HomeMy WebLinkAbout20220519.tiffDEPARTMENT OF PLANNING SERVICES
1555 North 17TH Avenue, Greeley, CO 80631
RECEIVED Telephone: 970.400.3549
Electronic Mail: koale(aweldaov.com
FEB 07 2022
WELD COUNTY
November 11, 2021 COMMISSIONERS
Sent via e-mail: chrisleone(a.i2contractingcom
9cyork(aDi-tconsulting.com
Mr. J.C. York
J & T Consulting Inc.
305 Denver Avenue, Suite D
Fort Lupton, Colorado 80621
Mr. Christopher Leone
J-2 Contracting Company
105 Coronado Court, Unit A-101
Fort Collins, Colorado 80525
Subject: Technical Revision to DPG Pit, DRMS Permit No. M2019-028
Weld County Permit No. USR19-0071
Dear Messrs. York and Leone,
The Department of Planning Services received a verbal request to document the Technical Revision
approved by the State of Colorado Division of Reclamation Mining Safety (DRMS) by letter on
September 30, 2021 and accepted by Weld County in October 2021.
The Weld County land use permit was conditionally approved by the Weld County Board of County
Commissioners on February 26, 2020 for a Site Specific Development Plan and Use by Special
Review USR19-0071, is for open mining (sand, gravel and stone) and processing of minerals,
including recycle operations for concrete and asphalt. Also included is a mine office/scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and
storage, and employee and vendor parking in the A (Agricultural) Zone District on behalf of DPG
Farms, LLC and Calven Goza, property owners. J-2 Contracting Company is listed as the miner.
The Weld County Special Use Permit was perfected with the recording of the USR19-0071 maps,
under reception number 4673650 dated January 20, 2021 associated with the proposed mining
activities, including the reclamation of the property post mining. The reclamation plans approved by
the Division of Reclamation Mining, Safety and accepted by Weld County will result in several water
storage reservoirs onsite and the longer term leases held for hunting by interested parties by the
property owner, DPG Farms, LLC
The Technical Revision reviewed by DRMS does not affect the intent of the permit, open mining and
materials processing, nor does it affect the reclamation of the property post mining with the
development of water storage reservoirs.
Weld County Planning Services finds that the application remains compliant with the permit,
USR19-0071, A Site Specific Development Plan and Use by Special Review USR19-0071, is for
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open mining (sand, gravel and stone) and processing of minerals, including recycle operations for
concrete and asphalt. Also included is a mine office/scale house and scale, a fueling/lubricating
station, portable generators, mobile mining equipment parking and storage, and employee and
vendor parking in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon,
and
Development Standard No. 39
FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified
Development Standard No. 44
The property owner or operator shall be responsible for complying with the Open -Mining Standards
of Chapter 23, Division 4 of the Weld County Code.
and Development Standard No. 46
The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services
Please contact the office if you would like to discuss.
Sincerely,
Kim Ogle
Principal Planner
Department of Planning Services
Enclosures
File: USR19-0071
DNR
September 30, 2021
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
Chris M. Leone
J-2 Contracting Company
105 Coronado Ct Unit A-101
Fort Collins, CO 80525
Re: DPG Pit, Permit No. M-2019-028, Technical Revision Approval, Revision No. TR-01
Mr. Leone:
On September 30, 2021 the Division of Reclamation, Mining and Safety (Division/DRMS) approved the Technical Revision
application submitted to the Division on April 28, 2021, addressing the following:
Revised Mining Plan, Reclamation Plan and Bond Calculation
The terms of the Technical Revision No. 1 approved by the Division are hereby incorporated into Permit No. M-2019-028.
All other conditions and requirements of Permit No. M-2019-028 remain in full force and effect.
If the revised liability amount exceeds the performance bond currently held (see below), please submit additional bond.
The revision will not be final until the bond is approved by the Division.
Bond Held:
$984,566.00
Prior Liability:
$984,566.00
Change in Liability:
$0.00
Revised Liability:
$984,566.00
If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124.
Sincerel
Peter S. Hays
Environmental Protection Specialist
Ec: Jared Ebert; Division of Reclamation, Mining & Safety
J.C. York; J&T Consulting, Inc.
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov
Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
COLORADO
. Division of Reclamation,
Mining and Safety
Department of Natural Resources
September 17, 2021
J.C. York, P.E.
J&T Consulting, Inc.
305 Denver Avenue, Suite D
Fort Lupton, CO 80621
Re: J-2 Contracting Co.; DPG Pit; File No. M-2019-028; Technical Revision No. 1 (TR-01);
Decision Date Extension Request Approval
Mr. York,
The Division of Reclamation, Mining and Safety (Division/DRMS) received and approved the
request for a 15 -day extension to the decision date to allow the Division to complete the review
of technical revision no. 1 (TR-01).
The new decision date is October 5, 2021.
If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext.
8124.
Sincerely,
Peter S. Hays
Environmental Protection Specialist
Ec: Jared Ebert; Division of Reclamation, Mining & Safety
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1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 httos://drms.colorado.gov + *
Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director*876 x
COLORADO
CS� �/ I Division of Reclamation,
® Mining and Safety
Department of Natural Resources
September 1, 2021
J.C. York, P.E.
J&T Consulting, Inc.
305 Denver Avenue, Suite D
Fort Lupton, CO 80621
Re: J-2 Contracting Co.; DPG Pit; File No. M-2019-028;
Technical Revision No. 1 (TR-01); Second Adequacy Review
Mr. York,
The Division of Reclamation, Mining and Safety (Division/DRMS) reviewed the contents of the
adequacy response received on August 27, 2021 for technical revision no. 1 (TR-01) for the DPG
Pit and submits the following comments. The Division is required to make an approval or denial
decision no later than September 20, 2021 therefore; a response to the following adequacy
review concerns should be submitted to the Division as soon as possible.
1. The Operator's response is adequate.
2. The Operator stated in response to the item, the maps have been updated so the acreages
match. Please update the revised Mining Plan acreages in Exhibit D and Exhibit E —
Reclamation — Approximate Time Table.
3. The Operator's response is adequate.
4. The Operator's response is adequate.
5. The Operator's response is adequate.
6. The Operator's response is adequate.
7. The Operator's response is adequate.
8. The Operator stated in response to the item, the existing financial warranty ($984,566.00)
covers the Phase 1 mining and disturbed areas by more than what is calculated in the
attached Exhibit L — Reclamation Costs ($588,469.00 for the revised Phase 1). Please state if
the Operator intends to submit an associated surety reduction with the technical revision.
o
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://drms.colorado.gov *t^
Jared S. Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
DPG Pit TR-01 Second Adequacy
Page 2 of 3
September 1, 2021
9. The Operator's response is adequate.
10. The Operator's response is adequate.
11. The Galloway & Company, Inc. response memorandum titled "Response to Technical
Revision No. 1 (TR-01); Hydraulic Analysis Report Review Memo Dated July 19, 2021 by
Division of Reclamation, Mining and Safety" is under review by the Division. An additional
adequacy letter for the report will be issued by the Division under separate cover, if
required.
12. The Division reviewed and accepts the revised Case 3 and Case 4 geotechnical stability
analysis.
13. The Operator's response is adequate.
14. The Operator's response is adequate.
15. The Operator's response is adequate and the permit commitment is considered resolved by
the Division.
16. The Operator stated in response to the item, the approved (SWMP) permit from CDPHE is
included in the attachments. The Division did not receive a copy of the approved permit in
the adequacy response submittal. Please provide a copy of the approved SWMP from
CDPHE for the Division's file.
17. The Operator's response is adequate and the permit commitment is considered resolved by
the Division.
18. The Operator's response is adequate and the permit commitment is considered resolved by
the Division.
19. No response was required from the Operator.
20. The Operator's response is adequate and the permit commitment is considered resolved by
the Division.
21. The Operator's response is adequate and the permit commitment is considered resolved by
the Division.
22. The Operator's response is adequate and the permit commitment is considered resolved by
the Division.
DPG Pit TR-01 Second Adequacy
Page 3 of 3
September 1, 2021
Please be advised the technical revision for the DPG Pit may be deemed inadequate and the
revision may be denied on September 20, 2021, unless the above mentioned adequacy review
item is addressed to the satisfaction of the Division.
If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext.
8124.
Sincerely
Peter S. Hays
Environmental Protection Specialist
Ec: Jared Ebert; Division of Reclamation, Mining & Safety
Chris Leone; J-2 Contracting Co.
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