HomeMy WebLinkAbout20203328.tiff MEMORANDUM
TO: Michael Hall, Planning Services
1861 fr
FROM: Melissa J King, PE, Public Works
DATE: August 20, 2020
I- O U_N r - SUBJECT: USR20-0020 Gutterson Ranch/Keenesburg Mine No.2
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
and Processing of Minerals (Sand Mining and Processing Plant) in the A(Agricultural) Zoned District
(Keenesburg No. 2 Mine). Proposed Sand Mine to be located in Sections 1 & 12 T2N R64W and Sections
5, 6, & 7 T2N R63W.
This project is west of CR 59 .
Parcel numbers: 130307000002, 130305000004, 130306000001, 130501000005, 130512000004.
Access is from CR 59.
ACCESS
Weld County Public Works has reviewed the application materials related to access.
Applicant has proposed access onto County Road 59 approximately 5,160 feet north of the intersection of
County Road 59 and County Road 20. An access permit shall be obtained for this location.
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
A section of County Road 59 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way.
The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along
with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-
way cannot be verified it shall be dedicated or reserved per Weld County Code. Pursuant to the definition
of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-
of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
The proposed parcels use an unmaintained section of County Road 59 right-of-way to access maintained
County Road 59 at approximately 5,160 feet north of the intersection of County Road 59 and County Road
20. The submitted plat shall show any unmaintained rights-of-way used to access the site from the
maintained County Road 59, from the lots to and including the maintained County Road access point. The
physical location of the road within the right-of-way shall be shown on the plat. Reception numbers shall be
referenced for right-of-way or easement documents. Please contact Public Works with questions.
Per, Sec. 8-13-30.B, a Weld County Right-of-Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights-of-way
or easement. Right-of-Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT (2018) on CR 59 counted 1,367 vpd with 58%trucks. The 85th percentile speed is 57 mph.
The traffic information submitted with the application materials indicated that there will be approximately
522 daily roundtrips (446 trucks and 76 passenger vehicles). 100 % of the traffic will utilize County Road
59 to County Road 18 to Market Street (Keenesburg)to Interstate 76. Market Street and Interstate 76 are
CDOT maintained roads.
The applicant has submitted a preliminary Traffic Impact Study. A Final Traffic Impact Study shall be
submitted.
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.
This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP-FRONT IMPROVEMENTS
Public Works is requesting an Improvements and Road Maintenance Agreement for dust control, damage
repairs to specified haul routes, triggered off-site improvements and up-front off-site improvements.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server6/File/Departments/Public%20Works/DevelopmentR
eview/USR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. It will detail the approved
haul route, outline the required up-front off-site improvements, designate when other off-site improvements
will be triggered, and include a maintenance agreement for the haul route.
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.
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.
Review of the Drain Narrative will determine if a Drainage Report that includes detention is required. A final
drainage management submittal is required.
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 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. An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. (Department of Public Works)
B. A final drainage management submittal is required. (Department of Public Works)
C. A Final Traffic Impact Study is required. (Department of Public Works)
D. The plan shall be amended to delineate the following:
1. The section of County Road 59, beginning at approximately 5,160 feet north of the intersection of
County Road 59 and County Road 20 and heading south to County Road 18, is a paved road and
is designated on the Weld County Functional Classification Map as an arterial road which requires
140 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. The section of County Road 59 Section Line, beginning at approximately 5,160 feet north of the
intersection of County Road 59 and County Road 20 and heading north, 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 59 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 location onto County Road 59. The applicant must obtain an
access permit in the approved location 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 accepted drainage features. If applicable, the stormwater ponds should be
labeled as "Stormwater Detention, No-Build or Storage Area" and shall include the calculated
volume. (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)
Prior to Operation:
A. Accepted construction drawings and construction of the off-site roadway improvements are required
prior to operation. (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)
Kfi9 rir
I WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
r 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Michael Hall
From: Lauren Light, Environmental Health Services
Date: September 14, 2020
Re: USR20-0020 Guttersen Ranches, LLC
Environmental Health Services has reviewed this proposal for a Site-Specific
Development Plan and Special Review Permit for Open Mining and Processing of
Minerals (Sand Mining and Processing Plant) 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. Portable toilets are required
to be screened from public view. The application indicates that on-site wastewater
treatment systems (OWTS) will be installed to service the Scale house, Breakroom,
Quality Control Lab and each office building.
Potable water service will be provided by two commercial/industrial wells (83340-F and
79782-F). The Division of Water Resources stated: "Water from the wells will be
conveyed to the plant with buried pipe and be pumped using above ground pumps. The
applicant shall ensure that the wells are operated pursuant to the conditions of well
permit and the decree in case no. 2015CW3040."
Noise is restricted to the level allowed in the industrial zone district. The application
contains a noise report completed by Behrens and Associates, Inc. which states: "A
predictive noise model was created to represent the proposed operations at the
Keenesburg No. 2 Mine to be operated by the Colorado Sand Company LLC.
Equipment selection and placement was provided by the Schedio Group and based
upon site layout documents dated 11-22-19. To assess the predicted noise levels of the
proposed Keenesburg No. 2 Mine operations, Behrens and Associates Environmental
Noise Control (BAENC) conducted an onsite equipment sound level survey on January
8th, 2020 of the existing WTX sand and gravel processing facility located in Monahans,
TX and operated by Capital Sand Company, Inc. This existing WTX facility utilizes
processing equipment that is equivalent to the proposed processing equipment of the
Keenesburg No. 2 Mine and was surveyed under normal operational conditions. The
equipment sound level data were used to construct a noise model using Sound PLAN
8.0 software. Noise sensitive receptor locations included in the models were placed in
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: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health
compliance with the USR application noise standards of CRS 25-12-103. The numerical
and graphical noise modeling results indicate that the proposed operations of the
Keenesburg No. 2 Mine are predicted to comply with the proposed USR daytime and
nighttime Industrial limits for CRS 25-12-103."
A waste handling plan was submitted which states: "trash and refuse will be stored in
roll off dumpsters and transported to a local landfill. Chemicals and petroleum products
will be stored inside a covered fueling station. Water treatment chemicals will be stored
within the water treatment building."
A dust abatement plan was submitted which indicates the site will utilize water trucks
and reduced vehicle speeds. Air emission permitting through the State is required.
There will be fuel storage on site consisting of off-road diesel fuel consisting of a 12,000-
gal double walled tank at the fueling station and a portable 1 ,000-gallon double walled
tank in the pit. Permitting through the State along with secondary containment and an
SPCC plan may be required.
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 report.
7. The operation shall remove, handle, and stockpile overburden and sand from the
facility 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. A
permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
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.The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
13.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.
14.Process wastewater (such as floor drain wastes) shall be captured in a
watertight vault and hauled off for proper disposal. Records of installation,
maintenance, and proper disposal shall be retained.
15.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
16.The operation shall comply with the Mine Safety and Health Act (MSHA).
17.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
18.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
•
August 19, 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: Guttersen Ranches, LLC Case Number: USR20-0020
Please Reply By: September 16, 2020 Planner: Michael Hall
Project:A Site Specific Development Plan and Use by Special Review Permit for Open Mining and
Processing of Minerals(Sand Mining and Processing Plant) in the A(Agricultural)Zoned District.
(Keenesburg No. 2 Mine). Proposed Sand Mine to be located in Sections 1 & 12 T2N R64W and
Sections 5, 6 & 7 T2N R63W
Location: EAST OF AND ADJACENT TO CR 59; NORTH OF AND ADJACENT TO CR 22 SECTION
LINE ROW
Parcel Number: 130307000002-R5051686 Legal:ALL SECTION 7, T2N, R63W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Parcel Number: 130306000001-R5051386 Legal:ALL SECTION 6, T2N, R63W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Parcel Number: 130512000004-R5071286 Legal:ALL SECTION 12, T2N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Parcel Number: 130501000005-R5066186 Legal:ALL SECTION 1, T2N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Parcel Number: 130305000004-R5051086 Legal:ALL SECTION 5, T2N, R63W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
fl We have reviewed the request and find no conflicts with our interests.
I,/ See attached letter.
9/9/2020
Signature Date
Weld County OGED
Agency
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
Weld County
Oil & Gas Energy Department
Referral Comments
131_ C )NTY
}
Referring Agency: Weld County Department of Planning Services
Reference Number: USR20-0020
OGED Reviewer: Dwight Mallory
Review Date: September 9, 2020
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on
the captioned planning case. We have completed our review of the proposal and have no conflicts to the proposed
activities. We have included additional comments below:
Comments
1. There are no active or proposed WOGLA Permits in the USR project area.
2. The USR project area includes a portion of a Location Assessment for Pipeline (LAP), LAP19-0002,
for the Kiowa Lateral Natural Gas Pipeline.OGED requests that the Applicant coordinate operations
in proximity to the pipeline easement with the pipeline operator,Colorado Interstate Gas Company,
L.L.C. (CIG).
3. The USR project area includes seven (7) active oil and gas wells, listed in Table 1 below and shown
on the attached map. OGED requests that the Applicant coordinate operations in proximity to
existing wells and production facilities with the operator(s) of these wells.
Table 1
API Operator Well Name Location Status
05-123-09283 NOBLE ENERGY INC 1 CHAMPLIN 525 AMOCO"A" SWSW 5 2N63W 6 PM SI
05-123-38271 PDC ENERGY INC 6M-423 Guttersen NWNW 6 2N63W 6 PM PR
05-123-38272 PDC ENERGY INC 6R-243 Guttersen NWNW 6 2N63W 6 PM PR
05-123-38273 PDC ENERGY INC 6M-303 Guttersen NWNW 6 2N63W 6 PM PR
05-123-38275 PDC ENERGY INC 6R-323 Guttersen NENE 6 2N63W 6 PM PR
05-123-38279 PDC ENERGY INC 6U-203 Guttersen NENE 6 2N63W 6 PM PR
05-123-39169 PDC ENERGY INC 6R-403 Guttersen NENE 6 2N63W 6 PM PR
4. The proposed project area includes eight (8) plugged and abandoned (PA) wells and one (1) dry
hole abandoned (DA) well, listed in Table 2 below and shown on the attached map. Additional
information regarding these plugged and abandoned wells is available from the Colorado Oil and
Gas Conservation Commission (COGCC). OGED recommends that the Applicant review this
information and contact the responsible operator regarding well infrastructure that may have been
abandoned in place prior to conducting operations in proximity to the wells.
Table 2
API Operator Well Name Location Status
05-123-10357 MORMAC ENERGY CORP 24-7 CUYKENDALL SESW 7 2N63W 6 PM DA
05-123-09705 HS RESOURCES INC 1 J.H.CUYKENDALL B NWSE 7 2N63W 6 PM PA
05-123-07251 NOBLE ENERGY INC 1 J.H.CUYKENDALL SWSW 6 2N63W 6 PM PA
05-123-18352 NOBLE ENERGY INC 5-7K3 UPV SWNE 5 2N63W 6 PM PA
05-123-11571 PDC ENERGY INC 2-6 CUYKENDALL SESE 6 2N63W 6 PM PA
05-123-26682 PDC ENERGY INC 31-6 GUTTERSEN NWNE 6 2N63W 6 PM PA
05-123-26683 PDC ENERGY INC 32-6 GUTTERSEN SWNE 6 2N63W 6 PM PA
05-123-28136 PDC ENERGY INC 6D SOUTH GUTTERSEN NESE 6 2N63W 6 PM PA
05-123-38274 PDC ENERGY INC 6U-443 Guttersen NENE 6 2N63W 6 PM PA
5. The USR area includes eight (8) abandoned locations (AL), shown in Table 3 and shown on the
attached map. These wells were not spud and the permits have been vacated by COGCC.
Table 3
API Operator Well Name Location Status
05-123-25371 PDC ENERGY INC 6C GUTTERSEN NWNE 6 2N63W 6 PM AL
05-123-25372 PDC ENERGY INC 42-6 GUTTERSEN SENE 6 2N63W 6 PM AL
05-123-25373 PDC ENERGY INC 33-6 GUTTERSEN NWSE 6 2N63W 6 PM AL
05-123-25374 PDC ENERGY INC 34-6 GUTTERSEN SWSE 6 2N63W 6 PM AL
05-123-25375 PDC ENERGY INC 43-6 GUTTERSEN NESE 6 2N63W 6 PM AL
05-123-26681 PDC ENERGY INC 41-6 GUTTERSEN NENE 6 2N63W 6 PM AL
05-123-38281 PDC ENERGY INC 6R-403 Guttersen NENE 6 2N63W 6 PM AL
05-123-18456 SNYDER OIL CORP 5-16K3 UPV SESE 5 2N63W 6 PM AL
6. The USR area may include additional oil and gas related infrastructure, such as off-location
flowlines, not regulated by Weld County. OGED requests that the applicant review flowline data
available from the COGCC map viewer and utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials submitted by the
applicant and other relevant information available on the E-Permit site.
Memorandum
To: Michael Hall, Planning
From: Jose Gonzalez, Building
Date: August 24, 2020
Re: USR20-0020 Mining Operation; Keenesburg No. 2
Applicant: Schedio Group LLC,Timothy A. McCarthy
After reviewing application documents and county records, building staff has the following
comments regarding this case:
Building permits shall be required for any new construction (Buildings and or Structures) per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of Chapter 29, and the
adopted codes at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Building Codes; 2006 International Energy Conservation Code;
2017 National Electrical Code (Chap 29, Article II).
A Building Permit Application must be completed and two (2) complete sets of engineered plans
bearing the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall
be required or an Open Hole Inspection.
A complete code analysis prepared by a registered design professional is required and shall be
submitted with All Commercial Building Permit Applications to Weld County. A Floor Plan shall
be submitted showing room dimensions, room uses, along with details showing compliance with
Accessibility requirements and currently adopted building codes.
All new Commercial Building Projects require Fire District Notification (letter or email form).
Proof shall be submitted with Commercial Permit applications. Final Fire District Approval is also
required prior to issuing a Certificate of Occupancy.
Submit by Email
"mik dip A Weld County Referral
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August 10 , 2020
The Weld County Department of Planning Services has received the following item for review :
Applicant: Guttersen Ranches, LLC Case Number: USR20-0020
Please Reply By: September 16 , 2020 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and
Processing of Minerals (Sand Mining and Processing Plant) in the A (Agricultural) Zoned District.
(Keenesburg No . 2 Mine) . Proposed Sand Mine to be located in Sections 1 & 12 T2N R64W and
Sections 5 , 6 & 7 T2N R63W
Location : EAST OF AND ADJACENT TO CR 59; NORTH OF AND ADJACENT TO CR 22 SECTION
LINE ROW
Parcel Number: 130307000002-R5051686 Legal : ALL SECTION 7 , T2N , R63W OF THE 6TH P. M . ,
WELD COUNTY, COLORADO.
Parcel Number: 13030600O001 - 85051386 Legal : ALL SECTION 6 , T2N , R63W OF THE 6TH P. M . ,
WELD COUNTY, COLORADO.
Parcel Number: '130512000004-85071286 Legal : ALL SECTION 12 , T2N , R64W OF THE 6TH P. M . ,
WELD COUNTY, COLORADO.
Parcel Number: 130501000005- 85066186 Legal : ALL SECTION 1 , T2N , R64W OF THE 6TH RM . ,
WELD COUNTY, COLORADO.
Parcel Number: 130305000004- 85051006 Legal : ALL SECTION 5 , T2N , 863111! 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 .
!Ill We have reviewed the request and find that it does I does not comply with our Comprehensive
Plan because:
EyWe have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature94.:(7/ /.; Date 9 s 4), 0
Agency
Weld County Planning Dept. 1555 N 17th Aye, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
Park, Paul D
To: mhall@weldgov. com
Cc: Paul Park
Subject: FW: USR20-0020 Referral
Michael Hall
DCP Operating Company, LP ( an affiliate of DCP Midstream , LP ) operates multiple natural gas gathering pipelines on
easements located within the boundaries of the proposed USR for the Colorado Sand Company's surface mining
operations. As depicted in the plot plant that accompanied the application, the excavation boundaries extend to the
edges of the DCP pipeline easements, and in some cases completely surround the pipeline route across the section . DCP
has not been contacted by the project applicant regarding this project, DCP has received no information about how
Colorado Sand Company will protect DCP' s pipelines from damage during the mining activities next to DCP' s facilities, or
how Colorado Sand Company will ensure DCP' s access to the pipeline for necessary maintenance and repair activities, as
well as emergency response actions . DCP is concerned that the project applicant has not taken into account the
potential impact on DCP' s pipeline facilities included within the project footprint . DCP recommends that the Planning
Department require the applicant to develop additional mitigation and prevention measures for energy infrastructure in
consultation with DCP and other operators in order to ensure safety .
Respectfully Submitted ,
Paul D Park
Senior Regulatory Analyst
DCP Midstream
1
•Alc.,
,0-0' 4COLORADO
`` Parks and Wildlife
M i
Department of Natural Resources
317 W . Prospect Rd
Fort Collins, CO 80526
P 970 . 472 . 4300 I F 970 .472 .4458
September 15 , 2020
Kristine Ranslem
Weld County Planning Department
1555 North 17th Avenue
Greeley , CO 80631
970 . 400 . 3519
kranslem@weld ov . com
Re . Guttersen Ranches LLC, Keenesburg No . 2 Mine, Case No . USR20- 0020, at or near Sections
'I and 12 , Township 2N , Range 64W and Sections 5 , 6 and 7 , Township 2N , Range 63W , 6th
Principle Meridian , in Weld County .
Ms . Ra ns le m ,
Thank you for the opportunity to comment on the Guttersen Ranches LLC , open mining
project .
The mission of Colorado Parks and Wildlife (CPWJ is to perpetuate the wildlife resources of
the state , to provide a quality state parks 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 .
CPW is in receipt of the above referenced review proposal and is familiar with the site . If the
project proceeds as described in the proposed documents , the CPW recommends that noxious
weeds and re -vegetation management plans are developed and implemented in areas where
there will be ground disturbance due to mining activities . Noxious weeds can reduce property
value and negatively impact wildlife habitat . With new mining taking place and machinery
being transported from one site to another, it is important to help prevent the spread of
noxious weeds .
Equipment should be cleaned periodically to remove weed seeds even if no weeds are
recognized . It is recommended that noxious weeds are actively eradicated and a working
weed management and disturbed area reclamation plan should be developed and
implemented throughout mining . The plan should be implemented until all disturbed areas
are properly re-vegetated to prevent erosion and invasion by weeds . The applicant may want
to contact the Weld County Weed Inspector to facilitate development of reclamation and
weed management plans for the project .
sedi(aA:.:::-:Nci,,
�,Dan Prenzlow, Director, Colorado parks and ''Ifildlife • Parks and Wildlife Commission: Marvin McDaniel, Chair • Carne Besnette Hauser, Vice-chair �� .'_
Marie Haskett, Secretary • Taishya Adams • Betsy Blecha • Charles Garcia • Dallas May • Duke Phillips, IV • Luke B. Schafer • James Jay Tutchton • Eden Vardy \* ! */
\- I
During mining operations CPW recommends the removal or leveling of any large piles of dirt .
Barren mounds of dirt are of little value to wildlife , can be an eyesore on the landscape , and
contribute to the spread of noxious weeds . CPW recommends any piles of dirt on this site to
be leveled or landscaped to match the surrounding contour of the land . This barren ground
should then be reseeded with native, drought resistant plant species to provide quality
habitat for wildlife and to prevent the spread of noxious weeds . CPW recommends backfilling
escape ramps in areas where steep slopes occur during open pit or open trench mining
operations . Escape ramps will allow wildlife to safety exit an open pit or trench to avoid being
trapped in the pit .
Once mining is complete , all ponds created by reclamation efforts could potentially have
significant value to wildlife . To maximize this benefit, the CPW recommends that ponds be
designed to include irregular shorelines and one or more islands to provide cover , shelter , and
nesting areas for migratory birds . Islands should be at least 15 ' x 25 ' in size for every two surface
acres of water in the pond . Shoreline and island slopes should be graded to a ratio of 4
horizontal feet to every 1 vertical foot of distance , with some areas having slopes no steeper
than 8 horizontal feet to every 1 vertical foot of distance . Such shallow areas will allow for the
establishment of a variety of aquatic vegetation and invertebrate prey for waterfowl and
shorebirds . Shorelines should be re- vegetated with native aquatic vegetation .
We appreciate being given the opportunity to comment . Please feel free to contact District
Wildlife Manager Mike Grooms at 970 . 692 . 4028 or via email at michael . grooms state . co . us
should you have any questions or require additional information .
Sincerely ,
7,----,-,1-2----.7— .a
Jason Surface
Area Wildlife Manager -Area 4
ee COLORADO
DNR
Division of Water Resources
Tw Department of Natural Resources
August 27, 2020
Michael Hall , Planner
Weld County Department of Planning Services
Transmission via email : mhall@weld ov . com
Re : U R2D- OO2O Guttersen Ranches , LLC - Use by Special Review Permit Application
All of Sections 5 , 6 and 7, Twp . 2N , Rng . 63W, ,6th P .M. and Section 1 , the N1 /2 of
Section 12 and a portion of the 51 / 2 of Section 12, all in Twp . 2N , Rng . 64W
Water Division 1 , Water District 1 ( Sec . 1 and 12, Twp. 2N , Rng. 64W , 6th
P .M. )
Lost Creek Designated Ground Water Basin and Lost Creek Designated
Ground Water Management District (Sec. 5 , 6 , and 7, Twp . 2N , Rng . 63W ,
6th P . M . )
Dear Mr . Hall :
We have received your August 19, 2020 request concerning the above- referenced proposal.
According to the submitted information , the applicant is seeking a Site Specific Development
Plan and Use by Special Review Permit for open mining and processing of minerals (sand
mining and processing plant) on 2 , 920 acres located in the Agricultural Zone District .
This referral does not appear to qualify as a "subdivision" as defined in Section 30 - 28-
101 ( 10 ) (a ) , C . R . Q .. Therefore, pursuant to the State Engineer' s March 4, 2005 and March 11 ,
2011 memorandums to county planning directors, this office will only perform a cursory
review of the referral information and provide informal comments . The comments do not
address the adequacy of the water supply plan for this project or the ability of the water
supply plan to satisfy any County regulations or requirements. In addition , the comments
provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the
issuance of a well permit, or physical availability of water.
According to our records the mine site is permitted by the Division of Reclamation Mining and
Safety ( " DBMS " ) under permit no . M2019-058 and is known as Keenesburg No . 2 Mine . The
proposed water supply is from two existing industrial wells permitted under permit nos .
79782- F and 83340-F, direct purchase from an offsite industrial water storage from 8N N -
Tallrass Pond ( aka Wilson Pond ) , and direct purchase from the Town of Keenesburg ( "Town" )
water supply . The proposed use for these welts, Tallgrass Pond and / or Town ' s supply, is to
serve a sand wash processing plant, dust control and onsite septic system . Estimated water
requirements provided include : 575 GPM ( 927 . 5 acre -feet /year) for a sand wash processing
plant, 22 GPM or (35 . 5 acre - feet/year) for dust control} and 0 . 5 GPM (0 . 8 acre-feet /year) for
septic system , for a total of 597 . 5 GPM (963 . 8 acre - feet/ year) .
Well permit nos . 79782- F and 83340- F were issued on April 11 , 2016 and June 27, 2019
respectively pursuant to CRS 37- 90- 137(4) and the decree granted in case no . 2Ll1 5C T 7 3040
Division 1 Water Court . Each well is permitted for a maximum pumping rate of 100 GPM and
1313 Sherman Street , Room 821 , Denver, CO 802O3 P 303.866 . 3581 vwww.colorado.govlwater-
Jared S. Rods, Governor Dan Gibbs , Executive Director I Kevin G . Rein , State Engineer/Director
Case No . SR2O- 0020
August 26 , 2020
Page 2 of 2
an annual withdrawal of 160 acre-feet per year for domestic, commercial, industrial,
irrigation, livestock watering , fire protection , replacement and augmentation purposes . The
allowed average annual amount ofground water to be withdrawn by these well in
combination with other wells withdrawing the nontributary portion of the Laramie-Fox Hills
water decree in case no . 2015CW3040 is limited to 4474 . 4 acre- feet . Both wells are
producing water from the nontributary Laramie- Fox Hills aquifer . According to a letter dated
March 25 , 2020 Guttersen Ranches , LLC intends to supply water to Keenesbug No . 2 Mine from
its wells 79782- F and 83340- F . Water from the wells will be conveyed to the plant with
buried pipe and be pumped using above ground pumps . The applicant shalt ensure that the
wells are operated pursuant to the conditions of well permit and the decree in case no .
2015CW3040 .
The use of BNN -Tallgrass Pond and the Town of Keensburg would require connection to an
overland delivery pipeline to Keenesburg No . 2 Mine . Information on the BNN -Tallgrass Pond
water storage was not provided therefore it is unknown if this water is permitted or decreed
for industrial use . Therefore, the Applicant will need to document that the water proposed to
be used at the site from BNN -Tallgrass Pond or the Town of Keenesburg is permitted or
decreed for such industrial use .
The applicant should be aware that, any storm water detention structure constructed as a
part of this project, must meet the requirements of a "storm water detention and infiltration
facility" as defined in section 37- 92 - 602 (8 ) , Colorado Revised Statutes , or the requirements of
a "storm water detention and infiltration facility" as defined in Designated Basin Rule 5 . 11 ,.
the structure may be subject to administration by this office . The applicant should review
DWR ' s Administrative Statement Regarding the Management of Storm Water Detention
Facilities and Post- Wildland Fire Facilities in Colorado , attached , to ensure that the
notification , construction and operation of the proposed structure meets statutory and
administrative requirements . The applicant is encouraged to use Colorado Storm raters
Detention and Infiltration Facility Notification Portal , located at
https : / / maperture . digitaidataservices . com / gvh / Niewer=cswdif, to meet the notification
requirements . In addition , the applicant should review Rule 5 . 11 to determine whether the
structure meets the requirements of the Rule and ensure any notification requirement is met .
If storm water runoff is intercepted by this operation and is not diverted or captured in
priority, it must be released to the stream system within 72 hours . This may require a
discharge permit from CDPHE-WQCD . Otherwise, the operator will need a plan for
augmentation approved by the Division 1 Water Court and /or a Ground Water Commission
approved replacement plan to replace depletions to the respective stream regimes.
If you or the applicant have any questions, please contact loana n a co man ici u at 303 -866- 3581
x8206 .
Sincerely,
Winfit Lid
Keith Vander Horst
Chief of Water Supply , Designated Basins
Ec : 'HO Referral No . 27272
Well permit nos . 79782 - F, 83340 - F
at tItts COLORADO
00 4144011 Department of Public
CDPHE Health & Environment
TM
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
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