HomeMy WebLinkAbout20251044.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: January 24, 2025
SUBJECT: USR24-0028 Hunt Topsoil Mine #2
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: Use by Special Review for Open Mining (topsoil) in the A (Agricultural) Zone District.
This project is north of and adjacent to County Road 40 and is west of and adjacent to County Road 29.
Parcel number 105729100002.
Access is from County Road 40.
ACCESS
Development Review has reviewed the application materials related to access and made the following
determinations:
EXISTING ACCESSES
Per the Weld County Property Portal, the subject parcel has five (5) existing accesses onto County Road 29
as described below:
• Unpermitted historic agricultural access located approximately 45 feet south of County Road 42
• Unpermitted historic oil and gas access located approximately 785 feet south of County Road 42
• Unpermitted historic agricultural access located approximately 2,365 feet south of County Road 42
• Unpermitted historic agricultural and residential access located approximately 2,575 feet south of
County Road 42
• Unpermitted historic agricultural and residential access located approximately 2,790 feet south of
County Road 42
Per the Weld County Property Portal, the subject parcel has four (4) existing accesses onto County Road 40
as described below:
• Unpermitted historic oil and gas access located approximately2,575 feet west of County Road 29
• Unpermitted historic agricultural access located approximately2,630 feet west of County Road 29
• Permitted temporary access (TAP22-0020) located approximately 2,730 feet west of County Road 29
(expired June 1, 2023)
• Permitted temporary access (TAP22-0019) located approximately 3,795 feet west of County Road 29
(expired June 1, 2023)
The temporary accesses located approximately 2,730 feet and 3,795 feet west of County Road 29 shall be
closed and reclaimed.
PROPOSED ACCESS
Per the application materials, the applicant is proposing to use the unpermitted historic agricultural access onto
County Road 40 located approximately 2,630 west of County Road 29. This access shall be reconfigured to
meet the commercial geometric access requirements prescribed in Table 8-3, of the Weld County Engineering
and Construction Criteria (WCECC) manual shown below.
Table 8-3 Access Geometry
Type of Land Use
Maximum Access Width
Access Radii
Single-family residential
24 feet wide
25 feet minimum
Commercial/Industrial/Agricultural
40 feet wide
65 feet minimum
Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please
refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
The portion of County Road 29 starting at the County Road 29/County Road 40 intersection and going north
for approximately 3,720 feet is under the jurisdiction of the Town of Gilcrest. The municipality has jurisdiction
over access to this portion of County Road 29. Please contact the Town of Gilcrest to verify the right-of-way
and to inquire about any requirements they may have.
The portion of County Road 29 south of the County Road 29/County Road 40 intersection and the portion from
County Road 42 going south to approximately 3,720 feet north of the County Road 29/County Road 40
intersection are gravel roads and are designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local roads, which require 60 feet of right-of-way. The applicant shall delineate and
label on the USR 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, 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. These portions of County Road 29 are maintained by Weld County.
Per the Weld County Property Portal, County Road 40 is a "paved" road and is designated as a local road,
which requires 60 feet of right-of-way. However, the travel surface is a gravel road that has been treated with
magnesium chloride for dust abatement for the construction of the irrigation pond located in the southwest
corner of the subject parcel. The applicant shall delineate and label on the USR map the 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
No traffic counts are available for County Road 29 in the vicinity of the project.
Latest ADT on County Road 40 counted 204 vpd with 42% trucks. The 85th percentile speed is 51 mph.
A preliminary Traffic Impact Study was submitted. The study indicates there will be approximately 2 employee
trips and 400 truck trip per day. To provide a conservative analysis, the study multiplied all trucks with a
passenger car equivalent (PCE) of 3 (assuming all trucks are longer than 40 feet). Table 1 of the Traffic Impact
Study is shown below. The table summarizes the estimated trip generation for the proposed topsoil mine.
Table 1 — Strear Property Soil Mine Traffic Generation
Land Use
Daily
Weekday Vehicles Trips
AM Peak Hour PM Peak Hour
In Out Total In Out Total
On Site Employee (1)
2
1
0
1
0
1
1
Soil Mine Truck Trips
400
20
20
40
20
20
40
Soil Mine Truck Trips (3 x PCE)
1200
60
60
120
60
60
120
Total Site Generated Trips
402
21
20
41
20
21
41
Total Site Generated Trips with PCE
1202
61
60
121
60
61
121
A Final Traffic Impact Study shall be submitted.
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. Permanent
tracking control shall be installed prior to any on -site construction activities. Recycled concrete is not allowed
in County right-of-way.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS
Development Review is requesting an Improvements and Road Maintenance Agreement for dust control,
damage repairs to specified travel routes, and up -front off -site improvements.
CDOT Up -front Road Improvements:
• Southbound Highway 60 existing left turn deceleration lane onto eastbound County Road 40 shall be
extended to 525 feet plus a 300 -foot taper per the State Highway Access Code (SHAC).
• Construct a southbound left acceleration lane on Highway 60 meeting SHAC for traffic turning left from
County Road 40.
• Extend the US 85 Northbound left deceleration lane turning onto westbound County Road 40 by 525
feet plus a 180 -foot taper per SHAC requirements.
• Extend the existing northbound US 85 left turn acceleration lane to 760 -feet plus 180 -foot taper with
re -striping of lanes to accommodate truck turning. Provide an additional 4 feet of should width.
• Extend the US 85 Southbound right deceleration lane turning onto westbound County Road 40 to 500
feet plus a 180 -foot taper per SHAC.
Weld County Up -front Road Improvements:
• Pave County Road 40 between Highway 60 and US 85 with Hot Mix Asphalt meeting the pavement
design requirements of Chapter 9 of the WCECC manual.
• Construct auxiliary left deceleration turn lanes on County Road 40 meeting the SHAC at the County
Road 40/Highway 60 intersection and the County Road 40/US 85 intersection.
• Construct an eastbound auxiliary left deceleration turn lane on County Road 40 meeting the SHAC at
the proposed access to the site.
• Construct and pave the proposed County Road 40 access meeting the geometric requirements for a
commercial access per Table 8-3 of the WCECC manual and provide and install an R1-1 stop sign
along the southbound exiting approach.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/I mprovements-Agreements
DRAINAGE REQUIREMENTS
This area is within an Urbanizing Drainage Area. 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, 5 -year storm event falling on the undeveloped site
having a 2% impervious value.
In compliance with Section 8-11-45, of the Weld County Code, the applicant has submitted a Drainage
Narrative with a qualifying exception to stormwater detention — Exception 8. Exception 8 reads, "Development
of sites where the change of use does not increase the imperviousness of the site."
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 -mining 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.
COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT
A Colorado Stormwater Discharge Permit may be required when disturbing more than one (1) acre of land.
Contact the Colorado Department of Public Health and Environment, Water Quality Control Division, at 303-
692-3575 to determine if a permit is required.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location.
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. The up -front off -site improvements include:
1. CDOT Off -site Road Improvement Requirements:
a. Southbound Highway 60 existing left turn deceleration lane onto eastbound County Road 40 shall
be extended to 525 feet plus a 300 -foot taper per the State Highway Access Code (SHAC).
(Development Review)
b. Construct a southbound left acceleration lane on Highway 60 meeting SHAC for traffic turning left
from County Road 40. (Development Review)
c. Extend the US 85 Northbound left deceleration lane turning onto westbound County Road 40 by
525 feet plus a 180 -foot taper per SHAC requirements. (Development Review)
d. Extend the existing northbound US 85 left turn acceleration lane to 760 -feet plus 180 -foot taper
with re -striping of lanes to accommodate truck turning. Provide an additional 4 feet of should
width. (Development Review)
e. Extend the US 85 Southbound right deceleration lane turning onto westbound County Road 40 to
500 feet plus a 180 -foot taper per SHAC. (Development Review)
2. Weld County Off -site Road Improvement Requirements:
a. Pave County Road 40 between Highway 60 and US 85 with Hot Mix Asphalt meeting the pavement
design requirements of Chapter 9 of the Weld County Engineering and Construction Criteria
(WCECC) manual. (Development Review)
b. Construct auxiliary left deceleration turn lanes on County Road 40 meeting the SHAC at the
County Road 40/Highway 60 intersection and the County Road 40/US 85 intersection.
(Development Review)
c. Construct an eastbound auxiliary left deceleration turn lane on County Road 40 meeting the SHAC
at the proposed access to the site. (Development Review)
d. Construct and pave the proposed County Road 40 access meeting the geometric requirements
for a commercial access per Table 8-3 of the WCECC and provide and install an R1-1 stop sign
along the southbound exiting approach. (Development Review)
B. The plan shall be amended to delineate the following:
1. The portion of County Road 29 south of the County Road 29/County Road 40 intersection and the
portion located approximately 3,720 feet north of the County Road 29/County Road 40 intersection to
County Road 42 are designated on the Weld County Functional Classification Map as a local roads
which require 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 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)
2. The portion of County Road 29 starting at the County Road 29/County Road 40 intersection and going
north for approximately 3,720 feet is under the jurisdiction of the Town of Gilcrest. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es)
on the USR map and label with the approved access permit number if applicable. (Development
Review)
3. County Road 40 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 USR map the 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. Show the approved Colorado Department of Transportation (CDOT) Highway 60 and US 85 accesses
on the USR map and label with the approved access permit numbers. (Development Review)
5. Show label and dimension the proposed access meeting the geometric requirements of Table 8-3 of
the WCECC manual. Label the access as, "PROPOSED COMMERCIAL ACCESS". (Development
Review)
6. Show and label the approved tracking control on the USR map. (Development Review)
7. 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)
8. Label the temporary accesses located approximately 2,730 feet and 3,795 feet west of County Road
29, "TO BE CLOSED AND RECLAIMED." (Development Review)
9. Show and label the drainage flow arrows. (Development Review)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. (Development
Review)
B. If more than one (1) acre is to be disturbed for construction outside of the mining area, a Weld County
grading permit will be required. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE USR MAP)
A. 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)
B. 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)
C. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
D. 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)
E. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
F. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Development Review)
G. 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)
H. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
COUNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Diana Aungst, Planning Services
From: Lauren Light, Environmental Health Services
Date: January 21, 2025
Re: USR24-0028 Applicant: David W Hunt
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Special Review Permit for Open Mining (topsoil) in the A
(Agricultural) Zone District.
As mining is considered a temporary use, screened portable toilets, and bottled water
are acceptable for sanitary uses in accordance with EH policy.
Noise is limited to the permissible levels for the industrial zone district. The application
includes a noise analysis conducted by Civil Resources, LLC, which concludes that a
decibel level of 78.3 is anticipated at the lot line nearest to the plant. This measurement
does not account for the stockpile berms on the south and east sides, in order to present
a worst -case scenario.
An APEN will be required for on -site dust, and an application will be submitted to the
State prior to mining as outlined in the application submittal.
A dust abatement plan has been submitted, which outlines the following measures: a
water truck will be on hand to actively spray work areas, speed limits will be reduced,
windbreaks may be installed, and stockpiles will be seeded if they remain in place for
more than a year.
We recommend 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
Health Administration
Vital Records
Tele: 970-304-6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele:970-304-6420
Fax: 970-304-6416
Environmental Health
Services
Tele:970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele:970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele:970-304-6470
Fax: 970-304-6452
Public Health
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
and the accepted dust abatement plan.
5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit 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 analysis.
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. Portable toilets and bottled water are acceptable to provide drinking and sanitary
services to the site. 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, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights -of -way.
9. If applicable, the operation shall obtain a stormwater or other discharge permits
from the Colorado Department of Public Health & Environment, Water Quality
Control Division.
10.AII 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.
11. The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
12.The operation shall comply with the Mine Safety and Health Act (MSHA).
13. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
14. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
December 31, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: David W Hunt Case Number: USR24-0028
Please Reply By: January 28, 2025 Planner: Diana Aungst
Project: Use by Special Review for Open Mining (topsoil) in the A (Agricultural) Zone District
Parcel Number: 105729100002-R6785251 Legal: PT NE4 AND PT S2 EAST OF FARMER'S
INDEPENDENT DITCH, SECTION 29, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 40 and west of and adjacent to County Road 29
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.
nWe 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.
Signaturei WA -11=X_
Agency 1 ��'1'� W A -11=X_
Date �.li�f1l.Vv
Z�12o2S
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Northern Water
Northern Colorado Water Conservancy District
January 27, 2025
Ms. Diana Aungst
Weld County Department of Planning Services
1402 North 17th Ave
Greeley, CO 80631
RE: USR24-0028
Applicant: David W. Hunt
Parcel Number: 105729100002-R6785251
Legal: PT NE4 and PT S2 East of Farmer's Independent Ditch (29-4-66)
Dear Diana:
Thank you for the opportunity to comment on the Special Review for Open Mining (topsoil) in the A
Zone District. Northern Water has reviewed the application and has concerns.
A Colorado -Big Thompson (C -BT) Allotment Contract for irrigation purposes is attached to this
parcel of land and was approved as a supplemental irrigation supply upon the described lands.
The allotment contract for 15 -acre-foot units of C -BT is held in the name of Strear Farms Company.
Northern Water requires that the allotment contract of 15 -acre-foot units of C -BT be removed
from the parcel of land prior to approval of the proposal. For Northern Water to remove the
15 -acre-foot units of C -BT, Mike Strear, David W. Hunt, and Kayleen J. Hunt must sign all of the
necessary paperwork required by Northern Water so that the Northern Water Board of
Directors can consider the application for removal of the allotment contract.
Please condition the approval of the use by special review requiring the applicants listed
above to meet Northern Water's request.
Please let me know if you have any questions.
Thank you,
Sherri Rasmussen
Contracts Department Manager
Submit by Email
Weld County Referral
December 31, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: David W Hunt Case Number: USR24-0028
Please Reply By: January 28, 2025 Planner: Diana Aungst
Project: Use by Special Review for Open Mining (topsoil) in the A (Agricultural) Zone District
Parcel Number: 105729100002-R6785251 Legal: PT NE4 AND PT S2 EAST OF FARMER'S
INDEPENDENT DITCH, SECTION 29, T4N, R66W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 40 and west of and adjacent to County Road 29
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.
I
I
I"
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.
Linda Bower, Attorneys for 1/28/2025
Signature Date
Agency Farmers Independent Ditch Co.
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
LAeNCE CUSTER GRASMICK JONES & DONOVAN LLP
ATTORNEYS AT LAW
5245 RONALD REAGAN BLVD., SUITE I
JOHNSTOWN, COLORADO 80534
TELEPHONE: 970-622-8181
WWW.LCWATERLAW.COM
linda@lcwaterlaw.com
Bradley C. Grasmick • David P. Jones • Ryan M. Donovan • Wesley S. Knoll • Richard T. LiPuma (Of Counsel)
David L. Strait • Linda Preslan Bower • Jacklyn P. Gunn • Nicholas P. Espenan
January 28, 2025
Diana Aungst
Weld County Planning Department
1402 North 17th Ave.
Greeley, CO 80631
daungst@weld.gov
Subject: Planning Use By Special Review, Case # USR24-0028, Application of David Hunt and
Kayleen Hunt
Dear Diana,
On behalf of the Farmers Independent Ditch Company, hereinafter "FIDCO", we appreciate
receiving the notice of Referral Agency Email and the opportunity to comment on the Application
for Planning Use By Special Review from David and Kayleen Hunt for the "Hunt Dirt Mine #2".
FIDCO's main canal and right-of-way, ("Ditch"), is situated on the northwestern boundary of the
Hunt parcel that is the subject of Case #USR24-0028. The materials included with this application
include the DRMS Permit Application which depicts the proposed dirt mine abutting the ditch.
This application states on page 14 that applicant will be stripping the topsoil and stockpiling on
the perimeter of the site. This operation, which applicant states may be conducted over a 14 year
time period (see page 15 of the DRMS Permit Application), raises significant concerns for FIDCO.
Removal of the topsoil will leave bare dirt, weed seeds, and tumbleweeds during some operational
phases which winds may pick up and blow over the FIDCO Ditch carrying water for irrigation
delivery. This would interfere with the purpose of the Ditch. Therefore, we propose that Applicant
be required to install and maintain a durable and long-lasting fence/barrier along the perimeter of
the project that would prevent such material being blown into the Ditch. Any stock piling of the
material removed should be located away from the Ditch along the outer southern and eastern
perimeters of the project.
Applicant proposes a 20 buffer zone around the mine site. FIDCO is concerned with the structural
integrity and support of its Ditch and access road. Therefore FIDCO requests that the Applicant
be required to locate its dirt mine no closer than thirty feet from the outer edge of the existing ditch
Planning Use by Special Review, #USR24-0028, Application of Hunt
Page 2
access road which runs along the southern side of the Ditch and that the Applicant maintain the
3:1 slope cited on page 14 of the DRMS permit application along the entire length of the Ditch.
FIDCO also requests adequate assurance that its Ditch and Access Road will be protected from
drainage and runoff from the project. The Applicant should demonstrate that his project will not
allow stormwater to overtop the Ditch access road and damage the Ditch.
We appreciate your attention to this matter. Please feel free to call if you have any questions.
Sincerely,
LAWRENCE CUSTER GRASMICK JONES & DONOVAN LLP
L4+Ld2 Sauo�.
Linda Bower
Attorneys for the Farmers Independent Ditch Company
Aso
January 7, 2025
COLORADO
Division of Water Resources
Department of Natural Resources
Diana Aungst
Weld County Planning Department
Transmission via email: daungst@weld.gov
Re: Case Number: USR24-0028, David W. Hunt - Hunt Dirt Mine #2
Use by Special Review Permit
Part of Section 29, Twp. 4N, Rng. 66W, 6th P.M.
Water Division 1, Water District 2
Dear Diana Aungst,
We have received your December 31, 2024 submittal concerning the proposed Use By
Special Review Application for Open Mining (topsoil) in the A (Agricultural) Zone
District on a parcel located in Section 29, Twp. 4N, Rng. 66W, 6th P.M. The mine site
is known as both the "Hunt Dirt Mine #2 and Strear Dirt Mine" and is permitted by the
Division of Reclamation Mining and Safety (DRMS) under permit no. M-2024-037.
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
requirements. In addition, the comments provided herein cannot be used to
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared Polis, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director
USR24-0028, Weld County Page 2 of 5
January 7, 2025
guarantee a viable water supply plan or infrastructure, the issuance of a well permit,
or physical availability of water.
The proposed potable water source during operations of the mine is bottled water.
According to the application documents, water for dust control will be obtained from
off -site wells permitted under well permit nos. 664 -R -R, 665 -R -R, and 666-R.
The mining plan memorandum included with the application calls for excavation to
remove approximately 1,000,000 tons of topsoil material per year through the mining
of two cells on the DRMS permitted 276.7+/- acreage. The expected life of the mine is
fourteen years. The topsoil material will be dry mined above the groundwater table,
and no groundwater will be exposed during mining operations. There will be no
processing of the mined material on -site. The site will be reclaimed concurrent with
mining, and the topsoil that was stripped will be rebuilt using cow manure. After
mining operations have concluded, the site will be reclaimed back to irrigated
agricultural land.
A review of our records indicates well permit nos. 20031-R, 20031-S, 20031-T, 20031-
U, 20031-V, and 75614 are located on the subject property.
Well permit nos. 20031-R, 20031-S, 20031-T, 20031-U, and 20031-V were issued on
January 23, 1958 for irrigation uses. The wells were originally decreed in Division 1
Water Court case no. W-0175 as Well Nos. 1 , 2, 3, 4, and 5 (respectively) for the
irrigation of land located in Section 29, Twp. 4N, R 66W, 6t" P.M. An amendment to
the original decree was made on August 3, 1973 to adjust the flow rates, physical
location of the wells, and the area irrigated (Section 29, Twp. 4N, R 66W, 6t" P.M.
Southeast of the Farmer's Independent Ditch). Our records indicate the wells are
augmented through the Central Colorado Water Conservancy District augmentation
plan approved by the Water Court in case no. 02CW0335.
USR24-0028, Weld County Page 3 of 5
January 7, 2025
Well permit no. 75614 was issued on July 23, 1974 pursuant to 148-21-45 CRS 1963 for
drinking and sanitary facilities for migrant farm labor, not to exceed 120 days during
any year.
Well permit nos. 20031-R, 20031-S, 20031-T, 20031-U, 20031-V, and 75614 may
not be used to supply water for the proposed project as currently permitted.
Additionally, well permit nos. 664 -R -R, 665 -R -R, and 666-R were issued on an adjacent
property for irrigation uses inside Section 33, Twp. 4N, Rng. 66W, 6t" P.M. The wells
were originally decreed in Division 1 Water Court case no. W-5324 as Well Nos. 1-
RF371 (0664), 2-0665, and 3-0666 (respectively). Well no. 1-RF371 (0664) was decreed
for the irrigation of 45 acres in the NW 1/4, well no. 2-0665 was decreed for the
irrigation of 45 acres in the NW 1/4 of the NW'/4 and part of the SW'/4 of the NW 1/4,
and well no. 3-0666 was decreed for the irrigation of 75 acres in the SE 1/4 of the NW
1/4, part of the SW'/4 of the NW 1/4, and part of the NE'/4 of the NW 1/4 all in Section 33,
Twp. 4N, R 66W, 6t" P.M. Our records indicate the wells are augmented through the
Central Colorado Water Conservancy District augmentation plan approved by the
Water Court in case no. 02CW0335 and the PVIC Augmentation Group, LLC
augmentation plan approved by the Water Court in case no. 08CW0071 for irrigation
purposes.
Well permit nos. 664 -R -R and 665 -R -R were issued on February 29, 2012 pursuant to
CRS 37-90-137(2) for the use of an existing unpermitted well as a replacement for
existing well permit nos. 664-R and 665-R (respectively) so that the withdrawal of
water from the two respective permits could occur through a single structure, as
allowed under water court case no. 10CW0236. A third well permit no. 76242-F was
also issued for the same structure permitted under 664 -R -R and 665 -R -R on August 8,
2012 pursuant to CRS 37-90-137(2) for the use of an existing well to allow industrial
uses including equipment washing, oil and gas exploration, development,
reclamation, and dust suppression.
USR24-0028, Weld County Page 4 of 5
January 7, 2025
Well permit nos. 664 -R -R, 665 -R -R, and 666-R may not be used to supply water for
dust control on the proposed project as currently permitted. In addition, although
well permit no. 76242-F was permitted for industrial uses, our records show that
this well is not currently included in an augmentation plan, therefore the well
cannot be operated for the proposed dust control at the site until such time as an
augmentation plan for industrial uses is approved by the water court for the well.
So long as the water obtained for the proposed topsoil mine is obtained by a legal
source and well nos. 20031-R, 20031-S, 20031-T, 20031-U, 20031-V, 75614, 664 -R -R,
665 -R -R, 666-R, 76242-F are operated in accordance with their respective permit
conditions, water court decrees, and plans for augmentation; our office has no
comments on the proposed water supply for the project. However, if well permit no.
76242-F is proposed to be used for dust control at the site an augmentation plan is
required to be approved by the water court.
Additionally, given the fact that the site is located approximately 2000 feet west of
the Town of Gilcrest, where shallow ground water is known to be present, we expect
that groundwater may be exposed at the site, therefore in the event that
groundwater is exposed at the site the Applicant must obtain a well permit and a
substitute water supply plan ("SWSP") or decreed plan for augmentation prior to
exposing any ground water.
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 project will not significantly alter the
amount of runoff that exits the site and stormwater collected in the active mine area
USR24-0028, Weld County Page 5 of 5
January 7, 2025
will be managed by best management practices under the CDPHE Stormwater
Management Plan.
Please contact Mike Matz at 303-866-3581 x8241 or at michael.matz@state.co.us with
any questions.
Sincerely,
?:,-167-loc,e4ie O9/
loana Comaniciu, P.E.
Water Resources Engineer
Ec: Referral no. 32622
Well Permit Nos. 20031-R, 20031-S, 20031-T, 20031-U, 20031-V, 75614,
664 -R -R, 665 -R -R, 666-R, and 76242-F
Diana Aungst
From: Valdes - CDOT, Rose <rose.valdes@state.co.us>
Sent: Wednesday, January 8, 2025 1:46 PM
To: Diana Aungst
Cc: timothy.bilobran@state.co.us; Allyson Young - CDOT
Subject: Re: Referral Agency Email
This Message Is From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good Afternoon Diana,
Thank you for sending this referral to CDOT.
CDOT underwent a review process for this site in August. CDOT comments and requirements are as
follows.
Access Permits Weld County written approval for developers to sign for a Weld County Road required.
An email will suffice.)
1. WCR-40 at SH-60. Note: Permit application received with this referral.
2. WCR-40 at US -85. Note: Permit application received with this referral.
WCR-40 8! SH-60
1. Southbound Hwy 60 to eastbound CR 40 existing left turn deceleration lane
a. extended to 525 feet plus 300 -foot taper per SHAC requirements
2. Westbound Hwy 60 to southbound WCR 40 left turn acceleration lane is warranted.
a. The ditch may be a barrier.
b. CDOT Variance Waiver. If unsuccessful in acquiring right-of-way, the developer must
prove their unsuccessful efforts and submit a design waiver for CDOT approval.
WCR-40 8! Hwy -85
1. Northbound Hwy 85 to westbound WCR 40 existing left turn deceleration lane
a. extended to 525 -feet plus 180 -foot taper per SHAC requirements
2. Eastbound WCR 40 to northbound Hwy 85 existing left turn acceleration lane.
a. existing auxiliary lane extended to 760 -feet plus 180 -foot taper
b. re -striping of lanes for improved truck turning
c. developer addition of 4 -feet of shoulder (width). Length per SHAC requirements.
3. Southbound Hwy 85 to westbound WCR 40 existing right deceleration lane
a. extended to 500 -feet plus 180 -foot taper
Kind Regards,
Rose Valdes
Assistant Access Manager
COLORADO
Department of Transportation
10601 West 10th Street, Greeley, CO 80634
i
Rose.Valdes@state.co.us I http://codot.gov/ I www.cotrip.or
Office Phone (970) 939-2440
On Tue, Dec 31, 2024 at 10:59 AM noreply@weld.gov<noreply@weld.gov>wrote:
The Weld County Planning Department has received a Planning Use By Special Review application, case
# USR24-0028, in which your agency may have an interest. Planning staff requests you review the
application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral
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# USR24-0028, into the Record Number box and search
* Click on the "Record Info" arrow drop -down menu
* Click on "Attachments" to review the application materials
If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100
Thank you,
Diana Aungst
1402 North 17th Ave
Greeley, CO 80631
970-400-6100
daungst@weld.gov
2
Xcel Energvsmy
PUBLIC SERVICE COMPANY
January 3, 2025
1402 North 17th Ave
Greeley, CO 80631
Attn: Diana Aungst
Re: Hunt Dirt Mine #2, Case # USR24-0028
Right of Way & Permits
1123 West 3rd Avenue
Denver, Colorado 80223
Telephone: 303.285.6612
violeta.ciocanu@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
has reviewed the plans for Hunt Dirt Mine #2 and currently has no apparent conflict.
Please be aware PSCo owns and operates existing overhead electric distribution
facilities along County Road 40 and County Road 29.
The property owner/developer/contractor must complete the application process for any
new electric service, or modification to existing facilities via
xcelenergy.corn/InstallAndConnect. It is then the responsibility of the developer to
contact the Designer assigned to the project for approval of design details. Additional
easements may need to be acquired by separate document for new facilities.
As a safety precaution, PSCo would like to remind the developer to call the Utility
Notification Center by dialing 811 for utility locates prior to construction.
Violeta Ciocanu (Chokanu)
Right of Way and Permits
Public Service Company of Colorado dba Xcel Energy
Office: 303-285-6612 — Email: violeta.ciocanu@xcelenergy.com
Hello