HomeMy WebLinkAbout20200038.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Mike McRoberts, P.E., Public Works
DATE: November 20, 2019
O U_N SUBJECT: USR19-0063 Lazy 2 Ranch LLC
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 for open mining (sand,
gravel and stone) and processing of minerals, including a portable concrete and asphalt batch plant, mine
office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment
parking and storage and employee parking in the A(Agricultural)Zone District.
This project is north of and adjacent to CR 118 and is east of and adjacent to CR 21.
Parcel number 030311300002 and 030311000003.
Access is from CR 21.
ACCESS
Weld County Public Works has reviewed the application materials related to access and determined that
the applicant is proposing one (1) new access on County Road 21 located approximately 5,120 feet north
of County Road 118. Public Works is not opposed to the addition of this new access.
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 21 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 118 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 120 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/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
No traffic counts are available in the area.
The traffic information submitted with the application materials indicated that there will be approximately 43
daily roundtrips during years 1 through 10. During years 11 through 20, with asphalt and concrete added,
a total of 127 daily roundtrips is expected. 80%of the traffic will be going to the north and 20%of the traffic
will be going to the east.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. 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.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works is requiring an Improvements and Road Maintenance Agreement for dust control, damage
repairs to specified haul routes, and triggered off-site improvements.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldqov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/USR-SPR-Permite/0201mprovemente/020Agreement°/020Template.pdf. It will detail the approved
haul route(s), outline when off-site improvements will be triggered, and include a maintenance agreement
for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within a Non-Urbanizing Drainage Area: Non-Urbanizing Drainage Areas typically require
detention of runoff from the 1-hour, 100-year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1-hour, 10-year storm falling on the undeveloped site for NON-
URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the project meets an exception to stormwater
detention per Weld County Code, Section [8-11-40.1.6],which reads, "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."
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
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.
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.
Road maintenance includes, but is not limited to, dust control and damage repair to specified haul
routes. (Department of Public Works)
B. The plan shall be amended to delineate the following:
1. County Road 21 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 118 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
3. County Road 120 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld
County. Any unmaintained road needs to be located/identified in relationship to the right-of-way.
Show and label the section line Right-of-Way as "CR 120 Section Line Right-of-way, Not County
Maintained." (Department of Public Works)
4. Show and label the approved access location, 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 construction. (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 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 Improvements
Agreement. (Department of Public Works)
6. The Improvements 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)
At/ WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: November 15, 2019
Re: USR19-0063 Lazy Two Ranch, LLC and Duane and Lynn Ross
Environmental Health Services has reviewed this proposal for a Site-Specific
Development Plan and Special Review Permit for Open Mining (sand, gravel and stone)
and processing of minerals, including a portable concrete and asphalt batch plant, mine
office/scale house and scale, a fueling/lubricating station, portable generators, mobile
mining equipment parking and storage and employee parking in the A (Agricultural)
Zoned District.
As mining is considered a temporary use, 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
contains a noise report which indicates noise levels should be below the light industrial
limit 25 feet from the property line.
A waste handling plan was submitted which states hazardous materials will be stored in
accordance with best handling practices and disposed of properly.
Dust abatement will consist of utilizing a water truck and ceasing operations during high
wind events. Air emission permitting through the State is required.
There will be limited fuel storage on site which will require permitting through the State
along with secondary containment and an SPCC plan depending on how many gallons
are stored.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
Icic:9/U 304 6410 laic:9/0 304 6420 Tele:D70-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/0-304-6412 Fax: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6462 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. 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. 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. 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.
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 .The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
12.The operation shall comply with the Mine Safety and Health Act (MSHA).
13.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
14.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
October 21, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: Lazy Two Ranch, LLC and Duane and Lynn Case Number: USR19-0063
Ross, c/o Connell Resources, Inc.
Please Reply By: November 18, 2019 Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review for open mining (sand, gravel and
stone) and processing of minerals, including a portable concrete and asphalt batch plant, mine
office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment
parking and storage and employee parking in the A(Agricultural) Zone District
Location: North of and adjacent to CR 118; east of and adjacent to CR 21, south of and adjacent to CR
120 Section Line
Parcel Number: 030311300002-R1023202 Legal: E2SW4 SECTION 11, T1 ON, R67W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 030311000003-R1023302 Legal: NW4/W2SW4 SECTION 11, T10N, R67W 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:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
10/25/2019
Signature 1/ - &- Date
Agency Colorado Division of Water Resources
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
• 0CC0LORADC
Division of Water Resources
DNR
CTA4 Department of Natural Resources
October 25 , 2019
Kim Ogle
Weld County Department of Planning Services
Transmission via email : kogte@weidgov . com
Re : Connell Resources, Inc . — Lazy Two Pit
Case No . USR19- 0063
Pt . W iii , Section 11 , PION , R67W, 6th P . M .
Water Division 1 , Water District 1
Dear Mr . Ogle :
We have reviewed the above referenced proposal for a use by special review to allow sand and
gravel mining of the subject property . The submitted material does not appear to qualify as a
"subdivision " as defined in Section 30- 28- 101 ( 10) (a ) , C. R .S . Therefore , pursuant to the State
Engineer ' s March 4 , 2005 and March 11 , 2011 memorandums to county planning directors, this office
will only perform a cursory review of the referral information and provide comments . The comments
will not address the 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 Special Review Permit to allow for
open mining of aggregate in the A (Agriculture) zone district. The application concerns a proposed
aggregate mining operation known as the Lazy Two Pit, which will be operated under Colorado Division
of Reclamation Mining and Safety ( [ARMS } permit no. M-2019- 001 . The site is proposed to be reclaimed
to its current use of rangeland use upon completion of the mining operation . Comments regarding the
reclamation permit were provided to the DRMS in a memo dated January 28 , 2019 .
The proposed mining operation is anticipated to be mined to a depth of approximately 10 feet .
Groundwater is not anticipated to be encountered during mining . Water will be primarily be used at
the site for dust control purposes, and wilt be trucked from off- site . The source of water to be used
at the Lazy Two Pit site was identified as an existing welt with permit no . 25144- F-R. Permit no .
25144- F- R specifies the place of use of water from the well as Sections 17 and 21 , and does not include
Section 11 where the Lazy Two Pit is located . The applicant should submit a written request to this
office asking that the restriction on the place of use of groundwater from the well be eliminated
from permit no . 2514444 in order to resolve this potential conflict. The use of groundwater from
the welt with permit no . 25144 - F- R is limited to commercial purposes associated with aggregate
extraction . Should the applicant wish to use water from this well for any other purpose, a new permit
will first need to be obtained for the well.
The site is anticipated to have approximately 7 to 11 employees on 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 .
1313 Sherman Street Room 821 Denver CO 80203 P 303.866 . 3581 www. colorado. Qov/rater 'là's�
, ter O
Jared S . Polis, Governor Dan Gibbs , Executive Director I Kevin G . Rein , State Engineer/Director * ,t ;
Lazy Two Pit USR October 25, 2019
Case No . USR19- 0063 Page 2 of 2
If storm water runoff is intercepted by this operation and 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 wilt need to make replacements for evaporation . The applicant proposes to use pumps to
remove any storm water that may accumulate in the pit .
Should you or the applicant have any questions regarding this matter, please contact Javier
Vargas - Johnson at this office.
Sincerely,
('944cL(#?6"41#‘c
Sarah Brucker, P . E .
Water Resources Engineer
Cc : Applicant (Connell Resources, jwarren@connellresources . com )
Referral file no . 26752
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