HomeMy WebLinkAbout20220357.tiffMEMORANDUM
TO: Michael Hall, Planning Services
FROM: Melissa J King, PE, Development Review Engineer
DATE: October 13, 2021
SUBJECT: USR21-0019 Hunt
This proposal was reviewed on behalf 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 Use by Special Review Permit for open mining
(soils) and processing of minerals outside of subdivisions and historic townsites in the A (Agricultural) Zoned
District. (Hunt Farms - WCR 40 Dirt Mine).
This project is south of and adjacent to CR 40 and is west of and adjacent to CR 31.
Parcel number 105733100002 (Lot B RECX14-0042), 105733100001 (Lot A RECX14-0042),
105733100049 (Lot B AM RE -993).
Access is from CR 40 (AP14-00186).
ACCESS
Weld County Public Works has reviewed the application materials related to access.
The parcels have existing permitted agricultural access (AP14-00186) onto County Road 40. As the type
of access is changing, the applicant shall obtain an access permit for this location for the new land use.
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 Public Works 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 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
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 33 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.
County Road 31 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.
County Road 42 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.
Also, please be aware that County Road 42 is planned for pavement resurfacing in the next year.
The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental
Linkages (PEL) Study. There is also a US 85 Access Control Plan. The objective of the US 85 PEL Study
and the US 85 Access Control Plan is to develop a strategic vision for US 85 between 1-76 and the Town
of Nunn. Please review the US 85 PEL Study and the US Access Control Planto ensure you are in
compliance with the requirements. More information about this study and the plan can be accessed at:
https://www.weldgov.com/Government/Departments/Public-Works/Transportation-Planning/Regional-
Transportatlon-Planning .
Per the US 85 ACP: CR 42 at Highway 85 - This four -legged intersection is currently unsignalized. CR 42
intersects US 85 at an oblique angle (50 degrees). When the median at CR 31 is closed, this will be the
primary access from the high school to the north. It will be realigned to an intersection angle of 75 degrees
or more (high priority). It will also be signalized when it is warranted for traffic or safety reasons.
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.weIdgov.com/departments/pubs Icworks/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.
RIGHT-OF-WAY USE
This project appears to use Weld County Right -of -Way to access onto County Road 40. This use may
require a Right -of -Way Use Permit. The Right -of -Way Use Permit is a tool to help regulate unauthorized
obstructions of, excavations in, and use of the County's rights -of -way and easements by utilities and line
providers by requiring permits for ALL construction activities within the Weld County rights -of -way, whether
gravel or paved, and including all public drainage easements. A Right -of -Way Use Permit grants a permit
holder permission to occupy, excavate, survey, perform locations, or construct facilities within the County
rights -of -way or easement, and provide for the subsequent restoration upon completion. Review the
following link for additional information:
https://www.weIdgov.com/Government/Departments/Public-Works/Permits/Right-of-Way-Permits
TRAFFIC
Latest ADT (2013) on CR 40 counted 417 vpd with 22% trucks. The 85th percentile speed is 47 mph.
The traffic information submitted with the application materials indicated that there will be approximately 65
daily roundtrips of which 5 will be passenger vehicles and 60 will be semi -trucks and tandem trucks. 100%
of the traffic will be going to the east on CR 40, then to the north on CR 33, and then to the west on CR 42
to access Highway 85.
Additional traffic information may be needed in a Final Traffic Impact Study.
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 Public Works for review and consideration.
This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS
Public Works is requesting an Improvements and Road Maintenance Agreement for dust control, damage
repairs to specified haul routes, triggered off -site improvements and up -front off -site improvements. The
up -front off -site improvements include but are not limited to the following:
Upgrade County Road 40 to meet Weld County Code Chapter 8 standards. County Road 40 is
considered a local road. This includes paving CR 40 from west of the access point to 50 feet
beyond/east of the intersection of CR 40 and CR 33.
• Upgrade County Road 33 to meet Weld County Code Chapter 8 standards. County Road 33 is
considered a local road. This includes paving CR 33 from 50 feet south of the intersection of CR
33 and CR 40 north to CR 42, a paved collector.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review .
It will detail the approved haul route, outline the required 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 an Urbanizing Drainage Area: 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, 5 -year storm falling on the undeveloped site for URBANIZING areas.
Existing Drainage Report and Detention Pond Exception:
Please submit a drainage narrative stamped and signed by a Colorado Licensed Professional Engineer
that proves that the site meets exception number 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
dewaterina. ToDoaraDhical information shall be Drovided.
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, 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
an Engineering representative from the Public Works for more information.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for up -front 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. (Department of Public
Works)
B. An acceptable Final Drainage Narrative stamped and signed by a Professional Engineer registered in
the State of Colorado is required. (Department of Public Works)
C. An acceptable Final Traffic Impact Study stamped and signed by a Profession Engineer registered in
the State of Colorado is required. (Department of Public Works)
D. The plan shall be amended to delineate the following:
1. 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.
(Department of Public Works)
2. County Road 31 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.
(Department of Public Works)
3. Show and label the approved access location, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an access permit in the approved location prior to
construction. (Department of Public Works)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
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. (Department of Public Works)
6. Show and label the drainage flow arrows. (Department of Public Works)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area, a Weld
County grading permit will be required. (Department of Public Works)
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. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
7. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
c u rY 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Michael Hall
From: Lauren Light, Environmental Health Services
Date: October 14, 2021
Re: USR21-0019 David and Kayleen Hunt
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Special Review Permit for Open Mining (soils) and processing of
minerals outside of subdivisions and historic townsites in the A (Agricultural) Zoned
District. (Hunt Farms - WCR 40 Dirt Mine).
As mining is considered a temporary use, portable toilets and bottled water are
acceptable for sanitary uses in accordance with EH policy.
Fuel will not be stored on site and no washing or processing will occur.
Water will be used for dust control. The State has indicated the adjacent wells located
on the feed lot cannot be utilized for dust control.
An Air emission permits (APEN) from the State may be required and will address dust
control for mining operations and haul roads.
Noise is restricted to the level allowed in the industrial zone district. The application
contains a noise report, which concluded: "There will be a 100' buffer in areas adjacent
to residents and towards the property line around the entire Site. The Miner intends to
mine soil approximately two -feet deep which in turn reduces the noise output further.
The Equipment Noise Level Table shows loaders, tractors and bull dozers have very
similar noise outputs. As a result of the equipment being buffered from the surrounding
properties and being further below grade the noise output should be less than or equal
to that of the farm machinery that is currently used onsite. Additional ways to mitigate
noise is to place berms around the active excavation area, keep equipment maintained
and install mufflers. The miner intends to use all of these mitigation methods to help
reduce noise to surrounding property owners."
Health Administration
Public Health &
Environmental Health
Communication,
Emergency Preparedness
Vital Records
Clinical Services
Services
Education & Planning
g Response
Icic: 9/U 304 6410
Ice: 9/0 304 6420
Tele: 970-304-6415
Tele: 970-.304-6470
Tele: 970-304-6470
Fax: 9/U -30T-641'2
Fax: 5l0-304-6416
Fax: 970-304-6411
Fax: 970-304-6452
Fax: 970-304-6462 publicHeadth
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.
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 operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health & Environment, Water Quality Control
Division, as applicable.
7. The operation 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 noise report.
8. The operation shall remove, handle, and stockpile overburden from the facility in a
manner that prevents nuisance conditions.
9. Adequate drinking, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility, at all times. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes.
10.Any On -Site Wastewater Treatment System located on the property must comply
with all provisions of the Weld County Code, pertaining to On -Site Wastewater
Treatment Systems.
11. 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.
12.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
13.The operation shall comply with the Mine Safety and Health Act (MSHA).
14. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
15.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
EMERGENCY MANAGEMENT
Michael Hall
From: David Burns
Sent: Tuesday, October 05, 2021 10:11 AM
To: Michael Hall; Roy Rudisill
Subject: RE: Referral Agency Email
Follow Up Flag: Follow up
Flag Status: Completed
Good Morning —
Upon review of the application for USR21-0019, Weld County OEM will not require an EAP for this project. Based on the
application, there will not be any fuel stored on site, one frontend loader and no stage of martial.
v/r
Dave Burns, CO-CEM, MEP I Sr. EM Coordinator
Office of Emergency Management
1150O R. Greeley, Co
970-400-3993 Office
970-515-2541 Cell
)linty LEPC
I _
'I J'I.71lL iFX" CSs]➢1111itit't'
From: noreply@weldgov.com <noreply@weldgov.com>
Sent: Monday, October 4, 2021 1:31 PM
To: Roy Rudisill <rrudisill@weldgov.com>; David Burns <dburns@weldgov.com>
Subject: Referral Agency Email
The Weld County Planning Department has received a Planning Use By Special Review application, case # USR21-0019, in
which your agency may have an interest. Planning staff requests you review the application materials, and return the
Referral Form to Michael Hall by the date specified on the Referral Form attached in the online permitting center. To
view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/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# USR21-0019, 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: Michael Hall at 970-400-6100
Thank you,
Michael Hall
1555 N 17th Ave
Greeley, CO 80631
970-400-6100
mhall@weldgov.com
Weld County Referral
October 4, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: David and Kayleen Hunt
Please Reply By: November 1, 2021
Case Number: USR21-0019
Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for open mining
(soils) and processing of minerals outside of subdivisions and historic townsites in the A
(Agricultural) Zoned District. (Hunt Farms - WCR 40 Dirt Mine).
Parcel Number: 105733100002-R8971502 Legal: LOT B REC EXEMPT 1AMRECX20-14-0042; PART
N2NE4 SECTION 33, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO
Parcel Number: 105733100049-R6910697 Legal: LOT B AMD REC EXEMPT RE -993; PART S2NE4
SECTION 33, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 105733100001-R8971501 Legal: LOT A REC EXEMPT 1AMRECX20-14-0042; PART
N2NE4 SECTION 33, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Location: South of and adjacent to CR 40, west of and adjacent to CR 31.
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.
0 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.
0 See attached letter.
Signature
Agency Weld County Oil and Gas Energy Department
Date 11/3/2021
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: USR21-0019
Associated Parcel: 105733100002-R8971502
OGED Reviewer: Jennifer Teeters
Review Date: 10/28/2021
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 one two 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
05-123-13001
Kerr McGee Oil & Gas Onshore LP
Sweet Valley Farms-Uprr #41-33
PA
05-123-14804
Kerr McGee Oil & Gas Onshore LP
Sweet Valley Farms-Uprr #31-33 2
PA
3. 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.
COLORADO
dDivision of Water Resources
Department of Natural Resources
October 11, 2021
Michael Hall, Planner
Weld County Department of Planning Services
Transmission via email: mhallc weldgov.com
Re: Hunt Soil Mine, Case No. USR21-0019
Part of the NE'/a of Sec. 33, Twp. 4 N, Rng. 66 W, 6th P.M.
Water Division 1, Water District 2
Dear Michael Hall,
We have received the October 5, 2021 referral concerning Hunt Farms' application for a site specific
development plan and use by special review permit on approximately 149.5 acres in the NE '/a of
Sec. 33, Twp. 4 N, Rng. 66 W, 6th P.M. The application proposes open mining of soils on the property
and reclaimed irrigable cropland.
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.
The mining operation will not involve dewatering activities, aggregate washing, or exposure of
groundwater. From the referral, it appears water may be used for dust control and irrigation. An
estimated 1.8 acre-feet/year of water will be used for dust control.
The proposed water sources for dust control include "wells on the adjacent feed lot", "available
water from Hunt Reservoir #1", and "various augmentation water supplies". While the specific
wells to be used for dust control were not identified, our records show two well permit nos. 66741 -
F and 66742-F (WDIDs 0208222 and 0208223) located on the property to the west in the NW'/a of
Sec. 33, which appears to be the referenced feedlot. These well permits were issued pursuant to
section 37-90-137(2), C.R.S. and the decree granted in Division 1 Water Court case no. 04CW260
and are permitted to withdraw up to 98 acre-feet per year in combination for commercial, livestock
watering, and dust control use. The wells are covered by the 06CW225 Hunt Feedyard augmentation
plan, the 08CW71 PVIC Augmentation Group LLC augmentation plan, and the 03CW99 Well
Augmentation Subdistrict (WAS) of the Central Colorado Water Conservancy District augmentation
plan. The wells must be operated in accordance with their permits and above decrees. The decree
granted in 04CW260 allows the well to be used for "commercial use, livestock watering and dust
control at the Hunt Feedyard" which appears to be the 66.57 -acre property to the west located in
the NW '/a of Sec. 33. Therefore the wells cannot be used for dust control at the mine since the
mine will not be located at the Hunt Feedyard.
Additionally, Hunt Water Reservoir #1 (WDID 0203956) is covered by the augmentation plan granted
in case no. 17CW3215, which states that the industrial use for Hunt Reservoir No. 1 is for "...dust
suppression and sand and gravel mining and processing on the property where Hunt Water Reservoirs
1313 Sherman Street, Room 821, Denver, CO 80203 P303 866 3581 www.colorado.gov/water
Jared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director •
'./arc 4,.
USR21-0019 Hunt Soil Mine Page 2 of 2
October 11, 2021
Nos. 1 and 2 and the Hunt Water Recharge Pond are located...." These reservoirs are not located
on the subject property and therefore water from Hunt Reservoir No. 1 cannot be used to provide
water for dust control on the subject property.
The source of water for irrigation uses was not specified. A review of our records shows well permit
nos. 13859-R and 13860-R (WDIDs 0206052 and 0206053) located on the subject property which are
permitted for irrigation. These wells were decreed in Division 1 Water Court case no. W-3217 and
are included in the Central Colorado Water Conservancy District Ground Water Management
Subdistrict (GMS) Augmentation plan granted in case no. 02CW0335. Use of any wells for irrigation
on the property must be in accordance with applicable statutes, permitted conditions, and
applicable decrees.
According to the submitted drainage narrative, stormwater detention structure(s) may be developed
on the site. The applicant should be aware that unless the structure(s) meet the requirements of a
"storm water detention and infiltration facility" as defined in section 37-92-602(8), C.R.S, the
structure may be subject to administration by this office. The applicant should review DWR's
Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-
Wildland Fire Facilities in Colorado, to ensure that the notification, construction and operation of
the proposed structure(s) meet statutory and administrative requirements. The applicant is
encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal to
meet the notification requirements.
If you or the applicant have any questions, please contact Wenli Dickinson at 303-866-3581 x8206
or Wenli.Dickinson@state.co.us.
Sincerely,
Joanna Williams, P.E.
Water Resources Engineer
Ec: Referral no. 28894
Well permit file nos. 66741-F and 66742-F
Applicant (andy@civilresources.com; david@huntfeedyard.com)
From: Young - CDOT, Allyson <allyson.young@state.co.us>
Sent: Monday, October 25, 2021 10:16 AM
To: Melissa King <mking@weldgov.com>; Timothy Bilobran - CDOT <timothy.bilobran@state.co.us>
Subject: Re: USR21-0019 Hunt Soil Mine Referral
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 Melissa,
After reviewing the TIS for Hunt Soil Mine near Gilcrest (version attached), we have the following comments and
requests for revision for this first round of review.
First and foremost, CDOT does not agree with the conclusion that a CDOT access permit will not be required. An access
permit will likely be required for the CO 85/WCR 42 intersection and perhaps for the CR 33 intersection. Roadway
improvements aside, a new permit would be required to account for the increase of traffic by 20% or greater and the
stated 18.6% (at WCR 42) is very close to this threshold. Are the counts listed in passenger car equivalents?
While WCR 42 is a signalized intersection with an EB right deceleration lane and NB right acceleration lane, CDOT
requests that the following be completed within this traffic study:
1) Full analysis of all existing auxiliary lane storage lengths at the CR 42 intersection; particularly addressing storage
capacity/queue lengths with the number of large trucks/vehicles in excess of 30 feet being added to existing traffic
counts at the intersection. The study mentions that analysis was completed. According to table 6, traffic doesn't stack
into thru lanes-- is this still the case when completed with completed oversize vehicles?
*Has any synchro roadway modeling been completed? Please forward the files to CDOT for review.
2) Does the existing northbound RT acceleration lane length meet Code standards currently?
3) A wheel path analysis of the right northbound turning radius for the gravel mine trucks --will the utilities be
impacted?There is a signal cabinet at this location-- will the cabinet need to be relocated based on this analysis?
It should be noted that CDOT will not accept LOS/Delays as sole justification for negating any and all roadway
improvements. Peak hour counts should be displayed in passenger car equivalents.
The haul route map looks as though the gravel mine will not be accessing CO 85 at all via CR 33 and all traffic will be
accessing via CR 42. However, in the study, all southbound traffic is stated to be accessing the haul route via CR 33 and
northbound is stated to be accessing via CR 42.
1) Will the majority of the trucks be coming from the south or the north on CO 85 to the CR 42 & CR 33 intersections?
Which direction will they be headed when leaving the haul route onto CO 85? Please list the percentage of trips for
each direction to/from the haul route.
2) It's stated that the 20% threshold is not anticipated to be met at the CR 33 intersection. What is the percentage?
3) CR 33 is currently at a skew with CO 85. CDOT requests a wheel path analysis be completed for the right
deceleration lane at CR 33.
Once revised, please send the study/requested material back to Tim and I. Should you have any follow up questions,
please feel free to let us know.
Thank you,
Ally
Thank you,
Allyson Young (Mattson)
Region 4
Assistant Access Manager, Outdoor Advertising Inspector - Traffic
P 970 350 2148 C 970 381 8995
10601 West 10th Street, Greeley, CO 80634
allyson.mattson(c�state.co.us I http://codot.govl I www.cotrip.org
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