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Home My WebLink About840326.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW MINING PERMIT FOR AN OPEN CUT WET GRAVEL PIT - ZIGAN SAND AND GRAVEL COMPANY, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and • WHEREAS , the Board of County Commissioners held a public hearing on the 30th day of May, 1984 , at the hour of 2: 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Zigan Sand and Gravel Company, Inc. , 1875 West Dartmouth Avenue, Englewood, Colorado 80110 , for a Use by Special Review Mining Permit for an open cut wet gravel pit on the follow- ing described real estate, to-wit: Part of the NW4 , Section 10 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 . 4. 2 of the Weld County Zoning Ordinance provide standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Sections 24 . 7 , 44 . 1 , 44 . 2 and 44. 3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: a. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II . The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas , as long as appro- priate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . LHR 326 840326 Page 2 RE: USR - ZIGAN b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. c. The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. d. The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. e. Use by Special Review Operation and Design Stan- dards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review Mining Permit for an open cut wet gravel pit on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical per- mits be issued on the subject property until the Use by Special Review plat has been delivered to the De- partment of Planning Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities . Activities related to mining and reclamation are, there- fore, under the jurisdiction of the Mined Land Reclama- tion Board; however , Weld County has jurisdiction of those matters outlined in the Operation Standards. , Page 3 RE: USR - ZIGAN 4 . Prior to the Board of County Commissioner' s hearing, the applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Com- missioners. The agreement shall mitigate impacts gen- erated on county roads by the gravel mining operation' s truck traffic. The maintenance proposal shall address maintenance of the haul routes on Weld County Roads 7 , 20 and 202. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of May, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST A ttun WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boa Norman Carlson, Chairman $y: J _ EXCUSED DATE OF SIGNTNG - AYF De uty County C erk Ja ueline Johnson, Pro-Tem APPROVED TO FORM: pQ Gene R. r n County Attorney uck Carls n nti : 717ndI,.i J n T. Martin OPERATION STANDARDS Zigan Sand and Gravel U.S.R. - 627:84:23 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. Vehicular traffic shall ingress and egress onto Weld County Road 7 as shown on the submitted Use by Special Review plat. There shall be only one haul route. The haul route shall be from the point of ingress and egress onto Weld County Road 7 north to State Highway 119. 4. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. If it is determined by the Water Court that an augmentation plan is required, a water augmentation agreement will be made with the appropriate water district and the landowners. 5. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of Idaho Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood—proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 8. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 9. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARD G CERTIFICATION DOCKET I'.D-84-31 RE: USE BY SPECIAL REVIEW MINING PERMIT, OPEN CUT WET GRAVEL PIT, ZIGAN SAND AND GRAVEL COMPANY, INC. A public hearing was conducted on May 30 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chain Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner - Excused Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated May 14, 1984, and duly pub- lished May 17, 1984, in the La Salle Leader, a public hearing was conducted to consider the application of Zigan Sand and Gravel Company, Inc. for a Use by Special Review Mining Permit for an open cut wet gravel pit. Chairman N. Carl- son commented on the fact that only four Commissioners were present, and the pro- cedure which would be used in the event of a tie vote. He further stated that the applicant could request that this hearing be continued to a time when all Commissioners will be present. The applicant chose to proceed with today's hear- ing. Lee Morrison, Assistant County Attorney, read this application into the record. Rod Allison, Planning Department representative, read the favorable recommendation of the Planning Commission, along with the ten proposed Operation Standards, into the record. Mr. Allison further stated that the Planning Department staff recommends that Operation Standard #3 be amended by adding, "There shall be only one haul route. The haul route shall be from the point of ingress and egress onto Weld County Road 7 north to State Highway 119." Gilbert F. Rindahl came for- ward to represent the applicant. He stated that the applicant has no objections to the proposed Operation Standards, including the one proposed by the Planning staff. Commissioner C. Carlson questioned whether the applicant will be able to obtain the well permit called for in Operation Standard #4. Mr. Rindahl explained that currently there is a dispute between the State Engineer and gravel operators, which he expects to be settled in early fall. Considerable discussion was held about the water situation of gravel pits. Mr. Rindahl stated that the Mined Land Reclamation Board has already passed this, contingent upon Weld County's action, with the stipulation that Zigan conform to the policies of the State Engineer. Ed Hodges expressed his concerns about the impact of additional truck traffic on Weld County Road 7. The Commissioners assured Mr. Hodges that the issue has been dealt with and an agreement has been reached with the gravel companies as to the upkeep of the road. After further discussion about the water situation, Mr. Morrison recommended that Operation Standard #4 be amended by adding, "If it is determined by the Water Court that an augmentation plan is required, a water augmentation agreement will be made with the appropriate water district and the landowners." Dave Camenisch, president of Rural Ditch Co. , stated that a water auymentation plan has been prepared if such a plan becomes necessary. After further discussion, Commissioner Martin moved to approve the Use by Special Review Mining Permit requested by Zigan Sand and Gravel Co. , Inc. , with Operation Standards 3 and 4 amended as discussed. Commissioner Johnson seconded the motion which carried unanimously. APPROVED: inaltavvt� tatr-.' BOARD OF COUNTY COMMISSIONERS Ar1'LST: ""' WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman By: �w�? a, c4_) EXCUSED DATE OF SIGNING putt' County Clerk Jacqueline Johnson, Pro-Tem EXCUSED Gene R. antner TAPE #84-46 DOCKET #84-31 uck Carlson 11 �- � LHR 326 -1z i,2 i. / /�CG I✓/er i T. Martin ATTENDANCE RECORD DATE: May 30, 1984 TODAY' S HEARINGS ARE AS FOLLOWS : Docket #84-30 - USR, Church in Residential Four Zone District - Steven Sears Docket #84-31 - USR, Mining permit for wet cut gravel pit - Zigan Sand & Gravel Docket #84-32 - USR, Mining permit for wet cut gravel pit - Weld County Corp. Docket #84-18 - COZ, A to I-3 - Patterson's Pumping Services, Inc. Docket #84-27 - USR, Oil & Gas Production in R-a District R.A. Re �rce, Inc PLEASE write or print legibly your name, address and the DOCK #(as listed above) or the applicant ' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 1: A i<<:o,„,,.> ftUO [Or,, - S;z 1c -f r /- Z1Si� F - 3 / d� ;. ��.,i7 '7 M t.:.l; H b' y - /5 d t'A f. 4 Affidavit of Publication STAr_ OF CCLORADO. 1 a. ��County of wad / % ;L'rC,G/ of said County a! Weld, being guly sworn, soy that 1 am publisher of 71 ', LEGAL NOTICE that the same is a weekly newspaper of general Pursuant to nv,maieg laws of the State eirulanon Ca. ormind J.rad published in the of Colorado andtl)e Weld County Zoo- / %v felin Ordinance,a yrh tearing will he /Il��lll town of a [[[�� . held Ind Chaster I the Board of in said coon and state: that the notice or adv.,. ('mthly( nl•Nllreis T w I r c rthny tisement, of which the annexed is a true m (-Mar,915 10th Hi'. ee ey.Cente Col- orado.ropy. orado. 415 10th spetif, limrlpe('ms has been published in said warily newspaper ••r«Am,at me new yptaIRvd,.ARwosiwii. In any manner 4perested in the Ilsriry for 1 Consecutive Special Review-are requested to attend and may he heard. weeks: that the notice was published in the regular and entire issue of every number of said RI'.IT ALSO KNOWN that the text and maps no certifiedIlYnewspaper dung the period and time et publi. sun the WeldCoined Planning f. glubo may be examined cation at said notice and in the newspaper in the office of thafierl to the Hoard of County Commhakmers..located in the proper and not in a supplement thereof: tool the Weld County Cealennlal Center. 915 tint publication of said notice was contained in I(hh Street,Third limn,(ire.lev,(id- the issue of sat wa or"I"paper beorina dale the itday of A.D., 19 DOCKET NO.-84.31 and the last publican thereat. in thby issue of AVI1)CAN1 said,news cper being date, the .1.L. day d Nan tiatM.uMiva I1. ) n w lain. ,,� IM7591rw Darts d Avenue 1 tMd.Pno l 4 a Mill() 19 W; that the said / O /t/i DATE:May MI,19X9 ( 'A 1 'TJ`�.�1� 'TI ;I/4 TIME:2:IM Y.M. has been published continuously and uninternipt• REQUEST:Use by Special Review Min- wily during the period of at least fdtrtwo con- km Penal(her anapest rut wet grape'pit secular*weeks next prior to the first issue thereof .Mine.DESCRIPTION containing said notice or advertisement above referred to, and that said newspaper was at the • Part of the NW%,-Seetlot',Township time d each of the publications of said notice, Weld County,, Cubn«st, �r M1tIt P.M.. Weld C,ttlk,. duly qualified for that purpose within the mean NTY ing of an act entitled. "An Act Concerning Local BOARD(II' LONERS COY,COLORADO Notices. Advertisements and Publications, and WELD C(R1NTY,COLORAUO the Fees of Printers and Publishers thereof, and BY:MARY ANN IrEl1f:RSTEIN Io Repeal all Acts and Parts of Acts in Conflict COUNTY CLERK AND RECORDER with the Provisions of this Act."approved Anal 7. AND CLEAR TO THE BOARD 1921. and ell amendments thereof, and partiau• gy:Mary Rein.Deputy. linty as amended by an act approve . March 36, DATED:May 14,'les9 act approved May 1931. baansa IS:IS La Salle Leader ThurWy,May It 1184, Subscribed and worn to befor me this e / /,, ./l day of A.D.. 19.G./ — , My commission expires /l Notary Public IUZADETH MASSEY -22019 W.C.RD. 54 GREELEY, CO 80631 • . ' / . NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 84-31 Zigan Sand and Gravel Company, Inc. 1875 West Dartmouth Avenue Englewood, Colorado 80110 DATE: May 30, 1984 DIME: 2 : 00 P.M. -REQUEST: Use by Special Review Mining Permit for an open cut wet gravel pit LEGAL DESCRIPTION: Part of the NW4, Section 10, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: May 14, 1984 PUBLISHED: May 17, 1984 , in the LaSalle Leader _DATE : May 1z _984 X • lip: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office commissioners: If you have no objections , we have tentatively set the following hearings for the 30th day of May, 1984, at 2 : 00 P.M. DOCKET NO. 84-30 - _STEVEN SEARS, USR - Church in Residential Four (R-4) Zone District DOCKET NO. 84-31 - ZIGAN SAND & GRAVEL CO, INC. , USR - Mining permit for an open cut wet gravel pit OFFICE OF THE (I CLERK /TO THE BOARD BY f„ •, L,-. n a Y Z�� -Deputy I -The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AGREEMENT REGARDING SAND AND GRAVEL MINING AND -AUGMENTATION PLAN PERTAINING THERETO 1. PARTIES. The parties to this Agreement are DOROTHY E. LARSON ("Larson") , DAVID E. CAMENISCH and GLORIA F. CAMENISCH (Camenisch) , and THE WATER USERS ASSOCIATION OF DISTRICT NO. b, a Colorado nonprofit cor- poration ("Water Users") . The -reference to "Water Users" as used in this Agreement shall be interpreted to include the Water Users; member ditches of the Water Users, unless the context indicates otherwise. 2. RECITALS. Camenisch and Larson own the property described on Exhibit A. Ted Zigan ( "Zigan" ) has leased the Property for sand and gravel mining and has applied to Weld county for a special use permit and the Colorado Mined Land Reclamation Board fora mining permit, to permit it to conduct sand and gravel mining activities on the property. It is also anticipated by the Water Users that the mining operations contem- plated by Zigan may have an impact on historical surface ant ground water patterns on and in the vicinity of the Property. Furthermore , the parties acknowledge that the construction of lakes, which are part of Iigan's reclamation plan, will result in additional evaporation from open water surfaces which will adversely affect Water Users unless augmented. The Water Users have no objection to Zigan's mining operations and recla- mation of the Larson Property if the concerns expressed -above are ad- dressed and the interests of the Water Users are satisfactorily pro- tected . Camenisch and Larson have agreed to protect those interests and the purpose of this Agreement is to set forth the specific agreements of the parties. 4. CAMENISCH AND LARSON AGREEMENTS . Camenisch ant Larson agree as follows: a. To pay to the Water Users the sum of $500.00 as reimburse- ment for its necessary and reasonable expenses incurred in connection with its review of the mining and reclamation plan and the preparation of this Agreement. b. To augment Boulder Creek, in accordance with the water augmentation policy for gravel pits of the Water Users Association of District No . 6, thereby preventing injury to other water users, by ton- veying to the Water Users Association of District No . 6 an amount equal to two acre feet of augmentation for each surface acre of lake construct- ed. During mining operations, this water shall also be used, if needed, to compensate ditches Tor carrying losses caused by Zigan' s mining activ- ities. Zigan's current plans call for the Construction of approximately 47 surface acres of lake . If, at the end of its mining operations on the property, Zigan has constructed lakes having more or less than this number of surface acres, Water Users shall convey to Camenisch -and Larson all water which has been conveyed to the Water Users by Camenisch and larson over and above an amount determined by multiplying the number of surface acres of lakes (on each owner's property) by two acre feet or, if -necessary, Camenisch and/or Larson shall convey to the Water Users addi- tional water in order to equal the amount of two acre feet for each surface acre of lakes constructed. Camenisch and Larson further agree that the water rights which shall be used for augmentation in compliance with the foregoing provisions and in compliance with the water augmenta- tion policy for gravel pits of the Water Users Association of _District No . b shall be the portion of the water rights described on Exhibit B required by this paragraph, or comparable water rights. c. In order to implement the provisions of this Agreement, the water rights described above (with the exception of any Colorado Big Thompson Project Water which is used for augmentation) shall be conveyed to the Water Users Association of District 6 by deed or by appropriate stock transfer and , the deed of conveyance shall recite or the stock certificate issued to the Water Users shall bear, the following notation: "These water rights (shares) and the uses of water attributable thereto are restricted by an Agreement dated entered into between David E. Camenisch, Gloria F. Camenisch, Dorothy E. Larson and the Water Users Associationof District No. 6, a Colorado nonprofit corporation, and are subject to the terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and affects part of Section 10, Township 2 North, Range 68 West of the -6th P.M. , Weld County, Colorado." d. With respect to the water rights transferred and/or re- stricted pursuant to this Agreement, pay all ditch assessments until such rights are required for augmentation at and from which time the Water Users shall Tay all ditch assessments. Voting of the shares transferred pursuant to this Agreement shall be determined by the Board of Directors of the Water Users Association of District No. 6. 4. INDEMNIFICATION. Zigan hereby agrees to at all times indemnify and keep indemnified the Water Users Association of District No . 6, and its respective officers and directors, and hold and save them harmless from and against all liability for damages, loss, costs, charges and expenses of whatever kind and nature, including attorneys' fees, which they or any of them shall or may, at any time, sustain or incur by reason or in con- sequence of Zigan ' s mining operations or reclamation of the Property. 5. COVENANT RUNNING WITH THE LAND AND WATER RIGHTS AND EASEMENT. This Agreement shall be a covenant which runs with the land described en Ex- hibit A, and the water rights described above , and shall continue in effect and be binding upon the parties, their successors and assigns, 2 unless or until the -Water Users waive the terms hereof in writing or until entry of a judicial determination modifying this Agreement or de- termining that the provisions hereof are no longer required. 6. -WATER USER'S AGREE-MENT. In consideration of the covenants and agreements of Camenisch and Larson, the Water Users hereby: a. Withdraws any and -all objections to the special use appli- cation which Zigan has filed with Weld County and consent that the same may be issued at the discretion of Weld County. b. Withdraws any and all objections to the granting of the mining permit which Zigan has applied to the Colorado Mined Land Reclama- tion Board for and consent that the same may te issued at the discretion of the Colorado Mined land Reclamation Board. c. Covenants that it will mot raise any abjection to the mining or reclamation conducted in accordance with the provisions hereof and the approved mining and reclamation _plans, or commence any litigation seeking injunctive or compensatory relief arising therefrom except for violation of the covenants and agreements set forth Mersin. 7. TERMINATION _OF AGREEMENT. In the event that no Mining and Reclama- tion Plan is -Litany approved by Weld County and the Colorado Mined Land Reclamation Board, th-at mining permits are not granted, or that Zigan does not mine the property, this Agreement, At the written request of Camenisch and Larson shall be null and void, and all water rights which have been conveyed or -assigned to the Water users pursuant hereto stall be returned to Camenisch, Larson, their successors or assigns. 8. ENFORCEMENT. .This -Agreement may be enforced by the Water Users, or any of itsinembers who are adversely affected by -any violation of any term hereof, ti seeking any appropriate equitable and legal remedies, including injunctive relief, specific performance -and damages . In the event that litigation is commenced by the Water Users or any of its mem- bers to obtain such enforcement, and the Water Users or any member pre- vails, Camenisch and Larson and/or their successors and assigns (which- ever is found tole in default or liable) agree to pay -For any reasonable attorneys' fees and court costs expended by the Water Users or the member in obtaining such enforcement. However, if Camenisch and/or L-arson pre- vail , the Water Users, or the member instituting the litigation, shall pay such fees and court -costs expended _by them. 9. EXHIBITS. All exhibits referred to in this Agreement are, by refer- ence, incorporated herein for all purposes. 3 10. BINDING EFFECT. This Agreement shall be binding upon the parties and their respective successors and assigns. DATED: THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation By David E. Camenisch Gloria F . Camenisch Dorothy E. _Larson WHG:bs 4 EXHIBIT A GRAVEL PIT AUGMENTATION POLICY The St. Vrain & Left Hand Water Conservancy District The Policy of the District with respect to augmentation for evaporation from gravel pits is as follows: 1. Require two acre-feet of augmentation water per acre for each additional acre of open water surface created by mining. 2. Water rights conveyed to the District for augmentation must be first adjudication rights (1882) or Colorado Big Thompson Project water. Where C.B.T. water is proposed, it is subject to the approval of the Board of Directors of the Northern Colorado Water Conservancy District. 3. The quantity of water available from water rights proposed for augmentation is to be determined by engineers for the District based upon the historic average annual diversions attributable to the water rights. 4. No credit is to be _given for historic consumptive use resulting from unadjudicated sources such as sub-irrigation from ground water_ ground water evaporation, wastewater, bogs and marshes. Such consumptive use is considered to be attributable to out-of-priority diversions from these sources and cannot be claimed for augmentation purposes. 5. Augmentation water rights are to be conveyed to the District, provided however, -that C.B.T. -water shall remain allocated to the land and titled in the name of the landowner, but shall be subject to a cov- enant tying it to the Augmentation Agreement. 6. The District shall own all augmentation water (other than C.B.J. ) and shall exercise all rights and responsibilities of ownership of rights transferred to the District, subject to the provisions of the Augmentation Agreement. 7. The landowner shall file for conditional and absolute water rights on water stored in gravel pit ponds, filing to be undertaken as soon as possible after execution of the Augmentation Agreement and pur- sued diligently to final decrees. 8. The applicant shall pay to the District a reasonable amount to reimburse for legal and engineering expenses incurred in reviewing the mining proposal and preparing the Augmentation Agreement. 9. In the future, if required by Colorado statutes, Colorado State Engineer or other water users, the applicant agrees to file a formal Plan of Augmentation with the Water Court. Both the District and the applicant agree that the standards set forth in this policy shall govern their positions with respect to any formal -plan of augmentation; in other words, the District agrees not to request additional augmentation water and the applicant agrees to -waive any claims it mi'ght have to furnish less augmentation water. EXHIBIT B EXHI-BIT B TO: -AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO PARTIES: DOROTHY E. LARSON, DAVID E. CAMENISCH and GLORIA T. CAMENISCH and THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation WATER RIGHTS The following water rights are "attached and appurtenant" to the property described an Exhibit A and are to be used -for purposes of augmentation pursuant to the foregoing Agreement: .97 share of the common capital stack of The Rural Ditch Company. Public Notice US4Urnytorps of Engineers Reply to: Application No: co 25-B OXT 2 006263 Omaha District Permits Branch Date: April 70, 1984 Pr) Bax Expiration Date: May 29, 1984 Omaha, N1 _6111101 r77\1r MROOP-N-11�' ` Zigan Sand and Gravel 1's 30 DAY NOTICE Channel Change` MAY 3 1984 Idaho Creek • GCS.-r EY. COLD., NOTICE OP PERMIT PENDING The application of Zigan Sand and Gravel, 1875 West Dartmouth Avenue,Englewood, Colorado 10110, for plans and issuance of a permit under authority of the Secretary of the Army is being considered by the District Engineer, O.S. Army Engineer District, Omaha, Nebraska. The applicant requests permission to -place Till material in Idaho Creek in conjunc- tion with a channel change project locatedrn Section 10, Township 2 North, Range 68 West, Weld -County, Colorado. The proposed project will consist of Excavating a new channel in order to divert the creek around e sand and ravel mining operation (see the attached drawing for relocation) . An estimated 555 cubic yards al material will We excavated to construct the new channel which will be approximately 1,500 feet long by 10 feet wide by 1-foot deep. Approximately 8,330 _cubic yards of gravelly silt loam will be used to construct a berm the entire length of the new channel on the west side. The berm will cross the old creek channel at two locations to cut off the flow. The berm will be approximately 15 feet high with a 1-0—foot tap width and side slopes of 3—foot horizontal to 1-foot vertical (-see attached drawing) . The purpose of the project is to relocate Idaho Creek to avoid the mining opera- tion. Certification that the proposed activity will not violate applicable water quality standards has been requested from the Colorado Department of Health, Water Pollution Control Division, 4210 East 11th Avenue, Denver, -Colorado 80220. In compliance with the National Environmental Policy Act of 11969 and Section 106 of the National Historic Yieservation Act of 1966, as amended, the National Register of -Historic Places and current supplements have been consulted. There are no sites included or which have been determined eligible for inclusion therein which will be affected by the proposed project. In -compliance with the Endangered STecies -Act , our review indicates that the proposal will not affect species designated as threatened or endangered mursuant to the Endangered Species Act or their critical habitat . The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the ?i E . = // %� ' -7- public interest. That decision will -reflect the national concern for both protec- tion and utilization of important resources . She benefit which reason-ably may be expected to accrue from the Proposals must be balanced against its reasonably foreseeable detriments . All factors which may be relevant to the proposal will be consi-dered including the cumulative -effects thereof; among those are conserva- tion, economics , aesthetics, general environmental concerns, _wetlands , _cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conserva- tion, water quality, energy needs, safety, food production, and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act (40 C.F.R. , -Part 230) . Any person may request , in writing, within the comment period specified it this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reason for holding a public hearing. The request must be submitted to the District Engineer, Omaha District, Corps of Engineers, P.O. Box 5, Omaha, NE 6_8101. Any interested party (particularly officials of any town, city, county, state, federal agency, or local association whose interests may be affected by the proposed work) is invited to -submit to this office written facts, arguments, or objections on or tefore May 29, 11984. Any agency or individual having an objection to the work should specifically identify it as an objection with _clear and specific reasons. Comments, Both favorable and unfavorable, will the accepted, made a part of the record and will receive full consideration in subsequent actions on this permit application. - Comments received after public notice expiration date will not be considered. A Permit, if granted, will be under the provisions of Section 404 of the _Clean Water Act. A drawing showing the location and extent of the work is attaaached to this -notice. /6/27/1412 RALPH J. MILLER Chief, -Regulatory Branch Operations Division Attachment �{ � 10 Ow �•- -/ IDAHO REEK i• `" r•.. • ‘...> • Water Depth: I'S(Seasonal) ti ?rte; J: 11pliT %i ► . .. I on1 ,j • •'r VII Zsor I Li SECTION (TYP.) OF PRESENT LOCATION, IDAHO CREEK ^ •_ y SCALE RELOCATED d -. IDAHO CREEK Ho r.—Ill• 50• w _� I� ail• Ver.— I'•=40' 311 Slope 10'Dee PROPOSED w �• vii Back . RELOCATION � Mined a L_ � 2;1 Slope IO'+Dee filled DWeo ft w'-- „ !ow ,e I01 eretio.SECTION (TYP.) OF PROPOSED RELOCATION, IDAHO CREEK . '<. l��TTT ' PRESENT LAND USE IS z.'2 • 7 Z IRRIGATED PASTURE ` :'::> • • N • �'tel: myYY 1 • •�` �. �.•. �. art, u w a85° , II 'erg ay - i.S ._' H 36 PRESENT 1:::::::: '?f` •:;i i . .d N - LOCATION f : I • IDAHO CREEK Proposal I'";; From Colorado Dept. of Highways VICINITY MAP . ((( Born I Miles O 5 10 15 20 25 Seasonal DEPTH OF WATER= Ift.* ' r_— , , , FLOW RATE= 10 eft iii i:I r>:; ;;I i5: I :::' 11i1 PROPOSED RELOCATION I ::i::;: _ IN IDAHO CREEK AREA TO BE MINED "` 'I I A\ i 6 MILES EAST OF LONG- FOR GRAVEL1 MONT, COLORADO PROPOSED I: -: ; RELOCATION, j SCALE: 1 =2Od \ IDAHO CREEK-2 'rl �� —4850- :::::. [ PERMITTED MINING BOUNDARY9 IDAVE CAMENISCH PURPOSE: Channel Change PHIL CAMENISCH DATUM ADJACENT PROPERTY OWNERS: IN Idaho Cree/c T AT 5_ea to, T2N, RIGg(.0 2 COUNTY OF LJeld STATE CD APPLICATION BY 2,5QO Sand a G-rave, SHEET / Of / DATE - - MEWRO iSMA"Y"16 1643 AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder Roger L . Morris NOTICE do Purulent to the zoning laws of the solemnly swear that the LONGMONT DAILY TIMES-CALL is a •tyyebinOrdinance, public hearing daily newspaper printed, in whole or in part, and published in will be held in the Chambers of the Board of County Commissioners of the City of Longmont, County Weld County,Colorado,Weld County of Boulder, State of Colorado, Centennial Center,918 IOM Street, and which has general circulation therein and in parts of Boulder First punted Greeley,persons Itn the and Weld Counties; that said newspaper has been continuously g•al manner Interested quest Use by attend and may be heard. and uninterruptedly published for a period of more than six months BE IT ALSO KNOWN Mat the text and next prior to the first publication of the annexed legal notice maps,so certified by the Weld County Planning Commission may be exam- of advertisement, that said newspaper has been admitted to the Boa d of the tyeCommi siioers,tlo- United States mails as second-class matter under the provisions ceente in 3 s tan Street`YT irrdtFloor, of the Act of March 3, 1879, or any amendments thereof, and DOCK Yr.u • PPLi' that said newspaper is a daily newspaper duly qualified for publishing zlg nlSSaand endorevelCompany,Mo, legal notices and advertisements within the meaning of the laws Englewood,Coloradone Avenue DATE:May of the State of Colorado; that copies of each number of said TIME:2 PM.1B8° REQUEST: Use by Special Review newspaper, in which said notice or advertisement was published, Mining Permit'for an open cut wet rayelt were transmitted by mail or carrier to each of the subscribers ' LEGAL DESCRIPTION: of said newspaper, according to the accustomed mode of business shipz ottn Range 08 Westo the in this office. eta P.M.,Weld County,Colorado -BOARD OF COUNTY. COMMISSIONERS That the annexed legal notice or advertisement was published , BWELD Y:MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER in the regular and entire editions of said daily newspaper XrtteUtaa1X, AND CLERK ryRelE,BOARD u DATED:May 10,1984 Published In the Daily Times-Call, **84(X XIX AIX XltrYekX4 RaXIX Melt for the period of 1 Longmont,Colo,May 1y,1980 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated May 17 19 84 and that the last publication of said notice was in the issue of said newspaper dated Mdy 17 , 19 84 no srstant Business Manager Subscribed and sworn to before me this 17th day of nELD tfunity .May 19. 84 ['; o i `" C � I c 1 MAY 2 5 1984 l—Islpary b �I: FEE $ 11 . 10 nv Cowt.M;S 11:1 LxPIRRS • • coi- • ;1 1-1300-02 May 10, 1984 I hereby request that the Use by Special Review hearing on the request for a mining permit for an open cut wet gravel pit for Zigan Sand and Gravel Company be pre-advertised for May 30, 1984 . I guarantee that advertising costs with be paid with respect to this hearing. Ziga and Gravel Company Norman Carlson Chairman - Board of County Commissioners BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Holman that the following resolution be ir1LLd1$ 4 Omar! ge by the Weld County Planning Commission. Be it Resol 113 t Planning Commission that the application for: ".Lliz" 1, i / ' CASE NUMBER: USR — 627:84:23 MAY 1 8 1984 />91,7 NAME: Zigan Sand and Gravel Company, Inc. GREELEY. COLO. ADDRESS: 1875 West Dartmouth Avenue, Englewood, CO 80110 -REQUEST: A Use by Special Review Mining Permit for an Open Cut Wet Gravel Pit LEGAL DESCRIPTION: Part of the NW4, Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 31 miles northwest of Firestone; south of State Highway 119 and east of Weld County Road 7. be recommended favorably to the Board of County Commissioners for the following reasons: THE WELD COUNTY PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume 1I. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) ; - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district; - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future; - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern; - Use by Special -Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and _placed on the Use by Special Review plat prior to recording. USR - 627:84:23 Zigan Sand and Gravel Company, Inc. A Use by Special Review Mining Permit for an -Open Cut Wet Gravel Pit Part of the NWy, _Section 1D, T2N, R68W of the 6th P.M. , Weld County, Colorado May 15, 1984 Page 2 2. The prescribed Use by Special Review activity shall -not occur nor shall any building or electrical permits be issued on the subject property until the Use by _Special Review plat has teen delivered to the Department of Planning Services office and the plat -has been recorded in the office of the Weld County Clerk and -Recorder. 3. The fallowing note being placed on the Use 'by Special -Review Permit plat: NOTE: The Mined Land -Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation ars, therefore under the jurisdiction of the Mined land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 4. Prior to the Board of County Commissioner's hearing, the applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Commissioners. The agreement shall mitigate impacts generated on county roads by the gravel mining operation's truck traffic. The maintenance proposal shall address maintenance of the haul routes on Weld County Roads 7, 20 and 20k. Motion seconded by: Sharon Linhart Vote: For Passage Against Passage Bob Ehrlich Lydia Dunbar Doug Graff Sharon Linhart _Louis Rademacher Jack Holman The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the -Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopte-d on May 15, 1984 and recorded in -Book No. IX of the proceedings of the said Planning Commission. Dated the 16th day of May, 11984. Secretary OPERATION STANDARDS Zigan Sand and Gravel U.S.R. - 627:84:23 1. The uses permitted on said described parcel shall be the extraction of sand and gravel AS described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. Vehicular traffic shall ingress and egress onto Weld County Road 7 as shown on the submitted Use by Special Review plat. 4. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. 5. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: -A. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of Idaho Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately _flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6. The applicant shall comply with the design standards for the Use by Special Review, Section 211.5 et seq. , of the Weld County Zoning Ordinance. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 8. -Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out -on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 9. The Use by Special Review area shall be limited to the plans shown hereon and governed -by the Standards as stated above and all applicable Weld County -Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10. -The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation -of the Permit by the Board of _County Commissioners. DETERMINATIONS TO BE MADE BY THE BOARD OF COUNTY COMMISSIONERS ON USE BY SPECIAL REVIEW REQUESTS 24.4.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24.2.2, 24.5 (design standards) and 24.6(operation standards) . The applicant has the burden of proof to show that the standards and conditions of 24.4. 2, 24.5 (design standards) and 24.6 (operation standards) are met. The applicant shall demonstrate: 24.4.2. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 24.4.2.2 That the proposal is consistent with the intent of the district in which the USE is located. 24.4.2.3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 24.4.2.4 That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPREHENSIVE PLAN of the COUNTY or the adopted MASTER PLANS of affected municipalities. 24.4.2.5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 24.4.2.6 That if the USE is proposed to be located in the A—District, that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24.4.2.7 That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. LAND USE APPLICATION SUMMARY SHEET May 15, 1984 CASE NUMBER: USR-627:84:23 NAME: Zigan Sand and Gravel Company, Inc. ADDRESS: 1875 West Dartmouth Avenue, Englewood, Colorado 80110 REQUEST: A Use by Special Review Mining Permit for an open cut wet gravel pit LEGAL DESCRIPTION: Part of the Northwest 1/4, Section 10, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3-1/2 miles northwest of Firestone; south of State Highway 119 and east of Weld County Road 7 SIZE OF PARCEL: 71 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review application for a Mining Permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource such as sand and gravel should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and the Mineral Resource Study. The Army Corps of Engineers is aware of the proposed channel change on Idaho Creek. Their letter is submitted for your information. The Weld County Engineering Department has submitted a proposed Road Maintenance Improvements Agreement. A copy is enclosed for your information. Water augmentation may be an issue in this case. A letter and supporting material has been included in your packet addressing this situation. Water augmentation is a responsibility of the State Engineer and the Water Courts. Gravel pit operators should apply for, all necessary permits from the State Engineer, Division of Water Resources. MSM:dg FIELD CHECK FILING NUMBER: USR 627:84:23 May 4, 1984 DATE OF INSPECTION: NAME: Zigan Sand & Gravel Company, Inc. REQUEST: Use by Special Review Permit for Open Cut Wet Gravel Pit LEGAL DESCRIPTION: Part of NWT, Sec. 10, T2N, R68W of 6th P.M. LAND USE: N Hwy. 119, Big Horn Farm Center, Valley Hayloft Restaurant, pasture gravel pit, 5 residences. Irrigated cropland and pasture, David Camenisch dairy, 6 residences, E Mel Camino to the_nsrtheast. Phil Camenisch Dairy, pasture, cropland to southeast, 3 residences to S southwest. WCR 7, farm.residence, St. Vrain Gravel Pit & Batch Plant, pasture, W cropland, 1 residence, 2 mobile home, Western Paving Gravel Pit to southwest ZONING: N Agricultural, C-3, C-4 LOCATION: Approximately 3.5 miles northwest E Agricultural, C-3, R-5 of Firestone; south of State Highway S Agricultural 119 and east of Weld County Road 7 _ W Agricultural, I-3 • COMMENTS: The subject site is 71 acres of irrigated pasture land with Idaho Creek flowing through the site. The Use by Special Review Mining site is within the 100-year floodplain of Idaho _;reek. There are no improvements on the property, it is relatively flat and it has access to Weld County Road 7, a newly paved road. There are 19 residences within a 1/2 mile radius of this proposed gravel pit. BY: AcgaeES. M cQ Michael S. Mullen, Current Planner MSM:dg I I Zigan Sand and Gravel Pp P it No. 4 1 Application for Use By Special Review Permit in Weld County, Colorado April 6, 1924 PREPARED BY RENDAHL AND ASSOCIATES 2305 S. SYRACUSE WAY SUITE 217 DENVER, COLORADO 80231 Gilbert F. Rindahl,P.E. C.Jay Silvernale Bruce G. Rindahl Rindahl&Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • 13031 696-6846 PROJECT OVERVIEW Ziat a site located t and r proposes mine sand and gravel locaedone mile west of 1-25, and west of Weld County Road 7 approximately 4850 feet above MSL . The operation is in Weld County. This application is being submitted to the Colorado State Mined Land Reclamation Board in order to obtain a 112 permit for the operation. The application is for 71 acres. In conformance with all applicable rules and regulations , background information on the site and the nature of the proposed operation is presented in the following application . This application has been prepared by: Rindahl & Associates , Inc, 2305 S. Syracuse Way Suite 217 Denver , Colorado 80231 This application contains proprietary information and express permission of the operator or preparer must be obtained to reproduce any part thereof . Sincerely, iiiiiiiiiii 04_ RINDAHL & ASSOCIATES, INC . ++moo �£�S etti 0.5,1%= • 1114 er F. Rindahl, President Engineering& Environmental Services A of•co4D ��' �r$ r f/ , o � David DEPARTMENT GetaExecutive NATURAL D RESOURCES x,8,6 = MINED LAND RECLAMATION DIVISION DAVID C.SHELTON, Dlrsctor �...- i Richard D.Lamm Governor •. r REGULAR (112) PERMIT APPLICATION FORM Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101, et seq, as amended. (Type of Print Clearly) Zigan Pit #4 1. Name of Operation (pit, mine or site name) 2. Name of Applicant/Operator Zigan Sand and Gravel, Inc. (name to be used on permit) 3. Address and Phone Number of 1875 W. Dartmouth Avenue Local Office Englewood, Colorado 80110 (303) 781-5661 4. Address and Phone Number of 1875 W. Dartmouth Avenue General Office Englewood, Colorado 80110 (303) 781-5661 5. Name and Phone Number of Person Gilbert Rindahl, Rindahl & Associates, Inc. Staff Members Should Contact (303) 696-6846 6. Parent Corporation, If Any WINE (include name and address) � 7. Owner(s) of Record of Affected Dorothy E. Larson Land (surface area) } David E. and Gloria F. Camenisch (if more than two, list in EXHIBIT P) 8. Owner(s) of Substance to be Dorothy E. Larson Mined (if more than two, list I David E. and Gloria F. Camenisch in EXHIBIT P) 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel.(303) 866-3567 a -2- 9. Source of Legal Right-to-Enter Notarized statement (indicate what type of proof is included in EXHIBIT U) See Rule 34-32-112(2) (d) 10. Type of Mine and Substance to Open pit; Sand and oravel be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined 11. General Location and Elevation One mile west of I-25, west of Weld County (miles and direction from } Road 7 nearest town and approximate IFlavatinn = 4850' site elevation 12. County Weld 13a Total Surface Acreage to be In- cluded in Permit (Rule 1.1(2)) 71 13b Total Acreage of Affected Lands (Rule 2.11(14) ) 71 14. Application Fee (see Rule 2 to Al mmn nn determine amount, based on permitted area) 15. Present Land Use (i.e., agri- cultural, industrial, etc.) Agricultural 16. Surrounding Land Uses Mining, agricultural 17. Proposed Future Land Use (final use after reclamation) Open mining 18. List Mining Operations Currently NONE In Violation of the Act. (See 34-32-120) 19. The Lands Herein Do Not Affect Affirmation any of the Lands Described in Section 115(4) (f) of the Mined Land Reclamation Act. (specify affirmation) -3- MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicant must submit a corresponding set of the maps and exhioits outlined in rule 2, as follows: 1. EXHIBIT A - Legal Description 2. EXHIBIT B - Index Map 3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands 4. EXHIBIT U - Mining Plan 5. EXHIBIT E - Reclamation Plan 6. EXHIBIT F - Reclamation Plan Map 7. EXHIBIT G - Water Information 8. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Information 11. EXHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs 13. EXHIBIT M - Compliance with Local Zoning (See 34-32-115(4) (e) and 109(6)&(8) 14. EXHIBIT N - Other Permits or Licenses (See 34-32-115(4)&(4) (c) 15. EXHIBIT 0 - Source of Legal Right-To-Enter (See 34-32-112(2)(d) 16. EXHIBIT P - Owners of Record of Surface and Subsurface Rights (See 34-32-112(2)(b)&(c) . " NOTICE OF PROCEDURES After the application is considered "filed" (pursuant to Rule 1.1(10) with the Mined Land Reclamation Division, notice procedures outlined in Rule 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR staff informing you of the Completeness ("filing") of your application. ) -COLORADO WATER LAWS The permittee is encouraged to contact the State Engineer, with regard to the administration of water rights, and the Colorado Department of Healtn, with regard to the disznarge of pollutants into the waters of the State. Violation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of Health. -4- AOOITIONAL INFORMATION This space can be referenced for further information of any of the items in this form. • , r 1!o the best of my Knowledge, all the information presented in this application is true and correct. Date: March 30, 1984 -By: 2 ,{f � title (Signature by individual legally authorized to bind the operator to this application) (Rev. 9/83) Joc. No. 7047 E x i-i i I T A LEGAL DE-CF2 I PT I DM Portions of the NW 1/4 NW 1/4, NE 1/4 NW 1/4, SE 1/4 NW 1/4 and SW 1/4 NW 1/4 of Section 10, Township 2 North, Range 68 West, 6th P. M. , Weld County, Colorado, as depicted on Sheet 1 of 2, Pre-Mining Map, 84-0206. A-1 EXI--1 I E I T B I IVI}E X MAF Me Index (Vicinity) Map appears on the Pre-Mining Map, located in the back pocket of this report, Sheet i of 2. B-1 EXHIBIT C FIRE-MINING AND M I N I NC-s PLAN MAPS The Pre-Mining and Mining Plan Maps are located in the back pocket of this report, Sheet 1 of 2. 0-1 EXHIHIT I) 1"fINIR1G P!_AN The mining operation will be dry. The excavation will be pumped dry -after reaching the water table. Mining will proceed from the northern edge of the property and move toward the south. Topsoil will be stripped by scrapers or front end loaders and stockpiled on locations shown on the mining plan map. Aggregate to he mined will be removed by a dragline or front end loader and deposited in the area of the processing plant or near the end of the conveyor which will transport the material to the plant site. Earthmoving will be conducted in three phases. Phase I will be the removal and stockpiling of topsoil and overburden. Phase II will be the removal of the aggregate material by dragline. Phase III will be the replacement of overburden and topsoil . Phases I and II will be conducted by scrapers, front end loaders or dragline. Idaho Creek will be diverted as shown on the mining map. a Corps- of Engineer 404 Permit Application has been submitted . Diversion will not be attempted until this application has been approved. This diversion will be permanent as shown on the reclamation plan map. The maximum area to be mined during a one year period will be 15 acres. The plant site will require approximately acres. The access road will be no more than 500 feet long and 24 feet will be for a maximum area of 0. 25 acres. The timetable of mining will take place in five stages as shown on the mining map. Each stage is expected to be finished during one year of operation, Each stage will be mined as shown on the mining map. Overburden and topsoil varies from 0. 5' to 7' with an average depth of about 2. 5' . Maximum depth to the bottom of the aggregate material is 1,S' . The stratum immediately beneath the material to be mined is the Pierre Shale. D-1 E X H I B I T E f2EIMLAMAT I c t i P'LIPAi i f=inal reclamation will result in a pond approximately 47 acres in size. The remainder of the ?b acres property will be planted with native grasses. Earthmoving during reclamation will be the replacement of overburden material to insure the proper slope of the backfill below the waterline. During phase I , the portion of the existing pond will be back:filled with overburden and sand from the stripping operation. The selection of a pond for reclamation is that there is insufficient material remaining as waste to completely fill the void where gravel was removed. This general area has been used for mining aggregate for a number of years. Some mining of other pits is continuing at this time. The end use of a pond and native grasses is also compatible with the general area of wetlands and open spaces that are common to the region. The landowner does not intend for any of this land to be for public use. Grading Grading will be planned to provide a slope of 3: 1 from the undisturbed terrain to 10 feet below the expected water surface. Where backfilling is required, the operator will insure proper compaction for stability. There are no toxic materials in the mining area and none will be introduced. There are no toxic or acid producing materials associated with the mining operation. No refuse will be mined. There will be no drill or auger holes, addits or shafts constructed as a part of the mining operation. Slopes will not exceed 3 horizontal to 1 vertical from the undisturbed land to 10 feet below the surface where the slope will be no steeper than 2 horizontal to 1 vertical to the bottom of the excavation. Swimming is not to be allowed during of after reclamation. Reclamation will not involve agriculture or horticulture. E--1 Water Disturbance to the hydrologic balance will be minimized by A. Compliance with applicable Colorado water laws and regulations governing injury to existing water rights; B. Compliance with applicable Colorado and Federal water quality laws and regulations; C. Compliance with applicable Federal and Colorado dredge and fill requirements; D. Insuring that no temporary or large siltation structure will be a part of the mining or reclamation plan. There will be no earth dams constructed as a part of the mining or reclamation plans. See Exhibit G for further information on hydrology. Wildlife All aspects of the mining and reclamation plan will take into account the safety and protection of wildlife on the mine site. There will be no habitat management as a part of the reclamation plan. See Exhibit H for further information -concerning wildlife. Fopsoilinq Topsoil will be removed and segregated from overburden and gravel . A portion of the topsoil will be stockpiled along the southwest perimeter of the site for use during the final stages of reclamation. This stockpile will be seeded with a fast growing wheatgrass to prevent erosion from wind and rain. The remaining topsoil will be used for reclamation of the shoreline, generally within 30 to 60 days after removal . Therefore, deterioration As not expected to occur due to chemical or phys- ical changes. Woody vegetation which exists on site will be removed and sold as firewood. The temporary stockpiling (30 to 60 days) of topsoil will be in narrow and low berms. This is a configuration that will protect the topsoil from wind and water erosion. The mining method and method _of topsoil removal and replacement ensure minimum handling. Replacement of topsoil on graded slopes will produce optimum tilth for seed application . Compaction will be adequate to provide stability on slopes but not enough to disrupt -natural soil structure. The plant-growth medium replacement will o_o be done in an even manner and to a depth between 12 and 16 i-nches. fertilizer or other soil amendments will be added if determined to be necessary after analysis of composite soil samples. Reveaetation The 'affected area will be reclaimed as rangeland, with the exception of about 47 acres as a pond. Seeding will be by seed drill during late fall er early spring to ensure maximum advan- tage of soil -moisture availability when germination -occurs. The following seed mix is proposed to -ensure the greatest probability of success and i s based on environmental and biological f,actors common to the site. The mix provides for a diverse and long-lasting vegetation cover. Percent Species lbs. PLS/Acre Seeds/ft e of -mix/ft, Blue grama 0.3 5 9.6 Switchgrss 1.0 10 19.2 Alkali sac-atop 0.1 5 9.6 Western wheatgrass 4. 1 12 23. 1 Big bluestem 1 . 7 5 9. 6 Sideoats grama 1.5 5 9.6 Needle-and-thread 2.0 5 9.6 Vetch (v. americ-ana) 3.B 5 9.6 14.E - 99.9 Weed control will be _by mechanical means if weeds do become a signi-ficant percentage -of the plant community. A significant percentage would be considered 30 percent. If mechanical means prove not tt be adequate, chemical weed killers recommended by a recognized agency mr institutimn, i .e. , Soil Eonservation Service, Agricultural Extension Service, etc. , will be used as long as the recommendation conforms to State and Federal laws. Fire lanes will not be required -since the area will not be forested. No deposit or disposal of refuse is anticipated. No adverse chemical , physical or surface features are expected. The implementation of the reclamation procedures and mixes proposed here will provide a pond with properly sloped and stabilized shorelines commensurate with the intended post-mining 1-and use. The proposed seed -mix will provide a -near natural (native) plant community exhibiting species diversity and composition. E-3 Timetable Reclamation will be continuous throughout the minim opera- tion. -As shoreline is treated (-northern -edge first) , and the mining progresses southward, the topsoil will be r-eplaced along the banks and seeded as soon as practical . The first year, approximately 210O lineal feet of shoreline will be created and approximately 0000 feet per year until the fifth year when about 120O feet will be exposed and reclaimed. Final grading will be a 3h: lv slope from the undisturbed area to 10 feet below waterline. Seeding, fertilization, revegetation and topsoiling have been previously discussed in this section. • E-4 3{Fine IT CLAMMY r ON ri_ni'a MAPS The Reclamation Plan Map appears in the back -pocket o+ this report, Sheet 2 of 2. F-1 EX-1-1ISIT 13 WATEF S IF'OF3i i I ION Water requirements for the proposed operation will consist of dust suppression for haul roads and gravel washing. -An estimated 5,000 gallons of water per day will be used for dust -suppression. Based on an operating schedule of 200 days per year, the proposed mining operation will re-quire approximately 3.1 acre feet per year -For dust suppression. The water -for gravel washin-g will be recycled. Approximately 5 of the washwater is lest due to spillage and evaporation from the spray -bars. The washing rate for the operation will be approximately 600 gpm yielding a water loss of 30 gpm. Using an operating schedule of 8 hours a day, 200 days per year, the water requirement for washing is approximately -8. 8 acre-feet per year. Total water requirements for the xoperation is then approximately 11 .9 acre-feet per year. Make-up water for the dust muppression and wash water will be purchased from water awned by the landowner. The proposed minin-g operation will not affect the ground- water or surface water regime in -the area. The at. Vrain Creek 100-year floodplain covers all of the permit area as shown on the Pre-Minin-g Map, Sheet 1 of 2. The mining area will be adequately graded to insure proper drainage from the site. Table G-1 shows all permitted and adjudicated wells in the area of the proposed operation. Only two wells are within 1, 000 feet of the proposed mine wit. Well #006744F is dumped from an open pit that will become part of the mi-ne operation and will not be affected. Well #000282 is approximately 900 to 1 ,000 feet from the proposed pit and is not expected to be affected by the proposed operation. In the event of any potential reduction on water levels in this well , arrangements will be made to 'auppl y water from the de-watering operation. Discharges from the -site will Pe inoni tored in -accordance with the NPDES Permit to :be obtained by the operator. G-1 TABLE G-1 Well No. Owner Dept Yi—eLd 065259 Willard L. Cornett 181 1 .0 037223 W. A. Guil 21 -30.0 037729 Distribution Holdings, Inc. 26 0. 0 056698 James F. Holmes 32 15. 0 033724 P. W. Marion 600 8.0 017939 Anthony Heaton 30 30. 0 034027 William L. En-gl-ehard 30 710. 0 Temperature Processing Co. 000282 L. C. Wol-fkill 700 20.0 006744F J. P. Camenisth 15 3200. 0 040595 Cecil Messenger 22 ':,0. 0 W-3660 Heaton Well #1 500 004495 William L. EngLehard 70 10.0 037712 Leroy Cowling 2 30. 0 G-2 T . rW s 5 _ �� • er-. J` • o�-- i ' 4 LES CD.D. S '` •H inY• �� I1-9 • • i!"� �_ 111 ^i 1 •• . 0 I 1 ' • �'.55-L r ',kr itF a PERMIT _W - _ / � BOUNDARY 1 „' i . ' W i (.. I 2 -- . ' • 4, T •.J :- tom„ . . 1 - •-' •1S •• • 17 • �� a 16 i • 0: •,j Itea\ ) , \ • From' U.S.GS. 7.3' Quad. Maps tongmotn"and Gowando" SCALE' I°2000= _WELL LOCATION WELLS IN -A R E-A NUMBER ON MAP HERMIT NUMBER NUMBER ON MAP PERMIT NUMBER I 065252 8 000282 2 037223 9 006744 F 3 037739 10 0405-95 4 056698 II W-3660 5 003724 12 4495 6 017939 13 37712 Figure G-1 7 034_027 l G-3 T H W I LDL_ ICE I IVF'OFZMPITI-DhI The -site has been mined pr-eviousty. Two -earli-er mining opeations probably disrupted wildlife communities _at that time. Presently, the Andesite Rock Company's gravel pit immediately north of this operation presents a significant disruption of the adja-cent wildlife communities. The proposed site is bounded on the west by County Road 7 and generally on the north by Colorado Hwy. 119. The east and south boundaries are agricultural lands and associ-ated practices. Due to the past and present :disturbances, impacts on existing wildlife popul-ations are expected to be minimal . The following species list 1s the probable wildlife that would be most expected to in-habit the proposed mining mite. Due to the weather conditions, the site review did not provide sitings of possible inhabiting species and many of the species listed were _obtained by literature r-evi ew. Least chipmunk Eutamias minimus Colorado chipmunk -F.utamia= quadrivittatus Uinta chipmunk -E utamias umh_rinus Yellow-bellied marmot Marmota Ilaviventris Richardson' s s ground squirrel Spermophilus ri chard_onis Thirteen-lined ground squirrel Spermophilus tridec- m11neatus Spotted ground squirrel Spermophilus spilosoma Rock -ground squirrel SpermophiLus variegates -Golden-mantled ground squirrel Spermophilus lateralis i s Aberts squirrel Ssiurus aberti Fox -squirrel Sciurus niger Northern pocket gopher Thomomys talpoides Pl-ains pocket gopher Ge omys hursarius Olive-backed pocket mouse Per-ognathus fasciatus Plains pock-et mouse Prrognathus flavesi-ens Silky pocket mouse Perognathus fl avus Hispid d pocket mouse Perognathus hi spi dies Ord's kangaroo rat D1 podomys ordii Beaver Castor canadensis Plains harvest mouse Aei-throdontomys inontanus Western harvest mouse Reithro_dontomys megalotis Deer mouse Ptromyscus maniculatus Northern grasshopper mouse Onochomys Ie ucogaster Bushy-tailed wood rat Neatama cinerea Meadow vol-e Microt_us pennsyl vanicus Prairie vole Microtus ochrogast-er Muskarat Ondatra zi. ethicus Meadow jumping mouse ?apes hudsoniu_ Porcupine Erethizon dorsat.um H-1 Carnivor-a that can be expected to inhabit and breed in the general area are generally common to the plains areas similar to the proposed permit area. These carnivors are: Coyote Canis latrans Red fox (!ul pt s vu1 pes Swift fox (Jul pes vel ox R-accoon Prat yon lotor Long-tailed weasel Mrt.tela frenata Mink Must.ela vison Badger Taxi dea taxus Striped skunk Mephitis mephitis Ungulates that ran be expected to occur in the area are: Mule deer Odocoilrus hemionus White-tailed deer Odocoileus virginianus Pronghorn Rntilocapra amrricana Other mammalian species that might be -expected to breed in the proposed permit area are: Masked shrew Silver-haired bat (-migratory) Hoary bat Eastern cottontail Desert cottontail White-flailed jackrabbit Black-tailed jackrabbit The mccurrenc-e _of numerous bird species can dbe Fxpected, a list of which i s too numerous -to provide -here. The -following Reptilian and Amphibian species can logically be expected to breed in the area, however, their existence was not -eubstanti-ated. Great-plains toad Woodhouses toad Boreal chorus frog Leopard frog Plains spadefoot Barred-tiger sal anander Common-snapping turtle West-ern-painted turtle Ornate-box turtle Western-spiny softshel 1 turtle Lesser-ear less ess lizard Eastern short-horned lizard Red-lipped plateau lizard Prairie six-lined rac-erunner Northern -many-1 i-ned kink Eastern yellow--belli-ed racer Plains hognased snake Western milk snake H-2 Northern water snake Hull snake Western plains garter snake Red-sided garter snake Prairie rattlesnake Threatened and end-angered species other than th-e White pelican that -may have -had historic range in -the area are the Greenback Cutthroat trout, the Johnny darter, the Black-footed ferret, and the River otter. Th-e gener-al effect on the possible existence of any population of the above listed zpeci-es is not expected to be signific-ant. Mining has been occurrinvj in the area for several y.ears. Obviously the smaller rodents are going to be displaced and it i s quite likely some will be killed as their burrows are excavated. However, th-e populations of burrowing rodents are not expected to be large due to the vxi stence of seasonably -high ground-water tables. Little impact on the larger wildlife species that may occur such as deer, skunk, coyote, etc. , is expected. It is generally expected -that these species are only transitory in the area -due to the long-term mining that has -occurred. Ultimately, there might be an increa-se in waterfowl due tc the open ponds, however, the landowner would prefer that this _did not occur because of the : potential for illegal -hunting and tres- pass. The landowner does not intend a beneficial use to occur from the existence of the pond. Due to the on going mining _operations -to o the north, seasonal wildlife use is not expected to change. The existing miming has been occurring long enough so that any prior-to-mining seasonal use -has long since been disrupted. The return of rodent populations after mining is not expected to be significant due to the loss of their habitat. Some rodents may move into the reclaimed areas around the pond shorelines. If this were to happen, then -bird populati-sns could also be expect-ed to have a marginal incr-ease, especially those that prey on the smaller rodents. _Deer populatioons, large carnivor populations, and populations of the larger ro-dentia, beaver, -nutria, etc. , are not anticipated to increase. H-3 E_{HI $1T I SO I1_ I NFOFtMATI DT$ Soils that have been identi-Fied in the area are the flooded t-axonomic units Aquolls and Aquepts. Also recognized is the 3 to 6 percent slope and sandy loam phases of Eankard -series. Of the Taxonomic units, Aquolls have a dark colored surface layer about 48 inches thick. The profile is described to 60 inches with the surface textures being variable and the subsoil -being described as sand or gravelly sand. The Aquepts have a lighter colored surface layer described as variable in texture to 46 inches overlying sand and gravel to 60 inches. The Aquolls and Aquepts mapping unit will generally have 48 inches of plant-growth medium, however, localized scouring from flooding may have exposed the gravelly subsoil . The Aquolls and Aquepts soils are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical . Commonly the soils have a mottled, mildly to moderately alkaline loamy or _clayey surface layer anti underlying material that extends to a depth of 60 inches or more. In places they have a gleyed layer An the underlying material . The water table is at or near the surface early in spring. These soils are used for rangeland and wildlife habitat. Some small areas are irrigated pasture. The potential native vegetation is dominated by Switchgrass, Prairi-e cordgrass, Saltgrass, Alkali sacaton, Big bluestem, Indi-angrass, Western wheatgrass, Slender wheatgrass, Sedge, and Rush. Cattails and Bullrush grow in the swampy spots. Potential roduction ranges from 4,000 pounds per acre in favorable years to 3, 000 pounds in unfavorable years. Switchgrass, -Big bluest-em, Indiangrass, Western wheatgrass, Pubescent wheatgrass, Intermediate wheatgrass, Tall wheatgrass, and Tall -fescue are suitable for seeding. For successful seeding, a firm prepared seedbed is needed. A grass drill should be used. Seeding early in spring would prove most successful . Tillage is needed to eliminate the undesirable vegetation. The Bankard sandy loam, 0 to 3 percent slope .phase on this site is a deep, somewhat excessively drained soil . It has formed in stratified recent alluvium along Idaho Creek. Included in Soil Conservation Service mapping units are numerous sand and gravel bars. I-1 Typically, the surface layer of this soil is brown -sandy loam about 4 inches thick. The underlyi-ng material to a depth of 60 inches is _usually pale brown calcareous sand stratified with thin lenses of sandy loam, loam, and fine gravel . Permeability i s moderately rapid. Available water capacity is low. The effective rooting depth is 60 inches or more. -Surface runoff is slow, and the erosion hazard is low. Tall wheatgrass, Tall fescue, and Annual sweetclover are -some of the most suitable crops. The potential native vegetation is dominated by Switchgrass, Indiangrass, Sand bluestem, Sand reedgrass, Sideoats grama, Needleandthread, -and _Blue grama. Much of this range site includes other soils and vegetation in such a complex pattern that it is difficult to map them separately. Potential produc- tion ranges from 2,500 pounds per acre in favorable years to 1 ,500 pounds in unfavorable years. Switchgrass, Sand batestem, Sand reedgrass, Sideaats grama, Little bluestem, Blue grama, Pubescent wheatgrass, and intermediate wheatgrass are suitable for seeding. A grass drill is recommended. Seeding early in spring has proven most successful . This soil is generally not suited t-o the establishment and growth of trees and shrubs. Onsit-e investigation substantiated only a limited feasibility -for possible tree and shrub species. 1-2 E)C#-I I IR I T a WEGETg4T27N I hIFOF?MATa ]hl Generally, the vegetation communities -follow the soil boundari-es, except where agricultural practic-es have superseded the material boundaries. Of the potential native grass species common to the site, switchgrass usually dominates. Usual species are as follows: Switchgrass -Panicum virgatum F'rairi -cordgrass Spartina pectinata Saltgrass Distichlis spicata Alkali sacaton Sporahal us ai roi des _Big bluestem Rndropogon gerardii Indiangrass Forge tram arvenaceum Western wheatgrass Rgropyron smit.hii Sl-ender wheatgrass -Rgropyron trachycaulum Various Sedge and Rush species are common with Cattails and -Bulirush in low swampy areas. Weed species and low growing +orbs and shrubs are common. Curlycup gumweed (Grzndelia squarrosa) , _Common sunflower (llelianthus -annuus) , American lizoric-e (G1 yc yrrhi+-a l epido-a) , Salsify (Tragopogon spp. ) , Common dandelion ( Taraxacum officinale) , Kochia (Kochia s=oparia) , Western ragweed (-Am/ rasza psilost.achya) and Western yarrow (Rchi l l—a mll l efol i um) are occupying -or have occupied the permit area, especially where overgrazing or other disturbance -has occurred. Generally, the Saltgrass, Western wheatgrass, Sunflower and Sedges occupy the wetter soils of the area. In the older disturbed area that zre dri-er soils. Broom snakeweed (Lutz erne-.i a sarothrae) , Rubber rabbitbrush (C hrysothamnus nauseosus) and Western ragweed are preval-ent. In the drier range site areas, Lwitchgrass, Prairi-e cor-dyrass, Alkali sacaton, Big bluestem, Indiangrass, and Slender wheatgrass are common. On those drier range -sites that have been r ultivated, Tall wheatgrass, Tall fescue, and Annual sweetclover are present. Blue grama an-d Sideoats grma are common on overgrazed area-s that appear to never have been cultivated. The ground cover is estimated to b-e 40 to 45 percent -For the Aquolls/Aquents and 3U percent for the Bankard series. During reclamation, a selmct mixture of the above listed species would be test suited to the resultant reclaimed site. It would not seem practi-cal -to segregate the individual plant-growth mediums that will result from stripping the surface soils of the three recognized coil mapping units. The areas to be reclaimed J-1 will have seasonably high water tables. A mixture of species common to the Bankard sandy loam and the other two soil mapping units would stand the greatest probability of successful revegetation. Because there are only 4 inches of tospoil available from the Bankard series, it seems that the mixing of surface soils from the two soil units on the permit area would be acceptable. Therefore, it would seem reasonable to assume a ground cover after reclamation of between 30 and 35 percent. The Lower per- centage of groun-d cover is expected slue to the -anticipated dif- ference in soil textures on mixing. Agricultural crops such as corn, alfalfa, grasses, beets, etc. , have been common to the site. The -ev-apootransportati-on from these crops could have r=esulted in high consumptive uses of water since ground water is close to the surface during some of the growing season. Some of these crops, corn and beats, would -have been irrigated. £reps like alfalfa and grass would have been less likely to be irrigated, but due to their deep rooting nature, water -consumption could have been -quite high. E x HS E r PC CL I 1'lATE The climatology data recorded at the Longmont 2 ESE weather station indicates the average annual pr-ecipitation at the site is approximately 12. 6 inches per y.ear and the -annual mean temperature is approximately 49 degrees -arenheit. The ev-aporation rate for this area is about 40 inches per year based on the Department of the Interior' s information circular 8755. Average Monthly Total Temperature Precipitation January 27.4 .34 February 31 .4 . 43 March 35.7 . 96 April 46.7 1 .26 May 57.2 2. 53 June 65.6 1 .76 July 72. 0 1 .18 August 69.9 1 . 12 September 61 . 1 1 .16 0ct_ober 50.Z . 98 November 37.2 • 52 December 30.2 . 35 Mean/Total 48. 7 12.59 K-1 EXHIBIT L_ RECL.AMA I I ON Irt3E3TS Plant Site - 3 acres Scarify 400/acre $ 1200.00 Topsoil - 3 acres 750/acre 2250. 00 Remove stockpiles 1500 1500.00 Access Road - 1 .0 acres Scarify and seed 400/acre 400.00 Shoreline - 5 acres Topsoil grade end seed 750/acre 3750.00 Shoreline Backfill 2100' 7p 2. 00/ft. 4200.00 TOTAL $13300. 00 RECOMMENDED BOND $13300.00 • L.-1 ESCI-IISIT =PI L0C L -SC's,ERIVPIEHIT -Pk PPROSJAL Local government approval will be 'provided when available. Approval is xpected prior to the Colorado Mined Land Reclamation Division meeting. M-1 E3G H I e x r JV ori-ia PERM I "1-S oR LICENSES ' No current permits in Weld County. Zigan Pit -#1 and Pit #2 in Adams County. Zigan Pit #3 in Park County. N-1 EXH IBS T C] S©UR-C=E ©F 1....EGl1L RIGHT TO EMTER The operator has th-e legal ri-ght to enter this pit as indicated by the followi-ng certification. I certify that ligan Sand and Gravel , operator of Pit No. 4 has the legal right to enter and mine sand and gravel on the property described An this application. f�V /Signed and sworn to me this �i day of / !l'/UP , 19 ;S:-1 . 1 v%c-tip L// y Date No ary Public 3, i?r 7 My commissihn expires 0-1 EXHIBIT P 44I3.3ACE11T 1__.F4NDCMWNEFS Jack and Marjorie Edson 458 Greenwood Lane Longmont, Colorado 80501 David E. and Gloria F. Camenisch 3598 Highway 119 Longmont, Colorado 80501 Dorothy E. Larson 10706 Weld County Road 7 Longmont, Colorado 80501 Shirley and William Silvers 10608 Weld County Road 7 Longmont, Colorado 80501 Phillip E. Camenisch 10504 Weld County Road 7 Longmont, Colorado 80501 Rosi-e Heaton 2702 Highway 119 Longmont, Colorado 80 501 Edward E. Hodges 10795 Weld County Road 7 Longmont, Colorado 80501 Arthur Koldeway, Trustee 6228 N. County Road 13 Loveland, Colorado 80537 St. Vrain Ltd. c/o Richard Domenico 8200 W. 67th Avenue Arvada, Colorado 80004 P-1 // er el lllll� to en cr _.,---rj . „cfr •.-.--• . , • 'If �,' M1 � I O `,J ..•• .. ; ,n _\,:7 �:� ' :I:JiiJ del , • .. �I;.a _ •.. i,o.-.:: -:VOi on, y-.� • -i• 1-i-- �l ° •', a L_ .! Y7�t-. - ®�• - •a�' h a �a 9. ▪ ' tr.. a ,- • :i ccDF. •..-. `Su- a/ B. a3%,• f c.4 r !1 • _• • i•,•✓ •�• \4o , I • • •I • • ."•• ; • •-_• •T a•l •• s\•C ) • N - 1 . \. ± :. tL: v te' •• • o J y_.._ ` • '�i „ V_ „'� eY: t0 i --'\i- ..R�l . r. 9 l - .` !• (----- • o •c fli i . y�( �! L" •'` � 1 .gyp' t , .�� \ �}. ,. -i•s•ax as i «-yac .)• ¢L,• zi '� 'i_.ti. . • r° ce,' si 'N •cam h !"�I t\ ' •\• �a ojr v 14 se-S 5 �J1/4 A Jo . 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R'x" r - " ,/ f + t� ii � ' # y 5 l..:+_# , i+k+si�.x .w'+• ".. ",t d NCIfir, ,"' .. , „, . ... ..,,,..g,.........,!../...s...... . .;,....,.......4,,.1,.8.0 • tprR_,,., t< ' t ' - a '•s4 '. J�'��{,� s r-��I ee Yy �.rs sir { b" i- .. '' •� �##'.. K k +� hA ',, aM1"y'`•1 +.rte z,rk._' 3!!�yj y� rr ^'a' � / , '( s *ne. 1A• 4' ."ad 3- `�`ry p ♦♦ k -'.a. y e l l J .:f. ) .YZ �i "' 4 ~ d . dP �� Y ( ...*.m its...,.. R. K- �y� J.,1 • . a. { y�yr M1 Y K ..i ::1 ri ,. w. N1p :;It✓y'bf .O � .2$," r 4 $ a,y y C"M1 R`l 'f��'" P 4 -x x f'` -;: e3 :i ! & y AF ,�t. { yam` ey-1�}f/r � �y-, �f A 3 c s , y, 4. /,i ;s r i .•.t .,.d-: }� >..-- -p}p-',y t;- t r Pvi K s " ... eG F r ,,hli.. •.4u4+.:%^M.. rN N Y• tit{. .. ' WELD COUNTY, COLORADO � �� -- - r-� SPECIAL USE APPLICATION For I� L 'J c F OPEN CUT AMINE PERMIT '�1I, (gravel pits, etc. ) 1'le!d Ca. Planning C0MIIIIS510o Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: 645E47.27: .91(: -43 Date Application Received: 4/. 70. By PC Hearing Date: / /5 /gEW Section: , Township: North, Range: /p 8 West Zoning District: _ Ur) Recording Fee: *02.0. r ed Permit Fee: 0:32,2 , ao Recording Fee Receipt if: 58,30 Receipt Number: /338Cp Application Reviewed By /451$1 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 Eommission concerning a proposed Open Cut Sand and gravel (gravel, _coal, borrow pit, etc. ) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: Portions of the NW 1/4 NW 1/4, NE 1/4 NW 1/4, SE 1/4 NW 1/4 and SW 1/4 NW 1/4 of Section 10, Township 2 North, Range 68 West, 6th P.M. , Weld County, Colorado. TOTAL ACREAGE: 71 2. Surface owner(s) of area of land described Name: Dorothy -E. Larson Address : 10706 Weld Co. Rd. 7 Phone: 776-0400 Name: 0n,,id R rtnrin Address : 3598 Highway 119 Phone: 77 -298 Camenisch -3. Owner(s) of mineral rights to substance to be mined Name: Dorothy E. Larson Address : 10706 Weld Co. Rd. 7 Phone: 776-0400 Name: David & Gloria Address: 3598 Highway 119 Phone: 776-2968 Camenisch 4. Bounce of applicants Legal Right to enter and to mine on the land described: Notarized statement - attached (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants address: 1875 W. Dartmouth Avenue Phone: 7815661 General -Office address: Phone: 6. Identify any prior permits far open cut mining held by applicant or affiliated person: /i oan Pit #1 MI RR Permit 4k80-159 7iroan Pit #2 MI RB Permit #82-174 7i-nan Pit #3 (Snowstorm Planer ' MIRR Permit #83-84 7. Description of Operation a. Types and number of operating and processing equipment to be employed: 5 haul trunks 7 srrapers 5 end loaders conveyors b. Maximum number of employees : 15 , and number of shifts: 1 t. Number of stages to be worked: 5 , and periods of time each is to b,: worked: One yee r d. Thickness of mineral deposit: 14 feet, and thickness of the 'overburden: 2.5 feet e. This will be a wet/dry pit operation T. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Weld County Road 7 Lolorado State Highway I17 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Rangeland and water surface b. Source of technical advice for reclamation: Rindahi & Associates. Inc. Consulting Fngineers c. Explanation of Reclamation Process: -cl nes will he graded to insure stability. Site will he reseeded with nativp graccpc • I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY CF Denver -STATE OF Colorado Signature: 0wnlY/Authorized Agent subscribed and sworn to before me this 17th day of April , 1984 . • , SEAL NO ARY PUBLIC `., Y CCimi ior.,expires November 23, 1987 >. APPLICATION � : — e",� USE BY SPECIAL REVIEW � �' ��c� r : 1 I; 1 Department of -Planning Services, 915 Tenth Street, Greeley, _Colors � I ' Phone - 356-4000 - Ext. 400 I II�' " '' 1 L,i. Case Number (.(4Q 42 7;Qs/ : 2 3 Date Received Application Checked by ANA u t). f.ioiilgLpmmiSSipi Application Fae'P322, Receipt Number 1_3341g, Recording Fee ii,Rv,ya Receipt Number $930 TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request -hearings before the Weld County Planning Commission and the Weld County -Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION AF SPECIAL REVIEW PERMIT AREA: See attached Section T N, R W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: See attached Section T N, R W Property Address (if available) PRESENT ZONE Agriculture OVERLAY ZONES Flood -hazard TOTAL ACREAGE 71 PROPOSED LAND USE Open mining EXISTING LAND USE Agriculture SURFACE PEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Dorothy E. Larson Address: 10706 Weir' County Road 7 City Longmont Zip Afl5n1 Home Telephone # Business Telephone # Name: David E. Camenisch Address: 3598 State Highway 119 City Longmont Zip 805111 Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT DR AUTHORIZED AGENT (if different than above) : Name: rtiboul r @4ndahl Address: 2305 5. Syracuse Way, If217CitY flnnvnr Zip Am31 Home Telephone # 751-1320 Business Telephone # AgA_cAaA Owner(s) and/Dr lessees of mineral rights on or under the subject properties of record in the -Weld County Assessor's Office: Name: Dorothy E. Larson Address: 10706 Weld County Road 7 tit Longmont Zip Ansni Name: David E. Camenisch Address: 3598 State highway 119 City Iongmnnt Sip RU501 Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or -contained within this application -are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COIORADO -tom � ' Signature: Owner or Authorized Agent ;Subscribed and sworn to before me this 5th -day of 19 wi • -SEAM NOT tY PUBLIC My comixJ sion expires November 23. 1987 111111 Gilbert F. Rindahl,P.E. C.Jay Silvernale 8ruce-G. Rindahl Rindahl & Associates • 2305 S.Syracuse Way • Suite217 •Denver,CO 80231 • (303) 696-6846 April 5, 1984 Weld County Department of -Planning Services 915 10th Street Gre-el-ey, Colorado 80631 Gentlemen: Zigan Sand and Gravel Company respectfully requests favorable consider-at ion for approval of use by special review of an appli- cation for mining sand and gravel in Section 10, township 2 North, Range 68 West . The following statements correspond to the Weld County Procedural Guide for use by Special Review. -a. The proposed mining operation is consistent with the Weld County Comprehensive Plan in that gravel mining is economi- cally feasible . The "Map showing potential causes of gravel and crushed-rock aggregate , in the Boulder-Ft. Collins- Greeley area , Front Range Urban Corridor , Colorado ," by Roger B. Colton and Harold R. Fitch published by the Department of Interior , United States Geological Survey prepared in coop- eration with the Colorado Geological Survey describes the -area as: GRAVEL DEPOSITS UNDERLYING TERRACES AND FLOOD -PLAINS - Pebbles -generally well rounded, unweathered; deposits contain little deleterious "lime" (CaCO ) . Lithologic -composition reflects bedrock in source areas along Boulder Creek , St. Vrain Creek , Lefthand Creek , the Little and Big Thompson Rivers , and the Cache La Pondre River; rlasts are composed chiefly of quartzite, granite, gneiss , and pegmatite. Few or no reactive constituents . Source of best quality gravel for concrete aggregate and road metal. AEngineering&Tnvironmental Services Weld County Department of Planning Services April 5, 1984 Page Two b. The proposed mining is consistent with the intent of the district in that there is current mining on the adjacent property to the north and west . c. The use will be compatible with surrounding land uses since there was a gravel pit on site and an active mine adjacent to this property . d. Future uses would be limited to those which could be compac- tible with a flood hazard zone, i.e. , agriculture, wildlife, open space or mining . -e. [he mining complies with the overlay Flood Hazard lone as a use by special review. f. The use is proposed in the "A" District . The type of soil, the high water table, and the Flood Hazard overlay zone make the property a marginally productive agricultural land. g. The distance from the nearest inhabitant is such that there will be no concern for health, safety and welfare of the inhabitants of the neighborhood and the County . Detailed Description of Proposed Operation a. Type of use - gravel mining . b. Nearest _residential structure is approximately 500 feet and is owned by the lessor . c. -Plan of operation Tor the plant calls for one shift per day , five days per week . Truck hauling from the site is expected to be 24 hours per day , 5 days per week . d. The maximum number of workers on site is estimated at twelve . e. Not listed. T. Animals are not a part of this use and none are expected to be on site . g. Temporary structures on site will be an office, guard trailer , a scale house, and a servicing , crushing and gravel wash plant . C C Weld County Department -of Planning -Services April 5, 1984 Page Three h. Truck traffic generated by the operation will be approxi- mately 40 trips per day . Trucks will be 25 ton belly and end dump trucks. Access will be south on County Road 7, east to I-25, and south to Denver . i. Domestic sewage will be"Jiffy Johns"or similar . j. Stockpile will cover approximately one acre . -Overburden stockpiles will be temporary since the material will be replaced as the mining progresses . Gravel will be an operational stockpile only to stay ahead of the demand. k. There will be no debris connected with this operation . 1. Total time for mining is estimated to be five years . Please refer to the mining plan in the application booklet . m. The area landscape plan is contained in the reclamation plan in the application took let . n. Reclamation will consist of reseeding the shoreline as mining progresses from north to south. Native grasses will be planted to return the 1-and to a naturally vegetated area around the pond . See application booklet for further }details. o. Fire protection will be on site with tanker trucks used for dust suppression and Tire extinguishers at each equipment location . Sincerely, RINDAHL & ASSOCIATES, INC . Gilbert F. Rindahl, T.E. President GFR/jl/36 File No. 84-0206 Attachment REFERRAL LIST APPLICANT: Zigan Sand and Gravel -Company, Inc. CASE NUMBER: USR-627:84:23 SENT -REFERRALS OUT: April 13, 1984 REFERRALS TO BE RECEIVED BY May 4, 1984 ra z z co o z z H Z b H A z < U U U z] 0 0 G 0 a fall I) H W - A W 0 PI U 0 al Gil 0 2 [�/] f4 z 20 fa n a -z County Attorney (plat only) / Louis Rademacher ✓ Planning Commission Member XX Weld County Health Department e 13184 Weld County Road 13 -I Longmont, Colorado 80501 XX Engineering Department V/ l William R. Emerson, Captain County Extension Agent / :Longmont Fire Protection Dist. —. �iJ// 9119 County Line Road _Longmont, Colorado 80501 XX Office of Emergency Management 772-0710 Water Users Association of District #6 Longmont -Soil Conservation Ser XX 19595 Nelson Road c/o Wallace Grant P.O. Box -978 P.O. Box D Longmont, Colorado X0501 Longmont, Colorado 80615 776-9900 Rural Ditch Company V State Engineer z/o David Camenisch. President XX Division of Water Resources 3598 State Highway 119 1313 Sherman St. , Room 818 Longmont, Colorado 8-0501 Denver, Colorado 80203 776-2968 State Highway Department / Don Bogart, Wildlife Biologist J X3{ 1420 2nd _Street Colorado Division of Wildlife I Greeley, Colorado 80631 Northeast Region 317 West -Prospect / Colorado Department of Health Fort Collins, Colorado 80536 V/ XX Water Quality Control Division 484-2836 4210 East 11th Avenue Denver, Colorado 80220 :Ralph J. Miller, thief �( Permits Branch Omaha District Corps of Engineers Y.O. Box 5 Omaha, Nebraska 68101 (402) 221-3056 Longmont Soil Conservation District 9595 Nelson Road, BoxD - Longmont, Colorado 80501 May 2, 1984 Mr. Michael S. Mullen, Current Planner Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Zigan Sand and Gravel Company, Inc. Case Number USR 627:84:23 Dear Mr. Mullen: The mine plan for this gravel pit is very thorough. The soils, vegetation, wildlife, and water issues have been properly identified and provided for in the reclamation process. Currently the land is in agricultural use and the soil capability class is 4W. The mine plan calls for the after-mining use to be -an open water pond. The loss of agricultural land should be noted, although it is not considered to be prime farmland. Sincerely, . Robert Schlagel President CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT c1‘,, fnErnoRAnDum To Michael S. Mullen, Current -Date April 16, 1984 `tir`Q Planner COLORADO From Wes Potter subject. USR-627; 84; 23 Zigan Sand & Gravel Co. , Inc. -An air emission permit must be obtained from the Air Pollution Control Division, Colorado Department of Health, 4210 E. 11th Avenue, Denver, Colorado 80220. Use -of portable toilet facilities is acceptable for this operation. • 1,7AY 21984 I 11 Weld Co. Planning Commission STATE OF COLORADO RIchard-D. Lamm,Governor a" 0.10 tit "'2t o DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE ° Northeast Region Jack R. Orieb, Directory y4 317 West Prospect OF'� 6060 Broadway Fort Collins, CO 80526 Denver, Colorado-60216(297-1192) April 20, 1984 I __ , Ii !I III o' n 1'I I ti l s b 1 Mr. Michael _S. 1. Mullen I Department of Planning Services Weld County Centennial Center 915 Tenth Street PleId Cu. Plannuig £miussiui1 _Greeley, CO 80631 Dear Mr. Mullen: The plans for the Zigan Sand and Gravel Company have been reviewed and the site has been visited. The plan _does not address how Idaho Creek is to be protected. From the text as well as the drawings it would appear that the creek will be involved. There should be -some effort expended to protect it from being loaded with -silt as it is only a short distance to the St. Vrain River. Other than this the project should not create other adverse environmental impacts. We appreciate the opportunity to comment and if we can be of further assistance please let us know. Sincerely, Din Bogart Wildlife Biologist IDB/js DEPARTMENT-OF NATURAL RESOURCES,David H. Getches, Executive Director•WILDLIFE COMMISSION, Richard L. Divelbiss, Chairman X James C. Kennedy, Vice Chairman•Wilbur L. Redden, Secretary•Donald A. Fernandez, Member•Michael K. Higbee, Member TimrJhv IM crh,It, MPmho,• Inmee T ¢n,;rh nEnmher. Inns K Tnrl Mr,mh,,. s.$T Op 4. « '°,, d, DEPARTMENT OF THE ARMY �'y M y ti,' OMAHA DISTRICT CORPS OF ENGINEERS o.` vIt P� 6014 U.S. POST OFFICE AND-COURTHOUSE DMAHA, NEBRASKA 68102 , April 18, 1984 pF` REPLY TO ATTENTION OF Permits Branch PO Box 5, Omaha, NE 68101 /' '\ �/' F J i ,-) -' I;ii Mr. Michael S. Mullen C. Jg- / ' Department of Planning Services t1i -i /// / 915 10th Street '°ra n, Ereeley, Colorado 80631 ','''10p ``/ Dear Mr. Mullen: — Reference is made to your letter of referral informing this office of the proposed project for Zigan Sand and Gravel Company, Inc. We are currently processing an individual permit pursuant to Section 404 of the Clean Water Act for that portion of the project which requires a channel change on Idaho Creek. Thank you for notifying us of the project and if we can be of any assistance contact this office or telephone Mr. Rick Osborn of my staff at (402) 221-4172. Sincerely, 1ph J. Miller Chief, Regulatory Branch Operations Division FIELD CHECK FILING NUMBER: DATE OF INSPECTION: y NAME: REQUEST: LEGAL DESCRIPTION: (/ LAND USE: N �,:.tZcc LC_ ZONING: N te-ch LOCATION: S frGe.,.."71.,/ COMMENTS: / tc �� c c L tLu-> /�� 11¢ u� e a l 1(7 // G�1 (< U. Gam- G// ( /'( �u-r o i/11‘ (/-/LLe_d_LVLJCGi - 5% � rtit _ . �r i i= • VICE': ��J� RE: t , , 29 l9u } ) � N��GNL no31 3,611909 EX an 91510TH STREET --'--' GREELEY,COLORADO 8063' �z!d CO. Plannme Cr, missiar, CASE NUMBER USR-627:84:23 COLORADO April 13, 1984 REFERRAL TO WHOM IT MAY CONCERN: -Enclosed is an application from Zigan Sand and Gravel Company, Inc. for a Use by Special Review Permit for an open-cut wet gravel pit The parcel of land is described as Part of the NWT, Section 10, T2N, R68W of the 6th P.M. . Weld County, Colorado The location of the parcel of land for which this application has been submitted is approximately 3.25 miles northwest of Firestone;south of State -Highway 119 and east of Weld County Road 7 -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 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 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 May 4, 1984 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X 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 refer re to( the enclosed letter. Signed C }C ' /7 Agency Anl,e a9!/y%G ,G Date 0y/8�y /ON ta,,z4. -2F7F-1>/..E��t.77c) 7WC './'y eieLcaS-. /144a /9.4.01.-/a47-7744K5 Michael S. Mullen, Current Planner MCM•rio 4tt \ 4111-14° ��,�A,n nth •• C-7:7717.3 VHONL 130313 G-O000 EXT r1 ' q ,� 915 10TH sTR EE' L�? ��'" GREELEY COLORADO 8063' di • • VA Cu gtanalnq Lelia �°t+ CASE NUMBER USR-627:84:23 COLORADO April 13, 1984 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Zigan Sand and Gravel Company, Inc. for a Use by Special Review Permit for an open-cut wet gravel pit The parcel of land is described as Part of the NWti, Section 10, T2N, R68W of the 6th P.M. . Weld County. Colorado The location of the parcel of land for which this application has been submitted is approximately 3.25 miles northwest of Firestone;south of State Highway 119 and east of Weld County Road 7 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 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 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 May 4. 1984 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 recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed -4ettcr. 4 6R ine Signed ��P 1 p�Agency Date ef!/ 91 , b7 Ili '. _!l2 Michael S. Mullen, Current Planner COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of 1984, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and ZIGAN SAND & GRAVEL COMPANY INC. , and WHEREAS, Zigan Pit #4 has applied to the County fora Use by Special Review Permit for an open-cut gravel pit located in the NWaNW;, NE;NWa, SE4NWa and SW AWo of Section 10, Township 2 North, Range 68 West of the 6th Principal Meridian. WHEREAS, Zigan is operating similar gravel pits in the immediate vicinity _of the above-mentioned gravel pit, and WHEREAS, the gravel pits generate an increase in heavy truck traffic, and WHEREAS, the existing County roads that serve the gravel pits will require increased maintenance and improvements due to the increase in heavy truck traffic, and WHEREAS, the County and Zigan have reviewed proposed maintenance and improvements and acknowledges they will enhance the accessibility and safety of the roads that serve the gravel pits . NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Zigan mutually agree as follows : 1. The County roads that serve the gravel pits are Weld County Road 20.5 between Weld County Road 1 and Weld County Road 7; Weld County Road 7 between State Highway 119 and Weld County Road 18; and Weld County Road 20 between Weld Lounty Road 7 and Interstate 25. 2. Zigan agrees to excavate and patch any damage on the above-mentioned roads that has been created by heavy truck hauling from Zigan gravel pit #4. 3. At any time in the future, when road damage has increased beyond the paint that patching can reasonably restore the road, Zigan will cooperate with the County in the reconstruction of those parts of the County roads. 4. The details of construction and the amount of aggregate base course required will be determined by sampling and testing of the existing roads by the Weld County Engineering Department. 5. When reconstruction is required, Zigan will supply the hot bituminous pavement, aggregate base course, equipment, and labor for reconstruc- tion. 6. When reconstruction is required, the County will reimburse Zigan for the cost of AC-10 liquid asphalt for the manufacture of hot bituminous pavement. 7. All construction and materials will be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, 1981. 8. Zigan Sand and Gravel Company and Western Paving Construction Company, being located and using the same hauling roads, will share the same road maintenance and improvement agreement. Both companies will have to coordinate with each other on patching and maintaining the haul roads from both of their gravel pits. V I , IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first above written. ZIGAN SAND AND GRAVEL COMPANY, INC. BOARD OF COUNTY COMMISSIONERS -WELD COUNTY, COLORADO By: Norman Carlson, Chairman Title: ATTEST: Weld County Clerk and Recorder and Clerk to the Board By: Deputy • GRANT, MCCARREN 8e BERNARD WALLACE H. GRANT ATTORNEYS AT LAW HOWARD GRANT 11908-19661 WILLIAM J. MCCAR REN POST OFFICE BOX 978 JOHN-S. HOUGH 11918-19791 DANIEL F BERNARD MARC4i. CARLSON -515 KIM BARK STREET LONGMONT (3031 77M-9900 RICHARD N. LYONS LONGMONT, -COLORADO 80502-0078 DENVER METRO 1303) 571-5506 April 17, 1984 rte„ D/ Michael S. Mullen, Current Planner L � _, , Department of Planning Services 4' 1D.) ri -915 Tenth Street L, " 10 1984 Greeley, Colorado 80631 {Veld to Re: Case No. 1JFR626: 84: 23 • Plannrng Ca Zigan Sant and Gravel Company, Inc. "mission Dear Mr. Mullen: I have received, -on -behalf of the Water Users Association of District No. 6, a copy of the application packet of Zigan Sand and Gravel Company, Inc . for their Camenisch/Larson Pit No. 4. I have previously discussed that application with one of the property owners, David andGloria Camen- isch. As you know from prior applications, the Water Users Association of Dis- trict No . 5 is organized for the purpose of protecting vested water rights in the Boulder Creek basin in which this proposed Zigan Gravel Ptt No. 4 is located. The Water Users Association is a nonprofit Colorado corporation whose members include most of the water users on Boulder Creek and its tributari-es all the -way from the Continental Divide to the confluence of Boulder Creek and St. Vrain Creek. The Association desires to cooperate with landowners proposing to conduct sand an-d gravel miming operations while at the same time assuring that the gravel mining opera- tion will not result im injury to water users. The injury which WE are concerned about includes the creation of ponds which intercept ground water out of priority, thus affecting downstream vested water rights and which create new open -water surfaces which result in increased evapora- tive losses in the magnitude of -approximately two to three acre feet ob water consumed per surface acre per year. We also are _concerned about the impact of a mining operation on adjacent wells, ditches and ground water levels. In order to protect against these concerns, we have, over the past sev- eral years, developed an Augmentation Policy and have worked with most of the landowners and gravel operators active in the vicinity. We hope to have the same working relationship with these landowners and the Zigan Sand and Gravel Lompany, Inc . I have been in contact with Dave and Gloria Camenisch and anticipate their cooperation in addressing the con- cerns of the Water Users Association. Michael S. Mullen, Current Planner April 17, 1984 Page 2 I am enclosing a copy of the Augmentation Policy which has -been adopted by the Water Users Association of District No . 6 and of the proposed Augmentation Agreement which has been forwarded to Mr. and Mrs. Camenisch for their review and the review by Hr. Zigan. On behalf of the Water Users Association, I would request that you bring our concerns to the attention of the Planning Commission and the Board of County Commissioners and ask that in their evaluation of the application they consider whether or not an augmentation agreement has been entered into . I would also appreciate your advising me of the dates when public hearings are scheduled on this application. Sincerely t (dallace H. Grant WHG mj 2nclosure cc: Dave Camenisch Bob Brand Kent Nelson GRAVEL PIT AUGMENTATION POLICY The Water Users Association of District No. 6 The policy of District No. 6 with respect to augmentation for evaporation from gravel pits is as follows: 1. Require two acre-feet of augmentation water per acre for each additional acre of open water surface created by mining. 2. Water rights conveyed to the District for augmentation must be first adjudication rights (1882) or Colorado Big Thompson Project water. Where C.B.T. water is proposed, it is subject to the approval of the Board of Directors -of the Northern Colorado Water Conservancy District. 3. The quantity of water available from water rights proposed for augmentation is to be determined by engineers for District No. 6 based upon the historic average annual diversions attributable to the water rights. 4. No credit is to be given for historic consumptive use resulting from unadjudicated sources such as sub-irrigation from ground water, ground water evaporation, wastewater, bogs and marshes. Such consumptive use is considered to be attributable to out-of-priority diversions from these sources and cannot be claimed for augmentation purposes. 5. Augmentation water rights are to be conveyed to District No. 6, provided however, that C.B.T. water shall remain allocated to the land and titled in the name of the landowner, but shall be subject to a cov- enant tying it to the Augmentation Agreement. 6. District No. 6 shall own all augmentation water (other than C.B.T. ) and shall exercise all rights and responsibilities of ownership of rights transferred to District No. 6, subject to the provisions of the Augmentation Agreement. 7. The landowner shall file for conditional and absolute water rights on water stored in gravel pit ponds, filing to be undertaken as soon as possible after execution of the Augmentation Agreement and pur- sued diligently to filial decrees. 8. The applicant shall pay to District No. 6 a reasonable amount to reimburse for legal and engineering expenses incurred in reviewing the mining proposal and preparing the Augmentation Agreement. 9. fi the future, if required by Colorado statutes, Colorado State Engineer or other water users, the applicant agrees to file a formal Plan of Augmentation with the Water Court. Both District No. 6 and the appli- cant agree that the standards set forth in this policy shall govern their positions with respect to any formal plan of augmentation; in other words, District No. 6 agrees not to request additional augmentation water and the applicant agrees to waive any claims it might have to furnish less augmentation water. Approved: September 1982 l \ AGREEMENT REGARDING SAND AND -GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO 1. PARTIES. The parties to this Agreement are TED ZIGAN (Zigan) , -)AVID T. CAMENISCH and GLORIA F. CAMENISCH (Camenisch) , and THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation ("Water Users") . The reference to "Water Users" as used in this Agreement shall be interpreted to include the Water Users, member ditches of the Water Users, unless the context indicates otherwise. 2. RECITALS. Camenisch owns the property described on Exhibit A (the "Camenisch Farm") . Zigan has leased the tamenisch Farm for sand and gravel mining and has applied to Weld county for a special use permit and the Colorado Mined Land Reclamation Board for a mining permit, to permit it to conduct sand and gravel mining activities on the property. It is also anticipated by the Water Users that the mining operations contem- _plated by Zigan may have an impact on historical surface and ground water patterns on and in the vicinity of the Camenisch Farm property. Further- more , the parties acknowledge that the construction of lakes, which are Tart of Zigan'-s reclamation plan, will result in additional evaporation from open water surfaces which will adversely affect Water Users unless augmented. -The Water Users have no objection to Zigan' s mining operations and recla- mation of the Camenisch Farm property if the concerns expressed above are addressed and the interests of the Water Users are satisfactorily pro- tected. Zigan and Camenisch have agreed to protect those interests and the purpose of this Agreement is to set forth the specific agreements of the parties. 3. ZIGAN'S AGREEMENTS. Zigan agrees as follows: A. To conduct its mining operations on the Camenisch Farm in accordance with the Mining and Reclamation Plan as finally approved by Weld County and the Colorado Mined Land Reclamation Board. I). To construct those lakes which it constructs pursuant to the approved mining and reclamation plan in a good and workmanlike manner and to equip the lakes with such structures as are required by law. e. That it will install and maintain a system adjacent to the perimeter of Camenisch Farm to monitor ground water tables to determine the impact of its mining operations and relamation on ground water levels on adjacent property. If the monitoring system indicates a change in the water table caused by Zigan' s mining operations or reclamation , Zigan shall install a system for recharging ground water levels and/or an al- ternative method for protecting property owners from injury as the result of changes in ground water levels . Zigan affirmatively agrees to re- charge ground water levels or furnish alternate water supplies to prop- erty owners whose ground water table falls as the result of its mining operations and reclamation. d. To pay to the Water Users the sum of $ as re- imbursement for its necessary and reasonable expenses incurred in con- nection with its review of the mining and reclamation plan and the prep- aration of this Agreement. 4. CAMENISCH 'S AGREEMENTS. Camenisch agrees as follows: a. To file an Application for Water Rights, including storage rights, claiming that it has an appropriation of water by virtue of the contemplated mining operation and reclamation plan, subject, however, to this Agreement. b. To augment Boulder Creek, in accordance with the water augmentation policy for gravel pits of the Water Users Association of District No . 6, thereby preventing injury to other water users, by con- veying to the Water Users Association of District No . 6 an amount equal to two acre feet of augmentation for each surface acre of lake construct- ed. During mining operations, this water shall also be used, if needed, to compensate ditches for carrying losses caused by Zigan' s mining activ- ities. Zigan' s current plans call for the construction of approximately surface acres of lake. If, at the end of its mining operations on the property, Zigan has constructed lakes having more or less than this number of surface acres, Water Users shall convey to Camenisch all water which has been conveyed to the Water Users by Camenisch over and above an amount determined by multiplying the number of surface acres of lakes by two acre feet or, if necessary, Camenisch shall convey to the Water Users additional water in order to equal the amount of two acre feet for each surface acre of lakes constructed. Camenisch further agrees that the water rights which shall be used for augmentation in compliance with the foregoing provisions and in compliance with the water augmentation policy for gravel pits of the Water Users Association of District No. 6 shall be the portion of the water rights described on Exhibit B required by this paragraph, or comparable water rights. c. In order to implement the provisions of this Agreement, the water rights described above (with the exception of any Colorado Big Thompson Project Water which is used for augmentation) shall be conveyed to the Water Users Association of District 6 by deed or by appropriate stock transfer and, the deed of conveyance shall recite or the stock certificate issued to the Water Users shall bear, the following notation: "These water rights (shares) and the uses of water attributable thereto are restricted by an Agreement dated entered into between Ted Zigan , Camenisch Farms, a Colorado general partnership, the Water Users Association of District No. 6, a Colorado nonprofit corporation, and are subject to the 2 terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and affects part of Section , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado." d. With respect to the water rights transferred and/or re- stricted pursuant to this Agreement, pay all ditch assessments until such rights are required for augmentation at and from which time the Water Users shall pay all ditch assessments. Voting of the shares transferred pursuant to this Agreement shall be determined by the Board of Directors of the Water Users Association of District No. 6. 5. INDEMNIFICATION. Zigan hereby agrees to at all times indemnify and keep indemnified the Water Users Association of District No . 6, and its respective officers and directors, and hold and save them harmless from and against all liability for damages, loss, costs, charges and expenses of whatever kind and nature, including attorneys' fees, which they or any of them shall or may, at any time, sustain or incur by reason or in con- sequence of Zigan ' s mining operations or reclamation of the Camenisch Farm. 6. COVENANT RUNNING WITH THE LAND AND WATER RIGHTS AND EASEMENT. This Agreement shall be a covenant which runs with the land described on Ex- hibit A, and the water rights described above , and shall continue in effect and be binding upon the parties, their successors and assigns, unless or until the Water Users waive the terms hereof in writing or until entry of a judicial determination modifying this Agreement or de- termining that the provisions hereof are no longer required. 7. WATER USER 'S AGREEMENT. In consideration of the covenants and agreements of Zigan and Camenisch, the Water Users hereby: a. Withdraws any and all objections to the special use appli- cation which Zigan has filed with Weld County and consent that the same may be issued at the discretion of Weld County. b. Withdraws any and all objections to the granting of the mining permit which Zigan has applied to the Colorado Mined Land Reclama- tion Board for and consent that the same may be issued at the discretion of the Colorado Mined Land Reclamation Board. c. Covenants that it will not raise any objection to the mining or reclamation conducted in accordance with the provisions hereof and the approved mining and reclamation plans, or commence any litigation seeking injunctive or compensatory relief arising therefrom except for violation of the covenants and agreements set forth herein. 8. TERMINATION OF AGREEMENT. In the event that no Mining and Reclama- tion Plan is finally approved by Weld County and the Colorado Mined Land Reclamation Board , that mining permits are not granted, or that Zigan 3 does not mine the property, this Agreement; at the written request of Camenisch and Zigan, shall be null and void, and all water rights which have been conveyed or assigned to the Water Users pursuant hereto shall be returned to Camenisch, its successors or assigns. 9. ENFORCEMENT. This Agreement may be enforced by the Water Users, or any of its members who are adversely affected by any violation of any term hereof, by seeking any appropriate equitable and legal remedies, including injunctive relief, specific performance and damages. In the event that litigation is commenced by the Water Users or any of its mem- bers to obtain such enforcement, and the Water Users or any member pre- vails, Zigan and Camenisch and/or their successors and assigns (whichever is found to be in default or liable) agree to pay for any reasonable attorneys' fees and court costs expended by the Water Users or the member in obtaining such enforcement. However, if Zigan and/or Camenisch pre- vail , the Water Users, or the member instituting the litigation, shall pay such fees and court costs expended by them. 10. EXHIBITS. All exhibits referred to in this Agreement are, by refer- ence, in—' corporated herein for all purposes. 11. BINDING EFFECT. This Agreement shall be binding upon the parties and their respective successors and assigns. DATED: THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation By • Ted Zigan David E. Camenisch Gloria F. Camenisch WHG:mj 4 1, c � MAILING LIST USA 627 Zigan Sand and Gravel Company, Inc. Surrounding Property Owners Jack and Marjorie Edson 458 Greenwood Lane Longmont, CO 80501 David and Gloria Camenisch 3598 Hwy. 119 Longmont, CO 80501 Dorothy Larson 10706 Weld County Road 7 Longmont, CO 80501 Shirley and William Silvers 10608 Weld County Road 7 Longmont, CO 80501 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Rosie Heaton 2702 Hwy. 119 Longmont, CO 80501 Edward Hodges 10795 Weld County Road 7 Longmont, CO 80501 Arthur Koldeway Trustee 6228 N. County Road 13 Loveland, CO 80537 St. Vrain Ltd. c/o Richard Domenico 8200 W. 67th Avenue Arvada, CO 80004 STATE OF COLORADO DIVISION OF HIGHWAYS J¢NT r h P.O. Box 850 rate'' Greeley, Colorado 80632-0850 m (303) 353-1232 "; W8 May 8, 1984 Weld County SH 119 Zigan Sand & Gravel Special Review MAY 8 1984 3/4 Mi . W. of I-25 on S. Side of 119 Weld Co. Planning Commission DOH FILE 45100 Mr. Michael S. Mullen Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Mullen: We have reviewed the Zigan Sand and Gravel Company, Inc., application for a use by special review. Based upon the estimated amount of traffic to be generated by this operation, we find no conflicts with our interests as long as gravel trucks operate within legal load limits. Thank you for the opportunity to review this application. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER � . laza-cf W. F. Rei sbeck L ;f` - District Preconstruction Ejigi eer WFR:da cc: A. Chotvacs File: Crier-Jacobson w/encl . OF C% RICHARD D LAMM �O Governor h �. 'O JERIS A. DA neer N A n State Engineer 2614H 1876 + OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 ,]�� ^�^ (303) 866-3581 D�-g-;i 12;1_ rYy/ May 11, 1984 tl TAY 17 1984 Weld Co. Planning Cnmmissinn Mr. Michael S. Mullen Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Zigan Sand and Gravel, Inc. Pit No. 4 Dear Mr. Mullen: As requested, we have reviewed the above referenced application for a gravel pit 3.25 miles northwest of Firestone. The proposed mining will create a 47-acre pond area after mining. We believe the pond, when reclaimed, will be used by the fish and wildlife that the application indicates exist in the area. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in CRS 37-92-103 as putting the water to beneficial use. Since the source of water for the pond that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to excavation of the gravel pit. Otherwise, Zigan will be in violation of CRS 37-90-137. Since the proposed gravel pit would be located in an over-appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. The correct procedure to obtain a well permit is as follows. Zigan should first file for a well permit with this office. The well permit will be denied since the proposed gravel pit is located in the over-appropriated Saint Vrain River basin. Before receiving this denial, Zigan could submit a plan for augmentation to the Water Court. The augmentation plan should replace the out-of-priority consumptive use associated with lake evaporation and any other out-of-priority consumptive uses. Upon the court's approval of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. Mr. Michael S. Mullen page 2 May 11, 1984 The application states that the landowner does not intend a beneficial use to occur from the existence of the pond. Should Zigan show there will not be a beneficial use of the pit water, the evaporation from the additional pond surface area created by mining would be considered a wasteful use of the ground water. Senior water right holders are rightfully entitled to this water. If there was a wasteful use of water, our Division Engineer would -order Zigan to cease operations in compliance with CRS 37-92-502(2) . The application states water for the operation will be purchased from the landowner. The landowner's water rights are probably adjudicated for agricul- tural use. Therefore, the water rights cannot be used for the mining opera- tion without a change of use decree from the Water Court. We will review any change of use application when it is filed in the Water Court. The application states that a well, number 000282, is approximately 900 to 1000 feet from the proposed pit. The application further states that any potential reduction in water level in the well will be supplied from the dewatering operation. While we support the protection of the well, replace- ment water cannot be supplied from the dewatering operation without including this use in the well permit discussed earlier. -The application also states that sump well no. 006744 will become a part of the mine operation. Does this mean the well will be decommissioned? The well cannot be used for dewatering or other uses as part of the operation without a new well permit. In summary, we cannot recommend approval of this application until the issues discussed in this letter are addressed. Further, we will order Zigan to cease operations if our Water Commissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sincerely,4.'�1' D. Simpson, Assistant State Engineer HDS/JRH:ma cc: Jim Clark, Div. Eng. Hello