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Home My WebLink About800706.tiff i 3 FES TLLT!0', WELD CDU TY PLANNIC C0VI _SI0IL Date October 21, 1980 Case No. SUP n 441:80:31 APPLICATION OF Weld County ADDRESS 915 10th Street, Greeley, CO 80631 Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Co mission: Be it Resolved �y the Weld County Planning Co-anission that the application for site approval of Sand and Gravel Pit covering the following d3scribed property in Weld County, Colorado, to-wit: (see attached) w/Operations Standards be (granted) xdinflzin 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 under consideration 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. It is the opinion of the Planning Commission that the gravel operation as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. 3. It is the opinion of the Planning Commission that this proposed operation is in compliance with the provision of Section 3.3.E.2. and 6.1. (3.) of the Weld County Zoning Resolution. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses Motion seconded by Fred Otis Vote: For Passage Jerry Kiefer Against Passage Wilbur Wafel Bob Halleran Bob Ehrlich Fred Otis Don Billings Bette Kountz Chuck Carlson The Chairman declared the Resolution passed. CERTIFICATION OF COPY I, Dianne J. Reed , 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 21, 1980 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 23rd day of October , 19 8.0 /2 Secretary Operations Standards Weld County SUP-441:80:31 Page 2 11. All phases of the operation shall comply with the requirements of the Colorado Mined Land Reclamation Act and other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 12. The owner and/or operator shall submit to the Weld County Department of Planning Services copies of any technical revisions, amendments, or annual reports sub- mitted under the terms of the permit conditions for the Colorado Mined Land Reclamation Board. 13. A gravel processing plant for crushing and sizing may be allowed on the site. 14. Screening mounds, stockpiles, dikes, berms and other features should not obstruct the passage of 100-year flood flows to the point that it creates any adverse effects on others. 15. Any fuel tanks, septic tanks and other items which might wash away during flooding should be located outside the 100-year floodplain or adequately floodproofed to avoid the creation of any hazardous conditions. 16. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regulations. Any material deviations fran the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Carmission r before such changes fran the plans and/or Operations Standards shall be permitted. Any other changes fran the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. CAC/dr 10/23/80 Planning Commission RE mendation Weld County SUP-441;80:31 Page 2 of the referral entities which have reviewed this request. The Planning Commissions recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use 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 of those matters outlined in the Operations Standards. 3. The Operations Standards being placed on the Special Use Permit plat. The Special Use Permit plat shall be delivered to the Department of Planning Services. 4. The applicant identifying the 100 year floodplain boundaries on the plat prior to recording the Special Use Permit plat. 5. The operator will use Road 9 3/4 to Road 24 as the route to haul the gravel, and place a stop sign on the property. 6. The County will increase the leval of maintenance to compensate the road damage being caused during hauling operations. 7. Weld County will notify, by mail, adjacent land owners that problems may be referred to the Weld County Engineer, P. O. Box 758, Greeley, CO 80631, Phone 356-4000, Ext. 750. 8. Weld County shall apply for and obtain a well permit as required by the Colorado Division of Water Resources in its letter dated September 25, 1980 subsequent to approval by the Mined Land Reclamation Board. CAC/dr 10/23/80 OPERATIONS STANDARDS Weld County SUP-441:80:31 1. The uses permitted shall be the extration of sand and gravel as described in Hokestra Sand and Gravel Mining Operation, Weld County, Colorado by Western Technical Services, Inc. dated July 22, 1980 and the submitted application materials. Said document is on file with the Weld County Department of Planning Services. In addition all uses permitted by right in the Agricultural Zone District of the Weld County Zoning Resolution shall be allowed. 2. No excavation or processing of sand and gravel shall be permitted nearer than 10 feat to the boundary of adjacent property, easement, or 50 feat from any irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence unless by written agreement the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves a lesser distance. 3. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public and private emergency, or to make necessary re- pairs to equipment. This restriction shall not apply to operation of admin- istrative and executive offices or repair facilities located on the property. 4. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 5. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented if necessary, to reduce noise, dust, and erosion. 6. Insofar as practicable, all means of access to the property from any street shall be located and designed as to avoid the routing of vehicles to and fran the property over streets that primarily serve residential development. 7. The County shall provide suitable dust control treatment on the mining site during excavation and on unpaved routes during periods of hauling operations. Suitable treatments may include but are not limited to the following: liquid asphalt, used crank case oil, chemical suppresants, wetting, vehicle speed control. 8. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100,000.00 against liability for any negligent act or omission by the operator fran the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel pit and all activities connected with or incidental thereto. 9. All phases of the sand and gravel operation shall comply with all applicable County, State and Federal Health Standards and Regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 10. No diking or berning shall be allowed on the Special Use Permit area which would cause damage to adjacent properties or ditch right-of-way by altering the historic drainage pattern. Weld County SUP-441:80:31 COMMENTS: 1. To date our office has received nine letters in opposition to this request for an open cut mine permit for the extraction of sand and gravel. Copies of the letters are included in the attached materials. 2. The Colorado Division of Water Resources has recommended that a water augmentation plan be approved prior to the County's approval of the Special Use Permit. Colorado Statute places jurisdiction over the matter in the Division of Water Resources, State Engineer's Office and Division Water Court. It is felt that consideration of factors relating to a water augmentation plan would be inappropriate in the current application. CAC/dr 10/20/80 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date October 7, 1980 Case No. SUP# 331:80:31 — APPLICATION OF Weld County ADDRESS 915 10th Street, Greeley, CO 80631 Moved by Bob Ehrlich 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 appli- cation for site approval of Open Cut Mining - Sand & Gravekovering the following described property in Weld County, Colorado, to-wit: W1/2 NEk Section 2, T2N, R68W7 SWk SEk and N1/2 SE n Section 35, T3N, R68W; NUA SWQ Section 36, T3N, R68W continued be recommended to the Board of County Commissioners for the following reasons: It is the opinion of the Planning Commission that there is insufficient evidence available to fully evaluate this application in regard to its effect upon the immediate area, its effect upon the future development of the area, and the health, safety, and welfare of the inhabitants of the area and the County. This determination is based on the responses from the Division of Water Resources, Colorado Water Conservation Board and the surrounding property owners. The Department of Planning Services has received nine letter of objection to this request from property owners living in the area. It is the opinion of the Planning Commission that the applicant should address and/or respond to the issues raised by the Division of Water Resources in its letter dated September 25, 1980, the Colorado Water Conservation Board in its letter dated September 17, 1980, and the letters of objection from surrounding property owners. Motion seconded by Jerry Kiefer Vote: For Passage Jerry Kiefer Aga i nst Passage Wilbur Wafel Bob Halleran -fir d Otis -- — - Bette Kountz - -- Trma White - --- ---- - --- ---- - - Bob Ehrlich Chuck Carlson 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. CER;IF ICRTION OF COPY I, Dianne J. Reed , P, o in'l Secretary of the Weld County Planning Commission, do hereby certify %h.1 above and foregoing Resolution is a true copy of the Resolution of the I1inning Commission of Weld County, Color- ado, adopted on October 7, 1980 and recorded in Book No. DTI of the proceedings of the sai i laniiinn Cuttmi�5io;�. hit v ! ! h p 13th d o y of October , 1980 . Planning Commission Re....anendation SUP-441:80:31 October 7, 1980 Page 2 The Planning Commission recommends the application be continued until the next meeting scheduled for October 21, 1980, to provide time for the applicant to address the concerns posed by the different referral agencies and the surrounding property owners and secondly, to provide time for the Division of Water Resources, Colorado Water Conservation Board, and the Department of Planning Services staff to review, evaluate, and comment on the additional information which will be submitted by the applicant before a recommendation is formulated. - S_de 2 ar:-; E' - F 1 & 2 :1'77 TR: s -44: . _ :. : - _ 77:0•7, 1_ - _ 2 ;. - - 1_ _ - ,, 17.N,, -*SE;-;, - _..., - _ - pit ' s a .-•_--__ backs-2 ti old of -)-t. F.-. S_ _. <<.:_d hJe i Jam='• I.._ •_ -_ _ prIt c rich w-; 11 e i ere -,ware hues',-Ions fran the Board concerning why the County is just now applying for a permit if it has been operating for sane time. It was explairneA that the County did not need permits for such pits until 1976 and are now in the process of applying for than. Mr. Smyth explained that the County did operate in the river many years ,,go, but was not a graval pit, just i imd gravel out of the river and 1-at led it away. The first real operation here was approxirately March or April of 1979. There were questions pertaining to the County approving their own Special Use Permits. Mr. Anson explained that in this case the County is an applicant and the Planning Commission and/or the Board of County Commissioners are required to use standards as for any other public entity that apply for a permit. Mr. Anson stated that this is provided by state statute. Mr. Smyth presented the County's response to issued raised by agencies concerning dust, road maintenance, water use, crossing the ditch, truck drivers and flood damage. There were general questions fran the Board concerning what type of trucks were used, the entrances being used to the pit and when the County does hauling. Mr. Honn read the Department of Planning Services Staff recommendation for continuation. There were questions pertaining to why the State Plater of Resources requires a well permit, the cease and desist order fran the Corps of Engineers regarding doing any work on the river bank after the flood of last May. The following surrounding property owners stated their objections to this request due to the noise, pollution, reckless driving, felt the County hasn't complied with laws, has destroyed property, children in danger, danger of flood, and broken water lines in the road fran the weight of the trucks. roads. s-,1J:Iested by the P1 an ping the County Engineering J x riri nt conduct a study on the cost of a '.ran hired to water the road verses oiling the roads, over a 13-20 car period, and a study on how nTuch each road is usnd. .,iCTIOti: It \-,-:s r,oval by Sob Ehrlich and seconded by Jerry Kiefer that this r?Tuest be cunt;n, _ until the next regularly scheduled rrcoting of October 21, 1980. Motion n carried unanirrtously with Kiefer, [a'afel, Iialleran, Otis, Ko u itz, [rite, i rl i ch and Carlson voting for and none e j a i nst. Meeting adjourned at 3:30 p.m. Respectfully suhnitted, • fi-e,j_./ Dianne J. Reed Secretary -- ri: i r of a parcel of -land cor:ronl J known as , ""el c' County Ho'kestra Gravel 4 _ fated in the !P, of the NE', of Section 2, Township 2 North and the SW', of the SE't 01(ar a ': , of the SE'. of Section 35, Township 3 North and the NI". of the S',', of Section 36, Township 3 North, all being in Range 68 'test of the Sixth Principal reridian, J veld county, Colorado; 41 Eeginninq at Center Quarter Corner of said Section 2, which is a "1o. 5 Bar with an r0 , a 'num cap stamped LS 10385; (� l -,en‘ e North 00°42 '00" East along the North-South Center Line of Section 2 for a dis- . ,r-e of 2€04.70 feet to the Northwest Corner of said �;' of the NE', of Section 2, • a ' c. Bar with an aluminum cap stamped LS 1^385; -.._e North nn034 '29" gest along the North-South renter Line of said Section 35, - --,t ; feet to the Center Quarter Corner of said Section 35, being a No. 5 Bar with : ' urinum cap stamped LS 10385; -. e -ce •,orth 89°23 '30" East along the East-'Vest Center Line of said Section 35, _ ^t feet to the Pa Corner of said Section 35, and also being the '!'a Corner of E _inn 3E , and also being a No. 5 Bar with an aluminum cap stamped LS 10385; e • crth 88°36'14" East along the East-gest Center Line of said Section 3F, 1321 .91 • • • tt t' P Northeast Corner of said N"', of the S'''., of Section 36, being a No. 5 Bar n •• ) d' uP'i num cap stamped LS 10385; r h 00°11 ' 33" East along the Easterly Boundary of said N'P, of the SW'4 of Sec- , , • 1 , 1 :3f .94 feet to the Southeast Corner of said N'", of the SJ', of Section 36, • • • • :1. 5 Bar with an aluminum cap stamped LS 103L;5; • • • t, Jth ;'i°28'5E" 'Jest along the Southerly `boundary of said N'1', of the Sl", of • • r 3; , 1323.25 feet to the Southwest Corner of said IP": of the Sd'., of Section •t 'r; a No. 4 Bar with an aluminum cap stamped LS 11415; _nu_h CN°22'07" "est along the Southerly Boundary of said N'4 of the SE , of Sec- . A, 1312.51 feet to the Center One-sixteenth Corner of said SP, of Section 35. • * . d '!o. P Bar with an aluminum cap stamped LS 11415; '• • • �e South 00°21 '24" East along the North-South Center Line of said SR of Section :• . ' ; ,c .?9 feet to the South One-Sixteenth Corner of said SF', of Section 35, being a . r Fr with an aluminum cap stamped LS 11415; '1^°50' 30" West along the Easterly Boundary of said W!7 of the NE', of Sec- t23.35 feet to the Southeast Corner of said W'j of the NE'-., of Section 2, bein') with an aluminum cap; • • • • ".• P,Z'•50.27" West along the Southerly Boundary of said W'. of the NE', of Sec- t • • .E4 feet to tF'eCenter Quarter Corner of said Section 2 and the Point of Be- . • a 'ic. 5 Bar with an altr^ inu-n cap stamped LS 10385; '_ ` `• • ,r!'•u ccisists of 23 .P67 acres, ^core or less. 1 1 f w* r� cj!gr� r; �� t 'a'mM �.` . . !Jrr'E-ri1' .r t"`e= St' to of : ;c ' ' . ,e : ✓ ^L•'! a � •• �� •►,� t1 ds••�•J� oF';a!'F`..�'' �F'� uj t • i•��r h?S • } r f r u•+ * + •,r F r� � �_ ,.• •_- -� __. . *. ' s' r c• � = �. ..e4�r..s :''..� ; ,� ern ac...311t erst a d I)ate : ::tober 12, 1980 CASE NUMBER: SUP-441:80:31 N A1d E: Weld County REQUEST: Open Cut Mining Permit (Hokestra Pit) LEGAL DESCRIPTION: Wz NEa Sec. 2, T2N, R68W; SWa SEA & N2 SEa Sec. 35, T3N, R68W; NWT SWQ Sec. 36, T3N, R68W LOCATION: 3/4 mile east and 1/2 mile north of Del Camino THE DEPARTMENT OF PLANNING SERVICES 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 Extranction Plan, Mineral Resources, Volume II. The area under consideration is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource con- servation areas as long as appropriate extraction standards are followed. 2. It is the opinion of the Department of Planning Services Staff that the gravel operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. 3. It is the opinion of the DepaLliuent of Planning Services Staff that this proposed operation is in compliance with the provisions of Section 3.3.E.2. and 6.1. (3.) of the Weld County Zoning Resolution. • These determinations are based, in part, upon a review of the information suhnitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services Staff recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use 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 of those matters outlined in the Operations Standards. 3. The Operations Standards being placed on the Special Use Permit plat. The Special Use Permit plat shall be delivered to the Department of Planning Services. 4. The applicant identifying the 100 year floodplain boundaries on the plat prior Department of Planninc rvices Recommendation Weld County SUP-441:80:31 Page 2 to recording the Special Use Permit plat. 5. During hauling operations truck drivers will be instructed to use specific haul routes and to obey posted speed limits. 6. The County will increase the level of maintenance to compensate the road damage being caused during hauling operations. 7. Weld County will notify, by mail, adjacent land owners that problems may be referred to the Weld County Engineer, P. O. Box 758, Greeley, Colorado 80631, Phone 356-4000, Ext. 750. 8. Weld County shall apply for and obtain a well permit as required by the Colorado Division of Water Resources in its letter dated September 25, 1980 subsequent to approval by the Mined Land Reclamation Board. CAC/dr 10/20/80 OPERATIONS STANDARDS Weld County SUP-441:80:31 1. The uses permitted shall be the extration of sand and gravel as described in Hokestra Sand and Gravel Mining Operation, Weld County, Colorado by Western Technical Services, Inc. dated July 22, 1980 and the submitted application materials. Said document is on file with the Weld County Department of Planning Services. In addition all uses permitted by right in the Agricultural Zone District of the Weld County Zoning Resolution shall be allowed. 2. No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, easement, or 50 feet from any irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence unless by written agreement the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves a lesser distance. 3. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public and private emergency, or to make necessary re- pairs to equipment. This restriction shall not apply to operation of admin- istrative and executive offices or repair facilities located on the property. 4. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 5. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented if necessary, to reduce noise, dust, and erosion. 6. Insofar as practicable, all means of access to the property from any street shall be located and designed as to avoid the routing of vehicles to and from the property over streets that primarily serve residential development. 7. The County shall provide suitable dust control treatment on the mining site during excavation and on unpaved routes during periods of hauling operations. Suitable treatments may include but are not limited to the following: liquid asphalt, used crank case oil, chemical suppresants, wetting, vehicle speed control. 8. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100,000.00 against liability for any negligent act or mission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel pit and all activities connected with or incidental thereto. 9. All phases of the sand and gravel operation shall comply with all applicable County, State and Federal Health Standards and Regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 10. No diking or berming shall be allowed on the Special Use Permit area which would cause damage to adjacent properties or ditch right-of-way by altering the historic drainage pattern. Operations Standards Weld County SUP-441:80:31 Page 2 11. All phases of the operation shall comply with the requirements of the Colorado Mined Land Reclamation Act and other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 12. The owner and/or operator shall submit to the Weld County Department of Planning Services copies of any technical revisions, amendments, or annual reports sub- mitted under the terms of the permit conditions for the Colorado Mined Land Reclamation Board. 13. A gravel processing plant for crushing and sizing may be allowed on the site. 14. Screening mounds, stockpiles, dikes, berms and other features should not obstruct the passage of 100-year flood flows to the point that it creates any adverse effects on others. 15. Any fuel tanks, septic tanks and other items which might wash away during flooding should be located outside the 100-year floodplain or adequately floodproofed to avoid the creation of any hazardous conditions. 16. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operations Standards shall be permitted. Any other changes from the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. 17. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operations Standards. Nonconyliance with any of the above stated Operations Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. CAC/dr 10/20/80 Weld County SUP-441:80:31 COMMENTS: 1. To date our office has received nine letters in opposition to this request for an open cut mine permit for the extraction of sand and gravel. Copies of the letters are included in the attached materials. 2. The Colorado Division of Water Resources has recommended that a water augmentation plan be approved prior to the County's approval of the Special Use Permit. Colorado Statute places jurisdiction over the matter in the Division of Water Resources, State Engineer's Office and Division Water Court. It is felt that consideration of factors relating to a water augmentation plan would be inappropriate in the current application. CAC/dr 10/20/80 k Date : d Der 7, 1980 — C'�SE NU:.r.EER: SUP-441:80:31 NAME: Weld County (Hokestra Pit) REQUEST: Open Cut Mining Permit - Sand and Gravel LEGAL DESCRIPTION: W2 NE Section 2, T2N, R68W; SW SEA & N1 SEA Section 35, T3N, R68W; NWT SW14 Section 36, T3N, R68W LOCATION: 3/4 mile east and 1/2 mile north of Del Camino THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS 'THAT THIS REQUEST BE continued FOR THE FOLLOWING REASONS : It is the opinion of the Department of Planning Services staff that there is insufficient evidence available to fully evaluate this application in regard to its effect upon the immediate area, its effect upon the future development of the - area, and the health, safety, and welfare of the inhabitants of the area and the County. This determination is based on the responses from the Division of Water i Resources, Colorado Water Conservation Board and the surrounding property owners. Our office has received nine letters of objection to this request from property owners living in the area. It is the opinion of the Department of Planning Services staff that the applicant should address and/or respond to the issues raised by the Division of Water Resources in its letter dated September 25, 1980, the Colorado Water Conservation Board in its letter dated September 17, 1980, and the letters of •objection from surrounding property owners. The Department of Planning Services recommends the application be continued until the Planning Commission meeting scheduled for October 21, 1980, to provide time for the applicant .to address the concerns posed by the different referral agencies and the surrounding property owners and secondly, to provide time for the Division of Water Resources, Colorado Water Conservation Board, and the Department of Planning Services staff to review, evaluate, and comment on the additional information which will be submitted by the applicant before a recommendation is formulated. DEPARTMENT OF ENGINEERING 750 PHONE(303) 356-4000 EXT. 7 P.O.BOX 758 GREELEY,COLORADO 80631 f FT]rj O COLOBAD October 20, 1980 Mr. D. Randolph Seaholm Colorado Water Conservation Board 823 State Centennial Building 1313 Sherman Strcct Denver, Colorado 80203 Dear Mr. Seaholm: This is in response to your letter of September 17, 1980, regarding your review of Weld County's Hokestra Pit Open Cut Mining Permit. With the cooperation of your office and the U.S. Army Corps of Engineer's, we have acquired information from the Corps' "Floodplain Information, St. Vrain Creek, Boulder Creek, and Idaho Crock, Weld County, Colorado", study that has not boon published. We have examined cross-sections SV35 and SV36 along with the Flood Profile and are now able to respond to your recommendations as follows: Item A. Two stock piles will be placed parallel to the river during Phase I. They would be approximately 100 feet wide at the base and in an average of 2 feet of water during the 100 year flood. They would therefore displace 400 square feet of flow area. The flood plain width at SV35 between the Last Chance Ditch and the northern bluffs is approx- imately 1,750. The 100 year water surface would therefore have to increase 0.15 feet or 1 3/4 inches to compensate for the two stock piles. That rise will not extend the flood plain past its existing position or cause adverse effects on others. No screening mounds will be placed in the flood plain. Item B. It will not be possible to kccp the crusher out of the flood plain. However, any permanent storage of fuel will be done out of the 100 year flood plain. Item C. The 100 year flood plain will be put on the application drawings. Zee>, If you have any questions, please contact ire at our office. c+ Sincerely, OCT 8880 `o) Drew L. Scheltinga - Eginccring Manager DLS:sad - CC: Chuck Cunliffe .001)1 COLD-RA ® October 15, 1980 Richard Leffler Western Techical Services, Inc. Consulting Engineers Greeley, CO 80631 RE: Hokestra Sand and Gravel Pit Dear Mr. Leffler: In response to your recent inquiry regarding the Hokestra Pit in part of Section 2, T2N, R68W and parts of Sections 35 and 36 both in T3N, R68W the status is as follows: The property in question is in the "A" Agricultural District and as such is eligible for mining activity. Furthenrore, the area in question is in the Resource Conservation Area in which mining is encouraged. The County's Planning Cozrmission is scheduled to review the Hokestra permit application on October 21, 1980. Open cut mining operations are reviewed as Special Use Permits. The review requirements ask that a Special Use be reviewed for compatibility with the area, harmony with neighborhood character and existing agricultural uses, need for the use, its effect on the area and future growth of the area, and the health, safety and welfare of the inhabitants of the area and County. If you have further questions, please feel free to contact me. ry y yours, Y.41-4 Thomas E. Honn Zoning Administrator TEH/dr • ' .. .= Jug ..._ emu• _ EE- GR EELEv,COLDR 4D: 80631 A4Pikt- September 5, 1980 APV:, • COLORADO Mr. Wayne Smyth Weld County Engineering Department 915 10th Street Greeley, Colorado 80631 Re: Request for a Special Use Permit for an Open Cut Mining Permit for sand and gravel on a parcel of land described as the Wz NE14, Section 2, T2N, R68W, the SW4 SE4 and Nz SE4, Section 35, T3N, R68W and the NW4 SW4, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colo. Dear Wayne: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, October 7, 1980, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to make your presentation on your request and be available to answer any questions the Planning Commission members might have with respect to your application. If you have any questions concerning this matter, please feel free to contact me. Respectfully, Chuck Cunliffe Assistant Zoning Administrator CC:rg cc: Drew Scheltinga • kill, i Lid ‘,gax .Y� DEPARTMENT OF THE ARMY `1�,_ OMAHA DISTRICT CORPS OF ENGINEERS g - 6014 U S POST OFFICE AND COURTHOUSE •�'weo"• �'"• C'MAEiA NEBRASKA 68102 ,-- REPLY TO ATTENTION! OF Permits Branch PO Box 5, Omaha, NE 68101 CERTIFIED MAIL - RETURN RECEIPT REQUESTED `d?OOP-N 0 5 AUG 1980 Board of Commissioners Weld County PO Box 758 • Greeley, CO 30632 Gentlemen: It has been brought to my attention that Weld County has been using a bull- dozer 4.n the St. Vrain River to push (dredge) streambed material from the Channel up against the banks. The site is located in Section 35, Township 2 North, Range 68 West, Weld County, Colorado. In accordance with regulations pursuant to Section 404 of'the Clean Water A-ct, any work involving the discharge of dredged or fill material into streams, rivers, lakes, and wetlands requires Department of the Army authorization prior to start of work. Oar records do not indicate that the above activity was authorized, there- fcr , it was done in apparent violation of the Act and all persons respon- sible for and/or involved are subject to enforcement procedures. Accordingly, you are hereby directed to cease and desist any further dredging or filling avt_.vIty in the waterway. This order shall remain in effect until you are nctified otherwise by this office. i'c;, :la*_ions require that all unauthorized activities brought to my attention are Investigated, this includes solic ting the views of the Environmental rr `ection Agency, the US Fish and Wi_dlife Service, and other appropriate FL.Jeral, State, and local agencies. .he information and views developed 3h..rin; this investigation will be evaluated in conjunction with prescribed critoria and guidelines to determine the appropriate legal and/or administra- tive action to take in resolving this matter. In addition, any further information you wish to be given consideration should be submitted in writing to the Chief, Regulatory Functions Branch, Operations Division, at the above c-1,3,---s,3 within 15 days from receipt of this letter. • i 4 c,f Commissioners I 5 AUG 1980 1 li_cation for a permit has been received but cannot be submitted for _ .ing until all legal matters are resolved. A:',y ,x'- tions of a legal nature regarding this matter should be directed to :I r. :I :heel Reilly, Office of Counsel, telephone (402) 221-4059. Any other L, -�t1Dns should be directed to Mr. Ralph Miller, Chief, Regulatory Functions `r u-:h, telephone number (4(32) 221-4133. Sincerely, V. D. STIPO Colonel, Corps of Engineers District Engineer , - _ % Corson :r.l Blvd. :0 80219 v �. 441. FIELD CHECK FILING NUMBER: SUP 441 DATE OF INSPECTION: 9-5-$0 NAME: Weld County REQUEST: Gravel Pit LEGAL DESCRIPTION: W2 1/4 1 1 1 , NASA Sec 36 T3N, R68W, 239.86 acres LAND USE: N Agricultural E Agricultural S Agricultural W Agricultural . ZONING: N Agriculture LOCATION: 1 mile east and z mile north of E Agriculture Del Camino S Agriculture - W Agriculture COMMENTS: - Access to gravel pits is along a gravel road following the line of County Road 9 3/4. The gravel road appears to pass through the Dombrowsx property. Gravel pits have been operating. Co Rd 24 3/4 (gravel surface) passes by 4 residences. There is one house adjacent to the gravel operations. There are two dairies on County Rd 11 4 with 3 residences. BY: \l�c\4..3L 1�CO Q paf i:k' 9-8-80 it irr PEUMIT FLOW SHEET - • k APPLICANT: %ie.\ C.0 CASE N . 44'!to..s\ REQUEST: C1101" 4) I. LEGAL: 4WD Sie 'U' hill- Sew lig-s-Vt" N W SW 1ste - 3 - 4•B '1,� i 1 LOCATION: `/q NA%\e.. t. Y'. 'M%\-00 k1esr�\-% bek C.0.w,v DATE BY Application Received Application Fee - Receipt # Recording Fee �1 Application Complete SEp aal C004.0. P.C. Hearing Date: OCT 7 ��E0 SEP 5 80 CAed Letter to Applicant Drafted SEP 3 MB C.o.C.. Referrals Listed SEP 5 ¶9M0 a80Field Check by D.P.S . Staff File Assembled 9- Yy‘ Referrals Mailed 9 - Chaindexed °1-S -VO to gl Notification of Applicant q -S-$a rg Surrounding Property Owners Researched °1- lo- r30 146 Airphoto/Vicinity Map Preapred Q1 - to- hS Property Owners Notified by : S912151 2 1°g0 9 - 1 2.- so Jyrct Agendas Mailed by: TAP 3 0 1000 �1 1 Legal Approved by County Attorney Referrals - Complete ��► � OCT 6 Ig1�" (lit/ Preliminary D.P.S . Staff Comments CCT 2 n Staff Conference (Nf� 2 C �1 0CT 20 'L°a2 aptD.P.S. Comments �;T 6 "' P.C. Hearing Action : /0` .9/—t(C) `J P.C. Resolution 7o 3—P G Case Sent to Clerk to Board C.C. 1Iearing,6 --`7- .;Action IO-// ;y' \\-\N: C.C. Resolution Received N' A' FEB 1 0 is " e0e_ History Card Complete ` C.C. Resolution Sent to Drafting Drafted on Mylar Y J /7'-8/• Document Sent to Clerk and Recorder VLa 10 '' 0A-Co✓ P.C. Minutes WELD COUNT1 , COLORATJO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits , etc . ) Weld County Planning Commission 915 - 10th Street , Greeley, CO For ZONING DEPARTMENT Use Only Case Number : 5uP-44t 024. 31 Applicant : \Neoka 408kAyis 1' ) PC Hearing Date : CC Hearing Date : Section : , Township : North, Range : West Zoning District : licstmulAuln,04 Acreage Invol ed : Permit Fee : 546 V1.6 Receipt Number : Legal Description Approved By , Weld County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved By , Weld County Engineer Recommended Road/Bridge Fee : /Not Required Refer to : 1 ) Date : 2 ) Date : 3 ) Date : 4 ) Date : 5 ) Date : Application Reviewed By � Weld County Zoning Department To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut r-RAVEL (gravel , coal , borrow pit , etc . ) mining operation for the following described unincorporated area of Weld County : LEGAL DESCRIPTION: The West Half of the Northeast Quarter of Section Two, Township Two North, Range _ Sixty-eight West of the Sixth Principal Meridian , and the Southwest Quarter of the Southeast Quarter and the North Half of the Southeast Quarter of Section Thirty- Five, Township Three North, Range Sixty-eight West of the Sixth Principal ,Meridian, and the Northwest Quarter of the Southwest Quarter of Section Thirty-six, Township Three North, Ra ge Sixty-eight West of the Sixth Principal Meridian, all in Weld County, Colorado. TOTAL ACREAGE : 239,86 ± 2 . Surface owner( s) of area of land described Name: Thomas Cowan and Edward Brown, 105 Bridge Street, Brighton, CO 80601 Name: 3 . Owner(s) of mineral rights to substance to be mined Name: ThQmds Cowan and Edward Brown, 105 Bridge Street? Brighton, CO 80601 Name: Harold Baumgartner, Post °fcice Box 8, Brighton, CO 80601 4 . Source of applicants Legal Right to enter and to mine on the land described : Peed, Lease Attached (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and geri':ra1 office Applicants address : P.O. Box 758. Greeley_ CO Phone : 356-4000 Ext. 750 General Office address : P,0, Box 758, Greeley, CO Phone : 356-4000 Ext. 750 6. Identify any prior permits for open cut mining held by applicant or affiliated person : Two small parcels of Koenig Pit, east of Weld County Road 25 a 7. Description of Operation a. Types and number of operating and processing equipment to be employed : fine dragline, one dozer, one scaper, three crushers, two loaders (numberous trucks will haul sand and gravel from the site) b. Maximum number of employees : 10 , and number of shifts : 1 c. Number of stages to be worked: 4 , and periods of time each is to be worked : Stage I - 7 years; Stage I1 - 9 years: Stage III - 7 years, Stage IV - 12 years. d. Thickness of mineral deposit : 12 feet , and thickness of the overburden : 3 feet e. This will be a wet/xo7 pit operation Wet Operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point( s) (must ) be coor— dinated with County Engineer) : Numerous county roads and bridges will be utilized during transport of sand and gravel to various road con- struction and maintenance projects. Site entrance/exit points will be determined by the County Engineer. 8 . Description of Rehabilitation Conservation/Wildlife a. Proposed rehabilitation land use(s) : habitat b . Source of technical advice for reclamation : Soil Conservation Service; Colorado Division of Wildlife; Western Tech.nial Services . Inc. c. Explanation of Reclamation Process : Refer to attached pages. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or con- tained within this application are true and correct to the best of my knowledge. COUNTY OF / STATE OF (. 6.--6)f Signature :Owner/Authori, d Agent Subscribed and sworn to before- me this day o!,,„--/' T( l9 / C /,k-LL1,t- - '< , _(��__A- Cti SEAL --NO -ARY UBLIC • 0\ My Commission expires )- 2= - -)� its SEp ac r; .C. "tfr .s, - // ..�r;tie.. ;,, lL: SPECIAL USE APPLICATION for OPEN CUT MINE PERMIT 8c. Types of Reclamation The operator proposes to reclaim the land for wildlife habitat because of its proximity to St. Vrain Creek and a natural wildlife habitat with- in and adjacent to the permit area. In addition, because of the location in the floodplain, the pits will be "wet" . One area has been previously mined and the spring months high water level is approximately 3 to 5 feet below the existing ground elevation. The entire acreage will accord to fish and water fowl habitat, along with small game animals. Each of the areas where open pit mining has and will occur will require no vegetation stripping operations. All that will be required will be excavation of topsoil and overburden, roughly 2 to 3 feet. This mater- ial will be used to form screening mounds along the periphery. These • mounds can serve several purposes : screen views of objectionable opera- tions , reduce noise and dust problems and provide buffer areas for reveg- etation between county roads and water habitats. Scrapers can be used for most of the excavation of overburden. Draglines or backhoes will remove overburden which perhaps is too wet for scaper op- erations. Dragline operations will be necessary for actual mining of the sand and gravel deposits. Bulldozers will be utilized to shape and form the screening mounds. Land Use Comparisons The proposed mining operations and all adjacent lands are located in the St. Vrain Creek floodplain as well as an aquifer recharge area. The pres- ent land uses are agricultural and conservation or wildlife habitat. The proposed post-mining land use of wildlife habitat, therefore, will cause no conflicts with adopted state and local land use plans . i` 6, v October 17, 1980 HOKESTRA GRAVEL PIT WELD COUNTY, COLORADO COMPARATIVE ECONOMIC ANALYSIS FOR HAULING ALTERNATIVES ALTERNATIVE #1 Water all three haul roads three tines daily One - 4,000 gallon tanker, 40 mi./day @$0.88/mile $ 35.00 One - Driver, 8 hours @$10.00/hour $ 80.00 One - Purrp, 8 hours @$ 9.29/hour $ 75.00 $190.00/day Assume watering 50 days X $190.00 = $9,500.00/year ALTERNATIVE #2 Water Weld County Road 9 3/4 and use only Weld County Road 24, 40 round trips increased by 2.5 miles each. Watering $100.00 40 - Round trips X 2.5 miles X $0.92/mile $ 92.00 $192.00/day Assume watering 50 days X $192.00 = $9,600.00/year NOTE: Does not take into account lost tonnage hauled due to longer round trip. ALTERNATIVE #3 Pave Weld County Road 9 3/4 and use only Weld County Road 24. 3,500 Ton Base Course @$3.50/ton $ 12,250.00 2,400 Ton Asphalt @$30.00/ton $ 72,000.00 $ 84,250.00 CR-12-20 $ 84,250 (.13338) $ 11,300.00/year Plus extra mileage - $92.00 X 50 days $ 4,600.00 $ 15,900.00/year PREPARED B • ��,,`\� ').() Wayne S. r r,?..\ Weld County Engineer OCT 198 RECEIVE® PROPOSED OPERATIONS STANDARDS 1. The County will provide suitable dust control treatment on the mining site during excavation and on unpaved routes during periods of hauling operations. Suitable treatments may include but are not limited to the following: liquid asphalt, used crank case oil , chemical suppresants, wetting, vehicle speed control. 2. During hauling operations truck drivers will be instructed to use specific haul routes and to obey posted speed limits. 3. The County will increase the level of maintenance to compensate for road damage being caused during hauling operations. 4. Weld County will notify, by mail, adjacent land owners that problems may be referred to the Weld County Engineer, P.O. Box 758, Greeley, Colorado 80631, Phone 356-4000 Ext. 750. A 0" �r p� 1 C1yg° . \I HOKESTRA SAND AND GRAVEL MINING OPERATION WELD COUNTY, COLORADO MINING AND RECLAMATION PERMIT APPLICATION Prepared for: Department of Engineering Weld County, Colorado By: Western Technical Services, Inc. Consulting Engineers Greeley, Colorado 4'ypL. (FF July 22, 1980 0� tisreRF ,�IF. . L�'YL_ � !'� 800706 TABLE OF CONTENTS EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-mining and Mining Plan Maps of Affected Lands EXHIBIT D Mining Plan A. Methods of Mining B. Earthmoving C. Water Management D. Size of Areas E. Time Tables F. Soil Profile EXHIBIT E Reclamation Plan A. Types of Reclamation B. Land Use Comparisons C. Implementation Requirements D. Relationship to Environment E. Topsoil Management Plan F. Revegetation Plan G. Time Tables H. Rehabilitation Specifications EXHIBIT F Reclamation Plan Map EXHIBIT C Water Information A. Identification of Water Systems B. Water Quality Management Plan C. Project Water Requirements D. Water Rights and Sources E. NPDES Permit EXHIBIT H Wildlife Information A. Significant Wildlife Resources B. Seasonal Use C. Threatened or Endangered Species D. Effects on Wildlife EXHIBIT I Soil Information A. Type, Thickness, Distribution B. Suitability for Plant Growth EXHIBIT J Vegetation Information A. Vegetation Types B. Crop Production C. Relationship to Soil Types EXHIBIT K Climate A. Seasonal Precipitation B. Temperature Ranges EXHIBIT L Reclamation Costs EXHIBIT M Local Government Approval EXHIBIT N Other Permits or Licenses EXHIBIT 0 Source of Legal Right to Enter EXHIBIT P Owners of Record of Affected Land and Substance to be Mined EXHIBIT A LEGAL DESCRIPTION The West of the Northeast 4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , and the Southwest 14 of the Southeast < and the North z of the Southeast a of Section 35, Township 3 North, Range 68 West of the 6th P.M. , and the Northwest 4 of the Southwest 4 of Section 36, Township 3 North, Range 68 West of the 6th P.M. , all in Weld County, Colorado, TOGETHER WITH two (2) shares of the capital stock of the Rural Ditch Company and any and all other water of record pertaining to said property, TOGETHER with mineral rights pertaining to said property to the extent of all oil , gas , and related hydrocarbons and rights inherit therewith being retained by Grantors and all other mineral rights being hereby conveyed to Grantee. Above-mentioned water including but not limited to four (4) shares of the capital stock of Hay Seed - Ditch Company. EXHIBIT B INDEX MAP The INDEX MAP contained in this application is located in the upper, right- - hand corner of the sheet displaying, the "PRE-MINING PLAN MAP" . It shows the regional location of the affected land and all roads and other access to the .area. The INDEX MAP was reproduced from a standard U.S. Geological Survey topo- graphical quadrangle. EXHIBIT C PRE-MINING AND MINING PLAN MAPS OF AFFECTED AREA The PRE-MINING PLAN MAPS portray the following information: a. All immediately adjacent surface owners. b. The names and locations of all creeks, roads, buildings , oil and gas wells and lines, and power and communication lines on the af- fected land and within 200 feet of all boundaries. c. The existing topography with contour lines of sufficient detail to show the direction and rate of slope of the land. d. The total area to be involved in the operation. e. The type of present vegetation covering the affected lands. f. Water resources information. g. Soils information The MINING PLAN MAP portrays the following information: a. Size of area to be worked at any one time. b. Sequence in which each stage of the operation will be carried out. c. Water diversion and impoundment. d. Mining method sketches. EXHIBIT D MINING PLAN A. Methods of Mining Prior to extraction of the sand and gravel in each of the four stages of mining, topsoil and overburden (averaging three-foot depth) will be re- moved by scrapers. This material will be used to construct screening mounds along the perimeter of the property, to construct a suitable dike along the south edge of St. Vrain Creek, and to construct access and circulation road- -- ways. The screening mounds will also serve as topsoil and overburden stock- piles for later distribution during reclamation activities. In addition, it has been estimated by County personnel that as much as one-third of the crushed sand and gravel will be "fines" and will remain at the site. This material will be stockpiled and/or distributed appropriately for reclamation purposes. • The County will use a dragline to remove the sand and gravel to an average depth of 15 feet below the present land surface (three feet of over- burden and 12 feet of material ) . Because of the close proximity to St. Vrain Creek and because of the existence of the alluvial aquifer, much of the sand and gravel will be saturated with water. Therefore, the operators will stock- pile the excavated material and allow it to drain prior to crushing and/or transport from the area. As this material is removed, excavation by the dragline will resume. B. Earthmoving Earthmoving will be accomplished by several different machines, each for different purposes. A scraper will be used to strip topsoil and overr burden and to relocate it to screening mounds and stockpile areas. A dozer will aid in clearing operations where necessary, will serve to relocate small trees, and will be used for moving sand and gravel stockpiles. The permit area is divided into four stages for mining operations. The Stage I area is located immediately south of St. Vrain Creek and con- tains 35 - 40 acres. Based on an average sand and gravel deposit thickness of 12 feet, there is approximately 720,000 cubic yards or 1 .3 million tons of material . Operations are expected to proceed at an annual extraction rate of 200,000 tons. The resulting lifetime for Stage I is about seven years. The following table summarizes this information for Stage I and the other three stages: STAGE I STAGE II STAGE III STAGE IV Area, acres 37 47 27 66 Overburden, cubic yards 180,000 226,700 177,200 317,800 Deposit, cubic yards 720,000 906,700 708,900 1 ,271 ,100 (Tons) (1 ,300,000) (1 ,650,200) (1 ,290,200) (2,313,400) Lifetime, years 7 9 7 12 NOTES: Density of sand and gravel is approximately 135 pound/cubic foot. The County anticipates to remove 200,000 tons per year. C. Water Management There will be no water diversion or impoundment structures necessary for this operation. The excavated areas will fill with groundwater, collect water which drains from the excavated material and collect storm water runoff. A dike will be constructed along the south edge of St. Vrain Creek to keep high waters from encroaching upon the permit area. D. Size of Areas (i ) Major disturbance - If extraction occurs at a rate of 200,000 tons per year, about five acres will be mixed each year. Therefore, it is anticipated that approximately five acres at a time will be stripped of topsoil and overburden each year. (ii ) Moderate disturbance - Five to ten acres will be devoted to storage and equipment areas, roadways, and overburden areas. The ponds will grow in total acreage by about five acres or less per year. (iii ) Minor disturbance - Screening mounds which serve to stockpile over- - burden and topsoil will be temporarily revegetated with grasses to avoid erosion problems. The completed areas between ponds and the river will also be revegetated. The area of minor disturbance will be less than five acres per year. E. Time Tables The following table illustrates mining and reclamation timing for the four stages of mining in years: STAGE I STAGE II STAGE III STAGE IV Mining 1 - 7 8 - 16 17 - 23 24 - 35 Reclamation 2 - 8 9 - 17 18 - 24 25 - 36 EXHIBIT E RECLAMATION PLAN A. Types of Reclamation The operator proposes to reclaim the land for wildlife habitat be- cause of its proximity to St. Vrain Creek and a natural wildlife habitat within and adjacent to the permit area. In addition, because of the lo- cation in the floodplain, the pits will be "wet" . One area has been pre- viously mined and the spring months high water level is approximately 3 to 5 feet below the existing ground elevation. The entire acreage will accord to fish and water fowl habitat, along with small game animals. Each of the areas where open pit mining has and will occur will re- quire no vegetation stripping operations. All that will be required will be excavation of topsoil and overburden, roughly 2 to 3 feet. This mater- - ial will be used to form screening mounds along the periphery. These mounds can serve several purposes: screen views of objectionable opera- tions, reduce noise and dust problems and provide buffer areas for reveg- etation between county roads and water habitats. Scrapers can be used for most of the excavation of overburden. Drag- lines or backhoes will remove overburden which perhaps is too wet for scrap- er operations. Dragline operations will be necessary for actual mining of the sand and gravel deposits. Bulldozers will be utilized to shape and form the screening mounds. B. Land Use Comparisons The proposed mining operations and all adjacent lands are located in the St. Vrain Creek floodplain as well as an aquifer recharge area. The present land uses are agricultural and conservation or wildlife hab- itat. The proposed post-mining land use of wildlife habitat, therefore, will cause no conflicts with adopted state and local land use plans. C. Implementation Requirements The following is a list of applicable requirements of RULE 6 and corresponding implementation plans: 6.1 - GRADING a. Backfilling - There will be no need for backfilling. b. Erosion - The screening mounds along the periphery will be constructed with side slopes of not greater than 2: 1 and will be revegetated with properly selected grasses, shrubs, and trees to prevent erosion problems. c. Timeliness - Grading of screening mounds will take place at the very be- ginning of mining operations. d. Aesthetics and Water Pollution - There will be no refuse produced which could cause unsightliness problems, nor will there by any acid- forming or toxic materials which could pollute the surface or ground- waters. e. Auger Holes - There will be no drill or auger holes, shafts or audits to be filled and covered. f. Slopes - The outside slopes of the screening mounds will be constructed at a ratio of 2: 1 and the inside slopes above and below the water line will not be greater than 3:1 . g. Farm Machinery - The land is not to be used for agricultural purposes. 6.2 - WATER a. Hydrology and Water Quality - The mining operation will be in compli- ance with applicable water laws and regulations governing injury to existing water rights. The mining and reclamation operations will not require the use of any water, nor will the maintenance of the proposed conservation/wildlife habitat. The operation will also be in compliance with applicable federal and state water quality laws and reg- ulations. Although there are no plans to de-water the pit and discharge to "state waters" , a NPDES permit will be obtained and sufficient treat- ment of the discharge water will be performed to meet permit limitations -- (See Water Management Plan) . The operation will be in compliance with Section 404 dredge and fill regulations in that there will be no discharges of dredged or fill material into the Cache La Poudre River. There will not be any tempor- ary or large siltation structures constructed. _ b. Earth Dams - There will be no construction of earth dams for purposes of mining or reclamation of the gravel pit. 6.3 - WILDLIFE a. Safety and Protection - Any existing wildlife species which must be kept safe and protected are located on adjacent property and not on the site. No new access roads will be constructed. Although there may have been some wildlife species which used the crops as temporary cover, there will be no significant impact on wildlife. b. Habitat Management and Creation - The reclaimed site will consist of several ponds. Adjacent areas will be left in their natural state. In order to minimize the impact from traffic on the adjacent county roads, screening mounds revegetated with tress, shrubs and grasses will be con- structed. 6.4 - TOPSOILING a. Topsoil Preservation - Some topsoil will be removed to form screening mounds, negating the need for preservation. b. Trees - It will not be necessary to remove or incorporate trees. Ex- isting trees are located along the periphery of the parcel and need not be disturbed. c. Topsoil Stockpile Erosion - The screening mounds which will partly serve as stockpiles, will be revegetated immediately. d. Stockpiles Relocation - N/A e. Grading - N/A f. Other Material - N/A g. Fertilization - N/A h. Vegetative Piles - N/A 6.5 - REVEGETATION a. Self-sustaining - Native species will be used to vegetate the screening mounds. b. Trees - There should be no problem in acquiring sufficient planting stock of the desired species. c. Range - N/A d. Success - Because of the relatively small amount of proposed revegeta- tion and favorable environmental conditions, the probability of success will be high. e. Site Preparation - The screening mounds will be constructed and prepared with applicable techniques to insure a diverse and long-lasting cover. f. Weed Control - Weed control will be practiced if it is found that their existence and growth adversely affects the proposed reclamation. Nox- - ious weed species which could spread to adjacent farmland will be con- trolled. g. Roadways - N/A h. Planting Not Required - Planting will not proceed until the screening mounds are constructed to their ultimate size and shape. In addition, — planting will not be required in the areas of the permanent ponds. i . Adverse Characteristics - N/A 0. Relationship to Environment The entire area along the St. Vrain Creek consists of a natural wildlife habitat--river, ponds, ground cover, cottonwood trees. The re- claimed area will consist of exactly the same. In fact, since the ponds will increase the amount of water surface in the area, more waterfowl will be attracted to the area. The proposed ponds will not actually impound water but simply contain groundwater. The ponds will not collect runoff from surrounding areas. E. Topsoil Management Plan The topsoil management plan will consist of the following: 1 . Strip the topsoil and overburden from the area to be mined with a scraper-type machine. 2. Using the scraper, relocate the material to the perimeter of the property, particularly the west and east boundaries of State I and State II areas and the west boundary of the Stage III area. 3. Construct screening mounds as large as 20 feet high with a base width of 15 to 20 feet. Once the area is mined, material stock- piled in the screening mounds will be relocated to form dividing areas between the proposed ponds. F. Revegetation Plan Native species of trees, shrubs and grasses will provide wildlife cover and nesting areas and also reduce impacts from any traffic along the county roads. Cottonwood and willow trees are preferred and can be trans- planted from along the river channel . Planting will begin on the Stage I area when the area is mined and final locations of screening mounds, ponds, etc. , are established. Since the areas will be progressively mined in one direction, revegetation can begin as soon as the first ponds and dikes are located. EXHIBIT F RECLAMATION PLAN MAP The RECLAMATION PLAN MAP indicates the following: a. The expected physical appearance. b. Proposed topography of the area. c. Final land use of each area. EXHIBIT G WATER INFORMATION A. Identification of Water Systems The proposed operation is located in the floodplain of St. Vrain Creek. St. Vrain Creek flows through the property from west to east. Two irriga- tion canals pass through the southern portion of the permit areas; namely, Last Chance Ditch and Rural Ditch. The land is located above the St. Vrain Creek alluvial aquifer and also is in a recharge area for the aquifer and creek. B. Water Quality Management Plan The sand and gravel deposit in the alluvium contains the alluvial groundwater system. There is considerable interaction between the ground- water system and St. Vrain Creek. The previously excavated area contains approximately ten feet of water during spring and early summer months. The water level is expected to be lower during late summer and fall months. Mining will begin and has already occurred adjacent to St. Vrain Creek. These mined-out areas which will fill and already be filled with groundwater, will collect any surface water runoff which may flow across the disturbed area towards the creek. If de-watering operations are necessary only clarified water will be discharged from the pits. There will be sufficient time to settle out any solids prior to discharge. Once mining ceases and the area is reclaimed to a wildlife habitat, the ponds themselves may be classified as "state waters" . C. Project Water Requirements There will be no project water requirements for the development mining or reclamation phases, other than occasional dust control opera- tions. The amount of water needed for dust control is not expected to ex- ceed 1 ,000 gallons per week during dry conditions. By spreading recently excavated sand and gravel on haul roads, the need for dust control measures would be greatly reduced or even eliminated. • The amount of water lost through evaporation from the pond surfaces should not exceed the amount lost through evapotranspiration from agricul- tured crop production. D. Water Rights and Sources According to the recorded deed for this property, the Grantee owns more than four shares of the capital stock of Hay Seed Ditch Company. E. NPDES Permit The operator is applying for a NPDES Permit from the Water Quality Control Division of the Colorado Department of Health. EXHIBIT H WILDLIFE INFORMATION A. Significant Wildlife Resources The area within and nearby to the proposed permit area contains a wide variety of wildlife species. Mammal species include: mule deer, jack- rabbits, cottontail rabbits, red fox, coyotes, skunks, prairie dogs, and various non-game mammals and rodents. Bird species include: eagles, hawks, geese, pheasants, various waterfowl and shore birds, and various song and non-game birds. Aquatic wildlife includes: carp, catfish, trout, minnows, various warm water fish and various reptiles and amphibians. B. Seasonal Use The greatest concentration of mule deer, ducks, geese, aid eagles oc- curs from October through February of each year. This concentration occurs when lakes begin to freeze over and waterfowl begin to look for open water provided by rivers and warm water sloughs. C. Threatened or Endangered Species Bald eagles are known to exist in Weld County and commonly utilize tall cottonwood trees for nesting. According to the Colorado Division of Wildlife, only an occasional bald eagle may utilize the river area during the migration periods, mainly late fall through early spring. D. Effects on Wildlife The mining operations would have various effects on wildlife popula- tions. Normal activities would temporarily be disrupted for many species until they relocated to adjacent areas not directly impacted by mining. During normal winter months of January and February and sometimes longer periods, activities will completely stop due to adverse weather and frozen ground conditions. Only during the first couple years of activity in the Stage I area and Stage III area will mining activities be directly adjacent to the creek. During the entire lifetime of the operation, these will be only about 4 or 5 two-month periods when river wildlife will be adversely impacted directly by mining activity. The end result of the reclamation program will be an improved quality of wildlife habitat, which will also serve some recreational needs of fish- ermen and wildlife observers. EXHIBIT I SOILS INFORMATION A. Type, Thickness and Distribution Practically the entire acreage is classified as Aquolls and Aquents. The Aquolls, which have dark colored surface layers, make up about 65 per- cent of the unit; and the Aquents, which are lighter colored, make up about 25 percent. The remaining 10 percent, located in the Southeast Quarter of Section 36, is Aquolls and Aquents, flooded and Bankard sandy loam. These soils typically are no deeper than 48 inches and are underlain by sand and gravel deposits. B. Suitability for Plant Growth These soils have an agricultural land use capability of Class VI and certainly would not be considered prime or unique. There is ample topsoil to revegetate certain areas after mining is complete. EXHIBIT J VEGETATION INFORMATION A. Vegetation Types Ground cover amounts to more than 50 percent of the area. The primary grasses naturally occurring are: alkall sacaton switch grass western wheatgrass sedges alkall bluegrass slender wheatgrass Canada wildrye foxtail barley vine mesquite prairie cordgrass rush Cottonwoods and willows are found along the river bottom. B. Crop Production Some crops are produced on the southern portion of the permit area. However, most of the area has been overgrazed in the past and is composed of weeds and forbs with an estimated annual production of 1 ,500 pounds of air dry forage. . United Slates Soil l�^41 Department of Conservation Agriculture Service 1228 Main Street, Longmont, CO 80501 June 20, 1980 Mr. Richard L. Leffler, P. E. Western Technical Services , Inc . 1024 8th Street Greeley, CO 80631 Dear Richard: A review was made of the acreage you indicated you were in need of soils and vegetative information. Practically all the acreage , as you can see from the soils map, is classified as Aquolls and Agents , and a copy of the manuscript description is attached. This soil has an agricultural land use capability of class VI and certainly would not be considered prime or of unique importance. There is ample topsoil to revegetate the area after the mining operation however. The vegetation consists of both domestic tame plants and native vegetation. Approximately 120 acres of the parcel has been cultivated and used for production of irrigated crops . All evidence of native species have disappeared from this area . The remaining acreage falls within the Salt Meadow range site. A copy of this range site is attached. The area has been overgrazed in the past so that most of the principal species have disappeared and the present composition is mostly annual weeds and forbs with an extimated annual production of 1500 pounds of air dry forage . There are no known species of plants or animals on the endangered species list. Sincerely, Carrol E . Hamon O s►►ma°, SOIL and CAPABILITY MAP + % Prepared by SOIL CONSERVATION SERVICE * UNITED STATES DEPARTMENT of AGRICULTUNE w cooper Aiing wit— +1/44a , .,..•.... OWNERVigt b ` C' U N FARM No DATE iJ Ta� T~ lp [MTd��► OPERATOR .57i1IF SCALE V"AXer ACRES A%Ir ACRES O.474.4- o PHOTO NO WY) - 9)) - J1 wF� MI( • • • P (13 • 74. 34 3d 4 -7-3 24 - 72-M 2 t �� 3d •• • m Il i wee • ,O • V - 4C '0 Y ° C C Y • Y O 0 YI. y 0 ° C " 2 .C• .• • •C • ■ r Y 0. > y Y Y 0 44 3 .O C '0 ✓ Y ) Y w .4 •• 1. O .+ C ) > W • At • K y • 0 •Y a 3 �+ • Y •� 0 0 W 4. 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STA ES DEPARTMENT OF AGRICULTyRE P3'I'n tr ;`l Soil •Consel ation ',Service Colorado''' ' T i' ` ' 4Ik- rM1l � .} •iK'+ �k na7r`F -Jti• r •� •1 Yom.. r ' ' IIA,' 4 )t -�iiTc I'nitpl 'quid',, e k't , . r RANGE SITE' X10, 35 • , , ,4 ,, f 4ir SactIon�I hE`� i ' r � • ' ' LONct+ntar Fleld •Offlcq tl ' fl`•�l�Y`' , zsi'b < v ' t p`rrtpR7 1^`.i,.tl )i.� ' 1,< -- December 1,7 •1 : ,,, 999 Y ro e �1' 1, 1 .fr 1. ], }� �' I4 r Ir♦I v t‘y„ .. .y : , .. �p • �) ' . y«�"<,'frt} %>'� ' 4r ' j•' T RANGE 'SITE DESCRIPTION , ' ., .4"w {}' Q�J 1...',+ ' -',-.T. ••111'7:- for x i . . 'P.*. t .15.":� , 4�d♦ ��y SXy*i4 "Y ' SALT MEADOW ,,,rrtr„ ' a ° L,ll 'fay k'?ii(ii.� •a 1'RpspuXce Area;',: Central High ;P,laIns (67) 0V, o, T ' 54`)a '' y 't�h g'' i ''A,` Upper Arkansas Valley Rolling PLalns.A(69) '{ � of r 4 ��r � ,ri ,tllt2 • y,t ag � , 1 Centrdl'' M19h Tablelands (72 k, � � ' .!-•''''t,-,,;.:4- 6 r°` ^ `vl'.hf * siipi pl,i v i ,: ra„ $ouchern Hlgh Plants (77) •' 4 ,%� . ? ' w t t1;....�Y2�. �, Kr 1.,� %' 111 4"1.44 :".11,,':.::: .`il r 4 ,. 1.1'q. r ' r �uF'c 't F e�Al thHYSiCAL CHARACTERISTICS �11 I )' ' } ifi21541,1,141' a t;'PKr °.F�t�.I k L�'";l�-n' '1�'{irv.l'r° Wyk: '+;.,„,-:::,..,A,tr , ' 1 " :' «-.,4`•f, l;,- Ph slotr9Jh to Features A r'+Vyv +1 � tb {M ',144/ iP,Uto r 1 y , ,{ t[ A ..?4".' ;. . L "All III J Fl. {c ixba ,, 1; t11dln ,,cape' I,elracterla,tics 41'4449'1:i typical of meadows in, .'"+ ' T„ , , k ,t ., ')r `yn`� q , < ,ZhaE',they. jig Irt lowrTand posit c,ns + ' Slopes are nearly level a ' '�' r .s ' ( 41.144. to gentIY4sloping. 'This slta J; located at elevatro_n •between 1 �, r., t� tl ' e:-.........,,v <> , fir' ��}DDD'andv 600Q feet /r� ' •a F T. r • .c.', j .. p, ,z�� +� t r4. M I�S`n9 . `< '.1, ti♦ r{,� K al.,r r .< -'( -t� + i r rM, {, °♦' PA/4„ •i 4 ZY + ei 1matie-Fee urea t C° "'T.., l„,:....:'.-'; •4 , ri Il 1 I'. 141j4�.yy��`) ny1},i r,f♦ ,ne' r yS, :r l sd.AX ♦t. {� ��(��'K r (tr.I` 3 YA1, r ti .4 )r$ 1�'•*•ri: 4ri Jy +. i ;-iii', 14Y S, : ? • '4 el, rt4. . v{ ` , ,a x, .y> '(1 , Th L9voregoaarin(lal 'p,01Cipltax1pn is •In•. the I0 to 119,lrich zones 4l Y , ' a , ,, '{1, ,�f,S1 r1 ' r�'TA0 !►r h as twq thlyd{t'or ingrs`oB this' is received dmrfng. the , ;;,.. *r it ,.:...t'-:, M4 a.tq'20ctgber perJo4<( T espRt(mum 'peried for mo r plant growth yt � 31 , �i ',1 i',�i " 'y1' 14t { '. 'i3Okby �t�weert!,.660.1�1. ;' ph, ' SR tep .3 s q ' Y 1�, � r j ,tiK rf✓ 1q�a a h?y411ri C1�} lTy"�`n r,•;.,,,,,:z-.pt lb, :4:4!: - I ( 1'41:10 I,;, •�• ,i ;iii 'hrrNail ve}Soo tent la1 ) Vei• etatIon ?,�r . , _ : .T ≥ f �Q ,�„ , Ttld' pr(ilr l;pr14fl `qf this 6)E, ImparX: the rpeadow appearance • F ,Y;, •<*•'y .4, ,i,,'••:r0I:4 1far t'1rt+iklp:1ra fSp are a141,l 'sacaton,; swi tghgress, western �„ 1 k++> *,ir;>-+S , y, (twhe4tgrase' l.eedgsa, :alkall: blue ras{ and 'slender wheatgrass:'r 1g.`r }}.''�E e 1 a other,' Waste;7are Cat da yildty , foxtall " bar1ey , Ylne mesquite.• , ,0+ l, ) ^ R ,�� -1.1 ', L 63) era rte c0rd9rais (LM72) and rush. ' ' ' 17}� ,, S+.. fill � . t , �r JJ .r�� rk ,1„a rSo 4r' ,`vftm 'fthf+ u.., ♦ li r '.*,J .:'y, ; '';' v .t - -• ,Lisp ttpriwooaa',agd wlilows of raver bottoms often form' bordering 4. H : - t' ' 9y.zj, •.R^ plantItolrgyrnISles to thIs s1te' and, an occasional cottonwood or l ;;r♦1. k . ,y�r 1 : ,w1liar mayc12r0 seen on soli Inc]us Ions 'as svclated with the site. �Ii '•e't� , �j I'llft 1'r..ii ' .ki, .t• !'r:Xt .,' ., K+ 1.. � . " fL p°r�i1Ryyy///;�r yC�j +=• t4 Ground fO ;F;,Rmpunts 'to as ,muCt� ,as 5O3 or more. Plants not a parti ' l 'i 't 1.1k 14:; {1 4..> covp'rpdgterlorat2n4 lye, esuere tamer1ix,fgulnwecd' kochIa, I nyade RussIanhen the thistle, • 1 r,(1� " poYkrEX wgpd. qnd• prickly pear,r3 i,4 I' it ' 1 KY '1r ., I$ r! R •yT,p '1 N�} w • ,{y((��4..,-,,,,,,,,,,40,•,:•44-0,z. ,, 1 t k .*' i Xf�IRbJ r. r�1 t, • \ '' ' lA f1's�rr,r, '+ RAHGc, $ITE• N9.t•3▪5 , 4 f•. Page 2 �, �1t-1 �' 1'" '5iALT 11EADOW ;'r5. r.. • . . ,, 4.- ' s" 1,-r,,,a-December 197 ''t-F: •.: '0.° E�` 7 Ha1IVe�'.,(Pot•nf'ei) Vegetation and Guide for Determining Range "t iY�,}Q�q.'.w• yr a coda 1 t rqn,h' >� • :.,.r , +�r�,6 r1•^tr "Per'Cent*?a con ;l;iop by weight pf ,xha principal species may i^' r� a s V �if i total el mueh} sR • � a •, 3� ;r 4 k',wC''� M ' y ,q -', : • • r1 4J� rC- ,}�1 II iT �) ..; rr n Yfl a Sr ;i'`.''� a' .. ' Alkl!i.I.sac ton 45 �^� ",a« : ti �f Slid t, hgra33��`l } 20 ;v.� ` xx° ' ;'A4, West,rn�w eetgrass ',i ' ' ' 20 afi; � , },�i r ^',1t° SaltgrFn {/, , „..y 15 - `c 4 s„ j 'I�fAlkell' b1uegrass 10 t nq �M Lx, a ,' es IA '1 , } 10 .. r' I r '++�� :iiff..a" ; 4 S, 6egge l c' ▪ t`' t 10 • k. Kr�2r'�f�,' iVA,-, � hl yf,Canada l ry4, . '1 'iy 5 VI w tg ' s 5 • :`�;)- q� � 51*r;de a white Dais 1 d � .:Ss ra , i ;,','sFpstpJ) arJe " 3 1 f1 i \"-- va 4 :4.0.. ,J e M,n r� y t r'1'Mt ,}'�},�,�`yt {I hr.k.p ,�' �r�l• c� �^. 4 tt ! h �� # 4,x.4 ` iy"'�4t ,° Fc, .!np` a E• sh ,.,t w° , 5 j. F byT n��9 �'C.1 1.� �• tai 1, b' / ,• 4 ."�� rr .:.i . ' 1“,4''''; v 1. . ' ?�i � fib. � # � veil' �^ e v ( � •) ji,41>F .`TrI%ys'�l(r x s % �`Ir Dtv�ls . (4d4s l plod above) t� r . . 5 " ,', t ,'; r .• Totalnual product ton`;• 41} ? l " ; '. t,;,; ,`Favorable Y4af3 s d▪ , r• 4'3000 Pounds per Acre Air Dry .�•,^Y„r(.ch,.; ,� r urlcav4cab I, Yo• 1 2 i v .41 poo : II, ; 5 Ii 'I Ir Dry 4, jk , r�ft'�"7)ilt 'h11d et S' ' i"' s ,,;t2500....' •u . rr ss ' rr F J •....--4 - s��'+ 1�� c,,,�j 4 TY",.1 R 1 h l � �Ca , li r t:',.1,,%';'.:!-I, C•y .,�• • • • I• 1 b' 9r"`�7k?G iaiii-f1 �; h.,Va.c.a4to1I °{1rp• werlable ,Ir tex•tu• r.q.•apd saline, They are generally , I • ., r ( Ivr l-� �i x+ .4'°lllu 1a1� {�pd'c.,, • , ,er'zed ky an effective water table as ppr. tF4, , h , eri• �0ty RI 3 bvT a ina 'or ttllnPt n' t first 3 :feet.. it,r,�., . •5`t1 '7�.r". r lSi ib"(;1-:' 1.1;3'.. .471 Sb'"f''a J+�j`' 'k' "7 t.ti-;F•1�r �'; -r , 1 lt �li� } Ci,�j}4j °kYl , rf�'_d{1 . ItF 'SiS sel ' t4 { t •` . ' j 1 r `! D '�Y nn I q, r ' n Cr ;rte " '0 'b} ' "7• Ap�shapi. ' Y } It. g� r.11 ' 11:�[ f�1l1 .:,1;-„,,,-. t d f .I.a�' clay loam ' F'tz ,j,tjt , w� Ap shapal clay loam Ll...... 1 Lei Animas soils It ' -.t tab i:re::f • "' ApISllapa\)oemy' sand ^;, ' � ebaaek clay loam, wet r :',,,,: ,'?1,243:-�: ,. `r � Yt",r 'ploom ]o+IRI' ,iri� •'i' • Lebsack silty clay loam,' salt } f'b �,2, `1 iiyy}k� ' 1- j :fh';Harvey loam,'wat' L (t t Loveland clay loam , 1, �t �;T + y x haYer.,ion:lpam;:;sa1Ing Mosher clay :; �I ;� ;rl,,� t .1 ffi� �• !Y,. Hayforl1 :jl y clay 1Pam, sal,'I a Moeher loam I I �. �;M`N �' `'• °�'Heldt dlay, ;aline` `I'4 " r' " Wann' soils," saline i � l �ld�7 � (1 dF' ' r He clay Q•m ss) ina "' Wsat lain silty cla loaml � . v j� , «� n , . !• '•K 1 yyt ��. tp r - p S y,igttt t is lit‘}:i",'• :•:', ;,Pii'r rri LA-, "•ra .L,. ..7; ;r,N n .\‘1 '. I b ivies i w I� ei if.,•- ':,' 1 e -.• ii t" . r' , F., 4 ,x t , it ..; ( :f T.. i , °' f 'fi Ili, . _..�_�._.•^T+-.L=rte.-. .. r..r a }_.mow•. p. a yq f C 1w' �F •y r +:V 1tANG 5 � L �+" + 17E "N0*; 35 Page 3 + y4 ' �‘rsAlj ME(�AW ar;11 a k pecenber'I9T5-2` - ,w^°Yv ' f r , �t tN •'1 6, R re'1 Threatened or Endanger.. Plants and Animals f k t' , ,i2^ +' (To bp4 added wheq known) a '', t i I y n r' t'; • q, t� :rre 7, 'Location of:Tyipical Examples of the Site S ,- • : sal ihariowlands along Platte, Arkansas and other maJor streams and ;e•ttI•, F �4;-I: .•. 'l, other;locations hav(ng , salt meadow characteristic;i and where )'I* benRfslolal wgkar. table exi• st•s, r r; ,g 9 '>'r'� a.a��, R84/4...4 Field':Offices in Colorado where the site occurs y , J••,:*";;,,;,,,ao ," z .'. t yki r,f 417.-441i : 4 ?. , vl,' }fviz rl *1r::*;:/;" .e4 + 1 at 4k •- 1,t4`305t,Br 9hfon:Y;"�e t� �. ','Jy+.' ;c �,.'.1sF'J aY ` '*.1396 .. Burl ington .j. `M ' '' �, i i , . rl'aq�,t,'Sr� !' it� ' '.°311 Cheyenne.'.Wells '` , ;. , .J. t ,, -,.,' ; ;313 'Colpradg''spring} ', ,. 'i �` I " '4 y, l ' y ",A^j,rng322 , Hagler , '•...t.1 • ° , , ; z,<.x323 fort Coillps .' • �: K. . /,.: 1' , ,'cif r:y325rtEprt tq gaq +, . -,i , " ` i.� ••e,•1 .,� 329x' rea a •"4 ! ~, f ?l, g +, 1,333riiolly', ;t" ., f ?I; f i. s, 1 V • • 1h 335 Jul esN rg r' r i.y a f.,w y , 1 ,' 3381 Lamrr i�.r,,: ;q .• . r :.'y ' • '� Ift ,� � P� �.;�,� � . +;1339 ; Lalt grllPla , i 1� "` a 34I x Longmorl>r , r ; F. : Jf`, •,°f�at};1tt? � '.r :3k8 , Puebtg >' i ' + �: `, 'Aa . ' ' •; ,-349 Rocky a d fr, r,v Nf S,, Si /��.,, x``-351161mlah , C•t 6 ;�' _ � )'','";352•15perl, fa�l 1 I +, n., ,rl , ,i 7 , f 4'354 ,SL r in g:,',.,,3 , , / 1-:�'�j�4,rivi t�1' ±.. ,• :,,;,;,42,355,,..),- flyers ,v-•,,..-.'i } ' � � , � !v 1 . 1S , f � r ',, 356 :;Tr inIdad: •' ' .';',..j,::,,',1,,',,,,";,;;;.'4 :_'•;/ -359 Nalsenbur r ' a}; c:y 'i362 i Yuma 1 %i `" F 5 - 374 Fads ,t • • i ti f 371 ugo of 4 • -., .� �Y V' t� -.Ai... , . ,. kfr r, 1 � � .J fIi y n . 1t a, 1 :'aka'1. MNGE SITE DESCRIPTION - Colorado - 1974 1,4 ,.-44rJ I. ,, . ` ,. ,,,, H• Md,Ior Uses and Interpretations for the SALT MEADOW Range Sitet l r4t4 r; 1:1,s I tn1'jf r �� `1 i�'* �t• ). r r "' • t,tA'd .�t" 1,s,".ir°1 ,; �lse'of`froilgt - -r' Value Ratin] r, Fzf .� ti ik,tf t+ , .S iv L �lJ Kyl�'1 �•: ' 'i "^ y F.`!4F}IO".�i .1 },+�_„ "� .1 I;A.t '�jaKa `r 4 ,1 • . , Y . ` Not • j ,;I I .'I ., • t: »`^''> `l`4t� z , ,y f rn. ^ h • High Medium Low ' Appli- �,. • ./„..,Yra k , . 1 .‘,..1', at, cable . "# 4 $ii G " • v #rr.-! ter, t+" v,' 4 1�) 1fIr\e a ;:'" Cattle y,, 1 f •fVti � ' ,„ i"h�''[ p4#,41 th 1 t 4 x , 1 '=� x 4p !, Sheep w,; • If � !�r , 1 Y \a0 f.4 tr.F .4 .11 r rt Y 1 '•� i R:,,,,o `,4 j d'!7 } { Horses Fi .57 vol.,.. > e r a J(: 1, 'Vtk14t'i=q� "q`'k} t 7u • F� • ye . 1,r, k;41c1,.4I f,-Z tWood"'Pxroc�uuetim,. •. ,'"+r t 4.-41•,-,x,...„4:1;• + .S ry- .' r. i`.F .ixt ,,, c�"'Fa�jutTf..€ 4'4` ,,, s4v + ^'v 1 • •i.; ; � ' y�kr ,.4 rry y ,1 p Ly A ,,,,F,,a.+ f tit. S�^.1,6J ,1 S7o l t c ' n:.:( , ftWildlifes�wq l '*,'t�}" , , A6IF w I+ t r�A r.i'iH' d +47,9jyr 1 ' k' 3 , t�' cV �" .t I. 'N.'^.3 t( Y 1 t 1i^ Ml`„w }tM' t1 , to Yr� ,,w 1 ,. � . ''I') i, • t a � . ni4e44 BiSOK J4+.+ _ 19 Y K �f Deer,,, ,•f:� • rs • 1 A °` V.Lni( ;Iwirr.: SL +11��11�J'Ryt".4'-.1:•-} 4 .P '-• 7 Vi • • + r } y.+I, nw ,Ark'' • El k'`4):"• {i ', A., J{ ; k :" ..S' r' x Y• # .. r( .�;�5 tI" 7l1 A.y �ln -, vt ��L�i f� *,i, ` (, f . 'r 1y,' ,,)4.171.1 CotIontall .1 r • �. X f FS -,,n^ t .+. {y,l{ -, , I`.t_riv S '(7 'Ke•71; 1� ,, f ... JINl', ,c.•td R,'d/�y•�. r .I • ,� h' , 1" .. , x 'r II t ,,,, r }4•,.4 .i Jackrabbit t. • - ' - } , , I s r - t�?' " w UPlandIyamg'birds 'r X �,.'c7y{'1;2 �.to i -!e't4 $::,54,,r„ 7r a,+Toc 1. .1'i t I. • .t: -r • i D•ii- fir' r,!� Water cry ' ¢ x +1't+f h 14.i?1 r +:., . ,. ' ' .'r at td t ' ,A.4. •. 4 ! -:i;.: 1";;;; , I . . ... . i a '.. rr: _ t 1 „ ", ,u ,••••; '' ia ,r ,.Watershed, ' r x -:g. " 1 'r. . 1 "'' , ",f'5. Recreation and Natural Beauty X — 1 Y r- �p11 i (5,i•/,', — I'll STATE OF COLORADO Richard D. Lamm,Governor DEPARTMENT OF NATURAL RESOURCES OVOR4O DIVISION OF WILDLIFE o ° Jack R. Orleb, Director 3°N .^ Qv 6060 Broadway I SFr Denver, Colorado 80216 825-1192) Richard Leffler July 15, 1440 Western Technical Services, Inc , 1024 ath °t. Greeley, r'o. R0E81 Dear Sirs: In regard to my on—site inspection and discussion with you and the Weld county representatives on July 11 , 1980 I have prepared the following wildlife infor- mation. This deals the effects of a proposed nit gravel mining operation located on 240 acres in sections 2", 96, and 2 just north and east of Del ('amino on the 't. Vrain River. Rare andendangered species are a major concern when dealing with land use projects. In this area , the only such species likely to be affected would he an occasional bald eagle. Stopovers by eaglesutilizing the river area occur during the mig- ration periods , mainly late fell through early spring. conflicts created by such a project would rot currently be a severe problem as there are edja-ent areas which could be utilized by the birds with a minimum of disturbance. Wildlife knowr to utilize the project are, include: mammals birds mule deer* golden eagles' jackrabbits bald eagles' cotton-taileA rabbits various hawk, owl , and falcon sp.* red fox Canadian geese coyotes ring-necked pheasants skunks various waterfowl sp, and shorohirds* prairie dogs various song and non-game bird sp,' various non-game mammals and rodents aovati -' wildlife carp catfish sp. trout sr.* various minnow sp. various warm water fish sp. various reptile and amphibian sp. *Nate: indicates seasonal or sporadic presence. The mining operation as proposed would have various effects on the existing and adjacent wildlife populations. Human activity and associated Problems would disruntrormal activities of many species present. ('hanges in habitat available would force emigration of small game animals and a decline in the overall pop. since available habitat and food is generally the major limiting factor on most (cont. ) DEPARTMENT OF NATURAL RESOURCES, Harris Sherman, Executive Director • WiLDLIFE COMMISSION Vernon C W✓nams Chairman Thomas Farley, Vice Chairman • Sam Caudill, Secretary • Jean K Tool, Member • Roger Clark, Member Jay K Childress, Member • Dean Hull, Member • Dean Suitle Member STATE OF COLORADO Richard D.Lamm,Governor DEPARTMENT OF NATURAL RESOURCES OtOLi DIVISION OF WILDLIFE = 5Jack R. Grieb, Director 6060 Broadway O^, ��' Denver. Colorado 80216 (825-1192) O£ page 2 wildlife populations. Due to the lenght of the proposed operation (perhaps 9c hr0 years) a major concern with the operation would be minimizing wildlife conflicts during the operation and the proper planning and rehabilitation of the area to create good wildlife habitat. The oneration is proposed to run arrrox. 1c months per vear and I feel that wildlife conflicts can he avoided in several ways. Overburden should he stockpiled and used in the rehabilitation of the area. "xisting native grasses, forbs, and woody snecies are good choices for major re-vegetation work. Mixing the plant species and distribution car create the desired "edge effect" which will encourage a greater variety of wildlife species to re-invade the area. wxisting river property should he avoided completely, with the exception of consideration of concrete of rock placement as rip-rap to avoid intrusion by the riverinto an otherwise relatively stable aquatic environ- ment. Operations near the river should be avoided during peak use periods which would include waterfowl and raptor migration periods. This would include the months of October-December and February-March. Odd shaped and more and smaller ponds as well as islands in larger ponds can benefit various wildlife species by creating more shoreline and "edge effect" as habitat. Also, rehab. costs can he minimized by prior planning to leave the better existing habitat as pond shores. In summary, Wildlife conflicts created during the operation can he minimized through proper planning and operation. Post operation habitat will certainly be drastically changed but can be of high wildlife and/or recreation value if the above considerations are made and followed up. If you have any further questions feel free to contact me. Sincerely, Heald R. h District Wildlife anager Longmont south 1Q21 Cambridge Dr. Longmont, Co. 80501 DEPARTMENT OF NATURAL RESOURCES,Harris Sherman, Executive Director • WILDLIFE COMMISSION Vernon C. Williams, Chairman Thomas Farley, Vice Chairman • Sam Caudill, Secretary • Jean K Tool,Member • Roger Clark,Member Im, Y rhllrLnee Mn,..kn, • ft..., IJ,,II Marnha, . na.n o,vh Man,-,a, EXHIBIT K CLIMATE A. Seasonal Precipitation Weld County has a climate consisting of semi -arid steppe with moder- ately cold winters and warm summers. The area has low relative humidity and less than 15 inches of precipitation a year. The precipitation pri - marily consists of snowfall and summer thunderstorms , occasionally accom- panied by hail and strong winds. Most of the precipitation occurs during the 140-day growing season. This amount is sufficient to support native grasses and shrubs. B. Temperature Ranges Seasonal temperatures range between an average of 23.80F in January to 74.80F during July. Periodic extremes find temperatures falling near zero a few days each winter and summer hot spells in the 90' s , lasting one to two weeks. EXHIBIT L RECLAMATION COSTS The mining plans and methods used in the past have successfully proven to result in an area which can be reclaimed to a conservation/wildlife habitat land use without expensive reclamation efforts. Time and equipment costs be- yond that which will be expected for actual mining operations should be negli- gible. The proposed land use was selected, in part, because of the negligible cost of reclamation. EXHIBIT M LOCAL GOVERNMENT APPROVAL The proposed operation is located within a currently zoned "A" Agricul- tural area and within an area considered as a resource conservation area. Re- fer to the letter dated July 21 , 1980, from Thomas Honn, Zoning Administrator. DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 July 21, 1980 1111k COLORADO Mr. Donald C. Carlson, P.E. Western Technical Services, Inc. 1024 8th Street Greeley, Colorado 80631 Re: Hokestra Pit (WTS Project No. 80:96:01) Dear Mr. Carlson: Per your request of July 16, 1980, the following is submitted. The subject property is currently zoned "A" Agricultural and is located in an area con- sidered as a resource conservation area. Both of these conditions are ap- propriate for siting a gravel extraction operation in Weld County. As I am informed, your firm is to soon submit a Special Use Permit applica- tion on the property. As you are aware, the Special Use Permit is required prior to starting a gravel pit operation. ry ruly u s homas E. Honn Zoning Administrator TEH:rjg EXHIBIT N OTHER PERMITS OR LICENSES A Weld County Special Use Permit must be obtained by the County prior to com- mencement of mining. P. Special Use Permit is currently being applied for. Prior to any de-watering and discharge to St. Vrain Creek, the County will obtain a National Pollutant Discharge Elimination System (NPDES) Permit. If required by the Air Pollution Control Division of the Colorado Department of Health, an air emissions permit will be obtained for the mining operation. EXHIBIT 0 SOURCE OF LEGAL RIGHT TO ENTER The source of the legal right to enter is a lease executed by the Board of County Commissions and Harold F. Baumgartner. EXHIBIT P OWNERS OF RECORD OF SURFACE AND SUB-SURFACE RIGHTS Thomas J. Cowan and Edward A. Brown are owners of record of surface rights. Thomas J. Cowan and Edward A. Brown, along with Harold F. Baumgartner, are own- ers of record of subsurface rights. K o APR 13 1978 Recorded at f — o'clock M., 828 Reception No 1'7 (513.17_. MARY ANN FEUERSTEIN Recorder. THIS DEED, Made this /L.tI2 day of April 4978 , 1 between HAROLD F. BAUMGARTNER ON of the County of Weld and state of { Colorado,of the first part,and THOMAS J. COWAN and EDWARD A. BROWN, Trustees 0 N- whose legal address is 105 Bridge Street, Brighton, Colorado of the County of Adams and state of Q Colorado,of the second part, WITNESSETH,That the said party of the first part,for and in consideration of the sum of Other valuable consideration and One and no/100 DOLLARS, © to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof 0 is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these 4 presents do e S remise,release,sell,convey and QUIT CLAIM unto the said part i e esf the second part, heirs, successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part ern c�- ha S in and to the following described lot or parcel of land situate,lying and being in the County of Weld and State of Colorado,to wit: rt z Legal Description annexed as Exhibit "A" , Exhibit "B" and Exhibit "C" • also known as street and number TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate,right,title,interest and claim whatsoever,of the said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said paraeS of the second part, heirs and assigns forever. IN WITNESS WHEREOF,The said party of the first part ha ' hereunto set hand and seal the day and year first above written. SEAL] Signed,Sealed and Delivered in the Presence of Harold F. Baumga ner [SEAL] [SEAL] N [SEAL] STATE OF COLORADO, iss. County of The foregoing instrument was acknowledged before me this /-Lt,GL day of April 19 7$by* Harold F. Baumgartner - - -- ' My commission expires ,19 .Witness my hand and official seal. " M C+orvinMo A n Expires Dec.27,1978 / , r • „, Notary Public. • No.933.QUIT CLAIM DEED.—Bradford Publishing Co,1824-46 Stout Street,Denver,Colorado(573-5011)-9177 �� K e� f. 828 1750317 F'A':CE(. Part of to Ft of Sr'Ctio:l 31, Township 1 North, Range GC V.'!e.st of the 6th P. lvi. described as follows: Bee.:i`tr:_ng at a point on the East: line of U. S. Itt_JIL.vay No. 85 from which t1L.e, Northeast corner of Section 31 bears North 76°15' F.as= 2.1•'9.00 feat; - - . thence South 01 °30r' West along the East line of said Highway EXHIBIT "A" 1'L2.9 feet; , • thence North 888°21' West along said Iiighw.`/cty 60. 0 feet; - thence. South 1'39' West 98 i , fiat; Legal Description Attached' to Quit Clairri e h erica c?.lo n.a said iiighway on a curve to the right with a radius Dated -April , 1978 of 2940.0 feet an arc distance of 177 .1 feet, the chord of said arc Mears South 3'23' West', a distance of A77. ?. feet:; . thence North S8'54' East 20. ] feet; • - - . - _. _ . - thence Noah 59°39' East 177. 0 feet; • - . GRANTOR: Harold F. Baum- thence North 74°56' East 71 .9 feet; - • gaftner thence South 85'51' East 108.x, .feet; • - -- " - . _ • thence South 78°4' East 92. 0 feet; " - - GRANTEES: Thomas- J. Cowanthence South 87°40' East 793.0 feet, •more or less, to a point. on . _ and Edward A. the Northwesterly right of way line of the Union Pacific Railroad Brown Company; - - .. ' - - . _ _ • ' thence North 13'54' East along said right-of way line 8�6. 5 feet • - • to a point 808. 5 feet South of the North line of the l�iE� of . - . - - • • Section 31; - - - • •- thence•Sou`h 89'34' West parallel to the North line of said NE-. - • ' a distance of 558 .0 feet to a point.1338.2_ feet Easterly_bf the . - West line of said NEI;. . - - - • = • - • ' • thence-North 08°03' East 54.0 feet;• . - • . - thence North 67'03' West 718. 0 feet; - : _ _ . . • : -thence North 76°32' West 13'7.9 feet, more or less,-to the point - - ' • - of beginning.-L.ning. - - - •-•- _ PARCEL S: - Part of the "NE1 of Section 31, To\vnship 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 : - . . 788'41` East_2342.5 feet; .. - • - , - - . thence North 76'32' West 344. 6 feet to a point on the North • and South centerline of Section 31 which is 3. 65. 5 feet South - -j - of the North Quarter corner of Section 31; . - • - - thence South 00331 West along said North and South centerline- _ 294.5 feet to a point 660.0 feet North of the So. theast corner - ' - of the NE .1\lV,` of said Section 31; • . _ . . .~ • _ - - I thence West 850 .0 feet, more or less, to the West bank of .. • the South Platte River; - . . • . _ - thence Southeasterly along the \Vest bank. of t1.-±e South _ ' _ Platte River to a point which bears South 05'51' East 1417.32 feet from the last described point and which is 560.0 feel - North of the South line. of the N\'Vs of Section 31; - - - thence Easterly 58 4.0-feet, more or less, to a point' en the • - - West bank of the McCann Ditch which is 560. 0 feet North - - - - and 116:00 feet West of the Southeast corner of the 1`�W of •. • • . • Section 31; - - • - ' . thence No_t.herly 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 last described point;: -- - - - _ thence South 83'13' East along the North bank of the McCar •- _ - • Dicch 68.9 feet to a point on the West line of U. S. High;Tay - . .No. 85; - - -• _ - - - - - thence Northerly along the West line of said 1-Iigh ray on a' - - . curve to the left with a radius of 2.765.0 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 Hicihway. • 136.7 feet; - - . - _ - - thence North 1°39' East along the West line of said Highway - • __ - 1016.88 feet to the point of beginning. - - . - - - e,o014 1`75031'7 '828 -3 EXHIBIT "B" Legal Description Attached to Quit Claim Deed Dated April , 1978 GRANTOR: Harold F. Baumgartner GRANTEES: Thomas J. Cowan and Edward A. Brown The West 1/2 of the Northeast 1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , and the Southwest 1/4 of the Southeast 1/4 and the North 1/2 of the Southeast 1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M., and the Northwest 1/4 of the Southwest 1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M. , all in Weld County, Colorado, TOGETHER —WITH two -(2) shares of the capital stock of the Rural Ditch Company and any and all other water of record_pertaining to said property, _TOGETHER with mineral rights pertaining to said property to the extent of all oil, gas, and related hydrocarbons and rights inherit therewith being retained by Grantors and all other mineral rights being hereby conveyed to Grantee. Above mentioned water ;Y / Est} /2/ frr /� VONe/r/ including but not limited to four shares of the capi tai stock of Hay Seed Ditch Company. 8828 1'75031'7 • EXHIBIT "C" (3 pages) Legal Description Attached to Quit Claim Deed Dated April , 1978 GRANTOR: Harold F. Baumgartner GRANTEES : Thomas J. Cowan and Edward A. Brown .c PARCEL 1 A strip of ground 370 feet wide off the West side of the SWQ of the SEi of Section 30, Township 1 North, Range 66 West of the 6th P.M. , - EXCEPTING therefrom, that portion conveyed to the State Highway Commis- sion of Colorado by instrument recorded December 16, 1954 in Book 1407 at Page 36, Weld County Records, being described as follows: , - Beginning at a point on the South line of Sec. 30, T. 1 N. , R. 66 W. , from which point_. the SE corner of said Sec. 30 bears N. 89° 47' E. a distance of 2280.0 feet; Thence N. 0° 09' W. a distance of 130.2 feet; Thence S. 14° 12' W. a distance of 109.1 feet; Thence S. 1° 39' W. a distance of 24.5 feet to a point on the South line of Sec. 30; Thence along the South line of Sec. 30, N 89° 47' E. a distance of - 27.8 feet, more or less, to the POINT OF BEGINNING, ALSO EXCEPTING therefrom., that portion conveyed to Samuel F. Vienot, Floyd S. Vienot and Edwin A. Vienot doing business as _Brighton Pre-Mix by Deed recorded October 2, 1956 in Book 1461 at Page _128, Weld County Records, described as follows : Beginning at a point where the South line of Section 30 intersects the West R.O.W. line of U. S. Highway #85, from which 'point the SE' corner • of said Section 30 bears North 89!, 47' East a distance of 2307.8 feet; thence Northerly along said R.O.W. by the following courses and distances North 1° 39' East 24.5 feet; North 14° 12' East 109.1 feet ; North 0° 09' East 99.8 feet; - _ � . ' thence South 89° 47' West_ 278.0 feet; thence South 23° 18' West 150.3 feet; thence South 6° 31' West 92.6 feet to a point on thb- South line of said Section 30; thence North 89° 47' East 321.5 feet along said South-line to the :POINT OF BEGINNING. ' PARCEL` 2 El N i Section 30, Township 1 North, Range 66 West of the 6th P.M. , EXCEPT the East 550 feet thereof 8o°1‘ . 828 175031'7 (P - 5 • • • LEGAL DESCRIPTION CONTINUED ' PARCEL 3 . NE4 SS?j Section 30, Township 1 North, Range 66 West of the 6th P.M. , EXCEPT the East 550 feet thereof ' • PARCEL 4 - NW4 of SE4 of Section 30 Township 1 North, Range 66 West of the 6th P.M. EXCEPTING therefrom, that portion conveyed to the State Highway Commis-- • sion of Colorado by instrument recorded September 7, 1954 in Book 1399 at Page 126, Weld County Records, described as follows : Beginning at. a Point on the S; line of the NW4 of the SE4 of Sec. 30, T. 1 N. , R. 66' W. , from which the SE corner of Sec. 30 bears S. 57° 40' E. , a distance of 2,438.0 feet; Thence, N. 1° 39' E. , a distance of 112.3 feet; Thence, N. 17° 38' W. , a distance of .105.9 feet; ' Thence, N. 1° 39' E. , a distance of 1117.9 feet to the E-WA line of Sec. 30; Thence, along the, E-Wi line of Sec. 30, N. 89° 01' W. a distance of . 150.0 feet; - Thence,, S. 140 26' W. , a distance of 67.8 .feet; • Thence,- S. .1° 39' IL , a distance of 450.0 feet; - Thence',' S. - 6° 53' E. , a distance of 101.1 feet; Thence S. 1°."39' W. , a distance of 728.3 feet to the S. line of the NY4 of the SE4 of Sec. 30; Thence, along the S. line of the NWi of the SE4 of' Sec. 30,, N. 86° 44' ' E. a distance of 185.7 feet, more or less, to the POINT OF BEGINNING. PARCEL '5 - SEA SW4 Section 30, Township 1 North, Range 66 West of the 6th P.M. ,' PARCEL '6 • ` : ;; N .of_ the NE of the NW4 of Section 31, Township 1 North, Range 66 • . -.V test .of the 6th P.M. , `, . , _ 500T- 828 1750317 (p - cp • LEGAL DESCRIPTION CONTINUED PARCEL 7 SW of the SEl Section 30, Township 1 North, Range 66 West of the 6th P.M. , WELD COUNTY, COLORADO, EXCEPT the West 370 feet thereof and the South 413 feet thereof. ALSO EXCEPTING therefrom, that portion conveyed to The State Highway Commission by instrument recorded November 22, 1954 in Book 1405 at Page 137, Weld County Records, described as follows : Beginning at a point on the South line of Sec. 30, T. 1 N. , R. 66 W. , from which the SE corner of Sec. 30 bears N. 89° 47' E. , a distance of 1956.7 feet; Thence N. 1° 39' E. , a distance of 22.7 feet; Thence N. 13° 24' W. , a distance of 308.0 feet; Thence N. 1° 39' E. , a distance of 800.0 feet; Thence N. 5° 28' E. , a distance of 150.3 feet; Thence N. 1° 39' E. , a distance of 43.7 feet, to the North property line; Thence along the North property line, S. 86° 44' W. , a distance of 294.1 feet to the NW property corner; Thence along the West property line, S. 0° 09' E. , a distance of 1299.7 feet to the South line of Sec. 30; Thence along the South line of Sec. 30, N. 89° 47' E. , a distance of 322.3 feet, more or less , to the POINT OF BEGINNING, - ALSO EXCEPTING therefrom, that portion conveyed to The- State Highway Commission by- instrument recorded December 16, 1954 in Book 1407 at Page 40, Weld' County Records, described as follows: Beginning at a point on the N. Line of the SW9 of the SEi of Sec. 30, T. 1 N. , R. 66 W. , from which the SE corner of Sec. 30 bears S. 56° 41' E. , a distance of 2,381.3 feet; Thence, N. 86° 44' E. , along the N. line of the SWi of the SEI of Sec. 30 a distance of 47.0 feet; Thence, S. 46° 06' W. , a distance of 66.9 feet; • Thence, N. 1° 39' E. , a distance of 43.7 feet, more or less, to the POINT OF BEGINNING. Except Parcel conveyed to Cowan Concrete Products, Inc. by Deed dated 12/29/77. t , ' ( PROPOSED OPERATIONS STANDARDS 1. The County will provide suitable dust control treatment on the mining site during excavation and on unpaved routes during periods of hauling operations . Suitable treatments may include but are not limited to the following: liquid asphalt, used crank case oil , chemical suppresants, wetting, vehicle speed control . , " 2. During hauling operations truck drivers will be instructed to P use specific haul routes and to obey posted speed limits. q; �. The County will increase the level of maintenance to compensate s for road damage being caused during hauling operations. , 4. Weld County will notify, by mail, adjacent land owners that problems may be referred to the Weld County Engineer, P.O. Box ,, 758, Greeley, Colorado 80631, Phone 356-4000 Ext. 750. P � r r? 4: fi ;t ;...--1 / .7', \I s r U l �� J ' ,`,' ,i F - /..- - / ,i, `dc, ��anri0,vsnts ,may �c��S)fi, '1 '.''\ REFERRAL LIST • O APPJ ANT Weld County CASE # SUP-441:80:31 'REFERRALS SENT OUT ON: September 5, 1980 x v REFERRALS TO BE RECEIVED BY: September 26, 1980 C t7 t=a H 7. U U 0 W H a h Cn H l=7 O U Ix P' c REFERRALS RECEIVED County Attorney (Plat only) ��_1 County Health i� County Engineer . Mr. Larry Lang • )C • U Colorado Water Conservation Board 1313 Sherman Street Denver, Colorado 80203 Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 Mr. Dan Bogart Division of Wildlife P.O. Box 2287 Fort Collins, Colorado 80521Yc , , Longmont Soil Conservation Service 1228 Main. Street Longmont, Colorado 80501 State Engineer Division of Water Resources Department of Natural Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 Mr. Don Billings 12025 Weld County Road 36 Platteville, Colorado 80651 Last Chance Ditch Harold Nelson, Secretary 11955- Weld County Road 15 Longmont, Colorado 80501 • Rural Ditch Dave D'amenisch, President 3598 State Highway 119 Longmont, Colorado 80501 E try t vtx�x.i r Fr,_: ,C-TLIT‘ _ - _ SEP 5 19Rn September 5 1980 , ® WELD COUNTY CASE NUMBER SUP-441:80:31 . � • • Engineering Department COLORADO REFERRAL TO WHOM IT MAY CONCERN : Enclosed is an application from Weld County for a n Open Cut Mining Permit - Sand and Gravel The parcel of land is described as WZ NW%, Section 2, T2N, R68 and SW4 SE4 and Ni SE4, Section 35, T3N, R68W; Nw' SW4j Section 36, T3N, R68W The location of the parcel of land for which this application has been submitted is 3/4 mile east and z mile north of Del Camino • This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by September 26, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in -this matter. 1. 2( We have reviewed the proposal and- find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please efer to the enclosed letter. Signed N,),..O Agency 6r7(7,,ilGCf;ne7 Date q-&'8d Co. - 12 ((')Cm\ p, 9 ,cistant oning A inistrat jc� Sty �•E(� • , .r8 �� RECETVziL� 9/5/80 y September 5, 1980 CASE NUMBER p P SUP-441:80:31 \J [jj ' COLORADO REFERRAL TO WHOM IT MAY CONCERN : Encl?sed is an application from Weld County for a n Open Cut Mining Permit - Sand and Gravel — The parcel of land is described as WZ NW4, Section 2, T2N, R68 and SW4 SE4 and N1/2 SE1 , Section 35, T3N, R68W; Nw z SW 4, Section 36, T3N, R68W The location of the parcel of land for which this application has been 3/4 mile east and / mile north of Del Camino submitted is This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your reconunendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by September 26, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in -this matter. 1. We have reviewed the proposal and - find no conflicts with our interests. 2. A formal recouu„endation is under consideration and will be submitted to you prior to - 3 , P ase refer to the enclosed letter. ` Signed 1,i1/ Agency4,-(,4-t-a-c;A,,, retelfDate /,�/�D CAA...,,C).rg tans oning A inistrat 9t/s5/80 _ s�7� id 4,-69-x-44-d- , / A GL .),%Y 1,. ,Cj�1\irV :;; ( Ste' ,, 77 e y , �Ju . - E- RAnDUM W(11111111e. To Chuck Cunliffe Date_September 8, 1980 COLORADO From inga, Engineering Manager subject: Hokestra Open Cut Mining S.U.P. The following is additional you requested: Traffic: We anticipate approximately 40 trucks per day during hauling operations. Hauling periods will likely last for a 4 month period, during the construction season. Access will be off Weld County Road 9 3/4 to Weld County Road 241/2 then west to the west to the I-76 outer road or straight south on Weld County Road 9 3/4 to State Highway 119. Ditch Company Information: Last Chance Ditch Harold Nelson, Secretary 11955 Weld County Road 15 Longmont, Colorado 80501 Phone: 776-2336 Rural Ditch Dave Camenisch, President 3598 State Highway 119 Longmont, Colorado 80501 Phone: 776-2968 DS:sad cE. 6 25' K= r z 0 N - - - - I N m F I I I o I I I II') - - - - 1-_ _ _- - - - - -- --- - - -- - -- - - - - I I `� T 1 6 00 II / r--- ------__ ___...--- _______ _____-------- ) 1 I I I I I I I I II j I --< I I I I lj II ) I C7 I I I ) D 0 O II 1 0 0 0 o aoo R 0 I I 1 co II O I 0 o� c I I O z 0 I I I D I 7K o = 1 m 1 0l=1 �, I N 0 1 1 I II O r o o c x I I. rn rD i v LII m i t m I 1 J r- m D IFCI I I 1 '..< I I � 1 1 I ---1 1 I I , I \ I I / \ II � � � � I I I I \` \ ' �� H I I 1 II II c - --I i I I x z { 3 , , I0I fir m T ; I0 I I II z 1J I I 1 x II / ---Ih®2�222324�s - - - - - - - - - - -z450 = I I '\_ g- - -' 7 a I4mo 'L 0 t3 Cr 68_L {Weld BOARD OF HEALTH County Health Department David Werking, DDS, Greeley 1516 HOSPITAL ROAD Charles W. Juels, MD, MPH William Buick, Roggen Fran Christensen, Eaton Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., JD, Greeley (303)353-0540 Annette M. Lopez, Greeley Herschel Phelps, Jr. MD, Greeley Kathleen Shaughnessy, PHN, Ault September 17, 1980 Arthur G. Watson, Platteville John M. Wheeler, Greeley TO: Chuck Cumliffe 1 FROM: John G. Hall J SUBJECT: Open Cut Mining Permit for Weld County - Hokestra Pit The following stipulation apply to the above SUP: 1. Operation requires an emission permit for fugitive dust (rock crusher is permitted already). 2. Any discharge into state waters requires a NPDES permit. 3. Operation subject to noise limitations as stated in 25-12-103. T C ) .EFFFO V.:-$.' Longmont Soil Conservation District 1228 Main Street Longmont, Colorado 80501 September 26, 1980 Mr. Chuck Cunliffe, Assistant Zoning Administrator Weld County Department of Planning Services 915 - 10th Street Greeley, CO 80631 Re: Case Number SUP 441:80:31 Weld County Gravel Pit Dear Chuck: Our technical support staff has reviewed the above application and make the following comments: 1. The soils are typical river bottom and floodplain soils classified as Aquolls and Aquents. They are ideal for sand and gravel oper- ations and with an agricultural land use capability of Class VI , they would not be considered prime or of unique importance. 2. There are two major ditch canals in the permit area or in close proximity. The Last Chance Ditch is the most affected, and in addition to protecting the historical easement for maintenance, no mining should take place closer than 50 feet of a canal of this size to avoid increasing the leakage that is inherent in all unlined canals. This would be an exception to the statement on Sheet 3, Item #1. 3. These soils have severe limitations for septic tanks and sewage lagoons due to the potential of flooding and intermittent water table. With the exception of covenants to protect the flow of the Last Chance Ditch, we can find no conflicts with our interests . Sincerely, 4,e0 Ve' Leo Berger President LB:rah 41., SEP a�8U cz ` RI RECEIVED ,r-n; a [Jeid county 00 Funning Coelnission ,Co CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT 'i Colorado Interstate Gas Company P.O.BOX 1087•COLORADO SPRINGS,COLORADO 80944•(303)473-2300 0 October 20, 1980 Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Attention: Mr. Chuck Cunliffe Re: Wattenberg Field Gathering Lines Dear Mr. Cunliffe: In reference to Item #1 of the October 21, 1980 Planning Commission Agenda, SUP-441:80:31, please note that our company operates a natural gas pipeline in the neighboring Northeast Quarter Southwest Quarter (NE%SW%) of Section 36, Township 3 North, Range 68 West. Please let us know should any further plans include said Northeast Quarter Southwest Quarter (NE%SW%) of Section 36. Thank you for your attention in this matter. Yours truly, R. L. BLAES Manager, Land Department By: reajiCi Floyd C. Robertson FCR:ek sS OCT 1980 RECEIVED o Weld County w Planning Corumisstaa D16,el9 SVC/ STATE OF COLORADO COLORADO WATER CONSERVATION BOARD oi cozo Department of Natural Resources ,i4' 823 State Centennial Building he t � (0 1313 Sherman Street *' * Denver,Colorado 80203 18'6�* Phone: (303)839-3441 — Richard D Lamm Governor J William McDonald Director David Walker Deputy Director October 22, 1980 Ref: SUP 441:80 :31 Mr . Chuck Cunliffe Assistant Zoning Administrator Weld County Dept. of Planning Services 915-10th Street Greeley, CO 80631 Dear Mr. Cunliffe: This office has reviewed the material submitted by you in response to our recommendations of September 17, 1980. Based on this data, plus conversations with and a letter from Mr. Drew Scheltinga dated October 20, 1980, we feel that our concerns have been satisfactorily addressed and that the proposed operation of the Hokestra Gravel Pit should not significantly increase the existing flood hazard in the area. Should you have any further questions, we will be happy to respond. Very truly yours, P. ,tkilict ils D. Randolph Seahoim Water Resource Specialist DRS:tam • * "0.1\ ' ,, )\ C _'..; 'c IlI'LL` , cri r.,- c-.:; c . C COLORADO WATER CONSERVATION BOARD, Frederick V. Kroeger, Chairman Robert A. Jackson, Vice Chairman •John R. Fetcher, Steamboat Springs C.M. Furneaux, Walden • Ftoyd L. Getz, Monte Vista • Patrick A. Gormley, Grand Junction Richard W. Johnston, Montrose • David W. Robbins, Denver • Herbert H. Vandemoer, Sterling (z--,-.-c,,---- 5.0, RICHARD D. LAMM �"�'i47 J A. DANIELSON Governor co' • i ' O State Engineer ,�N _* 1876 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 October 22 , 1980 Mr. Chuck Cunliffe Assistant Zoning Administration Weld County Department of Planning Services 915 10th St. Greeley, CO 80631 Re: Hokestra Sand and Gravel Mining Operation Dear Mr. Cunliffe: We have reviewed the comments sent to us by the Department of Planning Services on October 15 , 1980 regarding our concerns and/or recommendations to your office. The information submitted to our office would indicate that Weld County has sufficient water rights that could be applied to a plan of augmentation as make up water for road wetting and lake evaporation. Without a review of the augmentation plan, however, we cannot make any decision regarding the plan's adequacy to meet all the mitigation needs related to the proposed project. If the applicant recognizes the need to mitigate the permanent losses to the system associated with the lake evaporation and these mitigation measures are included in the proposed plan of augmentation, we would have no further objections to the permit approval. Very truly yours, Hal D. Simpson, P.E. Chief, Water Management Branch HDS/RLS:pkr ',23-'?z7 _co 0v4 1 u' J �' RECE,I�/Le�J) ) C ', , OF COCO Q. "'assT '6 RICHARD D. LAMM h - J A. DANIELSON Governor * � � O State Engineer 'J L r N SN �T */876 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 September 25, 1980 Mr. Chuck Cunliffe Assistant Zoning Administration Weld County Department of Planning Services 9 1 5 10th St. Greeley, CO 80631 Re: Hokestra Sand and Gravel Mining Operation Dear Mr. Cunliffe: As requested by your office, we have reviewed the sand and gravel mining application near Del Camino. The applicant states that there will be no project water requirements for the operation other than occasional dust control. The amount needed would not exceed 1,000 gallons per week and that by spreading recently excavated sand and gravel on haul roads, the need for dust control measures would be greatly reduced or even eliminated. The applicant also states that the reclaimed lakes will be used as wildlife habitat. The State Engineer views the development of ground water for wild- life habitat as putting the ground water to a beneficial use. This use of the pit makes it a "well", and in order to construct the "well", a well permit must be obtained in order to not be in violation of CRS 1973, 37-90-137. Since the proposed gravel pit is located in the overappropriated St. Vrain River basin, the applicant must provide an augmentation plan that replaces the evaporation losses from the proposed lake surfaces and gravel piles, in addition to any other uses of the ground water to prevent alteration of the prevailing hydrologic balance of the basin. The applicant states that water lost through evaporation from the pond surfaces should not exceed the amount lost through evapotranspiration from agricultural crop production. The removal of the area being mined may offset the evaporation losses; however, until we receive additional information concerning the historic consumptive use of irrigation water on the property, and these uses are compared to lake evaporation and phreatophyte losses, we cannot adequately evaluate these effects. The applicant states that he has not ruled out dewatering of the gravel pits. If dewatering is a possibility, the applicant must provide for mitigation of any possible injury to the two ditches which are in the immediate vicinity Mr. Chuck Cunliffe Page 2 September 25, 1980 of the gravel pits. These mitigation measures should also be provided to this office for our review before any permits are approved. Very truly yours, hA .2,,, . Simpson P E. Chief, Water Management Branch HDS/RLS:pkr cc: Jim Clark, Div. Eng. Brad Jones, Mined Land Reclamation ti �o ' \o unz sslss CO o Q�ul'`1l`I,��1` �9 .Q OAS ittotkAtO'''4Alft. °;,001 ��pF'CO O4 RICHARD D. LAMM * * JOHN W. ROLD GOVERNOR Director * 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 September 29, 1980 Weld County Planning Commission 915 10th Street Greeley, CO 80631 Dear Sirs: RE: HOKESTRA PIT The Weld County Engineering Department has applied for a special-use permit to extract gravel from a 240-acre tract along St. Vrain Creek in secs. 35 and 36, T3N, R68W, and sec. 2, T2N, R68W. St. Vrain Creek and Last Chance Ditch divide the property into 3 parcels that will be mined in four stages over a period of 35 years. The property is underlain by about 12 ft of gravel mapped as Fl on our gravel resources map of the Gowanda quadrangle. Other gravel pits have been operated less than one mile upstream, and one small pit has been operated previously on the subject tract. I have two questions about the operation of the site. The first concerns access, to the parcels. The reclamation map shows entrance to the property at the intersection of County Roads 24.75 and 9.75. If the access for mining and hauling is to be here also, bridges must be built over Last Chance Ditch and St. Vrain Creek in order to reach stages 1 , 3, and 4. At least the structure over the ditch must be permanent to allow access after reclamation of stage 1 . My second question concerns the staging of the four areas. In my view, mining stages 3 and 4 first would help to isolate those tracts and allow the reclamation to become established. Haul trucks would not pass any reclaimed areas during mining of the remaining tracts. The proposed schedule would bring haul trucks and other equipment past reclaimed areas following extraction of stage 1 . Working north to south would eliminate any hauling past a reclaimed area. I see no geologic problems involved with operation of this site, but I would recommend a reconsideration of the mining schedule. Sincerely, Stephen D. Schwochow Engineering Geologist ,,a; r j SDS/gp ��J OCT 980 6'1 cc: LUC RECEIVED `D' cs.�', NM County Planning Commission GEOLOGY 81L1g 41 STORY OF THE PAST . . . KEY TO THE FUTURE BENJAMIN F.STAPLETON J WILLIAM McDONALD Chairman,Denver �oy Coo Director FREDERICK V.KROEGER �' v F � o LAREN D MORRILL \ Vice-Chairman,Durango m 7 _ - o Deputy Directcr JOHN R.FETCHER 1. %* Steamboat Springs 848 C.M. FURNEAUX RICHARD D LAMM Walden Governor FLOYD L.GETZ DEPARTMENT OF NATURAL RESOURCES Monte Vista COLORADO WATER CONSERVATION BOARD PATRICK A.GORMLEY Grand Junction 823 STATE CENTENNIAL BUILDING TELEPHONE ROBERT A.JACKSON 1313 SHERMAN STREET (303) 839.3441 Pueblo DENVER,COLORADO 80203 DAVID LEINSDORF Crested Butte September 17, 1980 HERBERT H VANDEMOER Sterling Mr. Chuck Cunliffe Assistant Zoning Administrator Weld County Department of Planning Services 915-10th Street Greeley, CO 80631 Dear Mr . Cunliffe: A flood hazard review for Weld County' s Hokestra Pit Open Cut Mining Sand and Gravel Permit (Case No. SUP-441:80 : 31) has been completed by this office. We offer the enclosed findings and recommendations for your consideration. Should you have any questions concerning this review, we will be happy to respond. Very truly yours, /i a. D. Randolph Seaholm Water Resource Specialist DRS :tam c<CO19 - e� � Enclosure �� 4 �, SEP 1S80 J 1-ECEIVED v1 vigil County � Planning C© Cb nniss!lr A P COLORADO WATER CONSERVATION BOARD FLOOD HAZARD REVIEW HOKESTRA PIT WELD COUNTY September 1980 I. Location WZ, NE4, Section 2, T2N, R68W, 6th PM, and the SW4, SE4, and N2r SE4, Section 35, T3N, R68W, 6th PM, and the NW4, SW4, Section 36, T3N, R68W, 6th PM, which property is approximately 240 acres. II . Potential Sources of Flooding • St. Vrain Creek and adjacent tributary area. III. Floodplain Information Available for Review A. "Flood Insurance Study, Weld County, Colorado, Unin- corporated Areas and Town of Eaton, Colorado, " prepared in September 1979, by Gingery Associates, Inc. , under FEMA-FIA contract. This study was designated by the Colorado Water Conservation Board on March 17, 1980, and thus is available to local governments for regula- tion purposes. B. "Floodplain Information, St. Vrain Creek, Boulder Creek and Idaho Creek, Weld County, Colorado. " This study is presently in progress by the U. S. Army Corps of Engineers, Omaha District, and will provide detailed information in this area when completed. IV. Findings A. The Flood Insurance Study shows all the area except for approximately the SW4 of the NE4 of Section 2 as flood- plain. However, this Zone A was determined by approxi- mate methods only and could change significantly when the detailed study is completed by the Corps. B. The permit' s "Extraction Standards" clearly state, "No diking or berm shall be allowed in the special use permit area which would cause damage to upstream or downstream properties by altering the historic drainage pattern. " C. The permit application supplied makes the following comments with regard to water and water management: 1. In Exhibit D - • a. "There will be no water diversion or impound- ment structures necessary for this operation. The excavated areas will fill with groundwater, collect water which drains from the excavated material and collect storm water runoff. A dike will be constructed along the south edge of St. Vrain Creek to keep high waters from encroaching upon the permit area. " b. "Screening mounds will be constructed. " c. "Sand and gravel will be stockpiled. " 2. In Exhibit E - a. The pits will be wet because the property is located in the floodplain. b. "The proposed mining operations and all adja- cent lands are located in the St. Vrain Creek floodplain as well as an aquifer recharge area. " This statement is not entirely true based on the designated information. (See attached maps. ) c. The outside slopes of screening mounds will be at a ratio of 2 : 1 and inside slopes above and below waterline will not be greater than 3 :1. d. The mining operation will comply with appli- cable water laws and regulations governing injury to existing water rights, water quality, and section 404. 3. In Exhibit G - "Water Information" as given in the application is hereby attached. 4. Reclamation Plan Reclamation of the area will be to conservation/ wildlife habitat land use which is an acceptable floodplain use. V. Recommendations Based on the above findings and other information contained in the application, we offer the following recommendations: -2- A. Any operations of the gravel pit should not obstruct the passage of the 100-year flood to the point that it has any adverse effects on others. At present, the application proposes a dike on the south side of the creek1stockpiles, and screening mounds as tall as 20 feet around the perimeter. No exact dimensions or locations are shown for these items on the application. These items should be shown and some detailed indica- tion given of the extent of increased flooding these dikes and mounds might cause. The Corps of Engineers might possibly be able to supply some preliminary data in this area. B. The equipment, offices, fuel tanks and other storage sheds and areas could be safely located out of the floodplain by placing them down along the southern most end of the property, and thus help eliminate creation of "hazard to public welfare. " C. The application and final reclamation plan should identify the existing 100-year floodplain limits and note that applicable floodplain regulations will apply now and in the future. DRS :tam Attachments ;1 , SEP ?�8p RECEIVED wfig Cou t F1 nifng Co[r ss cu • —3— t, I Ali 1 i i l W rt,t 1} EXHIBIT G WATER INFORMATION A. Identification of Water Systems The proposed operation is located in the floodplain of St. Vrain Creek. St. Vrain{ Creek flows through the property from west to east. Two irriga- tion canals pass through the southern portion of the permit areas; namely, Last Chance Ditch and Rural Ditch. The land is located above the St. Vrain Creek alluvial aquifer and also is in a recharge area for the aquifer and creek. B. Water Quality Management Plan The sand and gravel deposit in the alluvium contains the alluvial groundwater system. There is considerable interaction between the ground- water system and St. Vrain Creek. The previously excavated area contains approximately ten feet of water during spring and early summer months. The water level is expected to be lower during late summer and fall months. Mining will begin and has already occurred adjacent to St. Vrain Creek. These mined-out areas which will fill and already be filled with groundwater, will collect any surface water runoff which may flow across the disturbed area towards the creek. If de-watering operations are necessary only clarified water will be discharged from the pits. There will be sufficient time to settle out any solids prior to discharge. Once mining ceases and the area is reclaimed to a wildlife habitat, the ponds themselves may be classified as "state waters" . r • ., =t,-roject Water Requirements • There will be no project water requirements for the development • mining or reclamation phases, other than occasional dust control opera- • ' tions. The amount of water needed for dust control is not expected to ex- ' ceed 1 ,000 gallons per week during dry conditions. By spreading recently excavated sand and gravel on haul roads, the need for dust control measures would be greatly reduced or even eliminated. • The amount of water lost through evaporation from the pond surfaces should not exceed the amount lost through evapotranspiration from agricul- tured crop production. D. Water Rights and Sources According to the recorded deed for this property, the Grantee owns more than four shares of the capital stock of Hay Seed Ditch Company. E. NPDES Permit The operator is applying for a NPDES Permit from the Water Quality Control Division of the Colorado Department of Health. ACC ,tea 2000 C') 1-••--1 I-- �`` oi 27 . : 28 m 26 z :Foster:;.;:•' • z D r\ o ..•.Reservoir• ° Sanborn 1 ..•... .,.. Reservoir ............. ,':ZONE A' i .. rdam , COUN1Y111,78 / \\I KIRKLAND i I m \\ I Li • \11 I 0i 1 IItn cc I °° N W • G 3 3 34 I I a O II in 35 i ) cc Q II c�J �I1 •.•••••'•'',•'v RAIN'-'A I N:'R rGK:••''.,• COUNTY RI,)I, :•: T.: .-.... • ':': ::T 2.1‘.1:::::';';:.•I ':I • •P0ND•• 'ZONE ::•:: :::: :STATE ' :RECREATION.::::: ' : `'k .,::•:"•••••::•::•:::.: • . • ' • :, ': ```3 i. AREA::: : 2.• • '/**:• • • . • .••••s : ..* . ...7 r COUNTYRD74 }tbUtt...•.• •119•:'::...,,:.•.'..• Ai tf,' ''..------ • .„,,......:::„.....-Oer'''/(1.27) 0:.),•.. :.:. ..•'.....:::::•,....:::;:•::?.....................:........,'.:.....::::::::::::::. . .. " • o`er . 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T2N:E':::cc:E.i::i .':::i:: ......fast.:::::,r ....... .....::E. ... ( .............. 2NE '�_ � � i 'l.Ei:`:E ton Lup -.....---,,_Chance 2 6 // I m i..:c:EE:. 5 I / ::E ZONE A // / o p` • • • { n rJrr` COUNTY RD 24 O N. O O` " I I 12 • 8 HARNEY ZO NE A `� -------- r---------- 1,�' � COUNTY RD 22 ,. I ) Dam IDitch • • Dam • .:• p. Y 13 17 )':.:I 4 �o 18 DANIEL, MGCAIN & BROWN ATTCPNE'S AT LAW [I 11 lr,ll rr.1I 1•fle•r I ' • IAIIAr 111,1111,11. ORREL A CAMEL ICb Bp'C...-,E S1RLCT TELCI'1•.CNC IEONARCI N MCCA:N BRIGHTON, COLORADO 80601 f3R.,IilON 65 -0731 UW/.R;1 A C1pgv:N T Wit I.A14 WAtI A. I t••TEvCr, I, •OEC EN11: January 1G , 1979 • Mr. Thomas O. David Weld County Attorney P. O. Box 1948 Greeley, Colorado 80631 Dear Tom: I enclose original and two copies of the Gravel Lease that have now been signed by Harold F. Baumgartner. Please return a fully signed copy to me . You will note that I changed the date for the second payment to January 22 , 1979 . Harold initialed this change . You can send your check to me for delivery to Harold or to him directly at your option . Sincerely yours , DANIEL, McCAIN & BROWN ( çt ' �."� Et�ward . Frown EAB :dj d j Enclosures • • �-= mEmORRflDUrii 4 v Hal D. Simpson Division of Water Resources October 15 . 19i3S T° Date COLORADO From Chuck, Cunliffe, Department of Planning Services Subject: S1Jp-441 -RO:31 OpPn, Cur [4ining Permit for Said and Gravel The enclosed materials are in response to your referral letter dated September 25, 1980 which stated your concerns and/or recommendations regarding Weld County's Special Use Permit application for a sand and gravel operation. Please review the enclosed materials and forward any comments or recommendations regarding this request to our office as soon as possible. The request is scheduled before the Weld County Planning Commission on October 21, 1980. Deportment of Planning Services Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631; 4 (.----, -- „ CfflORRflDU : , „...p ,.s.__ _, D. Randolph Seaholm October (5, 1985 vilige To Colorado Water Conservation Bd.Datf,COLORADO From Chuck Cum__ e,i =f Departmezz of Alarming Services Subject: SUP A41:so:21 open Cut 'Wining Permit for Sand and Gravel The eeclosed rretearials ere in response to your referral letter- dated September 17, 1980 aihioh stated your concerns and/or reco:anendations regarding Weld County's Special Use Permit application for a sand and gravel operation. Please review the enclosed materials and forward any comments or recou.uuendations regarding this request to our office as soon as possible. The request is scheduled before the t•:e1d County Planning Commission on October 21 , 1980. Department of Planning Services Weld County Centennial Center 915 Tenth Street Oreeley, Colorado 80631: RESOLUTION RE : APPROVAL OF GRAVEL LEASE BEWTEEN HAROLD F. BAUMGARTNER AND WELD COUNTY, COLORADO AND AUTHORIZATION FOR COMMISSIONERS TO SIGN SAME. 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 , a gravel lease between Harold F. Baumgartner and • Weld County, Colorado has been presented to the Board of County Commissioners. A copy of said gravel lease is attached hereto and incorporated herein by reference, and WHEREAS, said gravel lease covers the property described as follows : The West one-half of the Northeast one-quarter of Section 2, Township 2 North, Range 68 West of the 6th P.M. , and the Southwest one-quarter of the Southeast one-quarter and the North one-half of the Southeast one-quarter of Section 35, Township 3 North, Range 68 West of the 6th P.M. , and the Northwest one-quarter of the Southwest one-quarter of Section 36, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado. WHEREAS, the Board of County Commissioners deems it advisable and in the best interests of Weld County to approve said gravel lease . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the gravel lease between Harold F. Baumgartner and Weld County, Colorado be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Commissioners be, and hereby are, authorized to sign said gravel lease. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 27th day of December, A. D. , 1978 . . BOARD OF COUNTY COMMISSIONERS ATTEST: • ' ' '• WELD COUNTY, COLORADO t•'eld County Clerk and Recorder 1t-4-r and Clerk to the Board /, < By.:, , A f • . �_ ' ti � `- • Deputy County Clerk _ APP'ROVED AS TO FORM: County Attorney DATE PRESENTED: JANUARY 22 , 1979 , , i GRAVEL LEASE THIS AGREEMENT made this 29th day of December, 1978 by and . between HAROLD F. BAUMGARTNER, hereinafter called the Owner and BOARD OF COUNTY COMMISSIONERS, Weld County, Colorado , hereinafter called Lessee : For and in consideration of the mutual covenants and condi- tions hereinafter set forth, the parties do hereafter mutually agree as follows : 1. RIGHTS GRANTED - PROPERTY DESCRIPTION In consideration of the sum of $2 , 000. 00 received this date and subject to the following terms and conditions of this Agree- ment, the Owner hereby grants to Lessee an exclusive lease to explore for, develop, excavate, process, stockpile, remove and sell sand, gravel and rock overburdern only and for no other purposes , but specifically excluding oil , gas hydrocarbons , etc. and all other minerals from the following described property situated in Weld County, Colorado: Legal description attached as Exhibit "A" . The Owner reserves the right to farm and utilize all of the premises not affected or needed by Lessee ' s operation. Lessee shall have the right to make excavations , openings , stockpiles, reject material dumps and conduct all necessary activities for the exca- vation of gravel, and to place such machinery thereon as Lessee may deem necessary for efficiently excavating and' preparing gravel on said described lands with the right to Lessee to remove all such property at any time or within 90 days after termination of this Agreement. 2 . TITLE The Owner warrants that it owns the leased premises and the minerals thereunder and has full right and authority to execute this lease. The ownership of Owner is encumbered by a Deed of Trust to C. Frank Guertner and Lois J. Guertner, which Owner , shall keep current, and an Oil and Gas Lease and existing easement. Page 1 of 6 napes . 3 . GRAVEL PERMITS - ZONING Lessee shall hold the Owner completely free and harmless from and against all State and County requirements pertaining to the operation of a sand and gravel mining operation oh the described lands. 4 . TERM The term of this Lease shall be for a period commencing the 28th day of December, 1978 and ending on the 30th day of September, 1979 . It is contemplated by the parties to this Lease that the Lessee shall have a full nine (9) months in which to mine the gravel from the premises covered by this lease, and any delay caused by the inability of the Lessee to obtain the necessary permits for mining gravel from the Mined Land Reclamation Board of the State of Colorado, shall have the force and effect of extending the term of this Lease so as to allow the Lessee a full nine (9 ) months of mining operation on said premises . 5 . EQUIPMENT AND OPERATIONS Lessee agrees to work the described lands in good and work- manlike manner in accordance with the customs and practices of sand and gravel pit operators . 6 . ROYALTY ON SAND AND GRAVEL AND OVERBURDEN Lessee agrees to pay owner a royalty of twenty-five cents ' (25¢) per ton for all sand, gravel and overburden removed during the term of this Lease . Lessee agrees to pay royalty for 120 , 000 tons ($30 , 000. 00) as follows : a) $2 , 000. 00 this date b) $28 , 000 . 00 on January 22 , 1979 , 11. The Lessee agrees to purchase a minimum of 120, 000 tons during the term of this Lease. At such time as the Lessee has removed quantities equal in value, at the rate of 25 per ton, to the total amount paid as royalty, the Lessee shall thereafter commence paying the royalty monthly on the 1st day of each month for all sand, gravel and overburden removed during the preceding calendar month. Page 2 of 6 pages Lessee shall have the right to remove, within ninety (90) days after the expiration of this lease, any material stock- piled on the premises provided Lessee has paid for same. 7 . BOOKS AND RECORDS Lessee agrees to keep accurate records of all sand, gravel and rock removed from said described lands, and will at all reasonable times make said records available to Owner for his inspection. • 8 . TAXES Lessee agrees to pay all taxes lawfully assessed against all machinery, tools , equipment, supplies, improvements , and all other property placed by Lessee on the above described lands . The Owner shall pay all taxes lawfully assessed against the real pro- perty and the machinery, tools , equipment, supplies, improvements , and all other property now on or placed by Owner on the above described lands. Any and all severance tax on the sand and gravel shall be paid by Lessee . 9 . INSURANCE AND OTHER OBLIGATIONS OF LESSEE Lessee agrees to indemnify, save and keep Owner harmless of and from all claims and demands of whatsoever kind and character resulting from any act, operation, or negligence of Lessee on the above described lands or in connection therewith, and to carry liability insurance for such purpose. Lessee agrees at all times during the life of this lease to comply with all applicable provi- sions of the State Workmen ' s Compensation Act to ;maintain adequate 4. workmen ' s compensation and public liability insurance for the, pro- tection of Owner and provide certificates of insurance before entering. Lessee shall maintain and keep in force public liability insurance for injuries caused to nersons and damage to or destruc- tion of property with limits of not less than $100 , 000. 00 - $300 , 000. 00 for injury or death to persons and of not less than $50, 000 . 00 for damages to or destruction of property. Protection of Premises . Lessee agrees to cooperate with the Owner and the farmer farming the place with regard to Lessee ' s Page 3 of 6 pages . operation so as not to unduly interfere with the farmer ' s opera- tion and in keeping gates closed and/or locked as agreed. 10. LESSEE' S RIGHT TO PAY LIENS If any indebtendness , including taxes of Owner which may become a lien against the described lands during the term of this Agreement, should not be paid when due, then Lessee at his option, may pay the same in order to protect its rights hereunder, and for all payments so made Lessee shall be reimbursed by deducting such amounts from royalties next becoming due to Owner. 11. OWNER' S RIGHT OF TERMINATION . Upon failure of Lessee to perform any of the covenants, agreements, or conditions herein contained to be performed by Lessee, except payment of the royalty monthly, Owner may give notice thereof to Lessee as hereinafter provided, stating in such notice wherein Lessee is in default hereunder. Lessee shall then have thirty X30) days from the time of the giving of such notice to rectify his defaults and if Lessee shall fail within said . thirty-day period fully to rectify such defaults specified in said notice, then Owner shall have the right immediately to cancel and terminate this entire Agreement. Any cancellation or termination of this Agreement by Owner shall be made by giving Lessee written notice thereof as herein- after provided. No waiver by Owner of any breach or default shall affect or be deemed to affect any of Owner ' s rights or remedies as to any subsequent or other breach or default. 12 . AFTER TERMINATION Upon any such termination of this Agreement by Owner, all sums theretofore paid hereunder to Owner shall be and remain the property of Owner and no further consideration as rental for the demised premises or for the granting of this lease shall be recover- able by Owner except any sum or sums due as royalty prior to the date of cancellation, together with any sum or sums becoming due under the terms hereof until the date on which possession is sur- rendered by Lessee. Lessee, shall not, by reason of such termina- tion, be released or relieved from any other claim, demand or Page 4 of 6 pages liability incurred hereunder prior to such termination, and Lessee shall have no further rights on the described premises except to remove his property therefrom, as provided in -Paragraph 1 herein . Lessee shall transfer any and all gravel permits to the Owner upon such termination or cancellation. 13. It is further specifically and particularly agreed: a) Lessee and Owner shall mutually agree upon a proce- dure to be followed to record and keep track of the amount of sand, . gravel and overburden removed. b) Lessee acknowledges that the premises are leased for oil and gas exploration and production. The necessary well sites, access roads and pipeline rights of way are excluded from the lease and reserved and Lessee shall not interfere with same whether same are drilled and installed before or during the term of this lease. Said oil and gas lease and its requirements shall have full priority over this gravel lease and Lessee shall defer its operations to the oil and gas operations . c) This lease is personal to Lessee and Lessee shall not assign, encumber, or transfer its interest, directly or indirectly, without the prior written consent of Owner. d) The Lessee shall restore the premises to their state and condition as exist at this date at request of Owner, reasonable wear and tear excepted and allowance for Lessee ' s operations excepted such as pits , excavations, etc. which cannot reasonably be expected to be restored. e) The Owner shall have the right at all reasonable times to enter upon Lessee ' s operations and inspect same and to determine quantities of materials removed and examine Lessee ' s records . 14 . NOTICES Any notice of default or of termination of this Agreement and all other notices and demands in writing required or that may be given hereunder, if to Owner shall be forwarded by Certified Mail addressed to Harold F. Baumgartner, P. O. Box —44, Brighton, Colo- Page 5 of 6 pages rado, 80601 , and if for Lessee shall be forwarded by Certified Mail addressed to Board of County Commissioners , County of Weld, 915 10th Street, Greeley, Colorado 80631. 15. OPTION TO PURCHASE As further consideration for this lease, the Owner hereby grants to Lessee the first right and option to purchase the pre- mises described on Exhibit "B" , in the event the Owner, during the term hereof, desires to sell same. The premises shall not, during the term of the lease, be sold to another party without first offering same to Lessee on the same terms and shall not be sold to a third party on more favorable or different terms than those presented to Lessee. Lessee shall have twenty (20) days after receipt of the written offer within which to accept or reject any such offer. IN WITNESS WHEREOF, the parties hereto have duly executed this indenture the day and year first above written . LESSEE: 4- • BOARD OF COUNTY COMMISSIONERS ATTEST: �.t.'�- ("✓�,,.�; . .a. .J-,, COUNTY OF WELD Weld County Clerk and Recorder and Clerk to the Board BY rv(1°A ki GL_., . , . Deputy CountyC1erk • OWNER: HAROLD F. BAUMGARTNFR Page 6 of 6 pages di • • • EXHIBIT "A" ATTACHED TO GRAVEL LEASE DATED '4-- ; , 1.978 LESSOR: Harold F. Baumgartner LESSEE: Board of County Commissioners Weld County, Colorado The West 1/2 of -the Northeast 1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , and the Southwest 1/4 of the Southeast • 1/4 and the North 1/2 of the Southeast 1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , and the Northwest 1/4 of the Southwest 1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M. , Weld County, • Colorado. s EXHIBIT "B" ATTACHED TO GRAVEL LEASE DATED-_, __(_ . �c� , 1978 LESSOR: Harold F. Baumgartner LESSEE: Board of County Commissioners Weld County, Colorado The West 1/2 of the Northeast 1/4 of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , and the Southwest 1/4 of the Southeast . 1/4 and the North 1/2 of the Southeast 1/4 of Section 35 , Township 3 North , Range 68 West of the 6th P.M. , and the Northwest 1/4 of the Southwest 1/4 of Section 36 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, together with two (2) shares of the capital stock of the Rural Ditch Company and all water and water rights pertaining to the property and four (4) shares of the capital stock of Hay Seed Ditch Company. DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 a7 September 12, 1980 • COLORADO To Whom It May Concern: Your are receiving a copy of this notification because your name appears as a surrounding property owner owning surface property within 500 feet of the property under consideration or as an owner or lessee of the mineral estate on or under the subject property. The Weld County Planning Commission will review a request from Weld County for an open cut mining permit - sand and gravel on property described as follows : W1/2 NE 4 Section 2, T2N, R68W, SW 4 SE 1/4 and N1/2 SE 4 Section 35, T3N, R68W; NW1 SW1 , Section 36, T3N, R68W of the 6th P.M. Weld County, Colorado The location of the parcel of land for which this application has been submitted is: 3/4 mile east and 1/2 mile north of Del Camino If you have any suggestions or objections, will you kindly notify us in writing before September 25, 1980 . The meeting by the Weld County Planning Commission is scheduled for October 7, 1980 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at 1: 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext. 404. d\A2, Assistant Zoning Administrator rig 9/12/80 `t,-,/ -7/.'f- /y,:2c /G�j1 C,. `1L-(2- (Y-e---(c--4 ,49 ;[-CJ (-747t/AC-��/4-'a-C"/ /y73-- ?; _,di, `;. ,---- _s .1� . .its-2,-, c_--4:-( ,,,, ,, _--;--u=-_-‹_c-z-( -"('--,:2 '-2L-'-'1-i-L%--1-' al -(ii-Q -,j-Zz c? 0-4-2--e-c-' ,e Cd.r `CI /0-ix i ;),r-=4Jf -CC-• 7yf. f —� a` Ark l Occ%(c't L.P1J> ( 1,f/` L yi-�- C. ,C 21 /�-��2_�p10� az,L( 1/-c--- ,2( _.,-(7,-,-,L, ---r,1,J4.---t-C1..er--t-6-, Z.e...te, -ef,,,,.2 ,-:-, -"/ a( 111-/c A 6-,: -O-C2 -c-'_. /2,,---,L-c - 4 -21 , (//1: C-c.%11- Z_ / LC''E'- > ,, -, 7p i 4 t CrL7 -.--- i:E_ ,-c ,- C-r`- �--F t - _ - i,.C / (r fy.L.. !)Le i_ie—c_i _ _ , ),,, __-6- -c__.-)__.,J _ i?,L c _l� _ zG 7.7 i e ye:.t.t...„4._ g -3`,,e,:► ./2,/, �-c,_-C_ -(4 _,,, _1— G fa.c _`f �- fLei ha J cr2�t � �7.- �• (;),...,1:O-7,7 C-6 /2-(1?->1-4.• t Zc z(;- / 2 / L 7 `) l-(://�L L' jet-`l t�i�� i `C: T/��'�') d. • i?je:t / Alecc" C--ez-Lc L I ye-2-c L c 2'-C - 12?.' C 1 e y--/c<e--- 6'71 „_ ( \ jt�cCG Z STATE OF COLORADO COUNTY OF BOULDER Subscribed and sworn to before me this 22nd day of September, 1980 /(00-na.... „4:1".....41,- Notary Public My commission expires: October 15, 1982 Carl Stinar ;�' �� 11995 WCR 11 1/4 Longmont, CO 80501 � 'S� k� REC��ED ��'B1d zit -u FY�nf:1I1 6 mmisg �9 5612 Weld Co. Rd. 26 Longmont, CO 80501 September 20, 1980 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Dear Sirs: RE: Open-cut Mining Permit for parcel of land 3/4 mile east and 1/2 mile north of Del Camino. "An Act" The Colorado Mined Land Reclamation 1973-78. Section 5. Safety Clause. The General Assembly of the State of Colorado hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health and safety. Therefore, we the people are opposed to the request for an Open- cut Mining Permit for the parcel of land 3/4 mile east and 1/2 mile north of Del Camino for the following reasons: 1 . I feel that a permit would violate the above Act. It violates the peace, health and safety provision. The noise from the semi- trucks is terrible; also, the dust. The dust will create health problems for humans and livestock over a period of time. Our safety is also in jeopardy with fast moving heavy truck traffic. 2. Property values will decline. Just even trying to sell property, no matter how well it is fixed up, would be very difficult. Who is going to buy property where there is a sand-gravel pit in their backyard or where there is semi-truck traffic every five-to ten- minutes. I think that it is extremely unfair when law abiding citizens, who pay their taxes, have good farms, who contribute a lot to our economy, are walked on by local government. I think the manner in which Weld County has handled this gravel pit deal is very poor. First, they operate without a permit and then when they wanted the thirty-year lease, they sent letters to only those with river property. No one else was notified. Everyone should have been r , Objection -2- September 20, 1980 notified that lives on Weld Co. Rd. 26 (west of Weld Co. Rd. 13) , Weld Co. Rd. 11 1/4, Weld Co. Rd. 24 3/4. Another thing that annoyed me was that the information on this proposal was printed in the Johnstown Breeze. None of us in this area subscribe to that newspaper. Why wasn't it printed in the Longmont paper or the Greeley paper? I feel that Weld County was trying to pull a fast one and that has really rubbed me the wrong way. On top of that, I've had to pay over $6.00 worth of telephone calls trying to get water-drops this summer to keep the dust down. It was unreal trying to get this done. My calls went ignored and finally after a lot of harrassment, water drops were made con- sistently. Trying to get through to the person who handles the water drops or even to try and find out the person' s name was extremely difficult. The call would either be disconnected, left to ring or I was told that the person I needed was out, on vacation, in a meeting or could not be disturbed. Finally I just kept calling back every five minutes and on the third or fourth time was put through to a Mr. Dave Becker. Once I talked to Mr. Becker, the water drops were made, at least on Weld Q. Rd. 26, and things got a little better. I appreciate his efforts. I feel that the only fair thing to do if the County must have this gravel pit would be to build a road from the gravel pit directly to the East I-25 Frontage Road. That would eliminate the semi-trucks which are a real sore point. I'm sure you can understand the situation down here in this area. How would you feel if you had heavy semi-truck traffic going by your house all day long? Sincerely, (Ms. ) Terri H. Gillatt State of Colorado) County of Boulder) Signed before me this 19th day of September, 1980 by Terri H. Gillatt. My commission expires: 9-14-81 4-7 �-2 Notary Public \ : ' ,?,� ,% SEP 1``80 RECEIVED Ftcvltkl County l C. Planning Car�issiea � "r "An Act" The Colorado Mined Land Reclamation 1973 - 1978, Section 5. Safety Clause: The General Assembly of the State of Colorado hereby finds, determines and declares that this act is necessary for the immediate preservation of the public peace, health and safety. Therefore, we the people, believe that if the County of Weld is allowed to proceed with plans to develop or further use the land in question as a gravel operation, it will create nothing positive; but, only have negative effects. In example: drastically lowering the property value for several sections in the surrounding area, continue to damage the roads and therefore the domestic water lines which are in the roadbeds, pose traffic and pedestrian safety hazards because of the speed and careless manner of driving, and create an unpleasant and unhealthy atmosphere in which to raise our families as the result of dust, fumes and noise. We are attempting to do our share for the ecology in Weld County and to be cooperative citizens; however, it will be difficult to continue with any type of operation when our alfalfa field and pasture grass may be under water, the water table may very well be affected, the resale value drops one-third and the house is filled with dust. 4,-,, K. ��"Jam` �,,� 3 lk Janet S. England 4/ � 7 e,e 9 02 /4 Marilyn K. Rupple ,e-e7/va/14av;; / Subscribed and sworn to before me this 22nd day of September 1980. Ply commission expire" �01� !'c'SS_ 10 jotary P4l i ctS SEp 1980 CAJ 5= ari fig ammissks 9L9Occj z • ' 1 ° - - ,J.. ,i: .., 1 a -"vi_ . , 11. . 1., .V - - i ' Si'- W• l ' -5, 1 I J _t.; -: _ t :K",r .i S_ '' '_ • R t1 t1 'n 1 .. .._. _ .. 1 . _ .. 1' , -,.1'.2 C,.. _ _ - ., . .. 1 - I J.. - ' , t„ r ,JIJ r 1 ) «-;'` • _ i ,_ r r'',5 H-1 - ' 0 . ._' T „' 51;_,e , , - . - -i -r- _ _ ' t _ i _ I _ a f I .. J N. 1, 1 ...-i 'i, ' 'l o _ .. 1 i. le ' , , 1. - , -i C. t - C -...-'.4-2'f =L -1 _: - ;- t: 1 . __ i'_ f - 1 -4- ) - l ; 3,' 0 C., , . .--1 7, ₹, u . cc ,.. • _ , _ , , -5 5- . i. „c: . ] ' :o 1 L ,-: V / . / k., , 1-- J .1_ , 1- I .... State of Colorado) County of riouldera Signed before me this 22nd day of September, 1980 by Jn Ann Lesley,, My commission expires: 9-14.81 • - , �Y/{�' ! ' v_c G. —zf c 5 , / .:.- . v.—c "� ��.A,6 -•'-- �� Notary Public - °3 -.1 � 973 - 7v ,may cef -e : ail E,i4e,e, • __,t / 7 . /J A , / . -I e TTT I / r / V ! :t - r� / �/ I, ` s. ,,- %- // ,'/ - /V i L L , f _1 r �.f-/✓' ' , , i :d ! t /` . - + / ,f 4,/ /, - ... ;', '. t / ': .=t Ytt t-7(-4• -1 ,r -_ - /ti , 4 - r i i • / / ! j {" - r.j < < � _.t . I '1 ��_. ti, O / . — - ' . . _ --- +- �` — — _r_, y r _ J- .../ " t /,� • . . , , . ,. ., .., ,,, . ` i __- ,. . / . ' ., __ � ` , . _ - - '_ ' , . <, 1 _ ' , f • ' ' -, / /7 - - ��I• ' - rZ _s- - LL '- - ' j Ic '� _ ,/cr :t t t i / i j/ / `-/ ' '' t ,,/„ a �� I // . � c/' it / 1 / ' /, / f , f f . . , / • /t I 0 r. 0 ( /� �: / L C l r( /¢ L L L � / f C t C. _JJ�� C C i\ t // / / .L_ • ` ,, r /j K/ l �' { / '7 +r /zJ / / ` / t / f / / 1 . .1 • r !/ I / I• ! y -/-./: '/, ft , / -t --- , , / /,-, : / —t-- • /- - - -r , of /� i/ / Y / / �• %♦- f'-/ ' /, t . . / /.. //, ,_ , , / . , , , , L • /- !--- '-' - •/ 0 i / j: ': t_` / ~ • ,...., .. , , ,t'i _ . I 7r♦ ._ r__. . , /Yi ' •ice 7 r/ - /` ,/ / - ' , f ./ C. i _ / / ',.:1 t /, /T , 4/r`, ,,. . L L r Z L/ //./ c 1 .// r -- ;/ - - dj I- STATE OF COLORADO COUNTY OF BOULDER Subscribed and sworn to before me this 22nd day of September, 1980 /0L.. ,..2-1-C../..,- //2 ° (C%; - G7 �i�✓Y12C Notary Public My commission expires: 10-15-82 ,, ,-.---- Ill , . ,,,,,_,. ..,- ,_.,, 5,, _. SE, J r'� , —fl N♦ .'2,' •N`7tS I\ The Deparment of Planning Services September 23 , I980 915-10th Street Greeley, Colorado 8063I 1 live adjacant to the Weld County Open Fit Sand and Gravel operation, which has been operating illegally at cross road of 93/' and 243/4 near Del Camino Colorado. I object to this continuation of operation. The quality of life of the residents of the vicinity has depreciated because of the gravel operation. The noise from the operation and the trucks hauling the gravel is most up setting, and the trucks are driven in a reckless manner. Pollution has been a result of the operation. ' he neighborhood has become concerned with the increased erosion resulting from the gravel operation. The gravel operation has already substantially effected the St Vrain flood plan in violation of the Weld County Comprehensive Flan which states : Floodplains and other unsafe or unsuitable areas or building shall be kept open and free to accommodate the acts of nature. ( 7 .78) Weld County gravel operation bulldozed and butchered the solid, firm bank of the St Vrain river and the river bed which is condusive to flooding next spring. Weld County has violated local , state , and federal laws and legis- lative procedures in its gravel operation. Weld County should have never mined in this vicinity, and we object to the continuation of of the operation in its present unlawful status and object to the granting of any special use application which would expedite future operation. ,Sincerely / 0 • ��' �'. L' Z;.G John' :11‘4k .77;,74 r _. - '- _ 'ii,, ,,k , " /7 0 . 3�- , /C ll `' L-4 n� . 7/ (Z)2,_.- (i-;_ e 4-, --,::; , -,- (1--,?:-' 4,-/-'-', 7:-e--7-z6?-Z \.)- 3i,- /r-()(-6;-S«� ;- =, /9/1-- 7f- /c-; ,. , ',_,k, -Z-- ��,,e jC 1 LL l :722 <1Z(4 2.72Z4;271/6 e!' (; (C; _/ •,-/ '7 "Z'?'71 ?' 4= *'-' 1/? <1. 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ZI/i/ /2 A(a7/ e__,.. �G2 ,7 :7,-V,'6.-C'.�, n%}L Z ✓ a" _ ../-27d-2,4 l�71C"L, z, /✓_VZ' W72_,- '- , -- � ��'� � / W� (' ' -t , Z/ C �2C7 lam/ /2 'ff • / A i ; j,/,/' 7z .('7c ),zXG/c2-/et' /e ) / )11L?r -7/(-e /77/iz(' ,,./ /74'%LE ..(,/z',-,.-z77(?, , d-', (y-li, _ -- .../:- _ • , Zr r V'/ii-e- _- ,/1 .-zz L �—' -' --7, 7.�t�C' g-nom'icy/ _. 'z"ZL. • , 7:/ z;zi g- 277 :1",:l - ',2,1Z `, 2'f(y 47/- i.(.- -/-- Z/Z;-':-'( Ii/rt'/2// .iV2)("e, /:`1,,,- (/‘": (?;#- -,- -( ". /,/,/ -el ---.'e.'- 2.,',--ds/ [..„4 _,, /,?„, )&- -.e- .‘ ,A -e-z4. 7;'"?'Z44 "''6/1./47L' Ir .%',1_-)/7241'1 i-I �` /1 � i?,,}�. /! -Z,:'-f--' C fit'. (.9_ . / X72 !-7/ - -O /Z t`-2. 7 21 �7(�('4/ t1-e'. C 11)-C &(/(71(i'7 ' l'. /,%lam e, �f _..-'7a z-___-e/ - ///e v -z Z s_ // (,-,22__ i? C`^i-.,_) ' 7 - -7rl 2- /-i< :,(7,-- L'6'` 2._%E' '?'''L/ (/ ZC.:'-e„/,'L _C/_C� 2,7 f ,(j''-z,, 2- lz '4'. c=t , ,W,:° j-C('4-me t/--/f-z'z7;id; 4:.i'lC r- _' , _ke7, ,,;/, 'f(--'-' /‘'-TV_ '1;-/ ,_, --2/ ?-7— ._/4 -,',V 7/'`- �.C mot!? L%?-i.?_ ' ' ,,Ya,1f, /f ( tl/i4t4: 4/ MvZ64-,- L''' -'"J 'f-2' /Z -e- -(7f)-:/g/1:(1 ' 1///' - ''' _./ //,,,,, (7›-IJ ,--74/-7.-- ,4 -7, 4:- i, i- _ ,r7ze'_ -7/-- ? 3 2 Z''2. // 2 -tc--,' t r .t1'7 ze ��,..-d.z-:�_% ALL/, �.' �X.' `./‹L,� (/2/l ��L— y z ,.t lr=Z '' . -f-ti--,--zi, _., 7-- , ,_. _ , -77-e,,,!,,,,,,,,,,, _ ,„. (,/,,,_,-. /y-,,- ,,,c7 ,''--' . :;;',/y-.1 ' /;6rZ,,--,--, f7z- -. ._.,.-_ 7 /;16'z z _7;:/re,,P'C , ---1' - ._ �cC, = �Gli',,,�/1y2t� /4 K-,:,,, / 7--,- "�C?, L,, << `C LC iz 4,2' 74(;7/72- , - /e. iA/7Z1 Z- „../4?-?''c'/Ayg.,),L - ____;.-d2. 7/71/ 11 '. '4-9/4,-)Ce-?/ ,/, 41,! - _4,1,-.4< ,,/ `-' i- ( 'I 1 it '-2 L 2/z(-,,:7 1,k27),y-2( 7) (hz- i-e: x--"' ' 2A-)., �C • t ( 1�N, G e SEP 1980 `-c ., L `I��' tL �C �` RECEIVED t: I , � J Weld County ? / \trI'' Planning Commission , /-7a' _"(4,-,-e -4/-(-. 7t,--,:— ( // r-,:?____ /,'"( 1-: (,;‘ ‘0, 47icir— IP i 7L_ 7-2 ,,,___ t,-2.L e-_/-7"C,, i"L -Ec-/ ,z,--,7,-(��L.''-)7C-, e, ✓ L l^ �'ZE_ SC i Il., �-`"�'/),-,,,--,,� Cl,� J�L>-,-/ - ,,,/ -�'�;� etc' _ �� G j ,La,/'-X, /�orc1 .� / :,,,4/1 / �• 't � ,- . / 'n, '',,113 , c e1 / r ` ., 4 Horton Frickey & Arrociater rA I Rttorneys-at-Low 151 Federal Boulevard Denver Colorado 80219 303 934-2464 florton(rickey Dan II.Hover Howard Flicker Donna R.Salmon Don W.Corson September 24, 1980 Department of Planning Services 915-10th Street Greeley, Colorado 80631 Re: Special Use Application by Weld County, Colorado, for Open Cut Mine Permit, at a location approximately one mile east of Interstate 25 and along and south of St.Vrain Creek, known as the Hokestra Pit Gentlemen: I am the attorney for Messrs. John P. Slovek, Sr. , John P. Slovek, Jr. , Gary W. Slovek, and Michael S. Slovek, who are the owner of approximately twenty-two acres of real property adjacent to and north of the Hokestra Pit. My clients wish to pose a strenuous objection to Weld County's application for a gravel mining permit on the subject site, which application is set for hearing on October 7, 1980. Weld County has been mining gravel at the subject site since approximately April , 1978, without benefit of any local or state permit. Weld County is presently subject to an injunction issued by the Mined Land Reclamation Board of the State of Colorado which prevents further mining at the subject site. Weld County is also presently subject to a cease and desist order issued by the Department of the Army, Omaha District, Corps of Engineers, in regard to Weld County's operating in the St. Vrain River and destruction of the St. Vrain River hank. A copy of the letter issuing the cease and desist order is attached hereto. The Army Corps of Engineers and a private hydrologist hired by my clients have both come to the conclusion that Weld County's reckless mining operations and destruction and tampering with the St. Vrain River bank have created a situation dangerous to my client's property and personal safety in the eventuality of high water. I hope to provide you with copies of the hydrologist's report before the October 7, 1980, hearing. Both the corps and the hydrologist have come to the conclusion that Weld County's operation caused substantial flooding on and destruction to my client's property on May 1 , 1980. d, , Department of Planning Services September 24, 1980 Page Two More specifically to the matter at hand, the granting of a permit to Weld County would be in contradiction to the Weld County Extraction Plan. The quality of life of my clients, as well as other residents of the vicinity, has been substantially depreciated by Weld County's operation in the past, which condition would continue. The noise from the operation has been unbearable to my clients. Weld County trucks are driven in a reckless manner. Dust pollution is a continuous result. The operation has already substantially affected the St. Vrain flood plain in violation of the Weld County Comprehensive Plan, which states: "Flood plains and other unsafe or unsuitable areas for building should be kept open and free to accommodate the acts of nature". My clients object to the granting of a special use permit which would continue the above violations. Very truly yours, NORTON FR I CKEY AND ASSOCIATES BY: a..., A t.,c�� .- Dan W. Corson DWC:emf Encl . , cc: John P. Slovek, Sr. r; v CEP 1 � 98 '6 V flannfag ea..:.1 � ,n c" r mow Mailing List - Weld County SUP 441-80:31 September 12, 1980 Richard and Margaret Vogel Frank and Edith Barnes Rt. 1 Box 292 Longmont, Colorado 80501 Conrad and Martha Hopp 6519 Weld County Road 34 Platteville, Colorado 80651 Carl Adler 858 3rd Avenue Longmont, Colorado 80501 Joh, Sr. and John Jr. and Gary and Michael Slovek 5334 Kendrick Ct. Golden, Colorado 80401 - Otis and JoAnn Lasley 4961 Weld County Road 24 3/4 Longmont, Colorado 80501 Robert and Myrtle Williams 4379 Weld County Road 24 3/4 Longmont, Colorado 80501 Larry and Roaslie Dombrowski 4777 Weld County Road 24 3/4 Longmont, Colorado 80501 Gary Booth and Theador Blehm 5065 Weld County Road 24 Longmont, Colorado 80501 f p ci 0 a 0 1 v co • V o O r r—+ ro 0 • cOd .V 4 U; U O 0 .t b \-J O 0 Cr) O �I� I--) cdi1C.7 M 1,--, if- CI r ' 4 t7 > c= L , , y •_,'�.'` n - W Ub t / _.l �� % �l N //'Yl �\ -- --‘ -'"--1.7-6- (1) /77 i '-' i.ssoa oavao1oo kaL)P 441 \--14- 1-uRcL Y)r)akr_d_otRiat, Vipitik) er._v2p_o, ` '%/ c2 C , 3050I artRgril, app OCID OOL&JQJ 868 Ofd Auf2_, gyorrtyn0-71L) EaS-Q U. �,. e UG 1 fialky y rho L &J Ve J $'334 1 RL&L 670 _010) a04.6)/ 4q,/ c.c .P� 4 g/4 ca>2 `11)67-2.t. , 9 07) � r th. 4-819 u J 4 3/4 mo , .f a c ) jjakatd r �t .�' UCH��i _• '%: h Li Wad. v (/-6-k ct` Y..,c. - ) Sup 441 • ca, ---ems E&t Js s 0 lath -9 - zip -- co-5- - 80 I Cot,e,5 wn '(sic k U- L o✓tf VOck Lax_ z; YrTY?-r r 7} , eMLl,KluoUC 1,ad`i - 3L0 _ (7)-3o -74 ILA/14311- C b> -iic -L I Rte ,- cia. Ic mcJ p)c Ga 1 1X0'-1 Ala - - cm:) 1 11- 4 -` 11 15-711 \ uJ� L0519 19 u.x_ )d_LQ> , 3c 5I w I - s - 1 C add_o_c- R_L E3Q 1 c-o`1 I t_0-'18 11535 E' 4, wfl 31Ove)r- , GoLt-t -1)(ai_cho)A 5534 Y nr. c-L C . �� , . ?d1C1 SE SS i c i- 3S 0a4 Cab Lt.6. 4q Lc 1 U [?_ &d- 3/4. Rrrc m L� )5b1 CUYVOLCA • LI) 113 - Q&1R1 C i;eR). FL. E \E 1313 - l c►Q tv tog I`5Oe3 L-LAD 41±Q, L ti.i.ul 1J 1E 1313- c>an )9aQ' RLd-- --f-codag ) ayynk)Retk,i-ok ; 4'7'7`7 wa 4 3/4 `3E#.3E:.. . 131-3 - 'Booth ` eacLOR, hm � -�- (Q.4 lam^ .,ti /lit I ;4- -_� ' , WATER CONSERVATION BOARD LETTER OF 9/17/80 From Randolph Seaholm Weld County has contacted the Army Corps of Engineers regarding information on the St. Vrain Flood Plain. Although the study is not completed, preliminary maps and data have been supplied by the Corps. The County is presently having the proposed op- eration analized, using the Corps information, to determine what effects there may be on flooding. The mining operation will ' be constructed in such a mannner that the 100 year flood will pass without adverse effects on others . Stock piles of materials will be parallel with the river to minimize flow restriction. The attached sketch shows a proposed typical layout. It will not be possible to keep the crusher or stock piles out of the flood plain. However, any permanent storage of fuel will be done out of the flood plain. The 100 year flood plain and flood way is presently being put on the application drawings according to maps supplied by the Corps. /1--------2-5' / 1 m /______71,/____f,cn o I 1 i:— -- - -- - - - - -- -- - - - - -- * I 600 =_ -lI I______ _.....__ ___I I II I TI II I i 1 I I I II -o II n II D 0 0 o /I I , � \I r- o 0 0 O I I 1 i soo,R o I I I I N ,I I II a n � I n c I II < 0 I n 0 = z o I I - m o I z -D o • cn Do n o • o I I i r r o o c it » m m -13 F I- ,i II I \ 1; I m cn n m ' \ l D m I it ' _ , O x I I c c it , I C H •....—.) li I m I N �CD ' / I I C 1J I i ti ; T I I Immo: _ ? IIN ;1 n I I I o 1H I I Dn DlO1--- m I z .. I I0' m • I I I — Ii _ I I { I v - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I DIVISION OF WATER RESOURCES LETTER OF 9/25/80 From Hal D. Simpson Weld County will need considerably more water than estimated in the application in order to wet unpaved haul routes. Therefore, a well permit will be applied for upon approval of pending permit applicat- ions. A water augmentation plan is presently being prepared by Western Technical Service to compensate for road wetting and evaporation losses . Weld County will have 2 shares of the Rural Ditch, which yields approximately 231 acre feet annually. A dewatering operation is not planned at the present time. The County will submit amended plans if the dewatering option should be used. U. S. Army Corps of Engineers Weld County has received a "Cease and Desist Order" from the Corps regarding any work in the St. Vrain. Since that time meetings with Corps ' representatives have been held and a 404 Dredge and Fill Permit has been applied for to repair the creek bank in accordance with the Corps ' direction. A copy of the proposed work is attached. Note that the berm to be left between the gravel pond and the St. Vrain is to be the same as the river bank. 1320 = H 1 1 I 1 Pk -.1 _- - - - -__=_____. . ...._, _ _____.,....„-__ _...___,4 ,--..- \\\t NO SCALE \\\\\\\\\ _ _ • s \\\` J -- - 1 ,1. \\ " Q 1 GRAVEL 1 POND / I ( I ' GRAVEL t I• POND I I ` FUTURE MINING ( I I ' I •N,.7., AREA _1 L J I O I J 7- , QI p I} v / I F- e_ I x1 w O I WI o I� a I NI . SITE LOCATION FOR ST VRAIN CREEK cc IEL 3 ' 404 PERMIT Q a�I W i I I i 100' I 2-11 VEGETATIVE ELEV SAME AS COVER RIVER BANK I - . RIP-RAP _JI I . . - • . .-IL f - 3 . - FILL FROM 3- . GRAVEL GRAVEL POND . • • • CREEK POND ` - SECTION A-A NO SCALE PROTECTIVE BERM TO REMAIN BETWEEN GRAVEL POND AND ST. VRAIN CREEK HOKESTR A PIT DATE OCT 3, 1980 SIGNED /1,7 WELD COUNTY ENGINEERING C P� COLORADO GEOLOGICAL SURVEY LETTER OF 9/24/80 From Stephen D. Schwochow There are presently structures over the Last Chance Ditch on the haul route that the County will maintain during the operation. Staging was established in order to remove the largest quantity of material at the lowest initial cost. Crossing the St. Vrain is not anticipated for some time. LONGMONT SOIL CONSERVATION DISTRICT LETTER OF 9/26/80 From Leo Berger There will be no mining within 50 feet of any irrigation ditches. TRAFFIC PLAN The County anticipates removing approximately 200, 000 Tons of material annually. The following basic parameters for the operation project the traffic. 200, 000 Tons/year 25 Tons/truck 200, 000 25 = 8000 Loads per year 8 trucks on operation at 1 load per hour 10 Hours per day 8 X 10 = 80 Loads per day 8000 loads per year = 100 days 100 loads per day 10 hours X 60 min = 1 Load every 72 min. 80 loads per day ' ,<4.. �'• '�'' .,syZ .yr�.,r F.3, },� �`Fty„ ,yi -. s �H- K S`a' 3r�, ''%7f�= ' �� tr i... _ti - - I. 53 Flood Hazarc ,verlay District • 53 . 1 Finding of Fact. The FLOOD HAZARD AREAS of Weld County are subject to periodic inundation which results in health and safety hazards , loss of life and property, disruption of coerce and governmental services , extraordinary public expenditures for flood protection and relief, and impairment of the tax base , all of which adversely affecresidentsublic heaof WeldltCountyetyThese floodeneral welfare of the • ,k*'s t'ba+._i sRyi .. .ci:' ...::. i'.;a i:r . , .e_ 4" - 3„ ay, , ., _.e, -,4..---:`,'v { 71: r.._v"` r +i 's s• 1 ,R x" .0. 'n "°S-1;x _�,s� 1'' -4,"` _ ,.. .,.' ,,,47/.., Y,,, , I.ks4ft1, `+1' }L tl-. -+r 4 ^ p n ' .9..,. ' ..`"• i e 4-, +'.k 'e xF N4:1, '•Jx"F ,z.. }r ,' ' E`.-ell - ', .` rrddz -.+x'+„ 't+ ,,,,,if.$� �. e r _ 1 r�.^*,. 'A''f '+S ' -� r .�.. 4i. ww. N q_, ''3r` tiro-; r-j=`- " �` '`I+,;• .,' .L... yt s.. R ,�,� -. t ; axe �a .'•"- .w 'S >-^ .: '?". .-ti 'x+'� .E�"_ '.4 ',", Ya� ="iA,F „yt'+ 7 �' ' - s c x� _''.,tj, `x,S-;ir ---,�" ..- _'''', x 1,' 7, "±'; �. .'' "1 x ,: `r �F _ I m. �,.,5,...4,4,0,--74,-1„k,- atefr, , {n"-'sw 3s^ .`{+-,-eiv- Y `_,-•,` r j-..--,.. .,--„-,-----1- i+chtlee;v- 0, � ; : c J[ t. ' 'y.-':` t._ -+ ' y4� ° r '3i ! d +er� tof. - { :'k_ 2i' " .:}a ,:. * ':e•A �"`- 9+ed#'�is.? zn. Y U'- "'„ to $ y •�i >-c, y'r c b-1 il. ,,,. � .. - , ,`,:,.*•, ;4' � , _ y" 1''90 -c-e4", _� 4 ,:ie . '' ., .r. '' & FNe r , _ Vii{ 3 y T. t F ,.ar, y '� F �' gq 5 r .+xn.,. IF,f. y a 9 4-cS" � e -c�� 4" , 1,. a. .g ., ' *,x,,,y .F. `,4,7e 1 h.."'" �`- ,�,4.-. ,11- ask''` �:7' 4 T t^"°,z44' , - ' v -, +„ t- v ;.s-as ' ""7 s 'X„L Tby° '' rdsyet r f 7 X{-;. 4- p.'' ,1�_yfes '" ,,��`, =,y a t? ., .' ase� -v �" 3 m :, ?M, �t. + "'z� vr'' 14._ i; c . -.. .— e k'...yy,p �M N` �, ,,v eta a14 �....,Ye' b• • - ,.:L.rt7i is• >i.'i' Y i:ii.mt.�fHt'i,a.,iw�r -.itl• Y,rr ,.rLi-+ .H7'! '°�,�7t, ,e"3 - .• ' / .D - c! losses are used by the cumulative ( ect of obstruc- tions in FL_ _D HAZARD AREAS which increase flood heights and velocities and dama;;e USES in other areas . USES that are inadequately FLOODPROOFED , ELEVATED or other- wise protected from flood damage also contribute to flood losses . 53 . 2 Purpose. The purpose and intent of these floodplain regulations shall be to : 53. 2. 1 Protect human life; 53 . 2. 2 Minimize the need for rescue and relief efforts associated with flooding which have historically been undertaken at the expense of the general public; 53. 2.3 Insure that those who occupy FLOOD HAZARD . AREAS assume responsibility for their actions ; 53. 2.4 Minimize expenditure of public money for costly flood control projects; • 53 . 2. 5 Minimize prolonged business interruptions; 53 . 2. 6 Minimize damage to public facilities and utilities such as water and gas mains, electric , telephone and sewer lines, streets and bridges located in FLOOD HAZARD AREAS ; 53 . 2.7 Promote the public health, safety and general welfare. 53 . 3 Disclaimer of Liability. The degree of flood protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and engineering considerations . Floods larger than the INTERMEDIATE REGIONAL FLOOD can and will occur on rare occasions . Flood heights may be increased by man-made or natural causes . Nothing in these Regulations shall be construed to mean that land outside the FLOOD HAZARD AREAS or USES permitted within such areas will be free from flooding or flood damages . This Regulation shall not create liability on the part of Weld County, any officer or employee thereof or the Office of Insurance and Mitigation of the Federal Emergency Management.Agency for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. 53 . 4 Definition c - Flood fla;:;ird Districts . —here are hereby established Weld County, Colorado , ,o flood hazard overlay zoning districts . These districts are referred to as the Floodway and Floodprone Districts . The Floodway District includes one zone district classification which shall be referred to as the FW (Floodway) District . The Floodprone District contains two zone district classifications . One zone district shall be referred to as the FP-1 (Floodprone) District and the other shall be referred to as the FP-2 (Floodprone) District . 53. 4.1 The FW (Floodway) District includes land which is within the high hazard area of an INTERMEDIATE REGIONAL FLOODPLAIN. This includes the channel of a river or other watercourse and the adjacent land areas required to carry and discharge the largest part of the BASE FLOOD flow. The FW (Floodway) District is shown on the Official Weld County Flood Hazard Overlay District Zoning Maps. 53 . 4. 2 The Floodprone District includes all the • land within the INTERMEDIATE REGIONAL FLOODPLAIN which is outside of the desig- nated FW (Floodway) District on the Official Weld County Flood Hazard Overlay District Zoning Maps . The Floodprone District is a lower hazard area which serves primarily as a storage area for the floodwaters of an INTERMEDIATE REGIONAL. FLOOD. The Flood- prone District zone classifications FP-1 and FP-2 are shown on the Official Weld County Flood Hazard Overlay- District Zoning Maps. 53 .4. 2. 1 The FP-1 (Floodprone) District as shown on the Official Weld County Flood Hazard Over- lay District Zoning Maps corresponds to Zone A on the Federal Emergency Management Agency ' s- Flood Insurance Rate Maps . The FP-1 District includes the approximate area of the 100-YEAR FLOODPLAIN where the BASE FLOOD WATER SURFACE ELEVATIONS and other flood hazard factors have not been determined. 53. 4. 2. 2 The FP-2 (Floodprone) District as shown on the Official Weld County Flood Hazard Overlay District Zoning Maps corresponds to Zones AO through A30 on the Federal Emergency Management Agency ' s Flood vvv - - /S-(A Boundary and Floodwa laps and the Flood In:urance Rate Maps . The AO zone is described as an arca of the 100-YEAR FLOOD PLAIN where shallow flooding may occur. Zones Al through A30 are described as areas of the 100-YEAR FLOODPLAIN where BASE FLOOD WATER SURFACE ELEVATIONS are shown and flood hazard factors have been determined. • 53 . 5 Interpretation and Application 53 . 5. 1 The REGULATORY FLOOD DATUM in the FP-2 and FW Districts shall be determined by adding one (1) foot to the WATER SURFACE ELEVATIONS or FLOOD WATER DEPTH figures as shown on the Official Flood Hazard Overlay District Zoning Maps . The REGULATORY FLOOD DATUM in the FP-1 District shall be determined by adding one (1) foot to the WATER SURFACE ELEVATIONS or FLOOD WATER DEPTH figures determined as a result of a floodplain study conducted under the requirements • of this Ordinance. 53 . 5. 2 Nothing in these regulations shall be con- strued as exempting an applicant for a Flood Hazard Development Permit from any other Weld County regulatory requirements . 53 . 5 . 3 The LOWEST FLOOR ELEVATION of STRUCTURES without a BASEMENT shall be considered to be the elevation, above mean sea level , of the top of the FOUNDATION of the STRUCTURE. The LOWEST FLOOR ELEVATION of STRUCTURES with a BASEMENT shall be considered to be the elevation, above mean sea level , of the floor of the BASEMENT of the STRUCTURE. The LOWEST FLOOR ELEVATION of a mobile home shall be considered to be the elevation, above mean sea: level, of the MOBILE HOME PAD. 53 . 6 FW (Floodway) District 53 . 6. 1 Uses Permitted. USES listed as allowed by right, ACCESSORY USES , and USES BY SPECIAL REVIEW in the UNDERLYING ZONING DISTRICT may be permitted in the FW (Floodway) District subject to the following conditions . - E /S 7 53 . 6. 1 . 1 USES allowed shn11 co )rm to the require- ments of the UNDERLYING ZONING DISTRICT. 53 . 6. 1 . 2 USES allowed in the UNDERLYING ZONING DISTRICT_which require a building permit or mobile home permit shall, in addition, obtain a Flood Hazard Overlay District Development Permit. Any USE which results in an ALTERATION or RELOCATION of a WATER- COURSE within the FW (Floodway) District shall receive a Flood Hazard Overlay District Development Permit. 53 . 6.1 . 3 All new construction or SUBSTANTIAL IM- PROVEMENT of STRUCTURES in the FW (Floodway) District which requires a building permit or mobile home permit shall be FLOODPROOFED to the level, or above, of the. REGULATORY FLOOD DATUM in the following manner : 53 . 6. 1. 3 . 1 All new construction or SUBSTANTIAL IM- PROVEMENT of DWELLING UNITS shall have the LOWEST FLOOR ELEVATED to , or above, the REGULATORY FLOOD DATUM. 53 . 6. 1. 3 . 2 New construction or SUBSTANTIAL IMPROVEMENT of STRUCTURES other than DWELLING UNITS shall be FLOODPROOFED either by ELEVATING the STRUCTURE or by making the STRUCTURE WATERTIGHT below the REGULATORY FLOOD DATUM. 53. 6. 1. 4 No USE shall be permitted which would result in any increase in flood water levels during an INTERMEDIATE REGIONAL FLOOD. 53 . 6. 1. 5 All new or replacement domestic water wells or water supply, storage, treatment and distribution systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems by an INTERMEDIATE REGIONAL FLOOD. 53 . 6. 1 . 6 All new or replacement sanitary sewer treatment systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharges from such systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD. ' �., a 53 . 6. 1 . 7 and within the FW (Flooc'- --y) District shall ..ot be used for the stor, _ or placement of the following : flammable or explosive materials , sand and gravel and other mineral deposits , FILL material, and materials that , in times of flooding , are bouyant. 53 . 7 FP-1 and FP-2 (Floodprone) Districts 53 . 7 . 1 Uses Permitted. USES listed as allowed by right, ACCESSORY USES and Uses by Special Review in the UNDERLYING ZONING DISTRICT may be permitted in the FP-1 and FP-2 (Floodprone) Districts subject to the following conditions : 53 . 7 . 1 .1 USES allowed conform the the UNDERLYING ZONING DISTRICT. 53 . 7 . 1. 2 USES allowed in the UNDERLYING ZONING DISTRICT which require a building permit or mobile home permit shall , in addition, obtain a Flood Hazard Overlay District Development Permit. Any USE which results in an ALTERATION or RELOCATION of a WATER- COURSE within the FP-1 and FP-2 (Flood- prone) Districts shall receive a Flood Hazard Overlay District Development Permit. 53 . 7 . 1 . 3 All new construction or SUBSTANTIAL IMPROVEMENT of STRUCTURES in the FP-1 and FP-2 (Floodprone) Districts which requires a building permit or mobile home permit shall be FLOODPROOFED to the level , or above, of the REGULATORY FLOOD DATUM. New construction or SUBSTANTIAL IMPROVEMENT of all STRUCTURES which require a building permit or mobile home permit may either be ELEVATED to the level , or above, of the REGULATORY FLOOD DATUM or may be designed and built to be WATERTIGHT below the level of the REGULATORY FLOOD DATUM in order to be FLOODPROOFED. 53 . 7 . 1 . 4 STRUCTURES which are designed to be WATER- TIGHT below the level of the REGULATORY FLOOD DATUM shall be designed and built to be capable of resisting the hydrostatic and hydrodynamic forces expected at the building • site during an INTERMEDIATE REGIONAL FLOOD. � .� 15 - 9 53 . 7 . 1 . 5 All new or replacemen omestic water wells or water supply stora,sc , treatment and distribution systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems by an INTERMEDIATE REGIONAL FLOOD. 53 . 7 . 1 . 6 All new or replacement sanitary sewer treatment systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharges from such systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD. 1J - /C ' , " 25 Flood Haz ' Overlay District Develo !nt Permit - 25. 1 Intent. The intent of the Flood Hazard Overlay District Development Permit is to ensure that proposed building sites , DEVELOPMENTS and STRUCTURES which are to be located within the FW (Floodway) District and FP-1 and FP-2 (Floodprone) Districts are safe from flooding . 25. 2 Applicability. No building permit or mobile home permit shall be issued nor shall any building or STRUCTURE which requires a building permit or mobile home permit be erected, constructed or SUBSTANTIALLY IMPROVED within _ the FW (Floodway) District and FP-1 and FP-2 (Floodprone) Districts until a Flood Hazard Overlay District Development Permit for such a building or STRUCTURE has been approved by the Department of Planning Services . Any person filing an application for a Flood Hazard Overlay District Development Permit for a STRUCTURE or mobile home is required to comply with the procedures and application requirements listed in this Section 25, et . seq. Any person filing an application for a Flood Hazard Overlay District Development Permit which involves only the ALTERATION OR RELOCATION OF A WATERCOURSE is required to comply only with the application requirements listed in Section 25 . 4. 8 , et. seq . 25.3 Duties of the Department of Planning Services 25 . 3 . 1 The Department of Planning Services shall review the Flood Hazard Overlay District Development Permit application and determine if the application requirements of this Section have been met by the applicant. If the application is not complete as required the applicant shall be notified of specific deficiencies . 25 .3 . 2 The Department of Planning Services may forward copies of the complete application to any group or agency whose review and cownient is deemed appropriate by the Department of Planning Services . The group or agency to whom the application is referred shall review the application to deteLuiine compliance of the application with any standards of the group or agency. The failure of a group or agency to respond within ten (10) working days shall be deemed to be a favorable response to the Department of Planning Services . The reviews and comments solicited by Weld County are intended to provide the Department of Planning Services with information related to the proposed is- / Flood f;r.:ard Overlay ; trict Develop- ment Pcimit . Weld Couiicy may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the Department of Planning Services . The authority and responsibility for making the decision to approve, approve subject to conditions , or deny the Flood Hazard Overlay District Development Permit application rests with the Department of Planning Services . 25. 3 .3 As soon as practicable after a decision has been reached, the Department of Planning Services shall notify the applicant in writing of the action taken on the Flood Hazard Overlay District Development Permit. 25. 3 . 4 In case of disapproval the Department of Planning Services shall notify the applicant and shall specifically indicate the reasons for the decision. 25 . 3 . 5 In case of approval the Department of Planning Services shall affix to the appropriate building permit or mobile home permit application a certification of approval of the Flood Hazard Overlay District Development Permit . This certification of approval shall- include the signature of the Department of Planning Services authorized representative, a list of any conditions imposed as a part of the Flood Hazard Overlay District Development Permit approval and one copy of the information submitted by the applicant as a part of the Flood Hazard Overlay District Develop- ment Permit application. 25 . 4 Standards . 'he Department of Planni Services shall not issue a Hazard Overlay Di:tricL Development Permit until it has determined that all applicable standards specified in this section have been met by the applicant. 25 . 4 . 1 The applicant has met all applicable conditions listed in Sections 53 . 6 et . seq. and 53 . 7 , et . seq. of this Ordinance. 25 . 4. 2 A registered professional engineer has , certified that all STRUCTURES which are . ELEVATED in order to be FLOODPROOFED are designed so the LOWEST FLOOR is ELEVATED to , or above, , the REGULATORY FLOOD DATUM. The certification shall state the elevation of the Regulatory Flood Datum at the building site and the proposed elevation of the LOWEST FLOOR of the STRUCTURE. 25 . 4. 3 A registered professional engineer shall certify that all STRUCTURES which are not ELEVATED in order to be ,FLOODPROOFED are designed so the STRUCTURE is WATERTIGHT below the elevation of the REGULATORY FLOOD DATUM and that the STRUCTURES are designed to be capable of resisting the hydrostatic and hydrodynamic forces expected at the building site during an INTERMEDIATE REGIONAL FLOOD. The certification shall include the elevation above Mean Sea Level of the REGULATORY FLOOD DATUM at the building site and the proposed elevation of the lowest floor of the structure. 25. 4. 4 A registered professional engineer shall certify that all new or replacement domestic water wells or water supply, treatment, or storage systems are designed to prevent inundation or infiltration of floodwater into such system by an INTERMEDIATE REGIONAL FLOOD. 25. 4. 5 A registered professional engineer shall certify that all new or replacement sanitary sewer systems are designed to prevent inundation or infiltration of floodwater into such system and to prevent discharges from such systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD. 25 . 4. 6 If the proposed USE or STRUCTURE is to be located in the FW (Floodway) District , a registered professional engineer shall certify that the proposed USE or STRUCTURE, when built, will not cause any increase in floodwater levels during an INTERMEDIATE REGIONAL FLOOD. /S— /3. 25 . 4 . 7 If the propu wd USE o STRUCTURE is to be located in the FW (Floodway) District , a registered professional engineer shall certify that the proposed USE or STRUCTURE, when built , will not limit or restrict the flow capacity of the floodway. 25. 4 . 8 If FILL material is to be used to elevate a STRUCTURE in the FP-1 or FP-2 (Floodprone) Districts a registered professional engineer shall certify that the FILL material is designed to withstand the erosional forces associated with an INTERMEDIATE REGIONAL FLOOD at the building site. 25. 4. 9 Any USE or DEVELOPMENT which causes or results in an ALTERATION OR RELOCATION OF A WATER COURSE shall comply with the require- ments listed below. If the USE or DEVELOP- MENT does not include any new construction or SUBSTANTIAL IMPROVEMENT of STRUCTURES and it only includes the ALTERATION OR RELOCATION of a WATERCOURSE, compliance with the following standards is the only requirement which needs to be met before the Department of Planning Services may issue a Flood Hazard Overlay District Development Permit. The applicant shall provide evidence that : 25 . 4. 9 . 1 Municipalities within a three mile radius of the proposed ALTERATION OR RELOCATION have been notified in writing of the proposed ALTERATION OR RELOCATION. 25. 4. 9. 2 The Colorado Water Conservation Board has been notified in writing of the proposed ALTERATION OR RELOCATION. 25. 4. 9 . 3 The office of Insurance and Mitigation of the Federal Emergency Management Agency has been notified in writing of the proposed ALTERATION OR RELOCATION. 25. 4. 9 . 4 A registered professional engineer shall certify that the flood carrying capacity within the ALTERED OR RELOCATED portion of the WATERCOURSE will remain the same after the ALTERATION OR RELOCATION as existed prior to the ALTERATION OR RELOCATION. The certification shall also provide evidence which substantiates that the ALTERATION OR RELOCATION shall not adversely affect land- owners upstream or downstream from the ALTERATION OR RELOCATION . I Applir - • ior� cquirerncnt:; , Floc, Develc lent Permit - hazard Overla include the following information . y District less than the f specified requirementscations submitted for review shall rshallanotns cacce tedy for review unless the applicant has submitted be accepted approved by the Department of to and had n justification as to why Planning Services pertain Co the proposed a loment. requirementwdoesenot development. • 25. 5 . 1 The applicant shall provide a map which accurately displays the followin The map shall be g informatic by twenty-four (24) inches hig thirty-six (36) inches wide. drawn in ink on mylar or other reproducible It shal be material approved by the Department ofPlanning Services . 25. 5 . 1 - 1 The name and address of the owner, property 25. 5. 1 . 2 A legal description which describes the Section, Township and Range of the property.25. 5 . 1 . 3 Scale and north arrow. 25. 5 . 1 . 4 Existing ground elevations, above mean sea level, at the building site. This information shall be certified to be accurate by a registered professional engineer or a licensed surveyor. 25. 5. 1 . 5 WATER -SURFACE ELEVATIONS of the REGIONAL FLOOD at the buildin INTERMEDIATEg site. information shall be certified to be accurate by ,a registered professional engineer or licensed surveyor. 25. 5 . 1 . 6 Boundaries of the FP-1, or FW (Floodway) FP-2 (Floodprone) re Districts on the property. need be shownoonlf he FW (Floodway) District available on the only Weld he rCounty l ' Hazard Overlay District Zoning County Flood 25. 5. 1 . 7 Maps . _ A plot plan which shows the location, exterior dimensions and distance from lot pe� or property lines of each proposed STRUCTURE. 25. 5. 1 . 8 Proposed vehicular access to the 25 . 5. 1 . 9 property. A narrative report or graphic description which explains how the standards of Sectio 25 . 4, et . seq . of the Ordinance will be n met by the applicant. /5 - 15 25 . 5 . 1 . 10 Any other relevant it rination which may be required by the Department of Planning Services . 25 . 5. 2 If an application does not include the construction or SUBSTANTIAL II`TROVE?,s.NT of any STRUCTURES but it does include the ALTERATION OR RELOCATION OF A WATERCOURSE the applicant need only substantiate that the standards specified in Section 25. 4. 8 et. seq. have been met . a : SUP-441:80:31 P . C. -ear_n g D a I e : October 7, 1980 _'rnp1 i cant : Weld County Properly Owner : Thomas Cowan Edward Brown Size of Parcel : Staff Member to Contact : 239.86 acres more or less Chuck Cunliffe Legal Description : W2 NE1 , Section 2, T2N, R68W SW14 SE 4, and N1/2 SE 4y Section 35, T3N, R68W NW14 SWk, Section 36, T3N, R68W Location: 3/4 mile east and z mile north of Del Camino Existing Zoniiig: Agricultural Request : Open cut mining permit and sand and gravel - Hokestra Pit Possible Issues Summarized from Application Materials: 1. Compatibility with surrounding area 2. Adequate supply of water for the operation 3. Whether or not operation will obstruct passage of 100 year flood; identification of floodplain boundaries 4. Nine letters of objections have been received from residences living in area regarding dust, traffic, property values, etc. • CC:rg 10/1/80 Hello