HomeMy WebLinkAbout20201506.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Mike McRoberts, P.E., Public Works
• DATE: March 9, 2020
I- SUBJECT: USR19-0075 Arnold's Pit No. 1
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Special Review Permit for Open Mining and
processing of minerals (topsoil, overburden, sand, gravel and stone) in the A(Agricultural)Zone District.
This project is south of and adjacent to CR 16 and is east of and adjacent to CR 69.
Parcel number 130335000003.
Access is from CR 16.
ACCESS
Weld County Public Works has reviewed the application materials related to access and determined that
the applicant is proposing to use an existing access on County Road 16 located approximately 1,350 feet
east of County Road 69. The existing access does not meet the 330' minimum access spacing requirement
for a collector road with respect to the existing accesses on the north side of County Road 16. However,
the existing property access road is flanked on both sides by concrete-lined irrigation ditches, there are
existing concrete-lined irrigation ditches on both sides of County Road 16, and there is an existing power
pole on the west side on the property access. These existing conditions make it infeasible to relocate the
existing access to align with one of the accesses on the north side of County Road 16, and minimal trips
are anticipated from the property to the north. Therefore, Public Works will allow the applicant to use the
existing access for this project.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please
refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS-OF-WAY
County Road 14 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. 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 16 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. 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 69 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. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required
setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered
in the right-of-way. This road is maintained by Weld County.
Per, Sec. 8-13-30.B, a Weld County Right-of-Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights-of-way
or easement. Right-of-Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on CR 16 counted 423 vpd with 27% trucks. The 85th percentile speed is 69 mph.
The traffic information submitted with the application materials indicated that there will be approximately 15
truck daily roundtrips and two passenger vehicle daily roundtrips. 100% of the site traffic will be exiting to
the west on CR 16.
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'of asphalt or 300'of asphalt. Recycled
concrete is not allowed in County right-of-way. A variance request for alternatives to the tracking control
requirement can be submitted to Public Works for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP-FRONT IMPROVEMENTS
Public Works is requesting an Improvements and Road Maintenance Agreement with triggered off-site
improvements. Road Maintenance includes, but is not limited to, dust control and damage repairs to
specified haul routes.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/USR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. It will detail the approved
haul route(s), 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.
A drainage report with detention pond designed is waived for this project as it meets the criteria (Section 8-
11-40 of the Weld County Code) for the following exception to stormwater detention: 8. Development of
sites where the change of use does not increase the imperviousness 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 grading permit is required prior to the start of construction for over one (1) acre of ground disturbed for
construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or
other construction not directly in the mined area. Grading Permit applications are accepted after the
planning process is complete (plan recorded). An Early Release Request Form may be entertained only
after the applicant, Public Works and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Public Works for more information.
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.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement with triggers for off-site improvements is required
for this project. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements. (Department of Public
Works)
B. The plan shall be amended to delineate the following:
1. County Road 14 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 16 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
3. County Road 69 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. Show and label the approved access location and access type(s) (Agricultural, Residential,
Commercial/Industrial and/or Oil and Gas), approved access width (24' to 40' measured at the
right-of-way line) and the appropriate turning radii (60')on the site plan. The applicant must obtain
an access permit in the approved location prior to operation. (Department of Public Works)
5. Show and label the approved tracking control on the site plan. (Department of Public Works)
6. 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)
7. Show and label the drainage flow arrows. (Department of Public Works)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed for construction outside of the mining area, a Weld County
grading permit will be required. (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement. (Department of Public Works)
6. The Improvements and 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
v ' Nr i 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: March 4, 2020
Re: USR79-0075 Huwa
Environmental Health Services has reviewed this proposal for a Site-Specific
Development Plan and Special Review Permit for Open Mining and processing of
minerals (topsoil, overburden, sand, gravel and stone) in the A (Agricultural) Zone
District.
As mining is considered a temporary use, screened portable toilets and bottled water
are acceptable for sanitary uses in accordance with EH policy.
Noise is restricted to the level allowed in the industrial zone district. The application did
not contain a noise study but did provide the following statement regarding noise: H2
Enterprises will ensure that appropriate mufflers are installed on all equipment. The
operational plan includes excavating topsoil with dozer and loading onto trucks for
transport offsite. Equipment to be used for the operations includes the single dozer,
and front-end loader, and semi-trucks. All equipment will have mufflers to reduce the
noise from motors. H2 Enterprises will adhere to the maximum permissible noise
limits allowed as outlined in 25-10-103, C.R.S.for an industrial operation and the Weld
County Code -Article IX.
The application indicates an APEN has been applied for that addresses emissions
from semi-trucks and front-end loaders. An APEN may be needed for on-site dust
A dust abatement plan was submitted. A water truck will be available, and loads will
be covered when entering or leaving the site.
A waste handling plan was submitted. A standard dumpster will be provided and
emptied on a bi-weekly basis.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning &Response [�]
Icic:9/0 304 6410 I ale:9/0:304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 V
Fax: 9/0-301-641'2 Fax: 9/0-304-6416 Fu)..: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 Public Health
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 a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as applicable.
6. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in 25-12-103 C.R.S.
7. The operation shall remove, handle, and stockpile overburden, sand, soil and
gravel from the facility area in a manner that prevents nuisance conditions.
8. Portable toilets and bottled water are acceptable to provide drinking and sanitary
services to the site. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County, contain hand sanitizers and shall
be screened from residences within one-half mile of the facility and high-volume
roads in consultation with the Department of Public Works.
9. The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
10.The operation shall comply with the Mine Safety and Health Act (MSHA).
11 .The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
12.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
February 11, 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: Richard & Patricia Huwa, c/o Arnolds Case Number: USR19-0075
Custom Seeding, LLC
Please Reply By: March 10, 2020 Planner: Kim Ogle
Project:A Site Specific Development Plan and Special Review Permit for Open Mining and processing
of minerals(topsoil, overburden, sand, gravel and stone) in the A(Agricultural)Zone District
Location: EAST OF AND ADJACENT TO CR 69, SOUTH OF AND ADJACENT TO CR 16
Parcel Number: 130335000003-R5064986 Legal:W2 SECTION 35, T2N, R63W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
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:
ITWe have reviewed the request and find no conflicts with our interests.
FT See attached letter.
Rod Baumgartner 3-16-2020
Signature Date
Agency Henrylyn Irrigation District
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
THE HENRYLYN IRRIGATION DISTRICT
29490 Road 14
Keenesburg, Colorado 80643
(303) 536-4702
March 16, 2020
RE: Case Number —USR19-0075
Planning Technician—Kim Ogle
Weld County Panning Services
1555 N. 17th Ave.
Greeley, CO 80631
Dear Mr. Ogle:
As Manager/Secretary of the Henrylyn Irrigation District ("District"), I am responding to
a referral from your office regarding the above case number USR19-0075.
In previous mining projects that have occurred on this property numerous loads of dirt
were used to backfill where the mining occurred. This backfill dirt contained various
forms of plastic, paper and paraphernalia that continuously were blown about the area
into neighboring yards and ditches.
If this is the plan for the current application, I would expect that the permit be denied.
Any additional information that is added to the application for review should be
forwarded to the Henrylyn Irrigation District's office at the address above.
Respectfully yours,
Rodliaumga
General Manager
Henrylyn Irrigation
Submit by Email
W Weld County RefReferral
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L . C L� N T h
February 11 , 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: Richard & Patricia Huwa, c10 Arnolds Case Number: USR19-0075
Custom Seeding , LLC
Please Reply By : March 10 , 2020 Planner: Kim Ogle
Project: A Site Specific Development Plan and Special Review Permit for Open Mining and processing
of minerals (topsoil , overburden , sand , gravel and stone) in the A (Agricultural ) Zone District
Location : EAST OF AND ADJACENT TO CR 69 ,. SOUTH OF AND ADJACENT TO CR 16
Parcel Number: 130335000003- R5064986 Legal : W2 SECTION 35 , T2N , R63W OF THE 6TH P.M . ,
WELD COUNTY, COLORADO.
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: - - - --
U I We have reviewed the request and find no conflicts with our interests.
I See attached letter.
Wenli Dickinson 02/20/2020
Signature Date
Agency Division of Water Resources
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
COL 3R ADO
DNR
0 0 Division of Water Resources
t Department of Natural Resources
February 20 , 2020
Kim Ogle, Planner III
Weld County Department of Planning Services
Transmission via email: kogle@weldgov. com
Re: Case no . USR19 -0075 Arnolds Custom Seeding - Site Specific Development Plan a Use by Special
Review Permit
The W 1/2 of Sec. 35 , T 2N , R 63W, 6th P . M.
Lost Creek Ground Water Management District
Water Division 1 , Water District 1
Dear Kim Ogle:
We have received your February 11 , 2020 request regarding the above- referenced proposal for a 319 -
acre parcel known as the W ' of Sec. 35 , T 2N , R 63W, 6th P . M. According to the submitted information ,
the applicant is seeking a site specific development plan and use by special review permit for open mining
and processing of minerals (topsoil, overburden , sand , gravel and stone) .
This referral does not appear to qualify as a "subdivision " as defined in section 30 -28 - 101 ( 10 ) (a ) ,
C . R. S. Therefore, pursuant to the State Engineer' s March 4 , 2005 and March 11 , 2011 memorandums to
county planning directors , this office will only perform a cursory review of the referral information and
provide informal comments. The comments do not address the adequacy of the water supply plan for
this project or the ability of the water supply plan to satisfy any County regulations or requirements. In
addition , the comments provided herein cannot be used to guarantee a viable water supply plan or
infrastructure, the issuance of a well permit, or physical availability of water.
According to the submitted material, no water source will be required at the site. Bottled water and
portable toilets will be provided and water for dust control will be hauled to the site. This office has no
objection to the water supply plan .
The submittal indicates that a berm to direct storm water will be constructed as part of this project. If
the berm constitutes a storm water detention structure the applicant should be aware that , unless the
structure can meet the requirements of a "storm water detention and infiltration facility" as defined in
Designated Basin Rule 5 . 11 , the structure may be subject to administration by this office. The applicant
should review Rule 5 . 11 to determine whether the structure meets the requirements of the Rule and
ensure any notification requirement is meet.
If you or the applicant have any questions, please contact Wenli Dickinson at 303 - 866 - 3581 x8206 or at
wen li . dickinson@state. co , us .
Sincerely,
16ec elan Lae
Keith Vander Horst
Chief of Water Supply, Designated Basins
Ec : Subdivision file 27003
cota1/4
1313 Sherman Street, Room 821 , Denver, CO 80203 P 303.866. 3581 www. colorado. gov/water F75* —-- : xi
Jared S . Polls, Governor I Dan Gibbs, Executive Director I Kevin G . Rein , State Engineer/Director * f ' � y
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