HomeMy WebLinkAbout20231967.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review Engineer
DATE: February 1, 2023
SUBJECT: 1MUSR23-14-0005 Terry Grazing Association (Carr East Pit)
The proposal was reviewed regarding the requirements of the Weld County Department of Public Works.
Staff comments made during this phase of the application process may not be all-inclusive, as other issues
may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site -Specific Development Plan and First Major Amended Use by Special Review
Permit, for Open Mining (sand, gravel and stone), materials processing, an Asphalt batch plant, employee
and equipment parking associated with operations, mine support infrastructure outside of subdivisions and
historic townsites in the A (Agricultural) Zone District. (Carr East Pit)
This project is north of and adjacent to CR 126 and is east of and adjacent to CR 17.
Parcel numbers: 02121000002, 020122000003.
Access is from CR 126 - AP14-00043 — Industrial.
ACCESS
Weld County Development has reviewed the application materials related to access.
The site has a permitted existing access point: AP14-00043 (Industrial) onto CR 126.
No other access points have been requested.
Per Sec. 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 accesses are compatible with your layout. Per Sec. 24-8-40, when feasible, there
shall be no net increase in the number of accesses to a public road. Minimum access spacing are shown
in Weld County Code, Sec. 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 126 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified
it shall be dedicated or reserved per Weld County Code. Pursuant to the definition of setback in the Weld
County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware
that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County.
County Road 17 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated or reserved per Weld County Code. Pursuant to the definition of setback in the Weld County
Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This road is maintained by Weld County.
CR 19 is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a
section line road, which has no right-of-way for the first one-half mile north of CR 126. At the one-half mile
mark and north, there is presently 60 feet of unmaintained right-of-way. All setbacks shall be measured
from the edge of the section line right-of-way. This road is not maintained by Weld County.
Per, Sec. 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.weldgov.com/departments/publicworks/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
Recent (2020) traffic data for this portion of CR 126 counted 649 vehicles per day with 55 `)/0 trucks.
The traffic information submitted with the application materials indicates that there will be no additional
traffic associated with this major amendment.
Application materials submitted for USR14-0005 indicated 5-6 passenger vehicle round trips per day and
40 haul truck round trips per day. 50% of the traffic will be traveling east on CR 126 to access onto 1-25,
and 50% of the traffic will be traveling west on CR 126 to access onto SH 85.
No additional traffic information is needed at this time.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS
An Improvements and Road Maintenance Agreement (Rec. No. 4085328) was executed and recorded in
association with USR14-0005. This IA/RMA shall be reviewed to verify that it still adequately addresses
the site and the site traffic.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
In the application materials submitted for USR14-0005, a drainage narrative stating that the site meets
drainage exception was submitted. Exception 6. Gravel pits if the stormwater drains into the gravel pit.
Releases from the site shall comply with the Weld County Storm Drainage Criteria, including dewatering.
Topographical information shall be provided. Located in Sec. 8-11-40. Drainage Policy.
No additional drainage information is needed at this time.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures, parking
lots, laydown yards etc..., a Weld County grading permit will be required prior to the start of construction.
Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early
Release Request Form may be entertained only after the applicant, Planning Department have reviewed
the referral and surrounding property owner comments. The Early Release Request may or may not be
granted depending on referral comments and surrounding property owner concerns. Contact an
Engineering representative from Development Review for more information.
CONDITIONS OF APPROVAL
A. The existing Improvements and Road Maintenance Agreement (Rec. No. 4085328) shall be reviewed
and revised as needed to accurately reflect the amended site plan and site traffic. (Development
Review)
B. The plan shall be amended to delineate the following:
1. County Road 126 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
2. County Road 17 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
3. Show and label the permitted access location onto CR126, approved access width, and the
appropriate turning radii on the site plan. Include the type of access, as well (e.g. Commercial).
(Development Review)
4. Show and label the approved tracking control on the site plan. (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:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. The Property Owner shall comply with all requirements provided in the executed Improvements/Road
Maintenance Agreement. (Development Review)
5. The Improvements/Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (Development Review)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
7. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: February 14, 2023
Re: 1MJUSR23-14-0005 Applicant: : Terry Grazing Association c/o Connell
Resources, Inc
Environmental Health Services has reviewed this Site -Specific Development Plan and First Major
Amended Use by Special Review Permit, for Open Mining (sand, gravel, and stone), materials
processing, an asphalt batch plant, employee, and equipment parking associated with operations,
mine support infrastructure outside of subdivisions and historic townsites in the A (Agricultural) Zone
District. (Carr East Pit)
As this is a temporary use, portable toilets and bottled water are acceptable for sanitary uses.
Noise is restricted to the level allowed in the industrial zone district and noise levels are measured 25
feet from the property line. The application contains a noise modeling report, conducted by Behrens
and Associates, Inc., which indicates the industrial level can be met 25 feet from property boundary.
The report concludes: "Three scenarios were constructed and modeled to represent three possible
mining configurations at the site. For Scenario 1, the mining operation noise modeling results
indicates that the predicted noise levels will be up to 49.0 dBA at Receptor 1. For Scenario 2, the
mining operation noise modeling results indicates that the predicted noise levels will be up to 47.7
dBA at Receptor 4. For Scenario 3, the mining operation noise modeling results indicates that the
predicted noise levels will be up to 47.2 dBA at Receptors 4 and 5." Adherence to the noise modeling
report is required.
Dust abatement will consist of watering roads and not mining when there are high winds. Water used
for dust control will be trucked to the site from an existing well owned by the applicant. An Air
emission permits (APEN) from the State is required and will address dust control for mining
operations, haul roads, and any sand and gravel processing equipment.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
Storage of waste and chemical and petroleum products within the amendment area is not proposed.
Maintenance of mobile equipment will not occur within the amendment area and fueling will take
place using mobile fueling trucks.
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 in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply
with the Colorado Air Quality Commission's air quality regulations. The facility shall be operated in
accordance with the accepted "dust abatement plan", at all times.
5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of
Public Health, and Environment, as applicable.
6. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
modeling report.
7. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the
facility area in a manner that prevents nuisance conditions.
8. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment. Portable
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers,
contain hand sanitizers, and be screened from existing adjacent residential properties and public
rights -of -way.
9. Any On -Site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On -Site Wastewater Treatment Systems.
10. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
12.A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health
and Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable.
13. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations, as applicable.
14.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.
15. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not
equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to
Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be
implemented at the request of the Weld County Department of Public Health and Environment in
the event odor levels detected off site of the facility meet or exceed the level of fifteen -to -one
dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor
condition requiring abatement.
16. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety.
17.The operation shall comply with the Mine Safety and Health Act (MSHA).
18. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
19. 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
Y
January 30, 2023
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Terry Grazing Association Case Number: 1 MJUSR23-14-0005
c/o Connell Resources, Inc.
Please Reply By: February 27, 2023 Planner: Kim Ogle
Project: A Site Specific Development Plan and First Major Amended Use by Special Review Permit,
for Open Mining (sand, gravel and stone), materials processing, an asphalt batch plant, employee
and equipment parking associated with operations, mine support infrastructure outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. (Carr East Pit)
Parcel Number: 020121000002-R0067786 Legal: All of Section 21, T11 N, R67W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 020122000003-R0068086 Legal: Section 21 and the SW4 & S2SE4 & NW4SE4 &
SW4NE4 Section 22, T11 N, R67W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17 and
West of County Road 21
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.
P
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency Weld County Oil and Gas Energy Department
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: 1MJUSR23-14-0005
Associated Parcel: 020121000002-R0067786
OGED Reviewer: Jennifer Teeters
Review Date: February 3, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel, none directly on the
associated parcel.
2. The MJ USR lands may include additional oil and gas related infrastructure, such as off -
location flowlines or pipeline which are a use by right and not regulated by Weld County.
OGED requests that the applicant reviews flowline data available from the COGCC map viewer
and utilize Colorado 811 prior to any excavation activities.
This determination is based upon the review of the application materials submitted by the applicant and
other relevant information available on the E -Permit site.
I
Weld County Referral
January 30, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Terry Grazing Association Case Number: 1 MJLJSR23-14-0005
c/o Connell Resources, Inc.
Please Reply By: February 27, 2023 Planner Kim Ogle
Project: A Site Specific Development Plan and First Major Amended Use by Special Review Permit,
for Open Mining (sand, gravel and stone), materials processing, an asphalt batch plant, employee
and equipment parking associated with operations, mine support infrastructure outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. (Carr East Pit)
Parcel Number 020121000002-R0067786 Legal: All of Section 21, T11 N, R67W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 020122000003-R0068086 Legal: Section 21 and the SW4 & S2SE4 & NW4SE4 &
SW4NE4 Section 22, T11 N, R67W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17 and
West of County Road 21
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agen
Uat‘SJ 1ia3
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
West Greeley Conservation District
(970) 356-8097
Map Soil Name
Symbol I
1�Altvan
4 Ascalon
20 Cascato
29 Haverson
47 Otero
51 Peet
54 Platner
Below is a list of the soils and their limitations accordin to the USDA, Weld County Soil Surve
Soil Texture
Shallow
Excavations
Fine Sandy Loam Severe
Fine Sandy Loam Severe
Gravelly Sandy Loam Severe
Loam _ Severe
Sandy Loam Slight
Gravelly Sandy Loam Severe
Loam Slight
Slight
Slight
e lags Dwellings with Small Septic Tank Prime Farm
without basements Commercial Absorption Land (i€ _
lisp Slight Severe
Slight Slight
Severe Severe
Severe Severe
Slight
Severe
Slight
Yes
Yes
No
Yes
No
No
Slight
Severe Severe
Additional Comments
Slight
_
Slht Slight
Severe
The West Greeley Conservation District recommends that the applicant does an on site sails test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or
contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office.
WEST GREELEY
CONSERVATi*N
DiSTRICT �-
Produced by the West Greeley Conservation District
From: Marette - DNR, Brandon <brandon.marette@state.co.us>
Sent: Friday, February 17, 2023 1:51 PM
To: Kim Ogle <kogle@weldgov.com>
Cc: Troy Florian - DNR <troy.florian@state.co.us>; Watry, Mary Kay H <marykay watry@fws.gov>
Subject: DRMS & PMJM
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good afternoon Kim,
Troy (cc'd) called me on that proposal for gravel mining along Lone Tree Creek, and I
subsequently talked to Mary Kay (FWS, also cc'd) to find out that PMJM is on the other/west side of 1-25
along the creek.
So I figured I'd start a new thread to bring us all together.
• County question: Remind me/us how much of a buffer the applicant is staying away from the
creek? 300'? 500'?
• FWS question: Absent any surveys, what distance what you prefer? It looks like the typical
recommendation is a 300 -foot buffer beyond the limits of the mapped 100 -year FEMA
floodplain. Or given the distance away from the last observation, would a smaller buffer work?
Regards,
Brandon B. Marette, CWB®
Northeast Region Energy Liaison and Land Use Coordinator
Direct (303) 291-7327
6060 Broadway, Denver, CO 80216
brandon.marette@state.co.us
CPW's Energy Webpage
CPW's Wildlife Movements Webpage
Weld County Referral
Y
January 30, 2023
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Terry Grazing Association Case Number: 1 MJUSR23-14-0005
c/o Connell Resources, Inc.
Please Reply By: February 27, 2023 Planner: Kim Ogle
Project: A Site Specific Development Plan and First Major Amended Use by Special Review Permit,
for Open Mining (sand, gravel and stone), materials processing, an asphalt batch plant, employee
and equipment parking associated with operations, mine support infrastructure outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. (Carr East Pit)
Parcel Number: 020121000002-R0067786 Legal: All of Section 21, T11 N, R67W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 020122000003-R0068086 Legal: Section 21 and the SW4 & S2SE4 & NW4SE4 &
SW4NE4 Section 22, T11 N, R67W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17 and
West of County Road 21
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.
P
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
1/a4fad--ellyc¢erL-
Agency Colorado Division of Water Resources
Date 2/2/2023
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
SG
February 2, 2023
COLORADO
Division of Water Resources
Department of Natural Resources
Kim Ogle
Weld County Planning Department
Transmission via email: kogle@weldgov.com
Re: Carr Pit East (DRMS Permit No. M-2022-055)
Case Number 1MJUSR23-14-0005
Pt. S'h Section 22, Twp. 11N, Rng. 67W, 6t" P.M.
Water Division 1, Water District 1
Dear Mr. Ogle:
We have reviewed the above referenced application for a Major Amendment to a Site Specific
Development Plan and Use by Special Review permit for open mining of sand and gravel and
associated operations. The submitted material 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 comments regarding the proposed water
supply. The comments will not state an opinion on the adequacy of the water supply or the ability of
the water supply plan to satisfy any County regulations or requirements.
The application is in regards to a proposed sand and gravel mining operation known as the
Carr Pit East, which will be operated under Colorado Division of Reclamation, Mining and Safety
(DRMS) permit no. M-2022-055. Upon completion of the mining operation the site is proposed to be
reclaimed to its pre -mining use of rangeland. Comments regarding the reclamation permit were
provided to the DRMS in a memorandum dated March 4, 2022.
Mining will occur at the site in two phases, one north of Lone Tree Creek and one south of
Lone Tree Creek. Mining will not occur within the Lone Tree Creek channel. An excavation buffer will
be maintained to prevent disturbing the creek channel. Excavations will be up to an anticipated
depth of 12 feet below ground surface and are not anticipated to intercept groundwater. Water at
the site will be primarily used for dust control and will be trucked from off -site sources, including a
commercial well located at the Tucker Aggregate Pit (M-1980-002) with well permit no. 25144 -F -R.
The use of groundwater from the well with permit no. 25144 -F -R is limited to commercial purposes
associated with aggregate extraction, and was amended on January 31, 2020 to remove a restriction
on the location where the water from the well may be used. The applicant will need to document
that any water used for dust control or other purposes at this site was obtained from a legal source
and be able to provide such documentation to this office upon request.
The applicant proposes to employ two to three equipment operators and up to two truck
drivers to work at the site. Bottled water will be provided for employees. Existing sewage facilities
I.;' S • .:...ii._i. ,,,.:- - F.!:::.-i 's:" . •) 11LlGls:;
J•: c c.:}. ':.r: L.:rta r:: ::.1 1 ;. I I:•s.. c c .I i4 : I]r: •: i : Ia:i r C..
Carr Pit East (M-2022-055) February 2, 2023
Case No. 1MJUSR23-14-0005 Page 2 of 2
at the neighboring Connell Carr Pit (M-2014-001) will be utilized or portable toilet facilities will be
provided in the amendment area.
Stormwater will be diverted into the existing drainageways associated with Lone Tree Creek.
Berms will be utilized to direct stormwater around disturbed areas. Stormwater contacting disturbed
areas will drain into the pit, where according to the applicant it will infiltrate into the ground or be
pumped to Lone Tree Creek within 72 hours. No additional stormwater detention facilities are
proposed. If stormwater runoff intercepted by this operation is not infiltrated into the ground or
released to the stream system within 72 hours, the operator will need to make replacements for
evaporation from the surface area of the intercepted stormwater.
Should you or the applicant have any questions regarding this matter, please contact Javier
Vargas -Johnson at this office at 303-866-3581 x8227 or via email at javier.vargasjohnson@state.co.us.
Sincerely,
Sarah Brucker, P.E.
Water Resources Engineer
Cc: Applicant (Connell Resources, Inc., jwarren®connellresources.com)
Well permit file no. 25144 -F -R
Referral file no. 30419
Submit by Email
Weld County Referral
January 30, 2023
The Weld County Department of Planning Services has received the following item for review:
Applicant: Terry Grazing Association Case Number: 1 MJUSR23-14-0005
c/o Connell Resources, Inc.
Please Reply By: February 27, 2023 Planner: Kim Ogle
Project: A Site Specific Development Plan and First Major Amended Use by Special Review Permit,
for Open Mining (sand, gravel and stone), materials processing, an asphalt batch plant, employee
and equipment parking associated with operations, mine support infrastructure outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. (Carr East Pit)
Parcel Number: 020121000002-R0067786 Legal: All of Section 21, T11 N, R67W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 020122000003-R0068086 Legal: Section 21 and the SW4 & S2SE4 & NW4SE4 &
SW4NE4 Section 22, T11 N, R67W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17 and
West of County Road 21
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.
ri We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
R✓ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency U S. Fish and Wildlife Service
Date 6/2/2023
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
[N REPLY REFER TO
FWS/R6
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Colorado Ecological Services Field Office
123 Union Boulevard, Suite 670
Lakewood, Colorado 80228-1807
Project code: 2023-0041967
June 2, 2023
Kim Ogle, Planner
Weld County Planning Department
1555 North 17th Avenue, Greeley, Colorado 80631
Dear Kim Ogle:
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Mil a HI Il I*I iFF:
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Thank you for your email requesting technical assistance from the U.S. Fish and Wildlife Service
(Service), regarding Case Number 1 MJUSR23-14-0005, Connell Carr Pit USR 14-0005,
received on February 6, 2023. Our initial referral response was provided on February 16, 2023,
including follow up questions that Kim Ogle directed to Bill Schenderlein, Blue Earth Solutions,
the project representative. Additional questions were sent to Bill Schenderlein on February 21
and April 4, 2023. Answers were provided to the Service on March 3 and April 6, 2023.
The Carr Pit East project includes a 166.1 -acre aggregate mining operation adjacent to the
existing Connell Carr Pit site in Weld County, north of Weld County Road 126 and the town of
Carr, Colorado. The area currently consists of rangeland utilized by cattle and bison and contains
short grass prairie upland areas and approximately 5,000 feet of Lone Tree Creek.
The area would be mined using concurrent reclamation practices, mining new areas while
simultaneously reclaiming previously mined areas over approximately a six to ten-year period.
Only about 143.6 acres of the 166.1 -acre area is planned for mining. Mining will progress down
to the depth of quality aggregate material or 8 to 12 feet below the surface. Areas not disturbed
by mining may be disturbed by access roads, stockpiles, material processing, or backfilling and
other reclamation related activities.
The sand and gravel deposit is located on benches adjacent to Lone Tree Creek. The creek
bisects the southern portion of the area for approximately 5,000 feet, and is ephemeral, only
flowing in response to major rain or snowmelt events. The channel lies approximately 10 to
15 feet below the surrounding upland elevation. Mining would not occur within the Lone Tree
Creek channel and equipment would be limited to the top bank of the drainage.
Reclamation would create rangeland, which is the pre -mining land use. After mining, the pit
floor would be blended into the Lone Tree Creek valley and drainage and would be connected to
existing drainages. During final reclamation of the amendment area, roads not necessary for
future access and other disturbed areas will be reclaimed with topsoil and overburden
replacement and vegetative cover to stabilize the areas and minimize erosion.
2023-0041967: Connell Carr Sand and Gravel Pit 2
The proposed project is along a stretch of Lone Tree Creek that is identified as occupied Preble's
meadow jumping mouse (Zapus hudsonius preblei) (Preble's mouse) habitat based on trapping
data. The Preble's mouse is listed as threatened under the Endangered Species Act (ESA). The
project is not anticipated to use federal funding nor impact waters of the U.S. resulting in the
need for permit from the U.S. Army Corps of Engineers; therefore, no federal nexus is present.
The Carr Pit East project has committed to several design elements and best management
practices to minimize potential impacts to the Preble's mouse. These include:
• no on -site storage of waste and chemical and petroleum products, maintenance of mobile
equipment, fueling of mobile equipment using mobile fueling trucks, or fuel storage in
the project area
• storm water runoff from disturbed areas will be contained within the mine pit
• an overburden berm approximately 3 feet high will separate the Lone Tree Creek
drainage area from mine excavations, haul roads, stockpiles, and other
mining disturbances
• concurrent reclamation will limit the total disturbed area at any given time
• topsoil from new mining areas will be immediately spread on previously mined areas for
seeding
• the pit floor will be blended into the Lone Tree Creek valley and drainage and will be
connected to existing drainages
• pit side slopes will be backfilled and graded to 3H:1 V or shallower where possible and no
slopes will be reclaimed any steeper than 2H:1 V
• grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding
natural topography and drainage patterns
• all areas disturbed by mining activities will be prepared with topsoil and overburden and
revegetated during reclamation
• revegetation will generate a blend of grass species and given suitable precipitation,
should produce good vegetation cover over much of the reclaimed site
• silt fence or other sedimentation best management techniques shall be installed in
all significant drainages within about 50 feet of the edge of the affected land
• at natural topographic low spots upgradient and adjacent to the berm, sediment ponds will
be constructed to catch stormwater and reduce suspended sediment prior to discharge into
the Lone Tree Creek drainage area
• during final reclamation of the amendment area, roads not necessary for future access and
other disturbed areas will be reclaimed with topsoil and overburden replacement and
vegetative cover to stabilize the areas and minimize erosion.
2023-0041967: Connell Carr Sand and Gravel Pit 3
Given that the project occurs in an area previously disturbed by grazing, there will be no
additional disturbance of riparian vegetation, and that conservation measures will be applied, we
feel that take is not reasonably certain to occur for the Preble's mouse as a result of this proposed
project. We appreciate your efforts to ensure the conservation of threatened and endangered
species. If you have questions or comments related to this project, please contact Mary Kay
Watry by email at marykay_watry@fws.gov.
Sincerely,
Liisa Niva
Eastern Colorado Supervisor
Colorado Ecological Services Field Office
cc: Bill Schenderlein, P.E., Blue Earth Solutions, LLC
Brandon Marette, Northeast Region Energy Liaison and Land Use Coordinator, Colorado
Parks and Wildlife
Weld County Referral
Y
January 30, 2023
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Terry Grazing Association Case Number: 1 MJUSR23-14-0005
c/o Connell Resources, Inc.
Please Reply By: February 27, 2023 Planner: Kim Ogle
Project: A Site Specific Development Plan and First Major Amended Use by Special Review Permit,
for Open Mining (sand, gravel and stone), materials processing, an asphalt batch plant, employee
and equipment parking associated with operations, mine support infrastructure outside of
subdivisions and historic townsites in the A (Agricultural) Zone District. (Carr East Pit)
Parcel Number: 020121000002-R0067786 Legal: All of Section 21, T11 N, R67W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 020122000003-R0068086 Legal: Section 21 and the SW4 & S2SE4 & NW4SE4 &
SW4NE4 Section 22, T11 N, R67W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 126, east of and adjacent to County Road 17 and
West of County Road 21
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.
P
F -
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency U.S. Fish and Wildlife Service
Date 2/14/2023
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
From: Watry, Mary Kay H <marykay_watry@fws.gov> On Behalf Of ColoradoES, FW6
Sent: Tuesday, February 14, 2023 12:16 PM
To: Kim Ogle <kogle@weldgov.com>
Subject: USR application, case # 1MJUSR23-14-0005, FWS project #2023-0041967
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.
Kim,
Attached is your referral form. Specific follow up questions and comments are included below and serve
as our "attached letter".
The federally listed Preble's meadow jumping mouse occurs within the Lone Tree Creek Drainage as
verified through trapping efforts upstream.
In the application under the State and Federal Permits section, the applicant states, "An Army Corps of
Engineers Clean Water Act Section 404 permit may be necessary for disturbances to the Lone Tree
Creek drainage..." If a USACE permit is required, there is a federal nexus, and the USFWS consults with
USACE on Endangered Species Act (ESA) requirements. If there is no federal nexus, we work directly
with the applicant. Has the applicant contacted the USACE to determine whether they need a permit? If
so, please let us know the outcome so that we can proceed with the appropriate consultation pathway. If
not, please let us know when you have confirmed USACE permit requirements so that we can move
forward with ESA consultation.
Regardless of the consultation pathway, we would like to know if the applicant is committed to an
avoidance buffer around the Lone Tree Creek 100 -year floodplain and riparian corridor?
With appreciation,
Mary Kay Watry
U.S. Fish and Wildlife Service
Colorado Ecological Services Field Office
134 Union Blvd.
Lakewood, CO 80228
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