HomeMy WebLinkAbout20232703.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: June 29, 2023
SUBJECT: USR23-0018 Korwell Land Holdings LLC
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning Services. 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. It is noted that
an acceptable traffic study has not been received. This study may result in revisions to this referral.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: 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.
Parcel number: 105725000016.
Access is onto CR 35 {AP13-00429 O&G; AP12-00262 O&G (Two Access Points)) and onto CR 40 {AP12-
00342 Commercial; APTOG22-0082 Temp. O&G to be closed by 12/1/2023).
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed a new access point onto CR 35. The applicant shall obtain an access permit
for a location that meets the Minimum Access Spacing Criteria, as specified in Table 1 below.
ACCESS
Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signalized
2,640
N/A
N/A
Unsignalized
1,320
1,320
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
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 location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Please refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 35 is a gravel 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
on the site map the future and existing right-of-way and the physical location of the road. If the right-of-way
cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec.
23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
County Road 40 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 on
the map the future and existing right-of-way and the physical location of the road. If the right-of-way cannot
be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-
90, the required setback is measured from the future right-of-way line. Be aware that physical roadways
may not be centered in the right-of-way. This road is maintained by Weld County.
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
There are no recent traffic counts for this portion of CR 35.
The applicant submitted a traffic narrative stating that there will be a maximum of 200 truck trips per day
with 50% traveling north on CR 35 and 50% traveling south on CR 35.
A traffic study, stamped and signed by a professional engineer licensed in the State of Colorado, 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 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
This site requires double cattle guards and 100 ft. of road base or road base on all driving surfaces
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 haul routes, triggered off -site improvements, and up -front improvements.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review . It will detail
the approved haul route(s), outline when up -front off -site improvements, designate when other off -site
improvements will be triggered, and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of 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.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site meets drainage exception 8.
Development of sites where the change of use does not increase the imperviousness of the site. Located
in Sec. 8-11-40. Drainage Policy.
It is noted that the Colorado DRMS M-2022-034 permit requires reclamation and stormwater management.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
A. An acceptable Final Traffic Study, stamped and signed by a professional engineer licensed in the
State of Colorado, shall be submitted. (Development Review)
B. 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.
(Development Review)
C. The USR map shall be amended to delineate the following:
1. County Road 35 is a gravel 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 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 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 existing permitted accesses and the proposed access onto CR 35 and
onto CR 40. For the proposed access, specify the approved access width, and the
appropriate turning radii on the site plan. (Development Review)
4. Show and label the site drainage flow arrows. (Development Review)
5. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (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. 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)
4. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
5. The Improvements 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)
COUNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: July 13, 2023
Re: USR23-0018 Applicant: Korwell Land Holdings, LLC
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and 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.
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 restricted to the level allowed in the industrial zone district. The application did
contain a noise report conducted by Baseline Engineering. The report indicated:
"tractors, combines and harvesters have very similar noise levels to the scrapers and
loaders that will be utilized. Additionally, the miner intends to mine soil approximately 1-
1.5 feet deep which should reduce the noise impact from using the equipment further.
The mining area is also positioned approximately 80' from the western property line,
which is closest to neighboring residences, to reduce any potential noise. Additional
ways to mitigate noise is to keep equipment well maintained and install mufflers when
necessary. The miner intends to use these methods, as well as reasonable hours of
operation to reduce noise impacts to surrounding property owners."
An APEN may be needed for on -site dust, an application has been submitted to the
State.
A dust abatement plan was submitted. A water truck will be available, and mining
and stockpiling will not occur on windy days.
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
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 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
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 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. 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.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.
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.
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR23-0018
Associated Parcel: 105725000016-R4420986
OGED Reviewer: Jennifer Teeters
Review Date: June 22, 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.
2. The parcel includes seven (7) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-37764
PDC Energy Inc
Sandau #K25-66-1HN
PR
05-123-37763
PDC Energy Inc
Sandau #K25-65-1HN
PR
05-123-30078
Noble Energy Inc
Sandau #K25-24
PR
05-123-16274
Noble Energy Inc
Sandau & Bartels #25-14F
PR
05-123-38087
PDC Energy Inc
Sandau State #K25-62-1HNL
PR
05-123-14923
Noble Energy Inc
Sandau & Bartels #25-12F
SI
05-123-14924
Noble Energy Inc
Sandau & Bartels #25-13F
SI
3. The parcel includes two (2) plugged and abandoned (PA) well listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Colorado Oil and Gas Conservation Commission (COGCC). OGED recommends that the
Applicant review this information and contact the responsible operator regarding well
infrastructure that may have been abandoned in place prior to conducting operations in
proximity to the wells.
API
Operator
Well Title
Well Status
05-123-16275
Noble Energy Inc
Sandau & Bartels #25-11F
PA
05-123-15330
PDC Energy Inc
L H Miller Unit #2
PA
4. The 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.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Aso
June 21, 2023
COLORADO
Division of Water Resources
Department of Natural Resources
Kim Ogle, Principal Planner
Weld County Department of Planning Services
Transmission via email: kogle@weld.gov
Re: Planning Use by Special Review Permit
Case Number: USR23-0018, Applicant: Korwell Landholdings, LLC
SW 1/4 of Sec. 25, Twp. 4N, Rng. 66W, 6th P.M., Weld County
Water Division 1, Water District 2
Dear Kim Ogle:
We have received your June 15, 2023 referral regarding the above -referenced Planning Use by
Special Review Permit to allow topsoil mining on a 162 acre parcel described as the SW' of Sec 25,
Twp. 4N, Rng. 66W, 6th P.M. located at 19350 County Road 35 LaSalle, Colorado 80645.
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
guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical
availability of water.
According to the referral, the proposed drinking water supply source for the mining operation will
be bottled water for personal use, and occasional water trucks for dust control. The source of the
water for dust control purposes was not specified.
A review of our records indicate that 3 wells operating under permit nos. 8522 -R -R, 76241-F, and
140237-A are located on the subject property. Well permit no. 8522 -R -R was issued on July 15, 2003
as a replacement to the original well permit no. 8522-R and was originally decreed as Bierig Land
Co. Well #1 - 8522 for irrigation purposes under case no. W-5531. Well permit no. 76241-F was issued
on August 8, 2012 to add additional uses to the existing well -constructed under well permit no.
8522 -R -R, including industrial uses and equipment washing, oil and gas exploration, development,
reclamation, and dust suppression. Well permit no. 140237-A was issued on July 9, 1985 as a
replacement to the original well permit no. 140237 and was originally decreed as Bierig Land Co.
Well #2 for domestic purposes in case no. W-5531.
Prior to using well permit nos. 8522 -R -R, 76241-F, and 140237-A for any allowable permitted uses
associated with the topsoil mining project (including dust suppression, development, etc.) well
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 Kevin G. Rein, State Engineer/Director
USR23-0018 Korwell Landholdings, LLC, Weld County Page 2 of 2
June 21, 2023
permits to allow for such uses must be obtained. In addition, the wells must operate pursuant to a
water court approved augmentation plan that would allow for such uses. Our records indicate the
owner of well permit no. 76241-F applied in Division 1 Water Court case no. 12CW0132 to add this
well and associated uses to the augmentation plan decreed in case no. 08CW0071, but the
application was dismissed by the court.
Please contact Mike Matz at 303-866-3581 x8241 or at michael.matz@state.co.us with any questions.
Sincerely,
loana Comaniciu, P.E.
Water Resources Engineer
Ec: Referral no. 30804
Applicant Authorized Agent (will.charles@baselinecorp.com)
Water well permit nos. 8522 -R -R, 76241-F, and 140237-A file
Hello