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Home My WebLink About800561.tiff illi;.. 1 II -' C i e ti WI _ - YS 4! 1 7 F ' _ ' _ I a;AeyiF 'E•t - _. I . - r_ ` A ,A s ,_ _ Li co O z_ J z a J a CD z z i- D U Z W CL O a / I ZL a \3 Fw \\ /��J as j m a o 6200 �,'.., Ib' Q a f ll W I ,• O Q (\I H u \ V N ii 1—:—..""r Ilr' —Ilimmilik :riti: j_ °a�:4 roof —— , • e . - 9r105f0t RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR OPEN CUT MINE PERMIT FOR BORROW PIT - STATE HIGHWAY DEPARTMENT, P . O. BOX 850 , 1420 2ND STREET, GREELEY, COLORADO 80631 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a public hearing on the 5th day of March, 1980 at the hour of 2 : 00 o'clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the application of the State Highway Department, P. O. Box 850, 1420 2nd Street, Greeley, Colorado 80631, for a Special Use Permit for an open cut mine permit for borrow pit on the following described real estate, to-wit: That part of the Northwest Quarter of the Northwest Quarter of Section 14 , Township 8 North, Range 58 West of the 6th Princi- pal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest corner of said Section 14, proceed South 85°41 ' 03 " East, a distance of 744 . 0 feet to the true point of beginning. Thence South 17°11 ' East, a distance of 628 . 0 feet; thence North 86°09 ' East, a distance of 154 . 3 feet; thence North 16°18 ' East, a distance of 520 . 6 feet; thence North 79°30 ' 27" West, a distance of 493 . 9 feet more or less to the true point. WHEREAS, evidence was presented in support of the granting of the Special Use Permit for an open cut mine permit for borrow pit on the above described real estate, and WHEREAS, Section 3 . 3 (E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural Zone District upon approval by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all of the testimony and statements of those pre sent, has studied the request of the petitioner and the recom- mendations of the Weld County Planning Commission and all of the 800561 pc 1a9� exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for an open cut mine permit for borrow pit on the herein- above described real estate, conforms to the purposes of Section 3 . 3 (E) (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of the State Highway Department for a Special Use Permit for an open cut mine permit for borrow pit on the above described tract of land be, and hereby is, granted subject to the development stan- dards and conditions as recommended by the Weld County Planning Commission. BE IT FURTHER RESOLVED by the Board of County Commissioners that the reasons for approval contained in the Planning Commis- sion recommendations dated January 15, 1980 be, and hereby are, adopted as the findings of fact of the Board of County Commis- sioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D. , 1980. ATTEST: 71 ;,,-«x_ 0%, i 6:t Ora,4a ,/ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder te. 2/7 t I (k (Aye) and Clerk to the Boar C. W. Kirby, Ch irman BY: ), i L cQ I24-4_ (Aye) / eputy County erk i Leonard L. Roe, Pro-Tem APPROV AS TO FO _ (Aye) 7a Norman Carlson oc unty Attorney (Aye) Lyd Dunbar O,//✓i11�J� ,cYe) e K. St inmark DATE PRESENTED: MARCH 10 , 1980 . • BEFORE 11-IL WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date January 15, 1980 Case No. SUP# 407:79:28 APPLICATION OF State Highway Department ADDRESS P.O. Box 850, 1420 2nd Street, Greeley, Colorad _80631 Moved by � that the following resolution be introduced Jiefe for passage bye the 7 Weld County Planning Commission: Be it Resolved by the Weld ount_ Pl nin Co mission that the appli- cation ut ne Perm t for Borrt coerin for site approval of t g the following described property in Weld County, Colorado, to-wit: See attached with Development Standards be recommended (favorably),(pR X1gi to the Board of Cot. my Commissioners for the following reasons: 1. This request is in compliance with the Weld County Comprehen*ive Plan and the Veld County Extraction Plan, Mineral Resources, Volume II. The area in question is non-irrigated. The Weld County Extraction Plan states that extraction shall be accommodated in non-irrigated areas so loner as appropriate extraction standards are followed. 2. It is the opinion of the Planning Commission that this proposed operation is in compliance with the provisions of Sections 3.3. E.2. and 6.1 (3) of the Weld County Zoning Resolution. The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses, compatible with the future development in the Potion seconded by Retie,_E ountz__ _— Vote: For Passage Bette Kountz —__Against Passage Jim ni lhert _ Fra_nk_Suckla Jerry Kiefer -----Fred Otis -- - - ---- _ Don Billings _ _ Bob Ehrlich Chuck Carlson The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CER11FICAs !ON OF COPY I, Shirley A. Phillips PE2,;,l 'iing Secretary of the !Jcld County Planning Commission, do hereby certify Llia.t -..he above and forr:g:air,c Resolution is a true copy of the Res.i u t 'an •f the Planning Commission of :geld County, Color- January adopted on January 15, 1980 and recorded k Bock No. __-VI__ of the proceedings of the 'le 16 - Ei,i7 of January , 1980 • Secretary • State Highway Department SUP-407 : 79 : 28 PLANNING COMMISSION RECOMMENDATION January 15, 1980 area and will not adversely affect the health, safety, and welfare of the inhabitants of the area and the County. This determination is based upon the following: A. It is the opinion of the Planning Commission that borrow pit operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. B. The following referral entities have reviewed the request and have set forth no objections to it: 1 . The Weld County Engineering Department 2. The Weld County Health Department 3 . The State Fish and Game Department 4. The West Greeley Soil Conservation Service 5 . The Colorado Geological Survey The concerns and/or recommendations of the individual entities are incorporated into the attached Operations Standards . The Planning Commission recommendation for approval is conditional upon the following: 1 . The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use Permit plat: Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities . Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards . 3 . The Operations Standards being placed on the Special Use Permit plat. The Special Use Permit plat shall be delivered to the Department of Planning Services office for inspection prior to recordation at the Weld County Clerk and Recorder ' s Office. OPERATIONS STANDARDS 1. The uses permitted on this site shall be the extraction of borrow material as described in the application materials and all other uses permitted by right under Section 3. 3B of the Weld County Zoning Resolution. 2. No excavation or processing of materials shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement >at the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 3. All extraction operations shall be conducted during the hours of daylight except in the case of public or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 4. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 5. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 6. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 7. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100, 000 . 00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 8 . All phases of the borrow pit operation shall comply with all applicable County, State and Federal Health Standards and Regulations and other applicable rules and regulations of governmental bodies having jurisdiction on the premises . 9 . A fugitive dust emission permit shall be applied for and obtained through the Weld County Health Department or from the Colorado Department of Health for dust emissions (mining activities and road construction) . 10. Any permanent on-site sewage disposal system will require a permit from the Weld County Health Department. •11 . In-so-far as practicable, all means of access to the property from any county road shall be located and designed as to avoid the routing of vehicles to and from the property over county roads and bridges identified by the County Engineer as inadequate for projected loads. The applicant shall coordinate with the County Engineer to establish the most practicable access to the property prior to start up of said borrow pit operation. All accesses shall have the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recommendatnions and/or requirements of the Weld County Engineering Department. 12 . No diking or berming shall be allowed on the Special Use Permit area which would cause damage to adjacent properties or county road right-of-way by altering the historic drainage pattern. 13. All phases of the operation must conform to the noise limitations set forth in 25-12-103, CRS, 1973. 14 . The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operations Standards shall be permitted. Any other changes from the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. 15 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Noncompliance with any of the above stated Development Standards shall be reason for revocation of the Special Use Permit by the Board of County Commissioners. . COMMENTS: To date our office has not received any letters from surrounding property owners in opposition to this request for an open cut mine permit. 4=t)tipN,,f1 • C 1 I' The Weld County Planning Commission held a regularly scheduled meeting on January 15 , 1980 in the Weld County Centennial Center County Commissioners Hearing Room, first floor, 915 10th Street, Greeley, Colorado. Roll Call was as follows : Chuck Carlson Present Bob Ehrlich Present Fred Otis Present Don Billings Present Frank Suckla Present Jerry Kiefer Present Bette Kountz Present Jim Gilbert Present Irma White Absent Also present were: Tom Honn, Zoning Administrator Russ Anson, Assistant County Attorney As a quorum was present, the meeting was called to order by Chairman Carlson. He asked if there were any corrections or additions to be made on the December 18, 1979 minutes. Hearing none he asked for a motion to approve the minutes as presented. Jerry Kiefer made a motion to accept the minutes. His motion was seconded by Bette Kountz . A unanimous vote of "aye" was cast by all to accept them as presented. APPLICANT: Jack Vaughn Tape 8 - Side 1 CASE NUMBER: N/A SUBJECT: Request under Section 13.C. ( 1) of the Weld County Subdivision Regulations for a building permit on an illegal parcel LEGAL DESCRIPTION: Tract 6 , Aristocrat Ranchettes Subdivision LOCATION: 2 miles northeast of Fort Lupton APPEARANCE: Jack Vaughn DISCUSSION: Mr. Otis first asked that Section 13.C. (1) of the Weld County Subdivision Regulations be read which was read by Tom Honn. He brought the Planning Commission up-to-date as to how the illegal parcel occurred and why it is illegal according to the Weld County Subdivision Regulations . This was brought to the attention of the Planning staff when Mr. Vaughn tried to get a building permit for a modular mobile home on the property. Mr. Suckla site viewed the property and distributed pictures to the Planning Commission he had taken of the site. Discussion followed among the members . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners for the issuance of a building permit on the illegal parcel. Motion by Jerry Kiefer, seconded by Frank Suckla. A vote of "aye" was cast by Bette Kountz, Frank Suckla, Jerry Kiefer, Fred Otis , Jim Gilbert, Don Billings , Bob Ehrlich and Chuck Carlson. APPLICANT: James Reese Tape 8 - Sides 1 and 2 CASE NUMBER: SUP-406 :79 :27 SUBJECT: Swine Farrowing and Finishing Operation LEGAL DESCRIPTION: Ell SE%, Section 21, T2N, R66W LOCATION: Northwest corner of the intersection of County Roads 18 and 31 APPEARANCE: James Reese Planning Commission Minutes Page 2 January 15 , 1980 DISCUSSION: Mr. Reese stated he is planning a 575 head swine operation with total confinement-type buildings . Under the floor pits will be used for waste disposal with a two-stage lagoon system. Because of the mean air direction, odors from the operation should be carried away from any neighboring houses in the area. Tom Honn read the Planning staff' s recommendation for approval along with the Development Standards into the record. Dick Heine, surrounding property owner to the west, stated his opposition to the proposal because he feels the size of the operation is too large for the site, odors , and possible contamination. J. L. Sears stated that when the applicant approached him for a site for the operation that taking everything into consideration they felt this was the best possible location. MOTION: Be it therefore resolved to recommend approval with the Development Standards based on the Planning Staff ' s recommendation to the Board of County Commissioners . Motion by Jim Gilbert, seconded by Bob Ehrlich. A vote of "aye" was cast by Bette Kountz, Jerry Kiefer, Fred Otis, Jim Gilbert, Don Billings , Bob Ehrlich and Chuck Carlson. An abstention vote was cast by Frank Suckla. APPLICANT: State Highway Department Tape 8 - Side 2 CASE NUMBER: SUP-407 : 79 :28 SUBJECT: Open Cut Mining Permit - Borrow Pit LEGAL DESCRIPTION: Pt. NW% NW4, Section 14, T8N, R58W LOCATION: 31 miles north of New Raymer APPEARANCE: Joe Intermill DISCUSSION: Mr. Intermill stated that although they do not retain ownership of the property they do have an option to buy borrow material on this property (approximately 4 acres) . The location of the site is on a hill that apparently was used as a borrow pit many years ago and the gravel has been removed. The Highway Department will excavate further: into the hill and utilize the material for maintenance for shouldering and emergencies. Since there were no objections from anyone regarding thel request and the applicant had already read the recommendations of the Staff, they were not read into the record. Ii MOTION: Be it therefore resolved to recommend approval with the Development Standards based on the Planning Staff ' s recommendation to the Board of County Commissioners. Motion by Jerry Kiefer, seconded by Bette Kountz . A vote of "aye" was cast by Bette Kountz, Frank Suckla, Jerry Kiefer, Fre Otis, Don Billings , Bob Ehrlich and Chuck Carlson. A vote of "no" was cast by Jim Gilbert. APPLICANT: Walter Bailey Tape 8 - Side 2 CASE NUMBER: SUP-408:79 : 30 SUBJECT: Dairy LEGAL DESCRIPTION: Pt. SW4, Section 34 , T5N, R64W LOCATION: 3 miles southwest of Kersey APPEARANCE: Walter Bailey Planning Commission Mi____es Page 3 January 15, 1980 DISCUSSION: Mr. Bailey stated he is presently in the dairy business with his brother-in-law and would like to start another operation on this property for approximately 200 head of dairy cows on approximately 10 acres . A lagoon system will be used. There being no objections from anyone in the audience, the Planning Staff ' s recommendation was not read into the record. MOTION: Be it therefore resolved to recommend approval based on the Planning Staff' s recommendation with the Development Standards to the Board of County Commissioners . Motion by Fred Otis, seconded by Jerry Kiefer. A vote of "aye" was cast by Bette Kountz , Frank Suckla, Jerry Kiefer, Jim Gilbert, Don Billings, Fred Otis , Bob Ehrlich and Chuck Carlson. APPLICANT: Velma Frank Tape 8 - Side 2 CASE NUMBER: SUP-409 : 79 : 31 Tape 9 - Side 1 SUBJECT: Open Cut Mining Permit for Sand and Gravel LEGAL DESCRIPTION: Pt. W1 NW!, Section 19, T6N, R67W LOCATION: 11 miles west of Windsor, 1/8 mile south of Colorado Highway 392 APPEARANCE: Jerry McRae DISCUSSION: This request is to excavate the gravel lying on a 9 .9 acre tract. The majority of the gravel extracted will be used as pit-run material and excavated and loaded as required. Buildings and stockpiles will be located toward the west end of the site near the access road. The excavation will begin at the east end of the site and work toward the west end of the site. Access will be to County Road 13 . There being no questions at this time Tom Honn read the Planning Staff ' s recommendation for approval and the Operations Standards into the record. Darrell Todd of the Division of Wildlife then stated the department ' s opposition to this proposal because there is a permanent easement on this site. Mining or any other activity that disturbs vegetation and/or changes the current use of the land covered by the permanent easement is a violation of that easement. Bob Bosley, attorney for the Frank ' s , stated that they will be working with the Division of Wildlife and cooperate with them to resolve the situation. Some discussion followed regarding access to the site. MOTION: Be it therefore resolved to recommend approval based on the Planning Staff ' s recommendation with the Development Standards to the Board of County Commissioners . Motion by Jim Gilbert, seconded by Frank Suckla. A vote of "aye" was cast by Bette Kountz, Frank Suckla, Jerry Kiefer, Fred Otis, Jim Gilbert, Don Billings , Bob Ehrlich, and Chuck Carlson. APPLICANT: Larry Linder Tape 9 - Sides 1 and 2 CASE NUMBER: S-170 : 79 : 15 SUBJECT: Preliminary Plan - Linder Subdivision LEGAL DESCRIPTION: Pt. SW%, Section 31, T5N, R65W LOCATION: Adjacent to the northwest edge of the Town of LaSalle on 1st Avenue Planning Commission Mi .es Page 4 January 15 , 1980 APPEARANCE: Larry Linder DISCUSSION: This subdivision is proposed on approximately 8 acres creating 34 lots . He stated he is in complete agreement with the conditions of approval recommended by the Planning Staff, but would request that item 6 .d. regarding dedicated public right-of-way in the floodplain shall when constructed have their travel portions elevated to equal or above the 100 year floodplain elevations in order that all lots may have access during a 100 year flood be eliminated. This was defined in a letter from the Colorado Water Conservation Board on November 14, 1979 . He feels this is necessary because of the concern for engineering and the effect that implementing such a recommendation would have not only upon the adjacent landowner, but also upon the lots themselves. Discussion followed in this regard. John Leichty, attorney representing Mr. and Mrs . George Leggett, owners of Valley Packing Company, stated that although they have no objection to the proposed subdivision, they do have several concerns . These concerns are that they would like to suggest diverting the existing sewer easement so that it runs between Lots 28 and 29 instead of down the middle of Lot 29 . He also stated that there could be some potential problems with the existing packing plant near residential housing and and impacts that could result. Discussion then followed regarding the elevation of structures being at least 1 foot above the 1973 100 year flood elevation. It was suggested by Mr. Billings that this be amended to state that top of footings of all structures shall be at least 1 foot above the 1973 100 year flood elevation. . . instead of first floor elevations. . . MOTION: Be it therefore resolved to eliminate item 6 .d. of the Planning Staff ' s recommendation for condition of approval; also to amend item 6.e. to state "top of footings" of all structures shall be at least 1 foot above the 1973 100 year flood elevation. . . instead of "first floor elevations" . Motion by Jim Gilbert, seconded by Don Billings . All present cast a unanimous vote of "aye" to amend these changes . MOTION: Be it therefore resolved to recommend approval with the amended changes based on the Planning Staff ' s recommendation to the Board of County Commissioners . Motion by Jim Gilbert, seconded by Don Billings . A vote of "aye" was cast by Bette Kountz, Frank Suckla, Jerry Kiefer, Fred Otis , Jim Gilbert, Don Billings and Bob Ehrlich. Chuck Carlson cast a "no" vote because he feels it is getting too close to the packing plant and encroaching on other people ' s business. Consider a recommendation to amend Section 3. 3.E.4 . of the Weld County Zoning Resolution which pertains to uses which are permitted upon granting a Special Use Permit by the Board of County Commissioners, specifically agriculturally service establishments. DISCUSSION: Tom Honn stated that as a result of interest expressed by the public during the past several months from individuals who either operate or were interested in establishing agricultural service establishments has encouraged the creation of an acceptable mechanism A Planning Commission MiLii.es Page 5 January 15, 1980 to allow such uses in accord with the general concepts of the County Comprehensive Plan. The recognition of the problem by the Planning Commission and Board of County Commissioners prompted the staff to research and recommend the amendment of Section 3. 3.e. , Special Use Permit, in the Agricultural Zone District. Discussion followed in regard among the Planning Commission members . It was suggested that "on a fee or contract basis" be eliminated from this section also. MOTION: Be it therefore resolved to recommend eliminating "on a fee or contract basis" . Motion by Jim Gilbert, seconded by Don Billings . All present cast a unanimous vote of "aye" . MOTION: Be it therefore resolved to recommend approval of the amendment of Section 3. 3.E.4 by adding a new subsection t. to the Board of County Commissioners. Motion by Fred Otis, seconded by Jim Gilbert. A vote of "aye" was cast by Bette Kountz, Frank Suckla, Jerry Kiefer, Fred Otis , Jim Gilbert, Don Billings , Bob Ehrlich and Chuck Carlson. There being no further business the meeting was adjourned. Respectfully submitted, Shirley A. Phi'ilips Planning Commission Secretary A public hearing was conducted on March 5 , 1980 at 2: 00 P.M. , with the following present: BILL KIRBY CHAIRMAN LEONARD ROE COMMISSIONER NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: • ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM HONNN The following business was transacted: I hereby certify that pursuant to a notice dated January 28, 1980 and duly published January 31, 1980 and February 21, 1980 in the Platteville Herald a public hearing was held on the request of the STATE HIGHWAY DEPARTMENT for a SPECIAL USE PERMIT, OPEN CUT MINE PERMIT FOR A BORROW PIT. Tom Honn reviewed the Planning Commission' s favorable and development standards. Mr. Joe Intermill, Jr. , representing the State Highway Department was present and cor'.mented upon this request. There was no one present in opposition to this request. Commissioner Steinmark made a motion to grant the special use permit request of the State Highway Department with the development standards as recommended. Commissioner Roe seconded the motion and it carried unanimously. CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: v (1.. t WELD COUNTY CLERK AND RECORDER POND LERK TO THE BOARD �.-Deputy County/ Clerk D( CKET # 80-11 TAPE '` 30-17 LHR 2009 Date : uanuary 15, 1980 CASE NUMBER: SUP-407 : 79 : 28 NAME: State Highway Department REQUEST: Open Cut Mine Permit for Borrow Pit LEGAL DESCRIPTION: Pt. NW% NW4, Section 14, T8N, R58W LOCATION: 3% miles north of New Raymer THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1 . This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extension Plan, Mineral Resources , Volume I . The area in question is non-irrigated. The Weld County Extraction Plan states that extraction shall be accommodated in non-irrigated areas so long as appropriate extraction standards are followed. 2. It is the opinion of the Department of Planning Services staff that this proposed operation is in compliance with the provisions of Sections 3. 3 E. 2 . and 6. 1 (3) of the Weld County Zoning Resolution. The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses, compatible with the future development in the area and will not adversely affect the health, safety, and welfare of the inhabitants of the area and the County. This determination is based upon the following: A. It is the opinion of the Department of Planning Services staff that borrow pit operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. B. The following referral entities have reviewed the request and have set forth no objections to it : 1 . The Weld County Engineering Department 2. The Weld County Health Department 3 . The State Fish and Game Department 4. The West Greeley Soil Conservation Service 5. The Colorado Geological Survey State Highway Department SUP-407 : 79 : 28 PLANNING STAFF RECOMMENDATION January 15, 1980 The concerns and/or recommendations of the individual entities are incorporated into the attached Operations Standards . The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for this request. 2. The following note being placed on the Special Use Permit plat : Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities . Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards. 3. The Operations Standards being placed on the Special Use Permit plat. The Special Use Permit plat shall be delivered to the Department of Planning Services office for inspection prior to recordation at the Weld County Clerk and Recorder ' s Office. OPERATIONS STANDARDS 1 . The uses permitted on this site shall be the extraction of borrow material as described in the application materials and all other uses permitted by right under Section 3. 3B of the Weld County Zoning Resolution. 2. No excavation or processing of materials shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement to the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 3. All extraction operations shall be conducted during the hours of daylight except in the case of public or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 4. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 5. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 6. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 7. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100 , 000 . 00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 8 . All phases of the borrow pit operation shall comply with all applicable County, State and Federal Health Standards and Regulations and other applicable rules and regulations of governmental bodies having jurisdiction on the premises . 9 . A fugitive dust emission permit shall be applied for and obtained through the Weld County Health Department or from the Colorado Department of Health for dust emissions (mining activities and road construction) . 10 . Any permanent on-site sewage disposal system will require a permit from the Weld County Health Department. 11 . In-so-far as practicable, all means of access to the property from any county road shall be located and designed as to avoid the routing of vehicles to and from the property over county roads and bridges identified by the County Engineer as inadequate for projected loads . The applicant shall coordinate with the County Engineer to establish the most practicable access to the property prior to start up of said borrow pit operation. All accesses shall have the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recommendatnions and/or requirements of the Weld County Engineering Department. 12 . No diking or berming shall be allowed on the Special Use Permit area which would cause damage to adjacent properties or county road right-of-way by altering the historic drainage pattern. 13. All phases of the operation must conform to the noise limitations set forth in 25-12-103, CRS, 1973. 14. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operations Standards shall be permitted. Any other changes from the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. 15. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards . Noncompliance with any of the above stated Development Standards shall be reason for revocation of the Special Use Permit by the Board of County Commissioners . COMMENTS: To date our office has not received any letters from surrounding property owners in opposition to this request for an open cut mine permit. DEPARTMENT OF PLANNING SERVICES PHONE (303)356.4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 1 A !! 1 I • COLORADO December 4, 1979 Joe Intermill State Department of Highways 1420 2nd Street P.O. Box 850 Greeley, Colorado 80632 RE: Request for a Special Use Open Cut Mine Permit for a borrow pit on a parcel of land described as Pt. NW4 NW4, Section 14, T8N, R58W of the 6th p.m. , Weld County, Colorado . Dear Mr. Intermill : Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, January 15, 1980 at 1 : 30 p.m. This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to make your presentation on your - request and be available to answer any questions the Planning Commission members might have with respect to your application. • If you have any questions concerning this matter, please feel free to contact me. Respectfully, Vickie Traxler • Assistant Zoning Administrator VT: sap cc: Mr. and Mrs . Harry Lindsey P.O. Box 75 New Raymer, Colorado 80742 71 0 )f\UlR ,,to.A II, 12 sn,l_ 1\vvo ., ;' N �,) II r IJn,- ,tlz RI It R\ I(1 ,pa., -1 re:er,e RECEIPT FOR CERTIFIED MAIL ' the tolloslr 4 serslsc'is re.luestcd (chcsk one) NCI CNSU:2ANCE CO'VERASE PROVIJsE— a ' ' Show 'o shorn and date dcllscred _s SJOIT FOR I��IE1₹i;AuIISNAL P.`IAIL igi ' I Show ii shorn,Witt,,t-id address of dcllsery �s se Revec • ' RESTRICT(I) DIIIVFRY " Show to ssh 1m and dtte dellscrtd ___ RESTRICT}D DELIVERY ID� ,. \�\ Shos to shorn,date d^d address of denser y S___ � `' � � - } O,ST E AND ZIP CODE (CONSULT POSTMASTER FOR FEES) C ,� � V>�� IN POSTAGE 2 ARTICLE 41ODRE'S5ED TO — -- ��R �� CERTIFIED FEE ‘ ? \\�Js\\\'= •-� `,..1L-\ / w SPECIAL DELIVERY71 m S� t�\Ng � l`, �\��Z (17 ! RESTRICTED DELIVERY - Q XI Z 3 ARTICLE DESCC TION sag., TO VA0'1 44D DATE DELI'JERED Q nREGISTERED NO CERTIFIED NO INSURED NO �V ¢ = = - m PT:,TO hu0't,LATE,AND —�i ' .e s- ‘\ - / d I— ADDRESS OF DEc':'I3l_ Q 21 (Always obtain signature of addressee or agent) �/ B. ® -- — �m� // d FL= wi SH0:J TO E5H0'1 A',D DATE I has e rerrrs ed the area le described abos r / / �' DELETED IrITH TESTR CTED Q -I SIGNATURE ❑ \ddlr' O Author,. id der t' t/') �+ ®I DELIVER( 33 / ® , SH0:J TO l',PO'1,DATE AND ct m 7_ / w ADDRESS OF DELIVERY VdTH Z _ = RESTR�CEED DELIVERY ca • DATE OF DE 57 Y '=.P,s1ST1NARK TOTAL POSTAGE AND FEES $ m j DE' a POSMIARK OR DATE z 5 ADDRESS (Complete only If requested) ) 5(j�61y OITI 1• 1439- 100 CQ JJ_ \� T 6 UNABLE TO DELIVER BECAUSE S �a "� m I. IALS Oi. ra r. iJ :;GPO I9)a-272-382 ♦ 11 Jf a•COp ' moo COLORADO STATE DEPARTMENT OF HIGHWAYS • * DIVISION OF HIGHWAYS 1876 July 3, 1980 DOH FILE 42100 Chuck Cunliffe Assistant Zoning Administrator Weld County Zoning Department Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Dear Chuck, We are submitting the mylar copies of the plats for the Hnizdil and Lindsey Pits. We are also submitting twenty dollars ($20.00), ten dollars ($10.00) for the recording of each mylar. If we can be of further assistance please do not hesitate to contact me. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER J7/-7/O Joe A. Intermil4 Jr. Materials Reconnaissance Engineer JAI:rd cc: D. M. Bower File (2) 2netZ2PMre?,a/,',� v G, TC5 O0 oGNo (CD P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 STATE DEPARTMENT OF HIGHWAYS Lindsey Pit JACK KINSTLINGER EXECUTIVE DIRECTOR DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE r L u DWIGHT M. BOWER CHIEF ENGINEER iv/ (S�NE t+`- DISTRICT ENGINEER STATE OF COLORADO P.O. BOX 850-1420 - 2ND ST • GREELEY, COLORADO 80631 • (303) 353-1232 November 15, 1979 DOH FILE 42100 Chuck Cunliffe Department of Planning Services Weld County Courthouse 915 10th Street Greeley, Colorado 80631 Dear Chuck, Enclosed is a copy of a Special Use Application for a permit to operate a borrow pit. I am also supplying you several copies of the application we submitted to the state Mined Land Reclamation Board, which will give you an indication of our proposed extraction and reclamation in the area. Due to the location and type of operation that we are proposing, I feel that the only items, as listed under "E. Operations Standards" located on Page 31 to Page 33 of Weld County Extraction Plan - Mineral Resources Volume II, that would be applicable to our operation would be numbers 1, 2, 3, and 8. If you have any questions concerning this application or our proposed borrow operation please feel free to contact me. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER .' Joe A. Intermill, Jr. Materials Reconnaissance Engineer JAI:rd rd n026274,60, ,)P ' cc: D. M. Bower gl„v v, File (2) N0V1979 PO RECEIVED col co 7.'ac;'ng C0DOrss'n �;, FIELD CHECK FILING NUMBER: SUP-407 DATE OF INSPECTION: 1/7/80 NAME: State Highway Department REQUEST: Open Cut Mine Permit for Borrow Pit LEGAL DESCRIPTION: Pt. NW-4-NW-14 Section 14, T8N, R58W LAND USE : N Pasture E Pasture S Pasture w Pasture ZONING: N Agricultural LOCATION: 3 miles north of New E Agricultural Raymer s Agricultural W Agricultural COMMENTS : The parcel has rough, hilly terrain with surrounding uses being primarily rangeland. Access to the parcel is a private access road from County Road 135. Extraction of borrow material from the site would not appear to affect Pawnee Creek, Pawnee Park or residences in the vicinity. BY: ()l C (k)1s-- Ct Lei.! N OTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 80-11 State Highway Department P. O. Box 850 1420 2nd Street Greeley, Colorado 80631 DATE : March 5, 1980 TIME: 2: 00 P. M. REQUEST: Special Use Permit - Open cut mine permit for Borrow Pit LEGAL DESCRIPTION That part of the N. W. 4 N.W. 4 Section 14, Township 8 North, Range 58 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the northwest corner of said Section 14, proceed S 85°41' 03"E. a distance of 744. 0 feet to the true point of beginning. Thence S17°11'E. a distance of 628. 0 feet; thence N86°09 'E. a distance of 154. 3 feet; thence NN16°18 'E. a distance of 520. 6 feet; thence N79°30 ' 27"W. a distance of 493. 9 feet more or less to the true point. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: KEITHA WHITE, DEPUTY DATED: January 28 , 1980 PUBLISH: January 31, 1980 and February 21, 1980 in the Platteville Herald I_....Javit of Publication STATE OF COLORADO ss. County of Weld, I, Robyn Wright of said County of Weld, being duly sworn, say that I am an advertising clerk of t ,Me ICEzon THE GREELEY DAILY TRIBUNE, and PursuafJf to,Me toning fawy of the state of Color di a�rwo w THE GREELEY REPUBLICAN Zomnl be help In Clambers of Me Board of'' County Comrnfy,0)ers of Weld Cautily, that the same is a daily newspaper of general Colorado, Weld County Centennial circulation and printed and published in the City of Center, 915 10th Street, Greeley, Col orado,at the time specifies All persons Greeley, in said county and state; that the notice or m any manner interested in the Special Use Permit are requested to attend and advertisement, of which the annexed is a true copy, has may be heard been published in said daily newspaper for consecutive BE IT ALSO KNOWN that the text and maps so certified by the Weld Coun (days) (weeks); that the notice was published in the ty Planning Commission may be ex amined in the office of the Clerk to the regular and entire issue of every number of said Board of County Commissioners,located newspaper during the period and time of publication of in the Weld County Centennial Center, 915 10th Street Third Floor, Greeley said notice, and in the newspaper proper and not in a Colorado DOCKET NO 80 11 supplement thereof; that the first publication of said APPLICANT State Highway Department P 0 Box notice was contained in the issue of said newspaper , 850 1420 2nd Street, Greeley, Colorado bearing date 80631 DATE March 5 1980 TIME 200PM eighteenth REQUEST Special Use Permit—Open cut mine permit for Borrow Pit day ofFe bruary 8O LEGAL DESCRIPTION A.D. 19 That part of the NW AN W Sec and the last publication thereof; in the issue of said ton 14,Township 8 North,Range 58 West of the 6th Principal Meridian, Weld newspaper bearing date the County, Colorado, be ng more par titularly described as follows Beginning at the northwest corner of eighteenth said Section 14,proceec S 85°41'03"E at distance of 7440 feet to the true point of day of February A.D. 19 80; beginning Thence S17°11'E at a distance of 62817 feet,inence N86°09'E a that said The Greeley Daily Tribune and The Greeley distance of 154 3 feet hence N16918'E a distance of 520 6 feet, thence Republican, has been published continuously and N79°30'27'A a distance of 4939 feet uninterruptedly during the period of at least six more or less to the true point BOARD OF months next prior to the first issue thereof contained COUNTY COMMISSIONERS WELD COUNTY,COLORADO said notice or advertisement above referred to;that said BY MARY ANN FEUERSTEIN newspaper has been admitted to the United States COUNTY NDCLERK TO THE BOARD mails as second-class matter under the provisions of the BY KEITHA WHITE,DEPUTY DATED-January 28,1980 i Act of March 3, 1879, or any amendments thereof; and The Greeley NOTrmgne• that said newspaper is a daily newspaper duly qualified Feb 18,1980 +_s f for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. February 18 , 1980 Total charges $19 .66 Rad) tr) Lt-24A ht-,- AdveYfising Clerk Subscribed and sworn to before me this 18th day o February / A.D. 19_ 0 My commissio expires -- - - ' ' - ' ' (2 (, .1 -111.(--K) Notary Public .i1 ,.l i i . i ,i ,1 .1. FLOW SHEET APPLICANT: CASE '#• REQUEST: ---- LEGAL: ' ' -- -- . , LOCATION: DATE I BY Application Received - - Cptc Application Fee - Receipt # IUP' Recording Feet 10.00e/ �A7 OW Application Complete P.C. Hearing Date: Letter to Applicant Drafted - Referrals Listed - — - -_ . ' - - Field Check by D.P.S . Staff File Assembled \. .- -\ \ %, R- Referrals Mailed %-\--\-- N ' - Chaindexed \' , \. \ % Notification of Applicant , \. -`\` \ Surrounding Property Owners Researched /2,-s-7, Airphoto/Vicinity Map ,Preapred /2.-s--75 Property Owners Notified by: \� �� , . Agendas Mailed by: . l -i -St) S P Legal Approved by County Attorney I --._ - S` -7c1 -1 . 0-D. Referrals - Complete , k - 1- csn \IT Preliminary D.P.S. Staff Comment's I -% - %-o -\)-C Staff Conference l� " �O v D.P.S. Comments 1- " VO N,j` P.C. Hearing Action:` ,:,.1.,_\___ c- , \N: )- ..': P.C. Resolution \"\ 1/4:, s-'. .\1 - Case Sent to Clerk to Board - V 1— lid C.C. Hearinga-s- Action : Q,(bdQc 3-S-Fg3 C.C. Resolution Received . ---\ ,-1 % _ History Card Complete \\-cN ``' C.C. Resolution Sent to Drafting sEp 8 `280 0.44, _ ( 2b<- T�" ,�f dI Drafted on Mylar I :sEp 3 ;.18041 Document Sent to Clerk and Recorder P.C. Minutes \-\% - ) \\� WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Planning Commission 1516 Hospital Road, Greeley,. CO Ary For ZONING DEPARTMENT Use Only Case Number: Applicant: PC Hearing Date: CC Hearing Date: Section: , Township: North, Range: West Zoning District: Acreage Involved: Permit Fee: Receipt Number: Legal Description Approved By , Weld County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved By , Weld County Engineer Recommended Road/Bridge Fee: /Not Required Refer To: 1 ) Date: 2) Date: 3) Date: 4) Date: 5) Date: Application Reviewed By Weld County Zoning Department �. To Be Completed By APPLICANT In Accordance With Procedural Guide Require- ments: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Borrow Pit (gravel , coal , borrow pit, etc. ) mining operation for the following described unincor- porated area of Weld County: LEGAL DESCRIPTION: That part of the N.W. 1/4 N.W. 1/4 Sec. 14, T.8N. , R.58W. of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the northwest corner of said Sec. 14, proceed S.85°41'03"E. a distance of 744 feet to the true point of beginning; Thence S.17°11'E. a distance of 628.0 feet; Thence N.86°09'E. a distance of 154.3 feet; Thence N.16°18'E. a distance of 520.6 feet; thence N.79°30'27"W. a distance of 493.9 p feet more or less to the true point. TOTAL ACREAGE: 4.02 2. Surface owner(s) of area of land described P.O. Box 75 Name: Harry L. Lindsey Address: New Raymer Phone: 437-5424 Name: Lena E. Lindsey Address: Same Phone: 437-5424 3. Owner(s) of mineral rights to substance to be mined Name: Harry L. Lindsey Address: Same Phone: Same Name: Lena E. Lindsey Address: Same Phone: Same 4. Source of applicants Legal Right to enter and to mine on the land de- scribed: Lease Agreement with Option to Buy Material (Attach Certified Copy of any Document noted to the Back of This Form) • JOE A INTERMILL, JR. MATERIALS RECONNAISS LANCE ENGINEER DISTRICT 4 DIVISION OF HIGHWAYS /p 6_ p. 8,5:2 °6 cOto 1420 - 2ND ST GREELEY, COLORADO 00991 , * BUS PHONE 353-1232 1876 MICROWAVE PHONE 9477 1� r - df 5. Address of applicant and general office Applicants address: 1420 2nd Street, Greeley, CO Phone: 353-1232 General Office address: 4340 E. Louisiana, Denver, CO Phone: 757-9224 6. Identify any prior permits for open cut mining held by applicant or affiliated person: Shipps, Baumgartner, State Land - Roggen, Simpson, Brown, Eichher, Wilson, Miller, Janitell, Peterson 7. Description of Operation a. Types and number of operating and processing equipment to be employed: The following types could be utilized, however, the exact number of each type would be impossible to predict: dozers, front end loaders, trucks, motor graders, farm type tractors, seed drills, mulchers, and fertilizer spreaders. b. Maximum number of employees: Approx 1% and number of shifts: 1 c. Number of stages to be worked: , and periods of time each is to be worked: Since it is not possible to accurately predict the time and quantity of needed maintenance or construction on the roads, or the quantities of material required, it would not be feasible to attempt to establish a timetable for mining in d. Thickness of mineral deposit: --- feet, and thickness of the over- this area. burden: --- 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): Access to the site is via a private road to County Road 94, then to County Road 135 and on to S.H. 14, or from County Road 94 to County Road 129. 8. Description of Rehabilitation • a. Proposed rehabilitation land use(s) : N/A b. Source of technical advice for reclamation: N/A c. Explanation of Reclamation Process: N/A I hereby depose and state under the penalities of perjury that all state- ments, proposals and/or plans submitted with or contained within this applica- tion are true and correct to the best of my knowledge. COUNTY OF k i, t..L; STATE OF Signature: Owner/Authorized Agent Subscribed and sworn to before me this j7, 7, day of ,t" f• 19 -4i L P rH 1_--../ NOTA PUBLIC SEAL � �,�tl?5Z&�j.;• ; My Commission expires - = - '- ' • �� „9 ' ECG',9 lt � ) - r-- 1 REFERRAL LIST Z A_2PL1 LANT State Highway Departiuent H CASE # SUP-407 : 79 : 28 P REFERRALS SENT OUT ON: December 4 , 1979 z o z U REFERRALS TO BE RECEIVED BY: January 4 , 1980 - C f-7 F=W F-s r-, U. H Z 0 0 o F-1 r-( Pi ,--D F• U, m H (a O 0 o 0 c REFERRALS RECEIVED County Attorney (Plat only) County Health County Engineer Soil Conservation Service Attention: Dick Ontario 4302 West 9th Street Road Greeley, Colorado 80631 State Fish and Game Attention : Dick Bogart 6060 Broadway Denver, Colorado 80216 Colorado Geological Survey Dave Shelton 1313 Sherman Street Room 703 Denver, Colorado 80203 Irma White Box 343 Ault, Colorado 80610 ��r'• DEC 1079 PH \E i333i 35E-4300 �'w (cc RECEIVED ; .' 915 10-.., c-.,: `J a Weld County GREELEY,COLOR ADC) E P11%[I7—3 c`� Planning Cnmmissse® L ® . lc�pc62SZL2o�3 ASE NUMBER SUP-407 :79 : 28 COLORADO REFERRAL December 4,' 1979 TO WHOM IT MAY CONCERN: Enclosed is an application from State Highway Department for a special Use P Irmit for Open Cut Mine Permit for Borrow Pit The parcel of land is described as Pt. NA NW%, Sec, 14, T8N, R58W The location of the parcel of land for which this application has been submitted is 3% miles north of New Raymer This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by January 4, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1 . We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . ✓ Please refer to the enclosed letter. Signed ?mot •Agency „ 24 ,'eiDate /2 -/0- 7 ? , b� U, Q . Assistant Zoning AKinistrator �� PHCAE .303 35E--;DD OF DEC 1Si9 �r 9;5 10--- O, fir BT�C�� e9GREELEY,COLORA�� E., jWeld CountyED Jog. rae0ingCo��issio® �� CASE NUMBER SUP-407 :79 : 28 COLORADO Z�z �� REFERRAL December 4,' 1979 TO WBOM IT MAY CONCERN: Enclosed is an application from State Hiahway Department for a Special Use P Irmit for Open Cut Mine Permit for Borrow Pit The parcel of land is described as Pt. NW% NW%, Sec, 14, T8N, R58W The location of the parcel of land for which this application has been submitted is 31/2 miles north of New Raymer This application is submitted to your office for review and recommenda- tions. Any couuuients or recouuiiendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by January 4 , 1980 so that we may give full consideration to your recommendation. Thank you very much for your hel and cooperation in this matter. 1. �We have reviewed th e proposal and find no conflicts with our interests . 2. A formal recommendation is under consideration and will be submitted to you prior to • • 3 . P1 ase refer to the enclosed letter Signed Agency Date /*/77 Assistant Zoning Administrator Lj mEmoRAnDum W(:'illilik To Vickie Traxler Date January 4, 1980 COLORADO From Gilman E. Olson, Utility-Subdivision Administrator Subject: State Highway Department S.U.P. (Gravel Pit) From information at hand, and after an on site inspection, there does not appear to be any engineering problems created by this request. Load limits should not exceed the weight that all County bridges, cattle guards, d roads are capable of handling. i 0). /47.'1'W-`14 Gilman E. Olson Utility-Subdivision Administrator GEO:sad JAN 1,..8o 80 ' cr RECEIVED Y1 Gc'1 Ccenti ::' `�c , EdLIrillcn CODDISSIOD l) cN r'L=tiFT'-'E \'T OFo 345 61m �L ° ^ PHONE '303. 055-4300 L JO,9\\\ a 51 — �Vr��,19a° G EELEY,COLD=�� -'1 I I ® 4 CASE NUMBER SUP-407 : 79 : 28 COLORADO REFERRAL December 4,' 1979 TO WHOM IT MAY CONCERN: Enclosed is an application from State Hiahway Department for a Special Use P Frmit for Open Cut Mine Permit for Borrow Pit The parcel of land is described as Pt . NW4 NW4, Sec, 14 , T8N, R58W The location of the parcel of land for which this application has been submitted is 31/2 miles north of New Raymer This application is submitted to your office for review and recommenda- tions. Any couunents or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by January 4, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recouwiendatiom -is under consideration and will be submitted to you prior to • • 3 . ✓ Please refer to the enclosed letter. Signed d '�'�`� Agency L4P4/ 'o e44., Date /• J Assistant Zoning Aininistrator BOARD OF HEALTH Weld County Health Department David Werking, DDS, Greeley William Buick, Roggen 1516 HOSPITAL ROAD Charles W. Juels, MD, MPH Fran Christensen, Eaton Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., JD, Greeley Annette M. Lopez, Greeley (303)353-O540 Herschel Phelps, Jr. MD, Greeley Kathleen Shaughnessy, PHN, Ault January 3, 1980 Arthur G. Watson, Platteville John M. Wheeler, Greeley TO: Vicki Traxler, Assistant zoning Admin. FROM: Ron Stow, Supervisor, Environmental Health RE: SUP-407:79:28 The Colorado Highway Departments special use permit proposal for an open cut mine permit north of New Raymer has been evaluated with the following comments. 1. An air quality permit for fugitive dust emissions must be obtained from the Colorado Air Pollution Control Division. 2. We assume that any on-site sewage systems will be of the portab,e type. Any permanent system will require to be permitted though this department. JAN 7, oo ic?ZeP e° (b) Aor p, �ic)®c)619� 1,(1\2/ S4 •' .DECO 0 e RICHARD D. LAMM * C JOHN W. ROLD GOVERNOR i* , .,- * Director lg76 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 January 8, 1979 Ms. Vickie Traxler Weld County Planning Department 915 10th Street Greeley, CO 80631 Dear Ms. Traxler: RE: SUP-407:79:28, LINDSEY PIT The State Department of Highways has applied for a special-use permit to operate a borrow pit in the NW/4 NW/4 sec. 14, T8N, R58W (Raymer NE quadrangle). This 4-acre tract adjoins an existing gravel pit on the site and lies on rather extensive gravel deposits derived from the Ogallala Formation to the north. Accord- ing to the topographic map, the pit site will lie between 60 and 80 ft above the level of South Pawnee Creek. The pit will thus lie well above the flood plain and will not intersect the ground-water table. The mining and reclamation plans call for rehabilitation of both the new site and the older excavation. I see no geologic problems involved with operation of this borrow site. Sincerely, Stephen D. Schwochow Engineering Geologist SDS/gp cc: Land Use Commission 4� ), JAN 180 RECi1ViE�� Conory cc) Finning Con;issZn ti 2,201 , GEOLOGY �J STORY OF THE PAST . . . KEY TO THE FUTURE P ��. United States Soil kkt) Department of Conservation Agriculture Service 4302 W. 9th St. Road, Greeley, CO. 80631 December 6, 1979 Milto Baujigartner, President West Greeley Soil Conservation District P. . Box 86 Gree , -CO. 80632 I reviewed the State Highway Department Special Use Permit application for an Open Cut Mine Permit for a borrow pit to be located in the NW-4NW' of section 14, Twp. 8N, Range 58W, 32 miles north of New Raymer, Colorado. The proposed reclamation plan in the application meets or exceeds current critical area treatment standards and specifications recommended by the Soil Conservation Service. It is stated that the borrow pit will be used on a periodic basis, with spacing between extractions maybe as long as a year. The plan states that overburden will be stripped and stockpiled as extraction takes place. If a large area is to be stripped prior to extraction, and is to be left open for an extended period of time, some intermittent action may be required to preclude wind erosion, since the soils at the site are susceptable to wind erosion. All other portions of the plan seem to be in order and require no further comments. Sincerely, 2 z,..4")7Ad-e(.*-f-_,- R nald D. Miller District Conservationist Greeley Field Office RDM:jb c: Weld County Planning Commission/ 0 v DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 np g) . COLORADO December 5, 1979 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from State Highway Department for a Special Use Permit for Open Cut Mine Permit for Borrow Pit on property described as follows : Pt. NW% NW%, Sec. 14 , T8N, R58W The location of the parcel of land for which this application has been submitted is : 31/2 miles north of New Raymer If you have any suggestions or objections , will you kindly notify us in writing before January 4, 1980 . The meeting by the Weld County Planning Commission is scheduled for January 15 , 1980 . This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1: 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext . 404. ctudo Assistant Zoning Administrator ('(`• Can - P/1 /7R State Highway Department SUP-407 :79 :28 SURROUNDING PROPERTY OWNERS December 5, 1979 State of Colorado 1313 Sherman Street Denver, Colorado 80203 Famie Box P.O. Box 6 New Raymer, Colorado 80742 Town of Raymer New Raymer, Colorado 80742 Harry L and Lena E. Lindsey P.O. Box 75 New Raymer, Colorado 80742 / 1,7;i ._ >,; - /, 74/ ' '/;' , r /— //,/,(.4 p z . ?� � � u L //4., Y sf/�1Q/ it 7T T i /O/eV x-7O>" 44° .(--..4,(// - ' // r ///2-')/. o&-/-//7 /-•:y,/ / -/61 - d-0O- O0 / 7/-26 -(€ /,/-2 -2_1 2 c w ll ///✓ 1; Y,; /,�/'/_, Y 2. L t/i �.. b oX 7c i /�J 5-V- "��/ . y ------ - ) /, z 3c v /1 /'r ' Lc t.;, , 11, . t t'C 7- // '4.20 — v . .9' c //-F-s 5&- T /0 lit <5-3/-/O O-Vi(. -JJ /!C L -R'a� ✓ , i_ 1 , ( /.) / • LINDSEY PIT - WELD COUNTY • EXHIBIT A: LEGAL DESCRIPTION The requested area is located in a portion of the N.W. 1/4 N.W. 1/4 Section 14, T. 8 N. , R. 58 W. 14. Present land use (i.e., agrl- agricultural — Grazing - cultural, industrial, etc.) • 15. Proposed future land use Agricultural - Grazing (Goal of reclamation) INSTRUCTIONS: This application and all accompanying materials must be submitted in duplicate. in the interests of efficient processing, please include the following informa— tion b items. Limited impact Operations, see RULE 3 for guidance; Special 10- day Permits, see RULE 4 for guidance. • EXHIBIT A - Legal Description_ The legal description must identify the affected land and be wholly adequate for field location of the property. It can be in the form of metes G bounds survey or a description by reference to township, range, and section, to at least the • nearest quarter-quarter section. Where applicable, the street address or lot , umber(s) mai be used. • CXPIBiT B - Mining Plan his can be a general discussion of the methods, equipment. phases or stages of the .peration and those portions of land affected by each. The plan should be • correlated with the map and should show where extraction will begin, and which direction, if any, it will proceed. • EXHIBIT C - Map This map should clearly define permit boundaries and indicate all roads or stockpile areas to be used in connection with the operation. All immediately adjacent landowners '-est be shown. The quarter section corner, section line, or-any other locateable points ;could also be shown on this map. EXHIBIT 0 - Wildlife, Water Resources, Vegetation and Soils Information Each of the above-mentioned subjects must be addressed as outlined in the applicable RULE. EXHIBIT E - Reclamation ?Ian As with the mining plan, this should be a general discussion of the methods, equipment, phases or stages of the reclamation process and those portions of land affected by each. 4., if possible, the plan should be closely correlated with the map. If not, the narrative -east be comprehensive enough to draw an accurate verbal picture of the expected appear- nce of the area after completion of reclamation. EXHIBIT F - Proof of Local Government Approval .This must be a letter from the local government specifying conformance with existing zoning regulations. (It is intended that operators may obtain local government approval concurrent with the Division's processing of the application. To do 5q, the operator must submit evidence which indicates that local govt. approval is currently pending or will at least be considered within a reasonably short time by the appropriate governing body. . .RULE 1.1(10) (Consult this RULE for full details on this requirement.) EXHIBIT G - Source of Legal Right to Enter This cau::1 be a copy of the lease, deed, abstract of title, or current tax receipt. An acceptable a1terr tive would be a statement acknowledged by a notary public that the operator has the legal right to enter and mine. EXHIBIT H - Reclamation Costs If the surety is requested to be less than $2500, the operator must submit facts to support such a request. Otherwise, a surety of $2500 will automatically be set. *5* FOR SPECIAL 10-DAY (ill) PERMITS ONLY *** XHIBIT I - Terms of Governmental Contract ar Special 10-Day (111) Permits, the operator must submit a copy of the contract or her proof that proves the necessity of a special 10-day permit. The operator must iso submit evidenea of the surety provided under the governmental contract, if it was required. NOTICE PROCEDURES After the application is considered "filed" (pursuant to RULE 1.1(10) with the Mined Land eclamation Division, notice procedures outlined in RULES 3.2 G/or 4.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR staff informing you of the completeness ("filing") of your application. ADDITIONAL INFORMATION :his space can be referenced for further information of any of the items on this form. • To the best of my knowledge, all the information presented in this application is true and correct. • BY TITLE. (Signed by indiv,dual legally author • - ized to bind the operator to this application.) 7/78 , LIMITED IMPACT (110) and SPECIAL TEN-DAY (11i) PERMIT APPLICATION FORM State of Colorado Application for Mining and Department of Natural Resources Reclamation Permit, pursuant MINED LAND RECLAMATION BOARD to CRS 1973, 34-32-101 , et seq 1313 Sherman Street, Room 723 Denver, CO 80203 (303) 839-3567 • The following explanations cover Limited Impact applications (110s) and Special (Ten- Day Processing) (ills) applications. In the interests of efficient processing, please check the appropriate box to indicate which type of application you are applying for here. I X . LIMITED IMPACT OPERATIONS must disturb LESS THAN ten acres (including all roads , stockpile areas and any other surface facilities) over the life of the mine, and must extract LESS THAN 70,000 tons of mineral , - overburden or combination thereof per calendar year. If the affected area is some fraction greater than nine acres , be sure NOT to round this figure out to ten acres in the narratives or elsewhere. SPECIAL (TEN-DAY PROCESSING) operations must disturb LESS THAN ten acres + (including all roads, stockpile areas and any other surface facilities) , and can ONLY be obtained where a federal , state, county, city, town or special district contract calls for work to be commenced within a SPECIFICALLY SHORT TIME. (Type or Print Clearly) 1. Name of operation Lindsey Pit (Pit, mine or site name) 2. Name of applicant/operator Division of Highways (Name to be used on permit) State of Colorado 3. Address and phone number of 1420 2nd Street, Greeley, CO. 80632; P.O. Box 850 local offices • Ph. 353-1232 4. Address and phone number of 4340 E. Louisiana, Denver, CO. general offices Ph. 757-9224 5. Name and phone number of person Ken Geisert staff members should contact 757-9224 b. Owner(s) of record of affected land (surface area) (If more Harry L. Lindsey & Lena E. Lindsey than 2, list below) 7. • Owner(s) of substance to be mined Harry L. Lindsey & Lena E. Lindsey (If more than 2, list below) 8. Source of legal right to enter (Indicate what type of proof is Lease Agreement with Option to Buy Material included in EXHIBIT G - lease, deed, notarized letter, etc.) 9. Type of mine & substance to be • mined (Specify underground, strip, Borrow Material open pit, etc. & substance(s) to be mined) Open Pit Ilk. General location & elevation (Miles & direction from nearest Approximately 4 miles north of Raymer town & approximate site eleva- tion) Approximate elevation 4655 11 . County Weld 12. Acreage of affected lands (Total surface acreage to be • Approximately 4.02 acres included in permit) 13. Application fee (See applicable RULE to determine amount) (over) LINDSEY PIT - WELD COUNTY EXHIBIT B: MINING PLAN Access to the affected area will be from County Road 94 along an existing private road to the pit area. It may be necessary to improve the private haul road prior to hauling. There is no specific area designated as stockpile area. The highway maintenance forces or contractors will be allowed to select the location that best fits their operation, providing they remain within the affected area. The following outline of general requirements will be used as a guide for the mining operation in the area. However, those doing the excavation will be given latitude as to the sequence of operations, methods, and equipment used. A) Prior to excavation in any undisturbed portions of the pit, the top three to five inches, approximately, of overburden will be stripped and stockpiled. B) The exposed borrow material will then be removed. C) The excavated material could be hauled directly from the area, or it could be stockpiled and then hauled from the stockpile as it is needed. D) When the borrow operation is completed, the site will be reclaimed in accordance with the reclamation plan. E) The following types of equipment could possibly be used in the permit area: dozers, front end loaders, trucks, motor graders, farm type tractors, seed drills, mulchers, and fertilizer spreaders. F) There is currently no specific time as to when mining will start in the area. Operations in the pit will be dictated by the need for repair, construction, and maintenance of highways in the area. It is possible that there could be a span of a year or two between borrow operations, which will be of short duration and would not total 180 days in any one year. LINDSEY PIT - WELD COUNTY EXHIBIT C: MAP Location map on following sheet. Site map in envelope at back of application. I �y Oe L /!11 26 30 29 b 26 t] 26 t 26 �a ]0• 2f 27 \-•21,, 1110 C 7i II •t i 6 •ye fll r I` A , \ / a, r —At !I 7= ]! !t 35 S{ 31 33 SI a• S t •-‘)g ( \\ • 101 II Q • I7 \_&,..1:• 7 6 \1 q , 111 •II IL 11 . 4.. 2' • 0 l I7 II h 16 � 15 N I316 IT le CI N \ Ia 16 T.10 N. r/ 3 • --------- rn� .47'•-/ . 7 e Pawnee�� Buttes 1// N ^ 11 ^ Is, -'W 20 %-k II k 23 24 S. IS 20 21 2L =] {21 It 2 I— Pawnee 11 P A W N E W I I x /s, •�==x 111 But es ' CSIX - 2911 \ --�i 27 26 25 30 29 26 57 26 25 S0 2„LSI, al sx P "" 34 ]s as al az ]] I 3.4/ 35 s{ sl } 2 I' LINDSEY PIT - WELD COUNTY 6 5 4 S -Al. t 1 6 s INDEX MAP 0 -I OPERATOR: STATE DEPARTMENT OF , 1011 ti 70 HIGHWAYS 0 h k• lc i DIVISION OF HIGHWAYS , f0°IS h O It la 11 I Ia 16 V'STATE OF COLORADO T.9 N. ' j" SCALE: 1/2" = 1 MILE � _ ..n.�: .._.p.�.r�......._.� it ...• II 1I 11 . /i9 1 I• 20 21 xl'j" zz 23 •' t. II DATE: AUGUST 28, 1979 11 1I II II y! 1� wl ___----,4"4 SECTION: 14 N. \ N. 90 r 30 29 2• =7 26 23 I TOWNSHIP: 8 NORTH NI �11t ==f v===== II RANGE: 58 WEST ' II , at !> a1 s= 33 \ 31 75\ as II II k _4- Second ;, ] it 'I ;, '• —fIt---- -avi-3; PIT LOCATION •in C. L 11 6 Se. 6 1 \ill 1 I 1 3 \ II 11 7 ■ 9 10 j ••••"iT- i2 7 e I I 9 ! 11 ! ♦_= e NI _xr�2_ im. !, 11 '!, Creek 11 I !�' ,F�w _1(z�. ne 1. " ts Ill II li 16 13 14 .2ltk ••1! 16�II •17 II II IS '';',7P" a IS 11; h II , II 11 1 i .....\-K T.8 N. II -x112-\ I11II rL _3 x 24 20 h 20 tt tS 1 24 19 11 20 II II x112 I II II ii e TOBRIGGSDALE f- _. ! L JL_--- JG 13 • II i _ _ Lax 1 I{ 11 ! . II. ! --s• I— 30 \ 29 • 26 1 27 26 I 25 SO 11 I• - 3 11 II 29 26 27 26 25 30 29 C II , I I, . Y 11 4` I II I I 11 .1.• a GD ;I • x -x x- •a [WC21MGN1M - 1 \•. 11 .__`` II \ PND �X SI 52 �!1• !{ �] - 06 !1 32 ]a SI SS II 36 32 ` — 1.7- •• • 1{�}`L— =[-- - 6 3 ! { ! CHrCgG, 1 ;I 6 a GICI ,•N.-1•-- 2 ! O �. • — >Ili" I I BUREIN R4rMER ! •POP Sz 1 , x 761' • F{] - •• , •1 . 7 9 • 1 9 ////l0 11 1 12 4:1' o • ' ! 10 I 11 • a 7 I e 1 ! 1 ! ! 1 1 • _ _ 16 17 1 I{ la N 1 IS 16 •17 1{ ! IS •1 11 ! rs ta , 17 . .1` ` •1 ! 1 • • • . y2 T.7N. ! Q , • ii I ! 19 20 '. 21 I 22 23 , 24 ' 19 20 I� r, • 22 23 21 II , 20 I ! ! ! \ II I i ! • ! I 1 Cl !0 x = 29 , • 27 l 26 , =6 SO ,�I 29 II ! 27 ! r6 ! 2s\ 30 \ ! II 1 ! ! II ,� • ., . •! y -.,i I , _-'llx •�- 1. 1 II• i sr —!•;(��•DI II 35 33 ! 3• 36 ! 51 l ]2 ! 33 34 II 35 , 36 n 3I 1 Sr II ; � Iw :! •211x- II ml IIR 59 W. " R 58 W." k` 2I M ORGAN t� ( SHEE J I IOIx00` tto LINDSEY PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION 1. WILDLIFE Please see attached statement from Division of Wildlife concerning wildlife impact for the area. 2. WATER RESOURCES Since our excavation will only involve removing material from a dryland hill there should be no appreciable impact on ground water or drainage in the area. 3. VEGETATION The location that we propose to permit is presently three distinct areas. The U.S. Soil Conservation Service ran a range condition inventory on the area and furnished us the following vegetation information: A. The unworked portion of the pit is presently undisturbed dryland pasture that is in good range condition with scattered ground cover. The vegetative species observed were: COMMON NAME ESTIMATED % COMPOSITION BY AIR DRIED WEIGHT Needle-and-Thread 1 Blue Grama 60 Western Wheat 5 Red Three Awn 10 Buffalo Grass 10 Sedge T Skeleton Weed T Hairy Gold Aster T Penstemon T - Vetch T Loco Weed T Pepper Weed T Bush Buckwheat T Fringe Sage T Slim Leaf Goose Foot T Wild Onion T Prickly Pear Cactus T Wild Alfalfa - T Snake Weed 2 LINDSEY PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION "CONTINUED" COMMON NAME ESTIMATED % COMPOSITION BY AIR DRIED WEIGHT Yucca T Sunflower T Other Forbes and Traces - 5 Sand Sagebrush 1 Wormwood Sage 6 B. The second area has been disturbed and some material has been removed. It is in poor range condition with rare ground cover. The vegetative species observed were: COMMON NAME ESTIMATED % COMPOSITION BY AIR DRIED WEIGHT Red Three Awn 5 Bottle Brush Squirrel Tail 5 Blue Grama 3 Buffalo Grass T Sedge 2 Fetid Marigold 5 Beggarticks 3 Blazing Star 2 Kochia 5 Bee Plant 12 Russian Thistle 5 Skeleton Weed 5 Snow on the Mountain 10 Wavy Leaf Thistle T Silver Leaf Poverty Weed 5 Bush Buckwheat T Snake Weed 5 Hairy Gold Aster 3 Prickly Pear Cactus T Yucca 5 Fringe Sage 10 Other Forbes and Traces _ 5 Sand Sagebrush 5 C. The third area was mined out years ago and we will be utilizing it as a stockpile and parking area. It, also, is in poor range LINDSEY PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION "CONTINUED" condition with rare ground cover. The vegetative species observed were: COMMON NAME ESTIMATED % COMPOSITION BY AIR DRIED WEIGHT Needle-and-Thread T Little Bluestem 1 Blue Grama T Side Oats Grama T Red Three Awn 30 Western Wheat 2 Buffalo Grass T Sedge T Prairie Coneflower T Blazing Star T Penstemon 1 Prairie Sunflower T Wavy Leaf Thistle T Kochia T Russian Thistle 3 Wild Alfalfa 2 Loco Weed T Hairy Gold Aster 1 Gumweed 1 Cryptantha T Vetch T Skeleton Weed - T Fringe Sage 1 Prickly Pear Cactus T Slim Leaf Goosefoot 1 Snake Weed 40 Yucca T Other Forbes and Traces 6 Sand Sagebrush 1 Wormwood Sage 10 4. SOILS Information obtained from the U.S. Soil Conservation Service states LINDSEY PIT - WELD COUNTY EXHIBIT D: WILDLIFE, WATER RESOURCES, VEGETATION, AND SOILS INFORMATION "CONTINUED" that our proposed pit area is located in a loamy plains range site. The soils are an Otero-Tassel Complex. The Otero soil is deep and well drained with rapid permeability, moderate available water capacity, slow runoff, and slight water erosion hazard. However, the hazard of soil blowing is high. The Tassel soil is shallow and well drained with moderately rapid permeability, low available water capacity, medium runoff, and moderate hazard of water erosion and soil blowing. This type of soils unit is used as rangeland. 9 0 WILDLIFE ATEMENT FOR MINE PERMIT APPL] LION 1. Mine Company Department of Highways NW 14, NW 14, Sec. 14, T8N, R58W, Weld County . 2. Mine Type and Location Sand, gravel, and fill • 3. Duration of Operation Indefinite • 4. Total Area_Disturbed 8 acres 5. Wildlife Species List Antelope, coyote, fox, skunk, small rodents, raptors, and songbirds 6. Endangered Species Impacted No known threatened or endangered species - 7. Assessment of Mining Impact on Wildlife This pit has been used off and on for several years; actually it is in a rather poor condition at the present time. Therefore, after termination of mining, it will probably be better wildlife habitat than now. 8. Proposed Mitigation Measures Including Reclamation for Wildlife Habitat Since this is an old pit that has fairly well gone to weeds, almost any reclamation should improve it. • Prepared by Don Bogart '•�1 Title Environmental Biologist Date July 11, 1979 • LINDSEY PIT - WELD COUNTY EXHIBIT E: RECLAMATION PLAN This proposed pit is located ina hilly breaks type area of northeastern Weld County. It appears that there was a deposit of gravel out near the point of the hill or ridge which was mined several years ago. The floor of this excavated area is relatively flat. We propose to continue the excavation back into the hill, leaving a flat or gently sloping bottom. The reclamation plan for the area will be to reseed it to grass. At the present time we anticipate that work in the area will be accomplished by our maintenance forces. If this is the case, the pit could remain active for several years with very little final reclamation done until our operation is completed. The reclamation will include the following: 1. The top three to five inches of overburden, approximately, will be stripped and stockpiled. 2. All backslopes created by our excavation will be left no steeper than 3:1. 3. At the completion of our operation the stockpiled overburden will be uniformly spread over the areas from which it was removed. 4. The area covered with the stockpiled overburden, and the adjacent areas that were previously excavated, will then be seeded, fertilized, and mulched in accordance with the following plan: COMMON NAME SCIENTIFIC NAME VARIETY RATE - PLS/ACRE Blue Gram Bouteloua Gracilis Lovington 1.3 Buffalo Grass Buchloe Dactyloides 1.6 Sand Dropseed Sporobolus Cryptandrus 0.02 Western Wheatgrass Agropyron Smithii Barton 4.0 Total Lbs. PLS/ACRE 6.92 Lbs. Mulching Material: 2 tons/acre native hay or straw Commercial Fertilizer: To be determined by commercial tests prior to application. 5. The seeded area will then be fenced until the seeding is established. LINDSEY PIT - WELD COUNTY EXHIBIT F: PROOF OF LOCAL GOVERNMENT APPROVAL Application has been made to Weld County. When their approval has been obtained, a copy will be forwarded to the Mined Land Reclamation Board. LINDSEY PIT - WELD COUNTY • EXHIBIT G: SOURCE OF LEGAL RIGHT TO ENTER Please see attached copy of "Lease Agreement with Option to Buy Material" dated June 15, 1979. CD J I r\I L UI L U L U I V\V U ___ �? QEPARTMENT OF HIGHW y1'' "'S�j PIT iENTIFICATION Lindsey Pit DIVISION OF HIGHWA v DOH Form No. 787 03 District 4 Maintenance February, 1979 ^ .,UL c. -COX aLllj* A LEASE AGREEMENT WITH ;3 pig .;OPTION TO BUY MATERIAL THIS AGREEMENT is made and era ed into this 15th day of June , 19 79 , by and cs between the Owner(s): Harry L. or Lena E. Lindsey C'1 1 CD whose mailing address is: P.O. Box 75 New Raymer, Colorado 80742 GN :—� the Mortgagee: and the STATE DEPARTMENT OF HIGHWAYS - DIVISION OF HIGHWAYS - STATE OF COLORADO, 0 hereinafter referred to as the Department. UN WITNESS THAT: The. Owner(s) for the consideration of Fifty Dollars ($ 50.00 ) and further agreements hereby leases to the Department an exclusive Option o for the purpose of purchasing, processing, producing, and removing such material located on land described as follows: N.W. 1/4 N.W. 1/4 Section 14, Township 8 North, Range 58 West o. S- 0 In the event the Department desires to purchase any material located on the above described land, the Owner will be paid a royalty fee at the following rate: (a) Borrow Material at Ten (10 ¢) per Cu. Yd. (b) at ( 0) per (c) at ( ¢) per This Lease Agreement With Option To Buy Material shall commence on the day of this agreement and remain in force for a term of 3 years, terminating on the 30th . day of June , 19 82 , at 12:00 noon. If a contract has been awarded and the subject material is being used or is to be used, the expiration date of this Lease will automatically extend until the work is completed for that particular project. The Department shall have the right of ingress and egress to and from the subject premises and to erect any temporary structures, such as screening, crushing, and/or asphalt plants; to stockpile material in an area of sufficient size; and to employ any reasonable methods for the removal of said material. Colorado Mined Land Reclamation Rules and Regulations will apply. - This agreement and any State, County, or Municipal Permits obtained by the Department are for the removal of material for use on Department projects and maintenance only. It is understood and agreed that, upon the award of a contract by the Department to a contractor for the construction, improvement, and/or maintenance of highways, the Department may assign to the contractor all its right, title, and interest under this agreement, insofar as the same shall be applicable to contracts awarded the contractor, who may reassign such agreement to subcontractors working on said projects. If the Option is exercised by the contractor or any subcontractor, said contractor or subcontractor shall have the right to extract all materials needed for the projects covered by the contract awarded by the Department, subject to all the terms of this agreement. Page 1 of 3 doorwrk DOH Form No. 787 Y'/SSE 3 -A PIT NTIFICATION Lindsey Pit District 4 Maintenance SPECIAL CONDITIONS: 1. Prior to excavation in any undisturbed portions of the pit, the top four inches .(4") , approximately, of overburden will be removed and stockpiled. 2. Pit and pit area will be smoothed up and left in a neat _condition. Any backslopes created by the excavation of borrow material will be left no steeper than 3:1. 3. At the completion of the borrow operation and prior to the final release of the option, the stockpiled overburden will be uniformly spread over the areas from which it was removed. 4. The area covered with the stockpiled overburden, and the adjacent areas that were previously excavated will be seeded, fertilized, and mulched. 5. In addition to the initial fifty dollars paid by the Department to the owner for the lease agreement with option to buy, the owner will be paid an additional fifty dollars ($50.00) prior to July 30, 1980, and an additional fifty dollars ($50.00) prior to July 30, 1981. • 6. In July of each year that this agreeme it s,i ffe5t the Department CJm� a' �� will review the royalty fee per mop id by Departure `t for borrow , in the area. In the event there has been a change in price during the previous year, a rider to this agreement will be exercised adjusting the ten cents (10¢) per cubic yard royalty fee. Page 2 of 3 .c.. .�`. , . l., —+ DOH Form No. 787 PIT T^FNTIFICTAION Lindsey Pit 5001( 874 Dis,L.Lct 4 Maintenance The Owner hereby warrants that he has good title to the above described premises, that he has the lawful right to grant this Option, and that he agrees to hold the Department harmless from any and all claims from others asserting any interest in the subject land. STATE DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS STATE OF COLORADO OWNER(S) L.Q.,;21,C1 (Signature) David N. Fraser By 7-b-0--'1A--e (Type Name) Signature) Maintenance Superintendent Harry L. Lindsey (Title) (Type Name) *** (Mortgagee) By By ��i,1-et., (Signature) (Signature Lena E. Lindsey (Type Name) (Type Name) (Address) *** STATE OF COLORADO ) )ss. County of ) The foregoing instrument was acknowledged before me this day of 19 , by , and and Witness my hand and official seal. My commission expires , 19 • Notary Public• DISTRIBUTION: Original - Dist. Matls. Engr. (For Recording) 1 - Each Owner 1 - District Engineer 1 - Design Engineer 2 - Dist. Const. Engr. 1 - Dist. Maint. Engr. (Maint. Pits) 1 - Each Holder of Mortgagee Deed Page 3 of 3 A I'I'I. I (:A II I : STATE HIGHWA5 'ARTMENT 'I' I P1 I: : 2: '.M. c)c)(:l. 1.:'I'1180-11 I)A I'I. : MARCH 5, 1980 It Full 1::: I : SUP — Open Cut Mine Permit Borrow Pit NAPA: AI)I)hl•:SS G /GS -37c J Z"� 7 "'% v i -, > ` 4.c M H I H !3 0.- 0 — J CI c» 80--11 - - Lug N O Y a ¢ R. W''- ~ cs� rd tt c "'ir o� R"� ro SENDER. Complete items 1,2 and 3. Mfr s tv Co w w a - aff --7-1 .- w „ • Add your address in the"RETURN TO"apace on I,-4 Wg r N w > Lu r =� b= tu reverse. U �m CC O p y o b sa x,--_ Tic to 3 _ o CC "i 8 o a w w o0 e; -62� tEGE a a m 1. The following service is requested(check one. O za co U o ° 0 Ls No b''�� yoW 0 a Show to whom and date delivered —4 -- LL �� y..!0 a ❑ U ¢ ¢ ¢� n . O Show to whom,date and address of delivery —G p~ H® z LL 0 ¢ 331A113S ld1333a 601101311 a (, O RESTRICTED DELIVERY al = ow a a ¢ at m Show to whom and date delivered —C • ® F o w ~ a S33IA113S 1tl�3OI1d0 4- m 00 RESTRICTED DELIVERY. LIJ 0:4 II "` LL CO� o $333 ll®1 T131Stl�d1S0d 110SNO3 ° Show to whom,date,and address of delivery.$-- r" 9L6I xdV'008£ (CONSULT POSTMASTER FOR FEES) J - 0- 0 0 0 - 0- 0 0 2. ARTICLE ADDRESSED TO• Q N M Harry L. & Lena Lindsey -.�.�w ^ n P. 0. Box 75 w �� 0 `fl zco New_Raymer, CO 80742 _ , _ d a w P I"E o„ 3. ARTICLE DESCRIPTION r W® y ¢ o Wy o ¢y REGISTERED NO. CERTIFIED NO. INSURED NO _ w us=la- 0 o W W o �� o W� 032 108 U ow [[ goo > ❑ =o � _� o , �� U N -,-,=, — w �oe x �' O (Always obtain signature of addressee w agent) .▪ CC W i N ,� '�v o_ a) w w0 W P_&-' ,1=3 - W � , , la • ca ao o LL a Q J �o ''---7'= =oW m I have received the article described above. -_ -L` z a all W U F mm m.44 mm m¢= F n 7T SIGNATURE DAddresaee ❑Authorized agent I-- He 4z LL Cl) 331A113S 1d133311 Na013a g n it za O •r'a 0 Q w R _ LT, ~ •n S33QA113S liflt1011d0 a z j�/'{C/f, N. O LYd = b'i CLI W 0 Z 8 O o 4 A E DSO+'"'Y RK (c �oi ' a a S33i LION�31S�C11S0d 1111Sf,O� !- a m // ( / ,v.e•".,s ), v, 9L6I'.idV'008£° t7 _l,[2/ _t)rlr t i D ' Z 5. ADDRESS(Complr1 only if rorrOrrd) - _ O n ,' • J I cr ,c.,. c,. (=,. cf 0. rr I Z , r 3 / Q ••I• d -71 5. UNABLE TO DEt IV ER B CAUSE4 CLERK S ® N m ` tl, _ INITIALS EA -- U" at 00 .., o c c r rr ,..4, tV y a ¢ i s 1 V3Po 1979-288848 rr � `1 It o ...i..._ o c w� 133 = > I1 Ow > > c o!, 20 o w g;).7.7; O N U ❑ ¢ !Q s o s.- oco LL p WO� ro Sa ILL w o W o& on 2�' e F 80-11 LL xn 924 O ❑ a O osn'� so s�� zc e X �SENDER: Complete ite,na I,2,and 3 ri z z ❑ v Cr o ,00 ,Q� • a CC T Add your address in the"RETURN TO"space on ▪ =a- ❑i-i �'a w w m h o ° teverae d H® o a ro Lu w L ¢ 33IAll3S 1dI33311 WEIR) r" L1J c 0 w ,_ a w a w I. The following service is requested(check one.) C W z z 3 moms 1tl1V011d0 F y Show to whom and date delivered —Q Z H z ° 2 S333 1104?1931SG6911SOd 110SNO3 ° q g` U Show to whom,date and address of delivery —a 9L6I .rdV'008£t m ❑ RESTRICTED DELIVERY ___ m Show to whom and date delivered..... —.Q J 10 0 0 0 ,} 0 0 O RESTRICTED DELIVERY. Q Show to whom,date.and address of delivery.$__-- N ' v J co .- (CONSULT POS i`1ASTER FOR FEES) - . — —e rd d-cs> co Lll gm 0 0 - -- -- - —_ - J O 2. ARTICLE ADDRESSED TO: 0 W c o xi• LT) w z �' a > a a .qE m Famie Box Q fan ro w C. �' oN W�� M C W �g ao>i 0 w 0 ¢ > a d� dw= w n P. 0. Box 6 U oW CC a inn > o =o = =oo o New _Raymer, CO 80742 w� N ^a w o w o� �� g a A 3. ARTICLE DESCRIPTION v -- N w l- - is i w O m INSURED NO REGISTERED NO CERTIFIED NO. •. �® •0 OZ (U ❑ill U F¢- v"5 m< mm. rsi'az Q C a Ma �z �a �w LI w ¢ 331A113S 1d13331)111111311 mLU CO I- Q a 1 0321106 — LI U o U m 3 S33QA113S ltl@1011d0 - v? _iAlrvays obta,r signature of addressee or agent) ® Le:, ca FE wit') •°a z° $333 1103 a31S�Ud1SOd 110SNO3 0 0 -1 I hive received the article desrnbed above x p f SIGNATURE DA1dressee ()Authorized agent i 9L6I zdV'008£c 0 %) J I cs e. cs rs c.,. a. rr 2, ATE OF DELIVERY ,.,,,J. (t r POSTMARK <1.:Al 2 �L- it. `5�" w.1 3.2 5. ADDRESS(Comaiats only if ra�u t ' -,, 0 j m • rfl ffl 0 '4 t J.a c'- 1 0^ {^' __ Ift LL C r'' 0 1 1, " J 1- kc W .g.? W o y r o `� �; T BECAUSE?' I ERK'S g I— C cc 6. UNABLE TO DELIVER BECAUSE. w �a cc } 11 a o} o� �,>. W C . I INITIALS WZ a O ,LLLe. >- r . c ap W 1 U ?C'Lim C C w W . o -...z, w ; ` / a: • W > ❑ x g _ 00o I D O �� X '� L W w❑ H .et 'r F L- oe3E' I ' GPO:1979-2$8848 .,' LL' QO 00 -CI ¢ U iJ y. ya al o ,.si¢z t2 CC I— O.'W ❑ U cc ,nc m.w C d y® z❑ cg• a - a w 33)A113S 1dI333a N11013a r" 2 L33 .E a o Flo a.w m cc 2 w ® W z w ii- 0 S331A1i3S 1i₹illad0 -' 3 4 cc ai v� °a $333 1103 1131SVELLSed 111AS'd03 �o LL 9L6I JciV'008£wso3 Sd ,—I H !f H I t }Roff O W I I Hi O n ' 00 a of M _. III Y Y �' i°I � 0.m ii I A. R m a .� op0 7 a U Z 404 x °� 21 0 .,. O CL I o j . '`> ai1J t VI CAA ° p v g O A v ,`' ,—I '41 \ ,g m a el a c d -E E E O E q E O !2 'J,O .,:k..” 0 cn a Aa y R a>...1 7 O L.,] O w O 0. iit Rt 11l - p . I jJ N M'' e"E' eD ;..) ''' t...) r-1 0 •.. 4-He ,4 1.5 O k 1.1 , 1 la itk] OS ^ O O NGc� O v� p J x+ FQ 'L7 r'31' w >I W 0 G� t— a O n FCiJ C~ iA CL FAiJ V F a) N 1= 7 fr. Ie IM l xx v J y Fb❑❑ ❑ rc 4-I rc c- OO ¢� I > g In IO 6 IQ s t i JJ . N tll j„� U I pi VD al I co PS Fora 3811..E0 1879 , v L' RI TUF V R:-.C(aPF T f'1=Ct4 iERE®.Fid'.U..rO A Jb]CERTIFIr 0 MAIL Z _ Y a6 g as gl g r .4 d ; w n w i $ as lidO ,0 u O W q.� ... IV 'G ,4 b a ro �,7 W a Lf� c �g o I ,O�� ',9 ' m «'. W to o a) M .,s o 12 4 r \ x la ^° 9 cJ t cJ O b p p V' y 1 • N IJ u'ti ro « ro Cd JJ N a 1^ r—I I e� l I T V.! O ro n as .0 7 f° 0 IV. . CID p I a IE N i c ,, l I> g r: ro ro w 44 m W C''1 ,, L ,9 F W il_____S 9. E gA EO E R rl S~ Igo cp . I≥ In 3 < • a "ate a v plv �; � o A� JH.... E. o o o o .v a a H a r a z o .C J w > w ��.`.; I O O 2 O O O V Q), LY 10 O � ,.G � F°iJo; vi �I J M Dom ~ �_� v. t- n I4o u '4 a I.J zw �❑❑ ❑ 4 yJ c-,-)Cr- a)14 u 1 3 tJ • ' _ I Cn rl Pk 2 (.. ii iri I to PS Farm 3.111 Jan 979 RETURN R CksPr,RE Cii,f;:,I 9,i, ',I .7 A'1+)CEECTIF iF_0 AVAIL i H y � 0 I x `� II I i � O ;F -;SP. e O=_ . -' r ¢ o I. .•. o �' o b e .,', 0 rs 1.2 G' I N I m 0 y `,e, 111 j fl 4., b > P, 'O w I 1 :Ili ., '.5 M ro t� z v 1.....:71.______ ui 'N r. a O J' ti• aN ^ n \�'O r F� O I I r \,. O , 0- - r CO 11 p I • `i , it 2' � ' - � � ' yl 7. H i"4.u u ro y ro .. I O ,-I c•I I y 'a \; - I a 1- ,.. s F .., � roGWI � ,, ti y 'u CJ c...) ICw c1 T. 1.• J 1: r: LA " d i ! F ! a° E'¢k I p4 a1 Ih c , IU .- 1.0 LI h ty O ..) I it s O p r, O N O Q J 0 It' .. J R' ip 4J w • h to :n ' to d. r p a I n 4 z 4 ❑ ❑ .1 3 3 i� w `I ' r u IQ is O a1 ..I u 0 HZ ear M ^_ _ r - �e Pu I 0"'i 3'M k .is t<1-'19i RETURN k5:CLIPT.+li , , ' v c 'Y; 'l,,,.2 PNE)C..ATIFItO AW11. I Hello