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Home My WebLink About20180008.tiffMEMORANDUM TO: Kim Ogle, Planning Services DATE: October 20, 2017 FROM: Hayley Balzano, E.I., Development Engineer SUBJECT: USR17-0054 Lee The Weld County Department of Planning Services -Engineering 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: Aggregate Mining This project is east of and adjacent to County Road 13 and is south of Highway 392. Parcel number: 080719200054, 080719200056 & 080719200058 Drainage Requirements: Please contact Department of Planning Services/Engineering Development Review for questions or assistance for drainage requirements at 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: 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 exception 1.a.6 for gravel pits where the stormwater drains into the pit. MS4: This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific water quality requirements or other drainage improvements. In addition to compliance with applicable Weld County regulations, property owner is required to be compliant with any additional M54 requirements. Questions pertaining to the M54 requirements should be directed to the Public Works Department 970- 304-6496. Grading Permit If more than 1 acre is to be disturbed for construction of non -pipeline or 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 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. A flood hazard development permit is required for any development in the floodplain. Contact the floodplain planner Diana Aungst at 970-353-6100. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) Prior to Construction: A. If more than one (1) acre is to be disturbed for construction of non -pipeline or non -gravel pit items such as structures, parking lots, laydown yards etc..., a Weld County grading permit will be required. (Department of Planning Services -Engineer) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 2. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) MEMORANDUM TO: Kim Ogle, Planning Services DATE: October 17, 2017 FROM: Evan Pinkham, Public Works SUBJECT: USR17-0054 Lee 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 Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing in the A (Agricultural) Zone District. This project is east of and adjacent to CR 13 and is south of Highway 392. Parcel number 080719200054. Access is from CR 13. ROADS AND RIGHTS -OF -WAY This portion of County Road 13 is under the jurisdiction of the City or Town (municipality) of Windsor. The municipality has jurisdiction over access to the road. Please contact the municipality to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. 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. CONDITIONS OF APPROVAL A. The plan shall be amended to delineate the following: 1. Show the approved Municipality of Windsor access(es) on the site plan and label with the approved access permit number if applicable. (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) 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: October 19, 2017 Re: USR17-0054 Bestway Concrete Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone) in the A (Agricultural) Zone District. As this is a temporary use, portable toilets and bottled water are acceptable for sanitary uses. The mined material will be transported by a conveyor to the adjacent La Poudre Mine for crushing and processing. There will be no fuel storage or washing on this site. Dust control will be thru watering, as necessary. An air emissions permit (APEN) and discharge permit have been obtained by the applicant. Noise will be restricted to the level allowed in the industrial zone district. 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 lot: 9/U 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9i0-301-64 16 Environmental Health Communication, Services Education & Planning Tele:970-304-6415 Tele:970-.304-6470 Fux: 970-304-6411 Fox. 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6452 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 facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. 6. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that prevents nuisance conditions. 7. 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. 8. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 9. The operation shall comply with the Mine Safety and Health Act (MSHA). 10. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. PROJECT: MEMORANDUM TO: Kim Ogle FROM: Diana Aungst, CFM SUBJECT: USR17-0054, Jonathan Lee DATE: September 27, 2017 A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing in the A (Agricultural) Zone District. PARCEL: 0807-1920-0054 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 -1480E effective date January 20, 2016 (Cache la Poudre 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) TWINDSOR COLORADO October 17, 2017 Mr. Tom Parko, Director of Planning Services Weld County Planning Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Subject: Referral for USR17-0054 - Lee Amendment - Bestway La Poudre Pit (32744 County Road 13) Dear Mr. Parko, The Town has reviewed this referral in accordance with the Weld County -Windsor Coordinated Planning Agreement (CPA), and has included recommendations for your consideration regarding the proposed USR amendment for gravel mining. The property is located within the Town of Windsor's Growth Management Area (GMA) and per the Town's Comprehensive Plan, the Land Use Plan depicts this area as "Park/Open Space" with General Commercial to the north and Park/Open Space and Single Family Residential to the west, east and south. The property is eligible for annexation and Town infrastructure is available in this area. Section 16-7-70 of the Windsor Municipal Code requires conditional use grant approval for open or surface mining operations for development or extraction of solid materials. A portion of this operation is located within the Town of Windsor's corporate limits and would require public hearings and a Windsor Planning Commission recommendation to Town Board for formal approval. The Town and Bestway Concrete & Aggregates have been in recent contact to discuss the following areas of interest, and these items should be addressed in the Conditional Use Grant application with the Town, and should be considered with the subject Weld USR application. Pursuant to the Coordinated Planning Agreement (CPA) between Weld County and Windsor, the Planning Commission recommends the following to Weld County regarding the subject proposal: (1) Drainage The subject property is located at the southeast corner of SH 392 (Main Street) and WCR 13 (County Line Road). There are two (2) culverts under SH 392 approximately 1,175 feet east of the intersection of SH 392 and WCR 13 that are intended to accept historic drainage of storm water from the ditch along the north side of SH 392. Therefore, it is respectfully recommended that perpetual maintenance of such drainage facilities be required as a condition of the USR amendment. Additionally, the drainage should be maintained through the site area and upstream drainage ditch at all times, including mining and reclamation. 301 Walnut Street • Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456 www.windsorgov.com Page 2 (2) Floodplain & Floodway The entire site is located in the Floodway and minimum State standards for Floodways need to be met: Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No -Rise Certification) in flood levels during the occurrence of the base flood discharge. (3) Streets and Utilities WCR 13 is classified as an Arterial Street with an ultimate right-of-way width of 65 feet east of the section line (130' total). The existing ROW varies from 35 feet to 45 feet. We respectfully request that the proposed mine area maintain a minimum 65 feet plus an additional 20 feet for utilities from the section line. Auxiliary lanes on WCR 13 (County Line Road) may also be necessary to accommodate truck turning movements entering and leaving the subject property. A traffic engineer will need to determine if northbound deceleration and acceleration lanes are needed. At a minimum, widening of WCR 13 to include a left -turn lane into the property needs to be included. Road improvement plans for all necessary road work needs to be included. The Town's Streets Criteria states the following: Exclusive Left Turn Lanes. Exclusive left turn lanes shall be provided on all arterial streets and other streets wherever left turn lanes are specified as needed by an access plan, required by these Standards or warranted and approved by the Town Engineer. (4) Haul Routes/Truck Traffic/Auxiliary Lanes A haul route plan and traffic study, including anticipated traffic turning volumes should be included. Concrete mixer trucks obviously need to be able to deliver concrete to various job sites and projects; however, the "belly dump" trucks that are currently bringing materials from off -site locations for processing at the subject property are creating negative impacts on Main Street (SH 392). The Town is currently working with Bestway to determine an alternate haul route that will reduce impacts to Main Street. (5) Interim Landscape Treatment Given the prominent location of the subject property and the long-term plans to continue mining and concrete production activities, the Town respectfully recommends that some level of interim landscape improvements along Main Street (SH 392) be installed to screen some of these industrial activities. It would be preferable that the mining operation be phased so that mining of the areas adjacent to Main Street are completed in the initial phases so that reclamation and landscaping adjacent to Main Street could be completed early while the remainder of the mining is being completed. (6) Adherence to the CPA design standards, as adopted between Windsor and Weld County. TWINDSOR COLORADO (7) Address redlined site plan comments. Thank you for the opportunity to review the USR referral for the subject property. Please let me know if you have any questions. Sincerely, CLi�-. .� Scott Ballstadt, AICP Director of Planning sbal Istadtnwi ndsorgov. corn Enclosure: Redlined site plan comments pc: Windsor Planning Windsor Engineering 301 Walnut Street • Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456 www.windsorgov.com Submit by Email Weld County Referral September 22, 2017 The Weld County Department of Planning Services has received the following item for review: Applicant: Jessica Lee, do Bestway Concrete Case Number: USR17-0054 Please Reply By: October 20, 2017 Planner: Kim Ogle Project: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing in the A (Agricultural) Zone District. Location: South of and adjacent to State highway 392; east of and adjacent to County Road 13 Parcel Number: 080719200054-R1218996 Legal: PART NW4 SECTION 19, T6N, R67W LOT B REC EXEMPT RE -1802 OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 080719200058-R6778635 Legal: PART NW4 SECTION 19, T6N, R67W LOT REC EXEMPT RE -1802 OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 080719200056-R6778633 Legal: PART NW4NW4 SECTION 19, T6N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Sarah Brucker, P.E. Colorado Division of Water Resources 10/13/2017 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax COLORADO 115.'1- 1e.3rl 1) :iL !7 1313 Sherman Street, Room 821 Denver, CO 80203 October 13, 2017 Kim Ogle Weld County Department of Planning Services Transmission via email: kogle@weldgov.com Re: Lee Parcel Case No. USR17-0054 Pt. NW'/a Section 19, T6N, R67W, 6th P.M. Water Division 1, Water District 3 Dear Mr. Ogle: We have reviewed the above referenced application for a Use by Special Review (Mining Operation) to allow for mining operations on 19.7 acres currently zoned Agricultural. The submitted material does not appear to qualify as a "subdivision" as defined in 5 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The Lee Parcel is included in the Poudre Pits Aggregate Mine Substitute Water Supply Plan (SWSP), currently valid through December 31, 2017. A request for renewal of the SWSP is due November 1, 2017. The site must continue to be included in an approved SWSP or decreed plan for augmentation for as long as lagged depletions resulting from mining operations at the site continue to impact the stream system. So long as mining operations are conducted in accordance with the approved substitute water supply plan and well permit for the site, this office has no objection to the proposal. Should you or the applicant have any questions regarding this matter, please contact me at this office. Sincerely, 7 -• .../,5 \_ - _Y, Sarah Brucker, P.E. Water Resources Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state.co.us .t . • Hello