HomeMy WebLinkAbout20200638.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Mike McRoberts, P.E., Public Works
DATE: January 13, 2020
SUBJECT: USR19-0071 Holm
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 USR19-0071, for open
mining (sand, gravel and stone) and processing of minerals, including recycle operations for concrete and
asphalt. Also included is a mine office/scale house and scale, a fueling/lubricating station, portable
generators, mobile mining equipment parking and storage; employee and vendor parking in the A
(Agricultural)Zone District.
This project is south of CR 60 1/2 and is east of and adjacent to CR 49.
Parcel numbers: 096112000070, 096101300016, and 096112200013.
Access is from Holly Avenue.
ACCESS
Weld County Public Works has reviewed the application materials related to access and determined that
the applicant is proposing to upgrade Holly Avenue and have an access on Holly Avenue within a horizontal
curve located approximately 950 feet north of the Weld County Parkway/Holly Avenue intersection.
However, Public Works is requiring the applicant to construct a three-leg or T intersection (as detailed in
the Improvements and Road Maintenance Agreement with Up-front Improvements section below) to
replace the horizontal curve section of Holly Avenue located at the north end of the paved section of Holly
Avenue.
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
Holly Avenue is a paved 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.
Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway.The County Highway
is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial
road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of-way in some locations.
Contact Public Works for the location of the current right-of-way alignment and easements so they can be
delineated accurately on the map. If the right-of-way cannot be verified it shall be dedicated. The applicant
shall also delineate the physical location of the road. 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. This road
is maintained by Weld County.
Per, Sec. 8-13-30.B, a Weld County Right-of-Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights-of-way
or easement. Right-of-Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on Weld County Parkway north of Holly Avenue counted 4,108 vpd with 44% trucks. The 851h
percentile speed is 63 mph.
Latest ADT on Weld County Parkway south of Holly Avenue counted 4,502 vpd with 46% trucks. The 851h
percentile speed is 64 mph.
The traffic information submitted with the application materials indicated that there will be approximately 20
passenger vehicle daily trips, 15 16-ton tandem truck daily trips, 95 25-ton semi-truck daily trips, and up to
5 mechanical/fuel/etc., daily trips. All traffic to and from the site will use Weld County Parkway (County
Road 47/49)to Holly Avenue to the proposed site entrance. All commercial traffic existing the site will travel
on Holly Avenue south to the Weld County Parkway. Commercial traffic entering the site will originate from
Weld County Parkway traveling to Holly Avenue north to the proposed site entrance.
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.
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. 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. The
required up-front off-site improvements include, but are not limited to:
• Chip sealing or paving Holly Avenue from the Weld County Parkway/Holly Avenue intersection to
the north end of the existing pavement, and restriping as necessary
• Paving the proposed access road from the north end of the existing pavement up to and 50 feet
beyond the proposed site access using a Weld County Rural Local cross section
• Constructing a paved three-leg or T intersection with the north leg going to the site access, the east
leg tying into east/west portion of Holly Avenue, and the south leg tying into the north/south portion
of Holly Avenue that connects to the Weld County Parkway/Holly Avenue intersection
• Removing and replacing the Roadifer private irrigation lateral culvert under Holly Avenue per the
ditch owner's requirements and acceptance in the form of a written sign off
• Furnishing and installing three (3) stop signs and one (1) 30 mph speed limit sign at locations as
directed by the County Engineer
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server_6/File/Departments/Public%20Works/DevelopmentR
eview/USR-SPR-Permits°/020Improvements°/020Agreement°/020Template.pdf. It will detail the approved
haul route(s), outline the required up-front off-site improvements, designate when other off-site
improvements will be triggered, and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within 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.
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 Up-front Improvements 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. The plan shall be amended to delineate the following:
1. Holly Avenue is a paved 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. The County Highway(County Road 49)is designated on the Weld County Functional Classification
Map as an arterial road which typically requires 140 feet of right-of-way at full build out. The
alignment of the road widening project varies along the section line for the corridor. Contact Public
Works for the location of the existing and future right-of-way and easements and delineate these
on the site plan. This road is maintained by Weld County. (Department of Public Works)
3. Show and label the approved access location. 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 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 off-site improvements described in the Improvements and Road Maintenance Agreement
with Up-front Improvements section 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:
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 applicant shall comply with all requirements provided in the executed Improvements and Road
Maintenance Agreement with Up-front Improvements. (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. 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)
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: January 9, 2020
Re: USR19-0071 D.P.G Bird Farm, Inc., and Calven Goza
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 recycle operations for concrete and asphalt. Also
included is a mine office/scale house and scale, a fueling/lubricating station, portable
generators, mobile mining equipment parking and storage; 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. The application indicates
the shop is served by an individual domestic well (30883) and a permitted septic system
(SP-1700268) which is sized for 3 bedrooms. EH does not have records indicating the
house septic system was connected to the shop. There are two inactive permits
G19910144 for a house and G19880256 for a mobile home. The well permit and septic
system serving the shop must meet commercial requirements.
Noise is restricted to the level allowed in the industrial zone district. The application
contains a noise study which indicates " As currently designed, the worst case predicted
sound levels meet the Weld County Industrial limit at the USR boundary. The
Residential limit is not met at all points on the boundary but is met at the closest homes.
As the pit is developed and the equipment moves further below the surface, the sound
levels will be reduced further." The conclusion of the study states "The highest sound
level at the USR boundary is 70 dBA or less in both scenarios evaluated, so the
Industrial limit of 80 dBA is met. The daytime Residential limit of 55 dBA is not met at
the USR boundary but is met at the closest homes themselves (homes shown in yellow
on the figures)."
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:970-304-6415 Tele:970-304-5470 Tele:970-304-6470
Fax: 9/U-304-6412 Fax: 910-304-6415 Fax: 970-304-6411 Fax. 970-304-545'2 Fax: 970-304-6452 Public Health
A waste handling plan was submitted which states waste will be stored in a standard
dumpster adjacent to the shop and will be collected on a monthly basis.
Dust abatement will consist of utilizing a water truck. Air emission permitting through
the State is required.
There will be three 1,000-gallon fuel storage tanks on site which require permitting
through the State along with secondary containment and an SPCC plan.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met prior to recording the plat:
1 . As the existing on-site waste water treatment system (OWTS) for the
residence (SP-1700268) may be utilized for business use, the OWTS shall
be reviewed by a Colorado registered professional engineer to determine
sizing limitations. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the proposed
use. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
In the event the system is found to be inadequately sized for the proposed
use, the system shall be brought into compliance with current OWTS
regulations or a new OWTS may be installed.
2. The existing domestic well permitted as 30883 shall be repermitted to allow
for commercial use.
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 study.
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. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes. The existing well
(permit 30833) cannot be used for the business unless it is repermitted for
business use.
9. Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County Code,
pertaining to On-Site Wastewater Treatment System Systems.
10.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.
11.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.
12. If applicable, the operation shall obtain a stormwater or other discharge permits
from the Colorado Department of Public Health & Environment, Water Quality
Control Division.
13.The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
14.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.
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.
181 MEMORANDUM
TO: Kim Ogle DATE: January 20, 2020
FROM: Diana Aungst, CFM
�z -u j r Y SUBJECT: USR19-0071, Holm
PROJECT:
A Site Specific Development Plan and Use by Special Review USR19-0071, for open mining (sand, gravel
and stone)and processing of minerals, including recycle operations for concrete and asphalt. Also included
is a mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining
equipment parking and storage; employee and vendor parking in the A(Agricultural)Zone District.
PARCELs: 096112000070, 096101300016, and 096112200013
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-1561E effective date January 20, 2016 (South Platte 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)
Submit by Email
visb Weld County RefReferral
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December 11 , 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: D . P.G Bird Farm , Inc. , and Calven Gaza Case Number: USR19-0071
Please Reply By : January 8 , 2020 Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review USR19-0071 , for open mining
(sand , gravel and stone) and processing of minerals, including recycle operations for concrete and
asphalt. Also included is a mine office/scale house and scale , a fueling/lubricating station, portable
generators, mobile mining equipment parking and storage; employee and vendor parking in the A
(Agricultural ) Zone District
Location : North of and adjacent to Holly Avenue ; West and East of Weld County Parkway;
approximately 600-feet south of East 8th Street (CR 60 .5)
Parcel Number: 096112000070-R3379986 Legal : PART NW4SW4 SECTION 12 , T5N , R65W of the
6th P.M . , Weld County, Colorado .
Parcel Number: 096112200013-88944444 Legal : PART N2 SECTION 12, T5N , R65W of the 6th P.M . ,
Weld County, Colorado.
Parcel Number: 096101300016- R8944447 Legal : PART S2S2 & N2SE4 SECTION 1 , T5N , R65W 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.
We have reviewed the request and find that it does I does not comply with our Comprehensive
Plan because: - - - - - - --- - - ---- - -We have reviewed the request and find no conflicts with our interests.
See attached letter.
Dale Trowbridge 01 -06-2020
Signature Date
Agency New Cache La Poudre Irrigating Company
Weld County Planning Dept 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
c reel c)„,
January 8, 2020
Kim Ogle
Planning and Zoning
1555 N 17th Avenue
Greeley, CO 80631
Re: USR19-0071
IV
Mr. Ogle:
Thank you for referring USR19-0071 regarding gravel mining and other uses to our jurisdictions
for review. In 2019, Kersey, Evans, and Greeley adopted an intergovernmental agreement related
to land use in areas of shared interest, primarily along the South Platte River corridor. Because
the subject site is located within the Kersey, Evans, and Greeley Cooperative Planning Area, the
municipalities subject to the intergovernmental agreement have elected to provide a coordinated
response to relay the collective perspective of the nearby localities. The subject site has
significant historical, cultural, and ecological importance on a regional scale. Development of the
site should be sensitive to this broader context.
The municipalities recognize the right of landowners to develop, respect the authority of Weld
County's jurisdiction regarding the proposal, and understand the State's interest in natural
resource recovery. We appreciate Weld County bringing the proposal to our attention and offer
the following comments in the spirit of collaborating to meet the needs of the applicant while
balancing the interests of neighboring communities.
The subject site is located in the immediate vicinity of the confluence of the Cache la Poudre and
South Platte rivers, a location that has played a central part in the region's history and which
helped prompt Congress to designate the Poudre corridor as a National Heritage Area in 1996.
The confluence was regularly inhabited by tribal people groups such as the Cheyenne and
Arapaho. Trappers and traders frequented the confluence area, including Fort Latham of the
Overland Trail near Kersey. The confluence also served as the impetus for locating Nathaniel
Meeker's Union Colony, now known as Greeley, for the area's rich soil and irrigation
opportunities. Evans was platted in 1869 and early settlers established the Saint Louis-Western
Colony along the riverbank there. Please understand and respect the important historical value of
this site by considering and undergoing efforts to minimize impacts to the confluence area.
The subject site is located within Greeley's Long Range Expected Growth Area, where the
community anticipates annexation and growth to occur. The Land Use Guidance Map from the
Imagine Greeley Comprehensive Plan suggests that the area is most appropriately used as
Riparian Land, and the portion of the site along the Poudre River corridor lies within an
identified greenway. The Riparian area is envisioned to primarily preserve open space and
include gravel extraction in some locations if incorporating efforts to preserve and restore the
ecological value to a level similar to what is found in open and undeveloped areas. Habitat
Page 1 of 3
preservation and restoration are vital to wildlife, and natural areas provide exceptional
recreational opportunities to maintain a high quality of life for area residents. The Kersey
Comprehensive Plan shares a very similar vision for the subject site. Greeley's Ecologically
Sensitive Areas map shows that ecological value of the site could be severely impacted by
mining. Furthermore, the Comprehensive Cache la Poudre Greenway Guide identifies the subject
site for open space and natural resource protection as an irreplaceable opportunity to connect the
Poudre and South Platte corridors. Please pay special attention to the recreational and ecological
worth of the subject site by exploring and incorporating methods to minimize habitat disruption,
maximize recreational opportunity, and mindfully restore ecological resources.
Kersey, Evans, and Greeley would particularly appreciate consideration of the following items:
1. Discuss possibilities for open space preservation with Kersey & Greeley staff.
2. Assess the site for ecological, cultural, and historically significant features and identify
preservation efforts. Please provide the findings to Kersey, Evans, and Greeley.
3. Consider the desire expressed in the Kersey-Evans-Greeley Intergovernmental
Agreement to prohibit industrial uses such as batch plants and outdoor storage within the
Cooperative Planning Area due to their intensive nature and impacts that cannot be
adequately mitigated to maintain the shared vision of a natural corridor in the river
vicinity. This can be achieved by analyzing alternative sites in the vicinity to
accommodate the proposed batch plant and outdoor storage that can efficiently utilize the
area's transportation network, but be situated at a site that would not impact the character
of the subject area. If alternative sites are infeasible, attain a commitment to remove the
proposed batch plant and outdoor storage upon the completion of extraction operations.
To maintain some aspects of the natural character at the subject site, the outdoor storage
and batch plant should be completely screened from view from adjacent properties,
roadways, and future trails. This can be accomplished with differences in grade, berms,
solid fencing, and/or landscaping.
4. Adjust the reclamation plan to primarily include wetlands and small natural-looking
ponds that:
a. Can accommodate trees near shorelines that are sloped more gently than typical
gravel pits;
b. Are ideal for recreation to provide community benefit;
c. Will reduce the attractiveness of the site for large flocks of sizeable birds that
could be hazardous to flight traffic at the Greeley-Weld County Airport; and,
d. Are reclaimed in phases to limit the area of disturbance while mining continues
and avoid having a large industrial-looking operation for several decades.
5. Work with Greeley staff to protect a route and establish an easement for the future
construction of the Poudre Trail and a trail along the South Platte that are intended to join
at the confluence per the 2016 Greeley Parks, Trails and Open Lands Master Plan, The
easement should maintain adequate width to avoid habitat disruption, allow for
meandering of the trails, and allow for significant plantings along the trails.
Page 2 of 3
4r y ,f LI aris.Colorado Treel C\'
Staff from Kersey, Evans, and Greeley would also appreciate a meeting with Weld County staff
to discuss the subject application, the intended end user of the proposed ponds, and the
possibility of including Weld County in an intergovernmental agreement regarding land use in
the broader area. Please contact Caleb Jackson at 970-350-9876 to coordinate. Kersey, Evans,
and Greeley appreciate your consideration of our communities' interests and look forward to
additional collaboration.
Thank you for this referral.
Christian More
Town of Kersey
Town Manager
_ r �
Anne Best Johnson, AICP, MBA
City of Evans
Community Development Director
// JfIJ
Brad Mueller. AICP
City of Greeley
Community Development Director
Attachments
Kersey, Evans, Greeley Intergovernmental Agreement
Page 3 of 3
4495033 06/05/2019 04:24 PM
Total Pages: 10 Rec Fee: $58.00
Carly Koppes - Clerk and Recorder, Weld County, CO
AN INTERGOVERNMENTAL AGREEMENT
REGARDING LAND USE, GROWTH BOUNDARIES, AND
FUTURE ANNEXATIONS
BETWEEN KERSEY, EVANS, AND GREELEY
This Agreement is made this 9th day of April, 2019, by and between The Town of
Kersey, Colorado, a statutory municipality, ("Kersey"), The City of Evans, Colorado, a home
rule municipality, ("Evans"), AND The City of Greeley, Colorado, a home rule municipality,
("Greeley"), (collectively, the "Parties," and each individually, a "Party"), establishing the terms
and conditions for land uses, within a Cooperative Planning Area, and setting forth an agreement
to develop a plan for future land use and urban development that each municipality may consider
adopting, and that may, if agreed upon, form the basis for amending this agreement.
RECITALS
WHEREAS, the Parties recognize the high natural, aesthetic, and wildlife value of the
South Platte River Corridor, and
WHEREAS, the Parties recognize and wish to support in particular the Comprehensive
Plans, and Parks and Recreation Master Plans that each has adopted, each of these plans
recognizing and building upon the high natural values of the South Platte River Corridor, and
WHEREAS, the Parties wish to cooperate on joint funding and resource opportunities
along the South Platte River Corridor; and
WHEREAS, the Parties recognize each other's adopted long range growth management
boundaries; and
WHEREAS, the Parties wish to cooperatively plan this area for their mutual benefit; and
WHEREAS, the Parties wish to avoid annexation, land use, and environmental conflicts
which could potentially degrade the high natural, aesthetic, and wildlife values of the South
Platte River Corridor.
NOW,THEREFORE, in consideration of the promises made herein, it is mutually
agreed by and between the Parties as follows:
1. KERSEY, EVANS, AND GREELEY COOPERATIVE PLANNING AREA
There is hereby established a Kersey, Evans, and Greeley Cooperative Planning Area
("CPA"), the boundaries and conditions of which are shown on Exhibit A.
Kersey, Evans, and Greeley IGA -1- March 18, 2019
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Page 2 of 10
2. ANNEXATION
A. Annexation Outside of Adopted Growth Management Areas. The Parties each
agree that within the CPA, no Party will annex outside their adopted Growth
Management Areas as such areas exist at the time of this Agreement except when it is
necessary to annex the remainder of a parcel that is more than 50% contained within
the particular jurisdiction's existing Growth Management Area.
B. Overlapping Adopted Growth Management Areas. Where two or more
municipalities include a parcel within their respective Growth Management Areas, the
municipality initiating the annexation or in receipt of an Annexation Petition shall
promptly notify the other municipalities to consider who would have first priority to
annex the property. The Parties acknowledge that the landowner initiating the request
for annexation shall have the right to petition to annex to the municipality of their
choice within areas that lie within overlapping adopted Growth Management Areas.
C. Annexation requests not included in more than one adopted Growth
Management Area. If any Party to this agreement is presented with a petition for
annexation of land located in the adopted Growth Management boundary of another
Party to this agreement, that Party shall direct the petitioner to the municipality within
which the land is planned for annexation in accordance with this agreement. Only
upon the written notice that the annexation petition will not be accepted by the
municipality within which the land is planned for annexation may another
municipality consider any such annexation, and then only upon the written agreement
of the Parties to this agreement.
3. LAND USES
A. Allowed Land uses. Each municipality agrees to permit only those land uses as
set forth in its duly adopted Comprehensive Plan, as it exists at the time of this
Agreement.
B. Prohibited Land Uses. Notwithstanding any other provisions of this agreement,
the following uses shall not be permitted within the Cooperative Planning Area:
Adult businesses also known as sexually-oriented businesses; and
Industrial uses, such as: auto dismantling, bulk storage of flammable liquids &
gases, chemical manufacturing plants, co-generation &power plants, concrete and
asphalt batch plants, confined animal feeding operations and feedlots, crematoriums,
dispensaries, food & beverage processing facility(major), foundries,junk& salvage
yards, liquid propane tanks as per Fire Code, meat processing &packaging plants,
outdoor storage facilities, recycling centers, refuse transfer stations, rendering plants,
slaughterhouses, or truck or freight terminals.
Kersey, Evans, and Greeley IGA -2- March 18, 2019
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Page 3 of 10
If any Party to this Agreement believes a proposed land use, not listed above, is in
conflict with the spirit/intent of the Agreement, said Party must provide written
objection and just cause to the reviewing municipality. Said land use will only be
allowed by a majority consent of all Parties.
4. REQUIRED NOTICE FOR DEVELOPMENT
Each Party will notify the other Parties of all intended development within one half-
mile of or within that Party's Growth Management Area no less than four (4) weeks
prior to the first official consideration of the land use matter by the municipality
reviewing the intended development. All notifications shall be in writing and shall
include the complete submittal package for review and consideration by the reviewing
municipalities. The reviewing Party shall review the documents and respond in writing
with its comments to the reviewing municipality in a timely manner. For purposes of
this agreement, these submittal packages, notices, and comments may be digital or
hard copy.
Each Party shall provide the other parties with a designated point of contact for the
transmission of all communications and documentation contemplated and described in
this paragraph.
When making any land use decisions in the CPA, each Party agrees that it may not
approve any land use in contravention to the uses states in subsection 3.B, or any land
use not in conformance with its Comprehensive Plan, or annex outside its Growth
Management Area without prior written consent of the other Parties.
5. NO BENEFICIARES OTHER THAN THE SIGNERS
It is expressly understood and agreed that the terms and the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement,
are strictly reserved to the undersigned Parties and nothing in this Agreement shall
give or allow any claim or right or cause of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned Parties that
no person and/or entity, other than the undersigned Parties, receiving services or
benefits under this Agreement shall be deemed any more than an incidental
beneficiary only.
6. NON-COMPLIANCE
Notwithstanding any other provision in this Agreement, if any Party fails to comply
with the provisions of this Agreement, any other Party, after providing written
notification to the noncomplying Party and upon the failure of the noncomplying
Party to achieve compliance within a reasonable time after such notice under the
circumstances, or ninety(90) days, whichever is less, may bring an action in a court
of competent jurisdiction in Weld County for specific performance, injunctive, or
other relief against the non-complying Party. In the event of such litigation, the
prevailing Party shall be entitled to payment by the defaulting Party, of its actual
Kersey, Evans, and Greeley IGA -3- March 18, 2019
4495033 06/05/2019 04:24 PM
Page 4 of 10
attorney's fees and costs incurred.
7. AMENDMENTS
This Agreement may be amended in writing only by the mutual agreement of the
governing bodies of the Parties hereto.
8. ADDITIONS AND MODIFICATIONS
The Parties hereto agree that they shall cooperate with one another and Weld County
in making such additions and modifications to this Intergovernmental Agreement as
may be necessary to effectuate its purposes.
9. TERMS AND TERMINATION
This Agreement shall remain in effect for a period of five (5) years from its effective
date. Thereafter, it shall be automatically renewed for successive five (5) year terms
unless at least 120 days prior to the scheduled expiration, any Party notifies the other
Parties of its decision that the Agreement shall not be renewed.
10. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws
of the State of Colorado. Sole venue for any action brought to enforce or interpret
this Agreement shall be the state courts of Weld County, Colorado, and no such
action shall be removed to any other court or jurisdiction.
11. WAIVER OF BREACH
A waiver of a breach of any of the provisions of this Agreement shall not
constitute waiver or a waiver of any subsequent breach of the same or another
provision of this Agreement.
12. NOTICE
All notices or other communications hereunder shall be sufficiently given and shall
be deemed given upon (a) personal delivery to the recipient designated in this section;
(b) date of signature on a certified mail receipt; or(c) after the lapse of ten business
days following mailing by certified mail, postage prepaid, addressed as follows:
TO KERSEY:
Town of Kersey
332 3Rd Street
Kersey, CO 80644
Kersey, Evans, and Greeley IGA 4- March 18, 2019
4495033 06/05/2019 04:24 PM
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TO EVANS:
City of Evans
Community Development
1100 37th Street
Evans, CO 80620
TO GREELEY:
City of Greeley
Community Development-- Planning Division
1100 10`h Street
Greeley, CO 80631
13. EFFECT OF INVALIDITY
If any portion of this Agreement is finally held invalid or unenforceable by a court of
competent jurisdiction as to any or all Parties such invalidity or unenforceability
shall not affect the other paragraphs of this Agreement, except that any
corresponding right or obligation of the other Parties under the invalidated portion
shall also be deemed invalid.
14. RELIANCE BY THE PARTIES
The Parties understand that each is relying upon all of the promises made by the
other in this Agreement, and each agrees (i)not to assert to any court or other body
the invalidity or unenforceability of any portion of this Agreement; (ii)to promptly
notify the other Party of any legal action which might affect this Agreement; (iii)to
allow the other Party to participate in such legal action as the other Party deems
appropriate; and (iv) to defend this Agreement in such legal action.
Kersey, Evans, and Greeley IGA -5- March 18, 2019
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Page 6 of 10
IN WITNESS WHEREOF, the Parties hereto have executed this Intergovernmental
Agreement the day and year first written above.
TOWN OF KERSEY:
Board of Trustees
By: ,` ") Mayor
G La ijn .nta, Mayor
CITY OF EVANS
City Counci
By: I Mayor
Brian R , Mayor
CITY OF GREELEY
City Council
By: �t Mayor
Jo Gates, Mayor
Exhibits
Exhibit A: Cooperative Planning Area Map
Exhibit B: Definitions
Kersey, Evans, and Greeley IGA -6- March 18, 2019
Exhibit A: Kersey, Evans, and Greeley Cooperative Planning Area
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4495033 06/05/2019 04:24 PM
Page 8 of 10
Exhibit B— DEFINITIONS
The tenns used herein are defined as follows:
Adult business shall mean any store, establishment, tavern, club or theater having a
substantial portion of its stock in trade, books, magazines or other periodicals; video movies,
films, slides or photographs; instruments, devices or paraphernalia; or live performances, which
are characterized by their emphasis on matters depicting, describing, or related to specified
anatomical areas or specified sexual activities. For the purposes of this definition,
a business shall not be considered an adult business if it carries less than twenty percent (20%) of
its stock in adult materials and it prevents the public from viewing or observing merchandise or
products that depict specified anatomical areas or specific sexual activities, as may be displayed
by the products or on the packaging.
a. Specified anatomical areas means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast above or below a point which would expose any portion of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
b. Specified sexual activities means:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or
female breast;
2. Human genitals in a state of sexual stimulation or arousal;
3. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
4. Masturbation, actual or simulated; or
5. Excretory functions as part of or in connection with any of the activities set forth in
Paragraphs 1 through 4 above.
Asphalt plant or asphalt batch plant shall mean a facility for the purposes of manufacturing
asphalt and other forms of coated road stone, sometimes collectively known as blacktop or
asphalt concrete.
Bulk storage shall mean an area or building where equipment and/or supplies are stored in
large quantities.
Chemical plant or chemical manufacturing plant shall mean a facility for the purposes of
manufacturing or otherwise processing chemicals.
Co-generation plant shall mean a facility for the purposes of producing power as a by-
product of a manufacturing or power-producing process.
Concrete plant or concrete batch plant shall mean a facility for the purposes of
manufacturing concrete.
4495033 06/05/2019 04:24 PM
Page 9 of 10
Crematorium shall mean a place for the cremation of human or animal remains.
Dispensary shall mean a place in which a person can purchase cannabis and cannabis related
items for medical or recreational use.
Feedlot or confined animal feeding operations shall mean an area or building where
livestock are fed or fattened up prior to slaughter.
Food and beverage processing facility (major) shall mean a facility for the purposes of
transforming raw agricultural commodities and semi-processed food products into a broad range
of food and beverage products ready for consumption or for further processing.
Food and beverage processing facility (mirror) shall mean a facility for the purposes of
packaging, producing, or processing food or beverages that meets the definition of Food and
beverage processing (major) but which dedicates a portion of the building, minimum ten percent
[10%] of the building's footprint and up to fifty percent [50%] to sales of food, beverages, or
other retail for on premise purchase or consumption; and which occupies a site of three (3) acres
or less; and which cannot generate offensive odors, emissions, traffic or other off-site impacts.
Foundry shall mean a workshop or factory for casting metal.
Junk or ref rse shall mean garbage and all other waste matter or discarded or unused material
such as, but not limited to, salvage materials, scrap metal, scrap materials, bottles, tin cans,
paper, boxes, crates, rags, used lumber and building materials; manufactured goods, appliances,
fixtures, furniture, machinery, motor vehicles or other such items which have been abandoned,
demolished or dismantled, or are in such a condition as to be unusable for their original use, but
may be used again in present or different form for a new use; discarded or inoperable vehicles,
machinery parts and tires; and other materials commonly considered to be refuse, rubbish or
junk.
Junkyard or salvage yard shall mean an industrial use for collecting, storing or selling scrap
metal or discarded material or for collecting, dismantling, storing, salvaging or demolishing
vehicles, machinery or other material and including the sale of such material or parts.
Meat packing shall mean the business or industry of slaughtering cattle and other meat
animals and processing the carcasses for sale, sometimes including the packaging of processed
meat products.
Outdoor storage means storage of materials, supplies, parts, machines, equipment,
containers, operable vehicles, tractor-trailers, unoccupied mobile homes and not kept in a
permitted structure having at least four(4) walls and a roof. This definition shall not apply to
items for sale to the general public such as new and used cars, recreational vehicles, boats and
landscape and building materials; nor to parking of vehicles regularly used in connection with
the operation of the primary business or parked for less than forty-eight (48) hours for
maintenance service.
4495033 06/05/2019 04:24 PM
Page 10 of 10
Power plant means any electrical generating facility with an energy generation capacity less
than 50 megawatts, and any facilities appurtenant thereto, or any expansion, extension or
enlargement thereof increasing the existing design capacity but still less than 50 megawatts.
Recycling and collection center shall mean a facility used for the collection and/or processing
of reusable material, including but not limited to, metals, glass, plastic and paper.
Refuse transfer station shall mean a facility for the purposes of separation, aggregation
and/or compaction of solid waste prior to delivery to a landfill_
Rendering plant shall mean a place that converts waste animal tissue into industrial fats, oils,
and various other products.
Slaughterhouse shall mean a place where animals are slaughtered for food.
Truck or freight terminal shall mean an area and/or building where trucks load and unload
cargo and freight and where such cargo and freight may be separated or aggregated into smaller
or larger loads for transfer to other vehicles or modes of transportation and/or for storage.
Submit by Email
Ar Weld County Referral
December 11, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: D.P.G Bird Farm, Inc., and Calven Gaza Case Number: USR19-0071
Please Reply By: January 8, 2020 Planner: Kim Ogle
Project:A Site Specific Development Plan and Use by Special Review USR19-0071, for open mining
(sand, gravel and stone) and processing of minerals, including recycle operations for concrete and
asphalt. Also included is a mine office/scale house and scale, a fueling/lubricating station, portable
generators, mobile mining equipment parking and storage; employee and vendor parking in the A
(Agricultural)Zone District
Location: North of and adjacent to Holly Avenue; West and East of Weld County Parkway;
approximately 600-feet south of East 8th Street (CR 60.5)
Parcel Number: 096112000070-R3379986 Legal: PART NW4SW4 SECTION 12,T5N, R65W of the
6th P.M., Weld County, Colorado.
Parcel Number: 096112200013-R8944444 Legal: PART N2 SECTION 12,T5N, R65W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 096101300016-R8944447 Legal: PART S2S2 & N2SE4 SECTION 1,T5N, R65W 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.
n 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.
Sarah Brucker, P.E. 12/13/2019
Signature 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
gCOLORADO
Division of Water Resources
DNR
Department of Natural Resources
December 13 , 2019
Kim Ogle
Weld County Department of Planning Services
Transmission via email : kogle@weldgov . com
Re : J2 Contracting Company — DPG Pit
Case No . USRI9- 0071
Sections 1 , 11 Et 12 , T5 N , R65W, Leh P .M .
Water Division 1 , 'Water Districts 2 Et 3
Dear Mr. Ogle:
We have reviewed the above referenced proposal for a Site Specific Development Plan and Use
by Special Review to allow open mining and processing of minerals on the subject property. The
submitted material does not appear to qualify as a "subdivision " as defined in section 30- 28 - 101 ( 10) (a) ,
c. . S . Therefore, pursuant to the State Engineer ' s March 4, 2005 and March 11 , 2011 memorandums
to county planning directors, this office wilt 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 concerns a proposed aggregate mining operation known as the DPG Pit, which
will be operated under Colorado Division of Reclamation Mining and Safety ( DRMS ) permit no . M- 2019-
028. The site is proposed to be reclaimed for use as lined water storage reservoirs upon completion of
the mining operation . Comments regarding the reclamation permit were provided to the DRMS in a
memo dated June 5 , 2019 . A copy of those comments is attached hereto for your reference .
A slurry wall will be constructed around the Phase 1 mining area perimeter as mining
commences or prior to commencement of mining in Phase 1 , and slurry walls will be constructed around
Phases 2 , 3 , 4 , and 5 prior to mining each of those phases . Groundwater exposed in dewatering
trenches at the site is proposed to be used for dust suppression and washing at the wash plant for
concrete sand and aggregates . In addition , a water truck will be used for dust control/suppression on
haul roads , processing areas, circulation areas, and stockpiles as needed . The site is anticipated to
have a maximum of 20 employees onsite on any given day, with an additional 5 visitors per week .
Bottled water will be provided for domestic use . Portable sanitary facilities will be utilized for the
mining areas , and a vault toilet will be used for the scale house .
The proposed operation will consume groundwater through evaporation of groundwater
exposed in dewatering trenches and settling ponds , water retained in any mined product removed prior
to the installation and provisional approval of the slurry watt ( s) , and water used for dust control and
aggregate washing . According to the permit application submitted to the DRMS, the maximum annual
amount of water to be consumed at the site is estimated to be 55 .05 acre -feet for Phase 1 . The
applicant has indicated that a well permit and substitute water supply plan wilt be obtained for the
site prior to the exposure of any groundwater.
1313 Sherman Street , Room 821 , Denver CO 80203 P 303.866 . 3581 www. colora�do. Qov/rater e�
Ca
Jared S . Polis, Governor Dan Gibbs , Executive Director I Kevin G . Rein , State Engineer/Director * t :
J2 Contracting Company — DPG Pit December 13 , 2019
Case No . USR 9- 00 1 Page 2 of 2
Drainage flows from undisturbed areas of the site will be allowed to follow their historical
pathways . Drainage flows from all disturbed areas will be directed into either the open pit or sediment
settling ponds prior to discharge from the site . Any storm water runoff intercepted by thisoperation
that is not diverted or captured in priority must infiltrate into the ground or be released to the stream
system within 72 hours; otherwise the operator will need to make replacements for evaporation .
Should you or the applicant have any questions regarding this matter, please contact me at
this office .
Sincerely,
771freiLl-?,,adt
Sarah Brucker, P . E .
Water Resources Engineer
Enc: DWR ' s Response to 112c Construction Materials Reclamation Permit Application
Consideration
Cc : Applicant (christeone@j2contracting . com )
Referral file no . 26878
RAC 10 Division of Water Resources
DNR
'"' Department of Natural Resources
Response to 112c Construction Materials Reclamation Permit Application Consideration
DATE : June 5 , 2019
TO : Eric Scott , Environmental Protection Specialist (eric . scott@state. co . us )
FROM: Sarah Brucker, P . E . (0
RE : DPG Pit, File No . M -2019-028
Applicant: J -2 Contracting Co .
Contact: Chris Leone, (970 ) 392 -0694
Sections 1 , 11 a 12 , Twp 5 North , Rng 65 West, 6th P. M. , Weld County
Division 1 , Water Districts 2 a 3
CONDITIONS FOR APPROVAL
Ni The proposed operation will consume groundwater by: ❑ evaporation , Fl dust control,
❑ reclamation , ►sI water removed in the mined product, ❑ processing, ❑ other : .
Prior to initiation of these uses of groundwater, the applicant will need to obtain either a gravel
pit or other type of well permit, as applicable . However, prior to obtaining a permit, an approved
substitute water supply plan or decreed plan for augmentation is required .
N Prior to approving a well permit, the applicant must conduct a field inspection of the site and
document the locations of all wells within 600 feet of the permit area , The applicant must then obtain
a waiver of objection from all well owners with wells within 600 feet of the permit area or request a
hearing before the State Engineer,
N Any storm water runoff intercepted by this operation that is not diverted or captured in priority must
infiltrate into the ground or be released to the stream system within 72 hours . Otherwise, the
operator will be required to make replacements for evaporation .
A A dewatering system well permit must be obtained prior to construction of the perimeter drain .
COMMENTS: The subject application is for a surface mining operation on 228 permitted acres located
approximately two miles northwest of Kersey, Colorado . The primary commodities to be mined at the site are
sand and gravel . The site is proposed to be reclaimed to developed water resources upon completion of this
mining operation .
The site is proposed to be dry mined , with a slurry wall constructed around the perimeter of the Phase 1 and
prior to Phase 2 being mined . The slurry wall will be constructed to meet the SEO 's performance standard .
Dewatering trenches will be excavated around the perimeter of each mining area in Phases 1 - 5 prior to the
commencement of mining. It is expected that minimal dewatering will be required after installation of the
slurry wall. The applicant has indicated that they will obtain a well permit and substitute water supply plan
from this office to prior to exposing any groundwater at the site .
According to Exhibit G , water use at the site will include evaporation from exposed groundwater surface areas ,
dust control , and water retained in the mined material. The consumptive use of groundwater at the site for
evaporation , dust control, and water retained in the mined product was estimated to total 55 . 05 acre-feet per
year for Phase 1 . In addition , the Mining Plan ( Exhibit D ) indicated that an aggregate processing plant,
concrete and asphalt batch plant , and concrete truck washout would be located on the site. The source of
A".oy:, cNip
1313 Sherman Street, Room 821 , Denver, CO 80203 P 303.866. 3581 www. colorado. gov/water'
Jared S . Polls, Governor I Dan Gibbs, Executive Director I Kevin G . Rein , State Engineer/Director * \ ,t .
DPG Pit June 5 , 2019
M-2019-028 Page 2 of 2
water for these uses was not identified . If groundwater will be used for processing, concrete batching, or
truck washing, these uses must be identified and accounted for in the proposed well permit and substitute
water supply plan . If other water will be used for these purposes, the applicant will need to identify the
source of this water and document that the water was obtained from a legal source or diverted in priority
under a water right decreed for such mining/industrial use .
The Applicant intends to use monitoring wells to monitor groundwater levels on and near the site both during
and after mining . A monitoring hole notice acknowledgement or monitoring well permit must be obtained prior
to the construction or installation of any new monitoring holes/ wells at the site .
Recharge ponds and /or ditches may be constructed on site to maintain groundwater levels during mining. If
needed , a perimeter drain may be installed to move groundwater around the mined area after the Liner is
installed . A dewatering system well permit must be obtained from this office prior to the
construction / installation of the perimeter drain .
The Division of Reclamation , Mining and Safety and / or the Applicant may contact the State Engineer's Office
with any questions .
Hello