HomeMy WebLinkAbout20251029.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: February 10, 2025
SUBJECT: USR25-0001 Kersey Mine and Processing Plant
The proposal has been reviewed by Development Review on behalf of the Weld County Department of
Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the
application process may not be all-inclusive, as other issues may arise during the remaining application
process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand
Mining and Processing Plant) in the A (Agricultural) Zoned District (Kersey Mine). Proposed Sand Mine to
be located in Sections S1/4 of Section 34, T6N, 63W and Sections 2, 3, 10, 11, 14, 15, T5N, R63W.
Parcel numbers: 096503100009, 079934100003, 096502100001, 096510100008, 096510200003,
096511100002, 096514100001 & 096515100004.
ACCESS
According to the application materials, access for the project will be via a private road north of the mine site
that intersects County Road 68 east of County Road 67. An access and utility easement signed by all
property owners whose land is crossed by the private road will be required to prevent trespassing. The
easement agreement shall be recorded with the Weld County Clerk and Recorder's office.
Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access with Development Review prior to laying out your site plan
to ensure the approved access is compatible with your layout. Minimum access and intersection spacing
requirements are shown in Weld County Code, Section 8-14-30, Table 1. Please refer to Chapter 8 of the
Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 67 is a paved 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 USR map the existing right-of-way (along with its creating documents) 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, Section 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.
County Road 68 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 USR map 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, Section 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.
Per Chapter 8, Article 13, Section 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing, or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at:
https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-Permits.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on County Road 68 counted 468 vpd with 26% trucks and an 85th percentile speed of 60 mph
while the latest ADT on County Road 67 counted 108 vpd with 52% trucks and an 85th percentile speed of
65 mph. The image below taken from the October 4, 2024, Kersey Mine Traffic Impact Study, prepared by
Sustainable Traffic Solutions, Inc., shows the proposed haul route for the mine.
Per the foregoing TIS, the table below shows a summary of the auxiliary lane analysis identifying those
auxiliary lanes warranted by the Kersey mine traffic.
Auxiliary Lane Summary
Movement
Turn Lane Required
Peak Hour Volume 1
Existing
Projected
Percent Increase
Existing
Traffic
Kersey Mine
Traffic
Morning
Evening
Morning
Evening
Morning
Evening
1-SH392/WCR67
NBRT Decel LaneNM
60
488%
5861%
NB to EB RTAccel Lane
12
1
71
60
488%
5861%
WBLT Decel Lane
0
0
55
94
Note 2
mote 2
2 - WCR
68 / WCR 67
SBLT Decel Lane
_
2
_._..-
1
59
103
2856')/0
10213%
_
W BRT Decel Lane
11
1
113
66
928%
6513%
3 - WCR 68
/ Site Access
EBRT Decel Lane
Inn
31 1
0
102
18O/0
Note 2
Notes
1. The volumes in the table are expressed in passenger car equivalants. Refer to Table 4 for the volumes contained in this table.
2. The existing volume is zero, so the percentage increase can't be calculated.
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 feet of asphalt or 300 feet of asphalt.
Recycled concrete is not allowed in County right-of-way.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UPFRONT IMPROVEMENTS
Development Review is requesting an Improvements and Road Maintenance Agreement for dust control,
damage repairs to specified haul routes, and the upfront off -site improvements identified as necessary by
the applicant's TIS.
Upfront off -site improvements required by the TIS include:
• SH 392 / WCR 67 Intersection
o Northbound right turn deceleration lane
o Northbound to eastbound right turn acceleration lane
o Westbound left turn deceleration lane
o Westbound left turn acceleration lane (This improvement was not included in the TIS but was
determined necessary by CDOT. It is my understanding that Sustainable Traffic Solutions is
updating their study to include this requirement.)
• WCR 68 / WCR 67 Intersection
o Southbound left turn deceleration lane
o Westbound right turn deceleration lane
• WCR 68 / Site Access
o Eastbound right turn deceleration lane
An example Improvements and Road Maintenance Agreement is available at:
https://www.weld.gov/Government/Departments/Planni ng-and-Zoni ng/I mprovements-Agreements
The agreement will detail the approved haul route(s), outline the required upfront off -site improvements,
designate when other off -site improvements may be triggered, and include a maintenance agreement for
the haul routes.
DRAINAGE REQUIREMENTS
This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require
detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and
release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the
undeveloped site having a 2`)/0 impervious value.
In compliance with Section 8-11-45, of the Weld County Code, the applicant has submitted a Drainage
Narrative meeting the requirements for an exception to stormwater detention. The qualifying exception
(Exception 6) reads, "Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall
comply with the Weld County Engineering and Construction Criteria, including dewatering. Topographical
information shall be provided." The applicant has submitted the required topographic information along
with other supporting documents. No additional drainage information is required.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the
property.
GRADING PERMIT
If more than one (1) acre of land 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 (map
recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and
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 Development Review for more information.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for upfront off -site improvements for
this site. 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. Upfront off -site improvements
include:
1. State Highway 392 / County Road 67 Intersection Improvements
a. Construct a northbound right turn deceleration lane per the State Highway Access Code.
(Development Review)
b. Construct a northbound to eastbound right turn acceleration lane per the State Highway Access
Code. (Development Review)
c. Construct a westbound left turn deceleration lane per the State Highway Access Code.
(Development Review)
d. Construct a westbound left turn acceleration lane per the State Highway Access Code.
(Development Review)
2. Weld County Road 68 / County Road 67 Intersection Improvements
a. Construct a southbound left turn deceleration lane per the State Highway Access Code.
(Development Review)
b. Construct a westbound right turn deceleration lane per the State Highway Access Code.
(Development Review)
3. Weld County Road 68 / Site Access Improvements
Construct an eastbound right turn deceleration lane per the State Highway Access Code.
(Development Review)
B. The applicant shall submit a recorded copy of any agreement signed by all owners of property crossed
by the private access road. The access shall be for ingress, egress, utilities and shall be referenced on
the USR map by the Weld County Clerk and Recorder's Reception number. (Development Review)
C. The USR map shall be amended to delineate the following:
1. County Road 67 is a paved 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 USR map the existing right-of-way (along with its creating documents)
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)
2. County Road 68 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 USR map 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. Show and label the approved access location, approved access width and the appropriate turning
radii (65') on the USR map. The applicant must obtain an access permit in the approved location
prior to construction. (Development Review)
4. Show and label the approved tracking control on the USR map. (Development Review)
5. Show and label the entrance gate 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)
6. Show and label the drainage flow arrows. (Development Review)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. A Right-of-way Use Permit shall be acquired. (Development Review)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
C. If more than one (1) acre is to be disturbed for non -mining items such as structures, parking lots,
laydown yards, etc., a Weld County Grading Permit will be required. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE USR MAP)
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 and
Road Maintenance Agreement. (Development Review)
6. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates. (Development Review)
7. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
Weld County is not responsible for the maintenance of on -site drainage related features. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Max Nader, Planning Services
From: Lauren Light, Environmental Health Services
Date: February 10, 2025
Re: USR25-0001 Applicant: Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
Environmental Health Services has reviewed this Site -Specific Development Plan and Use by Special
Review for Open Mining and Processing of Minerals (Sand Mining and Processing Plant) in the A
(Agricultural) Zone District.
For temporary use, portable toilets and bottled water are sufficient for sanitation needs at the mining
operation. The application notes that mine offices will be built, and either a well permit must be
obtained for potable water use, or bottled water should be used in accordance with EH policy. If a
commercial On -Site Wastewater Treatment System is installed, a reliable potable water source will be
required.
Noise levels must comply with the limits set for the industrial zone district, with measurements taken
25 feet from the property line. The application includes a noise modeling report from Behrens and
Associates, which concludes: "The numerical and graphical noise modeling results indicate that the
proposed operations of the Kersey Mine are expected to comply with the USR daytime and nighttime
Industrial limits outlined in CRS 25-12-103 at 25 feet from the property boundary." Compliance with
the noise modeling report is required as part of the development standards.
Dust control measures will include the use of a water truck and reduced speed limits. The application
indicates that a well from the Wells Ranch Well Field will supply non -potable water through a pipeline
on the Ranch. An Air Emission Permit (APEN) from the State is required to cover dust control for
mining operations, haul roads, and all processing equipment.
Fuel storage tanks will be placed on the property with secondary containment, and a Spill Prevention,
Control, and Countermeasure Plan will be available on -site.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
Environmental Health Services recommends that the following requirements be met prior to allowing
the plat to be recorded:
1. Submit a copy of the well permit that will be utilized to supply potable water, if applicable.
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. The facility shall
be operated in accordance with the accepted "waste handling plan", at all times.
4. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply
with the Colorado Air Quality Commission's air quality regulations. The facility shall be operated in
accordance with the accepted "dust abatement plan", at all times.
5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of
Public Health, and Environment, as applicable.
6. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
modeling report.
7. The operation shall remove, handle, and stockpile overburden, sand and soil from the facility area
in a manner that prevents nuisance conditions.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as
applicable. Groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The Weld County Department of Health and
Environment strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter.
10.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.
11.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.
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. Floor drain wastes must be collected in a watertight vault and properly disposed of.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
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
January 14, 2025
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Wells Ranch, LLLP, c/o Colorado Sand Case Number: USR25-0001
Company II, LLC
Please Reply By: February 11, 2025 Planner: Maxwell Nader
Project: A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand Mining
and Processing Plant) in the A (Agricultural) Zone District.
Parcel Number: Multiple Parcels
Legal Description: All of Sections 2, 3, 10, 11, 14 and 15 in Township 5 North and the S1/2 of
Section 34, Township 6 North, All located in Range 63 West, of the 6th P.M., Weld County,
Colorado.
Location: Eight (8) parcels generally located south of and adjacent to CR 64 Section Line; north of
and adjacent to CR 56 Section Line; east of and adjacent to CR 67 Section Line; west of and
adjacent to CR 71 Section Line
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
T
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 /� �Q-
Agency Oil & Gas Energy Department
Date _1/17/2025
OGED spoke with Chevron who expressed that they have entered into an agreement with Colorado
Sand Company II in October 2024 which allows for simultaneous operations.
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
s
Submit by Email
Weld County Referral
January 14, 2025
The Weld County Department of Planning Services has received the following item for review:
Applicant: Wells Ranch, LLLP, c/o Colorado Sand Case Number: USR25-0001
Company II, LLC
Please Reply By: February 11, 2025 Planner: Maxwell Nader
Project: A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand Mining
and Processing Plant) in the A (Agricultural) Zone District.
Parcel Number: Multiple Parcels
Legal Description: All of Sections 2, 3, 10, 11, 14 and 15 in Township 5 North and the S1/2 of
Section 34, Township 6 North, All located in Range 63 West, of the 6th P.M., Weld County,
Colorado.
Location: Eight (8) parcels generally located south of and adjacent to CR 64 Section Line; north of
and adjacent to CR 56 Section Line; east of and adjacent to CR 67 Section Line; west of and
adjacent to CR 71 Section Line
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
omprehensive Plan because:
We have reviewed the request and find no conflicts with our interests
See attached letter
Signature
A enc Westareeley Conservation District
9 y
Date February 101 2025
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(970) 356-8097
r
Below
is a list of
the soils
and their
limitations accordin
to the
USDA Weld County Soil Survey.
Map
Svm
il
bol
Soil Name
Soil Texture
i
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we
without
ings
Dwellings
basements
with
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_
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Additional
Comments
-
_
-
69
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Slight
Slight
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Na
, -
70
Valent
Sand
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Slight
Slight
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Slight
Na
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Slight
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-
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-
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The
contact
1,� -.:..--i-7:'
West Greeley Conservation District recommends that
our office at (970) 356-8197. If you or the applicant
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free to call
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Produced by the West Greeley Conservation District
COLORADO
Parks and Wildlife
Department of Natural Resources
Fort Collins Service Center- Area 4
317 W Prospect Rd
Fort Collins, CO 80526
P 970.472.4300
February 13, 2025
Maxwell Nader
1402 North 17th Ave
Greeley, CO 80631
970-400-6100
mnader®weld.gov
RE: CPW's Comments on the Kersey Mine, Fite No. M-2024-026
Dear Maxwell,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the
proposed Kersey Mining project located at the S1/4 of Section 34, T6N, 63W and Sections 2,
3, 10, 11, 14, 15, T5N, R63W. It is our understanding that the project includes an open -cut
industrial sand mining operation that will employ a continuously advancing piton of 4,018
acres and concurrent reclamation. No blasting will occur at the Kersey mine. The entire
operation is planned to take place over 20 years, throughout which portions will continually
be reclaimed and revegetated, with a temporary mining deferral zone identified as
potentially adding 12 to 13 years to the current plan. For a total potential disturbance time
frame of 20-33 years.
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. CPW appreciates that the applicant has reviewed prior CPW recommendations and
incorporated them within their application, and
CPW has the following recommendations:
RECOMMENDATIONS:
Raptor Nesting and Construction Timing
Since prairie dogs are present within the project boundaries, if initial construction occurs
from March 15 to October 31, we recommend completing a Burrowing Owl survey per CPW
recommendations. If Burrowing owl nests are present (as stated Burrowing owls were during
the most recent survey), because this is a large disturbance, CPW recommends no activities
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
occur within 1/4 mile (1320 feet, 400 meters) of the nest site during the nesting season March
15 through August 31. Although Burrowing Owls may not be actively nesting during this entire
period, they may be present at burrows up to a month before egg laying and several months
after young have fledged. Therefore, it is recommended that efforts to eradicate prairie dogs
or destroy abandoned towns not occur between March 15 and October 31 when owls may be
present. Because nesting Burrowing Owls may not be easily visible, it is recommended that
targeted surveys be implemented to determine if burrows are occupied. More detailed
recommendations are available in a document entitled "Recommended Survey Protocol and
Actions to Protect Nesting Burrowing Owls," which is available from the CPW.
As observed in TRC's Special Species and Wildlife Habitat report and from ground observations
by CPW personnel, ground -nesting raptors such as Northern Harriers and burrowing owls are
present within the project area and surrounding properties. CPW recommends conducting
raptor surveys prior to construction. If initial construction is slated for the spring and summer,
please incorporate active raptor nest buffers and avoidance periods. All migratory birds are
protected under the Migratory Bird Treaty Act, and removal or disturbance of any migratory
bird nest would require consultation with CPW and US Fish and Wildlife Service (USFWS) prior
to disturbance.
Fencing
CPW's "Fencing with Wildlife in Mind" brochure.
CPW is concerned about the potential of negative impacts to Mule deer and Pronghorn
Antelope in the area for the proposed project. CPW recommends that the current plan of
fencing the entirety of the project in barbed wire cattle fencing be modified to use three
strand fencing with a smooth wire bottom strand height of 17 inches above ground level, a
center strand of barbed wire placed approximately 12 inches below the top strand and a
smooth wire top strand with a maximum height of 42 inches above ground level, and if
necessary for heavy livestock presence, a fourth strand of barbed wire placed 24 inches above
ground level. The placement of reflective flagging, tape, or PVC piping creates the greatest
visibility for wildlife such as deer and low -flying bird species such as Northern harriers and
burrowing owls, which may lead to a decrease in collisions and wildlife damage to fences.
The placement of smooth wire at the bottom and top strands allows wildlife to move through
fencing quickly and prevents animals from being trapped and impaled between strands of
barbed wire.
Wood Perennial Plant Replacement, Native Re -seeding, and Noxious Weeds
CPW appreciates the applicant's intention to adopt a seed mix in consultation with both CPW
and N RCS, as well as the landowner on this site to support the current/future rangeland use
and wildlife habitat found within this site. In the initial DRMS filing, CPW recommended that
should removal of sand sage and other woody perennial plant species (yucca, Skunkbrush
2 https://www.sciencedirect.com/science/article/abs/pii/0169555X9500100J
Kersey Mine— CPW Comments (2/13/2025) Page 3 of 3
Sumac, Sand Cherry, etc) occur, then CPW recommends said species be replaced at a 3:1
ratio. CPW also recommends that native species be re -seeded, including locally native grass
species (sand bluestem, prairie sandreed, blue grama, etc) and forbs (rocky mountain bee
plant, silky prairie clover, etc), which would be found in this unique habitat type and would
benefit both wildlife and future rangeland operations. CPW also recommends that, where
feasible, native vegetation should 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. Due to the long timescale and large footprint of this project, thorough
reclamation will be imperative in reclaiming the unique habitat of the Greeley Dune Fields' to
support the re-establishment of rangeland and wildlife habitat.
Wildlife Escape Ramps
During open pit or open trench mining operations, CPW recommends backfilling escape ramps
in areas where steep slopes occur. Escape ramps will allow wildlife to safely exit an open pit
or trench if they become entrapped. The placement of lay -down fencing, as shown in CPW's
"Fencing with Wildlife in Mind" brochure, can provide ground staff with an option to
encourage trapped wildlife to quickly escape the along these escape ramps.
If the timing or scope of this project changes and/or if you have any questions, please
contact Jackson Davis at 970-342-0461 or jackson.davis@state.co.us.
Sincerely,
Jason Surface
Area 4 Area Wildlife Manager
Cc: Jackson Davis, Greeley N. District Wildlife Manager- jackson.davis@state.co.us
Lexi Hamous, NE Land Use Coordinator- lexi.hamous-miller@state.co.us
1 https://conps.org/project/great-plains-sandhill-grasslands-and-shrublands/
From:
To:
Subject:
Date:
Valdes - CDOT, Rose
Maxwell Nader
Re: Referral Agency Email
Tuesday, January 21, 2025 7:23:30 AM
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 Morning Maxwell,
Please accept my sincere apologies for a late comment..I was remiss in not adding it. And, it
was the most basic.
• A CDOT Access Permit will be required.
O All improvements must be completed per the permit prior to the issuance of
Notice to Proceed for access use.
Thank you very much,
Rose Valdes
Assistant Access Manager
.r
a
10601 West 10th Street, Greeley, CO 80634
Rose.Valdes@state.co.us I http://codot.gov/ I www.cotrip.or
Office Phone (970) 939-2440
On Thu, Jan 16, 2025 at 11:22 AM Valdes - CDOT, Rose <rose.valdes@state.co.us> wrote:
Good Afternoon Maxwell.
RE: case # USR25-0001. Kersey Mine, Colorado Sand Company. Sustainable Solutions,
Joe Hendrson TIS.
.
Thank you for sending CDOT this referral. This was a very well prepared Traffic Impact Study.
Summary
• CDOT accepts the conclusions of the Traffic Study
• CDOT has one additional auxiliary lane requirement
• CDOT reserves the right to revisit the project's traffic any time after the Notice
to Proceed issuance in ensuring that projected traffic is consistent with actual traffic.
Table 5. Warranted Auxiliary Lanes at Study Area Intersections
1. NB to EB RT Acceleration Lane, PM Peak Hour: 60
2. WB LT Deceleration Lane, PM Peak Hour: 94
3. EB RT Deceleration Lane, PM Peak Hour:11, Not vvarranted.
CDOT accepts the traffic volume and directional -distribution projections
provided in the Traffic Impact Study (TIS). After the Notice to Proceed is
issued should actual traffic volumes —either overall, within the peak hour or
for any specific turning movements —exceed the developer provided
projections outlined in the TIS, CDOT reserves the right to require the
developer to implement any additionally necessary safety or operational
improvements to ensure the continued safe and efficient operation of the
roadway network and adherence to the State Highway Access Code (SHAG).
• This includes but is not limited to the EB Right Decel Lane
Weld County Planning: CDOT asks that this be included in the Special Review report.
CDOT Auxiliary Lane Requirement
4. CDOT: NB toWB LTAccel Lane (per SHAC 3.5(3) due to highway volume,
posted speed and truck traffic)
Should you have any additional questions or concerns, please do not hesitate to ask.
Gratefully,
Rose Valdes
Assistant Access Manager
10601 West 10th Street, Greeley, CO 80634
Rose.Valdes@state.co.us I http://codot.gov/ I www.cotrip.or
Office Phone (970) 939-2440
On Tue, Jan 14, 2025 at 3:07 PM noreplygweld.gov <noreply agweld.gov> wrote:
The Weld County Planning Department has received a Planning Use By Special Review
application, case # USR25-0001, 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# USR25-0001, 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
1402 North 17th Ave
Greeley, CO 80631
970-400-6100
mnader@weld.gov
Hello