HomeMy WebLinkAbout20203629.tiff MEMORANDUM
TO: Diana Aungst, Planning Services
1861
FROM: Zackery Roberson, Public Works
DATE: October 21, 2020
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SUBJECT: USR20-0025 KONIG JOEL W
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 Use by Special Review Permit for Open Mining
(sand, gravel and stone) outside of subdivisions and historic townsites in the A (Agricultural)Zone District
- North Star Pit
This project is north of and adjacent to CR 138 ROW and is east of CR 71.
Parcel number 004322000009.
Access is from CR 71 to a non-county maintained road located on CR 138 ROW.
ACCESS
Weld County Public Works has reviewed the application materials related to access.Access to the property
will be located off County Road 71 located approximately 2,7000 feet north of County Road 136.5. The
access uses a 138 public ROW. This road is not maintained by the Weld County.
This site has an existing access permit AP12-00228. No change in access location is being proposed.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure
the approved accesses are compatible with your layout. Per Sec. 24-8-40, when feasible, there shall be no
net increase in the number of accesses to a public road. Minimum access spacing are shown in Weld
County Code, Sec. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS-OF-WAY
County Road 71 is a gravel road and is designated on the Weld County Functional Classification Map(Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way(along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required
setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered
in the right-of-way. This road is maintained by Weld County.
County Road 138 is a section line road. Section line right-of-way does not exist in all sections in Weld
County and should be verified before a decision to utilize it is made.Weld County commonly refers to these
locations as "Non-Maintained Section Line Right-of-Way."The existence of a physical road does not imply
public right-of-way and the road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the
existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be
verified it shall be dedicated or an adequate easement between property owners shall be provided.
Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required setback is
measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the
right-of-way. This road is NOT maintained by Weld County.
Per, Sec. 8-13-30.B, a Weld County Right-of-Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights-of-way
or easement. Right-of-Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/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
No traffic counts are available in the area.
The traffic information submitted with the application materials indicated that there will be approximately 56
daily roundtrips. 100% of the traffic will be going to the south from CR 71.
TRAFFIC SAFETY IMPROVMENTS
The traffic impact study has identified the intersections of WCR138/WCR 71 and WCR 71/WCR136 to be
improved with "stop sign control" measures. The Department of Public works is in support of these safety
measures. The east approaching leg of WCR 138 at the intersection of WCR 71 shall be improved with a
stop sign. The west approaching leg of WCR 136 at the intersection of WCR 71 shall be improved with a
stop sign.
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ROAD MAINTENANCE AGREEMENT
Public Works is requesting a Road Maintenance Agreement including, but not limited to, dust control and
damage repair 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°/020Improvements°/020Agreement°/020Template.pdf.
DRAINAGE REQUIREMENTS
The drainage narrative has been reviewed and comments were provided on Oct, 61h 2020. For exception 6
to be valid all the storm water will need to drain the to the pit. If this cannot achieve a full drainage report
providing detention shall be required.
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 Drainage Report: If a valid narrative is not accepted a full report shall be required.
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Public Works Development Review website. General
drainage report checklist is available on the engineering website. More complete checklists are available
upon request.
Detention pond drainage narrative: This has not been approved as of 10/21.
The applicant has submitted a drainage narrative stating that the site meets drainage exception 6. Gravel
pits if the stormwater drains into the gravel pit. Releases from the site shall comply with the Weld County
Storm Drainage Criteria, including dewatering.Topographical information shall be provided. Located in Sec.
8-11-40. Drainage Policy.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
If more than 1 acre is to be disturbed for construction of non-gravel pit items such as structures, parking
lots, laydown yards etc..., a Weld County grading permit will be required prior to the start of construction.
Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early
Release Request Form may be entertained only after the applicant, Public Works and Planning Department
have reviewed the referral and surrounding property owner comments. The Early Release Request may or
may not be granted depending on referral comments and surrounding property owner concerns. Contact
an Engineering representative from the Public Works for more information.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required or a drainage narrative accepted by the
Department of Public Works. (Department of Public Works)
C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works)
D. The plan shall be amended to delineate the following:
1. County Road 71 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
2. County Road 138 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right-of-Way as "CR 138 Section Line Right-Of-
Way, not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
3. Show and label the approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location
prior to operation. (Department of Public Works)
4. 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)
5. If applicable, show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume. All
berms or swales containing storm water runoff shall be shown on the USR map. (Department of
Public Works)
6. Show and label the drainage flow arrows. (Department of Public Works)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area, a Weld
County grading permit will be required. (Department of Public Works)
Prior to Operation:
A. The Public Works approved safety traffic control measures (stop signs) shall be installed. (Department
of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
7. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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I WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
r 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: October 19, 2020
Re: USR20-0025 Joel & Marcy Konig CIO John McFarland, Superior
Oilfield Services
Environmental Health Services has reviewed this proposal for a Site-Specific
Development Plan and Special Review Permit for Open Mining (sand, gravel and stone)
outside of subdivisions and historic townsites in the A (Agricultural) Zone District - North
Star Pit.
As mining is considered a temporary use, portable toilets and bottled water are
acceptable for sanitary uses in accordance with EH policy. Portable toilets are required
to be screened.
Noise is restricted to the level allowed in the industrial zone district. The application
contains a noise report completed by Alles Taylor and Duke, LLC. The report states
that the closest occupied structures are a mile to the south and more then 7,000 feet to
the east and will not be impacted. Noise levels are measured 25 feet from the property
line.
There will be fuel storage which consists of a 2,000-gallon fuel tank. The tank is subject
to the regulations of the State and must have secondary containment.
There will be routine maintenance of equipment. All waste must be contained and
disposed of appropriately. No washing of vehicles or equipment will occur on site.
Air emission permitting through the State is required and the existing APEN must be
current. Water for dust control purposes will be obtained from an industrial well leased
by the operator approximately 2 miles north in Wyoming.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
cic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/0-301-641'2 Fax: 910-301-6416 Fax: 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.
4. Fugitive dust should attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's air quality regulations.
5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as applicable.
6. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in 25-12-103 C.R.S. The facility shall operate in
accordance with the accepted noise report.
7. The operation shall remove, handle, and stockpile overburden, sand, soil and
gravel from the facility area in a manner that prevents nuisance conditions.
8. Adequate drinking, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility, at all times. Any On-Site Wastewater
Treatment System located on the property must comply with all provisions of the
Weld County Code, pertaining to On-Site Wastewater Treatment Systems.
9. Portable toilets and bottled water are acceptable to provide drinking and sanitary
services to the site. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights-of-way.
10. If applicable, the operation shall obtain a stormwater or other discharge permits
from the Colorado Department of Public Health & Environment, Water Quality
Control Division.
11 .All chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
12.The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
13.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
14.The operation shall comply with the Mine Safety and Health Act (MSHA).
15.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
16.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
MEMORANDUM
1. T$ #„. -
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Y To: Diana Aungst, Planner September 24, 2020
From: Hannah Dutrow, Zoning Compliance Officer
Subject: USR20-0025 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV19-00169)was noted. This
violation was initiated due to the presence of a commercial Gravel Mine without first completing the
necessary Weld County Use by Special Review Permits. This case has been forwarded to the County
Attorney's Office; therefore, an investigation fee IS required.
Due to records release laws, staff no longer tracks complainant information, but please be aware it is
staff's policy to no longer accept staff-initiated complaints.
Approval of this application by the Board of County Commissioners would correct the zoning violation;
however,the zoning violation case(ZCV19-00169), nor the associated court case(20-C-32501)can be
dismissed until the Conditions of Approval have been completed and the final map has been recorded.
If this application is denied,this case will continue through the Violation process in County Court, Division
C (20-C-32501). The following conditions were called out on the court ordered Motion and Stipulated
Agreement.
Defendants agrees to submit the remaining Use by Special Review application items
requested for a Completeness Review by September 14, 2020. See attached email and
Completeness Review memo dated April 28, 2020 from Diana Aungst, Planner.
Defendants agree to submit a complete Use by Special Review application by October 23,
2020
Defendants acknowledge that an amended Stipulated Agreement will be created if the
Defendants submit a complete Use by Special Review application, assuming such is
submitted on or before September 30, 2020.
Our next County Court hearing is scheduled for November 2, 2020, Division C.
SERVICE.TEAMWORK.INTEGRITY.QUALITY
Diana Aungst
From : Michelle Wall
Sent: Thursday, October 1 , 2020 2:45 PM
To: Diana Aungst
Subject: FW: CASE: US R20- 0025
5
Attachments: APEN 222. PDF
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rag
Weld County Planning Department
1555 North 17th Avenue
Greeley Co 80631
Ph : 970.400.3531
Fx: 970.304.6498
mwaII@weldgov. com
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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 .
From : Localreferral - CDPHE, CDPHE < cdphe_localreferral@state co. us>
Sent: Thursday, October 1, 2020 2 : 29 PM
To: Michelle Wall <mwall@weldgov.com >
Subject Re : CASE : USR20-0025
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 afternoon , Michelle :
In addition to the applicable requirements in CDPHE 's general comments available here, the attached Air Pollutant
Emissions Notice (APEN ) for mining operations may be required for this project.
Thank you for the opportunity to comment.
On Wed, Sep 23, 2020 at 4: 20 PM Localreferral - CDPHE, CDPHE ccdphe_localreferral@state . co . us > wrote :
1
Thank you for contacting the Colorado Department of Public Health and Environment (CDPHE), CDPHE's general
comments are available here. We will continue to review this referral to determine whether additional comments are
necessary. If additional comments are necessary, we will submit them by the referral deadline
COLORADO
0 . . Department of Public
COP HE ' Health & Environment
cdphe localreferral@state. c .us I coLerade . gov / cdphe
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cdphe localreferral@state.co. us I coEorado . gov / cd phe
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CDPHE Health & Environment
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Thank you for contacting the Colorado Department of Public Health and Environment
(CDPHE) . Please note that the following requirements and recommendations apply to many
but not all projects referred by local governments . Also , they are not intended to be an
exhaustive list and it is ultimately the responsibility of the applicant to comply with all
applicable rules and regulations . CDPHE' s failure to respond to a referral should not be
construed as a favorable response .
Hazardous and Solid Waste
The applicant must comply with all applicable hazardous and solid waste rules and
regulations .
Hazardous waste regulations are available here :
https : / / www . colorado . gov / pacificircdpheihwregs .
Solid waste regulations are available here:
https : / / www . colorado . gov / pacificicdpheiswregs .
Applicable requirements may include , but are not limited to , properly characterizing all
wastes generated from this project and ensuring they are properly managed and disposed of
in accordance with Colorado' s solid and hazardous waste regulations .
If this proposed project processes, reclaims , sorts, or recycles recyclable materials generated
from industrial operations (including, but not limited to construction and demolition debris
and other recyclable materials ) , then it must register as an industrial recycling facility in
accordance with Section 8 of the Colorado Solid Waste Regulations . The industrial recycling
registration form is available here :
https: / / www . colorado . govipacificicdpheisw- recycling -forms - apps .
If you have any questions regarding hazardous and / or solid waste , please contact CDPHE ' s
Hazardous Materials and Waste Management Division (HMWMD ) by emailing
comments . hmwmd@state . co . usorcalling 303 -692 - 3320 .
Water Qua li ty
The applicant must comply with all applicable water quality rules and regulations .
The Water Quality Controls Division (WQCD ) administers regulatory programs that are generally
designed to help protect both Colorado 's natural water bodies (the clean water program ) and
built drinking water systems . Applicants must comply with all applicable water quality rules
and regulations relating to both clean water and drinking water . All water quality regulations
are available here:
https: / / www . colorado . gov / pacificicdphe / water - quality -control - commission - regulations .
Clean Water Requirements
Applicable clean water requirements may include, but are not limited to, obtaining a
stormwater discharge permit if construction activities disturb one acre or more of land or if
they are part of a larger common plan of development that will disturb one or more acres of
land . In determining the area of construction disturbance, WQCD Looks at the entire plan ,
including disturbances associated with utilities, pipelines or roads constructed to serve the
facility.
Please use the Colorado Environmental Online Services ( CEOS) to apply for new construction
stormwater discharge permits , modify or terminate existing permits and change permit
contacts .
For CEOS support please see the following WQCD website :
https : / / www . colorado . govt pacific / cdphe/ cor400000 - stormwater- discharge
or contact :
Email : cdphe ceossupport@state . co . us or cdphe_wgcd_permits state . co . us
CEOS Phone : 303 -691 - 7919
Permits Phone : 303 - 692 - 3517
Drinking Water Requirements
Some projects may also need to address drinking water regulations if the proposed project
meets the definition of a "Public Water System " per the Colorado Primary Drinking Water
Regulations ( Regulation 11 ) :
A Public Water System means a system for the provision to the public of water for
human consumption through pipes or other constructed conveyances , if such system
has at least fifteen service connections or regularly serves an average of at least 25
individuals daily at least 60 days per year. A public water system is either a
community water system or a non - community water system. Such term does not
include any special irrigation district . Such term includes :
(a) Any collection, treatment, storage , and distribution facilities under control
of the supplier of such system and used primarily in connection with such
system.
(b) Any collection or pretreatment storage facilities not under such control ,
which are used primarily in connection with such system .
If applicable, the project would need to meet all applicable requirements of Regulation 11
including , but not limited to , design review and approval ; technical, managerial and financial
review and approval; having a certified operator; and routine monitoring and reporting . For
questions regarding drinking water regulation applicability or other assistance and resources,
visit this website :
https / / www . colorado . ovipacific / cdphe / tools - drin Iii ng -water-facilities - managers
If you have any other questions regarding either clean or drinking water quality, please
contact CDPHE ' s WQCD by emailing cdphe . commentswqcd@state . co . us or calling
303 - 692 - 3500 .
Air Quality
The applicant must comply with all relevant state and federal air quality rules and
regulations . Air quality regulations are available here :
https : / / www . colorado . govipacificicdpheiagcc - regs .
Air Pollutant Emissions Notices (APENs) and Permits
Applicable requirements may include , but are not limited to , reporting emissions to the Air
Pollution Control Division (APCD ) by completing an APEN . An APEN is a two in one form for
reporting air emissions and obtaining an air permit, if a permit will be required . While only
businesses that exceed the Air Quality Control Commission (AQCC ) reporting thresholds are
required to report their emissions , all businesses - regardless of emission amount - must
always comply with applicable AQCC regulations .
In general , an APEN is required when uncontrolled actual emissions for an emission point or
group of emission points exceed the following defined emission thresholds :
Table 1
APEN Thresholds
Pollutant Category UNCONTROLLED ACTUAL EMISSIONS
Attainment Area Non-attainment Area
Criteria Pollutant 2 tons per year 1 ton per year
Lead 100 pounds per year 100 pounds per year
Non-Criteria Pollutant 250 pounds per year 250 pounds per year
Uncontrolled actual emissions do not take into account any pollution control equipment that
may exist . A map of the Denver Metropolitan Ozone Non - attainment area can be found on the
following website : http : / / www . colorado . gov / airqualityiss map wm . aspx .
In addition to these reporting thresholds, a Land Development APEN ( Form APCD - 223 ) may be
required for land development . Under Colorado air quality
regulations , land development refers to all land clearing activities , including but not limited
to land preparation such as excavating or grading, for residential , commercial or
industrial development . Land development activities release fugitive dust, a pollutant
regulation by APCD . Small land development activities are not subject to the same reporting
and permitting requirements as large land activities . Specifically, land development activities
that are less than 25 contiguous acres and less than 6 months in duration do not need to
report air emissions to APCD .
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It is important to note that even if a permit is not required , fugitive dust control measures
included the Land Development APEN Form APCD- 223 must be followed at the site . Fugitive
dust control techniques commonly included in the plan are included in the table below.
Control Options for Unpaved Roadways
Watering Use of chemical stabilizer
Paving Controlling vehicle speed
Graveling
Control Options for Mud and Dirt Carry - Out Onto Paved Surfaces
Gravel entry ways washing vehicle wheels
Covering the toad Not overfilling trucks
Control Options for Disturbed Areas
Watering Application of a chemical stabilizer
Revegetation Controlling vehicle speed
Compaction Furrowing the soil
Wind Breaks Minimizing the areas of disturbance
Synthetic or Natural Cover for Slopes
Additional information on APENs and air permits can be found on the following website:
https : / / www . colorada . gov / pacific / cdphe / air / da - you - need - an - apen . This site explains the
process to obtain APENs and air quality permits , as well as information on calculating
emissions, exemptions, and additional requirements . You may also view AQCC Regulation
Number 3 at https : / /www. colorada . gov / pacific / cdphe / agcc - reps for the complete regulatory
language .
If you have any questions regarding Colorado ' s APEN or air permitting requirements or are
unsure whether your business operations emit air pollutants, please call the Small Business
Assistance Program (SBAP ) at 303 - 692 - 3175 or 303-692 - 3148 .
Asbestos and Lead- Based Paint
In Colorado there are regulations regarding the appropriate removal and handling of asbestos
and lead -based paint as part of a demolition , renovation , or remodeling project. These
regulations are presented in AQCC Number 8 ( asbestos ) and Number 19 ( lead - based paint )
which can be found on the following website : https : / / www . colorado . govicdpheiacicc - regs .
These regulations may require the use of, or inspection by , companies or individuals that are
certified to inspect or remove these hazards prior to renovation or demolition . APCD must
also be notified of abatement or demolition activities prior to beginning any work in the case
of asbestos. For additional guidance on these regulations and lists of certified companies and
individuals please visit the following website for asbestos :
https : / / www . colarada . gov / cdphe / categaries / services - a nd - information / environment / asbesta
s and the following website for lead - based paint :
https : / / www . colorado . gov / pacific / cdphe / categories / services - a nd - information / lead .
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If you have any questions about Colorado ' s asbestos and lead - based paint regulations or are
unsure whether you are subject to them please call the Indoor Environment Program at
303 -692 - 3100 .
If you have more general questions about air quality, please contact CDPHE ' s APCD by
emaiting cdphe . commentsapcd@state . co . us or calling 303 - 692 - 3100.
Health Equity and Environmental Justice
CDPHE notes that certain projects have potential to impact vulnerable minority and
low-income communities . It is our strong recommendation that your organization consider the
potential for disproportionate environmental and health impacts on specific communities
within the project scope and if so, take action to mitigate and minimize those impacts . This
includes interfacing directly with the communities in the project area to better understand
community perspectives on the project and receive feedback on how it may impact them
during development and construction as welt as after completion . We have included some
general resources for your reference.
Additional Resources :
CDPHE ' s Health Equity Resources
CDPHE ' s Checking Assumptions to Advance Equity
EPA ' s Environmental Justice and NEPA Resources
Mining Operations APEN - Form APCD - 222
AishtiAir
-D.-- Air Pollutant Emission Notice (APEN ) and.
CDPHE Application for Construction Permit
All sections of this APEN and application must be completed for both new and existing facilities, including APEN
updates. Incomplete APENs will be rejected and will require re-submittal. Your APEN will be rejected if it is filled
out incorrectly, is missing information , or lacks payment for the filing fee. The re-submittal will require payment
for a new filing fee.
This APEN is to be used for mining operations (i . e . quarries, pits, or mines) . This APEN may also be used to report
haul road activities at non- mining facilities. Additional APENs may be required for process equipment located at
the mine . A specialty APEN may be available for the process equipment (e . g. asphalt plant, crusher/screen ,
concrete batch plant, engines, etc. ) . In addition, the General APEN ( Form APCD-2OO) is available if the specialty
APEN options will not satisfy your reporting needs. A list of all available APEN forms can be found on the Air
Pollution Control Division (APCD) website .
This emission notice is valid for five (5 ) years. Submission of a revised APEN is required 30 days prior to expiration
of the five-year term , or when a reportable change is made (significant emissions increase , increase production ,
new equipment, change in fuel type , etc . ) . See Regulation No. 3 , Part A, II .C . for revised APEN requirements.
Permit Number: AIRS ID Number: / /
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 1 - Administrative Information
Company Name1 :
Mine / Pit Name :
Mine/ Pit Location : Mine / Pit Location
County:
NAICS or SIC Code:
Mailing Address:
(Include Zip Code)
Contact Person :
Phone Number:
E-Mail Address2:
Use the full , legal company name registered with the Colorado Secretary of State . This is the company name that will appear
on all documents issued by the APCD . Any changes will require additional paperwork.
2 Permits, exemption letters, and any processing invoices will be issued by the APCD via e- mail to the address provided .
ea COLORADO
Form APCD- 222 - Mining Operations APEN - Revision 07/2020 1 I 115~ H 6Enro n►
Permit Number: AIRS ID Number
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 2 - Requested Action
NEW permit OR newly- reported emission source
- -
MODIFICATION to existing permit (check each box below that applies)
■ Change fuel or equipment Change company name3 ■ Add point to existing permit
■ Change permit limit Transfer of ownership4 Other (describe below)
- OR -
AP EN submittal for update only (Note blank APENs will not be accepted)
- ADDITIONAL PERMIT ACTIONS -
AP EN submittal for permit exempt/gra ndfathere d source
Additional Info Et Notes:
3 For company name change, a completed Company Name Change Certification Form ( Form APCD- 1O6 ) must be submitted .
4 For transfer of ownership, a completed Transfer of Ownership Certification Form (Form APCD - 104) must be submitted .
Section 3 - General Information
General description of the activity (additionally, provide a topographic site map) :
For existing sources, operation began on :
For new or reconstructed sources, the projected start- up date is:
Normal Hours of Source Operation: hours/day days/week weeks/year
Seasonal use percentage : Dec- Feb : Mar-May: Jun-Aug: Sep-Nov:
Commodity Produced : (check each box below that applies - as indicated on the applicable Division of Minerals and Geology Permit)
■ Aggregate / Sand and Gravel
■ Stone
Coal
Minerals or Metals (type):
Other (describe):
COLORADO
Form APCD- 222 - Mining Operations erations APEN - Revision 07/2020 2 I ilig~ H 6Enro n►
Permit Number: AIRS ID Number: 1 �'
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 4 - Processing/Manufacturing Information Et Material Use
■ Check this box if APEN is for Haul Roads only (not located at a mining site ) and complete the applicable
sections, Section 4H - Raw Material Transport and /or Section 41 - Finished Product Transport on pages 6 and 7.
Otherwise complete all of Section 4.
From what year is the actual annual amount?
Actual Annual Production (tons)
Requested Annual Productions (tons)
5 Requested values will become permit limitations or will be evaluated for exempt status, as applicable , and should consider
future process growth . Requested values are required on all APENs, including APEN updates.
Section 4A - Topsoil
Removal Stockpile(s)
Topsoil removed daily (tons) Maximum stored on site (tons)
Topsoil removed annual (tons) Proposed controls for topsoil stockpile
Proposed controls for topsoil removal ❑ Watering
Ti Moist Material ❑ Chemical Stabilizer
❑ Water Spray ❑ Compacting of Piles
Other (specify): Enclosures (choose one option from below)
❑ Complete ❑ Partial
❑ Revegetation (must occur within one year of site disturbance)
❑ Other (specify):
Section 4B - Overburden
Removal Stockpile(s)
Equipment used for removal Maximum stored on site (tons)
Tons removed by dragline (daily) Proposed controls for overburden stockpile
Tons removed by dragline (annual) ❑ Watering
Dragline drop height (feet) ❑ Chemical stabilizer
Hours scraper operated (daily) ❑ Compacting of piles
Hours scraper operated (annual) ❑ Enclosures (choose one option from below)
Proposed controls for overburden removal ❑ Complete ❑ Partial
❑ Moist material ❑ Revegetation (must occur within one year of site disturbance)
❑ Water Spray ❑ Other (specify):
❑ Other (specify):
COLORADO
Form APCD- 222 - Mining Operations APEN - Revision 07/ 2020 3 I lei' H 6=o n►
Permit Number: AIRS ID Number: 1 �'
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 4C - Drilling and Blasting
Drilling Blasting
Number of holes drilled (dai(y} Blast area (acres)
Number of holes drilled (annual) Number of blasts (daily)
Proposed controls for drilling Number of blasts (annual)
❑ Water injection Type of blasting material
❑ Bag collectors Blasting material used (daily)
❑ Other (specify): Blasting material used (annual)
Section 4D - Raw Material
Removal Stockpile(s)
Material removed daily (tons) Maximum stored on site (tons)
Material removed annual (tons) Proposed control for raw material stockpile
Maximum drop height (feet) ❑ Watering
Specific moisture content (%) ❑ Chemical stabilizer
Proposed controls for raw material removal ❑ Compacting of piles
❑ Moist material ❑ Enclosures (choose one option from below)
❑ Water spray ❑ Complete ❑ Partial
❑ Other (specify): ❑ Other (specify):
Section 4E - Conveyors and Transfer Points (not assigned to process equipment)
Include a map detailing the conveyor system layout within the site.
Conveying Transfer Points
Number of transfer
Material conveyed daily (tons)
points
Material conveyed annual (tons) Proposed controls for transfer points
Proposed controls for conveyors ❑ Watering
❑ Enclosures (choose one option from below) ❑ Chemical stabilizer
❑ Complete ❑ Partial ❑ Enclosures (choose one option from below)
❑ Other (specify): ❑ Complete ❑ Partial
❑ Other (specify):
COLORADO
Form APCD- 222 - Mining Operations APEN - Revision 07/ 2020 4 I H=iro n►
Permit Number: AIRS ID Number: 1 /
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 4F - Processing Equipment
Will processing (e. g. crushing, screening, etc.) occur on site? (yes/no)
If you answered "No" above (i. e. no processing /manufacturing equipment will be located on site) check the box below
and skip to page 6, Section 4G - Finished Product.
Check this box if no process equipment is located on site .
List any additional emission sources and related controls (e. g. concrete batch plants, crushers/screens, engines,
conveyors and transfer points associated with process equipment, asphalt plants, etc.) . Additional APENs for any such
equipment may be required . The following specialty APENs are available: Form APCD-224 Concrete Batch Plant
APEN , Form APCD-221 Crusher/ Screen APEN , Form APCD-233 Compression Ignition Engine APEN. If a specialty APEN
is not appropriate for the additional equipment, use Form APCD-200 General APEN .
Additionally , complete the section below regarding crushing and screening performed on site .
Emission Source Control Equipment Description Permit Number
(or equipment type) (if available)
Primary Crushing Screening/Classifying
Maximum crushed per year (tons) Maximum screened per year (tons)
Design process rate (tons/hour) Design process rate (tons/hour)
Duration of daily crushing (hours) Duration of daily screening (hours)
Secondary Crushing Secondary Screening/Classifying
Maximum crushed per year (tons) Maximum screened per year (tons)
Design process rate (tons/hour) Design process rate (tons/hour)
Proposed control for crushing Proposed control for screening
❑ Moist material ❑ Moist material.
❑ Water spray ❑ Water spray
❑ Enclosures (choose one option from below) ❑ Enclosures (choose one option from below)
❑ Complete ❑ Partial ❑ Complete In Partial
❑ Other (specify): ❑ Other (specify):
Note : Completion of this section does not relieve the applicant from the requirement to submit APEN forms for
process equipment subject to APEN or permitting requirements.
•:w COLORADO
Form APCD- 222 - Mining Operations -APEN Revision 07/ 2020 I 1}epartmentafPublic
corns HcaltEt 6 ERvirortmenf
Permit Number: AIRS ID Number: e�
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 4G - Finished Product
Stockpile(s)
Maximum stored on site (tons)
Proposed control for finished product stockpile
❑ Watering
❑ Chemical stabilizer
❑ Compacting of piles
❑ Enclosures (choose one option from below)
❑ Complete ❑ Partial
❑ Revegetation (must occur within one year of site disturbance)
❑ Other (specify):
Section 4H - Raw Material Transport (raw material removal to stockpiles)
Annual on -site transfer: tons
Haul Vehicle 1 Haul Vehicle 2 Haul Vehicle 3
Haul vehicle capacity: tons
Haul vehicle empty weight:
tons
Max number of trips per day:
Haul road length (an. one way) :
feet
Posted speed limit on haul road : mph
List all air pollution controls used for the haul roads:
❑ Paved Surface
Street sweeping: ❑ No ❑ Yes
❑ Unpaved Surface
Watering: ■ None ❑ As needed Frequent6: times/day
Surface is graveled : ❑ No ❑ Yes
Chemical stabilizer applied : ❑ No ❑ Yes Type:
(e.g. mag chloride, resin, etc. )
6 If "Frequent" is selected , your permit may include a requirement to water haul roads daily as often as listed in this APEN .
irk a COLORADO
Form APCD- 222 - Mining Operations APEN - Revision 07/2020 6 I ' H 6Enro n►
Permit Number: Ams ID Number: e�
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 41 - Finished Product Transport
Annual off-site transfer: tons
Haul Vehicle 1 Haul Vehicle 2 Haul Vehicle 3
Haul vehicle capacity: tons
Haul vehicle empty weight:
tons
Max number of trips per day:
Haul road length (an . one way) :
feet
Posted speed limit on haul road: mph
List all air pollution controls used for the haul roads:
❑ Paved Surface
Street sweeping: ❑ No ❑ Yes
❑ Unpaved Surface
Watering: ❑ None ❑ As needed ❑ Frequent6: times/day
Surface is graveled : ❑ No ❑ Yes
Chemical stabilizer applied : ❑ No ❑ Yes Type:
(e.g. mag chloride, resin, etc.)
6 If "Frequent" is selected , your permit may include a requirement to water haul roads daily as often as listed in this APEN .
Section 5 - Geographical/Site Information
Geographical Coordinates
(Latitude/Longitude or UTM)
Attach a topographic site map indicating location .
Total site area (acres):
Total disturbed site area (acres):
Proposed site controls
❑ Watering (choose one option from below)
Frequent (2 or more times per day)
As needed
• Chemical stabilizer
❑ Revegetation (must occur within one year of site disturbance)
❑ Seeding with mulch
❑ Seeding without mulch
• Other (specify):
COLORADO
Form APCD- 222 - Mining Operations APEN - Revision 07/2020 7 I ' H 6Envro ►
Permit Number: AIRS ID Number: /
[Leave blank unless APCD has already assigned a permit # and AIRS ID]
Section 6 - Applicant Certification
I hereby certify that all information contained herein and information submitted with this application is complete ,
true , and correct.
Signature of Legally Authorized Person (not a vendor or consultant) Date
Name ( print) Title
Check the appropriate box to request a copy of the:
■ Draft permit prior to issuance
■ Draft permit prior to public notice
(Checking any of these boxes may result in an increased fee and /or processing time )
This emission notice is valid for five (5 ) years. Submission of a revised APEN is required 30 days prior to expiration
of the five-year term , or when a reportable change is made (significant emissions increase , increase production ,
new equipment, change in fuel type , etc . ) . See Regulation No. 3 , Part A, II .C . for revised APEN requirements.
Send this form along with $216. 00 to : For more information or assistance call:
Colorado Department of Public Health and Environment Small Business Assistance Program
Air Pollution Control Division (303 ) 692-3175
APCD-SS- B1 OR
4300 Cherry Creek Drive South (303 ) 692-3148
Denver, Co 80246- 1530
APCD Main Phone Number
Make check payable to: (303 ) 692-3150
Colorado Department of Public Health and Environment
es COLORADO
Form APCD- 222 - Mining Operations APEN - Revision 07/2020 8 I ' H 6=outt
Submit by Email
vi, dar Weld County
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September 23 , 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: JOEL & MARCY KONIG CIO
JOHN MCFARLAN D , SUPERIOR OILFIELD SERVICES Case Number USR20-0025
Please Reply By: October 21 , 2020 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand ,
gravel and stone) outside of subdivisions and historic townsites in the A (Agricultural ) Zone
District - North Star Pit
Location : North of and adjacent to CR 138 and approximately 1 mile west of CR 71
Parcel Number: 004322000007-R0039586 Legal : 8185 W2/SE4 SECTION 22 T12N R63W (6R
2LONG) of the 6th P.M . , Weld County, Colorado .
Parcel Number: 004322000008-R8941615 Legal : M2012004 NORTH STAR PIT 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.
u We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because: --
I j We have reviewed the request and find no conflicts with our interests.
m See attached letter.
Signature -c. fiztand Date 9/29/2020
Agency Colorado Divisidi of Water Resources
Weld County Planning Dept. 1555 N 17th Ave, Greeley, Co. 80631 (970) 400-6100 (970 ) 304-6498 fax
COLORADO
` Division of Water Resources
DNR
TM Department of Natural Resources
September 29 , 2020
Diana Aungst
Weld County Department of Planning Services
Transmission via email : daungstweldgov . com
Re : Use By Special Review for the North Star Pit
Case No . USR20-0025
W " and SE , Section 22 , T12N , R63W, 6t 1 P . M .
Water Division 1 , Water District 1
Dear Ms . Aungst,
We have reviewed the above referenced proposal for a use by special review for a sand and
gravel operation . The submitted material does not appear to qualify as a " subdivision " as defined in
section 0- 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 wilt not address the
adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy
any county regulations or requirements.
The application seeks a Site Specific Development Plan and Use by Special Review to allow
open mining of sand and gravel . The application is in regards to a proposed aggregate mining
operation known as the North Star fait, which will be operated under Colorado Division of
Reclamation , Mining and Safety ( DRMS) permit no . M- 2012 -004 . The reclaimed land uses upon
completion of the mining operation are proposed to be returned to the previous use of dry land
farming . Comments regarding the reclamation permit were provided to the DRMS in a memo dated
May 8 , 2019.
The proposed mining operations are not anticipated to impact groundwater. The only
proposed use of water at the site is for dust control purposes . Water for dust control purposes will
be obtained from an industrial well leased by the operator approximately 2 miles north in Wyoming .
The Drainage Narrative states that stormwater wilt flow into and be contained in the gravel pit. If
stormwater runoff intercepted by this operation is not diverted or captured in priority, it must
infiltrate into the ground or be released to the stream system within 72 hours; otherwise the
operator will need to make replacements for evaporation .
The operation is anticipated to have between 2 and 10 employees at the site, with additional
visits by material haul truck drivers and other site users. Bottled drinking water will be provided for
employees and visitors , and portable toilets will be located on site .
Should you or the applicant have any questions regarding thismatter, please contact Javier
Vargas- Johnson at this office via email at javier.var asjohnson state . co . us .
gisL•
i
13u : herman Street, Roam 821 , Denver, CO 80203 p 30316S- 3581 heaps! / Jdwr. Iorado_ +' ►'��':f, , � = ``ti
Jared S. Polls, Gover na I Dan Gib, Executive Director I min G. Rein, State Engineer f Direc t r
h r
t #876_
North Star Pit USR September 29 , 2020
Case No . USR20-4025 Page 2 of 2
Sincerely,
("040Zfd
Sarah Brucker , P . E .
Water Resources Engineer
Cc : Applicant (Superior Oilfield Services Co . , fflmc1arland31@gmail . com )
Referral file no . 27315
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