HomeMy WebLinkAbout20120481.tiff BLUE EARTH #
LETTER OF TRANSMITTAL
DATE: February 15, 2012
TO: Weld County Board of County Commissioners Inp
1150 O Street n 6 n o
Greeley, CO 80632 Oct
FROM: Bill Schenderlein ' 23-4
c `J'
Blue Earth 5
P.O. Box 973
Fort Collins, Colorado 80522
(970) 227-2803
WE TRANSMIT: THE FOLLOWING: FOR YOUR:
E l Attached n Originals ■ Use
l 1 1 Information Below ■ Copy of Letter ❑ Approval
1n Applications El Information
-1 1 I Specifications ❑ Review & Comment
n Other
Remarks:
The enclosed material is provided to fulfill the requirements of the attached Colorado Mined
Land Reclamation Permit application.
• One (1) copy of DRMS submittal form and DRMS 112 Application including
Exhibits A and B.
•
Signed: �:
R.J. 1et%J 2012-0481
31 -ia P.O.Box 973,Fort Collins,Colorado 80522
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
City of Greeley (the "Applicant/Operator") has applied for a Regular (112) reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction
materials operations in Weld County. The attached information is being provided to notify
you of the location and nature of the proposed operation. The entire application is on file with the Division of
Reclamation, Mining, and Safety (the"Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to developed water storage use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners
before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the
proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this
application, you must submit written comments on the application within twenty (20) days of the date of last
publication of notice pursuant to Section 34-32-112 (10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this application,
please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver,
Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is
a notice of change to a previously filed application you must either attach a copy of the changes, or attach a
complete and accurate description of the change.
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25TH
A•
VENUE SITE
• DIVISION OF RECLAMATION, MINING AND SAFETY
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112 RECLAMATION OPERATION
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• M..2002_020
• PERMIT AMENDMENT APPLICATION
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• CITY OF GREELEY
• 1100 10t" Street, Suite 300
• Greeley, Colorado 80631
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• BLUE EARTH ,...
P.O. Box 973, Fort Collins, CO 80522 February 15, 2012
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• STATE OF COLORADO
• DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
• 1313 Sherman 5L,Room 215
• Denver,Colorado 80203 COLORADOnDIVISI0N
Phone:13031866.3567 CONSTRUCTION MATERIALS DIVISION
• FAX:1303)832-8106 REGULAR(112)OPERATION
• RECLAMATION PERMIT APPLICATION FORM
• Bill Riner,Jr.
• CHECK ONE: ❑✓ There is a File Number Already Assigned to this Operation Governor
20 02 020 Hams D.Sherman
• P • M - - (Please reference the file number currently assigned to this operatioajecurive Director
• New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald W.Cattail'Division Director
Conversion Application(Rule 1.11) Natural Resource Trustee
• Permit# M -2002-020 - (provide for Amendments and Conversions of existing permits)
•
• The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application
form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you
• submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
• application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for
the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to
• 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form.
• GENERAL OPERATION INFORMATION
• Type or print clearly,in the space provided,ALL information requested below.
• 1. Applicant/operator or company name(name to be used on permit): City of Greeley
• 1.1 Type of organization(corporation,partnership,etc.): Municipality
• 2. Operation name(pit,mine or site name): 25th Avenue Site
• 3. Permitted acreage(new or existing site): 87.05 permitted acres
• 3.1 Change in acreage(t) 197.51 acres
• 3.2 Total acreage in Permit area 284.56 acres
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• 4. Fees:
4.1 New Application $2,696.00 application fee
• 4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2,229.00 amendment fee
• 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee
• 5. Primary commoditie(s)to be mined: sand gravel
• 5.1 Incidental commoditie(s)to be mined: 1. n/a - lbs/Tons/yr 2. / lbs/Tons/yr
• 3. / lbs/Tons/vr 4. / lbs/Tons/yr 5. / lbs/Tons/yr
• 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction Materials
• 5.3 Anticipated end use of incidental commoditie(s)to be mined: n/a
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• Office of Office of
• Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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• 6. Name of owner of subsurface rights of affected land: City of Greeley
If 2 or more owners, "refer to Exhibit O".
• 7. Name of owner of surface of affected land: City of Greeley
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• 8. Type of mining operation: u Surface Underground
• 9. Location Information: The center of the area where the majority of mining will occur:
• COUNTY: Weld
PRINCIPAL MERIDIAN(check one): IS 6th(Colorado) El 10th(New Mexico) El Ute
SECTION(write number): S 36
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TOWNSHIP(write number and check direction): T 6 Q North a South
• RANGE(write number and check direction): R 66 a East n West
• QUARTER SECTION (check one): El pi, nisi or E SW
IDQUARTER/QUARTER SECTION(check one): I_NE ✓ NW SE SW
• GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
• approximately 1-1/2 miles northwest of Greeley, approximate elevation 4670
• 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM):
• Latitude/Longitude:
• Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
• Latitude(N): deg 40 min 26 sec 42 70 (2 decimal places)
• Longitude(W): deg 104 min 43 sec 15 50 (2 decimal places)
• OR
Example: (N) 39.73691°
• (W) -104.98449°
• Latitude(N) (5 decimal places)
Longitude(W) (5 decimal places)
• OR
• Universal Tranverse Mercator(UTM)
• Example: 201336.3 E NAD27 Zone 13
• 4398351.2 N
• UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 13
Zone
• Easting
• Northing
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• 11. Correspondence Information:
• APPLICANT/OPERATOR (name,address, and phone of name to be used on permit)
• Contact's Name: Jim Hall Title: Water Resources Manager
Company Name: City of Greeley
• Street/P.O. Box: 1100 10th Street, Suite 300 P.O. Box:
• City: Greeley
• State: Colorado Zip Code: 80631
• Telephone Number: (970 )_ 3364039
• Fax Number: (970 )_ 350-9805
• PERMITTING CONTACT (if different from applicant/operator above)
• Contact's Name: Bill Schenderlein Title: Project Manager
• Company Name: Blue Earth
• Street/P.O. Box: P.O. Box: 973
• City: Fort Collins
• State: Colorado Zip Code: 80522
• Telephone Number: (970 )_ 227-2803
• Fax Number: ( 1-
• INSPECTION CONTACT
Contact's Name:
• Jim Hall Title: Water Resources Manager
Company Name: City of Greeley
• Street/P.O. Box: 1100 10th Street, Suite 300 P.O. Box:
• City: Greeley
• State: Colorado Zip Code: 80631
• Telephone Number: (970 )_ 336-4039
• Fax Number: (970 )_ 350-9805
• CC: STATE OR FEDERAL LANDOWNER(if any)
5 Agency:
• Street:
• City:
• State: Zip Code:
• Telephone Number: ( )-
11. CC: STATE OR FEDERAL LANDOWNER(if any)
• Agency:
• Street:
• City:
• State: Zip Code:
Telephone Number: ( )-
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12. Primar future(Post-mining)land use(check one):
• Cropland(CR) Pastureland(PL) General Agriculture(GA)
Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
riResidential(RS) Recreation(RC) Industrial/Commercial(IC)
•• -i_F Developed Water Resources(WR) JD Solid Waste Disposal(WD)
' 13. Primary present land use(check one :
Cropland(CR) Pastureland(PL) General Agriculture(GA)
II Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL)
• Residential(RS) Recreation(RC) Industrial/Commercial(IC)
LJ Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method(e.g.truck/shovel):
Open pit dry mining using scapers, loaders, and excavators
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• 15. On Site Processing: Egi Crushing/Screening
13.1 Briefly explain mining method(e.g.tmck/shovel):
Open pit dry mining using scrapers, loaders, and excavators with crushing, screening, and washing
. List any designated chemicals or acid-producing materials to be used or stored within permit area:
None
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).• Add property to existing M-2002-020 permit to finish mine pit excavation on adjacent parcel and
• convert to below-grade water storage reservoir while backfilling other previously mined pits.
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• Maps and Exhibits:
• Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application
• P PP P' ' b P Pi 1 g g PP
form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit
• within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively
for ease of reference. If separate documents arc used as appendices,please reference these by name in the exhibit.
• With each of the two(2)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the
• following references to Rule 6.4,6.5,and 1.6.2(I)(b):
• EXHIBIT A Legal Description
• EXHIBIT B Index Map
• EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
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EXHIBIT F Reclamation Plan Map
• EXHIBIT G Water Information
• EXHIBIT H Wildlife Information
• EXHIBIT i Soils Information
• EXHIBIT J Vegetation lntbrmation
EXHIBIT K Climate information
• EXHIBIT L Reclamation Costs
• EXHIBIT M Other Permits and Licenses
• EXHIBIT N Source of Legal Right-To-Enter
• EXHIBIT O Owners of Record of Affected I.and(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
• EXHIBIT Q Proof of Mailing of Notices to County C'onntissioners and Conservation District
• EXHIBIT R Proof of Filing with County Clerk or Recorder
• EXHIBIT S Permanent Man-Made Stnictures
• Rule 1.6.2(1)(b) ADDENDUM I -Notice Requirements(sample enclosed)
Rule 6.5 Geoteehnical Stability Exhibit(any required sections)
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• The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
• Rule I.6.2(1)(b)of the Rules and Regulations. if you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
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• Responsibilities as a Permittee:
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• Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a
• number of important requirements which you,as a pennittee, should fully understand. These requirements are listed below.
Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you
• do not understand these obligations then please contact this Office for a full explanation.
• I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
• liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
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• 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee
• violated the terms or conditions of this permit,the Act, the Mineral Rules and Regulations, or that information
contained in the application or your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary,substantial civil penalties,to you as permittee can result;
• 4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of
• the mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12):
• a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
. Reclamation Board;and,
• c. the permit number.
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7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
�J visible and adequate to delineate such boundaries prior to site disturbance.
• 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules
• and Regulations in effect at the time the permit is issued.
O9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,
• and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if
. there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example,a permit with the anniversary date of July I, 1995,the annual fee is for the period of July 1, 1994 through
. June 30, 1995. Failure to submit your annual tee and report by the permit anniversary date may result in a civil
penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the
• pennittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
responsibility.
5 10. For joint venture/partnership operators;the signing representative is authorized to sign this document and a
�J power of attorney(provided by the partner(s))authorizing the signature of the representative is attached to this
• application.
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• NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if
• you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
• know what changes may have been made to the application document.
• The Office is not allowed to consider comments, unless they are written,and received prior to the end of the public comment
• period. You should contact the applicant for the final date of the public comment period.
• If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may
contact the Office at (303)866-3567.
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• Certification:
• As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum
• requirements of the following terms and conditions:
• t. To the hest of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time
• this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
• (Section 34-32.5-I 15(4)(e),C.R.S.).
• 2. No mining operation will be located on lands where such operations are prohibited by law
• (Section 34-32.5-1 15(4)(f),C.R.S.;
• 3. As the applicant/operator,l do not have any extraction/exploration operations in the State of Colorado currently in
• violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120,C.R.S.)as determined through a Board finding.
• 4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S.
•• This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
.• Signed and dated thisF a
1�� day of Fe.brur�r� ��ID Applic t/Operator or Comp Name co.���Oap 4�d` n Attest(Seal)
• * O
I �} �} t,* AL * 1 '
Signed: �' j/ ,q•fig, SE
. , \ 49.//`►.rporate S -tary or Equivalent
Title: r cqa,,i Town/City/County Clerk
I r t.r'l,
State of a'olorad o )
I ) ss.
County of Weld )
. The foregoing instrument was acknowledged before me this 15 day of Fibr ,
eta.,by Von, inn rISD l as LL OAQr(11nd Solar 1St(1 L f of a toCeEl -
IIIO R�,•.�`,, No �i Public
My Commission expires: o2/Ni:2013
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51GNAT:t1• %Wk. UE INK
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You must post sufficient Notices at the location oft x,..,..s.=,-_.- e site to clearly identify the site as the location of a
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• EXHIBIT A
• Legal Description
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• The proposed amendment area, currently a portion of the Greeley West Pit site (M-1977-081), is
• a tract of land located in Section 36, Township 6 North, Range 66 West of the Sixth Principal
• Meridian, Weld County, State of Colorado as described below. However, prior to this
application approval, the entire 25th Avenue Site and proposed amendment area are planned to be
• annexed into the City of Greeley. The proposed amendment area includes 197.51 acres.
• Including the 87.05 acres in the existing 25`h Avenue Site, the total proposed permit area is
284.56 acres.
• According to the Weld County Assessor's Office, the amendment area parcel is owned by
• Cottonwood Land and Farms, LLC and Double SM Farms.
•
. The quarter, quarter section description of the proposed amendment area is as follows:
A parcel of land approximately 11/2 miles northwest of Greeley, Colorado and east of
35th Avenue containing 197.51 acres primarily in the:
• N'ASW '/4,NW'/aSE '/4, SW%4NE '/a, and the NE'/NW'/, in Section 36, Township 6 North, Range
• 66 West of the 6th Principle Meridian, Weld County (concurrently being annexed to City of
Greeley), Colorado.
•
Latitude/Longitude of main entrance:
•
• 40°26' 42.83"N
• 104°43' 15.85" W
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• Greeley 25th Avenue Site
O DRMS 112 Permit Amendment Application Page 1
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• EXHIBIT B
• Index Map
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• See attached map.
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Exhibit B: Vicinity Map
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Greeley 251h Avenue Site
DRMS 112 Permit Amendment Application Page 2
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• EXHIBIT C
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Pre-Mining and Mining Plan Maps of Affected Lands
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• See attached maps.
• Exhibit C-1: General Site Layout with Surface Owners of Record
• Exhibit C-2: Soils Map
• Exhibit C-3: Vegetation Map
• Exhibit C-4: Water Resources Map
Exhibit C-5: Pre-Mining and Mining Plan Map
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Greeley 25th Avenue Site
DRMS 112 Permit Amendment Application Page 3
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LARGE MAPS AVAILABLE
FOR VIEWING
AT
THE CLERK TO THE
BOARD 'S OFFICE ,
IN THE
PUBLIC REVIEW FILE .
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
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_ _ _ _ - - _ - _ _ . . _ - - ir
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SCALE : LEGEND :
- Proposed Amendment/Affected Land Boundary
NORTH
_rjIF -- Aquolls and Aquents, gravelly substratum
I
400 0 400 800 1200Feet + - Kim loam, 1 to 3 percent slopes
I--► 1--1 1 t 1
( IN FEET ) O
1 inch = 400 ft. O`" t in Kim loam, 3 to 5 percent slopes
NOTES : Bankard sandy loam, 0 to 3 percent slopes
W Borrow Pits
1 . Most of the proposed amendment area has been previously
disturbed by mining activities.
2. Soils depicted on the map have been disturbed by additional Water
post—survey mining operations.
3. Due to mining and reclamation activities, current soils likely exist
primarily as a mixture of Aquolls, Aquents, and Kim Loam.
SHEET 2 - EXHIBIT C-2 BLUE EARTH '
OF 5Pe
25th AVENUE SITE
( :in of
M-2002-020 Grecicy SOILS MAP ted:7 -
DATE: December 2011 WILLIAM SCHENDERLEIN
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
II STREET
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• •
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.
SCALE : NOTES :
1 . Following disturbance from past mining activities, upland areas were
NORTH seeded with a mixture of Western wheatgrass, Switchgrass, Big
bluestem , Inland saltgrass, Indian Ricegrass, and Sand dropseed.
2. In moist, low lying areas adjacent to the ponds, revegetation
400 0 400 800 1200Feet included Reed canarygrass, Inland saltgrass, Alkali sacaton, and
l—i I— I 1 I I I Sand dropseed.
( IN FEET ) 3. Riparian/Wetland vegetation is established along the Cache la
1 inch = 400 ft. Poudre River corridor. Dominant trees and shrubs include
LEGEND : cottonwood and willow. Less abundant ash and alder are also
present.
PROPOSED AMENDMENT/AFFECTED LAND BOUNDARY 4. Past reclamation activities have established sparse to dense
- - PROPOSED PERMIT BOUNDARY vegetation growth in both upland and wetland/riparian areas.
5. Most of the uplands are sparsely covered with annual weeds such
+ +
+ + COMBINATION CULTIVATED LANDS AND NATIVE as cheatgrass and Russian thistle and fast—growing native grasses
• RANGELAND VEGETATION
+ + such as sand dropseed and three— awn. The slopes surrounding the
.. ponds are more vegetated and consist of grasses such as sand
.. 4. PARTIALLY RECLAIMED NATIVE GRASSES INCLUDING SAND dropseed, western wheatgrass, three—awn, and blue grama.
y y DROPSEED, WESTERN WHEATGRASS AND BLUE GRAMA
6. Upland trees include isolated stands of young Siberian elms and
young plains cottonwoods.
COMBINATION RIPARIAN AND WETLAND VEGETATION 7. Wetlands occur within and abutting the four ponds and include
sandbar willow, cattails, and common three— square.
8. Wetland/riparian trees and shrubs along the edge of the four ponds
EXISTING WATER SURFACE
include Siberian elm, plains cottonwood, and peachleaf willow.
SHEET 3 EXHIBIT C-3 BLUE EARTH (#
OF 5 25th AVENUE SITE
t ;.n .,r
M-2002-020 VEGETATION MAP
GreeleyA
DATE: December 2011 WILLIAM SCHENDERLEIN
EXHIBIT D
` Mining Plan
• The proposed amendment area for the Mined Land Reclamation Board (MLRB) 25th Avenue
Site is currently included in MLRB Permit M-1977-081, Greeley West Pit. This application
removes the proposed amendment area from the existing Greeley West Pit Permit and adds it to
• the 25th Avenue Site Permit. The remainder of the Greeley West Pit Site is unaffected by the
• proposed amendment. Upon approval of the 25th Avenue Site amendment, the amendment area
will be released from the Greeley West Pit Permit.
. Introduction and Overview
The current 25th Avenue Site permit is owned by the City of Greeley, contains a below-grade
• water reservoir, and is permitted for a final land use of developed water resources. Most of the
infrastructure has been installed for the reservoir and the site is an active water storage facility.
• Additionally, the 25111 Avenue Site is open to limited public access for fishing and non-water
contact recreation. A concrete, publically accessed recreational trail (the Poudre Trail) also runs
• across the north side of the site adjacent to the south bank of the Cache la Poudre River (see
• Exhibit C-1). The 25th Avenue Site Permit was permitted for 89.16 acres, including nearly one
• mile of the 35th Avenue 30-foot right-of-way (ROW). Along with this amendment application, a
release of performance and financial warranties has been submitted to remove the ROW from the
• permit area, reducing the 25th Avenue Site Permit acreage to 87.05 acres.
The Greeley West Pit site is currently owned by Cottonwood Land and Farms, LLC and Double
• SM Farms and consists of previously mined areas and additional areas disturbed by mining. The
isite contains four excavated mine pits that have been partially reclaimed into four groundwater
• ponds surrounded by upland areas of backfill and graded material (see Exhibit C-1). Two
adjoining ponds are located in the southwest corner of the amendment area, another is located in
• the southeast corner, and one is found in the northeast corner (see Exhibit C-1). It is believed
• that the ponds are approximately 20 feet deep. The two SW ponds have a combined surface area
• of about 32.5 acres and the SE and NE ponds have surface acreages of approximately 29.5 and
13.5, respectively. The Poudre Trail runs through the northeast portion of the amendment area
adjacent to the south bank of the Poudre River and just north of the NE Pond. To contain public
access, the Poudre Trail and current 25th Avenue Site are separated from the Greeley West Pit
• area by a 10-foot chain link fence.
Permit Boundary Definition
• The 25th Avenue Site is bounded by the Poudre River to the north, the Greeley West Pit to the
east and south, and 35th Avenue to the west. Upon approval of the proposed amendment area,
• the majority of the site will remain south of the Cache la Poudre River (see Exhibit C-1). The
. east and west boundaries will be bound by 25i11 Avenue and 35111 Avenue, respectively. At the
southern permit boundary, most of the permit area will not extend to F Street. Although a
• portion of the permit area will border F Street, for most of the southern boundary the Colorado
• and Southern Railroad and Pulliam Subdivision will be between the proposed permit boundary
• Greeley 25"Avenue Site
DRMS 112 Permit Amendment Application Page 4
•
•
•
•
•
•
• and F Street. In addition to the property south of the Poudre River, approximately 38.25 acres
will be located north of the river and south of O Street. The permit boundary will mostly follow
site parcel lines (see Exhibit C-1) and will generally be delineated by existing fencing. The
• Poudre River Trail within the proposed amendment area is owned by Weld County and is not
. part of the proposed permit area. The Weld County parcels associated with the Poudre Trail are
shown on Exhibit C-1.
•i
Affected Land Boundary Definition
The amended permit boundary will encompass approximately 284.56 acres with only about
• 42 acres currently planned for mining. However, the affected land boundary essentially follows
• the permit boundary to allow for reclamation activities and future potential mining operations.
Areas not disturbed by mining will likely be disturbed by access roads, stockpiles, slurry wall
• installation, material processing, or backfilling and other reclamation related activities. The
remaining area will consist of setbacks and road and utility right-of-ways.
• Land Uses
Permitted mining operations are immediately east and west of the proposed permit area. With
exception of the Espanola Subdivision, properties to the north are primarily semi-rural and
agricultural. A community of approximately 50 homes north of the Poudre River, the Espanola
• Subdivision covers roughly 9 acres north and east of the proposed permit boundary. Several
• commercial and residential properties are immediately south of the proposed amendment area,
including the Pullman Subdivision of about 12 residences. Further south are parcels of open
• lands and residential subdivisions on what appears to be historic aggregate mining properties.
Items owned by the applicant or property owner located within the proposed amendment area
such as roads, fences, water wells and associated pumps, and other structures may be removed or
relocated during mining and reclamation. Three oil and gas wells, tank batteries, and other
• associated facilities are located on the property; two north of the Poudre River and the other in
the southeast corner of the proposed amendment area. Other than the oil and gas facilities, the
• interior of the property does not contain structures, easements, or right-of-ways not owned by the
• applicant or property owner. Several easements and right-of-ways are located on the edges of
• the property or immediately adjacent to the proposed permit boundary including Natural Gas
Associates easement, City of Greeley and Weld County road right-of-ways, Colorado and
Southern Railroad right-of-way, Home Light and Power Company right-of-way, Home Gas and
. Electric Company right-of-way, and Colony Improvement Corp. right-of-way easement
• (Exhibit C-5). Additionally, the Poudre River Trail within the proposed amendment area is
owned by Weld County and the parcels associated with the trail are not pan of the proposed
• permit area. None of the easements, right-of-ways, or associated structures are expected to be
• negatively affected by mining or reclamation operations.
•
•
•
Greeley 2S°Avenue Site
DRMS 112 Permit Amendment Application Page 5
S
•
•
•
•
•
• Nature of Deposit to be Mined
Materials along the Poudre River near the City of Greeley are composed of Pleistocene and
• recent age unconsolidated, valley-fill materials that make up the alluvial floodplain of the Cache
• la Poudre River. The alluvial deposit extends from the surface or near-surface to a variable
depth of 50 to 60 feet below the ground surface. The alluvial material is generally underlain by
41 Upper cretaceous age bedrock of the Laramie Formation, Fox Hills Formation, and Pierre Shale.
• Although the Laramie Formation may be absent in some areas, where it is present it consists
• primarily of silty to sandy blue to gray shale. The Fox Hills Sandstone is a silty massive
sandstone with black shale lenses. Beyond the weathered transition zone with the Fox Hills
• Sandstone, the Pierre Shale is predominantly dark gray, un-weathered shale. The relatively
impermeable characteristics of the shale create a bottom seal for reservoir construction and water
• storage development.
• Topsoil and overburden on most of the site is thin or non-existent. Although past mining
• activities may have removed previously existing topsoil and overburden material, the site is
within the Cache la Poudre floodplain where natural stream and wind-blown surface deposits
• would be expected. Native soils and overburden for the site were likely thin and developed from
• alluvium and eolian deposits of clay, silts, and sands.
• Mine Phasing
•
• The City of Greeley anticipates mining and reclaiming the amended 25`h Avenue Site in
• approximately 15 years. However, the rate of mining and overall life of the mine is dependent
on several factors including product demand. The mining plan currently includes mining the two
• amendment area SW ponds to bedrock, a mining cell of approximately 42 acres (see
• Exhibit C-5). Although previous mining established the ponds that are estimated to be 20 feet
deep, borehole drilling and testing has verified that commercial deposits of sand and gravel exist
up to 60 feet below the surface of the ponds. In addition to the commercial sand and gravel
materials, clay, silt, and other non-marketable materials excavated from the beneath the ponds
will be used on-site to backfill previously excavated pits.
Due to the small size of the mining area, mining will not be subdivided into phases or areas. If
• additional mining locations are added within the affected area in the future, a revised mining plan
• with phasing information will be submitted to the Division of Reclamation, Mining and Safety
(the Division). In general, there will not be a distinctive direction of mining for the mining cell.
• Mining will consist of dewatering the ponds, expanding the pond cavities to create one larger pit,
• and excavating material from the pit bottom. Since good marketable material is expected to
occur intermittently with non-marketable clay and silt lenses, excavation may move from one
area to another in the bottom of the pit based on material needs.
•
• Even though the proposed mining cell is relatively small, integration of mining and reclamation
is still applicable. Previous mining on the site has created a lack of suitable overburden material
• for reservoir slope construction. Therefore, mining will excavate at 3H:1 V slopes along the pit
• edges to facilitate final reclamation of reservoir slopes. Installation of the slurry wall will likely
•
•
• Greeley 25"Avenue Site
• ARMS 112 Permit Amendment Application Page 6
•
•
•
•
•
•
• be one of the last steps in the mining and reclamation, although concurrent mining and slurry
wall installation is possible.
• Mining Methods
• The deposit will be dry mined using dewatering trenches and pumps. Following dewatering of
• the ponds, dewatering trenches will be cut along the perimeter of the pit bottom to keep the
• deposit dry during mining. Pumps will be used to remove the water that drains from the deposit
and surrounding alluvium. If necessary, water from the trenches will be circulated through a
• settling basin prior to it being discharged to the adjacent 35th Avenue drainage ditch (see
Exhibit C-5).
• Earth Moving
• When the alluvial material is sufficiently dewatered, the aggregate material will be recovered
using equipment typical for sand and gravel mining operations. Earth moving equipment may
include, but are not limited to dozers, loaders, scrapers, and excavators as mining progresses to a
• depth of 50 to 60 feet below the surface.
• Since the mining will take place in the center of the ponds and a previously mined area, very
• minimal topsoil and overburden is expected to be available. As mining progresses, however, any
• topsoil and overburden encountered will be removed, stockpiled, and used for reclamation
• activities. Stockpiles will be created parallel to potential Poudre River flood flows. Topsoil and
overburden necessary for reclamation of the mine pit will be stockpiled near the pit or used as
• berm material along the perimeter of the pit. Topsoil and overburden stockpiles will be
• configured to have side-slopes no steeper than 211:1V. If the stockpiles are inactive for more
• than one growing season they will be seeded with the fast growing grass seed mixture below.
• Rate
• Species
(lbs PLS/acre)
• Intermediate Wheatgrass 5.0
Russian Wildrye 4.0
• White Sweetclover 1.25
• Rates are for broadcast seeding.
•
• Since reclamation will take place concurrently with mining, long-term stockpiling is not
• anticipated. Since the stockpile materials will continually be used for reclamation, the stockpiles
• will likely be disturbed on a frequent basis and seeding the stockpiles may not be practical during
the course of the operation. If stockpile seeding is not used, surface roughening will be
• maintained to limit wind and water erosion.
Non-marketable material excavated from the pit (i.e. clay and silts) will also be removed,
• stockpiled, and used for backfilling existing mine pits and other reclamation activities. The
• non-marketable material stockpiles will be created parallel to potential Poudre River flood flows
•
• Greeley 25h Avenue Site
• DRMS 112 Permit Amendment Application Page 7
•
•
•
•
•
S and adjacent to the areas that will be backfilled. When sufficient material is available in the
stockpile, the material will be backfilled into previously mined areas.
1111
• Mining of the aggregate will progress down to the underlying bedrock. The bedrock material is
rippable and, if necessary, may be excavated and used for reclamation. However, since
reclamation will occur concurrently with mining, it is not anticipated that bedrock material will
• be stockpiled long-term prior to use.
• During mining, excavation will leave 3H:1 V slopes along the pit edges to facilitate final
reclamation of reservoir slopes. No highwalls will be created from the mining operation. The
• aggregate material from the pit will be temporarily stockpiled within the pit or placed directly
• onto a conveyor system or haul truck for transport to the processing facility. During mining and
reclamation activities, watering trucks for dust control will be used as needed.
•
• Since excavation will create 3H:1 V slopes during mining, and no highwalls will be created, slope
1111 stability will not be a threat to adjacent properties. Therefore, setbacks from the mine pit top of
slope to the proposed permit boundary or man-made structures not owned by the applicant will
5 be 50 feet or greater. For setbacks closer than 50 feet, an agreement will obtained from the
• property owner or an engineering slope stability analysis will be performed.
5 In order to gain an understanding of the extent of the mining operation, it is helpful to know the
• acres disturbed by different aspects of the mining operation. Each aspect is listed in the
• following table with associated disturbed area. The table illustrates a point in time where the
mining disturbance could be at its maximum. It is assumed that the mining disturbance will be at
• its greatest during the beginning of the operation when the existing pit has just begun to be
• mined and the slurry wall has not been constructed. During this conservative scenario, most of
the existing mining cell slopes are still at 3H:1 V, mining has created disturbances associated
4111 with internal haul roads, stockpiles, and the processing facility. For disturbed area estimates, it is
• assumed that the existing mining cell excavation depth (bottom of lake to top of adjacent land
• surface) is approximately 20 feet.
• Disturbed
• Aspect Mining Operation Area (acres)
• A Slurry Wall Construction: 5,000 feet x 60 feet NA
• Site Grading: reservoir top bank following slurry wall
• construction; mining cell side slopes for added stability; selected 15.5
5 areas of site to facilitate revegetation
• B Overburden/Topsoil Placement: for internal haul roads, 17
• processing facility, and other miscellaneous areas
• C Revegetation: complete for newly disturbed areas and partial for 40
• undisturbed and previously reclaimed areas.
• Total Disturbed Area 72.5
al
• Greeley 25r°Avenue Site
• DRMS 112 Permit Amendment Application Page 8
•
•
•
• It should be noted that the mining and reclamation plan includes backfilling remnant mining pits
that currently exist as groundwater ponds (NE Pond and SE Pond). The combined water surface
area of these two ponds is approximately 43 acres. As seen in the attached letter (November 1,
• 2001, Office of the State Engineer to Hart Environmental), a pre-1981 exposed groundwater
credit of 45.5 acres is associated with the Greeley West Pit original permit boundary. Therefore,
final reclamation of the amendment area does not require backfilling of the existing NE Pond
• and SE Pond.
•
Diversions and Impoundments
•
• Roads to the east, west, and south of the mining area will effectively minimize stormwater
• surface run-on to the mining site, so run-on diversion structures are not anticipated. The existing
grade of the proposed amendment area generally drains to the existing on-site ponds. Therefore,
• diversions for stormwater that falls directly on the affected area will be contained in the ponds or
• active mining cell. The ponds will effectively contain stormwater flows and prevent surface
• runoff from the site. Stormwater entering the active mining cell will be controlled in the
groundwater dewatering trenches and, if necessary, circulated through a settling basin prior to
being discharged to the adjacent 35`h Avenue drainage ditch.
• Material Processing and Associated Facilities
•
• A portable processing facility, potentially consisting of crushing, screening, and washing will be
• located on the east side of the proposed amendment area. Pit run material will be hauled or
conveyed to the processing plant where raw material and product stockpiles will be located. If
necessary, a mine office/scale house trailer, fueling/lubricating station, generators, and outdoor
• storage may also be located near the east side of the amendment area. Alternatively, a portable
• processing plant may be set up in the bottom of the pit to size and screen material prior to it
being hauled off-site. Or, the material may be hauled off-site as pit run for direct use or
processing elsewhere.
• Commodities to be Mined and Intended Use
•
• Sand and gravel for use as construction materials will be the primary products produced from the
• amended 25th Avenue Site. Although the existing 25`h Avenue Site and Greeley West Pit have
been previously mined, borehole drilling and testing has verified that the proposed amendment
• area still contains a significant commercial deposit of sand and gravel. In addition to the
• commercial sand and gravel materials, clay, silt, and other non-marketable materials will be used
• on-site to backfill previously excavated pits.
• Use of Explosives
• Since the material is unconsolidated alluvium, no explosives or blasting is required.
•
• Greeley 25°Avenue Site
• GEMS 112 Permit Amendment Application Page 9
•
•
•
•
•
•
• EXHIBIT E
•
• Reclamation Plan
• This plan covers the Greeley 25th Avenue Site and proposed amendment area. No changes to other areas
• of the existing Greeley West Pit are made as a result of this plan.
• Final Proposed Land Use
•
• The proposed final land use for the 25th Avenue Site remains developed water resources. The
• principal goal of reclamation is to separate the existing SW Ponds from the rest of the alluvial
groundwater system, creating a below-grade reservoir and adding to the site's developed water
resources. Additionally, portions of the NE Pond and SE Pond will be backfilled as part of the
• overall site grading plan. Areas outside of the created below-grade reservoirs will be graded and
• revegetated to a combination of upland and wetland open space. This land use of below-grade
water storage and general open space is consistent with existing and future land uses in the area.
• General Overview of the Reclamation Plan
Reclamation of the proposed 25th Avenue Site is fairly straightforward. Lining the mining cell
• that excavated the SW Ponds will require establishing a relatively impermeable seal on the sides
• and bottom of the excavated area. Slurry wall technology has been used successfully in many
situations to provide the vertical, relatively impermeable barrier between alluvial groundwater
• and below-grade reservoirs. This slurry wall liner will effectively separate the water inside the
• reservoir from adjacent alluvial groundwater. At the 25th Avenue Site, as in many areas of
• Colorado, the shale and claystone bedrock encountered below alluvial deposits provides an
excellent low permeability barrier for the bottom seal of below-grade reservoirs. The existing
• below-grade reservoir on the 25th Avenue Site was created using slurry wall technology. Based
• on this understanding and experience, conditions at the 25th Avenue Site amendment area are
• ideal for slurry wall construction and below-grade water storage.
• As the below-grade water storage is established, the remaining area within the proposed permit
. boundary will consist of reservoir infrastructure and shoreline, upland native grasses, backfilled
wetland/riparian areas, access roads and/or trails, and reclaimed or otherwise undisturbed land.
• Non-marketable mine material will be used to backfill portions of the NE Pond and SE Pond
• creating a combination of upland and wetland areas. Since the reservoirs may require routine
maintenance and the reclaimed site will allow for limited public access, access roads, trails, and
public facilities may be left as part of the reclamation.
•
• The processing plant and any associated conveyor systems will be removed from the site during
• final reclamation activities. Roads not necessary for future access and other disturbed areas
associated with the processing plant and conveyor system will be reclaimed with topsoil
• replacement and vegetative cover to stabilize the areas and minimize erosion. Fencing
• separating areas of public access from areas of active mining may also be removed during final
. reclamation. Any portions of concrete pads or anchors left in place will be below the existing
ground level, covered with overburden and topsoil, and revegetated.
•
• Greeley 15r°Avenue Site
. DRMS 112 Permit Amendment Application Page 10
•
•
•
• Slurry Wall Construction
• As mentioned previously, slurry wall technology has been used successfully in many situations
• to provide a vertical, relatively impermeable barrier between alluvial groundwater and
below-grade reservoirs. Slurry walls (also known as slurry cut-off walls or slurry trenches) are
• non-structural barriers constructed underground to stop the flow of groundwater. Soil-bentonite
• slurry walls are the most common type of slurry wall used in Colorado and the United States.
• For the 25`h Avenue Site slurry wall, cement may be added to the slurry and backfill for added
stability and strength.
•
• The 25th Avenue Site slurry wall will be constructed with a long reach excavator, clamshell, or
• other suitable trenching equipment. A trench approximately 3 to 5 feet wide and 100 to 150 feet
in length is established by excavating through the entire length of the alluvium and several feet
• into the shale bedrock below. The total slurry wall depth from top to bottom will be
• approximately 60 feet. The trench is filled with slurry that stabilizes the excavation and begins
to seal the sides of the trench. A blend of soil excavated from the trench, dry bentonite, and
• borrow soils are mixed at the surface and placed into the trench in a semi-fluid state by a
• bulldozer or second excavator, displacing the bentonite slurry in the trench. As backfill is added,
• additional trench is excavated and the displaced bentonite slurry fills the new length of trench.
• Once the backfill operation is complete, the soil-bentonite backfill sets up slightly and acts like a
soft clayey soil. The upper few feet of the trench are backfilled with clean soils to stabilize and
• protect the top of the slurry wall.
• Other considerations for slurry wall construction include a stable and sizable working area along
• the trench alignment. The slurry wall alignment on the outside of the existing SW Ponds is
• primarily on stable, native soils and should not present a challenge for construction equipment.
• The working area becomes relatively narrow in some areas, but construction activities should not
be hampered even in these sections. Along portions of the slurry wall alignment, the working
• area will need to be located on previously reclaimed 3H:1 V slopes above the existing pond water
• surface. Preparation of the slurry wall alignment in these locations will include grading a 50 to
• 100 foot wide, relatively flat working space into the slope. When slurry wall construction is
complete, the working space will be final graded for stability and an operations and maintenance
• access route will be left in place. The route will be reclaimed with topsoil and grass seeding as a
• low traffic dirt road.
• The SW Ponds already provide a partially excavated reservoir cavity. Excavation of the mining
• cell will further define the reservoir cavity and necessary alignment for the slurry wall. In
• addition to the slurry wall surrounding the mining cell, the slurry wall may be constructed to
connect with the existing 25c11 Avenue Site reservoir slurry wall to minimize the slurry wall
• construction length.
•
Reservoir Performance Standards
•
• According to the State Engineer's Office (SEO), the intent of the reservoir lining design (design
• standard) is to achieve groundwater inflow (leakage rate) into the reservoir that is not greater
than 0.03 ft/day (1 x 1W cm/sec) multiplied by the length of the perimeter wall in feet multiplied
• by the average vertical depth of the perimeter wall as measured from the ground surface to the
Greeley 25'"Avenue Site
• DRMS 112 Permit Amendment Application Page 11
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• pit bottom along the toe of the pit side slope, plus 0.0015 ft/day (5 x 1e cm/sec) multiplied by
the area of the bottom of the liner system or natural bedrock bounded by the perimeter wall.
• The performance standard shall be three times the design standard and shall be applied to an
initial test of competency of the liner, as well as to the ongoing operation of the reservoir. The
• initial test will include a water balance analysis to demonstrate that the balance of the inflows
• and outflows equals the change in storage volume over a minimum of a 90-day period.
• Reclamation Measures/Materials Handling
• Reservoir slopes left by the mining operation will be reclaimed to at least 3H:1V final grade.
411 Major backfilling will not be required since the mine cell side slopes will be excavated at
approximately 3H:1 V during mining. Final reclamation by covering slopes above the expected
• reservoir water level with topsoil and revegetating will follow excavation operations closely to
• minimize the amount of disturbance at any one time.
Since backfilling for the NE and SE pond reclamation will be concurrent with mining, non-
marketable material, overburden, and topsoil excavated during mining will be used almost
• immediately. Scrapers or haul trucks will be used to transport non-marketable and other backfill
material to the NE Pond and SE Pond shorelines. Temporary stockpiles will be created along the
• shorelines and when sufficient material is available in the stockpile, the material will be
• backfilled into the previously mined areas.
Once the slurry wall is constructed, additional grading of the reservoir slopes and top of bank
• may be performed. Prior to grading, topsoil shall be removed and stockpiled for later use.
• During final grading of the reservoir, trees and shrubs near the slurry wall will be removed to
protect the integrity of the barrier. During reclamation activities, inlet and outlet works for the
• new reservoir may be installed. If constructed prior to final release of the 25`h Avenue Site
• MLRB permit, the design specifications and plans for the facilities will be provided to the
• Division prior to construction.
All backfilling and grading will be done to stabilize the material and control erosion. Final
• grading and seeding will be done as soon as possible after slurry wall construction, backfilling,
• grading, and topsoiling have been completed. There will not be known toxic or hazardous
materials in the slurry wall or backfill material. The reclamation will not leave high walls on the
• property. In addition, there will be no auger holes, excavations, or shafts left on the property.
• Topsoil and Revegetation
•
• Re-vegetation will only include grass seeding of disturbed areas. No tree or shrub planting is
planned. Where required, topsoil will be replaced to a depth of two inches or greater. Due to the
1111 site geology and previous mining activities, topsoil at the site is very scarce. Topsoil will be
placed after slurry wall construction, backfilling, and final grading of the site is completed. As
• the area is reclaimed, runoff or excess water from adjacent areas will not be allowed to flow over
• slopes being graded and seeded. If needed, berms or channels will be constructed to divert
excess water and dispose of it in a safe and non-erosive manner.
Greeley 25"Avenue Site
• ORMS 1/2 Permit Amendment Application Page 12
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• Seeding of disturbed areas will be done as areas are finished with preparation including grading
and topsoil spreading. Planting will be most successful if done between mid-November and the
end of April. Planting can be performed in May if necessary, but after May it is not advisable to
• plant. Planting before November is not advised as the potential for a warm growth environment
• and early germination would likely result in a major failure of the revegetation and require
reseeding.
• Fertilizer may be applied to re-soiled areas in a manner that will encourage emergence and
survival of the grasses without encouraging competition from weeds. Starter fertilizer could be
applied before, or at the time of, seeding. If necessary, full fertilization will be applied after
• emergence. Fertilizer mixtures will be based upon soil tests made on samples taken from re-
• soiled areas prior to seeding.
• If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before
• they can go to seed. The areas will be mowed periodically for additional control as needed.
• Mechanical control will be used as a first priority. Chemical methods will only be used if no
other alternative produces acceptable results.
•
• Periodic inspection for noxious weeds, at least once a year early in the season, will be done. The
• weed inspection will search for not only the expected species but also any new List A or B
species introductions. It is likely that non-noxious and List C species will also be found. Non-
• noxious weeds, which are often native invaders, do not need to be controlled, but if the
• population of a List C species is controllable then it will be included in the control program.
List C noxious species are problematic but are usually not as serious as List B species. List B
• species in Colorado and utilized for Weld County weed management include: Absinth
• wormwood, Black henbane, Bouncingbet, Bull thistle, Canada thistle, Chinese clematis,
• Common tansy, Common teasel, Corn chamomile, Cutleaf teasel, Dalmatian toadflax, Dame's
rocket, Diffuse knapweed, Eurasian watermilfoil, Hoary cress, Houndstongue, Jointed goatgrass,
Leafy spurge, Mayweed chamomile, Moth mullein, Musk thistle, Oxeye daisy, Perennial
• pepperweed, Plumeless thistle, Quackgrass, Russian knapweed, Russian-olive, Salt cedar,
• Scentless chamomile, Scotch thistle, Spotted knapweed, Spurred anoda, Sulfur cinquefoil,
Venice mallow, Wild caraway, Yellow nutsedge, and Yellow toadflax.
•
• All List A species must be eradicated by law. These weeds include African me, Bohemian
knotweed, Camelthom, Common crupina, Cypress spurge, Dyer's woad, Elongated mustard,
• Giant knotweed, Giant salvinia, Hydrilla, Japanese knotweed, meadow knapweed, Mediterranean
• sage, Medusahead, Myrtle spurge, Orange hawkweed, Purple loosestrife, Rush skeletonweed,
• Squarrose knapweed, Tansy ragwort, and Yellow starthistle. The current complete list of
noxious weed species and local management plans is available from the Weld County Weed
• Division.
•
During mining and reclamation activities for the proposed amendment area, slurry wall
installation will disturb upland areas and potential reservoir slope regrading may disturb existing
lake shorelines. With reservoir water level fluctuations and routine slope maintenance,
• revegetation of the reservoir shorelines with a moisture dependent grass seed mix is not practical.
• The recommended reclamation seed mixture for reservoir slopes following slurry wall
installation is comprised mainly of the upland grasses. Additionally, upland grasses will be used
Greeley 25°Avenue Site
• DRMS 112 Permit Amendment Application Page 13
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• in areas of the 25th Avenue Site that will not experience periodic flooding, seasonal groundwater,
or other moist soil conditions. A long lasting and regenerating upland seed mixture, selected
based on the soils in the area, is recommended below:
•
• Upland Grass Seed Application Rate*
• (#PLS/acre)
• Western Wheatgrass 4.0
• Blue grama 2.0
• Side-oats grama 1.5
• Sand dropseed 1.5
Slender Wheatgrass 1.5
• Indian Ricegrass 1.0
• TOTAL 11.5
•
*Application rate is for drill seeding. If seed is to be broadcast, the
•
application rate will be doubled.
• Upland grass seed will be planted with a drill equipped with depth bands and press wheels. The
• seeded area will then be covered with certified weed-less straw mulch at a rate of 2,000 pounds
per acre. The straw will be crimped into the soil to control erosion until the grass becomes
• established.
•
In areas where wetlands could potentially be developed, the seed mix will be modified to include
• more transition and wetland grasses and grass-like species. These seed mixes, especially if
standing water or saturated soils exist during planting, will likely need to be broadcast.
•
•
Application Rate*
Wetland/Transition Grass Seed
• (#PLS/acre)
• Western Wheatgrass 2.5
• Switchgrass 2.5
• Bottlebrush squirreltail 1.5
• Alkali sacaton 1.5
• Colorado rush 1.5
• Meadow sedge 1.5
• TOTAL 11.0
• *Application rate is for drill seeding. If seed is to be broadcast, the
• application rate will be doubled.
•
• Greeley 25°Avenue Site
• DRMS 112 Permit Amendment Application Page 14
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•
•
•
•
•
• Drill seeding is the preferred method for revegetation. If broadcast seeding is necessary on moist
soils, steep slopes, or in excessively rocky areas, success can be encouraged by broadcasting
onto growth medium that is very loose. If the seed is broadcast in those circumstances, then the
• seeded area will be dragged to help bury the seed.
• Wildlife
•
• Current wildlife conditions and potential impacts are described in Exhibit H, Wildlife
Information.
•
• Water—General Requirement
To minimize the effect on the prevailing hydrologic balance, the operator shall:
a. Comply with all applicable Colorado water laws.
b. Comply with all applicable Federal and State water quality laws and regulations.
• c. Comply with all Federal and State requirements for dredge and fill.
• d. Perform all work to minimize erosion and sediment transport.
•
• Current water resource conditions and potential surface water and groundwater impacts are
• described in Exhibit G, Water Information.
• Groundwater—Specific Requirements
• The proposed amendment area includes four groundwater ponds with a combined surface area of
approximately 75 acres. The pond cavities were excavated in the Cache la Poudre alluvium
• during previous mining activities. During mining, alluvial groundwater was pumped from the
• pits to facilitate sand and gravel excavation and processing. Following the completion of mining
and removal of the dewatering pumps, alluvial groundwater filled the pits to create the existing
• ponds. The ponds currently impact the Cache la Poudre River in the form of depletions due to
• evaporation. In an agreement with Flatiron, the City of Greeley has assumed the long-term
augmentation responsibility for the Greeley West Pit and proposed amendment area. A
• Substitute Water Supply Plan (SWSP) for the replacement of stream depletions associated with
• mining and reclamation operations will be obtained from the Colorado State Engineer's Office
• (SEO). Additionally, a well permit (Permit No. 59809-F) for exposed groundwater in the
• proposed amendment area has already been obtained. Potential impacts from continued mining
in the proposed amendment area are described in Exhibit G, Water Resources.
• The mining and reclamation operation will not affect groundwater quality on or off the site. The
operation will comply with State groundwater quality standards. Due to the absence of
• significant sources of potential pollutants, groundwater quality monitoring is not required in this
• operation.
• Buildings and Structures
• There are no buildings or structures in the proposed amendment area.
•
• Greeley 25'"Avenue Site
• DRMS 112 Permit Amendment Application Page 15
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•
•
•
•
• Signs and Markers
• Permit notification signs will be placed and maintained at the entrance to the operation. The
• permit boundary will be identified where it is not already identified by fences or suitable
markers. All signs and markers will be removed upon permit release.
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• Greeley 25thAvenue Site
• DRMS 112 Permit Amendment Application Page 16
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• EXHIBIT F
•
• Reclamation Plan Map
• See attached map.
• Exhibit F: Reclamation Plan Map
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Greeley 25"Avenue Site
• DRMS 112 Permit Amendment Application Page 17
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• EXHIBIT G
• Water Information
• The 25th Avenue Site and proposed amendment area are located in Section 36, Township 6
• North, Range 66 West of the 6` Princial Meridian, Weld County, Colorado. However, prior to
this application approval, the entire 25` Avenue Site and proposed amendment area are planned
• to be annexed into the City of Greeley. The proposed amendment area includes 197.51 acres.
• Including the 87.05 acres in the existing 25`h Avenue Site, the total proposed permit area is
• 284.56 acres.
• The Cache la Poudre River bisects the northern portion of the proposed amended area from west
• to east. Other water resources near the site include City of Greeley stormwater drainage ditch
located adjacent to the west permit boundary and discharging into the Poudre River at the
• northwest corner of the site. The Greeley No. 3 Canal is approximately 2,800 feet south of the
• proposed permit boundary(see Exhibit C-4, Water Resource Map).
• As delineated on Map Numbers FM0802660609C and FM0802660628C (National Flood
• Insurance Program, September 28, 1982), a large portion of the 25th Avenue Site and proposed
• amendment area lies within the Cache la Poudre River 100-year floodplain (see Exhibit C-4,
• Water Resource Map). All work performed in the floodplain will conform to the City of Greeley
Flood Fringe Development Regulations.
•
• Introduction
• The proposed amendment area includes four groundwater ponds with a combined surface area of
• approximately 75 acres. The pond cavities were excavated in the Cache la Poudre alluvium
• during previous mining activities. During mining, alluvial groundwater was pumped from the
pits to facilitate sand and gravel excavation and processing. Following the completion of mining
• and removal of the dewatering pumps, alluvial groundwater filled the pits to create the existing
• ponds. The ponds currently impact the Cache la Poudre River in the form of depletions due to
evaporation. The new mining operation will impact groundwater systems hydraulically
connected to the Cache la Poudre River by extracting sand and gravel deposits from the alluvial
• aquifer. These impacts will be covered under a Substitute Water Supply Plan (SWSP) for the
• replacement of stream depletions obtained from the Colorado State Engineer's Office (SEO).
• Additionally, a well permit (Permit No. 59809-F) for exposed groundwater has already been
obtained from the SEO.
•
• Potential Mining Impacts
• The new mining operation will impact groundwater systems hydraulically connected to the
• Cache la Poudre River by extracting sand and gravel deposits from the alluvial aquifer. These
• impacts will be covered under an SWSP obtained from the SEO. This unconfined alluvial
aquifer rests atop bedrock formations of the Laramie Formation, Fox Hills Formation, and Pierre
• Shale. Water below the property within this portion of the Laramie-Fox Hills is non-tributary.
• Reclamation activities will not produce additional significant long-term affects to the alluvial
•
• Greeley 25'"Avenue Site
• DRMS 112 Permit Amendment Application Page 18
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•
•
•
groundwater on the 25th Avenue Site. No long-term impacts to the Cache la Poudre River or
Greeley No. 3 Canal are anticipated.
• Dewatering associated with the proposed mining pit (SW Ponds) has the potential to impact
• alluvial groundwater wells near the pit. A well permit application search of the SEO database
was used to locate wells near the proposed amendment area. The Water Resource Map (Exhibit
• C-4) illustrates existing recorded well permit applications within 600 feet of the proposed permit
• boundary and approximately 'A mile from the SW Ponds (proposed mining cell area). Although
there may be other wells in the area, they are not recorded with the SEO.
•
• Water Requirements
Evaporative losses during mining or reclamation activities are not expected to increase over
• existing conditions at the site. According to previous Greeley West Pit SWSP plans, the net
• annual depletion in the proposed amendment area is 86.9 acre-feet. This depletion is based
• on 29.7 acres of exposed groundwater and a net evaporative loss of approximately 2.9 feet per
year. The 29.7 acres of groundwater surface area was determined from 75.2 combined surface
• acres from the NE Pond, SE Pond, and SW Ponds minus the pre-1981 exposed groundwater
• credit of 45.5 acres.
• During mining, the SW Ponds will be dewatered, reducing the exposed groundwater surface area
• by approximately 32.5 acres and annual evaporative losses by 95.1 acre-feet. Along with this
• decrease in annual evaporative losses, mining activities will acid additional evaporative losses.
Mining activities will include exposed groundwater from dewatering trenches and potential
settling basins and operational water losses from dust control and water retained in product
• hauled off-site.
• The maximum exposed groundwater area for dewatering trenches and settling basins within the
• mining cell will amount to less than one acre, or an annual evaporative loss of less
• than 2.9 acre-feet. If the moisture content of the material transported off-site is assumed to
be 4 percent by weight, and the annual mined product is estimated to be 200,000 tons per year,
• then the annual amount of water lost in product is approximately 5.9 acre-feet. It is also
• estimated that approximately one acre-foot of water will be needed for dust control during
• mining and reclamation activities. Therefore, the total annual loss from mining and reclamation
operations is 9.8 acre-feet. A new SWSP for evaporation and operational losses will be obtained
from the SEO.
•
Sources of Replacement Water
•
• The replacement of consumptive uses will be accounted for in a new SWSP administered by the
• SEO. Previous Greeley West Pit SWSP plans list sources of replacement water as the Greeley
Irrigation Canal No. 3 (WDID 030093) during irrigation season and fully consumable water
provided by the City of Greeley (point of replacement is the Greeley Wastewater Treatment
• Plant) during non-irrigation season. Once mining is complete and the slurry wall is constructed,
• remaining evaporative losses at the site will be account for with a Greeley West Pit pre-1981
exposed groundwater credit of 45.5 acres (November 1, 2001, Office of the State Engineer to
Greeley 25'h Avenue Site
• DRIVE 112 Permit Amendment Application Page 19
• Hart Environmental). The reclamation plan will, therefore, not require a court approved water
augmentation plan.
• Mining Impact Mitigation Plan
• Although impacts and damages are not anticipated, it is the intent of the City of Greeley to
• operate responsibly and to mitigate damage to wells or structures that is directly attributable to
• the mining of the 25`h Avenue Site.
Operations at the 25th Avenue Site are not anticipated to injuriously affect surrounding water
• rights. If impacts are experienced due to mine dewatering, these affects should be temporary and
discontinue once dewatering operations cease or the slurry wall is constructed. However, if
• dewatering from the proposed amendment area directly affects the ability of surrounding wells to
pump a full supply of water in accordance with their permitted uses, the City of Greeley will take
• all necessary actions to remedy the affects to the extent they were directly caused by operations
at the site. Mitigation measures may include, but are not limited to:
•
• 1. Modify existing wells to operate under lower groundwater conditions. This would include
• re-drilling existing wells to deeper depths or lowering the pumps. All work would be done at
the City of Greeley's expense with the exception of replacing equipment that was
• non-functional prior to mining.
2. If existing wells cannot be repaired, the applicant will drill a new well for the owner to
• replace the damaged well. The new well will produce water of the same quantity and quality
• to support the historic use.
• 3. Provide an alternative source of water to support the historic well water use during mine
• dewatering.
. Potential Reclamation Impacts
Once the slurry wall is constructed around the mining pit (SW Ponds) potential impacts to
surrounding wells from pit dewatering will cease. When the SE and NE ponds are mostly
• backfilled, impacts to the adjacent groundwater table from pond surface evaporative losses will
. be minimized. For groundwater pond surface area that remains un-backfilled, evaporative losses
will be account for with a Greeley West Pit pre-1981 exposed groundwater credit of 45.5 acres
• (November 1, 2001, Office of the State Engineer to Hart Environmental). Therefore, final
. reclamation of the amendment area does not require complete backfilling of the existing
. NE Pond and SE Pond or augmentation.
. The lined reservoir will influence alluvial groundwater flow near the slurry wall, but these
. influences are anticipated to be very localized. Specific alluvial groundwater conditions at the
25th Avenue Site and proposed amendment area are limited. From monitoring wells on the site,
• alluvial groundwater appears to range from 10 to 15 feet below the ground surface. For other
• alluvial groundwater conditions, baseline conditions would be expected to reflect typical river
. and stream alluvial groundwater regimes along the Cache la Poudre River. These groundwater
regimes generally exhibit a relatively high transmissivity and low gradient. Groundwater flow is
• regularly in the same direction as, and slightly towards, the river (see Exhibit C-4, Water
•
Greeley 25"'Avenue Site
. DIMS 112 Permit Amendment Application Page 20
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• Resource Map). The alluvial groundwater elevation and flow direction in these systems are
typically influenced by fluctuations in river flow, direct precipitation and infiltration, agricultural
• irrigation, and withdrawals from water wells.
•
Mounding and shadowing refer to a slightly higher or lower normal groundwater elevation,
• respectively, and can be caused by obstructions to the natural alluvial groundwater flow regime.
• Once the slurry wall is complete, and based on the assumed groundwater flow regime, mounding
• is anticipated west and southwest, or upgradient, of the slurry wall and shadowing is expected
• east and northeast, or downgradient of the reservoir. These groundwater elevation effects are
most pronounced immediately adjacent to the slurry wall, with groundwater returning to normal
• elevations over relatively short distances away from the slurry wall.
Upgradient (west and south) of the 25th Avenue Site, properties are primarily owned by
additional mining operations and semi-rural residences and commercial businesses. The
• residence and commercial businesses are at least 200 feet from the proposed slurry wall.
• Shadowing impacts downgradient of the 25th Avenue Site slurry wall are not likely since the
Cache la Poudre River is immediately north of the site and additional mining operations or
• reclaimed mining properties are to the east. Groundwater mounding and shadowing effects are
. not expected to occur beyond, nor impact, these adjacent properties and features. Therefore,
. impacts and damages to adjacent properties from installation of the slurry wall are not
anticipated.
•
• Reclamation Impact Mitigation Plan
• Although impacts and damages are not anticipated, it is the intent of the City of Greeley to
• operate responsibly and to mitigate damage to wells or structures that is directly attributable to
the mining and reclamation of the 25th Avenue Site.
Although not anticipated, if installation of the slurry wall creates injury to surrounding wells, the
• applicant will take all necessary actions to remedy the injury. If water levels are dropping in
. adjacent wells, due to shadowing from installation of the slurry wall at the 25th Avenue Site, such
that well owners historic water production may be injured, mitigation measures may include, but
• are not limited to:
. 1. Modify existing wells to operate under lower groundwater conditions. This would include
. re-drilling existing wells to deeper depths or lowering the pumps. All work would be done at
the City of Greeley's expense with the exception of replacing equipment that was non-
• functional prior to mining.
• 2. If existing wells cannot be repaired, the applicant will drill a new well for the owner to
• replace the damaged well. The new well will produce water of the same quantity and quality
to support the historic use.
3. Provide an alternative source of water to support the historic well water use.
Additionally, if it is determined that installation of the slurry wall creates mounding or
. shadowing impacts to surrounding structures or water resources, the applicant will take
Greeley 15'"Avenue Site
DRMS 112 Permit Amendment Application Page 21
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•
• appropriate corrective action. Impacts would trigger mitigation measures that may include, but
are not limited to:• 1. Pumping from mounding areas to recharge ponds in shadowing areas.
•
• 2. Installing surface or underground drain systems to transport groundwater from mounding
areas to shadowing areas.
3. Diverting surface water flows to recharge ponds in shadowing areas.
•
• Water Quality
Mining and reclamation operations shall comply with Colorado Department of Public Health and
• Environment National Pollution Discharge Elimination System (NPDES) regulations. The
• existing 25`h Avenue Site Colorado Discharge Permitting System (CDPS) permit for stormwater
management and discharge flows to protect surface water quality on and off the proposed
amendment area will be updated to include the new mining and reclamation activities. The
• permit includes the continued updating and implementation of a site Stormwater Management
. Plan designed to prevent the contact and transport of potential contaminants to surface waters by
stormwater flows.
• The depth to groundwater fluctuates by a couple of feet depending on the season, but ranges
from about 10 to 15 feet below ground surface. Average depth of the existing lakes is about
• 15 feet below the water surface. Due to the absence of large quantities of potential pollutants on
. site, the mining and reclamation operations will not affect groundwater quality on or off the site.
. As stated above, mining and reclamation activities shall operate under a CDPS permit and
. Stormwater Management Plan. The plan provides for regular inspections of potential
contaminant areas such as mobile equipment and fuel or lubricant storage locations. Inspections
• and best management practices are incorporated into the plan to protect both surface and
• groundwater quality.
O Greeley 25rh Avenue Site
DRMS 112 Permit Amendment Application Page 22
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• EXHIBIT H
•
• Wildlife Information
•
To evaluate potential wildlife habitat impacts from the proposed operation, information was
• gathered from the Natural Diversity Information Source (NDIS) as well as the ERO Resources
• Corporation report, Biological Report Flatirons Property — City of Greeley, Weld County,
• Colorado (November 2011). The NDIS combines plant and animal abundance data from the
Colorado Division of Wildlife (CDOW) and other Colorado natural resource agencies to be used
• for land-use analyses and decisions. The CDOW was also contacted directly in 1987, and at that
• time, supplied comments pertaining to wildlife species and habitat.
• The proposed amendment area is an existing mine site with additional mining activities on
adjacent properties. The site contains a mixture of open water, riparian, wetland, and upland
• habitats consisting of native and introduced vegetation. Upland areas consist primarily of
revegetated areas previously disturbed by mining while stands of cottonwood, willow, and other
riparian and wetland vegetation are found along the Cache la Poudre River and lake shorelines.
•
• There are no known federally threatened, endangered, or candidate species within the proposed
site boundary. Federally threatened, endangered, or candidate species that could potentially be
• found in Weld County or that could potentially be affected by projects in Weld County include
• the Preble's meadow jumping mouse, interior least tern, Mexican piping plover, whooping crane,
. pallid sturgeon, Colorado butterfly plant, Ute ladies'-tresses orchid, and the western prairie
fringed orchid. Of these species, suitable habitat exists only for the Ute ladies'-tresses orchid.
• Although the riparian corridor along the Poudre River and the wetlands around the gravel pits
• have the potential to support a population of these orchids, no Ute ladies'-tresses orchids have
been observed or documented within the proposed site boundary.
• Colorado state threatened, endangered, and species of concern that could potentially be found in
. Weld County or that could potentially be affected by projects in Weld County include the black-
tailed prairie dog, Northern river otter, swift fox, American peregrine falcon, bald eagle,
ferruginous hawk, greater sandhill crane, long-billed curlew, mountain plover, Western
. burrowing owl, Western snowy plover, plains minnow, suckennouth minnow, brassy minnow,
• common shiner, Iowa darter, stonecat, common garter snake, and Northern leopard frog. For
many of these species, potentially suitable habitat does not exist within the proposed amendment
area.
. Potentially suitable habitat does exist within the proposed amendment area for mammal and bird
species such as, the black-tailed prairie dog, Northern river otter, bald eagle, mountain plover,
and Western burrowing owl. River otters have historically been observed on the Cache la Poudre
river upstream of the City of Greeley, but river otters have not been observed at the proposed site
. and neither have black-tailed prairie dogs or their burrows. No potential raptor nests were found
in or near the project area. The only exception could be wintering or year-round roosting/feeding
bald eagles. However, there are no known nest sites within the proposed amendment area. Some
. inactive songbird nests were observed in small trees near the ponds in the project area. The
Greeley 25i°Avenue Site
DRMS 112 Permit Amendment Application Page 23
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• wetlands and ponds in the project area provide potential habitat for the brassy minnow, Iowa
darter, common garter snake, and northern leopard frog.
•
• Many birds may use habitats similar to those found at the proposed amendment area, either year-
round, seasonally for nesting, or temporarily for roosting during migration. Some of the common
or abundant species could include robins, orioles, starlings, swallows, magpies, wrens, longspurs,
doves, kingbirds, and blackbirds. Because of the abundant open water habitat within and near the
• proposed project site, shore birds and waterfowl such as killdeer, herons, gulls, cormorants,
• pelicans, ducks, coots, Canadian geese, and grebes might also be present.
• It could be expected that most mammals common or abundant in Weld County would be found
• near or within the proposed amendment area. Smaller mammals that might be found at the
proposed project site might include bats, mice, voles, gophers, cottontail rabbits, squirrels,
muskrats, raccons, mink, and skunks. Some of the larger mammals could include both mule and
• white tailed deer, beaver, coyote, and fox.
The mining and reclamation activities may disturb some of the wildlife within the proposed site
boundary and adjacent area. However, the activities will be confined to specific areas and total
disturbance at one time will be limited. Impacts to wildlife following reclamation will primarily
be associated with the loss of tree, shrub, and riparian areas along the shorelines of the lakes. To
help mitigate these effects, some of the backfilled ponds are to be reclaimed for wetland habitat
• with additional riparian vegetation. Although the reservoirs will provide open water habitat,
• fluctuations in reservoir water levels and maintenance of the reservoirs will not permit robust
shoreline vegetation growth. However, because the existing lakes are previously mined pits, the
loss of habitat impacts will be relatively low. The existing lake shorelines and below water
• surface slopes have likely been graded to approximately 3H:1V. Although this grade provides
• stable lake and reservoir slopes, it minimizes the amount of productive shallow water habitat
within the lakes. Additionally, in most areas the 3H:IV grade continues to rise several feet to
• over ten feet from the shoreline to the adjacent land surface. This steep slope minimizes the
. saturated soil area around the perimeter of the lake and, therefore, the width of the riparian area.
•
Greeley 25i°Avenue Site
DBMS 112 Permit Amendment Application Page 24
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•
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•
•
• EXHIBIT I
• Soil Information
•
• At the end of this exhibit are some printouts from the NRCS website that describe many of the
• typical characteristics of the soils present on the site. Please refer to Exhibit C-2, Soils Map, for an
illustration showing the distribution of the soils.
• According to the Web Soil Survey (United States Department of Agriculture, NRCS, 2004) of the
• Greeley West Pit, there are three major soil types within the proposed project site:
1. Aquolls and Aquents, gravelly substratum
• 2. Kim loam, 1 to 3 percent slopes, and
3. Borrow Pits
•
• The historic location of these soil types is illustrated on Exhibit C-2, Soils Map. Most of the proposed
amendment area has been previously disturbed by mining activities. Soils depicted on the map have
• been disturbed by post-survey mining operations and currently exist primarily as a mixture of
• Aquolls, Aquents, and Kim Loam.
Aquolls and Aquents
• The Aquolls and Aquants are deep, level and nearly level, poorly drained soils formed in alluvium.
Located on flood plains along major streams throughout the area, this soil type is found in areas that
• are subject to flooding. It is also the most dominant soil type within the proposed project site. The
. water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall.
. Areas containing these soils are used mainly for rangeland and wildlife habitat. The potential is good
for development of wetland wildlife habitat and also as a source of sand and gravel. Wetness and the
hazard of flooding arc the main limitations in farming and for most other purposes.
Kim Loam
•
. The Kim loam soil type, present within the proposed amendment area is deep and nearly level to
moderately sloping. Typically found in alluvial fans and plains, this soil type is derived from
sedimentary rock and mixed eolian deposits. It is well-drained and depth to the restrictive layer is
. more than 80 inches.
. These soils are used principally as native pastureland, however, they are used as dry or irrigated
. cropland in some localities. Native vegetation typically consists of short grasses, of which blue
. grama predominates. Wetness and hazard of flooding are the main limitations to farming and most
other purposes. The potential is good for development of wetland wildlife habitat and rangeland.
• Borrow Pits
. No true topsoil exists. Contains gravelly sand and coarse sand from the ground surface to variable
depths. Borrow Pits may contain water.
S
1
O Greeley 25"'Avenue Site
O DRMS 111 Permit Amendment Application Page 25
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• Map Unit Description:Borrow Pits—Weld County,Colorado,Southern Part
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• Weld County, Colorado, Southern Part
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• ljxw6—Borrow Pits
• Map Unit Composition
• Borrow pits: 100 percent
• Data Source Information
•
• Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 11, Aug 27, 2009
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• USDA Natural Resources Web Soil Survey 2/15/2012
• Conservation Service National Cooperative Soil Survey Page 1 of 1
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• Map Unit Description:Aquolls and Aquents,gravelly substratum—Weld County,
• Colorado,Southern Part
•
• Weld County, Colorado, Southern Part
•
• 3627—Aquolls and Aquents, gravelly substratum
• Map Unit Setting
• Elevation:4,000 to 7,200 feet
• Mean annual precipitation: 12 to 18 inches
Mean annual air temperature:45 to 55 degrees F
• Frost-free period:80 to 155 days
Map Unit Composition
• Aquolls and similar soils:55 percent
Aquents, gravelly substratum, and similar soils: 30 percent
Minor components: 15 percent
• Description of Aquolls
• Setting
• Landform: Swales, streams, flood plains
. Down-slope shape: Linear
Across-slope shape: Linear
• Parent material: Recent alluvium
• Properties and qualities
Slope: 0 to 3 percent
Depth to restrictive feature: More than 80 inches
• Drainage class: Poorly drained
Capacity of the most limiting layer to transmit water
(Ksat): Moderately high to high (0.20 to 2.00 in/hr)
. Depth to water table:About 6 to 48 inches
Frequency of flooding: Frequent
. Frequency of ponding: None
• Maximum salinity: Nonsaline to very slightly saline(0.0 to 4.0 mmhos/
cm)
. Available water capacity: Moderate (about 8.0 inches)
• Interpretive groups
• Land capability(nonirrigated):6w
Ecological site: Salt Meadow (R067BY035CO)
• Typical profile
• 0 to 48 inches: Loam
. 48 to 60 inches:Gravelly sand
• Description of Aquents, Gravelly Substratum
• Setting
Landform: Stream terraces
. Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Recent alluvium
• Properties and qualities
• Slope:0 to 3 percent
• USDA Natural Resources Web Soil Survey 2/15/2012
. Conservation Service National Cooperative Soil Survey Page 1 of 2
•
•
• Map Unit Description:Aquolls and Aquents,gravelly substratum—Weld County,
• Colorado,Southern Part
•
Depth to restrictive feature: More than 80 inches
• Drainage class: Poorly drained
Capacity of the most limiting layer to transmit water
• (Ksat): Moderately high to very high (0.57 to 19.98 in/hr)
• Depth to water table:About 6 to 24 inches
Frequency of flooding: Frequent
• Frequency of ponding: None
• Calcium carbonate, maximum content: 10 percent
Maximum salinity: Nonsaline to slightly saline(0.0 to 8.0 mmhos/cm)
Available water capacity: Moderate (about 6.6 inches)
. Interpretive groups
• Land capability classification (irrigated):6w
Land capability(nonirrigated):6w
• Ecological site: Salt Meadow(R067BY035CO)
• Typical profile
0 to 48 inches:Variable
48 to 60 inches:Very gravelly sand• Minor Components
Bankard
. Percent of map unit: 10 percent
• Ustic torrifluvents
• Percent of map unit:5 percent
Data Source Information
• Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 11, Aug 27, 2009
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• USDA Natural Resources Web Soil Survey 2/15/2012
Conservation Service National Cooperative Soil Survey Page 2 of 2
0
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• Map Unit Description:Kim loam,1 to 3 percent slopes—Weld County,Colorado,
• Southern Part
•
Weld County, Colorado, Southern Part
• 362b—Kim loam, 1 to 3 percent slopes
• Map Unit Setting
• Elevation:4,900 to 5,250 feet
Mean annual precipitation: 13 to 17 inches
Mean annual air temperature:46 to 52 degrees F
• Frost-free period: 125 to 150 days
Map Unit Composition
• Kim and similar soils:90 percent
. Minor components: 10 percent
• Description of Kim
• Setting
Landform:Alluvial fans, plains
• Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Mixed eolian deposits derived from sedimentary
• rock
• Properties and qualities
Slope: 1 to 3 percent
Depth to restrictive feature: More than 80 inches
. Drainage class:Well drained
Capacity of the most limiting layer to transmit water
(Ksat): Moderately high to high (0.57 to 5.95 in/hr)
• Depth to water table: More than 80 inches
Frequency of flooding: None
. Frequency of ponding: None
• Calcium carbonate, maximum content: 15 percent
Available water capacity: Moderate (about 9.0 inches)
• Interpretive groups
• Land capability classification (irrigated): 3e
Land capability(nonirrigated):4e
Ecological site: Loamy Plains (R067BY002CO)
Typical profile
. 0 to 12 inches: Loam
12 to 40 inches: Loam
40 to 60 inches: Fine sandy loam
•S
USDA Natural Resources Web Soil Survey 2/15/2012
aiN Conservation Service National Cooperative Soil Survey Page 1 of 2
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• Map Unit Description:Kim loam,1 to 3 percent slopes—Weld County,Colorado,
• Southem Part
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• Minor Components
• Otero
Percent of map unit: 10 percent
•
• Data Source Information
• Soil Survey Area: Weld County, Colorado, Southern Part
• Survey Area Data: Version 11, Aug 27, 2009
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0a Natural Resources Web Soil Survey 2/15/2012
• Conservation Service National Cooperative Soil Survey Page 2 of 2
• EXHIBIT J
•
• Vegetation Information
• Introduction
•
• Vegetation information was gathered from the Soil Survey of Weld County, Colorado, Southern
• Part(United States Department of Agriculture, Soil Conservation Service, September 1980), and
the ERO Resources Corporation report Biological Report Flatirons Property— City of Greeley,
• Weld County, Colorado (November 2011).
•
Following disturbance from past mining activities, most of the proposed amendment area has
• only been partially reclaimed. Upon completion of mining activities, reclamation will resume by
• re-seeding disturbed areas with a mixture of native grass species and legumes. The individual
• species were selected based upon the diverse genetic characteristics that make each one uniquely
• suited to the soils and climate of the proposed permit area. Differences in and between marsh and
slough, tall, short, and mixed grass prairie, stream and pond margin, and sedge meadow species
• were specifically chosen to add to the genetic potential for vegetation to adapt and thrive.
• Current Conditions
• Due to the large area of disturbed surfaces, the occurrence of established native vegetation is
limited. It is reasonable to expect growth and persistence of invasive species and annual weeds
• while mining operations are active or in areas where partial reclamation has occurred. Past
• reclamation activities have established sparse to dense vegetation growth in both upland and
• wetland/riparian areas. Please refer to Exhibit C-3, Vegetation Map, for an illustration showing
• existing vegetation conditons.
• Most of the uplands are sparsely covered with annual weeds such as cheatgrass (Anisantha
• tectorum) and Russian thistle (Salsola australis) and fast-growing native grasses such as sand
dropseed (Sporobolus cryptandrus) and three-awn (Aristida purpurea). The slopes surrounding
• the ponds are more vegetated and consist of grasses such as sand dropseed, western wheatgrass
(Pascopyrum smithii), three-awn, and blue grama (Chondrosum gracile). A few patches of trees
• dot the uplands, including a stand of young Siberian elms (Ulmus pumilus) and young plains
cottonwoods (Populus deltoides subsp. monilifera) with mostly dead sandbar willow (Salix
• exigua) shrubs in a small depression.
• Along the edge of the four ponds is a mosaic of wetland and riparian vegetation assemblages
• ranging from stands of Siberian elm to plains cottonwood and peachleaf willow (Salix
• amygdaloides). Wetlands occur within and abutting the four ponds and vary from sandbar willow
• shrublands, to cattail (Typha latifolia) and common three-square (Schoenoplectus pungens)
marshes, to submergent aquatic vegetation.
•
• Reclamation
•
Greeley 25'!Avenue Site
• DRMS 112 Permit Amendment Application Page 26
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• During mining and reclamation activities for the proposed amendment area, slurry wall
installation will disturb the reservoir slopes and top banks and pond backfilling and site
regrading will disturb additional upland areas. With reservoir water level fluctuations and routine
• slope maintenance, revegetation of the reservoir shorelines with a moisture dependent grass seed
• mix is not practical. Other regarded areas not exposed to frequent flooding or seasonal
groundwater inundation will be seeded mainly with upland grasses. The mixture below was
selected to be long lasting and regenerating. Based on the soils in the area, the following upland
• seed mixture is recommended:
• Upland Application Rate*
Grass Seed
(#PLS/acre)
• Western Wheatgrass 4.0
•
Blue grama 2.0
• Side-oats grama 1.5
• Sand dropseed 1.5
• Slender Wheatgrass 1.5
• Indian Ricegrass — 1.0
• TOTAL 11.5
*Application rate is for drill seeding. If seed is to be broadcast, the
• application rate will be doubled.
• In areas where wetlands could potentially be developed, the seed mix will be modified to include
more transition and wetland grasses and grass-like species. These seed mixes, especially if
• standing water or saturated soils exist during planting, will likely need to be broadcast.
• Application Rate*
Wetland/Transition Grass Seed
(#PLS/acre)
Western Wheatgrass 2.5
• Switchgrass 2.5
• Bottlebrush squirreltail 1.5
• Alkali sacaton _ 1.5
Colorado rush _ 1.5
• Meadow sedge 1.5
• TOTAL 11.0
• *Application rate is for drill seeding. If seed is to be broadcast, the
• application rate will be doubled.
Greeley 25th Avenue Site
ORMS 112 Permit Amendment Application Page 27
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• EXHIBIT K
Climate
Ill
Climate information was available for the Greeley UNC weather station from the Colorado
• Climate Center (sponsored by Colorado State University). The climate data collected from 1967
• through 2011 indicates the total annual precipitation at the site to be approximately 14.51 inches
• per year and annual mean temperature to be approximately 52.7 degrees Fahrenheit. Monthly
average temperature and precipitation data for the 44-year period of record are provided in the
• following table.
• Average Monthly
Temperature (°F) Average Monthly
• Precipitation
Maximum Minimum
• January 41.6 15.4 0.49
•
February 47.0 19.6 0.37
•
March 56.4 27.0 1.05
• April 64.6 34.7 1.89
III May 73.6 44.0 2.48
• June 84.1 52.8 1.93
0 July 90.1 58.3 1.55
• August 88.0 56.2 1.36
• September 79.7 46.9 1.14
• October 66.7 35.5 1.02
• November 51.5 24.6 0.76
• December 41.9 16.4 0.47
• Mean/Total 65.4 35.9 14.51
al
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la
IIGreeley 25th Avenue Site
• DRMS 112 Permit Amendment Application Page 28
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• EXHIBIT L
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• Reclamation Costs
•
In order to calculate maximum potential reclamation liability to the State, we have selected a
III point in time where reclamation costs could be at a maximum. Since the final land use is
• developed water storage, the time of maximum disturbance is prior to any slurry wall
• construction. Each aspect is listed in the following table with associated disturbed area. Please
refer to Exhibit D, Mining Plan, for a listing of disturbed areas that total 72.5 acres. This
• estimate will follow the same order as the listing in Exhibit D.
•• Unit Cost
• Aspect Reclamation Operation Quantity Units ($) Cost($)
A. Slurry Wall Construction - 5,000 ft x 60 ft
• 1. Excavation and backfill I 300,000 I SF I 12.00 I 3,600,000
• Site Grading- reservoir top bank following slurry wall construction; mining cell side
B
• slopes for added stability; selected areas of site to facilitate revegetation
• 1. Reservoir top bank and slopes, 33,880 CY 0.85 28,798
• 2ftx10.5acres
2. Selected areas, 2 11 x 5 acres 16,133 CY 0.85 13,713
• Overburden/Topsoil Placement- internal haul roads,processing facility, and other
• C. miscellaneous areas
• 1. Place material, 1 ft x 17 acres I 27,427.0 I CY I 1.25 I 34,284
• D Revegetation - complete for newly disturbed areas and partial for undisturbed and
• previously reclaimed areas
1. Complete seed and mulch, 32.5• 32.5 Ac 675 21,938
acres
2. Reseed 20% 6.5 Ac 675 4,388
• 3. Partial seed and mulch, 40 acres 8.0 Ac 675 5,400
• Total Disturbance Costs $3,708,520
• Contractor Mobilization/Demobilization (8%) 0.08 $296,682
Overhead (18.5%) 0.185 $686,076
• Administration (5%) 0.05 $185,426
• Total Proposed Financial Warranty $4,876,704
• Disturbed Acreage 72.5
• Financial Warranty per Acre $67,265
• Greeley 25rh Avenue Site
• DRMS 112 Permit Amendment Application Page 29
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• EXHIBIT M
Other Permits and Licenses
•
• • City of Greeley Use by Special Review Permit — The property is currently being annexed
• into the City of Greeley and a Use by Special Review permit application is being submitted
concurrently.
•
• • City of Greeley Flood Fringe Development Permit—The property is currently being annexed
into the City of Greeley and a Flood Fringe Development permit application is being
• submitted concurrently.
•
• • APEN, Colorado Department of Public Health and Environment Air Pollution Emission
Notification Permit—Permits will be obtained prior to operations.
• CDPS, Colorado Department of Public Health and Environment Colorado Discharge Permit
• System Permit—Permits will be obtained prior to operations.
• • Well Permit and Substitute Water Supply Plan, Colorado State Engineer's Office — Active
• Well Permit (59809-F) through the State Engineer's Office is in place for the current Greeley
West Pit. A Substitute Water Supply Plan will be obtained through the State Engineer's
• Office.
i • Weld County Road Access Permit — Permit will be obtained prior to transporting material
onto Weld County roads.
Greeley 25'h Avenue Site
• DRAB 112 Permit Amendment Application Page 30
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• EXHIBIT N
• Source of Legal Right to Enter
•
See attached material.
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Greeley 15'"Avenue Sile
• DRMS 112 Permit Amendment Application Page 31
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• 11111111111111111111111III111111111111III11111111111lt
• 2848124 04/2812002 09:23A JA SkiTsukamoto
i2.41 of 8 R 40.00 0 57.50 Weld County CO pp /- z�
• WARRANTY DEED L�,a dS(o
• (�l O
t day of April, 2002, between FLATIRON SAND AND
GRAVEL COMPANY,a Colorado corporation,"Grantor,"whose address is 4770 Baseline Road,Suite 300,
• Boulder, Colorado 80303 and COTTONWOOD LAND AND FARMS, LTD., a Colorado limited partnership.
"Grantee,"whose address is 4770 Baseline Road,Suite 300,Boulder,Colorado 80303.
• WITNESSETH,that Grantor for and in consideration of the sum of FIVE HUNDRED SEVENTY FIVE -V•
• THOUSAND and No/100 DOLLARS($575,000.00)and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
• presents does grant,bargain,sell,convey and confirm,unto Grantee,its successors and assigns forever,all
the real property,together with improvements, if any,situated, lying and being in the County of Boulder,
• and State of Colorado,described as follows:
• See Exhibit A
• TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits
• thereof,and all the estate, right, title, interest,claim and demand whatsoever of Grantor, either in law or
equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
•
TO HAVE AND TO HOLD the said premises above bargained and described with the
• appurtenances, unto Grantee. its successors and assigns forever. And Grantor, for itself, its heirs and
• personal representatives, successors and assigns, does covenant, grant, bargain and agree to and with
/J Grantee,its successors and assigns,that at the time of the ensealing and delivery of these presents.it is well
• M seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of
inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell
• t� and convey the same in manner and form as aforesaid,and that the same is free and clear from all former
Y and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind
• or nature whatsoever, except and subject to those matters referenced on Exhibit B attached hereto and
incorporated by reference herein.
•
Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in
• q, the quiet and peaceable possession of Grantee, its successors and assigns,against all and every person or
persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the
• plural the singular,and the use of any gender shall be applicable to all genders.
• IN WITNESS WHEREOF,Grantor has caused its name to be hereunto subscribed,the day and year
first above written.
• FLATIRON SAND AND GRAVEL COMPANY,
• a Colorado corporation
• By:
Edwin C.McDowell,Jr.,Vice President
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(W0720460 BMP)
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• 2948124 04/28/2002 09:238 JA Sub TsukamoPo
• 2 of 8 p 40,00 0 07E0 Weld County Co
STATE OF COLORADO
so.
• COUNTY OF BOULDER )
• The foregoing Warranty Deed was acknowledged before me this 1 S°day of April,2002,by Edwin
C.McDowell,Jr.as Vice President of FLATIRON SAN ND GRAVEL COMPANY,a Colorado corporation.
• Witness my hand and official seal.
1e ' .
• Notary Public
• My commission expires:
•
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DW0720460 BMP) 2
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� IIIIIIIIII.IIIIIIII1111 LI111IIIIIIIIIIIIIIIIIIIIIit
• 3 of 8 ii 40.00 0 57.60 Weld County CO EXHIBIT A
• LEGAL DESCRIPTION
• Parcel A
i
• A parcel of land being part of Section Thirty-six(36),Township Six North(T.6N.),Range Sixty-six West 4,
(R.66W.)of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado and being more
• particularly described as follows:
• BEGINNING at the West Quarter Corner of said Section 36 and assuming the West line of the Northwest
Quarter (NW114) of said Section 36 as bearing North 00°06'57" East, being a Grid Bearing of the
• Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of
2680.23 feet with all other bearings contained herein relative thereto:
• THENCE North 00°06'57" East along said West line a distance of2104.13 to the TRUE POINT OF
• BEGINNING:
• THENCE continuing North 00°06'57"East along said West line a distance of 70.72 feet to a point 505.38
feet Southerly of as measured at right angles to the North line of the NW 1/4 of said Section 36;THENCE
•
South 89°47'14"East along a line 505.38 feet Southerly of as measured at right angles to the North line of
• said N W I/4 a distance of 1271.30 feet to the West line of the East Half of the Northwest Quarter(E1/2
NW 1/4)of said Section 36;
• THENCE North 00°32'17"West along said West line a distance of 505.42 feet to the West Sixteenth
Corner common to Sections 25/36-T.6N:R.66W.;
• THENCE South 89°47'14"East along the North line of said EI/2 N W 1 t4 a distance of 1265.53 feet to the
North Quarter Corner of said Section 36; •
• THENCE South 01°11'46"East along the East line of said E 1/2 N W1/4 a distance of 657.84 feet to the
Southwest Corner of that parcel of land described as"Parcel II"within that Quit Claim Deed as recorded
• January 19, 1990 in Book 1254 as Reception Number 02203251 of the tcords of the Weld County Clerk
and Recorder(WCCR);
• THENCE North 89°49'16" East along the Southerly line of the aforesaid parcel of land a distance of
72.45 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed as
• recorded October 26,1990 in Book 1280 as Reception Number 02231206 of the records of the WCCR;
THENCE along the Southerly line of the aforesaid parcel of land by following Four(4) courses and
• distances:
THENCE South 55°55'44" East a distance of 150.00 feet to a point hereinafter referred to as Point#1
• (PT#I);
THENCE North 84°04'16"East a distance of 328.00 feet;
• THENCE South 83°55'44" East a distance of 213.00 feet to a Point of Curvature(PC);THENCE along
the Arc of a curve which is concave to the South a distance of 511.41 feet,whose Radius is 750.00 feet,
• whose Delta is 39°04'09",and whose Long Chord bears South 64°23'40"East a distance of 501.56 feet
to the Westerly Right-Of-Way(ROW)line of North 25th Avenue and being the end point of said curve;
• Thence along said Westerly ROW line by the following Eight(8)courses and distances:
THENCE South 09°26'36"West along a line non-tangent to the aforesaid curve a distance of 99.42 feet;
• THENCE South 08°17'16"West a distance of 99.74 feet;
THENCE South 05°05'16"West a distance of 134.96 feet;
• THENCE South 00°25'14"East a distance of 135.96 feet;
• THENCE South 04°45'44" East a distance of 120.45 feet;
THENCE South 06°23'04"East a distance of 346.39 feet;
• THENCE South 07°30'44"East a distance of 377.84 feet;
THENCE South 05°51'14"East a distance of 408.09 feet to the North line of the Northwest Quarter of
• the Southeast Quarter(NW I/4 SEl/4)of said Section 36;
•
• {W0120460 BMPI
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• I1111111111111111111111111111111111 1111111111101
• 4 2946124
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• Parcel A Continued
CO
• THENCE South 89°49'19" West along said North line a distance of 1243.09 feet to the Center Quarter
• Corner of said Section 36;
THENCE South 01°11'46"East along the East line of the Northeast Quarter of the Southwest Quarter
• (NEI/4 S W 1/4)of said Section 36 a distance of 1336.30 feet to the Center-South Sixteenth Corner of said
Section 36; `�
• THENCE South 89°38'58"West along the South line of said NEI/4 SW 1/4 a distance of 1311.41 feet to
the Southwest Sixteenth Corner of said Section 36;
• THENCE North 00°32'10"West along the West line of said NEI/4 SWI/4 a distance of 23.51 feet to a
point One Hundred and Thirty feet(130')Northeasterly of as measured at right angles to the existing
center line of said C&SRR. Said point also being the Northeast Corner of that parcel of land as described
within that Quit Claim Deed as recorded December 24,1934 in Book 971 on Page 96 of the records of the
• WCCR;
THENCE North 73°46'07" West along a line 130'Northeasterly of as measured at right angles to the
• existing center line of said C&SRR,also being the Northeasterly line of the aforesaid Quit Claim Deed a
distance of 1281.35 feet to the Southeast Corner of that parcel of land as described within that Quit Claim
• Deed as recorded February 14, 1980 in Book 895 as Reception Number 1816959 of the records of the
WCCR;
• THENCE North 00°06'57"East along the East line of the aforesaid parcel of land a distance of a distance
of 1174.94 feet;
•
THENCE North 79°25'39" East a distance of 46866 feet;
THENCE North 63°12'08"East a distance of 77.06 feet;
• THENCE North 61°35'09"East a distance of 165.28 feet;
• THENCE North 49°29'07"East a distance of 143.70 feet;
THENCE North 46°26'20"East a distance of 223.54 feet;
• THENCE South 54°24'0I"East a distance of 489.13 feet;
THENCE South 76°56'48"East a distance of 703.56 feet;
• THENCE North 83°01'37"East a distance of 607.93 feet;
THENCE North 04°40'22"East a distance of 1020.62 feet;
• THENCE North 25°44'38"West a distance of 223.62 feet;
THENCE North 06°36'09"East a distance of 415.86 feet to the aforesaid.PT#I;
• THENCE North 78'42'12"West a distance of 174.73 feet;
THENCE South 70°10'37"West a distance of 835.91 feet;
• THENCE South 67°40'48"West a distance of 425.52 feet;
THENCE North 81°15'41"West a distance of 180.00 feet;
• THENCE North 68°07'52"West a distance of 515.65 feet;
THENCE North 56°25'14"West a distance of 394.67 feet;
• THENCE North 67°17'01",West a distance of 268.57 feet;
THENCE North 74°23'26"West a distance of 164.37 feet to the TRUE POINT OF BEGINNING.
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• 2946124 H 44/6/0 D25/SOWeIJA Sold To amoto
• Parcel C
y CO
• All of Grantor's right to the sand,gravel,topsoil and overburden located on,in or under the following real
• property, which rights of Grantor are reserved under that certain Warranty Deed, between Grantor and
Tim Thissen and Marilyn Thissen,recorded April 26, 1991 in Book 1297 as Reception No.2248374 in 6
• the real property records of the Clerk and Recorder of Weld County:
• A parcel of land being part of the Southeast Quarter of the Southwest Quarter(SE 1/4 SWI/4)of Section
Thirty-six (36), Township Six North (T.6N.), Range Sixty-six West (R.66W.) of the Sixth Principal
• Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as
follows:
• BEGINNING at the West Quarter Corner of said Section 36 and assuming the West line of the Northwest
• Quarter (NW l/4) of said Section 36 as bearing North 00°06'57" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92,a distance of
• 2680,23 feet with all other bearings contained herein relative thereto:
• THENCE South 00°05'32"West along the West line of the Northwest Quarter of the Southwest Quarter
• (NW 1/4 SWI/4)of said Section 36 a distance of 1344.00 feet to the South Sixteenth Corner common to
Sections 35/36-T.6N:R.66W.;
• THENCE North 89d38'58"East along the South line of said NWI/4 SWI/4 a distance of 1310.76 feet to
the Southwest Sixteenth Corner of said Section 36, also being the Northwest Corner of said SE 1/4
• SWI/4. Said point being the TRUE POINT OF BEGINNING:
• THENCE North 89°38'58"East along the North line of said SEI/4 SWI/4 a distance of 1006.37 feet to a
point Three Hundred and Five feet(305')Westerly of as measured at right angles to the East line of said
• SE1/4 SWI/4;
• THENCE South 01°11'46"East along a line 305'Westerly of as measured at right angles to the East line
of said SEI/4 SWI/4 a distance of 361.28 feet to the Northerly ROW line of the Colorado and Southern
• Railroad(C&SRR)and being a point Fifty feet(50')Northeasterly of as measured at right angles to the
existing center line of said C&SRR:
• THENCE North 73°46'07" West along said Northeasterly ROW line and being a line 50'Northeasterly
of as measured at right angles to the existing center line of said C&SRR a distance of 1055.40 feet to the
• intersection with the West line of said SEI/4 SW1/4;
THENCE North 00°32'10"West along said West line a distance of 60.05 feet to the TRUE POINT OF
• BEGINNING.
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• 2946124 g044f266112000 p2�82 AW a JA
ounty ukamom
• 6 of CO
EXHIBIT B
• EXCEPTIONS TO TITLE
• I. Rights or claims of parties in possession not shown by the public records.
• 2. Easements,or claims of easements,not shown by the public records. LO
. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a
• correct survey and inspection of the premises would disclose and which are not shown by the
public records.
• 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
. 5. Taxes for 2002,not yet due and payable.
• 6. Any and all unredeemed tax sales,if any.
. 7. Right of way,whether in fee or easement only,for ditch as contained in deed recorded October 8,
• 1887 in Book 66 at Page 499,in which the specific location is not defined.
8. Right of way,whether in fee or easement only,for ditch as contained in deed recorded May 7,
. 1898 in Book 157 at Page 31 I,in which the specific location is not defined.
• 9. Terms,agreements,provisions,conditions,obligations and easements as contained in Agreement
recorded May 27, 1907 in Book 252 st Page 578.
. 10. Terms,agreements,provisions,conditions,obligations and easements as contained in Agreement
. recorded May 14, 1917 in Book 414 at Page 566.
. 11. Right of way, whether in fee or easement only, for undisclosed purposes, as granted to Weld
County by The Larimer and Weld Investment Company, recorded December24, 1934 in
Book 971 at Page 96,affecting the property described therein.
• 12. Right of way,whether in fee or easement only,for undisclosed purposes,granted to Weld County
. Treasurer by Gunard A. and Anna M. Peterson by instrument recorded May 11, 1936 in Book
992 at Page 537,in which the specific location of the easement is not defined.
. 13. Right of way,whether in fee or easement only,for installation,operation,and maintenance of an
• electric power line,granted to The Home Gas and Electric Company by Carl Gunnison and Hilma
Gunnison by instrument recorded October 8, 1943 in Book 1118 at Page 467, in which the
. specific location of the easement is not defined.
14. Right of way,whether in fee or easement only,for a distribution line with necessary poles,guys,
. and anchors,for the transmission of electrical current and appurtenances,as granted to The Home
Gas and Electric Company by Carl Laffler and Hattie Laffler, recorded February 28, 1950 in
. Book 1264 at Page 152,affecting the property described therein.
. 15. Right of way, whether in fee or easement only, for an electric transmission, distribution and
service lines, as granted to Home Light and Power Company by R.W. Murphy, recorded
. April 12,1952 in Book 1329 at Page 206,affecting the property described therein.
. 16. Terms,agreements,provisions,conditions,obligations and easements as contained in Agreement
recorded May 16,1956 in Book 1450 at Page 568.
• 17. Right of way,whether in fee or easement only,for electric transmission,distribution and service
lines,as granted to Home Light and Power Company by School District No.Six in the County of
iwn'l2ot6o BMPI
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• 1111111 11111IinIIIniiiiIUIIIIIIIIIIIIIIIIIII
• 79ot 8 1040 0O0 57.60 Weld County COkamOb
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• Weld and State of Colorado,recorded October 19, 1959 in Book 1542 at Page 551,affecting the
• property described therein.
18. Undivided 100% interest in and to all of the oil, gas. and other minerals as conveyed by deed
•
recorded October 20, 1959 in Book 1543 at Page 18, and any interests therein or rights n
thereunder. AL
• 19. Undivided one-fourth interest in and to all of the oil,gas,and other minerals,as conveyed L V
• by deed recorded January 14, 1964 in Book 503 as Reception No. 1426293, and any
interests therein or rights thereunder.
• 20. Right of way,whether in fee or easement only,for a 4-inch A.C.force main,lift station and 8-
• inch gravity sewer, together with manholes and other appurtenances, as granted to Colony
Improvements Corp. by Flatiron Paving Co. of Boulder, a Colorado corporation, recorded
. February 5, 1971 in Book 640 as Reception No. 1561742. affecting the property described
therein.
• 21. Oil and gas lease between Flatiron Paving Company,a Colorado corporation and H. L. Willett
dated February 8,1979,recorded June 12, 1979 in Book 871 as Reception No.1793397,and any
• interests therein or rights thereunder.
• 22. Oil and gas lease between James G.Milne,Jr.,Mildred E.Milne,Harold H. Short and Elizabeth
H.Short and Nordic Petroleums,Inc.dated November 28, 1983.recorded December 29, 1983 in
. Book 1016 as Reception No. 1951358,and any interests therein or rights thereunder.
. 23. Oil and gas lease between Flatiron Paving Company of Boulder and Nordic Petroleums, Inc.
dated November 28, 1983, recorded December 29, 1983 in Book 1016 as Reception No.
1951359,and any interests therein or rights thereunder.
• 24. Oil and gas lease between Flatiron Paving Company and. Tiger Oil, Inc. dated September 6,
• 1984, recorded September 7, 1984 in Book 1042 as Reception No. 1980833, and any interests
therein or rights thereunder.
25. Right of way,whether in fee or easement only, for a pipeline or pipelines and appurtenances,
. granted to Natural Gas Associates by Flatiron Paving Company and Flatiron Companies;James
G. Milne, Jr. and Harold H. Short by instrument recorded June 2, 1986 in Book 1114 as
. Reception No.2055529,in which the specific location of the easement is not defined.
. 26. Lease,and the teens and conditions thereof, between Flatiron Companies, Lessor(s)and WMI-
Northern, Inc., Lessee(s), recorded May 30, 1989 in Book 1233 as Reception No.2181047,
providing for a term of one year dating from the Commencement Date which is the date of
• execution of the Plant Site Lease,dated May 26, 1989, unless sooner terminated as provided in
the Plant Site Lease. Tenant may renew the Plant Site Lease for consecutive successive periods
• of one year each.
• 27. Lease, and the terms and conditions thereof, between Flatiron Paving Company and Short &
Mime,a partnership, Lessor(s)and Western-Mobile, Inc., Lessee(s), recorded May 30, 1989 in
Book 1233 as Reception No.2181052,providing for a term of 41 years,beginning May 26,1989,
ending May 26,2030 unless sooner terminated.
. 28. Any rights, interest or easements in favor of the riparian owners, the State of Colorado, the
United States of America,or the general Public,which exist,have existed,or are claimed to exist
. in and over the waters and present and past bed and banks of Cache La Poudre River.
. 29. Roads as shown on map of Weld County.
30. Matters of Survey,as shown on ALTA/ACSM Land Title Survey recorded March 16,2000 as
Reception No.2756065.
{W0720460 OMPI
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• 2946124 04/28/2002 09:28A JA Sold Tsulamoto
6 of 8 II 40.00 D 57.50 Weld County CO
• 3L Sand and Gravel Mining Lease between Flatiron Sand and Gravel Company,Double SM Farms,
• LLC and Western Mobile Inc.,dated May 26, 1989 as evidenced by Fourth Amendment to Sand
and Gravel Mining Lease recorded November 8, 2001 as Reception No. 2899269, and any
interests therein or rights thereunder.
• 32. Covenants, conditions, terms, agreements, provisions and obligations as contained in �b
• Augmentation Obligations agreement between Flatiron Sand and Gravel Company,Double SM [L
Farms, LLC and the City of Greeley, as evidenced by Memorandum of Covenant recorded v
• November 8,2001 as Reception No.2899272.
. 33. Option to Purchase part of subject property as granted to the City of Greeley by Flatiron Sand and
Gravel Company and Double SM Farms, as evidenced by Memorandum of Contract recorded
. November 16,2000 as Reception No.2807328 and re-recorded December 1,2000 as Reception
No.2810122 and First Amendment to Memorandum of Contract recorded October 5, 2001 as
Reception No.2889853,providing for an option period of 6 months commencing November 2,
• 2010 and expiring May 2,2011.
. 34. Covenants, Conditions and Restrictions, as contained in Bargain and Sale Deed and Non-
Irrigation Covenant from Flatiron Sand and Gravel Company and Double SM Farms,LLC to the
. City of Greeley,recorded November 8,2001 as Reception No.2.899271,providing substantially
as follows:
• "Grantor and Grantor's successors in interest shall not irrigate or make other uses of water
available under any water rights decreed to the Boyd and Freeman Ditch on the land described as
• follows:
. All of the real property now owned by Flatiron Sand and Gravel Company and Double SM
Farms, LLC located within Section 36, Township 6 North, Range 66 West of the 6th P.M.,
. County of Weld,State of Colorado."
W0720460 aMPI
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• !W5 2664765 01/05/1999 11:41A Mold County CO
1 of 1 6 6.00 D 0.00 JA 6uki Taukamoto
•
QUITCLAIM DEED
I
THIS DEED.made this 31st day of December • 1998 •
•
Oman
Short and Milne, a Colorado general
•
partnership
tithe *County of Boulder and Sine of
• Colorado,pampa,ad
aonhl In SM_ Earma,- a. Calorada general
. —
partnership
• whoseleplddreuis P.O. Box 229, Boulder, CO 80306
. of the Ceumy of Boulder and Sum of Colorado.ganteels),• wmTNE5s.that the grantor(s),for and in couldn't*"of the smnaf Ten Dollars (10.00) and ofher_
• good and valuable consideration
the receipt and sufficiency of which is beteby acknowledged.ha s enticd,released,sold and QUITCLAIMED,and by these
. prams does remise,release.sell and QUITCAIMumo the granted.),its- Mohr sueosomsndaui®tsfom9z,Bli-
the right.tide.imesesl.claim and demand which the cantons)ha S in and to the rind property.together with improvementa if any,
. situate.Ising and being in the Cooly of Weld and State ofCdOrad4
described as follows:
. That part of the Southeast Quarter (SE1/4) of Section
36, Township 6 North, Range 66 West of the 6th P.M.,
. more particularly described as follows: .
. Beginning at the interior quarter corner of said
Section 36, thence South 88°31' East along the
. North line of the SE 1/4 of said Section 36, 1,239
feet to the West right-of-way line of the County Road,
• thence South 01°47' East along said right-of-way, a
distance of 777.3 feet, thence North 89°38' West
. 1,266 feet to a point on the West line of the SE1/4
of said Section 36, thence North along said West line,
. 761.5 feet to the point of beginning, containing acres
more or less.
21.go
• [Grantor, by this Deed, intends to convey, and hereby does
• quitclaim,- his. entire. irht_r title and. interest in the above-
described real property.]
. CORRECTION DEED
also(mown by avec and number ar It/a
assessor's schedule or parcel number.
TO HAVE AND TO HOLD the same.together with all and singular the appurtenances and privileges hareem*belonging or in anywise
. thermion appenainiog and all the estate.tight.)ilia interest and claim whatsoever of'the pantorls),either in law or equity,mine only
proper use benefit and',aloof of the grantee ,its suc4Vygk gnis forever.
. IN WITNESS WHEREOF.the gramot%)has executed this deed on the date set forth above.
Short and Milne, a Colorado
. general ra partnership
/�
11 ,,Y" � . .
IIEdwin C. McDowell, Jr., Ge. creel Manager
5 STATE OF COLORADO
sg
5 County or Boulder
5 by The Edwiforegoinginmmeat u vasadmowkdged before me this 31st day or December • 1998 •
n C. McDowell, Jr. , General Manager of Short and Milne, a
ID
p1x1t'lY9.o,,,general partnership
'"�" .. Witness my had and official seal.
' ' My commtuion=Pim: 8-15-2001
° .. -i pp ✓ c.. i
IDmorose.
,.e..m meas.er».root.u.?tidy m...,..wm,wsu aid a,au.rxc,_ID No.933.Rev.444. QVITt.and DEED amfam Publishing.1743V/us R..Dmwe CO*0202-003)292.2500—n-97 i�;l
•
•
• 7�
•
• QUIT CLAIM DEED
•
THIS DEED,made this `day of Q1:'I ,2005,between COTTONWOOD LAND
&FARMS,LTD.,of the first part,and the COUNTY OF WELD,a political subdivision of the
State of Colorado,whose address is P.O.Box 758,915 10a Street,Greeley,Colorado 80632,of
• the second part.
• WITNESSETH,that the said party of the first part,for and in consideration of good and
. valuable consideration,to the said party of the first part,the receipt whereof is hereby confessed
and acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these
. presents does remise,release,sell,convey and QUIT CLAIM unto the said party of the second
part,its heirs,successors and assigns,forever,all the right,title,interest,claim and demand
. which the said party of the first part has in and to the following described lots or parcels of land
. situate,lying and being in the County of Weld and State of Colorado,to wit:
. A right-of-way to be used by the public and maintained by the County of Weld for the
purpose of conveyance by pedestrians and non-motorized vehicles(allowing,however,police,
emergency,and maintenance motorized vehicles,and mounted police),on and over two parcels;
the first parcel being described in the Property Description attached hereto as Exhibit"A"and
. shown on the plat attached hereto as Exhibit"C,"and the second parcel being described in the
Property Description attached hereto as Exhibits"B"and shown on the plat attached hereto as
. Exhibit"D."
. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances
. and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,
title,interest and claim whatsoever,of the said party of the first part,either in law or equity,to
. the only proper use,benefit and behoof of the said party of the second part,heirs and assigns
. forever.
• IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and
seal the day and year first above written.
COTTONWOOD LAND&, S,
FARMS,LTD.
•
•
By: . '��h -1•290
. Edwin C.McDowell,Jr.,
General Partner
• STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ory, day of APR'L. ,2005,
by Edwin C.McDowell,Jr.,whose title is General Partner,of the COTTONWOOD LAND&
. FARMS,LTD.
, y
=> hand and official seal.
. fare c S I X14040- 4), 4aL -E%L`e.+--CGtin Notary Public
p • '..1splye?nJaission expires: 21- I S^!75
1 111111 11111 11111 11111 1111111 1111 111111 MEIN
3284723 05110/2005 01:18P Weld Coonly,CO
1 of 6 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
•
•
• PROPERTY DESCRIPTION EXHIBIT"A"
•
• A parcel of land located in the West Half of the Northeast Quarter(W 1/2NE1/4)of
Section Thirty-six(36),Township Six North(T.6N.),Range Sixty-Six West(R.66W.),
• Sixth Principal Meridian(6th P.M.),Weld County,Colorado,more particularly described
as follows:
• COMMENCING at the North Quarter Corner of said Section 36 and assuming the West
• Line of the Northeast Quarter(NEI/4)of said Section 36 as bearing South 01°11'45"
• East,being a grid bearing of the Colorado State Plane Coordinate System,North Zone,
North American Datum 1983/92 a distance of 2663.36 feet with all bearings contained
• herein relative thereto.
• THENCE South 01°11'45"East along the West line of the NEI/4 of said Section 36 a
• distance of 657.84 feet to the Southwest Corner of that parcel of land described as"Parcel
II"within that Quit Claim Deed as recorded January 19, 1990 in Book 1254 as Reception
. No.02203251 of the Records of Weld County
THENCE North 89°49'16"East along the Southerly line of the aforesaid parcel of land a
• distance of 72.45 feet to the Northwest Corner of that parcel of land as described within
that Quit Claim Deed as recorded October 26, 1990 in Book 1280 as Reception No.
• 02231206 of the Records of Weld County;
THENCE South 55°55'44"East along the Westerly line of the aforesaid parcel a distance
of 150.00 feet to the Northeast Corner of that parcel of land described within Reception
• No.2899270 of the Records of Weld County;
THENCE South 06°36.10"West along the Easterly line of the aforesaid parcel of land a
• distance of 87.92 feet to the TRUE POINT OF BEGINNING;
THENCE South 78°51'09"East a distance of 19.76 feet to a Point of Curvature;
. THENCE along the arc of a curve concave to the West a distance of 126.38 feet,said
curve has a Radius of 68.00 feet,a Delta of 106°29'22"and is subtended by a Chord
. bearing South 25°36'28"East a distance of 108.96 feet to a Point of Tangency:
THENCE South 27°38'13"West a distance of 71.92 feet
• THENCE South 28°19'23"West a distance of 140.42 feet to the Easterly of that parcel of
land described within Reception No.2899270 of the Records of Weld County;
. THENCE North 06°36'10"East along the Easterly line of the aforesaid parcel of land a
• distance of 291.34 feet to the TRUE POINT OF BEGINNING.
. Said described parcel of land contains a total of 0.329 acre,more or less and is subject to
any existing easements and rights of way of record or as now existing on said described
. parcel of land.
. SURVEYOR'S CERTIFICATE
. I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state
. that this Property Description was prepared under my personal supervision and checking,
and that it is true and core . ,. ! best of my knowledge and belief.„go%cite it,
14015
• Steven A.Lund—on "-�',•'•�; t eyors,Inc.
Colorado Registered Pr
ID Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
(9 0)68 -5011Colorado 80550 I Hill till I'll
(970)686-5011
3284723 05/10/2005 01:18P Weld County,CO
. 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
MA200432ILLEGA4S&CLOSURES\POUDRE TRAIL PARCEL I tVI.7NEI-4.doc Page l ofi
•
.
•
• EXHIBIT"B"
• PROPERTY DESCRIPTION
•
• A parcel of land located in the West Half of the Northeast Quarter(W I/2NE1/4)of
Section Thirty-six(36),Township Six North(T.6N.),Range Sixty-Six West(R.66W.),
• Sixth Principal Meridian(6th P.M.),Weld County,Colorado,more particularly described
as follows:• COMMENCING at the North Quarter Corner of said Section 36 and assuming the West
Line of the Northeast Quarter(NEI/4)of said Section 36 as bearing South 01°11'45"
• East,being a grid bearing of the Colorado State Plane Coordinate System,North Zone,
North American Datum 1983/92 a distance of 2663.36 feet with all bearings contained
• herein relative thereto.
• THENCE South 01°11'45"East along the West line of the NE1/4 of said Section 36 a
distance of 657.84 feet to the Southwest Corner of that parcel of land described as"Parcel
• II"within that Quit Claim Deed as recorded January 19, 1990 in Book 1254 as Reception
No.02203251 of the Records of Weld County
• THENCE North 89°49'16"East along the Southerly line of the aforesaid parcel of land a
distance of 72.45 feet to the Northwest Corner of that parcel of land as described within
that Quit Claim Deed as recorded October 26, 1990 in Book 1280 as Reception No.
• 02231206 of the Records of Weld County;
THENCE South 55°55'44"East along the Westerly line of the aforesaid parcel a distance
• of 150.00 feet to the Northeast Corner of that parcel of land described within Reception
No.2899270 of the Records of Weld County;
• The next Two(2)courses and distances are along the Easterly lines of that parcel
. of land described within Reception No.2899270 of the Records of Weld County:
THENCE South 06°36'10"West a distance of 415.86 feet;
. THENCE South 25°44'37"East a distance of 164.98 feet to the TRUE POINT OF
BEGINNING;
• THENCE North 28°53'01"East a distance of 32.45 feet to a Point of Curvature(PC);
THENCE along the arc of a curve concave to the Southeast a distance of 124.14 feet,said
• curve has a Radius of 325.00 feet,a Delta of 21°53'05"and is subtended by a Chord
bearing North 39°49'33"East a distance of 123.38 feet to a Point of Reverse Curvature
• (PRC); .
THENCE along the arc of a curve concave to the Northwest a distance of 69.68 feet,said
• curve has a Radius of 110.00 feet,a Delta of 36°17'46"and is subtended by a Chord
• bearing North 32°37'13"East a distance of 68.52 feet to a PRC;
THENCE along the arc of a curve concave to the Southeast a distance of 136.96 feet,said
• curve has a Radius of 255.00 feet,a Delta of 30°46'22"and is subtended by a Chord
bearing North 29°51'31"East a distance of 135,32 feet to a Point of Tangency(PT);
• THENCE North 45°14'42"East a distance of 67.11 feet;
THENCE North 48°55'24"East a distance of 129.64 feet to a PC;
. THENCE along the arc of a curve concave to the South a distance of 227.70 feet,said
5
curve has a Radius of 235.00 feet,a Delta of 55°31'01"and is subtended by a Chord
bearing North 76°40'54"East a distance of 218.90 feet to a Point of Compound Curve
• (PCC);
THENCE along the arc of a curve concave to the Southwest a distance of 145.39 feet,
• said curve has a Radius of 400.00 feet,a Delta of 20°49'33"and is subtended by a Chord
bearing South 65°08'49"East a distance of 144.59 feet to a PT;
S THENCE South 54°44'02"East a distance of 240.07 feet to a PC;
THENCE along the arc of a curve concave to the Southwest a distance of 69.84 feet,said
. curve has a Radius of 200.00 feet,a Delta of 20°00'31"and is subtended by a Chord
5
bearing South 44°43'46"East a distance of 69.49 feet to a PT;
THENCE South 34°43'31"East a distance of 18.74 feet to the Westerly Right of Way
. (ROW)line of North 25*Avenue;
THENCE South 08°17'16"West along the Westerly ROW of North 25`h Avenue a
II distance of 38.11 feet;
THENCE North 34°43'31"West a distance of 46.61 feet to a PC; aPOu'eGiS• t
�:--BENA '•P
F
II 111111111111111111111111111111111 1111111111111111111111 ` v: 3ayh
. 3284723 06/1012006 01:18P Weld County,CO c�:}1-'ze{ �—
3 el 6 fl 0.00 D 0.00 Steve Moreno Clerk 8 Recorder ti h{_�
. Q41/4:111%;
tAtt<
Md1000]]tlLEGALS&CLnaURFSNOUnRE TRAIL PARCEL 2 WIdNEIJ.do° Page lor3
•
•
•
• THENCE along the arc of a curve concave to the Southwest a distance of 60.76 feet,said
curve has a Radius of 174,00 feet,a Delta of 20°00'31"and is subtended by a Chord
.
bearing North 44°43'46"West a distance of 60.46 feet to a PT;
. THENCE North 54°44'02"West a distance of 240.07 feet to a PC;
THENCE along the arc of a curve concave to the Southwest a distance of 135.94 feet,
• said curve has a Radius of 374.00 feet,a Delta of 20°49'33"and is subtended by a Chord
bearing North 65°08'49"West a distance of 135.19 feet to a PCC;
• THENCE along the arc of a curve concave to the South a distance of 202.51 feet,said
• curve has a Radius of 209.00 feet,a Delta of 55°31'01"and is subtended by a Chord
bearing South 76°40'54"West a distance of 194.68 feet to a PT;
• THENCE South 48°55'24"West a distance of 128.80 feet;
THENCE South 45°14'42"West a distance of 66.28 feet to a PC;
• THENCE along the arc of a curve concave to the Southeast a distance of 122.99 feet,said
curve has a Radius of 229.00 feet,a Delta of 30°46'22"and is subtended by a Chord
. bearing South 29°51'31"West a distance of 121.52 feet to a PRC;
THENCE along the arc of a curve concave to the Northwest a distance of 86.16 feet,said
. curve has a Radius of[36.00 feet,a Delta of 36°17'46"and is subtended by a Chord
. bearing South 32°37'13"West a distance of 84.72 feet to a PRC;
THENCE along the arc of a curve concave to the Southeast a distance of 114.21 feet,said
curve has a Radius of 299.00 feet,a Delta of 21°53'05"and is subtended by a Chord
bearing South 39°49'33"West a distance of 113.51 feet to a PT;
. THENCE South 28°53'01"West a distance of 50.91 feet to the Easterly line of that
parcel of land described within Reception No.2899270 of the Records of Weld County;
. THENCE North 25°44'37"West along the Easterly line of aforesaid parcel a distance of
31.89 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains a total of 0.751 acre,more or less and is subject to
any existing easements and rights of way of record or as now existing on said described
. parcel of land.
•
• SURVEYOR'S CERTIFICATE
' I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state
• that this Property Description was prepared under my personal supervision and checking,
and that it is true and cone,.--..:.Jest of my knowledge and belief.
•
oo4
. Steven A.Lund—on b Q �,r..) yors,Inc.
Colorado Registered Pro .... '
. Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
. Windsor,Colorado 80550
(970)686-5011
f
. l 111111 I'll'VIII VIII 1111111 1111 111111 III I'll!Ifll IIII
3284723 06/10/2005 01:18P Weld County,CO
.
4 of 6 R 0.00 0 0.00 Steve Moreno Clerk&Recorder
M12000321LLEGALSA CLOSURESWOUORE TRAIL PARCEL 2 WI.2NEli.doc Page 2 oft
•
vT7 PART OF POUDRE RIVER TRAIL SYSTEM EXHIBIT nL"• A SECTION 36RTH6 ST R.66W.
•
•
NORTH QUARTER CORNER
. SECTION 36, T.6N„ R.66W.
FOUND 3 1/4" ALUMINUM CAP
' a ON 06 REBAR, PLS 10855, 1995 PARCEL)]
m POINT OF COMMENCEMENT BOOK 1254,R£C.NO.02103251
DATED JANUARY 19,1990
• in
i° N89'49'16"E
72.45'
• Sss. BOOK 7280,REC.NO.022.31206
• !S%, BOOK
DATED OCTOBER 26,1990
•
�•
• CACHE LA POUDRE RIVER
•
O N
. POINT OF n n 578'51'09"E
8 m 19.76'
• BEGINNING y
L=126.38'
R=68.00'
. 4=106'29'22"
CH=108.96'
• CHB=N25'36'28"W
I
• . I
0 03
03
ri
IP 10
N
SUBJECT PARCEL
0.329 ACRES
ZI
ti
CITY OF GREELEY
. W REC.NO.02899270 1i A'\,
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W C� COTTONWOOD LAND&FARMS,LTG
. O 2V REC.NO.1946124
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III CENTER QUARTER CORNER m
SECTION 36, T.6N., R.66W. "'
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FOUND 3 1/4" ALUMINUM CAP 1 40
ON #6 ROAR, LS 22098. 2000
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0' ZINC SURVEYORS, INC. 140:2004321
k _ 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 1 PROJECT 4
\/�.' CLIENT:P0URO43 1E H COPo✓OCR,NC
PHONE: (970) YORS.C11 FAX: (970) 686-5821 DWG:20043 FM1R
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POUDRE RIVER TRIAL SYSTEM EXHIBIT j1 Dy A PART
R OF TIOF NORT.6AST QUARTER
SE ,• _ FOR L8 -7,_2gTy41,
• EMIR
iii ----__
•
•
pi. oryti�'%a°lila '° °A 100 50 0 100
E 2o yb' I
• WS c s fit)0 A.
p20 O� 1"= 100'
• now Z' '.ti O���titi °� _ UNE TABLE
o=A 0
��o op2e0 ,1�.'ti c, ti°� LINE LENGTH BEARING
• 2 0O p2r o' &'
�9 E 2 s 4 _ LI 72.45 N89'49'16"E
. .... m `p `d�4G• el ti°ry L2 150.00 S5555'44"E
L3 164.98 525'44'37"E
ns'1 °' N28'53'01"E
. rayTii 2h COTTONWOOD LAND —L4 32.45
�e8 &FARMS,LTD L5 67.11 N45'14'42"E
L6 129.64 N4B'55'24"E
. REC.NO.2946124
o L7 •18.11 534'43'31"E
50817'16"W
� o L8 38.11
• era.. L9 46.61 N34'43'31"W
g oo 110 128.80 548'55'24"W ,
IIIo G °� L17 66.28 54514'42'W
�'7u 112 50.91 528'53'01'W
S _113 31.89 N25'44'37'1'1
gi3O
. p CURVE TABLE
.7 CURVE LENGTH RADIUS DELTA CHORD CH BEARING
. •O+ C1 124,14' 325.00' 21'53'05" 123.38' N39'49'33"E
a C2 69.68' 110.00' 3617'46" 68.52' N32'37'13"E
• C3 138.96' 255.00' 30'46'22" 135.32' N29'51'31"E
Y C4 227.70' 235.00' 55'31'01" 218.90' _ N76'40'54"E
{y CS 145.39' 400.00' 20'49'33" 144.59' 565'08'49"E
VC6 69.84' 200.00' 20'00'31" 69.49' 544'43'46"E
C7 60.76' 174.00' 20'00'31" 60.46' N44'43'46'W
ID e
GJ C8 135.94' 374.00' 20'49'33" 135.19' N65'08'49'W
. C9 202.51' 209.00' 55'31'01" 194.68' 576'40'54"W
C10 122.99' 229.00' 30'46'22" 121.52' 529'51'31"W
C11 86.16' 136.00' 36'17'46" 84.72' 532'37'13'W
Ill SUBJECT PARCEL C12 114.21' 299.00' 21'53'05" 113.51' 539'49'33"W
0.751 ACRES ''�O' "2'
ID (S �y
EXISTING
C', CHAINLINK
. FENCE COTTONWOOD LAND
(3, &FARMS,LTD
REC.NO.2946124
lip g
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. COTTONWOOD LAND&FARMS,LTD REC.NO.2946124
.iIDja m� <� <2?
ee z `y 506'36'10'W 2\ X15
•
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4'4 415.86' -_ 0 \\N
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Ill
Y ti POINTOF
O o CITY OF GREELEY BEGINNING
o
. m REC.NO.02899270
. 657.84' _ _ S0_ -
1'11'45"E (BASIS OF BEARING) 2663.36'
5 NORTH QUARTER CORNER CENTER QUARTER CORNER
SECTION 36, T.6N., R.66W. SECTION 36, T.6N., R.66W.
FOUND 3 1/4" ALUMINUM CAP FOUND 3 1/4" ALUMINUM CAP
il ON /16 REBAR, PLS 10655. 1995 ON A6 REBAR, LS 22098, 2000
POINT OF COMMENCEMENT
/CNC Si/I?VEYORS, INC. PROJECT NO:2004321
. ilk 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 11-15-04
�,� CLIENT: Rhflt OWL COR1D3K PK
ID PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2004304321EXH
WWW.KINGSURVEYORS.COM DRAWN:CSK CHECKED:SAL
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•
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•
• EXHIBIT A . .
• QUIT CLAIM DEED FROM
FLATIRON PAVING COYPF>Si OF BOULDER
• TO THE CITY OF GREELEY, COLORADO
• A tract of land located in the West Ralf of the west
• Half (W/ Wk) of Section 36, Township 6 North, Range 66 West of
the 6th P.M., Weld County- Colorado, being more particularly
• described as follows:
• Beginning at the intersection of the West line of said
Section 36 and the centerline of Colorado and Southern Railway as
presently constructed and considering the West line of said Section
• 36 as bearing North 00°00.00" East and all other bearings contained
herein relative thereto (said point bearing South 00°00'00" West
•
1066.30 feet, more or less, from the West Quarter Corner (W} Cor)
of _ id Section 36) ;
• Thence North 00°00'60" East 52.04 feet along said West
• line of Section 36 to a point on the North Right-of-Way line of
the Colorado and Southern Railway;
• Thence South 73°53'29' East 31.23 feet to the intersec-
• tion of the East Right-cf-Way line of 35th Avenue and the North
Right-of-Way line of the Colorado and Southern Railway to the
• True Point of Beginning;
• Thence North 00°00'00" East along the East Right-of-Way
line of 35th Avenue, 3012.62 feet, more or :Less, to a point on the
• South bank of the Cache La Poudre River;
• Thence North 90°00'00" East, 65.,10 feet;
Thence South 00°57'28" West, 897. 27 feet;
Thence South 00000'00" West, 2,129.92 feet to a point
• on the North Right-of-Way line of the Colorado and
Southern Railway;
•
Thence North 73°53'29" West, 52.04 feet to a p0th'- on
• the East Right-of-Way line of 35th Avenue and the True Point of
Beginning.
Said described parcel of land contains 3.601 acres. more
• or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said de-
• scribed parcel of land.
•
S •
•
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•
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•
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• s iti _ _ _
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• sb_. .
• - P","llemada fp �ppC odod .pQ.M.. ...� 1 4 Weld Canty. t obmdo
tteeemetb Bath °ar ;;. .
• ot I .,G
Quit Claim ' et.
• afl.THIS "saamaaaGRANTE siemokkoeelenkytaNEObarG°AMUe vs pc e1yJa�
• p away and bdoas GRANTEE dflaw insist U.GRANTOR may has it theme'papery described .
below.
t The GRANTOR hereby eede end W eira it d to ate s GRANTEE the l poorly helm het with al its
• epp.ta"`
• -- at t.== anCe—ter . t¢�e =mot '==s�semz+ . aria 0,•
Gasses an d le pe.aoey.Ins awaeaSpey Ye Sn Wit bin wear llama**M*Or°eaksae
• /asewaeaeeseDaresn Wfl Dr ttalaaeesarisoaMemarrb�.e te a mte" a�
a d ea-+miler'or 521,1tar/hole aSid bee.a Tar el CeO n eleµ'
a seer
• The biasing idari on ankles eta Oared
a OaNaOl Gum twat.Ame.w.k Pint aame
• o Flatiron Paving Company of Boulder
2344 Spruce
o.
• .. Boulder, Colorado :_
• Qana.Nast NYa.nl
City of Greeley. Colorado,
a Colorado municipal corporation
• __ Feel Of COOaeSED!
• La
a+.
aO9,,snare
• See Exhibit A attached hereto and
incorporated herein
•
•
• L
Ill
FORMOW
• myalOrAISOadll.toter a e_men re••
• 11.4 Ate PAP= CO OF N?L^wv_o
B yo i ft•
es n Garin
• ecre ry Groan
\RI. is atiaatalede bail s en a, - and c..:.(.7.+y.1!de;
' - .- as President of Flatiron Paving Company of Boulder
w peaOcc cee a el/e 15.IV /_.i..-7i .,x• 6ettA r z ,
• erarc ft [; 1 N Nen Pak
II3' vsa�aalsdtd blare=the-CS-•+C dg d r...'r..:.e
. :1i - 4 mn, as Secretary of Flatiron PavitYg Company of Boulder
_ aidSad ST. .c'<'c'z,.-,� � CGCKet-
• =`s+ . 34SX; c- fans Taruu Aria MUD
Tdtary- PnbTc
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III �'•.c Oo 0..../.
• ROAMos tsnCOLORADO area
• s
•
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• O
• . 111111111111111111111111111111111111111 III 1111111111111
• 2899270 11108/2001 03:2P JA 8818 Teukemolo
• 1 of 8 R 40.00 0 1.00 Weld County CO
270 SPECIAL WARRANTY DEED
•
• ` �lY This Special Warranty Deed is made this 7th day of November,
• 0� 2001, by and between Flatiron Sand and Gravel Company, a Colorado
Corporation (`GRANTOR") , and the City of Greeley, acting by and
through its Water Enterprise, whose address is c/o Greeley Water
• and Sewer Department, 1100 10th Street, Greeley, Colorado 80631
• ("GRANTEE") .
GRANTOR, for and in consideration of the sum of TEN DOLLARS
• and other good and valuable consideration paid by the GRANTEE to
• the GRANTOR, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by
• this Deed does grant, bargain, sell, and convey to the GRANTEE,
its successors and assigns forever, the real property described
• on Exhibit A attached hereto and incorporated herein by this
reference, located in Weld County, Colorado ("Property") ,
• together with all appurtenances.
• GRANTOR warrants and will forever defend the title to the
Property against all persons claiming by, through or under
. GRANTOR, except with respect to those encumbrances identified on
Exhibit B attached hereto and incorporated herein by this
• reference.
0 FLATIRON SAND AND GRAVEL
. COMPANY, A COLORADO CORPORATION
•
By: -gar+.... C /'G ---"�vim'(`
• Name: �WM 2 Mc'��JotaVVt A Tr•,
Title: \/tct.— r r.s Ath1"
•
S
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•
•
•
•
•
•
•
• 2899270 11108,2001 03:25P JA Sold Taukamoto
• 2 of B N 10.00 0 1.00 Weld County CO
STATE OF COLORADO )
9 )ss.
/,COUNTY OF ‘,yl),ry )
The foregoing instrument was acknowledged before me this
• day of iihdpeAE.P. 2001, by`Cs,,•n C. flC rt.p// T as
. i1 er'• PFP6ii1Nry .7` of Flatiron Sand and Gfavel Company, a
olorado Corporation.
. Witness my hand and seal.
• My commission expires; 4/—/? Gf2 o _
••
Notary Publ.
SpBY.Fpb.'1•.
. ,... .......,.r�'��
. f OONNAJ. Yl
` RAY
tin• �>
•
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•
•
•
•
• 1111111111111111111IIII(till IIII1111111III IIIII MI Jill
• 2889270 11/08/2001 03:25P JA Sail Teukamoto
3 of 8 R 40.00 0 1.00 Weld County C0
•
•
EXHIBIT A:
• LEGAL DESCRIPTION
•
A parcel of land being part of the N1/2 and part of the NW1/4 of the
• SW1/4, all in Section 36, Township 6 North, Range 66 West of the 6th
P.M., County of Weld, State of Colorado and being more particularly
described as follows:
•
Beginning at the West Quarter corner of.said Section 36 and assuming the
•
West line of the NW1/4 of said Section 36 as bearing North 00 degrees 06
minutes 57 seconds East, being a Grid Hearing (State Plane - Colorado
North Zone), as determined by a GPS Obbservation, a distance of 2680.23
feet with all other bearings contained herein relative thereto:.
0 Thence North 00 degrees 06 minutes 57 seconds East along said West line a
distance of 2104.13 feet;
.
Thence South 74 degrees 23 minutes 26 seconds East a distance of 164.37
feet;
• Thence South 67 degrees 17 minutes 01 seconds East a distance of 268.57
feet;
• Thence South 56 degrees 25 minutes 14 seconds East a distance of 394.67
feet;
. Thence South 68 degrees 07 minutes 52 seconds Bast a distance of 515.65
feet;
Thence South 81 degrees 15 minutes 41 secondsEast a distance of 180.00 •
feet;
Thence North 67 degrees 40 minutes 48 seconds East a distance of 425.52
feet;
Thence North 70 degrees 10 minutes 37 seconds East a distance of 835.91
feet;
Thence South 78 degrees 42 minutes 12 seconds East a distance of 174.73
feet;
Thence South 06 degrees 36 minutes 09 seconds West a distance of 415.86
feet;
. Thence South 25 degrees 44 minutes 38 seconds East a distance of 223.62
feet;
thence South 04 degrees 40 minutes 22 seconds West a distance of1020.62
feet;
. thence South 83 degrees 01 minutes 37 seconds West a. distance of 687.93
feet;
Thence North 76 degrees 56 minutes 48 seconds West a distance of 703.56
feet;
Thence North 54 degrees 24 minutes 01 seconds West a distance of 469..13.
feet;
Thence South 46 degrees 26 minutes 20 seconds West a distance of 223.54
feet;
thence South 49 degrees 29 minutes 07 seconds West a distance of143.70
feet;
ID
S
p
t
p
•
•
•
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•
• 2899270 11/08/2001 03:25P JA Sold Tsilwmoto RECORDER'S MEMORANDUM
4 of 8 R 40.00 D 1.00 Weld County CO THIS •
TDOCUMENT WAS FOUND
_
• _ ,_ TO BE INADEQUATE FQR
SCANNING PURPOSES.
•
EXHIBIT A - Continued
• LEGAL DESCRIPTION
•
• Thence South 61 degrees 35 minutes 09 seconds West a distance of 165.28-
feet;
• Thence South 63 degrees 12 minutes 08 seconds West a distance of 77.06
feet;
. Thence South 79 degrees 25 minutes 39 seconds West a distance of 468.66 .
feet to a point on the Easterly line of that parcel of land as described
. within that Quit Claim Deed as recorded February 14, 1980 in Book 895 as
Reception No. 1816959;
Thence along the Easterly, Northerly, and Westerly line of the aforesaid
• - parcel of land by the following five courses and distances;
Thence North 00 degrees 06 minutes 57 seconds East a distance of 871.15
feet;
. ------- ---- ---thence North'OI--degrees-04 minutes e5 seconds East-a-dletanC€of ey;.2;�"'---
. feet;
Thence North 89 degrees 53 minutes 03 seconds West a distance of 65.00
. feet to the Easterly ROW line of North 35th Avenue; .
Thence along said Easterly ROW line by the following two courses and
distances;
• Thence South 00 degrees 06 minutes 57 seconds West a distance of 1988.93
feet;
. Thence South 00 degrees 00 minutes 03. seconds West.a distance of 940.41
feet, to a point 130 feet Northerly of as measured at right"angle@ to the
. existing center line of the Colorado-and Southern Railroad (C&SRR).-Also-
being the Northeasterly line of that parcel of land as described within
that Quit Claim Deed as recorded December 24, 1934 in Book 971 at Page
. 96;
Thence North 73 degrees 46 minutes 07 seconds West along'a line 130 feet
. Northeasterly of as measured at right angles to the existing center line
-of the C&SRR, also being the Northeasterly line of the aforesaid parcel
. of land a distance of 32.79 feet to the West line of the NW1/4SW1/4 of
said Section 36;
. Thence North 00 degrees 05 minutes 32 seconds East along said Westerly
line a distance of 931.15 feet to the Point of Beginning.
Name and address of person creating newly created legal •
. description (38-35-106.5, C.R.S.)
King Surveyors, Inc.
9299 Eastman Park Dr.
Windsor, CO 80550
O
O
•
•
•
•
•
•
•
• 12
898Ytt 1
1111.11111
0 ol 8 p 40.00 DIM Mid CountyC0�mOto
•
• EXHIBIT B
. EXCEPTIONS
•
• 7. Right of way, whether in fee or easement only, for ditch as
contained in deed recorded October 8, 1887 in Book 66 at Page 499,
in which the specific location is not defined.
• 8. Right of way, whether in fee or easement only, for ditch as
• contained in deed recorded May 7, 1898 in Book 157 at Page 311, in
which the specific location is not defined.
• (Affects NE1/4)
• - 9. Terms, agreements, provisions, conditions, obligations and -
easements as contained in Agreement recorded May 27, 1907 in Book
• 252 st Page 578.
10. Right of way, whether in fee or easement only, for undisclosed
• purposes, granted to Weld County Treasurer by Gunard A. and Anna
M. Peterson by instrument recorded May 11, 1936 in Book 992 at
Page 537, in which the specific location of the easement is not
defined.
. (Affects NW1/4NE1/4)
. 11. Right of way, whether in fee or easement only, for a distribution.
line with necessary poles, guys, and anchors, for the transmission
of electrical current and appurtenaces, as granted to The Home Gas
• and Electric Company by Carl Leffler and Hattie Laffler, recorded
February 28, 1950 in Book 1264 at Page 152, affecting the
• following described property:
. As more particularly described in said instrument.
(Affects NW1/4)
. 12. Right of way, whether in fee or easement only, for an electric
transmission, distribution and service lines, as granted to Home
• Light and Power Company by R. W. Murphy, recorded April 12, 1952
in Book 1329 at Page 206, affecting the following described
. property:
. As more particularly described in said instrument.
(Affects W1/2)
. 13. Terms, agreements, provisions, conditions, obligations and
easements as contained in Agreement recorded May 16, 1956 in Book
• 1450 at Page 568.
•
•
•
•
•
•
•
•
•
•
•
•
• 1 11111111111111111 111111111 1111111 11111111 1111 1111
• ug828 Nl O1';03:2& JA0 Weld sold CO amoto
•
. EXHIBIT B - Continued
• EXCEPTIONS
• 14. Right of way, whether in fee or easement only, for electric
transmission, distribution and service lines, as granted to Home
• Light and Power Company by School District No. Six in the County
of Weld and State of Colorado, recorded October 19, 1959 in Book
• 1542 at Page 551, affecting the following described property:
• �i As more particularly described in said instrument.
(Affects W1/4NE1/4)
• 15. Undivided 100% interest in and to all of the oil, gas, and other
minerals as conveyed by deed recorded October 20, 1959 in Book
• 1543 at Page 18, and any interests therein or rights thereunder.
• NOTE: Mineral Deed recorded December 28, 1959 in Book 1547 at
Page 430.
• (Affects W1/2NE1/4)
• 16. Undivided one-fourth interest in and to all of the oil, gas, and
other minerals, as conveyed by,deed recorded January 14, 1964 in
Book 503 as Reception No. 1426293, and any interests therein or
rights thereunder. .
• (Affects W1/2NE1/4)
•
•
•
•
18. Oil and gas lease between Flatiron Paving Company, a Colorado
corporation and H. L. Willett dated February 8, 1979, recorded
June 12, 1979 in Book 871 as Reception No. 1793397, and any
• interests therein or rights thereunder.
. Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Bellwether
• Exploration Company, recorded Apri]. 11, 1984 in Book
1026 as Reception No. 1962653.
• 19. Oil and gas lease between James G. Milne, Jr., Mildred E. Milne,
Harold H. Short and Elizabeth H. Short and Nordic Petroleums, Inc.
. dated November 28, 1983, recorded December 29, 1983 in Book 1016
as Reception No. 1951358, and any interests therein or rights
• thereunder.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
• I 111111111111111111111111 1111111011111111111111111
• 788928 R W 11.00 We1dJCounty CO immsto
• of
• EXHIBIT B - Continued
• EXCEPTIONS
• Note: Extension of the above lease as claimed by Affidavit of
• Production, pursuant to CRS 38-42-106, by Sunshine .
Valley Petroleum Corporation, recorded June 4, 1986 in
• Book 1115 as Reception No. 2055916.
Note: Extension of the above lease as claimed by Affidavit of.
• Production, pursuant to CRS 38-42-106, by Mazuma Turnkey '
Contractors, Inc.; recorded November 23, 1987 in Book
•
I 1177 as Reception No. 2122248.
• 20. Oil and gas lease between Flatiron Paving Company of Boulder and
Nordic Petroleums, iNc. dated November 28, 1983, recorded December
• 29, 1983 in Book 1016 as Reception No. 1951359, and any interests
therein or rights thereunder.
• Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Sunshine
•
Valley Petroleum Corporation, recorded June 4,-1986 in
Book 1115 as Reception No. 2055916.
•
•
•
• 22. Lease, and the terms and conditions thereof, between Flatiron
• Companies, Lessor(s) and WMI-Northern, Inc. , Lessee(s), recorded
May 30, 1989 in Book 1233 as Reception No. 2181047, providing for
• a term of one year dating from the Commencement Date which is the
date of execution of the Plant Site Lease, dated May 26, 1989,
• unless sooner terminated as provided in the Plant Site Lease.
Tenant may renew the Plant Site Lease for consecutive successive
periods of one year each.
• 23. Lease, and the terms and conditions thereof, between Flatiron
• Paving Company and Short & Milne, a partnership, Lessor(s) and
Western-Mobile, Inc., Lessee(s), recorded May 30, 1989 in Book
• 1233 as Reception No. 2181052, providing for a term of 41 years,
beginning. May 26, 1989, ending May 26, 2030 unless sooner
• terminated.
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•
• - • 1 11110 11111 1111111 1111 11111 MI 1111111 III IIIII Iiii IIII
• 2899270 11108/2001 08.26P JA 88k1 Taukamolo
8 of B R10.00 0 1.00 Weld Souery CO
•
• DIgn 8 - Continued
• EXCEPTIONS
• 25. Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, the United States of America, or the
• general Public, which exist, have existed, or are claimed to exist
in and over the waters and present and past bed and banks of Cache
• La Poudre River.
26. Roads as shown on map of Weld County.
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• EXHIBIT 0
• Owner(s) of Record of Affected Land (Surface Area) and Owner(s) of
• Substance to be Mined
•
• Also see Exhibit C-1, General Site Layout with Surface Owners of Record.
• - Cottonwood Land and Farms, LLC
• - Double SM Farms
- City of Greeley
•
• Parcels of the proposed amendment area are currently being considered for purchase by the City
• of Greeley.
•
Greeley 25"Avenue Site
DRMS 112 Permit Amendment Application Page 32
•
•
•
•
• EXHIBIT P
• Municipalities within Two Miles
• City of Greeley
1000 10th Street
•
Greeley, Colorado 80631
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•
Greeter 25r°Avenue Site
. DRMS 112 Permit Amendment Application Page 33
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EXHIBIT Q
• Proof of Mailing Notices to County Commissioners and
• Soil Conservation District
•
• See attached.
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0 Greeley 25"'i Avenue Site
• DRMS 112 Permit Amendment Application Page 34
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• BLUE EARTH
• LETTER OF TRANSMITTAL
•
• DATE: February 15, 2012
• TO: Weld County Board of County Commissioners
• 1150 O Street
• Greeley, CO 80632
• FROM: Bill Schenderlein
• Blue Earth
• P.O. Box 973
Fort Collins, Colorado 80522
• (970) 227-2803
•
• WE TRANSMIT: THE FOLLOWING: FOR YOUR:
•• Attached ElOriginals ■ Use
• ❑ Information Below ■ Copy of Letter ❑ Approval
• ❑ Applications ❑ Information
•
• ❑ Specifications El Review & Comment
• O Other
Remarks:
• The enclosed material is provided to fulfill the requirements of the attached Colorado Mined
• Land Reclamation Permit application.
• One (1) copy of DRMS submittal form and DBMS 112 Application including
• Exhibits A and B.
•
•
•
• Signed: Diu 1dt f �.
P.O.Box 973,Fort Collins,Colorado 80522
• NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
• FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
•
•
• NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
• Weld COUNTY
• City of Greeley (the "Applicant/Operator") has applied for a Regular (112) reclamation permit
• from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction
• materials operations in Weld County. The attached information is being provided to notify
you of the location and nature of the proposed operation. The entire application is on file with the Division of
Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder.
• The applicant/operator proposes to reclaim the affected land to developed water storage use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners
before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the
• proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this
• application, you must submit written comments on the application within twenty (20) days of the date of last
publication of notice pursuant to Section 34-32-112 (10), C.R.S.
• If you would like to discuss the proposed post-mining land use, or any other issue regarding this application,
. please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver,
Colorado 80203, (303) 866-3567.
•
• NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is
• a notice of change to a previously filed application you must either attach a copy of the changes, or attach a
complete and accurate description of the change.
•
•
•
• BLUE EARTH 40
•
• LETTER OF TRANSMITTAL
•
• DATE: February 15, 2012
• TO: West Greeley Conservation District
• 4302 W. 91h Street Road
• Greeley, Colorado 80634
•
• FROM: Bill Schenderlein
• Blue Earth
P.O. Box 973
• Fort Collins, Colorado 80522
• (970) 227-2803
•
• WE TRANSMIT: THE FOLLOWING: FOR YOUR:
• � Attached ❑ Originals ■ Use
•
• El Information Below ■ Copy of Letter ❑ Approval
• ❑ Applications ❑ Information
• ElSpecifications ElReview & Comment
• ❑ Other
•
• Remarks:
• The enclosed material is provided to fulfill the requirements of the attached Colorado Mined
Land Reclamation Permit application.
•
• • One(1) copy of DRMS submittal form and DRMS 112 Application including
Exhibits A and B
•
•
•
•
• � J
Signed:
•
•
•
•
•
NOTICE OF FILING APPLICATION
• FOR COLORADO MINED LAND RECLAMATION PERMIT
• FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
•
• NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
• WEST GREELEY CONSERVATION DISTRICT
•
• City of Greeley (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the
• Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials
• operations in Weld County. The attached information is being provided to notify you of the
location and nature of the proposed operation. The entire application is on file with the Division of
Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder.
• The applicant/operator proposes to reclaim the affected land to developed water storage use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before
• approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the
. proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this
• application, you must submit written comments on the application within twenty (20) days of the date of last
publication of notice pursuant to Section 34-32-112 (10), C.R.S.
•
. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application,
• please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver,
Colorado 80203, (303) 866-3567.
•
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is
. a notice of change to a previously filed application you must either attach a copy of the changes, or attach a
complete and accurate description of the change.
•
S
•
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•
• EXHIBIT R
• Proof of Filing with County Clerk or Recorder
•
• See attached.
•
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•
Greeley 25th Avenue Site
DRMS 112 Permit Amendment Application Page 35
•
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•
•
•
BLUE EARTH -
• LETTER OF TRANSMITTAL
•
• DATE: February 15, 2012
• TO: Weld County Clerk to the Board
• 1150 O Street
• Greeley, Colorado 80632
• FROM: Bill Schenderlein
Blue Earth
• P.O. Box 973
Fort Collins, Colorado 80522
(970) 227-2803
•
• WE TRANSMIT: THE FOLLOWING: FOR YOUR:
•
• �^ Attached n Originals ■ Use
• 1 I Information Below ■ Copy of Letter ❑ Approval
• n Applications ❑ Information
nSpecifications ❑ Review &Comment
• n Other
• Remarks:
•
• Submission of this material satisfies requirements of the Mine Land Reclamation Board
• Regular 112 Operation Reclamation Permit Application. The enclosed application material
must remain for public review at least sixty (60) days after a decision on said application has
• been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials
• were purposely excluded.
• • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation
Permit Amendment Application—25th Avenue Site—City of Greeley.
. Signed: t' •
•
•
•
•
• EXHIBIT S
• Permanent Man-Made Structures within 200 Feet of the Affected Land
•
• The City of Greeley believes that the mining operation, as proposed, will not adversely affect
• any of the permanent, man-made structures located within 200 feet of the affected area. No
mining highwalls will be created and all excavations and slopes on the site will remain stable.
• Since all mining and reclamation activities will be performed within the permit boundary, no
• impacts to man-made structures outside the permit boundary are anticipated.
• A list of observed and recorded man-made structures within 200 feet of the proposed permit
• boundary, organized by land parcel where the structure was observed, is provided below.
•
• Property Owner Parcel Number Man-made Structures within
200 feet of Affected Land
• Assoc.Natural Gas Inc.
• 3026 4th Ave. Easement Buried natural gas lines
Greeley, CO 80631 -
• Joanna M. Autobee —
80525000050
• 2730 O St. 80536100001 None
Greeley, CO 80631
• Gladys M. Brown
• C/O Bonnie Brown Mobile home, privacy fence, chain
914 Wilkinson Ave. 80536004003 link fence, and associated
• Reno,NV 89502 outbuildings
• Bucklen Equipment Company Commercial building and associated
• 804 N 25`h Ave. 80536400097 outbuildings, three-strand wire
Greeley, CO 80631 fence, signage
• Colony Improvement Corp.
• 1517 N 25th Ave. 80536100012 Chain link fence
Greeley, CO 80631
Cottonwood Land&Farms LLC Gas well and associated tanks and
• C/O Lafarge 80536100018 infrastructure, four-strand wire
10170 Church Ranch Way,No. 200 fence, concrete pad, concrete
• Westminster,CO 80021-6060 bridge,garbage can
• Abstar R. Diengdoh 80536004006 Mobile home,privacy fence, chain
322 N 21s Ave. Ct.• 80536004007 link fence,and associated
Greeley, CO 80634 _outbuildings
• Jerry G. Dill
• 3108 O St. 80525000027 None
Greeley, CO 80631
• F Street Property LLC
1639 35th Ave. Ct. 80536000053 Commercial buildings, chain link III
Greeley,CO 80634 _fence
• Flatiron Companies Commercial building,power poles,
• PO Box 229 80536100065
Boulder, CO 80306 iron gate
•
0 Greeley 25;Avenue Site
• DRMS 112 Permit Amendment Application Page 36
0
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•
• Property Owner Parcel Number Man-made Structures within
200 feet of Affected Land
• Flatiron Sand&Gravel Co.
• C/O Lafarge 10170 80525000028 None
10170 Church Ranch Way,No.200
• Westminster, CO 80021 _
• Frank Gonzales Mobile home,privacy fence, chain
• 731 N 28'"Ave. 80536004002 link fence,and associated
Greeley, CO 80631 _outbuildings
• Great Western Railroad of Colorado
• 950 Taylor Ave. Easement Railroad track
Greeley, Co 80631
• City of Greeley Poudre Trail, fence posts, chain link
• C/O Greeley Water& Sewer Dept. 80536000061 fence,pavilions, picnic tables,
1100 10th St. garbage cans, signage,pump
Greeley, CO 80631 station,portable bathroom
• City of Greeley
1000 10th St. 80536000048 Concrete bridges, power poles, two-
Greeley, CO 80631 80536000050 strand fence, guardrail, signage,
• Greeley Land Fund LLC
102 S Tejon,No. 700 80525000051 None
• Colorado Springs, CO 80903 _
• Joe Anthony Gutierrez
•
1405 N 25th Ave. Ct. 80536102014 Houses and associated outbuildings,
Greeley,CO 80631 80536102028 fences
• Pedro P. Gutierrez
1400 N 25'h Ave. Ct. 80536103012 Houses and associated outbuildings,
Greeley, CO 80631 fences
Peter B. Gutierrez 80536102011
2511 M St. 80536102012 Houses and associated outbuildings,
Greeley, CO 80631 80536102013 fences
Hiner Construction Co. Inc.
• 11 Austin Rd. 80536100008 None
• Lamar,CO 81052 _
Donald D.Kinzer 80536004004 Mobile home,privacy fence, chain
• 719 N 28th Ave. 80536004005 link fence,and associated
• Greeley,CO 80631 outbuildings
Lafarge Corporation
• Attn. Real Property Tax manager 80535000066
• 10170 Church Ranch Way,No. 200 80536100015 Entrance road, chain link fence
Westminster,CO 80021
• Martin Marrieta Materials Inc
• 2710 Wycliff Rd. 80535000078 Chain link fence, office trailer
Raleigh,NC 27607
• Xcel Energy
• 1500 6th Ave. Easement Overhead and buried transmission
Greeley, CO 80632 lines
Ill
• Greeley 25'h Avenue Site
5 DBMS 112 Permit Amendment Application Page 37
• Property Owner Parcel Number Man-made Structures within
200 feet of Affected Land
• Maria G.Martinez
•
1403 N 26i°Ave. 80536101010 Houses and associated outbuildings,
Greeley, CO 80631 fences
• Jose Mendoza
•
325 23r°Ave. Ct. 80536101011 Houses and associated outbuildings,
• Greeley, CO 80631 fences
Candelario Nevarez
• 3501 W F St. 80535000013 Fences
• Greeley, CO 80634
Donald L. New Trust
• 1630 N 35th Ave. 80525000059 Four-strand wire fence,bridge over
• Greeley, CO 80631 80536000039 river, iron gate
Laura A. Oldfield
• 629 N 30th Ave. 80536008028 Privacy fence, outbuildings
• Greeley, CO 80631
Rex Ortgiesen Mobile home,privacy fence, chain
• 127 N 48th Ave. 80536004001 link fence,and associated
• Greeley, CO 80634 _outbuildings
• Ana Marie Prieto
715 N 25th Ave. 80536000059 House, garage and associated
• Greeley, CO 80631 outbuildings,privacy fence
• Romia C. Pritchett II
625 N 30th Ave. 80536008027 Privacy fence, outbuildings
• Greeley, CO 80631 —
• River View Homeowners Assn.
C/O Evelyn Gatsiopulos
•
1617 N 35th Ave. Ct. 80535000059 None
• Greeley, COL 80631
Juana Rodriguez
• 1405 N 26th Ave. 80536101009 Houses and associated outbuildings,
• Greeley,CO 80631 fences
T&T Concrete Inc.
• PO Box 14 80536300062 None
• Gill,CO 80624
• Thissen III LLC 80536309001 Commercial buildings and
2900 F St. 80536309002 associated outbuildings,wood
Greeley, CO 80631 80536409003 fence, iron gate,
• Marilyn Thissen
2701 F St. 80536400066 House, garage and associated
• 270 80536400067 outbuildings, fence, light poles
• Greeley, CO 80631
• Weld County 80535000061
915 10th St. 80536100016 Poudre Trail,chain link fence,
• Greeley, CO 80631 80536100017 signage, three-strand wire fence
Ill
80536100064
ID
0 Greeley 25'"Avenue Site
• DRMS 112 Permit Amendment Application Page 38
0
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ADDENDUM 1
• Notice Requirements
•
•
• See attached certification.
•
•
•
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•
Greeley 25"Avenue Site
. DRMS 111 Permit Amendment Application Page 39
•
•
•
•
• NOTICE
•
•
• This site is the location of a proposed construction materials operation known as 25th Avenue Site.
• City of Greeley,whose address and phone number is 1100 10th Street,Suite 300,Greeley,Colorado
• 80631, (970) 350-9815, has applied for a Reclamation Permit with the Colorado Mined Land
Reclamation Board. Anyone wishing to comment on the application may view the application at the
• Weld County Clerk to the Board, 1150 O Street, Greeley, CO 80632, and should send written
• comments prior to the end of the public comment period to the Division of Reclamation,Mining and
• Safety; 1313 Sherman Street; Room 215; Denver, CO 80203.
• CERTIFICATION:
•
•
• I, William Schenderlein of Blue Earth, hereby certify that I posted a sign containing the above
• notice for nthee proposed permit area known as 25th Avenue Site, on February 16, 2012.
• 2/16/12
• SIGNATURE DATE
•
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• STATE OF COLORADO
• OFFICE OF THE STATE ENGINEER C
Division of Water Resources e°
• Department of Natural Resources
1313 Sherman Street,Room 818 "„'• •
�, a�
• Denver,Colorado 80203 •1875 a
Phone:1303)866-3581
• FAX:130318663589 Bill Owens
Governor
• hnpl/waterstaleco.us/default.htm November 1,2001
• Greg E.Walther
Executive Director
• Hal D.Simpson,P.E.
• Mike Hart State Engineer
Hart Environmental
• P.O. Box 1303
• Boulder,CO 80306
• Re: Pre-SB 89-120 Exposed Acres in the Greeley West Pit, DMG No. M-77-081
Dear Mike:
•
• First I want to apologize for not responding sooner. I appreciate your patience and
understanding. I hope to clarify Kathleen's letter dated April 5,2001,and confirm
• statements in your letter dated April 12,2001. My groundwater exposed prior to January 1,
• 1981, In this case 45.5 acres,can be used as a credit to offset an equal portion of the
augmentation requirements for any current or future ground water exposed within the permit
• boundaries of the Greeley West Pit. Also,it does not matter whether the currently exposed
• } groundwater area.indudes the pre-1981 exposed groundwater area of 45.5 acres. A• one-
for-one credit will be allowed anywhere within the original permit boundaries(a.ka.original
permit area)as they were created under the DMG permit number M-77-081. My
• I subsequent modification, whether increase or decrease,to those boundaries will not change
• the original permit area within which the credit can only be applied. This issue is the current
interpretation of SB 89-120 by the State Engineer. Please contact me if you have any
• additional questions.
• Sincerely,
• Lr/a .
• Dick Wolfe, P.E.
• Office of the State Engineer
•
• Cc: M-77-081 Greeley West Gravel Pit SSP File
Division of Minerals and Geology .
• Dick Stenzel
• Bill McIntyre
P. DasS .
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