HomeMy WebLinkAbout20183734.tiffPROJECT:
MEMORANDUM
TO: Kim Ogle
FROM: Diana Aungst, CFM
SUBJECT: USR17-0072, Pioneer Land Company, LLC
DATE: January 8, 2018
A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities
including Open Pit Mining (sand, gravel and stone) and materials processing in the A (Agricultural) Zone
District.
PARCELs: 131101000016, 131112200004, 131112200041, 131112200042, and 131112200044
DELINEATE ON THE PLAT:
1. Show the floodplain boundaries on the map. Label the floodplain boundaries with the FEMA Flood
Zone and FEMA Map Panel Number. (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 -1915E 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)
MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: January 15, 2018
FROM: Hayley Balzano, Public Works
SUBJECT: USR17-0072 Pioneer Land Co
The Weld County Department of Public Works has reviewed this Use by Special Review 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: Gravel, sand, and stone mining
This project is south of County Road 24 and is east of and adjacent to County Road 23.
Parcel(s): 131101000016, 131112200004, 131112200041, 131112200042 & 131112200044.
Access is from CR 23.
ACCESS
The mining access is currently proposed to be located 55 feet south of the County Road 23/County Road
24 intersection. Public Works I would request
that the applicant reconsider the proposed access point south to CR 22.5. Weld County Code Section
12A.3.2 Collector Roadways states "An access or new intersection onto a collector is not permitted unless
it meets the spacing requirements in Table 12A-2 and an alternative access or intersection to a lower
classified road is not feasible."
Due to the offset from County Road 24 at the proposed access, If applicant chooses to proceed with the
proposed request Public Works would request to see access improvement construction drawings.
Commercial accesses are required to be 24-36 feet in width with a 60' turning radii.
There are two existing oil and gas accesses located on County Road 22.5. One is located approx. 1370
feet west of the intersection with County Road 25 and one is located at County Road 25.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/.
ROADS AND RIGHTS -OF -WAY
County Road 24 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 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.
County Road 23 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 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.
County Road 22.5 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.
[DA21
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/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 CR 23, south of CR 24 counted 1521 vpd with 22% trucks.
Latest ADT on CR 23, north of CR 24 counted 715 vpd with 24% trucks.
Latest ADT on CR 24 counted 1282 vpd with 23% trucks.
Latest ADT on CR 22.5 counted 90 vpd with 16% trucks.
The Traffic Impact Study submitted with the application indicated that there will be approximately 212 truck
trips and 66 passenger vehicles per day. The study assumes that truck traffic is 6% of the traffic on County
Road 23 and County Road 24. This does not align with Weld County ADTs. Passenger vehicles peak hour
information is required for Public Works to understand how this may impact traffic at County Road 23 and
County Road 24.
The Traffic Impact Study includes the possibility of concrete and asphalt batch plants. These were not
included in the USR. In the future, if the USR is amended to include these facilities, an updated Traffic
Impact Study may be required at that time.
TRACKING CONTROL POLICY
According to the application, the access is proposed to be paved. This detail shall be shown in the proposed
access improvements construction drawings. Access onto paved roads requires either a
tracking control device and 100 feet of asphalt OR 300 feet of lasphaltDA31.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
If the access on County Road 23 is approved, Public Works is requiring an Improvements Agreement for
off -site improvements that will include the addition of a left hand turn lane on northbound County Road 23,
a right hand turn lane on eastbound County Road 24, and a road maintenance agreement. Auxiliary lane
requirements are due to existing traffic counts as well as the offset of the proposed access from County
Road 24. Public works is reviewing the improvements that would be required if the access is to be located
on County Road 22.5
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
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. 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.
Drainage Requirements:
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
This area IS within a Non -Urbanizing Drainage Area:
Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling
on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year
storm falling on the undeveloped site for NON -URBANIZING areas.
Detention pond waived and a simple drainage narrative:
The applicant has submitted a Drainage Report indicating that the site meets exception 1.a.6 for gravel pits
if the stormwater drains into the pits. If the applicant is proposing the addition of a concrete and asphalt
batch plant, drainage requirements may change.
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.
Contact the Planning Department for more information. 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 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 Planning
Department 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, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This site is in a FEMA regulatory floodplain. The applicant has applied for a Flood Hazard Development
Permit.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for off -site improvements
. Road maintenance including, but not limited to dust control, tracking control, damage
repair, specified haul routes and future traffic triggers for improvements will be included. (Department
of Public Works)
B. The applicant shall submit proposed access improvements construction drawings to Public Works prior
to recording the USR Map. (Department of Public Works)
C. The plan shall be amended to delineate the following:
1. County Road 22.5 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)
2. County Road 24 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
3. County Road 23 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Wo rkSs[DA41)
4. Show and label the approved access locations, 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)
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. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Planning Services -Engineer)
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 100 feet of recycled asphalt or road base OR 300 feet of asphalt
for tracking control. (Department of Public Works)
B. If more than one (1) acre is to be disturbed for construction of non -gravel pit items, a Weld County
grading permit will be required. (Department of Planning Services -Engineer)
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 shall control noxious weeds on the site. (Department of Public Works)
2. The access on 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 historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
6. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
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 12, 2018
Re: USR17-0072 Northern Colorado Constructors
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Special Review Permit for Open Pit Mining (sand, gravel and
stone) and materials processing.
As this is a temporary use, portable toilets and bottled water are acceptable for sanitary
uses.
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 fuel storage on site within secondary containment. The application
indicates an SPCC plan will be available 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/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9/0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
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. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
10. If applicable, the operation shall obtain a stormwater or other discharge permits
from the Colorado Department of Public Health & Environment, Water Quality
Control Division.
11.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
12.The operation shall comply with the Mine Safety and Health Act (MSHA).
13.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
14.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
December 18, 2017
The Weld County Department of Planning Services has received the following item for review:
Applicant: Pioneer Land Company, LLC, clo Northern Case Number: USR17-0072
Colorado Constructors, Inc.
Please Reply By: January 15, 2018 Planner: Kim Ogle
Project: Open Pit Mining (sand, gravel and stone) and materials processing
Location: East of and adjacent to CR 23; 0.75 miles south of CR 26; 0.5 miles north of CR 22
Parcel Number: 131101000016-R5358886 Legal: SW4SE4 SECTION 1, T2N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200004-R4700407 Legal: PART N2 SECTION 12, T2N, R67W LOT A REC
EXEMPT RE 4439 OF THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200044-R6779890 Legal: PART N2 SECTION 12, T2N, R67W LOT B AM D
REC EXEMPT AMRE-4439 OF THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200042-R4490106 Legal: PART NW4 SECTION 12, T2N, R67W LOT B REC
EXEMPT RE -4429 OF THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200041-R4490006 Legal: PART NW4 SECTION 12, T2N, R67W LOT A REC
EXEMPT RE -4429 OF THE 6TH P.M., WELD COUNTY, COLORADO.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached later. GIS image showing existing OH and UG electric lines in the area. We have no objection
as long as there is no negative effect/impact to electric facilities. Thank you.
Marisa Dale 12/19/2017
Signature Date
Agency
United Power, Inc.
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
Submit by Email
Weld County Referral
December 18, 2017
The Weld County Department of Planning Services has received the following item for review:
Applicant: Pioneer Land Company, LLC, c/o Northern Case Number: USR17-0072
Colorado Constructors, Inc.
Please Reply By: January 15, 2018 Planner: Kim Ogle
Project: Open Pit Mining (sand, gravel and stone) and materials processing
Location: East of and adjacent to CR 23; 0.75 miles south of CR 26; 0.5 miles north of CR 22
Parcel Number: 131101000016-R5358886 Legal: SW4SE4 SECTION 1, T2N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200004-R4700407 Legal: PART N2 SECTION 12, T2N, R67W LOT A REC
EXEMPT RE 4439 OF THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200044-R6779890 Legal: PART N2 SECTION 12, T2N, R67W LOT B AMD
REC EXEMPT AMRE-4439 OF THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200042-R4490106 Legal: PART NW4 SECTION 12, T2N, R67W LOT B REC
EXEMPT RE -4429 OF THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 131112200041-R4490006 Legal: PART NW4 SECTION 12, T2N, R67W LOTA REC
EXEMPT RE -4429 OF THE 6TH P.M., WELD COUNTY, COLORADO.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests. See comments below
See attached letter.
s/Alyssa Knutson 12/26/2017
Signature Date
Agency
The City of Fort Lupton has had numerous conversations with the property owners concerning the potential
annexation and understand the property owners do not wish to annex at this time. This site is within our
comprehensive plan area. The future right of ways for County Road 22.5 is 110 feet and County Road 23 is
120 feet. We request the future right of way be taken into consideration. and the applicant should contact
Public Works to discuss impacts to County Road 18
City of Fort Lupton
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax
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