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Home My WebLink About20111012.tiff I 8 6 1 - 2 0 I I PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US W E L Die O N T Y PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 April 14, 2011 Eric Scott Colorado Division of Mining Reclamation and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Response to Application Adequacy Review - Weld County Ashbaugh Gravel Pit Conversion from 110c to 112c (Permit#M-2005-060) Dear Mr. Scott: We thank you for your review of the application materials for conversion of Weld County's Ashbaugh Gravel Pit from a 110c to 112c permit. Enclosed please find the requested clarifications and additional backup information for our requested expansion of the pit. The single most significant permitting issue you raised is the presence of natural gas pipeline in a portion of the site. We believe that the pipe is now owned by Noble Energy who Weld County has contacted regarding a crossing agreement. Noble have been slow to respond. Weld County therefore proposes and requests approval of our application and proposed mining limits as originally delineated with a condition that the pipeline not be crossed and no activities encroach into the pipeline buffer area until such time as a crossing agreement be executed by the pipeline owner and submitted and approved by DRMS. Obviously the intent of the concerns over the pipeline is safety and prevention of damage to that private property. The County agrees with this intent and would therefore fence off the area of the pipeline buffer to prevent entry. The area west and south of the pipeline buffer would provide the County with over 10 acres of mineable terrain, our processing equipment and stockpiling area could be placed on the existing cleared and re-graded 110c area as shown on the mining plan. The County would then be able to proceed with gravel extraction from the limited area west and south of the pipeline buffer and concurrently pursue the crossing agreement with Noble Energy. If you have any questions, please contact me. Thank you for your assistance with this project. Sincgrely, 1 • / David Bauer, P.E. County Engineer- Development Enclosures M.\DAVE B\Ashbaugh\DRMS permit\Transmittal Ashbaugh Expansion dots to DRMS.doc PUBLIC �vi�� c,ts Cu3 Ql_ 2011-1012 y - a5- II y / 9 - // - 8- 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: 1. To the best 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 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator,I 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,CR.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this formshall easult int yQWiffq. * ,t- - permit issued on the altered or modified form and subject the operator to cease and desist orders and civil pengitfes.lor opdru)". 3 without a permit pursuant to section 34-32.5-123,C.R.S. •asso f r, .%Signed and dated this day of F 6r ilA I^ , ' / �` ► 4 „A U0d1Gun /sb( C .IQtkS If Corporation Attest(Se 1�I�t ( %•. : Applicant/Operator r Company Name ,/ "ten �I �C a74 C1LS(/1.� ' 1 Signed: GkeP/I Signed: • 7% �' Corporate Secretary or Equivalent Title: Cp £ t'G 1 Town/City/County Clerk State of aclaead0 ) )ss. County of 'CUt I d ) The foregoing instrument was acknowledged before me this 7 t" day of re 'or L./LA c it .2011 by .- &twele as C-ow-n1-1 Eninee✓Z of V. id Cou47 fu..bl:c, WorK5 o�.pRY Poe SHARON ? Notary Public BENSON ca t. My Commission expires: S-a`f-aot t/ lt'; ' OFGe SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a ASHBAUGH PIT EXPANSION Conversion of 110c Reclamation Permit#2005-060 to 112c Permit February 2011 Revised April 2011 Prepared For Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Land Owner Keith and Shirley Ashbaugh 39434 WCR 115 New Raymer, CO 80742 Operator Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, Colorado 80632-0758 Exhibits List EXHIBIT A - Legal Description Property Owner: Keith and Shirley Ashbaugh EXHIBIT B - Index and Location Maps Regional Index and Location Map Local Index and Location Map EXHIBIT C - Pre-Mining and Mining Plan Maps of Affected Lands EXHIBIT D - Mining Plan EXHIBIT E - Reclamation Plan EXHIBIT F - Reclamation Plan Map EXHIBIT G - Water Information EXHIBIT H—Wildlife Information EXHIBIT I-Soils Information EXHIBIT J—Vegetation Information EXHIBIT K—Climate Information EXHIBIT L—Reclamation Costs EXHIBIT M—Other Permits and Licenses Statement of Compliance with Weld County zoning regulations. Use by Special Review(USR) permit—approved by the Weld County Board of County Commissioners, Permits from Colorado Department of Public Health and Environment(CDPHE) a. CDPHE—Water Quality Control Division (WQCD) for a storm water discharge permit and, b. Air Pollution Control Division(APCD)for air pollution emission notice (APEN)permit. M:ADAVE B/Ashbaugh VDRMS permiMmendedApplication&Exhibits_doc 4/14/2011 EXHIBIT N—Source of Legal Right—To —Enter EXHIBIT 0—Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined EXHIBIT P—Municipalities Within Two Miles EXHIBIT O—Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder EXHIBIT S—Permanent Man-Made Structures EXHIBIT T. - Proof of mailing notices of permit application; ADDENDUM 1 —Notice Requirements: Letters of Notification have been sent to the National Resources Conservation Service (NRCS), Letters of Notification Colorado Department of Wildlife (DOW)and Letters of Notification to the Colorado State Historical Society M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 EXHIBIT A - Legal Description A TRACT OF LAND LOCATED IN THE SOUTH EAST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH,RANGE 59 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,COMPRISING 383.93 (THREE HUNDERED AND EIGHTY THREE) ACRES MORE OR LESS. MINING AREA TO ENCOMPASS 139.7 (ONE HUNDRED AND THIRTY NINE ACRES). LAND OWNER: Keith and Shirley Ashbaugh 39434 WCR 115 New Raymer, CO 80742 THE PROPERTY CAN BE ACCESSED OFF THE EAST SIDE OF WELD COUNTY ROAD 115. THE ACCESS TO THE ASHBAUGH GRAVEL PIT IS LOCATED AT: 342946.84, 1457700.07, OR 40.57577 DEGREES NORTH, and -103.97394 DEGREES WEST. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 EXHIBIT B - Index Map Index Maps Regional Index Map k +` - • I • �jw s t1 • . - , k `�'�3a i t .` _�;7t� j -r,..= .Y .r..n- .-. _ I ,lf•- ..-. OI i i�` ,1. .� • • .`.ti i 1�• •r .`1. a. 1 -Y a 1 . _• ..... •• • -�• + :. •' •S, -:•!7• • ..- - N r • ;"'C I. r1t. ,,, leileril �ti I 1 1 1. ... ` I b ' 1 _ I 1 • - •, �?' ' r•e .� :,w5'_ rt t • I`` *y�f . .. • -t, . , -. -- , . .-. NEW RAYMER •-s t... ■ 1—' I Ashbaugh PitI. 4 �: .-1 I. • • . •.. I • - ; - wee o.,,.t- _. I ..♦ �. Y i , •- R 1 1. .1 . I .r • -w.. '�1 a •.t . � l'r ., I I. .S .� ti - ■5 - y was '• A • cs :_t_ it • i • 't , ._'-� it t.Qe ,ic1JSlt. ,. N. 't r" i . • ....-' 21Z. °PC "' .47'. . ..... I .� �• �`--.. - -"•7y 1 t-~' .4:-r-1- ; GREELEY �� ' % �. .�: � � { _.rr \ .- - � 1 fir-= - �- �.r"= I It 1.)e- .. '1 i " ,s.�� `` ._ a . .. .. • I L=am .•� �. .d . � ` I I -1..4:I'--:a.a.1 -di . ' t. . _ .... , , ..... ___. ..... _wc.,..2----- .. „re _ . ,-......1 -, - . - ..ilk-I4____ ,_ .. t __\_- ........, • _ _. ,_ i I 1 - •3 •‘ ►kid • f r ir, -r �Ih ` - '`i a-, !,_�q ` 1 Nan 1`} 1. . . I -..w _.�' ,•,. • ,• •t ■ •} +�� '.f�' I„•.* + ' .• II . : _:. ,•+ Y . _ ..,• • . . . . ..i L," ,l C '•• y �...: , i '_ ,fey } L - � t / S.- ' .• • ." • •� , • ' • •1( • -cam.• .- •i See below excerpted from Weld County GIS. C:\Documents and Settings\egesick\Local Settings\Temporary Internet Files\Content.Outlook\M4M2CSX8\AmendedApplication Exhibits.doc 4/19/2011 Local Index Map I ?, Li . I hi-7, 1 , ,T ira._ ,...._ . 1 i t i---"L L - .,„ . • 1<- 2 MILES -> ti-' "' 4 - � ��' - �,,... f '_ `mss. '.-- i -t .y IN* , ,tr-- — It V A . 4 -- -I l.� —1 .3 IF ' ICI l ._ 6 R e 1 11 M TOWN of h { , RI ifKimr,HAnn : ,►--� - : - [JWN0fO NEW I f . --. Id I AYMFR ...., STATE HIGHWAY 14 piil , ._ -._ .......„. ,,,„ , „........„____________ '1---- 1-- Ashbaugh Pit & le Expansion Area 4 C • II-410 l 14. • r . ► • J v - . • R idpiR 59W -,,,,R, , ' - ‘14*.li‘''' MINI lik.4 42 I C:\Documents and Settings\egesick\Local Settings\Temporary Internet Files\Content.Outlook\M4M2CSX8\AmendedApplication Exhibits.doc 4/19/2011 EXHIBIT C -Pre-Mining and Mining Plan Maps of Affected Lands See the enclosed Exhibit C map. 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L. — a I ; fill -- \ I, \ i . . i J., H . \ keys Iii elliMI r ;r O / St y� li ' 1 I I li.. _____.77 ir 1 . r r° la if xi % w 4 ii ,,, aie ... .. ._. , _ . .. I ,., ___ ort 5 a • , io Ir ; rr , -Th ,ors g . __, _S. .. .- . il vat Le rat- il ci. / ..C7 • ,II)C1illw mil le ill:/ —-—.'§.41 t r. U ;. 4. ell iii II 2W ,' r f S, 1 *Mall ;. a 7 ..4 r _. --- Syr , a , : Hyll It y . ./ irl' imi./.s •1 if" i ® ' 1:��O ��y ,!•' • 111 t K .. .. �� rr� 11. _ _� _ a�rnr— airs ' I ■la a _ I It •7 3 III I) a I Ill r 1 I I ' X10 EXHIBIT D - Mining Plan a) Mining Schedule It is anticipated that sand and gravel excavation, processing (rock crushing and screening), and stockpiling at the Ashbaugh Expansion site will commence upon receipt of approval from the Colorado Division of Mining and Geology and receipt of other necessary permits. Gravel excavation and processing will be seasonal with stockpiling of gravel for later County uses depending upon the local road repair and construction needs. Generally,the County excavates, crushes, and stockpiles road base materials during each winter on an annual basis for the following summer construction and road maintenance season. Excavation and stockpiling volumes are anticipated to be approximately 100,000 tons or less per year. The Ashbaugh Expansion site likely has only 5 to 7 years of gravel and sand reserves. b) Topsoil thicknesses at the Ashbaugh Expansion site are thin,typically less than 6(six)inches. Topsoil will be stockpiled at the location shown on the mine plan map (see Exhibit C). c) The gravel deposits proposed to be mined are stream channel deposits associated with the lower Ogallala Formation found on ridges in the area at the Ashbaugh Expansion site. The gravel deposits are ridge-forming therefore, the thickness of overburden to be removed during gravel extraction is expected to be minimal. Minimal stockpiling of overburden is anticipated. Mined soils unsuitable for construction use will be separated from the mined gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. d) The estimated thickness of gravel-bearing zones varies from between 0 and 25 feet thick at the Ashbaugh Expansion site. No high wall mining is anticipated. e) The enclosed Site Map(Exhibit C)and Mining Plan map(Exhibit D)shows the existing location of the haul road for the old pit. Gravel processing(crusher location), soil and gravel product stockpile areas will be created when the ridge areas are leveled during excavation. 0 The dimensions of any significant disturbances are shown on the Mining Plan map as `limit of gravel mining area' and the gravel processing and soil stockpiling areas(see Exhibit D). g) Weld County Road 115 extends north-south along the east edge of the Ashbaugh Expansion site (see Exhibits C and D). The gravel excavation, processing and stockpiling areas will be accessed from that county road. h) There are no irrigation structures or surface water impoundments existing or planned at the Ashbaugh site. Water needs for gravel mining and processing operations are expected to minimal; water for dust control can be obtained and hauled from existing County-owned wells. Water used in mining and crushing operations and for dust control is estimated to not exceed approximately 4000 gallons per month during those operations. i) The existing 'old' Ashbaugh gravel pit, located immediately west and adjacent to the Ashbaugh Expansion site does not intersect groundwater; it is anticipated that no groundwater will be encountered at the Ashbaugh Expansion site. When the existing pit does intercept surface water runoff;that runoff eventually infiltrates to the ground water table. The Ashbaugh Expansion site does not lie in a Designated Ground Water basin(per Colorado Division of Water Resources, Office of the State Engineer). M:\DAVE 6Wshbaugh\DRMS permit\AmendedApplication&Exhibils.doc 4/14/2011 j) It is anticipated that sand and gravel excavation,crushing,and stockpiling at the Ashbaugh Expansion site will not disturb surface water or ground water quality. Erosion control measures(Best Management Practices)will be installed along the perimeter of disturbed areas and at the south margin of the site to protect the adjacent area from mined area runoff and sediment. k) Any onsite generated trash will be collected in an on-site dumpster and disposed at the County landfill. No chemicals are anticipated to be utilized at the site. I) Best Management Practices, including berms,silt fencing,and straw bales erosion control measures will be installed along the perimeter of the Ashbaugh Expansion site to prevent release of mined area runoff and sediment. Open excavations are not anticipated to be over 40 feet deep,MSHA approved open excavation and fall protection safety measures including fencing and berms will be installed as needed. During and following mining,side slopes to the pit will be graded to 3H:I V or flatter and re-vegetated for stability. m) On-site rock crusher machinery will be installed in the "gravel processing" location shown on the enclosed Mining Plan map (Exhibit D) during intermittent crushing operations. It is anticipated that the crusher and other equipment will be re-located to other County-operated gravel processing sites for the majority of any year. n) No secondary commodities are anticipated to be extracted or produced at the Ashbaugh Expansion site. No asphalt plant or concrete batch plant is planned for the Ashbaugh Expansion site. o) Gravel and sand extracted from the Ashbaugh Expansion site will be utilized by Weld County Public Works Department for repair and maintenance of local County roads and other County construction projects. Soils and mined materials unsuitable for road construction may be stockpiled at the site. These soil stockpiles may be utilized for excavation backfill and site reclamation on County-operated projects. This is a County-operated gravel pit; no commercial gravel and sand sales will occur. M:\DAVE B Ashbaugh\DRMS permittAnendedApplication&Exhibits.doc 4/14/2011 x ea :as DNIAVIIG a 1IEIHX3 TT0Z/Z :ova o 4 NV Id OMINIK z ci A 0 !Id HDQVEHSV z a w ;T4 NOILVDI'IddV ZIwaad _ ~ x w a a ° Z IT T 01 NOIS?1 ANOO °O TT T A zcf, cz a 0 rai U < oE', Oozzo U) oire A X II 0 Op Cn 11-- Ir ,- •rites I■ at 1il - * ; —_ • , ■ iI I i 1 ` - r- Q ``,- — Iciii W-_ a. to it se is Z oC W z 1 • _,I. �� III I I i ' ! � _ � �-• 1.11 i v E la E } W i il 1.1.1 W 31 ii. a. W ',..0 a. cc Ma fi I I. r 0 J [ 'kiwi illillika I 1 \ :-.il , . ipdo I Iill \ r. - is. _a i •- s \ ,I if. (. r li ills • "1/41„� J ti_ ' L ■ �,_ l` i et lill" lc I efilL iii‘r-"44 I 0.•.--.- . • I J ,ill "lb III es C I • • • ! \i‘fe I ■ 1 i1 WQa' ca 1 ba- t� rr n '1 I iCL Z In ) OZ � �I \is �1,\It •, r 1 I ) . AII ■i o rillt DO no'. r i I Lai• i V • •.1.......-.....721•11..-i Oll,. .iiii )4 1 o 1 le li lb I. •1 �'_ •-aa, 1■!-'J _ate .�. 'r t' 1�, i ii__ rota Ill r e' r=r- 1 -0.- ti iy4 ell b ZW - ' .Y- _ t181.1 ii. •' Fw ► CL s ! :asp, rte T•.: • N. e�.- N li ` a C cs err" 3 .r +.... •+�. I La Will • w 1 .. a N Z r r� g• r--- w� 'a� I , i .. 1 hH t far rr re) jant ':�_ ■' 1 r Z �' r it 'Jim- . ■ F ' ■ 1.irr Iii r s r ( t C4, ii Jr, 17 r.-4‘ \will . II ' fi I jill di 41, 1- -s- m.( . II ,... i, lell al fi / lel ti■ , �ajniafillifrilliP e ii H 1 \\\\\*11 .. ,, t. k 1(111 its I I .1g , ' ,, ... 4.. . .r. It .4, • I ' 1 \\ 1 r i s /7.. . / t , , , It 2 r -, /...I ee - a.- '''- / (ii! - jrin _1 oi --.)a <////l / fA. ~ r�ile 0/i ' • i "' . ' ;sil Grit I rig N ...• jif 1:-' ' --a...... . �cma 1 g, ,. -4, . ,, _ z, ......, ':' 'ie.°T,\--./ ....--Th , , 0 I -A1/11: ' Ilii . iiii 4,-. .. 1---: al I y / ..t .e.' ••• mil // J.1 L1rSI yam a• ` I. roil i Mt r �.' r , •I'l °OS ."-• • del r 4 ":6. •••••"1 . . 0 , /1 ecill Pi t C. 0 • •‘•• •• ." 1 r- i1 'f 1_ i .. i Ira .. se -IceI- A \ 'a oCC r. r W Y 1..• ‘ 4 //� L �f F yW�� .{ L■.�'1-��1 EXHIBIT E - Reclamation Plan a) Site stabilization and reclamation will be sequential as mined areas are completed and revegetated. Sand and gravel excavation,crushing,and stockpiling at the Ashbaugh Expansion site will commence upon receipt of approval from the Colorado Division of Minerals and Geology. Rock excavation and crushing will be seasonal with stockpiling of gravel for later uses depending upon the local road repair and construction needs. Topsoil stockpiled at the site will be utilized for reclamation following cessation of gravel excavation/mining. See Exhibit F. b) Reclaimed slopes will be graded at a maximum of three to one(3:1)horizontal to vertical. c) Reclaimed areas will be stabilized by: i) Concurrent regrading on areas of the site where excavation has been completed. ii) Replacement of topsoil in thicknesses equal to or exceeding the original topsoil depths found at the site. iii) Soil amendments, seed mix, and application rate to be determined in accordance with NRCS guidelines and Weld County Weed Control requirements. iv) Local conditions at the Ashbaugh Expansion site dictate a drought-tolerant native species seed mix appropriate for non-irrigated pasture. iv) Seed mix and application rate to be determined in accordance with NRCS guidelines and Weld County Weed Control requirements. v) Depending on ambient conditions, the seed application method may be hand broadcast, hydroseeder,or drill and crimp. vi) Per NRCS guidance, permanent seed cover will be placed in November on final graded areas. vii) Mulch application may be concurrent with seeding (hydroseeding or drill and crimp). Mulch may include straw and tackifier. d) The reclaimed Ashbaugh Expansion site is not anticipated to encounter groundwater or surface water and will have no ponds. The mining area access road may be left as-is following cessation of mining for use by the property owner,the Ashbaughs. e) Reconnaissance of the Ashbaugh Expansion site indicates that the thickness of overburden to be removed during gravel extraction is minimal. Therefore stockpiling of overburden piles is not anticipated. Soils and waste rock unsuitable for construction materials will be separated from the gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. f) Reclamation, backfill, and seeding estimated costs: Under$30,000. M\DAVE B\Ashbaugh\DRMS pertniMmendedApphcatlon&Exhibits.doc 4/14/2011 EXHIBIT F - Reclamation Plan Map Reclamation map See the attached mine reclamation map (Exhibit F) showing the proposed final re-grading of all disturbed areas. The reclamation final grading will restore the area to grazing rangeland. It is anticipated that no stormwater ponds will be constructed or remain on site; any runoff entering the pit area will infiltrate the base of the pit. It is anticipated that the average thickness of overburden is minimal,however,overburden and excavated soil materials unsuitable for road construction will be used to backfill excavated areas and for re-grading the site to stable slopes. Stockpiled topsoil will be placed on re-graded areas prior to seeding with approved native grass seed mixes. M:\DAVE BWshbaugh\DRMS permit\AmendedApplication&Exhibits doc 4/14/2011 , x 8Z3P9 # '8'd '.iAaUlfu3 Al11103 ea .1,e BEAM d ZIHIHXT 1103/lira E-, PISA Inns," milieu :j �2ird ad Cd z Lid Hf 1VHHSV a N a 9 sxHo� a1�IHnaunoa auk a w w w a d�L1I i�I�Id l�IOIAL��II�I � �2I NOI,LdOI'Iddd .LINI2Iad z � A w w o Oz T T OZ NOISHIAMOD 30 T T w z °cn z a 0 U �- � Hwoz ° _ ~ XI XI o � z azw o 1,. z r 0 cn M x o U co O U (/) w L ------ I_ } - _- _ 1 . . r a I i ,,,I W• Z fn ■~I Z I Z J 1%O ' s r I Oj W -;W W O W Z � M i QO Z W Z .1 m Z � V O — LLJ 6 - O z = � = ac �i Y I X1'1 r �i. 1 v � Z V1 3 �" c O a ii--, I.- D w Z m k"1 ' . —r i� �A I ( W W a O W W CC W Eta N _■ Ce la. 0 a I- a. a a 4_ i— O a w RNs ; , . C_ �_ , o r A' ( aIllI v .. 41 { 3;► Te «' • O1 . .I_ ;x . r• �; -n p— I■� v I'� I ,>(a Il'- ...) W I II li ., i I ^et 1 Or a -ME is r re \ �-....� �Ys - wA A I r J C48° VIC41) il\II . kilt lti r .� I r 1 - ; . i lit !1■■■ 1 •lip \ND Sr 1111•IMP ilailik 'ail' IN, •I . � 1i - WOaW - ,. ._ I ti ..11‘ti. i; •ti Z Y- O fl- F- -j �} a •' I NOQO O ZON rIl _ r ti. ti. — I O In o I . 1•�n r St\ __.:I_ __l.ucrur a. a �.11"" dF, IX El u 1ds" —41 \., I: • i. --ir M .1 ----1— 1r cil 1 cc _ !kir. , 4 t i _,. T T - 1 `1 1 ICI mt. il ' IY _ - 1 r� S~ ��a■ ) t• `.. I 'tr.-'''00, A,- =�Ys—■ w l� , -_ - 64 if., - L - a I 1 ' lm gm 1gli ilii, "IL �.- or . I I a I eir1 r r I. I ' . ,.. . ■ I m'Ser# . L ., ., � Li - /1I (' .... AAL . [I A ( r /susti� �) ' II,1 r 1 -,� al , . ,I ill li / _ , i.lim _ /Pr. ° .Lea tr. FIlls "Mil I al • '\ ;Il,�� . �: A 1 I ` I - F II \ `' • r 1..41.1 erl •tc .Ifil� �/ill; r r � I �. cn L. 1 II . ' jili1) e teAI /' 1 1�� // r 4 t pi " „ ( , \ Y I r { (? 1 j;lJJ , r' .,� : 1 I ' r f rigi 17"/ /- - 1/ ikriCrj r 1 li I.i.I i•4 . . • a — it , F i '11 giel 10* , .. - eri_illm=1 •ijiffrii/ • _a/ (111 I •r"• ..telaCtifri,be.e/ • i : 7 z. i , ,. ./ %,--. ..--10 :40 i c . elijill' Ill if s 7/rA ( J //- A a 4. -, ri ,,,, ,; . .. ) , 1 d \1/4 , r I , , . , . ,,, .: 11 C el es e . .21/1 t ,_ r , , , • •rf . i _ _ CIL% , • . i ., • 1' . ./� ''tip .,e i Sy .I .. II- •• _'r if. - 1 q' a 1.:..y .ll —.., a...„,\ r , rr s e 1 ♦ r.. • r . EXHIBIT G - Water Information Water Resources There are no FEMA-designated floodplains or floodways on the Ashbaugh Expansion property proposed for mining activities. There are no watercourses on the portions of the Ashbaugh Expansion property proposed for mining activities. There are no existing or planned surface water impoundments at the Ashbaugh Expansion site. Water needs for gravel mining and processing operations are expected to minimal; water for dust control can be obtained and hauled from County-owned wells at other gravel pits. There are no irrigation structures on the Ashbaugh Expansion property. M:\DAVE BAshbaugh\DRMS permitAmendedApplication&Exhibits doc 4/]4/2011 EXHIBIT H—Wildlife Information Wildlife The Ashbaugh site is currently dry,rangeland used for cattle grazing. No trees are present to offer roost or nesting sites for birds. No prairie dog holes were found at the site. Vegetative cover and forage for deer or antelope is sparse due to the natural,year-round dry conditions. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 EXHIBIT I —Soils Information Soil Description Soils at the Ashbaugh Expansion site are described on Sheet 41 of 43 in the Soil Survey of Weld County, Colorado— Northern Part published in 1981 by the Soil Conservation Service. Soils at the Ashbaugh Expansion site include Cascajo gravelly sandy loam(unit 20). These soils are excessively drained with moderate wind and water erosion potential. Sandstone and siltstone layers in the Cascajo areas form erosion-resistant ridges; rock outcrops are also common. The Cascajo soils are suitable for rangeland pasture where livestock are managed to prevent overgrazing. The Ashbaugh Expansion site also contains Olney fine sandy loam(units 44 and 45). Olney fine sandy loarns are well drained;the surface is typically a brown fine sandy loam overlying a sand clay loam subsoil that is sometimes calcareous. Wind and water erosion potential is moderate. The Olney soils are suitable for non-irrigated rangeland pasture where livestock are managed to prevent overgrazing. Olney soils are also suitable for non-irrigated winter wheat The 1981 soil survey also identifies the areas of Cascajo gravelly sandy loam as a probable good source of roadfill material; but suggests that sand and gravel deposits may not be as valueable die to excessive fines. Weld County's experience at the original Ashbaugh 110c gravel pit is that the materials expected to be found at the adjacent Ashbaugh Expansion site will be quite suitable as a source of gravel road replenishment materials. Top soil at the Ashbaugh Expansion site is sparse and very thin,typically less than 6 inches thick. M:\DAVE B\Ashbaugh\DAMS permit\AmendedApplication&Exhihits.doc 4/14/2011 EXHIBIT J—Vegetation Information Vegetation Description The Ashbaugh Expansion site is dry,rangeland used for cattle grazing. Small amounts of beneficial grasses: buffalo grass, sideoats grama, blue grama, and sand dropseed have been noted at the site. A preliminary site examination also found Kochia, Russian thistle, cheatgrass, cactus, and poverty weed. The areas of the property planned for gravel excavation and processing has not been previously irrigated. No trees are present on the Ashbaugh site. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 EXHIBIT K—Climate Information Climate Description The climate at the Ashbaugh Expansion site is classified as semi-arid. Summers are characterized by with daily high temperatures of over 90 degrees Fahrenheit dropping to 50 degrees Fahrenheit at night. Winters are characterized by daytime temperatures near the freezing point,nighttime temperatures are typically 10 to 20 degrees Fahrenheit. Annual precipitation is approximately 12 to 14 inches, with summer precipitation coming from localized convection cell thunderstorms. Winter precipitation comes in the form of snow and rain. M:\DAVE B\A shbaugh\DAMS permit'AmendedApplication&Exhibits doc 4/14/2011 EXHIBIT L—Reclamation Costs Reclamation Costs: See the attached mine reclamation map (Exhibit F) showing the proposed gradient of all disturbed slopes and the location of revegetation areas. It is anticipated that no ponds will be constructed or remain on site; however the reclaimed pit will infrequently intercept surface runoff which may pond for short periods of time before infiltrating to the ground water table. It is anticipated that the average thickness of overburden is minimal, however, overburden and excavated soil materials unsuitable for road construction will be use to backfill excavated areas and for site re-grading to stable slopes. Stockpiled topsoil will be placed on re-graded areas prior to re-seeding with approved plant type seed mixes. Final site reclamation costs include the cost of native dry land grass seed and mulch application. The mining plan includes concurrent regrading of mined areas. It is anticipated that final grading and placement of topsoils from on-site stockpiles followed by re-seeding will cost less than $30,000. M:\DAVE B\Ashbaugh\DRMS permitWmendedApplication&Exhibits.doc 4/14/2011 EXHIBIT M—Other Permits and Licenses List of Other Permits: 2. The proposed Ashbaugh Expansion Pit Gravel Pit operation will comply with Weld County zoning regulations. a. Use by Special Review(USR)permit—approved by the Weld County Board of County Commissioners, 3. Permits have also been applied for from the Colorado Department of Public Health and Environment(CDPHE) a. CDPHE—Water Quality Control Division(WQCD)for a storm water discharge permit and, b. Air Pollution Control Division (APCD)for air pollution emission notice(APEN) permit for the crusher operation. Letters of Notification have been sent to the National Resources Conservation Service(NRCS), Colorado Department of Wildlife (DOW) and the Colorado State Historical Society. M1DAVE B\Ashbaugh\DRMS permitAntendedApplication&Exhibits.doc 4/14/2011 EXHIBIT N- Source of Legal Right—To - Enter Please see the attached Right to Enter form. Please also see Agreement to Purchase Gravel. The Ashbaugh property is owned by Keith and Shirley Ashbaugh, 39434 WCR 115,New Raymer, CO 80742 VI:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1539 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (GRAVEL MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT - KEITH AND SHIRLEY ASHBAUGH, CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board of County Commissioners held a public hearing on the 12th day of April,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the application of Keith and Shirley Ashbaugh,39434 Weld County Road 115,New Raymer,Colorado 80742,fora Site Specific Development Plan and Use by Special Review Permit#1539 for a Mineral Resource Development Facility(gravel mining)in the A(Agricultural)Zone District on the following described real estate, being more particularly described as follows: Part of the NW1/4 of Section 15, Township 7 North, Range 59 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Greg Nelson,Weld County Department of Public Works, 1111 H Street, Greeley, Colorado 80632, at said hearing, and WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and,having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. 1) Section 22-5-80.A (CM.Goal 1) states, "Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law." The proposed site contains a valuable gravel deposit,and permitting of this site for this use will ensure the materials are available for repair and construction of County roads. 2006-0863 PL1832 c� . Pt, Pte; riz c � '�,�f e9 .'9e' SPECIAL REVIEW PERMIT#1539- KEITH AND SHIRLEY ASHBAUGH, CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS PAGE 2 2) Section 22-5-80.B(CM.Goal 2)states,"Promote the reasonable and orderly development of mineral resources." 3) Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface mining activities on surrounding land uses, roads, and highways." The site is surrounded by vacant pasture land, and the only residence in the vicinity is owned by the applicants. b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-40.A.3 of the Weld County Code provides fora Mineral Resource Development Facility for gravel mining in the A(Agricultural)Zone District. c. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The site is surrounded by vacant pasture land, and the only residence in the vicinity is owned by the applicants. d. Section 23-2-230.B.4--The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code,and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. Existing land uses surrounding the property are dryland farming and pasture. The subject property does not lie within the three-mile referral area of any municipality. The approval of this use will not jeopardize the health,safety, or welfare of the surrounding property owners. e. Section 23-2-230.6.5—The application complies with Section 23-5-230 of the Weld County Code. The site does not lie within any Overlay Districts. Effective January 1,2003,building permits issued on the subject site will be required to adhere to the fee structure of the County-Wide Road Impact Program. Effective August 1,2005,building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The majority of the subject site is classified as"Other",with a small portion of"Prime if they become irrigated", as delineated on the Important Farmlands of Weld County Map, dated 1979. g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld County Code),Operation Standards(Section 23-2-250,Weld County Code), Conditions of Approval,and Development Standards ensure that there are 2006-0863 PL1832 SPECIAL REVIEW PERMIT#1539-KEITH AND SHIRLEY ASHBAUGH, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS PAGE 3 adequate provisions for the protection of the health,safety,and welfare of the inhabitants of the neighborhood and County. h. Section 23-4-250 -- Additional requirements for open-mining have been addressed through this application, and the Development Standards will ensure compliance with Section 23-4-250 of the Weld County Code. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of Keith and ShirleyAshbaugh,Go Weld County Department of Public Works,for a Site Specific Development Plan and Use by Special Review Permit#1539 fora Mineral Resource Development Facility(gravel mining)in the A(Agricultural)Zone District on the parcel of land described above be,and hereby is,granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant submitted an approved Substitute Water Supply Plan; however,the Plan is only valid through March 31,2006. The applicant shall submit evidence to the Department of Planning Services that the Plan has been renewed,or that an alternative Substitute Water Supply Plan has been approved. B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)and Emissions Permit application from the Air Pollution Control Division of the Colorado Department of Public Health and Environment. C. The applicant shall submit a Dust Abatement Plan,for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. D. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from the Water Quality Control Division of the Colorado Department of Public Health and Environment for any proposed discharge into state waterways, if applicable. E. The applicant shall submit evidence of an Aboveground Storage Tank Permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section,for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the CDL&E, Oil Inspection Section, that they are not subject to these requirements. F. The plat shall be amended to delineate the following: 1) All sheets shall be labeled USR-1539. 2) The plat shall indicate the appropriate certificates for signatures. 2006-0863 PL1832 SPECIAL REVIEW PERMIT#1539-KEITH AND SHIRLEY ASHBAUGH, CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS PAGE 4 3) The plat shall indicate the Development Standards associated with this application. 4) The applicant shall either submit to the Department of Planning Services a copy of an agreement with the property's mineral lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site, or indicate the 400-foot by 400-foot and the 800-foot by 800-foot drilling envelope locations,per State statute. 5) The plat shall indicate the location of any on-site signs. 2. One month prior to construction activities: A. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit for more information. 3. The Use by Special Review activity shall not occur,nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 4. The Weld County Sheriffs Office would be willing to assist in developing a security plan for the site. If interested, the applicant shall contact the Sheriffs Office. 5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005, should the plat not be recorded within the required sixty(60)days from the date the Board of County Commissioners Resolution was signed, a $50.00 recording continuance charge may be added for each additional three (3) month period. 2006-0863 PL1832 SPECIAL REVIEW PERMIT#1539-KEITH AND SHIRLEY ASHBAUGH, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 12th day of April, A.D., 2006. BOARD OF COUNTY COMMISSIONERS J WELD C ` NTY, COLORADO ATTEST: /%4 M. ile, Chair Weld County Clerk to the Davi . Long, Pro-Tem Deputy Clerk to %� ,r , ♦1 WI am H. Jerke APP . AS TO FO' lur RoberAk1\1\' sden .untyA or !y EXCUSED Glenn Vaad Date of signature: 2006-0863 PL1832 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS KEITH AND SHIRLEY ASHBAUGH CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS USR#1539 1. A Site Specific Development Plan and Use by Special Review Permit#1539 is fora Mineral Resource Development Facility (gravel mining) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. As indicated in the application materials,operations on the site shall be limited to mining and crushing of materials for use on County road rights-of-way and the applicants' property. 4. To prevent the destruction of nesting wildlife,initial construction shall occur afterAugust 15, and before April 1. 5. Mining equipment shall be cleaned periodically to avoid spreading noxious weeds. 6. Mined areas should be promptly re-vegetated to prevent erosion and invasion of noxious weeds. 7. Weed management should be implemented at the onset of mining operations and for a period of at least five(5)years after mining operations cease. 8. Any fencing on the site shall comply with Division of Wildlife recommendations. 9. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 11. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. 12. The applicant shall complywith all provisions of the Underground and Above Ground Storage Tank Regulations(7 CCR 1101-14). 13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan at all times. 14. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District, as delineated in Section 25-12-103, C.R.S. 2006-0863 PL1832 DEVELOPMENT STANDARDS -KEITH AND SHIRLEY ASHBAUGH, CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS (USR#1539) PAGE 2 15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. 16. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etcetera, for up to six(6) months at each location. 17. An adequate water supply shall be provided for drinking and sanitary purposes. 18. Bottled water shall be provided to employees at the temporary locations of the working face at all times. 19. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility area in a manner that will prevent nuisance conditions. 20. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 21. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 22. The site will be graded to insure that all stormwater run-off that comes in contact with disturbed areas will be directed into the mining areas or settling ponds. 23. The applicant must take into consideration stormwater capture/quantity and provide accordingly for best management practices. 24. The historical flow patterns and run-off amounts will be maintained on the site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions, concentration, and/or unplanned ponding of storm run-off. 25. The applicant shall obtain and maintain all State Water Quality Permits associated with the gravel mining operation. 26. The operation shall comply with the Occupational Safety and Health Act(OSHA). 27. The site shall comply with the Mine Safety and Health Act(MSHA). 28. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 29. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180,Articles I and II,of the Weld County Code. 2006-0863 PL1832 DEVELOPMENT STANDARDS - KEITH AND SHIRLEY ASHBAUGH, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS (USR#1539) PAGE 3 30. Effective January 1,2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. 31. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 32. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the reclaimed areas. 33. All gravel trucks transporting materials out of the area on County roads shall ensure that their loads are covered,thus reducing loose materials on the roadway and the amount of damage to vehicles. 34. "No Trespassing"signs shall be posted and maintained on the perimeterfence at all points of ingress and egress to clearly identify the boundaries of the site. 35. In accordance with Section 23-4-290.C of the Weld County Code, all sand and gravel operations shall be conducted during the hours of daylight,except in the case of public or private emergency,orto make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. 36. The number of on-site employees shall be limited to twenty(20),as stated in the application materials. 37. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 38. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 39. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250 of the Weld County Code. 40. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 41. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards,as shown or stated,shall require approval of an amendmentof the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 2006-0863 PL1832 DEVELOPMENT STANDARDS - KEITH AND SHIRLEY ASHBAUGH, CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS (USR#1539) PAGE 4 42. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval, or is discontinued for a period of three (3)consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. 43. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with anyof the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 44. The number of trucks that will be used at the facility on a daily basis shall not exceed 20, regardless of the number of trips to and from the facility on a daily basis. 2006-0863 PL1832 EXHIBIT O—Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined The land owners of the Ashbaugh Expansion site are: Keith and Shirley Ashbaugh The owners of the sand and gravel under the Ashbaugh Expansion site are: Keith and Shirley Ashbaugh Please also see attached Agreement to Purchase Gravel. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 RESOLUTION RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN - KEITH AND SHIRLEY ASHBAUGH WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Agreement for the Use of Soil and/or Gravel for Road Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works,and Keith and Shirley Ashbaugh, 39434 Weld County Road 115, New Raymer, Colorado 80742,with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Agreement for the Use of Soil and/or Gravel for Road Purposes between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Keith and Shirley Ashbaugh be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by g vote on the 9th day of March, A.D., 2005. 3BOARD OF COUNTY COMMISSIONERS ,;ssi rfre,.-) shy iitagatah i 1,i,.•\I"'. WELD COUNTY, COLORADO --\ William H. ke, Chair Weld Clerk to the Board BY: � 44--) M. eile, �'.= em Deputy Cler-.el t Board DaviAE. Lo t r APP AS TOC__ 'P ' Robe D. Masden ounh Atom EXCUSED Glenn Vaad Date of signature: GZ3 D 2005-0793 EG0052 OC : -e(.Jcace.O-_-_ ,> 03 — $ -oS AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT,made and entered into this day of 200_, by and between Weld County, Colorado,by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "COUNTY," and Keith and Shirley Ashbaugh, hereinafter referred to as"OWNER." WITNESSETH: WHEREAS, COUNTY is in need of soil and/or gravel for the construction of county roads, and WHEREAS, OWNER owns certain land on which there is soil and sand or gravel suitable for use in construction of county roads and which OWNER desires to have removed therefrom, and WHEREAS,both parties believe that mining will not expose any groundwater to evaporation, and WHEREAS, the parties hereto now desire to enter into this Agreement to meet their individual and mutual needs. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE EXTRACTION OF SOIL AND\OR GRAVEL THEREFROM: Owner hereby grants to County the right to enter and have access onto the following described property situated in Weld County, Colorado, for the purpose of extracting soil and\or gravel therefrom for use on County's roads generally located in part of§ 15, T7N, R59W of the 6th P.M., Weld County, Colorado,known as the Ashbaugh Pit (hereinafter referred to generally as the "Property."),In the course of said extraction, COUNTY agrees to use its best efforts to keep the banks of the soil and\or gravel extraction pit sloped to prevent Owner's cattle from falling over the banks. Additionally, COUNTY agrees to use its best efforts to reduce the disturbance of any more pasture land than is necessary in order to accomplish the extraction contemplated by this Agreement. The term"extraction" as used in this Agreement shall include the removal of soil and sand or gravel from the Property. separate soil pit run only? 2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: COUNTY agrees to pay OWNER a royalty of.$ .75 (seventy five cents) escalate who pays severance per ton for all soil and sand or gravel extracted and removed from the property by County during the term of this Agreement. Such royalty is to be paid by the end of the month in which the material is removed. 1 2005-0793 3. ACCESS: OWNER agrees to provide land for a haul road and direct access to the work area. COUNTY agrees to construct and maintain said haul road in good condition and to restore said haul road at the termination of this Agreement if requested by OWNER. 4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND\OR GRAVEL: Owner may take up to 100 cubic yards per calendar year commencing January 1, 2005 of any soil and sand or gravel stockpiled by the County on the premises for use on his driveways or yards. Owner agrees that prior to taking said soil and sand or gravel he shall consult with County to determine from which stockpile the soil and sand or gravel may be taken. 5. BOOKS AND RECORDS: County agrees to keep accurate records of all soil and\or gravel removed from said described lands and shall, at all reasonable times,make said records available to Owner for his inspection. 6. PERMITS - COUNTY shall be responsible for obtaining all necessary State, COUNTY, and Federal permits. Including the cost of any necessary surveying for the mining operation on the subject premises at its own expense which permits will not include asphalt or concrete batch plants. COUNTY shall consult with OWNER during the permitting process and to exercise reasonable diligence in obtaining all necessary permits in a timely fashion. The operation on the premises by COUNTY shall be conducted in compliance with those permits as may be determined by the agency legally responsible for enforcing those permits. OWNER agrees to cooperate with Weld COUNTY and to execute any necessary documents to assist Weld COUNTY in obtaining the necessary permits and not to interfere with any work required as a result of said permits . County will be responsible for any of the construction, improvements and ongoing operations necessary to comply with an approved permit. 7. NOTICES: Any notice of termination or other demand by Owner or County shall be made in writing and forwarded by certified mail to the following address: OWNER: COUNTY: Keith and Shirley Ashbaugh 39434 WCR 115 Weld County Public Works New Raymer, Co 80742 P.O. Box 758 Greeley, CO 80632 8. TERM: The term of this Agreement shall be from the date of execution to and until ten years later, and shall renew automatically for additional one year periods thereafter, unless sooner terminated in writing by either party. Said notice of termination must be received at least thirty(30)days prior to the stated date of termination. 9. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written consent of County or Owner, whichever is the non-assigning party. 2 10. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modifications, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term,provision,or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party,whether expressed or implied, shall not constitute a consent to, waiver of,or excuse for any other different or subsequent breach. 11. SEVERABILITY: If any terms or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision to the extent this Agreement is then capable of execution within the original intent of the parties hereto. 12. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties,and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 20 OWNER: e"-)1"4 f iL Ea,_ 1 -82«9 STATE OF COLORADO ) ) ss COUNTY OF Weld COUNTY ) na The forgoing instrument was acknowledged before me this a day of /4?t t /1 ,2005,by Keith Ashbaugh and Shirley Ashbaugh. Witness my hand and o4y4i al. •'P j 9EC' 491,1 LIT. 49 'atoTARy Notary Pub /ter` '4+ry4?UBL\C;/ i'1 in expires: ,/ /1 My CommissbnEspinsApft 70.1008 1861 ( ("— / �� °!/� COUNTY: w , 'o it Clerk to the Board By: (/2Oiu</ )hfzei ) By: 1-4H /Art rt �Deputy Clerk to/the Board William H. Jerke Chairman ,03/09/3/09/20( of Weld, State of Colorado APPRO TO Bru arker W County Attorney M:\Wpfiles\AGREE\P IIBWORKS\ashbaughfinal.wpd a-C'C5— 0979„ EXHIBIT P—Municipalities Within Two Miles Municipalities Within Two Miles The proposed Ashbaugh Expansion site lies in unincorporated Weld County. There are no municipalities within a 2 mile radius of the proposed Ashbaugh Expansion gravel mine site. The Town of Raymer is approximately 7 miles to the northeast. The adjacent WCR 115 gravel road is maintained by Weld County. M,\DAVE BWshbaugh\DRMS permitV+mendedApplication&Exhibits.doc 4/14/2011 EXHIBIT Co —Proof of Mailing of Notices to County Commissioners and Conservation District Please see the attached. M:\DAVE B\Ashbaugh\DBMS permit\AmendedApplication&Exhibits.doe 4/14/2011 1 8 6 1 - 2 0 1 1 PUBLIC WORKS DEPARTMENT 1111 H STREET,P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US W E L ou O N T Y PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 February 4, 2011 Weld County Clerk to the Board P.O. Box 758 915 10th Street Greeley, CO 80632 Re: Weld County Public Works' Ashbaugh Gravel Pit Expansion and Amended USR-1539 Dear Ms. Gesick: Weld County Public Works requests your assistance in meeting the requirements of the Colorado Division of Mining Reclamation and Safety by placing for public review the attached mining permit application,pursuant to Subparagraph 1.6.2(1)(c). The proposed gravel pit expansion is to be located on private property in Section 15, Township 7 North, Range 59 West, approximately 5 miles southeast of Raymer. The Division requires proof of filing for public review; please have someone sign receipt of this set of documents and return a copy of this letter to me via County internal mail. Please contact me if you have any questions. Thank you very much for your assistance in this matter, David Bauer, P.E. County Engineer- Development ., Received by: _ ro zoQ-ioo «= Name Date Enclosures M:\DAVE B\Ashbaugh\DRMS permit\Transmittal Ashbaugh Expansion does to Weld Clerk to BOCC.doc EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder Please see the attached. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 EXHIBIT R PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 STATE OF COLORADO ) ) ss COUNTY OF WELD ) In Weld County, the Clerk to the Board performs those functions relevant to Board of County Commissioner records actions, which are normally performed by the Clerk and Recorder; therefore, the entire application, as attached, is on file with the Weld County Clerk to the Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this /9-4- day of S\;"/ 2011. v,0: CLERK TO THE BOARD 1161 iftp. 1 'mil DEPUTY CLERK TO THE BOARD M:/Dave B/Ashbaugh/DRMS permit/ClerkCertExhibR.doc EXHIBIT S —Permanent Man-Made Structures Weld County Road 115, a County-maintained graded gravel road extends north-south along the west property line of the Ashbaugh Expansion site. Visual reconnaissance of the proposed gravel excavation and gravel processing areas revealed no evidence of past or present structures, foundations or other man-made features,the site is currently used as pasture. A natural gas pipeline transects the Ashbaugh property. The approximate pipeline alignment runs Northwest— Southeast and is located approximately 300 feet from the east side of the existing gravel pit boundary. Weld County is attempting to determine if the pipeline is still in service. To avoid potential hazard with the natural gas pipeline, no mining will occur within 200 feet of the pipeline until such time as it is determined whether the pipeline remains charged with hydrocarbon product or is out of service and may be removed. There are no other permanent man-made structures within 200 feet of the Ashbaugh Expansion site. • M:\DAVE B\Ashbaugh\DRMS permittAmendedApplication&Exhibits.doc 4/14/2011 EXHIBIT T. -Proof of mailing notices of Permit Application Please see the attached. M:\DAVE BWshbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 PUBLIC WORKS DEPARTMENT 1 8 6 1 - 2 0 1 1 1111 H Street, P.O. Box 758 Greeley,Colorado 80632 Website: Www.Co.Weld.Co.Us Phone (970) 356-4000, Ext. 3750 WE L 0 11NT Y Fax: (970)304-6497 u PUBLIC NOTICE Weld County Public Works,Attention David Bauer; P.O. Box 758,Greeley,CO (970)304-6496,ext 3750 has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the Ashbaugh Gravel Pit Expansion, and is located at or near Section 15,Township 7 North,Range 59 West , 6th Prime Meridian. The proposed date of commencement is June 2011, and the proposed date of completion is September 2021. The proposed future use of the land is Rangeland. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303)866-3567, or at the Weld County Clerk and Recorder's office; 915 10th Street,Greeley,Colorado,or the above-named applicant. Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4:00 p.m. on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board M:\DAVE B\Ashbaugh\DRMS permit\AshbaughPitExpansionPUBLIC NOIICEdocx ADDENDUM 1—Notice Requirements: Board of County Commissioners Soil Conservation District Colorado Historical Society Adjacent landowners within 500 feet of the site boundaries Notice in newspaper—published once within 10 days of date of application is considered; submitted to DMG; also mail notice to landowners Notice posted at site. M:\DAVE B Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 4/14/2011 ti ` per ` `+ 1.MIN A. " -71-4,: 'Illt:,� • Y t-f. - I a 4.- , L , �.1 }•ftterI r 4 Nati; - - _. y ,_ N TH Castor ! S9-T7N-R59W • p.• Castor Castor 11 ONE MILE A l - irAshbaugh State of Colorado • S15-17N-R59W " 11T"�� t_ . P , ,, _. . . Ashbaugh Archuleta, !re It 4.Ya 7 P. I - a `I 4 it 1 8 6 1 - 2 0 1 1 PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US W E L O N T Y PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 April 27, 2011 Weld County Clerk to the Board P.O. Box 758 915 10th Street Greeley, CO 80632 Re: Weld County Public Works' Ashbaugh Gravel Pit Expansion Additional and Revised Documents for Public review Dear Ms. Gesick: Weld County Public Works requests your assistance in meeting the requirements of the Colorado Division of Mining Reclamation and Safety by placing for public review the attached mining permit application, pursuant to Subparagraph 1.6.2(1)(c). The proposed gravel pit expansion is to be located on private property in Section 15, Township 7 North, Range 59 West, approximately 5 miles southeast of Raymer. Attached are additional documents and revised Exhibits (CAD drawings) for the proposed gravel pit. The Division requires proof of filing for public review; can you please have someone sign receipt of this set of documents and return a copy of this letter to me via County internal mail. Please contact me if you have any questions. Thank you very much for your assistance in this matter, J , ,„„ h` J David Bauer, P.E. County Engineer - Development Received by: Name Date io? Enclosures \(\Y)� `, \ M:\DAVE B\Ashbaugh\DRMS permit\Transmittal Ashbaugh Expansion dots to Weld Clerk to BOCC.doc `� U//- /�/� • 5 - 31I 1 8 6 1 - 2 Oil PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US W E L DL.-C O N T Y PHONE (970) 356-4000,EXT. 3750 FAX: (970) 304-6497 April 21, 2011 Eric Scott Colorado Division of Mining Reclamation and Safety 1313 Sherman Street, Room 215 Denver, Co 80203 Re: Ashbaugh Gravel Pit 110c to 112c Conversion Application Permit 4M-2005-060-2nd Response to Adequacy Review Dear Mr. Scott: In response to your Adequacy review letter of April 21, please review the following: Page 8 Certifications—the original page with blue ink signatures was sent with the last submittal tc the Division; we only have photocopies. Section 6.2 General Requirements,Surrounding Ownership—The previously submitted documents included an exhibit listing all the surrounding parcel ownership. This submittal includes three copies of an annotated Ownership map at the same scale as the other map exhibits. Exhibit C — Pre-mining and Mining Plan Map — This exhibit has been revised to provide the requested label for the natural gas pipeline. The previously submitted text documents included a description of the material crushing and stockpiling area as being located at the existing 110c site. The enclosed 3 copies of the mining map exhibit has been labeled to show that. Exhibit D, Part f, ii -Underlying the sur real sand and gravel deposits found at the Ashbaugh mine site are tuffaceous claystone and lenticular arkosic conglomerates of the White River Formation. These finer-grained claystone materials are white to pale-pink in color. These clay-rich tuffaceous materials have limited utility for road construction and maintenance uses and so will be the lower limit of mining at the site when encountered by the stripping activities. Exhibit S —natural gas pipeline — Weld County believes the pipeline is owned by Noble Energy. Noble Energy has been contacted and was unsure whether the pipe was theirs and was researching their documents. Noble is searching internally for someone with knowledge of the pipe and authority to execute a crossing pipeline agreement. Given the uncertainty therefore, the Exhibits have not been altered to show ownership of the pipe. If the pipeline does in fact belong to Noble Energy, Weld County will request that Noble enter into a pipeline crossing agreement. Due to the fact that Noble is unable to respond in a timely manner, at this time,Weld County requests an extension of the decision date for this Application for Conversion of the Ashbaugh gravel pit 110c permit. Proof of Public Notice - A notarized proof of public notice by publication will be submitted when the 4th week of notices has appeared in the newspaper utilized for all Weld County legal notices. The revised Exhibits have also been placed with our County Clerk and Board of County Commissioners, their notarized letter so stating will be submitted separately. Revised Exhibits are enclosed. If you have any questions, please contact me. Thank you for your assistance with this permit. Sincerely, David Bauer, P.E. County Engineer- Development Enclosures • M.ADAVE B\Ashbaugh VDRMS permitA Ashbaugh Adequacy Response to DRMs.doc x sear # rd '.zaau2ua 4uno3 • TTOz/Ts/s Pint 'sang pAABa :;g a�daad eQ :A.11 D vaa 0 ZISIHX� Z E-' z dVJ'V lId HOIIVHHSV `� A A Q SNHOM �IZSrld�, = a dIHS ?IZEINMO LLNnoD Q'IIM z a w o I�IOIZVOI'Idd� ZIy1IZIad x w ,� a O2 T T 0Z NOISHaAN00 ° O TT T cn o � o wow < OE-, ooz �, o -- z XI Dinz � � w o .D 1:4 PO Ell Z xu< J C� — ` u O E� •o Il Ell Li w `1 W Cin _ _-- - 1 ,--r j —7 ,.---- I ~4 _ —`may t I • + m. tD , _ t7 I r i iii „?t�` ' ` .x M �' I + I Qt9 \ in _)O yu,f�J/ix ( _I -�, ji j.. s •t _ O I f` O 1 O �4 /j•1 �� A/ f I { • m * - _ 4 :-'/ r'. 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