be required to monitor and report the groundwater elevations for eighteen (18) months in order to obtain a baseline elevation. The monitoring wells will be measured monthly by the Applicant for the life of the mine to demonstrate the surrounding wells have not been negatively impacted from the mining operation. Section 20 Nationale February 9, 2023 Page 4of7 The Applicant submitted a groundwater model titled, "Gilcrest Area Alluvial Groundwater Model — Potential Impacts of Proposed Gravel Mine" with the application. The model took into consideration the operations proposed at the Section 20 site and the Monarch DENM site. The Monarch DENM site is an approved permit application located immediately west of the proposed Section 20 property. The model predicts an increase in the groundwater elevation at the Shimon's property of 4.9 feet with the final construction of the proposed Section 20 slurry walls and an increase of 6.7 feet with the completion of the proposed slurry walls for the Section 20 and the Monarch DENM sites without the proposed mitigations measures. The installation of the proposed mitigation measures decrease the projected rise of groundwater to 0.10 feet at the Shimon's property. The primary proposed mitigation plan involves the installation of underdrains or a series of wells to remove groundwater from the aquifer along the southern boundary of the site. The removed groundwater will be conveyed to a manhole located at the mid -point of the southern permit boundary and piped to an infiltration pond located on the north end of the permit boundary. All mitigation structures are located within the proposed permit boundary. The secondary proposed mitigation plan would collect groundwater along the southern permit boundary, the same manner as stated above, but the removed groundwater would be conveyed in a pipe and discharged South Platte River. If the Applicant were to utilize the secondary mitigation measures, they are required to submit and obtain approval of an amendment application due to the increase in affected lands to the permit. Both mitigation plans are designed to maintain the groundwater elevation at or slightly above the historic groundwater elevations on the Shimon's property. Finally, any impacts to the groundwater elevation will dissipate with distance away from the permit boundary. The Division reviewed and accepted the groundwater model for the Section 20 permit application. The Applicant submitted a groundwater quantity monitoring plan with the groundwater report. The monitoring wells will be measured monthly to identify potential changes in the groundwater flow or e levation associated with mining and reclamation activities. Baseline data will be collected prior to dewatering or construction of the slurry walls. The baseline data will provide a range of relative groundwater elevation associated with pre -mining groundwater conditions. Groundwater e levations tend to fluctuate seasonally with the highest elevations during the summer irrigation season and the lowest elevations in the winter and early spring. If the Applicant receives a complaint or if a defined groundwater elevation trigger point is reached, the following mitigation plan will be implemented by the Applicant. If during mining or reclamation, the groundwater elevation at monitoring wells #5 (MW -5) or #6 (MW -6) indicate mounding of more than two (2) feet and the condition was not observed during baseline monitoring, or if the Applicant and/or the Division receives a complaint from any water user within the vicinity of the site, the Applicant will notify the Division, evaluate the cause and take action within 7 days of the complaint. After the Division is notified, the Applicant will review the data and available information and submit a report to the Division within 30 days. The report will include discussions with the water u ser who contacted the Applicant regarding a concern and a review of baseline data from the Section 20 Nationale February 9, 2023 Page 5 of 7 affected well and vicinity to evaluate whether changes were due to seasonal variations, climate, mining, slurry wall installation or other factors. The report will identify the extent of potential or actual impacts associated with the factors. If the mining or reclamation activities are determined to be due to or a significant contributing factor to the groundwater impacts, the impacts will be address by the Applicant to the satisfaction of the Division. The Applicant will implement one (1) or more mitigation measures if the mining and reclamation activities are determined to be a significant factor to the groundwater impacts. Mitigation measures may include, but are not limited to: • Placing water in a recharge pond to raise groundwater elevations around the impacted well. • Constructing a local clay liner at the edge of the mining cell (i.e. between the dewatering point and the well) in order to raise groundwater elevations on the well side of the liner and mitigate the dewatering effects. • Rehabilitating the well to improve efficiency. • Providing an alternative source of water or purchasing additional water to support the historic well use in terms of water quantity and quality. The groundwater quality parameters will be checked in the affected well(s) to ensure the alternative sources supports the historic use. • Modifying a well to operate under lower groundwater conditions. This could include deepening the well or lowering pumps. All work would be done at the Applicant's expense with the exception of replacing non-functional equipment in -place prior to the mining activities. The Applicant submitted a groundwater quality monitoring plan in the groundwater report. In order to establish pre -mining groundwater quality for the site, the Applicant will sample monitoring well #2 (MW -2) on the downgradient side of the site and monitoring well #5 (MW -5) on the up - gradient side of the site prior to starting mining operations. The Applicant will sample MW -2 annually during the same quarter as the initial baseline monitoring. The groundwater quality samples will be tested for the analysts listed in Tables 1 through 4 of "The Basic Standards for Ground Water," excluding the radiological section of Table 1. The Applicant will notify the Division within 7 days of receiving a lab report indicating any exceedance of the standards set forth in Tables 1 through 4. The groundwater quality lab results will be included in the annual report for the site. Annual groundwater testing will be conducted for the life of the mine unless the requirement is reduced or eliminated through the Technical Revision process with the Division. The proposed Mining Plan states all ditches transporting water across the site will remain or will be piped across the site to allow for continued use. The Division finds the Applicant's plan shall minimize disturbances to the prevailing hydrologic balance of the affected land and surrounding area. Additionally, the Applicant shall implement the groundwater quantity and quality monitoring plans for the site as discussed above. These plans will adequately detect impacts to the hydrologic balance. Red Tierra shall be required to comply with Section 20 Nationale February 9, 2023 Page b of 7 all applicable federal and state water quality laws in accordance with Rule 3.1.6. The Division finds the Applicant provided the information required to address the potential groundwater quality and quantity impacts at the site in accordance with Rules 6.4.4, 6.4.7 and C.R.S. 34-32.5-116(4)(h). Non -Jurisdictional Items 2. Noise and dust pollution from the mining heavy equipment, conveyors, crushers, and trucks (Item #3). The Act and Rules do not specifically address noise and dust pollution from the mining heavy equipment, conveyors, crushers and trucks. The issue of air quality is under the jurisdiction of Weld County, the Town of Gilcrest and the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment (CDPHE). The Applicant committed to obtain an Air Pollution Emissions Notice (APEN) and Construction Air Permit from the CDPHE. The issues of noise levels are typically addressed at the local government level, not at the State government level. These issues should be addressed through the Weld County and Town of Gilcrest permitting process. 3. Road and bridge damage from the heavy truck traffic (Item #4). The Act and Rules do not specifically address road and bridge damage from heavy truck traffic for roads located outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 4. Safety of residents' running, walking and biking on the adjacent roads from the truck traffic (Item #5). The Act and Rules do not specifically address safety of residents' running, walking and biking on the adjacent roads from the truck traffic outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 5. Devaluation of Mr. Shimon's property because of the mining operations, road damage and truck traffic (Item #6). The Act and Rules do not specifically address the devaluation of property values, road damage and truck traffic outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. Section 20 Nationale February 9, 2023 Page 7 of 7 6. Loss of farm land and commodities from that farming (Item #8). The Applicant must comply with the requirements of the Act and Rules and all applicable performance standards if the permit application is approved by the Board. The Applicant is obligated to protect areas outside the affected land from slides and damage pursuant to Rule 3.1.5(3) and C.R.S. § 34-32.5-116(4)(1) and to prevent disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and during reclamation pursuant to Rule 3.1.6(1) and C.R.S. § 34-32.5-116(4)(h). Zoning determinations and changes are under the jurisdiction of Weld County and the Town of Gilcrest. These issues should be addressed through the permitting processes of Weld County and the Town of G i lcrest. Conclusion After conducting a thorough technical review of the application, as outlined in part in the discussion above, on February 9, 2023, the Division determined the application satisfied the requirements of the Act and Rules, and specifically C.R.S. § 34-32.5-115(4), and issued its recommendation to approve the Construction Materials 112 application for the Section 20 Gravel Mine, File No. M- 2022-001. COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources February 9, 2023 Kyle Regan Civil Resources, LLC 8308 Colorado Blvd., Suite 200 Firestone , CO 80504 Re: Recommendation to Approve the Red Tierra Equities, L.L.C. Construction Materials 112c Application with Objections, Section 20 Gravel Mine, File No. M-2022-001 Dear Party and/or Interested Person: The Division of Reclamation, Mining and Safety (Division/Office/DRMS) hereby issues its recommendation to approve the Red Tierra Equities, L.L.C. (Red Tierra/Applicant) 112c application for the Section 20 Gravel Mine, File No. M-2022-001. The Division's recommendation to approve is based upon the application meeting the requirements of Section 34-32.5-115(4) of the Colorado Land Reclamation Act for the Extraction of Construction Materials (C.R.S. § 34-32.5-101, etseq). A copy of the Division's rationale for its recommendation to approve the application is enclosed for your review. The Division's recommendation to approve the Red Tierra application with an objection will be considered by the Colorado Mined Land Reclamation Board (Board) during a formal hearing, scheduled to occur March 22-23, 2023, at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. Pursuant to Rule 2.8.1(1) of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (Rules), any party who does not attend the Board hearing forfeits its party status and all associated rights and privileges. All parties and interested persons who intend to participate in the Board hearing are strongly encouraged to attend the Pre -hearing Conference. Pursuant to Rule 2.7.3(4), any party who does not attend the Pre -hearing Conference forfeits its party status and all associated rights and privileges, unless such party provides a fully executed proxy authorization form to the Pre -hearing Conference Officer and the party's authorized representative is present. The Pre -hearing Conference is scheduled for March 8, 2023, at 1:00 p.m. at 1313 Sherman Street, Room 318, Denver, Colorado, and will end no later than 2:00 p.m. The Pre -hearing Conference will be held in person with the option to appear virtually upon request. Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https: //drms.colorado.gov Jared S. Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Section 20 Recommendation Page 2 of 2 February 9, 2023 If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Enclosure: Rationale for Recommendation Ec: Russ Means; Division of Reclamation, Mining and Safety Jared Ebert; Division of Reclamation, Mining and Safety Michael Cunningham; Division of Reclamation, Mining and Safety Jeff Fugate; Esq., AGO for Division of Reclamation, Mining and Safety Charles Kooyman; Esq., AGO for the MLRB TM 4 February 9, 2023 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Kyle Regan Civil Resources, LLC 8308 Colorado Blvd., Suite 200 Firestone , CO 80504 Re: Rationale for Recommendation for Approval of a Construction Materials 112c Application with Objections, Red Tierra Equities, L.L.C., Section 20 Gravel Mine, File No. M-2022-001 Introduction On February 9, 2023, the Division of Reclamation, Mining and Safety (Division/Office/ DBMS) issued its recommendation to approve the permit application for the Section 20 Gravel Mine, File No. M- 2022-001, over public objection. This rationale document is intended to explain the process by which the Division arrived at its recommendation for approval over public objection and respond to the issues raised by the objecting party. The Division reserves the right to further supplement, amend, modify, or clarify this document and recommendation with additional details as necessary.' Summary of the Review Process for the Application Red Tierra Equities, L.L.C. (Red Tierra/Applicant) submitted an 112c application on January 3, 2022. The application was deemed complete for the purposes of filing and review on February 9, 2022. The Section 20 Gravel Mine is a proposed 631.58 acre construction materials site divided into eight (8) mining cells; Cells 1-8. Each mining phase is approximately 25-30 acres in size. The Operator intends to mine multiple phases concurrently in order to obtain a range of material for production. The Operator estimates the size of the areas to be worked at one time will range from 25 to 120 acres. The proposed post -mining land use for the site is developed water resources. The majority of the site, Cells 3-8 will be reclaimed to lined water storage reservoirs. The mined area in the silt pond 1 Herein, all references to the Act and Rules refer to the Colorado Land Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 et seq., C.R.S. (the Act), and to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (the Rules or Rule). Copy of the Act and Rules are available through the Division's web site at https://drms.colorado.gov/. Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Section 20 Nationale February 9, 2023 Page 2 of 7 and the southwest corner of Cell 6 may be backfilled and used as future commercial sites or may be converted to a water storage facility. The site is located approximately 1 mile northwest of Gilcrest, CO in Weld County. Pursuant to Section 34-32.5-112(9)(b), Rule 1.6.2(1)(d) and Rule 1.6.5(1), the Applicant published the required public notice for the application once a week for four (4) consecutive weeks beginning on February 24, 2022 with the last date of publication on March 17, 2022. The public comment period closed on April 6, 2022. The public notices were published in the Fort Lupton Press, a publication in general circulation in the vicinity of the mine. During the public comment period, the Division received one (1) written objection and three (3) comments from the state agency listed below. Timely Letters of Objection: Person or Entity Date Objection Received Neil Shimon April 6, 2022 Timely Commenting Agency: Agency Date Comment Received Colorado Parks and Wildlife February 11, 2022 Colorado Division of Water Resources February 24, 2022 History Colorado February 28, 2022 The Division forwarded copies of the objection and comments to the Applicant and scheduled the application for a hearing before the Colorado Mined Land Reclamation Board (Board) and a Pre - hearing Conference. The Division provided notice of the scheduled Board hearing and Pre -hearing Conference to all parties and interested persons. Due to the timely objection, on the decision date the Division cannot make a decision on the application, but rather a recommendation to the Board. During the review period the Division generated seven (7) adequacy letters. The Applicant addressed all adequacy issues to the Division's satisfaction. Therefore, on February 9, 2022, the Division determined the application satisfied the requirements of C.R.S. § 34-32.5-115(4) and issued its recommendation to approve the application over objections. Issues Raised by the Objecting Party The timely objection received by the Division was categorized by the issues pertaining to the mining and reclamation activities potentially causing adverse effects to Mr. Shimon's property and the surrounding area, including; 1. Water quality and quantity of Mr. Shimon's shallow well. 2. Loss of water to Mr. Shimon's well because of the depth of the mining operation. Section 20 Nationale February 9, 2023 Page 3 of 7 3. Noise and dust pollution from the mining heavy equipment, conveyors, crushers, and trucks. 4. Road and bridge damage from the heavy truck traffic. 5. Safety of residents' running, walking and biking on the adjacent roads from the truck traffic. 6. Devaluation of Mr. Shimon's property because of the mining operations, road damage and truck traffic. 7. Loss of irrigation water. 8. Loss of farm land and commodities from that farming. These categories are listed below and titled with bold font. Jurisdictional Items 1. Groundwater and Surface Water Concerns including; water quality and quantity of Mr. Shimon's shallow well (Item #1), loss of water to Mr. Shimon's well because of the depth of the mining operation (Item #2) and loss of irrigation water (Item #7). Based on the Division's review of the Colorado Division of Water Resouces (DWR) well permit database, Mr. Shimon's irrigation well is unregistered with the DWR with no legal support. The Shimon's residence is served by Central Colorado Water Conservancy according to Mr. Shimon. The mining activities at the proposed site will be primarily conducted using dry mining methods, including all the mining cells along Weld County Road 29, which is located west of the Shimon's property. Prior to exposing groundwater in the mining cells, a bentonite soil slurry wall will be constructed around each cell. The slurry wall will isolate the mining cells from the surrounding groundwater. The slurry walls will act as a barrier protecting the surrounding groundwater from any pollutants in the mining cells and from impacts to the surrounding hydrologic balance. The construction of the slurry walls will be evaluated and approved by the DWR to ensure proper construction by the Applicant. The slurry walls will form a barrier to groundwater flow at the proposed site without the proposed mitigation measures. The up -gradient side of the site, south side, is estimated to see mounding (increase) of the groundwater elevation and the down -gradient side of the site, north side, is estimated to see shadowing (decrease) of the groundwater elevation. The Shimon's property is located on the east side of the site and is projected to see mounding of the groundwater elevation. The Applicant installed seven (7) monitoring to investigate the groundwater on the Section 20 property. The depth to groundwater indicates the direction of flow of groundwater is predominantly from the south to north. Monitoring well #4 is located west of the Shimon's property and on the west side of WCR 29. The Applicant will be required to monitor and report the groundwater elevations for eighteen (18) months in order to obtain a baseline elevation. The monitoring wells will be measured monthly by the Applicant for the life of the mine to demonstrate the surrounding wells have not been negatively impacted from the mining operation. Section 20 Nationale February 9, 2023 Page 4of7 The Applicant submitted a groundwater model titled, "Gilcrest Area Alluvial Groundwater Model — Potential Impacts of Proposed Gravel Mine" with the application. The model took into consideration the operations proposed at the Section 20 site and the Monarch DENM site. The Monarch DENM site is an approved permit application located immediately west of the proposed Section 20 property. The model predicts an increase in the groundwater elevation at the Shimon's property of 4.9 feet with the final construction of the proposed Section 20 slurry walls and an increase of 6.7 feet with the completion of the proposed slurry walls for the Section 20 and the Monarch DENM sites without the proposed mitigations measures. The installation of the proposed mitigation measures decrease the projected rise of groundwater to 0.10 feet at the Shimon's property. The primary proposed mitigation plan involves the installation of underdrains or a series of wells to remove groundwater from the aquifer along the southern boundary of the site. The removed groundwater will be conveyed to a manhole located at the mid -point of the southern permit boundary and piped to an infiltration pond located on the north end of the permit boundary. All mitigation structures are located within the proposed permit boundary. The secondary proposed mitigation plan would collect groundwater along the southern permit boundary, the same manner as stated above, but the removed groundwater would be conveyed in a pipe and discharged South Platte River. If the Applicant were to utilize the secondary mitigation measures, they are required to submit and obtain approval of an amendment application due to the increase in affected lands to the permit. Both mitigation plans are designed to maintain the groundwater elevation at or slightly above the historic groundwater elevations on the Shimon's property. Finally, any impacts to the groundwater elevation will dissipate with distance away from the permit boundary. The Division reviewed and accepted the groundwater model for the Section 20 permit application. The Applicant submitted a groundwater quantity monitoring plan with the groundwater report. The monitoring wells will be measured monthly to identify potential changes in the groundwater flow or elevation associated with mining and reclamation activities. Baseline data will be collected prior to dewatering or construction of the slurry walls. The baseline data will provide a range of relative groundwater elevation associated with pre -mining groundwater conditions. Groundwater elevations tend to fluctuate seasonally with the highest elevations during the summer irrigation season and the lowest elevations in the winter and early spring. If the Applicant receives a complaint or if a defined groundwater elevation trigger point is reached, the following mitigation plan will be implemented by the Applicant. If during mining or reclamation, the groundwater elevation at monitoring wells #5 (MW -5) or #6 (MW -6) indicate mounding of more than two (2) feet and the condition was not observed during baseline monitoring, or if the Applicant and/or the Division receives a complaint from any water user within the vicinity of the site, the Applicant will notify the Division, evaluate the cause and take action within 7 days of the complaint. After the Division is notified, the Applicant will review the data and available information and submit a report to the Division within 30 days. The report will include discussions with the water Section 20 Nationale February 9, 2023 Page 5 of 7 user who contacted the Applicant regarding a concern and a review of baseline data from the affected well and vicinity to evaluate whether changes were due to seasonal variations, climate, mining, slurry wall installation or other factors. The report will identify the extent of potential or actual impacts associated with the factors. If the mining or reclamation activities are determined to be due to or a significant contributing factor to the groundwater impacts, the impacts will be address by the Applicant to the satisfaction of the Division. The Applicant will implement one (1) or more mitigation measures if the mining and reclamation activities are determined to be a significant factor to the groundwater impacts. Mitigation measures may include, but are not limited to: • Placing water in a recharge pond to raise groundwater elevations around the impacted well. • Constructing a local clay liner at the edge of the mining cell (i.e. between the dewatering point and the well) in order to raise groundwater elevations on the well side of the liner and mitigate the dewatering effects. • Rehabilitating the well to improve efficiency. • Providing an alternative source of water or purchasing additional water to support the historic well use in terms of water quantity and quality. The groundwater quality parameters will be checked in the affected well(s) to ensure the alternative sources supports the historic use. • Modifying a well to operate under lower groundwater conditions. This could include deepening the well or lowering pumps. All work would be done at the Applicant's expense with the exception of replacing non-functional equipment in -place prior to the mining activities. The Applicant submitted a groundwater quality monitoring plan in the groundwater report. In order to establish pre -mining groundwater quality for the site, the Applicant will sample monitoring well #2 (MW -2) on the downgradient side of the site and monitoring well #5 (MW -5) on the up - gradient side of the site prior to starting mining operations. The Applicant will sample MW -2 annually during the same quarter as the initial baseline monitoring. The groundwater quality samples will be tested for the analysts listed in Tables 1 through 4 of "The Basic Standards for Ground Water," excluding the radiological section of Table 1. The Applicant will notify the Division within 7 days of receiving a lab report indicating any exceedance of the standards set forth in Tables 1 through 4. The groundwater quality lab results will be included in the annual report for the site. Annual groundwater testing will be conducted for the life of the mine unless the requirement is reduced or eliminated through the Technical Revision process with the Division. The proposed Mining Plan states all ditches transporting water across the site will remain or will be piped across the site to allow for continued use. The Division finds the Applicant's plan shall minimize disturbances to the prevailing hydrologic balance of the affected land and surrounding area. Additionally, the Applicant shall implement the groundwater quantity and quality monitoring plans for the site as discussed above. These plans will Section 20 Nationale February 9, 2023 Page b of 7 adequately detect impacts to the hydrologic balance. Red Tierra shall be required to comply with all applicable federal and state water quality laws in accordance with Rule 3.1.6. The Division finds the Applicant provided the information required to address the potential groundwater quality and quantity impacts at the site in accordance with Rules 6.4.4, 6.4.7 and C.R.S. 34-32.5-116(4)(h). Non -Jurisdictional Items 2. Noise and dust pollution from the mining heavy equipment, conveyors, crushers, and trucks (Item #3). The Act and Rules do not specifically address noise and dust pollution from the mining heavy equipment, conveyors, crushers and trucks. The issue of air quality is under the jurisdiction of Weld County, the Town of Gilcrest and the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment (CDPHE). The Applicant committed to obtain an Air Pollution Emissions Notice (APEN) and Construction Air Permit from the CDPHE. The issues of noise levels are typically addressed at the local government level, not at the State government level. These issues should be addressed through the Weld County and Town of Gilcrest permitting process. 3. Road and bridge damage from the heavy truck traffic (Item #4). The Act and Rules do not specifically address road and bridge damage from heavy truck traffic for roads located outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 4. Safety of residents' running, walking and biking on the adjacent roads from the truck traffic (Item #5). The Act and Rules do not specifically address safety of residents' running, walking and biking on the adjacent roads from the truck traffic outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 5. Devaluation of Mr. Shimon's property because of the mining operations, road damage and truck traffic (Item #6). The Act and Rules do not specifically address the devaluation of property values, road damage and truck traffic outside of a permitted mining operation. These issues are under the jurisdiction of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. These issues Section 20 Nationale February 9, 2023 Page 7 of 7 should be addressed through the permitting processes of Weld County, the Town of Gilcrest and the Colorado Department of Transportation. 6. Loss of farm land and commodities from that farming (Item #8). The Applicant must comply with the requirements of the Act and Rules and all applicable performance standards if the permit application is approved by the Board. The Applicant is obligated to protect areas outside the affected land from slides and damage pursuant to Rule 3.1.5(3) and C.R.S. § 34-32.5-116(4)(1) and to prevent disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and during reclamation pursuant to Rule 3.1.6(1) and C.R.S. § 34-32.5-116(4)(h). Zoning determinations and changes are under the jurisdiction of Weld County and the Town of Gilcrest. These issues should be addressed through the permitting processes of Weld County and the Town of Gilcrest. Conclusion After conducting a thorough technical review of the application, as outlined in part in the discussion above, on February 9, 2023, the Division determined the application satisfied the requirements of the Act and Rules, and specifically C.R.S. § 34-32.5-115(4), and issued its recommendation to approve the Construction Materials 112 application for the Section 20 Gravel Mine, File No. M- 2022-001. TOWN OF GILCREST ORDINANCE NO. 2021-04 AN ORDINANCE AMENDING THE TOWN OF GILCREST MUNICIPAL CODE REGARDING TRUCK ROUTES BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF GILCREST, COLORADO, THAT: Section 1. The Town of Gilcrest Municipal Code Chapter 8, Article III, Section 8-43 is amended as follows: (a) Vehicles in excess of twenty thousand (20,000) pounds shall be permitted to be operated within the corporate limits of the Town only on streets designated and posted as truck routes, a designation of which truck routes is incorporated herein andis set forth as follows: 1) Tenth Street from 303 Tenth Street to vine Street; 2) vine Street from Tenth Street to Railroad Avenue; 3) Ninth Street from 313 Ninth Street to US -85; 4) Main Street from US -85 to the intersection of Southeast and Northeast Plazas; 5) Starbird Avenue from Railroad Avenue to the intersection of Northeast Plaza andmain Street; 6) Southwest Plaza from 110 Southwest Plaza to the intersection of Southeast Plazas and Starbird Avenue; 7) Fourth Street from a point 700 feet east of Weld County Road 29 to Weld County 29; 8) Weld County Road 29 from Weld County Road 40 to 10th Street; and to any pointnorth of 10th Street; 9) Weld County Road 40 from US -85 to Weld County Road 29 and to any point west of Weld County Road 29; 10) Weld County Road 42 from US -85 to the western Town limits and to any point west of the western Town limits; and 11) County Road 31 from US -85 to County Road 42. (b) The terms and provisions of this section shall not apply to any commercial vehicle, truck, bus, or semitrailer that is traveling within the Town in order to. make a local delivery; shall not apply to school buses; shall not apply to emergency vehicles; and shall not apply to farm "implements of husbandry" as defined by C.R.S. § 42-1- 102(44)(a), including trucks and semitrailers used for farming or agricultural purposes. Section 2. Safety Clause. The Town Board of Trustees hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the Town of Gilcrest, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Board of Trustees further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Effective Date. This ordinance shall become effective thirty (30) days afterfinal publication. INTRODUCED, READ IN FULL, AND ADOPTED this o day of Dec-A-ober , 2021. PASSED by a vote of for and O against, AND ORDERED PUBLISHED ONCE BY TITLE this 19 tb- day of ��-k-ob¢-a- , 2021. TOWN OF GILCREST, COLORADO Tyson Chavez ayo r ATTEST: (9) IC)>E# Brenda Joseph, mown Clerk APPROVED AS TO FORM: Corey Y. Hoffmann, Town Attorney From: Valdes - CDOT, Rose To: Melissa King Cc: Maxwell Nader; Kyle Regan; Jennifer Fuller; Jazmyn Trujillo Martinez; Timothy Bilobran - CDOT Subject: Re: USR24-0026 property owner change Date: Monday, January 27, 2025 4:15:25 PM Attachments: image001.png image002.png image003.png image004.png image005.png image006.png image007.png 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, RE: Case # USR24-0026 Brennan Aggregate Facility. Highway 60, WCR 42 & 44, and Highway 85 Good Afternoon Maxwell, In an effort to keep our county partners appraised of additional conversations please see the below. 1/27/2025 Video Call between Project Principles and CDOT CDOT Access Permit. A CDOT permit will be required whether for direct highway access or in -direct access. ACP/PEL Planned Improvements. Should not be taken into consideration with regard to developer required improvements. Traffic Counts. CDOT advised it would be prudent to update 2022 traffic counts as it will officially be a CDOT standard very shortly. • And, also include J2, Hunt Mines(s) - I believe there are at least two new ones coming online that I have reviewed. Only Aggregate Hauling • If provided with a TIS that only includes the aggregate, CDOT would permit the mining operation only. Term: Life of the Mine. -versus- Phased Development • Both operations could be included in a TIS with two (2) phases) • Phase 1: aggregate hauling *specific traffic counts and mining end -date. • Phase 2: asphalt/concrete plant *projected counts/required improvements. Asphalt/Concrete Plant. CDOT was advised this may not commence for 3 years or more years. • CDOT advised permits are only valid for up -to 3 -years from the date of issue (includes 2 annual extensions from the date of issue.) • A new permit would be required 3 -years from the date of issue. • At which time, the traffic counts would exceed the 2 -year CDOT requirement, requiring a new TIS. • If provided with a TIS now that includes this traffic, CDOT could permit the required improvements, make them a pre -development requirement of the permit, and would ask our County Partners to require the improvements as part of their approvals, prior to development. As long as this occured before the permit expiration. a new permit and traffic study would not be required. Rose Valdes Assistant Access Manager 10601 West 10th Street, Greeley, CO 80634 Rose.Valdes@state.co.us I http://codot.gov/ Office Phone (970) 939-2440 I www.cotrip.or On Fri, Jan 24, 2025 at 3:29 PM Melissa King <mking@weld.gov> wrote: Afternoon, The industrial access AP22-00158's issuance appears to be predicated on the execution of RMA22-0008. However, it does not appear as if RMA22-0008 was ever recorded. I have included Ms. Jennifer Fuller and Ms Jazmyn Trujillo Martinez on this email as they were involved with this matter. They can help us understand the industrial access status. Without that status, this access point would not be available for USR traffic. Additionally, Ms. Rose Valdes of CDOT has been copied on this as she would be the best source of when a CDOT access permit is triggered. Thank you Rose for providing additional information. Thank you for the email, Melissa Melissa J King, PE, CFM Weld County — Department of Planning Services 1402 N 17th Ave Greeley, CO 80632 970-400-3762 From: Maxwell Nader <mnader@weld.gov> Sent: Friday, January 17, 2025 6:19 AM To: Kyle Regan <kyle@civilresources.com> Cc: Melissa King <mking@weld.gov> Subject: RE: USR24-0026 property owner change Kyle, I will need to defer to Melissa King regarding the CDOT access permit and what is considered "sufficient". Best, Maxwell Nader Planning Manager Dept. of Planning Services 970-400-3527 mnader(&,,weld.gov 1402 N 17th Ave, Greeley, CO 80631 IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kyle Regan <kyle@civilresources.com> Sent: Sunday, January 12, 2025 7:53 AM To: Maxwell Nader <mnader@weld.gov>; Kyle Regan <kyle@civilresources.com> Subject: RE: USR24-0026 property owner change 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. Sounds good, slightly confusing as Red Tierra holds the DRMS mining permit but CAW owns the property. A couple questions about the CDOT access. Since the gravel operation is likely a couple of years away from starting at Section 20 how far along on the CDOT access permit process do we need to get in order to obtain the USR? It looks like CAW has an access permit (AP22-00135) on Weld County Road 44. Is CAW able to use that access as the initial access point prior to the start-up of commercial activities with the understanding that CAW will obtain the CDOT access permit on Highway 60 prior to hauling material off -site? Thanks, Kyle From: Maxwell Nader <mnader@weld.gov> Sent: Wednesday, January 8, 2025 5:49 AM To: Kyle Regan <kyle@civilresources.com> Subject: RE: USR24-0026 property owner change Thank you, Kyle. The application material refers to Red Tierra as well, fyi. I am not worried about that but you may need to clarify that come hearing time. Best, Maxwell Nader Planning Manager Dept. of Planning Services 970-400-3527 mnadeff&meld. gov 1402 N 17th Ave, Greeley, CO 80631 IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kyle Regan <kyle@civilresources.com> Sent: Monday, January 6, 2025 1:06 PM To: Maxwell Nader <mnader@weld.gov> Subject: RE: USR24-0026 property owner change 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. See attached. From: Maxwell Nader <mnader@weld.gov> Sent: Monday, January 6, 2025 12:59 PM To: Kyle Regan <kyle@civilresources.com> Subject: USR24-0026 property owner change Kyle, We noticed that the ownership has changed from Red Tierra Equities, LLC to CAW Equities. Can I get an updated Articles of Organization, I would imagine this is still Lembke therefore we should be okay on the Auth Form. Best, Maxwell Nader Planning Manager Dept. of Planning Services 970-400-3527 mnadeff&meld. gov 1402 N 17th Ave, Greeley, CO 80631 IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Maxwell Nader From: Valdes - CDOT, Rose <rose.valdes@state.co.us> Sent: Wednesday, November 13, 2024 10:26 AM To: Maxwell Nader Cc: timothy.bilobran@state.co.us Subject: Re: Referral Agency Email Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Maxwell, CDOT will require an access permit for this project. CDOT cannot accept a "Draft" Traffic Impact Study with no Engineer Stamp. CDOT will await an official study for review and comments. Kindest Regards, Rose Valdes Assistant Access Manager 49 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 On Tue, Nov 12, 2024 at 3:55 PM noreply@weld.gov<noreply@weld.gov>wrote: The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0026, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Maxwell Nader by the date specified on the Referral 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# USR24-0026, 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: Maxwell Nader at 970-400-6100 Thank you, Maxwell Nader 1 1402 North 17th Ave Greeley, CO 80631 970-400-6100 mnader@weld.gov 2 COLORADO Division of Water Resources Department of Natural Resources December 2, 2024 Maxwell Nader Weld County Planning Department Transmission via email: mnader@weld.gov Re: Case Number: USR24-0026, CAW Equities, LLC, c/o Ready Mix Concrete, LLC - Section 20 Gravel Mine A Site Specific Development Plan and Use by Special Review Permit Part of Section 20, Twp. 4N, Rng. 66W, 6th P.M. Water Division 1, Water District 2 Dear Maxwell Nader, We have received your November 12, 2024 submittal concerning the proposed Site Specific Development Plan and Use By Special Review Application for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District on five parcels located in Section 20, Twp. 4N, Rng. 66W, 6th P.M. The mine site is known as the "Section 20 Gravel Mine" and is permitted by the Division of Reclamation Mining and Safety (DRMS) under permit no. M-2022-001. 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 or the ability of the water supply plan to satisfy any County regulations or 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polls, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director USR24-0026, Weld County Page 2 of 3 December 2, 2024 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 water source during the initial stages of the mine is bottled water. A proposed shop and office at the mining site will ultimately be served by a water tap from Central Weld County Water District, which currently provides service to a home on the property. The mining plan included with the application calls for excavation to remove approximately 2,000,000 to 3,000,000 tons of aggregate per year. The alluvial aquifer at the site consists mainly of gravelly sand which grades to sandy gravel, usually becoming more gravelly with depth. Groundwater conditions have been measured using seven piezometers, and typically occurs at depths ranging from 17 to 25 feet below surface, with shallower groundwater to the north of the site. A proposed recharge pond and a siltation pond at the site will be unlined and wet mined, while cells 3 through 8 will be lined with a bentonite/slurry wall and dry mined. A freshwater pond will also be constructed inside cell 8, and will be wet mined. For unlined cells, there will be no mining below the groundwater table until an approved Substitute Water Supply Plan (SWSP) is obtained. Dewatering trenches will be constructed around the perimeter of the mined stages, and the majority of the site will ultimately be reclaimed as lined water storage reservoirs. Any unlined area with exposed groundwater will be backfilled and reclaimed for future commercial uses. 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 USR24-0026, Weld County Page 3 of 3 December 2, 2024 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 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. The majority of the site is proposed to be reclaimed for water resources storage of decreed water rights. In order for the proposed reservoirs 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. Please contact Mike Matz at 303-866-3581 x8241 or at michael.matz@state.co.us with any questions. Sincerely, OP,t loana Comaniciu, P.E. Water Resources Engineer Ec: Referral no. 32558 COLORADO Parks and Wildlife Department of Natural Resources Fort Collins Service Center 317 W Prospect Rd Fort Collins, CO 80526 P 970.472.4300 November 25, 2024 Weld County Planning Department Attn: Maxwell Nader 1402 North 17th Ave Greeley, CO 80631 mnader@weld.gov RE: CPW's Comments and Recommendations on the Proposed Section 20 Gravel Mine- #USR24-0026 Dear Maxwell, Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the proposed Section 20 Gravel Mine Project. It is our understanding that the project is located in Section 20 of T4N, R66W. The proposed use of the site is a construction aggregate mine and water storage. The sand and gravel reserves at the site will be used as construction aggregates. The site will be reclaimed as developed water storage which will provide water to agriculture in the area as well as other uses. 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: Fencin g CPW recommends that if fencing (project perimeter or internal) is erected, either during or after construction of the project, it should be the type that would allow the free passage of wildlife. This will help to ensure the safety of mule deer, white-tailed deer, and pronghorn antelope in the project area. 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 minimum bottom strand height of 17 inches above Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Dallas May, Chair • Richard Reading, Vice -Chair • Karen Bailey, Secretary • Jessica Beaulieu Marie Haskett • Jack Murphy • Gabriel Otero • Duke Phillips, IV • Gary T. Skiba • James Jay Tutchton • Eden Vardy Section 20 Mine — CPW Comments (17/25/2024) Page 2 of 3 ground level and a maximum top strand height of 42 inches above ground level, along with the installation of double stays between posts. Further information can be found in CPW's "Fencing with Wildlife in Mind" brochure. Noxious Weeds and Native Re -seeding Also of importance 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. It is preferable 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. CPW recommends that the applicant consult with Weld County and the Natural Resource Conservation Service (NRCS) for current noxious weed best management practices. Wildlife Escape Ramps During open pit or open trench mining operations, CPW recommends placing temporary backfil[ing or other material as escape ramps in areas with steep slopes. Escape ramps will allow wildlife to exit an open pit or trench safely if they become entrapped. Lighting Nighttime artificial lighting has been documented to affect wildlife species of all sizes, from small macroinvertebrates to large mammals. These effects are often species -specific, and in some cases may be beneficial to one species within a local ecological community, but detrimental to another species within the same ecological community. These impacts could be expected year-round and can affect both local resident species and migrating wildlife, which may [ead to collisions with other animals and structures, exhaustion, increased depredation, and direct mortality. Nighttime artificial lighting may also disrupt nocturnal species that are not accustomed to a significant increase in artificial light, leading to temporary blindness and disorientation, which may also increase the likelihood of collisions with infrastructure on site. CPW recommends that all outdoor lighting be down -shielded to minimize disturbance areas and dim the lights as much as practicable. Per the U.S Fish and Wildlife Service recommendations, all outdoor lighting should be limited to warmer colors with "longer wavelengths (>560 nm) and lower correlated color temperatures (CCT<3000 Kelvin degrees)" ("Threats to Birds: Collisions - Nighttime Lighting I U.S. Fish Et Wildlife Service"). Per the American Bird Conservancy, CCTs ranging from 2200 Kelvin Degrees to 2700 Kelvin Degrees is the preferred range of color. (Misguiding Light: The 1 4 "Threats to Birds: Collisions - Nighttime Lighting I U.S. Fish & Wildlife Service." FWS.gov, 4 May 2023, www.fws.gov/story/threats-birds-collisions-nighttime-lighting. Section 20 Mine — CPW Comments (17/25/2024) Page 3 of 3 Role Artificial Light Plays in Bird Mortality from Collisions with Glass I Sheppard, PHDZ) CPW recommends the latter range of lighting color options for implementation at the project site. 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'. If the timing or scope of this project changes and/or if you have any questions, please contact CPW District Wildlife Manager for the South Greely district, Mike Grooms, at 970-472-4458 or michael.grooms®state.co.us. Sincerely, ar Jason Surface Area 4 Area Wildlife Manager Cc: Mike Grooms, Greeley South District Wildlife Manager, michael.grooms@state.co.us Lexi Hamous, NE Land Use Coordinator- lexi.hamous-miller@state.co.us 2 Sheppard, PHD, Christine. Misguiding Light: The Role Artificial Light Plays in Bird Mortality from Collisions with Glass. American Bird Conservancy, 11 May 2022, chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/abcbirds.org/wp-content/uploads/2022/05/ABC-lighting-collisions-position-statement-2022.pdf. 3 USDA Natural Resources Conservation Service. Conservation Practice Standard — Access Control, Code 580. January 2021. Hello