HomeMy WebLinkAbout20053495.tiff DEPARTMENT OF PLANNING SERVICES
1555 N 17th Avenue,Greeley,Colorado 80631
Phone (970) 353-6100,Ext. 3540 Fax (970) 304-6498
USE BY SPECIAL REVIEW (MINING OPERATION)APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED'
RECEIPT#/AMOUNT # /$__ CASE#ASSIGNED: ---
APPLICATION RECEIVED BY___ ____ __ __ PLANNER ASSIGNED: _ ---
To be completed by APPLICANT is accordance with procedural guide requirements
1 I (we),the undersigned hereby request a hearng before the Weld County Planning Commission concerning
a proposed _ __sand and gravel gravel,coal, borrow pit,etc) minng operation for the fdlowng described
unincorporated area of Weld County Amendment to USR-1329
Legal Descriplen _ parts_Of_tbe NW]/4&NEI& Section_3Q, Township_5 North, Range 67 West
Flood Plain Yes Zone District A , Total Acreage: 227 _ ,Overlay Distract_ No ___
Geological Hazard N°____,Airport Overlay District o
2 Surface owner(s)of area of land described
Name see Appendix J _. _Address: 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 Applicant's name Loveland Ready Mix Concrete,Inc. EmailAddress____
Address P.O.Box 299,Loveland,CO 80539 Phone 970-667-2680
5 Identify any prior permits for mining held by applicant or affikated person.
USR 1329-Green/Croissant Sand and Gravel Mine and Reams Mix Concrete Plant(Loveland Ready_______
Mix Concrete,Ingj__
I (We) request that the following descr bed property be designated a Recorded Exemption by the Weld County
Board of County Commissioners I (We) hereby depose and state under penalties of perjury that at statements,
proposals,and/or plans submitted with or contained within the application are true and correct to the best of my
(our)knowledge Signatures of all fee owners of property must sign this application If an Authorized Agentsigns,
a letter of authonzaton from all fee owners must be included with the app aten If a co oration is the fee owner,
notarized evidence must be included showing the signatory has to author r,tne'C"orpor lion
Signature Owner or Authorized Agent Date Sign a Owfrer or Authorized Agent D to
—%Ottere
2005-3495
15
EXHIBIT
•
MI Banks and Gesso, LLC 720 Kipling St.,Suite117
Lakewood, Colorado 80215
(303)274-4277
Fax (303) 274-8329
July 20, 2005 www.banksandgesso.com
Kim Ogle
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Re: Submittal of Amendment 1 to USR-1329;
Green/Croissant Mine
Dear Mr. Ogle:
Under this cover please find documents comprising a request to amend USR-
1329, the Use by Special Review for the Green/Croissant Sand and Gravel Mine
and Concrete Batch Plant on Weld County Road 54, also known as Johnstown
Ready Mix.
This submittal package has been prepared in compliance with Weld County
Code Section 23-2-280 (Changes to a Special Review Permit). The County
identified this case as a formal amendment when we exchanged correspondence
regarding proposed changes to the operation (see attached letter, K. Ogle,
March 25, 2005).
The site is currently in operation as both a mine and an aggregate processing
facility. The operator has secured additional long-term reserves on adjacent
Larimer County properties. This proposal seeks to implement efficiencies in the
overall operations of gravel resources in the area, as well as efficiencies specific
to the Green/Croissant site. As noted in our exchange of correspondence, the
most significant change for the purpose of land use review is the new haul route
utilizing WCR 13 (County Line Road) for less than 1/4 mile between the existing
Green/Croissant site and the future sand and gravel mine, known as the
Walters/Bokelman site.
During the original USR-1329 approval process, we met as a group several times
with the Larimer and Weld County traffic engineers, regarding road impacts in the
vicinity of the county line. The current Road Improvements Agreement mitigates
impacts in both counties. We anticipate a similar mode of cooperation will be
appropriate for the requested amendment.
Submittal of Amendment 1 to USR-1329
July 20, 2005
Page 2
Enclosed you will find an application form, fee check, narrative, large-format
drawings, and other supplemental information as necessary to initiate the review
of this amendment. Please review these submittal contents and contact me if I
may be of assistance in any way. On behalf of Loveland Ready Mix Concrete,
thank you for your diligence as you review this case.
Sincerely yours,
BANKS AND GESSO, LLC
azepe. _Jon/ .
Alex Schatz
cc: G.S. Fancher, Loveland Ready-Mix Concrete, Inc.
end: Application Fee of $9,340 (check #12920)
1 complete Application Package with CAD drawings on CD — clipped
1 complete Application Package w/o CD — bound
2 copies of the Traffic Impact Study — 1 bound, 1 clipped
17 partial sets (cover through Sec. 6.0) — clipped, containing:
• Application form
• Maps
• Questionnaire
• Road Access Information (w/o traffic study)
11 partial sets (cover through Appendix E) — clipped, containing:
• All of the above, plus
• Reduced maps
• water and sewer information
• legal right to enter documents
APPLICATION TO AMEND
WELD COUNTY USE BY SPECIAL REVIEW
(MINING OPERATION)
PERMIT NUMBER 1329
Green/Croissant Sand and Gravel Mine
and Ready Mix Concrete Plant
Weld County, Colorado
Prepared for:
Loveland Ready Mix Concrete, Inc.
d/b/a Johnstown Ready Mix
P.O. Box 299
Loveland, Colorado 80539-0299
(970) 667-2680
Prepared by:
Banks and Gesso, LLC
720 Kipling St., Suite 117
Lakewood, CO 80215 ' e
(303) 274-4277
July 2005
Amendment 1 of USR-1329 Banks and Gesso, LLC
Table of Contents
page
1.0 Introduction 2
2.0 Application Form and Fees 4
3.0 Submittal Checklist 5
4.0 Maps and Drawings 6
5.0 Questionnaire 7
6.0 Road Access Information 13
Appendix A: Reduced Maps 14
Appendix B: Evidence of Adequate Potable Water Supply 15
Appendix C: Evidence of Augmentation and Process Water Supply 16
Appendix D: Evidence of Adequate Sewage Disposal 17
Appendix E: Deeds and Legal Right to Enter Documents 18
Appendix F: Certificate of Conveyance 19
Appendix G: Soils Report 20
Appendix H: Division of Minerals and Geology Permit and Application 21
Appendix I: Oil and Gas Agreements 22
Appendix J: Ditch and Irrigation Agreements 23
Appendix K: Property Owners Within 500 Feet 24
Appendix L: Mineral Owners and Lessees 25
Appendix M: Electronic Copy of Maps and Drawings 26
Appendix N: Release of Collateral 27
Appendix O: Mineral Rights Transfer (Croissant Parcel) 28
Note: Appendices are not included with all application packages, at the direction of
Weld County Planning staff. Please refer to original application package, on file
with the Weld County Planning and Zoning Department, for copies of all
appendices.
Loveland Ready Mix Concrete,Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
1.0 Introduction
Loveland Ready Mix Concrete, Inc. (LRM) is requesting an amendment to a Use by
Special Review permit USR-1329 for sand and gravel mining. The property is called the
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant, located in Weld
County, Colorado. The subject property consists of approximately 227 acres, of which
only 68 acres are to be mined, and is located in parts of the northwest and northeast
quarters of Section 30, Township 5 North, Range 67 West of the 6t" P.M. The site is
located approximately 7 miles east of Loveland and 2.5 miles east of Interstate 25. The
site is just south and west of the Big Thompson River and immediately southeast of the
intersection of Weld County Roads 13 and 54.
Loveland Ready Mix currently operates the site under USR-1329 and Division of
Minerals and Geology (DMG) reclamation permit #M-2001-022. The applicant proposes
this amendment to import sand and gravel aggregates onto the property from the
proposed Walters/Bokelman pit, located immediately northwest of the Green/Croissant
site across WCR 54 & 13. LRM proposes to import aggregate material from the
Walters/Bokelman pit and transport it to the Green/Croissant site for processing. Once
material is processed, it will be shipped off-site to customers. The addition of material to
the Green/Croissant site will not affect the current permitted aggregate mining activity.
Trucks will initially enter WCR 13 from the proposed Walters/Bokelman Sand and Gravel
Mine, just north of the WCR 13 & 54 intersection, then travel south along WCR 13,
across WCR 54, to the entrance to the Green/Croissant site. The additional material
brought on site will increase truck traffic along this approximate 800 foot distance of
Weld County Road 13 by approximately 168 total truck trips and 8 employee trips per
day, as determined in the traffic study performed by Matthew J, Delich, P.E. (see traffic
study in Section 6.0). After processing on the Green/Croissant USR-1329 site, material
shipped off-site will head north along WCR 13 to WCR 54. 66% of truck traffic is
estimated to go west on WCR 54 towards Loveland with the remaining truck traffic going
east on WCR 54 towards Greeley.
Loveland Ready Mix is proposing minor changes to the processing and buffer areas and
the reclamation plan for this site. Adjustment of the location of stockpiles and
processing equipment may occur to allow for better flow of truck traffic within the
processing area. The location of berms, screening fences and landscape plantings will
be adjusted to allow for greater capacity of material stockpiles. Height and general
location criteria for stockpiles approved in the original USR will be maintained throughout
the site. A conveyor from the east side of the USR-1329 site (originating on the
Croissant parcel) is shown on the amended plan, avoiding the need to utilize haul trucks
extensively within the internal operations of the Use by Special Review.
With the addition of material to the site, an increase in post-process crusher fines will be
generated on site. The additional fines material will be incorporated into the approved
reclamation plan by being used as backfill into Cell 2. This additional material will adjust
the relative position (not acreage, however) of proposed wetlands and possibly help
create shallower slopes within Cell 2, which is desirable for wildlife habitat.
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Amendment 1 of USR-1329 Banks and Gesso, LLC
In summary, this amendment proposes the following changes:
• Importing of aggregate material from the proposed Walters/Bokelman site.
• Addition of 168 trucks trips and 8 employees trips along Weld County Road 13.
• Adjustment of screening berms, fences, stockpile locations.
• On-site hauling is reduced by the addition of an east-west conveyor (see
amended Extraction Plan).
• Modification of reclamation plan to allow for additional fines material to be used
as backfill into mining Cell 2.
Property Ownership
The subject property consists of two parcels, one owned by Loveland Ready Mix
Concrete, Inc. and the other owned by Leon H. Croissant Family Trust. The property
owners own the sand and gravel rights on their respective parcels, with the rights on the
Croissant Family Trust parcel leased to Loveland Ready Mix.
Duke Energy has a gas pipeline easement that runs from north to south between the two
parcels. The Hillsboro Ditch runs along the southwestern corner of the property. Public
Service Company of Colorado also has a pipeline and Machi-Ross Petroleum has
abandoned gas and oil appurtenances along the northern part of the site.
Legal Description of the Property
The Loveland Ready Mix ("Green") parcel (No. 095730000038) is described as a part of
the NW % of Section 30, Township 5 North, Range 67 West of the 6th P.M., County Of
Weld, State of Colorado.
The Leon H. Croissant Family Trust ("Croissant") parcel (No. 095730000020) is
described as a tract of land in the NE 1/4 of Section 30, Township 5 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado.
Loveland Ready Mix Concrete,Inc. 05018
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Amendment 1 of USR-1329 Banks and Gesso, LLC
2.0 Application Form and Fees
See Application Form on the following page. An application fee of $9,340 ($5,000 for
first 10 acres, plus $20 per additional acre) is included with the application package.
Calculation:
Total Area: 227 Acres
First 10 acres = $5,000
217 additional acres ($20 x 217) = $4,340
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Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
3.0 Submittal Checklist
Please see the attached submittal checklist for description and location of all required
items.
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
5.0 Questionnaire
1. Detailed description of the method of mining operation:
a. Structures and Processing Equipment
No new structures or equipment would be needed to accommodate additional
materials brought on site. Though trucks may cycle through the site somewhat
more frequently, the USR amendment does not require any new parking or other
truck facilities.
b. Number of Shifts to be Worked and Maximum Number of Employees
The total number of employees on site will remain within the estimated number of
15-20 submitted in the original USR. An increased production schedule may
prompt the need for up to 3 additional employees above the current production
workforce, but these employees are not in excess of the workforce contemplated
in the original, approved USR. The hours worked will not change from the original
USR permit.
c. Wet or Dry Pit
The property is permitted for dry mining.
d. County Roads and Bridges Utilized
Access to and from the property will not change from the original USR permit.
_ Off-site, a haul route for pit-run sand and gravel will utilize WCR 13 (County Line
Rd), from approximately 300 feet north of WCR 54 to the existing USR site
access south of WCR 54.
e. Size of Area and Stages to be Worked at Any One Time
The size and timeline of each phase to be mined will not change from the original
USR permit. Minor modifications of the processing area are detailed on the
revised mining plans.
f. Timetable for Various Stages of Operation
The estimated timetable of phases to be mined will not change from the original
permit, as listed below:
Phase Mined Timetable
Acreage (years)
1 6 1-2
2 12 2-5
3 28 5-12
4 23 12-20
g. Depth and Thickness of Materials to be Removed
The thickness and depth of the deposit were identified in the original USR permit.
h. Proposed Reclaimed Use and Explanation of Reclamation Process
Loveland Ready Mix is not proposing to change the post-mining use of the
Loveland Ready Mix Concrete,Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
property (wildlife habitat). Additional materials brought on site will have a minor
effect on the reclamation process since additional fines material will be generated
by aggregate processing. The original USR permit plan was to use imported
feedstock materials, so the use of the fines generated by the imported material
can be easily incorporated into the current reclamation plan. The total area of
the groundwater lake reclaimed from mining cell 2 may be reduced by up to 5
acres. See the attached Reclamation Plan Map (Section 4.0)for further detail.
i. Source of Technical Advice
Banks and Gesso, LLC
2. Statement of Consistency with Weld County Comprehensive Plan
This amendment application has been prepared to conform to all Mineral Resource
Goals and Policies contained in the Weld County Comprehensive Plan as described
below:
CM Goal 1: Conserve lands which provide valuable natural mineral deposits for potential
future use in accordance with state law.
This site does contain a valuable sand and gravel deposit, and permitting of the site
for this use will ensure that material is available and utilized to meet future needs.
CM Goal 2: Promote the reasonable and orderly development of mineral resources.
This proposed amendment will also eliminate the need for extra processing
equipment and another concrete plant in close proximity. The amended Use by
Special Review proposes, based on guidance from planning officials in Larimer
County, to consolidate processing facilities for two sand and gravel operations on
adjacent properties.
CM Goal 3: Minimize the impacts of surface mining activities on surrounding land uses,
roads and highways.
USR-1329 was found compatible with surrounding land uses, and adequate
mitigation was provided by various features of the original approval, including road
improvements, screening, hours of operation, and other development standards.
Additional material brought on site may reduce impacts in the vicinity of the
Green/Croissant and Walters/Bokelman sand and gravel operations, as processing
will occur at existing Use by Special Review facilities.
The addition of material brought on site for processing is estimated to increase the
amount of daily truck traffic on WCR 13 by 168 trucks trips and 8 employee trips.
Loveland Ready Mix Concrete understands that modification of the Improvements
Agreement with the County may be needed to mitigate impacts to roads from
additional truck traffic. Specifically, improvements to WCR 13 and review of
maintenance standards is anticipated to minimize road impacts.
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
CM Goal 4: Minimize hazardous conditions related to mining activities and the mining
site.
No change to existing safety measures are requested by this amendment. Under the
existing USR, the operator has taken precautions necessary to ensure the site is
operating under state and county regulations to minimize hazardous conditions as a
result of the mining operation. The site currently operates under an approved Weld
County Flood Hazard Development Permit, Weld County Individual Sewage Disposal
Permit, CDPHE Construction Permit and CDPHE Discharge Permit, and has
received approval of a Waste Handling Plan. The mine is fenced as according to
relevant regulations and no blasting is part of the operation.
CM Goal 5: Provide for timely reclamation and reuse of mining sites in accordance with
Chapters 22, 23 and 24 of the Weld County Code.
This amendment does not affect the permitted schedule for mining and reclamation
at the USR-1329 site. Loveland Ready Mix Concrete practices concurrent
reclamation to minimize surface disturbance at one time to the extent possible.
Reclamation will begin within one year of completion of mining activities in any given
phase, and seeding and plantings will be done at an appropriate time of year.
Topsoil will be stockpiled separately from overburden for use in reclamation.
CM Goal 6: The extraction of mineral resources should conserve the land and minimize
the impact of surrounding land.
The reclamation plan for this site is a wildlife habitat with potential for some
residential development. The northwest corner of the site will be reclaimed to allow
for possible future commercial development. Both these planning objectives are a
continuation of the currently approved USR plan.
3. Statement of Consistency with Intent of District
The subject property is located within the 'A' (Agricultural) Zoning District. The intent of
this district is to "provide areas for the conduct of agricultural activities and activities
related to agriculture and agricultural production without the interference of other,
incompatible land uses... (T)he 'A' District is also intended to provide areas for the
conduct of Uses by Special Review which have been determined to be more intense or
to have a potentially greater impact than Uses Allowed by Right." Mineral resource
development is one of the Uses by Special Review in the 'A' (Agricultural) District.
4. Conservation of Productive Agricultural Land
The conversion of this land to wildlife habitat with potential for agricultural or residential
development on other areas of the site is compatible with the existing and anticipated
agricultural uses of the site and surrounding properties. Of the 227 acres at this site,
only 65 acres will be mined and converted to wildlife ponds or wetlands.
5. Statement of Adequate Provisions to Protect the Health, Safety and Welfare
r-
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Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
The original USR contains adequate provisions to protect the health, safety and welfare
of surrounding landowners and the County residents. The original plan addressed 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. Loveland Ready Mix does not
plan to change these provisions, except that additional mitigation may be incorporated
as necessary to address the impacts of imported material.
6. Statement of Compatibility with Existing Uses
Existing surrounding land-uses are predominantly agricultural in nature. The mine and
reclamation plans, along with the end-use of the property, were designed to be
consistent with the surrounding agricultural land uses and contain provisions to ensure
compatibility. Loveland Ready Mix is not proposing to change the effects of screening,
development standards for mining, or reclamation plan with this amendment. Existing
uses are adequately buffered and protected from impacts under the approved USR as
well as the proposed amendment.
7. Existing Land Use
The existing land use of the property is agricultural.
8. Other Details
a. How many people will use this site?
The maximum amount of people to use this site will not change from the estimate
in the original USR of 15-20 employees, plus truck drivers for imported material
and off-site aggregate and concrete sales.
b. Hours of Operation
No change from the existing permitted hours, Monday through Saturday:
6:00 a.m. to 7:00 p.m. for normal operations
6:00 a.m. to 12:00 midnight for maintenance and repairs
c. Type/number of animals on site.
None.
d. Vehicle type and access schedule:
The type of vehicles used to transport material on and off site will not change,
and access schedule is to remain the same as in the original USR.
e. Fire protection
This site is located within the Johnstown Fire Protection District.
f. Water source
No change from the existing permit (Groundwater and the Little Thompson Water
District, see Appendices B & C).
r
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
g. Sewage disposal system
No change from the existing permit (see approval of existing septic system in
Appendix D).
h. Storage and Warehousing
Minor modifications will be made to the configuration of existing/proposed
construction materials stockpiles and topsoil salvage incorporated into temporary
landscape berms. Locations and height restrictions related to stockpiles and
outdoor storage from approved USR permit will still apply. See the revised
Extraction Plan in Section 4.0 for details regarding reconfigured stockpiles.
i. Storage and stockpiling of waste
The current approved reclamation plans incorporate backfill of waste material. It
is estimated that up to an additional 250,000 tons of fines material will be
generated on site from the Walters/Bokelman import. These fines will be
distributed throughout former mining Cell 2, creating additional developable land
on the west of the reclaimed cell, adjusting to the east the location of 2.9 acres of
wetlands, and potentially creating shallower slopes for the approved reclaimed
land use of groundwater lakes and wetland areas.
j. Landscape and screening plan
Overburden and topsoil will be seeded with a temporary mix if they remain in
place for more than one growing season.
Part of this proposal includes a modification in the location of screening berms.
The operator proposes to move an existing landscape berm approximately 150
feet to the north to enlarge the area available for material stockpiles. This slight
modification will maintain the same screening effect as detailed and approved in
the original USR.
k. Construction and landscaping schedule
The proposed changes will not affect the schedule for reclamation as detailed in
the original USR.
I. Reclamation Procedures
No change from existing permit.
m. Storm Water Drainage
Controlled on site, routed to pit floor.
n. Method and schedule for removal of wastes
No change from existing permit.
o. Need of proposed use
The current facility is serving demands for construction aggregates in the
surrounding market.
Allowing material to be brought on site and processed on a site currently
approved for aggregate processing and concrete manufacture reduces the need
Loveland Ready Mix Concrete,Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
for additional equipment on another site within close proximity. Additional truck
movements on- and off-site can be accommodated without major disruption.
p. Overlay District Regulation Statement
A portion of the site lies within the 100-year floodplain of the Big Thompson River
(boundary is shown on the Extraction Plan Map). The site currently operates
under an approved Flood Hazard Development Permit issued to Loveland Ready
Mix Concrete, Inc. on April 3, 2002 (see approval on following page).
There are no geologic hazards or Airport Overlay Districts present on this site.
This site is also not within any Weld County IGA boundaries.
Loveland Ready Mix Concrete,Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
Page 12
.i... ' t RECEIVED
Wg`p C. Department of Planning Services MAY 9
2:2'UL
O Flood Hazard Development Permit
COLORADO Administrative Review Banks & c .-- t t r
Applicant Loveland Ready Mix, Inc. (Green Croissant Pit) Case #: FHDP-417
Legal Part of the North half of Section 30, Township 5 North, Range 67 West of the
Description: 61h Prime Meridian, Weld County, Colorado
Parcc ID #: 0957 30 000 038 & 0957 30 000 020
Firm Map#: 0802 66 0615 Planner: R Anderson
Permit is approved -The plans and materials submitted in support of the proposed
development are in compliance with the applicable floodplain management standards in the
Weld County Zoning Ordinance.
Permit is conditionally approved. Provided the conditions of approval are met, the plans
X and materials submitted in support of proposed development will comply with the applicable
floodplain management standards in the Weld County Zoning Ordinance.
Permit is denied. The proposed development is not in conformance with applicable
floodplain management standards in the Weld County Zoning Ordinance (explanation
attached).
Variance is required. The proposed development will require approval of a variance by the
Board of Adjustment is the applicant wishes to proceed with construction. Please call the
Department of Planning Services to discuss the appropriate application materials needed to
apply for a variance.
Conditions of Approval:
1. Prior to operation:
A. An Individual Sewage Disposal System (ISDS) is required for the proposed batch
plant/office building and shall be installed according the Weld County Individual Sewage
Disposal Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage
Disposal Regulations. (Department of Public Health and Environment)
2. The installation of any septic system within the 100-year flood plain shall comply with the Weld
County I.S.D.S.flood plain policy. In accordance with the Colorado I.S.D.S. Regulations,no septic
systems shall be installed within the floodway.
3. All conditions of reclamation are to be verified and approved by Weld County prior to abandonment
of mining operations.
•
lake-e _cmCEIVED
April 3, 2002
Robert Anderson •:• Planner In MAY 2 , 20ü2 Date
Ranks P r,._^n
Amendment 1 of USR-1329 Banks and Gesso, LLC
6.0 Road Access Information
The following documents are attached:
• Updated Weld County Road Access Information Sheet, and
• Traffic Impact Study for the Walters/Bokelman Gravel Pit and Johnstown Ready
Mix Batch Plant performed by Matthew J. Delich, P.E., May 2005.
Loveland Ready Mix Concrete,Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
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Amendment 1 of USR-1329 Banks and Gesso, LLC
Appendix H: Division of Minerals and Geology Permit and Application
A valid DMG Reclamation Permit, Number M-2001-022, is issued to Loveland Ready
Mix for the Green/Croissant site. See attached documentation.
This site also received approval for a Technical Revision submitted in December of 2001
that included a Ground Water Monitoring Well Program, reconfiguration of Cell Four to
avoid the Big Thompson River floodway and an Engineering Evaluation for slope stability
of two structures where structures agreements could not be reached (Duke Energy
pipeline and Sinclair pipeline). See attached documentation.
For this revision of plan, an amended to the State application is not required because
under Construction Materials Rules and Regulations Rule 3.1.5 (9) an operator is
permitted to use material generated within the permitted area as backfill within the
permitted area. It also states that if an Operator intends to use inert fill generated
outside of the approved permit area, the Operator is only required to submit a notice to
the Division describing the new activity if it was not already identified in the approved
Reclamation Plan. The original DMG reclamation plan did note that "Inert fill from off-
site may also be brought on site for use as backfill." Therefore, the originally submitted
DMG permit application is adequate. See attached documentation.
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Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
Page 21
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman Si, Room 215
Denver,Colorado 80203 DIV I S I O N
Phone:(303)866-3567 M I N E RA
FAX:(303)832-8106 &_
January 16, 2002 G E O L O C
REC LAMATII
MINING•SAFE
Mr. Steve Fancher
Lowland Ready Mix Concrete, Inc. Bill Owens
P O Box 299 Governor
Loveland, CO 80539 Greg E.Walther
Executive Director
Michael B.Long
Re: Green/Croissant Property Sand and Gravel Mine, M-2001-022, Permit Issuance - Constl i*tfdwector
Material Operation
Dear Mr. Faucher:
•
On January 16, 2002 the Division of Minerals and Geology found Lowland Ready Mix Concrete, Inc. to have
satisfied the applicable requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit.
Therefore, a permit is being issued. Two signed originals of the permit have been executed. We have kept one
copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms
of the permit.
1. All of the original application materials, as amended and supplemented, are an integral part of your
permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of
these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the
permit and the permit application at the mining operation as a reference for operating personnel, to help ensure
compliance with the terms of the permit.
2. Changes in the mining and reclamation operations that differ from those described in the permit may
require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations
and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments,
Rule 1.9 to Technical Revisions,and Rule 1.11 to Conversions.
3. On your permit anniversary date each year, January 16th, you must submit an annual fee and an annual
report to us. The annual fee for this permit is $688.00. Please consult the Act, Rules and Regulations, and your
permit for specific annual report requirements applicable to your mine.
If you have any questions,please the contact the Division.
Sincerely,
Division Director
MBL/TAS/bdc
Enclosure RECEIVED
cc: Paul Banks,Banks and Gesso, LLC JAN 2 0 20u2
Banks & Gesso, LLC
$5 Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ Lakewood, Colorado 80215
(303)274-4277
Fax(303)274-8329
www.banksandgesso.com
December 20, 2001
Thomas A. Schreiner
Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, CO 80203
RE: Submittal of Technical Revision for Green/Croissant Sand & Gravel Mine
DMG File No. M-2001-022 (Regular 112 Permit)
T� om�AA
Mr. Sdhreiner,
Enclosed is our submittal for a Technical Revision to the approved
Green/Croissant Sand and Gravel Mine 112 Permit (M-2001-022). The proposed
additions, changes and supplements to the 112 permit included in this current
submittal are:
(1) A detailed description of the Ground Water Monitoring Well Program,
conforming to DMG Rule 3.1.6 and those requirements identified in Item
17 of the initial and subsequent adequacy review letters (of May to June
2001, see Appendix 6).
(2) Reconfiguration of Mining Cell Four to avoid the Big Thompson River
floodway, satisfying Item 6, Option A of the DMG's initial and subsequent
adequacy review letters. The floodway delineation and mine limit
reconfiguration is reflected in the enclosed revisions to Exhibits C-2, C-3,
and F.
(3) An Engineering Evaluation demonstrating slope stability for the two
structures (Duke Energy pipeline and Sinclair Pipeline) for which Structure
Agreements could not be reached. The modeling results indicate that
mining to the limits and cross-section originally identified in the 112
application will provide an adequate factor of safety to protect against
adverse impacts to these structures. Given the DMG's review and
acceptance of this evaluation, the Operator will have satisfied the
requirements of C.R.S. 34-32.5-115(4)(e) and will be permitted to mine to
the full extent identified in the 112 application, as revised.
Each of the above items is Included based on the specific advice of the Division
of Minerals and Geology. It is our understanding that this is the preferred method
Green/Croissant Sand and Gravel Mine,Technical Revision submittal
M-2001-022, Technical Revision 1
December 20,2001
Page 2
to incorporate the enclosed materials into the M-2001-022 permit, and we
request that this be done.
Also, because, on December 14, 2001, the Operator completed the Financial and
Performance Warranties required for permit issuance, and because Items 1 and
3 above do not "change" the Green/Croissant permit within our prior
understanding of what is processed as a Technical Revision (Rule 1.1(49)), we
request that the DMG confirm that, subsequent to the processing and approval of
the enclosed TR, the only outstanding adequacy review issue that is still subject
to a future Technical Revision is the incorporation of costs and possibly plans
produced for wetland mitigation purposes. We have carefully examined all
correspondence produced in the original adequacy review and approval process
for this 112 permit and intend the current Technical Revision to address all
outstanding issues excepting wetland mitigation.
If you require additional copies of materials, or have any feedback or questions
regarding this Technical Revision, please contact me at 303/274.4277.
Sincerely,
B KS AND GESSO, LLC
Alex Schatz
end: TR Fee Check (B&G Check No. 7383) in the amount of$188.00
M-2001-022, Tech. Rev. 1 submittal (2 copies: 1 unbound, 1 bound)
cc: Cad Mount, Division of Minerals and Geology
20023 —Agency Correspondence
20023— Latest Application Package
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 RECEIVED D 1 v I S I D N
Denver,Colorado 80203
Phone:(303)866-3567 MINE RA
FAX:(303)832-8106 MAR .7 2002 &-
,LLIB; M G EEOLATI
O (
February 27,2002 Banks & Gesso, IN I N G S A F E
Bill Owens
Steve Fancher
Governor
Loveland Ready Mix Concrete,Inc. Greg E.Watcher
P O Box 299 Executive Director
Loveland,CO 80539 Michael 8.Long
Division Director
Re: Green/Croissant Property Sand and Gravel Mine, Technical Revision Approval, Permit No. M-
2001-022,Revision No.TR-1
Dear Mr.Fancher:
On February 20, 2002 the Division of Minerals and Geology approved the Technical Revision application
submitted to the Division on December 20,2001,addressing the following:
I. Detailed description of the Ground Water Monitoring Program.
2. Reconfiguration of mining cell 4 to avoid the Big Thompson River floodway.
3. Engineering evaluation demonstrating slope stability for the Duke Energy and Sinclair pipelines.
The terms of the Technical Revision No. 1 approved by the Division are hereby incorporated into Permit No. M-
2001-022. There is no change in the amount of financial warranty required as a result of this technical revision
approval.
If you have any questions,please contact me.
Sincerely,
Thomas A.Schreiner
• Environmental Protection Specialist
cc: Alex Schatz,Banks&Gesso
•
NDMasiva,%fdd%TEMP1M-RVO2,M200l022,,TAS_X02o227_7un AM.doc
E. Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ Lakewood, Colorado 80215
(303) 274-4277
Fax(303) 274-8329
March 14, 2005 www.banksandgesso.com
Carl Mount
Colorado Division of Minerals and Geology
1313 Sherman Avenue, Room 215
Denver, CO 80203
Re: Imported material at M-2001-022
Dear Mr. Mount: .
As recommended by DMG staff, this letter serves as Notice of Intent under Rule 3.1.5
(9) that the Green/Croissant Sand and Gravel Mine site (112 permit no. M-2001-022)
will receive imported off-site pit run material. Sand and gravel from the adjacent
Walters/Bokelman site (pending application and approval) will be imported to
Green/Croissant for processing and use in concrete manufacture within the permitted
site at the existing plant facility.
The salient features of the proposed import are described below. Please note that the
intent of this proposal is not to permit M-2001-022 as a dump site for unclassified fill or
other solid waste, which may or may not be the primary usage of Rule 3.1.5 (9). In this
case, the need to "backfill inert structural fill generated outside of the approved permit
area" would be a secondary result of bringing material onto the site for processing from
another DMG permitted area.
We also note that the use of off-site materials as backfill for the current Reclamation
Plan was contemplated in the original M-2001-022 permit. Under Exhibit E, on page 15
of the 112 application narrative, the applicant noted that,
Backfill generated on site will include waste concrete that has cured for at
least six weeks, silts and clays from the washing operation, and non-
marketable fine material. Inert fill from off-site may also be brought on site
for use as backfill. This material could include concrete fragments, rock,
and soil and will be inspected for suitability before acceptance onto the
site. These backfill materials will be placed along the slopes of the mining
cells as they are reclaimed to a 3 to 1 slope.
Based on the consistency of the proposed import with the current Reclamation Plan, we
believe that the current financial warranty is sufficient to stabilize and cover any
exposed backfill.
Green/Croissant, M-2001-022
Imported Material and Related Activity
March 14, 2005
Page 2
In accordance with the requirements of Rule 3.1.5, the following is provided for your
information and review. Each letter corresponds to the equivalent subpart of Rule 3.1.5
(9).
(a) Description of the Approximate Location of the Proposed Activity.
Pit run will be generated at the proposed Walters/Bokelman sand and gravel mine,
approximately 1/4 mile to the northwest of the Green/Croissant site. Fines will be
generated within the existing, approved processing and plant area on the
Green/Croissant site. Fines will then be distributed as backfill in Cell 2 during
reclamation of mine cells. A location map is attached.
(b) The Approximate Volume of Inert Material to be Backfilled.
The process of crushing will yield a typical 3 to 5 percent, but possibly up to 10 percent,
by weight, of non-marketable fines. This yield is confirmed by current operations at
Green/Croissant, in essentially the same deposit. Based on estimates of the reserve at
Walters/Bokelman, a maximum of approximately 150,000 to 250,000 tons of fines may
be generated at Green/Croissant as a result of this proposal.
This amount of fine material can be incorporated in the reclamation for Green/Croissant
— especially given the potential need for shallow shorelines and wetland mitigation —
without modifying the current 112 Reclamation Plan.
Based on the standard density of crusher fines, it is estimated that 165,000 cubic yards
of backfill material (but up to a maximum of 320,000 if fine yields are higher for the new
pit) will be generated by processing pit run from the Walters/Bokelman area. This
volume may be lower if production and import from Walters/Bokelman is lower than
anticipated, if fine yields are lower than anticipated, if fines are used for backfill at
Walters/Bokelman, or in the event of other circumstances.
(c) A Signed Affidavit Certifying that the Material is Clean and Inert.
An affidavit signed by an officer of Loveland Ready Mix Concrete, Inc. is attached.
(d) The Approximate Dates the Proposed Activity Will Commence and End.
The import of material from Walters/Bokelman will commence once the DMG and
Larimer County permitting process, stripping, and other start-up at that site is complete.
This may occur as soon as 2006.
Based on the anticipated life of mine at Walters/Bokelman, the use of off-site fill will
continue through the final phase of reclamation at the Green/Croissant site, until 2025 to
2030 according to current estimates.
Green/Croissant, M-2001-022
Imported Material and Related Activity
March 14, 2005
Page 3
(e) An Explanation of How the Backfilled Site Will Result in a Post-Mining
Configuration that is Compatible with the Approved Post-Mining Land Use.
The approved post-mining land use at Green/Croissant is wildlife habitat. One of the
primary objectives of the reclamation plan is to transform steeply sloped mining cells
into groundwater lakes and potential shallow wetlands suitable for wildlife habitat. The
availability of additional clean fill material will be of benefit to the post-mining land use
as it creates opportunities for shallow side-slopes and other land features consistent
with desirable wildlife habitat.
(f) A General Engineering Plan Stating How the Material Will be Placed and
Stabilized in a Manner to Avoid Unacceptable Settling and Voids.
Engineering considerations related to the current reclamation plan are discussed in the
approved 112 reclamation permit. These considerations continue to be applicable since
this plan does not modify the existing reclamation plan.
Finally, we note two ancillary considerations stemming from this backfilling plan:
1. To create additional surge capacity in stockpiles and facilitate truck movements,
the operator has expressed a desire to make minor adjustments to the location of
the screening berm at the perimeter of the processing area. The berm and
stockpiles were both noted on Exhibit C-3 of the M-2001-022 application, and we
believe the conceptual layout of the features on this Exhibit would not be
materially affected by the proposed adjustments. Stockpiles and plant layout will
adhere to the general plan approved in the 112 permit, and berms will continue to
function as screening and as stabilized topsoil stockpiles during active mining.
2. The Operator's plan is to fill Cell 2 in a manner that raises grades across the final
profile, shifting shallow areas to the east and possibly reducing open water areas
by using more of the groundwater lake for potential wetlands or shallow water.
Given the potential for a significant amount of new backfill material, we have
specifically reexamined the Reclamation Plan to see if it will accommodate,
without adjusting the extent of any permitted Reclamation Plan features, a
maximum scenario of 320,000 cubic yards of additional backfill. Based on
computer modeling with extremely conservative assumptions, we believe that
groundwater lakes with 4 to 5 percent shoreline slopes — not atypical of natural
groundwater lakes — would accommodate the additional fill. The Operator's plan
is consistent with this scenario, with additional fill contributing to shallower
shoreline slopes more evocative of natural groundwater lakes.
Regarding Cell 2, the Reclamation Plan notes that, in conjunction with Cell 1,
Cell 2 will be partly backfilled to "near-grade (ready for topsoil)" and other areas
will be mined "to 3:1 or shallower slopes." Also of note, the DMG has specifically
held that wetland mitigation may not be performed at the site without a technical
Green/Croissant, M-2001-022
Imported Material and Related Activity
March 14, 2005
Page 4
revision to modify the Reclamation Plan. The current Reclamation Plan thus
involves no special consideration related to the relative size or location of
mitigated wetlands.
It appears based on this analysis that any amount of potential new backfill, up to
320,000 cubic yards, is consistent with the current Reclamation Plan for the
Green/Croissant Sand and Gravel Mine.
Following Rule 3.1.5 (9), if we do not hear from the DMG within 30 days, it will be
assumed that this letter is sufficient to incorporate the proposed import and related
activities into the M-2001-022 permit. However, written confirmation of the good
standing of the Green/Croissant Sand and Gravel Mine would be greatly appreciated.
If further action or additional information is necessary, please contact us at your soonest
convenience. Thank you for your attention to this matter.
Sincerely,
BANKS AND GESSO, LLC
1 c1
Wiz✓
Alex Schatz
AFFIDAVIT
Colorado Office of Mined Land Reclamation
Rule 3.1.5 (9) Certification of Clean Fill
I, 4eea -corn vor ,c K P [Name/Titlej, as duly authorized affiant for
Loveland Ready Mix Concrete, Inc. d/b/a Johnstown Ready Mix, hereby certify
that aggregate material to be imported for processing on Construction Materials
112 permit site M-2001-022 is clean and inert, as defined in Construction
Materials Rule 1.1 (20).
This statement also certifies that fines and other products and byproducts of
processing said imported aggregate material will be clean and inert as defined by
Rule 1.1 (20).
Certification is provided to the Office of Mined Land Reclamation as part of the
permittee's Notice of Intent under Rule 3.1.5 (9) to use fines from imported clean
and inert materials to contribute backfill as called for in the Reclamation Plan for
permit M-2001-022.
,
Dated this dime,/ B , 2005
JuAr. aAuth rizep ese . e, Loveland Ready Mix Concrete, Inc.
g
v: ea- T.4oseOoxir
Title
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 DIVISION OF
Phone:(303)866-3567 MINERALS
FAX:(303)832-8106 be
GEOLOGY
RECLAM AT.1ON•MINING
SAFETT•SC PENCE
March 30, 2005
Bill Owens
Governor
Mr. Alex Schatz Russell George
Executive Director
Banks & Gesso, LLC Ronald W.Cattany
720 Kipling Street, Suite 117 Division Director
Lakewood, CO 80215 Natural Resource Trustee
RE: "Notice of Imported Materials", Green/Croissant Pit, Permit No. M-2001-022
Class: General Documents
Dear Mr. Schatz:
The Division has received your"Notice of Imported Materials", per Rule 3.1.5(9), for the
Green/Croissant Pit. Your notice has been incorporated into the mine and reclamation plan for
the site. As per our telephone conversation today, there will be change in the amount of financial
warranty required as a result of this notice. It is our understanding that the volume of material on
site requiring backfill and grading into the mine excavation specified in the latest reclamation
cost estimate will not change. Thank you for your cooperation in this matter.
Sincerely,
Thomas A. Schreiner
Environmental Protection Specialist
Cc: Carl Mount, DMG(via E-Mail)
Steve Fancher, Loveland Ready Mix
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
STATE OF COLORADO
�. DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 D I V I S I O N O F
Phone:(303)866-3567 MINERALS
FAX:(303)832-8106 GEOLOGY
R E C LAM ATIO N•M INI NG
SAF ETT.SCIEN CE
April 4, 2005
Bill Owens
Governor
Mr. Alex Schatz Russell George
Executive Director
Banks & Gesso, LLC Ronald W.Canany
720 Kipling Street, Suite 117 Division Director
Lakewood, CO 80215 Natural Resource Trustee
RE: "Notice of Imported Materials"- Clarification, Green/Croissant Pit,
Permit No. M-2001-022, Class: General Documents
Dear Mr. Schatz:
As a clarification of the Division's previous March 30, 2005 correspondence, there will be no
change in the amount of financial warranty required as a result of your Notice of Imported
Materials. It is our understanding that the maximum volume of material stored on site at any one
time and requiring backfill and grading into the mine excavation will not change. This volume
of material was specified in the latest reclamation cost estimate. Thank you for your
cooperation in this matter.
Sincerely,
Thomas A. Schreiner
Environmental Protection Specialist
Cc: Carl Mount, DMG(via E-Mail)
Steve Fancher, Loveland Ready Mix
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
Amendment 1 of USR-1329 Banks and Gesso, LLC
Appendix I: Oil and Gas Agreements
No major change has occurred in oil and gas operations on the site since USR-1329
was originally processed and approved, and no new oil and/or gas agreements are
necessary for the current review. Minor changes that have occurred are (1) the
abandonment of the Machi-Ross well and surrender to Loveland Ready Mix of all rights
necessary to mine in its vicinity, and (2) the intra-family transfer of mineral rights on the
Croissant parcel (see Appendix O).
Under Rule 6.4.19 of the Mineral Rule and Regulations of the Colorado Mined Land
Reclamation Board, a structure agreement must be obtained for any structure within
200-feet of the affected land. At the time of the original application submittal, Machi-
Ross Petroleum Co. owned a gas/oil well located between mining Cells 2 & 3. A
structure agreement was obtained although the well was later abandoned, giving
Loveland Ready Mix Concrete control over the structure.
The mineral rights to the USR-1329 properties are controlled by the owners of the
surface estate. Therefore, through fee ownership (on the Green parcel) and through a
lease (on the Croissant parcel), the applicant is able to stipulate that no additional oil and
gas operations will be implemented in the future that would conflict with USR-1329. See
Appendix L for additional information.
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
Page 22
Amendment 1 of USR-1329 Banks and Gesso, LLC
Appendix J: Ditch and Irrigation Agreements
There are no ditch or irrigation agreements on the subject property for USR-1329.
Hillsboro Ditch runs along the southwestern edge of the property but is not impacted by
sand and gravel mining or processing activities.
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
Page 23
Amendment 1 of USR-1329 Banks and Gesso, LLC
Appendix M: Electronic Copy of Maps and Drawings
A compact disc containing and electronic version (AutoCAD 2000 format) of the Use by
Special Review map set is attached.
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
Page 26
Amendment 1 of USR-1329 Banks and Gesso, LLC
Appendix N: Release of Collateral
The Weld County Board of County Commissioners acted on November 22, 2004 to
release the collateral stipulated under the original USR-1329 approval for on-site
improvements. Those improvements have been implemented to the satisfaction of the
County.
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
Page 27
,
•
CLERK TO THE BOARD
PHONE (970)336-7215, Ext.4225
FAX: (970)352-0242
CP. O. BOX 758 GREELEY, COLORADO 80632
COLORADO
December 28, 2004
Loveland Ready Mix Concrete, Inc.
P. O. Box 299
Loveland, Colorado 80539
RE: Cancellation and release of Collateral
To Whom It May Concern:
Attached hereto please find a copy of the Board of County Commissioner's Resolution approving
the cancellation and release of your collateral. The original Subdivision Improvements Performance
Bond has been returned to: Direct Account Denver, 7211 S Peoria Street, Ste 290, Englewood,
Colorado 80112.
If you have questions or need additional information,please do not hesitate to contact me at(970)
356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By:
Carol A. Har ing,
Deputy Clerk to the Board
-:1`; "e";-",1,4:',*; J
fi� i .°' y L�r'� �' p . ".•MP .sf( r' ?,, , t•
he t "''K ,:5 y is k +,Y ;+»fi . awe r` r ,w4t Ih
{ tic 4 e : 14,1 Y. f3E '_. ` ,. 1', .s +^ ws��F 1 .J3� ,�e-iU$R' .� t t tc(1's s ti R 0et: x' E '`
. Y'� tt �'. $s'", '1 '3 rt , n -S ;t r ��t N$ i s 4 Sid�y ¢w �... a 7 .2k ,• 4 f
3 e n`> ' f :t 1 2 Yf •�`'fFF 'f V! i[5 .5'1 {'Y(( 'AI`i-'(' �' •'I �iJ
� atX 4T ,,. ; t hit t '�C`` y. ;tf 4<� '� fn} ..
• r ' a ��3 , 4rE��k X14
f 1
RESOLUTION
O
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT#1329 - LOVELAND READY MIX CONCRETE, INC.
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated June 20, 2001, the Board approved the application of
Loveland Ready Mix Concrete, Inc., P. O. Box 299, Loveland, Colorado 80539, for an Open Pit
Gravel Mining Operation and Concrete Batch Plant in the A (Agricultural) Zone District on the
following described real estate, to wit:
LotA of Recorded Exemption#134;being part of the
NW 1/4 and part of the NE1/4 of Section 30,
Township 5 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, and
WHEREAS, on April 15, 2002, the Board of County Commissioner of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance),between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County,and Loveland Ready Mix Concrete,
Inc. with terms and conditions being as stated in said agreement, and accepted Subdivision
Improvements Performance Bond, in the amount of$39,256.00, and
WHEREAS,staff from the Weld County Department of Public Works has conducted a visual
inspection and recommends release of said collateral.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Subdivision Improvements Performance Bond, in the amount of
$39,256.00 be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to return said collateral to the appropriate issuing party.
11111111I1h 1111 II�1I 111111�11�1���II���������lilt dill
1 of 2 R 0.00 D 0.00 Steve Morono Clerk J�Recorder 2004-3372
PL1520
fin: A. "--x--c�e is-2e-a j
CANCEL COLLATERAL- LOVELAND READY MIX CONCRETE, INC.
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 22nd day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
EL WD C DO•isbi AI 4-a
Robert D. Masden, Chair
v elyl Clerk to the Board �<
fire
O' ;. �j William H erke, Pro-Tern
eputy Clerk to the Board
. . Geil e
APPR AS TO FOR •
EXCUSED
David Long
-- un Atto ey Y
Glenn Vaad
Date of signature: /S 7c /
1 11111 3246444 Moro 2004-3372
2 of 2 R 0.00 D 0.00 Steve no Ctetk 8 Record er PL1520
Amendment 1 of USR-1329 Banks and Gesso, LLC
Appendix 0: Mineral Rights Transfer (Croissant Parcel)
The deed for transfer of mineral rights on the Croissant parcel is attached. The mining
lease accommodates this transfer and the current split ownership interests will continue
to be subject to the terms of agreement with Loveland Ready Mix for sand and gravel
mining on the parcel.
Loveland Ready Mix Concrete, Inc. 05018
Green/Croissant Sand and Gravel Mine and Ready Mix Concrete Plant July 2005
Page 28
11111 ItO l ull t111�1111�11 11111 Ii111111
46 0119P Weld Caaaty, CO
?i 1 of 2 R 11.00 It 0.00 Steve Marna Clerk S Recorder
MINERAL DEED
JAMES CROISSANT, Grantor, whose address is 26442 WCR 15, Loveland, County of Weld,
and State of Colorado, for the consideration of Ten Dollars, in hand paid, hereby sells and quit
claims to the folbwing individuals as tenants in common: JAMES CROISSANT, whose address
is 26442 County Road 15, Lowland, CO 80537, an undivided one-quarter interest; LARRY L.
CROISSANT, whose address is 49316 WCR 83, Briggsdale, CO 80611, an undivided one-
eighth interest; JEAN L. CROISSANT, whose address is 49316 WCR 83, Briggsdale, CO
80611, an undivided one-eighth interest BARBARA J. ULLMANN, whose address is 8886
Longs Peak Circle, Windsor, CO 80550, an undivided one-eighth interest; THOMAS F.
ULLMANN, whose address is 8886 Longs Peak Circle, Windsor, CO 80550, an undivided one-
eighth interest; SHERYL A. MCCOY, whose address is 26360 WCR 15, Lowland, CO 80537,
an undivided one-eighth interest; and JOHNNY IL MCCOY, whose address is 26360 WCR 15,
Loveland, CO 80537, (all collectively known as "Grantees") an undivided one-eighth interest of
all of Grantor's right, title and interest in and to all of the oil, gas and other minerals in and under
and that may be produced from the following described land situated in Weld County,
Colorado, to wit:
TOWNSHIP 5 NORTH. RANGE 67 WEST OF THE 6m P.M.
Section 19: South half of the southeast quarter (S 'A SE '''A), EXCEPTING
THEREFROM 1.01 acres, more or less, described as LOT 'B' of
Recorded Exemption No. 0957-19-4-RE 1347;and
Section 30: a parcel of land located in the northeast quarter (NE 'A) of Section 30
being more particularly described as follows: Beginning at a point 2,640
feet east of the northwest corner of said Section 30;thence east 2,023 feet;
thence south 30' 36.5' west a distanrr of 3,067.4 feet to the south line of
said northeast quarter (NE ''A ); thence west 485 fret thence north 2,640
fret to the point of beginning:
containing 158.99 acres,more or less;
together with the right of ingress and egress at all times for the purpose of mining,
drilling, exploring, operating and developing said lands for oil,gas and other minerals,
and storing, handling, transporting and
pipelines, build tanlrs marketing the same therefrom and to lay
power lines and roads, with the right to remove from said land all
of Grantees' property and improvements.
/Signed this .15 day of 2005
By �� -a�e- j
/AMES CROISSANT
rte_
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