The URL can be used to link to this page

Browse Search

Home My WebLink About820185.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN OPEN CUT GRAVEL PIT AND AN ASPHALT BATCH PLANT - DON KERN CONSTRUCTION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 20th day of October, 1982, at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Don Kehn Construction, Inc. , 6322 South College Avenue, Fort Collins, Colorado 80525, for a Use by Special Review for an open cut gravel pit and an asphalt batch plant, on the following described real estate, to-wit: Part of the N1/2, Section 31, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24. 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. This request is in compliance with the Weld County Com- prehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas as long as appropriate extraction standards are followed. 2. The submitted materials are in compliance with appli- cation requirements of Sections 24 . 7; 44 . 1; 44. 2 and 44 . 3 of the Weld County Zoning Ordinance. 3. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. gravel resources as identified on pages 62-63 of the Plan) . `i 1-.0119/ 820185 Page 2 RE: USR - DON KERN CONSTRUCTION, INC. b) The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activi- ties in the area or the County and as a Use by Special Review can take place in the district. c) The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood as well as with projected de- velopment in the future. The intended proposal will not have significant traffic or noise impacts, nor will it require significant improvements which might create incompatibility. d) Use by Special Review Operations and Design Stand- ards provide adequate protection of the health, safety and welfare of the neighborhood and County. e) The Overlay District affecting the site Flood Hazard District has been addressed in the attached standards for the operation. NOW, THEREFORE, BE IT RESOLVED by the Board Of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for an open cut gravel pit and an asphalt batch plant on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Operation Standards being recommended and approved for this request. 2. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation acti- vities. Activities related to mining and recla- mation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction on those matters out- lined in the Operation Standards. 3. The applicant shall comply with Section 26.2 of the Weld County Zoning Ordinance. The owner and/or operator shall furnish the Department of Planning Services a certificate from a registered engineer that any of the development within the Use by Special Review Permit area will not change the direction of flow of water in a river or stream that said development will not result in a change of ten percent (10%) or more in the inter- mediate regional floodwater flows and that said opera- tions will not channelize a river or stream. The appli- cant shall comply with Section 26. 4. 9 and 26.5.2 of the Weld County Zoning Ordinance, if applicable, in the event any of the above conditions will occur. 4. The Operation Standards being placed on the Use by Special Review Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. Page 3 RE: USR - DON KEHN CONSTRUCTION, INC. 5. Prior to the final approval of the Use by Special Re- view Permit by the Board of County Commissioners, the applicant shall submit to the Weld County Planning De- partment an agreement with the McCann Ditch Company regarding the sand and gravel mining issues as they affect use and effectiveness of the McCann Ditch. 6. The applicant shall, prior to approval of the Use by Special Review Permit by the Weld County Commissioners, reach an agreement with the State Highway Department regarding the acceleration, deceleration and turn lanes onto U. S. Highway 85. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D. , 1982. i` /1 -�: „:QAehn✓ BOARD. OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder , , 2, and and Clerk to the Board . JO11F\T. Martin hairman By: _ .. L v > ( e (54:::14,„ Deputy County Clerk uck Carlson, Pro--Tem APPROVED AS TO FORM: Cam---- / Orman Carlson EXCUSED County Attorney C. W. Kirby EXCUSED June K. Steinmark DATE PRESENTED: October 25, 1982 OPERATION STANDARDS DON KERN CONSTRUCTION COMPANY Amended USR-523:82:38 1. The uses permitted on this site shall include an asphalt batch plant and the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The haul route for this proposal shall be Weld County Road 4 to U.S. Highway 85. 3. The request shall comply with the operation policies of Section 44.4 (excluding 44.4. 7) of the Weld County Zoning Ordinance. 4. All phases of the mining and batch plant operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 5. The property owner and/or operator shall apply for a well permit to comply with C.R.S. 1973, 37-90-137. 6. All operations on the property shall be in conformance with Weld County Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and other items which might wash away during flooding shall be located outside the one-hundred year floodplain or adequately floodproofed to avoid creation of hazardous conditions. 7. Copies of pertinent documents filed with the Mined Land Reclamation Board shall be forwarded to the Department of Planning Services office for review. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or standards, as shown or stated above, shall require the approval of an amendment of the permit by the Weld County Planning Commission before such changes from the plans and/or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated standards. Noncompliance with any of the above stated standards may be reason for revocation of the permit. RA:rg A public hearing was conducted on October 20 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER, EXCUSED JUNE STEINMARK COMMISSIONER, EXCUSED Also present: ACTING CLERK TO THE BOARD, JEANNETTE SEARS ASSISTANT COUNTY ATTORNEY, LEE MORRISON PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON The following business was transacted: I hereby certify that pursuant to a notice dated September 27, 1982, duly published September 30, 1982 in the LaSalle Leader, a public hearing was held on the requests of Don Kehn Construction, Inc. for a Use by Special Review for open-cut gravel pit and an asphalt batch plant. The Planning Commission recommended that these requests be approved with operation standards. Jerry McRae, engineer for Don Kehn Construction, Inc. , was present and reviewed the requests and the location. He stated that he has concurrently filed the requests with the Mined Land Reclamation Board. The parcel consists of thirty acres, five acres of which are in the river. Mr. Allison reminded the Board that these requests were given two seperate docket numbers, however, the Board need only consider Docket 1182-62 because it contains the open-cut gravel pit as well as the asphalt batch plant. There were no objections to either request. Commissioner C. Carlson made a motion to approve the requests because this is an excellent site for this type operation. The Commissioner included the Planning Commission's operation standards. Commissioner N. Carlson seconded the motion and it carried unanimously. � � - calRMAN 7yl{z,,.,,4. lRvA.v�_(� W; 1- BOARD OF COUNTY COMMISSIONERS ATTEST: U/1 WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: ( 1; IL C 1. , 2� Deputy County Clerk DOCKET# 82-62 TAPE# 82-82 LHR 2146 • ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET NO. 82-61 - DON KERN CONSTRUCTION INC. - OPEN CUT GRAVEL PIT-USR DOCKET NO. 82-62 - DON KEHN CONSTRUCTION INC. - ASPHALT BATCH PLANT-USR DOCKET NO. 82-63 - MARTIN LIND - USR - AIRSTRIP WITH HANGAR FACILITIES DOCKET NO. 82-65 - WESTERN PAVING CONSTRUCTION CO. - OPEN-CUT OPERATION - USR PLEASE write or print legibly your name , address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ," 0 ii, / .)F tVL- . -''l ? 7�/ 9 c . c {: CC, .l 1 .I c. l. S < , 7i .1 I it 1I , f�, i ' -, J -1 ( ( 0 / /,/ - It .. ,_c /7---- 1 ny = 1. .4c . _ / %i',-(,_4 Cl-t--,-,,44; .' , J> /-'( _ I;/ C-- `/'' <1✓.= Yr �/ / 7 ! / :,11 r; .�- 5 �i 4„//��l (';(' r'. 2 ,/�/ ;! ., (Y) Y_,) - (- c •n _� Lam, 'c C / NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-61 APPLICANT Don Kehn Construction Inc. 6322 South College Avenue Fort Collins, CO 80525 DATE: October 20, 1982 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - An Open-cut Gravel Pit LEGAL DESCRIPTION Part of the Ni, Section 31, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: September 27, 1982 PUBLISHED: September 30, 1982 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-62 APPLICANT Don Kehn Construction Inc. 6322 South College Avenue Fort Collins, CO 80525 DATE: October 20, 1982 TIME: 2: 00 P.M. REQUEST: Use By Special Review - Asphalt Batch Plant LEGAL DESCRIPTION Part of the N?, Section 31, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: September 27 , 1982 PUBLISHED: September 30 , 1982 DATE: Sept amber 27, 1982 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 20th day of October, 1982 at 2: 00 P.M. : Docket No. 82-61 - Don Kehn Construction Inc. , USR, Open-Cut Gravel Pit Docket No. 82-62 - Don Kehn Construction Inc. , USR, Asphalt Batch Plant • OFFIC ` OF THE CLERK1\TO THE BOARD The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO fit`; 7/27. < 1 Affidavit of Publication STATE OF COLORADO, County of Weld, / ss. 1, . 4,1. _elof said County of Weld, being duly-swor , say that NOTICE I am publisher e of Pesessite le xesdoo el the Rah M COMAS MrN �1/of!L ONMy.20•How Ore NOONd O ../.4.1,-•S Swift R M Chem- that p the soma is a weekly newspaper of general hers N-Iwo ;Nerd el..;County al circulation n pjd\ mtp d and published in the nmUMMNY el Waji.County. �v � Ollorado..WN{County Eltetmnial town of e.71 O%A.�o _ Cutter. us Ceti 'real', in said county and state; that the notice or adver- Colorado•at tWtlm.x I ,,_ N.All senate pally ilRaaNiiESlte:atl In (moment. of which the annexed is a true copy, the Use ti Specialera has been published in said weekly newspaper Wpilewhart tW to atfana ;shay W / for _consecutive EE IT ALSO KNOWN weeks: that the notice was published in the at moWSMKNOllect Weld d Nliifa regular and entire issue of every number of saidIn ,N newspaper during the period and time of pub!:- OfrII le We'•so n the cation of said notice and in the newspaper OaRmoaoRNp opt Wale proper and not in a supplement thereof; that the Omat7 CAatammi C ,S NW first publication of said nonce was contained in stmt.TMN now, CNa • (p the issue of said �n(e"ws�paper bearing date. the DOCIfETtiO.O{s AFFWi/CANT /day of , A.D., 19 7.-C7 Dan Kelm O islyrIien Inc. and the last publication thereof, In the issue o; an Coll aA7Rho DIRE: OChNSMtCaSinyOp aaSlS said newspaper bearing date, thee ..J'O day of TIME:Dee►.x tMs 191�"lthat the said REQUEST:U y Speli;N Um eNew -AsL D MRIPTION - �✓ LERAL DESCRIPTION • POT Mite NW,Section"it,yawn- has been es SR C~N `el Ma published continuously and unintorrup Sip I - wnty.4R#N. edly during the period of at least fifty-two con- -SO IttaTit secutive weeks next prior to the first issue thereof WELD'P.OIRS DN71YA00 containing said notice cr advertisement above SY:MARY ANN FEINreferred to; and that said news WELDOQONTYANO paper was at fhe REOOReeRKtime of each of the publications of said noticeOA7 R` �hµTOytD duly qualified nat, for that purpose within the mean ing of an act, entitled, "An Act Concerning Legal -all . Notices, Advertisements and Publications, and e the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act" approved April 7, 1921, and all amendments thereof, and particu- larly as amended by an act approved. March 30, 1923 d an act approved M 8, 1931. ublisher Subscribed sworn to before me this -("ep day of .. . !LL`P(-- //A.D., 19.0.2 �% J My commission expires //— 7 -cc? Notary Public Affidavit of Publication STATE OF COLORADO, 1 f ss. Count ''o��f ssWeld, NOTICE f. . �4�4f.L. ,'G!l® ... of said County of Wela, being duly-sworn, say that Pursuant M The zoning laws of the State of Colorado and The WeldCounty Zoning OrdinalMWS Ion- publisher/cf ///� �ngl will ni'd in Public p ,, �//.� np O K% l/ them• ESQ `✓&,z Cemmisslenerd Of unry OileradiS fy, that the same is a weekly newspaper of general Center, 1S10j11i Calmly Bbl circulation pr nted and Colorado,at Me taBe e ey' published�/ in the persons Many mime A town of /.L. tin�yPJ _ M Use By *millR are in said county and state; that the notice or adver miWirt mes-tad to'attend amplbay be tisement, of which the annexed is a true copy, has been published in said weekly newspaper BE IT ALSO KNOWN that the text f and map se corbeled by 1110 Weldfor _ consecutive weeks Ilia! the noticewas published m the Meanly Planning ommNNM may IDoric -to -Me s 'sentinel IF Me AffliMal the regular and entire issue of every number of said Commissioner's,Walled Wad newspaper during the period h and time of pu, - County Centennial tents S 70th cation of said notice and in the newspaper 91111,Third Floor,Oraylr,.Colo- nMo. proper and not in n supplement thereof; ;hot the DOCKET NO.WI' _.Ap first publication of said not.ce was contained in Don Kobe Cam P=SL'ANT the issue of said ne•.vspaper bearing date, the 6312 SMlh CM 'nue ifta ,�y� //// Fort Couuns,COa0s2s day of1,.... /(2.7: 9 _ A.D.. 19 de? ,DATE: October 2A ]te2 - and the last publication meteor, in the issue et TIME: S : sety S PIC *lvip said ne sPcper bearing date, the �� day c: REQUEST:2:00 Usat Special .O�S Open-cut Gravel PitO 19 ii that the said •An Open-cut Part of the Noy,Section 31,town- al ship 1Ni 66 Weeelm Me Mr•P.M.,Weld Mainly, astern!). BOARD OF OpywTT has been published continuously and uninterrupt. WELD COUNTTMISl COMMISSIONERS edly during the�Aperiod of at least fifty-two con- WELD MART AN$.FEUEREILE IN secuhve weeks next prior to the first issue thereof WELD COUNTY CLERK AND containing said notice or advertisement above RECORDER ANDsLERK TO THE BEAR 1) referred to; and that said newspaper was at the BY:dada M.Foose,•tipury time of each of the publications of said notice, DATED: *amber 27, WV ****ILBFBIO Sol4Na{B�Bsr, duly qualified for that purpose within the mean- ThurMsy,93BMmaae M la ing of an act, entitled, "An Act Concerning Legal Notices, Advertisements and Publications, and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act." approved April 7, 1921, and all amendments thereof, and particu- larly as amended by an act approved, March 30. 1923, and an act--apprprorovedd May 1 1931. lishher p Subscribed nd sworn to before me this �1...._. day of _._.. .. A.D., I9.& My commission expires _.//—'1 :� Notary Public -C .2- BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION W E& N d RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS4 L m p 0 Date October 5, 1982 Case No. USR # USR-523:82:38 F APPLICATION OF Don Kohn Construction ADDRESS 6322 South College Avenue, Fort Collins, Colorado 80525 Moved by Jack Holman that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for asphalt batch plant located on the following described property in Weld County, Colorado, to-wit: be recommended (favorably) (0MaUblOttij to the Board of County Commissioners for the following reasons: 1. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas as long as appropriate extraction standards are followed. 2. The submitted materials are in compliance with application requirements of Sections 24.7; 44.1; 44.2 and 44.3 of the Weld County Zoning Ordinance. 3. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1.1 and 44, et seq. of the Weld County Zoning Ordinance as follows: Motion seconded by Ed Reichert Vote: For Passage Fred Otis Against Passage Jack Holman Bob Ehrlich Fd Reichert Fred ntic The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on October 5. 1989 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 6th day of October 19 82 . s Secretary USR-523:82:38 (Amend) Don Kehn Construction Company Open-Cut Gravel Mining Operation and Asphalt Batch Plant Part of the N1, Section 31, T1N, R66W of the 6th P.M. , Weld County, Colorado Page 2 - The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. gravel resources as identified on pages 62-63 of the Plan). - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood as well as with projected development in the future. The intended proposal will not have significant traffic or noise impacts, nor will it require significant improvements which might create incompatibility. - Use by Special Review Operations and Desgin Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. - The Overlay District affecting the site Flood Hazard District has been addressed in the attached standards for the operation. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for theis request. 2. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction on those matters outlined in the Operations Standards. 3. The applicant shall comply with Section 26.2 of the Weld County Zoning Ordinance. The owner and/or operator shall furnish the Department of Planning Services a certificate from a registered engineer that any of the development within the Use by Special Review Permit area will Hot change the direction of flow of water in a river or stream that said development will not result in a change of ten percent (10%) or more in the intermediate regional floodwater flows and that said operations will not channelize a river or stream. The applicant shall comply with Section 26.4.9 and 26.5.2 of the Weld County Zoning Ordinance, if applicable, in the event any of the above conditions will occur. 4. The Operations Standards being placed on the Use by Speical Review Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. 5. Prior to the final approval of the Use by Special Review Permit by the Board of County Commissioners, the applicant shall submit to the Weld County Planning Department an agreement with the McCann Ditch Company regarding the sand and gravel mining issues as they affect use and effectiveness of the McCann Ditch. 6. The applicant shall, prior to approval of the Use by Special Review Permit by the Weld County Commissioners, reach an agreement with the State Highway Department regarding the acceleration, deceleration and turn lanes onto U. S. Highway 85. RA:rg OPERATION STANDARDS DON KERN CONSTRUCTION COMPANY Amended USR-523:82:38 1. The uses permitted on this site shall include an asphalt batch plant and the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The haul route for this proposal shall be Weld County Road 4 to U.S. Highway 85. 3. The request shall comply with the operation policies of Section 44.4 (excluding 44.4. 7) of the Weld County Zoning Ordinance. 4. All phases of the mining and batch plant operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 5. The property owner and/or operator shall apply for a well permit to _comply with C.R.S. 1973, 37-90-137. 6. All operations on the property shall be in conformance with Weld County Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and other items which might wash away during flooding shall be located outside the one-hundred year floodplain or adequately floodproofed to avoid creation of hazardous conditions. 7. Copies of pertinent documents filed with the Mined Land Reclamation Board shall be forwarded to the Department of Planning Services office for review. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or standards, as shown or stated above, shall require the approval of an amendment of the permit by the Weld County Planning Commission before such changes from the plans and/or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated standards. Noncompliance with any of the above stated standards may be reason for revocation of the permit. RA:rg Date: ictober 5, 1982 • CASE NUMBER: Amended USR-523:82:38 NAME: Don Kehn Construction Company REQUEST: Open-cut Gravel Mining Operation and Asphalt Batch Plant LEGAL DESCRIPTION: Part of the N'1J, Section 31, T1N, R66W of the 6th P.M. , Weld County LOCATION: West of U.S. Highway 85, Northwest of Brighton THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas as long as appropriate extraction standards are followed. 2. The submitted materials are in compliance with application requirements of Sections 24. 7; 44.1; 44.2 and 44.3 of the Weld County Zoning Ordinance. 3. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1.1 and 44, et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. gravel resources as identified on pages 62-63 of the Plan) . - She proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses .in the neighborhood as well as with projected development in the future. The intended proposal will not have significant traffic or noise impacts, nor will it require significant improvements which might create incompatibility. Use by Special Review Operations and Desgin Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. - The Overlay District affecting the site Flood Hazard District has been addressed in the attached standards for the operation. The Department of Planning Services staff's recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for theis request. • 2. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction on those matters outlined in the Operations Standards. 3. The applicant shall comply with Section 26.2 of the Weld County Zoning Ordinance. The owner and/or operator shall furnish the Department of Planning Services a certificate from a registered engineer that on' 01 01e USR-523:82:38 Don Kehn Construction Company Part of the N1 , Section 31, TIN, R66W of the 6th P.M. , Weld County, Colorado Page 2 any of the development within the Use by Special Review Permit area will not change the direction of flow of water in a river or stream that said development will not result in a change of ten percent (10%) or more in the intermediate regional floodwater flows and that said operations will not channelize a river or stream. The applicant shall comply with Section 26.4.9 and 26.5.2 of the Weld County Zoning Ordinance, if applicable, in the event any of the above conditions will occur. 4. The Operations Standards being placed on the Use by Speical Review Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. 5. Prior to the final approval of the Use by Special Review Permit by the Board of County Commissioners, the applicant shall submit to the Weld County Planning Department an agreement with the McCann Ditch Company regarding the sand and gravel mining issues as they affect use and effectiveness of the McCann Ditch. 6. The applicant shall, prior to approval of the Use by Special Review Permit by the Weld County Commissioners, reach an agreement with the State Highway Department regarding the acceleration, deceleration and turn lanes onto U. S. Highway 85. RA:rg OPERATION STANDARDS DON KERN CONSTRUCTION COMPANY Amended USR-523:82:38 1. The uses permitted on this site shall include an asphalt batch plant and the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The haul route for this proposal shall be Weld County Road 4 to U.S. Highway 85. 3. The request shall comply with the operation policies of Section 44.4 (excluding 44.4. 7) of the Weld County Zoning Ordinance. 4. All phases of the mining and batch plant operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 5. The property owner and/or operator shall apply for a well permit to comply with C.R.S. 1973, 37-90-137. 6. All operations on the property shall be in conformance with Weld County Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and other items which might wash away during flooding shall be located outside the one-hundred year floodplain or adequately floodproofed to avoid creation of hazardous conditions. 7. Copies of pertinent documents filed with the Mined Land Reclamation Board shall be forwarded to the Department of Planning Services office for review. 8. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or standards, as shown or stated above, shall require the approval of an amendment of the permit by the Weld County Planning Commission before such changes from the plans and/or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated standards. Noncompliance with any of the above stated standards may be reason for revocation of the permit. RA:rg "&' lO - �2 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI [' " , I Date September 7, 1982 Case No. USR # 523:82:38 1 31982 APPLICATION OF Don Kehn Construction, Inc. Wigan Goias ADDRESS 6322 South College Avenue, Fort Collins, Colorado 80525 Moved by Bob Halleran that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for an open-rut gravel pit located on the following described property in Weld County, Colorado, to-wit: Part of the Ng, Section 31, T1N, R66W of the 6th P.M. , Weld County, Colorado be recommended (favorably) (tEtafitaailq[) to the Board of County Commissioners for the following reasons: 1. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas as long as appropriate extraction standards are followed. 2. The submitted materials are in compliance with application requirements of Sections 24. 7; 44.1; 44.2 and 44.3 of the Weld County Zoning Ordinance. 3. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1.1 and 44, et seq. of the Weld County Zoning Ordinance as follows: Motion seconded by Jack Holman Vote: For Passage Bill Diehl Against Passage Jack Holman Bob Halleran Norm Peterson Jerry Kiefer The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on September 7. 1982 and recorded in Book No. VII of the proceedings of the said Planning Commission. Dated the 9th day of September , 1982 . G e-5 4 Secretary USR-523:82:38 Don Kehn Construction, Inc. A Use by Special Review Permit for an open-cut gravel pit Part of the N2, Section 31, T1N, R66W of the 6th P.M. , Weld County, Colorado Page 2 - The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. gravel resources as identified on pages 62-63 of the Plan) . - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agri- cultural activities in the area or the County and as a Use by Special Review can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood as well as with projected development in the future. The intended proposal will not have significant traffic or noise impacts, nor will it require significant improvements which might create incompatibility. - Use by Special Review Operations and Desgin Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. - The Overlay District affecting the site Flood Hazard District has been addressed in the attached standards for the operation. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for theis request. 2. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction on those matters outlined in the Operations Standards. 3. The applicant shall comply with Section 26.2 of the Weld County Zoning Ordinance. The owner and/or operator shall furnish the Department of Planning Services a certificate from a registered engineer that any of the development within the Use by Special Review Permit area will not change the direction of flow of water in a river or stream that said development will not result in a change of ten percent (10%) or more in the intermediate regional floodwater flows and that said operations will not channelize a river or stream. The applicant shall comply with Section 26.4.9 and 26.5.2 of the Weld County Zoning Ordinance, if applicable, in the event any of the above conditions will occur. 4. The Operations Standards being placed on the Use by Speical Review -Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. 5. Prior to the final approval of the Use by Special Review Permit by the Board of County Commissioners, the applicant shall submit to the Weld County Planning Department an agreement with the McCann Ditch Company regarding the sand and gravel mining issues as they affect use and effectiveness of the McCann Ditch. 6. The applicant shall, prior to approval of the Use by Special Review Permit by the Weld County Commissioners, reach an agreement with the State Highway Department regarding the acceleration, deceleration and turn lanes onto U. S. Highway 85. RA:rg OPERATION STANDARDS DON KEHN CONSTRUCTION COMPANY USR-523:82:38 1. The uses permitted on this site shall include the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The request shall comply with the operation policies of Section 44.4 (excluding 44.4. 7) of the Weld County Zoning Ordinance. 3. All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 4. The property owner and/or operator shall apply for a well permit to comply with C.R.S. 1973, 37-90-137. 5. All operations on the property shall be in conformance with Weld County Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and other items which might wash away during flooding shall be located outside the one-hundred year floodplain or adequately floodproofed to avoid creation of hazardous conditions. 6. Copies of pertinent documents filed with the Mined Land Reclamation Board shall be forwarded to the Department of Planning Services office for review. 7. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or standards, as shown or stated above, shall require the approval of an amendment of the permit by the Weld County Planning Commission before such changes from the plans and/or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated standards. Noncompliance with any of the above stated standards may be reason for revocation of the permit. RA:rg Ck(ioz N0 , N,„\r_, ' c)J 7/2 3 6-z _c"(. 1-1-c-. ( �� f t- Lie,to CCU. CCU ,C t i e �J l� nCiJ' ZJ� 777t . e225 Ic, L gzree�vt 4t/ te-{�L.: ,6V � � �, ' , l ,,,:k L 1. fix Z,,,� 2L et-,,,4„tie,- t{,Sj , c2.3 cu,-- V , S , n , sz3 C' c47: 2 (- / 1- z � _ C v li:� j nyli,/ti Date: September 7, 1982 CASE NUMBER: USR-523:82:38 NAME: Don Kehn Construction Company REQUEST: Open-cut Gravel Mining Operation LEGAL DESCRIPTION: Part of the N1, Section 31, T1N, R66W of the 6th P.M. , Weld County LOCATION: West of U. S. Highway 85, northwest of Brighton THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas as long as appropriate extraction standards are followed. 2. The submitted materials are in compliance with application requirements of Sections 24. 7; 44.1; 44.2 and 44.3 of the Weld County Zoning Ordinance. 3. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1.1 and 44, et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. gravel resources as identified on pages 62-63 of the Plan) . - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review can take place in the district. The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood as well as with projected development in the future. The intended proposal will not have significant traffic or noise impacts, nor will it require significant improvements which might create incompatibility. - Use by Special Review Operations and Desgin Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. - The Overlay District affecting the site Flood Hazard District has been addressed in the attached standards for the operation. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for theis request. • 2. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction on those matters outlined in the Operations Standards. 3. The applicant shall comply with Section 26.2 of the Weld County Zoning Ordinance. The owner and/or operator shall furnish the Department of Planning Services a certificate from a registered engineer that any of the development within the Use by Special Review Permit area will not change the direction of flow of water in a river or stream that said development will not result in a change of ten percent (10%) or more in the intermediate regional floodwater flows and that said operations will not channelize a river or stream. The applicant shall comply with Section 26.4.9 and 26.5.2 of the Weld County Zoning Ordinance, if applicable, in the event any of the above conditions will occur. USR-523:82:38 Don Kehn Construction Company Part of the Ni, Section 31, T1N, R66W of the 6th P.M. , Weld County, Colorado Page 2 4. The Operations Standards being placed on the Use by Speical Review Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. 5. Prior to the final approval of the Use by Special Review Permit by the Board of County Commissioners, the applicant shall submit to the Weld County Planning Department an agreement with the McCann Ditch Company regarding the sand and gravel mining issues as they affect use and effectiveness of the McCann Ditch. 6. The applicant shall, prior to approval of the Use by Special Review Permit by the Weld County Commissioners, reach an agreement with the State Highway Department regarding the acceleration, deceleration and turn lanes onto U. S. Highway 85. RA:rg OPERATION STANDARDS DON KEHN CONSTRUCTION COMPANY USR-523:82:38 1. The uses permitted on this site shall include the extraction of sand and gravel as described in the application materials on file with the Depart- ment of Planning Services. 2. The request shall comply with the operation policies of Section 44.4 (excluding 44.4.7) of the Weld County Zoning Ordinance. 3. All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 4. The property owner and/or operator shall apply for a well permit to comply with C.R. S. 1973, 37-90-137. 5. All operations on the property shall be in conformance with Weld County Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and other items which might wash away during flooding shall be located outside the one-hundred year floodplain or adequately floodproofed to avoid creation of hazardous conditions. 6. Copies of pertinent documents filed with the Mined Land Reclamation Board shall be forwarded to the Department of Planning Services office for review. 7. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or standards, as shown or stated above, shall require the approval of an amendment of the permit by the Weld County Planning Commission before such changes from the plans and/or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated standards. Noncompliance with any of the above stated standards may be reason for revocation of the permit. RA:rg CASE SUMMARY SHEET Case Number: USR-523:82:38 Size of Parcel: 33.25 acres, more of less Request : A Use by Special Review Permit for an open-cut gravel pit Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The State Highway Department has requested additional information on the amount of traffic that this proposal will generate when the trucks turn on to U.S. Highway 85. RA:rg WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc.) Weld County Department of Planning Services 915 - 10th Street, Greeley, 01) Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case ;Dumber: U15--).3.S2_, ,3(? Date Application Received: 7.27f- 2_, PC Hearing Date: cer-L-7/ Section: , Township: North, Range: West Zoning District: Air Recording Fee: Permit Fee: Recording Fee Receipt #: Receipt Number; /:) ;/540 Application Reviewed By 1Z-14- To Be Completed by APPLICANT In Accdrdance With Procedural Guide Requirements : 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut GRAVFI pIT (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: PART OF THE NORTH HALF, SECTION 31 , TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO (SEE ATTACHED LEGAL DESCRIPTION) TOTAL ACREAGE: 2. Surface owner(s) of area of land described Name: . DENTS CLANAHAN, TRUSTEE FOR THE CRABS TRUST 718 - 17.th STR ET, #1950 Phone: 623-3737 DENVER, COLORADO 80202 3. Owner(s) of mineral rights to substance to be mined Name: DENIS B. CLANAHAN, TRUSTEE FOR THE CRABB TRUST 718 - 17th STREET, #1950 Phone: 623-3737 DENVER, COLORADO 80202 4. Source of applicants Legal Right to enter and to mine on the land described: MINING LEASE BETWEEN OWNER & OPERATORS SUBJECT TO STATE & COUNTY APPROVAL OF MINING OPERATION - DRAFT ATTACHED (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants DON KEHN CONSTRUCTION, INC. Phone: 493-0103 General Office address : 6322 SOUTH COLLEGE AVENUE Phone: 226-4111 FORT COLLINS, COLORADO 80525 6. Identify any prior permits for open cut mining held by applicant or affiliated person: HARMONY PIT. LARIMER COUNTY. COLORADO #77-552_ 7. Description of Operation a. Types and number of operating and processing equipment to be employed: 1 - 250 TON/HR. CRUSHER W/WET SCREEN CONVEYORS, SCALES 1 - 200 TO 250 TONS/HR. PORTABLE ASPHALT PLANT DRAGLINE, SCRAPERS, TRUCKS & LOADERS b. Maximum number of employees : 5 TO 10 , and number of shifts : 1 1 li c. Humber of stages to be worked: THREE , and periods of time each is to be worked: 4 YEAR; 3 YEAR; 2 YEAR -- TOTAL 9 YEARS d. Thickness of mineral deposit: 35 - 40' feet, and thickness of the overburden: 3 - 5' e. This will be a wet/xi( XXXt operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : EXISTING ACCESS TO U.S. HIGHWAY N0, 85 AT 176th AVENUE (COUNTY ROAD NO. 4) 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : LAKE AND RECREATION USES b. Source of technical advice for reclamation: SOIL CONSERVIATION SERVICE, STATE GAME AND FISH c. Explanation of Reclamation Process : 1. TOPSOIL STOCKPILED. 2e OVERBURDEN MOVED TO PREVIOUSLY MINED AREA AND PLACED ON BANKS OF POND. 3. BANKS SHAPED AND TOPSOIL REPLACED. C4, PLANTING AND RECLAMATION CONTINUOUS WITH MINING OPERATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD DON KEHN CONSTRUCTION, INC. STATE OF COLORADO Signature: Daher/Authorized Agent . ,,i.u6"Scried and sworn to before me this .•- b day of p`oC.c�t , 1982: ; •-•4"-" * SEAL cZ-CreiC/ . 0 •.'" C D L E C'f o NOTARY PUBLIC 906 / A CN + commission expires /986 k 8 APPLICATION & REPORT FOR DON KERN CONSTRUCTION, INC. OPEN CUT GRAVEL PIT NORTH HALF, SECTION 31, TOWNSHIP 1 NORTH RANGE 66 WEST, 6th P.M. , WELD COUNTY, COLORADO July, 1982 Submitted By: DON KEHN CONSTRUCTION, INC. 6322 South College Avenue Fort Collins, Colorado 80525 Phone: (303) 226-4111 Prepared By: McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Phone: (303) 356-3101 PROJECT NO. 82005 TABLE OF CONTENTS EXHIBIT SECTION ITEM PAGES Table of Contents 1 Application Forms 1. Colorado Mined Land Reclamation 2 - 5 2. Weld County 6 - 8 General Information 9 - 12 1. Report Information 2. Location Description 3. Ownership 4. Topography and Present Use 5. Adjoining Uses 6. Zoning 7. Flood Plain and Drainage 8. Site Access and Traffic Flood Plain Map A Legal Description A-1 B Index Map B-1 C Pre-Mining Plan C-1 - C-5 1. Aggregate Reserve Estimate 2. Pre-Mining Plan Map (Back Pocket) D Proposed Mining Plan D-1 - D-3 1. Sand & Gravel Resources 2. General Operating Methods 3. Operations Phasing 4. Time Schedule 5. Site Disturbance Mining Plan Map (Back Pocket) E Reclamation Plan E-1 - E-4 F Reclamation Plan Map (Back Pocket) G Water Information G-1 - G-6 H Wildlife Information H-1 I Soils Information I-1 - 1-7 J Vegetative Information J-1 - J-3 L Reclamation Costs L-1 P Owners of Record of Surface & P-1 - P-6 Subsurface Rights Q Appendix Q-1 - Q-18 1, Source of Legal Right to Enter 2. Local Government Approval 3, Other Permits & Licenses MAP POCKET McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development July 23, 1982 PROJECT NO. 82005 Colorado Department of Natural Resources Colorado Mined Land Reclamation Board 1313 Sherman Street Denver, Colorado 80203 RE: DON KERN CONSTRUCTION, INC. APPLICATION FOR OPEN GRAVEL PIT NORTHWEST OF BRIGHTON, WELD COUNTY, COLORADO Gentlemen; Enclosed are four (4) copies of the application form and all attachements for your review of this project. Also enclosed is a check for $477.50 for the application fee. An application is being made concurrently to the Weld County Commissioners for review and issuance of a Special Use Permit including Development Standards . A copy of this action and permit will be forwarded for your files as soon as complete. Please advise us if any additional information is required and of the proper procedure to complete this application. Respectfully, Don Kehn Construction, Inc. McRae & Short, Inc. c2g-srai/E7A-S2 Gerald B. McRae, P.E. & L.S. Colorado Reg. No. 6616 2 of COQ DEPARTMENT OF NATURAL RESOURCES Q/ 9d D.Monte Pascoe.Executive Director O MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director *18 T6 Richard D.Lamm Governor REGULAR (112) PERMIT APPLICATION • FORM State of Colorado Application for Mining and Department of Natural Resources Reclamation Permit, Pursuant to MINED LAND RECLAMATION BOARD AND DIVISION 34-32-101 et seq. , C.R.S. 1973, 1323 Sherman Street, Room 423 as amended Denver, Colorado 80203 (303) 866-3567 (Type or Print Clearly) 1. Name of Operation I DON KFHN CONSTRUCTION. INC. (pit, mine or site name) BRIGHTON PIT 2. Name of Applicant/Operator DON KEHN CONSTRUCTION, INC. (name to be used on permit) 3. Address and Phone Number of Local Office ..... 1. Address and Phone Number of 6322 SOUTH COLLEGE AVENUE General Office FORT COLLINS, CO. 80525 PHONE: 226-4111 5. Name and Phone Number of Person DON KEHN Staff Members Should Contact PHONE: 226-4111 (Fort Collins) 6. Parent Corporation, If Any NONE (include name and address) 7. Owner(s) of Record of Affected THE CRABB TRUST Land (surface area) (if more than two, list in DENIS B. CLANAHAN, TRUSTEE EXHIBIT P) 8. Owner(s) of Substance to be THE CRABB TRUST Mined (if more than two, list in EXHIBIT P) DENIS B. CLANAHAN, TRUSTEE 9. Source of Legal Right to Enter MINING LEASE BETWEEN OWNER & OPERATOR SUBJECT TO STATE (indicate what type of proof is included in EXHIBIT 0) see AND COUNTY APPROVAL OF MINING OPERATION 34-32-112(2) (d) 10. Type of Mine and Substance to OPEN PIT -- SAND & GRAVEL be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined) 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 3 REGULAR (112) PERMIT APPLICATION FORM -2- 11. General Location and Elevation I MITE NORTH OF BRIGHTON. COLORADO (miles and direction from nearest town and approximate SITE ELEVATION 4940 site elevation) 12. County WELD COUNTY 13a. Total Surface Acreage to be In- cluded in Permit. (see Rule 11(2)) 33.75 ACRES (INCIUDES 4.7-� ACRES IN RIVER) 13b. Total Acreage of Affected Lands (see Rule 2.11(14)) 28.5 ACRES 14. Application Fee (see RULE 2 to $477.50 determine amount, based on permitted area) 15. Present Land Use (i.e., agri- cultural, industrial, etc.) VACANT FEED LOT 16. Surrounding Land Uses INDUSTRIAL AND AGRICULTURAL 17. Proposed Future Land Use (final use after reclamation) CONSERVATION AND RECREATION 18. List Mining Operations Currently NONE In Violation of the Act. (see 34-32-120) 19. The Lands Herein Do Not Affect NO SUCH LANDS WITHIN PERMIT AREA any of the Lands Described in Section 115(4) (f) of the Mined Land Reclamation Act. (specify affirmation) MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicant must submit a correspond- ing set of the maps and exhibits outlined in RULE 2, as follows: 1. EXHIBIT A - Legal Description 2. EXHIBIT B - Index Map 3. EXHIBIT C - Pre-mining and Mining Plan Map(s) of Affected Lands 4. EXHIBIT D - Mining Plan 5. EXHIBIT E - Reclamation Plan 6. EXHIBIT F - Reclamation Plan Map 7. EXHIBIT C - Water Information 8. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Information 11. EXHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs Ji. EXHIBIT M - Compliance with Local Zoning ) See 34-32-115(4)(e)& 109(6)&(8) EXHIBIT N - Other Permits or Licenses ) See 34-32-115(4) &(4) (c) at. EXHIBIT 0 - Source of Legal Right to Enter ) See 34-32-112(2) (d) 16. EXHIBIT P - Owners of Record of Surface and Subsurface Rights) See 34-32-112(2) (b) &(c) 4 REGULAR (112) PERMIT APPLICATION FORM -3- NOTICE OF PROCEDURES After the application is considered "filed" (pursuant to RULE 1.1(10)) with the Mined Land Reclamation Division, notice procedures outlined in RULE 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR Staff informing you of the completeness ("filing") of your application. ADDITIONAL INFORMATION This space can be referenced for further information of any of the items in this form. S To the best of my knowledge, all the information presented in this application is true and correct. -BY: TITLE: (Signature by individual legally authorized to bind the operator to this application) DATE: G ' (Rev. 3/9/82) 5 McRAE & SHORT, INC. 1227 - 8th Avenue -44. Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development July 23, 1982 Weld County Department of Planning Services PROJECT NO, 82005 Centennial Center 915 - 10th Street Greeley, Colorado 80631 RE : SPECIAL USE PERMIT APPLICATION FOR OPEN CUT MINE PERMIT DON KEHN CONSTRUCTION, INC, NORTHWEST OF BRIGHTON, WELD COUNTY Gentlemen; Enclosed are sixteen (16) copies of the application form and supporting information for your review of this project. Also enclosed is a check for $155,00 for the application fee. An application is being made concurrently to the Colorado Mined Land Reclamation Board. We will keep you informed of the progress and requirements of this Board. Please advise us if any additional information is required. Respectfully, Don Kehn Construction, Inc. McRae & Short, Inc, ` � r-7 c 7t Don Kehn Gerald B. McRae, P.E. & L.S. Colorado Reg. No. 6616 6 WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: • Date Application Received: PC Hearing Date: - Section: , Township: __. North, Range: West Zoning District: • Recording Fee: Permit Fee: Recording Fee • Receipt #: Receipt Number: i Application Reviewed By To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1. I (we) , the undersigned, hereby request a hearing before the Weld County -Planninn Commission concerning a proposed Open Cut GRAVEL PIT (gravel, coal, borrow pit, etc. ) mining operation for the following -described unincorporated area of Weld County: LEGAL DESCRIPTION: PART OF THE NORTH HALF, SECTION 31 , TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO (SEE ATTACHED LEGAL DESCRIPTION) TOTAL ACREAGE: 2. Surface owner(s) of area of land described name: . DENIS B. CLARAHAN, TRUSTEE �R THE CRABB TRUST 718 - 17th STP LT. #1950 Phone: 623-3737 DENVER, COLORADO 80202 2. Owner(s) of mineral rights to substance to be mined Name: DENIS B. CLANAHAN, TRUSTEE FOR THE CRABB TRUST 718 - 17th STREET, #1950 Phone: 623-3737 DENVER, COLORADO 80202 4. Source of applicants Legal Right to enter and to mine on the land described: MINING LEASE BETWEEN OWNER & OPERATORS SUBJECT TO STATE & COUNTY APPROVAL OF MINING OPERATION - DRAFT ATTACHED (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants DON KEHN CONSTRUCTION, INC. Phone: 493-0103 General Office address: 6322 SOUTH COLLEGE AVENUE Phone: 226-4111 FORT COLLINS, COLORADO 80525 6. Identify any prior permits for open cut mining held by applicant or affiliated person : HARMONY PIT, LARIMER COUNTY. COLORADO #77-552 7. Description of Operation a. Types and number of operating and processing equipment to be employed: 1 - 250 TON/HR. CRUSHER W/WET SCREEN CONVEYORS, SCALES 1 - 200 TO 250 TONS/HR. PORTABLE ASPHALT PLANT DRAGLINE, SCRAPERS, TRUCKS & LOADERS b. Maximum number of employees : 5 TO 10 , and number of shifts : 1 7 c. Number of stages to be worked: THREE , and periods of time each is to be worked: 4 YEAR; 3 YEAR; 2 YEAR -- TOTAL 9 YEARS d. Thickness of mineral deposit: 35 - 40' feet, and thickness of the overburden: 3 - 5' e. This will be a wet/dE* XO-E operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : EXISTING ACCESS TO U.S„ HIGHWAY NO. 85 AT 176th AVENUE (COUNTY ROAD NO, 4) 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : LAKE AND RECREATION USES b. Source of technical advice for reclamation: SOIL CONSERVIATION SERVICE, STATE GAME AND FISH c. Explanation of Reclamation Process: 1. TOPSOIL STOCKPILED. 2. OVERBURDEN MOVED TO PREVIOUSLY MINED AREA AND PLACED ON BANKS OF POND. 3. BANKS SHAPED AND TOPSOIL REPLACED. 4. PLANTING AND RECLAMATION CONTINUOUS WITH MINING OPERATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD DON KEHN CONSTRUCTION, INC. STATE OF COLORADO r Signature: Owner/Authorized Agent p' .. ..s.1,4c?ibed and sworn to before me this / day of 6�u�,e , 198t aerreel."?* ...o.� * or CITY P 7> E D NOTARY PUBLIC u ._ /ZZ7 .Ace • G® Sv63/ CIA}✓ Commission expires X98 8 GENERAL 1. REPORT INFORMATION The site has previously been considered by the previous owner and/or operators for use as a gravel extraction operation. Portions of this report use information previously developed and various operators' names may appear as the persons originally requesting the information. We have attempted to combine the property information with Don Kehn Construction Company's desires and procedures in preparing this application. 2. LOCATION The subject property consists of 33.2 Acres and is located in the North Half of Section 31, Township 1 North, Range 66 West of the 6th P. M. , Weld County, Colorado. More specifically, the property is located adjacent to and West of U.S. Highway No. 85, about 3/4 mile North of the Adams-Weld County line. The property is bounded on the West by the South Platte River. 3. OWNERSHIP The property is owned by The Crabb Trust, Denis B. Clanahan, Trustee. A Mining Lease has been drafted. The final document is to be executed after approval by the Colorado State Mined Land Reclamation Board and the County Commissioners of Weld County, Colorado, for a mining opera- tion. 9 4. TOPOGRAPHY AND PRESENT USE: The Westerly 150't of the site lies within the main channel of the South Platte River. The approximate channel water elevation at the site is 4937. The 500 to 800 feet lying to the East of the river channel is very flat with an elevation of about 4940. The Easterly 150 ± rises 2 to 6 feet to the highway Right-of-Way. The elevation of the highway is about 4957. . .about 11 feet above the main portion of the property. Presently, the subject property is vacant and not being used. The area was formerly used as a feedlot operation. The only improvements on the property are a few feed bunk service roads. A large underpass under U.S. Highway No. 85 is located about 300 feet North of the Southeast corner. 5. ADJOINING USES: The surrounding area is presently used for a variety of uses. The area to the West along the river channel is agricultural pasture land. Directly to the South is a small salvage yard. Lying to the North is Norden & Sons Contractors (Oil Field Contractors) , Rocky Mountain Aggregates (Concrete Plant) , and Mobile Premix (Concrete Plant) , and other oil field service and storage areas. Directly to the East of the Highway No. 85 is a vacant feed lot and to the North and South are several oil field service and storage areas. The only residence in near proximity is located about 600 feet South of the South property line. 6. ZONING: The property is presently zoned "A" - Agricultural . The area to the South and West of the proposed site is also "A"-Agricultural . The area to the North and East of the proposed site is Zoned I-3 Industrial . The Northerly City Limits of Brighton lie about 1000 feet to the South- east of the South property line. 10 7. FLOOD PLAIN AND DRAINAGE: Sheet 12 is a copy of a portion of the Flood Insurance Rate Map for this area. It indicates the area of the 100-Year Flood and would just encroach on the South, West and Northwest property lines. The main portion of the site could be subject to flooding in extreme conditions. The area designated for plant, office and main storage lie well above the anticipated 100-Year Flood level . The only storm drainage affecting the property is from a 15± Acre offsite area lying just East of Highway No. 85. The storm drainage runoff from this area has been channelled, by the construction of the highway, to the underpass. In the present condition, any storm flow would cross the site in sheet flow. There is no evidence of an established channel created by past flows . After the mining, this flow will enter and "flow through" the pond, with the benefits of detention and settling. 8. SITE ACCESS AND TRAFFIC: Access to the site is located at U.S. Highway No. 85 and 176th Avenue (Road No. 4) . There is a median across Highway No. 85, but 176th Avenue does not run West of U.S. Highway No. 85. The access at this point serves the general area West of U.S. Highway No. 85, including Mobile Premix; Norden & Son Contractors, Inc. ; Rocky Mountain Aggregates and the proposed gravel operation. A gravel driveway area connects the access point to the proposed facility. 11 c� 11 i f { , `yr �, 4 . r f1 ie r 5 Iltu ICI k p�4 # Ml #i fir SR\SW IV M4Q. aP Fy�, rr x a r / ri' r iX Ky.jja jj C 1I Fa 31 to k. '--ia ro Lk4f r,� / J 'L c t X d el rc' ‘; ° d. xitTibdn 'y, �i • • r �� '4u .�A G ,4.,o- a J`y T'' -yy't .w \ • M G /1 k ' I �� ^4 3 �/ 853I . Y x tt N. r {M 4 YY A i A Xy� fk.� .Y a'8 IFF �` � N�y '{�t ��MMM�� t t t t 0 4, . ,r 7„, "'"s ` A _ _ / a a ° 1C CO ly O O s Q 'F w CO I- o m IL'9 Q T Z Q rn •=a cn d = 0 G - N F- F- d W et. r = O UJ O S Z �? u.` �"� W p co Q W Z_ Q K' z J co 1— S S z ce a Q U = = U U LC) w O LL. Q • D � Q N V F CI .t; d 0 La.. 'M F- W W Z F W v .= Z < wW o C A O m o ° z g p cc c O A o x = f Z U) W r O . cd CLA m ° Se � Q z Cd o c' ?VI z illA = A Q z w a v p 4 ¢ c o W "'7 z w p w P J �1 Q Z C .,w.. fn ° z �� 1.1. ✓ U a Y2 C S Q LL b - ].2 O I--, I -- d W J C CD W J Q F- 01 Z X W LEGAL DESCRIPTION PART OF THE NORTH HALF (N1/2) OF SECTION 31 , TOWNSHIP 1 NORTH , RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WEST LINE OF U.S. HIGHWAY NO. 85 FROM WHICH POINT THE NORTHEAST CORNER OF SECTION 31 BEARS NORTH 01° 39' 00" EAST, 214.33 FEET; AND NORTH 78° 41 ' 00" EAST, 2342.5 FEET; THENCE NORTH 90° 00' 00" WEST, 331.78 FEET TO A POINT ON THE NORTH AND SOUTH CENTER- LINE OF SECTION 31 WHICH IS 660.00 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 31 ; THENCE NORTH 90° 00' 00" WEST, 850.00 FEET, MORE OR LESS, TO THE WEST BANK OF THE SOUTH PLATTE RIVER; THENCE SOUTHEASTERLY ALONG THE WEST BANK OF THE SOUTH PLATTE RIVER TO A POINT WHICH BEARS SOUTH 05° 51 ' EAST, 1412.32 FEET FROM THE LAST DESCRIBED POINT AND WHICH IS 560.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 31 ; THENCE EASTERLY 584.00 FEET, MORE OR LESS, TO A POINT ON THE WEST BANK OF THE McCANN DITCH WHICH IS 560.00 FEET NORTH AND 116.00 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 31; THENCE NORTHERLY AND EASTERLY ALONG THE WEST BANK OF THE McCANN DITCH 500.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 47° 11 ' EAST, 439.7 FEET FROM THE LAST DESCRIBED POINT; THENCE SOUTH 83° 13' EAST ALONG THE NORTH BANK OF THE McCANN DITCH 68.9 FEET TO A POINT ON THE WEST LINE OF U.S. HIGHWAY NO. 85 ; THENCE NORTHERLY ALONG THE WEST LINE OF SAID HIGHWAY ON A CURVE TO THE LEFT WITH A RADIUS OF 2765.0 FEET, A DISTANCE OF 178.8 FEET, THE LONG CHORD OF WHICH CURVE BEARS NORTH 03° 30" EAST, 178.8 FEET; THENCE NORTH 12° 11' EAST ALONG THE WEST LINE OF SAID HIGHWAY, 136.7 FEET; THENCE NORTH 01° 39' EAST ALONG THE WEST LINE OF SAID HIGHWAY, 802.47 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL OF LAND CONTAINS 33.25 ACRES , MORE OR LESS, AND INCLUDES 4.7 ACRES MORE OR LESS IN THE CHANNEL OF THE SOUTH PLATTE RIVER, LEAVING A NET USEABLE AREA OF 28.5 ACRES , MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED FROM INFORMATION PROVIDED AND DOES NOT REPRESENT A BOUNDARY SURVEY. SURVEYOR' s CERTIFICATE I DO HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION WAS PREPARED Wattg 1982. tvF,�visteg .?,f cz le-777I o'er GERALD B. McRAE, PROFESSIONAL ENGINEER AND * 6616 =* REGISTERED LAND SURVEYOR, COLORADO REG. NO. 6616 S Nom: o �9T•A ` 8 °rO A - 1 a x w C oa I as x w r- r asz� ) ,c9. a i 4950 _ -.. , • • sc4, AI In 12) . • ' ' ;) ) , --- . z �� 28 �I x 30 29� UUU / p(; �•(� _ • •• 496/ IV C I,ry \ •.• . I I I• \\ ��_\` <9 s .._uave ) __ % tr4rjI \ (' y rc . / J \ rrON KEH v •.� A� _I /au o 36 2. : 'ir f\ \ic 2/ p Hr N O I/��I 'd O �M ' BM • ' y' ,. : �BASE• 4968•• 4970 -.- LINE 1 • •I 60 4/I,• e V a I G, V jI ORS T) I �i c� ' Ili � r i / � a II • e�r- dot• ��I711 �� I j 1 l S T • ..I I X 1 U 5' F „I�a"o 1 ii I i Well , // , ; � 2 49611 x � • _n Y In ti• • I �p�� 'IS l I, HI / � _ Z It�lhm JII - v51it ° L � �� i , ° �� ( el i— :Scut ut�' e f4c ' I 1. 1 1 PI'M1•,I� •Y. 1 VICINITY MAP B-1 a_ CD • i w U I- W 4-4 w AGGREGATE RESERVE ESTIMATE FOR: PLATTE GRAVEL CORPORATION Weld County, Colorado April , 1980 Prepared By: Roman V. Bockus AICP Manning Consultant American Institute Certified Planner P.O. Box 243 Eastlake , Colorado 80614 C - 1 TABLE OF CONTENTS I . Introduction A. Location B. Scope of study II . Geology A. General Geology B. Structure of formations C. Gravel bearing strata III . Resource Estimates A. findings B. Calculations IV. Summary and -Conclusions C — 2 I. INTRODUCTION A. LOCATION The area evaluated for aggregate resources is located in Section 31 , TiN, R66W in Weld County, Colorado and more specifically located between U. S. Highway #85 and the South Platte River, one half (1/2) mile north from Weld-Adams County line. The area evaluated for aggregate resources contains 35.2 acres +. B. SCOPE OF STUDY The scope of this study was to determine the aggregate resources for the above described property. The study is based on the Weld County -Reports "Mineral Resource -Study," Volume I , "Extraction Plan," Volume II , published in 1975 and the Reports 3-A and 5-B, "Sand, Gravel and Quarry Aggregate Resources , Colorado Front Range Counties ," published by State Geological Survey, Department of Natural Resources , 1974. Additionally, the authors extensive experience in preparing numerous mining and reclamation reports for different clients along the South Platte River in Adams County end his knowledge of sand and gravel land values , based on recent transactions or asking prices , was also utilized in this study. No actual test holes were drilled for our area in study. II . GEOLOGY A. GENERAL GEOLOGY The aggregate resources found on subject property were deposited by the South Platte River and its tributaries in the Post-Piney Creek, Broadway and Louviers Allubiums which overlie the sandstones and shales of the Denver-Arapahoe formation. B. STRUCTURE AND FORMATIONS The bedrock formation encountered in our study area is the Cretaceous Denver-Arapahoe Formation which is composed of thin to thick bedded clayey, sandy and silty sandstone. The aggregate bearing alluvium is generally composed of commercial quality sand and gravels. The above aggregate bearing alluvium is free of any major geologic structures such as faults , joints or folds. Water depths have been observed to range from 2' to 6' . It must be noted that the water levels will fluctuate with the change of seasons and the corresponding runoff in the South Platte -River. C - 3 C. GRAVEL BEARING STR-ARA According to the above mentioned reports by Weld -County and the State of -Colorado, the study area contains aggregate resources of -commercial quality classified as T-4 Terrace Fill deposits and F-4, Flood Plain deposits. This , of course, is further reinforced by existing or proposed sand and gravel operations adjacent, or in the vicinity of our study area. Without any doubt our study area contains commercial aggregate deposits similar to those found south and north in the existing -operations , along the South Platte River. III . RESOURCE ESTIMATES' A. FINDINGS The following projected findings of aggregate resources are based on the before mentioned reports by Weld County and the State of Colorado and also the author's estimate based on his knowledge and experience in his numerous other similar estimates that he has prepared for other cli-ents. It is estimated that our subject property has aggregate resources ranging from 30' to' 40' in depth. Using a median figure of 35' we can estimate the aggregate resource for 35.2 acres of area are approximately 2,000,000 cubic yards or 3;000,000 tons . Of this 2,250,000 tons -are commercial quality sand and gravel , the balance teing overburden and topsoil material . The above estimate represents identical results percentage-wise as compared to other similar estimates and areas , as to the amounts of overburden-topsoil and commercial quality aggregates. T. CALCULATIONS On per acre basis the subject property has 63,000 tons of aggregate material per acre; however, approximately 9 acres of subject property is unminable because it is the South Platte River which constitutes the western boundary of the property. Subtracting the -9 acres (are occupied by the South Platte River) we ha-e a net mining area of 26.2 acres and aggregate resource of 1 ,650,000 tons for the property. IV. SUMMARY AND CONCLUSIONS The property does contain an aggregate resource of 1 ,650,000 tons which compares favorably with other similar sand and gravel areas and/ or operations . Included below are areas and locations of other sand and gravel areas-operations and their land costs/acre: C - 4 1 . 148th Avenue and the Old Brighton Road, 80 acres - asking price $8,000 per acre. Located approximately 3.5 miles south from our study area in Adams County. 2. 150th Avenue and U.S. Highway #85, 60 acres sold to sand and gravel company for $6,800/acre. Located approximately 3 miles south from our study area in Adams County. 3. 128th Avenue and the Old Brighton Road , 50 acres - asking price $11 ,000/acre. Located approximately 6 miles south from our study area in Adams County. 4. 112th Avenue and U.S. Highway #85, 200 acres , asking price of $8500/acre. Located approximately 7.5 miles south from our study area in Adams County. We can see from the above that the land costs/acre of sand and gravel land ranges from a low of $6800 per acre to a high of $11 ,000 per acre. In conclusion it can be stated that the per acre land cost for our study area would range between $5500 and $8500 per acre. C - 5 a c.7 0-4 r—. X W EXHIBIT D - PROPOSED MINING PLAN 1. SAND AND GRAVEL RESOURCES: It is estimated that applicant's property contains a total of 1,141,000 gross tons of recoverable commercial quality sand and gravel . Approxi- mately 10% or 114,000 tons of the above is overburden and topsoil material which will have to be removed and properly stor-ed to recover the commer- cial aggregates. The overburden, including topsoil , will be used in accomplishing the reclamation plan as submitted. 2. GENERAL OPERATING METHODS : The operation proposed for the sit-o is an open pit gravel -operation utilizing normal construction equipment including draglines , loaders , scrapers, dozers and trucks. The Equipment will operate in a manner normally used for both wet and dry gravel mining operations and construc- tion excavations. Noblasting will be required. Only the portion of the area being used for excavation, stockpile storage and the processing area will be removed from the existing use and land cover condition. The final configuration will be established concurrently with each mining phase so the reclamation phases can proceed. The mining operation will begin along the Southerly Edge of the property. The first step will be to remove and dispose of any debris. The second step will be the removal and proper stockpile storage of any topsoil . The overburden will then be removed and stockpiled in a temporary posi- tion until the South perimeter is mined. It will then to replaced along the South perimeter to reinforce the area along the McCann Ditch and provide access for future use. The mining operation will then proceed in a Northerly direction using a dragline for excavation with no de- watering taking place. After the initial start-up phase, the overburden can be placed in the final position along the edges of the previously mined area as the mining proceeds, thus requiring this material to be handled only once and also minimizing the disturbed area. The main haul road servicing -the total area will be located along the Easterly edge of the property. The road will be improved for heavy truck traffic and treated to minimize the dust as required by the State Health Department. The access road can remain after the area is mined to provide vehicular access to the Southerly property line and the highway underpass. D - 1 Pit-run material will be stockpiled at the point of excavation. As material is needed for special processing it will be trucked to the plant area located at the Northeast corner of the site. Crushing, washing, screening, stockpiling and weighing will be accomplished in this area. The site office in this area will manage this service area and control access to the pit area. This area is above the defined 100-Year Flood Plain. As mentioned earlier, no dewatering will be done for the mining opera- tion and the excavated pond area will act as a settling basin during the mining. Also, all water used in the processing will be obtained by pumping from the pond and will be returned to the pond for settling. The operator anticipates placing a portable asphalt plant rated at 150 to 200 tons/hour on the site in order to make additional use of the sand and gravel and to meet the needs of the construction industry. 3. OPERATIONS PHASING: Mining of the proposed area is estimated to be accomplished during a nine-year period. The actual life of the operation will vary depend- ing upon the economic conditions and demand for the products. The mining plan will run continuously from South to North. There are no restrictions or parameters defining: specific areas , ponds , or phases . The area has been divided into three phase areas,as noted on the Mining Plan (Exhbit D), for analysis of the time schedule, the gravel volumes and the site disturbances. 4. TIME SCHEDULE: The following time table has been prepared to show the projected schedule and is based on a production of 85,000 Tons the first year with a 10% annual increase thereafter. YI AR ANNUAL TONS ACCUMMULATIVE TONS 1 85,000 85,000 2 93,000 178,000 3 103,000 281,000 4 113,000 394,000 PHASE 1 5 125,000 519,000 -6 137,000 656,000 7 151,000 807,000 PHASE 2 8 166,000 973,000 9 182,000 1,155,000 PHASE 3 D - 2 5. SITE DISTURBANCE: The -Colorado Mined Land Reclamation Board has defined different degre-es of disturbance in a mining and reclamation operation. The definition of those three types of disturbance is as follows : Major Disturbance: That area of a mining operation that includes excavations , overburden spoils, and topsoil stockpiles. Moderate Disturbance: That area of a mining operation which is -a result of backfilling of -an open cut, stabilization of waste dumps , leveling of overburdened soils, the smooth grading and the distri- bution of topsoil or other suitable approved plant growth median. Alto includes within the -affected area, on-site privateways; roads; railroads ; evaporation or settling ponds ; leeching -dumps ; work parking storage or discharge areas and areas in which structures, facilities, equipment, machines, tools or other materials or pro- perties which result from or are used in the mining operation are situated. Minor Disturbance : That area of a mining operation which is under- going preparation immediately prior to planting or seeding, is being planted or seeded, or has been planted or seeded and has not been released from bond upon full completion of all reclamation require- ments as set forth in the permit. Im analyzing the total 33.2± Acre site, we calculate the following breakdown for uses : River Channel 4.7 Acres 2-5t Setbacks from Boundary or River 1.9 Acres Haul Roads 0.5 Acres Plant, Storage & Office Area 2.1 Acres Total 9 4 Acres Net Useable for Mining on Site 24.0 Acres Useable for Mining per Phase 8.0 Acres D - 3 r1 ti a U W W F- .-I W Y. LiJ EXHIBIT E - RECLAMATION PLAN Reclamation, as mentioned earlier, will be a concurrent, ongoing activity with mining, backfilling, contouring and sloping, as part of mining and reclamation process. The finished reclaimed area will be utilized as a private recreation facil- ity, providing Habitat for fish and wildlife. The reclaimed area will consist of a lake of 18.0 acres t.in water surface, with the balance of the property reclaimed as land area of 1.0 acres . All land areas will he reclaimed to the original contours, ranging from 4939' to the south end of the property to 4940' at the north. All banks will be finished not to exceed 3:1 slope and will be properly shaped and graded to prevent and control erosion. All of the existing stored topsoil will be applied and harrowed into the existing soil in preparing the ground for seeding. Forty pounds of -nitrogen and 40 pounds of phosphorous per acre will be thoroughly mixed--worked into the soil . All seeding will be done between October r5th and April 13th. Seeding depth will be 1/2 to 1 inch. Seeding will be done by employing a grass drill with depth bands and press wheels. To protect the seeded areas , approximately 30-00 to 4000 pounds per acre of air dry straw will be mulched for the total area. Weed control will be initiated either through spraying with herbicides or by mechanical mowing. The following seeds and their mix rate will be employed in reclaiming our land ares : Seed % of Mix Seeding Rate AC (Pure Live Seed) Blackwell Switchsgrass 30% 2.3 Pounds/Ac Barton Western Wheatgrass 30% 4.8 Pounds/Ac Sodar Streambank Wheatgrass 20% 2.2 Pounds/Ac The only area with existing trees is along the bank of the McCann Ditch, where cottonwoods dominate. In addition, all reclaimed 1-and areas will be planted with numerous trees in groups of 3 - 3, as noted on the Mining Plan, Exhibit I). Between 50 — 75 trees of each speci-es will be planted in the area. The following speciaes will be utilized : Russian Olive Golden Willow Honeylocust All of the above tree species are either native to the area or will readily adopt to our reclaimed area. Access to the reclaimed Recreation -Area will be same as utilized during the mining process. For additional recommendations and information on reclamation process, please refer to Report as prepared by Soil Conservation Service, Brighton Office, which follows. It is felt that the reclaimed area will constitute an improved fish and wild- life habitat and recreation opportunities where presently none exist. E - 1 • United States Soil 1W) Department of Conservation -P.D. Box 487 — grighton, CO 80601 Wits/ -Agriculture Service March 28, 1980 Roman V. Bockus P.O. Box 243 Eastlake, CO 80614 Enclosed please find a vegetative survey and reclamation plan far -Baja Ranch, Platte Valley Gravel Corporation and I: & M Sand to. Because of the time of the year, it is impossible to identify all species found on this property. • Many annual species are blown away from the area during high windy -periods. Some annuals are just starting to germinate and cannot be easily identified. However, the enclosed list includes the majority of the plants found on this property. If I can be of any further assistance feel free to call. Sincerely, Jeff Burwell, District Conservationist Soil Conservation Service Brighton, op 80601 enclosure: E - 2 • RECLAMATION PLAN BAJA RANCH LTD, C & M SAND CO. , & PLATTE GRAVEL CORP. 1. TOPSOIL - After mining operations are completed, the area should be shaped and graded with slopes not to exceed 3:1. Approximately 6 inches of topsoil should be app- lied and disced into the existing soil. 2. FERTILIZER - 40 pounds of nitrogen per acre and 40 pounds of phosphorous per acre should be applied just prior to seeding. The fertilizer should be thoroughly mixed into the soil. 3. SEEDING - Seeding should be done between October 15 and April 15. A grass drill with depth bands and press wheels should be used where possible. On slopes steeper than 4:1 broadcasting may be necessary. If so, seeding rates should be doubled. Hydro-seeding is not recommended unless the area can be irrigated until a stand is established. Seeding depth should be between 1 to 1 inch. The following seeding rate is recommended: ALTERNATIVE 0 1 % of MIX SEEDING RATE/Ac (Pure Live Seed) is Blackwell Switchgrass 50% 2.3 Pounds/Ac Barton Western Wheatgrass 30% 4.8 Pounds/Ac Sodar Streambank Wheatgrass 20%' 2.2 Pounds/Ac ALTERNATIVE # 2 % of MIX SEEDING RATE/Ac (Pure Live Seed) Jose Tall Wheatgrass 75% 16.5 Pounds/Ac Common Yellow Sweetclover 25% 1.8 Pounds/Ac 4. MULCHING - After seeding is completed, straw mulch should be applied. Approximately 3000 to 4000 pounds of air dry straw should be applied per acre. The mulch should be anchored either by asphalt or mechanical (straw crimper) methods. 5. WEED CONTROL - Weed control will be necessary to insure a successful seeding. Weeds can be controlled by spraying with herbicides or by mechanical mowing. If her- bicides are used do not spray until grass seedlings are in the fifth fZg leaf stage. 'cra6. GRAZING - If the seeded area is to be grazed by livestock, defer RRRAI.R$ for two full years after seeding. This will allow the stand to become established. 7. TREE PLANTING - Trees nay be planted to enhance the area. If so the following species are adapted to this area. E - 3 IOW WET AREAS WELL DRAINED AREAS Cottonwood * Honeylocust * Narrowleaf Cottonwood * Ponderosa Pine Russian Olive * Eastern Red Cedar * Golden Willow * Rocky Pbuntain Juniper * Colorado Spruce * Shrubs - Well Drained Area; Good for wildlife habitat and food Sumac * American Plum Honeysuckle * Lilac * * Indicates moderate tolerance to alkali E 4 0 f-. t- 0 U- cc w F- (-7 I- w EXHIBIT G - WATER INFORMATION Water Resources : According to the Water Court, Water Division I , State of Colorado records, Case W 5121, there are eleven water wells located on the subject property. The particulars on these wells follows and the location of these wells is shown on the Pre-Mining Plan. The previous property owner, Mr. Harold F. Baumgartner, has retained the ownership of these wells via a Quit Claim Deed filed April 28, 1980, in Book 902, Reception No. 1823521 , of the Weld County Records, Greeley, Colorado. Conclusion: There are no water rights owned by Denis B. Clanahan, Trustee of the Crabb Trust, on this property. The mining of the property will eliminate six water wells (at the filed locations) . Five wells located along the peri- meter of the mined site could be 'protected, included in the final site plan and used for irrigation of the landscaped areas. G - 1 O Meaptfa N- 1li2Zas21 Al: ‘,..2.)rat _�' Recorder. __- IF— sr:snit war I 1haD;!^, Natehs 1 Y dare( April ,u8O, I tstwa arts S. CLAMANAei, Trustee, o• eg%tsCt. , , aid casyw Denver r,u:Rate or • 0aaflaft:w r a pa.: cud BLOOM P. NADINARlyr shwe5•al.IM._s P. 0. Sox a • sightca. Colo* B0b01 • MIS C eaty of min. sad.tam of • aradasa4asowpat -R71ltl-4e.That the said part y ate first part.for and in consideration a the use( 90 St �y •�d elverminah aidara ion O at iosi ..7 Ethel Snit part h imam mud e(7 the resist of mean part,the al�t whereof G le 1. -,thread and acknowledged.hag remised,nbe..d,sad,sargad.red QUIT CLAMMED, sad by thew C, -elaaatedr_e a Ms.raMae.askeoneyaadQUIT•'LAMNmatethe-.felparty or thenaapart. his heirs. . se aad aayr,Arerer.all the ryft,title.iaberest claim and demand which the said party tithe fret part Rae salad to the MOewhg described hoer pared of land situate,lying and Slag in the -Ay 8 a Mold ad Nat. .:Delon&to wit: N II II All irrigation wells .....crioed in Lhe Decree recordr" in i' look 537, deception No. 1759193 of „.a Weld County ret...rds on July 5, 1978, a true copy of which is attached, together with all pulps and appurtenances attached thereto. i , 1l ii Ij Ii i 'I ii III aka ben as street and number TO NAVE AND TO SOLD the same,together with all and singular the appurtenance and privileges themnte Seas er is arwfa themes*appertalshg,as.0 the estate,right,title,Interest as da .whets-mail e(the i add party of the fleet part,tither in law or equity,to the only proper tam,benefit and behold of the said party of li Wssaad peet.his heire and amigos fenrer. .I IN wrllfay•aannOr,The said *Me M m party e( t part he rent*set his hand it ad meal the day sad year first.berm written. a iiad i SSh►W al/ad.Nslolsad Delivered lathe Presence of n — ISGLi ii II I 4AL1 E I. I: REAL) STATE 0100LOEADO, I }es. C. • cam,0 Ad... it. 4. , The Mngetaa in truant was acknowledged before me(his 21 Ch day of April .9 . ; NeO.br Denis D. Clanahan, Trustee. My etuslssba espree Jimmy 13 .1054.Witness my hand and official meal all'ow's>' __--_. 29.A1 - ..., 4.�J `.. 1st G - 2 J • • IN THE WATER COURT IN AND FOR WATER DIVISION ;, STATE OF COLORADO CASE NU. V- 5121 °' IN THE NATTER OF THE APPLICATION FOR MATER RIGHTS 0► 2:NATIONAL FOOD STORES, INC.- RANCH FINDINGS ►"" RULING KTNG NEAT PACKERS. INC. • OF THE REFEREE e•1 Zw weld Couet.y TNIS CLAIM. having been filed with the Mater Clerk. Water Divilion I. t `. en Jupt 21.1972. the Referee being .idly aivir-4 in the presis's. `a foes hereby find: All Notices required by law of t:.s filing of this application hero R been fulfilled. and the Referee has Jurisdiction of this application. DI Ne statemeat of opposition to said application has been filed. and the time for filing such statement has expired. • All matters contained to the application having been reviewed. and testimony having been taken where such testimony is necessary. and such corrections made as are indicated by the evidence presented herein. .IT IS HEREBY DECREED: 1 . The ■aa,aqd address of tho claimant: National Food Stores, Inc.-Ranch King Neat Packers, Inc. PO tom 16424 Delmer, CO 10216 • • 2. The sue of the structures to which a right is hereby Decreed: . Moll Ne. 1- 38779 Well Ne. 2- 18167 Well Mo. 3- Unregistered Well No. 4- Unregistered 11411 No. 6- 32216 Moil No. 6- Unregistered Well W. 7- 31022 Well No. 1- 39157 Moll No. .9- Unregistered W11 No. 10-Unregistered --t Mo11 No. 11-32214 —5'+ Wli No. 12-Unregistered W. 13-Unregistered No. 14-Unregistered N•. 15-Unregistered • • Weil No. 16-Unregistered Well No. 17-Unregistered Well No. 11-Unregistered ▪ Veil No. 19-Unregistered - M•il No. 20-Unregistered Veil No. 21-19173 . No. .22-Unregistered G - 3 volciiO2 1823521 O •® 5.3 175919383 • ' '7 Case No. w-5121 Page No. 2 3. 'Bee legal description of the structure: / well Me. 1- 38779 is located in the NE4 NE% of Section 31 , Township 1 North, "ange 66 rest of the 6th P.M. , Meld County, Colorado, at 0 point 1180 5 or N line and 1235 M of E line, said Section 31 . Well Ne. 2- 18167 is located in the SE% NEk of Section 31 , Township 1 North, Range 66 West of the 6th P.M. , Meld C-Doty, Colorado, at a point 1680 S of N lino ani 1283' M of t line, said Section 31 . Well No. 3 is located in the NWk NE% or Section 31, ' . nship 1 North Range 66 Vest of the 6th P.M., Weld County, Colorado, at a point 770 S of N line and 1550' W of E line, said Section 31. Nell No. 4 is located in the NWti NE% of Section 31 , Township 1 North sango 66 Vest of the 6th P.N. . Mold County. Colorado, at a point 880 S S. N line and 1530' W of h line, said Section 31. Well No. 5 32211 is located in she SWi NEC- of Section 31, Township } 3orth, Lave oh lest .f the oth P.M. . "071 County, Colorado, at a point 1600' S of N line and 2060' V of E line, said Section 31 . Moll No. 6 is located in the NC. NEk of Section lownship 1 North Range 66 West of the 6th P.M., Weld County, Colorado, at a point 1280' S of N line and 1930' W of E line, said Section 31 . Ve11 No. 7- 31022 is located in the NW% NE% of Section 31 , Township 1 North, Range 66 Vest of the 6th P.M. ,_Veld County; Colorado, at a point 740' S of N line and 2095' W of E line, said Section 31 . Well No. 8- 39157 is' located in the NWk NEk of Section 31 , Township 1 North, Range 66 West of the 6th P.M. , Weld County. Colorado, at a point 1080' S of N line and 2000' V of E line, said Section 31 . Well No. 9 is located in the NWk NEk of Section 31 , Township 1 North Range 66 Vest of the 6th P.M. , Weld County, Colorado, at a point 1300' S of N line and 2020' WV E line. said Section 31 . Well No. 10 is located in the NW% NEk of Section 31 , Township 1 Mort Range 66 West of the 6th P.M. , Weld County, Colorado, at a point 1160' S of N line and 2450' W of E line, said Section 31 . Well No. 11- 32214 is located in the SW% NE4 of Section 31 . Township 1 North, Range 66 Mestar the 6th P.M. , Weld County, Colorado, at a point 1630' S of N line and 2620' V of E line, said Section 31 . Well No. 12 is located in the SEh NWy of Section 31 , Township 1 North. Range 66 West of the 6th P.M. , Weld County, Colorado, at a point 1850 S of N line and 2510' E of W line, said Section 31 . — Moll No. 13 is located in the SEy NW4 of Section 31 , Township 1 North, Range 66 West of the 6th P.N. , Weld County, Colorado. at a point 1730 S of N line and 2520' E of M line, said Section 31 . Yeli No. 14 is located in the NEk NW% of Section 31 . Township 1 North Range 66 West of the 6th P.M. , Weld County, Colorado, at a point 1100' S of N line and 2570' E of W line, said Section 31 . W11 No. 16 is located in the NE4 NW% of Section 31 , Township 1 Nort Range 66 Vest of the 6th P.M. , Weld County, Colorado, at a point 1060' S of N line and 2600' E of W line, said Section 31 . Well No. l6 is located to the NW%,NE% of Section 31 , Township 1 Nort Range 66 West of the 6th P.M. , Weld County, Colorado, at a point 640' E of N line and 2630' M of E line, said Sectional . Well No. 17 is located in the NEk NWk of Sectiona1 , Township 1 North Range 66West of the 6th P.M. , Weld County, Colorado, at a point 1100' S of N line and 2360' E of V line, said Section 31 . G - 4 ./, Y Case No, W-5121 4 3 % / Page No. 3 — Nell No. 18 is located in the SE% NWy of Section 31 , Township 1 North, Range 66 West of the 6th P.M. , Meld County, Colorado, at a / point 1550 S c' N line and 2090' E of M line, said Section 31 . . Well No• 19 Is located 1n the NE4 NM% of Section 31 , Township 1 North, Range 66Mast of the bth P.M. , Meld County, Colorado, at a plat 1230 S of N line and 2010' E of M lire, said Section 31 . W11 No. 20 is loc-...d in the NE4 NWy of Section 31 , Township 1 North, Range6S Most of the 6th P.,,. , Weld County. tnlorado, at . point 980' S of N line and 2010' E of M line, said Section 31 . 'Jolt No. 21- 19173 is located in the NV% 9E% of Section 31 . Township 1 North Range 66 Most of the 6th P.M., Meld County, Colorado, at a point 1140' S cf N line and 1450' V of E line, said Section 31. W11' No. 22 is located in the NM4 NE% of Section 31 . Township 1 ' North, flange 66 Vest of the ft!: P.C. . Meld County, ,.olorado, at a point :,20 S o; N i`.ne an' 2440' M of f line, said Section 31. 4. The source of :.-!e, is: 8rrundwater 6. The date of appropriation: Well No. 1- 38779: August 26, 1969 Well No. 2- 18157: November 8, 1963 Well No. 3: December 31 , 1956 Well No. 4: December 31 , 1956 Well No. 5- 32215: September 30, 1967 Well No. 6: December 31 , 1956 • Well No. 7- 31022: May 17, 1967 Well No. 8- 39157: August 27, 1969 Well No. 9: December 31 , 1956 Well No. 10: December 31 , 1956 Veil No. 11- 32214: October 1 , 1967 Well No. 12: December 31 , 1956 • Well No. 13: December 31 , 1956 Well No. 14: December 31 , 1956 Well No. 15: December 31 , 1956 Well No. 16: December 31 , 1956 Well No. 17: December 31 , 1956 Moll No. 18: December 31 , 1956 Well No. 19: December 31 , 1956 Moll No. 20: December 31 , 1956 Well No. 21- 19173: April 1 , 1964 Well No. 22: December 31 , 1956 6. The amount of water: Nell No. 1- 38779: 0.0889 cubic feet per second Well No. 2- 18157: 0.0445 cubic feet per second Well No. 3: 20 gallons per minute Well No. 4: 20 gallons per minute Well No. 5- 32215: 20 gallons per minute. Well No. 6: 20 gallons per minute Well No. 7- 31022: 20 gallons per minute Well No. 8- 39157: 20 gallons per minute Mell No. 9: 20 gallons per minute Meli No. 10: 20 gallons per minute --0--W11 No. 11- 32214: 20 gallons per minute Wll No. 12: 20 gallons per minute No. 13: 20 gallons per minute Wll No. 14: 20 gallons per minute Well No. 15: 20 gallons per minute Well No. 16: 20 gallons per minute —�-Me11 No. 17: 20 gallons per minute Wll No. 18: 20 gallons per minute — Nell No. 19: 20 gallons per minute No. 20: 20 gallons per minute Well No. 21- 19173: 20 gallons per minute - W11 No. 22: 20 gallons per minute G - 5 • Seoo* 0!' ra All 0 1 93 z1 175s:93 Cast No. W-5121 ,4 i ,' Page No. -4 +. The use of the water: J All wells used for 4oaestic and livestock purposes . I.• DATED this _Ltd. day of u4.1 . .-. 1973. n *L arm o r en o a or eree We er Division 1. State of Colorado No protest was flied in :hir matter. The foregoing tu'1,p is confirmed lied approved, and is made the al t and Decree of this Court. lH a or u go temonn" fun nue mut correct earecJr .•44. . yam / ♦ 2 • w ay.• • G - 6 LJ LJ N u L_ J J F-- W LJ EXHIBIT H - WILDLIFE INFORMATION Prepared by: Roman V. Bockus Existing Wildlife The applicant 's mining and reclamation area has very little existing natural cover for wildlife habitats . Of the mammalian species , mice and rats seem -to be abundant, mainly due to feedlot operations (active and discontinued) in our area. Some observations of skunks have also been made on our subject property. All of the above mammal species are quite common in Colorado, with two of them considered severe pest species (mice and Norway or Brown rat) . No endangered mammalian species such as the black-footed ferret have ever been observed on our subject property. The same holds true for a red-spotted bat. Of the Avian species , the most predominant appear to be some unidentified sparrow forms that frequent the area , although none of them appear to be nesting on our subject property , again mainly due to the lack of natural habitats . Some magpies also frequent the area. During fall migration there are considerable fly by's by waterfowl , mainly ducks that follow the South Platte River channel . No endangered Avian species such as Peregrine Falcon have ever been observed on or near our property. Impact and Reclamation Although the land area will be diminished for some before mentioned mammals (mainly pests) , the overall effect will be positive through creation of new water areas and habitats which are presently non-existent. Water areas - lakes , besides providing new habitat for water fowl , will also introduce new forms of wildlife, namely fish , for the future enjoyment and recreation use of the area. It is hoped that the lakes will provide year round habitats for the water- fowl , enticing them to nest and remain in our reclaimed area. The wildlife . management in our reclaimed areas will follow the recommendations of the State Game and Fish experts. Conclusion Some minor disturbances for some species will be created during the mining and reclamation process . Overall , the proposed reclamation plan will not have any serious or significant impact on Colorado wildlife. On the contrary, through our proposed reclamation - revegetation - planting program, it is felt that the overall quality of new habitats for wildlife will be enhanced and new fisheries resource will be created for the enjoy- ment of many. H - 1 O I z CC • F- O �-C CC u- O 6t LL O r- H� O1 I- -JCD W O W N iI H -F- 4-y FMH w S = x x EXHIBIT I - SOILS INFORMATION Two predominant soil series , as mapped and surveyed by the U. S. Department of Agriculture, Soil Conservation Service , Brighton Office , appear on our subject property. -They are : Bankard sandy loam and Aquolls and Aquents _gravelly substratium. All of the above soils are typically found in flood plain areas , are poorly drained and are underlain by sand or sand and gravel within 48 inches. for more detailed information and interpretation of the above soils , please refer to the sheets following as prepared by the Soil Conservation Service , Brighton Office. • I - I soil survey of Weld County, Colorado Southern Part • United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station I - 2 r )-r--/ 39 '. 77i, r" (� I(t1t* .. E.l �)3 . +a 48 err, T „ 10 � / 1 ;j / .: H 4 y r f�: Powan 1o) 7 1 ,� 40 . s+4 • } 3 lb 4,,,t, 7:3;', i y 24 m it 20 ,r�' 1 ry 4t r 42 68 'gip+M1 �� vl • � 41 ' II 76 21 pp� .} 4 •' ^'�3 �� 21 ç21 8 � Y7i ,s7,37ti°S 4}1, C�Y7�7�'i r„ 4 77 3 ♦Y " <x ' h ,t p aMbnbarp c . u ;P I 3'' art • - • 37 :�•'� .falleiro7 dry" 1 rr i � 47 '� 35 � . 10 11... 'r 25 r,, oV9 ;Y ' rFr'., tt rax `�� •• 2 atl 1c 7,•1 ,. ' i, 74,7I.'. i 21 .I 21 w. '.�T a .h:" �: 2j 7 • 4 A. 21)" ,ir n 21 s t L•ti• _ • • .y�b 71 Y .. FI '. l .r 41' r •'.;�- y ..fig • • �.,"r 47 �1`... .,` DON KERN , z1 e � x j CONSTRUCTION ,,. ? i L. . GRAVEL PIT • - se �sl 47 a {{ \T F • 21 Of 0 2z l.C 2 � ' Ip} L '�, MA 1 ' �� Sri 47 �a t p 2 0 ✓ry ,.x� �� r ti` Ir s, . ' �,. ft fy 'I t "Y8i rl 1 , yyit 4 i .. .i r, P' S 77 r8-53 e : Y'� `I •i�I r ��. ". � 3X:R'7i £ '.' 0.Y•'K: '5� ,r R. 67 W. p R. 66 W. 0 i 5 C00 4CC0 3000 ^000 1000 o Scale If24000 60JC1"el I - 3 3—Aquolls and Aquents, gravelly substratum. This 10—Bankard sandy loam, 0 to 3 percent slopes. This nearly level map unit is on bottom lands and flood plains is a deep, somewhat excessively drained soil on flood of all the major streams in the survey area. Aquolls, plains at elevations of 4,450 to 5,000 feet. It formed in which have a dark colored surface layer, make up about_ stratified recent alluvium along streams and rivers. In- 60 percent of the unit. Aquents, which have a lighter eluded in mapping are numerous sand and ravel bars colored surface layer, make up about 35 percent. About 5 and small areas of noncalcareous soils. percent is Aquepts and Bankard sandy loam. Typically the surface layer of this Bankard soil is These are deep, poorly drained soils that formed in brown sandy loam about 4 inches thick. The underlying recent alluvium. No one pedon is typical. Commonly the material to a depth of 60 inches is pale brown calcareous soils have a mottled, mildly alkaline to moderately al- sand stratified with thin lenses of sandy loam, loam, and kaline loamy or clayey surface layer and underlying ' fine gravel. material and are underlain by sand or sand and gravel Permeability is moderately rapid. Available water within 48 inches. In places they have a gleyed layer in the capacity is low. The effective rooting depth is 60 inches or underlying material. more. Surface runoff is slow, and the erosion hazard is Most of the acreage is subject to flooding. The water low. table is at or near the surface early in spring and recedes This soil is suited to limited cropping. It is sandy and to as deep as 48 inches late in fall in some years. subject to flooding. Pasture is the best use. Tall wheat- These soils are used for rangeland and wildlife habitat. grass, tall fescue, and annual sweetclover are some of the Some small areas have been reclaimed by major drainage most suitable crops. Light, frequent irrigation by furrows and leveling and are used for irrigated crops. and flooding is best. Commercial fertilizer improves the The potential native vegetation is dominated by alkali amount and value of forage produced. sacaton, switchgrass, and western wheatgrass. Saltgrass, The potential native vegetation is dominated by sedge, rush, and alkali bluegrass are also prominent. switchgrass, indiangrass, sand bluestem, sand reedgrass, Potential production ranges from 3,000 pounds per acre in sideoats grama, needleandthread, and blue grama. Much of this range site includes other soils and vegetation in favorable years to 2,000 pounds in unfavorable years. As such a complex pattern ,that it is difficult to map them range condition deteriorates, the switchgrass,eand alkali separately. Potential production ranges from 2,500 pounds sacaton, and western wheatgrass decrease and saltgrass, per acre in favorable years to 1,500 pounds in unfavorable sedge, and rush increase. years. As range condition deteriorates, the tall and mid Management of vegetation should be based on taking grasses decrease; blue grama, sand dropseed, and forbs half and leaving half of the total annual production. Seed- jncrease; and forage production drops. Undesirable weeds ing is difficult and costly because numerous tillage prac- and annuals invade the site as range condition becomes tices are required to eliminate the saltgrass sod. poorer. Switchgrass, western wheatgrass, alkali sacaton, tall Management of vegetation should be based on taking wheatgrass, and tall fescue are suitable for seeding. They half and leaving half of the total annual production. Seed- can be seeded into a clean, firm seedbed. Seedbed ing is desirable only in areas large enough to interseed or preparation usually requires more than 1 year to to prepare a seedbed. Switchgrass, sand bluestem, sand eliminate the saltgrass sod. A grass drill should be used. reedgrass, sideoats grama, little bluestem, blue grama, pu- Seeding early in spring has proven most successful. bescent wheatgrass, and intermediate wheatgrass are Wetland wildlife, especially waterfowl, utilize this unit. suitable for seeding. This soil can be seeded by using an The wetland plants provide nesting and protective cover, interseeder or a firm, clean sorghum stubble. A grass drill as well as some food. The nearby irrigated cropland, is required. Seeding early in spring has proven most suc- where wildlife obtain much of their food and find protec- cessful. tive cover, makes this unit valuable to both wetland and This soil is generally not suited to the establishment openland wildlife. and growth of trees and shrubs. Onsite investigation is Openland wildlife, especially pheasant, use this unit for needed to determine feasibility and possible tree and cover and nesting. Deer find excellent cover in some shrub species. Wildlife is an important secondary use of this soil. The areas. cropland areas provide favorable habitat for ring-necked These valuable wildlife areas should be protected from pheasant and mourning dove. Many nongame species can fire and fenced to prevent encroachment and overuse by be attracted by establishing areas for nesting and escape livestock. They should not be drained. These soils have good potential as a source of sand and cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- gravel. Capability subclass Vlw; Salt Meadow range site. ment, especially in areas of intensive agriculture. Range- land wildlife, for example, deer and antelope, can be at- tracted by managing livestock grazing and reseeding where needed. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, Vlw nonirrigated; Sandy Bottom land range site. I - 4 TABLE 6.--BUILDING SITE DEVELOPMENT (Some of the terms _used in this table to describe restrictive soil features are defined in the Glossary. text for definitions of "slight," "moderate," and "severe." Absence of an entry means soil was not rated] T —T .. Soil name and Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial and streets basements basements I buildings 3*. Aquolls ;Severe: Severe: ;Severe: :Severe: :Severe: : floods, floods, : floods, , floods , , floods, wetness, wetness. wetness. wetness. 1 _wetness, , frost action. Aquents :Severe: Severe: :Severe: ;Severe: Severe: : floods, floods, ; floods, : floods, floods, _wetness. wetness. I wetness. wetness. wetness, frost action. 10 :Severe: Severe: :Severe: Severe: Severe: Bankard I cutbanks cave, floods. ; floods. floods. 1 floods. floods. TABLE 7.--SANITARY FACILITIES [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. nee text for definitions of "slight," "moderate," "good," "fair," and other terms used to rate soils. Absence of an entry means soil was not rated] r- _r T-- Soil name and Septic tank Sewage lagoon Trench Area Daily cover map symbol absorption ar-eas sanitary sanitary for landfill fields , landfill landfill 31: Aquolls Severe: :Severe: :Severe: Severe: Poor: floods, ; floods, I floods, wetness. -wetness . wetness. I wetness. I wetness. Aquents Severe: :Severe: :Severe: Severe: '(Poor: floods, : floods, floods, wetness. _wetness . wetness. I wetness. I wetness. 10 Severe: ;Severe: :Severe: Severe: Fair: Bankard floods. ; floods , I floods , floods. too sandy. seepage. ; seepage. TABLE 8.--CONSTRUCTION MATERIALS [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "good," "fair ," "poor," and "unsuited." Absence of an entry means soil was not rated] Soil name and Roadfill Sand Gravel -Topsoil map symbol 3*: Aquolls ;Poor: Good Fair: Poor: wetness, excess fines, wetness. I frost action. Aquents ;Poor: Good -Fair: Poor: I wetness, excess fines. wetness. frost action. • 10 ;Fair: Fair: Unsuited Poor: Rankard I low strength. excess fines. too sandy. Z - 5 TABLE 9.--WATER MANAGEMENT (Some of the terms used in this tabl-e to describe restrictive soil features are defined in the Glossary. Absence of an entry means soil was not -evaluated) • �- ___ Soil name and 1 Pond 1 Embankments, I Drainage Irrigation Terraces Grassed map symbol 1 r-eservoir 1 dikes, and and 1 waterways areas levees : I diversions 1 : : i 3•: Aquolls I :Floods, ;Floods, :Wetness :Wetness. poor outlets. wetness. Aquents :Floods, Floods, Wetness Wetness. poor outlets. wetness. 10 :Seepage :Piping, ,'Cutbanks cave, :Droughty, :Erodes easily, :Droughty, Bankard i seepage, 1 floods, 1 floods, I piping. I erodes easily. erodes easily. : poor outlets. : seepage. TABLE 10.--RECREATIONAL DEVELOPMENT [Some of the terms used in this table to describe restrictive soil features ar-e defined in the Glossary. fee text for definitions of "slight," "moderate," and "severe." Absence of an entry means soil was not rated) • Soil name and Camp areas Picnic areas Playgrounds 1 Paths and trails map symbol 3•: Aquolls Severe: Severe: ;Severe: Severe: wetness, wetness, : wetness, wetness, floods. floods. : floods. floods. Aquents Severe: Severe: :Severe: Severe: wetness, wetness, 1 wetness, wetness, floods. floods. 1 floods. : floods. 10 :Severe: Moderate: :Severe: :slight. Bankard : ,floods. floods, : floods. too sandy. TABLE 11.--WILDLIFE HABITAT POTENTIALS [See text for definitions of "good," "fair," "poor," and "very poor." Absence of an entry indicates the sol '. was not rated] Potential for habitat elements_ _ r Potential _as habitat for-- Soil name and I y ild : — —� map symbol I Grain Grasses herba- : Shrubs : Wetland Shallow {Openland Wetland IRangelan- and seed and ceous plants I water (wildlife wildlife ;wildlife crops** legumes plants I : areas 32: , Aquolls Toor :Poor Good (Fair :Good :Good :Fair :Good IEnir . Aquents Poor IToor Good ;Fair :Good :Good :Fair ',Good : Fair . 10 Poor :Fair Fair :Fair IPoor ',Very poor:Fair IVery poor:Fair . Bankard I - 6 -TABLE 12.---ENGINEERING PROPERTIES AND CLASSIFICATIONS (The symbol < means less than; > means greater than. Absence of an entry means data were not estimated] —T—T- ; Classification "--- --- I:Frail- ; Percentage passing , Soil name and Depth: USDA texture ; : :ments 1 sieve number-- ;Liquid ; Plan- map symbol : ; Unified I AASHTO ; > 3 : i F i ; limit ticity —______ , I inches; 4 ; 10 ; 40 : 200 ; : index In ] : I ; Pct 1 r I :i : -Pct I • i i 1, I 3': i i ' I I I I r 1 I 1 I I I Aquolls 0-48:Variable I --- _-_ 48-60:Sand, gravelly :SP, SP-SM;A-1 ; 0-10 :60-90 :50-70 :30-50 1 0-10 , --- ; NP : sand. ; 1 1 I I I I I I I I I I I I II I '1 1 1 I I I Aquents : 0-l8IVariable X48-60:Sand and gravel :SP, SP-SM;A-1 0-10 :60-90 ;50-70 ;30-50 ; 0-10 ; --- ; NP I I I I I I I I ; ' I 1 t I ; 1 I 10 I 0-4 :Sandy loam ISM ;A-2, A-4 ; 0 195-100:90-100;60-70 :30-40 : --- ; NP Bankard ; 4-60:Fine sand, sand, :SP-SM, SM;A-2, ; 0-5 :70-100;60-100;40-70 1 5-25 1 --- ; NP gravelly sand. ; ; A-3 I 1 r I , I 1 I 1 I I A_1 I 1I I II I I I TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS (The symbol < means less than; > means greater then. The erosion tolerance factor (T) is for the entire profile. Absence of an entry means data were not available or were not estimated) : 1. I --1---- : Risk oTrroiion—Erosion—rind Soil name and ;Depth: Permea- ;Available Soil ;Salinity; Shrink- : I I fact_o_r_s_;erodi- map symbol ; bility ; water reaction : I swell ;Uncoated ;Concrete 1 ;bility ; ;capacity : otential : steel ; ; ; ro i In ; In/hr ; In/in , 2 :Mmhos/cm, [ - r------ T-K._....,.T. .. R_.-u P.. I — 1 I ! 1 I I 1 I I I i 1 I I : 1 3' ; I I I Aquolls ; 0-48; --- : ,-- ,-- --- I 1 I I 1 --- :48-60; >20 :0.04-0.06: 7.4-8.4 1 2-16 ;Low ;High ;Moderate --- : : I ; __- ; ; Aquents ; 0-48; --- ; : --- ; --- 1 I I 1 I 1 - --- --- :48-60: >20 ;0.04-0.06; 7.4-8.4 ; 2-16 ;Low :High ,Moderate :--- ; I I I 1 I ; ; i i 1 ; 10 ; 0-4 ; 2.0-6.0 :0.09-0.12: 7.4-8.4 ; (2 :Low ,Moderate ;Low :0. 19: 5 3 Bankard ; 4-60; 6.0-20 ;0.05-0.08: 7.11-8.4 : <2 :Low ;Moderate :Low ;0. 10; I 1 I I 1 I -CABLE 14.--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as "rare," "brief," and "perched." The symbol < means less than; > means greater than] Flooding I HiBh water table I Bedrock : r ---`-r T- ' Potential Soil name and ;Hydro-: --r T : ; I I I I : map symbol I logic; Frequency ; Duration ;Months : Depth I Kind ;Months :Depth:Hard- ; frost -;group ; : : : : ; : ness : action ---------- r aILE4 I - -T I FL ; �� I In : —4-- I I 1 1 1 i i i i i , i Aquolls ; D :Frequent----;Brief Apr-Jun:0.5-1.D:Apparent:Apr-Jun; >60 : --- :High. I I Aquents D Frequent----:Brief :Apr-Jun;0.5-1.O;Apparent:Apr-Jun: >60 ; --- ;High. ' I t I I i i I 10 : A Frequent---- ;brief ;Mar-Jun; >6.0 : ---• --- ; >60 1 --- ;Low. Bankard ; ' EXHIBIT J - VEGETATION INFORMATION Considering the fact that our subject property is an abandoned, former feedlot operation the vegetation cover is rather nonexistant or minimal at best. There is no sign of any native vegetation. Kochia appears to be the dominant species that accounts for at least 95% of the vegetative composition. No protected or endangered plant species have been found on our subject area. A short vegetative survey as prepared by the Soil Conservation Service , Brighton Office , follows. J - 1 _United States Soil ) Department of Conservation P.O. -Box 487 - Brighton, -CO 80601 Agriculture Servic-e March 28, 1480 Roman V. -Bockus P.O. Box 243 Eastlake, CO 80614 -Enclosed please find a vegetative survey and reclamation plan for Baja Ranch, Platte Valley Gravel Corporation and C & M Sand Co. Because of the time of the year, it is impossible to identify all species found on this property. Many annual species are blown away from the area during high windy periods. Some annuals are just starting to germinate and cannot be easily identified. However, the enclosed list includes the majority of the plants found on this property. If I can be of any further assistance feel free to call. Sincerely, Jeff -Burwell, District -Conservationist Soil Conservation Service Brighton, CO 80601 enclosure: • • 4 J - 2 VEGETATIVE SURVEY MAIZE VALLEY GORP. This area consists of an old feedlot and waste areas. There is no sign of any native vegetation. K chia is the dominant spa-cies and accounts for at least 957, of the vegetative composition. J - 3 0) (7) I-- 0 U O Q -J U W -J PZ1 Z Y LJ EXHIBIT I. - RECLAMATION COSTS Upon project completion, approximately 6.0± Acres will be in land, and 18.01' Acres in lake surface. The total actual cost of the reclamation is difficult to determine as the movement of topsoil and overburden is an integral part of the mining operation. It is antidipated that "wind break" trees and other seedlings will be obtained from the Soil Conser- vation Service to assist in the _proposed plantings. In evaluating the amount of a reasonable reclamation bond, we have made the following breakdown of anticipated acreages and costs . In each Phase of 8.01' Acres, the areas of disturbance would remain about the same as the mining moves Northerly across the mineable site. MINOR DISTURBANC-E = 5.0 Acres Area in existing condition (pre-mined area) or in pond and embank- ment (post-mined) . MODERATE DISTURBANCE = 2.62Acres Area in Haul Roads and Plant Site. MAJOR DISTURBANC-E = 3.0 Acres Area under actual mining and 'being used for stockpiles, loading access and hauling. DEGREE DF DISTURBANCE PHASE NUMBER MINOR MODERATE MAJOR 1 , 2, or 3 5.0 Acre 2.6 Acre 3.0 Acre Reclamation (cost/Acre) $250.00 $500.00 $120D.00 Disturbance Cost $1250.00 $1300.00 $36010.00 TOTAL COST (at any time) = $-6150.00 L - 1 w U LL cc Cn cn od W U Q LL Cr Cc) CC Ga O U W C LJ_ O cc L!J O d Ca UJ AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. SLbj-ect Property Pt Section 31, Township 1 North, Range 66 West STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowlettge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identifitatibn Number assigned by the Weld County -Assessor of the owners of property (the surface estate) withi-n • five hunidre-d (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from >3 title or abstract company or attorney, derived from such records , or from the records of the Weld -County Clerk -aod Recorder. The list compiled from the r-ecords of the Weld County Assessor Shall have been assemble-d within thirty (g0) days of the application submission date. - 'AY I ///) / / T e foregoing instrument was subscribed and sworn to before me this i6thitday, of .April , 19 82 by Kathryn A. Wolking WITNESS -my hand and ofificial seal . My Commission -expires : C ,.-4.i ao /9/s �z1 �ti �✓ - No/tary Public P - 1 I AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject -Priperty NEti, SIINEIT,NWZ, and SEZNW% Section 31, -Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. STATE OF COLORADO ss . COUNTY OF WELD ) THE UNDERSIGNED, being first 'duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or ender the parcel of land which is the subject of the applicationas their names appear upon the records in the Weld County Clark and Recorder' s Office, or from an ownership update from a title or abstract company -or an attorney. . (f7/! 2ch C f i ///>(' )c ,L O111OOOJ, ;The fahagoing instrument was subscribed -and sworn to tefore me phis -6r/l) ` day of April , 1982 By Kathryn A. Wolking J.ir , WITNESS my hand and official seal . . My Conmisston expires : , OCJe-4✓ c.2o, /975 7 .7L2 , J7Z�.'c-✓----- rgi Notary Public P - 2 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION Nystrom, David B & St ainroiti,,naidd 14 P i]_ Pnx "11 5, Rnllj r� cm A(1�(l6 F,21471 300�0�( 84 _ Cowan Concrete Products Inc . 625 3rd StL Greeley, CO 80631 62147130000085 Elms, Jeffrey A Rt 1 Box 151A, Brighton, CO 80601 6214713]000035 Lassiter, Jackie L/.Phyllis N RFD North Brighton 62147131000036 Chambers, Jack/Hazel 12687 Rd 21, Brighton, CO 80601 62147131000037 Fields Engineering & • Fabricating Co Inc. _.__ X21 Weld Co Rd 27. Brjghton� C:O 80601 62147131000041 c/o Ringsby Truck Lines Brighton Industrial Yk Py 0. Box 7240, Denver, CO 80207 62147131040043 Same dame 6214713]000044 Nystrom, David B & Stainton, David H P. 0. Box 315, Boul� r. CO 80306 62.1471.31000045 Norden & Son Contractors. 1nc_;_ P. O. Box 310, FL Lupton, CO .B.a621 62].47131000046 --.._-... Jim' s Water Service of Colorado, Inc . P. O. Box - liri2hL_Qji_. C4 80601 62147131000059 Norden & Son Contractors, Inc. P . O. Box 310, Ft Lupton, CO 80621 6214713]00007?. c/o Out, lnc. Oil Well Perforators, Inc. P . O. Box 24047, Denver, CO 80224 621.4713]000067 ___ _ _. Clanahan, Denis B, Trustee 718 17th St ., Denver, CO 80202 62147131000073___ MTNFPAi c ANnJrp Cu3�upT'AcR Union Pacific Land Resources Corporation P. O. Box 2500 Broomfield, CO 80020 CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 710 SEVENTEENTH STREET•10TH FLOOR BARKLEV I.CLANAHAN DENVER,COLORADO 80202 TELEPHONE 303.823.3939 IRA C.TANNER,JR. RICHARD DOWNING,JR. DAVID C.KNOWLTON THOMAS C.MCKEE DENIS B.CLANAHAN July 29 , 1981 LESLIE A.PtZZI KAREN J.MCCLURO MICHAEL J.WOZNIAK Mr. Douglas R. Crabb W. Ray Crabb, Inc. 471 Kalamath Street P.O. Box 4536 Denver, Colorado 80204 Re: The Crabb Trust Dear Doug: I previously informed you that the Trustee does not own the minerals in the southeast corner of the property on the west side of the river. I was uncertain as to whether or not sand and gravel is treated as a mineral for purposes of the mineral reservation by Union Pacific Railroad Company. Generally, a reservation of "all oil , coal and other minerals" is sufficient to reserve absolutely everything , and if not , then there must be qualifying language indicating that the parties in- tended something less. However, Colorado appears not to follow this general rule where the surface estate is made up of sand and gravel. In 1954 , the Colorado Supreme Court ruled in Farrell v. Sayre, 129 Colo. 368 , 270 P. 2d 190, that "minerals" do not mean the ordinary soil of the district , which if reserved would prac- tically swallow up the whole estate. The Court went on to say that the true test of what the word "minerals" means depends on how it is used in "the vernacular of the mining world, the commercial world, and landowners at the time of the grant, and whether the particular substance was so regarded as a mineral . " Therefore , the Colorado Courts would probably rule that Union Pacific Rail- road Company did not reserve sand and gravel in the referenced deed. While the intention of the parties is always important, and we have no way of knowing what that intention was , I think the Trustee would be safe to sell the sand and gravel and not worry about the interest of the Union Pacific. Sincerely, 2, 0 191 + ✓ ' Denis B. Clanahan DBC/mat P4 In' P - 4 CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 718 SEVENTEENTH STREET. 19TH FLOOR BARKLEY L.CLANAHAN DENVER,COLORADO 80202 IRA E.TANNER,JR. TELEPHONE 303'823.3737 RICHARD DOWNING,JR, DAVID C. KNOWLTON THOMAS C. MC KEE DENIS B.CLANAHAN June 25, 1981 LESLIE A.PIZZI KAREN J.McCLURG MICHAEL J.WOZNIAK Mr. Douglas R. Crabb W. Ray Crabb, Inc. 471 Kalamath Street P.O. Box 4536 Denver, Colorado 80204 Re: The Crabb Trust - mineral interest Dear Doug: You asked about the ownership of minerals on the land presently owned by The Crabb Trust. The information upon which I have made this determination is the title policy. However, in order to make an accurate determination of the mineral interest, we would need to see the deeds in which the reservations were made. In any event, the title policy indicates that the trust owns the minerals west of the north and south center line of Section 31 . In other words, if you started at the northwest corner of the property and went 850 feet directly east, you would come to the north and south center line. All of this is owned by the trust. East of that center line, your property extends approx- imately another 335 feet to the west line of U.S. Highway 85. The trust probably owns the oil , gas and gold in the north 660 feet of that 335 feet, but coal has been reserved by the Union Pacific Railway Company. The trustee probably does not own any of the minerals in the southeast corner of the property on land which is east of the north and south center line and south of the point which is 660 feet south of the northern boundary of your property. In 1910, the Union Pacific Railroad Company reserved all oil , coal and other minerals in that portion of your land. This reservation would probably include gas, but again, we would would have to see the deed. P - 5 11 1 I Mr. Douglas R. Crabb June 25, 1981 Page Two For your information, I have drawn this out on one of the maps you gave me when this property was being purchased. It would probably be very helpful if we could obtain the original of that map. The trust owns all of the minerals except coal in the area with the blue crisscrosses, and none of the minerals in the area with the red lines, and probably owns all of the minerals in the balance of the property. Sinc r ly, Denis B. Clanahan DBC/mat Enclosure P - 6 >: q C- a. Q 0 H- .-I 1 X W MINING LEASE THIS LEASE is made this 1st day of October , 1981 , between DENIS B. CLANAHAN, Trustee of The Crabb Trust, of 718 - 17th Street, Suite 1950, Denver, Colorado 80202 (hereinafter referred to as "Lessor" ) and DON KEHN CONSTRUCTION, INC . , 6322 South College Avenue, Fort Collins, Colorado 80525 (hereinafter re- ferred to as "Lessee" ) . Lessor, in consideration of the agreement set forth herein to be kept and performed by the Lessee, and of the payment of royalties by Lessee as provided herein, and subject to the terms, conditions and provisions contained herein, leases to the Lessee that, certain tract of land situate in Weld County, Colorado which is more fully described in Exhibit A attached hereto and made a part hereof for the purpose of quarring, mining, removing, and marketing therefrom all sand, gravel , rock, clay, and other like materials, all of which are hereinafter referred to as materials. 1 . Term of lease. This lease shall be in effect for a period of six ( 6 ) years from October 1 , 1981 to September 30, 1987. 2. Royalties. Lessee shall pay to the Lessor, as royalty, cents ( fi) for each ton of 2, 000 pounds of materials removed from the leased premises. The amount of materials re- moved from the premises shall be determined by weighing each • truck entering and exiting from the premises. Lessee shall forward to the Lessor monthly all weigh bills for trucks entering -and leaving the premises reflecting the dates and weights and Q - 1 • materials in said trucks. Such weigh bills shall be forwarded to the Lessor by the tenth day of the month following any month in which materials are removed. It is understood that during certain months of the year it may be impracticable to remove materials because of weather conditions, and no report need be made for any month during which no materials have been removed . Payment shall be made to the Lessor within twenty ( 20 ) days following the submission of all weigh bills, i. e. , by the end of the month following any month in which materials are removed from the leased premises. Lessee shall keep a strict and accurate record of all ma- terials removed from the leased premises, all sales thereof, and Lessor shall have the privilege at reasonable times of examining the mining procedures and checking the books and records of the Lessee for the purpose of verifying the amount of royalties payable. 3. Price adjustment. The price of the royalty reserved hereunder shall be adjusted on a quarterly basis . The adjustment shall be the percentage increase or decrease of sand and gravel in the Denver metropolitan area over the previous three ( 3) months. The average percentage increase shall be determined by the price paid by wholesale buyers for sand and gravel for the previous three ( 3 ) months, and then averaging that percentage increase or decrease. It is anticipated that one or more con- crete companies or ready mix companies selling in the Denver area will be contacted to determine the average price they paid, on a wholesale basis, for sand and gravel during each of the months in Q - 2 the preceding quarter. That percentage increase will then be multiplied by the starting royalty of cents ( G ) for each ton of 2, 000 pounds of materials . 4 . Surface rights of Lessee . The Lessee may clear the brush, trees and undergrowth from such portions of the leased premises as may be reasonably necessary to explore for materials, or to locate pits, quarries or stockpile areas. In order to obtain access to the leased premises , and to carry on its opera- " tion hereunder, Lessee shall have the right to make use of all roadways presently existing on the leased premises and shall have the further right to build such additional roads that may be necessary for the production and removal of materials hereunder. In building such road, Lessee may use materials from the leased area, and Lessee shall not be required to pay royalties for -materials so used. Lessee may erect plant or plants on the leased premises and such other buildings as may be necessary or useful in the opera- tions hereunder. All buildings and other improvements installed shall form a part of the realty; however, on termination of this lease, and on payment to the Lessor of any amounts due him here- under, and provided the Lessee has fully performed hereunder, Lessee may remove such buildings or other improvements within ninety ( 90) days after termination. It is understood between the Lessor and the Lessee that all mining operations will take place on the subject property, and all the sand and gravel will be removed and the Lessor promptly paid therefor. The said bond is supplied to assure the Lessor Q -3 that all such materials will be mined and removed from the pre- mises, and all payments made hereunder , and the land is reclaimed, all as provided in the attached Application for Mining and Reclama- tion Permit. 5. Protection of the premises . The Lessee agrees to provide and install adequate fencing and gates at all entrances , and to lock such gates during hours when the premises are not being mined or otherwise occupied by Lessee ' s personnel . 6 . Protection and restoration of the surface. The Lessee agrees to reclaim the surface according to the Application for Mining and Reclamation Permit attached hereto and incorporated herein by reference. The Lessee agrees to provide a bond, satis- factory to the Lessor, and running to the benefit of the Lessor, in order to adequately protect the Lessor and provide a remedy in the event the Lessee fails to reclaim the land according to the plans attached hereto. 7. Taxes. The Lessor agrees to pay all real estate taxes levied against the leased premises before the same become delin- quent. In the event the Lessor fails to pay such taxes, Lessee may, at its option, pay such taxes 'and assessments and deduct the amount of such payments, together with penalties and interest paid from the amount due the Lessor hereunder. -The Lessee shall pay all other taxes, general or special, including severance taxes that may be assessed or become due against the leased lands and the improvements situate thereon, the mineral product thereof, or any personal property on the premises . Lessee shall furnish to the Lessor within thirty ( 30 ) Q- - 4 days from the date such taxes become due, properly executed receipts therefor. 8 . Indemnification of Lessor. The Lessee agrees to in- demnify Lessor against liability on all claims for damages and injuries to persons or property that are claimed to have resulted from the activities or omissions of the Lessee, its agents or employees during the term hereof. In connection herewith, the Lessee agrees to furnish a general liability insurance policy in the amount of One Million Dollars ( $1 , 000, 000. 00 ) per accident, naming the Lessor as an additional insured. In addition, the Lessee agrees to take all precautions necessary to comply with all rules and regulations applicable, and to protect the Lessee's employees and other third parties. 9. Assignment. Lessee shall not assign or transfer this lease, or any part thereof, without the prior written consent of the Lessor, and any attempt at assignment without the Lessor' s written consent shall be void. 10 . Additional minerals. Any minerals not specifically named herein shall belong to the Lessor. All gold shall be the sole property of the Lessor. The Lessee agrees to mine all such gold for the additional cost incurred by the Lessee and, in so doing, upon such terms and conditions as the parties may agree. 11. Permits . The Lessee shall be responsible for obtaining all permits necessary to comply with all rules and regulations of any governmental or quasi-governmental agency, and shall pay the costs thereof. Q - 5 12 . Rights of Lessor. Lessor reserves to himself and his agents the rights at any time to enter upon the leased premises , or any part thereof, to inspect and survey them, to measure the quantity of materials that may be therein, or shall have been mined or removed therefrom, to hunt thereon, provided the Lessor does not hinder or interrupt the work or operations of the Lessee. The Lessor further reserves the right to grant to any person a license to enter upon the leased premises, provided any such licensee does not interrupt the work or operations of the Lessee. 13 . Insurance and utilities . In addition to the insurance provisions above, Lessee agrees to obtain and pay for all workmen' s compensation and other insurance policies reasonably requested by the Lessor, and name the Lessor as an additional insured thereon. The Lessee agrees to pay for all utilities and other charges to the land incurred as a result of the Lessee ' s operation. 14 . Scales. Lessee shall install , operate, and maintain on the leased premises, accurate and reliable mining scales over which all material removed from the premises shall be shipped and weighed. Such scales shall be kept in good condition and repair, and the Lessor shall have the right at any time to test the accuracy of the scales at the Lessor' s cost. Should the scales prove inaccurate because of age or any other reason, new and reliable scales shall be installed by the Lessee at the Lessee' s expense. 15. Water. Lessee shall have the right to use any avail- able water on the leased premises for washing and processing material products removed hereunder. This shall not be construed Q - 6 • of a grant of any water rights the Lessor may have. The Lessee shall not have the right to sink wells for the purpose of obtain- ing additional water. The Lessee may store water on such portions of the leased premises for such mining purposes as the Lessee so requests. 16 . Minimum royalty. During the term of this lease, the Lessee shall pay to the Lessor a minimum royalty on a total of not less than tons of 2, 000 pounds of material per year, whether such amounts be mined or not. Any such amounts shall be payable at the end of a lease year provided that the required number of tons have not been removed from the leased premises, and the royalty paid thereon. However, nothing contained in this section shall in any way diminish the Lessee 's obligation to mine and remove the materials and reclaim the land within six ( 6 ) years from the date of this lease. DENIS B. CLANAHAN, as Trustee for The Crabb Trust STATE OF ss. COUNTY OF On this day of , 1981, before me, , a notary public in and for the said county, personally appeared DENIS B. CLANAHAN, known to me to be the Trustee of The Crabb Trust who executed the within instrument and known to me to be the person who executed the within instrument on behalf of The Crabb Trust therein named. Witness my hand and official seal . My commission expires: Notary Public Address : Q - 7 • SIGNED , SEALED AND DELIVERED DON KEEN CONSTRUCTION, INC. IN THE PRESENCE OF: By : Witness President ATTEST: Witness By: Secretary STATE OF ss. COUNTY OF On this day of , 1981 , before me, , a notary public in and for the said county, personally appeared known to me to be the President and known to me to be the Secretary of DON KEHN CONSTRUCTION, INC. , the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the' same . Witness my hand and official seal . My .commission expires : Notary Public Address: • Q - 8 SON • • MIMS SNIP !6023 4 --� 1tie Dank ass,s sI, 24th 4W t April BMA DOSS* M I a` y SO.haws HABOLD F. BAOIIGUAY1Wt DsAll0 A 8m • dear OS t Adams rat ebb e S.at • Odearatae Eerpw%d DENIS B. CLAW1888. Trustee. • 718 17th Street, 81950, Denver, Colorado 80202 t a. Omar at Denver d in it Oe. - at a.weed pasted • man aid pa.r t the IRO park lyall l e_Ygaem_t rivet • Fifty Thousand and no/100 Do lfl • = Is ar aid paid at say Est pal s Wad paid ti at add peer at as tsar part,So node*Swab s raft to Suet d asba.abbs4 hr swain&bawled.amid d as.-ed.ad by den pre men doe art,baga. .n p oak sin d .sf,s.as the said parr at S.weer par,his Vas ad sear. £..seer,ell as Ywleg LI` 0 awweed lot sr wag t lad,sll..s.Was sod hagsas Carty at Weld d gluts of OSaid,Mat: g - Legal Description attached as Exhibit 'A' and incorporated co herein. N on 2 N Together with all water and water rights appertaining thereto. Tarim with .a d singular th. ►nearer and •••••mass dean banging. ar S anti.. —..IS6 ad the mot and awasbas,na.sdr and raMdw.,natt,Ira d µ.fin thereof;d all a.Ma% right,a uttered,elan d award whatsoever at S. d party t des Est part, Whir s W er area,t,d madras ahss barnW µglee,with the hoaeerala ad apsrwaamn TO SAYS AND TO MOLD as sad p.ai,,,s show bargained sad dreaded, with the ypaeta_ew, ea as said party at S.and part.W ban and reigns lover.And W air parr of t s lint part,for Waif,he ban, seatws,d.inMYWlwe,der.e._t,gear,barged&and apes to and with de said party of S.seemed past, hie heirs d reel .a,that at the dose of the wale/d Meaty t tree presents,b S sea eased of the peal... abs aswpad,as at good,an,area,abate and stt.aSW estate of lbAtaam, In law, an be simple, d ha gad right fall perm and lawful authority te gnat,bread,all d nag dr sear In saner or fora r afraid, and that de seaw an free sad ruse ha as brae and afar grata, hargaS, sales, area. der, eseoaaal and sahraaar of whebver kW er Ware saner. Except easements, restrictions, reservations and rights of way of record; 1980 taxes to be pro-rated. and the show bargained premier In de quiet ad peaceable p.arfs of the said parr of the second part,hid heirs 4 and.ears arts ea and every pesoe or pons lawfully Sheda or to earn the whole or say part thereof,the rid parr t the drat pet Yea and all WARRANT AND FOREVER DEPEND.The regular aura shall brae Op the plural,de past the SiaM,d the s of an reader shell be applicable to all radars. 7 IN WITNESS AERREOF,the aid party at the tint part hereto set kis hie and Neel de day d year not abase wallas. SAL] MAL] _[SEAL] STATE OF COLORADO Ooaryt Adams _ Tba Marla[S.* at was ackaowledged btare r ads 24th any es April J.........4,,. a" oVU070�... 1980 ,by Harold F. Baumgartner. } o.,..«.. . Q - 9 S ''''''';.:,=-:141t7 ti sea EXHIBIT •A• t LEGAL DESCRIPTION • • ATTACHED TO WARRANTY DEED - f. : GRANTOR= Sarold P. Baumgartner GRASTSEI Genie B. Clanahan, Trustee . Part of thi N I, of Section 31, ToWnship 1'North; Range 66.We ffi r st : . -of the 6th .M. described as follows: , • • : • . • : .. •. . • ....`�� :r. .te . e:• ..begiaiiin. g at a point on the West lini of U: S. Highway No. 85 -. • • - • • from which point the Northeast corner of Section 31 beard 1vormh :• • . •78.4X' East 2342.5 feet; • :. Theme North 76.32' West 344.6 feet to a points-on the North ..%. and South cenierltni of 8eotim 31 which is 365.5 lest South _ of the North getter corner of Section 31; -. • • • , doom South 0'33' west along said North and South eentorlinq' . • • • 294.5 to a point 660.0 feet North.of the Southeast corner-• t"• = ' . . . of the NNE. NW}bf said Section 31; ' , v - -: . "`-1•-• - :thence West 850.0 feet, mote or less, to the West bank of ._ Y • the Sou Platte River. • • •. r . thence Southeasterly along iba West bank of ih'e South .• Platte River to a point which bears South 05.91' East 1412.32 p • ' . . feat from the last described point and whicWis 590.0 feet • • _ North of the South line of the NW} of Section 31; . r • thence Easterly 584.0 feet, more (*less; to a point on the • - • . • West bank of the M nn' ccaDitch which is 560.0 feet North - • • and 116.0 feet West of the$outheast corner of the NW} of '._ • . Section 31; . • r thence Northerly and Easterly along the West bank of the ' . McCann Ditch 500.0 feet, more or less, to a point which bears North 47.11' East 439.7 from the last described pointy ' • _ • • thence South 83.13' East along the North bank of the McCann_ - . • - • _'Ditch 68.9 feet to a paint o.•t the Vest line of U_ 4. Highway • ,- *No. 85; • - • . ' thence Northerly along the West line of said Highway on a ". __ • ctxve to the left with a radius of 2765.0 feet a distance of 178_$ • feet, the long chord of which curve bears North 03'30' East • 178.8 feet; . - - _ . • thence North 12.11' East along the West lfno of said Highway ` • . 136.7 feat; ..• . • - a thence North 1.39' East along the West line of said Highway ,s. . 1016.8 feet to the point of beginning.; • - ' -. Ascent that part of the NE1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M.. described as follows: • Beginning at a point on the West line of U. S. Highway No. 85 from which point the Northeast corner of Section 31 bears North 7891' East 2342.5 feet which is the true point of beginning, thence North 76.32' Neat 344.6 feet to a point on the North and South centerline of Section 31 which is 365.5 feet South of the North Quarter corner of Section 311 thence South 0.33' West along said North and South centerline 294.5 feet to a point 660.0 feet North.of the Southeast corner of the NE1/4 NW1/4 of said Section 31; thence N90' E approximately 335 feet to a point on the West line of • U. S. Highway 85; thence N01°39'00• East along the West line of U. S. Highway 85 to the true point 'of beginning. Q - 10 - R.cad.J d a = b .Q.._ . . 1623522 , 4- / act JJ i,., a crab, Weld Cass Caw • a..aw CI , _�_PERPETUAL *A3tW 1 Pew^:; ELL l:!:, ST .: ffl:ENT4, that Adams Transit Nix i Corporation, GI:estor, for valuable co...adoration, do- ...,teby AS, west std Irillt lr. 06i jA • p�oo _den ten. of WI 1.2tp Otalet. • M1f911nCS. grantees, aosforces, tenants, nor--eats and all :-..ti and invitees of sae, • Goa-Inclusive Perpetual Basement on, along,lon over mad across ;be following described promisees A tsaattoi0laid in th b lrthresuming t Qaastar of the 1 Northeast Quarter (1N 1/4 in 1/4) of Soutica • Thirty as (31), Township On? (1) North. saws Sixty-.:SA tea) Meet of the Sixth (i...) P.N., Meld A- County, Colocado.described as follows, n o Begieningat the North Quarter Con-- :f said c , Motion 31, Theme South 00. 33' Nest, 345.0 feet along the North-South center line of said Section 311 thence South 74' 53' Bast, 350.4 feet to a 8 point on the Nest Eight of say lies of New U.S. N ighwsy No. $51 thence Northerly along said right li of vsy line by the following courses and dietanoes, N orth 01. 1S' Nast, 323.2 feett North 13' 27' Nest, 94.7 feet; North A1' 1S' Nast, 30.0 feet to • point on the North Line of said Section 31, thence South 19. 31' Nest along said North line of Section 31, 323.5 feet more or less to the point of beginning. Together with full right of access from and to Q.S. Nighvay $5 through the existing scones, all without restriction, for the purpose of travel, ingress and egress by Grantee, his successors and assigns. agents, servants, grantees, transferees, tenants, occupants, end all gnats and invitees of sans, the same as if said easement granted herein was public road as to the Grantees and successors, to and from the property of Grantee discribed as, (Legal Description attached as Exhibit 'A') RATED this day of April , 1910. ADAMS IT NIX CORPORATION (`.ci6meiX S o"C . By ar r- e• •33 nt STATE OP COLORADO ) ) as. COUNTY OP ADAMS 1 The foregoing instrument was acknowledged before ee this 24th day of April , 1980 by Harold F. Baumgartner, oorsalo lrssidantxof Adams 'transit Nix Corporation on behalf of the o Corporation. "- (uat wta -& (V ViAtto14 Pte Pr,%+ 5' C%b • '' of ,....0 . ; (;1'11ege my hand and-official seal. ,- db y : ` N ...... is dp .. P4 1Q' They om sion Expires: EV72/80 yr .o -re- 7,79;..1.. ii 3 /_ ' ii 'll-1 .• ?•a1 Notary Publ. c kl'•. A Tom r r Q - 11 2 lees 2ti EXHIBIT 'A' ..?? -o[ LEGAL DESCRIPTI ,a ATTACHED 1'0 PERPETUAL EASEMENT DATED APRIL 24, 1980 • GRANTOR: Adams transit Aix Cc -,.,...catinn • - ' GRANTEE: .Denis 8. Clanahan, Trustee • x •Part of the l'k of Sectloa 31, soivnship ' Bahl►; Range 66.\h'est • • -of the 6th I.M. described as foll..ws: • . _ '• •.. .Begtoit ng at a point od the)Vest line.Of U: S. Hie-•••sy No.•85 • • • • from which pain;the No.'tl...aat ca..uc e'Section 31 bear )Garth % . •78e.71: Last 2.342.0 feet, • ." race Mail 76.32' West F44.6 fait to a point•on {he Na cis , • t • • ' '•and South centerline of See3ioa 31 which is 0. 5 feet South . • of fhe North Quartet corner of Sectk.,s 31; . ` . . • , thence South 0.33' West along sk 'id North and South centerline ••' • 294.5 to a point 660.0 fat NOrns.of the 8qutheast ooroec '• _' : • . of the NE NW} bf said Section 31; ' • • ,- et." • .: . •'`^ • - :thence West 850.0 fat, more or less, to this;West bank of .- • '' • • the S outh Platte River,. ' • • - •.. thence Southeasterly along the West bank of the South • '. z Platte Rtvar to a point which bean South 05.41' Zest 1412.92 p ; • ' • feet from the last described point and which is 50-0 feet • • • • • North of the South line of the NW} of Section 31; - • thence Easterly 584.0 feet, more or lesi, to a point on the •• . West bank of the MaC.trm'Ditch which is 560.0 feet 1Sorth • - - • and 116.9 feet West of the$outheast corner of the Ally} of " seec.on al; • • -I • • i . r thence Northerly and Easterly along the\'Jest bank of the - • ▪ • . - • • McCann Ditch 500.0 feet, more a less, to repolnt which' . ' . bears North 47.11' East 439.7 from the last described point;.• . • thence South 83.13' East along the North bank of the McCann, • ▪ . Ditch 68.9 feet to a point on the West line of U. 8. xighway .No. 85; • - • ' •-• Ithence Northerly along the West line of said Highway on a • • curve to the left with a radius of 2765.0 feet a distance of 178.a ' feet. the long chord of which curve bears Mouth 03.3Q' East. • 178.8 feat; . • • • Thence North 12.11' East along the West line of said Highgvay'' • ` ' . 136.7 fat: •'• • . ... • •. • ., thence North 1.39' East along the West litie of said Highway ' 101-6.8 feet to the point of beginning.•. • " Except that part of the NE1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M.. described as follows: Beginning at a point on the West line of U. S. Highway No. 85 from which point the Northeast corner of Section. 31 bears North 78'41' East 2342.5 feet which is the true point of beginning, thence North 76'32' West 344.6 feet to a point on the North and South centerline of Section 31 which is 365.5 feet South of the North Quarter corner of Section 31; thence South 0.33' West along said North and South centerline 294.5. feet to a point 660.0 feet North of the Southeast • corner of the NE1/4 NW1/4 of said Section 31; thence N90' E approximately 335 feet to a point on the West line of • U. S. Highway 85; thence N01"39'00` East along the West line of U. S. Highway 85 to the true point 'of beginning. Q - 12 itc433ta .3- Sk3fl el .N ...a. w.a Gv,iv C'. .O PERPETUAL EASEMENT 1 KNOW ALL MEN BY THESE PRESENTS, that HAROLD F. BAUMGARTNER, • r_am , for valuable consideration, does Lsreby grant unto l aim ■_ rlaaahaa_ Ipr,, s a Grantee, of 7]a ]7M • ■`semta tli'ie na.....x.—0u-8G2n� , his some-. .as, assigns, • agents, ;'ry —La, gcanta0s, ' •ansfereea '._cants, occupants awl e m‘ all guests and ! ':Lt...r of szme, a Non-tsclusi— Perpetual Easement o on, along, over and across the following described premiss: of • The last fifty (50) feet of the following described Tract: The North 294.5 feet of co the tut 344.6 feet of the property N described on Exhibit 'A• attached hereto. lc Together with full right of access from and to U. 8. Highway 85 through the existing access, all without restriction, for the purpose of travel, ingress and egress by Grantee, his successors and assigns, agents, servants, grantees, transferees, tenants, oocupants, and all guests and invitees of same, the same as if said easement granted herein was a public road as to the Grantees and successors, to and from the property of Grantee described as: (Legal Description attached as Exhibit a9•) DATED this 24th day of 11r" , 1980. :spar STATE OP COLOEMDO ) ss. COUNT! DE ADAMS ) The foregoing instrument was acknowledged before me this 24th day of April , 1980 by Harold F. Baumgartner. -fitness ay hand and official seal. My Commission expires: 1/13/84 CY) Lith.Attibi `. ^'. Q - 13 - • 902 -182a5.:::j .3-a • EXHIBIT 'A' ZEC- .. -,4SCRIYTION ATTACHED TO PERPETUAL EASEMENT GRANTOP• ^^rold P. Baumgartner GRAn.ah: Denis B. Clanahan, Trustee .. Sfeintry Pact of Lisa rife of 8ec.ion V, Township h r'••-tli, Range 66 West - • - •cf the 6th P.M. described as follows: - ' • ..Beginning at a point on the West line o!'* •8. Highway No.•85 -. . , • . • • • bras which point the Northeast corner of Section 31 bears N.•.rh :' . . . •78'4X' East 2342.5 feet; - thence . ence North 76'32' West 34.6 feet to a point on the North •. • •std South centerline of Section 31 which is 365.S bet South . . ' ' . • of the North Quirts( cans of Section 31; • • •-• . - . thence South 0.33' West along said North end South centerline • . 294.5W8 to a point 660.0 feet North of the Southeast cans - . • • of the NEt NWe Qf said Section 31; ' • : �. .thence West 850.0 feet, mare or less, to the West bank of .. the South Platte River thence Southeasterly along the West bank of the South ' • Platte River to a point which bears South 05.51' East 1412.32 • • " feat from the last described point end which is 560.0 feet • • • : North of the South line of the NWe of Section 31; • thence Easterly 504.0 feet, more or less, to a point on the • West bank of the McCann Ditch which is 560.0 feet North • - and 116.0 feet West of the Southeast corner of the Nyti of . 1 . Section 31; . ' . . - . • * = thence Northerly and Easterly along the West bank of the - - . McCann Ditch 500.0 feet, more or less, to a point which . beats North 47.11' East 439.7 from the lest described point; t- • thence South 83.13' East along the North bank of the McCann, • .•.‘ .' .• . . Ditch 68.9 feet to a point on the West line of U. $. Highway • , - .No. 85; . ....• . . . ' thence Northerly along the West line of said Highway a t ad" :' • • curve to the left with a radius of 2765.0 feet a distance of 178.4 fast, the long chord of which curve bears North 03.30' East • • 178.8 feet; - " . • • . " thence North 12.11' East along the West line of said Highway ' • . n 136.7 feet: ••. ' . . . •. • thence North 1.39' East along the West line of said Highway . ' fl. . 1016.8 feet to the point of beginning. : • • • .• . - County of Meld, State of Colorado. Q - 14 12 EXHIBIT 'R' 182352's .3 -3 LEGAL Dr.SCRIPT7ON ATTACHED TO PERPETUAL EASEMENT GRANTOR: Harold Bauaor:tner r GRANTEE: Denis B. Clanahan, Trustee lot.. 'Part of the N: of Section 31. Tavnthi, 1 Noitli; Rae.ge 66.Y:est . ' -of rifle 6th P.M. described as follows: : - r • • ..flegtnn -tc nt a point nd thy.W3st line Of u. s. Highway No. 85 ; - ' . • • • turn wvhldt point that Northeast corner ut Section 11 beta North : ' . . . •!8.411' East :::.31.$ beet; • . • thence Nath 76.32' West :ti4.6 feet to a point tin the Nnrik ..••• • '-Std South centerline of Sailon 31 which is 365.5 feet South . ,' ' • of the North ()nectar corner of Section 31; ` ' - - . , thence South 0.33' West along slid North and South centorlii►e,' - . - • • 294.5 feet to a point 660.0 feet Nath.of the Southeast corner•• - • • of the NF. NW}of sold Section 31; .'.. ' •; . • . '. .theme West 850.0 feat, sore or less, to the West bank of .. . • the Scuba Platte River;. • . r •_ _• • thence Southeasterly along this West bank of Dia South . ••s i - Platte River to a point which bears South 05•St1' EH}st 1412.32 • • - • feet from the last described point and whtchi is 5SQ.0 foot ' - - • North of the South line of the NWI of Section 31; ' . thence Easterly 584.0 feet, more or•lesi, to a point on the - West bank of the IKccnnn'Ditch which is 560.0 feet North • - - and 116.9 feet West of the8outheast owner of tho NAY} of '_, - Section 31; - ; ; • . • - ' • : thence Northerly and Easterly along-the West bank of the • . - McCann Ditch 500.0 feet, aw-e ar less, to n'point which' . . beers North 47.11' East 439.7 from the last described pointy 7•• • • • _ • thence South 83.13' East along the North bank of the McCann. ' ' .• . . . *Ditch 68.9 •feet to a point on the West line of U. $. Highway ' • ,_ .No. 85; r . ' ' thence Northerly along the West line o!said Highway on a • _ • . serve to the left with a radtus of 2765.0 feet a distance of 178_9 - feet, the long chord of-which carve bears?earth 03.3Q' Fait ' - - • 178.8 feet; ' • - . • • • thence North 12.11' past along the West line of said Highway ' . • . 136.7 feet ••• - • • . • - . thence North 1.39' East along the West line of said Highway •—.••• 1015.8 feet to the point of beginning. ' ' - •' • - Except that part of the NE1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M.. described as follows: Beginning at a point on the West line of U. S. Highway No. 85 Eros which point the Northeast corner of Section 31 bears North 78.41' East 2342.5 feet which is the true point of beginning, thence North 76'32' West 344.6 feet to a point on the North and South centerline of Section 31 which is 365.5 feet South of the North Quarter corner of Section 31; thence South 0.33' west along said North and South centerline 294.5 feet to a point 660.0 feet North of the Southeast • corner of the NE1/4 NW1/4 of said Section 31; thence N90° E approximately 335 feet to a point on the West line of • U. S. Highway 85; thence N01.39'00" East along the West line of U. S. Highway 85 to the true point of Imginning. Q - 15 �-/ --� , Ave d Cs'±- Acid Co..m U r. & G ., SUBORDINATION OF DEED OF TRUST AGREEMENT AND POSTPONEMENT ^^ LIEN PRIO&ITY I P ENO, ALL NEN BY THESE PRESENTS, that, Whereas the undersigned • Platte Valley Bank of Brighton, Colorado, is the Holder of a certain • Deed of "rust which was executed ...lid delivezed or the ,)0th day of June , 19j, by Ad' Trareit Mir. rorp., iwcuring a • c Norge dated the left day e` Tun. , .:rtZ_ and which Deed o: o Trust was recorded on the 30th day of .7uly 1922_ in C,9 Book 801 ,,Reception NO. 172ae7n of the records of the Clerk and Recorder, Weld County, Colorado; and N NHEREAS, the said Adams Transit Mix Corp. has executed and delivered to Denis B. Manahan, Trustee, an Easement over and across the East fifty (50) feet of the property described in the Deed of Trust held by the undersigned, a true copy of the Easement is attached hereto; and WHEREAS, undersigned, at the request of Adams Transit Mix Corp. has agreed to subordinate its lien to said Reassert. MOM TNERErORE, the undersigned Platte Valley Bank does hereby subordinate its lien to the easement granted to Denis B. Clanahan, Trustee, and waives its priority as to said easement and agrees that in the event of any foreclosure of said Deed of Trust resulting in a change of ownership of the encumbered property that nonetheless the aforesaid easement shall remain in full force and effect and shall not be disturbed. DATED this 24th day of April, 1980. PLATTE VALLEY BANE BY: STATE OF COLORADO ) Melvin H. Green Vice President ss. .««...... COUNTY OP ADAMS ) The foregoing instrument was acknowledged before me y.r ?, of April, 1980 by Malvin w rraa as a: a�ft0' Valley Bank, a Colorado corporation, on beha o e co At! 14 / Witness my hand and official. My Commission expires: j ZitarClAjnINICrcat Q - 16 PERPETUAL EASEMENT KNOW ALL MEN BY THESE ^"lStNTS, that Adams Transit Mix Corporation, cranto: , .or valuable consideration, does hereby grant unto Qinie B. Q Th,ste urantse, of 7)" .7th Street, {peso. leaver. Co. 80202 . his successors, assigns, agents, servants, grantees, transferees, tenants, occupants and all r•>,pts and invitees of same, a Non-Exclusiv, Perpetual Easement on, along, over and acrossthe following described premises, last 50 of �eland itn the the Noric west Quarter the 2 described of Tract: N ortheast Quarter (NN 1/4 NE 1/4) of Section Thirty-cos (31), Townshi; :Os (1) North, Range Six'v-s:e (65) Krt. of the Sixth (6th, P.M., Weld County, Colorado,t_scribed as folsows: Beginning at the North Quarter Corner of - S ection 31, Thence South 00. 33' ::::t, 365.0 feet ' along the North-South center line of said Section 31, thence South 76. 53' East,, 350.6 feet to a point on the Nest Right of way line of New O.S. Highway No. 85; thence Northerly along said right of way line by the following courses and distances: N orth 01. 18' East, 323.2 feet; North 13. 27' West, 94.7 feet; North 01. 18' last, 30.0 feet to a point on the North Line of said Section 31; thence South 89. 31' West along said North line of Section 31, 323.5 feet more or less to the point of beginning. Together with full right of access from and to O.S. Highway 85 through the existing access, all without restriction, for the purpose of travel, ingress and egress by Grantee, his successors and assigne, agents, servants, grantees, transferees, tenants, occupants, and all guests and invitees of sane, the same as if said easement granted herein was public road as to the Grantees and successors, to and from the property of Grantee described as; (Legal Descripti n attached as Exhibit •A•) DATED this day of April , 1980. ADAMS SIT MIX CORPORATION ( se3t al=er By • a ar r- s nt STATE OP COLORADO ) ) ss. COUNTY OP ADAMS ) She foregoing instrument was acknowledged before me this 24th day of April , 1980 by Harold P. Baumgartner, " rePi dsineof Aflame Transit Mix Corrp�ooration on behalf of the ' Corporation. X V",..a,EOwtvQ (1• tiNts,wM Rte l3snf••letc. .4 ) , .\' .i Sesp my hand and official seal. ,'1: • I . II 4O1 \..:' • C04Ision Expires: 11!22/80 I\ ‘ 11.4 i we. - / /„/ 1." 1 Notary .ublic Q - 17 1823521 992 3 3 EXEISIT "A" LEGAL DESCRIPTION ATTACHED TO n!RPETv,a. E?S4mNNT DATED APRIL 24, 1580 GRAMTURe Adams Transit Mix Corporation - . • - GRAM?EEs .a a. Clenahan, 7—rstee - - 1"'9 •Pert of the.Nis of Section 31, Township 1 -?oitli, Range 66.V est -cif the 6th P'.M. described as follows: • - r .•Segir.}n? :u yuku. :.ti th►`.'fast linaof i• ' S. Highway No..85 s -. • • . • • • turn which paint the note east comic of Section 31 beard)te-th • . . •7e•41": East ssaz.5 feat; ' • • ' •:• .• . • ' • t `« thence Moab 76.32' West 144.6 feet t_ c point•on the North • • ••and h ce Saatnterline Sec tion ction 31 which is 365•.5 tut South : -- ' • • of the North Quarter corner of Section 31; . ' • , thence South 0.33' West along said North and South centerline - • • • 284.5 t i l point 660.0 feet Wirth Of the Southeast corner•C • } Section 31; , thenoi West 850.0 feat, more or less, to the West bank of ._ • - • the South Platte R _ iver;. • - . r - - thence Southeasterl • al j y ong thet West heal: of ilie South •4 s • Platte River to a point which bears South 05.51' East 1412,32 - . • - • • feet• from the last described point and which'is 5O.0 feet ' - North of the South line of the NW} of Section 31; •. ' • thence Easterly 584.0 feet, more or•lass, to n point on the • West bank of the McCanntiteh which is 560.0 feet North • - • and 116.Q feet West of theSoutheast corner of thin Nov} of • , - • Sectton 31; - • - • • •' • r thaws Northerly and Easterly along the West bank of the - • • McGann Ditch 500.0 feet, nitre or less, to repaint which s' . . beers North 47.11' East 439-7 from the last described point: • _ ' thence South 83.13' East along the North bank of the McCann. • . .° • °Ditch 68-9 feet to a point on the West line of U. $_ Highway ' , ° • , . ° .No. 85; •- .• .' • - • - • • thence Northerly along the West line of said Highway on a • • one to the left with a radius of 2765.0 feet a distance of 178.$ • feet. the long chord of which curve bearsiorth 03.3Q' Exit • • - 178.8 fee -t; . - ' thence North 12.11' East along the West line of said Highway ' . 136.7 feet; - • . ' . • . .. thence North 1.39' East along the West line of said Highway . .—.4- 101.6.8 feet to the point of beginning.• Except that part of the NE1/4 of Section 31, Township 1 North, Range 66 West of the 6th P.M.. described as follows: Beginning at a point on the West line of U. S. Highway No. 85 from which point the Northeast corner of Section. 31 bears North 78.41' East 2342.5 feet which is the true point of beginning, thence North 76.32' West 344.6 feet to a point on the North and South centerline of Section 31 which is 365.5 feet South of the North Quarter corner of Section 311 thence South 0°33' West along said North and South centerline 294.5 feet to a point 660.0 feet North of the Southeast corner of the NE1/4 NW1/4 of said Section 31; thence N90° E approximately 335 feet to a point on the West line of • U. S. Highway 85; thence N01°39'00" East along the West line of U. S. Highway 85 to the true point of beginning. Q - 18 l � MAILING LIST USR-523:82:38 Deon Kehn Construction, Inc. David Nystrom and David Stainton P.O. Box 315 Boulder, Colorado 80306 Cowan Concrete Products Inc. 625 3rd Street, Greeley, Colorado 80631 Jeffrey Elms Rt. 1 Box 151A Brighton, Colorado 80601 Jackie & Phyllis Lassiter R.F. D. North Brighton Brighton, Colorado Jack and Hazel Chambers 12687 Road 21 Brighton, Colorado 80601 Fields Engineering and Fabricating Co. -Inc. 821 Weld County Road 27 -Brighton, Colorado 80601 Brighton Industrial Park c/o Ringsby Truck Lines P.O. Box 7240 Denver, CO 80207 Norden & Son Contractors, Inc. P.O. Box 310 Fort Lupton, CO 80621 Jim's Water Service of Colorado, Inc. P.O. Box 718 Brighton, CO 80601 Oil Well Perforators, Inc. c/o Out, Inc. P.O. Box 24047 Denver, CO 80224 Denis Clanahan Trustee 718 17th Street Denver, CO 80202 STATE OF COLORADO DIVISION OF HIGHWAYS F ENT OFl ` C P.O. Box 850 Greeley, Colorado 80632-0850 F (303)353-1232 August 12, 1982 \ Weld County SH 85 Mr. Rod Allison Kehn Construction Department of Planning Services Special Review Weld County Permit 915 Tenth Street Greeley, Colorado 80631 DOH FILE 45100 Dear Mr. Allison: We have reviewed the Don Kehn Construction, Inc. , application for a special review permit, and we ask for your consideration of the following comments. Traffic generated by this gravel mine, in addition to that of the exist- ing commercial operations, could have an adverse impact on the intersection of U.S. Highway 85 and County Road 4. In particular, we are concerned about left-turn storage capacity in the highway median and the adequacy of the existing driveway to serve additional gravel trucks. The application does not contain any information on the amount of traffic which will result from the gravel mine and/or the existing commercial operations. It is necessary to have daily and, preferably, hourly projections of traffic to determine whether left-turn capacity is sufficient to prevent conflicts with through traffic on U.S. 85. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER [MS as Rames District Preconstruction Engineer DDR:da cc: D. M. Bower .t"lr0lg_Wit D. N. Fraser (2) File: Crier-Jacobson , AUG 16 1982 w/encl . tJ Yield Co. Planning Commission I yy im Ij;; Ii;:: 11: •n. •m• • I ••• fi u• 6 • • C�— • z• °� 1 • J i l-�. -• co t� I'Y.i q z ,❑w �. d�:;rE'iLcE V\F1 m II ..r -O. T r••'.`: rel .•:;1. • • .• :I:: 7.. 1 \4\ IT il :I: '4 fi „ 30 2, 28 •X .-=ms's •r-' __ • • • 4 = •�• j' j I •c i , /N J's 1 , 7 ' �[FCMAIIT[-I' _ ••' tti li. p`` �,T •_ ��i r • • • ,� ti.Ut‘.\--;1 j B61 II 1 r 1 _, o 3' Pri , _ xo z •zz il i� I x, x• �' ' o • z. 1 1 + •anisrocna _ • \ ® AINCMETi oil] ,• • E TONE • - - � •'•1••• • �„ ' \.P. •-- VOA TO �I • / o • z• � I yy I P 'r . z. '� R .�"r, .`z 29 c 1 ZS • z, ,o ..J�o r' ,• 'IVE N�f,, _ •I' z. '1 T- 2. ' ( i Vii' — I �C • • a2 2'=1 H 1 -'. . / .a: ��• f y ! _ ,•�I _�_.• 4.4I.g a • �� '� •I IRY iill `a i �� [/ '• �p ;r 1 air V• • �� l 1c�sV ii a• - .e.. =fe •• • a� r ,_-",:,„-•„L•_. ..eEe./ I . Q� iii .,°( _i d II I e •g- '0 t . ,I 77 a r.J ;S r , z t'��I zz t x. e (� G�// -../2„ -.d Y •Y Yi� • 0 G s C - HI x ' • u01 I •b.i • •I++.. � -,----1.n1.,(' cp.!:i ,F' ..-Q-.- Arrk y 4 _ —�—Lam$_--- _�_,-- _ 9� •- A • G V Y P '.� i c:canc a•il iR 67•N 4, 8 - y "a"A".'�:. ,"�*�1 ...�}1* A D A "A .... C 'J 1. rx2 'm.W \ / ,,.ft•., ("iiW I • Y +:b KY J;;ç;y T 'w�^!: •1i , . _, ✓ ' 10,,ti i ₹• '} �I� t a '". •' ' 3.. "G"vit �+F'a A • . t 'n' - r f�'8 r Slyi_r i. is ag1140114 " f�,1 M'ifF f rr�. 4 g! i' f'4 r 1, e i' "j^{• y Pt A. R '9 . y fi{ 1 i ♦ 1 �rFFkk 1 wf ry$ {. � f �,tti t, �� I �p.� / `� � �� iii:/r.::spilivesCil'ii. Ai„ri..• “. t. *� A, ' l$+.rrf""� ' rn 'Y 'e �� i'r At YF ' !g ' M .� - t t,,,„,.,„%-y�L4rTf*�e�ale'f 'n • ajt v• A; ��}�� / ,a p >d * 4 , dye �! .. ren r s 1:. I 'm s� i - It t ' 1 r {G I i ° .6 'i ) ti'ax ..,� o- c'r* iK f* . a ir { 7777 'v' .CRI , r' 1_,:@v".*,M.y, y 1 /: F r11 I ,c' % 0y1r r"' ' 7 .a'1+. ry "' { +)� t � ..g r t. t.%211'Mari, !-f i p • y t it, y ....FAC L T '� .•� r �... ; ;ijx(4. •�� F ygk^ r 'hf/1 # .� 4. s . f Y1` k ztr � ' eye 4. a; ' tr. ..I^wf •-�si f�°n: t Nr f �1Ai m '�t. F ...� � 3 2. ' ,ygY,- .-.- .,.i.`\ , .t 4.,•♦*k .-i," + "-.0"4""^'""r"•sIVI• e• ,� 4,,„,„4. a ♦F f `C T. ~»k~" r 14 I�iI9I', ,4 xil ;:,t, i s i j ' 4 iy i ,7 t .t 1,"4 i'ta ' "id ' ' `*,,,, t 4 y{ r r 1 ' ,5'Y '5; " ij r. ,r;t "Y '-1 v h r +♦f * .} t.4.txr a s P .i . ¢tea fad ��yr 9' ' x r y �-',, ir" ! 4. u f 4 •-r' !'�4. 19 \ d*▪ F t,t, s * �i: Alex t u s' f.4 xl v 1 ` I C yw+. , '*' tact lyy, a T , i ," Ii; - ah, • g AS _ / F c.: IiJtwv,r'i 9Y!X F 4lR m Y' x b r' ,t + s t. r 4 -N . /k'.L7' s� r a I.ryyf k �i�•if I! p..' fL +:i+ t r i v' may 444 11/4, ^ ? 'm . oI ��'k _-4,01a dt n :$i4 t l ti. ` k �,.� {' { . w.F j *t '.a r`s,"s ik " ♦ y -a4„ r s P ��•vx. w31rk999..9 ij oS�▪ ..4y4 `' tr }b`�� a`ti.w r c--1.—y 4.e. -Atenit.r444 • �Gi ^tes '4.. '�`'�. P r f A �'/� �' �� • Yx iy ,i -4. i 1{ ��'T sw—J4 f',+ i' _F � 4-y .,YT: •₹'! .� t/4_144„ i y.: �'t C'a-el1-�� a a a � .; �� + n A g V""` I...... ,,aa.ji ! is ti t yy,, —•s• j `� ' iti €A giA "ha � t 1 . 3 N 0 O e N R' e $ �'Ito# Ti :tl�3,a r `✓ Fxv i v / '` 'u 1• 1 ,t je F+ _ Re♦/ " � A -,g, � } -�', ` .,fie „y:.• -+ i - ..Pt t +� 4 e* �li_ yp9 �. Li: L i ; _j\,. t 'iii.q[ I - � 50�) �pq q.{ry i� .,. . m . 0. Fox 3l .Jer._s „_ee Boulder, CO 80306 718 17th Street Denver, CO 80202 82-61 82-61 82-61 Don Kehn Construction Inc. Denis B. Clanahan 6322 South College Avenue Trustee for the Crabb Trust Fort Collins, CO 80525 718 17th Street, 41950 Denver, CO 80202 82-61 Cowan Concrete Products Inc. 625 3rd Street Greeley, CO 80631 82-61 Jeffrey Elms Rt. 1, Box 151A Brighton, CO 80601 82-61 Jackie & Phyllis Lassiter R.F.D. North Brighton Brighton, CO 80601 82-61 Jack & Hazel Chambers 12687 Rd. 21 Brighton, CO 80601 82-61 Fields Engineering & Fabrica- ting Co. , Inc. 821 Weld County Road 27 Brighton, CO 80601 82-61 Brighton Industrial Park c/o Ringsby Truck Lines P. 0. Box 7240 Denver, CO 80207 82-61 Norden & Son Contractors, Inc. P. 0. Box 310 Ft. Lupton, CO 80621 82-61 Jim's Water Service of CO.Inc. P. 0. Box 718 Brighton, CO 80601 82-61 Oil Well Perforators, Inc. c/o Out, Inc. P. 0. Box 24047 Denver, CO 80224 tirfidavit of Publication STATE OF COLORADO ss. County of Weld, I, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising Berk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) fweekx); that the notice was published in the tilt regular and entire issue of every number of said titl , n is newspaper during the period and time of publication of �n« w • � �� said notice, and in the newspaper proper and not in a y7E ix:+ i .. _ �;,,.� ��•�M supplement thereof; that the first publication of said Inkrs ;'`",` " .are notice was contained in the issue of said newspaper 1. w j' TMo bearing date w INe ., Second 'ft *" `" cotes,w day of October �y s� � rr3,me A.D. 19 82 • 1 cci- . and the last publication thereof; in the issue of said _ ttk a newspaper bearing date the .1 tit a.'' t r, 'r ' t. Second day of October A.D. 19 82 4 . �� h that said The Greeley Daily Tribune and The Greeley ,� MH 3ar Republican, has been published continuously and f ' Co!. uninterruptedly during the period of at least six months next prior to the first issue thereof contained wsrp .# ;mots said notice or advertisement above referred to; that said � ',', a 11 eg newspaper has been admitted to the United States } •nR°o mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 2, 1982 Total charge: $13. 92 Advertising Clerk Subscribed and sworn to before me this day of October A.D. 19_82 My Commission [x�res Jan. 14, 1036 'on expires ` Notary Public Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) S; that the notice was published in the p,* am regular and entire issue of every number of said ' Wir � TM. newspaper during the period and time of publication of "" • said notice, and in the newspaper p,arlrrproper and not in a IRS-a�� supplement thereof; that the first publication of said ^°, <• ay notice was contained in the issue of said newspaper sit r- '*by thework Kr Sink* bearing date wee awe, 1141004 l ' og 131 otii , Rioqua theWed Second Imes:+ \ +°r.-ca day of October A.D. 198 • 2 ert�rN q�s and the last publication thereof; in the issue of said r. w ppa i a con- newspaper bearing date the +1cg RWdQCC�p�,11Pk1NMni6p L� r,' ...hi, Second day of October A.D. 1982 Pi a trhr Son a; that said The Greeley Daily Tribune and The Greeley -t0wMh10I Norm, e` West OfRepublican, has beencontinuously IM+*'P.M.•,-ww. ,.Col, published and "rr (-I t" 4}Nt.. UNTY uninterruptedly during the period of at least six a. CO JOSS RS . months next prior to the first issue thereof contained BY;W r 'tx T tt said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 2, 1982 Total charge: $13.92 \.V-, a _ .v«. 1. i '---> t I.' c.,.., Advertising Clerk Subscribed and sworn to before me this 2nd day of October AD. 19 82 My Commission Er, ves Jai. 11 'J6 M omi iss' n expires ii otary Public ' yt.ii _ i .'.a. ,. r t ! ilk MI 4' ' x I t ,-:: : '!':'*''''"'"1. • •' „,-'''-' ' ' ts-, : ' '''• ' '''''''''''' ..„ d .t,'''x t ,I '.,n:, F it l,P0, 4 'x ; § r • 4-,t 1, s t .in, iF .T; are. ^I �p • 4tt k 1 x a3h j„ x i4 :144 "rc t" i.: k 9 ..„ v ..,. !�l:. ._ .i,"�..� ',,,A4,. ,1,4 lid#" y ..` ti S;� I{ / I '4* xF, •° 4; 1� � , _ d,i 1 µ ' s �''*4':'' t 4t e( s', {',uY�'{' z/ :.ti x ¢ i' u 1 ,It?. 4'_itr t t:::"":44. �rB '' 'Ns+tw;. j,y• t ft "', 41 t ia."• ' • i t "�} ` x f: :'' '�t, ` "y*`s t a ' y€ _ .fd 1,, t r w ^, % ;t ,!•!"46,;i;'`Y d • { a F� Tr F '4 a a #7 � ' �IR'11�: 5 „,,r.,,,,,,,,.,., ,,,,,:, "zi a $.',44,,,'' �. {I. 9''N .A.'.w*.: y I $�k �1! nk{ * ';,,7'..:,'" 4 F+.ry '4C.' � It. 4 . ••i s• .,4^ ,71 - "-4,r 4• .I, - t x' + 4• 1'44,, - . ° . r 'f;!'1,:,. ; 11,'. :, tv i °!" � k'ggl t 3� i -,, f !'44- 4.4;*' i* ' e+ Ti:s F'. ''''�w iry 1 r ,: a { w A �yP syY�p' Y ++{ Nt „+ 'i'¥i7 � �'t3 '..Q .lY. jA`, k ', ";�' ,t'" y { I i -4. � n 3 t 1.,: lad" ,, i t 'b7.i. Hello