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Home My WebLink About20220129.tiffDiana Aungst From: Melissa King Sent: Wednesday, December 1, 2021 10:36 AM To: Diana Aungst Subject: RE: 1 MJUSR21-20-0025 revision to PC draft resolution Diana There will be not need to include C0A I.A. found on Page 3 of the proposed PC resolution. It can be deleted because it has been addressed, per Ms. Jazmyn Trujillo -Martinez. Thanks Melissa The original COA 1.A. stated: A. Review and revise, as needed, the existing Road Maintenance Agreement. Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1555 North 17`h Avenue Greeley, CO 80631 (970) 400-3762 t j r LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES From: Diana Aungst <daungst@weldgov.com> Sent: Tuesday, November 30, 2021 3:43 PM To: Melissa King <mking@weldgov.com> Subject: 1MJUSR21-20-0025 revision Melissa: Could you send me the request in an email to delete COA # 1.A. so I can add it to the file. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(d) weldgov. corn www. weldgov. corn 1 MEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa J King, PE, Development Review Engineer DATE: September 24, 2021 SUBJECT: 1 MJUSR21-20-0025 Konig — North Star Mine This proposal has been reviewed for the Weld County Department of Public Works concerns. 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 Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR20-0025 for Open Mining (sand, gravel and stone) and processing of minerals outside of subdivisions and historic townsites in the A (Agricultural) Zone District This project is north of and adjacent to CR 138 and is west of CR 71. Parcel number 004322300009, 004322400010. Access is from CR 71 via a noncounty-maintained road on CR 138 ROW. ACCESS Weld County Public Works has reviewed the application materials related to access. The site has an existing permitted access point onto CR 71 at the intersection with CR 138 unmaintained right-of-way. No additional access point is 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 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 71 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 138 is a section line road. Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. 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 the physical roadway(s) may not be centered in the 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/pu blicworks/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 The most recent annual daily traffic (2015) for this portion of CR 71 is 258 vehicles per day with 49% trucks. The 85th percentile speed is 54 mph. The traffic information submitted with the application materials indicates that there will be no change in traffic volume or haul route. No additional traffic information is needed. ROAD MAINTENANCE AGREEMENT Public Works is requesting that the existing Road Maintenance Agreement (20210735) be reviewed and revised as needed. 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 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 required. 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. Review and revise, as needed, the existing Road Maintenance Agreement. (Department of Public Works) B. If applicable, the applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) C. The plan shall be amended to delineate the following: 1. County Road 71 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 138 Section Line is shown to have unmaintained section line and petition right-of- way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of- way on the site plan. Show and label the section line Right -of -Way as "CR 138 Section Line Right - Of -Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 3. Show and label the approved access locations, approved access width and the appropriate turning radii on the site plan. (Department of Public Works) 4. Show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. (Department of Public Works) 5. Show and label the drainage flow arrows. (Department of Public Works) 6. 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: 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 Road Maintenance Agreement. (Department of Public Works) 6. The Road Maintenance 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: Diana Aungst From: Lauren Light, Environmental Health Services Date: October 4, 2021 Re: 1 MJUSR21-20-0025 Joel & Marcy Konig, c/o Superior Oilfield Services Co., LTD Environmental Health Services has reviewed this proposal for a Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR20-0025 for Open Mining (sand, gravel, and stone) and processing of minerals outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This amendment will add 12.2 acres to the mining site. As mining is considered a temporary use, portable toilets and bottled water are acceptable for sanitary uses in accordance with EH policy. Portable toilets are required to be screened from public view. Noise is restricted to the level allowed in the industrial zone district. The application contains a noise report completed by Alles Taylor and Duke, LLC. The report states that the closest occupied structures are a mile to the south and more then 7,000 feet to the east and will not be impacted. Noise levels are measured 25 feet from the property line. There is fuel storage which consists of a 2,000 -gallon fuel tank. The tank is subject to the regulations of the State and must have secondary containment. There will be routine maintenance of equipment. All waste must be contained and disposed of appropriately. No washing of vehicles or equipment will occur on site. Air emission permitting through the State is required and the existing APEN must be current. Water for dust control purposes will be obtained from an industrial well leased by the operator approximately 2 miles north in Wyoming per the previous application 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 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. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. 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. 9. 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. 10. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado Department of Public Health & Environment, Water Quality Control Division. 11 .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. 12.The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 13.The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 14.The operation shall comply with the Mine Safety and Health Act (MSHA). 15. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 16.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Division of Water Resources COLORADO Department of Natural Resources October 8, 2021 Diana Aungst Weld County Planning Department Transmission via email: dawn st®weldgov.com Re: North Star Pit Case Number 1MJUSR21-2O-OO25 SW'/a Section 22, Twp. 12N, Rng. 63W, 6th P.M. Water Division 1, Water District 1 Dear Ms. Aungst: We have reviewed the above referenced application for a Major Amendment to a Site Specific Development Plan and Use by Special Review permit (U5R20-0025) for open mining and processing of minerals. 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. The comments will not address the ability of the water supply plan to satisfy any County regulations or requirements. The North Star Pit is a surface mining operation located approximately 6 miles west of Hereford, Colorado. The primary commodities mined at the site are sand and gravel. The applicant has requested an amendment to add 12.2 acres to be mined to the currently permitted 27.16 acres. The new total acreage in the permit area will be 39.36 acres. The deposits to be mined are found at a depth of approximately 5 to 15 feet below ground surface. Groundwater is not anticipated to be encountered during mining. The site is anticipated to have 2 to 10 employees on site, depending on hauling activity and production levels. Bottled drinking water will be provided for employees and visitors, and portable toilets will be located on site. A water truck will be used at the site if needed for dust control on roadways or during processing. According to documents previously filed with the Division of Reclamation, Mining and Safety, this water will be obtained from an industrial well leased by the operator located approximately 2 miles north in Wyoming. Estimated water requirements for dust control were given as 6,000 gallons per day. Temporary berms will be used to keep stormwater onsite. All stormwater flows will be contained in the gravel pit. All stormwater runoff intercepted by this operation must infiltrate into the ground or be released to the stream system within 72 hours; otherwise the operator will need to obtain a substitute water supply plan approved by this office or a plan for augmentation decreed by the water court to make replacements for evaporation. . M:i '}i .:'I :" (..) •} .t...(: ..r.7 1_.:.:.r: t..rt,lr:. ?I I;.Irla....:{.I:Ir1:l]r::l::' Ia:ri C.. ii. I:1::'.•rttl:Ii, [I:: 4. North Star Pit October 8, 2021 Case No. 1MJUSR21-2O-OO25 Page 2 of 2 Should you or the applicant have any questions regarding this matter, please contact me at this office. Sincerely, Sarah Brucker, P.E. Water Resources Engineer Cc: Superior Oilfield Services Co. (jmcfarland3l@gmail.com) Referral file no. 27315 Hello