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HomeMy WebLinkAbout20191076.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Hayley Balzano, Public Works DATE: November 7, 2018 SUBJECT: USR18-0105 Hunt Farms Dirt Pit 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 a mineral resource development including open pit mining (overburden, sands, and gravel), and materials processing in the A (Agricultural) Zone District This project is north of and adjacent to CR 36 and is on both sides of Highway 85. Parcel number 121106400053, 121106400055, & 121106400056. Access is from CR 36 and SH 60. ACCESS Weld County Public Works has reviewed the application materials related to access, and the applicant is proposing the use of one existing access on SH60 north of Highway 85, and the use of another existing access point on County Road 36 approximately 350 feet east of the Union Pacific Railroad crossing. Public Works is requiring that the access be moved approx. 70 feet to the east to line up with an oil and gas access on the south side of County Road 36. No accesses are proposed on County Road 25.5 or on County Road 36 on the west side of Highway 85. Per Chapter 12, Article 5, Section 12-5-30, 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 Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 36 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and 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, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 25.5 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and 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, Chapter 23, Article III, Section 23-3-50, 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 Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any additional requirements that may be needed. (State Highway 60, US Highway 85) The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85 between 1-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance with the requirements. More information about this study can be accessed at: https://www.codot.gov/projects/us85pe1. Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https ://www.weldgov. com/d epartments/publicworks/perm its/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC Latest ADT on CR 36 counted 151 vpd with 34% trucks. The 85' percentile speed is 51 mph. The traffic information submitted with the application materials indicated that there will be approximately 60 truck daily roundtrips. TRACKING CONTROL POLICY Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility requires that the access on County Road 36 have permanent tracking control consisting of a tracking control device and a minimum of 300 feet of recycled asphalt or road base. 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 devices can be double cattle guards or rip rap (6" washed rock). A variance request for alternatives to the tracking control requirement can be submitted to Public Works for review and consideration. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works is requiring an Improvements Agreement for road maintenance and future improvement triggers.. It will detail the approved haul route(s), outline when off -site improvements will be triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldqov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/sprusr.pdf DRAINAGE REQUIREMENTS This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception 23-12- 30.F.1.a.6 for gravel pits if the stormwater drains into the gravel pit. The application material indicates that the runoff amounts leaving the site will not be changed by the mining operation. 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 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 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. County Road 36 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. County Road 25.5 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 4. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 5. Show and label the approved tracking control on the site plan. (Department of Public Works) 6. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 7. Show and label the drainage flow arrows. (Department of Public Works) 8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base. (Department of Public Works) B. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area, a Weld County grading permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 6. The Improvements Agreement for this site shall be reviewed on an annual basis, including 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) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Dianna Aungst From: Ben Frissell, Environmental Health Services Date: October 26, 2018 Re: USR18-0105 Hunt Water, LLC Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a mineral resource development including open pit mining (overburden, sands, and gravel), and materials processing in the A (Agricultural) Zone District Since the applicant is proposing a gravel mine and is a temporary use, bottled water and portable toilets are proposed. This is acceptable per policy. Noise is restricted to the level allowed in the industrial zone district. Dust abatement will consist of utilizing a water truck, reduced speed limits and covering loads. An air emission permit was submitted with the application. There will be no fuel storage or washing of vehicles on site 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. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-6412 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: `.10-301-6,1 16 Environmental Health Communication, Services Education & Planning Tele:970-304-6415 Tele:970-304-6470 Fux: 970-304-6411 Fax. 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6462 Public Health 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 6. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. 7. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that prevents nuisance conditions. 8. 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 and shall contain hand sanitizers. 9. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado Department of Public Health & Environment, Water Quality Control Division. 10.The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 11.The operation shall comply with the Mine Safety and Health Act (MSHA). 12.The facility shall notify the County of any revocation and/or suspension of any State issued permit. 13.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. From: townadministrator@townofgilcrest.org <townadministrator@townofgilcrest.org> Sent: Thursday, January 31, 2019 3:29 PM To: Kim Ogle <kogle@weldgov.com> Cc: Kristine Ranslem <kranslem@weldgov.com> Subject: RE: HUNT WATER LLC Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Chris, I left you a voice mail earlier today noting that I spoke with David Hunt today. I was looking at the incorrect location of the project. It appears that it is not in the joint planning area with Platteville. I think a portion is in the 3 mile area but I'm thinking that Gilcrest won't offer a comment since it is so far past the comment deadline. Maybe you can give me a call on Friday we can discuss further. I'm not as concerned with the project as I am with making sure all the referrals are being sent properly. There may be things in the future that would adversely affect Gilcrest so we would want to comment on those. Thanks Kim, Trudy Original Message From: Kim Ogle <kogle@weldgov.com> Sent: Thursday, January 31, 2019 1:02 PM To: townadministrator@townofgilcrest.org Cc: Kristine Ranslem <kranslem@weldgov.com> Subject: HUNT WATER LLC Hello Trudy, I have attached a copy of maps that are associated with this land use project. In taking up the project from a fellow planner I noted that the Town was not sent a referral and therefore the reason for the notice a few weeks ago. Attached are some documents that may better explain the proposal. If you have questions I will be back in the office on Friday February 1, 2019. Thank you Kim Ogle Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.3549 Direct 970.353.6100 x 3540 Office kogle@weldgov.com <mailto:kogle@weldgov.com> COLORADO Division of Water Resources Department of Natural Resources October 12, 2018 Diana Aungst Weld County Department of Building and Planning Services Transmitted via email: daungst@weldgov.us Re: Hunt Water LLC- Site Specific Development Plan and Use by Special Review Case no. USR18-0105 SE1 /4, Sec. 6, T3N, R66W, 6th P.M. Water Division 1, Water District 2 Dear Ms. Aungst, John W. Hickenlooper Governor Robert Randall Executive Director Kevin Rein, P.E. Director/State Engineer This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the submitted information, the Applicant is seeking a site specific development plan and use by special review for a mineral resource development including open pit and material processing in the Agricultural (A) Zone District. The mine site is known as the Hunt Gravel Mine and is permitted by the Division Reclamation Mining and Safety ("DRMS") under permit no. M 2018-027. According to information from the DRMS Permit file, the mining plan calls for excavation to remove aggregate from approximately 10 feet to 15 feet and is anticipated to occur above the ground water table. We note that the site is located approximately 2.25 miles south of the Town of Gilcrest, where shallow ground water is known to be present, therefore we expect that ground water may be exposed at the site. In the event that ground water is exposed at the site the Applicant must obtain a well permit and a substitute water supply plan or a decreed plan for augmentation prior to exposing any ground water. A continuous soil/bentonite slurry wall will be constructed around the perimeter of the mine site prior to mining. The site is proposed to be reclaimed for water resources storage of decreed water rights. In order for the proposed reservoir to be approved for water storage the operator must perform a slurry wall liner leak test in accordance with the August 1999 State Engineer Guidelines for Lining Criteria for Gravel Pits. In addition, if stormwater 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 to make replacements for evaporation. Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581 x8246. Sincerely, irkittayeet4 for Joanna Williams, P.E. Water Resource Engineer Ec: Project No. 25223 Office of the State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state. co. us From: Mattson - CDOT, Allyson <allyson.mattson@state.co.us> Sent: Friday, January 18, 2019 9:08 AM To: Kristine Ranslem <kranslem@weldgov.com>; gail@townofgilcrest.org; trudy@townofgilcrest.org; Timothy Bilobran - CDOT <timothy.bilobran@state.co.us>; stcassidy@up.com; smmcgill@up.com Cc: Kim Ogle <kogle@weldgov.com> Subject: USR18-0105/Hunt Water, LLC Gravel Mine/Gilcrest/SH 60 & SH 85 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. The site has previously been reviewed by CDOT and no highway improvements were warranted. Two access permits for SH 60 and SH 85 have been sent by CDOT to the applicant and CDOT has not yet received the returned signed permits. Thank you, Allyson Mattson Assistant Access Manager, Outdoor Advertising Inspector - Traffic COLORADO Department of Transportation 72crc„ P 970 350 2148 C 970 381 8995 10601 West 10th Street, Greeley, CO 80634 allyson.mattson@state.co.us I http://codot.gov/ I www.cotrip.org Hello