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Home My WebLink About20220398.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, Development Review Engineer DATE: November 29, 2021 SUBJECT: 1 MUSR21-76-298 North Weld Gravel Pit The 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 Del ►14ii I&I:IL►il_%I[a]►11116Zq_rI[.1 Project description: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR-298, for open mining (sand, gravel and stone) and processing of minerals, importation of aggregate from off site, mine office with scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, and employee and vendor parking, outside of subdivisions and historic townsites, in the A (Agricultural) Zone District This project is south of and adjacent to CR 96, north of and adjacent to CR 94, and is west of and adjacent to CR 39. Parcel numbers: 055107000018, 055107000019 Access for this proposal is from CR 39 (AP21-00477 Commercial). ACCESS Development Review has reviewed the application materials related to access. The site has two permitted existing access points: AP21-00036 (Agricultural) onto CR 37 and AP21-00477 (Commercial) onto CR 39. No other access points have been requested. The applicant is proposing that the proposed activities only access onto CR 39 at AP21-00477 (Commercial). 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 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 37 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. North of CR 94, County Road 39 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. South of CR 94, County Road 39 is a paved 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 90 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 94 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 96 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. The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85 between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance with the requirements. More information about this study can be accessed at: https://www.weldgov.com/Government/Departments/Public-Works/Transportation-Planning/Regional- Transportatlon-Planning . 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. RIGHT-OF-WAY USE This project appears to use Weld County Right -of -Way associated with county roads along the proposed haul routes and access onto CR 37 . 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 The application identifies one haul route: CR 39 to CR 90 to Highway 85 (100% of the traffic). Haul Route Specifics: County Road Date of County ADT 85th Percentile Speed (MPH) Percent Trucks (%) CR 39 2020 595 57 46 (North of CR 92) CR 39 2020 704 61 37 (South of CR 92) CR 90 2020 1,340 66 50 East of CR 37 CR 90 2020 1,082 66 43 (East of CR 35) CR 90 2019 1,181 61 37 (East of CR 33) The traffic information submitted with the Application (Item 8.d.) materials indicates that there will be 20 round trips per day of passenger vehicles and 150 round trips per day of material trucks (i.e. trucks mostly weighing 80,000-85,000 pounds but may include trucks weighing 90,000 to 110,000 pounds). An acceptable final Traffic Impact Study (TIS), per Chapter 8 of Appendix 8.Q. of Section 8 of the Weld County Code shall be submitted. In addition to the information required per Code, the TIS shall address: Haul Route: • The need to pave CR 39 from CR 94 to just north of the access point (AP21-00477); • The need for auxiliary lanes at the intersection of CR 39 and CR 90; • The adequacy of the existing bridge over Spring Creek just east of Hwy 85; • The adequacy of the existing turn lanes at the intersection of CR 90 and Hwy 85; • A signal warrant analysis for a traffic signal at the intersection of CR 90 and Hwy 85*; and, • The stacking of trucks at the intersection of CR 90 and Hwy 85 such that the railroad crossing is not blocked. *The US 85 PEL includes a recommendation for a traffic signal at the intersection of CR 90 and Hwy 85. Additionally, the final TIS shall adequately address comments and concerns of COOT. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads. trackina control devices can be double cattle auards with 100 ft. of asphalt or 300 ft of asphalt. For access to aravel roads. trackina control devices must be either double cattle auards 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. Access tracking control on CR 39 (AP21-00477) will be dependent upon what road surface is required. See the underlined language above. 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 off -site improvements. This may include but may not be limited to: • Paving CR 39 north of CR 94 to just north of the site access (AP21-00477); • Providing signage to prevent stopping on the railroad tracks just east of Hwy 85; • Auxiliary lanes along the haul route (e.g. CR39 at CR 90); and, • Improvements to the intersection of CR 90 and Hwy 85. This may include the installation of a traffic signal. 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 routes, 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 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 preliminary 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. The applicant shall submit a final drainage narrative the justifies the drainage exception request. This justification shall include topographical information and maps to prove stormwater drainage during the mining of the site. 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 Development Review for more information. CONDITIONS OF APPROVAL A. An acceptable final Traffic Impact Study, stamped and signed by a Professional Engineer licensed to practice in the State of Colorado, shall be submitted. (Development Review) B. An Improvements and Road Maintenance Agreement With Up -Front Improvements 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. A Final Drainage Narrative requesting and justifying detention exception number 6 of Section 8-11-40.1 of the Weld County Code. (Department of Public Works) D. The plan shall be amended to delineate the following: 1. County Road 37 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) 2. County Road 39 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. County Road 94 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) 4. County Road 96 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) 5. Show and label the permitted access locations onto CR 37 and onto CR 39, approved access width, and the appropriate turning radii on the site plan. Include the type of access, as well (e.g. Commercial). (Development Review) 6. Show and label the approved tracking control on the site plan. (Development Review) 7. 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) 8. Show and label the drainage flow arrows. (Development Review) 9. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) Prior to Construction: A. The approved tracking control shall be constructed prior to on -site construction. (Development Review) B. 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. 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) 5. The Property Owner shall comply with all requirements provided in the executed Improvements/Road Maintenance Agreement. (Development Review) 6. The Improvements/Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) MEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, Development Review Engineer DATE: September 30, 2021 SUBJECT: 1 MUSR21-76-298 North Weld Gravel Pit The proposal was reviewed with regard to 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 rr7 ►14ii I&I:IL►il_%I[a]►11116Z47_r1[.1 Project description: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR-298, for open mining (sand, gravel and stone) and processing of minerals, importation of aggregate from off site, mine office with scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, and employee and vendor parking, outside of subdivisions and historic townsites, in the A (Agricultural) Zone District This project is south of and adjacent to CR 96, north of and adjacent to CR 94, and is west of and adjacent to CR 39. Parcel numbers: 055107000018, 055107000019 Access is from CR 37 (AP21-00036 Agricultural) and CR 39 (AP21-00477 Commercial) ACCESS Weld County Public Works has reviewed the application materials related to access. The site has two permitted existing access points: AP21-00036 (Agricultural) onto CR 37 and AP21-00477 (Commercial) onto CR 39. No other access points have been requested. All access permits must be of the type that meets the activity and land use. This may require obtaining new access permits. 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 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 37 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. North of CR 94, County Road 39 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. South of CR 94, County Road 39 is a paved 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 90 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 94 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 96 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. The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85 between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance with the requirements. More information about this study can be accessed at: https://www.weldgov.com/Government/Departments/Public-Works/Transportation-Planning/Regional- Transportatlon-Planning . 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. RIGHT-OF-WAY USE This project appears to use Weld County Right -of -Way associated with county roads along the proposed haul routes and access onto CR 37 . 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 The application identifies two haul routes: CR 37 to CR 94 to Highway 85 (the primary route — 90% of the traffic) and CR 39 to CR 90 to Highway 85 (the secondary route — 10% of the traffic). Haul Route Specifics: County Road Date of County ADT 85th Percentile Speed (MPH) Percent Trucks (%) CR 37 2015 14 35 36 CR 94 2021 70 45 46 West of CR 35 CR 94 2021 246 41 29 East of Hw 85 CR 39 2020 595 57 46 (North of CR 92) CR 39 2020 704 61 37 (South of CR 92) CR 90 2020 1,340 66 50 East of CR 37 CR 90 2020 1,082 66 43 East of CR 35 CR 90 2019 1,181 61 37 (East of CR 33) The traffic information submitted with the Application (Item 8.d.) materials indicates that there will be 20 round trips per day of passenger vehicles and 150 round trips per day of material trucks (i.e. trucks mostly weighing 80,000-85,000 pounds but may include trucks weighing 90,000 to 110,000 pounds). An acceptable Traffic Impact Study (TIS), per Chapter 8 of Appendix 8.Q. of Section 8 of the Weld County Code shall be submitted. In addition to the information required per Code, the TIS shall address: Secondary Route: • The existing "dog leg" intersection of CR 37 and CR 94 and the realignment to create a "Ti' intersection at this crossroads; • The stacking of trucks at the intersection of CR 94 and Hwy 85 such that the railroad crossing is not blocked; • The need for auxiliary lanes at the intersection of CR 94 and Hwy 85; and, • The condition of CR 94 and any warranted upgrades (e.g. widening, drainage) to accommodate the proposed truck traffic. Primary Route: • The need to pave CR 39 from CR 94 to just north of the access point (AP21-00477); • The need for auxiliary lanes at the intersection of CR 39 and CR 90; • The adequacy of the existing bridge over Spring Creek just east of Hwy 85; • The adequacy of the existing turn lanes at the intersection of CR 90 and Hwy 85; • A signal warrant analysis for a traffic signal at the intersection of CR 90 and Hwy 85*; and, • The stacking of trucks at the intersection of CR 94 and Hwy 85 such that the railroad crossing is not blocked. *The US 85 PEL includes a recommendation for a traffic signal at the intersection of CR 90 and Hwy 85 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. Access tracking control on CR 37 (AP21-00036) and on CR 39 (AP21-00477) will be dependent upon what road surface is required. See the underlined language above. 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. This may include but may not be limited to: • Paving CR 39 north of CR 94 to just north of the site access (AP21-00477); • Realigning the intersection of CR 37 at CR 94; • Providing signage to prevent stopping on the railroad tracks just east of Hwy 85; • Auxiliary lanes along both haul routes; and, • A traffic signal at the intersection of CR 90 and Hwy 85. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/Govern ment/Departments/Plan ning-and-Zoning/Development-Review. It will detail the approved haul routes, 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 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 preliminary 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. The applicant shall submit a final drainage narrative the justifies the drainage exception request. This justification shall include topographical information and maps to prove stormwater drainage during the mining of the site. 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 Development Review for more information. CONDITIONS OF APPROVAL A. An acceptable Traffic Impact Study, stamped and signed by a Professional Engineer licensed to practice in the State of Colorado, shall be submitted. (Department of Public Works) B. An Improvements and Road Maintenance Agreement With Up -Front Improvements 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. (Department of Public Works) C. A Final Drainage Narrative requesting and justifying detention exception number 6 of Section 8-11-40.1 of the Weld County Code. (Department of Public Works) D. The plan shall be amended to delineate the following: 1. County Road 37 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 39 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. County Road 94 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) 4. County Road 96 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) 5. Show and label the permitted access locations onto CR 37 and onto CR 39, approved access width, and the appropriate turning radii on the site plan. Include the type of access, as well (e.g. Commercial). (Department of Public Works) 6. Show and label the approved tracking control on the site plan. (Department of Public Works) 7. 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) 8. Show and label the drainage flow arrows. (Department of Public Works) 9. 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 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, 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/Road Maintenance Agreement. (Department of Public Works) 6. The Improvements/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. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (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: Kim Ogle From: Lauren Light, Environmental Health Services Date: September 23, 2021 Re: IMJUSR21-76-298 North Weld Gravel, RLLP Environmental Health Services has reviewed this proposal for a Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR-298, for open mining (sand, gravel and stone) to add processing of minerals, importation of aggregate from off site, mine office with scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, and employee and vendor parking, outside of subdivisions and historic townsites, in the A (Agricultural) Zone District. As mining is considered a temporary use, portable toilets and bottled water are acceptable for sanitary uses in accordance with EH policy. Trash will be collected in a dumpster and disposed of weekly by a disposal company. Used oils and fluids will be removed from the site and transported to a recycling facility. A waste handling plan was submitted and adherence to the plan is required. There will be a fuel tank with secondary containment. Water will be applied to the haul roads and processing equipment. Water for dust control will be obtained through a temporary Substitute water Supply Plan. A dust abatement plan was submitted and adherence to that plan is required. An Air emission permits (APEN) from the State is required and will address dust control for mining operations, haul roads, and processing equipment. Noise is restricted to the level allowed in the industrial zone district. The application contains a noise modeling report, conducted by Behrens and Associates, Inc. Two scenarios were addressed in the noise study. The modeling results for Scenario 1 indicate that the predicted noise levels of the proposed excavation and processing operations will reach up to 67 dBA along the southern property line without any mitigation. The modeling results for Scenario 2 show that the predicted noise levels of 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 the proposed excavation and processing operations will reach up to 66 dBA along the eastern property line without any mitigation. Each scenario adheres to the industrial noise level. The facility shall operate in accordance with the accepted noise modeling report. 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, and the accepted waste handling plan. 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 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, 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, as necessary. 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 System Systems. 10. 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. 11 .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. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado Department of Public Health & Environment, Water Quality Control Division. 13.The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 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 operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 16.The operation shall comply with the Mine Safety and Health Act (MSHA). 17.The facility shall notify Weld County of any revocation and/or suspension of any State issued permit. 18.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. MARGARET A. (Meg) BROWN DANIEL K. BROWN BRENT A. BARTLETT LISA A. LARSEN SARA J.L. IRBY TODD W. ROGERS WHITNEY PHILLIPS Weld County Planning Department Attn: Kim Ogle, Planner 155 N. 17`x' Avenue Greeley, CO 80631 WARD H. FISCHER (1929-1996) WILLIAM R. FISCHER (1956-2019) WILLIAM H. BROWN (Of Counsel) WILLIAM C. GUNN (Of Counsel) DONALD E. FRICK (Of Counsel) October 6, 2021 SENT VIA EMAIL AND REGULAR MAIL RE: Pierce Lateral Ditch Company's Comments related to Case No. 1MJUSR21-76- 298, regarding a major amendment to the Site Specific Development Plan and USR-298 by C&H Aggregate, LLC for expansion of open mining operations in Section 7, Township 8 North, Range 65 West of the 6th P.M. in Weld County, Colorado for North Weld Gravel Pit. Dear Mr. Ogle: Please be advised that Fischer, Brown, Bartlett, Larsen & Irby, P.C., represents the Pierce Lateral Ditch Company (the "Company"). This letter is being provided in response to C&H Aggregate, LLC's (the "Applicant") application to amend to its site specific development plan and USR-298 filed under Case No. 1MJUSR21-76-298 ("Application"). Applicant seeks to expand the North Weld Gravel Pit operations from 80 acres to a total of 522 acres within Section 7, Township 8 North, Range 65 West of the 6th P.M. in Weld County, Colorado (the "Property). The Company owns and operates the Pierce Lateral Ditch (the "Ditch"), which is located on land adjacent to the Property along the southeast boundary of the proposed expanded open mining site. Because Applicant's expansion of its mining operations has the potential of impacting the Company's maintenance and access to the Ditch, and the historical drainage flow and quality of water flowing from the Property, the Company provides the following comments. A. Maintenance and Use of Ditch and Ditch Easement The Company has a valid and existing right-of-way and easement for the Ditch and sufficient lands on each side of the Ditch to allow the Company to fully enjoy and utilize the easement and right of way for access, maintenance, repair and replacement of the Ditch and its other facilities and appurtenances (the "Ditch Easement"). Under Colorado law, the Company has the right to reasonably maintain the Ditch, Ditch Easement and its related appurtenances. Such maintenance includes having sufficient space on each side of the Ditch to be able to access the Ditch, use heavy equipment for Ditch repairs and to remove obstructions from the Ditch, and to meet other maintenance obligations, including burning the Ditch in the spring prior to the start of the irrigation season. All of this historical maintenance of the Ditch and the land needed to perform such maintenance is imperative for the Company's use, operation and maintenance of the Ditch and Ditch Easement. In response to these concerns, Applicant indicates the following in Item 11 of the Application: There are no ditches or irrigation on the property itself. However, the Pierce Lateral runs along the southeast border of the mine. C&H Aggregate received approval from the Pierce Lateral Ditch Company to bring the edge of the mined land within 50 feet of the ditch bank." The Company has no recollection of approving a setback of 50 -feet from the ditch bank. Rather, the County's approval of the Application shall be conditioned upon the edge of the mined land being no less than eighty (80) feet from the centerline of the Ditch. Further, the County shall condition its approval of the Application upon the Applicant including a notation on the final platlamended site specific development plan recognizing that eighty (80) foot setback from the centerline of the Pierce Lateral Ditch. B. Drainage Report and Water Quality In addition to preserving the Company's right to maintain and access the Ditch, the Applicant's Drainage Report provided as Item 16 in the Application does not provide sufficient information and engineering related to whether the expanded mining site will result in any significant change in the quality of water running off the Property. Given that the site will be used for sand and gravel operations, which will involve processing of minerals, fueling for equipment, and other possible hazardous substances, Applicant should ensure that there will be no contamination of the water flowing or seeping into the Ditch or Lone Tree Creek from the Property. Under Colorado law, a property owner cannot unilaterally alter historical drainage patterns and drainage structures on the property without permission from structure owners, including ditch companies, and down -gradient landowners. Specifically, "natural drainage conditions can be altered by an upper [landowner] provided the water is not sent down in a manner or quantity to do more harm than formerly." Hankins v. Borland, 431 P.2d 1007 (Colo. 1967)(Emphasis added); see also Docheff v. Broomfield, 623 P.2d 69,71(Colo. 1980) (finding discharge of water that results in harm to lower landowner is a continuing trespass). Further, pursuant to Weld County's drainage law, "use of irrigation ditches for collection and transport of either initial or major storm runoff should be prohibited unless specifically provided in the Weld County master plans or approved by Weld County and the ditch owner." The Company is under no duty to begin accepting storm water and runoff from the expanded mining site, which, undoubtedly, will be of a quality that could compromise the shareholders' water. The Pierce Lateral is obligated to protect the Ditch, its shareholders, and the public from any harm or injury resulting from use of the Ditch. Before the County approves the Application, Applicant needs to ensure that the quality of water, including storm water and runoff, draining from the Property or seeping from the unlined gravel pits into the groundwater meets or exceeds any current water quality standard, regulation or criteria, including but not limited to the United States Environmental Protection Agency, the United States Corps of Engineers, and the Colorado Department of Public Health, Water Quality Control Commission, or its Division. Additionally, the drainage water that makes its way to the Ditch through surface water or groundwater shall at all times comply with the most stringent of the following: (1) any and all water quality standards and criteria for that segment of the South Platte River or tributaries thereto, including Lone Tree Creek, to which the Ditch discharges; (2) any and all water quality standards and criteria for that stretch of the river or tributaries thereto from which the Ditch receives its water; or (3) any and all water quality standards or criteria imposed upon the Ditch itself by any governmental authority, either now or in the future. The Company cannot fully comment on Applicant's proposal and request any conditions of approval to address this concern until Applicant provides additional information and engineering analysis setting forth how water quality will be managed and how contamination from Applicant's mining operations will be mitigated so that any water flowing off of the Property or seeping from the unlined gravel pits will be of the same or better quality that currently exists. Seepage from Ditch Applicant notes in Item 1 of the Application that the gravel pits will be unlined because "C&H Aggregates does not anticipate mining into the groundwater table." Applicant has not provided information on how Applicant will address any seepage that accrues in the unlined pits from the Ditch, which is also unlined. In no event shall the Company be required to mitigate any water from the Ditch accruing in the pits. As a condition of approval, Applicant shall be required to work with the Company to enter into a written agreement or such other instrument to address these concerns and management of the same, which shall include the Company being released from any liability or responsibility resulting from such circumstances or the Company's historical operations and delivery of water. Conclusion For the aforementioned reasons, the Company reserves the right to make additional comments as this project moves forward and following review of the final plat/site plan noting the eighty (80) foot setback from the centerline of the Ditch. The Company may also make additional comments after reviewing any additional engineering related to the storm flows from the Property, including water quality management, and following further discussions between the Applicant and Company to address the concerns related to any water from the Ditch accruing in the pits. The Company also requests that it is put on notice and receives copies of such documentation to ensure that the Ditch is protected. Thank you. Should you have any questions or concerns, please do not hesitate to contact me. SincerIy, Sara J.L. Irby cc: Board of Directors of Pierce Lateral Ditch Company From: Derek Daniels <derek@chexcavation.com> Sent: Wednesday, October 6, 2021 7:14 AM To: Kim Ogle <kogle@weldgov.com>; Jared Dains <jareddains@applegategroup.com> Subject: RE: 8F94219C-E230-42D2-882C-1E082B649DDE-48542-IF (002).pdf 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 morning Kim, Please see comments below: Also, if you need me to respond to the Town of Pierce I can do so. Derek Daniels General Manager C&H Excavation, LLC dba: C&H Solutions, LLC Office: 97O-834-2247 Mobile: 97O-5go-1688 Fax: 97O -834-22O9 4x SOLUTIONS From: Kim Ogle <kogle@weldgov.com> Sent: Wednesday, October 6, 2021 5:57 AM To: Jared Dains<jareddains(c7applegategroup.com> Cc: Derek Daniels <derek@chexcavation.com> Subject: Town of Pierce October 4, 2021 inquiry Good morning The Town of Pierce has some clarifying questions. My understanding, and please correct me if I am mistaken is: Ninety (90) percent of the truck traffic heads south out of the pit onto County Road 39 heading south to the intersection of CR 39 and CR 90 At CR 90 traffic turns west to the intersection of Hwy 85 then turns south onto Hwy 85. At no juncture will traffic cross Hwy 85 on County Road 90 except in the case of local delivery 100% of the traffic will head south out of the pit onto 39. At CR 90 the majority of ourtrucks will then head west to the intersection of Hwy 85 then turn south onto Hwy 85. We will not cross Hwy 85 on 90 except in the case of local deliveries. If roads have been annexed by the Town, then any agreement on haul routes and possible weight restrictions on structures will be between the Town and pit operator This is correct The use of exhaust brakes on trucks entering Town will be per local ordinance, unless this is a policy of the pit operator This is correct Weld County continues to wait for comment from CDOT and the UPRR Ok thank you Thanks for any additional comments Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. chexcavation EXCAUn— ON Ault, CO Date: 10-4-21 Re: Case Number 1MJUSR21-76-298 Subject: Response to Mr. Rick Crom, Town of Pierce Planning Commission This letter is in response to the questions sent September 29, 2021. Dear Mr. Crom, Please see answers to your questions below: Question 1: The time period for which the Use by Special Review Permit would be issued Answerl: The USR application was submitted to Weld County. County hearing dates are TBD. Question 2: Routes to be utilized by semi-trucks/trailers, loaded and unloaded Answer 2: A Traffic Impact Study is attached to USR Case # 1MJUSR21-76-298 and is currently under review. Question 3: Number of trips per day for semi-trucks/trailers passing through the town. Answer 3: A Traffic Impact Study is attached to USR Case # 1MJUSR21-76-298 and is currently under review. Question 4: How non -potable water diverted from the Lone Tree Creek would be reclaimed/returned to the Lone Tree Creek drainage. Answer 4: Future use of Lone Tree Creek will be in accordance with the North Weld Gravel Pit Substitute Water Supply Plan (WDID 0102959, Plan ID 2931) Best, Derek Daniels, General Manager, C&H Excavation Derek Daniels Date 10/4/21 C&H Excavation PO BOX 211 Phone: 19101834-2241 Fax:19101034-2209 TIME RECEIVED REMOTE CSID DURATION PAGES STATUS October 4, 2021 at 4:14:14 PM MDT 97D8342755 51 1 Received 10/04/2021 MON 1609 FAX 9708342755 Town of Pierce 001/001 Pierce Town Hall 144 Main Street Pierce, CO 80650 970-834-2851 October 4, 2021 YY1U LUUIRy rrtlrllllllIJr.IUd 11111/111 1555 N. 17th Ave. Greeley, CO 80631 Re: Case Number 1MJLISR21.76.292 Ms. Ogle: tit rrrnr Qru1 tip it I Ii IF in liiirn 1lirin After reviewing Weld County Referral Case Number 1.MJUSR21-76-298, the Town of Pierce Planning Commission members are requesting additional information from the Weld County Planning Department prior to the County approving this request. The requested information is as following: 1. Number of trucks on Rowe Ave. CR90 from Hwy 85 to CR 27. (The Town of Pierce Annexed CR90 so the Road and Bridges are in the Town of Pierce) 2. Trucks passing by the School Rowe Ave. (CR90) 3. The use of exhaust brakes coming into Town. Respectfully, Heather Rospierski Deputy Clerk II Town of Pierce 09/30/2021 THU 1228 FAX 9708342755 Town of Pierce 2004/004 b R Weld County Referral September 8, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant North Weld Gravel, RLLP Case Number. 1 MJUSR21-76-298 c/o C&H Aggregates Please Reply By: October 6, 2021 Planner: Kim Ogle Project: A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR-298, for open mining (sand, gravel and stone) to add processing of minerals, importation of aggregate from off site, mine office with scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage, and employee and vendor parking, outside of subdivisions and historic townsites, in the A (Agricultural) Zone District. Parcel Number: 055107000018-R0061195 legal: E2NE4 SECTION 7, TBN, R65W of the 6th P.M., Weld County, Colorado. Parcel Number 055107000019-R0061395 Legal: THAT PART SE4 SECTION 7, TSN, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 94; east of and adjacent to CR 37, south of and adjacent to CR 96; west o₹ and adjacent to CR 39. 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 at#a hed erte�� Signature Date Agency•, Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)_304-6498 fax 09/30/2021 THU 12:27 FAX 9706342755 Town of Pierce llCO3/004 TOWN OF PIERCE 144 Main, PO Box 57 Pierce, CO 80650 Phone; 970-834-2851 Fax: 970-834-2755 September 29, 2021 Kim Ogle Weld County Planning Department 1555 N. 17°i Ave. Greeley, CO 80631 Re: Case Number 1MJUSR21-76-298 Ms. Ogle: After reviewing Weld County Referral Case Number 1 MJUSR21-76-298, the Town of Pierce Planning Commission members are requesting additional information from the Weld County Planning Department prior to the County approving this request. The requested information is as follows: 1. The time period for which the Use by Special Review Permit would be issued; 2. Routes to be utilized by semi-trucks/trailers, loaded and unloaded; 3. Number of trips per day for semi-trucks/trailers passing through the town; 4. How non -potable water diverted from Lone Tree Creek would be reclaimed/returned to the Lone Tree Creek drainage. Thank you for considering this request for additional information. We greatly appreciate your allowing the Town to provide feedback on this matter. R 5pectfulny, ��t! . L Rick Crom Planning Commission Chairman `"VVJii V+rkIVJ-VU xc: file Division of Water Resources COLORADO Department of Natural Resources December 21, 2021 Kim Ogle Weld County Planning Department Transmission via email: kogle@weldgov.com Re: North Weld Pit (M-1976-018) Case Number 1MJUSR21-76-298 Section 7, Twp. 8N, Rng. 65W, 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 (USR-298) 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 Weld Pit is a surface mining operation located approximately 4 miles northeast of Pierce, Colorado. The primary commodities mined at the site are sand and gravel. The applicant has requested an amendment to add processing of minerals, importation of aggregate from offsite, a mine office with scale house and scale, a fueling/lubricating station, portable generators, parking and storage for mobile mining equipment, and employee and vendor parking to the currently approved uses at the site. The application also seeks to increase the permitted acres from 80 acres to 522 acres. The deposits to be mined are found at a depth of approximately 24 feet below ground surface. The site is proposed to be dry mined with excavations above the groundwater table. Should groundwater be encountered during mining operations, the excavation will be backfilled to at least two feet above the elevation that groundwater was encountered at. Water will be needed at the North Weld Gravel Pit site for industrial/commercial uses including dust control and the washing of mined material, and for irrigation. The applicant has acquired the AJ Eaton Ditch No. 1 and AJ Eaton Ditch No. 2 water rights originally decreed in case no. CA -2142 and quantified and changed in case no. 18CW3021. The applicant has obtained a substitute water supply plan (Plan ID 2931) to change the use of the subject ditch rights to include industrial, commercial and irrigation purposes within the North Weld Gravel Pit, and to allow storage of the subject water rights on site for subsequent application to these uses. The substitute water supply plan is currently valid through July 31, 2022. The applicant has estimated water requirements for the site to total of 234.36 acre-feet per year, broken down as 34.36 acre-feet for irrigation purposes and 200 acre-feet for dust abatement and . M:i '}i .:'I :" (..) •} 1_.:.:.r: t.: :ir:: .11,.Irla....•:{.I:Ir1:l]r::I::' Ia:rrC.. ii. 'I:1::'.'Wiit-t-I:Ii, {I:: 4. North Weld Pit December 21, 2021 Case No. 1MJUSR21-76-298 Page 2 of 2 processing. The estimated water requirement is within the amount of water that may be used under the approved substitute water supply plan. The site is anticipated to have a maximum of 12 employees on site at the same time. Bottled drinking water and portable toilets will be provided for employee use. The site will be graded to drain internally with all stormwater collected allowed to seep into the ground. No additional stormwater detention facilities are proposed. All stormwater runoff intercepted by this operation must infiltrate into the ground or be released to the stream system within 72 hours. Any seepage from the adjacent Pierce Lateral Ditch that collects in the unlined pit is considered to be groundwater and must be discharged to the stream system without use. Otherwise, the operator will need to obtain a new or amended substitute water supply plan approved by this office or a plan for augmentation decreed by the water court to make replacements for evaporation from these sources. 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: Applicant Referral file no. 29020 From: Young - CDOT, Allyson <allyson.young@state.co.us> Sent: Monday, December 13, 2021 9:24 AM To: Derek Daniels <derek@chexcavation.com> Cc: Kim Ogle <kogle@weldgov.com>; timothy.bilobran@state.co.us; Jared Dains <jareddains@applegategroup.com>; Cliff Simpson <cliff@chexcavation.com> Subject: Re: TIS -North Weld Gravel Pit 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 Morning All, After review of the study and comments submitted 11/22, CDOT's conclusive comments are as follows: CDOT agrees with the conclusions of the study, including the results of the signal warrant analysis. CDOT will require the applicant to apply for a CDOT Access Permit to account for the construction associated with the NB right deceleration lane on CO 85 at the CO 85/CR 90 intersection. As stated in the study, the existing deceleration lane is too short and CDOT expects the additional 219' to be added to the lane by the applicant to safely accommodate the large truckvehicles' queuing. The applicant should contact Tim and I when they are ready to move forward with the application process. I have attached our CDOT application for their review and use below. Thank you, Ally On Mon, Nov 22, 2021 at 4:28 PM Derek Daniels <derek@chexcavation.com>wrote: Allyson, Attached is an updated Traffic Impact Study and a response from our traffic engineer. Please reach out with any questions or comments. Best, Derek Daniels General Manager C&H Excavation, LLC dba: C&H Solutions, LLC Office: 97O-834-2247 Mobile: 97O-5go-1688 Fax: 97O -834-22O9 From: Young - CDOT, Allyson <allyson.young@state.co.us> Sent: Monday, November 8, 2021 9:49 AMTo: Derek Daniels <derek@chexcavation.com> Cc: Kim Ogle <kogle@weldgov.com>; timothy.bilobran@state.co.us; Jared Dains <iareddains@applegategroup.com>; Cliff Simpson <cliff@chexcavation.com> Subject: Re: TIS -North Weld Gravel Pit Derek, The study addresses improvements on CR intersections primarily. CDOT is primarily concerned with improvements/traffic associated with CO 85. Numbers 2 and 5 in the previous email need to be completed within the study and once included, the study needs to be resubmitted to CDOT for a second round of review. WCR 90/CO 85: 2) Full analysis of all existing auxiliary lane storage lengths at the CR 90 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 (all counts in PCE's). 5) Has a signal warrant analysis been completed for this intersection? I'm assuming that she is referring to US 85/WCR 90. That isn't included in my scope of services. The peak hour volumes won't warrant a traffic signal, so I don't think that a signal would be warranted at the intersection. CDOT will not accept a statement via email simply stating that the signal is not warranted. CDOT expects that either a warrant analysis or a statement explaining why the warrant is not met according to the engineer's judgement be included in the engineer stamped study. CDOT is aware of Table 4. Throughout the entirety of the study (all figures included) are traffic counts in PCE's? CDOT does require that all counts be listed in PCE's. In the snippet of the study below, it is noted that the site will be generating up to 212 trucks and 66passenger vehicles/day. summarized in Table 3. When the quarry is fully operational, the daily traffic volumes rapacity Manual. 6th Edition. Transportation Research Board. 2018. ration_ 10'h Edition_ Institute of Transportation Engineers September 2017_ Solutions, Inc_ 3 Pit Traffic Impact Study Applegate Group, Inc. rado October 21. 2C21 ire expected to include 212 truck trips and 66 passenger vehicle trips. The trip generation for the shift changes is included in a separate table. Shift changes are :xpected to occur at 8:00 a.m., 4:00 p.m., and midnight. Please thoroughly explain how this large amount of site traffic culminates in less than 10 vehicles in a peak hour. From what CDOT sees within the figures and tables, the peak hour counts do not align with the total site generated traffic. Is the peak hour traffic reflected in the table only representative of the expansion of the site? Peak hour should reflect the total site generated traffic, not just the site expansion traffic. If you have any follow up questions, please feel free to let me know. Thanks, Ally On Mon, Nov 8, 2021 at 7:22 AM Derek Daniels <derek@chexcavation.com>wrote: Allyson, Please see responses from our traffic engineer below: WCR 90/CO 85: 1) Primary haul route; north and south bound entrance for vehicles? Define the percentage of use from each direction on CO 85 rather than solely EB/WB traffic on the CR. Specifically identifying the number of trucks/large vehicles (in excess of 30 feet). The haul route runs between US 85/WCR 90 and the site access on WCR 39, so all of the traffic is entering the site from the south. When the traffic leaves the site, it will go south along the haul route. Please refer to Figures 7 and 8 for the trip assignment. I would assume that all trucks are at least 30' long. Refer to Figure 6 for the distribution of traffic on US 85. 2) Full analysis of all existing auxiliary lane storage lengths at the CR 90 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. I haven't done this, but I can prepare a table that include this information. 3) A wheel path analysis of the right northbound turning radius for the gravel mine trucks-- will the curb line/any delineators or signs be impacted? I'm assuming that she is referring to the northbound right turn at US 85/WCR 90. Trucks are making that movement now, so I don't think that this is necessary. 5) Has a signal warrant analysis been completed forthis intersection? I'm assuming that she is referring to US 85/WCR 90. That isn't included in my scope of services. The peak hour volumes won't warrant a traffic signal, so I don't think that a signal would be warranted at the intersection. Will the WCR 39/CO 14 be used at all? This intersection isn't on the haul route. It should be noted that CDOT will not accept LOS/Delays as sole justification for negating any and all roadway improvements. All counts should be displayed in passenger car equivalents. Peak hour counts in PCE's associated with the gravel mine site at both WCR 94/CO 85 and WCR 90/CO85 intersections need to be identified and differentiated. The study doesn't attempt to negate any improvements based on level of service or delay. Refer to Table 4 for the PCE to review the need for auxiliary lanes. It is noted that 90% of site traffic will be trucks. Both truck and passenger vehicle counts in PCEs should be included in peak hour counts at each intersection-- whether or not auxiliary lanes exist at the intersection is irrelevant to this requirement. This section of CO 85 is categorized as expressway, meaning auxiliary lane thresholds are extremely low. Table 4 contains a review of auxiliary lane requirements based on PCE for the three intersections that were evaluated in the study. Please let me know if you have any questions or concerns Best, Derek Daniels General Manager C&H Excavation, LLC dba: C&H Solutions, LLC Office: 97O-834-2247 Mobile: 97O-5go-1688 Fax: 97O -834-22O9 4x SOLUTIONS From: Young - CDOT, Allyson <allyson.young@state.co.us> Sent: Tuesday, November 2, 2021 2:53 PM To: Derek Daniels <derek@chexcavation.com> Cc: Kim Ogle <kogle@weldgov.com>; timothy.bilobran@state.co.us; Jared Dains <iareddains@applegategroup.com>; Cliff Simpson <cliff@chexcavation.com> Subject: Re: TIS -North Weld Gravel Pit Hi Derek, We've reviewed the TIS forthe north Weld County gravel pit site. CDOT's first round of comments and requests for revision are as follows: WCR 94/CO 85: While it was mentioned that this access to CO 85 will not be utilized, the study states that it is a secondary haul route. 1) Define secondary haul route? What types of vehicles/frequency, etc. 2) Define the percentage of use from each direction on CO 85. Specifically identifying the number of trucks/large vehicles (in excess of 30 feet). *Full analysis of the intersection may be requested similarlyto WCR 90. WCR 90/CO 85: 1) Primary haul route; north and south bound entrance for vehicles? Define the percentage of use from each direction on CO 85 rather than solely EB/WB traffic on the CR. Specifically identifying the number of trucks/large vehicles (in excess of 30 feet). 2) Full analysis of all existing auxiliary lane storage lengths at the CR 90 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. 3) Awheel path analysis of the right northbound turning radius forthe gravel mine trucks-- will the curb line/any delineators or signs be impacted? 5) Has a signal warrant analysis been completed for this intersection? Will the WCR 39/CO 14 be used at all? It should be noted that CDOT will not accept LOS/Delays as sole justification for negating any and all roadway improvements. All counts should be displayed in passenger car equivalents. Peak hour counts in PCE's associated with the gravel mine site at both WCR 94/CO 85 and WCR 90/CO85 intersections need to be identified and differentiated. It is noted that 90% of site traffic will be trucks. Both truck and passenger vehicle counts in PCEs should be included in peak hour counts at each intersection-- whether or not auxiliary lanes exist at the intersection is irrelevant to this requirement. This section of CO 85 is categorized as expressway, meaning auxiliary lane thresholds are extremely low. Thank you, Ally On Thu, Oct 28, 2021 at 8:23 AM Derek Daniels <derek@chexcavation.com>wrote: Great, thank you! Derek Daniels General Manager C&H Excavation, LLC dba: C&H Solutions, LLC Office: 97O-834-2247 Mobile: 97O-5go-1688 Fax: 97O -834-22O9 SOLUTIONS From: Young - CDOT, Allyson <allyson.young@state.co.us> Sent: Thursday, October 28, 2021 8:22 AM To: Derek Daniels <derek@chexcavation.com> Cc: Kim Ogle <kogle@weldgov.com>; timothy.bilobran@state.co.us; Jared Dains <jareddains@applegategroup.com>; Cliff Simpson <cliff@chexcavation.com> Subject: Re: TIS -North Weld Gravel Pit Good Morning Daniel, Understood. I have your TIS queued up for review. We will forward first round comments to this thread. Thank you, Ally On Thu, Oct 28, 2021 at 8:16 AM Derek Daniels <derek@chexcavation.com>wrote: All, I wanted to make it clear that WCR 94 will not be utilized to haul gravel for the North Weld Gravel Pit. Please let me know if you have any questions. Thank you, Derek Daniels General Manager C&H Excavation, LLC dba: C&H Solutions, LLC Office: 97O-834-2247 Mobile: 97O-5go-1688 Fax: 97O -834-22O9 4x SOLUTIONS From: Derek Daniels Sent: Friday, October 22, 2021 8:08 AM To: Kim Ogle <kogle@weldgov.com>; timothy.bilobran@state.co.us; allyson.young@state.co.us Cc: Jared Dains<iareddains@agglegategrouq.com>; Cliff Simpson <cliff@chexcavation.com> Subject: TIS -North Weld Gravel Pit All, Please see attached TIS for the North Weld Gravel Pit. Let me know if you have any questions or concerns. Thank you, Derek Daniels General Manager C&H Excavation, LLC dba: C&H Solutions, LLC Office: 97O-834-2247 Mobile: 97O-5go-1688 Fax: 97O -834-22O9 Thank you, Allyson Young (Mattson) Region 4 Assistant Access Manager, Outdoor Advertising Inspector - Traffic LRADO - Department of Transportation P 970 350 2148 C 970 381 8995 10601 West 10th Street, Greeley, CO 80634 allyson.mattson(a)state.co.us I http://codot.gov/ I www.cotrip.org COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority application STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date: Instructions: - Contact the Colorado Department of Transportation (COOT) or your local government to determine your issuing authority. Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. Or type - If you have any questions contact the issuing authority. For additional information see CDOT's Access Management website athttp://www.dot.state.co.uslAccessPermits/index.htm 1) Propertyowner(Permittee) 2) Applicant or Agent for permittee (if different from property owner) Street address Mailing address City, state & zip Phone # City, state & zip Phone# (required) E-mail address E-mail address if available 3) Address of property to be served by permit (required) 4) Legal description of property: If within jurisdictional limits of Municipality, city and/or County, which one? county subdivision block lot section township range 5) What State Highway are you requesting access from? 6) What side of the highway? ON �S E ❑ W 7) How many feet is the proposed access from the nearest mile post? feet ❑N❑S❑E❑W)from: How many feet is the proposed access from the nearest cross street? feet EIN ❑S❑E❑W)from: 8) What is the approximate date you intend to begin construction? 9) Check here if you are requesting a: ❑ new access Otemporary access (duration anticipated: ) improvement to existing access ❑ change in access use removal of access relocation of an existing access (provide detail) 10) Provide existing property use 11) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest? �no byes, if yes - what are the permit number(s) and provide copies: and/or, permitdate: 12) Does the property owner own or have any interests in any adjacent property? �no ❑ yes, if yes - please describe: 13) Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property? ❑ no byes, if yes - list them on your plans and indicate the proposed and existing access points. 14) If you are requesting agricultural field access - how many acres will the access serve? 15) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business/land use square footage business square footage 16) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units? type number of units type number of units 17) Provide the following vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts. Indicate if your counts are peak hour volumes or average daily volumes. # of passenger cars and light trucks at peak hour volumes # of multi unit trucks at peak hour volumes # of single unit vehicles in excess of 30 ft. # of farm vehicles (field equipment) Total count of all vehicles 0 Previous editions are obsolete and may not be used Page 1 012 CDOT Form #137 01/10 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access, bordering roads and streets. e) Subdivision, zoning, or development plan. b) Highway and driveway plan profile. f) Proposed access design. c) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. d) Map and letters detailing utility locations before and after h) Traffic studies. development in and along the right-of-way. i) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the CDOT Planning/Construction-Environmental-Guidance webpage http://www.dot.state.co.uslenvironmental/Forms.asp. 2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-1999, class 2); head protection that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above -referenced ANSI standards have been revised, the most recent version of the standard shall apply. 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: <http://www.dot.state.co.us/DesignSupport/>, then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Applicant or Agent for Permittee signature Print name Date If the applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most cases, will be listed as the permittee. Property owner signature Print name Date Previous editions are obsolete and may not be used Page 2 of 2 CBOT Form #137 01/10 INSTRUCTIONS FOR COMPLETINGAPPLICATION FOR ACCESS PERMIT (CDOT FORM NO. 137) January 2010 To construct, relocate, close, or modify access(es) to a State Highway or when there are changes in use of such access point(s), an application for access permit must be submitted to the Colorado Department of Transportation (CDOT) or the local jurisdiction serving as the issuing authority for State Highway Access Permits. Contact the CDOT Regional Access Unit in which the subject property is located to determine where the application must be submitted. The following link will help you determine which CDOT Region office to contact: http://www.dot.state.co.us/AccessPermits/PDF/Region Address_and Map.pdf All applications are processed and access permits are issued in accordance to the requirements and procedures found in the most current version of the State Highway Access Code (Access Code). Copies of the Access Code and the application form are available from the CDOT Headquarters, Access Unit located at 4201 East Arkansas Avenue, Denver, CO 80222 and in each of the six Regional CDOT offices. The locations of CDOT Regional Offices, the Access Code and the application form are also available from CDOT's web site at: http://www.dot.state.co.us/AccessPermits/index.htm Please complete all information requested accurately. Access permits granted based on applications found to contain false information may be revoked. An incomplete application will not be accepted. If additional information, plans and documents are required, attach them to the application. Keep a copy of your submittal for your records. Please note that only the original signed copy of the application will be accepted. Do not send or enclose any permit fee at this time. A permit fee will be collected if an access permit is issued. The following is a brief description of the information to be provided on each enumerated space on the application form (CDOT Form 137, 2010). 1. Property Owner (Permittee): Please provide the full name, mailing address and telephone number and the E-mail address (if available) of the legal property owner (owner of the surface rights). Please provide a telephone number where the Permittee can be reached during business hours (8:00 a.m. to 5:00 p.m.). Having a contract on the property is not a sufficient legal right to that property for purposes of this application. If the access is to be on or across an access easement, then a copy of the easement MUST accompany this application. If federal land is involved, provide the name of the relevant federal agency AND attach copy of federal authorization for property use. 2. Agent for permittee: if the applicant (person completing this application) is different than the property owner (Permittee), provide entity name (if applicable), the full name of the person serving as the Agent, mailing address, telephone number, and the E-mail address (if available). Please provide a telephone number where the Agent can be reached during business hours (8:00 a.m. to 5:00 p.m.). Joint applications such as owner/lessee may be submitted. Corporations must be licensed to do business in Colorado: All corporations serving as, or providing, an Agent as the applicant must be licensed to do business in Colorado. Instructions for completing Application forAccess Permit (CDOT Form #137), January 2010 Page 1 3. Address of Property to be Served: Provide if property to be served has an official street address. If the access is a public road, note the name (or future name) of the road. 4. Legal Description of Property: Fill in this item to the extent it applies. This information is available at your local County Courthouse, or on your ownership deed(s). A copy of the deed may be required as part of this application in some situations. To determine applicability, check with the CD UT's Regional Access Manager or issuing authority staff. 5. State Highway: Provide the State Highway number from which the access is requested. 6. Highway Side: Mark the appropriate box to indicate what side of the highway the requested access is located. 7. Access Mile Point: Without complete information, we may not be able to locate the proposed access. To obtain the distance in feet, drive the length between the mile point and the proposed access, rounding the distance on the odometer to the nearest tenth of a mile; multiply the distance by 5,280 feet to obtain the number of feet from the mile point. Then enter the direction (i.e. north, south, east, west) from the mile point to the proposed access. Finally, enter the mile point number. It is helpful in rural or undeveloped areas if some flagging is tied to the right-of-way fence at the desired location of the access. Also, if there is a cross street or road close to the proposed access, note the distance in feet (using the same procedures noted above) from that cross street or road. 8. Access Construction Date: Fill in the date on which construction of the access is planned to begin. 9. Access Request: Mark items that apply. More than one item may be checked. 10. Existing property use: Describe how the property is currently being used. For example, common uses are Single Family Residential, Commercial or Agricultural. 11. Existing Access: Does the property have any other legal alternatives to reach a public road other than the access requested in this application? Note the access permit number(s) for any existing state highway access point(s) along with their issue date(s). If there are no existing access point(s), mark the "no" box. 12. Adjacent Property: Please mark the appropriate box. If the "yes" box is marked, provide a brief description of the property (location of the property in relation to the property for which this access application is being made). 13. Abutting Streets: If there are any other existing or proposed public roads or easements abutting the property, they should be shown on a map or plan attached to this application. 14. Agricultural Acres: Provide number of acres to be served. Instructions for completing Application forAccess Permit (CDOT Form #137), January 2010 Page 2 15. Access Use: List the land uses and square footage of the site as it will be when it is fully developed. The planned land uses as they will be when the site is fully developed are used to project the amount of traffic that the site will generate, peak hour traffic levels and the type of vehicles that can be expected as a result of the planned land uses. There may be exceptional circumstances that would allow phased installation of access requirements. This is at the discretion of the CDOT Regional Access Unit or issuing authority staff. 16. Estimated Traffic Count: Provide a reasonable estimate of the traffic volume expected to use the access. Note the type of vehicles that will use the access along with the volume (number of vehicles in and out at either the peak hour or average daily rates) for each type of vehicle. A vehicle leaving the property and then returning counts as two trips. If 40 customers are expected to visit the business daily, there would be 80 trips in addition to the trips made by all employees and other visitors (such as delivery and trash removal vehicles). If the PDF on-line version of this application is being used, the fields for each type of vehicle will automatically be added together to populate the last field on the page. 17. Documents and Plans: The CDOT Regional Access Manager or issuing authority staff will determine which of these items must be provided to make the application complete. Incomplete applications will not be accepted. If an incomplete application is received via U.S. mail or through means other than in the hand of the Access Manager or issuing authority staff, it will not be processed. It is the responsibility of the applicant to verify with the CDOT Regional Access Manager or issuing authority staff whether the application is complete at the time of submission. Signature: Generally, if the applicant is not the property owner, then the property owner or a legally authorized representative must sign the application. With narrow exceptions, proof of the property owner's consent is required to be submitted with the application (proof may be a power of attorney or a similar consent instrument). The CDOT Regional Access Manager or issuing authority staff will determine if the exception provided in the Access Code (2.3 (3) (b)) is applicable. If CDOT is the issuing authority for this application, direct your questions to the CDOT Regional Access Manager or the issuing authority staff serving the subject property. http://www.dot.state.co.us/AccessPermits/PDF/Region Address_and Map.pdf If the application is accepted, it will be reviewed by the CDOT Regional Access Manager or the issuing authority staff. If an Access Permit is issued, be sure to read all of the attached Terms and Conditions before signing and returning the Access Permit. The Terms and Conditions may require that additional information be provided prior to issuance of the Notice to Proceed. The CDOT Regional Access Manager (or issuing authority staff) MUST be contacted prior to commencing work on any Access Permit project. A Notice to Proceed that authorizes the Permittee to begin access related construction MUST be issued prior to working on the access in the State Highway right-of-way. The Notice to Proceed may also have Terms and Conditions that must be fulfilled before work may begin on the permitted access. Instructions for completing Application forAccess Permit (CDOT Form #137), January 2010 Page 3 Hello