HomeMy WebLinkAbout20050691.tiff ORIGINAL
•••••,, rat Applegate
1 Group, Inc.
Weld County Planning Dept.
September 10, 2001 RECEIVED.
Weld County Department of Planning Services
Attn: Kim Ogle
1550 North 17th Avenue
Greeley, CO 80631
RE: Scheduled Planning Commission Hearing for Use by Special Review Permit
Application USR-1350
Dear Kim,
This letter is in response to our meeting last week regarding the proposed
Wattenberg Lakes project, Use by Special Review Permit Application USR-1350. On
behalf of our client, Aggregate Industries -- WCR, Inc., we would like to request
continuance of the Planning Commission Hearing scheduled for September 18, 2001.
We would also like to take this opportunity to request a new hearing date of
October 16, 2001. We feel that this extra time will allow us to more fully address staff's
questions and concerns regarding the permit application material.
Thank you for your assistance in this matter. If you have any questions, please feel free
to call me at(303) 452-6611.
Sincerely
Applegate:2V/
Inc ?
Wi ham Schenderlein
cc: Connie Davis, Aggregate Industries—WCR, Inc.
AG File 00-107
EXHIBIT
2005-0691 _2:1._
1499 West 120th Avenue, Suite 200 www.applegategroup.com 5441 Boeing Drive,Suite 200
Denver,Colorado 80234-2728 Loveland,Colorado 80538-8855
ilsc\t‘o MEMORANDUM
WI TO: Weld County Planning Commissioners
COLORADO FROM: Kim Ogle, Planner II
SUBJECT: USR-1350, Aggregate Industries, Inc. - Wattenburg Lakes
c/o Applegate Group, Inc.
Bill Schenderlein, of Applegate Group, Inc. and representative for Aggregate Industries, Inc.
requests a continuance of the above referenced permit until October 16, 2001, such that on-going
issues may be addressed and resolved.
The Department of Planning Services' staff concurs with this request and recommends
continuance of USR 1350 until October 16, 2001.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
rapAtApplegate
„.
-, Group, Inc.
October 8, 2001
Weld County Department of Planning Services
Attn: Kim Ogle
1550 North 17th Avenue
Greeley, CO 80631
RE: Response to Preliminary Review Comments, Aggregate Industries — WCR, Inc.
Wattenberg Lakes, Use by Special Review Permit Application USR-1350.
Dear Kim,
The following discussion and attachments are submitted on behalf of our client in
response to the preliminary review comments received for the Wattenberg Lakes permit
application. The Weld County Planning Department submitted review comments to the
applicant in a letter dated August 21, 2001. The information and discussion below
addresses each comment as it was presented in the letter. In addition, the discussion may
include reference to our meeting on September 5, 2001, where comments were further
discussed for clarification.
1. Surface Use Agreements with property's mineral owners/operators.
Aggregate Industries has initiated contact and discussions with individuals
with mineral interests located under the property. Individuals with mineral
interests have been notified by written letter, and Aggregate Industries has
been working diligently to contact the individuals and work towards
establishing surface use agreements. Copies of the notification letters are
attached.
Aggregate Industries commits to maintaining appropriate set-backs from
existing oil and gas facilities, in accordance with applicable State or County
setback requirements, or by agreement with facility owners. Aggregate
Industries also commits to retain or build adequate areas for future drilling
sites, oil and gas facilities, and access roads in accordance with agreements H
established between Aggregate Industries and individuals with mineral
interests located under the property. However, we believe that precluding K
development of the entire site and requiring up-front agreements to address all W
of the "possible future oil and gas development options" places an undue
burden upon applicants.
1499 West 120th Avenue,Suite 200 www.applegategroup.com 5441 Boeing Drive,Suite 200
Denver,Colorado 80234-2728 Loveland,Colorado 80538-8855
Potential impacts on future drilling activities from the mining operation are
highly dependent on changing economic conditions in both the oil and gas and
aggregate mining industries. It has been our experience that some
owners/lessees use the surface use agreement requirement to try and obtain
agreements that include up-front payment for drilling activities that may never
occur. We also believe that uncertainty concerning future development makes
inclusion of "possible future drilling sites" on the plat inappropriate. The
County's drawing requirements provide that oil and gas wells and lines be
named and located on the map, but there is no reference in the drawing
requirements for "possible future drilling sites". Future drilling sites may be
generally located prior to mining, however, final locations may not be
determined until later in the mining operation. Agreements with oil and gas
owners/lessees will provide for field locating of final drilling sites prior to
completion of mining operations (agreements with oil and gas owners/lessees
will include an attached exhibit showing approximate locations of possible
future drilling sites).
The USR permit application required that a list of individuals with mineral
interests located under the property be submitted to the Planning Department.
Additionally, the individuals with mineral interests receive notice of the
public hearings as part of the application process and have an opportunity to
review and comment if they have concerns regarding the application. If they
do not comment, the applicant should not be required to pursue surface use
agreements prior to going before the Planning Commission or the Board of
County Commissioners. If an individual with mineral interests submits
comments on the application, and an agreement becomes necessary as part of
the permit process, it is our belief that the terms of the agreement should be
included as a development standard, not as a prerequisite for favorable
consideration by the Planning Department to bring the application before the
Planning Commission.
2. Threatened or endangered species.
Please find attached three letter reports submitted to the United States Fish
and Wildlife Service (USFWS). When available, response letters from the
USFWS accepting the results are also included with the reports. The first
report documents results from a Spiranthes diluvialis (Ute Ladies'-Tresses
orchid) survey conducted on the site. No orchids were found on the site. The
second report contains analysis of potential Zapus hudsonius preblei (Preble's
jumping mouse) habitat on the site. In general, poor jumping mouse habit was
found on the Wattenberg Lakes site. Finally, the third report provides results
from a jumping mouse trapping survey conducted on the site. No jumping
mice were collected.
3. Huett Ditch.
A memorandum is attached that outlines the present status of the Huett Ditch
and associated water rights. Aggregate Industries currently controls the
parcels previously owned by the tree farm.
4,5,6,7 Compliance with Clean Water Act Section 404.
A Section 404 permit application has been submitted to the Army Corps of
Engineers (COE). The COE is in the process of reviewing the application
material and comments, including comments received by the United States
Environmental Protection Agency (USEPA) and the USFWS. The COE has
not made a decision regarding granting or denying the application. We have
requested that the COE provide Weld County Planning Department with a
letter detailing where the project is in the Section 404 permitting process. The
COE has agreed to provide the letter as soon as possible.
Development standards associated with prior Weld County USR permits
obtained by Aggregate Industries have incorporated a standard requiring that a
Section 404 permit be obtained prior to the "placement of dredge or fill
material, and any excavation associated with a dredge or fill project, either
temporary or permanent, in waters of the United States". Aggregate
Industries has always abided by this standard and is committed to mining
legally and responsibly in accordance with the laws of the United States, the
State of Colorado, and Weld County.
8. Department of Public Works and employee traffic.
We are attempting to contact the Weld County Department of Public Works
(Drew Scheltinga) to address specific questions regarding employee traffic
associated with the site. Initial indications from the Department of Public
Works is that a road maintenance agreement for dust control on Weld County
Road 23%2 may be requested. Aggregate Industries is not opposed to entering
into a maintenance agreement for dust control. The USR permit application
states that 35 employees covering two shifts will be involved in operations at
the Wattenberg Lakes site. This employee estimate was misstated. Aggregate
Industries will have a maximum of 13 employees on-site covering two shifts.
If you have any questions, please feel free to call me at(303) 452-6611.
Sincerely
Appleg
William Schenderlein
cc: Connie Davis, Aggregate Industries—WCR, Inc.
AG File 00-107
Applegate
}Group, inc.
September 13, 2001
Petroleum Management
Attn: Ed Holloway
4731 West 10th Street
Suite G
Greeley, CO 80634
CERTIFIED RECEIPT# 7099 3400 0014 1622 6664
Dear Ed:
In conformance with the rules and regulations established by the State of Colorado, this letter is
to inform you of the Aggregate Industries-WCR, Inc. Weld County USR application for
development of the Wattenberg Lakes project. The proposed project would mine sand and
gravel at or near Sections 25 and 36, Township 1 North, Range 67 West and Section 30,
Township 1 North, Range 66 West, 6th Prime Meridian, Weld County, Colorado. The general
location of the site is approximately 2 miles northwest of Brighton, Colorado, and just south of
the community of Wattenberg.
As of this time, the project is scheduled for the Weld County Planning Commission on
October 16, 2001 (USR#1350).
We will be contacting you in the near future to discuss our mutual interests in the listed property.
Should you wish to obtain additional information regarding the project, please feel free to
contact me at(303) 452-6611.
Sincerely,
APPrER IN .
William Schenderlein
Enclosure
cc: AG File #00-107
1499 West 120th Avenue,Suite 200 www.applegategroup.com 5441 Boeing Drive.Suite 200
Denver,Colorado 80234-2728 Loveland, Colorado 80538-8855
pugApplegate
Group, inc.
September 13, 2001
Ken-McGee
Attn: Chris Greneaux
1999 Broadway
Suite 3600
Denver, CO 80202
CERTIFIED RECEIPT# 7099 3400 0014 1622 6688
Dear Chris:
In conformance with the rules and regulations established by the State of Colorado, this letter is
to inform you of the Aggregate Industries-WCR, Inc. Weld County USR application for
development of the Wattenberg Lakes project. The proposed project would mine sand and
gravel at or near Sections 25 and 36, Township 1 North, Range 67 West and Section 30,
Township I North, Range 66 West, 6th Prime Meridian, Weld County, Colorado. The general
location of the site is approximately 2 miles northwest of Brighton, Colorado, and just south of
the community of Wattenberg.
As of this time, the project is scheduled for the Weld County Planning Commission on
October 16, 2001 (USR#1350).
We will be contacting you in the near future to discuss our mutual interests in the listed property.
Should you wish to obtain additional information regarding the project, please feel free to
contact me at(303) 452-6611.
Sincerely,
APPLEG TE R UP IN
William Schenderlein
Enclosure
cc: AG File#00-107
1499 West 120th Avenue, Suite 200 www.applegategroup.com 5441 Boeing Drive, Suite 200
Denver,Colorado 80234-2728 Loveland,Colorado 80538-8855
prigApplegate
Group, Inc.
September 13, 2001
Merit Energy Company
Attn: Todd Flott
12222 Merit Drive
Suite 1500
Dallas, TX 75251
CERTIFIED RECEIPT# 7099 3400 0014 1622 6671
Dear Todd:
In conformance with the rules and regulations established by the State of Colorado, this letter is
to inform you of the Aggregate Industries-WCR, Inc. Weld County USR application for
development of the Wattenberg Lakes project. The proposed project would mine sand and
gravel at or near Sections 25 and 36, Township 1 North, Range 67 West and Section 30,
Township 1 North, Range 66 West, 6th Prime Meridian, Weld County, Colorado. The general
location of the site is approximately 2 miles northwest of Brighton, Colorado, and just south of
the community of Wattenbeig.
As of this time, the project is scheduled for the Weld County Planning Commission on
October 16, 2001 (USR#1350).
We will be contacting you in the near future to discuss our mutual interests in the listed property.
Should you wish to obtain additional information regarding the project, please feel free to
contact me at (303)452-6611.
Sincerely,
APPLEGATE
William Schenderlein
•
Enclosure
cc: AG File#00-107
•
1499 West 120th Avenue,Suite 200 vnvw.applegategroup.com 5441 Boeing Drive,Suite 200
Denver,Colorado 80234-2728 Loveland,Colorado 80538-8855
Savage and Savage
,.-. practical solutions for environmental problems
464 West Sumac Court 303 666-7372 telephone
Louisville,Colorado 80027-2227 303 665-6808 facsimile
August 8, 2000
Jan McKee
U.S. Fish and Wildlife Service
Colorado Field Office
P.O.Box 25486,DFC
Denver, Colorado 80225
Re: Spiranthes diluvialis Survey Report for the Wattenberg Lakes Site,
Weld County, Colorado
Dear Ms. McKee:
Enclosed please find one report for a Spiranthes diluvialis survey Savage and Savage
conducted at the Wattenberg Lakes property for Aggregate Industries. This survey was
conducted prior to development to ensure that no threatened or endangered species were
present.
The survey was conducted within all potential critical orchid habitats on the site. The
Wattenberg Lakes property is located west of Highway 85 and south of Wattenberg in
Weld County, Colorado. The survey was conducted on July 28 and 29, 2000. No
Spiranthes diluvialis individuals were found during the survey.
Sincerely,
Edith Savage
President
enclosure: Spiranthes diluvialis survey for the Wattenberg Lakes property
fllamie Gaboriau, Aggregate Industries
RECEIVED
..--• CAMAS C-1,---VD,C Inc.
:
: i[: il
...rciNS
Mannager of nmental Affairs
•
WAITENBERG LAKES
WELD COUNTY, COLORADO
UTE LADIES'-TRESSES ORCHID SURVEY REPORT
(Spiranthes diluvialis)
Prepared by Savage and Savage
August 2000
SUMMARY
Savage and Savage conducted a pedestrian survey for the presence of the federally listed
threatened Ute Ladies'-Tresses orchid (Spiranthes diluvialis) within potential critical
habitat on the site. The survey was conducted on the Wattenberg Lakes property located
in Weld County, Colorado on July 28 and July 29, 2000. The survey was conducted for
Aggregate Industries. The survey was conducted in accordance with U.S. Fish and
Wildlife Survey guidelines and during the period of anthesis of the type population of the
orchid in neighboring Boulder County, Colorado. No individuals of Spiranthes diluvialis
were found during the survey.
INTRODUCTION
Aggregate Industries requested the survey as part of a development plan for the
Wattenberg Lakes property. Prior to finalizing a development plan, Aggregate Industries
requested identification and survey of any potentially critical Ute ladies'-tresses orchid
(Spiranthes diluvialis) habitat within the property.
The property is located within two parcels in the 5%NE'/.,the SPA, and the E'/zSW'/,, all
of Section 25, the W'/2 of Section 30, and the N'ANEYNW'/, of Section 31, all located
within T1N, R67W of the 6th prime meridian in Weld County, Colorado. Currently, the
predominant land uses on the parcels are agriculture (nursery stock and hay), livestock
grazing, and oil and gas production. Adjacent land uses include mineral extraction,
agriculture, grazing, and residential.
The Ute Ladies'-Tresses orchid (Spiranthes diluvialis) is a federally listed, threatened
plant species known to occur in Colorado. Interim U.S. Fish and Wildlife Service survey
requirements (USFWS, 1992) fin the orchid require surveys along the South Platte River
100-year floodplain and perennial tributaries and in potentially critical orchid habitat.
Characteristic orchid habitat requiring a survey includes sites below 6500 feet elevation
with seasonally high water tables, wet meadows, stream channels, floodplains,
jurisdictional wetlands, and areas where vegetation falls into the facultative wet or
obligate classification. Sites excluded from the survey requirement include upland sites
(short grass prairie and sagebrush rangeland) and highly disturbed or modified sites.
Based on the above requirements, and a site visit, Savage and Savage staff determined
that the proposed development project area could not be disqualified from the
requirements for a pedestrian survey. On July 28 and July 29, 2000 Savage and Savage
staff conducted a pedestrian survey of the proposed development project in order to
determine the presence of the orchid.
srrE CHARACTERISTICS
Topographic Features and Associated Vegetation
There are six distinctive types of topographic features on the Wattenberg Lakes property.
The first is the South Platte River located between the parcels. The second feature is a
sedge swale located within an open canopy riparian corridor located on the north edge of
the property between the South Platte River and Heitt Ditch. Vegetation within the sedge
swale consists of three square (Seamus americanus) and cottongrass (Eriophorum
augustifolium). The third type of topographic feature is the Heitt Ditch that flows from
south to north through the east segment of the west parceL Vegetation along the ditch is
complex and is dominated by rushes and sedges including three square (Scirpus
americanus), Torrey's rush(Juncus torreyl), cottongrass(Eriophorum augustifolium), and
curly dock(Rumex crispus). The south one-third of the Heitt Ditch is dominated by thick
stands of cattails and was not investigated. The fourth topographic feature is a cordgrass
meadow that is located within the southwest corner of the site. The meadow is
dominated by cordgrass (Spartina pectinate) with the exception of the most
southwestern tip that is dominated by lambsquarters (Chenopodium album). The fifth
feature is a wet meadow surrounded by standing water and cattails(Typha latifolia). The
wet meadow is dominated by a sedge/rush community that includes three square (Scirpus
americanus), Baltic rush (Juncus balticus), prairie cordgrass (Spartina pectinate), curly
dock (Rumex crispus), and foxtail barley (Hordeum jubatum). The final topographic
feature is a swale located southwest of the wet meadow. This topographic low contains
standing water and the vegetation is dominated by a dense stand of cattails (Typha
latifolia).
SURVEY
The survey was conducted by randomly crisscrossing the potentially critical orchid
habitat within the property. The areas surveyed are identified on the attached map and
generally correspond with the topographic features described above. A survey was not
conducted along the South Platte River or within the dense stand of cattails located
southwest of the wet meadow.
CONCLUSIONS
A pedestrian survey to identify the presence of Spiranthes diluvialis was conducted on
July 28 and July 29, 2000 by Savage and Savage staff. The survey was conducted in
accordance with U.S. Fish and Wildlife Survey guidelines and during the period of
anthesis of the type population of the orchid in neighboring Boulder County, Colorado.
No individuals of Spiranthes diluvialis were found during the survey within the
Wattenberg Lakes property.
2
LITERATURE CITED
U.S. Fish and Wildlife Service. 1992. Interim Survey Requirements for Spiranthes
diluvialis.
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� United States Department of the Interior
� _ FISH AND WILDLIFE SERVICE
; .4 Ecological Services
--.2 755 Parfet Street, Suite 361
Lakewood, Colorado 80215
IN REPLY REFERTO:
ES/CO:ES/Species(Pimtr/
Spfrnes duvisEs/
g twy Reports
Mall Slop 65412 IX 8
2000
Edith Savage
Save and Aavage _.. _ _... .
464 West Sumac Court
Louisville, Colorado 80027-2227
Dear Ms. Savage:
Based on the authority conferred to the U.S. Fish and Wildlife Service(Service)by the
Endangered Species Act of 1973, as amended 16 U.S.C. 1531 et seg.),the Service reviewed the
Ute ladies'-tresses orchid(Spiravrtires diluvialis habitat assessment report for Aggregate
Industries proposed development of the Watt erg Lake area in Weld County,Colorado
the
proposed proj ctisis'weestt of the South67 Platte River and0 south odescribed
tie tovwn of Wr tenberg
The Service finds the survey report acceptable and agrees that suitable habitat for S. diluvialis not
present in the areas surveyed.Therefore, the Service concurs with the determination that the
proposed project is not likely to adversely affect the continued existence of the orchid.
can b appreciate furtheroassi assistance, contact Jan to our
att(3or 03)e275-23d 7O ens. lithe Service
Sincerely,
- eRoy W. Carl
Colorado Field Supervisor
cc: U.S. .Army d
e
Project COE;Littleton, CO (Attn.:Terry McKee)
R File
Reference:JPM"T&L\OR( \00045DSS&S0905.000.wpf
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TOTAL P.02
•
Y
Stoecker
Ecological
Consultants, Inc
279 Forest Lane Boulder, Colorado 80302 Ph/Fax(303)444-3979
Mr.Peter Plage
U.S.Fish and Wildlife Service
755 Parfet Street
Lakewood.CO. 80215
June 16,2000
RE: Request for exclusion of Preble's jumping mouse live-trapping survey.
Dear Mr.Rage:
I am recommending that the following site be excluded from a Preble's jumping mouse
trapping survey.The project area is the Wattenberg Site,located in Weld County, approximately 1 Y2
miles northwest of Brighton,Colorado (T1N R66-67W,Sections 25, 36, and 30, UTM 4,429,700N
514,000E).I am including a map of the property location, photographs of the site, and a description of
pertinent habitat features. After your review of these materials,would you please inform me regarding
your acceptance or rejection of my habitat evaluation? The client can be reached at the following
address?
Mrs.Jamie Gaboriau
CAMAS
3605 South Teller
Lakewood, Co. 80235
(303)716-5304
Rationale for excluding the site as potential Preble's lumping mouse habitat.
This location is proposed for gravel mining in the general area shown in Figures 1 and 2. The
site is very weedy. flat, and almost devoid of shrubby,mesic vegetation. Figure 2 shows a small
depression with cattails that is surrounded by scattered small trees. This depression is poor jumping
mouse habitat; also, it is isolated from the adjacent South Platte River(shown in Figure 3). The
riparian along the South Platte does have potential Preble's jumping mouse habitat,but it is my
understanding that gravelling operations will be more than 300 feet from the riparian corridor. In my
opinion,this site has very low quality habitat for jumping mice and does not warrant a trapping study.
If you require additional information regarding this project site,please feel free to call.
Sincerely,
Robert E.Stoecker,Ph.D.
Animal ecologist
cc. Jaime Gaboriau
3r
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LEGEND
Project Name:
WATTENBERG SITE
Polygon marks the site location
Weld County
USGS 7.5 minute Quadrangal:
Fort Lupton, CO.
Aug-14-00 07: S3A Bob Stoecker (303)444-3979
P_01
r -United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Colorado Field Office
755 Parfet Street,Suite 361
Lakewood, Colorado 80215
TN REPLY REFER TO:
ES/CO: T&E/PMJM/Survey
Mail Stop 65412
AM 2008
Bob Stoecker
Stoecker Ecological Consultants, Inc.
279 Forest Lane
Boulder, Colorado 80302
Dear Mr. Stoecker:
Based on the authority conferred to the U.S. Fish and Wildlife Service(Service) by the Endangered
Species Act of 1973 t(YF.SA), as amended (16 U.S.C. 1531 et seq.), the Service reviewed the Preble's
meadow jumping mouse, Zapus hudsonius preblei, (Pr blc's) survey report submitted with your
letter of June 16, 2000(received Juno 29, 2000). 'Phis report regards the Wattentiurg site in Weld
County, Colorado(Sections 25,26, and 30 ,Township 1 South,Range 66 West). The project, as
proposed,may disturb wetlands and other riparian habitats.
Given your compliance with the Preble's survey guidelines, the Service finds the report acceptable
and agrees that Preble's habitat is not present within the subject area(described as greater than 300
feet from the riparian corridor along the South Platte River). Thus, the Service concludes that
actions on this site should not directly affect the continued existence of Preble's. Should Prehle's
populations exist downstream from the site,actions on the site that result in significant modification
ofPreble's habitat downstream (for example, through alteration of existing flow regimes, or
sedimentation) may he subject to provisions of the ESA.
If the Service can be of thither assistance,please contact Peter Plage of my stafTat(303) 275.2370,
Sin•
'
cRoy . Carlson
Colorado Field Supervisor
pc: U.S. Army COE., Littleton, CO
Plage
aofinenec i tv/PMJMfuoas9
Preble's Jumping Mouse Survey
Project Name:
WATTENBERG LAKES
Brighton
Weld County, Colorado
prepared for
Aggregate Industries
3605 South Teller
Lakewood, Co.
80235
(303) 716-5304
July 2001
prepared by
Robert E. Stoecker, Ph.D.
Stoecker Ecological Consultants, Inc.
279 Forest Lane
Boulder, Co. 80302
(303) 444-3979
1
INTRODUCTION
This report presents the results of live-trapping studies that were conducted to
determine whether the Preble's jumping mouse (Zapus hudsonius preblei) is present
at the Wattenberg Lakes site. The site is located approximately 3 miles north of
Brighton, Colorado. The locations where trapping occurred are shown on the
attached U.S.G.S. topographic map and described on the U. S. Fish and Wildlife
Service (USFWS) Survey Field Data Compilation Form included at the end of this
report. Photographs of the site are also provided.
The Preble's jumping mouse is currently classified by the USFWS as
threatened and is protected under the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et. seq.). Field studies described herein were performed in
accordance with the USFWS Interim Survey Guidelines for the Preble's Meadow
Jumping Mouse, revised May 19, 1999. Wildlife collections were performed under
Federal Fish and Wildlife permit number PRT-704930, and State of Colorado permit
number 00-TR541.
METHODS
As mentioned above, the methods used in this study follow current USFWS
guidelines. Additional details regarding schedule and procedures pertinent to this
study are as follows: The trapping effort consisted of a 750-trapnight effort, with
traps checked over five days (during the period of 27-31 July 2001). All animals that
were captured during the course of these investigations were identified in the field
and immediately released. Traps were placed in the riparian habitat of the South
Platte River, with all traps located in dense willow shrub.
RESULTS AND DISCUSSION
No Preble's jumping mice were captured on the Wattenberg Lakes site. The
Wattenberg Lakes property boundaries enclose an area that had previously been
excluded from trapping because of the lack of potential Preble's jumping mouse
habitat. Because of planned expansion of gravelling operations. it was considered
appropriate to evaluate habitat immediately adjacent to the current property
boundaries that contains dense stands of willow shrub habitat. Two areas were
sampled, one on either side of the South Platte River. These locations are shown on
the attached map. The willow habitat where trapping occurred represents potential
Preble's jumping mouse habitat, however, trapping results suggest that jumping mice
are not present at these locations. Much of the riparian habitat upstream and
1
downstream of the Wattenberg Lakes site has been degraded by past agricultural and
commercial activities. The riparian corridor is fragmented and therefore lacks
optimal connectivity to other well-developed riparian areas.
Small mammals that were captured during these investigations are as follows
(number captured in parentheses): deer mice, Peromyscus maniculatus (107); voles,
Microtus ochrogaster and M. penn.sylvanicus (28); house mice, Mus musculus (9),
and Norway rats, Rattus norvegicus (2). This total of 146 animals represents a
capture success of 19 percent (81 % of the traps remaining open during the course of
the study).
The attached USFWS Survey Field Data Compilation Form has been
completed and should be consulted for a summary of results and a detailed site
description.
3
A
.14..
3
4 y"' ,k � o 4 4 7 is �• ..t* m„t '
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Figure 1.
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Figure 3.
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Figure 4.
LEGEND
r
Project Name:
-aI \ / 4
_I�y 1 ' Ile
•
WATTENBERG LAKES 'nl
'�
Ellipses mark the trapping locations 1 � a,\ S 1
9 —
Weld County ` _ -- �/ '
i
USGS 7.5 minute Quadrangal: �1 ° F c I I—_• •
\ _/
MA 1 ,� -'--
Fort Lupton, CO.
\
'
'
PROPosEo CONv,'Op
Ni • _ t 1 ' BPI��E j
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' rP RDEN SANE G D.r.r: R
LEGEND:
- e� _- - _
LIN,i or N'N_
VI. WE'JN^•E
-" PPCrER^ _NE
.: c. Ex!SCIND 'ENCE
��
Eve-NC PJAJ-
FATE_
NJ EVE-1N_
• ErrriND F _S
_ Mill Lo Cr GA S GA JE r-°'SE: 00N.5
r*1. __ _
-. .• r __ AcoET.xly. _r:NART ..r..FIGURE 3D FA-ER uAR.' -J_Fu/
-.. I AGGREGATE INDUSTRIES —
_ TuttleApplegate,inc.
WATTENBERGLAKES _ _ ..`.•��.'•,��.: ,'.m•.�_4.,.,
---' ALTERNATIVE IV
I
Zapus hudsonius preblei , Preble' s Meadow Jumping Mouse
Recommended Survey Field Data Compilation Form
Z. . preblei found ? Yes O No X /� Date of SurveyZ 7- 3 / 3i', o/
Surveyor(s) d-& <f r CCO 70� cA 7 l ru 77(04,
Full Name(s) (CcaL er t- S7 o0eccfr
Survey Section(s) 2,� 3 6 30 '4 % Section(s) 0/11/1541
Yqy fecId Township(s) T/4/
Location: Range(s) e 64.- G 7 County CA-).vim Site Name (A) aS% j. L-af e2_
USGS 7' Quad Map Name Fri L cep i✓ Elevation igS�
UTM Coordinates (to the nearest 50 meters) 41.2Q 7 0 0 Al 0.00, 57/rp o o_F_ 0.00
Land Ownership .�k .,,r.."
Ecological Condition/Management History C21i,c, [4d,7/ e_
Directions
to Site: /.y.1.„ ryx-,....c....4. ( , ._ �o .Beef Project Description'(indicate proposed impact to site) rf-y- ' c� y'/kc-.C-,-6
artier
Habitat
"Type (3 c:// rte^) �-4th-Z-0--_ Vegetation Structure Within Survey Area:
Total Tree Cover (%) (J 5 Total Shrub Cover (%)
Total Forb Cover (%) 5—_ Total Rock/Log Cover (%)
Total Graminoid Cover (%) _/v Total Bare Ground (%)
Total Moss/Lichen Cover (%) p / Other Types
of Cover (%)
Additional Associated Plant Species Al ,Y �22 CA.J7
2t,
Aspect (S, NNW, etc.) Al/4 % Slope </ `la Slope Shape (concave, convex, straight, etc.) 4262ek/(
Light Exposure (open, shaded, partial shade, etc.) kyo-4)C
Topographic Position (crest, upperslope, midsiope, lowerslope, bottom, etc.)
Moisture (dry, moist, saturated, inundated, seasonal seepage, etc.)
IHOrology, Geomorphology, and Soils at the Trap Site
Site's Climatological/Meteorological Conditions on Day Prior to Survey 1j'-Ttiw-,
Site's Climatological/Meteorological Conditions on Day of Survey GreiLt f
Type of Trap Usedtl `a-'— Type and Amount of Bait Used
'"hximity, Degree, and Type of Human Development/Disturbance�in Survey Area /� ewe
�.y
t�yc.-tvC L at) ~w %yo
No. of Mice Found an r Seen Approximate Age or Maturity Weight_ gms.
Total Length mm. Tail Length mm. Hind Feet Length mm.
Other characteristics (e.g., enlarged lands ;lactation, scars, missing limb or toe, etc.)
Associated Animal Species )677/u14- f /1/2.4.44,7 J.,,,i ,tl� — cealt. , co
Other Relevant Information (evidence of disease, predation, injury, etc.) A/dw---
Type (e.g., -dying, toe-clipping, tag, etc.) and Exact Location of Markings
Photographs (mouse d its habitats): Photographer _ Repository
Sketch of Surveying Area, ap of Site, etc.
i
44-79
Additional Comments (relevant ecological/ethological info.; if site is disqualified, TAILED explanation)
Sent By: APPLEGATE GROUP, INC. ; 3034526611 ; Oct-11 -01 9:24AM; Page 2/2
Oct-10-01 09:26A Bob Stoecker (303)444-3979 P-01
a
49-:----__:;2--it` .c
_ United States Department of the Interior
FlS1I AND WILDLIFF SERVICE
Ecological Services
Colorado Field Office
755 Parfet Street, Suite 361
Lakewood,Colorado 80215
IN REPLY REFER TO:
LS/CO: T&E/PMIM/Survey
Mail Stop 65412
0CT - 1 2001
Bob Stoecker
Steecker Ecological Consultants, Inc.
279 Forest Lane
Boulder, Colorado 110302
Dear Mr. Stoecker:
Based on the authority conferred to the as. Fish and Wildlife Service (Service) by the Endangered
Specks Act of 1973 (ESA), as amended(16 U.S.C. 1531 el seg.),the Service reviewed the Prebic's
meadow jumping mouse Zapus hut/Junius preblel, (Preble's) trapping survey report dated July,
2001 (received August 1'3, 2001). This report regards Wattenbuty( Lakes in Weld County,
Colorado (Section 30, Township 1 North, Range 66 West and Sections 25 and 36, Township 1
North, Range 67 West). The project, as proposed, may disturb wetlands and other riparian habitats.
(:riven your compliance with the Preblc's survey.guidelines, the Service finds the report acceptable
and agrees that a population of Preble's is not likely to be present within the subject area. Thus, the
Service concludes that development or other actions on this site should not have direct adverse
effects to Preble's. Should Preble's populations exist downstream from the site, actions on the site
that alterationtof ex ing flow reggnificant imes, or sedimentation)of o ay be subject stream if provisions of the ESA.
if the Service can be of further assistance, please contact Peter Plage of my staff at (303) 275-2370.
Sinter 7 / l? if
eite.eitny W Car son
Colorad Field Supervisor
cc: U.S. Army COE, Littleton, CO
Plage
kereter.ue:e'.e er/YMJw2(Io I.I'1'1
Sent By: APPLEGATE GROUP, INC. ; 3034526611 ; Oct-11 -01 9:24AM; Page 1 /2
FAX COVER SHEET
rillApplegate
Group, inc.
Consultants for Land,Minerals and Water
1499 West 120th Avenue, Suite 200 5441 Boeing Drive, Suite 200
Denver,Colorado 80234-2728 Loveland,Colorado 80538-8855
Phone: (303)452-6611 Fax: (303)452-2759 Phone: (970)461-9884 Fax: (970)613-1177
Number or pages to follow: 1
Attention: Kim Ogle
— —
Organization: Weld County Planning Department Phone: (970) 353-6100
FAX: (970) 304-6498
Date: October 11, 2001
File No: 00-107 Project Name: Wattenberg Lakes
Regarding: Preble's jumping mouse— USK 1350
Hard Copy:
rgNot Sent n Mail n Overnight Delivery
Comments:
Kim,
Enclosed is a copy of the USFWS letter accepting the results of the Preble's jumping mouse
trapping results conducted near the Wattenberg Lakes site. A copy of the trapping survey was
included in the material 1 gave you on Tuesday, October 11, 2001.
Bill
Copy To: Connie Davis, Aggregate Industries Si cd:
i tarn ienderlein
If you have received this fax in error,please call us and then destroy the fax. Thank you
�T Applegate
Group,
Consultants for Land,Minerals,and Water
Memorandum
Date: October 8, 2001 File No. 00-107
To: Bill Schenderlein
From: Jason Morrow
Subject: Huett Seepage Ditch
Bill,
On October 4 and October 8, 2001, I spoke with Bob Stahl, District 2 Water Commissioner, regarding
ownership of the Huett Seepage Ditch. According to Mr. Stahl, the ditch is not incorporated, but is privately
owned. Mr. Stahl stated that the only place l:he Huett Seepage Ditch is decreed for use is on the land in
which the ditch is located and, therefore, ownership of the ditch is tied to ownership of the land. The ditch is
currently being used as a source of water for a tree farm.
,—.Jason
EXHIBIT
1499 West 1201h Avenue, Suite 200 • Denver,Colorado 80234-2728 • (303)452-6611 • Fax: (303)452-2759
5441 Boeing Drive,Suite 200 • Loveland,Colorado 80538-8855 • (970)461-9884 • Fax: (970)613-1177
Davis Graham & Stubbs LLP
September 14, 2001 v
',y
Ms. Kim Ogle, Planner c96.
Weld County Planning Commission c,' 100 �A<
1555 North 17th Avenue
Greeley, CO 80631
Re: Aggregate Gravel Mine/USR#1350
Township 1 North, Range 67 West
Section 25: E/2, Weld County, Colorado
Dear Ms. Ogle:
This law firm represents Ken McGee Rocky Mountain Corporation ("KMRMC"),
formerly HS Resources, Inc., and HS Gathering, L.L.C. (`HSG"), owners of certain oil and gas
leasehold and pipeline easement rights in the above captioned lands (the "Property"). KMRMC
is vested with varying leasehold interests in the SE/4 of Section 25, while HSG owns and
operates a pipeline easement that traverses the E/2 of Section 25. The oil and gas leases covering
the Property and KMRMC's rights to use the surface of the Property for oil and gas development
are more particularly described in the attached Notice of Oil and Gas Interests and Surface Use
dated November 16, 2000, recorded November 16, 2000 at Document No. 2807470 of the real
property records of Weld County, Colorado. We have also enclosed for you review a map
reflecting the location of HSG's pipeline easement(265-3").
At the present time, KMRMC, HSG and applicant for the above captioned permit have
not executed a surface use agreement providing for reasonable access and use of the Property for
oil and gas development. KMRMC and HSG requests that the Site Specific Development Plan
and Special Review Permit adequately accommodate oil and gas and pipeline easement rights or
be conditioned upon execution of an agreement that adequately protects such interests.
Very truly yours,
Dustin M. Ammons
for
DAVIS, GRAHAM & STUBBS LLP CO
tt394021v1
September 14,20010S:4b Seventeentbi3itt6bA:MiltitPric0.'3®SB92"J rad@JBcittrtrammbbis .•Ibtk.corriax 1038931319
www.dgslaw.com ,��
September 14, 2001
Page 2
DMA/jw
Enclosures
cc: C. Greneaux of KMRMC
(without attachments)
111111111111111111;-.1111111111111111 III11111IIIIIIII
L I �>(J 2001470 1111612000 04:07? iA Suki Tsukamolo
I 01
3 B 15.00 0 0.00 Weld County CO
NOTICE OF OIL AND GAS INTERESTS AND SURFACE USE
'rids Notice of Oil rein Gas Interests has hems ptcpared and is being tiled of record by IIS
Resources, Inc, (hereinal'ter."I ISIt"1 whose address is long Ikuudway. Suite 161111, Denver,
Colorado, for Ihc purpose ul providing uddilionnl public notice of its rights in make use or the
siniace ofihe hods described below lire oil and gas esploranon,dcvclapntcnl and rdalcd opennious.
'or such purpose,1158 heichy stales as billows:
11512 is the owner of certain oil and gas leasehold rights al feeling the following described
lands in Weld County,Colorado(the"Lands"):
Township I North,Range 67 West,6th P.M.
Section 25:5/2
I ISR's oil and gas leasehold rights in the I derive Ron)those valid and subsisting oil and
gas leases which are described on I•rhihil"A",attached hereto and incorporated herein,and have
been duly recorded in the office of the('leak and Recorder of Weld('aunty(the"Leases').
l hider the laws of the Stale of Colorado and the provisions of the Leases,11512 bas certain
riglds to occupy and make use oldie surface ullhe I.:mds,which rights include bin ore not limited ar
the right kJ PROSECUTE OIL AND GAS DIt11,I,IN(;AND COMPLETION OPERATIONS;
PRODUCTION, TRANSPORTATION AND MARKETING OF OIL, GAS OIL OTHER
HYDROCARBON I'I(ODIII TS AS WELL AS RIGHTS OF ACCESS AND USE OF'THE
SIIItFA('I?MATH:LANDS FOR CONS'RI I("I'ION,INSTALLATION,MAINTENANCE,
REPAIR, ItE PLA CEA I EN'' AND M1 INIII)I4I NG OF WELLS, WE1.1. LOCATIONS,
lAMIII'NII!1N'I', 011111 AND ItESKltVt: I'll's, SEPARATORS, TANK ItA'1"I'P,RIFS,
PIPELINES,GAltI EIt I NO LINES,FI.I/WLINES,PIPELINE INTER(ER('I)N N F('''1ONS AND
ANY AND ALL 41'116:12 REASONABLE OIL CUSTOMARY USES OE THE LANDS
RELATED'1'O Si1( 11 OPERATIONS.
Exhibit`9J"attached herein is a plat of the Lands showing the allowable locations under
Colorado Oil and (ias Conservation Commission hale 1I 8A and indicates potential drillsite
locations where oil and gas drilling operations nay occur.
This Notice is intended to remain in effect for so long as the Leases,or any extensions or
renewals thereof, remain in effect as to any imriMin of the Lands. It is not intended to enlarge,
diminish or in any oilier way modify the respective rights,interests or titles of any early uwuing an
iueresl in the Lands,but is to be construed only us giving notice of I ISI1's lawful tights under the
applicable Leases and the laws of the Stale of Colorado.
IIS RESOURCES,INC.N
Ely:_—_
Tines P.Was( 1
Ih,ver Itasip- .and Supervisor
S4(59:i;g r eri.(i12A DO )
l` : TAR `: )
xs
CO4 -
INFY OF DENVER )
le
forpsoiaig instrument was acknowledged before are this 20th day of October,2000,by James
ubiitieyr,D4nter Basin Land Supervisor of I IS Resources,Inc.,a Delaware corporation.
WITNESS my b:uul and officialseal. _C 1C.0 ) r-(Alu_
^s Notary Public
My Commission expires: _ __.�-3`-( r1rl'1,,,
EXHIBIT"A"
ATTACHED TO AND MADE A PART OF NOTICE OF OIL AND GAS INTERESTS AND SURFACE USE
TIN-R6715/
SEC.25:5/2
WELD COUNTY,COLORADO
LEASE
LEASE NO. LESSOR LESSEE DATE BOOK REONO. TWNSP RANGE SECTION DESCRIPTION
CO-000723-000 MOORE.GAIL ET AL. M.E.THRASH 5/1/70 627 1548531 1N 67W 25 E/2SW/4,W/2SE/4
C0001517-000 REED,DOUGLAS.REED.JOHN&BELL.WILLUAM H. AMOCO PRODUCTION COMPANY 9/20/71 656 1577946 IN 67W 25 SW/45W/4
CO-001645-000 HUM.JOHN W.8 HUM,T,BERTHA C. T.S.PACE 4/10/70 624 1545876 1N 67W 25 E/25614
CO-002496-000 PEGG,LEONARD DALE 8 PEGG,MARLENE SUE AMOCO PRODUCTION COMPANY 10/5171 657 1578662 IN 67W 25 TRACT IN SE/4SW/4 DESCRIBED IN DEED SK 596 REC 1517584
1311111113 111111I I I I 11311I I I 1111111 HI 11111111
2807470 11/16/2000 04:07P JA Sukl TsukamoI
2 of 3 R 15.00 D 0.00 Weld County CO
Pape 1 of 1
11111111111111111111111111111 I I I I111111 I I I I11111111 I I I I
2807470 11/18/2000 04:07P JA Sukl Tsukainolo
3 of 3 R 18.00 D 0.00 Weld County CO
EXHIBIT 13
Colorado Oil and Gas Conservation Commission
GREATER WATTENBERG AREA
Special Well Location Rule
318 A
320 Ads Spacing(lnlf
arm' [till' ,.7,), ) t
auo' '°
' BOW 1:16000
:, i:4 :,- ti
ti ^9P0'
u l 1 1160'
i l 1 1
I
n400'x 400'
Sec., `_5-T I N - RG,TW
800'x 000'
Sub
SEE PAGE C-IN-674
,,,,,,_/ .__,_ L - ------i-
YJ -r
e.nis 2111. ,, I f"'1°
jom'° b+ow I I
I1-1511,e '7n.q' rsna I(I//JI/ I
�,..... ` I .15...:,.11 ; ;.:�" \ r.r.• ...n• s• -.9 • a-.
'�bra \ ..«rs, .. .11..11. Qum>s2eo-.✓^ (M ...m
I
)no.f. b �w��` 4wcctrriti � I 9
9Tx]'j Patti, re I b-b-O.s-ixl-3' r....lnf'..e. i I li
e.V �.. / 4-10-015-117-.4.
dL III
7 1
g Y, 16-10-075411-4.
.e e... .
re-ia-°m-an-5- w"! T
•
./"� ns-eer-c p.
_iv..I w-..e. ar>x i!- /'Lars: I� ttc
Ib rn-ban-1274- e I-.-_ non..^ .o.,... Z ..-w., """.. '.::b. xes is,
` 5JG
'),
.. ee.. . :-:::
-tr -
/
_ Lri
, __ I l
�. °.°7,.a -.
/I
BRIGHTON
.en Sit . ///I
•
TIN-R67W ab i5-�_� 64' 8 V M-P"75.2°2-1. If I i. TIN-R66V
i6-R67W p/
TI$-R66L
303 489 7107 P. 01
Carl Eiberger
754 W.C.R. 23%
Brighton, CO 80601
September 17, 2001
Mr. Kim Ogle
Planner, Weld County
Weld County Planning Department
1555 N. 17`h Avenue
Greeley,CO 80631
(Re): USR-- 1350, Aggregate Industries—WCR, Inc.
Mr. Ogle:
This letter is a follow up of the earlier telephone message.
Our property at 754 W.C. R. 23%,is adjacent to the above applicant. While we
have no intention to cause the applicant wasted time and monies in their business,
we are extremely concerned regarding the following impacts on our property,
domestic animals,wildlife and us. Below are three concerns.
1). Noise concerns regarding the adjacent commercial business.
2). Dust blowing from the adjacent commercial business,which will affect
the property,domestic animals, wildlife, and our health. The prevailing
wind direction is from the North—Northwest, and needs to be addressed.
Additional watering may be needed. Conveyers may need to be enclosed.
3). Visual impact from the adjacent commercial business. An (earth-berm)
with a 14' wood fence, may help block the adjacent equipment.
Aggregate Industries, is currently mining a gravel operation to the South of our
property. This operation is located South of the Weld/Adams County line. Our
property will be surrounded by mining operations, and the above concerns need to
be addressed.
Thank you in advance for you assistance. Please feel free to contact us at (303) 880-
4001.
arl iberger
EXHIBIT
1 3/
Clarence W.Hill
1158 Weld County Road 23 %:
Brighton,CO 80603
(303)654-9961
September 17,2001
Weld County Department of Planning Services
1555 N.17th Avenue
Greeley,CO 80631
RE: Case USR1350
Dear Nanning Services:
In regard to Aggregate lndustries-WCR Inc.,Case USR13 S0,1 have many concerns. My property lies next
to this proposed gravel pit.
I am concerned about what will happen to my 218.well that has been here since the early I900's? What
about the noise and dust created by this project? What about truck traffic? Where will the wild life which
includes coyotes, fox,deer and eagles,go when the approximately 95 acres of wetlands is permanently
destroyed? The mad in front of my property is a gravelldirt road. It already poses a potential dust danger
to us. Will my septic system still work the same? Exactly where is the gravel pit going to be? Is it right
next door to me'? What about water drainage from my property back towards the Plane River?
It saddens me to see the"progress"in this county. What used to be home to me was quite evenings with
birds in the surrounding trees;occasionally seeing deer in the small meadow to the southeast of me;clean
fresh air blowing in from the mountains. Most of all home meant peace and quiet in the country,like I
remember growing up in Colorado.
I don't know how to put a price on our environment It seems that in every situation like this that
whomever has the most money and influence will surely win out. The homeowners,property owners,and
wildlife will not be heard crying out,"stop and think about what you are destroying in the name of'
'progress"'
We have all seen what is left behind after the gravel has been depleted. It is not a restored lake with
abundant wild life as is always promised. All you have to do is drive into town along Highway 85 to see
the dredge holes left. You will see the once fertile land that grew abundant crops filled with waste din and
debris. I agree that once in awhile they make a nice park,like the ones by Adams County Fairgrounds;
But the deep holes and uneven twain of the others far outnumber any improvement made.
My only alternative,it seems,is to try to sell my property and move where there is no proposed gravel pit;
move away from the noise,dust, and devastation. However,this proposed gravel pit severely impacts the
value of my property and the marketability of it.
Already we can hear the the"beep-beep"going on late into the night from gravel pits which are not as
close in proximity to my house as this one will be. I calmer simply stay on my property and outlive this
"progress." I am 58 years old. My peace and serenity at home will be destroyed.
Sincerely,
Clarence W.Hill
EXHIBIT
100 SPL'ON 86b9t02OLES6 f SN31 I elnel3GNII 1t1SNSnINn 00 LO S00Z/81/60
rKim Ogle -Wattenberg Lakes Corps Application 200080189 Page 1
,0" From: "Franklin, J Scott NWO" <J.Scott.Franklin@nwo02.usace.army.mil>
To: 'Kim Ogle' <kogle@co.weld.co.us>
Date: 10/16/01 7:51 AM
Subject: Wattenberg Lakes, Corps Application 200080189
Kim -
I'm a little delinquent in responding to your request, but hope this update
is in time for your meeting.
The Corps of Engineers is still in the process of evaluating the Section 404
application by Aggregate Industries to impact wetlands and other waters of
the US in conjunction with mining operations at Wattenberg Lakes.
We issued a public notice back in April of this year that described the
proposed mining operations and, since that time, have been in negotiations
with Aggregate Industries to resolve comments by various individuals and
government offices, including the EPA, US Fish and Wildlife Service and the
Colorado Division of Wildlife. We have had several meetings with these
agencies and the applicant to ensure that any plan to impact waters of the
US is the least environmentally-damaging yet practicable alternative.
The latest amended proposal was submitted by Aggregate Industries on
September 28, 2001 and we are still evaluating this latest proposal.
Although our goal is to complete the process as timely as possible,
unfortunately, because of the potentially significant impacts, I can't give
you a timeline. Please feel free to call me if you have questions. --
Scott
J. Scott Franklin, P.E.
US Army Corps of Engineers
Denver Regulatory Office
9307 S. Platte Canyon Road
Littleton, CO 80128-6901
Phone: (303)979-4120
Fax: (303)979-0602
E-mail: j.s.franklin@usace.army.mil
http://www.nwo.usace.army.mil/html/od-WIri-lakes.html
> From: Chris Reichard[SMTP:chrisreichard@applegategroup.com]
> Sent: Tuesday, October 02, 2001 4:25 PM
>To: Scott Franklin (E-mail)
> Subject: Wattenberg Lakes-Weld County Letter
> Scott:
>The Weld County Planning Department received comments on the Wattenberg
> Lakes project from the EPA and FWS that were similar to those received
> on the 404 application. Through our discussions with them, they
!'• > requested a letter from the Corps of Engineers generally describing that
> the comments raised by the EPA and FWS are to be addressed as part of
> the currently ongoing 404 permit review process. It would help us EXHIBIT
Kim Ogle Wattenberg Lakes Corps Application 200080189 Page 2
�.� >address their concerns over the EPA and FWS comments if your office
>could send them a letter describing the process a little. Thank you for
>your help. Let me know if you need anything else.
> Chris Reichard
> Contact Information:
> Mr. Kim Ogle
>Weld County Planning Department
> 1555 North 17th Ave.
> Greeley, Colorado 80631
> email: kogle@co.weld.co.us
CC: 'Chris Reichard' <chrisreichard@applegategroup.com>, "Carey, Timothy T NWO"
<Timothy.T.Carey@nwo02.usace.army.m i I>
Ll'e.'ducunt ctanmingDapt.
Carl Eiberger
754 W.C.R. 23%
Brighton, CO 8060Q E C E II ," E D
December 14, 2001
Mr. Kim Ogle
Planner,Weld County
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
(Re): USR— 1350, Aggregate Industries—WCR, Inc.
Mr. Ogle:
This letter is a follow up of the earlier telephone message.
Our property at 754 W.C. It. 23%, is adjacent to the above applicant. While we
have no intention to cause the applicant wasted time and monies in their business,
we are extremely concerned regarding the following impacts on our property,
domestic animals,wildlife and us. Below are three concerns.
1). Noise concerns regarding the adjacent commercial business.
2). Dust blowing from the adjacent commercial business,which will affect
the property, domestic animals,wildlife, and our health. The prevailing
wind direction is from the North—Northwest, and needs to be addressed.
Additional watering may be needed. Conveyers may need to be enclosed.
3). Visual impact from the adjacent commercial business. An (earth-berm)
with a 14' wood fence, may help block the adjacent equipment.
Aggregate Industries, is currently mining a gravel operation to the South of our
property. This operation is located South of the Weld/Adams County line. Our
property will be surrounded by mining operations, and the above concerns need to
be addressed.
Thank you in advance for you assistance. Please feel free to contact us at (303) 880-
4001.
Carl Eiberger
Eg. EXHIBIT
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