HomeMy WebLinkAbout20153477.tiff At
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SUMMARY SHEET
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Planner: C. Gathman Hearing Date: October 6, 2015
Case Number: USR15-0038
Applicant: Wells Trucking , LLC
Address: 32010 County Road 63, Gill, CO 80624
Representative: John Kolanz - Otis Bedingfield & Peters LLC — 2725 Rocky Mountain Avenue, Suite
320, Loveland , CO 80538
Request: A Site Specific Development Plan and Use by Special Review Permit for mining or
recovery of other mineral deposits and materials processing (gravel mining) in the A
(Agricultural) Zone District.
Legal All of Section 10 excluding the NE4 NE4, T9N , R59W of the 6th P. M . , Weld County,
Description: CO
Location: Approximately 1 mile west of County Road 119 and approximately 1 mile north of
County Road 104.
Size of Parcel: +/- 599. 18 acres Parcel No. 046910000004
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Planning Services - Engineer, referral dated August 12, 2015
➢ State Division of Water Resources, referral dated August 4, 2015
➢ Weld County Department of Public Health and Environment, referral dated August 10, 2013
➢ Greeley Soil Conservation District, referral dated September 7, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Public Works — Access Permit, referral dated August 17, 2015
➢ Weld County Zoning Compliance, referral dated July 20, 2015
➢ Weld County Sheriff's Office, referral dated July 23, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Department of Building Inspection
➢ Colorado Parks and Wildlife
➢ Pawnee Fire Protection District
USR15-0038, Wells Trucking, LLC, Page 1 of 9
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: C. Gathman Hearing Date: October 6, 2015
Case Number: USR15-0038
Applicant: Wells Trucking , LLC
Address: 32010 County Road 63, Gill, CO 80624
Representative: John Kolanz - Otis Bedingfield & Peters LLC — 2725 Rocky Mountain Avenue, Suite 320,
Loveland , CO 80538
Request: A Site Specific Development Plan and Use by Special Review Permit for mining or recovery
of other mineral deposits and materials processing (gravel mining) in the A (Agricultural) Zone
District.
Legal All of Section 10 excluding the NE4NE4, T9N , R59W of the 6th P. M . , Weld County, CO
Description:
Location: Approximately 1 mile west of County Road 119 and approximately 1 mile north of County
Road 104.
Size of Parcel: +I- 599. 18 acres Parcel No. 046910000004
Case Summary:
The applicant is proposing a gravel mining operation in which standard excavators and loaders would be
used to recover gravel. No blasting will be required. Gravel would be processed with a crusher and
screening plant. A maximum of six (6) employees are proposed . Shifts will be from 7 AM to 5 PM Monday
through Saturday year-round based on market demand . The total mining area will be 37 acres on a 106.4
acre property. The facility will access through an existing road that enters onto County Road 119 one mile
north of County Road 104. Up to 160 class 7 and class 8 trucks along with five (5) to ten ( 10) pickups will
access the mine on a daily basis. Applicant has a DRMS Permit No. M2015-005.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-5-70.CM .Goal 2 . states: "Promote the reasonable and orderly exploration and
development of mineral resources." The Weld County Sand & Gravel Resources Map
dated July 1 , 1975 the property is classified as unevaluated aggregate located on an
upland deposit — mesa or bench like erosional remnants of ancient stream deposits. The
proposed mining site is located in a rural rangeland area on an escarpment. Upon
USR15-0038, Wells Trucking, LLC, Page 2 of 9
completion of mining operations topsoil scaped from the site will be spread across the
site and will be stabilized and re-vegetated with native seed mixture.
Section 22-5-70.3 CM . Policy 2.3.states: "Ensure that development of mineral resources
addresses the impacts of such development." The proposed mining location is a rural
area. The proposed mining area is located on 37 acres out of 600 acre parcel .
Development standards and conditions of approval (including requiring a road
maintenance and improvements agreement to address impacts and damages to county
roads) are attached to address the impacts of the proposed operation .
Section 22-5-70.C CM .Goal 3. States: "Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways." A road
maintenance and improvements agreement is attached as a condition of approval to
address impacts to county roads (including dust control , damage repair, specified haul
routes and future traffic triggers for improvements).
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including a gravel mining operation in the A (Agricultural) Zone
District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The mining site is located in a rural area. The nearest
single family residence is located approximately 4,200 feet to the south of the mining
area. Another residence (on property under the same ownership as the mining property)
is located approximately 5,000 feet to the west of the mining site. There is a noble oil and
gas well located in the SE corner of the parcel (outside of the area proposed to be
mined).
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is not located within a three-mile referral area of an
existing municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 106.4 acres delineated as "Other" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
USR15-0038, Wells Trucking, LLC, Page 3 of 9
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health ,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health ,
safety, and welfare of the inhabitants of the neighborhood and County.
H . Section 23-4-250 -- Additional requirements for Open-mining have been addressed
through this application and the Development Standards will insure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based , in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following :
1 . Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including dust control, damage repair, specified haul
routes and future traffic triggers for improvements will be included . (Department of Public
Works)
B. The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR15-0038 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld
County Code. (Department of Planning Services)
4. Show the approved access on the map and label with the approved access permit
number (AP15-00381 ). (Department of Planning Services - Engineer)
5. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan . (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) paper
copies or one ( 1 ) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260. D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty ( 120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
USR15-0038, Wells Trucking, LLC, Page 4 of 9
for each additional three (3) month period . (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). . The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld .co. us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required .
(Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on-site construction .
(Department of Planning Services - Engineer)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR15-0038, Wells Trucking, LLC, Page 5 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Wells Trucking, LLC
USR15-0038
1 . A Site Specific Development Plan and Use by Special Review Permit, USR15-0038, for mining or
recovery of other mineral deposits and materials processing (gravel mining) in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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 . (Department of Public Health and Environment)
4. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
5. Waste materials shall be handled , stored , and disposed of 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. (Department of
Public Health and Environment)
6. 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. (Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
8. Adequate drinking , hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day 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 (Department of Public Health and
Environment)
9. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
10. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Planning Services)
11 . The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Planning
Services)
12. The application shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
13. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
USR15-0038, Wells Trucking, LLC, Page 6 of 9
14. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan . Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with , or construed as, traffic control devices. (Department of Planning
Services)
15. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II , of the Weld County Code. (Department of Planning Services
— Engineer)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
17. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking . (Department of Planning Services - Engineer)
18. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized .
(Department of Planning Services - Engineer)
19. There shall be no tracking of dirt or debris from the site onto publicly maintained roads. The applicant
is responsible for mitigation of any road damages or offsite tracking and maintaining onsite tracking
control devices. (Department of Planning Services - Engineer)
20. Buildings, equipment and structures shall conform to the requirements of the various codes adopted
at the time of permit application . Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
2006 International Energy Code; 2012 International Fuel Gas Code; 2014 National Electrical Code;
2009 ANSI 117. 1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
21 . The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
23. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
24. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
USR15-0038, Wells Trucking, LLC, Page 7 of 9
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including , but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan , calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
27. WELD COUNTY'S RIGHT TO FARM : Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold . The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town . Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion , and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C. R.S. , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed , will not provide the same kind of surface expected from a paved road . Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm . Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting . Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
USR15-0038, Wells Trucking, LLC, Page 8 of 9
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood .
USR15-0038, Wells Trucking, LLC, Page 9 of 9
DEPARTMENT OF PLANNING SERVICES
> 86W.r 1555 N 17th AVE
flT GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
tt- E-MAIL: cgathman@co.weld .co.us
PHONE: (970) 353-6100, Ext. 3537
a 0 U N-1-2/ FAX: (970) 304-6498
September 21 , 2015
KOLANZ JOHN
2725 ROCKY MOUNTAIN AVE STE 320
LOVELAND, CO 80538
Subject: USR15-0038 - .A Site Specific Development Plan and Use by Special Review Permit for mining
or recovery of other mineral deposits and materials processing (gravel mining) in the A(Agricultural)
Zone District.
On parcel(s) of land described as:
ALL OF SECTION 10, T9N , R59W OF THE 6TH P. M . , WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 6, 2015, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 4, 2015
at 10:00 a.m. Both hearings will be held in the Hearing Room , Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C. R.S.24-65.5-103 (adopted as part of H . B.01 -1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine F2anslem
/C / Reason: I am the author of thisdocument
LAP-r--\ Date: 2015.09.21 14:50:22 -06'00'
Chris Gathman
Planner
1861 J�` DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
TV
GREELEY, CO 80631
,� Z WEBSITE: www.co.weld.co.us
�� E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
1[A N T Y FAX: (970) 304-6498
eci
July 20, 2015
KOLANZ JOHN
2725 ROCKY MOUNTAIN AVE STE 320
LOVELAND, CO 80538
Subject: USR15-0038 - .A Site Specific Development Plan and Use by Special Review Permit for mining
or recovery of other mineral deposits and materials processing (gravel mining) in the A(Agricultural)
Zone District.
On parcel(s) of land described as:
ALL OF SECTION 10, T9N , R59W of the 6th P. M . , Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine F nslem
NictveFeason: I am the author of this document
""''�"~ Date: 2015.07.20 09:45:24 06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 9/24/2015
APPLICANT: Wells Trucking, LLC
CASE#: USR15-0038
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for mining or recovery
of other mineral deposits and materials processing (gravel mining) in the A (Agricultural)
Zone District.
LEGAL: All of Section 10 excluding the NE4 NE4, T9N, R59W of the 6th P.M., Weld County, CO
LOCATION: Approximately 1 mile west of County Road 119 and approximately 1 mile north of County
Road 104.
PARCEL ID #s: 0469-10-0-00-004
ACRES: +/- 599.18 acres
Zoning Land Use
N A N Rangeland
E A E Rangeland
S A S Rangeland
W A W Rangeland (O&G Support facilities)
COMMENTS:
Mining area is in an escarpment area. An existing access road along with some oil and gas tanks are
located on the property.
C
Chris Gathman - Planner Ill
awiclinn_____
OTIS , BEDINGFIELD & PETERS , LLC
ATTORNEYS AT LAW JohnA. Kolanz
2725 Rocky Mountain Avenue, Suite 320
Loveland, Colorado 80538
970-663-7300
jkolanz@nocoattorneys.com
September 28, 2015
Chris Gathman, Planner
Weld County Department of Planning Services
1555 N. 17th Avenue Via Electronic and
Greeley, Colorado 80631 U.S. Mail
Re: USR 15-0038; Timmerman/Wells Gravel Pit
Waiver of Tracking Control Device Requirement
Dear Chris:
Wells Trucking LLC requests a waiver from the requirement to install a tracking control
device on the entrance road for the Timmerman/Wells Gravel Mine. The mine will utilize an
existing ranch road for access from County Road 119 to the pit. The ranch road is well-maintained,
gravel-covered, and approximately two miles long. (The road is indicated on the attached Index
Map from the State Section 112 Mining Permit Application.)
The current gravel access is more protective of the County roadway than the normal
standard of 300 feet of recycled asphalt or road base plus a tracking control device. A tracking
control device is therefore unnecessary in this instance.
Please contact me if you have a questions or require additional information about this
request.
Sii erely,
a . e)
hn A. Kolanz7
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