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WELD COUNTY
MINERAL RESOURCES
Volume II
Mineral Resource Extraction Plan
July 1975
BOARD OF COUNTY COMMISSIONERS
Glenn K. Billings, Chairman
Roy Moser
Victor Jacobucci
WELD COUNTY PLANNING COMMISSION
J. Ben Nix, Chairman
Harry S. Ashley Ronald Heitman
Chuck Carlson Dean Severin
Bill Elliott John Weigand
Jim Graham Marge Yost
PLANNING COMMISSION STAFF
Gary Z. Fortner - Director of Planning
Roy Jost - Project Planner and Coordinator
Planning Zoning
J. J. Beaver Thomas Honn
Linda Koop Bob Adams
Greg Alward (Intern) Project Asst. Anne Moore
Drafting Secretarial
Charles Cunliffe Linda Jose
B. Lee Carter Janna Morrow
DOCUMENTATION
The method of documentation used in this project is an
efficient, simple system of citing sources recommended by Herman
H. Weisman, Basic Technical Writing (2nd ed. ; Columbus, Ohio:
Charles E. Merrill Publishing Company, 1968) , p. 390. This system,
instead of using a footnote at the bottom cf the page, integrates
the documentation reference within the text line following immediately
the matter or source to be documented. The documentation reference
begins with a paranthesis , then lists the sequential number of
the bibliographic reference source bing used, followed by a colon,
the page numbers of that bibliographic reference, and then closed
by a parenthesis ; for example (2:27) . This tells the reader
that this material was borrowed or quoted from the bibliographic
source appearing second (2nd)• in sequence in the bibliography
(sources cited) and that the matter quoted appears on page 27 of
that source. This system is simple, efficient, and provides the
reader with all the needed information. Sources cited for this
project are listed sequentially in the order that they first appear
in the report.
TA3LL OF CONTENTS
Page
INTRODUCTION 1
A . Commercial Feasibility 5
B . Mineral Resource Areas As Related
To Other Resources and Uses 12
1 . Irrigated Agricultural District 12
2 . Non- Irrigated Agricultural District . . . . . . 15
3 . Resource Conservation Areas 18
4 . Summary and onclusions 70
C . Mineral Resource PoliciPK • 23
D . Amendments to The ►eeic! County Zoning Resolution . . 25
Application 26
Fee Schedule 27
Drawing Requirements 27
Supporting Documents 31
Operations Standards 31
Reclamation Standards. 33
Cancellation of Permit 34
E . Administration and Coordination 35
F . Conclusions 37
SOURCES CITED 30
APPENDICES
A . Sample Weld County , Colorado
Application for Open Cut Mining Permit . . 39
B . State of Colorado Application For
Permit to Operate Open Mining 41
C . Sample Water Augmentation Plan 44
EXTRACTION PLAN MAc Back Cover
WELD COUNTY MINERAL RESOURCE EXTRACTION PLAN
INTRODUCTION
The Weld County Mineral Resource Extraction Plan
was developed in conformance with , and in response to , Title
34 , Article 1 , Section 304 , Colorado Revised Statutes 1973
which states the fsiiowing :
"34- 1 -304 . Master plan for extraction . ( 1 ) The
county planning commission for unincorporated areas
and for cities and towns having no planning commis-
sion or the planning commission for each city and
county , city , or town , within each populous county
of the state , shall , with the aid of the maps from
the study conducted pursuant to section 34-1 -303 ,
conduct a study of the commercial mineral deposits
located within its juridsiction and develop a
master plan for the extraction of such deposits ,
which plan shall consist of text and maps . In de-
veloping the master plan , the planning commission
shall consider , among others , the following factors :
( a ) Any system adopted by the Colorado geo-
logical survey grading commercial mineral deposits
according to such factors as magnitude of the de-
posit and time of availability for and feasibility
of extraction of a deposit ;
-z-
is acting in lieu of a city or town planning
commission . A planning commission in any city and
county , city , or town shall certify its master
plan for extraction to the governing body of such
city and county , city , or town .
( b ) After receiving the certification of such
master plan and before adoption of such plan , the
board of county commissioners or governing body of
a city and county , city , or town shall hold a
public hearing thereon , and at least thirty days '
notice of the time and place of such hearing shall
be given by one publication in a newspaper of
general circulation in the county , city and county ,
city , or town . Such notice shall state the place
at which the text and maps so certified may be
examined .
( 4 ) The board of county commissioners or
governing body of a city and county , city , or town
may , after such public hearing , adopt the plan ,
revise the plan with the advice of the planning
commission and adopt it , or return the plan to the
planning commission for further study and rehearing
before adoption , but , in any case , a master plan
for extraction of commercial mineral deposits shall
be adopted for the unincorporated territory and any
-3-
city and county , city , or town in each populous
county of the state on or before July 1 , 1975 . "
The basic purpose and intent in developing the
Plan was as indicated in the Weld County Mineral Resource
Study .
1 . To provide a means for the conservation of
mineral resources in Weld County ;
2 . To provide , both during the mining process and
after mining operations have been completed ,
for the reclamation of land subjected to
surface disturbance by mining operations ;
3 . To provide for the protection of the County ' s
basic resources such as water ;
4 . To insure the establishment of uses on re-
claimed lands which are in conformance with
the Weld County Comprehensive Plan ; and
5 . To protect and promote the health , safety and
welfare of the people of Weld County .
The Plan is based on the Weld County Mineral Re-
source Study and the conclusions drawn therefrom . The Plan
relates directly to those mineral deposits which can be sur-
faced mined and which are known to exist in this County .
However , the policies and standards set forth in this Plan
are applicable to all surface mining operations , including
those minerals which may be present but as yet undiscovered .
-4-
A . Commercial Feasibility
Colorado State Statutes define the term
"commercial mineral deposit " as follows :
Commercial mineral deposit means a natural deposit
of limestone used for construction purposes , coal ,
sand , gravel and quarry aggregate , for which ex-
traction by an extractor is or will be commercially
feasible and regarding which it can be demonstrated
by geological , mineralogic , or other scientific
data that such deposit has significant economic
or strategic value to the area , state , or nation .
In the actual determination of the commercial feasibility
of a given deposit , a variety of factors are involved .
These include quality , quantity , overburden , location
and demand . In addition , each of these factors may vary
with the intended use of the resource . It is well that
we fully understand the connotation of these determi -
nations before we proc.erd .
Weld County contains extensive deposits of
sand and gravel . Annual production of aggregate over the
past 10 years has ranged between 250 , 000 and 2 , 400 ,000
( 1 : 25 )
tons . These figures are anticipated to increase as de-
mands increase in aggregate deficient areas such - as
metropolitan Denver . With such abundant supplies , long-
range commercial feasibility is sometimes difficult to
determine . This difficulty is due primarily to the fact
-5-
that such determinations are based essentially on supply
and demand functions of the market system . If scarcities
of such resources now existed in this area , the diffi -
culty of the task would be reduced significantly . If
only limited resources exist in an area , at particular
locations , and the demand for such resource is high , it
is a relatively easy task to determine that those are
the ones which must be protected . Herein , the problem
lies . When resources are abundant , it is the long-range
considerations which are most seriously impacted when
resource abuses occur .
When such abuses occur , it is usually because
of conflicts of priority that arise among the sand and
gravel industry , government , private industry and the
citizenry as a whole . The problems caused by such con-
flicts are currently apparent in the Colorado Front Range
Area . These problems stew, from several causes .
First , urban and suburban expansion has been
most often motivated strongly by short-term profit , with
little regard to the presence of sand and gravel deposits
which may underlie such areas . Second , flood plain and
low terrace lands appeal to many home buyers and develop-
ers , but often such lands also represent prime sources of
quality sand and gravel . If such development occurs , the
sand and gravel deposits cannot be extracted . Third ,
many areas of extensive aggregate extraction which were
-6-
once beyond growth areas are now surrounded by new
developments , forcing gravel trucks to operate through
residential zones and already congested commercial
districts . Because of such growth , extractors have en-
countered strong resistance from a variety of groups
concerned with the effects of mining , truck traffic ,
proximity to residential areas , rehabilitation of mined
areas , and potential damage to ecosystems . Fourth ,
urbanization , as it covers valuable aggregate deposits ,
forces extractors to mine further away from principal
markets . This increases costs paid by the consumer be-
cause of the increased costs of transportation of the
raw products . Fifth , as urbanization and mining proceed
away from urban areas , the agricultural sector becomes
involved in land-use conflicts . Flood plain and terrace
lands in many places provide rich soil and irrigation
water for crop production . Finally , in past years , sand
and gravel companies have not been required to rehabili -
tate the land they have mined . Thus lands which might
have been returned to productive uses are now wastelands .
Each of these problems must be reviewed with critical
concern in Weld County if we are to most effectively use
our resources .
In Weld County , we are particularly fortunate
in several respects . First , the County is underlain by
substantial deposits of sand and gravel resources of
-7-
varying quality . Second , a great portion of these
deposits are still accessible . Finally , Weld County has
not yet been subjected to impacts associated with open
cut mining accomplished without concurrent reclamation
efforts . In general , we still have the opportunity to
insure that the utilization of our mineral resources will
not only be possible in future years , but will be ac-
complished with reference to standards which minimize
the negative impacts on other resources and land uses .
After reviewing the above problems , it is quite apparent
that such standards and objectives must be developed
within the total context of land use policies and
practices in Weld County today . They must be developed
with reference to and within the framework of the ex-
isting Weld County Comprehensive Plan .
With these problems and needs in mind , the
determination of commercial feasibility becomes even
more complex . Determination that a particular deposit
is commercially unfeasible at this time , can imply the
removal of the opportunity to extract such deposit , at
a time when needs dictate its extraction to be com-
mercially feasible . We have already noted the influences
of supply and demand on such determinations . Other
factors involved include quality , quantity , overburden
and location .
-S-
Various qualities of sand and gravel may be
utilized for differing purposes . Where the production
of ready-mix concrete demands a high quality mineral ,
lower quality minerals may be used extensively for road-
metals . Thus , even though a deposit is of low quality ,
the demands for its use may be high . This means we must
realize the value of even our low quality sand and
gravels .
Quantity and overburden are closely related
( ?: interviews )
factors . Local producers have indicated that a 9 :
deposit to overburden ratio is a good rule of thumb when
trying to determine the commercial feasibility of ex-
tracting sand and gravel resources in today ' s market .
( 3-4 : interviews )
In the same way , a 10 : 1 ratio is used to determine the
feasibility of coal extraction ; however , a high quality
coal deposit will exceed this ratio . In some parts of
the country , high quality coals have been stripped at
( 5 : 4 )
a 30 : 1 , overburden to quantity of resource ratio . In
addition , the deletion of more accessible deposits can
change this ratio significantly .
Finally , location is an especially important
consideration in sand and gravel . Transportation costs
from the extraction site to the market area can account
for the major portion of the total product price to the
consumer .
-9-
In the long range , these factors become less
significant . As large , high quality deposits with
minimal overburden , which are located close to market
areas are depleted , smaller , low quality deposits covered
with greater amounts of overburden and located in areas
more distant from markets become more attractive for use .
As this process continues , the only deposits which will
eventually remain , are those which are considered by
today ' s standards to be marginal . This process is in
fact , taking place . It is quite evident in the coal in-
dustry and in the sand and gravel industry around major
urban centers . It has been predicted that some metro-
politan areas , like Denver , could deplete their aggre-
gate resources in the near future unless adequate con-
servation measures are implemented . Therefore , an effort
is made in this Plan to address both the " long and short "
of these factors which affect resource deposits and open-
cut mining practices in Weld County .
Sand and gravel rank first in value and amount
among the nonmetallic , non -fuel mineral commodities pro-
( 1 : 26 `
duced in this country . These raw materials are basic to
the construction of our homes , schools , hospitals ,
churches , shopping centers , streets and highways , air-
fields and bridges . In addition , they play important
roles in the areas of sewage treatment , water filtration ,
agriculture , landscaping , transportation , manufacturing ,
-10-
recreation and petroleum production . Our coal resources
have also assumed greater significance in recent years
as energy supplies have dwindled . We consumers cannot
take for granted that our supplies of these resources
are inexhaustable . It must be realized that these re-
sources are the result of geological processes , that
their distribution is limited , that they can be mined
only where they occur naturally , that they are essential
to all kinds of construction , and that proper steps must
be taken to ensure that adequate supplies are kept
available to meet present and future demands . The as -
surance that future generations will have optimum ag-
gregate resources is a goal we must all strive to achieve .
This Plan does not attempt to second guess
future market conditions or a variety of other changing
variables by determining at this point in time , which
deposits are expendable and which deposits must be saved
at any cost . Rather , all resource deposits are evaluated
with reference to their status as valuable and limited
resources , and with reference to total land use patterns
and policies in Weld County today .
-11-
B . Mineral Resource Areas As Related to Other Resources
and Uses
fhe Extraction Plan Map ( pocket- hack cover) delineates
the location of sand , gravel , and coal resources as they re-
late to the County ' s agricultural lands . Minerals which
may be surfaced mined are depicted by hatched lines . Dark
green lines indicate sand and gravel deposits in conjunction
with irrigated agricultural . lands . Light green lines indi -
cate sand and gravel deposits in conjunction with non- irrigated
agricultural lands . Blue lines delineate sand and gravel
resources in floodplain or floodway areas , which may be re-
ferred to , for the purposes of this Plan , as Resource Con-
servation areas . Black lines indicate the presence of
potentially strippable coal resources in any of the above
named resource areas .
1 . Irrigated Agricultural District
Weld County is characterized by extensive and in-
tensive agricultural production activities . Agriculture is
a vital segment of the County economy . The County , as a whole ,
is ranked number two in agricultural production among all
( 6 : 1 )
the counties in the united States . Irrigated agricultural
lands are in general , the most productive in the County .
Closely tied to water distribution systems , these lands are
found primarily within the major drainages of the area . On
the Extraction Plan Map , these areas are depicted in dark
green . The dark green hatch lines indicate those areas where
- 1 ?-
such lands are underlain by sand and gravel resources . In
such areas , sand and gravel deposits serve as aquifers from
which water is drawn for agricultural and domestic uses . As
will be noted in referencing the Map , these lands and mineral
resources , in many cases , occupy those areas most susceptible
to urban growth . The Weld County Comprehensive Plan has
recognized that "agriculture is considered a valuable re-
source in Weld County which must be protected from adverse
impacts resulting from uncontrolled and undirected business ,
( 7 : 48 )
industrial and residential Growth . " To insure this protection ,
the Plan further states that " . . . any uses of prime irrigated
farmland for uses other than agricultural will be critically
reviewed to insure the proposed development will not ad-
versely impact the agricultural interests of the county and
that the development will positively contribute to the over-
( 7 : 48 )
all economy , environment and tax base of the county " . In
those areas where prime agricultural lands are underlain
by valuable mineral resources , the need for such protection
and conservation is further emphasized . As in the case of
croplands , when urban uses are allowed to develop over
mineral deposits , negative impacts result related to the
potential use of these resources . More specifically , this
would preclude the use of such lands for agriculture or
mineral extraction .
In order to provide protection of such lands , the
A- I Agricultural Zone District was established under the
-13-
Weld County Zoning Resolution in December , 1973 . The in-
-- tent of this District as stated in the Resolution is as
follows :
The intent in establishing the A- I Agricul -
tural Zone District is to allow all agricultur-
al and related uses in those areas in which
agriculture is and should continue to be the
predominant land use . This district is intended
to discourage encroachment of incompatible uses
upon the agricultural land in the district , to
encourage agricultural uses as the highest and
best use of the land in the district as compared
with other uses in conflict therewith , and to
provide for the orderly expansion of urban growth
in conformance with the Weld County Comprehensive
Plan . (U:6
Under the Resolution , only those uses compatible with agricul -
_ tural operations are allowed . A secondary benfit of this
approach is the protection of our mineral resources , where
such resources underlie irrigated agricultural lands . In
this manner the extraction of such resources is not precluded
by the establishment of incompatible uses . However , in con-
sidering the interrelationships between agricultural and
extractive uses , certain incompatibilities must be taken into
account .
Surface mining will in fact deplete the irrigated land
base , unless affected lands are reclaimed for use as irrigated
cropland . In addition , surd and gravel deposits serve as
aquifers which provide wa r for production of crops , as well
as , domestic uses in farm areas , If these aquifers (deposits )
are removed , impacts can be expected on surrounding lands
-14-
and residences , as well as , on the land immediately
affected by the surface mining operation . Thus , the trade-
offs between agricultural and extractive uses must be care-
_
fully considered . As an overall approach , it would seem
best to discourage the extraction of mineral resources
which deplete prime irrigated lands , until such time as
similar resources which lie outside of irrigated areas are
depleted . When this occurs , the loss of prime farmland to
extractive uses ,must be carefully considered within the con-
text of the total needs and impacts at that point in' time .
Herein , lies the opportunity for the benefits derived from
multiple-sequential use . Some aggregate lands can be mined ,
landfilled and developed for residential , industrial and
agricultural use . Oter mined lands can be converted di -
rectly into attractive recreational sites . However , such
uses must be evaluated within the total framework of land
use plans ; in this %aisle , the geld County Comprehensive
Plan . We cannot afford t .a +:rifice one resource in order
to gain another when such sacrifice is unnecessary . Mined
lands have economic poten:'iel for everyone ; however , so do
our agricultural land . T we are to utilize our resources
in the most efficien '_ erne H ieficiai manner , the trade-offs
which occur between tiv se valuable and limited resources
must be a concern to to total community .
2 . Non- Irrigated Aricultural District
Dryland crop arca and rangeland constitute a sig-
nificant portion of Weld County ' s land area . These vast
-15-
acreages are found in some of the less populated por-
tions of the County . These lands support large popula-
tions of wildlife and livestock , as well as important
dryland agricultural crops . These areas are depicted on
the Extraction Hai Map in light green . The light green
hatch pattern indicate when these lands are underlain
by sand and gravel deposits . These deposits , as in the
irrigated areas , serve as a u ' fers wh ! :n provide water
for use in crop and stock productic n . They also provide
water for dori . si i eds ir these areas . Under the Weld
County Zoning Rec. . luti !1r, _ e A-r; Agricultural Zone District
( Dryland Areas ) was esLablished under the same intent as
the A- I Agricultural Zone :District ( Irrigated Lands ) . That
is , to protect agricultural lands for agricultural uses .
It is anticid hat surface mining operations
in non- irrigated area! '. 1; ii ! have lesser impacts than those
in irrigated areas . Te tc; ? io4:inc factors enter into such
considerations :
( a ) In •:;c:ror ,? , t non- irrigated areas of
the County aro :n0r0 sarsely populated than irrigated
area5 . As a r ' 1 . :;• i ,llrq operations will not
impact as may pele who night be residents in
the surround r=• r •
(b ) The qf nn - irrigated lands would not
impact the econ..:, to th€ extent that the loss
of irrigated lands would if considered from an
overall economic standpoint ; and
( c ) The impacts on water distribution systems
caused by extraction in these areas would not be
as severe .
Thus , as an overall approach , it would seem best to accomodate
extraction in these areas , rather than in prime irrigated
areas as long as appropriate standards are observed . Again ,
as in the case of irrigate ' areas , such operations should
be evaluated within the total context of land use goals ,
objectives and policies. in Weld County today . In addition ,
the negative impacts of such operations on surrounding
agriculture uses and on surrounding residents must be mini -
mized to the greatest extert possible . Finally , before
any such operation is permitted , proper reclamation designs
must be incorporated n the overall operations ' planning
process .
In general , the intent is to encourage mining operations
in those areas where the fewest negative impacts result and
where the loss of productive lands can be minimized . By
accomodating mining operatons in non - irrigated areas as
opposed to irrigated aYea _. , the ? lan attempts to establish
a realistic approach to trade-offs which must occur between
the elements of the overa,l 1 natural resource base . However ,
as in irrigated areas , such operations must be evaluated
with reference to their overall impact on agricultural
lands and uses , and with reference to safeguarding the
health , safety , and welfare of the citizens of the County .
3 . Resource Conservation Areas
Sand and gravel deposits along our major stream
channels generally coincide with floodways and floodplains .
These lands also function as wildlife habitat areas for
a variety of species , and as aquifers recharge areas . It
is in these sanc areas that soil erosion control measures
are vital , and in which s&vre limitations exist in terns
of urban development . hse lands are also characterized
by their scenic and recreational qualities .
Floodplain sand an gravels have been identified
by the Colorado Geological Survey as the most significant
landform unit in terms of sand and gravel resources . It
is especially important that these limited deposits be
protected from any use which would interfere with their
extraction . Lands underlain by these resources are depicted
on the Extraction Plan Map by blue hatch lines .
Existing zoning on these lands in Weld County is
predominately irrigated ( A- I ) or dryland ( A-D ) agriculture .
The intent of these zone: is as explained above , the protection
of agricultural lands for agrcultural use . However , additional
considerations must De made with reference to establishment
of uses in these areas .
-18-
First , these lands , in general , lie in flood
prone areas . The establishment of structures or uses which
- can be damaged by floodwaters should not be allowed in
these areas . This is supported by policies contained in
the Weld County Comprehensive Plan which states :
Floodplains and other unsafe or unsuitable
- -- areas for tau i di nr shall be kept open and free
to accoraodate the acts of nature . (7:78)
Further , Weld County throulh its membership in the Federal
Flood Insuran' itniistration program is obligated to ob-
serve certain restriction :n development in flood areas .
These factors further upnrt limitations on development
which would revent •:ne extraction of mineral deposits .
In general , only those ue which are compatible with the
natural characteristi : s of these areas should be allowed .
These would include aq- .u ! tural crop production , grazing ,
sand and gravel extraction , wildlife habitation , recreation ,
and other similar uses .
Second , it is in the designated resource conservation
areas that we find our les: productive agricultural lands .
If we must indeed sacrifice r portion of our agricultural
lands to obtain needed mineral resources , it is best that
we lose those that arc is 2,oduct_ive , rather than those
which are generally more produtve.
Finally , though .l neral extraction should be encouraged
in these areas , it %hou10 e allowed only when meeting
appropriate standards for reclamation of the affected lands .
Again , both extraction and reclamation design must to
accomplished within the full context of the goals , ob-
jectives and policies established by the Weld County
Comprehensive plan .
4 . Summary and Conclusions
If the goal of :7.ouservihg our natural resource
base is to be ra f : z:, , number of factors must he given
consideration . Fs , ; t must h realized that our mineral
resources ar : rult eolrigical processes , that their
distribution ls teat they car, be mined only
where they occur In addition , it must be realized
that great demands e:. :. t + r these resources for a variety of
uses , and that these 0i-oi,tn:.16 will have increasing impacts on
Weld County as Simila' ; eo rce deposits are depleted in
other areas . ' he tat expected because Weld County
contains abundant s•j: ozie' rf these resources , particularly
sand , gravel and coal . :1�0 . '. ore e still accessible for ex-
traction operations . : f to ; otential of these valuable
and limited resource =:icons ; ` `. is to he realized in Weld
County , we must prot ' . 't ,`•.e resources by liscouraging
uses which would orecl ir extraction . Only in this
way can we ensure tht ec,� ::it.c_ suppl . es are available to
meet present and Future d : nds .
Second , thob ir .:liner3l resources are characterized
as valuable and lim; td r•..,. urce , we r'rannr't assume that these
resources exist in a vacuum. Rather , their presence and
use is closely related to o ` iicr valuable and limited re-
sources such as c r agricultural: lands and water supplies .
Thus , mineral re ur< <: z.onserv.ition and development must
be closely conidre... +.riihn the full context of land use
goals , objectives and i iriess in Weld County today ; more
specifically , within; the fraework or ;_he Weld County
Comprehensive P1 ,±►, .
In ord ' ' ; n '„1,: : `.►;'.
• integration , and to
recognize the c. trre ; .:► ,. i �.s between the various elements
of Weld County ' s re our ; se , the following approach wi l l
be utilized ir, ev<i; ;,° '.s =sorce extraction proposals .
( a ) The pr! tect. ion of the County ' s prime
agricultural Ids tor agricultural use is
a primary goal c; t 1he Weld County Comprehensive
Plan . Since tse o;..tity ' s irrigated lands are the
most prodct : e l ;r.Hs for agricultural use , and since
surface minih c . ;.'ions can seriously deplete
and i mpac ths� i iods , surface mining will be
discouraged in r : ; .1.e irrigated agricultural
areas unless ." i cc . lands are reLlaimed for
use as irrigate . • : and. ,his approach should
be followec; until ; r, : ime as similar resources
which lie outi ..4.O 7 irrigate, areas are depleted .
( b ) The impacts caused by surface mining
operations in non- irrigated areas will be less
severe than s i.r. i lar impacts on irrigated areas .
This is clue ;,rimarily to three factors . In
general , these area are more sparsely populated ;
thus fewer impacts result on surrounding residents .
Second , these areas are less productive on a per/
acre bass ; t, us economic impacts are less severe
when 1 . r.:i , .; r remove<< from production . Finally ,
- the im :'u: Ls on ;.•. r distribution systems are
minimized beca ;. ; these areas in general lack
sophisticated distribution systems . Thus , as
an overall approach , extraction wi l l be accomodated
in these area; i �nq as appropriate extraction
and recla:nat io,: ': t. :•:dards are followed .
(c ) T ! o rt= ..z• ;- ; connervation areas depicted
on the Extr• ; . - 1J, t ap are underlain by the
County ' s arose '. : ;�. ! cant sand and gravel deposits .
It is important tnaL these valuable and limited
deposits be pr-r t Lc :.:.l from encroachment by uses
which would tt:eir extraction . Thus , riot
only will extra .. : f sand and gravel be encouraged
in these areas , ;; ; i,es which would preclude the
extrac t io,i o , _.:.: rc_ sc u-.:.es will be discouraged .
Again , extract,ion orations must follow appropriate
>>_
extraction and reclamation standards as defined
by weld Count. ' rgui tions . In support of this
approach , it may be noted that these areas c,ori-
tain our ' ; productive agricultural lands ,
• and are charai terized by natural features which
are hazardus to urban development.
( .1 ) Sc fa _ ccei . ; in operations will be
acco,:ro, atc . only in dry ind agricultural areas ;
an,_ •:,nl. nd!er the strictest extraction and
re ; ar!ation r; l r s . Compared to sand and
gravel cir:pr ticinc , ..oai extraction affects
greyer s .+ +' r' a , and re:.uitiny negative impacts
are more ev<. . .. .
Finally , in all extr•r1ui. io t r?r;jtionS , the impacts on the
general public , as well 6 .. _ ffected lands , must be considered
in extraction and r'rc: i ;;a . ?. '+n des nn . it is the intent of
the Plan to insure ta ` "c;niderations are indeed realities .
C . Mineral Resource Poi .
The fol ic:r ' n cies shall apply to the? r�t'1� - ,+- r, , qt con-
nervation cif'
l 1 ' he conduct of open mining
�� .: ► . : r€:. -
operations in Weld Co . j .
1 . Access to i u c :re ordi resource development shall
be consider in ' . ; and use decisions . In accordance
with Colorac;o 5t. u . no Weld County governmental
autho"' ty whit r i.ontol over zoning shall , by
zoning ., r•ezo" : t?•, , r ,ir; tir• a variance , or other
official actin • action, the use of
any it ea ki10 in a !:ut'iirlercIai mineral
depos i in !a: : . wideh would interfere with the
present or tti.r ' extrat.i3,ri of such deposit by an
extractor .
2. Open cut mining operations shall be discouraged
on prima irrigated agricultural lands until such
time that alternative rec.ource deposits within
less i'rnduct , ve lard area; are depleted . Only
when det i. i led extrictirnn and reclamation plans
accompanied by economic an:i environmental impact
statements , prepared by recognized experts
justify he `,ac;r• i t ice of these agricultural assets
will such requr, t fnr open-cut mining operations
receive lavor' ile ; cif+siderati`rn .
3 . Sand and gra _ i eJ:r•action snail be accommodated
in non-i rr i ns ted •'g r' t '.0 i t'1ra i are and encouraged
din re�sourn,: conse'r vatiori area; as defined by the
Weld Counf.y Ro;nnrenf ifttat. f. ion Plan . Requests
to cond ;;: t n nn •-,:ut riini ';y operations in such areas
will . ,_ : :r -. ! ;r•:n: ,i ; r, ( onsideration only when
ace.aY;. i , ni C. t .- . ct. ii,li and reclamation plans
_ r:he niortnc siab ! ished by Weld County
• reoul r. ; its . u : . :. : nnform with the Weld County
Compr•r. her:_• i •v..:
4 . In all r :que . * t :}r. open-cut mining operations , the
broad effec : .: ' t !.ene operations on surface and
underground waer u;.rplies , and on water distribution
and drainage ytem`': sha 1 l be taken into account .
5 . Open-cut minirrg of coal resources shall be permitted
only in non- ir rieated agricultural areas . Requests
for such oper . .;iei: . :hall receive favorable con-
sideration or, i ; ::r,er justified by a detailed ex-
traction and - , ); :.11 ton plans accompanied by
economic ar, i :-nv i ! nementa l impact statements prepared
by recognize i
6 . Requests for r'=1i -• :. !. mining operations shall not
receive favcr1Y : c• +:criiidration unless accompanied
by extraction and reclamation plans approved by the
Board of Cour' .y aomr. r .'; ioners . Such plans shall
meet the st::r..:.•.T = Girescri bed by Weld County regula-
tions .
These policies arc dEt ! n:.. . ..e achieve various objectives :
first , to provide a meo'.s tar the conservation of Weld
County ' s mineral resource ; second , to insure the reclamation
of lands effected by open-.::t mining operations ; third , to
insure that the interr't. : atio.rsips of the various elements
of Weld County ' s natural resource base are considered in
all decisions relating to mineral resource conservation and
use ; and finally , to insure the protection of the health ,
safety , and welfare of the people of Weld County . In the
final section of this Plan , amendments to the Weld County
Zoning Ordinance designed to provide minimal standard for
open-cut mining operations are considered . These amend-
ments will provide additional means for achieving the
stated object ..1. .
D. Amendments to the Weld County Zoning Resolution
Under the Weld County Zoning Resolution , open
cut mining operations are permitted in the A- I Agricultural
Zone District and in the P- P, Agricultural Zone District upon
the granting of a special u :e permit by the Board of County
Commissioners . Reques . for such operations are subject to
the additional require!+ en . of Section 5 . 1 ( 3 ) of the Weld
County Zoning Resolution , Th following amendments to
Section 6 . 1 ( 3 ) are declared to be necessary for the immediate
protection of the health , safety and welfare of the inhabitants
of Weld County .
Section fi. I t 5 1
dofcr.: ;:t,., t_ rr'1i t for th+. location of
an open minimo c;iir:: : i ' ,, , •: . I : p I .s t .r bdtch plant (concrete )
- is issued , the f' IAn,i ' . rt,!! :3r .c ,;,.. d of County
Commissioner h , l I �`.: r• ! •. I;ru.i !r I:ui is hearings, that
the following pl o r; ,r, n ; I iii e; , which shall
accompany th -is I' r i i , provide sd -guat.,
- 5-
protect ion of the Irc.il 1 h, safety and welfare of the i n-
habitants of the area and the County .
A. Application •- Any operator desiring such a permit shall
file an application in such a form as prescribed by the
•
Weld County Pl anr, ing Commission . The application shall
contain the following information .
I . A certi f icd boundary survey of the property for
which appi icoation i s made, , including a complete
and accurate l ega l description of the parcel in
question . Such legal deecr i p i i en must be approved
by the County Attorney prier to echedul ing of the
application for hearing.
2. The lee own( r or owners. . f the surface of the area
to be Is, ; . . :t .
3. The fee c' .nt r- or owrer-s of the substance to be mined .
4 . The seur.:e of they applicants ' legal right to enter
and to open nine ee the land affected by the permit .
5 . The address c: f the general office and the l oca l
address or caddreeee , of the applicant .
6 . Whether tho •,peIi : dr: t or ,any affiliated person holds
or ho,; hold any the;r permits for open cut mining
and an idontif ieetton of such permits .
7. A dete i led des : I p t i on ot the method of operation .
Such description ehel i include :
. The t ypee ;j ;..? n:Inal :,rc of operating and process-
, ing equipment to be employed .
b. The number of. ::.hilts to be worked and the maximum
number of employees .
c . Whe; I;r�r. ° ii.. t..eeietion wi i I involve a wet or dry
pit .
d . County roes + dgcs to he uti I i zed .
e. The size of the : r•e.a and stages to be worked at
any o n e: . ; fr; .
f . A tii.+e Ieole •i ving the periods of time which
wit ; be required for the vr i ous stages of the
uperat ion .
4- 6-
g . The depth and thickness of the mineral deposit
to be mined and the thickness of overburden .to
be removed .
h . The proposed use of reclaimed lands and an ex-
planation of the reclamation process .
i . The source of technical advice in that type of
reclamation for open cut mining land .
j . Any other information determined to be necessary
by the Board of County Commissioners or their
authorized representative to insure the protection
of the health , safety and welfare of the inhabitants
of Weld County .
B. Fee Schedule - All applications for open-mining operr,t i '.r:�;
sha l I be accompanied by a fee in an amount determined by
the following schedule.
Operation size Fee
5 acres or less $25. 00 per acre or por-
tion thereof .
Greater than 5 acres $ 125. 00 plus $5 . 00 per
acre or portion thereof
in excess of 5 acres .
C . Drawing Requirements - All applications shall be accompanied
by the following maps which shall be delineated in drawing
ink on mylar or other drafting media approved by the
Planner in the following size: twenty-four (24 ) inches
by thirty-six ( 36 ) inches . The maps shall be prepared
and certification made as to their accuracy by a registered
land surveyor or professional engineer livened to do such work by
the State of Colorado.
I . Vicinity Map - The vicinity map shall be prepared at
a I " _ 600' scale and show the following information
within a one-half ( 1 ) mile distance of the proposed
operation .
a . Perimeter outline of the parcel ( s ) of land to be
involved in the operation .
-27-
b. Adjacent mining operations .
c. Fee owners of adjacent surface lands .
d . All residences within one-half ( 4 ) mile of
the proposed operation .
e. The name and location of all roads, bridges ,
irrigation ditches , oil and gas wells and
lines , utility lines and streams or other
bodies of water within the scope of the map .
f . The general type , thickness and distribution
of soil over the parcel under consideration .
Soil types shall be noted in the legend and
include their suitability for agricultural use,
as well as their suitability for the use ( s )
proposed in the reclamation plan .
g . Section , Township and Range.
h . Accesses to area .
i . Title , scale , and north arrow .
j . Date - to i nc l ude revision dates if applicable .
2 . Extraction Plan Map - the Extraction Plan Map shall
be prepared at a l " = 100 ' scale and sha l I include
the parcel in question, as well as features within
500 feet of the parcel boundaries . The scale of
the map may be reduced to I " = 200' or 1 " = 300'
upon approval of the Planner. The Extraction Plan
Map shall display the following information .
a . A certified boundary survey of the property for
which application is made . Bearings and dis-
tances of all perimeter boundary lines shall be
indicated outside the boundary line .
b . The topography of the area at five (5 ) foot
contour intervals or at intervals as determined
by the Board of County Commissioners or its
authorized representative .
c . The name and location of all streams, including
normally dry streams , ponds or other bodies
of water, existing and proposed structures and
landscape features .
-28-
d . The size and location of proposed pit
areas .
e . The phases of the operation . The legend
will include the times required for each
phase of the operation .
f . The location of all proposed operating
structures , parking areas , ingress and
egress , stockpile areas , and circulation
routes . Equipment which will be moved
as operations proceed , such as portable
crushing and screening plants , do not
need to be located on the map , but
should be noted i n the legend .
g . The legend shall include a complete and
accurate legal description as prescribed
by the application form . The description
shall include the total acreage of the
surveyed parcel .
h . Certificates
•
( I ) Surveyino Corti firate
( 2 ) Certifirate of Responsibility
( 3 ) Planning Commission Certificate
( 4 ) Certificate of Approval by the Board
of County Commissioners
( 5 ) Recorder ' s Certificate
i . Title , scale , and north arrow .
j . Date - to show revision dates if applicable .
k. Extraction Standards .
I . Such additional information as may be required
by the Board of County Commissioners to satisfactorily
explain the general requirements for the type of
operation anticipated.
3 . Reclamation Plan Map - The Reclamation Plan Map
shall be prepared at a I " = IOU ' scale and shall
show the parcel in question , as weal as features
within 500 feet of the parcel .
-29-
The scale of the map may be reduced to I " = 200'
or I " = 300 ' upon approval of the Planner . The
Reclamation Plan Map shall display the following
information :
a . A certified boundary survey of the property
for which application is made . Bearings
and distances of all perimeter boundary
lines shall be indicated on each boundary
line.
b . The topography of the proposed area at
2 ' contour intervals or at intervals as
determined by the Board of County Commissioners
or its authorized representative.
c . The name and location of all streams , ponds
or other bodies of water, structures, circulation
routes and landscape features which will remain
or are proposed on the site.
d . Accesses to area .
e. Reclamation Standards.
f . The legend will note the source of technical
advice in developing the reclamation plan .
g . The legend shall include a complete and accurate
legal description as prescribed by the application
form. The description shall include the total
acreage of the surveyed parcel .
h . Certificates
( I ) Surveying Certificate
(2 ) Certificate of Responsibility
( 3) Planning Commission Certificate
(4 ) Certificate of Approval by Board of
County Commissioners
( 5 ) Recorder ' s Certificate
i . Title, scale and north arrow .
-30-
j . Date - To show revision date if applicable .
k . Such additional information as may be re-
quired by the Board of County Commissioners
to explain satisfactorily all general require-
ments for the type of reclamation chosen .
D . Supporting Documents - The following documents or
any other similar documents shall be submitted by
applicant if deemed necessary by the Board of County
Commissioners or their duly authorized representative
for the protection of the health , safety and welfare
of the inhabitants of Weld County .
1 . Water augmentation plan .
2 . Cross sections of drainage structures (culverts
for access to County roads , interior haul roads
crossing water forms , check dams constructed for
water control of ponding or stream channeling ) .
3 . Profile and typical cross section of haul roads .
4 . S afety improvements plan .
5. Environmental impact statements .
E . Operations Standards
1 . No excavation or processing of sand and gravel
shall be permitted nearer than 10 feet to the boundary
of adjacent property , easement or irrigation ditch or
right-of-way , nor nearer than 125 feet to any existing
residence , unless by written agreement the owner
or owners of such adjacent property consent to a lesser
distance and the Planning Commission approves such
lesser distance . The Planning Commission may set a
greater distance than mentioned above when , in their
opinion , it is justified . ( Rev . 7/15/70)
2 . All sand and gravel operations shall be conducted
during the hours of daylight except in the case of
public or private emergency , or to make necessary
repairs to equipment. This restriction shall not
apply to operation of administrative and executive
offices or repair facilities located on the property .
3. Weeds and any other unsightly or noxious vegetation
shall be cut or trimmed as may be necessary to
preserve a reasonably neat appearance and to pre-
vent seeding on adjoining property.
4. Existing trees and ground cover along public road
frontage and drainageways shall be preserved , main-
tained and supplemented if necessary, for the depth
of the setback in order to protect against and/or
reduce noise, dust and erosion .
5. In-so-far as practicable, all means of access to the
property from any street shall be located and design-
ed as to avoid the routing of vehicles to and from
the property over streets that primarily serve
residential development .
6 . All access roads from sand and gravel operations
to public highways. , roads or streets, or to adjoin-
ing residential structures, shall be paved or other-
wise treated to minimize dust conditions on all parts
of such access roads which are located within one-
fourth mile of the public highway , road , street, or
adjoining residential structure.
7 . Prior to starting excavation in certain specific
instances, as first determined by individual investi -
gation by the Board of County Commissioners or their
_.. duly authorized representatives , where excavations
are considered hazardous or otherwise harmful to
nearby residents or to their property, the Board of
County Commissioners may require the excavations
to be fenced or that some other action be taken on
the part of an operator in order to minimize the
hazardous situation . Chain link fencing to keep out
young children, three strand barb wire to keep out
livestock, acceleration/deceleration lanes to
facilitate the safe/smooth flow of traffic, and water
augmentation to compensate for water losses caused by
evaporation are examples of actions which may be
required by the County Commissioners.
8 . Where topsoil is removed , sufficient arable soil shall
be set aside, for respreading over the excavated area .
9. Rock crushers and concrete and asphalt mixing plants
may be allowed . However , the Planning Commission
or Board of County Commissioners may set out additional
conditions urrdor which these oporafions i ons may be permitted ;
and said conditions may vary by location due to abutting
land uses .
-32-
10. Insurance - The operator shall furnish evidence he
is insured to the extent of not less than $ 100, 000 . 00
against liability for any negligent act or omission
by the operator from the operation or maintenance of
the sand and gravel pit and the extraction and pro-
_ duction of sand and gravel and all activities con-
nected with or incidental thereto. ( Rev . 7/ 15/ 70 )
F. Reclamation Standards
I . Upon the completion of operations, the land shall be
left in a safe condition . Sufficient drainage shall
be provided so as to prevent water pockets or undue
erosion . Grading shall be accomplished in such a manner
that storm water leaves the property at the original ,
natural drainage points. Run-off at any one such
point shall not normally be increased over historic
flows . Increases over historic flows shall be
allowed only when it is shown that the increased flows
will not adversely impact uses or lands affected by
such flows . Trees , shrubs, legumes , grasses , or other
ground cover shall be replaced in order to avoid
erosion in-so-far as is practicable .
2 . All excavated areas shall finally be graded in sub-
stantial conformity to the use of the land proposed
in the reclamation plan . Ridges , banks and mounds
shall be graded so as to minimize erosion . In no
event shall a slope of less than 2 : 1 be left when
operations are complete. In addition , ridges and peaks
shall be struck off to a width of not less than fifteen
feet at the top .
3. Earth dams shall be constructed in final cuts of all
operations, where p -actical , if necessary tc impound
water, if the formation of such impoundments will
not interfere with mining operations or damage ad-
joining property .
4 . Acid forming material in the exposed face of a mineral
seam that has not been mined shall be covered with
earth or spoil material to a depth which will protect
the drainage systems from pollution , unless covered
with water to a depth of not less than four feet .
5 . All refuse shall he disposed of in a manner that will
control stream pollution , unsightliness , or deletrious
effects from such refuse, and water from the mining
operation shall he diverted in a manner designed to
control siltation , erosion , or other damage to streams
and natural water courses .
-33-
6. Excavations made to a water-producing depth and
which will not be refilled must leave a minimum
' water depth of at least five feet measured from
low water mark.
7. All graded or backfilled areas shall be covered
with topsoil to a minimum depth of six inches,
except that no greater depth of topsoil shall be
required than that originally existing on the
property prior to commencement of operations . The
property shall be graded so that stagnant water
will not be permitted to collect thereon .
G. Cancellation of permit - The Board of County Commissioners
shall have the power to cancel permits for violation of
any of these regulations or conditions imposed by said
Board . The Board of County Commissioners shall cause to
be served written notice upon the permittee at the address
contained in the permit setting out a clear and concise
statement of the violations, and directing the permittee
to correct such violation within thirty days . If the
violations have not been corrected, then the Board of
County Commissioners shall direct the permittee to appear
at a time certain before the Board of County Commissioners,
not less than ten days nor more than thirty days after the
date of service notice. The Board of County Commissioners
shall hold a hearing to determine the nature and extent
of the alleged violation and shall have the power, upon
good cause being shown, to cancel or revoke the permit
heretofore issued to the permittee, to require the
County or its agents to enter upon the premises and to
take the corrective measures required by the Board of County
Commissioners; the cost to be assessed against the permittee
and his sureties . (Rev . 7/ 15/70 )
-34-
E . Administration and Coordination
The Weld County Planning Department is responsible
for processing all applications for open mining operations
in Weld County. It has the additional responsibility of in-
suring that items required for application are submitted
prior to hearings before the Weld County Planning Commission
and Board of County Commissioners . Any person , firm, group ,
legal entity or duly authorized agent filing an application
for an open mining operation on lands within the unincor-
porated area of Weld County is required to comply with County
procedures and regulations in effect at the time of
application . In order to facilitate the application process ,
a sample application form and samples of required maps are
contained in Appendix A of this Plan .
Upon receipt of a completed application and
the appropriate application fee , the Planning Department
will review the application to insure that all required
items have been submitted . Upon determining that the
application is complete , the staff will refer the appropriate
information to concerned agencies and individuals for re-
view. Thirty days will be allowed for return of comments
from such agencies and individuals , prior to the time the
application is heard by the Weld County Planning Commission .
After hearings by the Planning Commission , the recommendations
of that Commission will be forwarded to the Board of
--35-
County Commissioners , which will hear the proposal after
proper legal notice of the subject case has been given
in the local media . The latter hearings require thirty
days public notice . If the Board approves the application ,
after such hearings , a resolution to that effect will be
forwarded to the Colorado Land Reclamation Board , Colorado
Department of Natural Resources . The Land Reclamation
Board , in approving permits for extraction of mineral
resources , is required by Statute to insure that such
operations are in compliance with local zoning requirements .
The above referenced resolution by the Board of County
Commissioners insures such compliance .
To facilitate and coordinate the application
process between County and State levels , Weld County
application requirements have been patterned after state
permit requirements ( see Appendix B ) . As a result , very
little additional data or mapping should be required of
the operator at the State level . However , the Department
of Natural Resources does require a permit fee and a bond
sufficient to insure completion of the proposed reclamation
plan .
Finally , the applicant should coordinate closely
with all agencies involved in the review process , in order
to expedite the application process and avoid rehearings .
Previous applications have been tabled at hearings because
sufficient information regarding a variety of factors
has not been submitted as required . If the applicant
coordinates closely with such agencies as the County
Engineers ' Office and the Planning Commission staff , such
delays can be avoided . The Planning Commission staff can
aid the applicant in determining if additional information
may be required . This may include such items as water
augmentation plans , an example of which is contained in
Appendix C .
F. Conclusions
Weld County recognizes that the conservation and
use of our mineral resources is an indispensible part of
our environment . As a result , it has taken steps to integrate
the mineral resource base and its use in overall land use
planning efforts . This Plan has provided guidelines for
mineral resource conservation , as well as standards which
are important in actual extractive operations . It has also
considered the interrelationships which exist between the
various elements of our natural resource base . This Plan
is thus aimed at providing a means for the wise and
efficient use of our resources , through a cooperative effort
between private industry , governmental jurisdictions and
the general public . Only through such cooperative efforts
can the goals and objectives outlined in this , and other Plans ,
become a reality .
-37-
Sources Cited
1 . Departmentof Natural Resources . Sand , Gravel , and
Quarry Aggregate Resources of the Colorado Front
-.- Range Counties . Colorado Geological Survey : Denver,
Colorado , 1974 .
2 . Cowan , T. , Greeley Sand and Gravel Company; Hanna B . E. ,
Flatiron Sand and Gravel Company ; and Woodring , F. E . ,
Colorado Sand and Gravel Producers Association . Inter-
viewed by Roy Jost , Greeley , Colorado , October 16 , 1974 .f 3 . SpeltzChares N . , Deccembere20, r interviewed
1974V on of 4. Deborsky , rew, interviewed
October , 1974 .
5 . U . S . Department of Agriculture. Guidelines for
Reclamation of Surface-Mined Areas in Montana . Soil
Conservation Service : Bozeman , Montana , August 1971 .
6. The Greeley National Bank , Agriculture in Weld County ,
Colorado. Greeley , Colorado 1973 .
7 . Board of County Commissioners , Weld County, Colorado .
"Weld County Comprehensive Plan . " Unpublished county
master plan adopted by the Board , Greeley , Colorado ,
September 1973 .
8. Board of County Commissioners , Weld County , Colorado .
"Official Weld County Zoning Resolution . " Unpublished
county zoning regulations adopted by the Board , Greeley ,
Colorado , May 1961 ( Revised December 26 , 1973) .
-38-
APPENDIX A
Sample
Weld County, Colorado
Application
for
Open Cut Mining Permit
WELD COUNTY, COLORADO
SPECIAL USE APPLICATION
For
OPEN CUT MINE PERMIT
(gravel pits, etc.)
Plannin Commission 1516 Hospital Road, Greeley, CO
Weld County 9
Case Number:
For ZONING DEPARTMENT Use Only
PC Hearing Date:
Applicant: _ —� CC Hearing Date: _,—_1
Section: Township: _ "
North, Range: West
_ Acreage Involved:
Zoning District: —_------- Permit Fee:
Receipt Number:
Legal Description Approved By —-
. Weld County Attorney
Site Entrance/Exit Points and Off-Site Transportation Routes Approved By
. Weld County Engineer
-" Recommended Road/Bridge Fee: /Not Required
Refer To:
Date: ----
1) _______________________________________ Date:
2)
3) _
----------
----- Date:
_._ -- —_— — Date:
4) — — Date: —_—___--5)Application Reviewed By ---.-_------
Weld County Zoning Department
lo Be Completed By APPLICANT In Accordance With Procedural Guide Require-
ments:
1 . I (we), the undersigned, hereby request a hearing before the Weld C9 ntel,
- Planning Commission concerr.i+>g a rposdfOpenhCCut
following described u(irave-
coal, borrow pit, etc. ) mining operation
porated area of Weld County:
LEGAL DESCRIPTION: —_._____
2. Surface owner(s) of area of land dAescribed Phone:
Name: _-_--�_--_--__-_-" Address: Phone: —Name:3. Owner(s) of mineral rights to substance
to be mined
es Phone: —
Name:
v. --- __-- Address: _ — Phone: _
Name: _--__----_------___---
4. Source of applicants Legal Right to enter and to mine on the land de-
scribed:
(Attach CerLiTre tii-py ur any - ocun-in.-noted to the flack-cir s orm
-39-
5. Address of applicant and general office Phone:
Applicants address: --- _-._ ._..._—.--•--- ---- Phone:
' General Office address: „_...___ ..__._�---• — —
6. Identify any prior permits for open cut mining held by applicant or
_ affiliated person: _,_ —,` `��-
7. Description of Operation equipment to be employed:
a. Types and number of operating and processing
_ __—_------------•--+--- and number of shifts: _
b. Maximum number of employees: -..• __
c. Number of stages to be worked: _-_ . and periods of time each is
to be worked: --__-----—•-------____ ----•-•----•-'-'�---""----- feet, and thickness of the over-
d. Thickness c:' mineral deposit: __-.�
burden: _•__.
e. This will be a
wet/dry pit operation
_ f. Site entrance/exit points and county roads and bridges to be utilized
_ between site and delivery point(%) (must be coordinated with County Engineer):
- _ .—
8. Description of Rehabilitation �
a. Proposed rehabilitation land use(s): . _________^
-~ b. Source of technical aavice for reclamation:
c Explanation of Reclamation Process: — _
- —_ _.--__--- --.-- —.__________—_•y.__.___._____.�_----
I hereby deposeand state under the penalities of perjury that all
lstaate-
ments, proposals and/or plans submitted with or contained within this applica-
tion are true and correct to the best of my knowledge.
COUNTY OF ______ _________ -•- —
_ STATE OF --_- _____________-
S gnature: Owner/Authorized Agent
19
Subscribed and sworn to before me this -- _ day of --•
NOYY Plifsllt;
SEAL
— My Commission expires . .. ______ — .____— .__.--
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•
APPENDIX B
State of Colorado
Application
for
Permit to Operate Open Mining
ONO IL 114MAliON BOARih
I lelactment pi Natural Resources
duels 215, 1845 Sherman Street Telephone: 592-341)1
Denver, so lorado 837(13
hp2l rat ihn for Permit to Operate Open Mininig
1. Name of operat r
(If enocot.or is a partnersnip, please Iist name and
address of each partner anti state whether the part-
neso'; 'is a I Leo or c; oral partnership. If
opt-hats- i'. a CnrDerati on, 'JUL the exact name of the
corporation a . 1, en file with the Secretary of
Stair. the acoress or the cc rpo rotion, the officers
of tr,c r r,uration .re agent for sere ce ut process
in her state rf Colorado dill; the state 01 incorpor-
L. Ad - sps. s. geoc,al office and local office:
;iii cc
Local Office
Person in c115 ge Phone
3. Legal des( r:ouch, ii the urea of land to be affected by the proposed
operation
4. a. Number of acres .e attested
b. Date ter wills: per,nit a;hproval is sought
5. Names and addresses ,h owner ,,r owners of the surface of the area of land
to Inc affected bf Inc operation
h. liaise and attires .r rtt. ,„nee or owners st t' o min. a'
7. Substance to be mined
H. Source of the applicant legal right to enter and open (nine on the land
affected by the Permit_
Z P1 ease attach c< py of document giv)nn apl fr.-ant
such legal right)
LRB-1 -41-
a. List and identity by number and land area any state permits which are
presently held or have been geld in the past by applicant or any person
or legal entity affiliated or associated with applicant:
10. Give z detailed description of the method of operation to be employed in
the open mining:
11. Size in acres of the area or areas to be worked at any one time by appli-
cant:
12. Set out. a time table giving the periods of time which will be required
for the various stages of the operation:
13. Attach two copies of an accurate map of the area affected by the opening
mining which map shall include, but not be limited to, the following:
a. The map shall be mdse and certified to by a registered land surveyor,
professional engineer registered in the State of Colorado, or a
qualified person.
b. Identify the area on the map, with colored ink or some other manner,
which corresponds with the application.
c. Indicate adjacent deep mining and adjacent surface owners.
d. The ,nap shall be to a scale of not less than one hundred (100)
feet to the inch and net to exceed six hundred sixty (660) feet
to the inch.
e. Indicate the name end location of all creeks, roads, buildings, oil
and gas wells and lines, and power and communication lines on the
area of affected land srd within two hundred (200) feet of all
boundaries of no area
f. Indicate the total area to be involved in the operation including
the area to he mined anu the area of land affected.
g. Indicate the topography of the area with contour lines of sufficient
detail to portray the direction and rate of slope of the land in
question.
n. Indicate the general type, thickness and distribution of soil over
the area in question.
1. Indicate the type, character, and density of present vegetation
covering the area in question
j. Indicate the depth and thickness of the coal, sand, gravel, quarry
aggregate, or limestone used for construction purposes, to be
mined and the thickness and type of the overburden to be removed.
k. Indicate the expected physical appearance of the area to be mined
and the area cf land affected, correlated to the timetable re-
-- quired herein.
14. Permit fee:
A fee of fifty dollars ($50.00) plus fifteen dollars ($15.00) for each
acre or fraction thereof of the area of land to be affected by the
operation must accompany this application.
- '7�erount��,bney 5ubm3 rred�.
15. Bond:
A bond must he submitted together with Board Form 2. (You will be
advised in writing of the amount of the bond after this application
has been u..•.re., ;.
a. The bt:n• ' ....t be ;iavable to the State of Colorado.
b. fhe bo'i6 lust be ::orivit:bne•j upon the operator faithfully performing
all rerloirementt of f.naoter 92, Article 13, CRS 1963 as amended.
c. The bond Snali 1e signed uy the operator as principal and by a good
and sufficient corporate surety authorized to do business in the
State of Colorado.
d. Said bond must be submitted with the application unless the Land
Reclamation Board authorizes the operator to use one of the alterna-
tive Plarr, •.et out in Sec ion 92-13-8, CRS 1963 as amended. '
16. A land stabilization on reclamation agreement may also be required
_ pursuant to the provisions of Section 92-32-5, CRS 1963 (1969 Perm.
Cum. Supp.)
17. County or city zoninr;
a. Does this zoning clac.i :i.ation allow mining? Yes No
18. This application, map, permit fee, bond and other information should be
submitted to:
LAND RECLAMATION BOARD
Colorado Division of Mines
Room 215, 1845 Sherman Street
Denver, Colorado 80203
Telephone: 842-3401
Signed by — �.. Title
Phone Date
3-
APPENDIX C
Sample Water Augmentation Plan
Sample Water Augmentation Plan
THIS AGREEMENT is made this day of
197 , between , hereinafter termed "the mining company,"
and hereinafter termed the "owners," and THE
WATER USERS ASSOCIATION and/or WATER CONSERVANCY DISTRICT, a Colorado non-
profit corporation, hereinafter termed the "water users,"
WITNESSETH
WHEREAS, the mining company has purchased from the owners certain
sand and gravel in place described or; a map attached hereto, marked "Exhibit
A," in Section , Township Nortn of Range West of the 6th P. M. ,
in Weld County, Colorado, and hay applied for an open cut mining permit from
Weld County and the State of Coin,ado; and
The mining company is principally responsible for completion of
mining and reclamation plans submitted to Weld County, such plans consisting
of a letter from consulting Water Engineers,
dated 197___, and such other documents, maps and plans as
have been filed with and approved by Weld County; and
The Owners are required to furnish augmentation water to compensate
water users in Water Division No. for anticipatec evaporation losses
and changes in increased water usage in the area covered by Exhibit A as
a result of the mining and reclamation; and
The Division of Water Resoi.rc.es of the Department of Natural Re-
sources of the State of Colorado has approved the plan of augmentation here-
in described, subject to the approval of the Water Users; and
WHEREAS , the Water Users have objected to the mining ,
reclamation and augmentation plans unless additional conditions
are met and the mining company and the Owners are agreeable to
these additional conditions ;
NOW , THEREFORE , it is mutually agreed as follows :
1 . The mining company agrees as follows :
a . To conduct the mining operation in accordance
with the requirements set forth in the mining plan and
the regulations of Weld County and the State of Color-
ado ;
b . To restore the premises to the condition set
forth in said reclamation plan and the regulations of
Weld County and the Mate of Colorado ;
c . To construct the ponds to the condition set forth
in a good and workmanlike manner , and in such a manner
that the same will have outlet structures as shown on the
reclamation plan ;
d . To cause surface and subsurface drainage to drain
naturally into Creek , as has been historically
done , except as the same may be altered as shown on tree
mining plan and reclamation plan .
2. The mining _company and Owners further agree as follows :
a . As long as they , their heirs , successors and assigns
own or have an interest in the property described on Exhibit
A , they will maintain the restored structures shown on the
mining and reclamation map , including ponds , channels , and
outlet structures in a good and working order and will do
nothing to said structures which would adversely affect the
interest of the men ers of the Water Users ;
b . They will not claim , as a result of mining and
restoration of the property , that any water has been sal -
vaged or developed ; any water to be used in the mining
operation and restoration process will be considered tri -
butary water to _ Creek and be subject to the appro-
priation system and_the other existing laws of the State
of Colorado ; however , as a result of the surrender of
water referred to in paragraph 3 below, the mining company
will be permitted to take water from the mining excavations
for use in the crushing and washing of sand and gravel to
be mined , and the mixing of ready-mixed concrete , during the
term of the mininq operation as set forth in the mining plan .
rt r
_a: J-
3. The Owners further agree as follows:
a. They and their heirs, successors and assigns will allow
all water attributable to shares of the capital stock of
The Ditch Company, a Colorado
corporation, to not be diverted through its headgate and to remain
a part of the water of Creek; or, if diverted,
shall not be used and shall flow back into Creek,
either directly or into the ponds and without loss, into
Creek;
- b. Upon completion of the reclamation plan, the land here-
tofore irrigated by, and water heretofore attributable to such
shares, shall no longer be irrigated or used by such shares
except as herein provided;
c. The +..c;, stock certificate for said shares shall be
endorsed as follows, to-wit: "These shares and the usage of water
attributable thereto are restricted by an agreement dated
197 , entered into between , et al . ,
and The Water Users Ass.xiation, a Colorado nonprofit corporation,
and are subject to the terms of that agreement. Said agreement
is recorded in the office of the Clerk and Recorder of Weld County
and affects land in Section , Township North of Range
West";
d. They wi11 continue to pay ditch assessments applicable
to said shares.
4. Agreement to run with the land. This agreement shall be a covenant
which ruins with the land described on the attached map marked "Exhibit A" and
shall continue in effect and be binding on the parties, their heirs, successors
and assigns unless and until the Water Users or a majority of its voting member-
ship or successors shall waive the terms thereof.
5. Enforcement. This agreement may be enforceable by the Water
Users, or by any of its members who ,re adversely affected by any violation
of any term hereof by seeking any appropriate equitable and legal remedies,
including injunctive relief, specific performance and damages. In the event
such enforcement is necessary, whichever of the mining company and Owners
(and their heirs, successors and as,;-;uns) who are found to have violated
the agreement, agree to pay for any reasonable attorneys' fees, engineers'
fees and costs expended in obtaining the enforcement of the provisions violated.
However, if an action for :,ucn enforcement is brought and the wining company
or the Owners (or their heirs, successors or assigns) prevail , then the claimant
seeking such enforcement shall pAy an:: r•easune.,';; • ;:::,:-r,; • Nees, engineers'
fees and costs expended in defending the claims on wh,eh the claimant fails to
prevail .
6. Objections ; • periui t. In consider Lion of the covenants herein
contained, the Water ; .: ,:,rid its me,; :e•• hereby withdraw their objections
to granting the open c-�f ; i rr i nc: permit •,r:•a con : :nt; that the same may be
issued at the discretion of Weld and the Division of Mines of the Depart-
ment of Natural Resources of ;.roc: le f Colorado: :rata the Water Users and
its members agree that none of tr,ot:r will claim or ai°u rt that they carrying
out of the mining plan and rec € ri,:r. :.•;; ;, ;an, dnd use of water in the crushing
and washing of sand and aravei 'rr, :aratien of ready-mixed concrete as
above set forth has an adver=•,. r I f ec:!: un !l,r' wa Ler r ;,tarts or any member of
the Water Users.
DATED the Jay ond .rc- r . .
WITNESS ou:• '•Band ar,r? r ; f : : �!•:
Hello