HomeMy WebLinkAbout20202490.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Zackery Roberson, Public Works
DATE: July 6, 2020
OU NT
SUBJECT: USR20-0013 STINAR TOM &JERRILYN
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) mobile mining equipment parking and storage and employee and vendor parking
in the A(Agricultural)Zone District
This project is north of and adjacent to CR 26 and is west of CR 13.
Parcel number 120736000052, 120736000051 and 131301000016.
Access is from CR 26.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and
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 26 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 11.25 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.
This portion of County Road 24.75 is under the jurisdiction of the Town of Firestone. The municipality has
jurisdiction over access to the road. Please contact the municipality to verify the right-of-way requirements,
access permit or for any additional requirements that may be needed to obtain or upgrade the permit.
This property is located within the 1-25 Parallel Arterial Corridor Study area. Refer to the study for more
information. The study can be accessed on:
www.weldgov.com/departments/public works/transportation planning/.
The applicant is proposing two conveyor belts though Weld County ROW. One though County Road
26 and another though County Road 11.25. Weld County will require further details of the proposed
conveyor belts before a determination can be made whether Weld County will support the proposed
conveyor belts through Weld County ROW. Please reach out to Public Works for setting up a
meeting time for the proposed conveyor belts.
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/d epartments/publicworks/perm its/.
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 26 counted 343 vpd with 16%trucks. The 85' percentile speed is 41 mph.
The traffic information submitted with the application materials indicated that there will be approximately
120 daily roundtrips. 20% of the traffic will be going to the south and 80% of the traffic will be going to the
west.
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.
The proposed tracking control of 70-foot-long geotextile erosion control (class B)will not be adequate.
This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt.At all proposed entrances.
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.
Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/PubliO/020Works/DevelopmentR
eview/USR-SPR-Permite/020Improvements°/020Agreement°/020Template.pdf.
DRAINAGE REQUIREMENTS
This area IS within an Urbanizing Drainage Area: 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, 5-year storm falling on the undeveloped site for URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site meets drainage exception 6. Gravel
pits if the stormwater drains into the gravel pit. Releases from the site shall comply with the Weld County
Storm Drainage Criteria, including dewatering.Topographical information shall be provided. Located in Sec.
8-11-40. Drainage Policy.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. 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.
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. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works)
C. The plan shall be amended to delineate the following:
1. County Road 26 is a paved/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 11.25 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. 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(s)
prior to construction. (Department of Public Works)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
5. 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)
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. 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 gravel mining area, a Weld
County grading permit will be required. (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
7. 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)
1Kfi1 rir
I WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
r 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: July 6, 2020
Re: USR20-0013 Stinar and Vogl, c/o Bestway Concrete
Environmental Health Services has reviewed this proposal for a Site-Specific
Development Plan and Special Review Permit for Open Mining (sand, gravel and stone)
mobile mining equipment parking and storage and employee and vendor parking 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. Portable toilets are required
to be screened.
Noise is restricted to the level allowed in the industrial zone district. The application
contains a noise modeling report completed by Behrens and Associates, Inc. The
report contains two scenarios which each indicate the industrial limit can be met 25 feet
from the USR boundary. The highest decibel limit was 61 .8 for scenario 2 which
corresponds with the light industrial limit. The previous USR located on parcel
120736000052 and permitted as USR 642, did not specify a noise standard.
There is no fuel storage, water will be utilized for dust control and there will be a
dumpster on site for waste.
Air emission permitting through the State is required and the application indicates the
existing permit for the Shores site will be modified to include this proposal.
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.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
cIc 9/U 304 6410 Icic:9:0 304 6420 Tele:970-304-6415 Tele:970-.304-6470 Tele:970-304-6470
Fax: 9/U-30T-64I'2 Fax: 9/0-304-64 I6 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health
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 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. 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.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.
11 . If applicable, the operation shall obtain a stormwater or other discharge permits
from the Colorado Department of Public Health & Environment, Water Quality
Control Division.
12.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.
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.
181 MEMORANDUM
TO: Kim Ogle DATE: June 16, 2020
TY FROM: Diana Aungst
�z -u j r Y SUBJECT: USR20-0013, Stinar
PROJECT:
A Site Specific Development Plan and Use by Special Review Permit for open mining (sand, gravel and
stone) mobile mining equipment parking and storage and employee and vendor parking in the A
(Agricultural)Zone District
PARCELS: 120736000052, 120736000051, and 131301000016
PRIOR TO CONSTRUCTION:
1. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map#08123C-1890E effective date January 20, 2016 (Saint Vrain River Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities,the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
KERR - MCGEE GATHERING LLC 1099 18T" STREET, SUITE 1800 • DENVER ; COLORADO 80202
Kerr/Lott-Gee
July 6 , 2020
VIA E-MAIL
Weld County Department of Planning Services
Kim Ogle — Planner
1555 N 17th Avenue
Greeley , Colorado 80631
kogle@we1dgov. com
NOTICE OF RIGHT-OF-WAY GRANT OWNED BY KERB-McGEE GATHERING
LLC
Re : Case Number : USR20 -0013
Applicant: Jerrilyn Stinar and Richard and Margaret Vogl, clo Bestway Concrete
Aggregate
Township 3 North, Range 68 West, 6th P . M .
Section 36 : Part of the E/2 of the SW/4 and part of the SW/4 of the SW/4
Township 2 North, Range 68 West, 6th P . M .
Section 1 : Part of the NW/4 of the NW/4
Mr. Ogle :
This letter is being sent by Kerr-McGee Gathering LLC ("KMGG") to inform you
KMGG is the owner of valid easements and pipelines located in the E/2 of the SW/4 and the
SW/4 of the SW/4 of Section 36 , Township 3 North, Range 66 West and the NW/4 of the
NW/4 of Section 1 , Township 2 North, Range 68 West for which the Weld County Department
of Planning Services ( "County") is reviewing Case Number USR20- 0013 . KMGG is
submitting this comment timely , in accordance with the Town ' s procedural requirements .
The following are comments in support of this Notice :
1 . KMGG is the owner of a valid Right-of-Way Grant that was made effective on
March 22 , 2014 and recorded on February 22 , 2016 with the Weld County Clerk and Recorder
at reception number 4182501 .
2 . KMGG is the owner of a valid Right-of-Way Grant that was made effective on
October 27 , 2014 and recorded on May 19 , 2016 with the Weld County Clerk and Recorder at
reception number 4204764 .
KMGG does not object to Case Number: USR20- 0013 provided the applicant conforms
to the terms of the Right-of-Way Grants identified above .
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
Please contact me at 720- 929 -3714 if you have any questions or comments about this
matter.
Sincerely,
KERR-McGEE GATHERING LLC
Grant Gerrard
Senior Landman
cc : Murph Shelby , Lead Counsel
Brett Cavanagh
Jake Billadeau
Heather Bennett
Kelly Reyos
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
Submit by Email
Weld..„ _ , ,
County R
Imes
n i L. . ' 1 }J
L,,.. Pfr in i1 *E s r
T
June 8 , 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerrilyn Stinar and Richard and Margaret Case Number: USR20-0013
Vogl , do Bestway Concrete & Aggregate
Please Reply By: July 6 , 2020 Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review Permit for open mining (sand ,
gravel and stone )
mobile mining equipment parking and storage and employee and vendor parking in the A (Agricultural )
Zone District
Location : West of and adjacent to County Road 11 . 25; North of and adjacent to County Road 26
Parcel Number: 120736000052-R4786586 Legal : VARRA ##5 PIT E2SW4 SECTION 36, T3N , R68W
OF THE 6TH P. M . , WELD COUNTY, COLORADO .
Parcel Number: 131301000016-R5575086 Legal : NW4NW4 SECTION 1 , T2N , R68W OF THE 6TH
P. M . , WELD COUNTY, COLORADO .
Parcel Number: 120736000051 -R4786386 Legal: SW4SW4 SECTION 36 , T3N , R68W 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.
II We have reviewed the request and find that it does l does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
a See attached letter. risCSignature - -- - Date (, c `2_ c ;,�
Agency ffl cc) C 0 t .,A .
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 8 631 (970) 400-6100 (970) 304-6498 fax
MOUNTAIN VIEW FIRE RESCUE -
//-\11<dP\A -7:1 3561 N . Stagecoach Road • Longmont , CO .80 04
MOUNTAIN VIAW \ ( 303 ) 772 -0710 FAX ( 303 ) 651 - 7702
•
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Ci)1 0100
February 10, 2011
Mr. Kim Ogle
Weld County Planning Department
1555 North 17t'' Avenue
Greeley, CO 80631
Dear Mr. Ogle :
I have reviewed the submitted material pertaining to the Special Review Permit for open mining west of
and adjacent to Weld County Road 11 .25 and north of Weld County Road 26 (Case Number : USR20-
0013 ) . The Fire District has no objections to the project if the requirements of the District can be met .
All operations shall be in accordance with the International Fire Code as ratified by the Weld County
Commissioners . Any buildings, even if portable shall be approved by the Fire District. Although the
application stated there would not be fuel operations, fuel tanks of any type, even if temporary, must be
approved by the Fire District.
We appreciate being involved in the planning process . Should you have any questions, please contact
me at 303 -772 -0710 x 1121 .
Sincerely,
(Thl cmc)
C \ ---
LuAnn Penfold
Fire Prevention Specialist
1p06. 15 .20
www.rnofpd .org
Submit by Email
gik Ar Weld County RefReferral i_zar - , Ii:
. 1, 10,1
. .. I; , 1., 301,
7: mr M: oriedi 8441 IP I ' 8
CjjN '
June 8 , 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: Jerrilyn Stinar and Richard and Margaret Case Number USR20-0013
Vogl , clo Bestway Concrete & Aggregate
Please Reply By : July 6 , 2020 Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review Permit for open mining (sand ,
gravel and stone)
mobile mining equipment parking and storage and employee and vendor parking in the A (Agricultural )
Zone District
Location : West of and adjacent to County Road 11 .25 ; North of and adjacent to County Road 26
Parcel Number: 120736000052- R4786586 Legal : VARRA #5 PIT E2SW4 SECTION 36 , T3N , R68W
OF THE 6TH P.M . , WELD COUNTY, COLORADO.
Parcel Number: 131301000016- R5575086 Legal : NW4NW4 SECTION 1 , T2N , R68W OF THE 6TH
P.M . , WELD COUNTY, COLORADO .
Parcel Number: 120736000051 - R4786386 Legal : SW4SW4 SECTION 36 , T3N , R68W 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 fu l l 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.
T We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because: --
F We have reviewed the request and find no conflicts with our interests.
I See attached letter.
Wenli Dickinson 06/11 /2020
Signature Date
Agency
DWR
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
CTw , COLORADO
Division of Water Resources
DNR
Department of Natural Resources
June 11 , 2020
Kim Ogle, Planner Ill
Weld County Department of Planning Services
Transmission via email : kogle@weldgov.com
Re : Site Specific Development Plan and Use by Special Review Permit for Open Mining
Case No . U S R2O-OO13
Part of the SW % Sec . 36, T3N, R68W and the NW % N % Sec. 1 , T2N , R68W, 6th P.M.
Water Division 1 , Water District 5
Dear Kim Ogle,
We have received your June 8 , 2020 submittal concerning the above referenced proposal for a site
specific development plan and use by special review permit for open mining ( sand , gravel , and
stone ) , mobile mining equipment parking and storage, and employee and vendor parking at the
Shores Mine. This proposal is for three parcels located in the SW '/4 of Sec . 36, T3N , R68W and the
NW 1�4 NW of Sec. 1 , T2N , R68W, 6th P . M.
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 .
Estimated water demand was not provided . No water supply source was specified for the mining
operation . Bottled water and portable toilets will be supplied to employees . This office has no
objection to this so long as water hauled to the site is obtained from a legal source.
The Shores Mine is a gravel mine permitted by the Division Reclamation Mining and Safety ( " DRMS " )
under permit no . M1998-013 . The operation of this mine results in depletions to the South Platte
River due to evaporation from a silt pond and open surface water, concrete batching , dust
suppression , and dewatering tagged depletions. Replacements of depletions are currently covered
under a Substitute Water Supply Plan ( "SWSP" ) valid through December 31 , 2020. Under the plan ,
depletions are replaced by water stored at the site under free river conditions and 1 . 3 shares of
Rural Ditch Company water . All lagged depletions must continue to be replaced under an SWSP
until there is no longer an effect on stream flow.
If reclamation of the mine site will produce a permanent water surface exposing groundwater to
evaporation , an application for a plan for augmentation must be filed with the Division 1 Water
Court at least three years prior to the completion of mining to include, but not be limited to , long -
term evaporation losses and lagged depletions . If a lined pond results after reclamation ,
replacement of lagged depletions shall continue until there is no longer an effect on stream flow.
1313 Sherman Street , Room 821 , Denver, CO 80203 P 303.866 . 3581 www.colorado.govlwater- Ila -Pr
/ '= i
Jared S. PoUis, Governor Dan Gibbs , Executive Director I Kevin G . Rein , State Engineer/Director * kaff *
ue *
* I8 Alt
7G
USR2O-o013 Page 2 of 2
June 11 , 2020
This office has no objection to the proposal provided the gravel mining operation complies with the
SWSP or a court- approved augmentation plan . If you or the applicant have any questions, please
contact Wenti Dickinson at 303 - 866-3581 x8206 or wenti . dickinson®state.co. us .
Sincerely,
ritfrAfr,
Jo-anna Williams , P. E .
Water Resources Engineer
Ec: Referral no . 27171
.c.., ...
00R:00R:too. COLORADO
all - ' Parks and Wildlife
411C 4:1• IY
Department of Natural Resources
Area 2 - Lon Hagler
4207 W CR16E
Loveland , CO 80537
P 970.472 .4460 I F 970.472 . 4468
March 1O , 2020
Mr . Eric Scott
Colorado Division of Reclamation , Mining and Safety
Colorado Department of Natural Resources
1313 Sherman St . Room 215
Denver , CO 8O2O3
EriceScott@statesco . us
Re : The Shores - File No . M- 1998 - 013 , Bestway Concrete Company Amendment
Application (AM- 3 ) .
Dear Mr . Scott :
Thank you for the opportunity to comment on the amended application for The Shores
gravel mining operation . The mission of Colorado Parks and Wildlife (CPW) is to
perpetuate the wildlife resources of the state , to provide a quality park system , and
to provide enjoyable and sustainable outdoor recreation opportunities that educate
and inspire current and future generations to serve as active stewards of Colorado ' s
natural resources . Our goal in responding to land use proposals such as this is to
provide complete , consistent , and timely information to all entities who request
comment on matters within our statutory authority .
The amended application for The Shores gravel mining operation adds approximately
14O acres to the existing permitted mining area . The proposed site is located north
and west of County Road 11 IA and County Road 26 , more specifically in the southwest
quarter of Section 36 , Township 3 North , Range 68 West and in the northwest quarter
of Section 1 , Township 2 North , Range 68 West in the 6th P . M , Weld County, State of
Colorado . Colorado Parks and Wildlife has performed an assessment of the site for
impacts to wildlife and wildlife habitat . The proposed permitting area consists of
croplands , irrigation ditches , sloughs , wetlands , and a riparian cottonwood corridor
that lies adjacent to the St . Vrai n River .
Wetlands , sloughs , and cottonwood forest riparian corridors are considered high value
habitats for many species of wildlife . The development plan suggests that the mining
operation may have an impact on some of these habitats . CPW recommends that
mining operations be setback 15O feet from the edges of these wetlands and sloughs
as this will help reduce impacts to wetland dependent wildlife and their habitats . If
any wetlands are to be mined or impacted , CPW suggests contacting the U . S . Army
ao-f----
Dan Prenzlow, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission. Michelle Zimmerman, Chair • Marvin McDaniel, Vice-Chair I - , o
James Vigil, Secretary . Taishya Adams 8 Betsy Blecha • Robert W. Bray • Charles Garda • Marie Haskett • Carrie Besnette Hauser • Luke B. Schafer • Eden Vardy ‘* F 4 *}
Corp of Engineers for permitting as these wetlands may be jurisdictional waters of the
US . If wetland mitigation is to occur due to loss of wetlands on this site , CPW
recommends that mitigation take place locally along the St . Vrai n River corridor .
Cottonwood trees are important features along the St. Vrai n River for wildlife . If any
cottonwood trees are to be removed , CPW recommends that they be replaced on a 3
to 1 basis to help rebuild and enhance the cottonwood forest riparian corridor . These
riparian corridors are not only of high value habitat for cover and nesting wildlife , but
they also serve as movement corridors for these animals across the landscape . By
keeping these riparian corridors intact , not only does it provide habitat for wildlife
but it also helps mitigate conflicts between wildlife and people . Fragmented
landscapes often push wildlife into urban areas where they come in conflict with
people . Riparian corridors provide habitat and movement corridors that help mitigate
conflicts with people .
The presence of a cottonwoods and other mature trees on the property provides
nesting habitat for various species of raptors and other birds . Raptors which include
hawks , owls , and eagles are protected under the Federal Migratory Bird Treaty Act
and the Bald and Golden Eagle Protection Act . Colorado Parks and Wildlife has
developed a set of recommended setbacks away from these nests to prevent
disturbance during the nesting season . Those recommended buffer zones can be found
at :
https : / / cpw . state . co . us ! Documents / Wild lifeSpecies / LivingWithWildlife / RaptorBuffer
G uidelines2008 . pdf##search= raptor%20 ui deli nes
The application states that Savage and Savage environmental firm conducted a survey
for nests in August of 2019 and found no nests at that time . If earthwork or other
construction activities begin between January 1 and July 31st , the property should be
surveyed again for any potential new nests that may appear . If a nest is found , please
contact the CPW District Wildlife Manager for recommendations on mitigating impacts
to the nesting bird .
Thank you again for the opportunity to comment on this gravel mine operation . Please
do not hesitate contacting CPW for recommendations on ways to enhance this project
site after the mining has been completed to maximize benefits to wildlife in the area .
If you have any questions or concerns , please feel free to contact District Wildlife
Manager Chris Mettenbrink at (303 ) 906 - 1979 or ChrissMettenbrink@state . co . us .
Sincerely ,
.--„,., ,j .1---Ths„. .,. .
Area Wildlife Manager
Cc : M . Leslie , K . Cannon , C . Mettenbrink, file .
From : Mettenbrink - DNR, Chris cchris.mettenbrink@state.co. us>
Sent : Sunday, June 28, 2020 2 : 39 PM
To: Kim Ogle <kogle@weldgov.com
Subject : DSR20-0013
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 .
Mr . Ogle ,
Colorado Parks and Wildlife provided comments regarding this gravel mine project to the
Colorado Division of Reclamation , Mining and Safety earlier this year . I 've attached a copy of
that letter for your review. Those comments would be the same for the Weld County process
as well . If you have any questions or need anything further, please let me know.
Thank you .
Chris Mettenbrink
Chris Mettenbrink
District Wildlife Manager- Wildlife Officer
Area 2 - Fort Lupton
OR.„
LIVE LIFE
i�W TI� u � DE
- . vas,
P 970 . 472 . 4405 I C 303 . 906 . 1979
4207 W . CR 16E, Loveland , CO 80537
Chris . Mettenbrink@state. co• us I www . cpw6 state 6 COD US
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