HomeMy WebLinkAbout20022171.tiff EN Banks and Gesso, LLC 720 Kipling St.,Suite117
IME Weld County Planning Dept. Lakewood, Colorado 80215
(303)274-4277
:ill
1 8 2001 Fax (303) 274-8329
www.banksandgesso.com
June12, 2001 RECEIVED
Weld County Department of Planning Services
Attn: Chris Gathman
1555 North 17th Avenue
Greeley, CO 80631
RE: Owens Brothers Concrete Nix Sand and Gravel Mine,
Case Number USR-1343
Mr. Gathman:
Per our earlier conversations in reference to the above mentioned case number, Owens
Brothers Concrete has decided to withdraw its request that construction and operation of
a concrete batch plant be allowed as part of the approved USR permit. As such, the
only operations to occur under an approved permit at this time would be the extraction
and subsequent processing and sorting of sand and gravel materials recovered from the
Nix property. If Owens Brothers Concrete wishes to erect a concrete batch plant on the
property at some time in the future, a USR permit amendment request will be submitted
to your office for review.
Should you have any further questions or comments, please feel free to call me at (303)
274-4277.
Sirely,
lAcyk;;;_____
Tug in
Planner
Cc: 20075 —Agency Correspondence
Bill Owens, Owens Brothers Concrete Company
OAST
-- -
2002-2171
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue,Greeley,Colorado 80631
Phone (970)353-6100, Ext.3540 Fax (970)304-6498
USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission
concerning a proposed Sand and Gravel (gravel, coal, borrow pit,etc.)mining operation for the
following described unincorporated area of Weld County:
LEGAL DESCRIPTION:
South 1/2 of SW 1/4, W 1/2 of SE 1/4 and entire NE 1/4 of Section 28, Township 3 North, Range 67
120928000003
PARCEL NUMBER: (12 digit number-found on Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owner(s)of area of land described
715 Collins, Eaton,
Name: Ralph Nix Produce, Inc. Address: CO 80615 Phone:
Name: Address: Phone:
3. Owner(s)of mineral rights or substance to be mined
Name: same as above Address: Phone:
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Contract to Purchase Agreement
(Include certified copy of any document(s)noted
5. Applicant's address: Owens Brothers Concrete Company Phone: anvno 5850
Address: 5550 Sheridan Blvd..Arvada CO 80002 Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
DMG Permit no M-1996-052
7. Description of Operation
A. Types and number of operating and processing equipment to be used
B. Maximum number of employees: 5 , and number of shifts: 1
C. Number of stages to be worked: 4 , and periods of time each is to be worked Stage 1 at 3-5 yrs
Stage 2 at 3-4 years, Stage 3 at 3-4 years, Stage 4 at 4 to 6 years
14
D. Thickness of mineral deposit: Avq. 40 feet, and thickness of the overburden: Avg. 7 ft.
E. This will be a wet/dry pit operation.
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Weld County Road 28
8. Description of reclamation
A. Proposed reclamation land use(s): Unlined, open water bodies;limited residential development
Colorado Mined Land Reclamation Board, Division of
B. Source of technical advise for reclamation:
Minerals and Geology 112 permit regulations and standards for reclamation
C. Explanation of Reclamation Process:
Backfilling of pit edges to 3:1 slope to 10 feet below water line and 2:1 slope below that point to pit
Non-water storage areas will be returned to natural grade and seeded.
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.
cle
Signature:Owner/Authorized Agent
t
Rev: 1-27-97
15
•
USE BY SPECIAL REVIEW QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question
does not pertain to your use, please respond with"not applicable",with an explanation as to why the
question is not applicable.
1. Explain, in detail,the proposed use of the property.
Please see detailed Mine and Reclamation Plans in the DMG 112 application, Appendix A
2. Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan.
See Section 7.4
3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance and
the zone district in which it is located.
See Section 7.5
4. What type of uses surround the site? Explain how the proposed use is consistent and compatible
with surrounding land uses.
See Sections 7.7 and 7.8
5. Describe, in detail, the following:
a. How many people will use this site?
3 to 5 employees plus truck drivers
b. How many employees are proposed to be employed at this site?
3 to 5
c. What are the hours of operation?
See Section 5.2
d. What type and how many structures will be erected(built)on this site?
Sand and gravel processing plant
e. What type and how many animals, if any,will be on this site?
none
f. What kind (type, size,weight)of vehicles will access this site and how often?
See Section 7.12
g. Who will provide fire protection to the site?
Platteville Fire Protection District
h. What is the water source on the property? (Both domestic and irrigation).
See Section 4.2
I. What is the sewage disposal system on the property? (Existing and proposed).
See section
j. If storage or warehousing is proposed,what type of items will be stored?
none
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a
landscape plan map as part of the application submittal.
See Reclamation Plan in Appendix A, DMG 1 Permit
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs.
See Reclamation Plan in Appendix A, DMG 112 Permit
8. Explain how the storm water drainage will be handled on the site.St9. Explain how long it will take tormwater directed to tcon onstruct tond his r sediment e ad whennconstructioncand landscaping discharge
scheduled to begin.
See Mine and Reclamation Plans in Appendix A.
10. Explain where storage and/or stockpile of wastes will occur on this site.
Wastes will not be stored on site
10
•
„--° ^.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date:
1111 H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
I. Applicant Name Owens Brothers Concrete Company Phone 303/429.5850
Address 5550 Sheridan Boulevard City Arvada State CO Zip 80002
2. Address or location of access
Section 28 Township 3N Range 67 W
Subdivision g
Block Lot
Weld County Road # 28 Side of Road North Distance from nearest intersection 1/4 mile
3. Is there an existing access to the property? Yes X No_ #of accesses 7
4. Proposed Use:
❑ Permanent O Residential/Agricultural iX Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
Legend for Access 4i'
Description: • r;
AG= AgriculturalYAW
•• - W"":�
RES = Residential G
O&G= Oil&Gas
D.R. = Ditch Road
WCR 17- A WCR 19
G
AG
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
O Installation authorized ❑ Information Insufficient
Reviewed By:
Title:
9
APPLICATION FOR A
USE BY SPECIAL REVIEW (MINING)
For the
NIX PROPERTY SAND AND GRAVEL MINE
WELD COUNTY, COLORADO
APPLICANT:
OWENS BROTHERS CONCRETE COMPANY
5550 Sheridan Boulevard
Arvada, Colorado 80002
303/429.5850
Prepared by:
BANKS AND GESSO, LLC
720 Kipling Street, Suite 117
Lakewood, Colorado 80215
(303) 274-4277
May 2001 F ��
APPLICATION INDEX
1.0 Introduction Page
2.0 Application Form 1
3.0 Drawings 2
Vicinity Map 3
Soils, Wetlands, and Floodplain Map 3
Extraction Plan Map
Reclamation Plan Map 3
4.0 Supporting Documents
4.1 Colorado Mined Land Reclamation Board Submittal 4
4.2 Plans for Obtaining Water and Sewer 4
4.3 Noise Report 4
4.4 Soils Report 4
5.0 Operating Policies 4
6.0 Reclamation Policies 10
7.0 Other Requirements 11
7.1 Detailed Description of Mining Method
7.2 Certified List of Property Owners Within 500 Feet
7.3 Certified List of Mineral Owners and Lessees
7.4 Statement of Consistency with Weld County 11
Comprehensive Plan
7.5 Statement of Consistency with the Intent of the 12
Zone District
7.6 Statement of Adequate Provisions to Protect the 12
Health, Safety, and Welfare
7.7 Statement of Compatibility with Existing Uses
7.8 Statement of Compatibility with Future Uses
7.9 Statement Concerning Flood Plain, Geologic Hazards, 13
and the Airport Overlay District
7.10 Copy of Legal Instrument Identifying Applicant's 13
Interest in the Property
7.11 Special Review Use Questionnaire
7.12 Weld County Road Access Information Sheet 14
Appendices:
A Colorado Mined Land Board Submittal 15
B Ownership Deeds 16
C Special Use Questionnaire 21
D Road Access Information Sheet 22
E Affidavits of Ownership
Banks and Gesso, LLC
1.0 INTRODUCTION
This application is for a Use by Special Review (Mining) and has been prepared and
submitted under the provisions of the Weld County Zoning Ordinance.
The subject property consists of approximately 312 acres and is located in the West '/ of
the Southeast %, the South '14 of the Southwest %, and the entire Northeast ''% of Section
28, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado. (See
the Index Map in Section 3). The site is about 4 miles west of Platteville, on the south
side of Colorado State Highway 66, approximately halfway between Interstate 25 and
U.S. Highway 85. State Highway 66 marks the northern border of the property. Existing
zoning of the subject property and surrounding properties is agricultural.
The Applicant intends to mine the property to recover a substantial sand and gravel
reserve that is of significant commercial quality and quantity. While it is expected that all
extracted material will be processed on-site and trucked to market, some of the
aggregate produced from the mining operation may be used in an on-site concrete batch
plant. Concrete batching is not anticipated on the site in the near-term; however, the
Applicant would like to reserve the right to erect a batch plant on-site at some point in
the future. Only approximately 112-acres of the property is proposed for mining under
this application. At a production rate between 450,000 and 550,000 tons per year, Stage
One of the project will last at least approximately 18 to 22 years. This time frame is
highly dependent upon market conditions. The remainder of the property (Stage Two)
may be mined at a later date. An amendment to this application will be made at such
time that mining Stage Two becomes feasible.
The end use of Planning Area One after reclamation will primarily be for open water
bodies. Agricultural and rangeland uses may also be incorporated into reclamation
efforts. Should water storage become a feasible option, appropriate amendments to this
application will be submitted at that time. Reclamation will be sequential and run
concurrently with mining operations.
The remainder of this application package discusses the proposal in detail and
addresses all of the requirements of the Zoning Ordinance.
Nix Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company 5.WD
May y 2001 2001
1
Banks and Gesso, LLC
2.0 Application Form
Mx Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company 2 2
2 Maay001 y 2001
Banks and Gesso, LLC
3.0 Drawings
Index Map
Vicinity Map
Soils, Wetlands, and Floodplain Map
Extraction Plan Map
Reclamation Plan Map
Nix Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company May 2001
3 May 2001
Banks and Gesso, LLC
4.0 Supporting Documents
4.1 Colorado Mined Land Reclamation Board Submittal
(A copy of this separate document can be found in Appendix A.)
4.2 Plans for Water and Sewer
Potable water will be supplied to the operation by bottle water. Water demand
for operations (concrete batching, dust control, etc.) will be met by on-site
groundwater resources (dewatering ditches, stormwater flows, etc.).
Augmentation water (required by the Colorado Division of Water Resources as
part of the Temporary Substitute Supply Plan) will be supplied through one share
of water obtained from the Last Chance Ditch Company. This share will provide
383 acre-feet per year of water for use in augmentation.
Sanitation waste services for the operation will be supplied through the use of
portable toilets. The residence on the property has a septic system, which at
some time may be converted for use by the Operator, not to exceed current
design and permit limitations.
4.3 Noise Report
Noise sources at the site will be the sand and gravel processing pinat, mining
equipment, mixer trucks, and other vehicles/equipment related to the operation of
the facility. The Operator proposes to meet Colorado noise standards at the
property lines for industrial properties. Most of the noise sources will be setback
from the property lines by a significant distance.
4.4 Soils Report
The Soils, Wetlands, and Floodplain Map contained in this application present
the SCS soils data for the property. A soils summary can be found in Exhibit I of
the DMG 112 Permit in Appendix A.
Mx Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company May 2001
4 May 2001
Banks and Gesso, LLC
5.0 Operating Policies
In addition to the commitments contained in the Application to the Colorado
Division of Minerals and Geology, the Applicant commits to the following
operating policies:
5.1 Setbacks
Agreements are pending with owners of permanent man-made structures within
200' of the mining limits. As required by the Colorado Division of Minerals and
Geology, Construction Materials Rules, setbacks will be maintained a minimum
of 25 feet from buried pipelines and utilities. In accordance with Weld County
zoning regulations, mining will not occur closer than 125 feet to existing
residences located on adjacent properties.
Numerous gas and oil pipelines, pumps, and storage tanks are located on the
Nix property. There are also various pipelines, ditches and utilities along the
north and south property lines. A list of these permanent man-made structures is
included in the Colorado Mined Land Reclamation Board (CMLRB) Application,
(found in Appendix A). Regulations prescribed by the State of Colorado require
200-foot setbacks from these man-made structures unless the Applicant obtains
an agreement with the owner of the easement and/or structure that allows for a
lesser setback. The Applicant also has the option of supplying an engineer's
report stating that encroaching upon the 200' setback will not affect the stability
of the structure. The required agreements will be provided to the County Board
of Commissioners as soon as they are finalized.
5.2 Hours of Operation
The following hours are proposed for 6 days per week Monday through
Saturday:
6:00 A.M. to 10:00 P.M. for sand and gravel mining and processing
6:00 A.M. to 2:00 A.M. for maintenance and repairs
6:00 a.m. to 5:00 p.m. for truck hauling and concrete operations
The administrative/executive offices may operate 24 hours per day, 7 days per
week.
Nix Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company May 2001
5 May 2001
Banks and Gesso, LLC
An exception to the above hours will be allowed when government contracts are
obtained that require extended hours. In this case, 24 hour per day operations
will be allowed to meet such contract requirements.
5.3 Weed Control Plan
The applicant shall, as necessary, cut or trim unsightly and noxious weeds to
preserve a reasonable appearance and to prevent weeds from spreading to
adjoining properties. Supplemental weed control activities may, at any given
time, be undertaken by the landowner on portions of the property not subject to
mining.
5.4 Existing Trees and Ground Cover
Trees and groundcover existing outside of the mine limits will be maintained as
much as practicable. Any vegetation that must be removed outside of the mining
limits during mining activities shall be replaced according to the reclamation plan
described in the DMG permit, included in Appendix A. Existing trees and
groundcover located inside of the mining limits shall be removed and replaced as
per the reclamation plan.
5.5 Access
The location of the access to Weld County Road 28 is indicated on the Extraction
Plan Map.
5.6 Paving of Access Road
The entrance to the property will be paved with a typical apron. The on-site
access road from the apron to the processing plant will be chemically treated to
control dust. The designated haul route to the site is Weld County Road 28.
5.7 Fencing
There is an existing three-strand barbed wire fence along the western and
northern perimeter of the southwest portion of the property. This fence will be
maintained throughout the life of the mine.
Nix Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company 20075
.WD
May 2001 2001
6
Banks and Gesso, LLC
EXHIBIT F — RECLAMATION PLAN MAP
A map of the proposed reclamation plan can be found in the map pocket immediately
following this page.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
17
Banks and Gesso, LLC
EXHIBIT H —WILDLIFE INFORMATION
Review of wildlife data for this area does not show that any critical wildlife habitats exist
for the Nix property. A Preliminary Conservation Planning Area Summary (PCA) from the
Colorado Natural Heritage Program indicated that there may be known threatened or
endangered species of plants or animals in the general area of this proposed permit
area (see Appendix 3). However, the PCA did not show any known threatened and
endangered occurrences specifically in Section 28, the site of the Nix Property Sand and
Gravel Mine.
Savage and Savage, Inc. performed an investigation of the proposed permit area in
January of 2001. The purpose of the investigation was to assess the likelihood of
encountering jurisdictional wetlands, and potential habitat for Preble's Meadow Jumping
Mouse, Ute Ladies-Tresses Orchids, Western Burrowing Owl, and any other natural
features with potential federal regulation. Their study (found in Appendix 2) concluded
that no potential habitat for the Mouse, Orchid, or Burrowing Owl was present on the Nix
property.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
19
Banks and Gesso, LLC
EXHIBIT J —VEGETATION INFORMATION
Overview
Current agricultural activities on the proposed permit area consist of corn, onions, and
other crops.
Adjacent Land Uses and Vegetation
Areas immediately adjacent to and within approximately 200 feet of the proposed site
consist of agricultural, oil and gas production, grazing, transportation (State Highway 66
and Weld County Roads 17, 28, and 19), gravel mining, and residential uses, with their
typical associations of vegetation.
Potential Wetlands or Protected Species
A search of the Colorado Natural Heritage Program's BCD (Biological and Conservation
Datasystems) files indicated that there were no occurrences of rare, threatened, or
endangered species of plants located within the project area. A copy of the search
records can be found in Appendix 3. A field visit and asssesment report performed by
Savage and Savage, Inc. (a copy of which is contained within Appendix 2) found there to
be four possible instances of jurisdictional wetlands on the site (all in the form of
irrigation ditches). The Army Corps of Engineers has already taken jurisdiction of one of
the ditches. The Applicant will avoid all other jurisdictional wetlands that are confirmed
to be located on the site.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
23
Banks and Gesso, LLC
EXHIBIT K — CLIMATE INFORMATION
The Longmont, Colorado monthly climate summary for the period of record dated August
1, 1973 to July 31, 2000 is provided in the following:
LONGMONT 2 ESE, COLORADO (055116)
Period of Record Monthly Climate Summary
Period of Record : 8/ 1/1948 to 7/31/2000
Jan Feb Mar , Apr May Jun Jul Aug Sep -Oct Nov Deco%Annual
Average Marc 42.0 46.6 52.7 62.0 71.7 82.2 88.5 86.5 78.3 67.0 52.1 44.4 64.5
Temperature(F)
Aver•age Mtn. 11.7 16.8 23.1 31.9 42.2 50.3 55.3 53.3 44.1 32.8 22.1 14.4 33.2
Temperature.(F)
Aged -Tmtat I ., 0.40 0.38 1.10 1.70 2.48 1.76 1.13 1.26 1.24 1.35 0.67 0.47 13.93
Precipifm( n )
AY t_' 5.6 4.3 7.2 4.1 0.4 0.0 0.0 0.0 0.4 1.5 5.2 6.0 34.7
i' 1 1 0 0 0 0 0 0 0 0 0 1 0
Percent of possible observations for period of record.
Max. Temp.: 99.6% Min. Temp.: 99.6% Precipitation: 99.7% Snowfall: 97.5% Snow Depth: 91.1%
Check Station Metadata or Metadata graphics for more detail about data completeness.
Western Regional Climate Center, wrcc(W,dri.edu
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
24
Banks and Gesso, LLC
EXHIBIT L— RECLAMATION COSTS
Reclamation Costs
An estimate of the reclamation costs for all anticipated disturbed areas of the proposed
mine permit is provided in Table L.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
25
Banks and Gesso, LLC
TABLE L:
RECLAMATION COST ESTIMATE
Pit Edges and Topsoil Area
Topsoil Application (22 ac., 6 in. deep) 17,561 CY $0.40/CY $7,024
Final grading/contouring 72 ac. $200/ac. $14,400
Grass seeding/fertilizing 22 ac. $400/ac. $8,800
Direct Cost $30,224
Insurance, Performance Bond, Profit (15%) $ 4,533
Total Estimated Cost $34,757
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
26
Banks and Gesso, LLC
EXHIBIT M —OTHER PERMITS AND LICENSES
Other Permits and Licenses
Additional permits/approvals required for this project are as follows:
Weld County Use by Special Review Permit
An application for a Use By Special Review Permit is being submitted concurrently with
this CDMG 112 Permit application to Weld County, Colorado as part of the land use
permission granted to mine the Nix Property.
CDPS State Discharge Permit/Stormwater Permit
Prior to any ground-disturbing activities at the proposed permit area, a
CDPS/Stormwater Permit will be obtained from the Colorado Department of Public
Health and Environment (CDPH&E) that will account for any and all offsite discharge
and will contain a plan for control of that discharge.
Air Permits
Prior to any ground-surface disturbing activities (topsoil removal and stockpiling, access
road development, haul road construction, or material hauling) for the Nix Property, the
operator will obtain a site Fugitive Dust Permit from the CDPH&E for these activities.
This permit will be kept active during the entire life of the mine.
Road Access
The mining operation will not utilize access onto a Colorado State Highway during the
life of the mine and will not require an Access Permit from the Colorado Department of
Transportation.
State Engineers Temporary Substitute Supply Plan/Gravel Pit Permit
A Temporary Substitute Supply Plan will be submitted to the State Engineer for review
and approval prior to commencement of any mining operations on the property.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
27
Banks and Gesso, LLC
EXHIBIT P— MUNICIPALITIES WITHIN 2 MILES
Municipalities within Two Miles
The municipal boundary of the Town of Firestone is located within two miles of the
proposed permit area.
Town of Firestone
P.O. Box 100
Firestone, CO 80520
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
30
Banks and Gesso, LLC
EXHIBIT Q— PROOF OF MAILING OF NOTICES TO COUNTY
COMMISSIONERS AND SOIL CONSERVATION DISTRICT
Proof of Mailings
Proof of mailing the CDMG required notice form and a copy of the application form to the
Adams County Board of Commissioners and the local Soil Conservation District is found
in copies of the notices on the following pages.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
31
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Owens Brothers Concrete Company (the"Applicant/Operator")has applied for a Regular(112)reclamation permit
from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations
in Weld Canty. The attached information is being provided to notify you of the proposed operation. The entire application is on file with the Division of Minerals and Gro�of the location'Division")and nature
dth
local county clerk or recorder. Geology(time'Div and the
The applicant/operator proposes to reclaim the affected land to Unlined Ponds and Pastureland use. Pursuant to
Section 34-32.5-116(4)(m),C.RS.,the Board may cat with the local Board of County Commissioners before approving of
the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,
in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the
application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),CRS.
If you would hie to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 1313 Shaman Street,Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR:. You must attach a copy of the application form to this notice. If this is a notice of a
changepreviously filed application you must either attach a copy of the changes,a attach a complete and accurate description
of
change.
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
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Postage $U.A S Set^t�7
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l.L.. ....S4- Po 0r)c 751
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
PLATTE VALLEY SOIL CONS. DISTRICT
Owens Brothers Concrete Company (the"Applicant/Operator")has applied for a Regular(112)reclamation permit
from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construe iae•materials operations
in Weld County. The attached information is being provided to notify you of the location
and nature of the proposed operation. The entice application is on file with the Division of Minerals and Geology(the"Division")
and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to Unlined Ponds and Pastureland use. Pursuant to
Section 34-32.5-116(4Xm), C.RS.,the Board may confer with the local Soil Conservation Districts before approving of the
post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in
order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description
of the change. pti
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
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Banks and Gesso, LLC
EXHIBIT R— PROOF OF FILING WITH COUNTY CLERK AND RECORDER
Proof of Filing with County Clerk and Recorder
Proof of filing the application for public inspection with the Weld County Clerk and
Recorder can be found following this page.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
32
To ?He-BOW)
AFFIDAVIT FROM CLERK-&-RECORDER
This will acknowledge receipt of the Mined Land Reclamation Board Application
for a Construction Materials 112 Regular Permit for the Nix Sand and Gravel
Mine project.
This document is on file in the office of the Weld County Clerk to the Board, 915
10th Street, 3rd Floor, Greeley, Colorado, 80631, for public inspection beginning
May 2001.
Dated this May±, 2001.
(County Seal) t�= Else G a
,r1 Weld County Clerk & Recorder
`hest 1+ *-_ _ , to the, &rc
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Banks and Gesso, LLC
EXHIBIT S - PERMANENT MAN-MADE STRUCTURES
The Applicant is contacting all owners of man-made structures within 200 feet of the
affected area for the Nix Sand and Gravel Pit. The Applicant will in each case offer to
repair damage to structures resulting from mining activities and will attempt to reach an
Agreement with each structure owner, as preferred under Colorado Division of Minerals
and Geology Construction Materials Rules. In the even that an agreement can not be
reached, the Applicant will maintain a 200' mining setback from these structures until
such time an agreement is reached.
Permanent Man-Made Structures
Permanent man-made structures within two-hundred feet of the affected land of the
proposed permit area for this application are shown on Exhibit C, the Pre-Mine and Mine
Plan Map.
Permanent man-made structures within two-hundred feet of the affected land and on the
affected land include:
Structures Owners
Residence and related structures Jessie P. Cogburn
Residence and related structures Tracy L. Johnson
Residence and related structures Kevin D. and Heather M. Willard
Buried fiber optic cable US West
Telephone lines US West
Water line Central Weld County Water
District
Overhead power lines United Power
Oil and Gas pipelines Patina Oil
Duke Energy
HS Resources
State Highway 66 CDOT
Weld County Road 17 Weld County
Weld County Road 28 Weld County
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
33
Banks and Gesso, LLC
Appendix 1:
List of Well Owners within 600' of Affected Land
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
34
Water Well Owners Within 600 Feet of Mining Limits
1. Ralph Nix Produce
16959 Weld County Road 44
Gilcrest, CO 80623
Permit No. 200374
2. Walter Mayer
9704 State Highway 66
Platteville, CO 80651
Permit No. 15750R
3. Mayer Family Farms, LLC
9704 State Highway 66
Platteville, CO 80651
Permit No. 157550RR
4. Pasquale & Jacqueline N. Varra
Sand Land, Inc.
12910 Weld County Road 13
Longmont, CO 80504
Permit No. 41245
5. Ralph Nix Produce, Inc.
19480 U.S. Highway 85
Gilcrest, CO 80623
Permit No. 45973
Banks and Gesso, LLC
Appendix 2:
Report on Wetlands, Utes Ladies-Tresses, and
the Preble's Meadow Jumping Mouse
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
35
)
Savage and Savage
practical solutions for environmental problems
464 West Sumac Court 303 666-7372 telephone
Louisville,Colorado 80027-2227 303 665-6808 facsimile
January 12, 2001
Alex P. Schatz
Banks and Gesso,LLC
720 Kipling Street, Suite 117
Lakewood, Colorado 80215
Re: Preliminary Investigation of Nix Property, Weld County, Colorado
Dear Mr. Schatz:
On January 9, 2001, Savage and Savage conducted a preliminary site investigation of the
Nix property that may be developed for mineral extraction. The purpose of the site
investigation was to assess the likelihood of encountering jurisdictional wetlands, and
potential habitat for Preble's meadow jumping mice (Zapus hudsonius preblei), Ute
ladies-tresses orchids (Spiranthes diluvialis), and western burrowing owls (Athene
cunicularia).
The site investigation consisted of a pedestrian and vehicle inspection of approximately
400 acres located within the E '/2 and S '/1 of the SW ''A of Section 28, Township 3 North,
Range 67 West of the Sixth Prime Meridian, Weld County, Colorado. The property is
bounded on the north by State Highway 66, east by Weld County Road 19, south by
Weld County Road 28, and bounded on the west by Weld County Road 17 and a fence
line (see General Location Map). Currently, the property has several ongoing land uses
including agriculture (corn and onions), oil and gas production, and residential. Adjacent
land uses include sand and gravel extraction, oil and gas production, agriculture, grazing,
and residentiaL Findings of the preliminary site investigation are detailed below. The
general location of any species of special concern potential habitat and potential
jurisdictional wetlands are depicted on the attached map.
Waters of the United States
Waters of the United States, regulated by the U.S. Army Corps of Engineers (Corps), are
all waters which were, are, or could be used in interstate commerce; and in Colorado
include (but are not limited to) rivers, streams, ponds, sloughs, and wetlands. There are
four irrigation ditches that are remnants of natural surface drainages on the Nix property.
Three of the irrigation ditches are located within the NE '/, of Section 28 and will be
described from west to east. The first and second irrigation ditches form an L shape
bordering the northwest boundary of the site. The third irrigation ditch runs south to
north approximately 750' west of the east edge of the property. The fourth irrigation
}
Alex P. Schatz
January 12,2001
page 2
ditch runs from south to north and generally bisects the southwest arm of the property.
The irrigation ditches described above fall under the jurisdiction of the Corps. The Corps
takes jurisdiction over irrigation ditches that are remnants of natural surface drainage
patterns in the area. We know from prior experience on adjacent Varra property that the
Corps elects to take jurisdiction over such conveyances. Remaining small roadside
ditches and concrete ditches serving irrigation on the site do not fall under Corps
jurisdiction.
Jurisdictional Wetlands
Regulated jurisdictional wetlands encountered in Colorado include submergent,
emergent, wet meadows, slows, surface water drainage ditches, bogs, and potholes.
Jurisdictional wetlands are likely present within the four irrigation ditches described
above as waters of the United States.
Preble's Meadow Jumping Mouse Habitat
The Preble's meadow jumping mouse (Zapus hudsonius preblei) is a federally listed
threatened species which generally occurs near wetlands and water bodies. Currently,the
U.S. Fish and Wildlife Service (USFWS) and Corps of Engineers are requiring habitat
assessment and/or live-trapping surveys for all projects in potential Preble's habitat. The
property was evaluated for potential Preble's habitat, based on the current USFWS
guidelines. No potential Preble's critical habitat was observed on the Nix property.
Ute Ladies-tresses Orchid Habitat
The Ute ladies-tresses orchid (Spiranthes diluvialis) is a federally listed threatened plant
species characteristically found in wet meadows and alluvial flood plains below 6500 feet
in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah. Habitat
assessments and/or pedestrian surveys during the blooming period are required for sites
within the South Platte River 100 year floodplain and in characteristic habitat which
includes areas with a seasonally high water table, wet meadows, stream channels,
floodplains, areas with vegetation in the facultative wet or obligate classification, and
jurisdictional wetlands. No potential critical orchid habitat was identified within the Nix
property.
Western Burrowing Owl Habitat
The State of Colorado lists the western burrowing owl (Athena cunicularia) as a
threatened species of special concern. While the burrowing owl does not fall under the
protections of the federal Endangered Species Act, it is protected under the federal
Migratory Bird Act and State of Colorado statutes that prohibit the killing of this species.
) 1
Alex P. Schatz
January 12, 2001
page 3
If the owl is identified, mitigation or avoidance measures may be required. The western
burrowing owl is a summer migratory resident of Colorado, found primarily in grasslands
and mountain parks, usually in or near black-tailed prairie dog or Richardson's ground
squirrel colonies. The owls may also use well-drained steppes, deserts, prairies, and
agricultural lands. No burrowing owl habitat was observed on the Nix property during
our site investigation.
Discussion and Recommendations
Waters of the United States and potential jurisdictional wetlands are located within four
irrigation ditches on the Nix property. Characteristic potential habitat for the Ute ladies-
tresses orchid, Preble's meadow jumping mouse, and western burrowing owl are not
present on the site.
Waters of the United States are present within the Nix property. If development
envisions impacting any of the four ditches described as jurisdictional, a jurisdictional
wetland delineation should be undertaken to characterize the waters of the United States
and corresponding jurisdictional wetlands and establish areal extent. Impacts requiring a
permit from the Corps include (but are not limited to) outfalls, riprap placement,
reconfiguration and relocation of the ditches, trenching across the ditches for line
installation, and installation of culverts or bridge structures.
If I can provide additional information or clarification regarding the preliminary
investigation,please call me at your convenience.
Sincerely,
(Alit
Edith Savage
President
Enclosure: General Location and Features Map
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Appendix 3:
Colorado Natural Heritage Program File Search
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
36
Colon
Un vetry
December 14,2000 Colorado Natural Heritage Program
College of Natural Resources
254 General Services
Fort Collins.Colorado 80523-6021
Ross Bjerke (970)491-1309
Banks&Gesso, LLC FAX:(970)4914349
www.enhp.colostate.edu
720 Kipling Street, Suite 117
Lakewood,CO 80215
Dear Mr. Bjerke:
The Colorado Natural Heritage Program (CNHP) is in receipt of your request for information regarding a
reclamation project. In response, CNHP has searched its Biological and Conservation Datasystem
(BCD)for natural heritage resources(occurrences of significant natural communities and rare,threatened
or endangered plants and animals)documented from the area of T3N R67W Section 28 in Welsd County,
Colorado.
The enclosed report describes natural heritage resources known from the area and gives location(by
Township,Range,and Section), precision of the locational information,and the date of last observation at
that location. Please note that"precision" reflects the resolution of original data. For example,an
herbarium record from"4 miles east of Colorado Springs"provides much less spatial information than a
topographic map showing the exact location of the occurrence. "Precision"codes of Seconds, Minutes,
and General are defined in the report footer.
The report also outlines the status of the known elements. We have included status according to Natural
Heritage Program methodology and legal status under state and federal statutes. Natural Heritage ranks
are standardized across the Heritage Program network, and are assigned for global and state levels of
rarity. They range from"1"for critically imperiled or extremely rare elements,to"5" for those that are
demonstrably secure.
The Colorado Division of Wildlife has legal authority over wildlife in the state. CDOW would therefore
be responsible for the evaluation of and final decisions regarding any potential effects a proposed project
may have on wildlife. If you would like more specific information regarding these or other vertebrate
species in the vicinity of the area of interest,please contact the Colorado Division of Wildlife.
The information contained herein represents the results of a search of Colorado Natural Heritage
Program's(CNHP)Biological and Conservation Data System (BCD). However,the absence of data for a
particular area,species or habitat does not necessarily mean that these natural heritage resources do not
occur on or adjacent to the project site, rather that our files do not currently contain information to
document their presence.
The information provided can be used as a flag to anticipate possible impacts or to identify areas of
interest. If impacts to wildlife habitat are possible,these data should not be considered a substitute for on-
the-ground biological surveys.
�y`a`}tentage
-2 -
6. Name of owner of subsurface rights of affected land: Refer to Exhibit"0"
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: Refer to Exhibit "0"
7.1 Names of the holders of any recorded easements on the affected land: UUS Resources, Patina Oil and Gas,
Duke Energy
8. Type of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: We 1 d
PRINCIPAL MERIDIAN(check one): 6 6th(Colorado) 10th(New Mexico) Ute
SECTION(write number): S 28
TOWNSHIP(write number and check direction): T� X North South
RANGE(write number and check direction): R 67 East X West
QUARLER/SECTION(check one): NE NW X SE SW
QUARTER/QUARTER SECTION(check one): NE X NW SE SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Approximately 4 miles west of Platteville; elevation approximately 4800'
10. Primary future(Post-mining)land use(check one):
Cropland(CR) _ Pastureland(PL) X General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL)
_ Residential(RS) Recreation(RC) Industrial/Commercial(IC)
_ Developed Water Resources(WR) Solid Waste Disposal(WD)
11. Primary present land use(check one):
Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL)
_ Residential(RS) _ Recreation(RC) IndustriaYCommercial(IC)
Developed Water Resources(WR)
12. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Dozer, trackhoe, front-end loader,
and scrapers loading onto conveyor or off-road haul truck for transport to plant site.
13. On Site Processing: X Crushing/Screening
13.1 Briefly explain on-site processing: Raw material will be crushed and sorted using crushers
and screens and stockpiled prior to sales.
13.2 List any designated chemicals or acid-producing materials to be used or stored within permit area: None anticipated.
14. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Bill Owens or Janet Owens White Title:
Company Name: Owens Brothers Concrete Company
Street: 5550 Sheridan Boulevard
City: Arvada
State: Colorado Zip Code: 80002
Telephone Number: (303 1_ 429-5850
Fax Number: (303 )- 429-5916
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Paul G. Gesso Title: Principal
Company Name: Banks and Gesso, LLC
Street: 720 Kipling St. , Suite 117
City: Lakewood,
State:' Colorado Zip Code: 80215
Telephone Number: ( 303 )- 274-4277
Fax Number: ( 3031- 274-8329
INSPECTION CONTACT
Contact's Name: Janet Owens White Title:
Company Name: Owens Brothers Concrete Company
Street: 5550 Sheridan Boulevard
City: Arvada
State: Colorado Zip Code: 30002
Telephone Number: ( 303 )_ 429-5350
Fax Number: ( 303 429-5916
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
t-
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
N/A
Maps and Exhibits:
Five(5)complete,unbound application packages must be submitted. One complete application package consists of a signed application form
and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within
the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease
of reference. If separate documents are used as appendices,please reference these by name in the exhibit.
With each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following
references to Rule 6.4,6.5,and 1.6.2(1)(b):
•
EXHIBIT A Legal Description
EXHIBIT B. Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands to include the location of any recorded easements
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter,to include holders of any recorded easements
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to include
holders of any recorded easements
EXHIBIT P Municipalities Within Two Miles
EXHIBIT.Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Fxhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule
1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required or would
like to schedule a pit-application meeting you may contact the Office at 303-866-3567.
- 5 -
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore,
there are a number of important requirements which you, as a permittee, should fully understand. These requirements
are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand
your obligations. If you do not understand these obligations then please contact this Office for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You
assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the
affected lands associated with your mining operation in the event your permit is revoked and financial
warranty is forfeited;
b/r 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the
permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations,
or that information contained in the application or your permit misrepresent important material facts;
k3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your
approved application requires you to submit a permit modification and obtain approval from the Board
or Office;
fi lV 5. It is your responsibility to notify the Office of any changes in your address or phone number;
/if g.° 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the
entrance of the mine site, which shall be clearly visible from the access road, with the following
information(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado lvfmed
Land Reclamation Board; and,
c. the permit number.
116 7. The boundaries of the permit boundary area must be marked by monuments or other markers
that are clearly visible and adequate to delineate such boundaries prior to site disturbance.
PICOw 8. It is a provision of this permit that the operations will be conducted in accordance with the terms
and conditions listed in your application, as well as with the provisions of the Act and the Construction
Material Rules and Regulations in effect at the time the permit is issued.
r
- 6
-- pcd 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified
by Statute, and an annual report which includes a map describing the acreage affected and the acreage
reclaimed to date (if there are changes from the previous year), any monitoring required by the
Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees
are for the previous year a permit is held. For example, a permit with the anniversary date of July 1,
1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your
annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your
permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue
to pay your annual fee to the Office until the Board releases you from your total reclamation
responsibility.
I10. For joint venture/partnership operators: the signing representative is authorized to sign this
document and a power of attorney (provided by the partner(s)) authorizing the signature of the
representative is attached to this application.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office.
Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision
date so that you will know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public
comment period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,
you may contact the Office at (303) 866-3567.
Certification:
As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements
of the following terms and conditions:
1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this
application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4)(f),
C.R.S.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section
34-32.5-120, C.R.S.) as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements made
herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S.
Signed and dated this 3 day of — , 2,06
(Mae RS sr-Cet. t a re - Ln . If Corporation Attest(Seal)
Applicant/Operator o Company e
Signed: Signed:
Corporate Secrets..." or Equivalent
��Tide:�P� ( Town/City/County Cleric
State of Colorado
Adams )ss
County of )
The foregoing instrument was acknowledged before me this 3rd day of May, 2001
by Mike E. Owens as President of Owens Bros Concrete CO
John L. Owens Corp . Secretary Owens Bros Concrete CO
A-c N . 6Leidte
E.. TTf H. GIWS Notary PublicBet y H. Gillis
L
NOTARY PUBLIC
PTE OF COLORADO My Commission expires:
My Commission Expires 10127/2001
SIGNATURES MUST BE IN BLUE INK
Banks and Gesso, LLC
INTRODUCTION
This document presents an application for a State of Colorado, Division of Minerals and
Geology, Colorado Mined Land Reclamation Board (CMLRB) Construction Materials
Regular 112 Operation Reclamation Permit.
The Applicant, Owens Brothers Concrete Company, is applying for this Permit to mine
sand and gravel from the proposed Nix property site, located in unincorporated Weld
County. The property consists of approximately 312 acres in the South 1/2 of the
Southwest '/, the West 1/2 of the Southeast /, and the entire Northeast '/. of Section 28,
Township 3 North, Range 67 West of the 6'" PM. The site is located on the north side of
Weld County Road 28, approximately halfway between Interstate 25 and U.S. Highway
85.
The property is currently comprised of corn, onions, and other crops. There are several
oil and gas structures located on the site. Currently, Ralph Nix Produce, Inc. owns the
surface property and sand and gravel rights.
The sand and gravel produced from the site will be trucked to market by Owens Brothers
Concrete Company and independent haulers. Under proposed expected production
rates of between 450,000 and 550,000 tons per year, the life of the operation is
expected to be approximately 14 to 18 years. The actual time frame for the life of the
operation is highly dependent on market conditions.
Land uses immediately surrounding the site include limited residences, agricultural
lands, and one sand and gravel mine with a concrete batch plant to the north. Weld
County Road 17 borders part of the western end of the site. The Varra Sand and Gravel
Pit makes up the remainder of the western boundary. Weld County Road 28 runs the
entire length of the south end of the property. Neighboring farm lands and a sand and
gravel mine border the north of the project site. An upland area used as irrigated
cropland makes up a portion of the eastern boundary, with Weld County Road 19
making up the remainder.
r
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
1
Banks and Gesso, LLC
The final reclamation for the permit site will be land used primarily as open bodies of
water. Agricultural and rangeland uses may also be incorporated into reclamation
efforts.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
2
Banks and Gesso, LLC
EXHIBIT A— LEGAL DESCRIPTION
Legal Description
A legal description for the property to be affected by the proposed mining area is
described as follows:
The affected land can be described as lying within the South 'A of the Southwest '/, the
West '/z of the Southeast Y, and the entire NE '/ of Section 28, Township 3 North,
Range 67 West of the 6th Prime Meridian, as shown on Exhibit B, Index Map.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
3
Banks and Gesso, LLC
EXHIBIT B— INDEX MAP
Index Map
The location of the proposed mining permit is provided in Exhibit B, Index Map.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
4
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II II Banks & Gesso, LLC Exhibit B:Index Map
--^ ing 720 Kipling, Suite 117 Owens Brothers Concrete Company
Lakewood, CO 80215 Nix Property
banksandgesso.com
4/24/01 20015
Banks and Gesso, LLC
EXHIBIT C — PRE-MINING AND MINING PLAN MAP OF AFFECTED LAND
Pre-mining and Mining Plan Maps
The maps listed below can be found in the map pockets following this page:
Exhibit C-1, Man-Made Features
Exhibit C-2, Natural Features
Exhibit C-3, Mining Plan
Names and addresses of adjacent property owners are shown and listed on Exhibit C-1.
Permanent man-made structures within 200 feet of the affected area are shown on
Exhibit C-1 and discussed in Exhibit S. Pre-mining conditions are also discussed in
Exhibit J, Vegetation Information.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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Banks and Gesso, LLC
EXHIBIT D — MINING PLAN
Overview
Owens Brothers Concrete Company proposes to excavate approximately 6.6 million
cubic yards (9.9 million tons) of sand and gravel from the Nix Property. The excavation
operation will begin upon approval of all permits, probably in late 2001, and will last for at
least 18 to 22 years under the expected mining rates between 450,000 and 550,000 tons
per year. The actual length of the operation is dependant on market conditions.
The Applicant proposes to develop the site as a sand and gravel mining and processing
operation. The ancillary and compatible use of concrete production may occur on-site
as well, but is not anticipated at any point in the near-term future. Only approximately
112 acres of the total permit area acreage of 312 acres is proposed for mining under this
permit (see Exhibit C-3, Mining Plan Map). An amendment to this permit will be applied
for when the Applicant desires to mine the remainder of the property at some point in the
future. Because of the size of the aggregate deposit and the anticipated mining rate, it
would not be practical to specifically plan the entire site at this time. Reserves will be
dry-mined. The aggregate processing plant and other related facilities will be located in
the southeast area of the property.
The post-mining land use of the property is envisioned to be unlined, open bodies of
water. The Reclamation Plan assumes the cost for restoration of the mining area as
open water bodies. All other areas will be reclaimed as natural pastureland for grazing
livestock. Reclamation is discussed in greater detail in Exhibit F, Reclamation Plan.
Mining Methods — Rule 6.4.4 (a)
The Applicant proposes to dry-mine the property. Initial mining will occur in the
southeast corner of the property, beginning with Area 1, and initially progress west and
then north toward the mining limits. To minimize groundwater impacts on the adjoining
properties, the Applicant will dewater the future basin areas throughout the course of
mining operations.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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Banks and Gesso, LLC
Initial mining operations will include stripping; excavation of the dewatering trenches,
sedimentation pond and sump areas; and developing the process water ponds. After
the topsoil and overburden has been stripped, raw material will be excavated utilizing
front-end loaders. Material may be loaded on a field conveyor in the mining area and
conveyed back to the processing plant. Some materials may be excavated with
scrapers or loaded into off-road haul trucks for transport to the plant site. Material may
also be pushed up with a bulldozer for handling by front-end loaders.
Earthmovinq Operations— Rule 6.4.4 (b)
Earthmoving operations will begin with the grubbing of agricultural vegetation. Stripped
topsoil and grubbed agricultural vegetation will initially be stored in stockpiles for later
use in reclamation. Visual screening berms will be selectively constructed on the
perimeter of the property and will be planted with temporary seed mixes identified in
Exhibit E. During subsequent stripping operations, overburden from one area may be
placed directly, to near final grade, in other areas being concurrently reclaimed.
An average depth of approximately 7' of overburden exists over the entire area proposed
of mining. This is underlain by an average of approximately 40' of sand and gravel.
Thus the total depth of excavation throughout the property will be approximately 47 feet.
Water Diversions and Impoundments— Rule 6.4.4 (c)
Stormwater from all areas of surface disturbance will be directed by grading and shallow
ditches toward the mine's dewatering systems. A CDPS permit will be obtained from the
Colorado Department of Public Health and Environment for the dewatering operations.
Aggregate processing water will be separate from the de-watering and stormwater
systems. With evaporation and product moisture losses, there should be no need to
discharge processing water. Moreover, some de-watering discharges will be diverted
back to the processing water system. During mining operations the silt ponds will be
located in the southeastern portion of the property adjacent to the plant area. The ponds
will be maintained below existing grades so that any precipitation will be retained in this
area.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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As initial excavation approaches the mining limits, de-watering quantities will be quite
high. However, once the first areas along the perimeter are mined and reclamation
proceeds, the quantity of groundwater pumped should stabilize or begin to decrease.
The Applicant has obtained one share of water from the Last Chance Ditch Company,
which will deliver 383 acre-feet of water for use in augmentation. These rights will
account for losses in the aggregate processing operations.
Phasing Schedule for Mining and Reclamation Operations — Rule 6.4.4 (d), (e)
The mining and the start of reclamation operations anticipated by the Applicant,
dependant on market demand are summarized below:
-ee4a; r '& ip F e q`'ts fly' +" h` "fu
`.. :c . ,::.
ett Year :toning 7R ! 1eg
1 1-5.5 1 28.4 1
2 5.5-10 2 22.4 1,2
3 10-15.5 3 24.1 1,2,3
4 15.5-16.5 4 1,2,3,4
5 16.5-22 5 33.4 1,2,3,4,5
The mining, plant operations, and reclamation activities for each phase are described in
the sections below.
Phase 1
The Applicant will erect the initial aggregate processing plant, maintenance and office
facilities, and the scale office, as located on Exhibit C-3. This will involve stripping of
topsoil and overburden from the plant site area prior to erecting the processing
equipment. The aggregate plant will be erected on the site in late 2001 or early 2002.
Topsoil and overburden stripped from the plant area and within Area 1 mining limits will
be stockpiled for later use in reclamation.
Initial mining will begin in Area 1 and will create the ponds for use as process water and
fresh water ponds. Materials will be stockpiled for later processing. Stripping of other
portions in Area 1 will allow for the excavation of de-watering ditches, sediment and
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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sump areas, and setting the pumping systems. Underground powerlines will be
constructed to provide power for the electric de-watering pumps and plant equipment.
Subsequent mining of Area 1 will progress westward toward Area 2. Mining with a near
vertical face (1:1) will occur in all areas. As soon as each area has reached its mining
limits, reclamation of the pit edges will begin. This will allow concurrent backfilling of the
perimeter with overburden being stripped from other mining areas. Approximately 2.3
million tons of sand and gravel will be extracted during Phase 1 operations. Phase 1 is
expected to last 4 to 5.5 years.
Phase 2
Once all materials have been extracted from Area 1, mining will continue into Area 2.
Area 2 will also be stripped of vegetation, topsoil, and overburden. Topsoil will be
stockpiled for later use in reclamation. Overburden may be placed directly in Phase 1
areas that are being concurrently backfilled and reclaimed. Dewatering facilities will also
be extended into Area 2 at this time. Mining in Area 2 will proceed westward towards
Phase 3 areas and will see the removal of approximately 1.9 million tons of sand and
gravel. This phase is expected to last an additional 3.5 to 4.5 years.
Phase 3
As in previous phases, topsoil, vegetation, and overburden will be stripped from Area 4
prior to mining. Topsoil will be separated and stockpiled for later use in reclamation.
Overburden may be placed directly as slope backfill in previously mined areas as
reclamation occurs concurrently with continued mining of the property. Mining in Phase
3 will proceed in a westerly direction toward Weld County Road 17. Once mining limits
in Area 3 have been reached, mining will commence in Area 4. Phase 3 is expected to
last approximately 4.5 to 5.5 additional years and produce approximately 2.5 million tons
of sand and gravel.
Phase 4
Topsoil, vegetation, and overburden will be stripped from Area 4 before the
commencement of mining takes place. Topsoil will continue to be stockpiled for
subsequent use in reclamation and overburden will continue to be placed directly onto
previously mined areas as slope backfill in support of reclamation efforts. Mining in
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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Phase 4 will proceed in westerly direction towards Weld County Road 17 until mining
limits are reached. Once Mine Area 4 limits have been reached, mining will begin in
Area 5, located immediately north of the plant site. Phase 4 is anticipated to last one
additional year and produce approximately 448,000 tons of sand and gravel.
Phase 5
As in all previous phases, topsoil, vegetation, and overburden will be stripped from Area
5 before the commencement of mining takes place. Topsoil will continue to be
stockpiled for subsequent use in reclamation and overburden will continue to be placed
directly onto previously mined areas as slope backfill in support of reclamation efforts.
Mining in Phase 5 will proceed in northerly direction until mining limits have been
reached in Mine Area 5. Approximately 2.8 million tons of sand and gravel is expected
to be produced during Phase 5 mining operations and the phase will last 5 to 6.5
additional years.
It is anticipated that two pipelines may be relocated to facilitate more complete mining of
the Nix site. Moving of the pipelines would allow for mining in other areas not currently
planned for extraction within the site, thus freeing up more material for reclamation
purposes. An application for amendment to this permit will be submitted if and when
these pipelines may be relocated and other areas mined.
Further, sometime during Phase 5 operations, the Applicant may submit applications to
amend this permit to allow for mining in the remainder of the property (NE '/ of Section
28). Due to significant length of time until Phase 5 operations are completed and the
difficulty to predict market conditions so far in advance, this permit will cover only the
areas outlined herein and depicted on Exhibit C-3, Mining Plan Map.
Description of Overburden, Deposit and Underlying Stratum — Rule 6.4.4 (f)
Based on the exploratory boreholes, the thickness of topsoil and overburden ranges
from four to fifteen feet, averaging approximately seven feet in depth. Based on the
number of vegetable and other agricultural crops grown in surrounding areas, the
topsoils are believed to be very fertile for reclamation efforts.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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The alluvial deposit to be mined varies in thickness from twenty-eight to forty-nine feet,
averaging approximately 47 feet in depth. It varies from fine sand and gravels in the
upper zones, to coarse sand and larger cobbles near bedrock. The gravel typically
found in this area has a reputation for being processed into high-quality concrete
aggregates, asphalt aggregates, and other construction materials.
The underlying strata on the property is a stiff, sandy clay which overlays a clayey,
weathered sandstone bedrock.
Primary and Secondary Commodities — Rule 6.4.4 (g)
The primary commodity to be extracted is alluvial sand and gravel. It will be processed
and sold as construction aggregate. Some sand and gravel may at some point be used
in on-site concrete batching operations. Any topsoil and overburden materials in excess
of what is required for reclamation may be sold as a secondary commodity.
Incidental Products — Rule 6.4.4 (h)
It is not anticipated that any there will be any incidental products as a result of this
proposed operation.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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EXHIBIT E — RECLAMATION PLAN
The primary post-mining iand use for the Nix Property Sand and Gravel Mine permit
area will be open water bodies. Post-mining use of the property as unlined, open bodies
of water is consistent with floodplain constraints. Reclamation using native grasses in
shorelines and non-water storage areas is assumed for the purposes of Division of
Minerals and Geology bonding. The Reclamation Plan assumes the cost for restoration
of the mining area as unlined ponds and agricultural or rangeland uses. The overall
reclamation plan is described in detail below.
Reclamation Process
Land disturbance on the permit area will begin with grubbing of vegetation and removal
and stockpiling of topsoil prior to mining. Total disturbed areas (the affected area),
including potential wetland mitigation areas, can be seen on Exhibit C-3, Mining Plan
Map. Topsoil will be utilized for future surface reclamation as a plant-growth medium in
areas not permanently covered by water.
Topsoil Segregation, Preservation, and Replacement
Temporary berms containing stockpiled topsoils will act as visual screening for the life of
the mine and are strategically located on the permit site to facilitate easy access for
reclamation. Temporary revegetation of topsoil stockpiles will occur if a stockpile is left
undisturbed for more than one growing season and will be maintained until the topsoil is
reused in the reclamation process.
Final Grades
Approximately 4 million tons of material is needed to backfill the slopes of the mined
areas. Backfill will be at a 3:1 slope to approximately 10 feet below proposed water
level. From this point downward to the pit floor, slopes will be constructed at a 2:1 ratio.
Including topsoil thickness of approximately six inches, overburden depth averages
approximately 7 ft. over the 108-acre area to be stripped and excavated. The pre-mining
process will salvage approximately 1.8 million tons of overburden and topsoil during the
mining process. Using a ten-percent waste factor, approximately 994,000 tons of
settling fines will also be available for use in reclamation. The Applicant will need to
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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import approximately 1.2 million tons of clean fill material to satisfy reclamation efforts
under the current plan.
It is anticipated that two pipelines will be relocated to facilitate more complete mining of
the Nix site. The relocation of these two pipelines would reduce the amount of backfill
needed by approximately 435,000 tons and increase the amount overburden available
for reclamation by approximately 135,000 tons. Moving of the pipelines would also allow
for mining in other areas not currently planned for extraction within the site, thus freeing
up more material for reclamation purposes. As indicated earlier, application for
amendment to this permit will be submitted if and when these pipelines may be relocated
and other areas mined.
Post-mining topsoil application will consist of approximately six inches and cover all
areas of disturbance not permanently covered by water. The acreage of disturbed areas
requiring topsoil equals approximately 22 acres (approximately 22,225 linear feet of
shoreline, covered 18 feet down pit slopes, plus other areas of backfill). The quantity of
topsoil required as plant-growth medium for the surface, at a depth of 6 inches, will be
approximately 26,300 tons. Exhibit F, the Reclamation Plan Map, shows the typical
slopes that will be created by final reclamation of the mining site.
Topsoil will be spread evenly over all exposed and disturbed areas for plant-growth
medium. The required amount of topsoil to be used as plant-growth medium will always
be maintained on-site to ensure proper reclamation. Typical topsoil berm locations can
be seen on the Exhibit C-3, Mining Plan Map.
Topsoil stockpiles will be temporarily revegetated for protection from disturbances
associated with the mining operation and from wind and water erosion, compaction, and
other disturbances that would reduce its capability to support permanent vegetation.
The stockpiles will be broadcast seeded with a temporary cover when they will remain in
place for more than one growing season and will be constructed with a maximum 2:1
slope.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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The backfill component of reclamation and establishing the proper slopes, will be
concurrent with mining. Backfilling will begin once the near vertical pit slopes of the
outer mining limits within each mining area are reached. Backfilling of areas will employ
the use of settling fines from processing of on-site materials, as well as overburden
materials. Exhibit F, the Reclamation Plan Map, shows backfilled areas.
Topsoil Placement
After final grading operations are complete, approximately 6 inches of topsoil will be
placed on all disturbed areas not permanently underwater. Contour furrows will be
established on the slopes to reduce erosion and encourage stable plant growth. Topsoil
will be smoothed along the shorelines and furrowed as seedbed preparation for
successful seeding and growth of native grasses. Discing of the topsoil may be required
due to compaction while in storage. This will be performed prior to seeding, if
necessary.
Reveaetation
-- All surface areas disturbed by mining activities will be topsoiled and drill-seeded for final
reclamation with the seed mixes shown in Tables E-1. These two seed mixes have
been developed based on recent correspondence with the United States Department of
Agriculture (USDA), who identified these mixes for use on a similar site near this
proposed permit area. The seed mix specified in Table E-2 is for use on topsoil storage
berms and other areas requiring a rapidly growing seed mix.
Maintenance
Mowing will be performed for at least two years after seeding to help establish
regenerating stands of grasses and to control weed infestation. Seeded areas will be
mulched with a straw or hay mulch, as needed. Fertilizer will be applied to areas of the
site where poor nutrient availability is indicated by a failure of seed to become
established.
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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Table E-1
Seed Mix- Permanent Mix for All Disturbed Areas
•
SPECIES VARIETY ' PLS2 PERCENT (%)
LEMAC OF MIX �<<
Sand Bluestem ' Elida. Woodward, Garden + 8 20
(Andropogon hallii)
Prairie Sandreed Goshen 4 20
(Calamovilla longifolia)
Switchgrass Grenville, NE 78, Blackwell 4 I 20
(Panicum virgatum)
Indian Ricegrass 5 10
(Oryzopsis hymenoides) •
Needle and Thread 1.7 5
(Stipa comata)
Slender Wheatgrass 1 5
(Agropyron trachycaulum)
Western Wheatgrass [ Arriba, Barton, Hosana 20 20
(Agropyron smithir)
NOTES:
'Availability may dictate the need for substitution or omission.
2 Pure Live Seed pounds per acre; rates shown are for drill seeding.
Double rates for broadcast seeding.
3 Percent of mix calculated on a seeds-per-square-foot basis.
` All substitutions shall be approved by the land planner (Banks and
Gesso, LLC; 303/274.4277).
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
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Banks and Gesso, LLC
Table E-2
Seed Mix— Temporary Cover
COMMON NAME SEEDING x ��
GRASSES VARIETY RATE IN PLS2
7. LB!AC
Thickspike Wheatgrass Critana 3.0
Streambank Wheatgrass Sodar 3.0
Western Wheatgrass Arriba 3.0
Slender Wheatgrass Premier, San Luis 3.0
Creeping Red Fescue Dawson 1 1.0
'Variety unnamed native unless specified.
2 Pure Live Seed pounds per acre.
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5.8 Topsoil Salvage
There is more than adequate topsoil on site to fully reclaim the site. The topsoil
that will be salvaged for reclamation will be stockpiled along the southern and
northern property boundaries. Adequate seeding will be applied to prevent wind
and water erosion. The locations for topsoil stockpiles will also act as a noise
barrier and visual berm for adjacent properties.
5.9 Processing Equipment
The processing equipment will be located in the southeast area of the site. This
site was specifically chosen to provide continuous access for oil and gas
operations and to avoid conflicts with concurrent reclamation activities proposed
for this project. Locating the plant area next to an existing cut in topography will
also help to minimize noise and visual impacts for nearby residences. All
reasonable efforts will be made to provide maximum protection from visual and
noise impacts.
5.10 Additional Operation Policies
1. All operations on the subject property shall be in conformance with the Weld
County Flood Regulations. A separate flood hazard development permit is
being applied for in conjunction with this application.
A— No fill, berms, or stockpiles shall be placed in the one hundred year flood
plain of the Saint Vrain Creek obstructing the conveyance of flood flows.
B — All fuel tanks, septic systems, temporary buildings, and any other
hazardous items that might wash away during flooding shall be located in the
plant area, above the floodplain. Only mining and reclamation activities will
occur in flood-prone areas of the property. All liquid and solid wastes shall be
stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site.
3. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, blowing debris, and other potential nuisance conditions.
4. The applicant shall remove, handle, and stockpile overburden, soil, and sand
and gravel from the facility in a manner that will prevent nuisance conditions.
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5. For personnel sanitation purposes, portable toilets will be used during mining.
Potable water will be supplied with bottled water hauled into the site. Well
water will not be used for drinking water.
6. The facility shall operate in accordance with a dust abatement plan approved
by the Colorado Department of Public Health and Environment at all times.
7. The site shall be maintained in compliance with the local fire protection
district, the U.S Fish and Wildlife Service, the U.S. Army Corps of Engineers,
and the Colorado Division of Minerals and Geology.
8. "No Trespassing" signs shall be posted and maintained on the perimeter to
clearly identify boundaries of the site.
9. The facility shall operate in accordance with a storm water detention plan
approved by the Colorado Department of Public Health and Environment.
10.All construction on the property shall be in accordance with the Weld County
Building Code Ordinance.
11. Lighting provided for security and emergency night operation on the site shall
be designed so that the lighting will not adversely affect surrounding property
owners.
12. The sand and gravel operation will comply with operation policies identified in
Section 44 of the Weld County Zoning Ordinance as articulated above.
13. The property owner or operator shall be responsible for complying with the
Operating Standards of Section 24.6 of the Weld County Zoning Ordinance,
as amended.
14. Personnel from the Weld County Health Department and Weld County
Planning Department shall be granted access to the property at any
reasonable time in order to ensure the activities carried out on the property
comply with the Development Standards stated herein and all applicable
Weld County regulations.
15. The scope of the Use by Special Review permit applied for hereunder shall
be limited to the plans shown herein and governed by the foregoing
standards and all applicable Weld County Regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require
the approval of an amendment of the Permit by the Weld County Planning
Commission before such changes to the plans or Development Standards
Nix Property Sand and Gravel Mine.WC.USR 20075.WD
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are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
16. The property owner or operator shall be responsible for complying with all of
the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
6.0 Reclamation Policies
In addition to the commitments made in the application to the Colorado Division
of Minerals and Geology, the Applicant commits to the following reclamation
policies:
6.1 Compatibility with Surrounding Land Uses
The reclamation plan anticipates, and was designed for, an end use of open
water bodies, with continued agriculture, oil and gas production, and limited on-
site residential use. The surrounding land uses currently are agricultural in
nature. A sand and gravel operation has been approved and is currently in
operation directly north and west of the proposed permit area. The reclamation
plan for the subject property is compatible with the existing and anticipated
agricultural uses.
6.2 Completion of Operations—Safety
Access to the site will be limited to employees necessary to maintain the site.
For safety purposes, access by others will be restricted.
6.3 Drainage
Sufficient drainage shall be provided to prevent pockets of standing water or
undue erosion on site. Grading shall be accomplished in such a manner that
storm water leaves the property at the original, natural drainage points. Runoff at
any such point shall not normally be increased over historic flows. Increases
over historic flows shall be allowed only when it is shown that the increased flows
will not adversely impact uses or lands affected by such flows.
Nix Property Sand and Gravel Mine.WC.USR
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6.4 Grading and Erosion Control
Final grades of all excavated areas shall substantially conform to the end use of
the land as proposed in the reclamation plan. Ridges, banks and mounds shall
be graded so as to minimize erosion. As practicable, trees, shrubs, legumes,
grasses, or other ground cover shall be replaced in order to avoid erosion.
7.0 Other Weld County Requirements:
7.1 Detailed Description of the Method of Mining
Operation
The detailed mining plan is included in Exhibit D of the DMG 112 application
package found in Appendix A.
7.2 Certified List of Property Owners Within 500 Feet
The required listing is enclosed in Appendix E.
7.3 Certified List of Mineral Owners and Lessees
The required certified list is enclosed in Appendix E.
7.4 Statement of Consistency with the Weld County Comprehensive
Plan
The Applicant has compared this proposed use and has prepared this application
package to conform to all Mineral Resource Goals and Policies contained in the
Weld County Comprehensive Plan. The details of the proposal contained in this
application support all Goals and Policies of the Comprehensive Plan.
7.5 Consistency with the Intent of the Zone District
The Nix property is located within the 'A' (Agricultural) Zoning District. The intent
of this district is to "provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production without the interference
of other, incompatible land uses... (T)he 'A' District is also intended to provide
areas for the conduct of Uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than Uses Allowed by
Right." Mineral resource development is one of the Uses by Special Review in
Nix Property Sand and Gravel Mine.WC.USR 20075.WD
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the 'A' (Agricultural) District. This application has been designed to meet the
intent of the Zone District and the requirements of the Use by Special Review.
7.6 Statement of Adequate Provisions to Protect the Health, Safety, and
Welfare
This application contains adequate provisions to protect the health, safety, and
welfare of surrounding landowners and the County residents. The plan
contained in this application package addresses all of the major areas of
potential pollution and nuisance factors related to these issues such as noise,
dust, water pollution, drainage, truck traffic, etc.
7.7 Statement of Compatibility with Existing Uses
Existing land uses surrounding the subject property are predominantly
agricultural in nature, with one sand and gravel operation currently permitted
directly north and west of the subject project site. The proposed mining operation
is allowed for in the zoning ordinance as a Use by Special Review. The mine
and reclamation plans, as well as the end use of the property, has been designed
to be compatible with the surrounding agricultural land uses and contain
provisions to ensure compatibility.
7.8 Statement of Compatibility with Future Uses
Uses surrounding the subject property will continue to be agricultural in nature for
the foreseeable future. Properties surrounding the proposed project site also
contain commercial quality sand and gravel deposits. It is likely that these
properties may be mined at some point in the future. Sand and gravel mining
and reclamation of the subject property as open water bodies with limited
agricultural and residential uses is consistent with the future anticipated uses of
surrounding properties.
7.9 Statement Concerning Flood Plain, Geologic Hazards, and the
Airport Overlay District
As shown on the Soils, Wetlands, and Floodplain Map contained within this
application, parts of the property fall within a 100-year floodplain (Zone A). A
Floodplain permit will be submitted and approved prior to any operations.
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There are no Geologic Hazards or Airport Overlay Districts present on this site.
7.10 Copy of Legal Instrument Identifying Applicant's
Interest in the Property
The Applicant, Owens Brothers Concrete Company, has an interest in the
property through a Contract to Purchase Agreement. A copy of that Contract to
Purchase is enclosed in Appendix B.
7.11 Special Review Use Questionnaire
The special review questionnaire is enclosed in Appendix C.
7.12 Weld County Road Access Information Sheet
A completed information sheet is enclosed in Appendix D.
Traffic Information and Proposed Road Improvements
Annual production of aggregates from this property are estimated at between
450,000 and 550,000 tons per year. Tractor trailers or tandems, with load
capacities averaging approximately 20 tons, will be used to haul aggregates from
the site.
Based upon the use of these trucks, and using a 300-day per year working
schedule, an average of 83.5 round trips per day is anticipated for this project. It
is anticipated that an additional 10 to 15 trips per day will be generated by
employees, sales people, and visitors to the site and will include automobiles and
light trucks (pickup trucks).
Owens Brothers Concrete Company proposes to pave the entrance from Weld
County Road 28 to current CDOT standards. The Applicant will utilize chemical
dust suppressants and water trucks to control dust on on-site roads.
Nix Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company May 2001
12 May 2001
Banks and Gesso, LLC
Appendix A:
DMG 112 Permit Application
Nix Property Sand and Gravel Mine.WC.USR
Owens Brother Concrete Company 200y May 2001 2001
13
COLORADO MINED LAND RECLAMATION BOARD
APPLICATION FOR
REGULAR 112 PERMIT
NIX PROPERTY SAND AND GRAVEL PIT
Weld County, Colorado
r-.
Submitted by:
Owens Brothers Concrete Company
5550 Sheridan Boulevard
Arvada, Colorado 80002
Prepared by:
Banks and Gesso, LLC
720 Kipling Avenue, Suite 117
Lakewood, Colorado 80215
(303) 274-4277
May 2001
4
Table of Contents
Page
Application Form
Introduction 1
Exhibits
Exhibit A Legal Description 3
Exhibit B Index Map 4
Exhibit C Pre-Mining and Mining Plan Map of Affected Land 5
Exhibit C-1 Pre-Mining Map
Exhibit C-2 Mining Plan Map
Exhibit C-3 Adjoining Property Owners Map
Exhibit D Mining Plan 6
Exhibit E Reclamation Plan 12
Exhibit F Reclamation Plan Map 17
Exhibit G Water Information 18
Exhibit H Wildlife Information 19
Exhibit I Soils Information 20
Exhibit J Vegetation Information 23
Exhibit K Climate Information 24
Exhibit L Reclamation Costs 25
Exhibit M Other Permits and Licenses 27
Exhibit N Source of Legal Right to Enter 28
Exhibit O Owners of Record 29
Exhibit P Municipalities Within Two Miles 30
Exhibit Q Proof of Mailings 31
Exhibit R Proof of Filing with County Clerk and Recorder 32
Exhibit S Permanent Man-made Structures within 200 feet 33
Appendices
Appendix 1 Wells within 600 feet of Affected Land 34
Appendix 2 Report on Wetlands, Ute Ladies-Tresses, and Preble's
Meadow Jumping Mouse 35
Appendix 3 Colorado Natural Heritage Program File Search 36
Appendix 4 Colorado Historical Society File Search 37
Appendix 5 Certification of Sign Posting 38
Tables
Table E-1 Permanent Seed Mix for Disturbed Areas 15
Table L Reclamation Cost Estimate 26
Banks and Gesso, LLC
Application Form
Nix Sand and Gravel Mine.CDMG.112 Permit 20075
Owens Brothers Concrete Company May 2001
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department or Natural Resources
1313 Sherman St.. Room 215
Denver, Colorado 80203 D I V I S I O N
Phone:(3031866-3567 CONSTRUCTION MATERIALS M I N E RA
FAX:(303)832-8106 REGULAR(112)OPERATION
RECLAMATION PERMIT APPLICATION FORM G E O L O
R ININ8 S TI
-MINING•SAf
Bill Owens
CHECK ONE: There is a File Number Already Assigned to this Operation Governor
Greg E.Watcher
Permit# M - (Please reference the file number currently assigned to this operation) Executive Director
X New Application(Rule 1.4.5) Amendment Application Michael DB.irector
Long
pp (Rule L l0) Division Director
Conversion Application(Rule 1.11)
Permit# M - - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form:
(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5 (Geotechnical Stability Exhibit:and(3)the application fee. When you submit your
application, be sure to include one(1)complete signed and notarized IVORY ORIGINAL and four (4) copies of the completed Ivory
application form,five(5)copies of Exhibits A-S.Addendum I,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for
the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder, maps should be folded to
8 1/2"X II"or 8 1/2"X 14" size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,all Information described below.
1. Applicant/operator or company name(name to be used on permit):
Owens Brothers Concrete Company
1.1 Type of organization(corporation,partnership,etc.): Corporation
1.2 I.R.S. Tax I.D. No.or Social Security Number: 34-057-0380
2. Operation name(pit.mine or site name): Nix Sand and Gravel Mine
3. Permitted acreage(new or existing site): 312 permitted acres
3.1 Change in acreage(+) 0 acres
3.2 Total acreage in Permit area 312 acres
4. Fees:
4.1 New Application $2.344.00 application fee
4.2 New Quarry Application $2,906.00 quarry application
4.4 Amendment Fee 51.938.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2,344.00 conversion fee
5. Primary commoditie(s)to be mined: sand and gravel
5.1 Incidental commoditie(s)to be mined: I. / Ibs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/ ons/vr
4. / lbs/fons/vr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s)to be mined: Construction aggregate
5.3 Anticipated end use of incidental commoditie(s)to be mined: None ant icipated
Banks and Gesso, LLC
Appendix 5:
Certification of Sign Posting
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
38
Certification:
1, the authorized representative of Owens Brothers Concrete
Company, do hereby certify that I posted a sign containing the following Notice
for the proposed CDMG Construction Materials Extraction Operation known as
Nix Sand and Gravel Mine, on NCI '4 qw(.
454o /6-1
Signature Date
Although every attempt is made to provide the most current and precise information possible,please be
aware that some of our sources provide a higher level of accuracy than others,and some interpretation
may be required. CNHP's data system is constantly updated and revised. Please contact CNHP for an
update or assistance with interpretation of this natural heritage information.
Sincerely,
Beth an Dusen
Environmental Review Coordinator
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Banks and Gesso, LLC
Appendix 4:
Colorado Historical Society File Search
Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD
Owens Brothers Concrete Company May 2001
37
COIMEADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver.Colorado 80203-2137
December 6, 2000
Ross Bjerke
Land Planner
Banks & Gesso, LLC
720 Kipling Street , Suite 117
Lakewood, CO 80215
Re: Owens Brothers Concrete Company - Sec 28, T3N, R67W
Dear Mr. Bjerke:
This is to acknowledge receipt of your November 30, 2000
correspondence concerning the above proposed gravel pit .
A search of the Colorado Cultural Resource Inventory indicated
that there are no cultural resources listed on the State Register
of Historic Places within the project area.
Should human remains be discovered during mining activities the
requirements under State law CRS 24 . 80 part 13 must be followed.
Thank you for the opportunity to comment. If we may be of further
assistance, please contact Jim Green at (303) 866-4674 . -
Sincerely,
----PL--- lk• at-4e
orgianna Contiguglia
President
GC/WJG
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