HomeMy WebLinkAbout20232710.tiffEXHIBIT INVENTORY CONTROL SHEET
CASE USR23-0018 - KORWELL LAND HOLDINGS, LLC
Tyler
Exhibit Submitted BY Page # Description
Planning
A. Commission Resolution of Recommendation
Planning
B. Commission Summary of Hearing (Minutes dated 9/5/2023)
C. Planning Services PowerPoint Presentation
D. Rocky Rissler Email correspondence (received 9/22/2023)
E. Rick Krumpeck Email correspondence (received 9/22/2023)
Traffic Impact Study, dated 9/11/2023
F. Planning Services (received 9/26/2023)
Response to email received from Rocky Rissler
G. Applicant (received 9/26/2023)
H. Applicant PowerPoint Presentation (received 9/27/2023)
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2023-2710
USR23 0018
Applicant: Korwell Land Holdings, LLC
Planner: Kim Ogle
Request: A Site Specific Development Plan and Use by Special Review
Permit for Open Mining (topsoil) and employee and equipment parking
associated with operations outside of subdivisions and historic townsites, in the
A (Agricultural) Zone District.
Legal Description: SW1/4 of Section 25, Township 4 North, Range 66 West
of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 40; east of and adjacent to
County Road 35.
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LEGEND
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EXISTING CONTOURS
E MSTING PARCEL BOLNDARY
PRO POSED PHASE BOUNDARY
RIGHT OF WAY
EARTHEN DITCH
PROPERTY B OUNDA.RY
STRUCTURES WITHIN 200 FEET;
A.POWER LINES/POLES, WEST SIDE OF WELD COUNTY ROAD 35 (APPROX..26-FOOT
SETBACK}
a . k CEL ENERGY. 1800 LAR IM ER STREET, D EN VER, CO 80202.
B. SI NG LE-FAM I LY HOM E, SOUTHEAST CORNER OF WELD COUNTY ROAD 35 AND
WELD COUNTY ROAD 40 (APPROX. 120 -FOOT SETBACK}
a. LEILA BERIG. 13952 COUNTY ROAD 35, LA SALLE, [020&5
C.SINGLE-FAMILY HOM E, SOUTHW EST CORNER OF WELD COUNTY ROAD 35 AND
WELD COUNTY ROAD 40 (APPROX. 200 -FOOT SETBP.CK}
a. ERIC EWING. 16974 CDUNTYROAD 40, LA SALLE, CO80645
D.SINGLE-FAM IL? HOME, WEST SIDE OF WELD COUNTY ROAD 35 (APPROX.
164 -FOOT SETBACK}
a. RODN IC K & ELISE U LRICH. 19401 COUNTY ROAD 33, LA SALLE, CO 00645
E. POWER LINESIPOLES, SOUTH SIDE OF WELD COUNTY ROAD 40 (APPROX.
70 -FOOT SETBACK}
a. XCEL ENERGY. 1200 LAR IM ER STREET, DENVER, CO 80202
F. OIL ANDGASAPPRUTENANCES, NORTHWEST DRY CORNER OF THE PROPERTY
(APPROX. 67 -FOOT SEBACK}
a. PDC ENERGY. 1775SHERMANSTREET, SUITE3000, DENVER, CO80203
G.OILAND GAS APPURTENAN CB, NORTH OF N ORTHWEST QUARTER (APPROX.
175 -FOOT SETBACK}
a. PDC ENERGY. 1775 SHERMAN STREET, SUITE 3000, DENVER, CO8D203
H. OIL AN D GAS APPURT EN AN C ES, NORTH OFNORTHEAST QUARTER (APPROX.
14 5 -FOOT SETBACK}
a. CHEVRON. 6001 BOLLINGER-CANYON RD,SAN RAM ON, CA 94523
I. VERTICAL OIL WELL, NORTHEAST QUARTER OF THE PROPERTY (SETBAC K NIA}
a. CHEVRON. 6001 BOLLINGER CANYON RD, SAN RAM ON, CA 94583
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USR23-0018
KorweII Dirt Mine
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EXHIBIT
Jessica Reid
i
Subject: FW: Korwell soil mine
Lizea3- 66 1
From: Tom Parko Jr <tparko@weld.gov>
Sent: Friday, September 22, 2023 6:48 AM
To: Kim Ogle <kogle@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: Fwd: Korwell soil mine
FYI
Sent from my iPhone
Begin forwarded message:
From: Rocky Rissler <rockyrissler@gmail.com>
Date: September 21, 2023 at 8:18:49 PM MDT
To: Lori Saine <Isaine@weld.gov>, Tom Parko Jr <tparko@weld.gov>
Subject: Korwell soil mine
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.
Please share this email with Weld County Commissioners and weld county planning department. I apologize
for only sending it to you two but in all honesty that's the email addresses in my computer.
On September 5, 2023 I went to my first planning meeting. The meeting was for the Korwell Soil Mine. I left
there more confused, and with more questions than when I arrived. My understanding of the next step is
to put my questions in writing and send them to the county commissioners. I believe that the
representatives from Korwell will have the opportunity to review the questions and hopefully have suitable
answers. The questions are in no particular order, so not ranked most to least important or anything like
that.
1. How many trips will there be per day? During the planning meeting that question was raised
and 20 trips, 200 trips or 30 trips per day was the answer given. what is the actual number of round trips
planned per day? Who holds them accountable if they say 20 trips but actually do 200 trips? I realize that's
extreme but I have seen crazier things happen.
2. What haul route will be used? Again at the planning meeting this was discussed, but nothing was
decided. The applicant agreed to using County Road 35 North County Rd., 42 which is a paved
3
What about the high-pressure gas lines running under this property? This also was brought up during the
planning meeting, and there was no resolution to the question. My understanding is those pipes are not
designed for the constant, heavy weight of a land mover going back -and -forth over it. I would request
documentation from the operators of those pipelines to be sure that they can withstand that kind of
punishment. For obvious reasons, there is great concern that a pipeline will get cracked and not be
detected until it explodes sometime down the line.
4.
Where are all of the gas lines and who operates them?
1
Alongthe same lines of wanting some reassurance, that the 50 inch high-pressure line can handle the kind
of abuse mentioned in #3, I think it's important that everyone is aware of where all of the gas lines are and
how they are rated for downward pressure
5
What is the future use of this land? Originally, it was answered that the land would be returned to
farmland, but the applicant finally admitted that would be impossible with no topsoil
6
What is the actual legal name of the entity that will be financially responsible for reclamation? In the
application to the state and the application to Weld County, different variations of the company name are
used I'm certainly not implying that this company would not plan to do reclamation, it's just important to
have the correct name on the paperwork
7
Can we get soil samples from multiple sites and depths?
This piece of property has been a known dumping site for who knows what Because no one is exactly sure
what has been dumped there and will then be stirred up during the process of harvesting the topsoil, it is
requested that soil samples be performed from multiple sites and multiple depths Any VOCs and/or PFAs
(forever chemicals) will be released into the air during the churning process and the residents near the soil
mine will be the unintended victims
8
Who maintains the road?
County Road 35 is notorious for falling apart during any type of weather event The spring the rains washed
away more than half of the road
9
What will the hours of operation be?
During the planning meeting Monday thru Friday 8 AM to 5 PM was discussed Again, it seemed like there
was agreement, but nothing in writing
As I mentioned in the beginning, I'm not sure what the next step is Should I look for a response to this
email from the county commissioners? I am assuming since I was encouraged to put my questions in
writing that I will receive answers to my questions or at the very least an acknowledgment that this email
has been received and reO
Sent from my iPad
O
2
Jessica Reid
Subject:
Attachments:
Korwell soil mine
Korwell.docx
From: Tom Parko Jr <tparko@weld.gov>
Sent: Friday, September 22, 2023 8:50 AM
To: Kim Ogle <kogle@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: FW: Korwell soil mine
FYI.
Tom Parko
Director, Dept. of Planning Services
Weld County Goverment
1402 N. 17th Avenue
Greeley, Colorado 80631
tel: 970-400-3572
tparko@weld.gov
0
D
ID
From: Rick Krumpeck <rick@aintrightranch.com>
Sent: Friday, September 22, 2023 8:22 AM
To: Tom Parko Jr <tparko@weld.gov>
Subject: Korwell soil mine
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.
Comments from planning meeting that the County Commissioners need to address.
Rick Krumpeck
1
It is my understanding that there will be a stockpile of product left daily What dust mitigation is planned
during working hours, but also during non working hours There have been severe wind storms in our
area depositing over 18 inches of blowing sand and dust on some neighboring properties Will Korwell
be held liable for damages and mitigation There are numerous farms with Cattle, horses and other
animals within a 1 mile radius
There is a feedlot directly west of the proposed site The dust will create respiratory illness in these
animals
Is the proposed area to be lit, if so will all lighting be turned off daily?
What is a good 24 hr contact number in the event of an emergency?
Will this facility adhere to the maximum decibel of 65 during working hours
Will there be 24 hr security
This parcel has been filled using drilling mud for years, how can it be used for topsoil Disturbing the
ground will release possible toxic chemicals into our area How would you like to live here? Who will be
monitoring the air quality? Will daily samples be taken? Will results be uploaded to a database and
made available to the public?
How will the road be maintained with the increased truck traffic? I have read the permit and it states
200 trucks per day What is the proposed haul route
I am concerned about the high pressure gas lines that were installed terminating at the Mewbourn plant
Pipelines were placed at approx 4 foot depth These lines were not meant to be traversed with heavy
loads When 12-18 inches of soil is removed that leaves less than 3 feet of cover
What are the proposed working hours, I feel that there needs to be community acceptable working
hours imposed No work on weekends
How will reclamation be accomplished to an agricultural status if they are mining topsoil If topsoil is
removed all that is left is basically fill dirt that has no organic value to grow anything
At the planning meeting there were several questions left unanswered by the applicant, I feel these all
need to be addressed before moving forward How could the planning commission approve the request
with questions they asked were unanswered
TRAFFIC IMPACT STUDY
To: Weld County
From: Baseline Corporation
Date: September 11, 2023
Re: Korwell Dirt USR — Parcel ID 105725000016
OVERVIEW
This traffic generation memo is prepared to accompany the USR application for Korwell Dirt at Parcel ID
105725000016. This memo provides an overview of the anticipated traffic generation associated with this
site. The site is located NE of the intersection of WCR 35 and WCR 40. The proposed use is for a soil mine
to be used at neighboring oil and gas sites. No structures are anticipated with this development.
BACKGROUND
Traffic access:
The site is anticipated to be accessed by an existing access along WCR 35. This location would provide the
greatest separation between the access point and nearby residential property owners.
Operational equipment:
No structures are anticipated with this development. A Scraper and Loader will be on -site to mine the top
soil, stockpile, and load the trucks for removal. Dump trucks with a carrying capacity of approximately 10
tons will be used to carry the soil off site.
Duration:
The top soil mine is only anticipated to be in commission for 4-6 years. At which time, the traffic of the
site is anticipated to return to levels that are currently found on the site.
TRIP GENERATION
Operational Traffic:
The following table summarizes the anticipated traffic generation numbers per day on the site. Traffic
numbers are separated based on the operational phase with which they are associated. The proposed
hours of operation are daylight hours, with an anticipated average of 20 truckloads per day. These trips
are intended to be spread throughout the day with the maximum number on any given day not to
exceed 30 trips. Per the request of neighboring property owners, trips will be limited to entering/exiting
only from the North of the property. Additionally, the site will have a maximum of 3 employees on site
at any given time.
Table 1 Operational Traffic Trip Generation Summary Table
Phase
Maximum Daily (IN/Out)
Employees/Trucks
Average Daily
Vehicle Trips
Daily Vehicle
PCEs*
Average Daily Operation
Employee Tnps
3 employees/day
2 vehicle
taps/day
2 PCE/day
Semi -Truck Trips
30 trucks/day
20 truck
trips/day
60 PCE/day
Total Daily Tnps
62 PCE/day
*PCE = Passenger Car Equivalent General Light Industrial (110)
The weekday morning and evening peak hour rates are calculated during the traditional commuting peak
hours of the adjacent street traffic (that is, 7 00 a m to 9 00 a m and 4 00 p m to 6 00 p m )
Trip numbers provided by Korwell show a total average of 20 daily trips 100% of traffic will enter or leave
along WCR 35, with 100% of traffic heading North, to Oil & Gas appurtenances on nearby sites
Using the newest trip generation methods and information provided by Korwell, the proposed top soil mine
will generate an additional 20 round trips The increase in vehicular traffic along WCR 35 due to this project
will not affect the current level of service for nearby streets and intersections Based on the information
provided in this narrative, the proposed top soil mine will not negatively impact nearby traffic patterns in any
way
The 11. edition ITE Manual predicts less trips than the information provided by Korwell Therefore, the
numbers provided by Korwell shall be used for this analysis
TRAFFIC HOURS
Traffic associated with the site will be spread over daylight hours Traffic will not be restricted to just one period
of the day The number of trucks accessing the site will depend on Top -Soil demands Korwell estimates an
average daily trip amount of 20 trucks per day The greatest number of trips is expected to occur in the AM
peak hour
ACCESS
The project will utilize an existing oil and gas access located near the NW corner of the property
TRIP DISTRIBUTION
Direction of traffic will generally depend on the location of the Oil & Gas site ordering the top -soil These trips
will begin by heading North, and then generally these trips are anticipated to be roughly 60 W/10 N/ 30 Eat
the intersection with WCR 42 The operation will require magnesium chloride applications at an appropriate
interval to mitigate dust Once on 42 the trips will be dispersed along the route to the project sites which may
include trips onto HWY 85 depending on distance, of which 50% are expected to head North and 50% South
All trips are anticipated to be located within the boundaries of Weld County
CONCLUSION
The use of the site and associated traffic is consistent with uses permitted in this area The intersection of WCR
35 and WCR 40 has adequate line of site for proposed traffic volumes In addition the limited trip lengths are
not likely to cause traffic volume concerns
EXHIBIT
Jessica Reid
to
Subject: Korwell soil mine
From: Kim Ogle <kogle@weld.gov>
Sent: Tuesday, September 26, 2023 4:47 PM
To: Jessica Reid <jreid@weld.gov>
Cc: CTB <CTB@co.weld.co.us>; Will Charles <will.charles@baselinecorp.com>
Subject: FW: Korwell soil mine
Jess
Please add to the case file for USR23-0018 Korwell
Attached are responses to the email inquiry
Thank you
Kim
From: Will Charles <will.charles@baselinecorp.com>
Sent: Tuesday, September 26, 2023 4:14 PM
To: Kim Ogle <kogle@weld.gov>
Subject: RE: Korwell soil mine
C
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.
Hi Kim,
I answered the questions below in red. Let me know if you would prefer me follow up with them directly.
WILL CHARLES, AICP I PRINCIPAL PLANNER
Baseline Engineering Corporation I Engineering, Planning, & Surveying
Phone: 281 352.27091 www.baselinecorp.com I Social Media
Office: 112 N. Rubey Drive, #210, Golden, CO 80403
I will be out of office at a conference 9/27 through 9/29 with limited access to email or phone calls.
From: Kim Ogle <kogle@weld.gov>
Sent: Tuesday, September 26, 2023 8:56 AM
To: Will Charles <will.charles@baselinecorp.com>
Subject: FW: Korwell soil mine
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Will
Back in town this morning,
Email received to date includes the following
Kim Ogle
Principal Planner
Weld County Planning Services
1402 N. 17th Avenue I Greeley
970.400.6100 Office
1
970.400.3549 Direct
kogle@weld.gov
Confidentiality Notice: 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: Tom Parko Jr <tparko@weld.gov>
Sent: Friday, September 22, 2023 6:48 AM
To: Kim Ogle <kogle@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: Fwd: Korwell soil mine
FYI
Sent from my iPhone
Begin forwarded message:
From: Rocky Rissler <rockyrissler@gmail.com>
Date: September 21, 2023 at 8:18:49 PM MDT
To: Lori Saine <Isaine@weld.gov>, Tom Parko Jr <tparko@weld.gov>
Subject: Korwell soil mine
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.
Please share this email with Weld County Commissioners and weld county planning department. I apologize
for only sending it to you two but in all honesty that's the email addresses in my computer.
On September 5, 2023 I went to my first planning meeting. The meeting was for the Korwell Soil Mine. I left
there more confused, and with more questions than when I arrived. My understanding of the next step is
to put my questions in writing and send them to the county commissioners. I believe that the
representatives from Korwell will have the opportunity to review the questions and hopefully have suitable
answers. The questions are in no particular order, so not ranked most to least important or anything like
that
1. How many trips will there be per day? During the planning meeting that question was raised
and 20 trips, 200 trips or 30 trips per day was the answer given. what is the actual number of round trips
planned per day? Who holds them accountable if they say 20 trips but actually do 200 trips? I realize that's
extreme but I have seen crazier things happen. The average number of truckloads leaving the site per day
will be 10 (for traffic studies a trip is considered one directional travel i.e. in or out of the site. So 10
truckloads = 20 trips). With a maximum truckloads per day of 15 or 30 trips.
2. What haul route will be used? Again at the planning meeting this was discussed, but nothing was
decided. The applicant agreed to using County Road 35 North County Rd., 42 which is a paved The haul
route has been revised since planning commission to only allow traffic to go North to 42 where it will
disperse in directions relative to where the final destination of the soil is.
3. What about the high-pressure gas lines running under this property? This also was brought up
during the planning meeting, and there was no resolution to the question. My understanding is those pipes
are not designed for the constant, heavy weight of a land mover going back -and -forth over it. I would
request documentation from the operators of those pipelines to be sure that they can withstand that kind
2
of punishment. For obvious reasons, there is great concern that a pipeline will get cracked and not be
detected until it explodes sometime down the line. This development will utilize the existing oil and gas
access point that already exists on the property and crosses over this gas -line. Additionally, the gas -line was
required to be constructed a minimum of 48" in depth.
4. Where are all of the gas lines and who operates them? Easements are provided on the plan.
Along the same lines of wanting some reassurance, that the 50 inch high-pressure line can handle the kind
of abuse mentioned in #3, I think it's important that everyone is aware of where all of the gas lines are and
how they are rated for downward pressure.
5. What is the future use of this land? Originally, it was answered that the land would be returned to
farmland, but the applicant finally admitted that would be impossible with no topsoil. No such thing was
stated. 3-6 inches of top soil will remain across the entirety of the site. We have a DNR approved
reclamation plan that involves grading, seeding, and revegetation of the site after each quadrant is
completed.
6. What is the actual legal name of the entity that will be financially responsible for reclamation? In the
application to the state and the application to Weld County, different variations of the company name are
used. I'm certainly not implying that this company would not plan to do reclamation, it's just important to
have the correct name on the paperwork. As stated on the application Korwell Land Holdings, LLC is the
owner and operator of the site. Korwell Land Holdings, LLC would be responsible for reclamation.
7. Can we get soil samples from multiple sites and depths? This site is an active agricultural site, and this soil
will be used for reclamation purposes.
This piece of property has been a known dumping site for who knows what. Because no one is exactly sure
what has been dumped there and will then be stirred up during the process of harvesting the topsoil, it is
requested that soil samples be performed from multiple sites and multiple depths. Any VOCs and/or PFAs
(forever chemicals) will be released into the air during the churning process and the residents near the soil
mine will be the unintended victims.
8. Who maintains the road? The county is responsible for maintaining county roads. A road maintenance
agreement for any additional traffic/damage caused by this development is a condition of approval for this
project
County Road 35 is notorious for falling apart during any type of weather event. The spring the rains washed
away more than half of the road!
9.What will the hours of operation be? Hours of operation are daylight hours, with limited weekend
activity
During the planning meeting Monday thru Friday 8 AM to 5 PM was discussed. Again, it seemed like there
was agreement, but nothing in writing.
As I mentioned in the beginning, I'm not sure what the next step is. Should I look for a response to this
email from the county commissioners? I am assuming since I was encouraged to put my questions in
writing that I will receive answers to my questions or at the very least an acknowledgment that this email
has been received and reO
Sent from my iPad
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