HomeMy WebLinkAbout20170108MEMORANDUM
TO: Diana Aungst, Planning Services
DATE: October 6, 2016
FROM: Hayley Brown, E.I., Development Engineer
SUBJECT: USR16-0034 Regional Transportation
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: Valley's Edge Resource Gravel Pit
This project is east of and adjacent to Denver Ave (CR25.8) and is north of CR6.
Parcel number: 147120000033, 147120000023, 147120300008
Access:
Show and label a 30 ft. minimum joint access and utility easement to provide legal access and utilities to
the parcel.
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:
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:
A drainage narrative is required and full drainage report and detention pond waived if the site qualifies for
an exception to detention requirements listed below.
The drainage narrative must include at the minimum:
1. Description which exception is being applied for and supporting rationale
2. Where the water originates if it flows onto the property from an offsite source
3. Where it flows to as it leaves the property
4. The direction of flow across the property
5. If there have been previous drainage problems with the property
Exceptions.
1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and
welfare of public and private property. Exceptions shall be supported with a drainage
narrative.
a. No stormwater detention will be required for sites that meet any of the following
conditions. Requirements of the Municipal Separate Storm Sewer System (MS4)
areas remain applicable.
6) Gravel pits if the stormwater drains into the gravel pit.
8) Development of sites where the change of use does not increase the
imperviousness of the site.
The applicant has submitted a Drainage Narrative stating that they will be meeting exceptions 1.A.6 for
gravel pits if the stormwater drains into the gravel pit and 1.A.8 for development of sites where the change
of use does not increase the imperviousness of the site.
MS4:
This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized
area with state mandated, higher water quality requirements
Grading Permit
A Weld County Grading Permit may be required for over one (1) acre of ground disturbed for construction
of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other
construction not directly in the mined area.
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 a
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 area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel
on the site plan. (Department of Planning Services -Engineer)
2. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
3. 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. If more than one (1) acre is to be disturbed for construction of non -gravel pit items such as roads,
driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not
directly in the mined area, 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)
3. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological Survey.
(Planning and Engineering)
r1
couNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: October 6, 2016
Re: USR16-0034 Regional Transportation District
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 (sand,
gravel and stone) and materials processing including stockpiling,
crushing, screening, recycling operations and importing of raw and
recycled materials in the 1-3 (Industrial) Zone District
As this is a temporary use, portable toilets and bottled water are acceptable for
sanitary uses.
Noise will be restricted to the level allowed in the industrial zone district.
The State does not require registration of aboveground fuel storage tanks
associated with gravel pits as long as the following requirement is adhered to:
"Aboveground storage tanks used to store flammable and combustible liquids at
mining facilities and construction and earthmoving projects, including gravel pits,
quarries, and borrow pits where, in the opinion of the state inspector of oils, tight
control by the owner or contractor and isolation from other structures make it
unnecessary to meet the requirements of this article." All fuel tanks shall be
contained within a secondary containment berm.
Environmental Health Services recommends 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.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
lobo: 9/0 :304 6420
Fax: 9,10-304-64I6
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox. 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
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 applicant shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code.
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 comply with the Air Pollution Emission Notice
(A.P.E.N.) permit requirements as stipulated by 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. Adequate drinking, hand washing and toilet facilities shall be provided
for employees and the public, at all times. Portable toilets and bottled
water are acceptable. 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
State and Federal agencies and the Weld County Code.
MEMORANDUM
TO: Diana Aungst, Planning Services DATE: October 6, 2016
FROM: Janet Lundquist, Public Works
SUBJECT: USR16-0034 Brannan Sand and Gravel LLC
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 (sand, gravel and stone) and materials processing
including stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials
in the 1-3 (Industrial) Zone District
This project is east of and adjacent to Denver Avenue and is south of CR 8. Parcel numbers 147120300008,
147120000023 and 147120000033.
Access is from CR 8.
Roads:
CR 8 is owned and maintained by the Town/City (Municipality) of Fort Lupton. The Municipality has
jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the access permit
or for any additional requirement that may be needed to obtain or upgrade the permit.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. Show the approved Municipality of Fort Lupton 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)
Diana Aungst
Subject: FW: USR16-0034 Referral
From: Randy Ray [mailto:rray@ccwcd.org]
Sent: Friday, September 09, 2016 4:14 PM
To: Kristine Ranslem <kranslem@co.weld.co.us>
Subject: RE: USR16-0034 Referral
Kristine,
In the materials for USR16-0034, I see that the depletions for the proposed gravel pit are proposed to be
augmented with either 35 shares of Fulton or the Class D Water Allotment contracts from CCWCD. The
Central water allotment contracts are for non -irrigation as mentioned in the DMG Permit, but not for
augmentation of a gravel pit. The contractual use under the allotment contract from Central is for livestock
watering. RTD will need to work this out if they intend to use water from Central.
Randy
i
Submit by Email
Weld County Referral
September 08, 2016
The Weld County Department of Planning Services has received the following item for review:
Applicant: REGIONAL TRANSPORTATION DISTRICT Case Number: USR16-0034
Please Reply By: October 6, 2016 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development including open pit mining (sand, gravel and stone) and materials processing including
stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the
1-3 (Industrial) Zone District
Location: North of and adjacent to CR 6.25 and approximately 0.25 miles west of CR 29
Parcel Number: 147120000023-R6247086 Legal: SW4NE4/NW4SE4 SECTION 20, T1N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 147120300008-R6776750 Legal: N2SW4 SECTION 20, T1N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Parcel Number: 147120000033-R6247786 Legal: S2NW4 SECTION 20, T1N, R66W 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
Signature
Agency
Fort Lupton Fire Protection District
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.
Randall S. Weigum Date 9/28/2016
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax
FORT LU PION
IRE: -
rHOTLC I ION DINTEIICT
Date: 9/28/2016
Project name: USR16-0034 Gravel Mining Operation
Project address: North of and adjacent to CR 6.25 and approximately 0.25 miles west of
CR 29
FLFPD Project #2016-097
Plan reviewer: Randall S. Weigum
The Fire District has reviewed the submitted USR plans for the gravel mining operation. The plans
were reviewed for compliance with 2012 International Fire Code (IFC) as adopted by the Fort
Lupton Fire Protection District and the Weld County Commissioners. The USR plans are approved
with the following requirements and conditions.
1. The 20' wide access road (fire apparatus access) shall provide for all-weather driving
capability. The Fort Lupton Fire Protection District accepts gravel, recycled asphalt
or road base for all-weather driving capability. The vertical clearance on all tire
apparatus access roads shall be 13'6". 2012 IFC 503.2.1 and 503.2.3
2. Dead-end fire apparatus access roads in excess of 150' in length shall be provided with
an approved area for turning around fire apparatus. See the attached Appendix D for
acceptable turnarounds. 20U IFC 503.2.5 and Appendix D
3. Turning radius of the fire apparatus access road shall meet the attached Tower turning
radius. 2012 IFC 503.2.4
4. The Fort Lupton Fire Protection District requests that the address for the facility be
address off of CR 8 to facilitate emergency respond. The address to the facility shall
be placed at the entrance off of CR 8 and shall be a minimum 4" high with a minimum
stroke width of 0.5 inch. These number shall contrast with their background. 2012
IFC 505.1
5. The installation of security gates across a fire apparatus access road shall be a minimum
of 20' wide and approved by the Fire Chief. Where security gates are installed, they
shall have an approved means of emergency operations (See comment 6). If the gate
has electric gate operators, the operators shall be in accordance with UL 325. Gates
intended for automatic operation shall be designed, constructed and installed to comply
with the requirements of ASTME F2200. 2012 IFC 503.6
Page 1 of 2
FORT LU PION
IRE: -
PHOTLCI ION DINTEIICT
6. A Knox Box Series 3200 Knox Box shall be installed at the gate to allow fire apparatus
to access the property when an emergency occurs after hours. 2012 IFC 506.1
7. Gate, turnaround, aboveground fuel tank and road construction plans for the facility
shall be submitted to the Fort Lupton Fire Protection District. The plan review process,
plan review application, and plan review fee schedule for the Fort Lupton Fire
Protection District may be found at:
Mips::,'`lortluptonlirc.oruldircctions-lor-plan-rcvicw-submittaIs.
Page 2 of 2
Turning Performance Analysis
12/6/2012
Bid Number: 299
Department:
Chassis: Arrow -XT Chassis, PAP/SkyArm/Midmount MUX, 2010
Body: Aerial, Platform 100', Alum Body
Additional Bumper Depth
Chassis Overhang
Wheelbase ,'
r
Inside Turning Radius
Axle Track
Wheel Offset
Cramp Angle
Tread Width
Parameters:
Inside Cramp Angle:
Axle Track:
Wheel Offset:
Tread Width:
Chassis Overhang:
Additional Bumper Depth:
Front Overhang:
Wheelbase:
Calculated Turning Radii:
Inside Turn:
Curb to curb:
Wall to wall:
Comments:
a
45
82.92 in.
5.25 in.
17.4 in.
68.99 in.
19 in.
156.6 in.
247 in.
19 ft. 5in.
35 ft. 6 in.
44 ft. 2 in.
CategorylD Category Description
OptionCode OptionDescription
6
30
31
38
437
Axle, Front, Custom
Wheels, Front
Tires, Front
Bumpers
Aerial Devices
0018453 Axle, Front, Oshkosh TAK-4, Non Drive, 22,800 lb,
DLX/Enf/Qtm/AXT
0001656 Wheels, Front, 22.50" x 12.25", Steel, Hub Pilot
0594821 Tires, Front, Goodyear, G296 MSA, 425/65R22.50, 20 ply
0550016 Bumper, 19" Extended, AXT, Dash CF
0592931 Aerial, 100' Pierce Platform, 50 MPH Wind Rating, 150lb
Tip Load Allowance
Notes:
Actual Inside Cramp Angle may be less due to highly specialized options.
Curb to Curb turning radius calculated for a 9.00 inch curb.
Turning Performance Analysis
12/6/2012
Bid Number: 299
Department:
Chassis: Arrow -XT Chassis, PAP/SkyArm/Midmount MUX, 2010
Body: Aerial, Platform 100', Alum Body
Definitions:
Inside Cramp Angle
Axle Track
Wheel Offset
Tread Width
Chassis Overhang
Additional Bumper Depth
Wheelbase
Inside Turning Radius
Curb to Curb Turning Radius
Wall to Wall Turning Radius
Maximum turning angle of the front inside tire.
King -pin to King -pin distance of the front axle.
Offset from the center -line of the wheel to the king -pin.
Width of the tire tread.
Distance of the center -line of the front axle to the front edge of the cab. This does not include the
bumper depth.
Depth that the bumper assembly adds to the front overhang.
Distance between the center lines of the vehicle's front and rear axles.
Radius of the smallest circle around which the vehicle can turn.
Radius of the smallest circle inside of which the vehicle's tires can turn. This measurement assumes
a curb height of 9 inches.
Radius of the smallest circle inside of which the entire vehicle can turn. This measurement takes into
account any front overhang due to chassis,bumper extensions and/or aerial devices.
Appendix D:
Fire Apparatus Access Roads
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
General Comments
Fire apparatus access is absolutely essential to suc-
cessful fire fighting and rescue operations. Fire depart-
ment vehicles vary widely in size and operational needs
and must be able to maneuver into position to properly
undertake their fire -fighting activities. The needs of each
jurisdiction will therefore vary with the equipment used.
Needs assessment should also include consideration of
mutual -aid companies that may respond from outside
the jurisdiction. Access roads must be designed to pro-
vide the fire department with the required access to all
structures on a site.
Purpose
This appendix contains more detailed elements for use
with the basic access requirements found in Section
503. Section 503 gives some minimum criteria, such as
a maximum distance of 150 feet (45 720 mm) and a
minimum width of 20 feet (6090 mm), but in many cases
Section 503 does not state specific criteria. For exam-
ple, what specific load should a fire apparatus access
road be able to carry and what specific grade is
allowed? Section 503 cannot go into this level of detail
because the needs vary widely from one jurisdiction to
another. This appendix, like Appendices B and C, is a
tool for jurisdictions looking for guidance in establishing
access requirements.
Some of the other requirements found in this appen-
dix address access layouts for multiple -family residen-
tial developments and large one- and two-family
subdivisions. Also, specific examples for various types
of turnarounds for fire department apparatus and park-
ing regulation signage are included.
SECTION D101
GENERAL
D101.1 Scope. Fire apparatus access roads shall be in accor-
dance with this appendix and all other applicable require-
ments of the International Fire Code.
❖ If this appendix has been adopted by a jurisdiction,
this particular section simply states that all fire appa-
ratus access roads must meet the requirements of
this appendix and other applicable requirements.
More specifically, Section 503 would also apply.
Be aware that essentially all roads leading to a par-
ticular building or facility, whether public or private,
are fire apparatus access roads. Generally, the
requirements of this appendix and Section 503 would
be required only for new buildings and facilities. How-
ever, in some cases, improvements to existing roads
and access ways may be necessary to meet the
needs of the fire department.
Note that the appendix applies only if specifically
adopted by ordinance by a jurisdiction. See the com-
mentary to Sections 102.5 and 507.1 for a discussion
of this appendix's application (if adopted) to buildings
constructed under the International Residential
Code® (IRC®),
SECTION D102
REQUIRED ACCESS
D102.1 Access and loading. Facilities, buildings or portions
of buildings hereafter constructed shall be accessible to fire
department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driv-
ing surface capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds (34 050 kg).
❖ This section contains more detailed specifications for
the road surface and applied loads. In Section 503, it
simply states that the road must be able to withstand
the loads and be of "all-weather driving capability."
This section states that the surface be of asphalt,
concrete or other approved material and be able to
withstand a load of 75,000 pounds (34 050 kg).
2012 INTERNATIONAL FIRE CODE®COMMENTARY
APPENDIX D-1
APPENDIX D
SECTION D103
MINIMUM SPECIFICATIONS
D103.1 Access road width with a hydrant. Where a fire
hydrant is located on a fire apparatus access road, the mini-
mum road width shall be 26 feet (7925 mm), exclusive of
shoulders (see Figure D103.1).
❖ The access road width of 20 feet (6096 mm) stated in
Section 503 does not specifically account for the
presence of the hydrant. This section specifically
requires a minimum width of 26 feet (7925 mm) when
a hydrant is located along that access roadway (see
Figure D103.1). This provides more room for the fire
department vehicle to maneuver and connect to the
hydrant. In many cases, a full 26 -foot (7925 mm)
width may not be possible for a majority of the access
road and a possible solution is to simply widen the
access road for a short distance to accommodate
hydrant use. Including adjacent road shoulders in the
width measurement could yield substandard and
inadequate driving surfaces for apparatus. Accord-
ingly, this section makes it clear that any road shoul-
ders are not to be included in the minimum fire
apparatus access road width. Section 503 is generic
because available water supplies are not always
accessed using hydrants. In some cases, the water
comes from a tanker or from an on -site water supply.
For SI:
28' R
TYP.
26'
96 -FOOT DIAMETER
CUL-DE-SAC
60 -FOOT "Y"
60' 60'
28' R
TYP.
20'
26'
120 -FOOT HAMMERHEAD
D103.2 Grade. Fire apparatus access roads shall not exceed
10 percent in grade.
Exception: Grades steeper than 10 percent as approved by
the fire chief.
❖Section 503 discusses grade in generalities and
states that the grade be within the limits established
by the fire code official. The criteria are generic
because the conditions in different jurisdictions will
vary. For example, some fire department apparatus is
able to handle steeper grades than others, and the
likelihood of inclement weather, such as snow, will
affect the ability of the vehicles to handle the terrain.
This appendix states a numerical criterion of not
more than 10 percent, which is fairly conservative for
most situations. This number gives something spe-
cific for a jurisdiction to cite without having to deter-
mine the actual grade. There is an exception to this
section that would allow the fire chief to approve a
grade greater than 10 percent. This gives the jurisdic-
tion flexibility for specific situations where terrain
might call for a steeper grade.
D103.3 Turning radius. The minimum turning radius shall
be determined by the fire code official.
•) The turning radius is left generic within both Section
503 and this section because of the large variation in
28' R
TYP.
70'
20'
20'
20'
J
26'
20'
MINIMUM CLEARANCE
AROUND A FIRE
HYDRANT
20'
ACCEPTABLE ALTERNATIVE
TO 120 -FOOT HAMMERHEAD
FIGURE D103.1
DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND
APPENDIX D-2 2012 INTERNATIONAL FIRE CODOCOMMENTARY
APPENDIX D
the equipment used by fire departments. Each fire
department must assess the specific abilities of its
vehicles to set a minimum turning radius. The dia-
grams in Figure 0103.1 set the turning radius at 28
feet (8534 mm), which may not be satisfactory for all
jurisdictions.
D103.4 Dead ends. Dead-end fire apparatus access roads in
excess of 150 feet (45 720 mm) shall be provided with width
and turnaround provisions in accordance with Table D103.4.
TABLE D103.4
REQUIREMENTS FOR DEAD-END
FIRE APPARATUS ACCESS ROADS
LENGTH
(feet)
0-150 20 None required
120 -foot Hammerhead, 60 -foot "Y"
151-500 20 or 96 -foot diameter cul-de-sac in
accordance with Figure D 103.1
120 -foot Hammerhead, 60 -foot "Y"
501-750 26 or 96 -foot diameter cul-de-sac in
accordance with Figure D103.1
Over 750 Special approval required
WIDTH
(feet)
TURNAROUNDS REQUIRED
or SI: 1 foot 304.8 mm.
❖Though the widths of the access roadways may be
sufficient to move and operate the necessary equip-
ment at a fire scene, they may not be wide enough for
the vehicles to turn around. On through streets this is
not an issue, but when the road is a dead end and is
sufficiently long, some means are necessary to
enable fire department vehicles to turn around rather
than having to back up over excessive distances. The
three major methods used to provide a turn -around
area are a cul-de-sac, hammerhead and "Y." Figure
D103.1 shows examples of all three types. Section
503 does not give any specific guidance. Each juris-
diction can choose from a variety of ways to accom-
plish this.
Dead ends require a fire vehicle turnaround when
they exceed 150 feet (45 720 mm). The turnaround is
to be located at the end of the roadway or within 150
feet (45 720 mm) of the end of the roadway to limit
the backing distance to a maximum of 150 feet (45
720 mm). Backing a large vehicle, such as a tower
ladder, over 150 feet (45 720 mm) can be especially
challenging, especially in cases where the engineer
may have to use a video camera -equipped back-up
system due to the vehicle's length. Refer to the table
for more guidance in determining the kind of turning
radius required. In any event, the configuration of the
roadway and turnaround must be approved by the fire
code official.
This table, which is based on the length of a dead
end, sets minimum widths and recommends which
types of turnarounds should be used. The diagrams
in Figure D103.1 show the configurations of these
turnarounds.
D103.5 Fire apparatus access road gates. Gates securing
the fire apparatus access roads shall comply with all of the
following criteria:
I. The minimum gate width shall be 20 feet (6096 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow
manual operation by one person.
4. Gate components shall be maintained in an operative
condition at all times and replaced or repaired when
defective.
5. Electric gates shall be equipped with a means of open-
ing the gate by fire department personnel for emer-
gency access. Emergency opening devices shall be
approved by thefire code official.
6. Manual opening gates shall not be locked with a pad-
lock or chain and padlock unless they are capable of
being opened by means of forcible entry tools or when
a key box containing the key(s) to the lock is installed
at the gate location.
7. Locking device specifications shall be submitted for
approval by thefire code official.
8. Electric gate operators, where provided, shall be listed
in accordance with UL 325.
9. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the
requirements of ASTM F 2200.
• Gates are sometimes required by the fire code official
to limit access to certain hazardous fire areas. They
are also often used as a security mechanism for
gated communities and complexes. Section 503 dis-
cusses the use of gates in more general terms
whereas this section provides more specific guide-
lines. The nine requirements stated here all must be
complied with where applicable. They focus on main-
taining the required width, ease of use and ability to
open in an emergency. The construction and installa-
tion of gates and methods for opening the gates,
whether by manual means or by a listed electrical
mechanism, must comply with the referenced stan-
dards and be approved by the fire code official. This
ensures that the operating procedures of the fire
department are taken into account. See the commen-
tary to Sections 503.5 and 503.6 for further informa-
tion on gates.
D103.6 Signs. Where required by the fire code official, fire
apparatus access roads shall be marked with permanent NO
PARKING —FIRE LANE signs complying with Figure
D103.6. Signs shall have a minimum dimension of 12 inches
(305 mm) wide by 18 inches (457 mm) high and have red let-
NTARY 2012 INTERNATIONAL FIRE CODE° COMMENTARY APPENDIX O-3
APPENDIX D
ters on a white reflective background. Signs shall be posted
on one or both sides of the fire apparatus road as required by
Section D103.6.1 or D 103.6.2.
❖One of the more challenging aspects of access roads
is maintaining the necessary width. Parked cars can
reduce this width if parking is not prohibited and the
prohibition is posted. Section 503.3 addresses this
need by giving the fire code official the authority to
require marking of fire access roads. This section and
Figure D103.6 add wording and dimension specifica-
tions for the signs needed to mark areas where park-
ing is prohibited.
SIGN TYPE "A"
NO
PARKING
FIRE LANE
Imo---- 12" -a-.
SIGN TYPE "C"
NO
PARKING
FIRE LANE
-411
12"
FIGURE D103.6
FIRE LANE SIGNS
SIGN TYPE "D"
NO
PARKING
FIRE LANE
12„
D103.6.1 Roads 20 to 26 feet in width. Fire lane signs as
specified in Section D103.6 shall be posted on both sides of
fire apparatus access roads that are 20 to 26 feet wide (6096
to 7925 mm),
+ This section requires that parking be prohibited on
both sides of narrower fire apparatus access roads.
Twenty feet. (6096 mm) is the appropriate width
needed for two average -size fire trucks to pass one
another. If that width is reduced by parking even on
one side, it will be potentially difficult for a fire depart-
ment to undertake emergency operations in that
area.
D103.6.2 Roads more than 26 feet in width. Fire lane signs
as specified in Section D103.6 shall be posted on one side of
fire apparatus access roads more than 26 feet wide (7925
mm) and less than 32 feet wide (9754 mm).
•:• Because this width is more than sufficient for maneu-
vering at least two fire department vehicles by one
another, parking would be allowed on one side.
SECTION D104
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
D104.1 Buildings exceeding three stories or 30 feet in
height. Buildings or facilities exceeding 30 feet (9144 mm)
or three stories in height shall have at least two means of fire
apparatus access for each structure.
❖ This section addresses commercial and industrial
buildings that, because of their height, have the
potential of creating a large challenge to a fire depart-
ment. This section, along with Sections D105, D106
and D107, contains requirements for fire apparatus
access roads for specific kinds of buildings or devel-
opments. Section 503 gives the fire code official the
authority to require more access roads but does not
specify when the additional roads are required. The
need for additional access roads will depend on so
many factors that each situation must be judged indi-
vidually.
Because of the height of these buildings, various
types of vehicles may be needed, and having two or
more means of approaching the site may be neces-
sary to manage and manipulate the vehicles.
D104.2 Buildings exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more
than 62,000 square feet (5760 m2) shall be provided with two
separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to
I24,000 square feet (11 520 m2) that have a single
18" approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler
systems.
•:• Where buildings are very large in area, two separate
fire apparatus access roads are required because a
large building may be difficult to access rapidly and, if
one of the access roads is blocked, there is a poten-
tial for a large fire loss. The exception acknowledges
the ability of automatic sprinklers to prevent most
fires from growing out of control quickly even when
the building area is doubled and there is only a single,
approved fire apparatus access road.
D104.3 Remoteness. Where two fire apparatus access roads
are required, they shall be placed a distance apart equal to not
less than one half of the length of the maximum overall diag-
onal dimension of the lot or area to be served, measured in a
straight line between accesses.
+ This concept is similar to the one dealing with the
remoteness of exits in Section 1015.2. One of the pri-
mary reasons for multiple access roads is to ensure
that if one access road is blocked or otherwise
unavailable, another will allow access to the fire
department. Therefore, when more than one access
road is required, they need to be separated by
enough distance to avoid a situation where both
would be blocked or unavailable simply because they
are too close to one another.
SECTION D105
AERIAL FIRE APPARATUS ACCESS ROADS
DI05.1 Where required, Where the vertical distance
between the grade plane and the highest roof surface exceeds
30 feet (9144 mm), approved aerial fire apparatus access
roads shall be provided. For purposes of this section, the
highest roof surface shall be determined by measurement to
the cave of a pitched roof, the intersection of the roof to the
exterior wall, or the top of parapet walls, whichever is
greater.
•: Where building height exceeds 30 feet (9144 mm)
above grade plane, the use of aerial fire apparatus
APPENDIX D-4
2012 INTERNATIONAL FIRE CODE® COMMENTARY
APPENDIX D
becomes more necessary. This section states, in
general terms, that the fire access roads must be
capable of handling the larger aerial equipment and
provides the lower and upper reference points for
measuring the vertical distance that determines the
requirement. See also the commentary to the defini-
tion of "Grade plane" in Chapter 2.
D105.2 Width. Aerial fire apparatus access roads shall have
a minimum unobstructed width of 26 feet (7925 mm), exclu-
sive of shoulders, in the immediate vicinity of the building or
portion thereof.
+ This section specifies the minimum road width
needed for aerial apparatus. This width allows the
aerial apparatus outriggers to be set solidly on the
road surface for safe operation of the aerial equip-
ment. Including adjacent road shoulders in the width
measurement could yield substandard and inade-
quate driving or set-up surfaces for aerial apparatus.
Accordingly, this section makes it clear that any road
shoulders are not to be included in the minimum fire
apparatus access road width.
D105.3 Proximity to building. At least one of the required
access routes meeting this condition shall be located within a
minimum of 15 feet (4572 mm) and a maximum of 30 feet
(9144 mm) from the building, and shall be positioned parallel
to one entire side of the building. The side of the building on
which the aerial fire apparatus access road is positioned shall
be approved by the fire code official.
This section requires that the access road be specifi-
cally located where aerial equipment will have maxi-
mum access to the building. The fire code official, in
consultation with the fire chief, must approve the final
location of the aerial fire apparatus access road
required by this section. Although not stated in this
section, fireground operation protocols often place an
aerial apparatus/truck company on the front side of
the building so that the entire front, which could
include emergency escape and rescue openings, can
be reached by the ladder or the tower basket. The
road that will meet the requirements of this section
will often be the public street upon which the building
fronts. The distance from the building to the road
must be reviewed and approved to match the capabil-
ities of the fire department aerial equipment versus
the building's height.
D105.4 Obstructions. Overhead utility and power lines shall
not be located over the aerial fire apparatus access road or
between the aerial fire apparatus road and the building. Other
obstructions shall be permitted to be placed with the approval
of the fire code official.
•:• This section establishes requirements for controlling
overhead obstructions to aerial fire apparatus posi-
tioned on aerial fire apparatus access roads to avoid
the possibility of personnel injury and equipment
damage, especially from electrical shock. The
requirements prohibit overhead obstructions between
the aerial fire apparatus access road and the building,
but permit the fire code official to allow limited
obstructions that do not affect the placement or use
of aerial fire apparatus, such as site vegetation or a
porte' cochere at the entrance to a building.
SECTION D106
MULTIPLE -FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units.
Multiple -family residential projects having more than 100
dwelling units shall be equipped throughout with two sepa-
rate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may
have a single approved fire apparatus access road when all
buildings, including nonresidential occupancies, are
equipped throughout with approved automatic sprinkler
systems installed in accordance with Section 903.3.1.1 or
903.3.1.2.
❖This section is intended to provide some specific
guidance to jurisdictions for dealing with larger apart-
ment complexes. Again, Section 503 suggests that
more than one access road is needed when there is a
potential for an access road to be unavailable. In a
large complex there is a large potential for loss. Lack
of access should not become a factor in such a loss.
This section requires at least two separate access
roads any time the number of dwelling units exceeds
100. The term "approved" is used because the layout
of the complex may require some specific consider-
ations when providing the access roads. For exam-
ple, having two access roads leading onto a facility
that come together before reaching the actual build-
ings may not satisfy the criterion of remoteness to be
effective in an emergency.
The exception would allow a single access road for
up to 200 dwelling units if all buildings on the site are
fully sprinklered to meet code requirements. This
exception acknowledges the effectiveness of sprin-
klers in slowing the growth of fires; therefore, the risk
of having the access road blocked or unusable is
more acceptable.
D106.2 Projects having more than 200 dwelling units.
Multiple -family residential projects having more than 200
dwelling units shall be provided with two separate and
approved fire apparatus access roads regardless of whether
they are equipped with an approved automatic sprinkler sys-
tem.
+ Because of the large size of such complexes and the
potential for large losses, even where sprinklers are
installed as required by Section 903.2.8, two
approved access roads must be provided. This sec-
tion emphasizes that the exception in Section D106.1
is for up to 200 units only.
2012 INTERNATIONAL FIRE CODE° COMMENTARY
APPENDIX O-5
APPENDIX D
SECTION D107
ONE- OR TWO-FAMILY RESIDENTIAL
DEVELOPMENTS
D107.1 One- or two-family dwelling residential develop-
ments. Developments of one- or two-family dwellings where
the number of dwelling units exceeds 30 shall be provided
with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
Exceptions:
1. Where there are more than 30 dwelling units on a
single public or private fire apparatus access road
and all dwelling units are equipped throughout with
an approved automatic sprinkler system in accor-
dance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3
of the International Fire Code, access from two
directions shall not be required.
2. The number of dwelling units on a single fire appa-
ratus access road shall not be increased unless fire
apparatus access roads will connect with future
development, as determined by the fire code official.
❖ This section requires that one- and two-family dwell-
ing subdivisions with more than 30 dwellings have
more than one fire apparatus access road into the
development. The second access road is needed in
case one access road for any reason becomes unus-
able. The two access roads must also be remote from
one another as required by Section D104.3 to reduce
the likelihood that both access roads would be com-
promised by a single fire or other emergency event.
Exception 1 states that when there are more than
30 dwelling units equipped throughout with an
approved sprinkler system in accordance with NFPA
13, 13R or 13D, as applicable or approved, a second
access road is not required. This recognizes the
effectiveness and reliability of properly designed and
installed automatic sprinkler systems in mitigating the
need to have two access points.
Exception 2 requires approval by the fire code offi-
cial any time a new house is constructed on an exist-
ing access road. Once the maximum number of
dwelling units allowed by this section has been
reached, no further development may occur unless
the fire code official determines that there will be a
future road connection that will prevent creation of an
excessive dead-end situation with no means for
apparatus turn -around. Such determination by the
fire code official should consider the phased -develop-
ment of an individual project or adjacent projects.
Requiring evidence of legal agreements for specific
future development would be prudent, especially in
times of economic uncertainty. This gives the fire
code official an opportunity to assess whether addi-
tional access is required in the interim.
D108
REFERENCED STANDARDS
ASTM F 2200-05 Standard Specification for
Automated Vehicular Gate
Construction
ICC IFC-12 International Fire Code
UL 325-02 Door, Drapery, Gate, Louver,
and Window Operators and
Systems, with Revisions
through February 2006
D103.5
D101.5,
D107.1
D103.5
Bibliography
The following resource materials were used in the prep-
aration of the commentary for this appendix of the code.
2009 International Code Interpretations. Washington,
DC: International Code Council, 2009.
APPENDIX O-6
2012 INTERNATIONAL FIRE CODE®COMMENTARY
Submit by Email
Weld County Referral
September 08, 2016
The Weld County Department of Planning Services has received the following item for review:
Applicant: REGIONAL TRANSPORTATION DISTRICT Case Number: USR16-0034
Please Reply By: October 6, 2016 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development including open pit mining (sand, gravel and stone) and materials processing including
stockpiling, crushing, screening, recycling operations and importing of raw and recycled materials in the
1-3 (Industrial) Zone District
Location: North of and adjacent to CR 6.25 and approximately 0.25 miles west of CR 29
Parcel Number: 147120000023-R6247086 Legal: SW4NE4/NW4SE4 SECTION 20, T1N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
Parcel Number: 147120300008-R6776750 Legal: N2SW4 SECTION 20, T1N, R66W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Parcel Number: 147120000033-R6247786 Legal: S2NW4 SECTION 20, T1N, R66W 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
Signature
Agency
City of Fort Lupton
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. Please see comments below.
s/Alyssa Knutson Date 10/10/2016
The City of Fort Lupton requests that a pre -annexation agreement and an off -site
improvements agreement for proposed access on CR 8 be completed prior to
recording the plat or operations occurring Part of this development plan is located
outside of our area pursuant to an IGA with Brighton.
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext,3540 (970) 304-6498 fax
Diana Aungst
Subject: USR16-0034 Referral
From: Bradford, Jason[mailto:jbradford@brightonco.gov]
Sent: Friday, October 07, 2016 10:50 AM
To: Kristine Ranslem <kranslem@co.weld.co.us>; Diana Aungst <daungst@co.weld.co.us>
Cc: Falconburg, Mary <mfalconburg@brightonco.gov>; Prather, Holly <hprather@brightonco.gov>
Subject: RE: USR16-0034 Referral
Diana Aungst,
I would like to slightly revise the City of Brighton's formal comments regarding the above referenced referral
letter. Will you please replace the letter I sent to you yesterday with the letter below? I apologize for the
confusion, and please let me know if you have any questions or concerns. The formal comments I would like to
submit are as follows:
"Thank you for the opportunity to review and comment on the above referenced application. A portion of the
Property is located in Brighton's Urban Growth Boundary. The City of Brighton has several concerns with the
proposed use and appreciates the opportunity to provide formal comments that will help to mitigate those
concerns.
Generally, the City is not in favor of the application. In accordance with "Urban Development," Section 22-2-
30, of the County's Comprehensive Plan, the City of Brighton believes the application is incompatible with the
County's policy to segregate heavy industrial uses on the perimeters and away from developing urban
communities. This section of the code encourages urban development to locate along major roadways with
available services and infrastructure. The property in question is located along WCR 27, which has adequate
services and infrastructure in place to support urban development. WCR 27 is a rapidly urbanizing corridor
where Weld County, the State of Colorado, the City of Fort Lupton, and the City of Brighton have worked
together to encourage and incentivize a "New Energy Corridor," to synthesize the locating of jobs and
businesses related to the energy industry, especially the alternative energy industry, along the WCR 27
corridor.
In particular, the City is not in favor of the proposal for recycling of asphalt and concrete and the 20 year
timeframe for mineral extraction. The City is concerned with the traffic impacts on Brighton's transportation
system and on traffic for the region, the aesthetic impact on Brighton's northern gateway, noise and air
pollution, and the adverse impacts on the future expansion plans of the Vestas campus located directly south of
this Property.
As the property in question is zoned as I-3 (the heaviest industrial zoning designation in Weld County), the City
understands that the proposed uses are allowed by the County's zoning regulations as a Use By Special
Review. However, should the County decide in favor of the application, the City of Brighton appreciates the
County's efforts to "minimize the incompatibilities that occur between industrial uses and surrounding
properties" in accordance with Goal #6 of Section 22-2-80 of the County's Comprehensive Plan.
1
According to EP Goal #2 of Section 22-4-130 of the County's Comprehensive Plan, "Mineral resource facilities
should be planned, located, designed and operated to encourage compatibility with surrounding land uses in
terms of use, scale, height, traffic, dust, noise, and visual pollution." In accordance with this goal, the City of
Brighton is requesting that, should the County approve the application, the following items be addressed:
1. Please prohibit the use of crushing or blasting operations on this Property. Per Goal #6 of Section 22-2-
80 of the County's Comprehensive Plan, the City believes the noise and air pollution created by such operations
are incompatible with the urbanizing corridor as well as the existing agricultural and residential land uses in the
vicinity of the Property and, thus, should be prohibited.
2. Please prohibit or severely limit the proposed asphalt or concrete recycling operations on this
Property. Per Goal #6 of Section 22-2-80 of the County's Comprehensive Plan, the City believes the noise and
air pollution created by such operations are incompatible with the urbanizing corridor as well as the agricultural
and residential land uses in the vicinity of the Property and, thus, should be prohibited or limited to the northern
portion of the site.
3. Should the County approve the application, the City of Brighton requests that the property be landscaped
and screened from view, in accordance with the zoning code requirements to screen outdoor storage and Goal
6.2 of Section 22-2-80 of the Comprehensive Plan.
4. Please require the site to be reclaimed in order to provide for redevelopment opportunities after the
mineral extraction operations are completed. As previously noted, a portion of this Property is located within
Brighton's Urban Growth Boundary area. Per UD Goal #1 of Section 22-2-40 of the County's Comprehensive
Plan, urban development should be concentrated in approved Intergovernmental Agreement urban growth areas,
such as the WCR 27 corridor.
5. Please require conveyor equipment to be utilized for the loading of vehicles in order to diminish noise
and air pollution.
6. Please require dust suppression best practices to be utilized to reduce air pollution and topsoil erosion.
7. Please prohibit any traffic associated with the operations from utilizing those portions of WCR 6 or WCR
27 that are annexed to the City of Brighton. Due to traffic conflicts with oversized Vestas vehicles and the
impact on the City's roadway infrastructure, the City opposes any traffic related to the application from utilizing
the City's roadway infrastructure without a maintenance agreement with the City of Brighton. Per Policy 3.2 of
Section 22-2-80 of the County's Comprehensive Plan, the applicant must demonstrate the roadways that serve
the Property are adequate to accommodate the traffic generated by the use. Also, per Goal #4, which requires
new industrial development to pay its own way, the roadway network must be improved and maintained by the
developer in order to pay for those costs associated with the impacts of that development.
8. The timeframe for mineral extraction should be limited to 10 years in order to ensure expedited removal
of mineral resources and reclamation of the Property for redevelopment.
9. Information regarding public hearings associated with the Property and proposed operations be sent to
Mary Falconburg - mfa1conburnii brightonco.uov, Assistant City Manager of Development; Holly Prather -
hprathcr(cr;_bru htonco.gov, Community Development Director; Kimberly Dall - kda11(cr;_hrightonco.gov, Streets
and Fleet Director; and Jason Bradford - jhradford(tr;_bridhtonco.gov, Planning Division Manager.
Thank you, again, for the opportunity to review and comment on this proposed land use. The City of Brighton
appreciates the cooperative relationship we have with Weld County and requests that the above comments be
addressed to ensure the right to mineral extraction for the Property are provided for while also respecting the
City of Brighton's right to plan for those properties located within Brighton's boundary and the future of those
lands located within our Urban Growth Boundary."
Please let me know if you have any comments or questions.
2
Cordially,
Jason Bradford, AICP
Planning Manager
Community Development
City of Brighton
500 South 4th Avenue
Brighton, CO 80601
303-655-2024
Brighton
Integrity + Vision + Stewardship = A Progressive Community
Think green ...reduce, reuse, recycle.
3
Diana Aungst
Subject:
Attachments:
FW: Inert Fill as a Reclamation Plan for a Sand & Gravel Mine in Weld County
HM_sw-beneficial-use-of-asphalt-brick-concrete.pdf; HM_sw-reps-butable3.pdf
From: Bankoff - CDPHE, Michael [mailto:michael.bankoff@state.co.us]
Sent: Wednesday, November 30, 2016 10:27 AM
To: Diana Aungst <daungst@co.weld.co.us>
Cc: Ben Frissell <bfrissell-durley@co.weld.co.us>; Kim Ogle <kogle@co.weld.co.us>; Troy Swain
<tswain@co.weld.co.us>; David Snapp - CDPHE <david.snapp@state.co.us>; Peter Hays - DNR <peter.hays@state.co.us>
Subject: Re: Inert Fill as a Reclamation Plan for a Sand & Gravel Mine in Weld County
Good morning Diana,
Below are a few comments we have regarding mine reclamations that incorporate imported recyclable inert materials.
1. CDPHE would not require a certificate of designation if the reclamation (backfilling using soil, concrete and asphalt) is being done under
a DRMS reclamation permit. It sounds like this is what Valley's Edge Resource will have (unless I'm mistaken).
2. "Inert material" means non-watersoluble and non-putrescible solids together with such minor amounts and types of other materials as will
not significantly affect the inert nature of such solids. The term includes, but is not limited to, earth, sand, gravel, rock, concrete which has
been in a hardened state for at least sixty days,masonry, asphalt paving fragments, and other inert solids. Solid Waste Regulations, 6 CCR
1007-2, Part 1, § 1.2 Inert materials maybe solid wastes unless they are handled in a way allowing for an exemption from the solid waste
regulations outlined below.
3. If the reclamation does not take place under a DRMS reclamation permit, the final disposition of the waste in a mine would need a
Certificate of Designation from the county or a Beneficial Use Determination from CDPHE. However, the recycling of the concrete and
asphalt may not be subject to the solid waste regulations if the imported material is being processed for recycling purposes and sent offsite in
accordance with the exemptions in Section 8.5.3 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 ("the
Solid Waste Regulations"). Section 8.5.3 states:
The following operations are exempt from Section 8.5:
(A) On -site recycling operations where the processing of recyclable materials occurs on the same site from where the recyclable
materials are generated and that recycle and store only materials generated on -site and meet the performance criteria of 8.5.2.
Creation of ground water contamination, off -site odors, and speculative accumulation of waste materials voids this exemption.
(B) Concrete and asphalt operations when the material is managed like a commodity' by meeting the following conditions:
(1) material is managed and separated into commodity specific piles processed for reuse;
(2) material is managed in active piles separated by material type or use within the past year; and
(3) Incoming loads shall have all non -concrete, non -asphalt and nonrebar material removed from concrete and asphalt materials
within thirty (30) calendar days and non -concrete, non -asphalt and nonrebar material shall not exceed 10% of the total material
onsite by weight or volume.
(C) Environmental media storage and reuse.
4. All imported waste material would need to be able to qualify as an inert material. C+D waste must be asbestos -free. Soil must be known
to be free of chemical contamination by sampling and testing and/or generator knowledge that the soil originating site is free from known
environmental impacts.
Attached is a guidance document regarding the reuse and recycling of asphalt, brick, and concrete which maybe useful. Additionally, I have
attached Table 3 from the beneficial use regulations which identifies materials that are pre -approved for reuse so long as they are reused in
one of the specified beneficial uses for the material. You may notice that in the asphalt category on this table we do not have a pre -approved
use as an aggregate substitute. In the near future, we will likely be adding that in there when used in mine reclamation activities overseen by
1
DRMS. For the time being, as long as this operation has a DRMS reclamation permit, reuse of asphalt as an aggregate substitute for backfill
should be fine.
I hope this helps and feel free to contact me should you have any additional questions or concerns.
Thank you,
- Mike
Michael Bankoff
Environmental Protection Specialist
Materials Management Unit
P 303.692.3438 I F 303.759.5355
43O0 Cherry Creek Drive South, Denver, CO 80246
rrtichacl.ban koff<a slalc.co.us I blips::: vyk. u.colorado.gov.pdcificicdphc
2
Compliance Bulletin
COLORADO
Department of Public
Health & Environment
Asphalt, Brick and Concrete
Recycling & Beneficial Use
February 2016
Asphalt, brick and concrete material accounts for millions of tons of construction and demolition
debris every year in the U.S. Recycling this material can create jobs, save valuable landfill space,
and reduce the environmental impacts from mining new materials. Since asphalt, brick and
concrete can often be recycled on the job site at reduced expense when compared to disposal
alternatives, it can also provide significant savings during construction by avoiding new material
purchase and waste disposal costs.
Applicability
This guidance is for material that contains only fully cured asphalt pavement, clay bricks and
attached mortar, or fully cured concrete (with or without rebar). Asphalt, brick, and concrete
containing paint, adhesives, mastics, sealants, or other coatings must be tested to ensure the
coatings do not contain asbestos or lead paint before this guidance may be applied.
Industrial Recycling Operations Exemption
Section 8.5 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1)
specifies the requirements for industrial recycling operations, including for the recycling of asphalt,
brick, and concrete. Facilities that recycle these materials are subj ect to all of the requirements
found in Section 8.5 unless the facility meets one or more of the exemptions in Section 8.5.3.
The first exemption includes on -site recycling operations that 1) process recyclable materials on
the same site where the recyclable materials were generated and 2) recycle and store only
materials generated on -site. These operations must meet certain performance criteria, including
meeting established engineering, product, end user, customer, or other appropriate specifications;
demonstrating a benefit associated with use of the material; and showing the material is used as a
substitute for, or in conjunction with, a commercial product or raw material. Creation of ground
water contamination, off -site odors, and/ or speculative accumulation of waste materials voids this
exemption.
The second exemption applies to concrete and asphalt operations where the material is managed
like a commodity by meeting the following conditions: 1) the material is managed and separated
into commodity -specific piles processed for reuse, 2) the material is managed in active piles
separated by material type within one year of receipt, and 3) incoming loads have all non -concrete,
non -asphalt and non-rebar material removed from the concrete and asphalt materials within thirty
(30) calendar days. In addition, any material that is not asphalt, brick, concrete, or rebar cannot
exceed 10% of the total material onsite by weight or volume.
If a recycling operation meets either or both of the first two exemptions, it is exempt from the
requirements of Section 8.5, including facility registration, general site requirements and closure
requirements. However, any use of the recycled material must meet the recyclable material
performance criteria of Section 8.5.2.
Pre -Approved Beneficial Uses
The Colorado Department of Public Health and Environment (the Department) has approved
beneficial uses for several types of uncontaminated materials in the Pre -Approved Beneficial Use
Table 3, available on our website at www.colorado.gov/ cdphe/ swregs. Clean, uncontaminated
asphalt, brick and concrete material may be recycled and used in a variety of ways that do not
require consultation and specific approval from the department. Determining what qualifies as
"clean and uncontaminated" requires not only a thorough inspection of the material to look for
obvious signs of contamination such as odor, staining, discoloration or the presence of adhered
materials, but also a thorough understanding of the site history and possibly sampling and
laboratory analysis if there is any reason to suspect contamination. Ideally, any contamination
issues would have been found during a Phase I and/ or Phase II Environmental Site Assessment or
asbestos building inspection. If no such investigation has been performed, then it is very important
to perform a thorough inspection prior to beginning the recycling process. Future liability issues
may be avoided by taking steps to properly characterize the material as uncontaminated.
The table below, taken from the Pre -Approved Beneficial Use Table 3, shows the approved uses for
uncontaminated asphalt, brick and concrete.
Reclaimed Asphalt
Road Base
Component of hot or cold mix asphalt
Re -compacted asphalt
Roadside dressing
Chip seal material
Culvert cover
Base stabilization
Reclaimed Concrete, Brick and Stone
Road base
(non -asbestos bearing materials)
Concrete aggregate
Component of engineered structural fill
Aggregate substitute
Engineered rip rap
Roadside dressing
While these uses are pre -approved by the Department, a number of other conditions do apply.
Key conditions on the pre -approved beneficial use of asphalt, brick, and concrete material include:
1) when using crushed material as a component of structural fill, crush the material to six inches or
less, or size according to an engineer's backfill specification, and 2) ensure a minimum of three
feet of separation between the placement of the material and the seasonally high ground water
level. All of the required conditions can be found in Section 8.6.2 of Part 1 of the solid waste
regulations, available on our website at www.colorado.gov/ cdphe/ swreqs.
If uncontaminated asphalt, brick or concrete will not be directly reused, there are many facilities
that will accept these materials for recycling.
Other Beneficial Uses
If the intended recycling and reuse of the asphalt, brick and concrete material is not found on the
pre -approved list above, it may still qualify for beneficial use with our approval. In order for the
Department to approve your beneficial use project, you must submit an "Application for a Solid
Waste Beneficial Use Determination." The application form includes a list of performance criteria
that must be met and a checklist of attachments that must be included in order for the Department
to evaluate the project. The application form may be found on our website at
www.colorado.gov/ cdphe/ swforms.
Recycling and Beneficial Use Best Management Practices
The ability to recycle asphalt, brick and concrete material safely and in a manner protective of
public health and the environment requires not only meeting the requirements of the solid waste
and asbestos regulations, but also following established best management practices.
• Ensure that only uncontaminated material is crushed and processed.
o Know the results of the Phase I or II Environmental Site assessment (ESA).
o If no environmental site assessment was performed:
2
▪ Perform a thorough visual inspection of the materials.
▪ Learn the site history and whether prior contamination may have occurred.
▪ Perform sampling and laboratory testing if there are any doubts whether the
material may be contaminated.
• If the material came from a structure, ensure that a state demolition permit was issued and
that all suspect asbestos -containing materials (including all nonfriable materials) were
tested and do not contain asbestos.
• Do not crush material that has paint, finishes, adhesives, mastics, sealants, coatings or any
other potential contaminants until the material is tested for lead and asbestos.
• Properly size and engineer the material for the intended use in accordance with the
recommendations of a professional engineer.
• Manage and separate the material into commodity -specific piles for processing and reuse.
• Remove and recycle any rebar from the concrete.
• Notify the relevant local authorities of the intended activity to gain any necessary permits
and approvals before crushing or material processing begins.
• Do not allow any unpermitted discharges to air, water, or other environmental resources.
• Avoid creating nuisance conditions such as fugitive dust, excessive noise, or allowing exhaust
or fumes to drift off -site.
Waste Disposal
If there is obvious staining and discoloration, or if the site was previously home to a type of facility
frequently found to be contaminated such as a dry cleaner, a gas station, or an industrial facility,
then sampling and analysis should be performed on the material. Also, be aware that certain types
of brick (e.g., refractory brick) and concrete may be associated with asbestos and should be tested
even if there may be no obvious evidence such as remnants of floor tile or mastic.
If the condition of the material is not suitable for reuse or recycling, then it will have to be
disposed of as solid or hazardous waste. Knowledge of the site history along with analytical results
will help determine what type of disposal is required. Contact the Department if additional
information regarding sampling and analysis requirements or assistance with determining the type
of disposal is needed.
Other Applicable Regulations
Crushing of asphalt, brick or concrete materials at a facility or on the work site may be subject to
air permitting requirements. For more information, please contact the Air Pollution Control Division
at 303-692-3100 or cdphe. commentsapcdAstate.co.us.
Stormwater permitting may be required for facilities or work sites that are recycling asphalt, brick
or concrete materials. For more information, please contact the Water Quality Control Division at
303-692-3500 or cdphe. commentswgcd(a�state.co.us.
If there are surface waters or wetlands near the processing site that may potentially be impacted
by site activities, please contact the US Army Corps of Engineers at 202-761-7690 or via their
website www.usace.army.mil/ contact.aspx.
For more information on industrial recycling and beneficial use, refer to Sections 8.5 and 8.6 of the
Colorado solid waste regulations (6 CCR 1007-2, Part 1), available on our website at
www.colorado.gov/ cdphe/ swregs.
For more information
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Customer Technical Assistance
303-692-3320
www.colorado.gov/ cdphe/ hm
comments.hmwmd@state.co.us
3
Zir
Asphalt, Brick and Concrete Recycling and Beneficial Use
Yes
Is an Exempt
Industrial Recycling
Operation?
Determine if the
Material is Clean &
Uncontaminated
Yes
/Do You Have a Uses .A
for the Material? ,
Yes
/ Material Is Asphalt;
'N. Brick or Concrete?,,,/
No
No
Evaluate Phase Ill/
Environmental Site
Assessment
(If Available)
Does the Material Have
No Lead, Asbestos or other
Contamination?
Send to Materials
Recycler
Use Beneficially :41 —Yes
Does Material Meet`s
Recyclable Material
Performance Criteria of
Section 8.5.2?
No
V
Process to
Meet Criteria
Meet Other
Regulatory
Requirements?
Process to
Meet Criteria
Yes
Yes
•
This Guidance
Does Not Apply
Subject to
N 6 CCR 1007-2
Section 8.5
•
Understand
the Site
History
•
Visual
Inspection
of Material
V
Sampling &
Analysis
(If Necessary)
t
No
Dispose as Solid or
Hazardous Waste
Proposed Use is on
Pre -/approved
'=Beneficial Use Table?;'
Yes
No
V
Submit Application `
for Beneficial Use
Determination
Does Material Meet \,
Performance & Storage
Standards of Section
8.6.2?
4
Table 3
Pre -Approved Beneficial Uses
Solid Waste Section 10 - Beneficial Use of Whole Waste Tires on Ag Land
anchors
blowout stabilization
building material
bumpers for poles
corrals
drainage media substitute
effluent pond bank stabilization
equipment bumpers
feed source ballasts
fencing material
flower pots
irrigation line markers
livestock bumpers
livestock feeders
livestock scratcher
livestock sheds
pallet
pond and lake erosion control (calm water)
property boundaries
push carts
silage covers
tire drag or tire harrow
trespass signs
vegetation protection
water tanks
windbreaks
Tire Bales
containment
livestock sheds
windbreaks
Waste Tire Treads
matting
Waste Tire Sidewalls
construction barrell weights
feed source ballasts
silage covers
Shredded Waste Tires
drainage media substitute
fuel source with appropriate air permitting
landfill alternative daily cover when approved in D&D Plan
lightweight aggregate with an engineered plan
Waste Mining Tires
livestock feeders
water tanks
Waste Mining Tire Sidewalls
ballasts
windbreaks
Reclaimed Asphalt
road base
component hot or cold mix apshalt
recompacted asphalt
roadside dressing
chip seal material
culvert cover
base stabilization
Reclaimed Concrete, Brick, and
Stone (non -asbestos bearing
materials)
road base
concrete aggregate
component of engineered structural backfill
aggregate substitue
engineered rip rap
road side dressing
Non chemically treated Wood
mulch
bio-filter
Glass (lead free)
concrete aggregate
pavement aggregate
aggregate substitute
filter pavement
Clean reclaimed porcelin
aggregate substitute
Steel Slag
aggregate substitute
Autofluff
alternative daily cover for landfills when approved in D&O Plan
Shredded paper/cardboard
animal bedding
insulation
COLORADO
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
November 1, 2016
Diana Aungst
Weld County Department of Building and Planning Services
Transmitted via email:
daugst@co.weld.co.us
RE: Regional Transportation District Use by Special Review Permit
Case no. USR16-0034
Portions of the N'h of the SW 1/4, 5'/2 of the NW /, the SW / of the NE /, and the NW /
of the SE 1/4, all in Sec. 20, TIN, R66W, 6th P.M.
Water Division 1, Water District 2
Dear Ms. Aungst,
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.
The applicant is requesting a Special Use Permit to allow for a gravel mining operation (M-2016-
030) on a 190 acre site that includes properties with Parcel IDs 147120000033, 147120000023,
and 147120300008. The applicant anticipates that the mining operation will consist of mining
four cells in four stages, with each cell being approximately 27 acres. The operation is
anticipated to last 10-20 years; the site will be backfilled and reclaimed to allow for the
subsequent development of an industrial complex.
The site will have approximately 10 on -site employees. The operator will initially mine in a cell
to test a temporary floor above groundwater, sufficient to avoid exposure, depletions, or other
conditions requiring augmentation or a substitute water plan. Once a floor has been established
and any required State Engineer or Water Court approval is obtained, a wet mining state may
proceed concurrently or subsequently to dry mining.
The proposed water supply for the project is the Fulton Ditch or adjudicated water from a well
(gravel well or existing Central Colorado Water Conservancy District Well) for limited
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Regional Transportation District Use by Special Review Permit
November 1, 2016
Page 2 of 2
augmentation water needs. Fully consumable water will be imported to the site or obtained
through permitted wells. Bottled water and portable lavatories will be provided for employees.
The applicant is proposing to "divert on -site storm water into perimeter trenches." According to
the drainage narrative, runoff to the site is currently intercepted by the Fulton Ditch and carried
toward existing infiltration ponds. The applicant indicates that this practice will continue to do
this for their planned storm water management plan. The Fulton Ditch is not a drainage ditch
but an active structure designed for diverting water rights to place to subsequent use. The
disposal of storm water into this structure could impact the administration of the structure, its
ability to divert its water rights, and/or its physical integrity. At no point should the storm
water management plan be designed to discharge water into an active water diversion
structure without prior approval of the owner of the structure and the Division One
Engineer.
The applicant also indicated that storm water within the active mining and reclamation areas
will be directed to the pit floor, where it will infiltrate. The applicant should be aware that,
unless the pit structure can meet the requirements of a "storm water detention and
infiltration facility" as defined in section 37-92-602(8), Colorado Revised Statutes, the
structure may be subject to administration by this office. The applicant should review DWR's
Administrative Statement Regarding the Management of Storm Water Detention Facilities and
Post-Wildland Fire Facilities in Colorado, attached, to ensure that the notification, construction
and operation of the proposed structure meets statutory and administrative requirements. The
applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility
Notification Portal, located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif,
to meet the notification requirements.
It appears there are several existing wells located on the gravel pit site. The applicant has not
provided details regarding the proposed water supply for dust suppression or other operational
water needs; therefore this office cannot comment on the proposed water supply. However, any
use of the on -site wells should comply with the existing well permits. Any use of Fulton Ditch
water must fit within the decreed uses of said water rights. Similarly, any use of water trucked
in from another source must be legally available for the on -site uses. No groundwater should be
exposed on -site until a Substitute Water Supply Plan has been approved by this office or a plan
for augmentation that has been decreed by the Water Court, and a valid gravel pit well permit,
is in place.
If you, or the applicant, have any questions please contact Karlyn Armstrong of this office.
4)4,/
Williams, P.E.
Resource Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
COLORADO
Division of Water Resources
Dena -triter of Natural Resou.rces
1313 Sherman Street, Room 821
Denver, CO 80203
Administrative Statement Regarding the Management of
Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado
February 11, 2016
The Division of Water Resources (DWR) has previously administered storm water detention
facilities based on DWR's "Administrative Approach for Storm Water Management" dated May 21,
2011. Since the passage of Colorado Senate Bill 15-212, that administrative approach has been
superseded. This document describes SB 15-212, codified in section 37-92-602(8), Colorado
Revised Statutes (C.R.S.), and how the law directs administrative requirements for storm water
management. The document is for informational purposes only; please refer to section 37-92-
602(8) for comprehensive language of the law.
Pursuant to section 37-92-602(8), storm water detention facilities and post-wildland fire
facilities shall be exempt from administration under Colorado's water rights system only if they
meet specific criteria. The provisions of SB15-212 apply to surface water throughout the state.
SB15-212 only clarifies when facilities may be subject to administration by the State Engineer;
all facilities may be subject to the jurisdiction of other government agencies and must continue
to obtain any permits required by those agencies.
Storm Water Detention Facilities
Pursuant to section 37-92-602(8), a storm water detention and infiltration facility ("Detention
Facility") is a facility that:
• Is owned or operated by a government entity or is subject to oversight by a government
entity, including those facilities that are privately owned but are required by a
government entity for flood control or pollution reduction.
• Operates passively and does not subject storm water to any active treatment process.
• Has the ability to continuously release or infiltrate at least 97 percent of all of the water
from a rainfall event that is equal to or less than a five-year storm within 72 hours of the
end the rainfall event.
• Has the ability to continuously release or infiltrate at least 99 percent of all of the water
from a rainfall event that is greater than a five-year storm within 120 hours of the end
the rainfall event.
• Is operated solely for storm water management.
1313 Sherman Street, Room 821, Denver, CO 80203 P 3O3.866.3581 F 3O3.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 2 of 5
In addition, to qualify for the allowances provided in SB-212, the facility:
• Must not be located in the Fountain Creek watershed, unless the facility is required by or
operated pursuant to a Colorado Discharge Permit System Municipal Separate Storm
Sewer System Permit issued by the Department of Public Health and Environment
pursuant to Article 8 of Title 25, C.R.S.
• Must not use water detained in the facility for any other purpose nor release it for
subsequent diversion by the person who owns, operates, or has oversight over the
facility. The facility cannot be operated as the basis for a water right, credit, or other
water use right.
• Must not expose ground water.
• May include a structure or series of structures of any size.
If the Detention Facility was constructed on or before August 5, 2015 and meets all the
requirements listed above, it does not cause material injury to vested water rights and will not
be subject to administration by the State Engineer.
If the Detention Facility is constructed after August 5, 2015, meets the requirements listed
above, and the operation of the detention facility does not cause a reduction to the natural
hydrograph as it existed prior to the upstream development, it has a rebuttable presumption of
non -injury pursuant to paragraph 37-92-602(8)(c)(II). A holder of a vested water right may bring
an action in a court of competent jurisdiction to determine whether the operation of the
detention facility is in accordance with paragraph 37-92-602(8)(c)(II)(A) and (B) has caused
material injury. If the court determines that the vested water rights holder has been injured,
the detention facility will be subject to administration.
In addition, for Detention Facilities constructed after August 5, 2015, the entity that owns,
operates, or has oversight for the Detention Facility must, prior to the operation of the facility,
provide notice of the proposed facility to the Substitute Water Supply Plan (SWSP) Notification
List for the water division in which the facility is located. Notice must include: the location of
proposed facility, the approximate surface area at design volume of the facility, and data that
demonstrates that the facility has been designed to comply with section 37-92-602(8)(b)
paragraphs (B) and (C). The State Engineer has not been given the statutory responsibility to
review notices, however, DWR staff may choose to review notices in the course of their normal
water administration duties. Not reviewing notices does not preclude the Division Engineer from
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 3 of 5
taking enforcement action in the event that the above criteria are not met in design and/or
operation.
To satisfy the notification requirement, operators are encouraged to use the Colorado
Stormwater Detention and Infiltration Facility Notification Portal developed by Urban Drainage
and Flood Control District ("UDFCD"), located at:
https: / / maperture.digitaldataservices.com/gvh/?viewer=cswdif.
Types of detention Facilities contemplated under this statute include underground detention
vaults, permanent flood detention basins,' extended detention basins,2 and full spectrum
detention basins.3 Storm Water Best Management Practices4 (BMPs) not contemplated above,
including all Construction BMPs and non -retention BMPs, do not require notice pursuant to SB-
212 and are allowed at the discretion of the Division Engineer. Green roofs are allowable as long
as they intercept only precipitation that falls within the perimeter of the vegetated area. Green
roofs should not intercept or consume concentrated flow, and should not store water below the
root zone. BMPs that rely on retention, such as retention ponds and constructed wetlands, will
be subject to administration by the State Engineer.
Any detention facility that does not meet all of the statutory criteria described above, in
design or operation, is subject to administration by the State Engineer.
' Flood detention basin: An engineered detention basin designed to capture and slowly release peak flow
volumes to mitigate flooding (Urban Drainage and Flood Control, 2010).
2 Extended detention basin: An engineered detention basin with an outlet structure designed to slowly
release urban runoff over an extended time period (Urban Drainage and Flood Control, 2010).
3 Full spectrum detention basin: An extended detention basin designed to mimic pre -development peak
flows by capturing the Excess Urban Runoff Volume and release it over a 72 hour period (Urban Drainage
and Flood Control, 2010).
4 Best management practice: A technique, process, activity, or structure used to reduce pollutant
discharges in stormwater (Urban Drainage and Flood Control, 2010).
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 4 of 5
Post-Wildland Fire Facilities
Pursuant to section 37-92-602(8), a post-wildland fire facility is a facility that:
• Includes a structure or series of structures that are not permanent.
• Is located on, in or adjacent to a nonperennial streams.
• Is designed and operated to detain the least amount of water necessary, for the shortest
duration of time necessary, to achieve the public safety and welfare objectives for which
it is designed.
• Is designed and operated solely to mitigate the impacts of wildland fire events that have
previously occurred.
In addition, to qualify for the allowances provided in SB-212, the facility:
• Must be removed or rendered inoperable after the emergency conditions created by the
fire no longer exist, such that the location is returned to its natural conditions with no
detention of surface water or exposure of ground water.
• Must not use water detained in the facility for any other purpose nor release it for
subsequent diversion by the person who owns, operates, or has oversight over the
facility. The facility will not be operated as the basis for a water right, credit, or other
water use right.
If the post-wildland fire facility meets the requirements listed above, it does not cause material
injury to vested water rights. While DWR recognizes that post-wildland fire facilities are
essential to the protection of public safety and welfare, property, and the environment, DWR
may, from time to time, request that the person who owns, operates, or has oversight of the
post-wildland fire facility supply information to DWR to demonstrate they meet the criteria set
forth above.
If a post-wildland fire facility does not meet all the criteria set forth above, it will be subject
to administration by the State Engineer.
5 DWR may use the National Hydrography Dataset or other reasonable measure to determine the
classification of a stream
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR
February 11, 2016
Page 5 of 5
Resources and References
Colorado Stormwater Detention and Infiltration Facility Notification Portal:
https://maperture.digitaldataservices.com/gvh/?viewer=cswdif
Colorado Senate Bill15-212:
http: / /www.leg.state.co.us/CLICS/CLICS2015A/csl.nsf/fsbillcont3/13B28CF09699E67087257DE80
06690D8?Openatfile=212_enr. pdf
United States Geological Survey National Hydrography Dataset: http://nhd.usgs.gov/
Urban Drainage and Flood Control District 37-92-602(8) explanation memo and FAQ's:
http://udfcd.org/crs-37-93-6028-explanation-memo-and-faqs/
Urban Drainage and Flood Control District. (2010). Urban Storm Drainage Criteria Manual:
Volume 3, Best Management Practices, updated November 2015. Located at:
http://udfcd.org/volume-three
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
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