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Home My WebLink About770565 • LIMITED IMPACT i.AD I;Ph.CiAl, (1':-.:--DAY) PERMIT APPLICATION FORM STATE: OF COLORADO Application for Mining Mined Land Reclamation Board and Reclamation Peri•il t_, • Department of Natural Resources Pursuant to C.R.S. 1973, 1313 Sherman Street, Room-723 34-32-101, et seq. Denver, Colorado 30203 LIMITED IMPACT OPERATIONS must disturb LESS THAN ten acres (including all. . roads, stockpile areas and any other surface facilities) over the life of the mine, and must extract LESS THAN 70,000 tons of mineral, overburden or combination thereof per calendar year. If the affected area is some fraction greater than nine acres, be sure NOT to round it up to ten acres in the narratives or elsewhere. SPECIAL (TEN-DAY PROCESSING) operations must disturb LESS THAN ten acres (including all roads, stockpile areas and any other surface facilities) , anr' can ONLY be obtained where a federal, state, county, city, town, or special district contract calls for work to be commenced within a SPECIFICALLY SHORT TIME. TYPE OR PRINT CLEARLY _- • 1. Name of operations Brewer Pit (Pit, mine, or site name) Weld County -- ----- 2. Name of applicant/operator Weld County (Name to be used on permit) 3. Address and phone number of I Weld County Courthouse, 915 - 10th St.___ local offices Greeley, CO 80631 356-4000 4. Address and phone number of general offices 5. Name and phone number of person I Weld County ErEi Weer_ staff members should contact Weld County Engineering Deft_ 356-4000 6. Owner(s) of record of affected Brewer , Edward Oscar land (surface area) Rt . 2 Box 144 (If more than 2, lint below) Ft . Lupton_,,- Colo. $0621 — _ 7. Owner(s) of substance to be mined Brewer, Edward Oscar _ (If more than 2_ list below) Rt . 2 Box 144, Ft . Lupton , Colorado 8. Source of legal right to enter Memorandum of understanding_.______ (Indicate what type of proof is included in E nbi.bit G - lease, deed, notarized letter, etc.) 9. Type of mine & substance to be mined Gravel and Sand (Specify underground, strip, open pit, etc. and substaa:e(s) to be mined) 10. General location & elevation (Miles About 3 miles southwest of Platteville & direction from nearest town & Elev. 4800 _+_ approximate site elevation) 11. County _ J Weld 12.. Acreage of affected lands Less than 10 acres (Total surface acreage ;.o be included in permit)__ `__. -- ---- --- -- 13. Application fee (Sue applicable Rule $125to determine amount) 770565 • y • TYPE OR I'R! ,IT CLEARLY 14. Present land use -� Mining (Gravel nit) (i.e. , agricultural, industrial, etc.) -------- 15. Proposed future land use _Fish & wildlife habi tat (Coal of reclamation) INSTRUCTIONS: This application form must be submitted in duplicate and each form must be accompanied by the following information and items. The application will not be processed until complete. See RULE 3 (for Limited Impact) or RULE 4 (for Special 10-day) for additional guidance. EXHIBIT A - Legal Description The legal description must identify the affected land and be wholly adequate for field location of the property. It can be in the form of metes and bounds survey or a description by reference to township, range, and section to at least the nearest quarter quarter section. Where applicable, the street address or lot number() may be used. EXHIBIT B - Mining Plan This can he a general discussion of the methods, equipment, phases or stages of the operation and those portions of land affected by each. The plan should be closely correlated with the map and should show where extraction will begin, which direction it will proceed. EXHIBIT C - Map This map should be as comprehensive as possible in terms of clearly defining the permit boundaries and indicating all roads or stoci:pile areas to be used in connection with the operation. All immediately adjacent landowners must be shown. The closest quarter section corner, section line, or any other locateable point should also be shown on the map. EXHIBIT D - Wildlife, Water Resources, Vegetation and Soils Information Each of the above-mentioned subjects must be addressed as outlined in the applicable Rule, under item number ten (10) . EXHIBIT E - Reclamation Plan As with the mining plan, this should be a general discussion of the methods, equipment, phases or stages of the reclamation process and those portions of land affected by each. If possible, the plan should be closely correlated with the map. If not, the narrative must be comprehensive enough to draw an accurate verbal picture of the expected physical appearance of the area after completion of reclamation. EXHIBIT F - Proof of Local Government Approval This must be a letter from the local government specifying conformance with existing zoning regulations. EXHIBIT G - Source of Legal Right to Enter This could be a copy of the lease, deed, abstract of title, or current tax receipt. In lieu thereof, a statement acknowledged by a notary public that the operator has the legal right to enter and mine will be accepted. **FOR SPECIAL 10-DAY PERMITS ONLY** EXHIBIT II - Reclamation Costs If the surety is requested to be less than $2500, the operator must submit facts to support such request. Otherwise a surety of $2504:) will automatically be set. EXHIBIT I - Terms of Governmental Contract The operator must submit a copy of the contract or other proof that proves the necessity of a special 10-day permit. The operator must also submit evidence of the surety provided, under the governmental contract, if it was required. -.- NOTICE PROCEDURES After the application has been filed with the Division, notice pro- cedures outlined in Section 3.2 or 4.2 (whichever is applicable) must be followed. ADDITIONAL INFORMATION This space can be referenced for further information of any of the items on this form. • To the best of my knowledge, all the information presented in this application is true and correct. • By Title: 6/ ilia �A (i4 -tt..ra.« -- (Signed b individual legally authorized to bind the operator to this application) I 1 ADDENDUM TO MEMORANDUM :IF UNDERSTANDING DAJ'LU 22nd OF MAY , 19 /5 Eri"IVIJN . VELD COUNTY , COLORADO AND JERRY BREWER The County and Brewer have agreed to expand the gravel extracti.on area into the area shown on the att ached document marked as Exhibit "B" . EXECUTED this f7/ day of .1.'9"- /.'.1\ i ?= , 1975 WELD COUNTY , COLORADO JERRY BREWER 7 lq 7 mac% • 1.1FI•'.i►RAilr)IIFI or :Ifilll_i;', l'I\I)II.lr; • This t•lerirorandum. of Understanding is entered into this ?2nrI___day of . May , A.D. , 1974 by and between Weld County, Colorado (hereinafter referred to as "COUNTY") and Jerry Brewer, Route 1 , Box 144, Ft. Lupton, Colorado (hereinafter referred to as "BREWER") . In order to. achieve cooperation, continuation and achievement of the objective which is of mutual concern, the County and ..Brewer have determined that certain understandings shall take place between them; namely: 1 . Brewer is desirous of excavating gravel to form a lake on property located in Section 36, Township 3N, Range 67',.' Weld County, Colorado. 2. Brewer is desirous of the County excavating the gravel • • and agrees to give same to County along with the necessary right-a-way for ingress and egress. 3. The County has agreed to excavate said gravel from the site shown on the attached photograph marked "Exhibit A" and to • use said gravel as may be determined by the County. 4. It is understood that Brewer will not incur any financial obligations or other liabilities by virtue of entering in to this Memorandum of Understanding. • 5. It is understood that the County will incur no financial obligations other than expenses involved with excavation and hauling of the gravel . 6. The expiration of this Memorandum.of Understanding shall be when excavation and hauling of gravel is completed. • This Memorandum of Understanding has been executed in duplicate each of which shall be an original . • EXECUTED this 22n day of �R'ly 1974 WELD COUNTY, COLORADO • • JERRY BREWER • • • • q4T Vtq .Z' \t v. r 1 rc V i t f x J V LL / _ i7 :la i ..t L r r'-' ✓T •t• Y • h`� � tlJ r` �. C} :"'3 tl l r(.e �i'. 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' i�'� LYL ✓qr }�_."'§i 'iw � / r �7' t ?t i ti ♦ - .•. _ ..A. ll.r v • c , a * f Sr (1T a•• j `rf. .Yyt :f .z.4-.._,.+� N�..., •, .�.,Y „.,..r�� t r y r' .,T.y .-GJ i l " ..� y4a"y' a lI ,.+.'_."„v_ �'_ j ,�ry �} ? '�r ..TV• FAA \p 4i/j/ _... _ ,rd' r • a =i*1/2; 1`)%'V}µ''§W,i 1-a_d'~ Yt L.:4. t� 14 V�i . .. treti:Ca--2.747177:177-7P _ } . „y, i„• .. i` 4 y.•�"l �`e- �rY_ytl r '} if' , �•}I i • ,,, p ,,„ ,,tyl }tt° YF.,.Fk _ •'} , °i.. r p�°1' af\ ^� Y r y`Si ✓3S. 1 ,- 1 YTry� Y to r�r'\ S •• r1 I 1 ',. -„. J v l:;� l • � ' p 7r ..r +f �r,N, <+ (`e"`.fir,a Je k.�. .n a. > ^§� ' ,r�r"r�.'l�\?� •.. ]I��r�? _�" 1^ �v �T 1.4�Yr ;`� p�*•i,r� 4- ('�+ 1tt <E vT ar 1 rtr?' Y`J , 'eG ,.-••i ....,. iya�- ., * a V4 l� ` �. C. `:L.: , j +e4 ii/l i` Z,; 'ei N '°. , R +,t i ,L�h Y`'f 1 Y t' .1 A t N...... ••S:1•• t t V j 1 'jam - N� .-'! ��x:.� t�'•'r- ff.y 'I ... J-ter.�,. r'xr. A,. r'.c \y rr •t;r D n.,' ( i ,! • V 1 ' •i�.�l• 11• .1-"Xa'a . y .e, rh,a .,' �.,1 .4',. ..7;3::-',7O,1,),:)., , ,y,,,S1 1 kcn t _"r ,ir ,ldt , u 1 .1( (, _ na._ T•,.� n: r i 1 , , y ,Y�JT BREWER PIT WELD COUNTY } Exhibit A - Legal Description NWk SWk Sec 36-3N-67W Exhibit B - Mining Plan This is a wet pit operation with gravel extracted by dragline and stock- piled. Loaders are also used. Gravel is hauled directly from the stockpiles. Mining of the sand; and gravel in this pit has been continuous for many years. The pit is almost mined out, with completion expected in the next year or two. Exhibit C - (See County Tax Map) Exhibit D Wildlife - A pond has been created by the extraction of gravel , and has become a habitat of waterfowl intermittently and may be a haven for fish. Areas of agricultural use--pasture and cropland surround; also bordering is a farmstead. Wildlife other than fish and waterfowl is virtually nonexis- tant. Water - Pond is formed by seepage from surrounding area and reflects normal water table for the area. No other source of water is used. Brewer Pit Page 2 Exhibit D (continued) Vegetation - Area is surrounded by cropland or pasture, and also a farm- stead with corrals and buildings. Native vegetation has long since been destroyed in the mined area itself. Soils Soils surrounding the lake are typical shallow soils underlaid by gravel , poorly drained with high water table. There is no topsoil around k(' the lake, having been removed by the mining operation which has been carried k on for many years. • Exhibit E - Reclamation Plan The area will be a pond for fish and waterfowl . Banks will be shaped to a maximum of 3:1 slope. The gravel pit will be abandoned in the next year or so, and will be returned to the owner. To date, no definite plans have been formulated other than those outlined above, since this pit has been in operation for years. The County will cooperate with the owner to leave the pit according to the owner's satisfaction. The local Soil Conservation Service may be consulted for practical recommendations regarding seeding, if any is done. It is pos • - sible that the owners will not want to attempt seeding of the pond banks if used for fishing, and since no topsoil is available. t yt = 4 W I . • i I' b. L. y� n r x a _ II R y d yl i: t M' Sr "11.7-771:7-; y[.. G - :; �\ 3 T YL Plm ` • '::1 11 *414# �.. • ..„„... r w <, +a��J �. . I , .....,44, ,...,... i 4 pai4. ,.. ,. t, .,x, � a ?day } ^R, i ____ — __ 9 ii 44 { e.. , .r �!• ��.� r CL°�'s'° 1'i�■ tea, ._ F•a.� alt '�f • LIMITED IMPACT AND SPECIAL (TEN-DAY) PERMIT APPLICATION FORM STATE OF COLORADO Application for Mining Mined Land Reclamation Board and Reclamation Permit, Department of Natural Resources Pursuant to C.R.B. 1973, 1313 Sherman Street, Room-723 34-32-101, et seq. Denver, Colorado 80203 LIMITED IMPACT. OPERATIONS must disturb LESS THAN ten acres (including all roads, stockpile areas and any other surface facilities) over the life of the mine, and must extract LESS THAN 70,000 tons of mineral, overburden or combination thereof per calendar year. If the affected area is some fraction greater than nine acres, be sure NOT to round it up to ten acres in the narratives or elsewhere. SPECIAL (TEN-DAY PROCESSING) operations must disturb LESS THAN ten acres (including all roads, stockpile areas and any other surface facilities) , an can ONLY be obtained where a federal, state, county, city, town, or special district contract calls for work to be commenced within a SPECIFICALLY SHORT TIME. • TYPE OR PRINT CLEARLY 1. Name of operations Firestien Pit (Pit, mine, or site name) Weld County 2. Name of- applicant/operator Weld County (Name to be used on permit) 3. Address and phone number of Weld County Courthouse, 915 - 10th St. local offices Greeley, CO 80631 356-4000 4. Address and phone number of general offices 5. Name and phone number of. person Weld County Engineer staff members should contact 356-4000 6. Owner(s) of record of affected Mary Firestien _ land (surface area) (If more than 2, list below) 7. Owncr(s) of oubstance to be mined Same (If more. than 2, list below) 8. Source of legal right to enter Easement (Indicate what type of proof is included in Exhibit G - lease, deed, notarized letter, etc.) 9. Type of mine & substance to be mined Open Pit, sand, gravel , roadmakinn, & (Specify underground, strip, open pit, building material etc. and substance(s) to be mined) 10. General location & elevation (Miles About 1 mile southwest of Farmers Spur, Weld & direction from nearest town & Co. , or about 5 miles west, 1z North of approximate site elevation) Greeley. Elev. 4680+ 11. County Weld — 12. Acreage of affected lands Less than 19 acres (Total surface acreage to be included in permit) 13. Application fee (See applicable Rule $125 to determine amount) .eoa,Pd /4E-en/zit v /%/7J -2- TYPE OR PRINT CLEARLY 14. Present land use (i.e. , agricultural, industrial, etc.) - - 15. Proposed future land use (Goal of reclamation) ,_.......... .a,... a-. .� - _.___ INSTRUCTIONS: This application form must be submitted in duplicate and each form must be accompanied by the following information and items. The application will not be processed until complete. See RULE 3 (for Limited Impact) or RULE 4 (for Special 10-day) for additional guidance. EXHIBIT A - Legal Description The legal description must identify the affected land and be wholly adequate for field location of the property. It can be in the form of metes and bounds survey or a description by reference to township, range, and section to at least the nearest quarter quarter section. Where applicable, the street address or lot number(s) may be used. EXHIBIT B - Mining Plan This can be a general discussion of the methods, equipment, phases or stages of the operation and those portions of land affected by each. The plan should be closely correlated with the map and should show where extraction will begin, which direction it will proceed. EXHIBIT C - Map This map should be as comprehensive as possible in terms of clearly defining the permit boundaries and indicating all roads or stockpile areas to be used in connection with the operation. All immediately adjacent landowners must be shown. The closest quarter section corner, section line, or any other locateable point should also be shown on the map. EXHIBIT D - Wildlife, Water Resources, Vegetation and Soils Information Each of the above-mentioned subjects must be addressed as outlined in the applicable Rule, under item number ten (10) . EXHIBIT E - Reclamation Plan As with the mining plan, this should be a general discussion of the methods, equipment, phases or stages of the reclamation process and those portions of land affected by each. If possible, the plan should be closely correlated with the map. If not, the narrative must be comprehensive enough to draw an accurate verbal picture of the expected physical appearance of the area after completion of reclamation. EXHIBIT F - Proof of Local Government Approval This must be a letter from the local government specifying conformance with existing zoning regulations. EXHIBIT G - Source of LesaA Right to Enter This could be a copy of the lease, deed, abstract of title, or current tax receipt. In lieu thereof, a statement acknowledged by a notary public that the operator has the legal right to enter and mine will be accepted. **F0R SPECIAL 10-DAY PERMITS 0NLY** EXHIBIT H - Reclamation C;tsts If the surety is requested to be less thah $2500, the operator must submit facts to support such request. Otherwise a surety of $2500 will automatically be set. EXHIBIT I - Terms of Governmental Contract The operator must submit a copy of the contract or other proof that proves the necessity of a special 10-day permit. The operator must also submit evidence of the surety provided under the governmental contract, if it was required. NOTICE PROCEDURES After the application has been filed with the Division, notice pro- cedures outlined in Section 3.2 or 4.2 (whichever is applicable) must be followed. ADDITIONAL INFORMATION This space can be referenced for further information of any of the items on this form. To the best of my knowledge, all the information presented in this application is true and correct. ; 1 Sy: 47d-- Title: „.7e. / 7�Jcae (Signed by individual legally authorized to bind t e Operator to this application) FIRESTIEN PIT WELD COUNTY Exhibit A - Legal Description East half of the Southwest quarter of Section 32, Township 6 North, Range 66 West, Weld County, Colorado. Exhibit B - Mining Plan Mining operation will be essentially a dry pit operation with gravel stockpiled for use as base material for roads. A crusher may or may not be used, depending upon particular needs of the county at various times. Bull- dozer and loader will be main equipment used. As gravel is extracted to the level of the surrounding area the land will be leveled to conform with the surrounding area. At the discretion of the County, gravel may be extracted below surrounding area as a wet pit operation if needed, and if the gravel present at that level is of desired quality. Exhibit C - (See County Tax Map Firestien Pit Page 2 Exhibit D - Wildlife, Water Resources, Vegetation & Soils Wildlife - No wildlife of any significance occupy the area involved, as there is very little food or cover present. Water Resources - No surface water is present on the lands, no subsur- face water will be affected. Vegetation - Natural vegetation consists of short prairie grasses - blue gramma, and/or sideoats, gramma, prairie cacti . No trees. Annual weeds are sparsely present. Vegetation present shows suffering from drouth. Soils - The area being mined is part of an escarpment adjacent to the Poudre River, consisting of silty loam soil varying in depth of 0 to 3 feet over the area depending on .location relative to bordering uplands on the south. These soils are underlaid by gravel , and by nature are drouthy. The capability of these soils would be Class VI, suitable mainly for pasture, and being recognized as a source of gravel for industrial uses. Exhibit E - Reclamation Plan Slopes of the reclaimed area to be used as dryland pasture will conform to slopes of the surrounding land. Slopes from upland areas to reclaimed area will be a maximum of 2:1 . If a pond is created by the extraction process it will become a wildlife habitat which will become part of the total system included in the nearby Poudre River. Side slopes of any pond will be sloped to a maximum of 3:1 and covered with a minimum of 6" of topsoil , reseeded to a mixture of which will include a selection from following grasses: • Firestien Pit Page 3 Exhibit E (continued) Western Wheatgrass Switchgrass Tall Wheatgrass Tall Fescue Alkalie Sacatan On the areas which will be returned to pastureland, topsoil to a minimum depth of 6"will be replaced, and reseeding will be done using a mixture from the above list, subject to changes recommended by USDA SCS at time of reseeding. Rates & dates of seeding as well as seeding methods will conform to recommended practices of USDA SCS office servicing the local Soil Conserva- tion District. • Eu h ; 61 f G• Firesit/an R'L --- In - _ .-4 THIS AGREEMENT , Made this 8th day of February, A. D. 1967 , by and between MARY FIRESTIEN of Weld County, Colorado , party of cv the first part , and Weld County, in the State of Colorado , a ea o municipality, party of the second part : CD 0 WITNESSETH: eThe party of the first part, for and in consider- ation of Nine Thousand ($9,000 .00) Dollars , to first party in hand NI %, paid by the party of the second part , the receipt whereof is hereby confessed and acknowledged , does hereby bargain , sell and convey unto the party of the second part , its successors and assigns , the right to remove all gravel, sand and road-making and building malcrial. which it shall be, able to remove from the following described lands , c ;, situate in the County of Weld and State of Colorado , Lo-wit : A tract of land located in the South One-Half ( Si) of Section 4i 32, Township 6 North, Range 66 West of the Sixth. Principal Meridian, County of Weld, Colorado, being more particularly cn described as follows : 6 Commencing at the Southeast Cornet (SE Cor . ) of said Section 32. and considering the East line of the Southeast Quarter ( EEl) r'! said Section 32 to bear North 01 ° 28 ' 59" East with all bearings contained herein relative thereto ; Thence North 01 ° 28 ' 59" mael along said East line of the Southeast Quarter ( Sfli.) of Section 32 a distance of 1335. 20 feet to the Northeast Corner . (NE Cor . ) of the Southeast Quarter ( SE4) of the Southeast Quarter ( SEA-) of said Section 32; Thence North 85° 37 ' 56" West 1367 .40 feet to the True Point of Beginning ; Thence South 88° 45 ' 46" West , 319. 66 feet ; Thence South 88° 12 ' 41 " West , 796 .02 feet ; Thence Soutn 45° 47 ' 11 " West , 263 .69 feet ; Thence South 51'10 1r7 ' 11 " Woo 132 . 50 feet ; Thence North 85° 53' 2h" West, 123'. 55 feet ; Thence North 59° 51 ' 59" West , 255. 50 feet ; Thence North 06 21 ' 56" East , 333 . 93 feet ; Thence North 670 39 ', 41-1 " East, 3011 .07 feet ; Thence North 31 ° 19' 31 " East , 93.65 feet; Thence North ° 30 ' 01 " East,' 286. 77 feet ; Thence North 82° 40 ' 26" East, 167 . 90 feet ; Thence North 69° 47 ' 11 " East , 151 . 10 feet ; Thence North 77° 31 ' 41 " East , 186 .77 feet ; Thence North 88° 49' 56" East , 160. 19 feet ; Thence South 69° 26 ' 04" East , 593 . 74 feet ; Thence South 02° 07 ' 36" West, 486.06 feet to the True Point of Beginning , containing 211 .622 acres . The party of the first part agrees to furnish the party of the second part a right-of-way for ingress and egress . Weld County, as a further consideration for this Deed and by acceptance thereof , agrees that said tract of land shall be excluded further ssessment for taxes ; the first party hereby granting to the party of tiu second part the right to enter upon said lands at any time hereafter and to excavate a tov6 therefrom all gravel sand and earthen material which it shall find suitable to its needs , toget er with the rights and-privileges incident to the proper enjoyment thereof . This instrument shall give no title to said land , and shall only give the right to remove therefrom the part of the surface thereof as hereinabove set forth. This contract shall be binding, upon and inure to the benefit of the heirs , administrators , and assigns of the party of the first part , and the successors and assigns of the party of the second part . (SEAL) Mary F estien PA-wen? "' I - n . . a""."^'�'^^'"" •, lT�+w.,.r .,. «.«»..r.... ne'''''P'rr; ,oaTtp4,'J-*''''•"''''tn q+,'w.,n 1k 4 t �.` • Ea". _A —.-t �..o.. t 7 xy v 91/rr q a f :."-' 11 . -miinidies 4 t Y. �iIL4•�l • 3* a Aj "� +rR ms's" ID, \ 1V 1`y 4 '�, A i \ "" .� . - w. £ r` 04 Lw j Ix 1 Y i Y9 ''mrf'e � A :ux` :. ^'•. Y ' +,, k i �f. i • S 'r !n ' • �� • 4 R nd `A p '!" A id. - . a 1165"7"F _ M _ `� {., ',lit, ' ,♦. y _, , Al �e., ,a , a j +ap�n.. ,.r • F Y a ' r'ylE�7 . •Th "\ r` ar .. ;N LIMITED IMPACT AND SPECIAL (TEN--DAY) PERMIT APPLICATION FORM STATE OF COLORADO Application for Mining Mined Land Reclamation Board and Reclamation Permit, Department of Natural Resources Pursuant to C.R.S. 1973, 1313 Sherman Street, Roon,_723 34-32-101, et seq. Denver, Colorado 80203 LIMITED IMPACT OPERATIONS must disturb LESS THAN ten acres (including all roads, stockpile areas and any other surface facilities) over the life of the mine, and must extract LESS THAN 70,000 tons of mineral, overburden or combination thereof per calendar year. If the affected area is some fraction greater than nine acres, be sure NOT to round it up to ten acres in the narratives or elsewhere. SPECIAL (TEN-DAY PROCESSING) operations must disturb LESS THAN ten acres (including all roads, stockpile areas and any other surface facilities) , ant' can ONLY be obtained where a federal, state, county, city, town, or special district contract calls for work to be commenced within a SPECIFICALLY SHORT TIME. • TYPE OR PRINT CLEARLY • 1. Name of operations Bernhardt Pit (Pit, mine, or site name) Weld County 2. Name of applicant/operator Weld County. Colorado (Name to be used on permit) 3. Address and phone number of Weld County Courthouse, 915 - 10th St. local offices Greeley, CO 80631 356-4000 4. Address and phone number of general offices 5. Name and phone number of person Weld County Engineer staff members should contact Weld Co'.' Engineering Dept. 365-4000 6. Owner(s) of record of affected Ben Bernhardt & Esther Bernhardt land (surface area) (If more than 2, list below) 7. Owncr(s) of substance to be mined Same. as 4" , abev-,._ (If more than 2, list below) 8. Source of legal right to enter Easement between Ben and Esther _ (Indicate what type of proof is included in Exhibit G - lease, deed, Bernhardt & Weld County. notarized letter, etc.) 9. Type of mine & substance to be mined Gravel , sand, roadmakinq and building (Specify underground, strip, open pit, material etc. and substance(s) to be mined) 10. General location & elevation (Miles Located 1k miles south of Milliken. & direction from nearest town & 4800 Ft. Elev. approximate site elevation) 11. County Weld 12. Acreage of affected lands less than 10 acres • (Total surface acreage to he included in permit) 13. Application fee (See applicable Rule $125 to determine amount) _ Tame') /K f ��/z7,47 _2- • TYPE OR PRINT CLEARLY 14. Present land use Mining (i.e. , agricultural, industrial, etc.) 15. Proposed future land use Agricultural (Goal of reclamation) INSTRUCTIONS: This application form must be submitted in duplicate and each form must be accompanied by the following information and items. The application will not be processed until complete. See RULE 3 (for Limited Impact) or RULE 4 (for Special 10-day) for additional guidance. EXHIBIT A - Legal Description The legal description must identify the affected land and be wholly adequate for field location of the property. It can be in the form of metes and bounds survey or a description by reference to township, range, and section to at least the nearest quarter quarter section. Where applicable, the street address or lot number(s) may be used. EXHIBIT B - Mining Plan This can be a general discussion of the methods, equipment, phases or stages of the operation and those portions of land affected by each. The plan should be closely correlated with the map and should show where extraction will begin, which direction it will proceed. EXHIBIT C - Map This map should be as comprehensive as possible in terms of clearly defining the permit boundaries and indicating all roads or stockpile areas to be used in connection with the operation. All immediately adjacent landowners must be shown. The closest quarter section corner, section line, or any other locateable point should also be shown on the map. EXHIBIT D - Wildlife, Water Resources, Vegetation and Soils Information Each of the above-mentioned subjects must be addressed as outlined in the applicable Rule, under item number ten (10) . EXHIBIT E - Reclamation Plan As with the mining plan, this should be a general discussion of the methods, equipment, phases or stages of the reclamation process and those portions of land affected by each. If possible, the plan should be closely correlated with the map. If not, the narrative must be comprehensive enough to draw an accurate verbal picture of the expected physical appearance of the area after completion of reclamation. EXHIBIT F - Proof of Local Government Approval This must be a letter from the local government specifying conformance with existing zoning regulations. EXHIBIT G - Source of Legal Right to Enter This could be a copy of the lease, deed, abstract of title, or current tax receipt. In lieu thereof, a statement acknowledged by a notary public that the operator has the legal right to enter and mine will be accepted. **FOR SPECIAL 10-DAY PERMITS ONLY** EXHIBIT H - Reclamation Costs If the surety is requested to be less than $2500, the operator must submit facts to support such request. Otherwise a surety of $2500 will automatically be set. EXHIBIT I - Terms of Governmental Contract The operator must submit a copy of the contract or other proof that proves the necessity of a special 10-day permit. The operator must also submit evidence of the surety provided under the governmental contract, if it was required. -3- NOTICE PROCEDURES After the application has been filed with the Division, notice pro- cedures outlined in Section 3.2 or 4.2 (whichever is applicable) must be followed. ADDITIONAL INFORMATION This space can be referenced for further information of any of the items on this form. To the best of my knowledge, all the information presented in this application is true and correct. Sy: 1dti Title: (Signed by in ividual legally authorized to bind the operator to this application) BERNHARDT PIT WELD COUNTY Exhibit A - Legal Description A tract of land less than 10 acres located in the Southwest quarter of the Northwest quarter of Section 18, Township 4 North, Range 66 West, Weld County , Colorado. Exhibit B - Mining Plan This is a dry pit operation. Bulldozers & loaders will be used primarily in this operation. A crusher 'may be used if needed. Gravel will not be extracted below normal groundwater level . Exhibit C - (See attached Weld County Tax Map) Exhibit D - Wildlife, Water Resources, Vegetation & Soils Information Wildlife - Mining has been going on in this area since 1958, and does not affect wildlife in the area due to the small size of the area involved in relation to the South Platte River which is nearby. There are marshes Bernhardt Pit Page 2 Exhibit D (continued) and trees along the south part of the area, and trees border along the west. There may be occasional deer passing through, as well as an occasional phea- sant, native birds and ground rodents native to the area. Water - Drainage of upland areas will not be affected. Groundwater will not be altered. Vegetation - Native vegetation has been altered in the affected area since 1958 by the mining operation. Small willow & cottonwood occupy some of the land to the west. Cropland borders on the north side, with Farmstead lots on the east. the area south has marshy lands -- cattails, willows, and cottonwoods with native grasses intermixed in areas adjacent to the South Platte River. Soils - The area concerned has had the meager topsoil already removed by gravel mining activities to the extent that only gravel is present, in depths of estimated 10+ to normal watertable. Exhibit E - Reclamation Plan No mining will be done below normal water level . The mined area will be smoothed to permit travel of machinery and equipment. Specific plans or agreements between the County and landowner have not been finalized at this date toward reclamation of the area involved. Conversion to pasture or cropland or other will depend upon availability of topsoil to cover the area to a depth which will support crops or grasses. Bernhardt Pit Page 3 Exhibit E (continued) Since no gravel is to be extracted below normal groundwater level , the planned reclamation will depend also upon the depth of the water table when the land is smoothed. At the time that these determinations can be made, then decisions as to best and/or desired land use by the owners will be made as to cropping or reseeding plans or other land use, and will be done according to recommen- dations of the USDA Soil Conservation Service serving the area. E /A `� L LVi L JN l � xn; 6, ilikk �.U' ('AI,t".�� ^ Btr., hacrdd- THIS AGREEMENT, Made this 25th day of November • A. D. 1958 , by and between Ben Bernhardt and Esther P. Berhhardt of Weld County, Colorado, parties of the first part, and Weld County, in the State of Colorado, a municipality,.-party of the second part: WITNESSETH: The parties of the first part, for and in consideration of Eight Hundred and Eighty Eight and No/100 ($888.00)- - - - - - - Dollars, to first parties in hand paid by the party of the second part, the receipt whereof is hereby confessed and acknowledged, do hereby bargain, sell and convey unto the party cf the second part, its successors and assigns, the right to remove all gravel , sand and read-making and building material which it shall be able to remove from the fol- lowing described lands, situate in the County of Weld and State of Colorado, to-wit: A plat of ground 240 feet wide along_,the_East side of a_plat descjibed as Part of the SW#NW : Sec 18 T4 R66, n 4s Beg at --h' cor between 18-4-66 .6, 13-4-67, E30' ,(N70°48P "" E698.8",' N51403' E604.4',,\,N376.7° ,W1160' , to point on W line/886.7' to beg, containing 2.22 acres, more or less. ec 8, S along W line k+ » n It is agreed that no gravel will be taken below normal water level. J Weld County, as a further consideration for this Deed and by acceptance thereof, agrees that said tract of land shall be excluded from further assessment for taxes; the first part ies hereby granting to the party of the second part the right to enter upon said lands at any time hereafter and to excavate and remove therefrom all gravel, sand and earthen material which it shall find suitable to its needs, together with the rights and privileges incident to the proper enjoyment thereof. This instrument shall give no title to said land, and shall only give the right to remove therefrom the part of the surface thereof as hereinabove set forth. This contract shall be binding upon and inure to the benefit of the heirs, administrators, and assigns of the parties of the first part, and the successors and assigns of the party of the second part. • , "j t._ -7C:CL (SEAL) b .Z.�, ...1 J� JJ'L 2 -c,.J C.'lG.� ._ (SEAL) STATE OF COLORADO ) ) ss. County of WELD ) SEAL Subscribed and sworn to before me this 25th day of November A.D. 19 ...58., crye r li:, i Notary Pub i Mry. Commission expires ry c(4Ut', ACCEPTED:_ J WELD C NfY, AD9, ATTEST: �. A , 1 COUNTY CLERK' c. BY: / , A X Deputy. County �7.. ITS BOARD OF COUNTY COMMISSIONERS • ; . � , •p 0 r .7w�!r _.. THIS AGREEMENT,. Made this 1st day of March A. 0. 1960 , by and between Ben Bernhardt and Esther P. Bernhardt of Weld County, Colorado, parties of the first part, and Weld County, in the State of _ Colorado, a municipality, party of the second part: WITNESSETH: The parties of the first part, for and in consideration of - - - - Fifteen Hundred Forty Four and No/100 ($1,544.00) Dollars, to first 'parties in hand 'paid by the party of the second part, the receipt whereof is hereby confessed and acknowledged, do hereby bargain, sell and convey unto the party cf the second part, its successors and assigns, the right to remove all gravel, sand and road-making and building material which it shall be able to remove from the fol- lowing described lands, situate in the County of Weld and State of Colorado, to-wit: A plat of ground laying:immediately West of the plat covered under Easement dated November 25, 1958, more 440' 240' particularly described as follows: Beginning at the i `" "T"_ - Northwest corner of the above mentioned plat; thence, West 440 feet; thence, SoUth 430 feet; thence, East w .- 440 feet; thence North 335 feet, to the point of beg- v D�•N; • c+ innina, located in part of the SW-.tNW- of Section 18, 7 r. �. Twp 4 N, R 66 W., containing 3.86 acres,, more or less. �- a a co It is agreed that no nravel will be taken below normar4 water level . ~ ,r •j . 1. ,1. . Weld County, as a further consideration for this Deed and by acceptance.thereof, agrees that said tract of land shall be excluded from further assessment for taxes; the first parties hereby granting to the party of the second part the right to enter upon said lands at any time hereafter and to excavate and remove therefrom all gravel, sand and earthen material .which it shall find suitable to its needs, together with the rights and privileges incident to the proper enjoyment thereof. This instrument shall. give no title to said land, and shall only give the right to remove therefrom the part of the surface thereof as hereinabcve set forth. This • contract -shall be binding upon and inure to the benefit of the Heirs, administrators, and assigns of the parties of the first part, and the successors and assigns of the party of the second part. .. .01_42..:.s....,..;.02ar, -:.:J.11.4-4:."-.. - .. ... ...... (SEAL) . t7 i 1 / ' (.-4 - ,j-� 'r <. (SEAL) STATE OF COLORADO ) ) ss. • is County of WELD ) ' •SEAL ....,..� -• Subscribed and sworn to before me this .,.. 4th.., , day of March , A.D.•' 19,;•!4,..+1 _ l / j • ;.':,,,,,• ,...e.,...0.„ :f�, r / < l.C::...r r ! </. ' • /` `Gi ' l rif^of-17 rrt{r rrr r C J ?, 1 k 1 Notary/Public to....My�Gt1nun M1.53 to f e xp it e s ACGt$PEdF Ga�,,`�� WELD COU C •ORAD ( -' • i ' .. I; ,,,i---:'•'.41'."1/.-....1.1 s' .!.1 .-. l NTY, 0, ATTEST: l ��:, • .. C;1 v ,, ///y/- ./:- COUNTY CLERK n t ___., • f- y ; "7"'r Int-r 1 :Y `, 'c '� , ,/ Deputy' County Cle•,k%, "'" • f X111 44... ...;, ITS BOARD OF COUNTY IMISSIONERS ;r THIS AGREEMENT, Made this 17th day of JANUARY A. D. 19 61 , by and between Ben Bernhardt and Esther P Bernhardt ' of Weld County, Colorado, parties of the first part, and Weld County, in the State of Colorado, a municipality, .party of the second part: WITNESSETH: The parties of the first part, for and •in consideration of - - -Thirty-five Hundred and no/100 Dollars, to first part iesin hand paid by the party of the second part, the receipt whereof is hereby confessed and acknowledged, do hereby bargain, sell and convey unto the party •cf the second part, its successors and assigns, the right to remove all gravel, sand and road-making and building material which it shall be able to remove from the fol- lowing described lands, situate in the County of Weld and State of Colorado, to-wit: �l_40;_ — 440' • A plat of ground lying immediately West of the pl f covered under Easement dated March 1,1960, more Easement for pit particularly described as follows: 3/1/60 Beginning at the Northwest corner of the above w mentioned plat; thence West ..440; thence South 810' ; thence East490' ; thence North 490' to the • point of beginning; located in part of the 54 .,;' of the NW1- of Section 18, Township 4 N, Range ; 66 W of the 6th P M., containing 6.94 acres, , ,o! 0 440 _-- more or less: , o L----__________ It is agreed that no gravel will be taken below normal water level. Weld County, as a further consideration for his and by acceptance thereof, agrees that said tract of land shall be excluded om further assessment for taxes; the first part hereby granting to the party of the second part the right to enter upon said lands at any time hereafter and to excavate and remove therefrom all gravel, sand and earthen material'which it shall find suitable to its needs, together with the rights and privileges incident to the proper enjoyment thereof. • This instrument shall give no title to said land, and shall only give the right to remove therefrom the part of the surface thereof as hereinab ve set forth. This contract shall be binding upon and inure to the benefit of the heirs, administrators, and assigns of the part . .,.,of the first part, and the successors and assigns of the party of the •second part. _ _ . , . , •. , (SEAL) . (SEAL) STATE OF COLORADO ) ) ss. t... County of ...WELD.. ) ..:,1- r4 • SEAL Subscribed and sworn to before me this 17th day of ... ..JANUARY ', crs A.D. 19 ...G.1... .-.X,-...-,,.. ...., ., ;L , 2• . bly Commission expires December 26, 1964 Notary Public / .7) My Commission expires z- �J ACCEPTED: WELD COUNTY, COLORADO, 2 , ATTEST: \. ,\r,--,. .J �� ,,--N�tii ...} COUNTY CLERK 1� op BY t --,_;:f."-:-:"Li <-•-.,<4.,1„-//3-7,- ' 9 y .,, Deputy)--County Clerk: ITS BOARD OF JUNTY C M SSIONERS . �. rjw ytY .-.1 �..Tifj0K l54I) PAGE 36U 4.A J c 1 V NT V THIS AGREEMENT, Made this 8th day of DECEMBER' ' A. 0 19 59 , �' by and between Ben Bernhardt ' r oi'Weld County, Colorado,-. party of the first part, and Weld County, in the State of Colorado, a municipality, party of the second part: WITNESSETH: The party . of the first part, for and in consideration of TWO THOUSAND (82,000.00)e - - - - - - - - - - - - - - - - - - - - - - -pollees, to first party in hand paid by the party of the second part, the receipt whereof is hereby confessed and acknowledged, does hereby bargain, sell and convey unto the party of the second part, its Successors and assigns, the right to remove all gravel, sand and road-making and building material which it shall be able to remove from the fel- lowing described lands, -situate in the County of Weld and State of Colorado,. to-wit: A parcel of land located on property described and located as Ey of Section 13, Twp 4 N, R 67 W. This parcel,being located South of the "Hillsborough" ditch,is 2300 feet South of the county road No. 371, is of irregular oval shape and. approximately 1200 feet by 400 feet and contains 8 acres, more or less. (Map attached) The party of the second 'part agrees that no material will be taken within 50 feet of the Hillsborough ditch. The party of the first part agrees to furnish to the party of the second part, a right-of-way for ingress and egress to the pit from the described parcel North to the county road.' Weld County, as a further consideration for this Deed and by acceptance thereof, agrees that said tract of land shall be excluded from further assessment for taxes; the first party hereby granting to the party of the second part the right to enter upon said lands at any time hereafter and to excavate and :semove therefrom all gravel, sand and earthen material- which it ,shall find suitable to its needs, together with the rights and privileges incident to the proper enjoyment thereof. This instrument shall give no title to said land, and shall only give the right to remove therefrom the part of the surface thereof as hereinab ve set forth. This contract shall be binding upon and inure to the benefit of the heirs, administrators, and assigns of the party"r of the first part, and the successors and assigns of the party of the second part.' (SEAL) • ("3EAL) t1L ,f STATE OF COLORADO ) ;i1 ' to ) ss. c-+ County of WELD ) •• • f SEAL Subscribed and sworn to before me this 8th day of DECEMBER` r • A.D. 19 59 otery PubeiXc My Commission expires ACCEPTED: WELD/NIX,NIX, COLORADO ATTEST //7C--- COUNTY CLERK; l co„(' tl , `C '.•, ' � By Via, ., �. n_' Deputy County Clerk: " • r/r; Je ITS BOARD OF "WNTY Ca6NtSSIOMERS — . • •it ' . . /iii 3 * .... r: 14 : - v, ;IL r 04 41- �" *esl� � t z '� t � x pt! 'h.... ,.. "Mk. s r, � S x rX a1' L�a zpy n M q El , � ,, ' `r. r ` ; w a • .� 4. t. i �f, I y► �i ,f' ' y , . ; •,, , ,fit tc1 •C ! .,x,4,.. 4 *i r a-i 1 ,1 ` 4. R. At �1• t Y•y i Lk'• 4 % . . ?g, i . ,.4.04,4 k,,,,.. .. est4 6 .ft# 4.I: - - .... .../ 4, 1 # : ii, ' ' , , e *it � 1. tom. • di .'' { ,r ' `' 'rt.4,. '. 'ink. i 01 AR . Ai. _ ,. 'Sic*4 Ai 1* i a , + 4 4 ,/ ( 1 k R .�. . ... ]y_ dr �•M i A .k. ✓ ,.c f ( t rR A'b.D ' AI I I.# i 4' 7/1°) /mill P51..1.: 1 ! A ° .+w , Hello