HomeMy WebLinkAbout20090890.tiffDEPARTMENT OF PLANNING SERVICES
918 Tenth St Greeley CO 80631
Phone (970) 353-6100 x3540 Fax (970) 304-6498
USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION
a
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
# /AMOUNT # /$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
RECEIPT
To be completed by APPLICANT is accordance with procedural guide requirements:
1
I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning
a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
Legal Description SE 1/4 and the SE 1/4 of NE 1/4
Flood Plain: N/A Zone District: "A" Agri
Section? , Township 5 North, Range 64 West
, Total Acreage: 84.63
Geological Hazard: N/A , Airport Overlay District: Greeley/Weld
2. Surface owner(s) of area of land described
Name: Journey Ventures, LLC.
Name: Address: Greeley, CO 80632
, Overlay District: N/A
Address: PO Box 129 Phone: 970-392-0694
3. Owner(s) of mineral rights or substance to be mined
Name: Journey Ventures, LLC.
Phone:
Address: PO Box 129 Phone: 970-392-0694
Name: Address: Greeley, CO 80632 Phone:
Lc) 9 20 - 0'31-13 - c.
4. Applicant's name: Journey Ventures, LLC. Email Address
Address: PO Box 129, Greeley, CO 80632 Phone:970-392-0694
5. Identify any prior permits for mining held by applicant or affiliated person:
I (We) hereby depose
with or contained within
of property must sig
included
signato,
d -te under penalties of perjury that all statements, proposals, and/or plans submitted
e - • • ication are true and correct to the best of my (our)knowledge. Signatures of all fee owners
ication. If an Authorized Agent signs, a letter of authorization from all fee owners must be
If a corporation is the fee owner, notarized evidence must be included indicating that the
ority to sign for the corporation.
Z/il08
( igna re: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
15
EXHIBIT
1 2
2009-0890
• •
Use by Special Review (Mining Operation)
Questionnaire Responses
•
•
•
The following information addresses each section of the Use By Special Review questionnaire and is
separated into responses for each specific section.
1. A detailed description of the method of mining operation.
The mining process is explained in the attached mining plan and 112 Permit Application that is
currently being reviewed by the State of Colorado Division of Reclamation, Mining, and Safety.
A water truck will be used to treat all on -site areas (haul roads, aggregate processing area, etc.) in
order to suppress dust.
a. The types and numbers of structures that will be erected (built) on site including operation
and processing equipment to be employed.
Aggregate Mining/Processing Facility:
The operation will include a dry screen, a crusher, an electrical/control trailer, conveyors, and
stacking facilities as shown on the Extraction Plan map. All aggregate will be mined with an
excavator, dozer, and/or loader with the raw product being conveyed to the processing facility via
haul trucks and conveyors. A scale and scale operator trailer are located at the entrance to the
aggregate processing facility area.
No lighting is currently being used or is anticipated to be used for this processing facility.
Concrete Batchinq Facility:
The operation will include a concrete batching facility as shown on the Extraction Plan map. This
facility will include a cement silo, a flyash silo, aggregate bins, and conveyors that will feed into
the batch plant. A screening fence will be located around the area immediately adjacent to the
batch plant.
A downcast yard light will be installed on the top of the cement silo as shown on the Batch Plant
Area map for use only when delivery of cement and/or flyash occurs during darkness. No other
lighting will be required for this batching facility. No direct illumination from this yard light will fall
beyond the limit of the site.
Designated locations for concrete truck washout and excess concrete product dumping will be
provided to ensure that waste materials are recycled and kept from entering the stormwater flows
on the site.
The concrete truck washout area will be a 30 foot by 20 foot three cell concrete structure.
Concrete trucks will wash the residual product from their mixing drums and chutes into the first
cell of the structure. The first cell spills into the second cell, which spills into the third cell. This
allows the aggregate and suspended fines to settle into the cells over time. The water and settled
material in the three cells is then removed as required and recycled into the concrete batch plant.
Generally, the cells are cleaned on a weekly schedule.
The excess product dumping area will be approximately 50 feet by 100 feet and have an exterior
berm to limit the migration of stormwater flows to and from the surrounding areas. Excess product
that is deposited in this area will be allowed to cure for approximately 90 days until it becomes
inert. It will then be crushed and recycled.
tJET Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
• •
Use by Special Review (Mining Operation)
Questionnaire Responses
Asphalt Batchinq Facility:
The operation will include an asphalt batching facility as shown on the Extraction Plan map. This
facility will include two asphalt storage tanks, a baghouse, a mixing drum, aggregate storage bins,
a lime silo, four bituminous pavement storage silos, a scale, a scale operator trailer,
electrical/control trailer, and conveyors.
A downcast yard light will be installed on the top of the asphalt tank as shown on the Batch Plant
Area map for use only when delivery of asphalt occurs during darkness. No other lighting will be
required for this batching facility. No direct illumination from this yard light will fall beyond the limit
of the site.
•
•
b. The number of shifts to be worked and the maximum number of employees.
Aggregate Mining/Processing Facility:
One shift will be worked with a maximum of 6 employees.
Concrete and Asphalt Batchinq Facilities:
Normal operation will be one shift worked with a maximum of 6 employees for each facility.
Because federal highway paving projects are often required to conduct their work activities at
night to minimize the impacts to traffic flows, the batching facilities may occasionally operate
during second and third shifts if work on these types of projects is done with a maximum of 12
employees.
c. Whether the operation will involve a wet or dry pit.
The aggregate mine operation will be conducted as a dry pit.
d. County roads and bridges to be utilized, along with site entrance/exit points. (Coordinate
with County Engineer).
All traffic to and from the site will use Weld County Road 53 and Weld County Road 58. One
entrance to the pit will be on Weld County Road 58. There will be one entrance to the aggregate
processing facility, the concrete batching facility, and the asphalt batching facility as shown on the
Extraction Plan map.
All commercial traffic exiting the site will travel east on Weld County Road 58 to Weld County
Road 53 and then south to US Hwy 34 or north to Weld County Road 60.5 (Formerly State Hwy
263). All commercial traffic, with the exception of local deliveries, will then proceed east or west
on US Hwy 34 or Weld County Road 60.5 (Formerly State Hwy 263).
Commercial traffic entering the site will originate from US Hwy 34 or Weld County Road 60.5
(formerly State Hwy 263). Traffic from US Hwy 34 will travel north on Weld County Road 53 to
Weld County Road 58 and west on Weld County Road 58 to the site entrance. Traffic from Weld
County Road 60.5 (formerly State Hwy 263) will travel south on Weld County Road 53 to Weld
County Road 58 and west on Weld County Road 58 to the site entrance.
-' JxT Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
• •
Use by Special Review (Mining Operation)
Questionnaire Responses
•
•
•
e. The size of the area and stages to be worked at any one time.
The area that is included in the permit boundary is 84.63 acres 70.16 acres within the permit
boundary are to be mined and reclaimed As shown on the Extraction Plan map the mine will
progress in phases. 1 to 2 phases will be actively mined at any given point in time after Phase 1
and Phase 2 are mined. The phases range in size from approximately 3.18 acres to 19.07 acres.
f. A time table giving the periods of time and number of phases to be worked, which will be
required for the various phases of the operation.
9•
There will be 11 phases of mining. Journey Ventures, LLC anticipates mining and reclaiming the
site in approximately 25 years. Annual production is expected to be 250,000 tons depending on
market demands. This production rate translates to 16 to 60 months of time required to mine
each phase. Reclamation will progress concurrently with the mining activity as each phase is
completed.
The depth and thickness of the mineral deposit to be mined and the thickness of
overburden to be removed.
The final depth of the pit will vary from 55 to 80 feet. Overburden thickness ranges from 2 to 5
feet throughout the site. The gravel deposit thickness ranges from 0 to 80 feet. See the attached
soils investigations by Terracon and JA Cesare & Associates, Inc. for more detailed information.
h. The proposed use of reclaimed lands and an explanation of the reclamation process.
The mine will be reclaimed as a lined water storage reservoir. The reclamation process is
explained in the attached reclamation plan submitted to the State of Colorado Division of
Reclamation, Mining, and Safety.
i. The source of technical advice in that type of reclamation for open cut mining land.
The sources of technical advice for this type of reclamation are the West Greeley Soil
Conservation Service and J&T Consulting, Inc.
2. A statement which explains how the proposal is consistent with the Weld County
Comprehensive Plan.
Section 22-5-80 of the Weld County Comprehensive Plan, paragraph A. CM.Goal 1 states "Conserve
lands which provide valuable natural mineral deposits for potential future use in accordance with state
law." This site contains a valuable commercial deposit of sand and gravel located in the alluvium of
the South Platte River which is available for extraction.
Paragraph B CM.Goal 2 states "Promote the reasonable and orderly development of mineral
resources. There are other mines are within one -quarter mile or less of the site. This indicates that
the parcel proposed to be mined in this permit application is in a reasonable area for sand and gravel
extraction activities and the orderly development of the resource can occur.
3. A statement which explains how the proposal is consistent with the intent of the district in
which the use is located.
This site is in the "A" Agricultural Zone District. Section 23-3-40 of the Weld County Code, paragraphs
A. 3. and A. 4. list "Open pit MINING and materials processing as "mineral resource development
facilities" allowed by obtaining a Use by Special Review permit. The proposed use of the site as an
aggregate mine is consistent with this guideline.
-' Jor Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
• •
Use by Special Review (Mining Operation)
Questionnaire Responses
•
•
•
4. If applicable, a statement which explains what efforts have been made, in the location decision
for the proposed use, to conserve productive agricultural land in the agricultural zone district.
According to the "Important Farmlands of Weld County Colorado" map prepared by the USDA - Soil
Conservation Service and Colorado State University Experiment Station, the site is located in the
"Irrigated Land (Prime), "Irrigated Land (Not Prime)", and "Other Land" categories of farmland. The
majority of the permit boundary is within the "Irrigated Land (Not Prime) as indicated on the map.
5. A statement which explains there is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the County.
Journey Ventures, LLC will follow The Design Standards in the Weld County Code (Section 23-2-
240), and the Operation Standards (Section 23-2-250), which provide adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the neighborhood and the County.
6. A statement describing the existing surrounding land uses and explaining how the proposal
will be compatible.
The surrounding land uses include irrigated agriculture land to the north, south, and west, pasture
land to the east, and several homes to the south. The site is bounded by Weld County Road 51 on
the east and Weld County Road 58 to the south. There is an existing gravel pit 1.5 miles west of the
site and an existing gravel pit 3.5 miles northwest of the site.
Sand and gravel operations are located in areas similar to this along the Cache La Poudre and South
Platte River corridors as evidenced by other mines being in close proximity to this site. The end use
for the site will be a lined water storage reservoir which is compatible with the agricultural nature of
the general area.
7. A statement describing the existing land use.
Current Parcels:
Of the two current parcels, the large parcel is operating as an agricultural pasture that is grazed by
cattle and horses. Three oil/gas wells and a two tank batteries are located on the large parcel. One of
the wells and tank batteries are to be re -located in the future pending approval of final surface use
agreements. The surface use agreements with the pertinent oil/gas company are attached in draft
form. The agreements are in the stage of preliminary approval. All proposed well and tank battery
locations have been provided to the oil/gas company as shown in the extraction plan. The final
recorded versions of these agreements will be forwarded to the County when they are obtained.
The small parcel is currently a residence with out buildings and livestock corrals.
8. Describe, in detail, the following:
a. How many people (employees, visitors, buyers, etc.) will use this site?
There will be a maximum of 18 employees on the site on any given day. The average number of
employees per day will be 15. There will be approximately 10 visitors per week on the site, which
equates to 2 visitors per week day. It is likely the visitor trips will not occur during the morning and
afternoon peak hours. See section 8.d. for the number of haul/delivery trucks that will access the
site.
ila Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
Use by Special Review (Mining Operation)
Questionnaire Responses
•
•
•
b. What are the hours of operation?
The standard operating hours will be during daylight hours for all facilities on the site. Because
federal highway paving projects are often required to conduct their work activities at night to
minimize the impacts to traffic flows, the aggregate processing and batching facilities may
occasionally operate during night time hours if work on these types of projects is done.
c. What type and how many animals, if any, will be on this site?
There will be no animals on site.
d. What kind (type, size, weight) of vehicles will access this site and how often?
Aggregate Mining/Processing Facility:
Passenger cars, pickups, 16 ton haul trucks, and 22 ton haul trucks will access the site daily.
Occasional access will be made by mechanic's trucks, fuel trucks, etc.
It is anticipated that the passenger cars and pickups, combined, will make a maximum of 8 trips
per day and an average of 5 trips per day to the site.
It is anticipated that the 16 ton gravel trucks will make a maximum of 5 trips per day and an
average of 3 trips per day to the site.
It is anticipated that the 22 ton gravel trucks will make a maximum of 13 trips per day and an
average of 10 trips per day to the site.
It is anticipated that the mechanical trucks, fuel trucks, etc. will make a maximum of 2 trips per
day and an average of 1 trip per day to the site.
Concrete Batchinq Facility:
Passenger cars, pickups, 32 ton (total loaded weight) mixer trucks, and 22 ton product delivery
(cement, flyash) trucks will access the site daily. Occasional access will be made by mechanic's
trucks, fuel trucks, etc.
It is anticipated that the passenger cars and pickups, combined, will make a maximum of 8 trips
per day and an average of 5 trips per day to the site.
It is anticipated that the 32 ton mixer trucks will make a maximum of 19 trips per day and an
average of 14 trips per day to the site.
It is anticipated that the 22 ton product delivery trucks will make a maximum of 2 trips per day and
an average of 1 trip per day to the site.
It is anticipated that the mechanical trucks, fuel trucks, etc. will make a maximum of 4 trips per
day and an average of 2 trips per day to the site.
Asphalt Batchinq Facility:
Passenger cars, pickups, 16 ton haul trucks, 22 ton haul trucks, and 22 ton product delivery
trucks (asphalt, lime, aggregate) will access the site daily. Occasional access will be made by
mechanic's trucks, fuel trucks, etc.
-' d&T Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
• •
Use by Special Review (Mining Operation)
Questionnaire Responses
•
•
•
It is anticipated that the passenger cars and pickups, combined, will make a maximum of 8 trips
per day and an average of 5 trips per day to the site.
It is anticipated that the 16 ton haul trucks will make a maximum of 18 trips per day and an
average of 15 trips per day to the site.
It is anticipated that the 22 ton haul trucks will make a maximum of 14 trips per day and an
average of 12 trips per day to the site.
It is anticipated that the 22 ton product delivery trucks will make a maximum of 14 trips per day
and an average of 12 trips per day to the site.
It is anticipated that the mechanic's trucks, fuel trucks, etc. will make a maximum of 2 trips per
day and an average of 1 trip per day to the site.
e. Who will provide fire protection to the site?
Platte Valley Fire Protection District
f. What is the water source on the property? (Commercial well or water district).
g.
An existing water service from the Central Weld County Water District will be used for domestic
use. There will be no irrigation on the property. Water taken from the pit dewatering once ground
water is exposed will be used for dust suppression and washing if the operator chooses to wash
the material. There is also an existing well on the property that may be used for dust suppression.
A well permit will be obtained prior to ground water being exposed. At this time the proposed
operation will be washing the material during the aggregate processing.
A temporary substitute water supply plan will be provided to the State Engineer for the mining
operation prior to ground water being exposed. This plan will provide details of the consumptive
use associated with the operation of the mine and the source of the replacement/augmentation
water that will be used prior to ground water being exposed. The plan will be provided to the
County when it is approved.
Journey Ventures, LLC will continue to follow the attached well monitoring plan (as described in
Exhibit G in the DRMS permit application) to determine if the dewatering of the pit, when ground
water is exposed, has any effect on the surrounding wells, and to take the necessary steps to
mitigate any damage to the wells. Journey Ventures, LLC will implement groundwater recharge
ditches around the perimeter of the pit as part of their operation in an effort to ensure that no
damage will occur prior to ground water being exposed.
What is the sewage disposal system on the property? (Existing and proposed).
Aggregate Mining/Processing Facility, Concrete Batchinq Facility, and Asphalt Batchinq Facility:
The existing property does have a sewage disposal system as a part of the house that is located
on the small parcel.
The proposed gravel mine will utilize the existing sewage disposal system if it is of sufficient size,
otherwise a vault system will be used for the scale/operator houses that will be pumped prior to
the vault reaching capacity.
•' UT Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
• •
Use by Special Review (Mining Operation)
Questionnaire Responses
•
•
•
h. If storage or warehousing is proposed, what type of items will be stored?
Overburden and aggregate stockpiles will be located as shown on the Extraction Plan map. The
maximum height of the largest stockpiles is expected to be 30 feet. Most stockpiles will be an
average of 15 to 20 feet in height.
i. Explain where storage and/or stockpile of wastes will occur on this site.
The waste generated by the scale/operator houses will be stored in standard storage bins located
adjacent to the scale/operator houses.
j•
Explain the proposed landscaping/screening for the site. The landscaping shall be
separately submitted as a landscape plan map as part of the application submittal.
All disturbed areas will be reclaimed and seeded with the seed mix shown in the attached
reclamation plan when the reclamation activity for each phase is completed. A mixture of
evergreen trees will be planted along the perimeter of the mine for screening as shown on the
Landscape and Screening map.
k. Explain how long it will take to construct this site and when construction and landscaping
is scheduled to begin. Timetable 23-2-260.C.12.
The mining process is expected to begin in 2009 and is anticipated to take a total of 15 to 20
years to complete. Final seeding of disturbed areas will occur concurrently with the mining as
reclamation activities occur. The reclamation is expected to be completed one year after the
mining activities are completed. The screening trees will be planted as the mining progresses and
as the need for screening arises.
I. Explain any proposed reclamation procedures when termination of the Use by Special
Review activity occurs.
The reclamation will follow the procedures outlined in the attached reclamation plan currently
under review by the State of Colorado Division of Reclamation, Mining, and Safety. The
reclamation will occur concurrently with the mining as each phase is completed with final
reclamation completed approximately one year after the conclusion of mining.
m. Explain how the storm water drainage will be handled on the site.
The stormwater generated on the undisturbed portions of the site will follow the historic flow
patterns by either infiltrating into the soil or flowing to the existing drainage ditches. The
stormwater on the disturbed portions of the site will be directed to the pit and discharged to the
South Platte River with the pit dewatering effluent via the irrigation lateral that traverses the site
and discharges into a culvert under Weld County Road 51. The borrow ditch from Weld County
Road 51 drains into a larger ditch that flows to the east and eventually into the South Platte River
near Weld County Road 53.
n. Method and time schedule of removal or disposal of debris, junk and other wastes
associated with the proposed use.
The only wastes generated by the site will be from the scale/operator houses. This waste will be
collected in standard storage bins and disposed of by commercial trash haulers.
`i I UT Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
• •
Use by Special Review (Mining Operation)
Questionnaire Responses
•
•
•
o. A statement delineating the need for the proposed use.
Construction aggregates are in demand along the Front Range. This site contains a significant
quantity of valuable commercial grade sand and gravel which is ideally suited for meeting these
needs.
p. A statement which explains the Use by Special Review area is not located in a flood plain,
geologic hazard and Weld County Airport overlay district area; or that the application
complies with Chapter 23, Article V, Overlay District Regulations as outlined in the Weld
County Code.
According to the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
Community Panel No. 080266-0645C, revised September 28, 1982, the project site does not lie
within Zone A, which is within the 100 -year floodplain, or Zone B which is within the 500 -year
floodplain.
Based on the Greeley -Weld County Airport "Airport Master Plan", Exhibit IV "Airport Airspace (Far
Part 77 Surface)", dated March 3rd, 2004, the site is within in the Weld County Airport overlay
district area. Specifically the site lies in the outer edge 20:1 conical surface.
According to the "Geologic Hazard Area Map of Potential Ground Subsidence Areas in Weld
County, Colorado", dated May 10th, 1978, the site is not in a geologic hazard area.
Items referenced in this narrative with copies of each included in the overall County application:
• DRMS mining plan
• DRMS reclamation plan
• Draft oiVgas surface use agreements
• Terracon, and JA Cesare & Associates, Inc. Soils Reports
litr DST Consulting, Inc.
Journey Ventures, LLC
USR Application
Use by Special Review (Mining Operation)
219
•
11111111111111111111111111111f
3669219 11/12/2008 02:49P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder
WHEN RECORDED RETURN TO:
"---Th Journey Ventures, LLC, a Colorado limited liability company
P.O. Box 129
Greeley, CO 80632
STATEMENT OF AUTHORITY
•
1. This Statement of Authority relates to an entity named Journey Ventures, LLC, a Colorado limited
liability company.
2. The type of entity is a
Corporation
General Partnership
Limited Partnership Association
Registered Limited Liability Limited Partnership
Government, Governmental Subdivision or Agency
Trust
Other
Non -Profit Corporation
Limited Partnership
Registered Limited Liability Partnership
Unincorporated Non -Profit Association
Limited Liability Company
Business Trust
3. The entity is formed under the laws of Colorado.
4. The mailing address for the entity is P.O. Box 129, Greeley, CO 80632
5. The name and position of each person authorized to execute Instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is Chris Leone as
015x.'1 d l�1L
6. (Optional) the authority of the foregoing person(s) to bind the entity ❑ is not limited ❑ is limited as
follows:
7. (Optional) Other matters concerning the manner in which the entity deals with Interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172, C.R.S.
Executed this 1O day of t._)t /enl—t-e-.. , 2008.
Journey Vyhtu , L . Colorado limited liability company
y: Chris Leone
Its: fyln.r-.c- ,r
STATE OF COLORADO
JJ
COUNTY OF old.
ci ,-,
The foregoing Instrument was acknowledged before me on act" i - /,1,,,r/ by Chris Leone who
personally appeared as J'VlPA n a z— of Journey VeJltures, LLC, a Colorado limited liability company
Witness my hand and official seal.
My CorpmiscLon Expires:
'Le .67
LAURA
KENSINGER
ens `•.
OF G"`.
)SS
File No.: 52-0004554 11281060
Statement of Authority-DOC 6/23/08 12:38 PM
r
j
•
111111111111111111111111111h ill1111111III11111IIIIJill
3689381 11/13/2008 10:28* Weld County, 2°
1 of 1 R 6.00 D 0.00 Sktve Moreno Clerk & Recorder
STATEMENT OF AUTHORITY
•
1. This Statement of Authority relates to an entity' named
journey Ventures, LLC
and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.A.S.
2. The type of entity is a:
O Corporation
O Nonprofit Corporation
61 Limited Liability Company
O General Partnership
O Limited Partnership
O
O Registered Limited Liability Partnership
O Registered Limited Liability Limited Partnership
O Limited Partnership Association
O Government or Governmental Subdivision or Agency
D Trust
3. The entity is formed under the laws of State of Colorado
4. The mailing address for the entity is P.O. Box 129, Greeley. CO 80632
5. The FA name la position of each person authorized to execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the entity is
Chris Leone, Manner
6. 'The authority of the foregoing person (s) to bind the entity is ® not limited O limited
as follows:
7. Other matters concerning the manner in which the entity deals with interests in real property:
Executed this November 10.2008
BUYER:
Chris Leone, Manager
STATE OF COLORADO
COUNTY OF Weld
}ss:
The foregoing instrument was acknowledged before me this 10th day of November, 2008 by
Journey Ventures, LLC, a Colorado limited liability company
Witness my hand and official seal.
My Commission expires: l0- 4(o ...Rot/
'This form should not he used unless the entity is capable of holding title to real property.
'The absence of any limitation shall be prima facie evidence that no such limitation exists.
The statement of authority must be recorded to obtain the btu of the statute.
turn.. Jelu-ne y Y1rnidee GLe_
(ai bx /aq
Yedey e0 3o632-
Chris Leone, Manager of
STMTAr1TH
Statement of Authority
Security Title
File No. 50289309
•
•
•
EXHIBIT N
Source of Legal Right to Enter
Journey Ventures, LLC is the owner of the subject property and therefore has the right to enter
and mine.
L.I&T (on, ulli l. Inc.
Journey Ventures, LLC.
Journey Ventures Pit
DRMS 112 Permit Application
145
• •
•
•
•
SURFACE USE AGREEMENT
This Surface Use Agreement ("Agreement") is dated and made effective this day
of , 2008, and is between Petroleum Development Corporation with an
address of 1775 Sherman Street, Suite 3000, Denver, CO 80203, and Journey Ventures, LLC
with an address of (To Be Determined on Weld County Road 58, Greeley, Colorado 80631) and
mailing address of P.O. Box 129, Greeley, CO 80632.
Whereas:
A. Journey Ventures, LLC is the current landowner of that tract of land being a
portion of and located in the Northeast Quarter of Section 7, Township 5 North, Range 64
West of the 6TH P.M., Weld County, Colorado more particularly described on Exhibit
"A" attached hereto (hereinafter referred to as the "Property");
B. Surface ownership of the Property is subject to the rights of the oil and gas
mineral leasehold estate ("Lease"), a portion of which is held by Petroleum Development
Corporation;
C. Journey Ventures, LLC is in the process of obtaining and will obtain a mining
permit from the State of Colorado Division of Mining, Reclamation, and Safety
("DRMS") for the purpose of open pit sand and gravel mining known as the Journey
Ventures Pit. The mined out Property is to be reclaimed for use as a water storage
reservoir.
D. Petroleum Development Corporation currently operates three existing wells on
the Property, generally located in the Northeast Quarter of Section 7, Township 5 North,
Range 64 West of the 6TH P.M., Weld County, Colorado described above, and subject to
the terms of the Lease, may have the right to develop its oil and gas leasehold estate by
drilling additional future wells (the additional future wells and together with the existing
wells, the "Wells") on the Property; and
E. This Agreement sets forth the parties' rights and obligations regarding the
relationship between the development of the Journey Ventures Pit and the Property by
Journey Ventures, LLC and Petroleum Development Corporation's operation and
development of its oil and gas leasehold estate underlying the Property, such rights and
obligations to be binding upon the parties' successors and assigns.
Now Therefore:
In consideration of the mutual covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
Page 1 of 10
• •
•
•
•
1. AREAS RESERVED FOR THE EXISTING WELLS AND FUTURE WELLS;
WELL LOCATIONS.
Subject to the terms and conditions hereof, Journey Ventures, LLC shall set aside and
provide to Petroleum Development Corporation that portion of the Property hereinafter
referred to as the, Oil and Gas Operations Areas, such areas being depicted on Exhibit A
attached hereto. The Oil and Gas Operations Areas are to be made available to Petroleum
Development Corporation in their present condition for any oil and gas operations,
permitted by the Lease, conducted by Petroleum Development Corporation in connection
with any Well, including, but not limited to, drilling and production activities, workovers,
well deepenings, recompletions, fracturing and replacement wells. All Wells will be
limited to the Oil and Gas Operations Areas shown on Exhibit A, unless this Agreement
is amended by consent of Journey Ventures, LLC and Petroleum Development
Corporation. Except for the Oil and Gas Operations Areas, and the access roads and
Petroleum Pipeline Easements (as defined below) as provided in this Agreement,
Petroleum Development Corporation shall not occupy the surface of the Property except
in the event of an emergency or for reasonable incidental, temporary and non -damaging
activities, for which Petroleum Development Corporation shall be strictly and solely
responsible for any damages that may occur to the Property. Petroleum Development
Corporation shall comply with its Lease and any applicable laws and regulations in
connection with its operations.
Subject to the Lease terms, Petroleum Development Corporation shall have the right to
drill Future Wells within the Oil and Gas Operations Areas, including horizontal and
directional wells that produce from and drain the Property and/or lands other than the
Property provided they do not interfere with the Journey Ventures Pit. As part of the
consideration for this Agreement, Journey Ventures, LLC hereby waives its right to, and
covenants that it shall not protest or object to any such exception location or application
for same by Petroleum Development Corporation. Petroleum Development Corporation
shall not otherwise have the right to drill new wells on the Property. The wellhead
location for any Future Well drilled from the Oil and Gas Operations Area shall not be
closer than 150' from the edge of the Oil and Gas Operations Area.
2. EXTRACTION IN VICINITY OF OIL AND GAS OPERATIONS AREAS;
SETBACK REQUIREMENTS.
Petroleum Development Corporation and Journey Ventures, LLC agree that Journey
Ventures, LLC may mine the gravel within each of the Oil and Gas Operations Areas in
accordance with the terms of this Agreement. In the event that Journey Ventures, LLC elects to
mine the gravel in an Oil and Gas Operations Area, Journey Ventures, LLC shall notify
Petroleum Development Corporation in writing 60 days prior to commencing mining operations
within the Oil and Gas Operations Areas and shall first place temporary concrete barriers around
the Existing Wells as directed by Petroleum Development Corporation prior to commencing any
mining operations on the Property. Journey Ventures, LLC shall conduct its mining operations in
the Oil and Gas Operations Areas as quickly as commercially reasonably practicable. Journey
Ventures, LLC shall conduct it mining within the Oil and Gas Operations Area by excavating pie
shaped wedges of gravel and aggregate and thereafter backfilling and compacting the area with
Page 2 of 10
• •
•
•
•
overburden or other suitable material prior to excavating the next pie shaped area; provided,
however, that in no event shall Journey Ventures, LLC mine closer than shown on Exhibit A and
provided further that in no event shall more than one quarter circle segment of the pie shape be
excavated at any one time. Excavation in the Oil and Gas Operations Areas will be coordinated
with Petroleum Development Corporation in a mutually acceptable manner so as to minimize
conflict with Petroleum Development Corporation's oil and gas operations and to ensure there is
an appropriate safety plan and interim emergency procedures. Journey Ventures, LLC will bear
all costs associated with the mining operation, including permanent or temporary rerouting and
replacement of access roads, and flowlines and utility lines in order to prevent unnecessary
interruption of production from any affected Well.
Journey Ventures, LLC will not locate any lot line, building, or structure within any Oil
and Gas Operations Area. Journey Ventures, LLC understands and acknowledges that the
COGCC has rules and regulations that apply to the distance between a wellhead and public
roads, production facilities, building units and surface property lines, among other things.
Journey Ventures, LLC agrees not to object to the use of the surface in the Oil and Gas
Operations Areas so long as such use is consistent with this Agreement and Journey Ventures,
LLC will provide Petroleum Development Corporation or its successors and assigns with
whatever written support they may reasonably require to obtain permits from the COGCC or any
local jurisdiction.
As part of the consideration for this Agreement, Petroleum Development Corporation
hereby waives its right to, and covenants that it shall not protest or object to any of the foregoing:
Petroleum Development Corporation will not locate any equipment, wells, building, or structure
within the mining permit boundary except as shown in Exhibit A for the Journey Ventures Pit.
Petroleum Development Corporation understands and acknowledges that the DRMS and Weld
County have rules and regulations that apply to the distance between structures, roads, utilities,
and surface property lines, among other things. Petroleum Development Corporation agrees not
to object to the use of the surface in the permitted mining boundary so long as such use is
consistent with this Agreement and Petroleum Development Corporation will provide Journey
Ventures, LLC or its successors and assigns with whatever written support they may reasonably
require to obtain permits from the DRMS, Weld County or any local jurisdiction.
3. GATHERING LINES AND FLOWLINES.
Subject to the limitations hereinafter described and the Lease, Petroleum Development
Corporation has a continuing right and entitlement to own, operate, maintain, repair and replace
all existing and future flowlines, gathering lines and other pipelines that may be necessary or
convenient to its operations on the Property identified in Exhibit A ("Pipelines"). The
construction and burying of additional Pipelines shall be at the sole cost and expense of
Petroleum Development Corporation or its gas purchaser.
Specific locations have been designated on Exhibit A for the location of the Pipelines
("Petroleum Pipeline Easements").The Petroleum Pipeline Easement shall be fifty feet (50') in
width during construction, installation or relocation operations and otherwise reduced to thirty
feet (30') in width for post -construction usage.
Page 3 of 10
• •
•
•
•
Journey Ventures, LLC's development plans for the Journey Ventures Pit anticipate that
roadways will cross over Existing and Future Pipelines. Journey Ventures, LLC agrees to abide
by maintaining a minimum of 48 inches and not more than 72 inches of cover over all Pipelines
during any of Journey Ventures, LLC' operations on the Property except for temporary or
emergency circumstances. Petroleum Development Corporation may install and maintain
markers on its Petroleum Pipeline Easement. Petroleum Development Corporation shall mark its
flowlines at all locations reasonably requested by Journey Ventures, LLC.
Journey Ventures, LLC will not allow any extraction to occur, commencing at the surface
of the original ground, closer than 25 feet from any Pipeline of Petroleum Development
Corporation unless a soils stability report prepared by an engineer licensed in the state of
Colorado indicates that a lesser set back will be adequate for preservation of the integrity of said
pipeline and provided that upon completion of such extraction Journey Ventures, LLC shall back
fill and level the area within 25 feet from any Pipeline. Notwithstanding anything herein to the
contrary, in no event shall Journey Ventures, LLC allow any extraction to occur, commencing at
the surface of the original ground, closer than 15 feet from any Pipeline without Petroleum
Development Corporation's prior written approval.
Without Petroleum Development Corporation's consent, Journey Ventures, LLC shall not
allow any stockpile of soil to be placed over any Pipeline of Petroleum Development
Corporation.
When crossing Petroleum Development Corporation Pipelines with heavy equipment,
like earth moving equipment, Journey Ventures, LLC will maintain a minimum of four foot and
a maximum of six feet of dirt coverage, in addition to the existing cover over the pipeline. When
crossing Petroleum Development Corporation pipelines with trucks and lighter equipment,
Journey Ventures, LLC will maintain a minimum of two foot and a maximum of six feet of dirt
coverage, to the existing cover over the pipeline.
The depth of cover over the Petroleum Development Corporation Pipelines shall not be
reduced or drainage over Petroleum Development Corporation's pipeline altered without
Petroleum Development Corporation's written approval.
Any utility crossing must be a minimum of 18" inches vertical separation from Petroleum
Development Corporation Pipelines. Parallel utilities must maintain a minimum of ten -foot
separation, unless Petroleum Development Corporation grants a lesser distance of separation
which grant shall not be unreasonably withheld.
Without Petroleum Development Corporation's consent, construction of any permanent
structure within Petroleum Development Corporation's Petroleum Pipeline Easement is not
permitted. Planting of trees and shrubs is not permitted on Petroleum Development
Corporation's Petroleum Pipeline Easement.
4. ACCESS.
a. Journey Ventures, LLC shall provide Petroleum Development Corporation with
non-exclusive access to all of the Oil and Gas Operations Areas and the Petroleum Pipeline
Easement. The access roads to be used by Petroleum Development Corporation will be those
Page 4 of 10
roads that currently are in place and if any future roads are approved by Journey Ventures, LLC
in its discretion, those to be constructed by Petroleum Development Corporation at its sole cost
and expense. Petroleum Development Corporation agrees to access the Property according to the
routes depicted and described on the attached Exhibit A. Access to the Oil and Gas Operations
Areas may be changed by mutual agreement of Journey Ventures, LLC and Petroleum
Development Corporation.
Petroleum Development Corporation shall keep any of its access roads in a condition and
state of repair that serves its needs. Journey Ventures, LLC shall maintain and keep any access
jointly used by Journey Ventures, LLC and Petroleum Development Corporation in a condition
and state of repair that serves the needs of Journey Ventures, LLC. In the event such joint access
roads needs to be improved in order to serve the needs of Petroleum Development Corporation,
the parties agree to coordinate any such improvements as may be required by Petroleum
Development Corporation in order to conduct its operations, provided that any such
improvements shall be at Petroleum Development Corporation's sole cost and expense. Neither
Petroleum Development Corporation, nor Journey Ventures, LLC shall unreasonably interfere
with the use by the other party of access roads.
5. BATTERIES AND EQUIPMENT.
Subject to the Lease, Petroleum Development Corporation shall have the right to locate,
build, repair and maintain tanks, separators, dehydrators, compressors and other equipment
("Production Facilities") reasonably necessary and appropriate for the operation and production
of the Existing Well or the Future Well at the locations depicted on Exhibit A.
With respect to Petroleum Development Corporation's Production Facilities other than
flowlines or pipelines:
a. Petroleum Development Corporation shall install and maintain, at
its sole cost and expense, all fences around the Existing Well and any Future Wells in
compliance with the Rules and Regulations of the COGCC;
b. Petroleum Development Corporation shall install and maintain, at
its sole cost and expense, all gates and locks reasonably necessary for the security of
any wells or facilities in the Oil and Gas Operations Areas. Such gates and locks shall
be the standard gates and locks used by Petroleum Development Corporation; and
c. Petroleum Development Corporation shall paint any production
facilities for any Wells, including wellhead guards, with paint that is approved by the
COGCC.
6. NOTICE OF FUTURE OPERATIONS.
Petroleum Development Corporation shall provide at least 60 days prior written notice to
Journey Ventures, LLC of any operations in connection with the reworking, fracturing,
deepening or recompletion operation on an Existing Well. Petroleum Development Corporation
shall provide at least 60 days prior written notice to Journey Ventures, LLC of the initial drilling
Page5 of 10
of any Future Wells. Regardless of the foregoing notice requirements, Petroleum Development
Corporation shall have immediate access to any of its facilities in the event of an emergency.
After receipt of the above notice, but not less than ten (10) working days prior to
Petroleum Development Corporation's mobilization on the applicable Oil and Gas Operations
Areas, either Petroleum Development Corporation or Journey Ventures, LLC may request an on -
site meeting. The purpose of the meeting shall be to inform Journey Ventures, LLC of the
expected activity and to coordinate and agree on site access, hazards, barricades, restoration or
any other issues that affect the use and safety of Journey Ventures, LLC's development and/or
operations, and to the extent such plans affect or impair the Journey Ventures Pit, Petroleum
Development Corporation shall not proceed with its plans until agreement is reached.
7. COMPLIANCE WITH SAFETY REGULATIONS .
Petroleum Development Corporation understands that Journey Ventures, LLC surface
mining operations on the Property are subject to certain OSHA regulations. Petroleum
Development Corporation agrees that while conducting operations on Property, it will comply
with such reasonable OSHA requirements which Journey Ventures, LLC notifies Petroleum
Development Corporation are applicable to Petroleum Development Corporation's operations on
the Property. Petroleum Development Corporation also agrees to cause its contractors and
subcontractors to comply with such requirements.
8. DRILLING AND COMPLETION OPERATIONS
Petroleum Development Corporation shall diligently pursue any drilling operations to
minimize the total time period and to avoid rig relocations or startup during the course of
drilling.
9. DEVELOPMENT PLANS.
Journey Ventures, LLC has provided herewith copies to Petroleum Development
Corporation of its Mining Permit Application, and the engineering structural report prepared in
connection with the Mining Permit Application (the "Plans"). Petroleum Development
Corporation acknowledges receipt of said Plans and, will not object and will support Journey
Ventures, LLC through the permit application process. Petroleum Development Corporation
hereby waives and releases any objections to said Plans prior to and following approval by the
DBMS.
10. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY.
a. No party shall be liable for, or be required to pay for, special,
punitive, exemplary, incidental, consequential or indirect damages to any other party
for activities undertaken within the scope of this agreement;
b. Except as to claims arising out of pollution or environmental
damage (which claims are governed by Section 11 below) or out of breach of this
Agreement (which claims shall be governed by the terms of this Agreement, including
as set forth in 10(c) below), each party shall be and remain responsible for its own
liability for all losses, claims, damages, demands, suits, causes of action, fines,
Page 6 of 10
• •
•
•
•
penalties, expenses and liabilities, including without limitation attorneys' fees and
other costs associated therewith (all of the aforesaid herein referred to collectively as
"Claims"), arising out of or connected with each such party's ownership or operations
on the Property, no matter when asserted, subject to applicable statutes of limitations.
Each such party shall release, defend, indemnify and hold the other parties, their
officers, directors, employees, successors and assigns, harmless against all such
Claims. This provision does not, and shall not be construed to, create any rights in
persons or entities not a party to this Agreement, nor does it create any separate rights
in parties to this Agreement other than the right to be indemnified for Claims as
provided herein;
c. Each party ("indemnifying party") agrees to defend, indemnify and
hold harmless, the other party ("indemnified party") from and against all Claims
incurred by or assessed against an indemnified party solely to the extent the same arise
out of third -party claims relating to any breach of this Agreement by the indemnifying
party or any actual or threatened injury or damage (except Environmental Claims
which are exclusively addressed in Section 11) to any person or property caused, or
alleged to be caused, by acts or omissions of the indemnifying party or its agents.
11. ENVIRONMENTAL INDEMNITY.
The provisions of Section 10 above, except for Section 10.a., shall not apply to any
environmental matters, which shall be governed exclusively by the following, subject to the
limitations of Section 10.a. above:
a. "Environmental Claims" shall mean all Claims asserted by governmental
bodies or other third parties for pollution or environmental damage of any kind, arising
from operations on or ownership of the Property or ownership of the oil and gas
leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines
and penalties associated therewith, including but not limited to any Claims arising from
Environmental Laws or relating to asbestos or to naturally occurring radioactive material.
Environmental Claims shall not include the costs of any remediation undertaken
voluntarily by any party, unless such remediation is performed under the imminent threat
of a Claim by a governmental body or other third party;
b. "Environmental Laws" shall mean any laws, regulations, rules,
ordinances, or order of any governmental authority(ies), which relate to or otherwise
impose liability, obligation, or standards with respect to pollution or the protection of the
environment, including but not limited to, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean
Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§
1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the
Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and
c. Environmental Indemnification. Petroleum Development
Corporation shall protect, indemnify, and hold harmless Journey Ventures, LLC,
homeowners association and any lot owner who purchases a lot from Journey
Page 7 of 10
• •
•
•
Ventures, LLC from any Environmental Claims relating to the Property or oil and gas
leasehold thereunder that arise out of Petroleum Development Corporation's
ownership and operation of the Oil and Gas Operations Areas and it's ownership and
operation of its Petroleum Pipeline Easements or rights -of -way on the Property.
12. EXCLUSION FROM INDEMNITIES.
The indemnities of the parties herein shall not cover or include any amounts which the
indemnified party is actually reimbursed by any third party. The indemnities in this Agreement
shall not relieve any party from any obligations to third parties.
13. NOTICE OF CLAIM FOR INDEMNIFICATION.
If a Claim is asserted against a party for which the other party would be liable under the
provisions of Section 10 or 11 above, it is a condition precedent to the indemnifying party's
obligations hereunder that the indemnified party give the indemnifying party written notice of
such Claim setting forth all particulars of the Claim, as known by the indemnified party,
including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good
faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect
such notice in all events within such time as will allow the indemnifying party to defend against
such Claim.
14. SUCCESSORS.
The terms, covenants, and conditions hereof shall be binding upon and shall inure to the
benefit of the parties and their respective heirs, devises, executors, administrators, successors and
assigns; provided, as to Petroleum Development Corporation, successors and assigns shall be
deemed to be limited to lessees under the oil and gas leases which Petroleum Development
Corporation owns. Journey Ventures, LLC may assign this Agreement without the consent of
Petroleum Development Corporation as part of the sale of some or all of the Property.
15. TERM.
This Agreement shall become effective when it is fully executed and shall remain in full
force and effect until the earlier to occur of the following: (a) Petroleum Development
Corporation's Lease expires or is terminated, and Petroleum Development Corporation has
plugged and abandoned all wells and complied with the requirements of all applicable oil and
gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable
provisions of the leases and existing laws and regulations or (b) Journey Ventures, LLC's has
complied with the requirements of its Mining Permit pertaining to removal of equipment,
reclamation, cleanup and all other applicable provisions of the Mining Permit. When this
Agreement ceases to be in full force and effect, the Parties shall execute any and all releases
necessary to evidence the fact that this Agreement shall no longer apply to the Property
16. NOTICES.
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the following:
Page 8 of 10
• •
•
•
•
If to Petroleum Development Corporation:
Petroleum Development Corporation
1775 Sherman Street, Suite 3000
Denver, Colorado 80202
Attention: Director of Land Denver Basin
If to Journey Ventures, LLC:
Journey Ventures, LLC
P.O. Box 129
Greeley, CO 80632
Any party may, by written notice so delivered to the other parties, change the address or
individual to which delivery shall thereafter be made.
17. RECORDING.
This Agreement, any amendment hereto shall be recorded by Petroleum Development
Corporation, which shall provide the other parties with a copy showing the recording information
as soon as practicable thereafter.
18. NON -BINDING MEDIATION.
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be resolved by non -binding mediation.
19. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado, without reference to its conflict of laws provisions.
20. ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding among the parties hereto regarding the
matters addressed herein, and supersedes any previous communications, representations or
agreement, whether oral or written. This Agreement shall not be amended, except by written
document signed by all parties.
21. EXECUTION AND BINDING EFFECT.
This Agreement may be executed in any number of counterparts each of which shall be
deemed an original instrument but all of which together shall constitute one and the same
instrument, and shall be binding upon and inure to the benefit of the parties, and each of their
respective heirs, executors, administrators, successors and assigns and is executed by the parties
as of the Effective Date set forth above.
Page 9 of 10
•
•
The parties have executed this Agreement on the day and year first above written.
PETROLEUM DEVELOPMENT CORPORATION
By:
JOURNEY VENTURES, LLC
By:
ACKNOWLEDGMENTS
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2008, by of Petroleum Development Corporation, on behalf of such
company.
Witness my hand and official seal.
Notary Public
My Commission Expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of 2008,
by of Journey Ventures, LLC, on behalf of such company.
Witness my hand and official seal.
Notary Public
My Commission Expires:
Page 10 of 10
FINAL DRAINAGE REPORT
FOR
JOURNEY VENTURES PIT
WELD COUNTY, COLORADO
DECEMBER 8, 2008
PREPARED FOR:
JOURNEY VENTURES, LLC.
PO Box 129
GREELEY, CO 80632
PREPARED BY:
un
J&T Consulting, Inc.
1400 W. 122ND AVENUE - SUITE 120
WESTMINSTER, CO 80234
PHONE: 303-457-0735
FAx: 303-920-0343
J&T Consulting, Inc.
December 8, 2008
Weld County
Public Works Department
Attn: Mr. David Bauer
1111 H Street, P.O. Box 758
Greeley, Colorado 80632
RE: Journey Ventures, LLC. — USR Application — Journey Ventures Pit
Drainage Plan & Report
Mr. Bauer:
We have prepared this report to address the requirements of the Weld County Use by Special
Review permit regarding storm drainage for Journey Ventures, LLC. (JV) Journey Ventures Pit.
In the paragraphs that follow please find descriptions of the drainage basins and direct runoff
that affects the Journey Ventures Pit site. The 2 -year (minor) storm event, along with the 5 -year,
10 -year, and 100 -year (major) storm events were analyzed.
Site Location
The proposed project is located in the southeast 1/4 and the southeast % of the northeast '/, of
Section 7, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado (See
Vicinity Map / Drainage Basins Map on the following page). The property is bounded by private
irrigated agricultural on the west, by private irrigated agricultural land on the north, by County
Road 51 on the east, and by private non -irrigated pasture land and County Road 58 on the
south. U.S. Highway 34 is approximately one mile south of the project site. The Town of Kersey
is approximately 1 mile southeast of the project site.
Site Description
The western edge of the site drops at 15% to 20% grades from the property boundary down to
level pasture areas that generally slope at approximately 0.2% from northwest to southeast. The
north and south branches of the Plumb Ditch cross the site on the northern portion of the site,
outside of the proposed USR permit boundary. A seasonal ditch crosses the site from west to
east along the southern portion of the site. A residential structure and outbuildings are located
on the western side of the site. The soils on the site are identified as primarily Aquolls and
Aquents with gravelly substratum in the northern portion of the site and the level pasture areas,
and Ustic Torriorthents along the western edge of the site per the Soil Survey of Weld County
(See soils information in Appendix B). The existing vegetation within the site consists of mainly
pasture grasses and a wetland area in the northern portion.
Existing Drainage Facilities
Offsite flows enter the west side of the property and are conveyed through the site via the
seasonal ditch to their historic point of discharge at the east property boundary via a 42" CMP
culvert. Onsite flows sheet flow to the ditch and are conveyed to the same discharge point.
V 1400 W 122`" Avenue — Suite 120 • Westminster CO 80234 • Ph: 303-457-0735 • Fax: 303-920-0343
9£10-L9v-£O£
4£ZO8 OO 'JeIsu}u„seM
0Zt suns - enueny pullL M OOtt
aul 48upinsuoD
dew suisee a6eweia j AuuplA
}!d seanueA Aeuunor
•311 'sewn;ueA Aeuanor
uogduisaa
a
Z
W
W
J
BOUNDARY
BASIN TOC PATH
i
i
DESIGN POINT
DESIGNATION
U
Q
CS aON1
SNC
•
Mr. Bauer
RE: Journey Ventures, LLC. — USR Application — Journey Ventures Pit
Drainage Plan & Report
Page 3
General Concept
The proposed operation will be a gravel mine at the Journey Ventures pit site. The runoff
entering and from the site will be directed into the pit during the mining of the site. Dewatering of
the pit will be necessary to mine the sand and gravel. Storm discharges that enter the pit will be
removed by dewatering operations, which will consist of either pumping from the pit to recharge
ditches along the perimeter of the pit and back into the groundwater aquifer, or pumping from
the pit into the seasonal ditch to its historic point of discharge. The net affect that this will have
on the storm flows during mining will be to increasingly attenuate the peak discharge rate as the
extents of the pit are enlarged and as the pit is deepened, providing more incidental storage for
stormwater collection. The water that is collected in the pit will be dewatered at a rate of 1 to 5
cfs.
Method of Analysis
The Colorado Urban Hydrograph Procedure was used to model the stormwater flows generated
by the basins as permitted in the Urban Storm Drainage Criteria Manual. The report analyzes
the 2 -year (minor), 5 year, 10 year, and 100 -year (major) storm events for the proposed land
uses associated with the Journey Ventures pit.
Drainage Basins
According to the FEMA Flood Insurance Rate Map (FIRM) Community Panel No. 080266-
0645C, revised September 28, 1982, the entire project site lies outside Zone A and the 100 -year
floodplain. A FEMA FIRMette of this panel has been included in Appendix C showing the
project site in relation to the floodplain.
The storm runoff comes from the west and through the Journey Ventures pit site. The runoff
comes from Basins A (onsite), and B (offsite), as shown on the Vicinity Map / Drainage Basins
Map. The historic and proposed basins are the same. Because there are few developed sites
within the basin areas the percent impervious was estimated to be 5% and the initial infiltration
rates were calculated to be 3" for Basin A, and 4.5" for Basin B, using a weighted average
based on the hydrologic soil groupings for the existing soils for each basin. The proposed use
will not change the percent impervious or the infiltration rates of the basins. The basins are all
located in agricultural or pasture land use types. The impervious areas are mainly paved roads,
houses, and outbuildings so the estimated 5% impervious area is conservative. Individual basin
descriptions are below. Calculations for the runoff generated for each basin and for each event
are included in Appendix A.
Basin A includes the entire project site. This area consists of 105 acres. The
runoff currently sheet flows through pastures/fields before entering the seasonal
ditch and discharging to its historic point of discharge at the east property
boundary via a 42" CMP culvert. Future onsite runoff will be directed into the
proposed gravel pit where it will be collected and discharged via the pit
dewatering activities either into recharge ditches and back into the groundwater
aquifer, or into the existing seasonal ditch to its historic point of discharge.
Basin B lies west and south of the project site, west of County Road 51, south of
County road 58, and east of County Road 47.5. This area consists of 346 acres.
The runoff sheet flows through irrigated pastures/fields before entering the site
and moving east in the seasonal ditch to its historic point of discharge.
1400 W 122nd Avenue — Suite 120 • Westminster CO 80234 • Ph: 303-457-0735 • Fax: 303-920-0343
Mr. Bauer
RE: Journey Ventures, LLC. — USR Application — Journey Ventures Pit
Drainage Plan & Report
Page 4
Runoff Summary
Basin
Basin Area
(Acres)
Peak Flow
Q(2)
(cfs)
Peak Flow
Q(5)
(cfs)
Peak Flow
Q(10)
(cfs)
Peak Flow
Q(100)
(cfs)
A
B
105
346
9
10
33
76
49
126
135
408
Design
Point
Contributing
Area
(Acres)
Peak Flow
Q(2)
(cfs)
Peak Flow
Q(5)
(cfs)
Peak Flow
Q(10)
(cfs)
Peak Flow
Q(100)
(cfs)
1
2
451
346
19
10
109
76
175
126
543
408
Compliance with Standards
This Drainage Report is in compliance with the Weld County Storm Drainage Criteria.
Future Designs
Future design will be required when the mining operation is reclaimed. Runoff will have to be
conveyed through the site and discharged at historic rates as well as the historic points of
discharge.
Please feel free to contact us if you need any additional information or have any questions or
comments.
Sincerely,
Mr. J.C. York, P.E.
Enclosures:
Appendix A
Appendix B
Appendix C
i 1400 W 122nd Avenue — Suite 120 • Westminster CO 80234 • Ph: 303-457-0735 • Fax: 303-920-0343
•
Appendix A
Drainage Calculations
•
•
•
•
•
IDF TABLE FOR ZONE ONE IN THE STATE OF COLORADO
Zone 1: South Platte, Republican, Arkansas, and Cimarron River Basins
Project: Journey Ventures Pit
Enter the elevation at the center of the watershed:
1. Rainfall Depth -Duration -Frequency Table
Elev = 4,600 (input)
-hour and 24 -hour rainfall depths from the NOAA Atlas 2 Volume III in rightmost blue columns
Retum
Period
Rainfall Depth in Inches at Time Duration
5 -min
10 -min
15 -min
30 -min
1 -hr
2 -hr
3 -hr
6 -hr
24 -hr
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
output
output
output
output
output
output
output
input
input
2-yr
0.30
0.47
0.59
0.82
1.04
1.16
1.25
1.40
1.70
5-yr
0.42
0.65
0.83
1.15
1.45
1.57
1.66
1.80
2.20
10-yr
0.50
0.78
0.99
1.37
1.73
1.89
2.01
2.20
2.60
25-yr
0.60
0.93
1.18
1.64
2.08
2.26
2.39
2.60
3.20
50-yr
0.70
1.08
1.37
1.90
2.40
2.57
2.70
2.90
3.40
100-yr
0.79
1.22
1.55
2.14
2.71
2.88
3.00
3.20
3.80
Note: Refer to NOAA Atlas 2 Volume III isopluvial maps for 6 -hr and 24 -hr rainfall depths.
2. Rainfall Intensity -Duration -Frequency Table
Retum
Period
Rainfall Intensity in Inches Per Hour at Time Duration
5 -min
10 -min
15 -min
30 -min
1 -hr
2 -hr
3 -hr
6 -hr
24 -hr
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
output
output
output
output
output
output
output
output
output
2-yr
3.60
2.80
2.36
1.64
1.04
0.58
0.42
0.23
0.07
5-yr
5.06
3.93
3.32
2.30
1.45
0.79
0.55
0.30
0.09
10-yr
6.02
4.67
3.94
2.73
1.73
0.95
0.67
0.37
0.11
25-yr
7.23
5.61
4.74
3.28
2.08
1.13
0.80
0.43
0.13
50-yr
8.37
6.49
5.48
3.80
2.40
1.29
0.90
0.48
0.14
100-yr
9.44
7.32
6.18
4.28
2.71
1.44
1.00
0.53
0.16
UD-RainZone v1.01 a.xls, Z-1 12/8/2008, 10:54 AM
•
One-Hpur Rainfall Depth Desian curt
3.00
2.71 •
2.50
2.40 •
2.08 •
2.00
1.73 •
•
•
c
r
. 1.50
oa
C
To
re
1.00
0.50
0.00 —
1.04 •
UD-RainZone v1.01a.xls, Z-1
1.45 •
2-yr 5-yr
10-yr 25 yr 50-yr 100-yr
Return Period
12/8/2008, 10:54 AM
S
lac
q "t
rg
S G
O C
Depression Storage
•
i
N -
a
0
O
In
0
I-
0
O
O
0
O
0
E
O f) c
O
O
n
O
O
a O
fO O
L V
d
• p
a E1
O L
L p
a to
C
• E
C
E
L • *
O
E
z
a
9
C
9
Catchment Name/ID
In
m
O
In
N
O
n
Y
N
0
0
0
in
N
N
12
In
N
O
In
O
O
O
n
N
N
0
3
0
0
0
en
>-
N
m
12
•
•
ram and Calculated
O
O.
h Parameters Used B
•
Excess Preslp.
B
y2
•
LL;
LL
•f
LE V
Si
wE
g C.
o=
0
0
m
n
C
•
O
6
N
w
• ^
•
y ▪ E
O
m
N
.• !la
mm
1
r
m
N
E
m
N
p e y
10 •
3 d
C--
m
0
w
3E
User Comment for Catchment
3
0
cc
0
0
r
N
cc
>-
0
m
m
O
e
0 t
LL
Y
Version 1.1
a
G
C
a_
D
U
0
E
E
E
LL t c
y c t o
53 g
J
S >
O • J
a
U
0
0
0
A -
C
- C
C
Depression Storage
O
O
w
0
O
0
0
0
O
O
0
d
O
0
ID
m
N
O
at
E - 5
O
O
O
0 .-.
O • 100
O L
2 u
6
m a
a E
w -
C=
m E
S
53
C ^
• E
• c
Q
0
c
01
CO
C
.
Catchment Name/ID
m
O
O
h
N
O
O
O
O
r
O
O
N
0
0
0
0
w
O
O
O
O
N
0
0
0
CC
C
Y
N
•
•
•
ram and Ca
O
o`
h Parameters Used B
O
I
C
'a
E
E
6
v
M
Excess Preclp.
H
O
s p
d
3
O
V
W
m
N
0
Cl
V L
W
E.
C C
N
8
rWi
Cl
N
Cl
13
u
Y
It
m
M
O
Y —
E a E
N
tl e
m
en c
S E
m
N
2o•
3�n
m
m
a
g
3 E
N
n
u
N
0
N
N
U
User Comment for Catchment
Catchment Name/D
f
re
0
N
re
n
3
O
re
O
O
co
co
>-
re
co
m
•
•
•
Version 1.1
a
E
C
a
of CUHP In
> .g
e m z u
• a'e
act 0.
a
0
0
O
0
F-
0
0
O
0
O
0
O
0
m
e
r' C
C e
LL
in
0
0
m
0
• ▪ q
• E
V_ m
L O
q O
cr.
JE
ss
.81
5 =.E
V "
C "`
E
E
I
E
2
co
Catchment Name/ID
O
O
O
0
0
N
O
O
O
0
0
0
0
m
K
O
a
N
0
0
0
In
O
N
N
0
O
K
>-
•
•
•
0
ram and Calculated Results
O
a`
h Parameters Used
a
2
C
C
E
E
N
a.
I
s
Excess Preslp.
O g r'
,s
m
Y
LL�
YYLL
r'
XS
W
04
8
O
oP
N
N
• t
•
w
E
>
>
0
O
8
N
Y
O
N
0i
N
E
Y
s
a
p.
N
In
a
O
O
•
•
•
E_
a
a.
g
C
D
P x ^
f a E
0
m
N
N
E
Q
6
r-
01
W
o "
11:1
N
0
N
m
n
E
a.
u
A
N
0
m
Cl
O
U
User Comment for Catchment
Catchment NamellD
S
f
ce
O
co
Co
>-
O
C
m
m
C
C
m
•
•
•
of CUHP In
E
E
In
N
n
O
O
n
O
LL t
C ▪ 8
c
•
J O
5
0
O
°
E e
LL
E0 o
J
S
O
0
O
0
O
CO
O
O
O
O
O
0
0
O
C • H
s t
o y
X
C
Depression Storage
0
O
0
O
O
6 0
E
O
Cl
O
on
O
O
w
o O
t c
a•
a E
W
C-
3 E
c
• E
E of
Q.•.
O
E
a
z
•
a
•
C
C
K
Catchment Name/ID
N
to
O
to
N
O
O
O
r-
0
re
›-
to
O
to
O
O
O
N
N
m
O
0
r
m
a
a
0
0
•
•
•
p0
0
m.
U
u
m
V
a
c
m
E
N
a
0
a`
h Parameters Used B
c
E
E
E
N
La.
4
i
O
W
•
O a
_yn
C
a
ge
Y y
d1
u
W
N
€
n
Y
8
N
8
O
SyS
•
C
E n• E
a
•
a'
E
•
a
6
T
r
J
W C
Eq_
>•
m
N
m
Y3
6
CV
m
N
0
• E
S 0
i m R
n
Co
N
0
en'
S E
m
N
r
N
o C Y
0 p
7i m 6
€
0
r
€
O
>i E
N
N
N
a.
U
N
O
U
User Comment for Catchment
Catchment Name1D
S
0
0
y
8
a
m
€
S
s
0
0
h
rc
8
€
C
m
€
•
Appendix B
Soil Information
•
•
S
in
N
oN
•
CO
C.
C
O
L
O
co
O
O
O t
O •
UN
C O
O • C
N
>.
Cd
C1 =
J
O
,O^
U
O
S
.. �' I' i''c' f'+ 1 !
.�,.9£ ti.0L
ury ,V£ : VOL
14.200 if printed on A size (8.5" x t1"
<34
O
O
CO
O
O
M
O
U)
O
O
S
N
O
O
O
8
LU
z Q
.9g.9£.Ot
CO
CD
O
C
N C
1- C
C
•
•
•
MAP INFORMATION
MAP LEGEND
C
OS CC —
N 0 COM |o0
\\0 kj \ ( §)\§
{ ! t )§, ) \ CD 0 ^°\
In | � §i2 # t- --02
2 CO G! ! { %|_@
| •8nr : - 2 ;§f!
��Kt{}ka,E0
N n0.9• f■°
\ a 4 k D !! | e la ! ■ rt§!
OA ten§ c{ ( r!:)
•87§ 2� a >. z$ id
f 02 ®Ik
g/ ®t coma)� a� �■ = i2».
cn ; �co § k») {] \} \ !kf}
a i- E 0D O l mi 2 /(7{
-006 &« 2 CO 0), B 0
20090090
Not rated or not available
|o ,k
| •
•
o •
0
a.
Streams and Canals
CO
0
|•
Hydrologic Soil Group —Weld County, Colorado, Southern Part Journey Ventures Pit
Hydrologic Soil Group
Hydrologic Soil Group— Summary by Map Unit— Weld County, Colorado, Southern Part
Map unit symbol
Map unit name
Rating Acres in AOI
Percent of AOI
1
2
3
8
9
68
Altvan loam, 0 to 1 percent slopes
Altvan loam, 1 to 3 percent slopes
Aquolls and Aquents, gravelly substratum
Ascalon loam, 0 to 1 percent slopes
Ascalon loam, 1 to 3 percent slopes
Ustic Torriorthents, moderately steep
B
B
D
B
B
A
272.9
5.0
95.3
44.3
28.7
32.1
Totals for Area of Interest 478.4
Description
Hydrologic soil groups are based on estimates of runoff potential. Soils are
assigned to one of four groups according to the rate of water infiltration when the
soils are not protected by vegetation, are thoroughly wet, and receive precipitation
from long -duration storms.
The soils in the United States are assigned to four groups (A, B, C, and D) and
three dual classes (ND, B/D, and C/D). The groups are defined as follows:
Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly
wet. These consist mainly of deep, well drained to excessively drained sands or
gravelly sands. These soils have a high rate of water transmission.
Group B. Soils having a moderate infiltration rate when thoroughly wet. These
consist chiefly of moderately deep or deep, moderately well drained or well drained
soils that have moderately fine texture to moderately coarse texture. These soils
have a moderate rate of water transmission.
Group C. Soils having a slow infiltration rate when thoroughly wet. These consist
chiefly of soils having a layer that impedes the downward movement of water or
soils of moderately fine texture or fine texture. These soils have a slow rate of water
transmission.
Group D. Soils having a very slow infiltration rate (high runoff potential) when
thoroughly wet. These consist chiefly of clays that have a high shrink -swell
potential, soils that have a high water table, soils that have a claypan or clay layer
at or near the surface, and soils that are shallow over nearly impervious material.
These soils have a very slow rate of water transmission.
If a soil is assigned to a dual hydrologic group (ND, B/D, or C/D), the first letter is
for drained areas and the second is for undrained areas. Only the soils that in their
natural condition are in group D are assigned to dual classes.
57.1%
1.1%
19.9%
9.3%
6.0%
6.7%
100.0%
USDA Natural Resources
Conservation Service
Web Soil Survey 2.1 12/6/2008
National Cooperative Soil Survey Page 3 of 4
Hydrologic Soil Group —Weld County, Colorado, Southern Part Journey Ventures Pit
Rating Options
Aggregation Method: Dominant Condition
Component Percent Cutoff. None Specified
Tie -break Rule: Lower
USDA
a
Natural Resources
Conservation Service
Web Soil Survey 2.1 12/8/2008
National Cooperative Soil Survey Page 4 of 4
•
Appendix C
FEMA FIRMette
•
•
Weld County Planning Department
GREELEY OFFICE
•
•
•
J&T Consulting, Inc.
uI
December 23, 2008
Weld County
Planning and Building Services
Attn: Chris Gathman
918 1Oth Street
Greeley, Colorado 80631
DEC 2 4 9nnP
RECEIVED
RE: Division of Reclamation, Mining, and Safety 112 Reclamation Operation
Journey Ventures Pit
Dear Mr. Gathman:
Journey Ventures, LLC has applied for a sand and gravel mine operation permit. The
permit is for a 112 Reclamation Operation for the extraction of sand and gravel to
produce construction aggregates and products. Weld County Road 51 and Weld County
Road 58 are within 200 feet of the permit boundary. We are notifying you as required
per the rules and regulations of the DRMS.
We are attaching a public notice that was published in the Kersey Voice newspaper.
Feel free to call me with any questions you may have. I can be contacted at (97O) 222-
9530 (mobile) or at (3O3) 457-O735 (office).
Sincerely,
4 ;;P
J.C. York, P.E.
Principal
MT Consulting, Inc.
V . 1400 W 122nd Avenue — Suite 120 • Westminster CO 80234 • Ph: 303-457-0735 • Fax: 303-920-0343
•
•
•
PUBLIC NOTICE
Journey Ventures, LLC., P.O. Box 129, Greeley, CO 80632, (970) 392-0694, 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 Journey Ventures Pit, and is located at
or near Section 7, Township 5 North, Range 64 West, 6th Prime Meridian.
The proposed date of commencement is April, 2009, and the proposed date of completion is April,
2034. The proposed future use of the land is developed water resources. 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, 1402 N. 17'h Avenue, Greeley, CO 80631, 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 the 201h day after the final publication.
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.
Hello