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Home My WebLink About20022182.tiff Weld County Planning Dept. JUL � ';,UI RECEIVED July 9, 2001 Don Carroll Weld County Public Works ( Roads and Traffic) 1555 N 17th Avenue Greeley, CO 80631 Re: USR-1343 Special Use Permit (Owens Brothers Concrete Company) Dear Mr. Carroll: Please consider doing a traffic study for the permit referenced above. The scheduled hearing date with the planning Commission is July 17,2001. Residents in the immediate vicinity of the proposed location are concerned that the application shows an entrance/exit of WCR 28. State Highway 66 would be a better choice for the following reasons. 1) State Highway is a commercial area 2) WCR 28 is a dirt road 3) WCR 19 already has heavy traffic due to the Varra Plant on Hwy. 66 4) The intersection at WCR 19 and WCR 28 is a blind intersection We appreciate your consideration of this matter. Sincerely, Gary R. and Debra K. Sutton Gary R.and Debra K. Sutton, 9533\IV0.R 26,'1't• Lupton, CO 8062'1 g EXHIBIT 2002-2182 use #1340 AU.dulDo7 COLORADO >4thstr,,t, sn,i<< , Boulder, CU S,)3()! July 20, 2001 Tel: iu �3 io Fax: 3 oi-4 I s-oi 25 Weld County Board of County Commissioners vv.andubon.(uu Centennial Center 915 10th Street Greeley, Colorado 80632 Dear Commissioners: On behalf of the Board of Directors of Audubon Colorado, I am writing to urge you to limit the impact of a proposed gravel mining operation on the Sage Hill Farm wetland. We strongly support careful land use planning in proximity to the Sage Hill Farm natural area The Platte and Prairie Audubon Society is a local chapter of Audubon. This local chapter, centered in Greeley, "adopted"the wetland several years ago to provide stewardship support for the resource. The Audubon workdays at Sage Hill Farm wetland resulted in a substantial reduction in the presence of musk thistle, an invasive weed. Volunteer maintenance of the wetland has had a beneficial impact on the habitat for birds and other wildlife that use the site. Audubon Colorado and its local chapter partner,the Platte and Prairie Audubon Society recommend careful land use planning in proximity to the Sage Hill Farm wetland. We urge you require the gravel mining operation to use mining techniques that will not dry up these nearby wetlands. Further, we recommend that you devise methods to mitigate other disturbances such as dust, noise and lights from the trucks and other equipment involved with gravel mining. We recognize that private property rights are involved but we also request that you place restrictions on the special use permit needed for gravel mining so that nearby land uses can exist compatibly. Platte and Prairie Audubon members and chapter members from other parts of the state would appreciate your careful balancing of interests to protect private property rights and to protect the environment for the future. Thank you for your consideration. Sincerely, 11444411 Susan Kirkpatrick Vice President/Executive Director EXHIBIT r L( #/35/3 JUL-25-2001 WED 08:03 AM BANKS AND GESSO LLC FAX NO, 303 274 8329 P. 01 •$ Banks and Gesso, LLC 720 Kipling St..Suite117 MN Lakewood, Colorado 80215 (303) 274-4277 Fax(303) 274-8329 www,banksandgesso.com Fax weld Co. T« Chris Ct G otvi- PtBrit9 From: )1.)01 Man Fa3c �70-Cb�c-- (,(.(cg Pages: `)/1- Including Cover / Phone: 170- 33- (n(,C/O Date: -1)11 ,t5, -2A5-2A5/ Re: 11/41)C.- 4 R ta * AU- CC 75-- Cor<ese. , 4y447, G`bwi J 'lS 0. l4e/ Owens cot+ ft. th. P ka 7e.1O/4‘,/, hex tinuti as O.bout fat)eot Zt a suepscgf larA-ve. Leen cc'd .* LAU , ?ist 1 c-1OO4 knDw 'IT t ( 5. I-I na7, hen_ is a con -9(- for fecor . k12age. acic, to CAse -ste. 1karacs. I EXHIBIT i (ts2#13,03 JUL-25-2001 WED 08:04 AM BANKS AND GESSO LLC FAX NO. 302 274 8329 P. 02 Ms. Cynthia Parker Sage Hill Farm 8234 Weld County Road 28 Platteville, CO 80651 RE: Response to Public Comments Nix Property Sand and Gravel Mine, USR-1343 Dear Ms. Parker, Thank you very much for your comments regarding our proposed sand and gravel operation. As a third-generation Colorado company, we take great pride in our operations throughout the State. We continually strive to maintain strong relationships with all of our neighbors, both industrial and residential. For this reason, we feel we need to take this time to address several misconceptions and other issues that were raised in your letter. I will address your concerns in the same order presented in your letter. Sage Hill Farm Wetland: We are aware that your wetland is located directly south of our proposed operation. As outdoorsmen ourselves, we at Owens Brothers Concrete certainly do not want to be responsible for the ruin of such a precious commodity as the wetland and seek to do as much as possible to preserve it. While we are reasonably certain that our operations as proposed will not adversely affect the water table in the surrounding area, thus reducing water levels in your wetland and causing you to lose your investment, we are prepared to undertake a hydrologic study of the area and monitor water levels in the wetland. We are currently soliciting cost estimates for preparing a hydrologic study. We are also looking at measures we can take to augment any losses of groundwater in the wetlands, thus ensuring that your resource can continue to thrive along side our operation. At this point we are not prepared to discuss specific measures, but we can assure you that we are as concerned about the possible loss of the wetland as you are. We cannot commit to having the study and monitoring program subject to solely your review and approval. We propose using an objective third-party, the Division of Water Resources. Contrary to your belief, the wetland will not be exposed to increased levels of dust, noise, night-lighting, and traffic. Due to comments from other neighbors in the area, we have proposed to relocate the plant site from its original location to the northwest corner of Mine Area 1, and to relocate the access point to the site to a point on Weld County Road 19, approximately one-half mile south of State Highway 66. The relocated access point and plant location will eliminate the need for using unpaved Weld County Road 28, thus eliminating any increase in traffic, dust, and noise that otherwise would have occurred adjacent to the wetland. The plant location will also be screened with berms and stockpiles, further reducing the amount of noise and dust generated from the mining operation. In an extra effort to reduce dust levels, internal haul roads will be watered on a regular basis. Lastly, the only night lighting to be present on the property will be for security reasons and will be concentrated around the plant site. Lights will be baffled JUL-25-2001 WED 08:04 AM BANKS AND GESSO RC FAX NO, 3PQ 274 8329 P. 03 and directed away from neighboring properties and your wetland. As allowed by Weld County Ordinance, night operations may occur in the case of emergencies and government contracts. Lighting in these cases will be provided through use of portable light towers and will be used on a temporary basis. However, these cases are typically fairly rare. Our general operations are usually confined to daylight hours, and we expect this to continue at the Nix property. Shelterbelts Again, we feel reasonably certain that our mining operation will not adversely affect the existing water table. As required by the Division of Water Resources, State Engineer's Office, we have prepared and submitted a Substitute Supply Plan for review and approval. If it is determined that our operation does not adequately address potential losses in the groundwater supplies, our Plan will be denied and mining at the property will not be allowed. Our Plan indicates that the maximum amount of groundwater lost during excavation will be approximately 58 acre-feet of water per year. We have obtained the rights to 483 acre-feet of water through the Last Chance Ditch Company. This water can be used to counterbalance any losses that may occur due to dewatering and evaporation. If the hydrologic study shows that our operation will affect the wetland and shelterbelts on your property, we are prepared to divert some of our available water supply to your property to eliminate disruption of your water table or your natural spring. Water Rights Typically, engineering studies assessing a proposed sand and gravel mine's impact on the surrounding water supplies is not required in the permitting process at both the state and local levels. However, as indicated above, a Substitute Supply Plan is required. We Our submitted Plan indicates that we will have more than enough water to compensate for any potential losses in groundwater levels in the alluvial aquifer below your property. Neighborhood Issues Issues 4.A, 4.B, 4.C, 4.E, and 4.F are addressed in the response to your concerns about the wetland. To recap, the location of the plant has been moved to more central location and farther away from your property and wetland. The Access and Haul Route has been changed to utilize WCR 19, which is already paved. Hours of operation will be held to daylight hours, with exceptions for emergencies and government contracts, as is allowed by Weld County Ordinance 23-4-290 (B). Noise levels will be in compliance with standards set forth in the Weld County Ordinance and State Law. Berms and stockpiles will be strategically placed around the plant site to act visual and noise screens. Night lighting will be restricted to small scale security lights located around the plant site, except in the case of emergency night operations and/or government contracts, in which case the lights will be temporary and directed directly onto active areas of operation. Until such events occur, it is impossible for us at this point to guess where these lights may be located. According to Colorado State Law, sand and gravel is a protected resource. In order to ensure that as much of the resource is extracted as possible, permits are issued to last for "the life of the operation°. Since we are a relatively small operation (producing only 500,000 tons of material per year (where larger operations produce upwards of a million tons per year), limiting the life of the operation to 15 years will not allow us to maximize the use of this protected resource and we cannot agree to such a limitation. JUL-25-2001 WED 08:04 AM BANKS AND GESSO LLC FAX NO, 30' 274 8329 P. 04 Lastly, while we understand your concerns regarding the sale and rental values of your property, studies have shown that sand and gravel mines do not negatively impact property values. We believe that mining and reclamation properly carried out will enhance your property values, particularly when compared to other potential uses such as residential or commercial. We would be more than happy to forward copies of these studies to you for your reference. In addition, the Mine Plan indicates that the mining limits along the southern end of the Nix property will have setbacks from Weld County Road ranging between approximately 80 feet (in the southeast corner) to approximately 350 feet (in the southwest corner). We are also proposing to place topsoil berms of up to 6 feet in height along the southern property line. We understand that this reply is not likely to adequately address all of your concerns. However, we sincerely hope that this can be considered a step in the right direction. It is our strongest desire that we can be considered friendly neighbors. We are committed to doing all that is within reason to ensure that our proposed operation can peacefully coexist with your and your neighbors' properties. During the remainder of the permitting process we will welcome any further comments you may have and we look forward to working with you in reaching an ending we can all agree upon. Sincerely, Bill Owens Owens Brothers Concrete Company Cc: Chris Gathman, Weld County Planning Department Vield County Planning Dept Mr. Chris Gathman, Planner Weld County Department of Planning Services 1555 N. 1th Avenue RECEI V✓ED Greeley, CO 80631 RE: USR-1343 Owens Brothers Concrete Company/Special Use Permit Dear Mr. Gathman: As a member of the Platte& Prairie Chapter of the National Audubon Society, I am deeply concerned about the proposed mining operation referenced above. This mining operation is directly across the road from the 19-acre Sage Hill Farm Wetland, located at 8234 WCR 28, and poses a serious threat to the continued well-being of the wetland and all the species of animals and plants which live there. Our local Audubon chapter"adopted"the Sage Hill Farm Wetland several years ago, and many of our members have volunteered numerous hours of work towards improving the already high quality habitat to be found on this site. The traffic, noise, lights, dust and other disturbances associated with the gravel operation will negatively impact the ideal habitat currently found in this wetland. Also,the proposed mining operation may lower the water table and thereby destroy the wetland. Therefore, I ask that you consider implementing the following changes to the proposed mining operation: (1) Move the aggregate processing plant to the northwest corner of the Nix/Owens property, placing it near the already existing Van-a plant and as far away from the Sage Hill Farm Wetland as possible. (2) Route the gravel hauling traffic onto State Highway 66 or onto WCR 19, both of which are paved roads which already carry commercial truck traffic. Don't allow gravel truck access onto WCR 28, which runs along the north border of the wetland. (3) Require a substantial dirt berm along the entire length of the boundary where the gravel operation borders the wetland, to protect against noise and disturbance. (4) Keep night lighting at the gravel pit well away from the wetland and limit mining and processing activities to daylight hours only (not 24-hour operation as requested). (5) Disallow the Concrete Batch Plant proposed under this Special Use Permit, as insufficient information has been provided in the application to determine the environmental impact (location of plant, number of mixing trucks, etc.) of such a plant. (6) Require evidence of adequate protection to the high water table which is the source of the Sage Hill Farm Wetland. Thank you for your attention to the above points. Sincerely, � /7— My Address: EXHIBIT L Ila Leary .� 20491 County Rd.44 La Salle,CO 80645-8824 I.ISI�113y3 Varra Companies, Inc. Office of Special Projects 1431 East 16th Street + Greeley,Colorado 80631 i Telephone(970)353-8310 ♦ FAX 970)353-4047 Friday 24 August 2001 Weld County Commissioners Weld County Colorado 915 Tenth Street Weld County Planning Dapt, Greeley,Colorado 80631 Subject: USR 1347—Kurtz Ranch Sand and Gravel—Aggregate Industries. USR 1343—Owens Bros. Concrete Company. Dear Commissioners: RECEIVED Attached is correspondence from my office to Banks and Gesso relevant to the above reference Weld County USR applications. As you are aware, Varra Companies, Inc. has operations and established access at Highway 66, adjacent to these proposed sand and gravel operations. Varra Companies, Inc. is interested in traffic analysis and negotiation respective of these operations. Specifically; while all requirements and expenses have already been met by Varra Companies, Inc., in this regard; it appears reasonable for us to express concern that our existing operations be fully considered in combination respective of the two proposed operations. As our existing operations develop to include full production from our approved aggregate, asphalt and concrete plants, including approved 24 hour operations, the combined operations proposed by our two neighbors must not be allowed to adversely bear upon our previously approved circumstances at worst. At best, the resulting cumulative impact to Highway 66 should be adequately evaluated to take into consideration not only ingress and egress considerations pertaining to the proposed operations, respective of our existing approved operation; but seriously entertain any additional safety measures warranted to the benefit of the traveling public respective of signage, signaling, speed limits, shoulders, bridges, roadway expansion, and related features. In short, we believe it would be misguided to consider these proposed operations singularly from each other; or otherwise apart from their singular or combined influence on our existing approved operations, or the traveling public. Therefore, please consider the cumulative potential of these proposals respective of our existing approved operations. We desire an opportunity for representatives of Varra Companies, Inc. to be kept informed and our interests regarded respective of any traffic impact studies performed on behalf of these proposals; including adequate opportunity to comment on the nature, character and composition of those studies, conclusions, and any proposed accommodations. If you need clarification or additional information, please feel free to contact us. Thank-you for your kind consideration. Sincerely Varra Companies, Inc. rad •n Janes Pro ,:tonal Forester cc. Ross M. Horvath, P.E. Banks and Gesso Christopher L. Varra, President Varra Companies, Inc. Continued...next page... EXHIBIT des ksp#i3y3 Weld County Dept. of Public Works Weld County Dept. of Planning Services Gloria Hice-Idler Colorado Dept. of Transportation BLJ/blj. 2 IIIII Banks and Gesso, LLC 720 Kipling St.,Suite117 ■■ Lakewood, Colorado 80215 (303) 274-4277 Fax (303) 274-8329 www.banksandgesso.com Weld County Planning Rapt. January 8, 2002 Weld County Department of Planning Services Attn: Chris Gathman North 17t" Avenue R r E C } f ED Greeley, CO 80631 RE: Status of Condition Compliance — Resolution USR-1343 - Nix Sand and Gravel Mine Dear Chris: Following is an update on where Owens Brothers Concrete Company stands in complying with conditions set upon them in by the County Planning Commission before a Board of County Commissioners hearing date can be set. Regarding Condition 2A: The Applicant has reached an agreement with the property's mineral owners stipulating that oil and gas activities have adequately been incorporated into the design of the site. A copy of the Agreement is forthcoming. Regarding Condition 2B: The Applicant has applied for a commercial well through the State Division of Water Resources. As soon as the permit application is approved, proof of approval will be supplied to your office. Regarding Condition 2C: The Applicant has had studies performed by Wright Water Engineering assessing the impact of the operation on neighboring wells and Ms. Parker's wetland. Said study has lead Owens Brothers Concrete to believe that wet mining of the property will best mitigate the concerns of the neighbors. Negotiations are underway with the neighborhood group to iron out details of Agreements with them that will indicate that their concerns have been adequately addressed and mitigated. Regarding Condition 2D: As a result of the change to wet-mining, the Applicant has had to revise its augmentation plan and resubmit it to the State Division of Water Resources for their review and approval. Proof of approval will be forwarded to your office once obtained. Regarding Condition 2E: The Applicant has provided your office with justification for the proposed location of the gravel processing facilities. It is our understanding that this condition has been adequately addressed. Please inform me if this is not the case. Regarding Condition 2F: The Applicant has amended and resubmitted the traffic study to the Department of Public Works. Mr. Drew Scheltinga has indicated that the revised _" EXHIBIT S #/3<43 study is adequate. He was to forward their approval to your office. Please inform me if he has not yet done so. Regarding Condition 2G: The Applicant is in the process of obtaining an agreement with the Last Chance Ditch Company that stipulates that their concerns have been adequately addressed. Also, it has come to our attention that a switch to a wet-mining operation may necessitate a new hearing in front of the County Planning Commission because it may constitute a "substantial change" to the original application. We would strongly argue that this change is not substantial at all, but is a minor change directly resulting from the Planning Commissions condition that Owens Brothers Concrete work to mitigate concerns of the neighbors regarding impacts to wells and wetlands. There would be no change to the overall use of the property. The only change to the application would be to switch to a method by which the end use is achieved with less intrusive, less harmful impacts to the neighborhood and environment. Ali other areas of the original permit will remain the same. Roughly the same amount of material (likely less) will be extracted from the same parcels of land. Traffic counts and haul routes will not change, nor will types and locations of the processing facilities, etc. Further, it is our belief that the overall use of the property has already been reviewed by the Planning Commission (with recommendation for approval) and commented upon by the community in USR case 1343. It is a direct result of this case and it's related hearing that the minor change to wet-mining has been proposed. To subject Owens Brothers Concrete to a new hearing essentially penalizes the Applicant for working with the neighborhood group to satisfy a condition and unjustly opens the application up for a second round of review of issues already discussed at length during the first hearing. I would also suggest that there would be ample time and opportunity for public comment regarding the proposed change to wet-mining during the pending Board of County Commissioners hearing. We sincerely hope that you and your staff will reconsider the possibility of subjecting the Applicant to a new hearing and resulting delays. If you have any questions or comments regarding this project, please feel free to contact me at 303/274-4277. Sincerely: -_ Tug Martin Banks and Gesso, LLC Cc: File-20075-Agency Correspondence Bill Owens, Owens Brothers Concrete Company Weld County Planning Department GREELEY OFFICE LIND, LAWRENCE & OTTENHOFF LLP FEB 4 2002 ATTORNEYS AT LAW RECEIVED THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.Box 326 GREELEY,COLORADO 80631 WEB PAGE:LLOLAW.COM GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (970)356-9160 KIM R.LAWRENCE (970)353-2323 TELECOPIER P.ANDREW JONES (970)356-1111 RICHARD T.LiPUMA pajellolaw.cam February 1, 2002 VIA FACSIMILE NO. 304-6498 AND & U.S. MAIL Chris Gathman Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: USR - 1343 Special Use Permit Owens Brothers Concrete Company, Nix Pit Application Dear Chris: Thank you for speaking with me by phone yesterday. Per our conversation, please notify me, in addition to my client Mayer Family Farms, of any significant activity in this application, including any dates set for hearing before the Board of County Commissioners. As you may recall, the Planning Commission required the applicant to make an agreement with neighboring well owners. I have submitted a proposed agreement to Owens Brothers, but to date do not have a response. Sincerely, LIND, AWRENCE & OTTENHOFF LLP . A dew Jones PAJ:mt F:\PAJ\MAYER\LETTERS\GATHMAN 020131.DOC 4 EXHIBIT K L S2 #,393 APR-23 fit TUE 10 :48 AM WELD C'ITY PUBLIC WKS7 FAX:9703046497 — PAGE 1 FROM :SRGE HILL FAX N0. :979 785 6034 Apr. 22 2002 03:; • To 7w,. , ezuAte Ldeos cses,a4z, Poiatcc n)ate Oat`. 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(il aY® p p W. v > P1Op C]l3M w a w _ __. . 8-.; z bid Wce£:£0 2002 ZZ '.Ide I _ `T w ',..-,5 P£09 SIDE 02.6: 'OIJ Xbj N `-' Y BuVd L66960E0L6:XVJ LSYM oimnd AIh_ .J Q'IBM NV 8Y: 0I BELL d0 c7,-4dV ME Banks and Gesso, LLC 720 Kipling St.,Suite117 ■■ Lakewood, Colorado 80215 (303) 274-4277 Fax (303) 274-8329 www.banksandgesso.com May 28, 2002 Weld County Planning Department Department of Planning Services GREELEY OFFICE Attn: Chris Gathman MAY i 0 2002 1555 North 17th Avenue Greeley, CO 80631 , a.emam b' L. RE: Conditions Precedent to Resolution USR 1343 - Nix Sand and Gravel Mine; Owens Brothers Concrete Company Dear Mr. Gathman: Please allow this correspondence to satisfy the remaining conditions precedent as set forth in the Resolution of Recommendation to the Board of County Commissioners for USR-1343, the Owens Brothers' proposed Nix Sand and Gravel Mine. As you may recall, Condition 2E was satisfied in August of 2001, via a letter to your office detailing the reasoning behind the proposed plant location. Condition 2A: The Applicant has reached an agreement with the property's mineral owners stipulating that oil and gas activities have adequately been incorporated into the design of the site. A copy of the Agreement can be found Exhibit A of this letter. Condition 2B: The Applicant has applied for a commercial well through the State Division of Water Resources. This application was approved on May 9, 2002. A copy of the approval letter can be found in Exhibit B of this letter. Condition 2C: The Applicant has had a comprehensive study performed by Wright Water Engineering which assesses the impact of the proposed operation on neighboring wells and Ms. Parker's wetland. As you are aware, the study has lead Owens Brothers Concrete to believe that wet mining of the property will best mitigate the concerns of the neighbors. Negotiations are currently underway with the Pyeatt's, the Wilson's, Ms. Parker, and the rest of neighborhood group to iron out details of the Agreements. In an effort to keep the permitting process from being held up by third parties and attorney's, we respectfully request permission to schedule the board hearing without these agreements in hand. The Applicant fully desires and intends to reach agreements with the concerned parties and will forward the agreements to your office once finalized. A copy of the Wright Water Engineering report can be found in Exhibit C of this letter. Condition 2D: A copy of the State Engineer's approval letter for the TSSP can be found in Exhibit D of this letter. Condition 2G: A copy of an agreement with the Last Chance Ditch Company that says they do not object to the proposed operations at the Nix property can be found in Exhibit E of this letter. Lastly, a copy of the revised mine and reclamation plans (maps and text) as submitted to the DMG in response to their review of the operation can be found in Exhibit F of this letter. Please be aware that the only changes to the mine plan are in the sequence of the mining operation and the general configuration of the mine cells. The amount of material expected to be extracted and the general timeframe proposed in the original application have not changed. Also, please note that the only change to the reclamation plan is that the Applicant will now backfill a significant EXHIBIT tt.- #/34'3 portion of the mine cells located directly across from Ms. Parker's property along WCR 28, thus changing the final configuration of the ponds. It is important to consider that these changes are a direct result of recommendations made by WWE to Owens Brothers to try and further reduce any impacts the mining operation may have on Ms. Parker's wetlands. It is my hope that this letter and the appropriate attachments will satisfy the conditions precedent placed on the Applicant for Resolution of Recommendation for USR-1343 and that you can schedule a hearing in front of the Board of County Commissioner's regarding the Nix Sand and Gravel Mine. If this is not the case, please contact me at 303/274.4277 so that we may work to resolve any outstanding issues we may have overlooked. I look forward to hearing from you on this matter. Si cerely, J� Tug artin Project Manager Cc: Project File: 20075—Agency Correspondence Bill Owens—Owens Brothers Concrete Company Exhibit A—Agreement with Mineral Owners AGREEMENT THIS AGREEMENT made and entered into this lS 'day of Apr:A 2002, by and between Owens Bros Concrete Co., a Colorado corporation, hereinafter referred to as "Owens," and Ralph Nix Produce, Inc., hereinafter referred to as"Nix", WITNESSETH; Whereas Owens has an Application pending before the Colorado Mined Land Reclamation Board, which is captioned Application for Regular 112 Permit Nix Property Sand and Gravel Permit, Weld County, Colorado, Application No. M-2001-046, and an Application for Use by Special Review, Application No. 1343, before the Weld County Commissioners; And whereas Nix is the owner of the mineral interests underlying the surface of the parcel of real property which is the subject of the above-referenced applications; And whereas Nix has carefully reviewed such Applications; Now therefore it is agreed between Owens and Nix that Owens' Applications adequately take into account all oil and gas activities on the subject property. Nix further represents and agrees that said applications fully and adequately protect its interests as owner of the mineral interests in and to said real property. i RALPH NIX PROQ4J E, INC. BY OWENS BROS. CpONNCRET CO. IL BY N \ • l Exhibit B—Commercial Well Approval Letter MAY-09-2002 09:28 DIV WATER RESOURCES 303 866 3589 P.02/02 Form No. OF ICE OF THE STATE ENGINEER GWS-26 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St,Denver,Colorado 80203 (303)800-3681 LIC • WELL PERMIT NUMBER 240804 DIV. 1 WO 2 DES.BASIN MD APPLICANT APPROVED WELL LOCATION WELD COUNTY SW 1/4 SE 1/4 Section 28 OWENS BROTHERS CONCRETE CO Township 3 N Range 67 W Sixth P.M. 5550 SHERIDAN BLVD DISTANCES FROM SECTION LINES ARVADA, CO 80002- 42 Ft from South Section Line 1337 Ft.from East Section Line (503)429-5850 UTM COORDINATES CHANGE/EXPANSION OF USE OF AN EXISTING WELL Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)and the policy of the State Engineer dated 4/9/85 for appropriation of ground water tributary to the South Platte River system. 4) The use of ground water from this well Is limited to drinking and sanitary facilities as described In CRS 37-92-602(1)(c), for a commercial business. Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. 5) Approved for the use of an existing unregistered well decreed In Division 1 Water Court Case no.W-3351. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The maximum annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot(108,600 gallons). 8) Approved as the only well on a tract of land of 39 acre(s)described as the SW114 of the SE1/4,Section 28,Township 3 North,Range 67 West,6th P.M.,Weld County,reference attached exhibit"A". 9) The return flow from the use of this well must be through an individual waste water which the disposal s i located. The maximum system the non-evaporative type where the water is returned to the same stream system consumptive use of ground water shall not exceed 10 percent. 10) A totalizing flow meter must be Installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request. 11) This well shall be not more than 200 feet from the location specified on this permit NOTE: Pursuant to condition 2,the construction of this well must be in compliance with the Water Well Construction Rules 2 CCR 402-2. It may be necessary to modify the well casing to bring it up to current standards,Including an adequate seal and grouting. If you need a variance from this standard or if you need guidance on modification of the well you can contact the State Board of Examiners of Water Well Construction and Pump Installation Contractors at the address above. NOTE:To ensure a maximum productive life of this well,perforated casing should be set through the entireJM� 19 � interval of the approved zone or aquifer Indicated above. Si?/7/o2_ > ,f APPROVED A .1 �_I_� JMW liii 11fI� State Engineer 2002 e EXPIRATION DATE NAY d 9 ,Receipt No.0488021 'DATE ISSUED MAY 0 9 TOTAL P.02 STATE OF COLORADO t. CE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 • • • Denver,Colorado 80203 •4ic Phone:(303)866-3581 FAX:(303)866-3589 Bill Owens Governor Greg E.Walther Executive Director May 23, 2002 Hal O.Simpson,P.E. State Engineer Mr. Bill Owens Owens Brothers Concrete Co. 5550 Sheridan Blvd. Arvada, CO 80002 RE: Substitute Supply Plan, Nix Sand and Gravel Mine, (M-2001-046) Section 28,T3N, R67W, 6th P.M. Weld County,Colorado Dear Mr. Owens: This letter is in response to your application for a substitute supply plan for the Nix Sand and Gravel Mine in accordance with Section §37-80-120, C.R.S. The required fee of$1,343 for the substitute supply plan has been submitted. The anticipated net depletion for this plan is 56.84 acre-feet per year for up to 18.00 acres of exposed lake surface after December 31, 1980. According to the information submitted, no water surface was exposed within the reclamation permit boundary prior to January 1, 1981. You have provided a monthly breakdown of the annual depletions totaling 56.84 acre-feet of evaporation loss which includes 1.38 acre-feet of water used and consumed for dust suppression, and 8.83 acre-feet of water lost in the mined product No phreatophyte credit has been applied for to this plan. The proposed source of replacement for this pit are 447.63 acre-feet of historic net stream depletions from land historically irrigated with 1.0 shares of Last Chance Ditch diverted from the St Vrain River. The historic acreage was located at the proposed mine location. The monthly depletions and replacement requirements are found on the attached table. As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with §37-80-120,C.R.S. subject to the following conditions: 1. A well permit must be issued for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. Upon receipt of this approval plan, the applicant should submit an application for a gravel pit well permit The application will be then evaluated pursuant to current statutes. Either consent or a hearing will be required prior to the issuance of the permit if another well is located within 600-feet of the gravel pit boundaries. Should a new well permit be denied for reasons of 600 spacing, or any other legitimate reason,approval of this substitute supply plan will be canceled. Mr. Bill Owens Substitute Supply Plan, Nix Sand and Gravel Mine, (M-2001-046) • May 23, 2002 2. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 18.00 acres, the annual water used for dust suppression shall not exceed 1.38 acre-feet, the total product mined shall not exceed 300,000 tons per year. Should the total consumption of the pit or production of concrete exceed these amounts prior to the expiration date of this plan, an amendment will need to be filed with this office. 3. In accordance with amendments to§25-8-202(7), C.R.S., and the Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute supply plan is of quality to meet requirements of use to which the senior appropriation receiving the substituted supply has normally been put As such,water quality data or analysis may be requested at any time to determine if the requirements of use of the senior appropriator are met 4. Approval of this plan is for the purpose as stated herein. Any additional uses for which the water may be used must first be approved by this office. My future additional historic consumptive use credit given (e.g. agricultural water transfer) for this site must consider all previous credits given. 5. The reserved replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing, and depletions. 6. Adequate accounting of depletions and replacement must be provided to the Division Engineer in Greeley on an annual basis. The accounting form provided with your application is subject to modification and approval by the Division Engineer. All amounts shall be in acre-feet 7. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. 8. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court within two(2)years of the completion of mining to include, but not limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. This plan shall be valid through May 24, 2004. Acceptance of these conditions will be assumed unless a letter to the contrary is received by this office within two weeks after receipt of this letter. If this plan is not made absolute by a court action by the expiration date, a renewal of this plan is required. If you have any questions concerning this approval please call our office. We conduded that approval of this plan does not imply a position by our office on any litigation associated with this race. Sincerely, Kenneth W. Knox Assistant State Engineer cc: Bob Stahl,Assistant Division Engineer Thomas Kennedy, Rocky Mountain Consultants, Inc. 2 Mr. Bill Owens Substitute Supply Plan, Nix Sand and Gravel Mine, (M-2001-046) May 23, 2002 Owens Brothers Concrete Co. - Nix Sand and Gravel Mine, (M-2001-046) MONTHLY DISTRIBUTION FOR DEPLETION & REPLACEMENT REQUIREMENTS (All Values In Acre-Feet) Month Lagged Evaporation & Replacement Required from Operational Depletions at Last Chance Ditch Shares the pit January 4.67 4.67 February 4.21 4.21 March 3.96 3.96 April 3.88 3.88 May 4.00 4.00 June 4.26 4.26 July 4.69 4.69 August 5.21 5.21 September 5.58 5.58 October 5.68 5.68 November 5.52 5.52 December 5.19 5.19 Total 56.84 56.84 3 Exhibit E—Agreement With Last Chance Ditch Company Seep Ditch Discharge Notification I, af-o a 44 /c d q authorized representative for the Last Chance Ditch Company located in Weld County, Colorado, do not object to Owens Brothers Concrete Company occasionally discharging clean groundwater obtained from dewatering operations, into the seep ditch which runs north from Weld County Road 28 and through the Owens Brothers Property in Section 28, Township 3 North, Range 67 West. atta C iuvwcc 7—//— a 2 Last C nce Ditch Company Date Exhibit F—Updated DMG Mine and Reclamation Plans 6.4.4 Exhibit D—Mining Plan The Applicant will be placing almost all of the excess overburden back into Mine Areas Two and Three once those pits have been completely excavated. Owens Brothers would like to reserve the right to sell as much as 2,000 tons of overburden per year to off-site users. Backfill of the remainder of the overburden will take place along the southern edges of Mine Areas Two and Three. Placement of fill material in these areas will serve two purposes. One, the lake leveling affect along the southern shore will be reduced by 6 to 12 inches. Two, the buffer between the pond edge and the wetlands to the south of the property will be increased by approximately 200 feet. The combined affect should greatly reduce, if not eliminate, the overall affect the lake leveling has on the wetlands. The mining sequence will follow the numerical order of the Mine Areas depicted on the Mine Plan Map, with the plant initially located in Area Four. Once mining has progressed to the initial plant location, the plant will be relocated to the northwest corner of Area Six. Lastly, for the purposes of topsoil disposal during reclamation, it assumed that all salvaged topsoil is placed on top of the backfill material to an average depth of 2.3 feet. The overburden and backfill volumes include topsoil amounts. A more detailed description of the mining sequence follows. Mine Area One - Mining will begin in Area One. The area will be stripped of topsoil and overburden. The overburden will be stockpiled in the southeast corner of Mine Area 3. The dredge or dragline will initially be located in the northwest corner of Mine Area One (as far away from the south road as possible). Extraction will begin in that corner and progress southward towards Weld County Road 28. Approximately 99,500 CY of overburden will be recovered from this area. However, approximately 111,200 CY will be needed for final reclamation. All of the overburden stripped from the area will be used during reclamation, with another 10,600 CY of backfill material being supplied by stripping of Area Two. The maximum amount of topsoil stockpiled for this phase is 99,500 CY. Mine Area Two — As with Area One, the area will first be stripped of topsoil and overburden. Stripping is expected to produce approximately 270,900 CY of overburden. Approximately 10,600 CY of the overburden will be placed directly into Mine Area One to complete reclamation of that area. The remaining overburden will temporarily stockpiled in the southwest corner of Mine Area Three. Mining of Area Two will begin in the southeast corner and progress northwestward towards the mining limits. Backfill of the southern portion of Mine Area Two will be concurrent with mining. In other words, as soon as an area large enough to accommodate the stripped and stockpiled overburden is created, the overburden will be bulldozed into the southern portion of the mine area. Approximately 323,700 CY of material will be needed to complete reclamation of Area Two. In addition to the 270,900 CY that will be available from stripping of this area, the Applicant will need utilize approximately 63,500 CY of overburden stripped from Mine Area Three to achieve final reclamation of the area as shown on the revised Reclamation Plan Map. The maximum amount of overburden to be stockpiled during this phase is 270,900 CY. Mine Area Three — Activities in Area Three will begin with stripping of topsoil and overburden, which will create approximately 407,000 CY of material. Approximately 63,500 CY of overburden from Area Three will be placed directly into the south portion of Area Two to achieve the desired reclamation configuration. The remaining 343,500 CY of stripped overburden from Area Three will be temporarily stockpiled in Mine Area Four until such time that mining in Area Three creates an area large enough to accommodate the material. The maximum amount of overburden to be stockpiled during this phase is 343,000 CY. Mining in this phase will begin in the southeast corner and progress northwestward. Mine Area Four — As with the other mine areas, activities will begin with stripping topsoil and overburden. Stripping operations in Area Four will create approximately 82,100 CY of overburden. All of this material will be placed directly into Mine Area Three to help achieve final reclamation of that area, as depicted on the revised Reclamation Plan Map. Reclamation of Area Four will require approximately 74,900 CY of backfill material, all of which will come from stripping of Mine Area Six. We do not anticipate a need to stockpile overburden material during this phase of operation. Mining in Area Four will begin in the southwest corner and move northwards. Mine Area Five — Stripping of Area Five will create approximately 69,300 CY of overburden material. As with Area Four, all overburden stripped from this area will be placed directly into Area Three to satisfy final reclamation of that area. Reclamation of Area Five will require approximately 38,000 CY of backfill material, all of which will be provided from stripping of Mine Area Six. We do not anticipate a need to stockpile any overburden material during this phase of mining. Mining in Area Five will begin the south and move northward. Mine Area Six-Stripping of Mine Area Six will produce approximately 395,700 CY of overburden materials. Approximately 101,000 CY will be placed directly into Area Three to satisfy final reclamation of that area. Another 74,900 CY of material will be placed directly into Area Four and 38,000 CY will be placed directly into Area Five to help achieve final reclamation configurations of those areas. The remainder of the overburden material stripped from this area (approximately 181,800 CY)will be temporarily stockpiled on the north side of the site access road until mining of the area is complete and it is used for final reclamation. Mining in Area Six will begin in the south and move northward. 6.4.5 Exhibit E— Reclamation Plan &6.4.6 Exhibit F—Reclamation Plan Map A revised Reclamation Plan Map is^attached. The revi3)°d map takes into account the addition of the excess overburden to the resulting ponds, and reflects the changes to shapes of the mining cells. Hello