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HomeMy WebLinkAbout20060562.tiff DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue,Greeley,Colorado 80631 Phone (970) 353-6100,Ext 3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED RECEIPT tt/AMOUNT tt IS CASE tt ASSIGNED APPLICATION RECEIVED BY PLANNER ASSIGN ED To be completed by APPLICANT is accordance with procedural guide requirements 1 I (we).the undersigned, hereby request a hearng before the Weld County Planning Commission concerning a proposed sand andgravel (gravel,coal, borrow pit,etc ) mining operation for the following described unincorporated area of Weld County Legal Description Portion of the NW 1/4 ,Section_25,Township_1 North, Range 67 West Flood Plan r14 Zone District A . Total Acreage 135 ,Overlay District No Geological Hazard No .Airport Overlay District No 2 Surface owner(s) of area of land described Name Asphalt PavingCompany Address Golden,CO Phone 303-279-6611 Name Address Phone 3 Owner(s) of mineral rights or substance to be mined Name Same as Applicant Address Phone Name Address Phone 4 Applicant's name Asphalt Paving Company EmailAddress Address _14802 Wa44113 AvQ G91den GQBQ4Q3__ __Phone _i1Q&_279,x- Sz11 5 Identify any prior permits for mining held by appicant or affiliated person I (We) request that the following described properly be designated a Recorded Exemption by the Weld County Board of County Commissioners I (We) hereby depose and state under penalties of perjury that al statements, proposals,and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge Signatures of all fee owners of property must sign this applcat n If an Authonzed Agentsigns, a letter of authonzatcn fro all fee owners must be included with the apptcatlon If a corporation is the fee owner. notarized evidgpce mus e included showing the signatory has to legal authority to sign for the corporation siO re wrier or u orized Agent at Signature Owner or Authorized Agent Date L./ l' 15 EXHIBIT 02- 2006-0562 Page 1 of 1 Michelle Martin From: Maureen Jacoby [mjacoby@banksandgesso.com] Sent: Tuesday, December 06, 2005 2:48 PM To: Michelle Martin Subject: USR-1533 Asphalt Paving info Hi Michelle, You asked the other day about where the dewatering water from this site would go. Phase 1 water (if any, it's quite shallow)will be pumped into the Brighton Ditch. Asphalt Paving Company owns ditch shares and has discussed this issue with the ditch board previously and they are amenable. Phases 2 and 3 water will be pumped to the Consolidated Mutual ponds to the east of Wattenberg, through an existing pipe under Caroline Ave. at the south end of Wattenberg. This pipe was installed specifically for this purpose some time ago, and no additional improvements or disturbance to the County Road will be required in this area. Also, based on our neighbor meeting yesterday and previous discussions with the Wattenberg Improvement Assn., we will be redesigning the landscape plan somewhat to include screening berms in specific locations and adding or moving some of the proposed trees. This modified plan will be available for the rescheduled PC hearing (either Jan or Feb, depending on what is available), and we can possibly get you a copy prior to that time if necessary. We are also preparing a proposal for Public Works that will include an acceleration lane, additional signs, warning lights and possibly rumble strips along CR6, and hope to get that proposal to Don Carroll before Christmas. Please let me know if you have additional questions, and if you determine whether we can reschedule for the Feb. 21st PC hearing. I have a letter ready to go when I hear from you. Thank you! Maureen Jacoby Banks and Gesso, LLC (303) 274-4277 ph (303) 274-8329 fax (303) 868-1963 cell 12/06/2005 Application for Weld County Use by Special Review (USR) Permit for Mineral Extraction and Processing Wattenberg West Sand and Gravel Mine and Water Storage Project Weld County, Colorado Prepared for: Asphalt Paving Company 14802 W. 44th Ave. Golden, CO 80403 (303) 279-6611 Prepared by: Banks and Gesso, LLC 720 Kipling St., Suite 117 Lakewood, CO 80215 (303) 274-4277 October 11, 2005 04021 Banks and Gesso, LLC Table of Contents page 1.0 Introduction 2 2.0 Application Form and Fees 4 3.0 Submittal Checklist 5 4.0 Maps and Drawings 6 5.0 Questionnaire 7 6.0 Road Access Information 13 Appendix A: Reduced Maps 14 Appendix B: Evidence of Adequate Potable Water Supply 15 Appendix C: Evidence of Adequate Sewage Disposal 17 Appendix D: Deeds and Legal Right to Enter Documents 18 Appendix E: Certificate of Conveyance 22 Appendix F: Soils Report 23 Appendix G: Division of Minerals and Geology Permit and Application 29 Appendix H: Oil and Gas Agreements 30 Appendix I: Ditch and Irrigation Agreements 31 Appendix J: Property Owners Within 500 Feet 35 Appendix K: Mineral Owners and Lessees 36 Appendix L: IGA Notice of Inquiry 37 Appendix M: Electronic Copy of Maps and Drawings 38 Note: Appendices are not included with all application packages, at the direction of Weld County Planning staff. Please refer to original application package, on file with the Weld County Planning and Zoning Department, for copies of all appendices. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 1 04021 Banks and Gesso, LLC 1.0 Introduction Asphalt Paving Company is requesting a new Use by Special Review (USR) permit for sand and gravel mining and processing on 2 parcels with a combined area of 135 acres, located within the Weld County Agricultural Zoning District. The property is to be called the Wattenberg West Sand and Gravel Mine. The site will be dewatered and dry mined, and reclaimed to 2 interconnected lined water storage reservoirs. The property is located west of the unincorporated town of Wattenberg. It is bounded by Weld County Road 6 on the north and Weld County Road 4.5 on the South. The Brighton Ditch and Weld County Road 23 run along the western edge of the property. Asphalt Paving Company currently operates the nearby Perry Pit (east of Wattenberg) under USR-921 and Division of Minerals and Geology (DMG) permit#M-1990-098. The Perry Pit reserves are expected to be depleted in the next three to six years, and Asphalt Paving Company seeks a replacement source of construction aggregates. The applicant proposes to move the aggregate processing plant from Perry Pit to Wattenberg West during the final stage of mining at Perry Pit, and truck approximately 225,000 tons of pit run from Perry Pit along CR6 to Wattenberg West for processing. When reserves at Perry Pit are depleted, mining at Wattenberg West will begin. In addition to the aggregate processing plant, Asphalt Paving Company may also operate an asphalt plant, concrete plant, and import recycled concrete and asphalt for processing on site. Asphalt Paving Company is proposing to maintain the same truck traffic counts currently permitted under Perry Pit approval, with the exception of the temporary hauling of pit run from Perry Pit to the Wattenberg West site, using CR6, as described above. Property Ownership All of the subject property, including sand and gravel rights, is owned by Asphalt Paving Company. There are three majority oil and gas leaseholds on the property: Top Operating Company, Noble Energy Production, Inc., and ME III Corporation. Kerr- McGee Rocky Mountain Corporation has pipeline easements and structures on the property, and Western Area Power Association owns an electric transmission line and easement that bisects the property. The Brighton Ditch runs along the western edge of the property. Qwest Corporation also has a small easement and telephone structure in the northwest corner of the property. Legal Description of the Property The property is comprised of two parcels. The northernmost parcel is legally described as: Lot B of Recorded Exemption No. RE-3007, being a portion of the North 1/2 of the Northwest ' Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000020. The southernmost parcel is legally described as: Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 2 04021 Banks and Gesso, LLC South 1/2 of the Northwest 1/4 Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000002. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 3 04021 Banks and Gesso, LLC 2.0 Application Form and Fees See Application Form on the following page. An application fee of$7,500 ($5,000 for first 10 acres, plus $20 per additional acre) is included with the application package. Calculation: Total Area: 135 Acres First 10 acres = $5,000 125 additional acres ($20 x 125 ac.) = $2,500 Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 4 04021 Banks and Gesso, LLC 3.0 Submittal Checklist Please see the attached submittal checklist for description and location of all required items. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 5 SPECIAL REVIEW (MINING OPERATION) SUBMITTAL CHECKLIST ITEMS REQUIRED FOR SUBMITTAL Sep._2_0 One (1) original applcation form plus 29 copies - (additional copies may be required,on request of the Department of Planning Services) Sec. 4.0 Thirty (30) copies of the Special Review plat map (24"X36" - See attached page 6 for Map requirements ) App_A Eleven (11) 8-1/2" x 11'reduced copy of the(24"X36") Special Review plat App_M Eleven(11)8-1/2"x 11"Photo Mechanical Transfer(PMT)or electronic digital copy of ma p,if required Sec. 5.0 One (1)orignal Special Review Use questionnaire plus nineteen (29) copies Sec. 6.0 One (1) original Weld County Road Access Information Sheet plus nineteen (29) copies App_B Twelve (12)copies of document showng evidence of adequate water supply (e g commercial well permit or letter from water district) APP. C Twelve (12)copies of document showing evidence of adequate sewage disposal(e g septic permit or letter from the sanitary sewer district) App. D Eleven (11 )copy of deed or legal instrument identifying applicant's interest in the property App_E One (1)original Certificate of Conveyances form and any attachments, completed within thirty (30) days of the application submission dale N/A Two (2)copies of Noise Report, if required by the Departrnent of Planning Services App. F Two (2) copies of Soiis Report Soils Reports are available from local Soil Conservation Serince Offices App_D Source of applicant's legal rgnt to enter and to mine on the land descnbed (Include certified copy of any document(s) noted App. G Copy of D MG permit App_H Oil and Gas Agreement(s) App._) Ditch/Irrigation Agreement App_J One (1) copy of affidavit and certified list of the names, addresses and the corresponding parcel identificaton number assigned by the Weld County Assessor of tie owners'of property(the surface estate)within 500 feet of property being considered This lot shall be compiled from the records of the Weld County Assessor, the Weld County Website, or a person qualified to do the task, and shall be current as of a date no more than thrty (30) days prior to the date the application is subm itted to the Departm ent of Plan ning Services APP., K One (1) copy of affidavit and certified list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being consdered The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30)days prior b the date the application is submitted to the Department of Planning Services Note Mineral Notification is in additon to that required by C R S 24-65 5-102 through 104 1 App. L Notice of Inquiry If located within an Intergovernmental Agreement(IG A) boundary Sec_2.0 Application fee N/A $500 00 investigation fee, if requred Special Review plat recording fee ($11 00 first page + $10 00 each additional page) In an effort to increase efficiency and reduce processing time involved in re-bmdng applicatons for mating, all copies shall be collated into complete application packets and bound with binder clips only All maps are to be folded and included with each individual packet Applications bound n any fashion other than binder clip (spiral bindings, three nng bindings, etc ) generally require additional processing time and may be returned to the applicant without review 1 The following documents or any other similar documents shall be submitted by the applicant d deemed necessary by the Board of County Commissioners or As duly authorized representative for the protection of the health, safety and welfare of the inhabitants of Weld County A Applicant shall submit a copy of Vie reclamation plans submitted to the State of Cobrado Mined Land Reclamation Board The reclamation plans must include a map showing property boundaries,topography, bodies of water, and access B Plans for obtaining water supplies for the mining operation Water Consumption 1 An analyss of the amount of water which will be required to be replaced for each phase of the mining operation and at build out 2 The analyss should address the amount of water consumed in the mining and processing of the material ncluding dust suppression 3 The analyss should address the issue of water consumed for domestic purposes by on-site staff 4 The analyss should address the issue of evaporative losses consumed from exposed groundwater ncluding a discussion of the feasibility of kning Water Replacement Source 1 A description of the surface and well water rights and their anticpated yields when converted to be used as replacement for the water consumed in the mining operation 2 Projections as to the minng of replacements to the river system from these sources 3 A description of methods proposed to monitor, prevent and mitigate against direct injury to users of wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the minng operation or to said impacts c Cross sectionsof drainage structures(culverts for access to county roads,interior haulroads crossing of ponding or stream channeling) d Profile and typical cross section of haul roads 2 04021 Banks and Gesso, LLC 4.0 Maps and Drawings The following Use by Special Review Map set includes the following drawings: Sheet 1: Index Map and Operation Standards Sheet 2: Vicinity Map Sheet 3: Vicinity Map (Wattenberg Area) Sheet 4: Extraction Plan Map Sheet 5: Landscape, Screening and Buffering Plan Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 6 04021 Banks and Gesso, LLC 5.0 Questionnaire 1. Detailed description of the method of mining operation: a. Structures and Processing Equipment Asphalt Paving Company will install a scale house and truck scale on site near the access point. Plant and processing equipment may include conveyor belts, screens, crushers, a wash plant, portable asphalt plant, and portable concrete plant. Recycled asphalt and concrete will be processed using the same crushing and sorting equipment used for aggregate material. b. Number of Shifts to be Worked and Maximum Number of Employees The site will normally operate with one shift between the hours of 6 a.m. and 6 p.m. Asphalt processing and hauling may occur during nighttime hours when specified by paving contracts. There will be a maximum of 20 employees, excluding truck drivers, on site at any given time. c. Wet or Dry Pit The site will be dewatered and dry mined. Phases 2 and 3 will be sealed via a slurry wall prior to the exposure of groundwater, then dewatered and dry mined. Phase 1 will be dewatered (if necessary, as the deposit is shallow in this area) and dry mined, then backfilled to approximate original grade. d. County Roads and Bridges Utilized Both incoming and outgoing traffic will use the existing site access point at Weld County Road 6, located approximately 700 feet east of Weld County Road 23. Approximately 90 % of exiting truck traffic will travel east across the South Platte River bridge on CR 6 to the light at U.S. Highway 85. Approximately 10 % of truck traffic will travel west on CR 6 to 1-25. e. Size of Area and Stages to be Worked at Any One Time The total area to be mined is 93 acres (out of 135 acres). Only one phase will be mined at any given time. The largest of the three phases (Phase 3—see table below) consists of 52 acres. Backfilling and reseeding within each phase will happen concurrently with mining as much as possible. f. Timetable for Various Stages of Operation Phase Mined Timetable Acreage (years) 1 (West) 10 1-3 2 (South) - 31 3-7 3 (North) 52 6-10 TOTALS 93 10-20 1. Depth and Thickness of Materials to be Removed Based on exploratory drilling of the property, sand and gravel depth ranges from ^ 15 to 40 feet, with the deposit thinning to the west. Overburden and topsoil to be Asphalt Paving Company October 11,2005 Wallenberg West Sand and Gravel Mine Page 7 04021 Banks and Gesso, LLC removed averages approximately 2.5 feet (combined) in depth. g. Proposed Reclaimed Use and Explanation of Reclamation Process The site will be reclaimed to lined water storage. One slurry wall will seal Phases 2 and 3 from the surrounding alluvial aquifer. Phase 1 will be not be enclosed by a slurry wall. Instead, it will be dewatered (as necessary) and dry mined and then backfilled and reclaimed to approximate original grade. Reservoir slopes in phases 2 and 3 will be backfilled to a minimum slope of 3:1, and pond edges and other disturbed areas will be graded, topsoiled and reseeded. Please see the Division of Minerals and Geology Application (referenced in Appendix G and included under separate cover) for more detail. h. Source of Technical Advice Banks and Gesso, LLC Coler & Colantonio, Inc. Martin and Wood Water Consultants, Inc. Lyman Henn, Inc. Church &Associates, Inc. 2. Statement of Consistency with Weld County Comprehensive Plan This application has been prepared to conform to all Mineral Resource Goals and Policies contained in the Weld County Comprehensive Plan as described below: CM Goal 1: Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law. This site does contain a valuable sand and gravel deposit, and permitting of the site for this use will ensure that material is available to meet future needs. CM Goal 2: Promote the reasonable and orderly development of mineral resources. Asphalt Paving Company owns and operates the Perry Pit just east of Wattenberg, and does not plan to commence mining operations at this new site until reserves at the Perry Pit are depleted. There is not expected to be an increase in Asphalt Paving's total production by the permitting of this site, thus ensuring the Applicant a permitted sand and gravel supply in the future. There will not be an increase in the total number of trucks hauling material from either site. Reasonable and orderly development of mineral resources requires that companies plan for and permit (via the Special Review process) additional deposits prior to the depletion of existing reserves. CM Goal 3: Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. There will not be an increase in the truck count or average production rate resulting from the transfer of mining operations from existing Perry Pit to the proposed Wattenberg West site, except for a temporary increase in truck traffic along CR6 as pit run is transferred to Wattenberg for processing during the final stage of mining at Perry Pit. Safety issues and road impacts associated with the longer haul route Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 8 04021 Banks and Gesso, LLC along CR6 will be mitigated by a road improvement and maintenance agreement between the Applicant and Weld County Public Works Department CM Goal 4: Minimize hazardous conditions related to mining activities and the mining site. As Asphalt Paving Company's existing Perry Pit is depleted, processing equipment will be relocated to the Wattenberg West site and/or replaced with similar equipment appropriate to a dry mining operation. The plant and processing area will be partially screened via the use of vegetated berms and landscaped areas along the property perimeter. Safety considerations along CR6 will be addressed via a Road Improvement and Maintenance Agreement with Weld County. In addition, the applicant will continue to conform to all County, State and Federal regulations, and maintain a safe operation via the use of warning signs, gates, security lighting and training. CM Goal 5: Provide for timely reclamation and reuse of mining sites in accordance with Chapters 22, 23 and 24 of the Weld County Code. Asphalt Paving Company practices concurrent reclamation to minimize surface disturbance as much as possible. Reclamation will begin within one year of completion of mining activities in any given phase, and seeding and plantings will be done at an appropriate time of year. Topsoil will be stockpiled separately from overburden for use in reclamation. CM Goal 6: The extraction of mineral resources should conserve the land and minimize the impact of surrounding land. The reclamation plan for this site proposes to create two interconnected lined water storage reservoirs, thus creating a low-impact, post-mining land use that is beneficial to both people and wildlife. 3. Statement of Consistency with Intent of District The subject property is located within the 'A' (Agricultural) Zoning District. The intent of this district is to "provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses... (T)he 'A' District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." Mineral resource development is one of the Uses by Special Review in the 'A' (Agricultural) District. 4. Conservation of Productive Agricultural Land The southern 80 acres of this property cannot be irrigated, due to a dry-up covenant. Approximately 40 acres in the northern portion is used for cropland, and will continue to be used as such until mining activities commence. The continued development of water reservoirs in Weld County is generally beneficial to agriculture. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 9 04021 Banks and Gesso, LLC 5. Statement of Adequate Provisions to Protect the Health, Safety and Welfare The permitting of this site is for the purpose of increasing sand and gravel reserves for Asphalt Paving Company upon depletion of reserves at the existing Perry Pit, and not to increase the company's overall annual production. The health, safety and welfare of Weld County residents and Asphalt Paving's employees will be protected through continued compliance with County, State and Federal laws and regulations, as well as through regular internal inspections, training, and improvements to best management practices for dust control, noise suppression, truck traffic safety and stormwater management. 6. Statement of Compatibility with Existing Uses Surrounding land use is primarily residential (Town of Wattenberg), rural residential, agricultural, and other mining and water storage projects (including the Aggregate Industries'Wattenberg Lakes project to the south, the existing Perry Pit site east of Wattenberg, and the proposed Lafarge Riverbend project to the northeast). The development of this site to a water storage facility will have little impact on the surrounding uses and is consistent with the existing and future uses of surrounding properties. 7. Existing Land Use Portions of the northern part of the property is currently farmed as cropland (corn). The southern 80 acres of the property is vacant agricultural land (not eligible for cropland due to a dry-up covenant). 8. Other Details a. How many people will use this site? There will be a maximum of 20 employees on site at any one time. b. Hours of Operation This site will operate between dawn and dusk, Monday through Saturday. Asphalt processing and hauling may occur during nighttime hours when specified by paving contracts. Maintenance will be allowed as needed during nighttime hours and on Sunday. c. Type/number of animals on site. None. d. Vehicle type and access schedule: Haul trucks average 25 ton capacity (not to exceed 85,000 lbs gross weight), and access the site throughout the working day (no concentration during rush hours). Approximately 50 round trips occur each working day. Employee and vendor passenger vehicles and light trucks will also access the site as necessary. Hauling of material may occur during nighttime hours as necessary to perform construction work when nighttime operations are specified by contract. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 10 04021 Banks and Gesso, LLC e. Fire protection This site is located within the Greater Brighton Fire Protection District. f. Water source Asphalt Paving proposes to drill a new well in the NW corner of the property and obtain the required permits and Substitute Water Supply Plans necessary to construct and operate the well for both operational and sanitary water needs. g. Sewage disposal system Asphalt Paving Company will install an engineered, permitted septic system adjacent to the scale house. h. Storage and Warehousing Temporary storage of topsoil and overburden will occur around and within the mine areas. Minor amounts of oil and parts will be stored in locked metal sheds in the plant and processing area. i. Storage and stockpiling of waste Non-saleable earthen materials will stockpiled with the overburden and used to backfill and reclaim the site. j. Landscape and screening plan Overburden and topsoil will be seeded with a temporary mix if they remain in place for more than one growing season. Please see the "Landscape, Screening and Buffering Plan" map for more detail regarding the proposed landscape plan. Asphalt Paving Company requests that this Landscape Plan be review and approved by County staff prior to the Board of County Commissioners hearing regarding this project. k. Construction and landscaping schedule Landscaping will be installed within the first growing season following commencement of mining disturbance at the site. I. Reclamation Procedures The site will be reclaimed to lined water storage. One slurry wall will seal the mine cells from the surrounding alluvial aquifer. Reservoir slopes will be backfilled to a minimum slope of 3:1, and pond edges and other disturbed areas will be graded, topsoiled and reseeded. Please see the Division of Minerals and Geology Application referenced in Appendix G for more detail. m. Storm Water Drainage The site will be graded to ensure that all stormwater runoff that comes in contact with disturbed areas will be directed into the mine areas or settling ponds. The applicant will obtain and maintain a "CDPS General Permit for Sand and Gravel Mining and Processing" (and associated Stormwater Management Plan) from the Water Quality Control Division of the Colorado Dept. of Public Health and Environment prior to site disturbance. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 11 04021 Banks and Gesso, LLC n. Method and schedule for removal of wastes Waste type Volume Method of Removal Typical Removal Schedule Used Oil <100 gal/month Picked up by once per month or as company's mobile necessary service team for recycling and/or disposal off-site Regular Trash 1-yd dumpster waste disposal once per month contractor Recyclable Steel 5-yd bin recycling contractor twice per year, or as necessary o. Need of proposed use Asphalt Paving Company currently operates the nearby Perry Pit (east of Wattenberg) under USR-921 and Division of Minerals and Geology (DMG) permit #M-1990-098. Reserves at Perry Pit are expected to be depleted within the next three to six years, and Asphalt Paving Company desires to replace those reserves. The applicant proposes to move the processing plants from Perry Pit to Wattenberg West during the final stage of mining at Perry Pit, and truck approximately 225,000 tons of pit run from Perry Pit along CR6 to Wattenberg West for processing. When reserves at Perry Pit are depleted, mining at Wattenberg West will begin. In addition to the aggregate processing plant, Asphalt Paving Company may also use the construction aggregates generated to produce asphalt and/or concrete on site. p. Overlay District Regulation Statement This property is not located within an overlay district. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 12 04021 Banks and Gesso, LLC 6.0 Road Access Information Access to this site is from Weld County Road 6 (CR6), as shown on the following 'Weld County Road Access Information Sheet". This access location is approximately one mile east of the existing access to Asphalt Paving's Perry Pit mine site (both on CR6). A new traffic study for this project was not commissioned, because Asphalt Paving Company participated in a traffic study for the WCR 6/Hwy 85 intersection in 2000 (prepared by Eugene Coppola dated May 10, 2000, for Mobile Premix Concrete, Inc., Aggregate Industries, Inc., and Asphalt Paving Company) for traffic associated with the existing Perry Pit (USR-921). Since Asphalt Paving plans to maintain the same traffic counts and patterns at this intersection, another traffic study is not warranted. The applicant proposes to move the processing plants from Perry Pit to Wattenberg West during the final stage of mining at Perry Pit, and truck approximately 225,000 tons of pit run from Perry Pit along CR6 to Wattenberg West for processing. A representative of Asphalt Paving Company discussed this temporary hauling issue with County Staff in 2004, and prepared a follow-up letter summarizing the issue (attached). The only permanent change resulting from this proposal will be the use of an additional mile of CR6 for hauling of material to US85. Asphalt Paving has met with officials from the Wattenberg Improvement Association regarding the additional truck traffic that will be passing Wattenberg on CR6, and committed to making the safety of this area a top priority. To address both the safety and structural issues associated with the additional mile of CR6 use, Asphalt Paving Company will enter into a Road Improvement and Maintenance Agreement with the Weld County Department of Public Works to make the necessary improvements to this stretch of road. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 13 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Pubic Works 1111 H Street, P 0 Box 758. Greeley, Colorado 80632 Phone (970 )356-4000 Ext 3750 Fax (970)3046497 Road File# Date RE # Other Case # 1 Applicant Name Asphalt Paving Company Phone 303-279-6611 Address 14802 W. 44th-Ave. City Golden State CO Zip 80403 2 Address or Location of Access South side of WCR 6, -700 feet east of WCR 23 Section 25 Township 1 North Range 67 WeQtSubdivision Block Lot Weld County Road # 6 Side of Road South Distance from nearest intersection 700 ft. 3 Is there an existing access to the property? Yes_ X No # of Accesses 1 - 4 Proposed Use ® Permanent ❑ ResidenteitAgrcuiturallit Industrial O Temporary ❑ Subdivision U Commercial ❑ Other **********************************4******v*****************************************t***************. 5 Site Sketch Legend for Access Description: LWCR AG = AgriculturalI 6 RES = Residential O&G = Oil&Gas D R = Ditch Road 0 = House 7 = Shed A = Proposed Access WCR 23 --> <-- Leona Ave. • = Existng Access NT WCR 4.5 OFFICE USE ONLY. Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement _ Culvert Size Length Special Conditions ❑ Installation Authonzed ❑ Information Insufficient Reviewed By Title 11 •t Banks and Gesso, LLC 720 Kipling St.,Suite117 ■■ Lakewood, Colorado 80215 March 8, 2005 (303) 274-4277 Fax (303) 274-8329 www.banksandgesso.com Mr. Donald Carroll Weld County Public Works Department P.O. Box 758 Greeley, CO 80632 Re: Asphalt Paving Company—Wattenberg West Site Dear Mr. Carroll: Thank you for meeting with me, along with Kim Ogle and Chris Gathman of the Planning Department, on December 16, 2004 regarding Asphalt Paving Company's plan to permit and develop a new sand and gravel mine on property just west of the town of Wattenberg (see attached "Wattenberg Area Map"). As we discussed, Asphalt Paving Company (APC) is currently operating the Perry Pit (AmUSR-921) east of Wattenberg. Since reserves at Perry Pit are expected to be depleted within the next 5 years, APC would like to permit this new site to provide additional reserves. APC does not plan on mining at Wattenberg West until mining is complete at Perry Pit, and annual production and related truck traffic is not expected to increase beyond permitted limits. APC would like to be able to truck approximately 225,000 tons of material from Perry Pit to the Wattenberg West site (approximately one mile west along CR6) for processing— towards the end of mine life there will not be sufficient area at Perry Pit to process material. As you may know, APC was part of a joint traffic study in May of 2000 (also including Aggregate Industries, Inc. and Mobile Premix Concrete, Inc.) that was submitted to the County. APC also has an existing Road Maintenance Agreement with the County. During our meeting in December, you stated that a new traffic study would not be required if annual production would not increase, and that APC could amend their existing Road Maintenance Agreement for the additional stretch of CR6 and new access location at the Wattenberg West site. Please let me know if my understanding of the situation is incorrect, or if you have any questions about the project. Thank you very much. Sincerely, 7)924Mebri-- 9(te(7§ r n Mau ee Jacoby Project Manager enclosure: Wattenberg Area Map cc: Kim Ogle, Weld County Planning Dept. Chris Gathman, Weld County Planning Dept. Jeff Keller, Asphalt Paving Company 04021 Banks and Gesso, LLC Appendix G: Division of Minerals and Geology Permit and Application A Colorado Division of Minerals and Geology (DMG) Regular 112 Permit Application has been submitted to the State concurrently with this County application, a copy of which is included under separate cover. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 29 04021 Banks and Gesso, LLC Appendix H: Oil and Gas Agreements Asphalt Paving Company has been working with the three majority leasehold interests on this property to obtain Surface Use Agreements: 1. Top Operating Company 2. ME III Corporation 3. Noble Energy Production, Inc. (formerly Patina) Asphalt Paving Company has had discussions with and submitted Surface Use Agreements to each entity listed above (cover letters follow), and continues to work towards finalizing those agreements. In addition, the mining and reclamation plans have been designed to accommodate the rights of the oil and gas interests, by maintaining adequate surface area for future drilling and maintenance activities (see "Oil and Gas Operations Areas" on the Extraction Plan Map). Asphalt Paving has also offered, via the Surface Use Agreements, to escrow money necessary for directional drilling of future wells. Please note that the exact configuration and location of these "Oil and Gas Operations Areas" may change to reflect the final Surface Use Agreements. Asphalt Paving continues to work with these oil and gas entities, and will submit proof of signed Agreements to Weld County prior to plat recordation for this site. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 30 ME Banks and Gesso, LLC 720 Kipling St.,Suite117 ■■ Lakewood, Colorado 80215 (303) 274-4277 Fax (303) 274-8329 November 19, 2004 www.banksandgesso.com VIA CERTIFIED MAIL Mr. Rodney Herring TOP Operating Co. 10881 W. Asbury, Suite 230 Lakewood, Colorado 80227 Subject: Surface Use and Setback Agreement, Asphalt Paving Company, Wattenberg West Site Dear Mr. Herring, As we discussed a few weeks ago, TOP operates the John Ditirro#1-A well on property in the NW 1/4, Section 25, T1N, R67W, Weld County, owned by Asphalt Paving Company. Banks and Gesso, LLC is preparing State and County permit applications for Asphalt Paving Company to allow sand and gravel mining on the property. Asphalt Paving Company would like enter into an agreement with TOP regarding surface use of the property. I've enclosed a draft Surface Use and Setback Agreement, including a draft extraction plan, for your review. Asphalt Paving will not be mining within 200 feet of this well, as shown on the enclosed Ex A: Extraction Plan Map. Asphalt Paving will also maintain an 80 foot setback from the well within which no mining-related activities will take place (including stockpiling and material processing, and will maintain a 50 foot setback from storage facilities. It is my understanding that TOP does not have plans or rights to drill additional wells on the property. Please let me know if this is incorrect. Please let me know if this agreement is acceptable to TOP. I would be happy to meet with you to discuss any aspects of the project. Thank you. Sincerely, Maureen Jacoby Project Manager Attachments: Vicinity Map -- Surface Use Agreement and Setback Agreement Ex. A: Extraction Plan Map cc: Jeff Keller, Asphalt Paving Company MIE Banks and Gesso, LLC 720 Kipling St.,Suite117 ■■ Lakewood, Colorado 80215 (303) 274-4277 April 27, 2005 Fax(303) 274-8329 p www.banksandgesso.com VIA CERTIFIED MAIL Mr. Rodney Herring TOP Operating Co. 10881 W. Asbury, Suite 230 Lakewood, Colorado 80227 Subject: Surface Use Agreement, Asphalt Paving Company, Wattenberg West Site Dear Mr. Herring, . Enclosed please find a Surface Use Agreement between Asphalt Paving Company and TOP Operating Company for your review and, hopefully, signature. We believe we have adequately accommodated the current and future needs of your oil and gas leasehold interests into the proposed mining and water reservoir development plan for this property. Please review and let me or Jeff Keller of Asphalt Paving Company (303-279-6611) know if this agreement is acceptable to TOP or if you have additional concerns. We would appreciate a response prior to May 27, 2005, so that we can schedule submittal of the land use application to Weld County. I would also be happy to meet with you to discuss any aspect of the project. Thank you in advance for your assistance. Thank you. Sincerely, fI Thea Maureen Jacoby I Q Project Manager Attachments: Surface Use Agreement cc: Jeff Keller, Asphalt Paving Company • Banks and Gesso, LLC 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303) 274-4277 April 27, 2005 Fax(303) 274-8329 VIA CERTIFIED MAIL www.banksandgesso.com Mr. Dave Padgett Patina Oil and Gas Corp. 1625 Broadway, Suite 2000 Denver, CO 80202 Subject: Surface Use Agreement, Asphalt Paving Company, Wattenberg West Site Dear Mr. Padgett, As you've recently discussed with Laurel Zabel, Asphalt Paving Company is preparing State and Local permit application to develop property as a sand and gravel mine and future water reservoir. Patina has leasehold interests on that property. Attached please find a draft Surface Use Agreement for your review. Please contact Ms. Zabel at 303-292-9021 with any questions or concerns. If possible, we hope to have an agreement with Patina on or before May 27, 2005, as we would like to submit permit applications soon after. Thank you. Sincerely, Maureen Jacoby Project Manager Attachments: Surface Use Agreement cc: Jeff Keller,Asphalt Paving Company Laurel Zabel, Astrella & Rice P.C. MI Banks and Gesso, LLC 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303) 274-4277 April 27, 2005 Fax (303) 274-8329 VIA CERTIFIED MAIL www.banksandgesso.com Mr. Max Ernest ME III Corporation 14812 W. 4`h Avenue Golden, CO 80401 Subject: Surface Use Agreement, Asphalt Paving Company, Wattenberg West Site Dear Mr. Ernest, Enclosed please find a Surface Use Agreement between Asphalt Paving Company and MEIII for your review and, hopefully, signature. We believe we have adequately accommodated the current and future needs of your oil and gas leasehold interests into the proposed mining and reservoir development plan for this property. Please review and let me or Jeff Keller of Asphalt Paving Company (703-279-6611) know if this agreement is acceptable to MEIII or if you have additional concerns. We would appreciate a response prior to May 27, 2005, so that we can schedule submittal of the land use application to Weld County. I would also be happy to meet with you to discuss any aspect of the project. Thank you in advance for your assistance. Thank you. Sincerely, Maureen Jacoby Project Manager Attachments: Surface Use Agreement cc: Jeff Keller, Asphalt Paving Company ASTRELIA & RICE pc: A T "I o R N I? S s \ T r. A W — We/d tzvoty E nn�a November 16, 2005 NNot/ 7 Opt Fepa�mant L zoos Ms.Weld v'$Michelle Martin FC County Planner II c 918 10th Street Greeley, Colorado 80631 RE: Asphalt Paving Co. Wattenberg West Mine Permit Application USR-1533 Township 1 North, Ranqe 67 West of the 6m P.M. Section 25: NW/4 Dear Ms. Martin: We represent Asphalt Paving Co. with respect to oil and gas issues. Previously, Asphalt Paving had stated in its Use by Special Review application dated October 11, 2005, that it was working with Noble Energy, Inc., ME Ill Corporation and TOP Operating Co. to obtain surface use agreements for the above-referenced property. Upon further research, we have discovered that Noble Energy is not an oil and gas operator on this property. As such, Asphalt Paving does not need to enter into a surface use agreement with this party. If you have further questions about this matter, please feel free to contact me. Very truly yours, Rachael B. Gamble /rbg cc: Mr Jeffrey Keller (Asphalt Paving Co.) Ms. Maureen Jacoby (Banks and Gesso, LLC) ISiI ISRii Iiw A Si ilL HAW UFsvFI CO 80_07 303 292 ')02I F.vy 303 790 0347 http://vvv.' .astrcllah,w.cum 04021 Banks and Gesso, LLC Appendix I: Ditch and Irrigation Agreements A copy of an agreement with the Brighton Ditch Company is found on the following pages. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 31 04021 Banks and Gesso, LLC SETBACK AGREEMENT Project Name: Wattenberg West Sand and Gravel Mine Project Location: NW'/.Section 25,T1N,R67W,6`"P.M.,Weld County,Colorado Applicant: Asphalt Paving Company 14802 W.44`"Avenue,Golden,CO 80403 (303)279-6611 Structure Owner: Brighton Ditch Company 3286 Weld County Road 23,Fort Lupton,CO 80621 The Applicant is applying for a Weld County Mining Use by Special Review Permit and a Colorado Mined Land Reclamation Board Regular 112 Construction Materials Permit on property through which the Brighton Ditch Company holds an easement(see attached"Exhibit A:Vicinity Map"). This Agreement is confirmation that the Brighton Ditch Company understands that the property will be reclaimed for lined water storage. The Brighton Ditch Company agrees to a setback of 200 feet from the east edge of the Brighton Ditch for mining operations(and it is agreed that any excess seepage from the Brighton Ditch will be pumped back into the Brighton Ditch),and a setback of 50 feet from the east edge of the Brighton Ditch for mineral processing, stockpiling and other surface uses of the property,as shown on attached"Exhibit B:Extraction Plan Map'. Should any damage occur to the Brighton Ditch resulting from the proposed operations,Asphalt Paving Company will fully repair any such damage at its expense or provide full compensation for any damage.The signature of the Asphalt Paving Company officer below and the undersigned's signature hereon confirms such Agreement and repair/compensation obligation between the parties. Undersignec: Brighton Ditch Company By: ! ¢tea�a Title•/ STATE OF COLORADO) )ss COUNTY OF A 4ar5_) The foregoing instrument was acknowledged before me on this IS day of dive, ,2005 by !l��la�r1G 4,177.11 .ass �u o 7?ir ,o,/;r :i. (Name) // die) . (C pany) C," Wilnes y ha id nd odic al seal. / '� ie J . My commission expires:/�` � �G+AR l l Nola Pubic �t "'(�" * N. Asphalt Paving Company By: Title: f1 r.1, �`: ST E (1,.i e ,Aden 5G+rnAnargisos )6$ NOwyPriat COUNTY CR,: h40-"-1 823 0F ME i,- The foregoing instrument was acknowledged beiYOfrb: far day of- 117. L , 2005 ��J`Vihir( �,). � di i r!v of ,/+ U� -�J, DL X111 ' 7Yl �i� ' 1�4� '�+ / Witness m and and official seal. . • ,!'-(sA;_t•J My commission expires: 7a4li ii ota Public Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 32 04021 Banks and Gesso, LLC _____..2.0_.0!„..:.e /''�' V I T 1/ . I' 'r' ti - 1 . �,• riumr - arr a • -IlOI +"f3 � �� ... _ 23 24 19 V • ea $UIllect Site v Mob*no r, e+ L . =Pr. .._.-.._t_.- ..._........941 ...:1,01� �N.a..wri . - ..43, .44.r Wat nberg ; 1 r • Zi 2' WWteld•Cii riius x . • ` :,., ,' - - , it' j . i 7u 35 :36 • i} i';♦. - ... . Nri ,,.. • I1 i, . .. ■■ Banks & Gesso, LLC Exhibit A:Vicinity Mau IIIII 720 Kipling, Suite 117 Asphalt Paving Co. Lakewood, CO 80215 Wattenberg West banksandgessa.com 1/19/05 04021-227 Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 33 04021 Banks and Gesso, LLC I 1•( t �Jr. i ' '�^ .: j �.ciinvt x it ,.r .7 %, y,.`:•... .�. i -------------mod li• t(si• l' . .,r, -.-•• • ` v1l�4Y!:, . /, `', `, It • ,..,...,....-7�, » - � _.._-.._. Wain s:ezrR IES,5 PLAN win!IIMITTOrAsphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 34 04021 Banks and Gesso, LLC Appendix L: IGA Notice of Inquiry This property is not located within the Fort Lupton Intergovermental Agreement (IGA) Boundary. The property is located within the Fort Lupton Municipal Referral Area and the Brighton Planning Influence Area. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 37 04021 Banks and Gesso, LLC Appendix M: Electronic Copy of Maps and Drawings A compact disc containing an electronic version (CAD 2000 format) of the Use by Special Review map set is attached. Asphalt Paving Company October 11,2005 Wattenberg West Sand and Gravel Mine Page 38 - sr Banks and Gesso, LLC 720 Kipling St.,Suite117 Lakewood, Colorado 80215 Weld Coup piannin (303) 274-4277 Vecember 22, 20053 E-MAIL AND U.S. MAIL GREELFY OFF ) 274-8329 VIA eRtan gesso.com DEC. 2 7 2005 Mr. Donald Carroll REcEI ED Engineering Administrator V Weld County Department of Public Works P.O. Box 758 Greeley, CO 80632 Re: USR-1533, Asphalt Paving Company, Road Improvement Agreement Dear Mr. Carroll: Thank you for your referral comments for this project, dated November 9, 2005. On behalf of our client, Asphalt Paving Company (APC), we have reviewed the comments as well as the draft "Long-Term Road Maintenance and Improvements Agreement" (dated 11-22-05) and would like to propose the following improvements. The following list has been developed based on discussions with leaders and citizens of the town of Wattenberg and surrounding property owners, and Asphalt Paving Company's desire to maintain safe ingress and egress for vehicles entering its property. We propose that the following items replace Items H and I under "Improvements" in the draft Agreement: A. Eastbound CR6, approximate 2,000 feet west of the site entrance: APC will install a sign or signs, indicating that the speed limit will be reduced ahead (from 55 MPH to 45 MPH), and that trucks will be entering the roadway. A solar- powered blinking light or rumble strip, as appropriate, will also be installed in this vicinity to provide an additional means of slowing traffic prior to cresting the hill at the intersection of CR23 and CR6. B. Eastbound CR6, at site entrance: APC will construct an acceleration lane for trucks leaving the site. This lane will be approximately 250 feet in length, with a 240 foot taper, and 12 feet wide. An appropriate turn radius for large trucks will also be designed for right-turning vehicles leaving the site. C. Eastbound CR6, approximately 1,200 feet east of the site entrance: APC will install a sign or signs, indicating that the speed limit will be reduced ahead (from 45 MPH to 35 MPH past Wattenberg), and that there is a blind intersection ahead (at Caroline and CR6). APC will also install a solar-powered blinking light or rumble strip, as appropriate, as a reinforcement to the sign(s). Mr. Donald Carroll Page 2 of 2 Weld County Dept. of Public Works December 22, 2005 D. Westbound CR6 from US85 to site entrance: No improvements are proposed. The speed limit from US85 past Wattenberg is 35 MPH, and there is a clear line- of sight for all Wattenberg intersections. Truck traffic entering the site will rarely impede westbound travelers due to light traffic on this stretch of road. A left-turn slot for inbound vehicles at the site entrance would not increase safety because of the lack of sight distance to the west. Slowing or stopping eastbound traffic at CR23 is the best method to ensure a safe entryway. E. Internal paving: APC will pave and widen the access road to 24 feet, from the entrance at CR6 to the plant site. Finally, attached please find proof that the required 40 foot right-of-way for CR6 has previously been reserved on the property, via Recorded Exemption No. 1469-25-2-RE- 3007). As you may know, the Planning Commission hearing for this case has been continued to January 17, 2006. We would appreciate any comments on these proposed improvements prior to that date, and would be happy to meet in person or at the site if that would be helpful to your Department. Please feel free to call me or Paul Banks with any questions, or to request more information. Thank you. 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