The URL can be used to link to this page

Browse Search

Home My WebLink About800723.tiff i ° 111ei Sil6i, = 9 lil 1 , . V aR,ivw, Ili WI II ;R L ,I 'I 17! i �rseM W S 4`3V 'i 16'li w , lA jJ ;'I '4,9ie I' 11 ( -tF 7 4.6 y 4� 444 96 - &�2,, 1 V E lY` '1 id; s!�i;' ,p2I! _I dA., :I! y l!, .1�ti! ] ,IA.il! iig g .1i ;+ o a e •+liR'i1 (l9l e91Bt� • R '"r' ,i1 19Ri ti ii ii: a;l J1�!! 5 ,; s , s E ., f 17e1plfi ii [il.13 !¢3�!" i 3g rri +t 131is �: !�� • 1,6i,11! II(Y. { l�lq E11 RT(� u H 1 IIG11�@� I� i jiyl § ! ;" F''t iea� L6�p 7iP cop j ��S�{3p ppc67 : ;, , ,�— v n 1 @@ o f � 1'1� ii ! . ! !! � DiL ;'Y 11 i' •Hi! ; i;t i ,,,I, { t p i1 i T., ili !a C il 'e 1°li Riey: ae1('3N F II�` @A; R1"3! ( � t t Fl e i; 1'i tlg°'F 1( , Fiyi ',Yr; il`4^ y,yI!,i ( ° l`6 1 11 Y f' I' i :ppQ 77 L ,y1l I '1( ,11' 0 1 J 7r.11 !el iltl:' 1p7R I �•': �- !C � �' I° ° n` •Rr ni( ;; \- 9 >; C �I 1i_./) r// CO I _ -�� _ '1.x '92 _6•. _= ? \ I — (fir - - ?. _ it - J Ks --= x� �i /�/ ° / NI —• _ _--- N E I � � II \ �11 , ,/ LA r 41/ I I fin - ' /. 9 , 11 I , � - ! L� ` °' / z ,`'q�--fix -ti\./.------`-------A7 1\1 / 11- ��.� � �// t 1� O // / Ir /L. 1 , // � , — 1-- r11 // Om . // O w // ohs �r� "stir,,, _--__ r'yt(g'L y .c: 1-) !1 \_ MOOT --6 . ^ ,, ',der. r r Aeo -723 RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR AN OPEN CUT MINE - TUCKER CONSTRUCTION COMPANY, 4563 EAST COUNTY ROAD #68 , WELLINGTON, COLORADO 80549 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a public hearing on the 17th day of March, 1980 at the hour of 9 : 00 a.m. in the Chambers of the Board of County Com- missioners for the purpose of hearing the application of Tucker Construction Company, c/o Lee Tucker, 4563 East County Road #68 , Wellington, Colorado 80549 , for a Special Use Permit for an open cut mine operation on the following described real estate, to-wit: A tract of land located in Township 11 North, Range 67 West, Weld County, Colo- rado, more particularly described as follows : Section 17 all (except .229a AT & T in the Southwest Quarter, South- west Quarter) Section 20 North Half North- east Quarter. WHEREAS, the petitioner was present, and WHEREAS, evidence was presented in support of the granting of the Special Use Permit for an open cut mine operation on the above described real estate, and WHEREAS, Section 3 . 3 (E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural District upon appro- val by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all of the testimony and statements of those pre- sent, has studied the request of the petitioner and the recommenda- tions of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit U UU723 // 14/8 7 for an open cut mine operation on the hereinabove described real estate, conforms to the purposes of Section 3 .3 (E) (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Tucker Construction Company for a Special Use Permit for an open cut mine operation on the hereinabove described tract of land be, and hereby is, approved subject to the revised operation standards contained in the Special Use Permit. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the reasons for approval contained in the Planning Commission recommendations dated March 4 , 1980 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of March, A.D. , 1980. \-Ii t ,- . BOARD OF COUNTY COMMISSIONERS ATTEST: '<>..% WELD COUNTY, COLORADO Weld County Clerk and Recorder C % ,�� (Aye) and Clerk to the Board C. W. Kirby, C ,airman By: �� i�t �_� 4 _..( K (Aye) Deputy County Clerk eonard L. Roe, Pro-Tem \ AP-P ED AS TO FORM: l (Aye) \ / ` L Norman Carlson County Attorney ye) Ly Dun ar Aye) J e K. Steinmark DATE PRESENTED: MARCH 19 , 1980 The Department of Planning Services had made the following revisions in the Staff Comments for Special Use Permit 411 :80: 1 from Tucker Construction Company as follows : Add Condition #5. The plat shall be amended to identify the following prior to recordation of the plat : (a) Mining Units 4 and 5 on the Special Use Permit Area (b) the access to the Interstate 25 Frontage Road as the only access to be used for the gravel operation in the NW4 Section 17, T11N, R67W. Additions to the Operations Standards. Number 1 shall be amended as follows: The uses permitted on the hereon described parcel shall be an open pit mine for sand and gravel extraction which shall limited to Mining Units 1 , 2, 3,4 and 5 for a 220 acres as shown on the Extraction Plan and described in detail in the Special Use Permit application by Impact Environmental Scientists and Engineers. If at any time the operation expands beyond Mining Units 1, 2, 3, 4 and 5 the operation shall apply for an amendment to the Special Use Permit . The uses permitted on the hereon described parcel shall also be all uses permitted by right under Section 3. 3B of the Weld County Zoning Resolution. Number 2 shall be the same except that the last line shall be deleted. No excavation or processing of sand add gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement AO the owner or owners of such adjacent property consent to a lesser distance. Number 10 shall be amended to read as follows : All accesses shall have the approval of the Weld County Engineering Department and/or the Colorado Division of Highways. All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County -Engineering Department and/or the Colorado Division of Highways. There shall be only one access to the Interstate 25 Frontage Road in the NW4 Section 17, T11N, R67W. Number 14 shall be amended to read as follows Any temporary structures should be located a safe distance above any natural-flow path of significant nature. Number 15 shall be amended to read as follows: A gravel plant for crushing, sizing and washing may be allowed on site. Add Operations Standard #18 as suggested by the applicant : The owner and /or operator shall submit to the Weld County Planning Department copies of any technical revisions, amendments, or annual reports submitted under the terms of the permit conditions for the Colorado Mindd Land Reclamation Board. Date : February 19 , 1980 CASE NUMBER: SUP-411 :80 : 1 NAME: Tucker Construction Company REQUEST: Open Cut Mine Permit for Sand and Gravel LEGAL DESCRIPTION: Section 17 and N% NE%, Section 20, T11N, R67W LOCATION: 1% miles northwest of Carr THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. It is the opinion of the Department of Planning Services staff that the proposed operation is in compliance with the polities of the Weld County Mineral Resources Extraction Plan in that the parcel is non-irrigated, non-cultivated land lying within a designated mineral resource conservation area. 2. It is the opinion of the Department of Planning Services staff that the proposed operation is in compliance with the provisions of Section 3. 3 (E) (2) of the Weld County Zoning Resolution. 3. It is the opinion of the Department of Planning Services staff that the design and controls proposed in the operation and the attached Operation Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. This determination is based in part upon a review of the information submitted by the applicant , other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation is conditional upon the following: 1. The attached Operations Standards (as modified from the proposed Operations Standards outlined in Section 6. 1 (3) E. regarding open mining) being recommended and approved for this request. 2. The mining plan map being amended to show the Operations �1andar�s on the plat prior to recording the maps in the weld County C1Prk and Recorder' s Office . 3. The following note being placed on the Special Use Permit plat : Tucker Construction Company SUP-411 :80 : 1 PLANNING STAFF RECOMMENDATION February 19, 1980 Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards 4. The applicant submitting the following information and/or materials prior to the hearing before the Board of County Commissioners : a. A program for maintenance and/or upgrading of this highway frontage road and any county roads which are used to haul - _ gravel which shall be accepted by the Board of County Commissioners. This program shall be reviewed by the Weld County Engineering Department and Colorado Division of Highways prior to the Board of County Commissioners hearing. b. Confirmation by the State Division of Water Resources that there is an adequate water supply for the proposed operation. c. Confirmation by the State Division of Water Resources that use of the well permit has been changed from use for livestock to use for industrial purposes. d. Design plans for construction and operation of the proposed dam and pond which shall be reviewed for flood and engineering hazards by the Weld County Department of Engineering, Soil Conservation Service, State Division of Water Resources, and Colorado Water Conservation Board. Tucker Construction Company Open Cut Mining-Sand and Gravel OPERATIONS STANDARDS N';t 1. The uses permitted on the hereon described parcel shall be an open pit mine for sand and gravel extraction which shall be limited to mining units 1, 2 , and 3 as shown on the Extraction Plan and described in detail in the Special Use Permit application by Impact. If at any time the operation expands beyond mining units 1, 2, and 3, the operation shall apply for an amendment to the Special Use Permit. The uses permitted on the hereon described parcel shall also be all uses permitted by right under Section 3. 3B of the Weld County Zoning Resolution. 2 . No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement to the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 3. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 4. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 5 . Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 6. All access roads from sand and gravel operations to public highways, roads, or streets, or to adjoining residential structures shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one-fourth mile of the public highway, road, street, or adjoining residential structure. 7. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 8. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100 , 000. 00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 9. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. 10 . All accesses shall have the approval of the Weld County Engineering Department and/or the Colorado Division of Highways . All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department and/or the Colorado Division of Highways. 11. Any operations of the gravel pit should not obstruct the passage of the 100-year flood flows, or the peak of record if no 100-year flow is determined, to the point that it has any adverse effects on others. 12 . Fuel tanks, septic tanks, and other items that might wash away during flooding and create "hazards to public health" should be securely anchored and adequately floodproofed to avoid creation of this type of a hazard. 13. The small dams should be designed to requirements of the office of the State Engineer and either removed or maintained in a safe manner following completion of mining. .`fit 14 . It appears t,liF any temporary structures can and should be located a safe distance above any natural-flow path of significant nature. 15 . A tajce 'oxut gravel plant for crushing, sizing and washing may be allowed on site. 16. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operations Standards shall be permitted. Any other changes from the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. 17. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operations Standards. Noncompliance with any of the above stated Operations Standards shall be reason for revocation of the Special Use Permit by the Board of County Commissioners. JVA 1%. e Comments 1. The applicant has requested an extension of operating hours - to include two shifts. The Department of Planning Services staff has no problems with this request but suggests the Planning Commission consider the actual time limitations. 2. The applicant has requested clarification of the terms used in Operations Standards # 11, 12, 13, and 14 regarding flood hazard mitigation. The Colorado Water Conservation Board has suggested that the applicant either define the flood boundaries or comply with the proposed Weld County Flood Hazard Regulations as an alternative to tho- Operation Standards. 3. The applicant has requested that references to use of Weld County roads be eliminated as the applicant does not intend to utilize Weld County roads. It is the opinion of the Department of Planning Services staff that the applicant should submit a letter to that effect , prior to any change in the recommended Operations Standards. The letter may, if the Planning Commission feels it appropriate, state that a plan for maintenance of any county roads be submitted to and approved by the Board of County Commissioners prior to any use of Weld County roads. 4. We have received a letter from a surrounding property owner ' regarding this special use permit . Copies are attached. DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 O • COLORADO November 11, 1980 Julie Jennens Impact Ltd 1409 Larimer Square Denver, CO 80202 RE: SUP-411:80:1 for Tucker Construction Co. Dear Ms. Jennens: The Department of Planning Services has reviewed the technical revision submitted by Tucker Aggregate, Inc. and does not find this to be a significant change from the Special Use Permit approved by the Planning Commission and the Board of County Commissioners. Therefore we will file the map and letter with the Special Use Permit, should there be any questions about this matter in the future. We appreciate your sending us this information for our files. Should you have any questions, please feel free to call me. Respectfully, j u: LL I�U-�{b Vickie Traxler Assissant Zoning Administrator • en ®SL',DER. Complete i:_.:s 1,2,and 3. udress to the 'h �''RN T ' space cn , Ad your a reveille. t'g I Th:foliow:n3 service is re loafed(check one.) ' O Show to w::ora and date del_; + RECEPT FOR CIRTIFfiE® IIII)ML. ❑ Show to%ho:n,date and ad;.c;s c.f%e'.iverg __ NO INSURANCE COVERAGE PROVIDED- NOT RESTRICTED L-£L,-,EPA' PJOT FOR Reverse) MAIL `- Shc-/to wi.or+c ''• (See Rev :.3 .,de..,crc? _ Reverse) O 1 >Ta'rli`1 c D ELT;:LILY. SENT TO Shoji to%horn, mil a3, _: of d&tr:e ° TivJulie Jennens ry.$�_ (CO�SULTPC::'.. F. "T iC..... S) �eeNEtd. 2. ARYICL_kCDRES� TO. Denver, �p E e g0202 a Julie Jennens POSTAGE S Impact Ltd. 2 CERTIFIED FEE e 2 _1_409 Larimer Sq. , Denver, CO 802 2 h N ? !.:i!L L I ..x.IPTGD4,. LL SPECIAL DELIVERY C !' 6 C ! :ER :,7, C;,'s - , NO. r ¢ RESTRICTED DELIVERY c' -; to _t�_�eta. LL _ P26 0262856 w eg w DAOaTOIEDAND y co DATE DELIVERED e `_ (:'_ r=-;s o,-t_.n s_ .3--I as dre:soe or arc r t)y • u+ ai SHC:,TOV:HOM DATE I I :73lec_-:ed e_c a y - DE�,ERVESSOF C __rbed at •.c. a ATE S, w Z`TV` E C,.d*;.^+.;ee CL%nfiallied agent j SHC.4 r0 L":NOE'AND R'CT y' DEL.VERED WITH RESTR CTED c ^i DELIVERY 4 "th- SHO':JTOV.'H0:1 DATEA",D ; �^ �� i ADDRESS OF DELIVF g:TH A -Cr OL1 tYJ"�y POSTMARK RESTR CTED DELIVERY c !I /._., L a TOTAL POSTAGE AND FEES 1$S S. A0O,v !_i pLcia or!'y iI requested) n Q POSTMARK OR DATE O rni 2 en ',fl3LETODELIVERELSE. cLE RK'S E 11/12/80 INITIALS 0 A t'" i:1a. *GPO:1979-309-459 R DEPARTMENT OF PLANNING SERVICES PHONE (303)356.4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 c. COLORADO January 17, 1980 Lee Tucker Tucker Construction Company 4563 East County Road 68 Wellington, Colorado 80549 RE: Request for a Special Use Permit for an open cut mine permit for sand and gravel extraction on a parcel of land described as Pt. Section 17 and N1 NE4, Section 20, T11N, R67W of the 6th p.m. , Weld County, Colorado Dear Mr. Tucker: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, February 19, 1980 at 1 : 30 p.m. This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to make your presentation on your request and be available to answer any questions the Planning Commission members might have with respect to your application. If you have any questions concerning this matter, please feel free to contact our office. i Respectfully, ] _ - Ut Clt-t, 1 cL SLR + r Vickie Traxler Assistant Zoning Administrator VT:sap cc: Terry Grazing Association, 4050 West 20th St. , Greeley Steve Schermerhorn, Impact Environmental Consultants, 1409 Larimer Square, Denver, Colorado 80202 • SI\DFR (uL,-,.'i .'11. ' 2 I1, , ,�_ I 1_ 1Jd;u;, uhlreNs ni th, RI-TURN l0 • . , on revers,' FR EC 7_'f1-.7 i-✓,i- C ESL a!. .__.; b..1:-'.1_: , lb , The to!h'ss r�sere tc t�re;uccted (cht.k one.) .. V 7'.,;-,"'_ , . CIO-- l'' CIO-- l'' [ 1 Show to whom and date del sered _I; Lai i hC 1 i'sTE Y,:4 T IJ;Jf.'_F.,: r ' �tio�s to%shorn,date,and address of dcltsery _C (See?Sverc1 co' r 4 RI STRiCTE D DELIVERY s "'` - -\-��\ -N �` Shoss to whom ,i,T _ d date delisered r ��y, �N,Ns,t�7.N-.:3` .mil_ l Show to RESTRICTED whom, DELI�'ER�" � ^ n� �� Show to 5- (Litt id address of delo.ery \ \, (C ONSI LT POSTSLA'TFR I OR FEES) A`.:z CODE �`y� y� 2, ARTICI.E ADDRESSED TO POSTAGE S `4\_` .\•-. T _ . \ ,/) CERTIFIED FE: x m ,_�`1, `}t �' a W SPECIAL DELIVERY C CsN.,\. �., \\`\�''� , t __.2.,_' — o RESTRICTED DELIVERY C{ Z 3 ARTICLE DESCRtP ION `� 3 ,✓ cc co w Slat..-'..:.�D^a AND C mREGISTERED NO i CERTIFIED NO INSURED NO w w " DATEfEL.EaED M `, a . >` \ / • IIZ y S.'C::TOC.HD19 DATE 33 (Always obtain signature of addressee or anent) e. ¢ w DE. y 7 8_ ¢ SHC::TO tN OM AD DATE I have received the article described above DELIVERED W'TH RESTRICTED C m SIGNATL REAddy•. •e 0 0 \olhorwil agct t o o g DE: VFR� U C SHD::T0��011 DATE A'.0 P r _ - rc ADDRESS OF DEL IsERYV,ITR 0 �p RESTR CTED DELIVERY Z 4 `7�� cr��r R1 �� r- ch c DATE OF DELIVERY POSTMARt)(� TOTAL POSTAGE AND FEES S p i� �'( r fI,f^ .K, /) C .' f .o�jf/ - t Q POST't9ARKORDATE ---- -- --- Z 5 ADDRESS (Complete only if requdsted) ;'�.1 // ) g m w rn E \ \\ --I o T 6 UNABLE TO DELIVER BECAUSE m U ROC'S p INITIALS ts�., s.3 `l - GPO 1978 272-382 R 1 • 4,4%, v... impact th. environmental scientists & engineers 1409 larimer square • denver, colorado 80202 • 303-571-1300 October 24, 1980 Ms. Vickie Traxler Assistant Zoning Adminstrator Weld County Colorado Planning Department 915 10th Street Greeley, Colorado 80631 4 Dear Ms. Traxler: Attached please find a copy of the Technical Revision being submitted for approval by Tucker Aggregate, Inc. This is in compliance with your requirement for such notification. Cordially, —IMPACT, LTD. lie Al Jenne Office Manager JAJ/mo 2829 Enclosure ' 311' lDP AD' i v. ti 0d O °70 -S:0;$1. 'V ol r :R Tucker Construction Company Surface Aggregate Mine Technical Revision MLRB File #80-2 Mining Plan - Due to a late start on operations the applicant is currently still mining in the south half of Unit 1 with a disturbance of approximately one acre in the east central portion of Unit 2 in order to avoid mining the north half of Unit 1 until a large stockpile of sand left by the previous operator can be removed from the site. It is currently anticipated that all three initial units may be mined before the end of 1980 and an amended mining plan is currently under development for 1981 to cover the area north of indicated Units 1 and 2 in the permit. Initially Unit 1 was to be mined for 400,000 tons of pit run and base material. It is currently being mined for crushed rock and sand due to the differences in contracts expected and received between the submission of the application for the 112 permit and the current time. The plant is currently processing an average of 250 tons per hour in an extended one shift operation. This technical revision seeks to use an area south of the plant site for two settling basins to replace the washwater storage and settling pond, diversion ditch and diversion dam previously scheduled for the creek bed of Lone Tree Creek. These settling ponds will be built in a horseshoe shape as indicated on Exhibit C-2 as revised. They will be excavated to the sandstone layer underlying the gravel deposit. The areas proposed for settling pond use were disturbed by the prior operator and are used in part now for parking and turn around areas for the current plant site. When the mining operation is completed these settling basins will be reclaimed. The previous sediment pond dams and diversion affected acreage was listed as 6.32 acres. The new settling basins will occupy approximately 5.18 acres, some portion of which is current plant site. It is proposed that the acreage for the settling basins be exchanged for that acreage formally required for dams and diversion. A watchman's housing area is also indicated on Exhibit C-2 as is a slight shift in location for topsoil and overburden stockpiling for Units 1 and 2. Reclamation Plan - As mentioned previously the settling basins will be reclaimed. However, there is some indication that the grazing association may wish to keep the watchman's housing and shop area in tact after the mining is complete. This is yet to be verified conclusively. Topsoil to be stockpiled will not exceed 50,000 cubic yards nor will the disturbed acreage exceed 45 acres as currently bonded. The operator will be seeding access road drainage ditches, the watchman's area, if approved, and some areas requested to be seeded by the land owner which were disturbed by the previous operator. This seeding is scheduled for late fall . Water requirements and resource information previously filed remain unchanged. t 1 WALKER MILLER ATTORNEY AND COUNSELOR AT LAW 804 7TH STREET - P 0 BOX 1424 GREELEY, COLORADO 80632 �,�� `' TELEPHONE (303) 352-9469 '•' - - Glb,uly March 13, 1980 a ipd Mr. Russell R. Anson Weld County Attorney Centennial Building Greeley, Colorado 8066331 31 Mrs. Vickie Traxler Department of Planning Services Centennial Building Greeley, Colorado 80631 Re: Operation Standards of Tucker Con- struction Company Dear Russ and Vickie: I have reviewed the revised Operations Standards and appreciate the changes that have been made. We of course would favor further changes but also rec- ognize differences in perspective. I believe that my clients can live with these standards with two exceptions, both of which I would think you would agree need to be changed. First of all, in standard 9, the reference to the access point on Inter- state 25 Frontage Road has the wrong legal description. The actual access point would be in the Northeast Quarter (NE/4) Section 18, Township 11, Range 67 West. This is not part of the special use permit area. The actual road that is shown on the map goes across the Northwest Quarter (NW/4) Section 17 and the Northeast Quarter (NE/4) Section 18, where it intersects with the frontage road. If you merely wanted to change the paragraph as drafted, you would substitute the Northeast Quarter (NE/4) Section 18 for the current language of the Northwest Quarter (NW/4) Section 17. If you wanted to be more descriptive, perhaps you could say the only access would be across the private road through the Northwest Quarter (NW/4) Section 17 and the North- east Quarter (NE/4) Section 18, with the access point being in the latter quarter. The other point is in standard 13. You made a change in the first sentence, but not in the second. For the reasons that we have previously discussed, the second sentence should have the word "may1l substituted for the word t. I Mr. Russell R. Anson Mrs. Vickie Traxler March 13, 1980 Page Two "shall." I think that is only proper from a legal standpoint in that it gives a reason for revocation but does not imply automatic revocation that the mandatory word of "shall" might do. Again, thank you for the changes made and I would hope that you would agree that the above two clerical changes would be in order. Ve y truly ours, l lker Miller WM/nt cc: Mr. Lee Tucker Mr. R. Stephen Schermerhorn it II , s WALKER MILLER ATTORNEY AND COUNSELOR AT LAW 804 7TH STREET • P O BOX 1424 GREELEY, COLORADO 80632 TELEPHONE (303) 352-9469 March 4 , 1980 ,, ;4 z . ` Mr. Russell R. Anson ,‘. 4,4 Weld County Attorney `- Centennial Building Greeley, Colorado 80631 - " - Ms. Vickie Traxler Department of Planning Services Centennial Building Greeley, Colorado 80631 Re: Tucker Sand and Gravel Mine Dear Russ and Vickie: I am enclosing proposed Extraction and Operation Standards to be included on the Extraction Plan Map. I would hasten to emphasize that much of this is merely my own recommenda- tion based on the review of the applicable regulations. I have legal con- cerns about the standards as drafted. From a practical standpoint, I do not believe Tucker has any difficulties. It is the procedure and possible future problems that compel me to suggest the enclosed and explain my con- cern. Vickie indicated that the Operation Standards set forth in the Zoning Reso- lution may not be applicable without inclusion in the Map. I certainly agree that the published Resolution is not artfully drafted and could lead to argumentation. For purposes of my points, however, I will assume that Vickie is right and what the County wants to do is to insure that the rel- evant Operations Standards are clearly imposed upon the applicant. The first alternative of dealing with that potential problem would be to merely state that the applicant is bound by relevant Operations Standards as published. This would seem to be the intent of the outline procedures included in your published volumes. What that procedure does not decide, of course, is which of the standards might be applicable. If the goal of the planning process is to view each application separately and determine what particular matters are of concern to the public welfare Mr. Russell R. Anson Ms. Vickie Traxler March 4, 1980 Page Two (as it should be) , then it -seems to me we should select those particular provisions from the standards which are in fact relevant to this applica- tion. In that regard, many which Vickie had included I have deleted. For example, there are no public roads or drainage ways which are impacted by this application. Therefore, a provision dealing with "existing trees and ground cover" along them can only be a source of difficulty and serves no purpose. Similarly, references to weeds, etc. , that might impact on sur- rounding landowners is misplaced in this particular application. Perhaps most troublesome, however, are the standards dealing with other jurisdictional authorities. As you both know, a county is a state sub- division which is possessed of only that legal authority expressly granted to it by statute or constitution (or as may be necessarily implied from any express grant) . Some of these standards deal with matters regulated by other agencies and which cannot, therefore, be regulated by the county. This is especially troublesome because of the language Vickie has used in her original paragraph 17, which states: "Noncompliance with any of the above stated operation standards shall be reason for revocation of the Special Use Permit by the Board of County Commissioners." The quoted language itself is troublesome because of its mandatory nature. It could be construed to mean that revocation shall occur, without hearing, in clear violation of the law, or, almost as bad, to create a presumption in favor of revocation. What is worse, however, is that it would mean a Special Use Permit could be revoked for failure to comply with something that is exclusively regulated by the State Health Department, Colorado Division of Highways, the State Engineer, etc. I just do not think that is legally proper. As stated, these are chiefly legal concerns personal to myself. I certainly do not want to prejudice the applicant, as he apparently believes he can live with these standards. In summary, however, I believe there should be substantial question as to this procedure which ends up incorporating all sorts of various standards and seems to assume unto the county jurisdic- tion it does not otherwise possess. These points might be summarized as follows: 1. The zoning plan itself provides that the map should contain "extraction standards" (6. 1 (3)C,l,k) and other information "as may be re- quired by the Board of County Commissioners to satisfactorily explain the general requirements for the type of operation anticipated." (6.1(3)C,1,1) The extraction standards are shown in the enclosed in the first two para- graphs. Other information might be that which is generally required. 2. You should not burden the permit with irrelevant matters such as requirements concerning trees when none exist. - : $ 1 Mr. Russell R. Anson Ms. Vickie Traxler March 4, 1980 Page Three 3. You should not go beyond the designated authority of the county. In particular, you should not assume jurisdiction over matters exclusively assigned to other state agencies. That seems to me to be a violation of the law. I hope you will give these thoughts some consideration. I do believe that the enclosed standards meet the needs of the particular site, establish the rules by which the operation should be conducted and properly assign regulation to the relevant designated state agency. Very truly y urs, i (, / r l\' •e filler WM/nt enclosure TUCKER CONSTRUCTION COMPANY OPEN-CUT MINING--SAND AND GRAVEL EXTRACTION AND OPERATIONS STANDARDS 1. This is a Special Use Permit to conduct an open pit mine for sand and gravel extraction over an approximate 220-acre area shown by the proposed pit boundary of the within Extraction Map Plan. Mining shall be by Units 1, 2, 3 and as shown on this Map and described in the Special Use Permit Application. 2. The extraction method shall be a dry pit operation for each Unit. Overburden will be moved to stockpile areas by scraper. Materials will be pushed by bulldozer and transported by front-end loader to plant site. Material will be crushed, screened, washed and stockpiled at the plant site. It will be weighed, loaded and hauled from the plant site thereafter. 3. . The operation shall comply with the requirements of the Colo- rado Mined Land Reclamation Act and the Weld County and State Health Stand- ards pertaining to air quality, water quality, noise emission and sanitary disposal systems, including all rules and regulations. 4. Traffic for hauling the sand and gravel from the premises shall'`, _ be limited to the private access road shown on the within Plan across the Northeast Quarter (NE/4) of Section 17 and the Northeast Quarter (NE/4) of Section 18, Township 11, Range 67 West, to the I-25 frontage road. This limi- tation shall not apply to other types of traffic, such as employee traffic. Noc'ounty road usage is requested for this operation. The access onto the ' 1-25 frontage road, its construction and maintenance, shall be in accordance with the requirements of the Colorado Division of Highways. 5. No excavation or processing shall be permitted nearer than ten feet (10') to the boundary of adjacent property, easement or right-of-way, nor nearer than one hundred twenty-five feet (125') to any existing residence, un- less the Planning Commission approves a lesser distance and the adjacent owner consents in 'writing thereto. 6. Generally the operations should be conducted during daylight hours, provided however, two (2) shifts shall be permitted so long as the later shift does not extend beyond the hours of o'clock P.M. These limitations shall not apply to public or private emergencies, making necessary repairs to equipment or the operation of executive or repair facilities lo- cated on the property. 7. Where topsoil is removed, sufficient topsoil shall be set aside for respreading over the excavated area. 8. The operator shall furnish evidence he is insured to the extent of not less than $100,000.00 against liability for any negligent act or omis- sion by the operator from the operation or maintenance thereof and the extrac- tion and production of sand and gravel and all activities connected with or incidental thereto. 9. A plant for crushing, sizing and washing is permitted on the site. 10. All construction and location of improvements and equipment should be made with due regard to the threat of a 100-year flood, or the peak of record if the 100-year flood has not been determined, to avoid, to the extent reasonably practicable, any adverse effect on others. 11. The Special Use Permit shall be limited to this Extraction Map Plan and governed by these stated standards. Any material deviation therefrom s shall require the approval of an amendment hereof by the Board of County Com- missioners (or, if lawful, the Planning Commission or Department of Planning Services) pursuant to established rules and regulations before any such change shall be permitted. -2- • TUCKER CONSTRUCTION COMPANY OPEN-CUT MINING--SANS RAVEL Trlir lIP'' T- EXTRACTION AND OPERATIONS STANDARDS 1. This is a Special Use Permit to conduct an open pit mine for sand and gravel extraction over an approximate 220-acre area shown by the proposed pit boundary of the within Extraction Map Plan. Mining shall be by Units 1, 2, 3 and as shown on this Map and described in the Special Use Permit Application. v‘pf de,scc-ti- 1Q_s_ c X A c • shall require the approval of an amendment hereof by the Board of County Com- missioners (or, if lawful, the Planning Commission or Department of Planning Services) pursuant to established rules and regulations before any such change shall be permitted. GM1,.ay�b 7-600 SA ' 4S 1Y1 .//4 s c*h`O - I r &6_) vc' /czio 7LajOYI /mace 6a.6.2. 1,,f)71 .yt4/act.„Gx„) ' 7)./e_a_ i4, Cla)AO-\[ V1 \r42, \LINW.k fl h o w�-� vvw o v i r)La `-t l 6L Y C- ab e'c 1 �' 7 yam ti��. WCk �e( Cc_:�'\,``NCS-'C�� .`�G-cC1 '�J -5`'t 1 ��`� ` 1`�c..,.�� C,l,n.. JCL ,k‘ :ee cCS S \r, G1 Lsq l( cDt z ) S\et_{e v.��v� - �1�e ; > �� ,��a�— - ��- � r `� ,c,� � . Dr`- ' � '\^ C\a.l1L vl V,S,U�. �c��P r Q�s:..�-K�<��- J.,7� O� 1 S�(gx42,, t\ Q \c4 fi S Z - -Z `�S ` t e s e y q . • , . Cod 'e- / r:e- 7;\41:t L.:6/-v\C k-ed ecce-S5. ThYy,-Pnd D . S -ids T f°c. Vhevid 1h 4At"in impact the environmental scientists & engineers 1409 lanmer square • denver, colorado 80202 • 303-571-1300 February 20, 1980 �2`'' -Juicy (31: MS. Vickie Traxler % e.°�° Assistant Zoning Administrator ' , �; , 3'O Weld County Colorado d � « Planning Department 915 10th Street Greeley, Colorado 80631 Subject: Tucker Construction Company Aggregate Operation Special Use Permit (Weld County SUP-411: 80: 1) The following is drafted in response to the recommendations of the Weld County Planning Services staff dated February 19, 1980. We would like to extend to the staff our appreciation for a conscientious review and for recommendation of approval for the Special Use Permit. We concur in your conclusion that it is, in fact, an excellent fit with the planning criteria established by your regulations and guidelines. As we have discussed with you previously there are some issues in the February 19th transmittal which merit clarification. Your Item 4 has listed four elements for which you require additional information prior to the hearing by the commissioners. Tucker Construction Company would respond as follows: Item 4a: Mr. Chotvacs of the State Highway Department responded to your «j- request by letter on February 6, 1980. In that letter he stated that an appropriate highway maintenance program should be worked out for the east frontage road to I-25 north of the Carr interchange and that interchange with Mr. Dave Fraser, the District IV Maintenance Superintendant for the Highway Department. Confirmation that that program has been worked out to the satisfaction of the highway department is included in a letter from Mr. Dave Fraser to your office dated February 15, 1980. You also had questions regarding the use of Weld County roads. No use of Weld County roads is anticipated at this time. The truck traffic will go south on the I-25 frontage road to the Carr interchange thence south on I-25 out of the county. The response from the State Highway Department should be adequate concerning those issues since that is clearly the purvey of that state agency. x February 20, 1980 Ms. Vickie Traxler Page 2 Item 4b & Item 4c concerning questions of adequate water supply and well usage: Due to initial responses from the State Engineers office a new water plan has been prepared and submitted to the water commissioner respon- sible for the area in which the Tucker Aggregate Operation is to take place. The water commissioner has worked with us in the development of the water plan and a letter to you from the State Engineers office Division Engineer James Clark dated February 19, 1979 states without reservation that the water use is appropriate and adequate for the operation. We would submit that having this approval from the State Engineers office is adequate for the purposes of the special use permit review. A legal opinion seems ap- priate concerning the planning commission's authority in these manners. Item 4d regarding the impoundment structures to be used to contain wash water during sediment deposition: The structures will not exceed 10 feet in height. The control of impoundment structures in the State of Colorado falls solely within the purvey of the State Engineers office to the best of our knowledge. Here again, a confirming legal opinion should be sought. Since the impoundment structures are less than 10 feet they are specifically exempted by statute from even the purvey of the State Engineers office. To the best of our knowledge no statutory authority exists for the regulation of small impoundment structures on private property by the Soil Conservation Service, the State Water Conservation Commission or the County Engineers office. We would be happy to respond to the concern of those offices if proper statutory citations can be presented indicating their authority in these issues. Moving to the operating standards. Operation Standard #1: Operation Standard #1 limits the operation to mining units 1, 2 and 3. We believe it was quite clear from the on-set that Tucker Construction Company planned to mine the full 220 acres within the mining plan as submitted. This is attested to by the following which you will find appended to this letter: The application to the State of Colorado Mined Land Reclamation Board clearly stating that the disturbed acreage will be 220 acres; the application for Special Use Permit to the Weld County Board where on page 1 it states twice that the affected acreage will be 220 acres; the affected acreage table in the Mining Plan for the Mined Land Reclamation Board and the Extraction Plan for Weld County clearly stating that the affected acreage will be 220 acres ; the extraction plan map sub- mitted to your department on which it is clearly labeled that the perimeter February 20, 1980 Ms. Vickie Traxler Page 3 planimetered to be 220 acres is the "proposed pit boundary"; and finally, notification to all adjacent landowners to the contiguous Terry Grazing Property which clearly states that the proposed mining area is 220 acres. We would, therefore, submit that the mining plan is for 220 acres. We have indicated in a supplement to you at your request the direction of mining, the amount of aggregate and the possible ranges of mine phasing which are contract dependant. We would further submit that since it is clearly your intent to limit the mining to the permitted boundary that we have no need for a special use permit for the entirety of Section 17 and the north half of the northeast quarter of Section 20 and have therefore overpayed our application fee by between $1,475 and $2,375. We would, therefore, seek a refund of that overpayment. Operation Standard #2: We have no objection other than the last sentence which should be stricken so that the Planning Commission may not arbitrarily, at any time after the mining plan is in progress, change the boundary conditions. It is our opinion that the boundary conditions should be established firmly at the time they are made an operation standard. Operation Standard #3: Tucker Construction would suggest that the operation could be conducted on a two shift basis year round without disturbing adjacent property owners. A substantial buffer of more than 5,000 feet exists between the operation in the near term and the nearest property owner. Ultimately, that will be reduced to a minimum of 1,300 feet for a short period of time for only one adjacent property owner when the operation is taking place in the north half of the northeast quarter of Section 20. As it has been expressed to us in our meetings, your primary concern is noise intrusion across that property line. We feel that the noise intrusion will not be objectionable to that property owner. Further, the noise regulation for the State of Colorado is a nuisance statute and it is doubtful that the property owner would initiate litigation. Therefore, we feel that it is appropriately substantiated that no harm to health or welfare will accrue as the result of the operation of this aggregate pit for two shifts. Operation Standard #4: We feel that the mowing of weeds in open range- land is an inappropriate operations standard particularly since the sur- rounding property is also untended. We suggest that this operation standard be stricken as not applicable in this site specific case. qi February 20, 1980 Ms. Vickie Traxler Page 4 Operation Standard #5: Operation standard #5 pertains to existing trees and groundcover along public road frontage and drainage ways. This property does not abut any public road frontage or drainage ways. We, therefore, find this operation standard to be inapplicable in this site specific case and suggest it be stricken. Operation Standard #6: Operation Standard #6 speaks to dust control . Dust control is covered by Operation Standard #9 which requires that the operation comply with county and state health standards and regulations. The State Health Department has mandated appropriate dust control in its consideration of the issuance of a Fugitive Dust Permit for the operation of the Tucker Aggregate pit. Therefore, because it clearly falls within the jurisdiction of another agency, we would move that Operation Standard #6 be stricken in deference to the requirements of the Colorado Department of Health and suggest a legal opinion be sought on authority. Operation Standard #7: Topsoil removal handling and redistribution as mentioned in your required stipulation falls within the purvey of the Mined Land Reclamation Board and is therefore covered by the required note on page 2 of your recommendations. We, therefore, suggest that Operation Standard #7 be stricken in deference to the Mined Land Reclamation Board and that a legal opinion be sought on authority. Operation Standard #8: Operation Standard #8 is inappropriate because it is in the extraction plan regulation for Weld County and is a prerequisite to the submission of and the hearing on the Special Use Permit. Since that evidence of insurance must be in hand prior to consideration of the special use permit it is inappropriate to suggest in an operation standard that it be submitted in the future. We, therefore, move that Operation Standard #8 be stricken. Operation Standard #9: No objection Operation Standard #10: It is inappropriate that the words Weld County Engineering Department be included in Operation Standard #10 because the project does not access Weld County roads. We suggest that the reference to the Weld County Engineering Department be removed from Operation Standard #10 as inappropriate for this site specific project. t ' X' February 20, 1980 Ms. Vickie Traxler Page 5 Operation Standard #11: There is no reason to suspect that the gravel pit should obstruct the passage of the hundred year flood flow. Determination of the 100 year flood plane is a planning function. To the best of my knowledge from discussions with ranchers in the area, the peak flow in Lone Tree Creek rarely exceeds the center line elevation of that creek by more than 10 feet. We would suggest that Operation Standard #11 is inappropriate because neither the 100 year flood flow nor the peak flow of record has been defined as it affects the planning function and the terminology "any adverse effects on others" is too nebulous to be enforceable. Operation Standard #12: Operation Standard #12 is inappropriate due to its nebulousness as well , and should be stricken unless better terminology or definitions can be obtained for the terms "Items that might wash away during flooding," "hazards to public health," "securely anchored," "adequately flood proofed" and "this type of hazard". Operation Standard #13: No objection. Operation Standard #14: We would suggest that Operation Standard #14 be stricken because of the inadequate definition of the terms "temporary structures", "safe distance", "natural flow path", and "significant nature". Operation Standard #15: No objection. Operation Standard #16: No objection. Operation Standard #17: No objection. Suggestion for Additional Operation Standard: We would recommend that an operation standard be established providing for the submittal to the Weld County Planning Department of any technical revisions, amendments, or annual reports submitted under the terms of the permit conditions for the Colorado Mined Land Reclamation Board. :- , ,' February 20, 1980 Ms. Vickie Traxler Page 6 If I recall correctly, a verbal addition was made to the Operation Standards limiting the access to the operation to the single access now indicated on the extraction plan map. This is unnecessary since the single access is filed with the State Land Board, is conditional upon a driveway permit from the State Highway Commission and must be included in the affected lands in the Mined Land Reclamation Board permit. Since it is regulated to be the exclusive access by at least three other agencies, it seems to be an inappropriate operation standard. A legal opinion should be sought for authority. Cordially, IMPACT, LTD. R. Stephen Schermerhorn, P.E. , C.C.E. President RSS/mo Enclosure cc: Mr. Lee Tucker - Tucker Construction Company Mr. Walker Miller - Attorney At Law R 7/78 REGULAR (111) PERMI r =PP I';, 'I FORM State of Colorado Acolication for Mining and Deoartment of Natural Resources Reclamation Permit, Pursuant II MINED LAND RECLAMATION BOARD to CRS 1973, 34-32-101 et seta1313 Sherman Street, Room 723 Denver, CO 30203 (303)833-3567 II (Type or Print Clearly) 1 . Name of ooeraticns Tucker Aggregate (Pit, mina or site name) 2. Name of aocii.:ant/operator (Name to oe used on permit) Tucker Construction Company II3. Address aria pnone number of 4563 East County local officesIl Road 68 Wellington, Colorado 80549 568-3597 4. Adcress and phone number 3. above of general offices Il 5. Name and phone number of person staff memoers should contact Lee Tucker: 568-397 II 6. Parent Car:oration, if any (Include name 5 address) None U 7. Owner(s) of recorc of affected land (surface area) Terry Grazing Association (If more than 2, list in EXHIBIT P) U 8. Owner(s) of substance to be mined Terry Grazing Association (If more than 2, list in EXHIBIT P) II 9. Source of legal right to enter (Indicate ..hat type of proof is Minerals lease from Terry Grazing Association included in EXHIBIT 01 -- NOTE: Sae RULE 9.1(3) , Rules b Regs,p-46. Permit from Colorado State Land Board 4 10. Tyoe of mine S substance to be mined (Soecifv unaerground, strip, ocen pit, Aggregate Pit etc. and suostance(s) to be mined) . II11. General location s elevation (miles l; Sec 17, 20 T11N R67W direction from nearest town E aooroxi mace site elevation) 2; miles N.W. of Carr, Elevation 5800 ill 12. County I Weld 13. Acreage of affected lanes (Total 4 surface acreage to oe inciuced in 220 permit (See RULE I for :efiniticn) . 14. Application fee (See RULE 2 to determine amount) $1,620.00 15. Present land use (i .e. , agricultural , industrial , etc.) Grazing E Mining Ill 16. Surrounaing land uses Grazing !7. Procosed future sand use (P;nai use after reclamation! Grazing 13. Uncermitted mining oeeraticns (See RULE 2. 11 (la) None PI (over) 1 EXHIBIT A -,� I Legal Description The lease covers the following legal subdivisions and respective acreages. I T11N, R67W Leased Acreage Sec 5 part lying E of I-25 601 Sec 7 part lying E of I-25 95 Sec 8 141/2 320 • Sec 17 All (except .229a AT&T in SW4 SW4) 639.77 Sec 20 N1/2 NE 1/4 80 Sec 21 All (except 7 R) 633 Sec 22 SW 2f S1/2 SE 4, NW 1/4 SE 4, SW 1/4 NE 4, (except 25 RR) 295 Sec 23 All (except 4 R) 636 Total 3299.77 The requested permit acreage is 220 acres as indicated on the mining plan map and in the affected acreage table in Exhibit D. It is all contained within the following area in Sections 17 and 20 of the above lease: 7 T11N, R67W Permit Area Sec 17 E1/2 W1/2, W1/2 NE 4, SRI 180 Sec 20 N1/2 NE 1/4 40 Total 220 U r Weld County, Colorado SPECIAL USE APPLICATION FOR OPEN CUT MINE PERMIT (gravel pits , etc. ) Department of Planning Services 915 - 10th Street Greeley, CO 80631 PHONE: 356-4000 Ext. 404 11 For ZONING DEPARTMENT Use Only Case Number: Applicant: PC Hearing Date : CC Hearing Date: Section: Township : North Range: West Zoning District: Acreage Involved : Permit Fee: Receipt Number: Legal Description Approved by , County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved by Weld County Engineer Recommended Road/Bridge Fee: /Not Required U Refer to: 1 ) Date: 2) Date: 3) Date: 4) Date: 5) Date: 111 Application Reviewed by: , Zoning Department To be completed by APPLICANT in accordance with Procedural Guide Requirements : 1 . I (we) , the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut aggregate (gravel , coal , borrow pit, etc . ) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: Sec. 17, All (except .229a AT&T in SW1 SW4) , SEC 20, N1 NEa; T11N, R67W Weld County, Colorado. Disturbed area to be 220 acres more or less as shown on extraction plan map. TOTAL ACREAGE: 220 2. Surface Owner of area of land described : Name: Terry Grazing __ Address : 4050 kL2Oth StPhone: 330-9533 Association Greeley. 80631 3. Owner of mineral rights to substance to be mined : Name: See 2. above Address : Phone: 4. Source of applicants Legal Right to enter and to mine on the land described : Minerals lease from Terry Grazing Association (Attach Certified Copy of any Document noted to the Back of this Form) I AFFECTED ACREAGE Disturbance' Designation Acreage Category Mining Unit 1 14.87 Moderate Stockpile 1 1.98 Moderate Mining Unit 2 19.99 Moderate Stockpile 2 1.65 Moderate Mining Unit 3 4.21 Moderate Stockpile 3 0.66 Moderate Roads 7.58 Minor Plant site 1.98 Minor Scale site 0. 16 Minor Sediment pond 3. 39 None Dams 0. 18 Moderate Diversion 2.75 Moderate ' Moderate requires grading, topsoiling, and seeding. Minor requires seeding only. Total area required to provide future mine extension feasibility is mapped at 218.31 acres. This has been rounded to 220 acres for permitting purposes J giawrilmir ` . N \ ' Q.._,_________)\ ( ---:\ .1 I ,) \ • \ T` ' '''''N's*N_____/____,_,.N.,,,..,2 1 PKoPo5�A err Lot rt� toAD \\ *-----\._ ........ 4539 ,,,., 1 Rte ! \ -\\.______..---->-- ---...."---------........ IN---PoTl Q . ! o, om ... / ////// \\ utiII ON 1 '� iimpact tIs environmental scientists & engineers 1409 larimer square • denver, colorado 80202 • • 303-571-1300 February Terry Grazing Association 4050 West 20th Street Greeley, Colorado 80631 Gentlemen: During the construction of Interstate-25 gravel was extracted from the below referenced location. The Weld County Assessors Office lists you as the landowner. A small portion of your land (220 acres) in sections 17 and 20 is currently proposed to be reopened as a gravel or aggregate operation by the Tucker Construction Company. Promisee dale ol cumm•n..m.nl Apt.t INN ion a proposed cOmptelwn.n - - tale till w The propod future use of the In order to comply with NOTICE 434J tend rangeland Addlltonat rnlarme ,eras,fow.Irucltoofon.p.rlr the guidelines of the Col o- Ian Lan a obtained from Me appllc•nl Leanly ROW NO M Wellington, CO me Wow: Land Reclamation Baud 141349 has Ilted an appl.callon far•Mm Roost 722.1213 ltMrman Weil.O.nw.., rado Mined Land Reclamation frig and tarn siren Per mil to fair act CO NM 17071 Me 31111 or Itm Well Coup Board, the Tucker Construc- Wgrrg•r• limn • formerly maned IN Oak N UI• Board."l lglb "`~' deposd rn T I IN 110W Secllon■Il and 10 ur•aley.CO MIN ti on Company recently pub- Weld County.CO wrin the Colorado Min Comrrl a hat9..wla mist rN with •Mon r°land Reclamation Board under pro W mn Raclawra S /acrd by S N ifs had this notice in the vraran. In. Colorado Monad P M Marc 21.WM R rcUmauon Acl M Gn•NV Dilly TribuneGreet Greeley Tribune: I Jan Ile H.II,Pe* T.Well Our firm was retained by Tucker Construction to prepare studies on environmental considerations and reclamation for their operation. These studies and plans are available for review both with the Weld County Clerk of the Board and at the Mined Land Reclamation Board in Denver. Should you have any questions regarding this project, please contact: Mr. Lee Tucker, Owner or Mr. R. Stephen Schermerhorn, P.E, C.C.E. Tucker Construction Company President 4563 East County Road 68 Impact Environmental Consultants, Ltd. Wellington, Colorado 80549 1409 Larimer Square 568-3597 Denver, Colorado 80202 571-1300 Cordially, IMPACT, LTD. R. Stephen Schermerhorn, P.E. , C.C.E. President , , , IP i a c t1k environmental scientists & engineers 1409 larimer square • denver, colorado 80202 • 303-571-1300 (See attached for list) During the construction of Interstate-25 gravel was extracted from the below referenced location. The Weld County Assessors Office lists you as an adjacent landowner to a large tract of land owned by the Terry Grazing Association. A small portion of this land (220 acres) in sections 17 and 20 is currently proposed to be reopened as a gravel or aggregate operation by the Tucker Construction Company. Proposed data of commencement is Apr„ 19/0 with proposed completion in In order to comply wi th — . NOTICE tele 1905 The proposed future use of the lend la rangnland Addllronal color me the guidelines of the Colo- tuc eer Conetruc tlon Company,4163 tiun can be 00tanne.Irom the applic ant. County Roa0 NO N. Wellington. CO the Mined Lend Reclamation Boma.r ado Mined ned Land Reclamation 1 ama t i on sow flied an application allon for a M n Room 773 1313 Sherman Street.Denver. Board, the Tucker Construc- mg amt from II Permit to',affect 00203 13031 0.H 3567 or the Weld Coun aggregate from a formerly corned ly Clerk of the Board. 915 10th Street. t ion Company recently pub- deposit in TIIN.Ra7W Sections l7 and 70 Greeley.CO9oeJ1 Weld County.CO with the Colorado Min Comments must W bled with the Min 1 i shed thi s notice n the Land Reclamation Board under pro •d Land Reclamellon Board by 5 00 •.sions of the Colorado Mined Land ?M March 25 1910 Greeley Tribune: Reclam atlon Act Tile Greeley Daily Tribune San II,9e.31.Feb 7.1980 Our firm was retained by Tucker Construction to prepare studies on environmental considerations and reclamation for their operation. These studies and plans are available for review both with the Weld County Clerk of the Board and at the Mined Land Reclamation Board in Denver. Should you have any questions regarding this project, please contact: Mr. Lee Tucker, Owner or Mr. R. Stephen Schermerhorn, P. E, C.C.E. Tucker Construction Company President 4563 East County Road 68 Impact Environmental Consultants, Ltd. Wellington, Colorado 80549 1409 Larimer Square 568-3597 Denver, Colorado 80202 571-1300 Cordially, IMPiACT,,,ATD(..:;;:-/ R. Stephen Schermerhorn, P.E. , C.C. E. President State of Colorado Denver, Colorado 80203 Meadow Springs Grazing Association c/o Arden W. Derr 42274 Weld County Road 45 Ault, Colorado 80610 American Telephone & Telegraph 32nd Avenue of the Americas New York 13, New York H. D. & Delpha E. Miles 512 South Grant Avenue Fort Collins, Colorado 80521 C. W. Kersey Route 1, Box 31 Carr, Colorado 80612 Paul V. Blake 5 Fair Oaks Moberly, Missouri 67270 Lazy D. Grazing Association c/o Lloyd Thomas Lloyd E. & Marjorie J. Thomas Carr, Colorado 80612 Harry N. & Helen R. Moore P.O. Box 29 Carr, Colorado 80612 Ms. Hazel M. Slater P.O. Box 52 Carr, Colorado 80612 Howard I. & Lucy J. Holtzinger P.O. Box 228 Fort Collins, Colorado 80522 I, II I ' p f�A S\M G1 k›D -rtAc_Ac.E 2 execare. P tl- MA L)t K.) . c t- ►- U►an- 4- NOGG-1--ta o )TS 1 E Z is - M"•�Eo NIG To "n+ QC-ANS ON T '5 t.tln7tNG Lt7ICL_ FO Urvt.1-S 1 22 . f-t LNG WILL. s. r=2aM Sourt4 TD ND 2.T-u- . SON L. S'Tzt Pp-E_D 'PEI)M UN rr w t 3 bt5TRLt3N-,tr-'F-D ON UN1T5 I I Z - AND ON EA LI�c Q0Kl'tO1.,S IN til ' 0VEt 11-ol.tLD -X N O i E...t2A` 'o N . UK"tT S So LA.-x-14- o U N 1-r-S IL Z is -t-v ) A k-S o 1 r-. A 5-o u1-14 TLb ivo 21--I-3 1>I (Z E C 3 is N ry T1 A i tp P 5 C"L 5-ro C<?'L i ry C w 1 L.L. Ea 1 t n+�E R_EA. v TUt` Llt..rtom" 3 S-raGtcPtl.E. QFYE2 TH-E IN1rLAL T`--)C, 7- ) -Th 1' t, CA) -BE DVS 712„.% r3 LATE- Ind NJ O V t=2 T14 E N-o'-lL.C 1=ft FAS E4 t O ki 3 I►mot 1 L _A rJ I )\1 4, 2 As p 0 -L- DATA ; A-LJ Ere-A S rl2_Z p 1►�G UJ'LL "-N E t.i A-C3 o uT 4-6 00 t— c - / —rz› Nr, pv f3ti2PO13 ()0f11l-E P,GG S ut�� APPR°AcGE1 ISl! 1'Z `'(DSAciz_ aa'L Ac3ot. r- .27 (co TO•,..5 ZE, N1 1 N t k)(. )S E, PE-c,TE17 Tt 17"( OC. --E.-j AT A R a."1 " P&P E.• PtN C. C7#.3 Gpr TTZAL'Tg OF ! tzb►.A C>,O9 -- Q,27` Ac.2ES P1;CL , (or•-)Z- AC-2E E-€'- 3. -TTY \o L.3oZ.K-t,...4G 17, n �X T7-CJ�.GYl O>J ?l-A t-A AT1.O N P LJ+1J S A N [DTA Z F t LED 'D,A.TA R-i M.l 1 N L.C./v C 14 A N G L P. 'E \A-t-s is GoNT2AC,T -b-a IJ� II � EXHIBIT G Water Resources Tributary water is currently over-allocated in the area of the project. Water requirements for the project include those for potable water, a gravel washing plant and dust abatement. Meteoric waters ultimately drain into the Platte River. The general drainage direction for the area is shown on the pre mining map. The drainage in the immediate vicinity of the mine is known as Lone Tree Creek and is ephemeral in nature. Potable and sanitary water requirements are expected to be satisfied initially by portable sanitation facilities and the trucking of potable water. As soon as permitting is complete the domestic water supply will be provided by shallow wells, in accordance with provisions in the Colorado statutes which allow substantial landowners to provide domestic supply from the tributary aquifers. Water to be used in the wash plant and that required for fugitive dust control will be obtained primarily from a deep well into non-tributary waters at the wash plant site. It is likely that this water will be derived from the Foxhills formation which preliminary geological information leads us to believe will be reached between 400 and 800 feet. This non-tributary water is, of course, not subject to allocation regulations. The regulations pertain- ing to this water depend on the amount of land owned and the productivity of the aquifer. In this case the entitlement is to one percent per year of the net yield of the saturated thickness . In the Foxhills formation in this area it is estimated to be approximately 0.2 acre feet per acre per year. A rough estimate of the saturated thickness of the Foxhills formation in this area is 315 feet. Tucker Construction Company currently has under lease �f 3,299 plus acres of contiguous land. Since the Tucker make up water requirements are anticipated to be approximately 130 gpm, the entitlements in the Foxhills formation for this acreage are more than adequate for the operation of the facility. A contingency plan has been developed for Tucker Construction Company's water supply as a backup system. Tucker has obtained permission from Howard I. Holtzinger to utilize Mr. Holtzinger' s Mantey reservoir rights to Lone Creek. Those rights are listed below. Mantey Reservoir Water Rights T12N, R67W Reservoir # Section Quantity (Acre Feet) 1 32 3.50 2 32 0.87 3 32 70.00 5 32 3.00 5 29 2.90 6 31 45.00 7 31 4.00 Total 129.27 The place of use of the Mantey Reservoir Rights will be T11N, R67W Section 17. It is anticipated that water will be diverted to the sediment control pond during the free river period for Lone Tree Creek. Make up water under the contingency plan will be supplied from the Mantey Reservoir System under existing appropriations. This would seem to be in accordance with the Colorado statutes since reservoir character other than beneficial use is not specific. Since the make up water requirement for the Tucker Construction Company operation is currently estimated to be approximately 31 acre feet per year and since the reservoir rights temporarily assigned to the Tucker Construction Company by Mr. Holtzinger amount to more than 129 acre feet per year, this would appear to provide an appropriate contingency plan for the supply of wash and dust abatement water for the operation. In the mining plan a sedimentation pond diversion ditch and two dams are provided. Evaporative loss from the sedimentation pond can be made up either from the deep well or from Mantey Reservoir water rights. The pond is to be left in place after the mining operation is complete as a stock pond at the request of the landowner, Terry Grazing Association. Colorado statutes do not require that evaporative losses from stockwatering ponds be augmented. The dams to be used for the settling pond and diversion will be less than 10 feet in height and, therefore, are not subject to Article 87 of Title 37 of the 1973 Colorado Revised Statutes. :81921988'; RECEIVED, �'Jok7 ry �, � 1i1g CoCouon±r�issim February 13, 1980 Mr. Howard I. Holtzinger P.O. Box 228 Fort Collins, Colorado 80522 Dear Mr. Holtzinger: As I have indicated to you in the past, Tucker Construction Company is preparing to extract aggregate in Section 17, south of your property in Weld County. You have indicated a willingness to allow us to use your reservoir rights on a temporary basis during the life of the project for gravel washing. Those specific rights are listed below: Mantey Reservoir Water Rights T12N, R67W Reservoir # Section Quantity (Acre Feet) 1 32 3.50 2 32 0.87 3 32 70.00 5 32 3.00 5 29 2.90 6 31 45.00 7 31 4.00 Total 129.27 The estimated consumptive water use is approximately 31 acre feet per year. These reservoir rights more than meet that requirement, but will provide a contingency factor for dry years. Obviously, appropriate compensation for our use of your water will be negotiated prior to its use. Please indicate your willingness to temporarily assign the Mantey Reservoir rights by signing and returning one copy of this document. Cordially, TUCKER CONSTRUCTION COMPANY Lee ucker, Owner O)19202] Howard I. Holtzinger FEB 1980 J Date d /c? /57 S-& RECENEO Date / — / S" - 4d 4.4,4%,L4 impact ths environmental scientists & engineers 1409 lanmer square • denver, colorado 80202 • 303-571-1300 January 14, 1980 Ms. Vickie Traxler Weld County Colorado Planning Department 915 10th Street Greeley, Colorado 80631 Dear Ms. Traxler: Accompanying this letter are copies of the fugitive dust emissions permit and NPDES permit applications for the Tucker Construction Company's proposed Weld County aggregate mine. These applications have been filed with the Colorado Department of Health and are being sent to you to supplement information previously filed with your office. Please note that extraction plan maps have been omitted in order to avoid duplication of materials you already have. If you have questions please call me. Sincerely, IMPACT, LTD. 131'6 i718/9 C. William yan dA141C80 CWR/mo o scE`\1ED Enclosures �' R ��4anning to::loa ti Impact Environmental Cor tants, Ltd. ,E7`tr OF 1409 Larimer Squa,c- DENVER, COLORADO 80202 DATE JOB NO January 11, 1980 TCC-79-001 ATTENTION (303) 571-1300 Ms. Vickie Traxler RE TO Weld County Planning Department Tucker Construction Company 915 10th Street Greeley, Colorado 80631 GENTLEMEN: - WE ARE SENDING YOU )()(Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints U Plans ❑ Samples ❑ Specifications r, Copy of letter [-. Change order ❑ Extraction Plan Report and Drawi gs COPIES DATE NO - DESCRIPTION 22 1/11/80 Extraction Plan Report and Drawings THESE ARE TRANSMITTED as checked below: LX For approval Approved as submitted : : Resubmit copies for approval For your use Approved as noted 1, Submit copies for distribution As requested (I Returned for corrections El Return corrected prints ❑ For review and comment ❑ FOR BIDS DUE 19 " PRINTS RETURNED AFTER LOAN TO US REMARKS G J t' L COPY TO Mr_ I PP Tucker ( - SIGNED: ` - FORM 240-3 Avaname from/NE-15_4n Jinc Townsend Mass 01470 If enclosures are not as noted, kindly notify us at once R. Stephen Schermerhorn . fig impact the environmental scientists & engineers 1409 larimer square • denver, colorado 80202 • 303-571-1300 January 7, 1979 Permit Section Division of Air Pollution Control Colorado Department of Health 4210 East 11th Avenue Denver, CO 80220 Dear Sirs : ' Accompanying this letter is an application for a fugitive dust emissions permit for an aggregate mining operation in Weld County, Colorado. In addition to the required form and attachments, I have also included attachments related to estimated emissions and a pit run sample analysis. Please process this application at your earli- est convenience. Contact me if you have questions regarding this permit application. Sincerely, IMPACT, LTD. C. William Ryan CWR/mo Enclosures cc: Mr. Jim McCardle - Mined Land Reclamation Ms. Vickie Traxler - Weld County Colorado Planning Department Mr. Lee Tucker - Tucker Construction Company AIR POLLUTION CONTROL DIVISION - COLORADO DEPARTMENT OF HEALTH 4210 E. 11th Ave. , Denver, Colorado - 80220 - Ph: 388-6111, Ext. 371 APPLICATION FOR EMISSION PERMIT This application shall be filled out completely; see instructions on reverse side. 1. PERMIT TO BE ISSUED TO Telephone No. (303) 568-3597 Tucker Construction Company 2. MAILING ADDRESS (include Zip Code) 4563 East County Road 68 Wellington, Colorado 80549 3. TYPE OF ORGANIZATION !^ Corporation E Partnership ix 'Individual Owner E Governmental Agency 4. GENERAL NATURE OF BUSINESS Aggregate Mining 5. EQUIPMENT - Pursuant to Regulation No. 3 of the Colorado Air Pollution Control Commission, application is hereby made for an Emission Permit for the following equipment: (Attach separate sheet where necessary) Aggregate mine and crusher/wash plant (Attachment 1) 6. EQUIPMENT LOCATION ADDRESS : (Attachment ) Sections 17,20 T11N, R67W County: Weld 7. ESTIMATED COST OF EQUIPMENT OR ALTERATIONS Air Pollution Control Equipment 20,000 Basic Equipment 2,041,700 Days per year equipment will be operated 260 8. STATUS (Check and complete applicable items) FT New Air Contamination Source Estimated Date Estimated Date Construction Construction Cj Control Equipment Being Added Will Begin Will be Completed to Existing Source April 1980 1985 9. Check is enclosed to cover APPLICATION FILING FEE 2 S40,00 See No. 9 on reverse side of this form. 10. S MIRE OF LEGALLY AUTHORIZED PERSON 11. DATE OF APPLICATION j Ze January 8, 1980 _. Type or print name and official title of person signing this application. Lee Tucker, Owner Date Received APCD 200C (Rev. 3-78) INSTRUCTIONS FOR THE COMPLETION OF THE FORM APPLICATION FOR EMISSION PERMIT COLORADO AIR POLLUTION CONTROL DIVISION The following instructions for the completion of the Application for Emission Permit are titled, lettered, and numbered the same as the applicable sections of the form on the other side. 1. PERMIT ISSUED TO. List the business license name of the corporation, company, individual owner, or government agency that is to operate the equipment. 2. MAILING ADDRESS . 3. TYPE OF ORGANIZATION. 4. GENERAL NATURE OF BUSINESS . List the business activity; for example, meat packer, saw mill, furniture manufacturer, commercial printing, tire retreading, etc. Also list type of business activity per Standard Industrial Classification (S.I.C.) . 5. EQUIPMENT. List common name of: a. Basic Equipment: This class includes any article, machine, equipment or contrivance, the use of which may cause the issuance of air contaminants . b. Air Pollution Control Equipment: This class includes any article, machine, equipment or contrivance, the use of which may eliminate, reduce, or control the issuance of air contaminants. 6. EQUIPMENT ADDRESS : If the equipment is portable, list the locations and dates where equipment will be operated during duration of permit period. Please include a map indicating the exact location and showing major topographic features. 7. ESTIMATED COST OF EQUIPMENT OR ALTERATIONS. Enter estimated cost of Air Pollution Control Equipment and Basic Equipment as described under 5 above. 8. PRESENT STATUS OF EQUIPMENT. Check one box applicable to status of• equip- ment. Two dates required. 9. APPLICATION FEE. Pay only $40.00 Filing Fee at this time. In accord with Air Pollution Control Commission Regulation No. 3, II.K. , initial and final approval fees shall be requested by separate letter. 10. SIGNATURE OF LEGALLY AUTHORIZED PERSON. The form must be signed by a person legally responsible for his action as agent of the organization listed in Item 1. 11. DATE OF APPLICATION. 12. THIS APPLICATION MUST BE SIGNED BY THE INDIVIDUAL(S) RESPONSIBLE FOR AND AUTHORIZED TO ACT ON BEHALF OF THE APPLICANT. Attachment 1 Representative Equipment List Basic Equipment 11 cubic yard front end loader D-6 size bulldozer 450 ton per hour gravel plant 6 cubic yard front end loader Scraper One to ten on-highway trucks Air Pollution Control Equipment Water Truck Attachment 2 Equipment Location The aggregate pit is located in Sections 17 and 20, T11N, R67W, in Weld County. Mining will begin as soon as relevant permits are issued (tentatively April , 1980) and will continue for possibly two years or longer, depending on contracts received. Attached is a mining plan map which indicates the locations of the aggregate pit, the gravel plant, and the access roads. Major topographic features are also shown. Attachment 3 Emission Calculations Emissions from the mine will be determined by the process equipment to be used, operating practices , and characteristics of the gravel . Operating Practices The mine will be an open pit operation in which a bulldozer will push aggregate. The bulldozer will generally push to a conveyor which will carry the aggregate to a sizing and washing plant. When necessary the bulldozer will stockpile aggregate for a front end loader to transport to the plant. Maximum production is estimated to be 5,000 tons per day (TPD) based on a daylight only operation, five days a week. An additional operation which will influence dust emissions will be soil and overburden removal for which a scraper will be used. Process Equipment D-6 size bulldozer 1-10 On-highway trucks 11 cubic yard front end loader 6 cubic yard front end loader 450 ton per hour gravel plant Scraper Gravel Characteristics Physical testing of a pit run sample (See Attachment 4) indicates a silt content of only .7% which is far below the value of 12% for gravel roads listed in Reference 1. Since the amount of suspendible particulates in the gravel is almost negligible the potential for emissions during mining and processing is similarly negligible. 1 Emissions Calculations - Uncontrolled' Mining activities which may cause emissions include the bulldozer and the front end loader operations , the crushing and screening operation, gravel loadout, scraper activities , and movement of the haul trucks. 1. Bulldozer Operation - Reference 2 Bulldozer projected travel distance is less than one mile per day. From Reference 2 the emissions factor, EF, is : 0.8 E.F. = 5.9 ( 12 ) ( 30 )( ( ) (365) lb miles_1 where s = average vehicle speed, mph = 2 w = vehicle weight, Tons = 15.5 s = silt content, % = .7 d = dry days/year = 247 (Ref. 1) .8 245 EF = 5.9 ( 12 ) ( 30 ) (.7 21535 ) (365) _ .057 lb mile-1 Emissions per year (E) are E = .057 lb mile-1 • 1 mile day-1 • 260 days/year-1 • 1 ton/2000 lb = .0074 tons/year 2. Front End Loader - 11 yd3 bucket The most applicable emissions factor available is from Reference 2. The emissions factor E.F. is: ( s U ) E.F. = .0018 5 '� lb T-1 (-1'1)2 ( 6 ) where s = silt content, % = .7 u = mean wind speed, mph = 11 M = surface moisture, % = 5 (assumed) Y = loader capacity, yd3 = 11 .0018 ( .7 ) ( 11 ) EF = 5 5 = 4.8 x 10-5 lb T-1 ( 5 )2 (11 2 6 Emissions = EF • 5000 Ton/day • 260 days/year • 1 Ton/2000 lb = .03 tons/year The front end loader will travel less than two miles per day and emissions are predicted to be minimal (based on the bulldozer calculation) . 3. Sizing and Washing Plant The only available emissions factor is from Reference 1. EF = .1 lb/ton Emissions = .1 lb/ton • 4000 tons/day • 260 days/year • 1 Ton/2000 lb = 52 tons/year - Due to the low silt content emissions from this particular operation are expected to be considerably less than 52 tons per year. 4. Product Load-out The product will be loaded out after processing to waiting trucks. From Reference 2 for a front end loader the emissions factor is : (--s---) ( U- --) E.F. = .0018 ( 2 )2 ( 6 ) where s = silt content, % = .7 U = mean wind speed, mph = 11 M = surface moisture, % = 95 Y = loader capacity, yd3 = 6 .0018 ( 2—.-) ( 11 ) E.F. = 5 5 = 2.4 x 10-' lb/ton ( 95 2 )2 ( 6 ) Emissions (E) = EF • 5000 tons/day • 260 days/year • 1 ton/2000 lbs = .00016 tons/year 5. Haul Trucks - Reference 1 Emissions Factor - EF (lbs/VMT) EF = 2 ( .8) (p) (.81s) (5/30) (365-W/365) where s = silt content, % _ .7 s = average vehicle speed, = 40 mph, (standard = 40) w = mean annual number of = 120 days precipitation exceeds .01 in .8 = factor to account for actual truck speed of 15 mph 2.5 = factor to account for 10 sets of wheels on truck p = percentage of suspendible particles = .62 (for gravel ) E = 2.5 (.8) (.62) (.81 • .7%) (40/30) (3636520) = .63 lbs/VMT Emissions based on 100 trips per day (maximum) 2.5 miles per round trip, 260 days per year; E = ( .63 lbs/VMT) (100 trips/day) (25 miles/trip) (260 days/yr) (1 ton/2000 lbs) = 20.5 tons/year 6. Scraper Operation The scraper is conservatively estimated to operate 8 hours per day. From reference 3, the emissions factor for a scraper: EF = 16 lb/scraper hour Emissions = EF (8 hrs/day) (260 days/year) (1 Ton/2000 lb) = 16.6 tons/year Total Uncontrolled Emissions The total yearly uncontrolled emissions are predicted to be 89.4 tons. Planned Controls If conditions warrant, haul roads will be watered to control dust emissions. APPENDIX B REFERENCES (1) AP-42, "Compilation of Air Pollutant Emission Factors (Supplements 1-7) ," August, 1977. (2) EPA-600/2-78-050, "Fugitive Emissions from Integrated Iron and Steel Plants," by Midwest Research Institute, March, 1978. (3) PEDCo 1976, "Evaluation of Fugitive Dust Emissions from Mining," by PEDCo Environmental , Inc. , April , 1976. Attachment 4 Pit Run Sample Analysis COMMERCIAL TESTING LABORATORIES A DIVISION OF CTL-THOMPSON October 5, 1979 Tucker Construction Company 4563 East County Road 68 Wellington, Colorado 80549 Attention: Mr. Lee Tucker Subject: L-9673 Tucker Pit No. 1 Report of Aggregate Tests on Pit Run Sample Submitted September 7, 1979 Dear Sir: This letter presents the results of physical property tests performed on the pit run sample, designated Tucker Pit No. 1. Aggregate test results are reported under our Identification No. L-9673, Tables No. 1 through 3. Aggregates conform to ASTM C-33 specifications for properties tested, except for the potential reactivity test results. The aggregates are deleteriously reactive with cement alkalis. It is our recommendation that a low alkali cement be submitted for testing in accordance with ASTM C-227 test for Potential Alkali Reactivity of Cement- Aggregate Combinations, the Mortar Bar Method. • Use of these aggregates with a high-alkali cement will result in disinte- gration of concrete from reaction with cement alkalis. Please advise us of questions you may have regarding this report. Very truly yours, COMME I EST LL ORATORIES C. J. ay, Jr. . P. E. RF:pjb Enclosures • 22 LIPAN STREET DENVER , COLORADO 80223 303 / 625-3207 • TABLE NO. 1 • ' PHYSICAL PROPERTIES OF AGGREGATES Client: Tucker Construction Aggregates : Tucker Pit No. 1 Pit Run (As Received) Pit Run (Crushed) Sieve Size % Pass % Pass 5 1/2" 100 5 91 4 1/2 4 82 3 1/2 74 3 73 2 1/2 • 69 2 64 100 1 1/2 61 98 1 54 87 • 3/4 51 73 1/2 48 60 3/8 45 53 # 4 33 39 8 24 28 ' 16 16 18 30 9 11 50 4 5 100 1 2 Material Finer Than #200 Sieve (%) : 0.7 1.6 Specific Gravity: 2.73 - Coarse 2.76 - Fines Unit Weight (rodded) : 102.4 lbs. Organic Impurities: Plate #2 Absorption %: 1 .8 - Coarse 1.6 - Fines CTL I .D. NO. : L-9673 Date: October 4, 1979 - • TABLE NO. 2 • SOUNDNESS TEST - ASTM C-88 Coarse Aggregate - 5 Cycles Sodium Sulfate Sieve Sample Weight Loss Weighted Pass Retained Grading, 7� of Sample, gr. % Loss, % 2" 1 1/2" 3. 5 0.27 0.009 1 1/2" 1" 17. 5 1000 0 27 0. 11 1" 3/4" 23.5 500 3/4" 1/2" 20.8 670 -� 1/2" 3/8" 11. 3 330/ 1.30 0.42 3/8" # 4 23.4 300 3.40 0.80 Totals • 100 1.339 ASTM C-33 Specification: 12.0 maximum Sand - 5 Cycles Sodium Sulfate # 4 # 8 29.4 100 1.84 0.54 8 16 24.7 100 1.63 0.40 16 30 19.0 100 1.45 0.28 30 50 13.9 100 1.33 0. 19 50 13.0 1.33 0. 17 • Totals 100.0 1.58 ASTM C-33 Specification: 10.0 Maximum Abrasion Test - Grading A, 500 Revolutions ASTM C-131 Coarse Aggregate Sample Weight: 5000 grams After Test: 3630 grams Percent Wear: 27.4 ASTM C-33: 50.0 maximum Potential Reactivity Test - ASTM C-289 Sample Identification *Tucker Pit No. 1 Coarse and Fines Rc = 25 Millimoles/Liter Combined = 60/40 Blend: Sc = 156 Millimoles/Liter **Note: Aggregates are deleteriously reactive with cement alkalis. Client: Tucker Construction • Date: October 4, 1979 i CTL I .D. NO. : L-9673 • TABLE NO. 3 • AGGREGATE PHYSICAL PROPERTIES Clay Lumps and Friable Particles - ASTM C-142 Coarse Aggregate Sieve Size %, Loss Weighted %, Loss 1 1/2" - 3/4" 0. 10 .04 3/4" - 3/8" 0.05 .01 3/8" - #4 0. 10 .02 Total *0.07% *Clay lumps & friable particles. Fine Aggregate #4 - #16 0 0 Total *0% ASTM C-33 Specification: 3.0% maximum *Clay lumps & friable particles. Lightweight Pieces in Aggregate - ASTM C-123 Coarse Aggregate: Trace Fine Aggregate: .72% ASTM C-33 Specifications: Fines - 0.5% maximum Client: Tucker Construction Date: October 4, 1979 CTL I.D. NO. : L-9673 4%. Awn impact the environmental scientists & engineers 1409 lanmer square • denver, colorado 80202 • 303-571-1300 January 14, 1980 Colorado Department of Health Water Quality Control Division Permits Section 4210 East 11th Avenue Denver, Colorado 80220 To Whom It May Concern: Accompanying this letter is a completed application for a NPDES Permit to Discharge for an aggregate mining operation in Weld County. During operation of that mine no regular discharge is anticipated. Please process this application at your earliest convenience. Contact me for additional information. Sincerely, IMPACT, LTD. . C. William Ryan 1 CWR/mo Enclosure cc: Mr. Jim McCardle - Mined Land Reclamation Ms. Vickie Traxler - Weld County Colorado Planning Department Mr. Lee Tucker - Tucker Construction Company , FOR AGENCY USE APPLICATION NUMBER IIIIIIIII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DATE RECEIVED APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM I I I I I MUNICIPAL, INDUSTRIAL YEAR MO. DAY Do not attempt to complete this form before reading the accompanying instructions Please print or type 1. Name, address, and telephone number of the owner of the facility producing discharge. A. Owner Tucker Construction Company . B. Facility name Tucker Aggregate . C. Mailing Address 4563 East County Road 68 . D. City Wellington D. State Colorado . E. County Larimer F. Zip Code 80549 . G. Telephone Number (303 ) 568-3597 . Area Code 2. Location of facility A. Legal brief description Sections 17,20 T11N, R67W • B. Street NA • C. City NA D. County Weld . E. State Colorado . F. Telephone Number ( 303 ) 568-3597 . Area Code G. Local contact Mr. Lee Tucker . 3. Sanitary discharges (only for sewage treatment facilities). A. Unit treatment processes utilized NA B. Design flow (average daily) of facility NA MGD . C. Percent BOD removal (actual-previous year) NA % • D. Population served NA • E. Number of discharge points NA • F. Description of discharge location(s) : NA . G. Name of receiving water(s): NA H. Is land application used or planned? NA . I. Method of sludge disposal NA . J. (1) Do you receive industrial waste? NA (2) If yes, describe the sources NA K. Attach any laboratory analyses of your effluent quality NA . , 4 4. Industrial discharges (industries, mines, gravel pits, water treatment plants, etc.) A. Description of facilities Aggregate Pit Mine • B. Principal product or raw material Aggregate C. Maximum amount of principal product produced or raw material consumed per day 5000 tons per day • D. Check the month(s) the discharge occurs. * J a F EJ M Q A ED M ED J Q J = A Q S Q 0 D N D D a E. Unit treatment processes utilized Settling Basin • F. Number of discharge points None • G. Description of discharge location(s): NA • H. Name of receiving water(s) Lone Tree Creek - Ephemeral • I. Is land application used or planned? NA • J. Attach any laboratory analyses of your effluent quality NA 5. Additional information (sketches, etc.) Process water from the sizing and washing plant will be treated in a settling pond and will be recycled. See attached mining plan map * Discharge is not anticipated, should one occur as a result of natural phenomena or flooding, the retention time in the settling basin should be sufficient so that TSS standards will not be exceeded at the spillway. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Please review signature of application on instruction sheet before L9 eeinTucker Printed Name of Person Signing Owner Title Date Application Signed S gnature of Applicant 101 CASE SUMMARY SHEET Case Number : SUP 411 P.C. Hearing Date : 2-19-80 Applicant : Property Owner : Tucker Construction Co. Terry Grazing Size of Parcel: Disturbed Area--220 acres Staff Member to Contact : SUP area 720 acres Vickie Traxler Legal Description : Section 17, T11N, R67W NZNE4 Section 20, T11N, R67W Location: 1 miles northwest of Carr Existing Zoning: Agriculture Request : Sand and Gravel Mine Permit Possible Issues Summarized from Application Materials: 1. Access road and highway frontage road 2. Disturbance of Lone Tree Creek 3 . Flood Potential of Lone Tree Creek FIELD CHECK FILING NUMBER: Sflp-411 .80 . 1 DATE OF INSPECTION: 12/19/79 NAME: Tucker Construction Company REQUEST: Open Cut Mine Permit for Sand and Gravel LEGAL DESCRIPTION: Section 17 and N% NE%, Section 20, T11N, R67W LAND USE: N Grazing E Grazing Grazing jy Interstate 25_ and Pasture ZONING: N Agricultural LOCATION: 11� miles northwest E Agricultural of Carr S Agricultural iv Agricultural COMMENTS: Parcel appears to be rangeland with the drainage associated with Lone Tree Creek running through the eastern edge of the property. Parcel contains a livestock shed of some kind belonging to Terry Ranch. There is a gravel road extending from the parcel to the frontage road along I-25 . The frontage road is a gravel road. BY: N OTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 80-6 Tucker Construction Company Lee Tucker 4563 East County Road 068 Wellington, Colorado 80549 DATE : March 12, 1980 TIME: 2 : 00 P.M. REQUEST: Special Use Permit - Open Cut Mine LEGAL DESCRIPTION Township 11 North, Range 67 West Leased Acreage Section 17 All (except . 229a AT&T in SW4 SW4) 639 . 77 Section 20 NZ NE4 80 TOTAL 719 . 77 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha White, Deputy DATED: February 4, 1980 PUBLISHED: February 7, 1980 and February 28, 1980 in the Platteville Herald FLOW SHEET r--- l AP' : ICANT: I ' C \e( CO\INSA-cuc -wCAD - CASE REQUEST; _D(:)OT\ ---— LEGAL: Po,y'sc Sec.'lavk Y2 ��y`� rCp 7\k N (z)-\\i'`) LOCATION: 1'I l ts,e_ YvOY T'InWQ5-t' -- DATE I BY Application Received 1- " - cc Application Fee - Receipt # \ OcMS (3:1000:119 \- » - %c c c\C- Recording Fee * '\ Q*\ 0 .Ol �- `kO CAC Application Complete I - It - a© - C.-4c.- P.C. Hearing Date: a,-\ck-5Q - Ut Letter to Applicant Drafted I' 16-to U Referrals Listed — l - LiQ- U V. Field Check by D-P-S . Staff File Assembled Referrals Mailed Chaindexed Notification of Applicant • \\N Surrounding Property Owners Researched //5 8 *J;/ Airphoto/Vicinity Map ,Preapred /g"' 9° Property Owners Notified by: 7eJ0 Agendas Mailed by: cp.b \9%6 Legal Approved by County Attorney - l � Referrals - Complete ` �� `61'; � 1 Preliminary D.P.S. Staff Comments c,) - I Staff Conference D.P.S. Comments P.C. Hearing Action: P.C. Resolution - Case Sent to Clerk to Board '� �` - C.C. Hearing Action : C.C. Resolution Received History Card Complete ��- C.C. Resolution Sent to Drafting' Drafted on Mylar— & _Lam- ouL, .. 1e) V.LD Document Sent to Clerk and Recorder P.C. Minutes '� ' �V Y Weld County , Colorado SPECIAL USE APPLICATION FOR OPEN CUT MINE PERMIT (gravel pits , etc . ) Department of Planning Services 915 - 10th Street Greeley , CO 80631 PHONE: 356-4000 Ext . 404 For ZONING DEPARTMENT Use Only Case Number : Applicant : PC Hearing Date : CC Hearing Date : Section : Township : North Range : West Zoning District : Acreage Involved : Permit Fee : Receipt Number : Legal Description Approved by , County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved by , Weld County Engineer Recommended Road/Bridge Fee : /Not Required Refer to : 1 ) Date : 2 ) Date : 3 ) Date : 4 ) Date : 5 ) Date : Application Reviewed by : , Zoning Department To be completed by APPLICANT in accordance with Procedural Guide Requirements : 1 . I (we )-, the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut aggregate (gravel , coal , borrow pit , etc . ) mining operation for the following described unincorporated area of Weld County : LEGAL DESCRIPTION : Sec. 17, All (except .229a AT&T in SW4 SW4) , SEC 20, N; NE4; T11N, R67W Weld County, Colorado. Disturbed area to be 220 acres more or less as shown on extraction plan map. TOTAL ACREAGE : 220 2 . Surface Owner of area of land described : Name : Terry Grazing _ Address : 4050 W. . 20th St?hone : 330-9533 Association Greeley. 80631 3 . Owner of mineral rights to substance to be mined : Name : see 2, above Address : Phone : 4 . Source of applicants Legal Right to enter and to mine on the land described : Minerals lease from Terry Grazing Association (Attach Certified Copy of any Document noted to the Back of this Form) 5 . Address of applicant and general office : Applicants address : 4563 E. County Rd. 68 Phone : 568-3597 Wellington, CO 80549 6 . Identify any prior permits for open cut mining held by appli - cant or affiliated person : None 7 . Description of Operation a . Types and number of operating and processing equipment to be employed : One or two bulldozers, one or two front end loaders, scraper, one to ten haul trucks, one processing plant for sizing and washing (see application text) b . Maximum number of employees : 20-25 , number of shifts 1 c . Number of stages to be worked : 3 , periods of time each is to be worked : Unit 1: 4/80-9/80; Unit 2: 4/80-12/80; Unit 3; 10/80-12/80 based on tentative contract requirement and weather. d . Thickness of mineral deposit : 9-13 feet , and thickness of the overburden : 0-4 ft e . This will be a we c/dry pit operation . f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point ( s ) (must be coordinated with County Engineer ) : The site will be accessed from the I-25 frontage road approximately 1.2 miles north of the Carr Road interchange. Use of Weld County roads or bridges are not currently contemplated. 8 . Decription of Rehabilitation a . Proposed rehabilitation land use ( s ) : rangeland b . Source of technical advice for reclamation : Impact Environmental Consultants, SCS, Colorado MLRB, CSU soils laboratory. c . Explanation of Reclamation Process : The area will be recontoured to break abrupt contour changes and to maintain compatibility with the environs. Stockpiled topsoil will be spread to a nominal depth of 4-6" on areas least likely to errode. Blue Grama and Western Wheatgrass will be seeded at a rate of one and eight pounds per acre respectively. I hereby depose and state under the penalties of perjury that all statements , proposals and/or plans submitted with or con- tained within this application are true and correct to the best of my knowledge . COUNTY OF Denver m 1 STATE OF Colorado S • gnature : Owner/Aut orized Agent Subscribed and sworn fore me this 9th day of January 1 9 80 . Col ,,,<D7 2c?iem SEAL JAN X980 RECEIVED N T PUBLIC Weld county .63 J i e Ann Jennens Panning ConC+iSc�Bi c—jC•92I'�V� rJk'�yJ My commission expires : May 24, 1983 - 1.6 TUCKER CONSTRUCTION COMPANY OPEN-CUT MINING--SAND AND GRAVEL EXTRACTION AND OPERATIONS STANDARDS 1. This is a Special Use Permit to conduct an open pit mine for sand and gravel extraction over an approximate 220-acre area shown by the proposed pit boundary of the within Extraction Map Plan. Mining shall be by Units 1, 2, 3,and 4 and 5 as shown on this Map and described in the Special Use Permit Application. 2. The extraction method shall be a dry pit operation for each Unit. Overburden will be moved to stockpile areas by scraper. Materials will be pushed by bulldozer and transported by front-end loader to plant site. Material will be crushed, screened, washed and stockpiled at the plant site. It will be weighed, loaded and hauled from the plant site thereafter. * 3. . The operation shall comply with the requirements of the Colo- rado Mined Land Reclamation Act and the Weld County and State Health Stand- ards pertaining to air quality, water quality, noise emission and sanitary disposal systems, including all rules and regulations. 4. Traffic for hauling the sand and gravel from the premises shall be limited to the private access road shown on the within Plan across the Northeast Quarter (NE/4) of Section 17 and the Northeast Quarter (NE/4) of Section 18, Township 11, Range 67 West, to the I-25 frontage road. This limi- tation shall not apply to other types of traffic, such as employee traffic. No county road usage is requested for this operation. The access onto the I-25 frontage road, its construction and maintenance, shall be in accordance with the requirements of the Colorado Division of Highways. 5. No excavation or processing shall be permitted nearer than ten feet (10') to the boundary of adjacent property, easement or right-of-way, nor nearer than one hundred twenty-five feet (125') to any existing residence, un- less the Planning Commission approves a lesser distance and the adjacent owner consents in writing thereto. 6. Generally the operations should be conducted during daylight hours, provided however, two (2) shifts shall be_rnipnimitted so long as the later shift does not extend beyond t -e-}stirs-of �o1ciock-P:M: These limitations shall not apply to public or private emergencies, making necessary repairs to equipment or the operation of executive or repair facilities lo- cated on the property. 7. Where topsoil is removed, sufficient topsoil shall be set aside for respreading over the excavated area. 8. The operator shall furnish evidence he is insured to the extent of not less than $100,000.00 against liability for any negligent act or omis- sion by the operator from the operation or maintenance thereof and the extrac- tion and production of sand and gravel and all activities connected with or incidental thereto. 9. A plant for crushing, sizing and washing is permitted on the site. 10. All construction and location of improvements and equipment should be made with due regard to the threat of a 100-year flood, or the peak of record if the 100-year flood has not been determined, to avoid, to the extent reasonably practicable, any adverse effect on others. 11. The Special Use Permit shall be limited to this Extraction Map Plan and governed by these stated standards. Any material deviation therefrom * New: No mining shall be permitted within three feet (31) of the water table of the alluvial aquifer. shall require the approval of an amendment hereof by the Board of County Com- missioners (or, if lawful, the Planning Commission or Department of Planning Services) pursuant to established rules and regulations before any such change shall be permitted. -2- t 1 ' SPECIAL CONDITIONS FOR PERMIT NO. 10 1. Prior to hauling operations on the frontage road, sufficient gravel surfacing shall be provided to adequately support the expected haul- ing trucks without rutting of the road. 2. Throughout the period of hauling from the gravel pit, the surfacing on the frontage road shall be replaced as necessary to adequately support the trucks hauling on the frontage road. 3. The road grading and snow removal on the frontage road shall be the responsibility of the applicant. 4. Asphalt patching of the Carr Interchange will be the responsibility of the applicant. 5. If acceptable to the land owner, who is served by .the cattle guard, the cattle guard may be removed by the applicant; otherwise, the maintenance and/or replacement of the cattle guard will be the responsibility of the applicant. 6. In the widening of the approach to the pit, the fencing shall be replaced to Colorado Department of Highways Standards, including posts set in concrete at the angle points. 7. A dust pallative will be provided to keep the road dust under control . Selection of the dust pallative will be left to the discretion of the applicant. However, whatever means is used, it shall provide continuous and effective dust abatement and shall not be injurious to animal or plant life. , ?2- pner Appl i cant- ,. .. .. :: " ' I H _��-4111-1 11=lil ' `'i p 1 i� ii��1 I , r -- n r 1 3 „wk-lli:ii3;5 Fi\\\ M1 ' , I ~ 3>I-'$y/ 1, I,1 $`,-�-I \, ; I o p au n�tl i�¢m 'i l`'1``\� /' *m S_z iow �l ,g/ o O 1 IF`i 1 In 9ga g" :g mm \r ,{ 1 4 mr I 1FL iA *� ; III K� 1I Mo ovz p__ 4- m o i iuoi3- or,Tlf;f i,l' / II I1 'V� n.l--o- —N _� Fo z`LO "4� u^1— -,61 D. w3 1 ' m II '1 Ffii'iiP T 55',;1 - 'pC 11 F l m 331 LcI,j �- H 1, I I Om Hi!-t+Hl.� ' A, Nm +u„A^I -Tull f NI n .JJ__'-y rTi F ,'1'' km,. �� -U. �� m I , �I m 6, , 1 / 'lI ri Nit 1 , m ,,8,,„',,,.-,i '11 Po to n n F'm 1 II I I . (-) S r m T /'r4---1,,:i II C10 NL-31 t :1 ` 1 f_ >o 11_,-,'4 i, f 1 k om1 111, �� i "k;;�-t-- e R bb I \ Z Z i -i--� I —1 amp I f/� I \IIII ,\ TO - n `-- ---.1 []8 I'�.. I , , I ', T c,F ``, 11.1 1 I, m-1 „'-1 I ' s us r,c` •V: I I Z2 a•f 1 ^Fn^F , , i e O x '',� yy / II'I III (-)c1 o I.`iH 1 f i•11 y I I m 1; III I OD I O - „1 +t 1 i '' i z i -i - r 1 } 4,' .1m '4.::;...,,,,:'4, I 'F •��I°-i t `,rl(( 1 all; Iil f �.i z °I .� I I t �fn�ls2 `t,',l' II'i I (' bra,.i = "°;'31 �I ', I��i k(n 5 7/he +�1vIF pvDr,\ \ hill I� 9 T - mz ^^gym "nNla� I st.01 :3� Pi,: (�{'1IIA� IJ' 1 ,F t/1 Z� n .�_1��,{I.my y 'I r i' �5 T R' '�> ,'''',1 Sd !`71'Ii 1 • In m - a''2 •• `•Q`i R�"3\\ S S $ �N�f @ n r. U a�f Cw I LL- ''" \I ,g m r v n a ;..4 t f 1 n j — s m l-- �,r-- 1 1 '� r f = m m l aon\F cx r�i i g ( N BB 4 ' , 1 oI �, . ! F. Z7=; 8X 1 { '.fl 1a'Er vll�l j 1 = 6 Ix� I m �i L i, f o ill q 1 F' F.,' I�' 1 r T , m x '^ /.'.•e ij ({1n l f� a r I' I, o ^wl~• �`, I i 1 m''mJ° ^< - ,' ¢ v �i,, I I F'4 f r / Ri ��1 , „II,,I _D Fo /�, D µ, i ;IF; I I` n,or 2 �I 0 9 IT. ; r . jI I I. L,,'.. D ml /m ,, I k 1 1 I• I Ii. r inz � r „ o ,1 7 t— \\ ( s;, IF i . ,_.r • • • • -<q;::), I a' $ / — ! • r,, a ,, 1 "- 6> '--- - , - _N01 :1 . qr � \N ,Ir_L;; . I m mx In� o 9, gala-+ \ D 'I"' Ii gF0 1nm7 ea" , oz 5 \E \ D aoo'^In D tF..I ! N co I S v �'` o� \ aka:^' oc, I i,- (011 1EL- `+ �c�R .;.1 j t i '''''''.,3; �"5? a.1 g :IR s Pm Irn I ma it r..n \ 4. K, , n z WI IffIpp11II 0 4A\ 1—I l k I I \ --.e 8_m� D L, l61 n 1h\ 32 rA \\ ps', mo _""Il I /IX. I{7' a Fe Tr, �i®L '. 1r- m X a A II.I b,.zo c�D " ' , s -IS I as+ p� ,,, / - _Pir ti;n 1 1/ 1 I olNt_�I�aP m �D� \Z Z qm fI •,'1 Ig I O lrir'u1 oro 7 Zp Fin n,. _____ ___ M-I tar }J i Io-N; IE g IB'5I§"'I$;ii I 2`" N OT'�1 _ �� RI r- p, v..111 I x ; =4§9 9"'� I `Fa_ D pO -ice 1 Q", o n 0 fir-• / i \ OO �a NJ n>< np av 7-2, b m -1 Dp r• / _ IIF 1 N Np g k__ - :acjc s c e _' ' :k 1616 n A xx x x J _I J ID Alai STATE OF COLORADO RICHARD D. LAMM. Governor DEPARTMENT OF NATURAL RESOURCES NO • Harris D. Sherman. Executive Director . (� • .7 MINED LAND RECLAMATIO t ` 723 Centennial Building, 1313 Sherman Street 4\(c''- ` %\/ c a - �, . Denver, Colorado 80203 Tel. (303) 892-3567 <„f ,��" .erkday Hamlet J. Barry, 1� Director Cs�`� MEMORANDUM DATE: 7 71 / 7,° To: C�� .�. / 7/S io .5--7.) � e441, yo 3 / / r!� •f4,,..4.0FROM: ,- ,C 44 / � � -641>1 Pursuant to the requirement of the Colorado Mined Land Reclamation Act* to inform counties and certain municipalities of Development and Extraction Permit applications filed with this office, please know that - �. has filed I/ to conduct 7 mining at 1 ' O-2-1 -~. i„ 4/.W. dit r . The applicant proposes to reclaim he site for . The deadline for persons to file statements regarding this operation, or to petition for a hearing before the Mined Land Reclamation Board to consider the granting of a Permit is set by law; for information please call this office. The applicant is obligated to show that the proposed mining and reclamation plans are in conformance with local zoning ordinances, subdivision regula- tions, or master plan, and is further required to place a copy of the appli- cation for public inspection with the Clerk of the county in which the proposed mine is situated. It is the Board's understanding that the Act intends for .the application to be made available for public review and comment in an area close to the mine; it is not intended that it be made a part of public record by recording. The Board is tentatively scheduled to consider this application on /sit.,„4 ,?4, 2. 7 ) / '40/4' . We appreciate your cooperation in this matter and will be happy to answer any questions. /�� 12 p3/4,� /61:1) .., -c%-*5 N. 0) e. • 44)62:La g-LC A.... *Article 32 of Title 34, Colorado Revised Statutes 1973, as amended. �, \� dliT rnLho) 6YvS Thi9J s ` 'a`c dam `y3 dam• ckeriL,Sl dam, ..o k o\o coS“ kt. 602-1e4 di s La w- mEmoRAnDum W(1-1:111k To Board of County Commissioners Date March 13, 1980 COLORADO From Clerk to the Board - Bette Foose Subject: Hearing Continuation RE: TUCKER CONSTRUCTION COMPANY HEARING SPECIAL USE PERMIT - DOCKET NO. 80-6 MARCH 17, 1980 - 9:00 A.M. Pursuant to the direction of the Board of County Commissioners at the Special Use Permit hearing conducted March 12, 1980 at 2:00 P.M. , the adjacent landowners surrounding said parcel were notified by telephone of the continuation hearing to be held March 17, 1980, at 9:00 A.M. Because several adjacent landowners reside out of the State of Colorado, the following comments and views are submitted herewith for the Board's consideration and information. All adjacent landowners contacted were overwhelmed by the County Commissioners order to notify them and seek their opinions on this SUP request. They appreciated the personal contact very much. Contacted Wednesday, March 12, 1980 at approximately 3:30 P.M. 1. Meadow Springs Grazing Owner Contacted Response Ault, Colorado Arden Derr No Objections 2. H. D. Miles Response Fort Collins, Colorado Owner Contacted No Objections 3. Mildred Kersey Flat Rock, Illinois Owner Contacted Response: She felt this type of land use might reflect a depreciation of her property value. 4. State of Colorado State Land Board Representative (Contacted 3/12 and Denver, Colorado Thomas Bretz 3/13/80) Response: The State Land Board met Monday, March 10, 1980 on this land use and approved the issuance of sand and gravel leases. The State of Colorado is the owner of the minerals. At present the State is in the process of preparing the leases and determining the percentage of revenue to be collected by the State. Mr. Bretz related that in Monday's hearing before the State Land Board, that Mr. Tucker amended his request to surface mine and excavate only hills or high elevation areas to a level in relationship to the surrounding layylof the land. These areas would not be near the creek or draw areas, the prime concerns of adjacent landowners,voiced at said hearing. r 5. Hazel Slater Carr, Colorado Owner Contacted Response: Mrs. Slater is very concerned about protecting the creek which runs through her property. She has no objections if this natural creek water will not be hampered in any way. 6. Lloyd Thomas Carr, Colorado Owner Contacted Note: Mr. Thomas is on vacation. He did sign the petition supporting this request and is included in the packet. Contacted March 13, 1980 - 8:30 A.M. 7. Lazy D Grazing Owner Contacted Carr, Colorado Arvid DePetro Response: Mr. DePetro is opposed to the issuance of this permit for several reasons and stated he has been to the Land Board meetings in Denver. He will attempt to attend the meeting Monday or will call Mr. Kirby to state his views before the Monday meeting. 8. Paul Blake Part Owner Moberly, Missouri Response: Mr. Blake expressed the desire to go along with the rest of the adjacent landowners. Of great concern to him is the water availability. After talking to several adjacent landowners, he returned a call to the Clerk to the Board's office on Thursday, March 13 and advised he did not oppose the extraction of the gravel but does oppose the using of any water source in this area. MEMORANDUM RE: Terry Grazing Association - Tucker Aggregate Operation in Town- ship 11 North, Range 67 West (Sections 17 and 20) . DATE: March 3, 1980 TUCKER CONSTRUCTION COMPANY SERVICE AGGREGATE MINE SPECIAL USE PERMIT APPLICATION WATER USE PLAN 1. Introduction: This Memorandum summarizes the water need for the Tucker gravel operation, how the water will be used and the source of the water for the operation. 2. Water Needs; Plans for Use: In summary, water needs are (1) potable and sanitary water requirements (domestic) ; (2) wash plant and (3) fugitive dust control. The need and how these waters will be used are as follows: a. Domestic: The potable and sanitary water requirements will be initially satisfied by portable sanitation facilities and trucking of potable water. If needed, and as soon as necessary permits can be ob- tained, a domestic water well would be drilled pursuant to Colorado law. b. Wash Plant and Fugitive Dust Control: This water is needed to operate the wash plant and, if necessary, assist in dust control. The plan submitted involves the construction of a small dam (less than 10 feet) to establish a small holding reservoir (approximately 3.5 acres in size) . The reservoir capacity will be up to 27 acre-feet. The water will be pumped from near the water surface to the wash plant site, used there and recycled into the dam (see Dam and Spillway Section drawings in Applica- tion and Extraction Plan Map) . The return water from the wash plant will enter the reservoir allowing sediment to settle out, with the cleanest water being near the surface at the pump site. The washing machine would operate at approximately 800 gallons per minute, or with 384,000 gallons per 8-hour day (800 x 60 x 8) . In other words, a little over 1 acre-foot (1 .18 acre- feet) would be run through the wash plant each day. This would constitute a minor depletion in the reservoir capacity and would not require constant pumping. This continual recirculation process will involve small water loss r . due to evaporation and with the finished gravel product. Engineering calcu- lations show that the total annual loss will be approximately 26 acre-feet of water, or less. Of course only a small portion of this will be lost each day and the actual operation of the plant would contemplate additional water only at irregular times as the level of the reservoir substantially drops. Using a simplified approach to obtain a daily replacement need over the year, 26 acre-feet annual consumptive use represents .07+ acre-feet per day (26 365) . Since an acre-foot equals 325,850 gallons, this represents approxi- mately 23,211 gallons per day (.07+ x 325,850) . This would represent a well pumping at approximately 16 gallons per minute on a 24-hour basis, or the approximate equivalent of a stock well. Salient points can be summarized as follows: (1) First Fill of Reservoir: 27 acre-feet; (2) Annual Consumptive Use: 26 acre-feet; (3) Daily Water Circulation: 1.1 acre-feet (384,000 gallons) , most of which is returned; (4) Average Daily Replacement Requirements: Assuming constant pumping (which would not be the case) , the daily requirement of ad- ditional water is approximately 23,211 gallons, or a well pumping at 16 gal- lons per minute. 3. Water Sources; Amount; Intended Priority of Use: The sequence and amounts of water to meet the above-described needs would be as follows: a. Free Water During Runoff: Use of run-off water when there is no call on the river or its tributaries would be maximized from Lone Tree Creek. This would be the first source of water and is reasonably expected to provide at least the first fill of the reservoir. b. Well Permit--Foxhills Formation: Assuming that the run- off water will ultimately not be available sometime in the spring or summer, the next source of water for replacement of consumptive use will be the Fox- hills formation, a nontributary ground water basin, by means of a well per- mit. This is a deep formation (between 400 and 800 feet) and does not impact on tributary water rights or any possible existing stock, domestic or irriga- tion well in the immediate area. Pursuant to state regulation, applicant is entitled to an estimated net yield of .2 acre-feet per acre per year. Ap- plicant has approximately 3,300 acres under lease and lessor (Terry Grazing Association) consents to the use. This amounts to approximately 660 acre feet per year (.2 x 3,300) . It is anticipated the permit would be limited to no more than one section, which would result in total entitlement of 128 acre-feet a year, or almost five times the amount necessary. -2- c. Mantey Reservoir Rights: As a third priority or contin- gency source, applicant has obtained the right to Howard I. Holtzinger's Mantey Reservoir rights on Lone Tree Creek totaling 129.27 acre-feet. This is more than sufficient to cover any contingency. 4. Tying Water Sources to Water Needs: Given the initial fill requirement of approximately 27 acre-feet and the annual consumptive use of approximately 26 acre-feet thereafter (remembering that this is spread out over the entire year and means that only a small demand every few days is made) , the applicant has more than adequate water resource available with- out impacting in any way upon other water rights. It is anticipated that will be met in the following fashion: a. Initial Fill of Reservoir: It is most likely (and in reality, a virtual certainty this year) that the initial fill of the reser- voir will come from the free water during runoff. It is also extremely likely that the initial stages of replacement water will also come from this source. b. Later Replacement: Upon completion of the permitted well to the Foxhills formation, and when the free run-off water is no longer avail- able, the maximum of need (presumably less than 26 acre-feet) will be obtained from this well at a very slow daily rate (approximately 23,211 gallons) which would be equal to a stock well. More than sufficient acre-feet are avail- able. c. Ultimate Contingency: If for any reason the first two sources are insufficient (which is highly unlikely) , applicant possesses the . second contingency from the Mantey Reservoir water rights which are minimally five times the need to meet consumptive use. 5. Summary: In the first instance, the water demands are com- paratively small. The first fill from free run-off water is virtually as- sured. Thereafter, the consumptive use should not exceed 26 acre-feet for the entire year, assuming the driest of circumstances which would not permit additional free run-off water. That water is merely to replace the water lost through evaporation and the finished gravel product. The demand will not be every day, but if averaged on a daily demand, constitutes the equiv- alent of an average stock well or less. The total consumption can be cov- ered fivefold by using only a portion of the Foxhills entitlement. -3- REFERRAL LIST m Z O A_PPLiLANT Tucker Construction Company H E-4 CASE # SUP-411 : 80 : 1 r4 REFERRALS SENT OUT ON: January 17, 1980 z REFERRALS TO BE RECEIVED BY: February 8, 1980 C w w H Z 0 U 0 w Pi co 1 0 U fZ r4 O P. c REFERRALS RECEIVED County Attorney County Health County Engineer Colorado Geological Survey Dave Shelton 1313 Sherman Street Room 703 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Water Conservation Board 1313 Sherman Street Denver, Colorado 80203 West Greeley Soil Conservation Serv. 4302 West 9th Street Road Greeley, Colorado 80631 State Fish and Game Don Bogart 317 West Prospect Fort Collins , Colorado 80521 State Engineer Dr. Jeris Danielson Division of Water Resources Department of Natural Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 REFERRAL LIST p APPL1 uANT E-4 < CASE # REFERRALS SENT OUT ON: January 17 , 1980 0 REFERRALS TO BE RECEIVED BY: February 8 , 980 EC H 7. U U 0 w a, N O U O P. c REFERRALS RECEIVED Rommatwmaxbonnecsx EsaaxklIcxxlMAx State Health Department 4210 East 11th Avenue Denver, Colorado 80220 Irma White Box 673 Ault, Colorado 80610 rArNEe_ds C l o,,u\1 y•i) • . ,,,,_,.,-,\,- ,,,,--?, .,3-1' t - i -A,F, ."E'.T CF FL -'N 'J',C SE .',,_ - '( - z-''') PHONE [30313564000 EXT 40 -, 91510THSTREE _ E , �ZpU �'.>_ GREELEY,COLORADO 8063 ri -1-- [ D (.: _c5,1vElp 11-1 ' ©0: iOrli • CASE NUMBER SUP 411 . 80 . 1 COLORADO � ,,L ,, ,;Zzc�N' ' - January 17, 1980 ~' REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Tucker Construction Company for a Special Use Permit for Open Cut Mine Permit for Sand and Gravel. The parcel of land is described as pt 4Pctinn 17T NiNEB section 20 . T11N, R67W The location of the parcel of land for which this application has been submitted is 1 mile northwest of Carr This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by February 8, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to., the enclosed letter. Signed S. Agency OJC,01 Date 2/3 6 Assistant Zoning Administrator • ELP. .,E'\i r,,r,F P! `'.' � ,`r ` ` _ PHONE 13031 356A000 EXT 40, 91510THSTPEC GREELEY,COLORADO 8063 A i I CASE NUMBER SUP-411 : 80 : 1 COLORADO REFERRAL January 17, 1980 � � r'I�� TO WHOM IT MAY CONCERN: Enclosed is an application from Tucker Construction Company V I for a Special Use Permit for Open Cut Mine Permit for Sand and Gravel. The parcel of land is described as Pt _ Section 17, N1/2 NE% Section 20, T11N, R67W The location of the parcel of land for which this application has been submitted is 1 mile northwest of Carr This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recouuliendations . If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by February 8, 1980 so that we may give full consideration to your recowniendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. I' A formal recommendation is under consideration and will be submitted to you prior to %' �,-— /Fell' • 3 . Please refer to the enclosed letter. i/Signed CI`?�LC 4 Agency ,Jf erm Date g -��g��' Assistant Zoning XAdministrator EORRflDU To Vi ck;P mraxl er Date February 14. 1980 COLORADO From Drew Schel ;nga. Engineering a alter subject: Tur'ker Construction Cony S.U.Q. Access to the gravel pit should be limited to the Interstate 25 east frontage road as inidicated on the Vicinity Map. Drew Scheltinga Engineering Manager DS:sad EORR11DU 1(11-1111k To Planning Commission Date February 6, 1980 COLORADO From Gilman E. Olson, Utility-Subdivision Administrator subject: Tucker Construction Company (S.U.P.) Access to the above mentioned request shall be limited to the Interstate 25 east frontage road. Due to the type of County roads in this area, none shall be used to haul mined gravel from the above mentioned request. 7 , C--.2‘-'"? .-----" -- Gilman E. Olson Utility-Subdivision Administrator GEO:sad f" rte+��'C/7 J c• \, , ,.. WILLIAM LOPEZ Planning Department DISTRICT I Ext.450 EXT. 265 LARRY TIMM LARIMER COUNTY COMMISSIONERS NONA THAYER Director DISTRICT II EXT. 266 P.O. BOX 1190 DAVID C. WEITZEL FORT COLLINS, COLORADO 80522 DISTRICT III 221-2100 EXT. 267 669-3646 February 29 , 1980 Ms. Vicki Traxler Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Ms . Traxler: Please find enclosed the recommendation of the Larimer County Engineer concerning the Tucker Special Review to be considered by your Planning Commission. Our office would concur with the engineer' s recommendation. Thank you for the opportunity to review and comment on the request. Si er y, A0ioae.............,_ John A. Pedas Director of Planning JAP/kl CC: file ,�23 4:5 6 f� n y MAR x'30 _a, RECEIVED old CouotyFu:II ng Cccriss?nn �r ��4 COURTLYN W. HOTCHKISS ENGINEERING DEPARTMENT DISTRICT I EXT.392-393 EXT 566 WILLIAM W.CAMPTON NONA THAYER COUNTY ENGINEER DISTRICT II LARIMER COUNTY COMMISSIONERS EXT 266 ROSS W.SHAW ASST.COUNTY ENGINEER DAVID C. WEITZEL P.O. BOX 1190 DISTRICT III FORT COLLINS, COLORADO 80522 EXT 267 221-2100 669-3646 MEMO TO: John Pedas, Planning Director FROM: Bill Campton, County Engineer% '' SUBJECT: Weld County Gravel Pit DATE: February 27, 1980 I have reviewed the gravel operation plans for Lee Tucker for his proposed gravel pit in Weld County. His initial intention is to have gravel available for the county roads being constructed by PRPA on the Rawhide Project and for the Rawhide Power Plant itself. The truck traffic so generated will not affect any county roads. I therefore recommend approval of the plan. WWC:mr Cs- CPJ - th St. ... rid, Cr 1 y, CO. 3 t_ ��. ,?awry 1 •, t 1 l tr` �... :2't:Z1? , rcc'�,' ^r i r. �1:, > ,Fi fir. .,. 'v'at c;. 1 ,mot.. ct S•r r:xa< y, C1�1or..�C1. ��(39 7 h�xzrn re,i' 7c ti 1:1 t, UC'ET`_ '.,(.,:.^truct4_O,. Co_-many Sn c r ' l- C � t • Poi:" tr, J, b oat_ ' n SOCt cols 1 ail ", r �r'* .ortiit,nst Ct Carry <.1 in, ,?1<t County. , c 1 l dr for ad, • ' 1 ) T t', . • r' .ct "C;11 -,1 t n • ..mt1 • _�d :. „ - I Sl C• L(',. ` .i t rx' `': :1_Y,_r? chrt 71.- f, t o ,i l In • for s 2 't-x}r ;tr • c` ... ._1 J„r,ars >> . ,uld a cn, struct '1 to i7.o - _ r , :iL.t;n stib, Ctd <1•c.'te s o Cr,,r.,s nor - .'yrt . .;t ti t G Y_ : Cr 'i" , i.'1 r 0r- " _,?:,. ,'I'1;1rt 1" f1 r� _ r!Z �- . .. ,7", ,os .. ,I.ruc x _ .? '�' i `. a 1— ';') ,Or, ,r-,- _',, star r*'1, tr., '', __,.t 311 .r r_ nr _ •�^. _ .-j' 1 ;..t:n; 1 • t '1'. !-cat, t-'.,- ,r '9,_'Pt Cn, 1t -scat:1 s1ai -,t. 1 1_ that s— t,—;.s rh.)l J, r i` ' t 'I - f,, c,-.) ',1 t o..s l'Sr - - 'a ':,c lir 7 r, . . -.'11_C, shout 7 t) , ,. no I`: " r sot',^ t_ _ _ to;: to trr S:,'r ros 'C>!d _ 'Ct_, :rt Cu10i' i_ _0 0 .-ort as Cora rs " I.' cowl ,o: ar c' t'^t'r .T.%-!(1,2s `I'C:':}" .;1 ,:,'. .. -t ,C.-�<, ., t 1 rc "�t. .t.:. r •:•.1:r ror ,.1 1:11^s'' , - • _,1.. ti -'' ' _ ;t r •i' - Cr_ t lours r. • _ 1.. 11. ' • i'1 , , •C / / • C1 L'≥°,° A2/11, i/4. -.6z--/--"---- -t, (fl\ fi� ��,,®® t� a �" TM NT OF HEALTH f ichard D. Lamm `"' Frank A.Traylor, M.D. Governor 1876 Executive Director February 22, 1980 Lee Tucker, Owner Tucker Construction Company 4563 East County Road 68 Wellington, CO 80549 RE: Application for Emission Permit C-12,774(FD) Dear Mr. Tucker: The enclosed package, "Notice of Intent to Operate" an aggregate mine and crusher/wash plant in Weld County, has been prepared by the Air Pollution Control Division for release on February 29, 1980 for public comment in accordance with the requirements of the Colorado Air Quality Control Act and Regulation No. 3 of the Colorado Air Quality Control Commission, Section fl1.B.1. Copies are available for public inspection in the office of the Weld County Clerk and Recorder, Greeley, Colorado, and at the Air Pollution Control Division office, 1101 Bellaire Street, Denver, Colorado, for a period of 30 days after the notice appears in the Greeley Tribune. This letter will also serve to advise you that the application is complete and in proper form, as required by Air Quality Control Com- mission Regulation No, 3, Section N.A.I. X urs very truly, (--- -6 AA. rn (2/0-4". '.oiC A. C. Bishard, P.E. , Chief Stationary Sources Section ' Air Pollution Control Division JAS/md Enclosure 27?� 7,-;.-".:).!=.- N f r;,:>i, 't:' FEB '4SC4° :) �' l sCEIVED V:- vleW County ;p, • Ph1ilto Gr111ISS10[I `� r 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 or Coto yy FTC tl . • • 1816 COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 320-8333 Frank Traylor, M.D. , Executive Director DATE: February 11, 1980 SUBJECT: NON-STATE ASSISTANCE REVIEW AND COMMENTS TO: Chuck Conliffe Weld County Dept. of Planning Services 915 10th Street Greeley, CO 80631 PROJECT TITLE: Tucker Construction Company, Surface Aggregate Mine Case #SUP-411: 80:1 STATE IDENTIFIER: N/A COMMENTS : (Due February 8, 19801 Air Pollution Control: The Air Pollution Control Division has reviewed the above proposal and wishes to make the following comments: 1) There is no mention made of present ambient air quality nor the effect of this proposal on that air quality. 21 The proposal is in an area which has been classified as non-attainment for TSP. 3) The Division would like to see an analysis of air quality, an analysis of the fugitive dust emissions associated with this activity, and the proposed abatement procedures before any permit is issued. 4) The Division feels that it is the responsibility of the local juris- diction to weigh the cumulative impacts of developments of this type against local needs and environmental standards . The Division also feels that local governments should take measures to insure that negative impacts from such developments are minimized. 5) Indirect effects due to in- creased automobile traffic should be addressed as well as mitigating mea- sures to control this problem. 6) Roads to and from the site should be paved. Zw•11/4 � rEg V80 . gtiP 1a�a�ng ��L �� 2� Ste e en Kelse P gram dminsitrator L l£0E6�� y' SOC-3, Jan 79 o1-coo f1=` ._ ±, A COLORADO STATE DEPARTMENT OF HIGHWAYS * ,��ri` * DIVISION OF HIGHWAYS 1876 I-25 Carr Interchange Patrol # 18 February 15, 1980 Ms. Vicky Traxler Weld County Planning Centennial Plaza Greeley, CO 80631 Dear Ms. Traxler: This letter is to inform you that we have discussed the road maintenance of the Carr interchange and service road to the area of the Tucker Gravel pit with Steve Schermerhorn from Impact. The State Highway Department has accepted their proposal and will permit them to use this roadway. Sincerely, DWIGHT M. BOWER DISTRICT ENGINEER K/(1,I. (7//:/ :..,...;:i_ David N. Fraser Maintenance Superintendent DNF/ps cc: D.M. Bower ��\'1\�� ,��f-D D. Jensen FEB 1980 cs, cn ti RECE1' EO ' Its County 3 1?-6,00Viar,Bing tonnissisu .� �;w P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 OY co_ 0 >41 tc•%—r1 o COLORADO STATE DEPARTMENT OF HIGHWAYS * DIVISION OF HIGHWAYS Weld Count Siry�Ur% � D S y 1876 I-25 February 6, 1980 Tucker Mine Permit 1 Mi . NW of Carr Interchange on E. Frontage Road Ms. Vickie Traxler Department of Planning Services DOH FILE 45100 Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Ms. Traxler: We have reviewed the Tucker Construction Company application for a Special Use Permit, and we have the following comments. 1 . The existing Interstate 25 frontage road is expected to serve as part of the gravel-truck haul route. This gravel frontage road was not designed to bear the volume of trucks and the weight of the loads which these trucks will carry. In addition, there are cattle guards on this road which may not withstand the loads. Inasmuch as hauling operations from the gravel pit will be the predominant and almost exclusive use of the frontage road during the operation of the pit, we will expect the Tucker Construction Company to provide those measures necessary to prevent the deterioration of the frontage road and the ramps and cross road at the Carr Interchange. These measures will probably include: improvement of the frontage road surfacing, replacement of the frontage road surfacing, road grading of the frontage road, and asphalt patching of the Carr Interchange. It may become necessary to repair and/or replace the cattle guards if they show signs of wear. 2. Dust control is another area which should be given consideration. A dust palliative should be provided for the Interstate frontage road up to the existing access road which will serve the mine. Waste oil is a possible palliative, but its use should be carefully controlled so that vegetation along the roadway will not be disturbed. Further, use of waste oil may not be acceptable to the adjacent ranch owners. 3. Prior to the beginning of the hauling operation, an appointment should be made with the District IV Maintenance Superintendent, Mr. David N. Fraser. This will allow him to assess the existing conditions and thus monitor th impacts of the increased traffic on the highway facilities. fbN • �' ~r Thank you for the opportunity to review this application. F,t Very truly yours, cnc:r , 4 �; co DWIGHT M. BOWER F� > DISTRICT ENGINEER cZ� AC:da c-' cc: D. M. Bower � '= D. N. Fraser (2) � File: Crier-Jacobson via Albert Chotva s ti Rames-Finch-Graham Assistant District Engineer w/encl . P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 RICHARD D. LAMM J'¢ - j- �' J. A. DANIEL'SON CF �►��Governor State Engineer Vi -� O� aA 6, DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES IRRIGATION DIVISION ENGINEER ROOM 208 8th AND 8th OFFICE BLDG. GREELEY, COLORADO 80631 OFFICE: 352-8712. February 19, 1980 Ms. Vickie Traxler Assistant Zoning Administrator Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Ms. Traxler: The contingency water plan attached to this letter meets with the approval of the State of Colorado Division of Water Resources. This would be subject to the priority system. This proposal using non-tributary Fox Hills water, apprears adequate for the limited requirements of this plan when approved. Sincerely, ames R. Clark Division Engineer JRC/RDS/rh Attachment �F COlO �w,,., ,P RICHARD D. LAMM �Q j ;�9� J.A. DANIELSON Governor State Engmeer � �� * * e * �f876 � DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 February 8, 1980 Ms. Vickie Traxler, Assistant Zoning A�ministrator Weld County Department of Planning Services 915 lOth Street Greeley, CO 80631 Re: Special Use Permit for Open Cut Mine Permit for Sand and Gravel Dear Ms. Traxler: As requested by your office, we have reviewed the application for a gravel operation near Carr on Lone Tree Creek. The following comments need to be addressed prior to county approval of the application: l . The water resources portion of the report states that water for the wash plant and fugitive dust control will be obtained under a temporary transfer of rights owned by the Terry Grazing Association. The rights amount to 10 cfs from the Mantey Ditch. The Mantey Ditch water right is to be used for irri- gation purposes only until a change in use has been obtained and until a plan for augmentation has been approved. There- fore, a water supply for the mining operation is not available. 2. The report states that the aquifer located 13 feet below the mine floor should be more than adequate to supply the make up water requirement. This water would be tributary ground water and, therefore, cannot be used for any plan of augmentation since the Platte River Basin is over-appropriated and any well would be subject to curtailment and would also require a plan for augmentation in order to operate. 3. The plan would also involve the construction of a dam for a 4-acre wash water storage and a settling pond. It is not clear whether the 31 acre-feet of consumptive use associated with the gravel pit operation included evaporation from the pond. Ms. Vickie Traxler Page 2 February 8, 1980 4. It is not clear what will happen to the pond after the gravel operation is completed. If it remains in place, the evapora- tion from the pond would have to be permanently augmented after the mining is completed. 5. If the dams that will be constructed will be over 10 feet in height from the channel bottom to the bottom of the spillway, the design must be approved by the Office of the State Engi- neer in order to be in accordance with Article 87 of Title 37 of the 1973 Colorado Revised Statutes. 6. In the agreement between Tucker Construction Company and the Terry Grazing Association, item 14, it is stated that Tucker shall have the right to construct a pond at the mining area and shall also have the right to take water from the Creek; and that Tucker shall also have the right to pump water from the existing well on the site. Tucker Construction does not have a decreed water right at this time for the diversion of the creek water for industrial use, therefore, they cannot use the creek until they have a decreed industrial water right and plan for augmentation. The well permit from the well in Section 23 was issued for livestock use and the use would have to be changed to industrial purposes and a plan for augmentation must be approved before it could be used with the mining operation. If you have any further questions concerning this application, please feel_ free to call us. Very truly yours , Je 's A. Danielson Sta e Engineer JAD/RLS:mvf cc: Jim Clark, Div. Eng. FEB �,6 REC ,';VP'D ri TaTh ,C?-) g go n. BENJAMIN F.STAPLETON J.WILLIAM McDONALD Chairman,Denver Coof Director FREDERICK V.KROEGER � 90 LAREN D.MORRILL Vice-Chairman,Durango * Deputy Director JOHN R. FETCHER ?ez * Steamboat Springs C.M. FURNEAUX RICHARD D.LAMM Walden Governor FLOYD L.GETZ DEPARTMENT OF NATURAL RESOURCES Monte Vista COLORADO WATER CONSERVATION BOARD PATRICK A.GORMLEY Grand Junction 823 STATE CENTENNIAL BUILDING ROBERT A.JACKSON 1313 SHERMAN STREET TELEPHONE (3031839-3441 Pueblo DENVER,COLORADO 80203 DAVID LEINSDORF Crested Butte January 29, 1980 HERBERT H.VANDEMOER Sterling Ms. Vickie Traxler Assistant Zoning Administrator Weld County Department of Planning Services 915-10th Street Greeley, CO 80631 Re: Tucker Construction Company Open Cut Sand and Gravel Mining Permit. Case No. : Sup-411:80:1 Dear Ms. Traxler : A flood hazard review for the Tucker Construction Company' s special use permit application has been completed by the Colorado Water Conservation Board staff with the following findings: 1. Location: County - Weld Community - 1 mile northwest of Carr Section, Township, Range - Section 17 and N zNE 4 of Section 20, T11N, R67W, 6th PM Area - 720 acres, of which 220 will be disturbed 2. Potential Sources of Flooding: Lone Tree Creek and tributary areas 3. Lone Tree has no designated 100-year floodplain nor is any published floodplain information report available. 4. Lone Tree Creek has two stream gages: one near Nunn, Colorado (D.A. 199 square miles) , and one near Granite Canyon, Wyoming (D.A. 24.3 square miles) . Lone Tree Creek at Carr, Colo- rado, has approximately 146 square miles of drainage area. The highest peak flow of record on Lone Tree Creek occurred June 14, 1965, at the Nunn gage. The discharge was estimated to be 6, 040 cfs by the USGS. v Ms. Vickie Traxler January 29, 1980 Page two 5. According to the extraction plan, the actual mining will occur on a small western intermittent tributary to Lone Tree Creek, with a drainage area of less than 2 square miles. However, two small dams are proposed on Lone Tree Creek for which no real design criteria are given. One dam will divert flows on Lone Tree into a diversion ditch and carry them approximately 4 mile before returning them to the creek. This will allow construction of a second small dam upstream of the ditch outflow for creation of a storage and wash-water settling pond. 6. The primary land use in the area is rangeland for livestock grazing according to the application. 7. The reclamation plan does not make any mention of whether or not the diversion and impounding structures will be removed or maintained in a safe manner as stockwater ponds or whatever upon completion of mining. 8. The reclamation plan calls for returning the mined area to a natural state. Based upon these findings and other information contained in the application, we offer the following recommendations : A. Any operations of the gravel pit should not obstruct the passage of the 100-year flood flows, or the peak of record if no 100-year flow is determined, to the point that it has any adverse effects on others. B. Fuel tanks, septic tanks, and other items that might wash away during flooding and create "hazards to public health" should be securely anchored and adequately floodproofed to avoid creation of this type of a hazard. C. The small dams should be designed to requirements of the office of the State Engineer and either removed or maintained in a safe manner following completion of mining. D. It appears that any temporary structures can and should be located a safe distance above any natural-flow path of signifi- cant nature. Should you have any questions concerning these recommendations, we will be happy to respond. Very truly yours, /11,-.4244- FEB 7 uu D. Randolph Seaholm j RECEI\/T' ) j Water Resource Specialis Vic!J DRS :tam P STATE OF COLORADO Richard D.Lamm,Governor DEPARTMENT OF NATURAL RESOURCES ,olDR4,0 DIVISION OF WILDLIFE o Jack R.Grieb,Director 4y 6060 Broadway Off, 1', OF , Denver,Colorado 80216(825-1192) January 25, 1980 TO : Jim.McArdle Mined Land Reclamation Staff FROM: A. Whitaker Wildlife Program Specialist SUBJ: Tucker Construction Company, aggregate application File #80-2 Our regional biologist has reviewed the above-referenced application and visited the proposed mine site. He approves of the reclamation plan and seed mixture and feels that the wildlife data is correct. We would recommend that if any riparian vegetation is encountered in the mine area, it either be avoided or replaced with the same nG...k\V t, species. /d cc: D. Bogart NE Region D.3O1 i<D JAN 1E80 R7 RECEIVED <o NJ Vidi County o Flaming Commission Ld gL DEPARTMENT OF NATURAL RESOURCES, Harris Sherman, Executive Director • WILDLIFE COMMISSION,Michael Higbee,Chairman Wilbur Redden,Vice Chairman • Sam Caudill,Secretary • Jean K. Tool,Member • Vernon C.Williams,Member James Smith,Member • Donald Fernandez, Member • Richard Divelbiss, Member S . u�� .or• o tr RICHARD D. LAMM JOHN W. ROLD GOVERNOR * • * Director 18 76 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 January 23, 1980 Ms. Vickie Traxler Weld County Planning Department 915 10th Street Greeley, CO 80631 Dear Ms. Traxler: RE: SUP-411 :80:1 , TUCKER CONSTRUCTION The Tucker Construction Co. is proposing a short-term gravel extraction operation on a 220-acre site in secs. 17 and 20, T11N, R67W. A gravel pit already has been operated in the SE/4 sec. 17. Relatively thin upland, terrace, and valley- fill gravels associated with Lone Tree Creek cover the entire area and range from 10 to 14 ft thick across the subject tract. Isolation of the tract distance from I-25, and the screening effect of the upland surface above the terrace will reduce the visual aspects of the site immeasurably. Convenient access to the pit via the 1-25 frontage road will reduce the traffic on county roads around Carr. I can see no serious geologic problems involved with mining on this site. Sincerely, Stephen D. Schwochow Engineering Geologist SDS/gp cc: Land Use Commission v/ f J AR 1 s80 0 RECEIVED ul �, t1eYd Couafil �► Cooayn°�a .o �1 SL 171 EI Z��\�� GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE DEPARTMENT OF PLANNING SERVICES PHONE (303)356.4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 v_1 ._1 [,) COLORADO January 18, 1980 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from Tucker Constriicti nn Company for Special Use Permit for open cut mine permit for Sand and Gravel on property described as follows : Pt. Section 17, N% NE%, Sec. 20, T11N, R67W The location of the parcel of land for which this application has been submitted is : 1 mile northwest of Carr If you have any suggestions or objections, will you kindly notify us in writing before February 8, 1980 . The meeting by the Weld County Planning Commission is scheduled for Feb. 19 , 1980 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1 : 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext . 404. );z )(6'(l9,,,,� `�)`Assistantoning Aaministrator (',e-q21i - 9/13/7R DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET {y GREELEY,COLORADO 80631 1] t s 1� February 20, 1980 q • COLORADO This is your second notification. Please note, the applicant has requested an amendment to the original request and therefore the hearing date below has been changed. To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from Tucker Construction Company for Special Use Permit for open cut mine permit for sand and gravel on property described as follows : Pt . Section 17, and NzNE4, Section 20, ` liN , H67W The location of the parcel of land for which this application has been submitted is : 1 mile northwest of Carr If you have any suggestions or objections , will you kindly notify us in writing before February 29, 1980 The meeting by the Weld County Planning Commission is scheduled for March 4, 1980 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1 : 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext . 404. Ql (i- 1 Assistant Zo ing Administrator co- gQn - P/13/7R GNY 217 0 AT&T Long Lines B-�8 .,: RETENTION CODE 1fri, /1 1 ��r�1 -i, 04P-zzzzz V r%,d c E sloe < EI:., c: Pa u n...�p L:9 7 )-"''J VIA :.�_,.. i .._,/ __�_ /...geze6. . We regret having to return the attached, but due to the incomplete address we are unable to forward it to the proper person. Because we have many employees and departments within •,'1��7.--- - Telephone Company,each letter or package being sent to our company must have the person's name, the department, and a correct mailing address. Thank you for your cooperation. Very truly yours, IX/ Supervisor —Secondary Mail -? Ro R DEPARTMENT OF PLANNING SEP.Y'CE:, PHONE (303) 356-4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 February 20, 1980 COLORADO This is your second notification. Please note, the applicant has requested an amendment to the original request and therefore the hearing date below has been changed. To Whom It May Concern: You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from Tucker Construction Company for Special Use Permit for open cut mine permit for sand and gravel on property described as follows : Pt . Section 17, and N2NE4, Section 20, TIIN , R67141 The location of the parcel of land for which this application has been submitted is : 1 mile northwest of Carr If you have any suggestions or objections, will you kindly notify us in writing before February 29, 1980 The meeting by the Weld County Planning Commission is scheduled for March 4, 1980 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1: 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext . 404. Assistant Zo ing Administrator 6 '1 Tucker Construction Company SUP-411: 80 : 1 SURROUNDING PROPERTY OWNERS January 18, 1980 American Telephone and Telegraph Co. 32nd Avenue of the Americas New York, New York State of Colorado 1313 Sherman Street Denver, Colorado 80203 Meadow Springs Grazining Association c/o Arden W. Derr 42274 Weld County Road 45 Ault, Colorado 80610 Paul V. Blake, Grace Prather, Frances Craig 5 Fair Oakes Moberly, Missouri 65270 H. D. and Delpha E. Miles 512 South Grant Avenue Fort Collins, Colorado 80521 Mildred L. Kersey ' - RR 2 Flat Rock, Illinois 62427 Lloyd E. and Marvorie J. Thomas Carr, Colorado 80612 Lazy D Grazing Association c/o Arvid R. DePorter Carr, Colorado 80612 Hazel M. Slater Box 52 Carr, Colorado 80612 • � PETITION SUPPORTING SPECIAL USE PERMIT :�" County Commissioners of Weld County, Colorado „unty Centennial Center 0th Street • y, Colorado 80631 _ Commissioners : --:e undersigned owners of property located within 500 feet of the ty described in the application submitted by—TV C if/C Y Go, petition you to grant this request for SV rfjce A,7rc,7a7 rr• Mailing Address Description of Property 2 5c 6 Of((T7e-tee../Le 17 1/� �I o T S-cue c^ /c /l/ 1 R,, , �.'/ l7 It 5:r cam/ 672- zp, cr. .ot a n ir A:16-;., ,L,„6„.,(,,Ewe 27 ri/ P67- ' L . 0 6 7 /cr,et�`ei�- /�p cc�� `Z- y (/ gs- , . • - -•-• Zi`.--j2- y /6 c/ 75 GY-aAiticati36. 6,14 , .2 Z �� //I S‘ -gt, ik)esi-z- -?ZC) } 4dt e zz2-r-aer-e (1 6 W2 (1//e\ � 7e, i c_ e / 2 (duA.ti_ rr-e-o , 66/ 2- 29026 Ao-uir." ?�7o 1 c C / �rz � z� • �1 / Z- J5VO Z6 .1tkL/�j ' ate r,i‘ /2 G//5s C /pct• /I%z ��/� �-�-' 5S-6-1614 1 7 r U ✓ o G • _____C"Wl, CO . $o i/Y ___041-444egge.-4A--",1.197 4174.1 (IA). li) , S( L_ �- �` [, l t (C e` ` ( (/2 , -7// i 1 ' , „., .. riWG/A/ e"'T (*a/vr-j *2/I/),e& 2) Z . ,des Y 2i / /07-. ,&'c/ , /GL. - Z •07 LAZY P a17/10 /4/6 4cS4 A,Pvf j 4 y:.6 ~7--6-ie 'idf� cad. Roc / z A/,o2EC- /y2. 4.47-6-le XO,"" 6'2 c':./.1,--."; cozo BUci2- Co-c v- , CAA,' Sad b r .Z CT S Z 2-/ --7 't / 7g486 / C/cc t`/, 6 , t.,,. A/C..I v• Z Fe-.47 /'0c/c, / C 6- ' L 7 e>tc.- 2-oQ (2 '2'2/-%"/ - 2- -0a/ 2e0-7)- 67 /r/(, f2 k )) 5.1(x.' l?-OzO/4&-a-fG 2- Gam? Pt"6 .45-$ 0 �- /lfC' 7' Z7 l-2-OZaI -2. 7- 9- .0Z -0U / /mot � -/lv-(� i -�c� :1✓ ?� S l_..pl'G-✓e) 4°/ c�✓` /e 1SUX _�2- 'ic�CT/2 : �/.'T>' 74-c e;�.e(// ��!'S7 c 0. lac 46Z-OZd/ /)-//-4,? 03071 .`1 'li) re'/AY ,Q/14z// G- XS( 1� ) Cf' /C /t- ' .c AVd/t ez j"c« 31N= /E Am erg/(:�� 7— /8 Li2_OZo/-/v- a-(- c'- O© / t 3 �7 c -1 oF co /400 I / � C to 2-azO/-/ -o- o-00 2 510 C (,3b'7 ) /f- /)? \ L i/ ! .4s- /V✓w �I l� fl./ /!r � /e ' �Z2 c / V f r OGe.e/e) s c 7 1r - ) /_ 27-7 r /U X725 1,., » A,p," ,,0✓C 1/ ¢ �'��T,G� �/2�(IC C= CIPf''4./Af.4.'uc FS %�/i: (2/',4:) C 4)/ /;',' vztiF y r �y -€ /-2._) -7 9 c��f c_ /5<<0 S7 4=• 0 /J)/e 61, 4p, ,{1 '44- 1,44 r.*, 3 /(i_ 6>e-it / /,�`/',(1 Z//,/ .f'SSR7" / Z f, 4i4..7 , J ifz . <r 7 lG2-0ZOl- 0.7 0-s0,9- 00 5 -I -�c H69- 579 Vv) ro ) 7 /ZV GgAIf/ ssm/ :., v ci 705/ w 20 �' C/?e• ec'e/ J A v III �- ea7 /-2.-” /S 0/4 7 '7,7)::/e-- OP Coe v/:c', ) Sr c7- 7 /oZ -dZ0% p9-a-o0- Oo1- c � --/d-<--c- /*' + } is%i •; )) 5 7_/C, z -4 2. O//G Oo-C >' j-- f5 /J o/4'7 sT,dTr (), co z o - A Scsc7T Z lv z -OZo/- 0- oo-oo 4_ S/ -c /V 4a 3 e7 �v T6 •z- f 6�Z19 2-/ i�✓I J MV J(- V / f a- (, •,416-1/a11/ TEL 61"/Ve/t/&-- 7- (67%;- #-Y/ /0!�. or T//6- 4/nee-,/CAJ ,rte 6i yo/e/e / Al. >' 7741(: rrz �V&mom T :, a, v0)/✓4.- cSit/ AezE i 4v _D Eke 12- 27 w CO / , '4 4l r ,J✓u,% 6oco. 4o&/ /P/-0e1 - V Se ,c G-4t1Gr p/:/17o-.'c-,_ A7e.4t/uc6S c/ 4/cam 2e 6",eGY /YI/s$ov/e/ &5. 70 411/6`, BFFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date March 4, 1980 Case No. SUP# 411 :80_1_ APPLICATION OF Tucker Construction Company ADDRESS 4563 East County Road 68, Wellington, Colorado 80549 Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for site approval of Open Cut Mining—Sand & Gravel covering the following described property in Weld County, Colorado, to-wit: See attached with Development Standards be recommended (favorably)( PALM to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the proposed operation is in compliance with the policies of the Weld County Mineral Resources Extraction Plan in that the parcel is non- irrigated, non-cultivated land lying with a designated mineral resource conservation area. 2. It is the opinion of the Planning Commission that the proposed operation is in compliance with the provisions of Section 3. 3 (E) (2) of the Weld County Zoning Resolution. 3. It is the opinion of the Planning Commission that the design and controls proposed in the operation and the attached Operation Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate Motion seconded by Frank Suckla Vote: For Passage Bob Ehrlich Against Passage Chuck Carlson Fred Otis Jerry Kiefer Frank Suckla Bette Kountz The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CLR; IF ICIiTION OF COPY I, Shirley A. Phillips , Secretary of the W,ld County Planning Commission, do hereby c:ert f/ %frl ,nr above and foregoing Resolution is a true copy of the Resolution of the ' inoing Commission of Weld County, Color- ado, adopted on _ _ March_ AL 1980 and recorded in Book No. VII of the proceedings of the sai Pld'wmng Corimi',siO,,. ; 'ire 6 di.1y o,' March , 19 80 n Tucker Construction Company SUP-411 :80 : 1 PLANNING COMMISSION RECOMMENDATION March 4, 1980 protection of the health, safety, and welfare of the inhabitants of the area and the County. This determination is based in part upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission recommendation is conditional upon the following: 1. The attached Operations Standards (as modified from the proposed Operations Standards outlined in Section 6. 1 (3) E. regarding open mining) being recommended and approved for this request. 2. The mining plan map being amended to show the Operations Standards on the plat prior to recording the maps in the Weld County Clerk and Recorder' s Office. 3. The following note being placed on the Special Use Permit plat : Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation . activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards 4. The applicant submitting the following information and/or materials prior to the hearing before the Board of County Commissioners : a. A program for maintenance and/or upgrading of the highway frontage road and any county roads which are used to haul gravel which shall be accepted by the Board of County Commissioners. This program shall be reviewed by the Weld County Engineering Department and Colorado Division of Highways prior to the Board of County Commissioners hearing. The applicant has requested that references to use of Weld County roads be eliminated as the applicant does not intend to utilize Weld County roads. It is the opinion of the Planning Commission that the applicant should submit a letter to that effect, prior to any change in the recommended Operations Standards. The letter may, if the Board feels it appropriate, state that a plan for maintenance of any county roads be submitted to and approved by the Board of County Commissioners prior to any use of Weld County roads. Tucker Construction Company SUP-411 :80 : 1 PLANNING COMMISSION RECOMMENDATION March 4, 1980 b_ Design plans for construction and operation of the proposed dam and pond which shall be reviewed for flood and engineering hazards by the Weld County Department of Engineering, Soil Conservation Service, State Division of Water Resources, and Colorado Water Conservation Board. 5. The plat shall be amended to identify the following prior to recordation of the plat : (a) Mining Units 4 and 5 on the Special Use Permit area (b) The access to the Interstate 25 frontage road as the only access to be used for the gravel operation in the NW4, Section 17, T11N, R67W The Planning Commission recommendation further suggests that any additional recommendation of the applicant ' s proposed Operation Standards be reviewed by the staff for-consideration by the Board as possible amendments to the standards. LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN T11N, R67W WELD COUNTY. COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS. SEC 17 ALL (EXCEPT .229a AT&T IN SW: S.4). SEC 20 Ny NE4. ��9d( IV / / j a SURVEYOR'S CERTIFICATION I. RICHARD A. RUTHERFORD. A REGISTERED COLORADO LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE MADE THE SURVEY BY THIS PLAT, THAT THIS MAP ACCURATELY REPRESENTS SAID SURVEY AND THAT ALL MONUMENTS EXIST AS SHOWN HEREON. ,as ..Wyf Ca / ' �y L�Cu.!•4��G.a.� . •O" RICHARD A. RUTHERFORD :r: 5028 r P.E. & L.S. 5028 CERTIFICATE OF RESPONSIBILITY I, THE UNDERSIGNED RESPONSIBLE APPLICANT, DO HEREBY AGREE TO THE SPECIFIC EXTRACTION STANDARDS DESCRIBED HEREON. SIGNATURE ,,,fev January 9. 1980 THE FOREGOING SIGNATURE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF January 9 A.D., 19 80. MY COMMISSION EXPIRES May 24. 1983 NOTARY PUBLIC WITNESS M NO SEAL �•+ '�• NOTARY Julie Ann Jennens :: : z: : y • 4.or CO' PLANNING COMMISSION CERTIFICATION THIS IS TO CERTIFY THAT THE WELD COUNTY PLANNING COMMISSION HAS APPROVED. CERTIFIED, AND DOES HEREBY RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY. COLORADO, FOR THEIR CONFIRMATION. APPROVAL AND ADOPTION, THIS EXTRACTION PLAN. CHAIRMAN WELD COUNTY PLANNING COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION THIS IS TO CERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS. WELD COUNTY, COLORADO. DOES HEREBY CONFIRM. APPROVE AND ADOPT THIS EXTRACTION PLAN. cHaMljMfW ATTEST: COUNTY CLERK BY. RECORDED: DATE COUNTY RECORDER • The Department of Planning Services had made the following revisions in the Staff Comments for Special Use Permit 411 :80: 1 from Tucker Construction Company as follows : Add Condition #5. The plat shall be amended to identify the following prior to recordation of the plat : (a) Mining Units 4 and 5 on the Special Use Permit Area (b) the access to the Interstate 25 Frontage Road as the only access to be used for the gravel operation in the NW,i Section 17, T11N, R67W. Additions to the Operations Standards. Number 1 shall be amended as follows: The uses permitted on the hereon described parcel shall be an open pit mine for sand and gravel extraction which shall limited to Mining Units 1, 2, 3,4 and 5 for a 220 acres as shown on the Extraction Plan and described in detail in the Special Use Permit application by Impact Environmental Scientists and Engineers. If at any time the operation expands beyond Mining Units 1, 2, 3, 4 and 5 the operation shall apple for an amendment to the Special Use 'Permit . The uses permitted on the hereon described parcel shall also be all uses permitted by right under Section 3. 3B of the Weld County Zoning Resolution. Number 2 shall be the same except that the last line shall be deleted. No excavation or processing of sand acid gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement to the owner or owners of such adjacent property consent to a lesser distance. Number 10 shall be amended to read as follows : All accesses shall have the approval of the Weld County Engineering Department and/or the Colorado Division of Highways. All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County /Engineering Department and/or the Colorado Division of Highways. There shall be only one access to the Interstate 25 Frontage Road in the NWi Section 17, T11N, R67W. Number 14 shall be amended to read as follows Any temporary structures should be located a safe distance above any natural-flow path of significant nature. Number 15 shall be amended to read as follows: A gravel plant for crushing, sizing and washing may be allowed on site. Add Operations Standard #18 as suggested by the applicant : The owner and /or operator shall submit to the Weld County Planning Department copies of any technical revisions, amendments, or annual reports submitted under the terms of the permit conditions for the Colorado Mindd Land Reclamation • Board. Comments 1. The applicant has requested an extension of operating hours to include two shifts. The Department of Planning Services staff has no problems with this request but suggests the Planning Commission consider the actual time limitations. 2. The applicant has requested clarification of the terms used in Operations Standards # 11, 12, 13, and 14 regarding flood hazard mitigation. The Colorado Water Conservation Board has suggested that the applicant either define the flood boundaries or comply with the proposed Weld County Flood Hazard Regulations as an alternative to thosD Operation Standards. 3. The applicant has requested that references to use of Weld County roads be eliminated as the applicant does not intend to utilize Weld County roads. It is the opinion of the Department of Planning Services staff that the applicant should submit a letter to that effect , prior to any change in the recommended Operations Standards. The letter may, if the Planning Commission feels it appropriate, state that a plan for maintenance of any county roads be submitted to and approved by the Board of County Commissioners prior to any use of Weld County roads. 4. We have received a letter from a surrounding property owner, regarding this special use permit . Copies are attached. BEFORE WELD COUNTY, COLORADO PLANNING uuMMISSION RESOLU-IIDN OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date February 19, 1980 Case No. SUP# 411 : 80 : 1 APPLICATION OF Tucker Construction Company ADDRESS 4563 East County Road 68, Wellington, CO 80549 Moved by Don Billings that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commis ion that the appli- cation for site approval of �n Cut Mine Permit for sand covering —and-Or 1. the following described property ireid County, Colrdo, to-wit: Tabled to 3/4/80 be rkeAP X ' WMl CWa NWIX yt XACNWOC R e PWRC M for the following reasons: In order to obtain a responsivle legal decision as to whether the Planning Commission has the authority to consider the matter as it regards the water situation and if so, that a representative from the State Engineer' s Office be at the meeting or get a detailed letter more description than the one previously referred to. Also that proper surrounding property owners be notified. Motion seconded by Fred Otis Vote: For Passage Bette Kountz Against Passage Jerry Kiefer Frank Suckla Fred Otis Bob Ehrlich Don Billings Chuck Carlson The Chairman declared the Resolution passed and ordered that a certi`ied cep , be forwarded with the file of this case to the Board of County Commi >sioners for further proceedings. CER-;Il ICATIDi OF COPY I, Shirley A. Phillips , P 'ko inl Secretary of the Weld County Plannino Commission, do h:=reby col► t i fy Lri 1 :.hr above and foregoing Resolution is a true copy of the Resolution of the Pl +rainy Commission of Weld County, Colc - ado, adopted on February 19, 1980 and rocorded in Boob No, VII o' the proceedings innDUI?ni?` Sr „t, I .� ► ' Ile 25 do/ of February , 19 80 Tucker Construction Company SUP-411 : 80 : 1 PLANNING COMMISSION RECOMMENDATION March 4, 1980 protection of the health, safety, and welfare of the inhabitants of the area and the County. This determination is based in part upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission recommendation is conditional upon the following: 1. The attached Operations Standards (as modified from the proposed Operations Standards outlined in Section 6. 1 (3) E. regarding open mining) being recommended and approved for this request. 2. The mining plan map being amended to show the Operations Standards on the plat prior to recording the maps in the Weld County Clerk and Recorder' s Office. 3. The following note being placed on the Special Use Permit plat: Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards 4. The applicant submitting the following information and/or materials prior to the hearing before the Board of County Commissioners : a. A program for maintenance and/or upgrading of the highway frontage road and any county roads which are used to haul gravel which shall be accepted by the Board of County Commissioners. This program shall be reviewed by the Weld County Engineering Department and Colorado Division of Highways prior to the Board of County Commissioners hearing. The applicant has requested that references to use of Weld County roads be eliminated as the applicant does not intend to utilize Weld County roads. It is the opinion of the Planning Commission that the applicant should submit a letter to that effect, prior to any change in the recommended Operations Standards . The letter may, if the Board feels it appropriate, state that a plan for maintenance of any county roads be submitted to and approved by the Board of County Commissioners prior to any use of Weld County roads. Tucker Construction Company SUP-411 :80 : 1 PLANNING COMMISSION RECOMMENDATION March 4, 1980 b_ Design plans for construction and operation of the proposed dam and pond which shall be reviewed for flood and engineering hazards by the Weld County Department of Engineering, Soil Conservation Service, State Division of Water Resources, and Colorado Water Conservation Board. 5. The plat shall be amended to identify the following prior to recordation of the plat : (a) Mining Units 4 and 5 on the Special Use Permit area (b) The access to the Interstate 25 frontage road as the only access to be used for the gravel operation in the NW4, Section 17, T11N, R67W The Planning Commission recommendation further suggests that any additional recommendation of the applicant ' s proposed Operation Standards be reviewed by the staff for consideration by the Board as possible amendments to the standards. Tucker Construction Company Open Cut Mining-Sand and Gravel OPERATIONS STANDARDS 1. The uses permitted on the hereon described parcel shall be an open pit mine for sand and gravel extraction which shall be limited to Mining Units 1 , 2 , 3, 4 and 5 for 220 acres as shown on,'the Extraction Plan and described in detail in the Special Use Permit application by Impact Environmental Scientists and Engineers. If at any time the operation expands beyond Mining Units 1 , 2 , 3, 4 and 5 the operation shall apply for an amendment to the Special Use Permit. The uses permitted on the hereon described parcel shall also be all uses permitted by right under Section 3. 3B of the Weld County Zoning Resolution. 2. No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement the owner or owners of such adjacent property consent to a lesser distance. 3. All sand and gravel operations may be conducted 24 hours a day as long as state regulations regarding noise limitations are not exceeded. If at any time the operation is in violation of state noise regulations , all sand and gravel operations shall only be conducted during the hours of daylight except in the case of public or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property.' 4. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 5. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 6. All access roads from sand and gravel operations to public highways, roads, or streets, or to adjoining residential structures shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one-fourth mile of the public highway, road, street, or adjoining residential structure. 7. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 8. Insurance - The operator shall furnish evidence he is insured to the extent of not less than $100, 000. 00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 9 . All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. 10. All accesses shall have the approval of the Weld County Engineering Department and/or the Colorado Division of Highways. All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department and/or the Colorado Division of Highways. There shall be only one access to the Interstate 25 Frontage Road in the NW4, Section 17, T11N, R67W. 11. Any operations of the gravel pit should not obstruct the passage of the 100-year flood flows , or the peak of record if no 100-year flow is determined, to the point that it has any adverse effects on others. 12 . Fuel tanks, septic tanks , and other items that might wash away during flooding and create "hazards to public health" should be securely anchored and adequately floodproofed to avoid creation of this type of a hazard. 13 . The small dams should be designed to requirements of the office of the State Engineer and either removed or maintained in a safe manner following completion of mining. 14 . Any temporary structures should be located a safe distance above any natural-flow path of significant nature. 15. A gravel plant for crushing, sizing and washing may be allowed on site. 16. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operations Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operations Standards shall be permitted. Any other changes from the plans and/or Operations Standards shall be filed in the office of the Department of Planning Services. 17 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operations Standards. Noncompliance with any of the above stated Operations Standards shall be reason for revocation of the Special Use Permit by the Board of County Commissioners . 18. The owner and/or operator shall submit to the Weld County Planning Department copies of any technical revisions , amendments, or annual reports submitted under the terms of the permit conditions for the Colorado Mined Land Reclamation Board. LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN T11N, R67W WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS SEC 17 ALL (EXCEPT .229a AT&T IN SW; SW:), SEC 20 PI:NE:. /JQ�� I4' �9� /g0 SURVEYOR'S CERTIFICATION I, RICHARD A. RUTHERFORD, A REGISTERED COLORADO LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE MADE THE SURVEY BY THIS PLAT, THAT THIS MAP ACCURATELY REPRESENTS SAID SURVEY AND THAT ALL MONUMENTS EXIST /AjS SHOWN HEREON ,O A,'hUljj(q,, /✓..L_. / LT / �YV� •�15 Tt '`Oa, Vl�t„�'"�ll 5028 RICHARD A. RUTHERFORD P.E. & L.S. 5028 CERTIFICATE OF RESPONSIBILITY I, THE UNDERSIGNED RESPONSIBLE APPLICANT. DO HEREBY AGREE TO THE SPECIFIC EXTRACTION STANDARDS DESCRIBED HEREON. SIGNATURE Cc.,-46<—DATE January 9, 19RO THE FOREGOING SIGNATURE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF January 9 A.D , 19 80. MY COMMISSION EXPIRES May 24, 1983 NOTARY PUBLIC WITNESS M HA1 NO SEAL � U" je.. Julie Ann Jennens ! *OUR), f. If , Or co'- PLANNING COMMISSION CERTIFICATION THIS IS TO CERTIFY THAT THE WELD COUNTY PLANNING COMMISSION HAS APPROVED, CERTIFIED. AND DOES HEREBY RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS. WELD COUNTY, COLORADO, FOR THEIR CONFIRMATION, APPROVAL AND ADOPTION, THIS EXTRACTION PLAN. CHAIRMAN WELD COUNTY PLANNING COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION THIS IS TO CERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO, DOES HEREBY CONFIRM, APPROVE AND ADOPT THIS EXTRACTION PLAN. cHAIQmA,U ATTEST COUNTY CLERK BY RECORDED. DATE COUNTY RECORDER o The Weld County Plan ig Commission held a regu ly scheduled meeting on March 4, 1980, in ,.ie Weld County Centennial _tenter County Commissioners Hearing Room, first floor, 915 10th Street, Greeley, Colorado Roll Call was as follows : Chuck Carlson Present Bob Ehrlich Present Fred Otis Present Jerry Kiefer Present Bette Kountz Present Frank Suckla Present Irma White Absent Don Billings Absent Also present were: Tom Honn, Zoning Administrator Russ Anson, Assistant County Attorney As a quorum was present Chairman Called the meeting to order and called for a motion to approve the minutes as submitted. fir. Otis pointed out two typographical errors on Page 2 of the Tucker Special Use Permit request. that should be corrected and then made a motion to approve the minutes as corrected. His motion was seconded by Jerry Kiefer. All present cast a unanimous vote to approve the minutes as corrected. Continuation of public hearing to consider proposed amendments to the Weld County Zoning Resolution, Supplementary Regulations Concerning Geologic Hazards and Floodplains and the adoption of regulations pertaining to the Flood Hazard Overlay District and the Flood Hazard Overlay District Development Permit. Tape 12 - Side 1 DISCUSSION: Allen Jost, Senior Planner for the Department of Planning Services, stated that several corrections have been made in Section 53, but does not affect the meaning of the section. At the last Planning Commission meeting Mr. Billings was concerned about the lowest floor elevation definition. Allen has since discussed this with Mr. Billings and he is now satisfied with its definition in the proposed zoning ordinance. Allen then commented that the Colorado Water Conversation Board has made a recommendation to the Board that they put the wording that the County Attorney feels is necessary in order to adopt the Overlay Zone District in the Board' s resolution. Action will be taken on this matter on March 17, 1980. He also stated that maps will be presented at the next Planning Commission meeting to be used in coordination with the text of the Ordinance. The Planning Staff' s recommendation for approval of the proposed amendments was then read into the record by Allen. There being no further discussion, Chairman Carlson called for a motion to approve the proposed amendments to the Weld County Zoning Resolution. MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the Planning Staff' s recommendation. Motion by Jerry Kiefer, seconded by Frank Suckla. A vote of "aye" was cast by Bob Ehrlich, Fred Otis, Jerry Kiefer, Frank Suckla, Bette Kountz and Chuck Carlson. Motion carried. / Planning Commission L-,mutes Page 2 March 4, 1980 APPLICANT: Col-Cal Properties, Ltd. Tape 12 - Side 1 CASE NUMBER: Z-330 : 80 : 1 SUBJECT: Change of Zone from "B" Business to "E" Estate Zone District APPLICANT: Col-Cal Properties, Ltd. - CASE NUMBER: Z-331 : 80 :2 SUBJECT: Change of Zone from "E" Estate Zone District to "B" Business Zone District LOCATION: Southwest corner of the intersection of 47th Avenue on U.S . 34 Bypass LEGAL DESCRIPTION: Pt. NW4, Section 23, T5N, R66W APPEARANCE: Tom Houtchens, Attorney DISCUSSION: Mr. Houtchens stated that the purpose of these requests is to basically change the configuration of the property from a rectangular shape to an irregular shape to provide for future right-of-way for the Highway Department. Discussion followed regarding zoning over the top of the canal on the property. MOTION: (Z-330 and Z-331) : Be it therefore resolved to recommend approval with the conditions as stated to the Board of County Commissioners based on the Planning Staff ' s recommendation. Motion by Jerry Kiefer, seconded by Bette Kountz. A vote of "aye" was cast by Bob Ehrlich, n, Fred Otis, Jerry Kiefer, Frank Suckla, Bette Kountz , and Chuck Carlson. Motion carried. APPLICANT: Tucker Construction Company Tape 12 - Side 2 CASE NUMBER: SUP-411 :80 : 1 Tape 13 - Side 1 SUBJECT: Open Cut Mining Permit - Sand and Gravel LEGAL DESCRIPTION: Pt. Section 17 and the N! NE4, Section 20, T11N, R67W LOCATION: 1% miles northwest of Carr APPEARANCE: Walker Miller DISCUSSION: This request was tabled from the February 19, 1980, Planning Commission meeting. Mr. Miller briefly overviewed the request and then explained the water situation and what impacts it would have on surrounding property. He also submitted a petition with 20 signatures of persons in favor the proposed operation. Jim Clark of the Division of Water Resources also clarified their position as regards the request stating that they feel the operation will have no adverse impact to the surrounding property or property owners and that there will be water available for all concerned. There was some discussion regarding seepage from the storage facility as brought up by Mr. Suckla. There was also some discussion regarding the enforcement of the facility. Roger Houtchens had several questions of the applicant regarding the Operations Standards. Russ Anson responded to Bob Ehrlich' s questions regarding water consideration. The staff discussed additions to comments previously read into the February 24 meeting and staff comments. Mr. Kiefer made to motion to eliminate Operation Standard #3, but his motion died for lack of a second. Mr. Ehrlich then made a motion to amend Operation Standard #3 to read: "No limit on hours except if noise standards cannot be met. Daylight hours are required. His motion was seconded by Bette Kountz. The motion was clarified by Jerry Kiefer prior to the second by Mrs. Kountz. All present with the exception of Fred Otis who voted "no" cast an "aye" vote to amend the Development Standard. Discussion followed ' Planning Commission Lutes Page 3 March 4 , 1980 between the Board members and Mr. Walker regarding Operation Standards #4 and 45. MOTION: Be it therefore resolved to recommend approval for the reasons and conditions as stated by the staff as amended. Any additional recommendations of applicant' s Operation Standards to be considered by the staff for consideration by the Board of County Commissioners as a possible amendment. This request to be forwarded to the Board of County Commissioners. Motion by Jerry Kiefer, seconded by Frank Suckla. A vote of "aye" was cast by Bob Ehrlich, Fred Otis, Jerry Kiefer, Frank Suckla and Bette Kountz. A "no" vote was cast by Chuck Carlson. Tape 13-Side 2 Tape 14-Side 1 Consider Service Plan for the Formation of Left Hand Water District APPEARANCE: Dave Coleson, Manager of Left Hand Water District and Jim Honaker DISCUSSION: Mr. Honaker presented background information of Left Hand and reasons for converting to district status. Mr. Ehrlich raised questions as to uniqueness of request and required process. Mr. Honaker reviewed statutory conditions and response. General discussion of history and issues followed by Planning Commission members. • MOTION: Be it therefore resolved to recommend approval of the service Plan as presented to the Board of County Commission the service plan as submitted. Motion by Frank Suckla, seconded by Jerry Kiefer. A vote of "aye" was cast by Bob Ehrlich, Jerry Kiefer, Frank Suckla, Bette Kountz, and Chuck Carlson. Motion carried. APPLICANT: Alvin and Mildred Freemyer Tape 14 - Side 1 CASE NUMBER: Z-332 :80 : 3 SUBJECT: Change of Zone from "A" Agricultural Zone District to "B" Business Zone District LEGAL DESCRIPTION: Lots 11, 12 , 13, Block 7, Town of Briggsdale LOCATION: 225 Main Street, Briggsdale APPEARANCE: Mildred Freemyer DISCUSSION: Mrs. Freemyer stated they wish to have a grocery store in an existing building. The building was previously used as a business , but in recent years has been used as a home. The part of the building they would like to use as a grocery store has been used for storage purposes. Some discussion followed regarding whether or not the zoning was faulty. - MOTION: Be it therefore resolved to recommend approval based on the Planning Staff' s recommendation to the Board of County Commissioners. Motion by Fred Otis, seconded by Jerry Kiefer. A vote of "aye" was cast by Bob Ehrlich, Fred Otis, Jerry Kiefer, Frank Suckla, Bette Kountz and Chuck Carlson. Motion carried. There being no further business, the meeting was adjourned. Respectfully submitted, Shirley A.hillips Planning Commission Secretary I The Weld County Planning Commission held a regularly scheduled meeting on February 14 , 1980, in the Weld County Centennial Center County Commissioners Hearing Room, first floor, 915 10th Street, Greeley, Colorado. Roll Call was as follows : Chuck Carlson Present Bob Ehrlich Present Fred Otis Present Jerry Kiefer Present Bette Kountz Present Don Billings Present Frank Suckla Present Irma White Absent Also present were: Tom Honn, Zoning Administrator Russ Anson, Assistant County Attorney As a quorum was present, the meeting was called to order by Chairman Carlson . He asked if there were any corrections or additions to the February 5, 1980, meeting minutes. Hearing none, he called for a motion to accept the minutes as presented. Bette Kountz made a motion to accept them as submitted. Her motion was seconded by Jerry Kiefer. A unanimous vote was cast by all to accept the minutes as submitted. APPLICANT: Sharon Pickrell Tape 10 - Side 2 CASE NUMBER: CUP-53 :80 : 1 SUBJECT: Cutting, Splitting, Storage and Sale of Firewood LEGAL DESCRIPTION: Pt. S% SW%, Section 14, T6N, R66W LOCATION: 16277 Highway 392, 2% miles west of Lucerne, north side of Highway 392 APPEARANCE : Sharon Pickrell DISCUSSION: Ms . Pickrell stated that this wood would be obtained from private property near Red Feathers Lakes. There is approximately 1 , 000 cords of wood on the property presently. The cutting and splitting of the wood will be done on her property and most of the wood will be delivered. One other person will be helping her with the operation with the possibility of part-time workers later on. She also stated that she hopes to obtain a buzz saw which would cut down some of the noise of the operation. John Hall of the Weld County Health Department stated that a noise reading was taken on the property and is slightly above that required by State Statute. Discussion followed regarding the hours of the operation as presented in the Development Standards. Ms : Pickrell stated she would have no objection to an amendment to the Development Standards for the operation to run until 7: 00 p.m. A motion was made by Jerry Kiefer and seconded by Bette Kountz to amend the Development Standard for the operation to run until 7 : 00 p.m. A unanimous vote was cast by all members to approve the amendment. Discussion followed regarding the construction of a fence on the site. Ms . Pickrell asked if there was a possibility that construction of the fence could be extended from 90 days to 120 days . It was generally- felt that the fence could be constructed within a reasonable amount of time and 120 days would pose no problem. A motion was made by Jerry Kiefer, seconded by Frank Suckla to amend the Development Standard to extend construction of the fence to 120 days . A unanimous vote was cast by all members to approve this amendment. MOTION: Be it therefore resolved to recommend approval with the Development Standards and amendments based on the Planning Staff ' s recommendation to the Board of County Commissioners. Motion by Jerry w ' Planning Commission N cites Page 2 February 19, 1980 Kiefer, seconded by Bette Kountz. A vote of "aye" was cast by Bette Kountz, Frank Suckla, Jerry Kiefer, Bob Ehrlich, Don Billings, and Chuck Carlson. A "no" vote was cast by Fred Otis. He stated he had no objection to the operation itself, but feels the hours of the operation should be limited to 5 : 00 p.m. instead of 7 : 00 p.m. It would give adequate time to do that kind of work and would be less painful for the people in the neighborhood. Motion carried for approval. APPLICANT: Tucker Construction Company Tape 10 - Side 2 CASE NUMBER: SUP-411 : 80 : 1 Tape 11 - Sides 1 and 2 SUBJECT: Open Cut Mining Permit for Sand and Gravel LEGAL DESCRIPTION: Pt. Section 17 and the N% NE%, Sec. 20 , T11N, R67W LOCATION: 1% miles northwest of Carr APPEARANCE: Steve Schermerhorn DISCUSSION: Mr. Schermerhorn, by use of a map presentation, showed the general location of the proposed gravel operation and stated that this property is presently under lease involving approximtely 220 acres. Terry Grazing has leased the gravel rights to the applicant. Mining of the gravel will actually involved approximately acres . He also discussed access to the site. There are approximately 15, 400 cubic yards per acre of gravel or 2, 800 tons per acre. Mr. Schermerhorn also discusse the water to be used from the Fox Hills. A great deal of discussion followed regarding the water to be used for the operation and water rights on the property. Mr. Schermerhorn stated it is anticipated the Fox Hills will yield approximately 2/10 of an acre foot per year. Roger Houtchens representing his clients Lazy D Grazing Association asked several question of concern on behalf of his clients regarding the operation. Tom Honn then read the Planning Staff ' s recommendation for approval with an additio to to the conditions of the recommendation that the plat be amended to show the access as recommended by the County Engineering Department. Tom also stated that there is a discrepancy of the submitted materials regarding where the exact mining of the operation would be. This matter was brought to the attention of the Planning Staff earlier. The staff understood it was for 40 acres (Units 1-3) instead of the 220 acres. The felt that perhaps referral agencies, surrounding property owners, etc may not be aware of this situation and wanted the Planning Commission to be aware of what had occurred. Discussion followed in this regard. Chairman Carlson then asked for any audience participation regarding the request. At this time Les Bolter and Richard Gardner stated they see no problem with the request and do not entirely understand the concern for the water when they feel they have adequate water. MOTION: Be it therefore resolved to table the request to the March 4, 1980 Planning Commission meeting in order to obtain a responsive legal decision as to whether the Planning Commission has the authority to consider the matter as it regards the water situation and if so, they would request that a representative from the State Engineer' s Office be at the meeting or that they get a detailed letter more descriptive than th one previously referred to. Also that proper surrounding property owners be notified. Motion by Don Billings, seconded by Otis. A vote of "aye" waT I i lip /Planning Commission Mj tes Page 3 February 19, 1980 I C\ , cast by Bette Kountz, Frank Suckla, Bob Ehrlich and Chuck Carlson. "No" votes were cast by Jerry Kiefer, Fred Otis and Don Billings. Motion carried to table the request. APPLICANT: Scott Realty Mortgage Company, et al CASE NUMBER: N/A SUBJECT: Unit Development/Residential Zone District-Hiland Knolls Subd. LEGAL DESCRIPTION: Pt. SW4, Section 10, T5N, R66W LOCATION: West of Aims College, 59th Avenue at 18th Street APPEARANCE: Carrell Deacon DISCUSSION: Mr. Deacon stated that they are requesting that the side- yard setbacks be reduced from 10 ' to 5 ' to conform with the City of Greeley regulations. He stated they are requesting this because some of the lots are 65 ' wide and some of the houses to be built take up 50-55 ' . This property is anticipated to be annexed to the City this year. Mr. Otis requested that the recommendation of the Staff be incor- porated into the minutes of the meeting along with the Memorandum of Standards. He made this request in the form of a motion. His motion was seconded by Mr. Kiefer. All present cast a vote of "aye" to incorporate the staff' s recommendation. MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the Planning Staff' s recommendation and incorporating the Memorandum of Standards. Motion by Fred Otis, seconded by Jerry Kiefer. A vote of "aye" was cast by Bette Kountz, Frank Suckla, Jerry Kiefer, Fred Otis , Don Billings, Bob Ehrlich, and Chuck Carlson. Discussion regarding proposed amendments to the Weld County Zoning Resolution followed as presented by Allen Jost of the Planning Department concerning Geologic Hazards and Floodplains and the adoption of regulations pertaining to the Flood Hazard Overlay District and the Flood Hazard Overlay District Development Permit. The discussion involved Section 53 concerning floodplains and Section 25 regarding the Flood Hazard Overlay District Development Permit and questions pertaining to such. Allen stated that he would request the Planning Commission table this request until the next meeting as he will be meeting with the Attorney General, Colo. Water Conservation Board and the Federal Insurance Administration to discuss regulating Zone A or the areas of approximately floodplain studies this week. MOTION: Be it therefore resolved to recommend tabling the request to the March 4, 1980 Planning Commission meeting. Motion by Jerry Kiefer, seconded by Frank Suckla. All present cast a unanimous vote of "aye" to continue the request. There being no further business, the meeting was adjourned. Respectfully submitted, c ‘ � Shirley A. Phi lips Planning Commission Secretary A public hearing was conducted on March 12 , 1980 at 2: 00 P.M. , with the following present: BILL KIRBY CHAIRMAN LEONARD ROE COMMISSIONER NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM HONK The following business was transacted: I hereby certify that pursuant to a notice dated February 4, 1980 and duly published February 7, 1980 and February 28 , 1980 in the Platteville Herald a public hearing was held on the request of TUCKER CONSTRUCTION COMPANY for a SPECIAL USE PERMIT, OPEN CUT MINE, SAND & GRAVEL. Mr. Anson made the record and informed the Board that notice has not been mailed to the adjacent landowners of this hearing. Mr. Anson reminded the Board that there are no statutory requirements nor' zoning requirements to do so. However, it has been a practice of long standing on the Boards part to send said notice. - Walker Miller, attorney for Tucker Construction Co. and Taylor Grazing Assoc. , was present and commented upon his clients position regarding a continuation of todays hearing. Mr. Miller elaborated on the notice that has previously been given the adjacent landowners regarding prior hearings on this request. Mr. Miller stressed the importance of the time frame his clients are working within. Commissioner Steinmark requested a five minute executive session. The Chairman called an executive session. The Chairman reconvened the hearing. Commissioner Steinmark stated that since it is a practive of the Board to notify adjacent landowners she would move to continue this hearing until Monday March 17, 1930 at 10: 00 AM and directed that ,all adjacent landowners be nofifyed by telephone of said hearing. Commissioner Roe seconded the motion and it carried unanimously. Mr. Walker concurred with said time and date and thanked the Board for their cooperation pursuant to his clients time frame. During the hearing for DOC ';80-12, Geological Hazards and Floodplains, Mr. Anson informed the Board that the Tucker representatives could not not be present at 10: 00 AM on March 17, 1930 and requested the time be changed to 9 : 00 AM on the same date. Commissioner Steinmark made a motion to amend the previous motion regarding the continuation of the Tucker Construction Co. hearing, now set for Monday March 17, 1930 at 10: 00 AM, to be held at 9 : 00 AM on the same date. Commissionr Dunbar seconded the motion and it carried unanimously. ATTEST: � C�,cL^v�1 �_.��' /6, �,3(iL CHAIRPA WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS AND CLERK TO THE BOA BY: . Deputy County Clerk L/ DOCKET ',` 80-6 TAPE 80-19 LHR 2008 A T --T E N D A N C E R E C D P1 APPLICANT : Le eeG - eea TIME : 9/ DOCKET// 0-4 if DATE : REQUEST : C%RO/Z it /Z /9Xs o, 4 a? Cee NAME I ADDRESS r .t> v . vtge {� J L60) a� Q/mil i / / , _ &0 AI'M, I (:ANT : TUCKER CONST] 'ION 'I' I PII: : !:00 P.M. I)OC I?'I'1180-6 DATE : MARCH 12, 1980 It 1: )I I I::;'I' : SUP - Open Cut Mine NAME l ADDRESS --- ------- -- --------- --- --- --- - - ---- %A/ 1:16. _ _ L , • -- - -- - - -- ----- -- -- -- - -- - _ - -- - - --------- ------- ------ /9_41.)-(-104(3 ?rU - `c 7 ci/C - �� 112 Permit Application Amendment No. 1 MLRB File No. 80-2 October, 1980 By Impact Environmental Consultants, Ltd. WM COUNTY CIPASINSII 1409 Larimer Square X11 Denver, Colorado 80202 � , Nov 2 5 1980 GREELEY, COJ:a STATUS OF EXHIBITS Application Form No change EXHIBIT A No change EXHIBIT B No change Adjacent Property Owners No change Exhibit C-1 No change Exhibit C-2 Modification attached EXHIBIT D Mining Plan The applicant proposes to conduct an open pit aggregate operation in the area shown in Exhibit C-2 revised. The mining method remains unchanged and will consist of stripping of topsoil and overburden (estimated thickness 0-18 inches) followed by bulldozer pushing and loader transport or loading with scraper or truck transport to an on-site sizing and/or washing plant. The aggregate will then be loaded in over the road trucks for weighing and transport to various locations primarily related to the Rawhide Power project. The mining areas and direction of advance of mining are indicated on the revised mining plan map. The extent of the aggregate deposit is indicated on the pre-mining map by the shaded area derived from the Colorado Geological Survey Special Publication 5-A, Sand, Gravel, and Quarry Aggregate Resources, Colorado Front Range Counties. In the initial phases of the mine as the topsoil and overburden are stripped they will be stockpiled and stabilized for later use in the reclamation program. Stockpile areas are indicated on the mining plan map. As the mining progresses the topsoil and overburden will be redistributed upon mined out areas in an over the shoulder operation. Current mine phasing has been developed based on received and anticipated contracts through 1981. These contracts are substantially different than those assumed when the original 112 application was filed. Anticipated production schedules for materials are included in the following table. An average mining volume has been established at 50,000 tons per month. As indicated in the original application mine production could reach a maximum of 5,000 tons per day. The principal items of mining equipment remain essentially unchanged: Scrapers will be used for topsoil and overburden removal and for medium distance transport of aggregate, dozers for aggregate pushing, front end loaders for short transport of aggregate and for loading scrapers, and trucks and over the road trucks for delivery to off site projects. A water truck will be employed as appropriate for dust abatement, a grader for road maintenance and other miscellaneous service, fuel and utility type vehicles for transport of materials. The amendment calls for water to be diverted in a ditch around unit 4 to minimize buildup of moisture in the aggregate which has caused some difficulty meeting specifications for concrete aggregate in the initial phases of the mining program. The sedimentation ponds were moved to a portion of the previously mined flat terrain south of the plant site from the bed of Lone Tree Creek in a recent Technical Revision (October 1980). The average thickness of the aggregate and the overburden is indicated by the test pit information included in the original 112 application. The pit numbers correspond to locations on the premining map. The aggregate is described in the Colorado Geological Survey Document cited above in the section on Geology. The mining plan from the map has been based on the assumption that the aggregate weight is 3,000 pounds ,per cubic yard. This has been increased slightly from the original application based on its moisture content. Mining unit 1 is currently being mined to satisfy contracts for C-33 concrete sand, 3 inch minus rip rap, and class 2 filter rock. Unit 2 is to be mined between now and the end of 1980 primarily for class 6 roadbase. Mining unit 3 is currently covered with sand previously generated by another operation and will be mined by the end of 1980 if the stockpiled sand can be marketed. The mining of unit 3 may supplement any of the materials contracts currently anticipated. The mining of unit 4 is to begin subsequent to the approval of this amendment. It will move from north to south in segments currently indicated as 150,000 ton increments. The projected schedule for 1980-81 shown semi- annually indicates an approximate mining volume of 50,000 tons per month. In the initial stages of the mining of unit 4 a haul road will be necessary south through the center of the unit to the existing plant site. Unit 4 will be reclaimed in an over the shoulder manner as the mining moves southward. Nominal pit depth will be 15 feet. General equipment and man power profiles have not changed substantially from those proposed in the original 112 permit. ANTICIPATED PR0DUCTI0N* (1,000 Tons) 1981 Product 1980 First Half Second Half C-33 Sand 40 110 50 Class 4 Road Base 85 100 60 3 Inch Minus Rip Rap 10 40 -- Class 2 Filter rock 10 40 -- Concrete Aggregate -- 10 10 Miscellaneous 5 50 50 * Based on actual contracts to date excepting "miscellaneous". 1981 AFFECTED ACREAGE TABLE Disturbance' Designation Acreage Category Mining Unit 1 17.01 Moderate Mining Unit 2 18.26 Moderate Mining Unit 3 8.70 Moderate Mining Unit 4 48.84 Moderate Stockpiles 1.16 Moderate 1981 Plant Areal 22.56 Minor Roads 7.58 Minor Shop and Scale Area 6.00 Minor 'Moderate requires grading, topsoiling, and seeding. Minor requires seedbed preparation and seeding only. 'Includes stockpiles, loadout, parking lot, and settling basins. EXHIBIT E Reclamation Plan The conditions of the reclamation plan were substantially altered during negotiations between the submittal of the 112 application and its approval . Those conditions concluded in the following: No slopes steeper than 2 to 1 will remain after reclamation. Slope information is contained in the two-foot contour postmining reclamation map; Exhibit F. All available topsoil and overburden appropriate as growth media will be replaced during reclamation. A nominal depth of at least 6 inches will be sought subject to material availability. The horseshoe shaped settling ponds south of the plant site will be reclaimed after the operation is completed. Grading will be minimal as containment berms are quite low. Seeding on road side embankments and other perimeter areas of the mine will be completed in the fall of 1980 to minimize erosion. All compacted areas which are not to be left in place at the request of the landowner will be ripped to a depth of 6 to 8 inches before the preparing the seedbed. The seedbed will be prepared by discing and harrowing or as appropriate. The seeding application of preference will be drilling, although the Soil Conservation Service has indicated that either broadcasting or drilling would be appropriate. Mulching will be included as part of the reclamation seeding plan. The Terry Grazing Association will be asked not to run cattle on the reclaimed areas of Section 17 or Section 20 until the ground cover has reestablished itself and the bond has been released. The final seed mixture was determined to be: Seeding Mixture Species Pounds Per Acre Blue Grama 1 Buffalo Grass 3 Side Oats Grama 5 Virtually no trees or shrubs exist on the site and no planting of trees or shrubs is planned. No water is available for irrigation and no fertilization of the soil is anticipated based on soil test results received from Colorado State University. EXHIBIT F Revision Attached EXHIBIT G Water Resources Water is currently over allocated in the area of the project. Water requirements for the project include those for potable and sanitary water and those for a gravel washing plant. Meteoric waters ultimately drain into the Platte River, the general drainage direction of the area was shown on the pre-mining map. The drainage in the immediate vicinity of the mine known as Lone Tree Creek is ephemeral in nature. Potable and sanitary water requirements are expected to be satisfied by portable sanitation facilities and imported potable water. Domestic well facilities are available on-site with appropriate conversion from stock water. Tucker Aggregate has obtained a non-tributary water supply well permit for the pumping of a substantial quantity of water from the Fox Hills formation. That permit was granted by the State Engineers office more than eight months subsequent to initial filing. Water to be used in the wash plant and that required for fugitive dust control are being obtained under the conditions of a distinct water engineer approved augmentation plan and from reservoir rights obtained from upstream right holders. The replacement plan for water unable to be obtained from the reservoir rights will be from the Fox Hills formation water which transfers with the property. A water plan was filed with and approved by the State Engineers office. STATUS OF EXHIBITS EXHIBIT H No Change EXHIBIT I No Change EXHIBIT J No Change EXHIBIT K No Change EXHIBIT L With regard to establishment of the bond a maximum of 50,000 cubic yards of topsoil will be stored at any one time. Replacement cost for that topsoil was set at $15,000. Units 1 and 2 should be ready for seeding by the late spring of 1981 with unit 3 to follow closely thereafter. However, since the seed mixture is a cold weather one, seeding is not contemplated until October 1981 unless the mixture is changed. By mid 1981 ten acres of unit 4 should have been mined as well. Seeding of units 1, 2, 3 and the north ten acres of unit 4 will be tentatively scheduled for October of 1981. Approximately 70 acres will remain for seedbed preparation as mining moves to unit 4 - a worst case condition - at $110 per acre or $7,700. Twenty additional acres could remain to be seeded by the fall of 1981 at a cost of $120 per acre and mulched at a cost of $430 per acre or approximately $49,500. The bond should be appropriately established at about $72,200 until mining units 1, 2 and 3 are seeded and show signs of vegetation establishment. EXHIBIT M Local Government Approval Weld County approved a Special Use Permit for the mining of this property on March 17, 1980. EXHIBIT N Other Permits & Licenses The Colorado Department of Health has granted a fugitive dust permit. A zero discharge NPDES permit was requested and fortunately is not required. It has not yet surfaced in the Colorado Department of Health since the original application. EXHIBIT 0 No change EXHIBIT P No change Tucker Construction Company Surface Aggregate Mine Special Use Permit Application Weld County By Impact Environmental Consultants , Ltd. 1409 Larimer Square Denver, Colorado 80202 January, 1979 Tucker Construction Co. 4563 E County Rd 68—Wellington,Colo 80549 Licensed Bonded&Insured- ANYTHING IN DIRT --General Excavation,Demolition— •Dozing leading,Grading Trenching •Fill Dtr, Sand,Gravel Fertilizer 'Dunlr Trucks,Land Clearing •Dar s an(rHoddBu06Inq 568-3597 568-3917 LEE TUCKER ANS SERV ED TUCKER 493-7373 CONTENTS Introduction Weld County Special Use Application Legal Description Index Map Vicinity Map - T11N, R67W, Weld Co. Adjacent Property Owners to Contiguous Lease Terry Grazing Lease: Adjacent Landowners Map Extraction Plan Extraction Plan Map Affected Acreage Resource Evaluation Program Data Provisional Pit Development Schedule - 1980 Generalized Haulroad Cross-Section Dam & Spillway Sections Soils Soils, Drainage & Test Pits Map Vegetation Reclamation Plan Reclamation Plan Map Soil Conservation Service Letter CSU Soil Evaluations Water Resources Wildlife Climate Other Permits & Licenses Source of Legal Right to Enter Agreement Application for Lease of State Land Certification of Insurance 'Introduction The Tucker Construction Company proposes to extract gravel from a prime deposit near the I-25 and Carr Road interchange in Weld County. Appreciating the concerns expressed in the Weld County Master and Extraction Plans the operation is located near a state frontage road; away from population centers, residential zones and commercial districts; close to the proposed need; and exclusive of prime irrigated farmland. Further, the mineral deposit should not be intrusive to any aquifer according to preliminary testing and is particularly feasible for extraction due to limited overburden and an average stripping ration below 1:8. The project and data used to develop the plan are elaborated on in the following text. Weld County, Colorado SPECIAL USE APPLICATION FOR OPEN CUT MINE PERMIT (gravel pits , etc. ) Department of Planning Services 915 - 10th Street Greeley, CO 80631 PHONE: 356-4000 Ext. 404 For ZONING DEPARTMENT Use Only Case Number: Applicant: PC Hearing Date: CC Hearing Date: Section: Township: North Range: West Zoning District: Acreage Involved : Permit Fee : Receipt Number: Legal Description Approved by , County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved by , Weld County Engineer Recommended Road/Bridge Fee: /Not Required Refer to: 1 ) Date: 2) Date: 3) Date: 4) Date: 5) Date: Application Reviewed by: Zoning Department To be completed by APPLICANT in accordance with Procedural Guide Requirements : 1 . I (we) , the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut aggregate (gravel , coal , borrow pit, etc . ) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: Sec. 17, All (except .229a AT&T in SW4 SW4) , SEC 20, N''-5 NE4; T11N, R67W Weld County, Colorado. Disturbed area to be 220 acres more or less as shown on extraction plan map. TOTAL ACREAGE: 220 2. Surface Owner of area of land described : Name: Terry Grazing Address : 405QW. 20th St?hone: 330-9533 Association Greeley, 80631 3 . Owner of mineral rights to substance to be mined : Name: See 2, above Address : Phone : 4. Source of applicants Legal Right to enter and to mine on the land described : Minerals lease from Terry Grazing Association (Attach Certified Copy of any Document noted to the Back of this Form) 5. Address of a• icant and general office: Applicants address : 4563 E. County Rd. 68 Phone : 568-3597 Wellington, CO 80549 6. Identify any prior permits for open cut mining held by appli - cant or affiliated person: None 7 . Description of Operation a. Types and number of operating and processing equipment to be employed : One or two bulldozers, one or two front end loaders, scraper, one to ten haul trucks, one processing plant for sizing and washing (see application text) b. Maximum number of employees : 20-25 , number of shifts 1 c . Number of stages to be worked: 3 , periods of time each is to be worked: Unit 1: 4/80-9/80; Unit 2: 4/80-12/80; Unit 3: 10/80-12/80 based on tentative contract requirement and weather. d. Thickness of mineral deposit: 9-13 feet, and thickness of the overburden: 0=4 ft e. This will be a - -4/dry pit operation . f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s ) (must be coordinated with County Engineer) : The site will be accessed from the I-25 frontage road approximately 1.2 miles north of the Carr Road interchange. Use of Weld County roads or bridges are not currently contemplated. 8. Decription of Rehabilitation a. Proposed rehabilitation land use(s ) : rangeland b. Source of technical advice for reclamation : Impact Environmental Consultants, SCS, Colorado MLRB, CSU soils laboratory. c . Explanation of Reclamation Process : The area will be recontoured to break abrupt contour changes and to maintain compatibility with the environs. Stockpiled topsoil will be spread to a nominal depth of 4-6" on areas least likely to errode. Blue Grama and Western Wheatgrass will be seeded at a rate of one and eight pounds per acre respectively. I hereby depose and state under the penalties of perjury that all statements , proposals and/or plans submitted with or con- tained within this application are true and correct to the best of my knowledge . COUNTY OF Denver STATE OF Colorado S•i'gna'ture: Owner/Author i zed Agent Subscribed and sworn to before me this 9th day of January 19 8p . SEAL f� T PUBLIC J ie Ann Jennens Legal Description This application covers the following legal subdivisions and respective acreages. T11N, R67W Leased Acreage Sec 17 All (except .229a AT&T in SW1 SW) 639.77 Sec 20 N1/2 NE 4 80 Total 719.77 Index Map • II 110,111 a 25 111Ia,mpr0n Mr MAOASS if,t IIr - . I' Leramte as 4? ' ' 24 130 7t 2• 10 91 Centennial ii • 27 rr • ,e F.IMTII 211 `♦ Hills- • Cheyenne Bum[ Pine Blufls 1. dal[ 30 11 Albany .11 " 8 210 30 ,`•rt,�• ]0 1e 1 r Keystone, ,. • �\ 230 20 9 ' I,`.• 214 .• ''• • 17 e. • • 7 \•Woods Lending Bulord' •• '2 Corwin, rr Tkl Siding 3e a 230 Nimrod( 24 10 -. I WYOMING __ —i1- - COLORADO `T-- to �; Hanford I —T 127 1 •(l lhuerr ' BS i i ' 1 125 `:., ;�- Virgins,pale • • -- , r `L I ' .- i'-' Pnlnee ' s. - Grover l i; ' -,RO�IR/r' - Carr , 0 '_' fy �'1 ` � t/ ' 24 i I 32 I - ',Cowdrey r y' .dierrn -7 20 1 I Nomad I 1 13 Cal -, ' �'-,� -' t uew rr ILivermen The Fork► __ .t 'Srifi'Glendeay Aged Father Lakes - i ---• 211 .I 41 I 1 A -\ n, rui�rn, - --i I- Nunn I I I Grmten/ ' f rr FI • s I Wellington I , • Walden FornIk •'i , o . Beale a0 I airmen" 14 Ps do 12 1 B i Purcell I 14 (t ILJJr,I 1 ' National Park 1-- 10 Purce• -•� _-_-.. Bngdale ` le CLINK MAX I _r ALnpbrte j 'en r B .1 Au t 3 15 1 21 (I wlrrr' Fort 4 14 I_AR iMF R t' • Flatiron s ' `• Forest "'n,n Co111 f• i' \7 e4ton Cornish .:._,..:__,. ...lie A _ I 25' Eaton loot 125 r'.Gould ,1 Gariere altIrf 1 Windf01 15 r rn 12 I • - 1 _ a.rem, 1 f1 iI Mesonvdle • ` • 4 Lucerne Barrwwdle Rend i `f� �11A'I �1t1 •� p • 5 14 Gr eley_ -15 Po 'Gill I4 r r••cON ' lw[xnw'- I' N� Inoxrow t7 1 Kilt Kim r i_ 56 tI vlaarr� faartrr ti s.13 >t �____•-, J4 ` Y M " 't ;`t-ALoveland 4 I „r Even I Pima, r Li--- Nade Naxorl `-Fuel •`l pS-k ril.liier WV Campton,X00 _ Milliken arrA��i< a«<<' I f ta1M . I 3e tl', 'c erthoud I Johns 1 16�LeSell: 70 34 oven'[<t.,1` `•UK %rgtrlo x wr",i/ I ' town r rat'%Pac ham • n eanrr Ne6olral 14 Gdowl •1 • 1: 40 �_-—.• • II -�W W. _- - IL --- Meed• B 21 1 PAS.a[rrtnr '1 !P5IIII) ee (I IIJ'IIIr Fowl r, /; ry,�,/[A ,�LY0M•• ItM.• • B IaY It8 31 O 1 1 I' St"' 71• .i[ -k• 7 r • I villa Herr/ I" ....n-__ e I ngtri nt o e o lone Rilefen II„our 125 ADaAr,7,l RAMO•4 4 1 ut-• Fire • j7e. . V - -----A u.xe/r Fort —�-- 34 .1.4"i^'ARRICA • ^ 23 I.I...I 47 Nlwot 7Ti 1 a7 • •Et g8 •\Lupton , t2 barwshury 33 Hot Sulphur " A tom^ A• / •• • • ProMml e r Granby', Ward• ' Ili 7 Erie 'Dacwro P5 B / Hudson Kremmting 27 Sonnet. W s A Valley i,',"#SS i Peshcll 4° -'- ' 1 j 72 Bo ul4er,' L fa e te:; ,s Br, ion I; y •- •, '. a A 119 , `' r 110 •.. •. 9 'j / 'I X" r! ,Nehrlend, 3e In vine/ •5'•per Lake L- 72 '. A r IAra/.10 i Taller '4G Fraser 1., . Plnccllllc 13 •' B ,- - ' , 1 - 34 I7 - Thorn 79 I-•— i 9 "'- -r_ Hid`■eewiy Perk 4. RdhnwdPo' 28 72 93 •0 1•ton 7 TI. I A'`IYlfSFfAi• AWiater Perk. r I 1.1 _ -w �` 7.Ir�4, 1 [r 11,p r,N�q�i7RIRMOWPA• 40 r A` ._ 11� �' 20 Arvad: .• dAatfeAl A Mu Rim' - 1 tI,nun tentre�C ry Bletk f/ewY Lak wood 3 33BMMIt 3B $t bur -,'AEm mime ' Golden 13'sel L BWalkms at onriri�, '-It i e Ida o Sprs 1 (�� (/�s-a 7 U 76 tII _ •_.• 2N 40 •_ ft II fJIIr 1 I Form J,` 1 _ 1 -1,/"' - '�■ urlra • � 0 6 -- ' LL1�. 1 $1i t [ At U:::,;•,4, tl e s11 -$f 16 GIrOr I• �` 1 4 11 + Y Natrona/ `• Faust ; I t[IHM.oull. c l'li uu1e i • 1 1 `". D E�1 VERB► .VMM' llr xw �01 rot io 7M°194 ho,a I 7 • "i�__ — %Ih 1 ev(1 A4n PAM i -' 5 q,.T2° Dd n Li Irvrr 'Echo 110 ,A Mona t I,I - 6`v AV 11e �„S.I t 5 Leke EYe;green � s,n • 7 G 4 � ! (l ' erl 6 5 ^ 9 Y rr wAwv � Minting r�er e(1 INao/r A 1 B5 \� i.'0 l I ftik4r � ` cAAY1/fAr ar5 1 ie .Gi etI 4ui n ,umrr fl Irr..,r , Conde', '‘,58.. . Pu 11 u 41a4 man ++��` a Fr Breekell- �'1` • I 1, / Ka s1 to "� 11 Aelr vul/AIt. � ,4 //,',',L'11 a •', , II I u aJl 4r Xfledchl rl Iueer, .� ndte� F� Pike Grant , 4nliviers Sedaha1I r rB l 11 I snawnp[ O • f rnI pondn /Ft Y[N'0 ',' ,�� nvnwA•u PIr14 :, 7 , lF,anklnwn� l an_ ora 4 Bu title p ran 74 f1 l7a +an•fAI•+It n Inml„ eadfy�` 7, 7J6' 11� J r TxL� IE6lahelh_ Kiuwa i Nods,,,,r,•,,,,,;,,,, 1 rl.V,l C ae4 (•t(;aSlle --�'t 16 '_" n.rA...z..se ... T a. t 1� i.- ,Jelte�snn dJ ('rl9u•LA �' -1 Impact ltd. ADJACENT PROPERTY OWNERS TO CONTIGUOUS LEASE T11N, R67W Section 4 24212A State of Colorado Denver, Colorado 80203 Section 6 24215 Howard I. & Lucy J. Holtzinger P. 0. Box 228 Fort Collins, Colorado 80522 Section 7 24220 Meadow Springs Grazing Association c/o Arden W. Derr 42274 Weld County Road 45 Ault, Colorado 80610 Section 8 24221 Colorado Section 14 24228 Colorado Section 16 24230 Colorado Section 17 24231 American Telephone & Telegraph 32nd Avenue of the Americas New York 13, New York Section 18 24233 Colorado Section 20 24237 H. D. & Delpha E. Miles 512 S. Grant Avenue Ft. Collins, Colorado 80521 24238 C. W. Kersey Rt. 1, Box 31 Carr, Colorado 80612 24240 Paul V. Blake 5 Fair Oaks Moberly, Missouri 67270 Section 22 24242 Colorado Section 24 24245 Colorado Section 25 24246 Lazy D Grazing Association c/o Lloyd Thomas (see Section 26) Section 26 24247 Lazy D 24248 Lloyd E. & Marjorie J. Thomas Carr, Colorado 80612 T11N, R67W continued Section 27 24067 et al Harry N. & Helen R. Moore P. 0. Box 29 Carr, Colorado 80612 24093 et al Hazel M. Slater P. 0. Box 52 Carr, Colorado 80612 Section 28 24253 Thomas Section 29 Meadow Springs T12N, R67W Section 31 24284 Meadow Springs Section 32 26945 Holtzinger Section 33 26946 Holtzinger Extraction Plan The applicant proposes to conduct an open pit aggregate operation in the area defined by the extraction plan map. The mining method will consist of stripping of top soil and overburden (estimated thickness 0 to 18 inches) , followed by bulldozer pushing and loader transport of the material to an on-site sizing and washing plant. The aggregate will then be loaded in over-the-road trucks for transport to various projects. The area and direction of advance of mining are indicated on the mining plan map. The extent of the aggregate deposit is indicated on the pre-mining map by the shaded area as indicated by the Colorado Geological Survey Special Publication 5-A, Sand, Gravel , and Quarry Aggregate Resources , Colorado Front Range Counties. As the top soil and overburden are stripped, they will be stockpiled for later use in the reclamation program. Stockpile areas are indicated on the extraction plan map. Because of the relative paucity of the top soil , both the top soil and the overburden are being analyzed for potential use as growth medium in the reclamation program. Mine phasing has been developed based on the assumption that two major contracts will be received. Neither have as yet put out for bids . These assumptions are necessary because the bidding and bid evaluation process is much shorter than the process required to license the mine. If both of the contracts are received, the area shown on the mine map will be mined out within one year. If one of them is received but not the other, the affected area shown on the mine map will take two years or longer to mine. It is anticipated that mining will begin as soon as the permit issues and will move ahead at a minimum rate of 1 ,000 tons per day, to a maximum of 5,000 tons per day. The principal items of mining equipment to be used are scrapers for overburden removal ; dozers for aggregate pushing, front end loaders for on-site aggregate transport and over-the-road trucks for delivery of off-site projects. A water truck will be employed as appropriate for dust abatement and miscellaneous service, and fuel and utility type vehicles for transporting men and materials. No major water diversion will be required, though some minor diversions will be implemented to divert run off around the working pit and to divert Lone Tree Creek around the horseshoe bend to be used as a sedimentation pond. A working sump may be maintained in the mine to channel runoff that would , otherwise be intercepted by the pit. The average thickness of the aggregate and the overburden is indicated by the test pit information included in the attached table. The pit numbers correspond to locations on the soils map. The aggregate is described in the Colorado Geological Survey Document cited above, in the section on geology. The extraction plan has been based on the following assumptions: 1 . Aggregate weight: 2900 lbs./cubic yard 2. Aggregate reserve: 2300 tons per acre foot (10% process loss) Unit 1 is assumed to be mined for a contract of 400,000 tons of pit run and base material . It is assumed that all material removed from unit one will be sold and that the only required processing will be a grizzly operation for the removal of boulders and cobble. Unit 2 is assumed to be mined for a contract of 400,000 tons of classified aggregate for material crushed and greater than that which will pass a number 4 screen. Information related to aggregate materials tests is attached hereto. Unit 3 is assumed to be mined for 100,000 tons as a contingency for possible miscellaneous unaccounted for or unanticipated sales. The total tonnage blocked out in the mine plan, Units 1 through 3, is just in excess of one million tons. The only schedule forecast for mining is that requisite for unit 1 material which will be required between April and September, 1980. That will require an aggregate mining rate of 3500 tons per day. For that mining the following general equipment profile is anticipated: 1 . 11 cubic yard front end loader 2. D-6 size bulldozer 3. 450 ton per hour gravel plant 4. 6 cubic yard front end loader - stockpile 5. Miscellaneous utility vehicles 6. Water truck 7. Scraper 8. One to ten on-highway trucks * The following manpower requirements are forecast: 1 . Foreman 2. Two loader operators 3. Bulldozer operator 4. Scraper operator 5. Four plant operators 6. Mechanic 7. Up to 10 haul truck operators * The following minimum mining schedule is anticipated. Unit 1 . 92 days Unit 2. 130 days Unit 3. 24 days * Haul truck quantities and operator numbers will be dependent upon the final delivery point of the material . These following stripping requirements are anticipated based on the test pit data: Unit 1 . 50,000 cubic yards Unit 2. 100,000 cubic yards Unit 3. 32,000 cubic yards. The mine will operate only during daylight hours in accordance with Weld County regulations. Long shifts are anticipated during summer months. AFFECTED ACREAGE Disturbance' Designation Acreage Category Mining Unit 1 14.87 Moderate Stockpile 1 1.98 Moderate Mining Unit 2 19.99 Moderate Stockpile 2 1.65 Moderate Mining Unit 3 4.21 Moderate Stockpile 3 0.66 Moderate Roads 7.58 Minor Plant site 1.98 Minor Scale site 0.16 Minor Sediment pond 3.39 None Dams 0. 18 Moderate Diversion 2.75 Moderate ' Moderate requires grading, topsoiling, and seeding. Minor requires seeding only. Total area required to provide future mine extension feasibility is mapped at 218.31 acres. This has been rounded to 220 acres for permitting purposes RESOURCE EVALUATION PROGRAM DATA Test Pit No. Overburden Thickness (ft. ) Aggregate Thickness (ft. ) 1 6 13 2 3 9 3 52 11 4 1 13 5 0 13 6 4 13 7 22 13 8 5 10 9 5 13 10 1 13 11 22 11 12 32 122 13 12 11 14 2 9 15 2 9 .._ W Q li cL 4 z h CA h i e A) A) a vv�. � 0 o IL r r ND Q 2 It- . 4 ,. cc tt d O - 0 w et p0 O Vr 1O V o p1 Q d Q %41 i O 6 EivE RA LI -Z.E D HAULROAD CQos5 - seCTION coon) roe. - . •:,D o .. •.o(i bitAwA4E• -i .• •• •-•:•-•.•• .'O• moo• • ,. ••o•.Q• .•�:' d...• ' o. . . '•D DQAt JALAE. t,(r ((E.5 LR.04ku \i ik DQAINA GE DITCHES 1, pact s wl.r....satsl cesaultsats 1401) larimrr square drnver, oolorodo eotos __IIII— _IIII ToP or DR r�I °` al— 1 �----► =1111c I I I 4-1,1y /d III 1- I=III1-i w= h IIIe_IIII e-IYI:21 b RiPagP E Htcr:6;xi Spiu-wo1 S 2cTl o, Erit,a.6,;Nw SP%11w`y CavST W Aim.cut-EAGt, —— — ——— EH6AaK r4 T d ASSvMED phaEATIC C LANE Ris6R- -7 BECK To ?aoass SAM Camas SW-11.w bAM t tPu4.L W cYa ) * i *c PA f kof iau t $0(4461,11' C Oii of- OCTb8t ,R't . O CNIICKIED Rio A_� impact ... r the environmental scientists*1 en/inesrs owswwO NO. I S. Soils The soils in the proposed permit area are typically shallow with a 0 to 8-inch topsoil layer. In some areas the overburden approaches 18 inches. Available topsoil will be stockpiled where practical . SOIL DESCRIPTIONS The Soil Conservation Service, West Greeley District, has con- ducted a survey of the proposed permit area. Descriptions of the soils of the area follow. Soil types are delineated on the soils map attached hereto. Bankard loamy fine sand, 0 to 3 percent slopes. This deep, somewhat excessively drained soil is formed in stratified calcareous sandy alluvium. Typically, the surface layer is brown loamy fine sand 6 inches thick. The underlying material to a depth of 60 inches is loamy to very gravelly sand stratified with thin lenses of sand, sandy loam and loam. In some areas the surface layer is sandy loam or loam. Permeability of the Bankard soil is moderately rapid and available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. The hazard of soil blowing is high. Haverson loam, 0 to 3 percent slopes. This deep, well-drained soil is in drainages and adjacent stream terraces. It formed in stratified calcareous loamy alluvium. Typically, the surface layer is a pale brown to light brownish gray loam 12 inches thick. The underlying material to a depth of 60 inches is very fine sandy loam or loam stratified with thin lenses of sand, loamy sand, and clay loam. The soil is calcareous throughout. Permeability of this Haverson soil is moderate and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is slow to medium, and the hazard of water erosion is slight. The hazard of soil blowing is moderate. Peetz gravelly sandy loam, 5 to 20 percent slopes. This deep, somewhat excessively drained soil is on backslopes and shoulders of moderately dissected to highly dissected upland ridges and breaks. It formed in calcareous gravelly alluvium. Slopes are dissected and convex. Typically, the surface layer is grayish brown gravelly sandy loam 8 inches thick and is covered with 15 to 35 percent gravel and cobbles. The underlying material to a depth of 60 inches is calcareous very gravelly sand. On steeper slopes this soil type combines into a rock outcrop com- plex. Permeability of this Peetz soil is moderately rapid to a depth of 8 inches and rapid below this depth. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight to moderate. The hazard of soil blowing is slight. Ascalon fine sandy loam, 0 to 6 percent slopes. This deep, well-drained soil is on smooth to moderately dissected plains. It formed in calcareous loamy alluvium. Typically, the surface layer is dark brown fine sandy loam 8 inches thick. The subsoil is sandy clay loam 16 inches thick. The substratum to a depth of 60 inches or more is calcareous sandy loam. In some areas the surface layer is loam. Permeability of this Ascalon soil is moderate and available water capacity is high. Effective rooting depth is 60 inches- or more. Runoff is slow to medium, and the hazard of water erosion is slight. The hazard of soil blowing is moderate. Altvan fine sandy loam, 0 to 6 percent slopes. This deep, well-drained soil is on smooth to moderately dissected plains. It formed in calcareous gravelly alluvium. Typically, the surface layer is grayish brown fine sandy loam 6 inches thick. The subsoil is sandy clay loam or clay loam 16 inches thick. The substratum is calcareous sandy clay loam 5 inches thick over coarse sandy gravel or gravelly coarse sand. In some areas the surface layer is loam. Permeability of this Altvan soil is moderate and available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is slow to medium, and the hazard of water erosion is slight. The hazard of soil blowing is moderate. Altvan fine sandy loam, 6 to 9 percent slopes. This deep, well-drained soil is on highly dissected plains. It formed in calcareous gravelly alluvium. Typically, the surface layer is grayish brown fine sandy loam 3 inches thick. The subsoil is sandy clay loam or clay loam 16 inches thick. The substratum is calcareous sandy clay loam 4 inches thick over coarse sandy gravel or gravelly coarse sand. In some areas the surface layer is loam. Permeability of this Altvan soil is moderate. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. The hazard of soil blowing is moderate. Manter sandy loam, 0 to 6 percent slopes. This deep, well-drained soil is on slightly dissected to moderately dissected plains. It formed in calcerous loamy alluvium. Typically, the surface layer is brown, sandy loam 3 inches thick and the upper 13 inches of the subsoil is sandy loam. Permeability of this soil is moderately rapid at the surface and increases with depth. Available water capacity is moderate and the effective rooting depth is 60 inches or more. Runoff is slow, water erosion hazard potential is slight, and soil blowing hazard is moderate. SOIL SAMPLING During November, 1979, soil samples were collected from the proposed permit area and sent to the Colorado State University Soil Testing Labo- ratory for analysis. Analysis results will be used to determine the soils' suitability for reclamation. Results are provided as an attachment to the reclamation section. Vegetation The proposed permit area is a terraced grassland adjacent to an ephemeral streambed, having blue grama and buffalo grass as the dominant vegetative cover. The average basal cover is estimated to be 50 percent. Variations in soil and moisture conditions have influenced local species distributions and the vegetation has been strongly influenced by the grazing of cattle. The general range condition for productivity was considered fair to poor. Associated with blue grama were other perennial grasses such as sand dropseed, red-threeawn and ring muhly, although only minor amounts. The height of some of the grasses may reach 12 inches during periods of maximum growth. Drier areas were suitable for western wheat grass and red top while moister areas are probably suitable for grass like species such as American sloughgrass, Nebraska sedge and rabbit polypogon. Although grasslands cover most of the surveyed area, thicker growths were noted near Lone Tree Creek, such as isolated stands of cottonwood. Yucca and prickley pear cactus were also noted. None of the 50 endangered Colorado plant species were inventoried at the site. Reclamation Plan The disturbed area will be contoured to break abrupt contour changes and provide compatibility with surrounds. There is 0 to 8 inches of topsoil overlying the aggregate to be mined. A concerted effort will be made to stockpile what is available. Topsoil will be drawn almost exclusively from Ascalon soil profiles , and stock- piled onto areas where erosional hazards are least likely. Stockpile sites are indicated on the extraction plan map. Areas to be reclaimed will be seeded in the fall , preferably after mid-October. The attached SCS correspondance indicates species and seeding rates anticipated for reclamation. The method of seed application will be broadcasting and harrowing, or drilling. The seeding rate will be doubled for broadcasting. Should data become available indicating edaphic conditions more appropriate for other species of native grasses , the revegetation inventory of seed types and ratios may be modified. Virtually no trees or shrubs exist on the site and no planting of trees or shrubs is planned. No water is available for irrigation and no fertilization or mulching of the soil is anticipated in accordance with CSU soil laboratory test results attached. United States Soil ( ) Department of Conservation % Agriculture Service 4302 W. 9th St. Road, Greeley, CO. 80631 December 7, 1979 Michelle Michot Impact, Inc. 1409 Larimer Square Denver, CO. 80202 Please find enclosed copies of the material you requested: soils map for sections, 7, 8, 9, 16, 17, 18, 19, 20 and 21, Twp. 11N, Range 67W; soil descriptions for the subject soils in the map area; range site descriptions; recommended seeding rates for adapted grass species; standards and specifi- cations for critical area treatment and mulches; and table of physical and chemical properties of the soils. This information should provide most of the basic data you will need. If additional information is desired, please contact this office. Si cerely, Ronald D. Miller District Conservationist Greeley Field Office Enc: RDM:jb '3, Impact Inc. Gravel Pit Reclamation Section 17, Twp. 11N, Range 67W, Weld County, Colorado Seeding Recommendations: The recommended species will be dependent on the major component of growth media that will be available at the time of revegetation. If material will be drawn from Ascalon soil profiles, it will be closely associated to a Loamy Plains range site: Species Variety Seeding rate lbs/PLS?1Ac % Stand Blue Grama Lovington 1.0 50 (Bouteloua gracilis) Western wheatgrass Arriba or Barton 8.0 50 (Agropyron smithii) If growth media material will be taken from the Peetz soils, the site will be closely associated with the Gravel Break range site: Blue grama Lovington 0.8 40 (Bouteloua gracilis) Side oats grama Vaughn 2.7 30 (Bouteloua cutipendula) Little bluestem Pastura 2.1 30 (Schizachyrium scoparium) * PLS = Pure live seed Seeding Equipment: These seeding rates are specified for drilling with a good quality grass drill. Broadcast seeding is not recommended unless there are small areas inaccessible to drills. In small areas, broadcast seeding may be accomplished by hand or with manual operated seeders. The seed should be covered 1/4 to 1/2 inch deep by raking or harrowing and the broadcast seeding rate must be doubled. Seeding Dates: Fall seeding is recommended, after October 15th and prior to April 15th. This will keep the seed from germinating before adequate moisture and warm temperatures are available. Mulching may be required to protect slopes from erosion and protect seedlings during establishment. For the site conditions, seeding should be accomplished first and then mulching material applied second, please refer to Mulching Standards and Specifications. R 1 I . r >-z z w 1 0 o z n. Q 0 0 0 0 m 6..- (1) 0 0 0 0 0 L.) N a: co in u) .- w Z Z c. m2 I- w _ O cr 0 -< 2 0 - (n — �1 ------- I Q a= OW — kJ C 0O w J D (7 Lii - 0 IL O C 4 I-i w I W ty p a as 2 I'- U Q w - ] i7-- O¢ Ir) M O CO Q Z > 1 J c!) Y O.- a _i 4 u 2 IS D u)u) d w 2 Q O u �� Q a m U 4 ¢ 4 CC O O ? > W W 0 m 0 < w 2w I-- coIn QO Z > ai Yllk I— in l— m � a c uOc) _ O — F- w 1 OD O 1 —w N F- 00 W Q J I— a ----- ---- ---- 0 v x Z � N Q Q J y a < 0 4 O N u OW W - J O a.. > Z Z YK 0 F Q -J n 0 n Z > a O a Z a D O m ac rj It 0 W w w m m Q Y a Z 2 2 a J <>- W a V W O D Q = o[ > J w p O V W m m LL = 0 ] 0 O ) w [C u) u) ¢ u Q N Z Z m W I— ►- _---o...--_------ I 0 W OL in > w > W 0 Z D N Z u.. Z w m M Q a W Z w < 0 —1 CC CC F- nw W Lu T W I O U) --- _' -. Z I- W z } 0- Q ----- --- - O in m rc W 0 Q - ui u0i W m o0 Z �• CI W O O J U- m Q FW, u+ I- �cc CC Z O ' � a < V) C Q o us .� W ce >- 0 -� 0 - X 0 .J O I- 0 IJ Z W O I l? I- W Q u� Q >- (D a Z O O -J Z. 0 V ao ) f4...• u ri rC O ONV IA HO INJI, >- O Q; Ill C.) W wwJ Z 2 w ens 2 O O cc 0 I•-0 Q dam W I Q Y W I- I J O tl31 4NItld6 IX. a I w w a 4 w 0 U - ------ ¢ �00 aoo1a w O U N �U a J a_'rIN N Motl Z 0~C w a I I -I w O t I cc (..,cc U w 0 1 1 c,:le C I 1( -i Z I �I V �' _r �I CC a (w7 I- T a E U Q J m T•1 I w g — a ¢�¢4 a.LU El co Z z I I " Z Z � w2 � Cl) I- r1 `I % � u-o z w w a. Ri � o0 om1- 0 X 0 • �} ui D pccy 4°Z0 o m w I ,� 0 O WX0 Oppw w Z gCC WWO OZ-- LI-- O c/) p0 -i 3 0 I CV r,.�,.. , .__._ --- - - T , .a F r M 51 i~' P"" % `- +� to OL C ,-, C,, R' . , �` A T... W f- `. • C. = a w ° O u 1 .%:c1;it i- u ,. • 11 N (NI CC Q • AI c. P.' Ova ►-• C N n W ' Q V if§ G C C1 a a u, 1c6 • • . N ≥ O~C 1-a M r.. c - ` LL o W g >- }} r a ; ' y J .�. f ,A0 ,• .. , ,A'.f ,ri, ;'� :pit.r 'ki;'n- 4: ,' /!1� • \, �y ` r 'tt t, ...,„ ,L,, .. ,iirh } ,�+?�-'�`, 'A1•' '.�1I.f1�/ 4, ' '1. 3. O w z ter- V7* - 1-. • • , ---:---• CI , • i an Q ,,„•,c F Pi fi h I"" to t • rr •` H . .;' I r a a : a d Al• = , ' , h ,, .. . r wLi I"' i A� O '� �N, • ? pW. ;? , ..0.0.-• 0. r.. .....,t I . 5 ri1,6 - - g ' ;-, ° . °W Ifs' :, _ ' A y` `, 1 i a. 1. : , v.. ', , i {nr , 41 Y'1 1!'1 t 'i 146 a O .... V °mg' g ill°rk 04 vii, . , %O. • t §'.jo.t ; ' :, r , . ft. 04 ..4't i•' % . ' ; '‘: ' I ` "n , ;' • ' • .•,r�,• �P ,r i! �,, ? 9go, t, • • . • .' i ,�ri'. "� `'Y h' , f ,, ' h t ", ,.r, ,'1 .'l,� •4 t' -],, r'f 1 i, ti' t.-ti .. 4i '' 'A .'.. .1 a' • t a . 1' ,f ! r•:•{I�••:•,P,6,' 'rd• ► , fir- d,,.4. • 'i.,t1K•� 5,#;' t i� y :4 LY �"F fi 3. �{ '�' } Sr,�. 4 ,,1. Y Y i '� 7a; '9'' ►i 'i '1,? t,d 1 "R,A " 1a. ry �', 1,;C r; 0.5.t.1 .. ti) '.":4•10-•' + p 11 1 • ,,. , .fir �._i :r'1 .. U .+l , '' T:�: 5 '• .y J. . ,A ' Z• -' ` W �' fY •v J maC 1'' �1f. a ,, g ' A.- ,�• 1, . .. ' Y !v ex„41C. © .b• 12 ; i a • ..♦ ` ` D.- 41 a •� =►•".t'40- A. d n �f u Z- �—� ' G 1-- . a+ • rte+W ,., .n O M 0 V' 5 t 141' 'A ' c* • I' t 114 1 04 1.; ..T a _' z r . co as , i,u a, .' rr--P-4aJ,•• 1• t) W... 4( O > "1 U- 1-+ U " •-.t. v a• NG s 3 ©' - r+ .-1 r1 V1•.• V) f'i L r T N t C E N O O•r- •r- N a) 1.. 3 +.' 7 -O - N 7 a) >- .-• N 0 7 4- +. ♦ i + ♦ r - . + t 1 4 4 f . . 9 I •r b 4-) MI 4- ID 0 > C N O (0 • 0)M t (1) -c r— • N O E a) s- c) a) s... e,....i . ` . i r w . r I w a• ♦ r . i --.4) l r 441 VVIL O. VI CL CL ' i 43 W L U Lr) ^ > 4-) J J 7 N CI. N t0 X V) N O•r- N E 4-1 O aJ i''' ?14-) N in ••r— L a) W r— C 7 S.. N -L) O1 N. 1— t0 O O •r .-i O U ?, >,L Z•r a) C i-) ♦ I i ♦ J I r i •N +-) d r0 I 4 i Wroro a) c Q O 7 t 0- t0 4-1 4-r t0 3 1 + N i (.0 b n n d • t 1 1 - + 4 r `) r I. 1 N IX) t/1 JJ O•CO 0 N r r j • -4 ♦ • A - •1-) Z mL) 7. U CC Q N- tO •-' S.- N O O F- O ^ LN W Z ...1 X. .' V . . • 4 I A a I i F- U r.-. ►.+ W O J 53 C '-t N I.-.J-. O b 0 Z .-i .--I r OOU r •'—V) Ola I 4.11I F 4 % r C7 U) C»O d, +J V) V) OC 4 l ' . " 4 1 I P I P- ....., I CU L) E MC I . • t +•) N N CO IR N � • • O: N a) +- =N CD ' d O'o E oW I-� O • J CL ••••0 O .-1 N I--•J OC U Z U W • ,k r I' . CC O1-›! a O Z ▪ cf W O .-1 ►—• p .0 CO CO .•l2 �. — - — — • e •O • W - «+ u I4 ID Qa Water Resources Water is currently over-allocated in the area of the project. Water requirements for the project include those for potable water and sanitation and those for a gravel washing plant. Meteoric waters ultimately drain into the Platte River, the general drainage direction of the area is shown on the pre-mining map. The drainage in the immediate vicinity of the mine known as Lone Tree Creek is ephemeral in nature. Potable and sanitary water requirements are expected to be satisfied by portable sanitation facilities and trucking of potable water. Water to be used in the wash plant and that required for fugitive dust control is anticipated to be obtained under a temporary transfer from rights owned by the grazing association which is leasing the gravel rights to Tucker Construction. The Terry Grazing Association Water Rights are rights for ten cfs on the Mantey Ditch, appropriated March 15, 1882, and adjudicated January 15, 1914. Additionally, Tucker Construction has access to a 190 cfs and 70 cfs flood water right owned by R. C. Tucker and known as the A. J. Eaton Flood Rights. These rights were adjudicated January 15, 1914. Tucker Construction is currently pursuing the temporary acquisition of Union Pacific Railroad rights initially adjudicated November 21 , 1895 on the Carr Reservoir and Pipeline. These rights are 1 .97 acre feet and .95 cfs respectively. The water requirement for the wash plant is approximately 800 gallons per minute, which is 1 .78 cfs or 1 .178 acre feet per 8 hour day. All of the wash plant water will be recycled. The consumptive use is estimated to be 0.2 cfs or approximately 31 acre feet per year. Although pump tests have not been conducted, there is an abundant aquifer approximately 13 feet below the mine floor. Once water rights have been properly obtained, this aquifer should be more than adequate to supply the make up water requirement. No discharge will be generated by the wash plant operation, however, in order to properly inform appropriate water quality authorities, a zero discharge NPDES permit application has been filed. Wildlife Wildlife disturbance in the proposed permit area is expected to be minimal . The construction of Interstate I-25 and the initial operation of a now-abandoned gravel pit have preceeded the proposed operation. The existing habitat is hospitable to a wide variety of rodents which comprise most of the wildlife community. Also predominant are certain varieties of lagomorphs, particularly the white tailed and black tailed jackrabbits. The pronghorn antelope is known to graze in nearby environs, as are other grazing range species. There has been no documentation of endangered species in the area. Although possible, it is unlikely and unanticipated that the proposed operation will disturb any threatened wildlife. The Colorado Soil Conservation Society has provided the attached range wildlife description. ti RANGE SITE DESCRIPTION - Colorado - 1974 B. Major Uses and Interpretations for the LOAMY IT,ATNS — Range Site Use of Product- Value Rating Not High Medium Low Appli- cable 1 . Grazing • - x Cattle • x Sheep x Horses Goats x 2. Wood Products 3. Wildlife x Antelope Bison• x Deer x Elk Cottontail Jackrabbit x Lark Bunting (state bird)gray Upland game birds morning dove X Meadow lark, Night hawk,pra1±i4 p(Xl;Ii1aiii0 falcon a many others X Prairie Dog X Burrow Owl X Ground Squirrel X 72 Avg. on Run-off curve 4. Watershed x 5. Recreation and Natural Beauty X Climate The area exhibits a semi-arid climate typical of the central high plains east of the Rocky Mountains. The region is characterized by low humidity, low average precipitation, and a high percentage of sunshine. A large amount of the precipitation which occurs falls during summer thunder- storm activity. The four masses which influence the region are: Pacific air which passes over the mountains to the west, Artic air from Canada and Alaska, moist air from the Gulf of Mexico, and warm dry air from the southwest and Mexico. Climatological data is given below for Cheyenne, Wyoming and Fort Collins , Colorado. Cheyenne is approximately 16 miles NNE of the site and Fort Collins, is about 40 miles SSW. Average Annual Temperature: Cheyenne, Wyoming 46° F Fort Collins , Colorado 50° F Average Annual Precipitation: Cheyenne, Wyoming 14.6 inches Fort Collins, Colorado 14.9 inches Average Annual Snowfall : Cheyenne, Wyoming 52 inches Growing Days : Cheyenne, Wyoming 132 days (May 18 - Sept. 27) Other Permits & Licenses Application has been made to the Colorado Department of Health for a zero discharge NPDES permit and fugitive dust permit. Source of Legal Right to Enter Legal right to enter represented by a minerals lease from Terry Grazing Association (copy attached). The access road in Section 18 is to be leased from the State Board of Land Commissioners by Tucker although Terry Grazing already has it under lease (application attached). AGREEMENT THIS AGREEMENT, made and executed this 1st day of September , 1979, by and between Terry Grazing Association, hereinafter referred to as "TGA" and Tucker Construction Company, 4563 E. County Road #68, Wellington, CO 80549 , hereinafter referred to as "Tucker" , WITNESSETH: THAT WHEREAS, TGA owns certain lands situate in Laramie County, Wyoming and Weld County, Colorado, and there is located upon said lands gravel and rock which Tucker may desire to remove and purchase in the future • under the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. That TGA hereby grants to Tucker an exclusive option for a period of ten years from and after the date of the execution of this Agreement to purchase and remove an undetermined amount of rock, sand and gravel on and underlying the following described real property situate in Laramie County, Wyoming and Weld County, Colorado, to wit: Sections 2,3, East half 4, 9, 10, 11, 14, 15 and 16 in Township 12 North Range 67 West of the 6th P.M. and East half of Section 23, 26, 34 and 35 in Township 13 North, Range 67 West of the 6th P.M. , Laramie County, Wyoming and Section 20, part of E1/2 SE4 lying east of I-25; Section 21, all in Colorado; Section 22, SE4 SW4 (8RR); Section 23, all in Colorado; Section 25; Section 27 (15.62 RR); Section 29, part lying east of I-25 (21 R) ; Section 34 SE4; Section 35; in Township 12 North, Range 67 West of the 6tn P.M. , Weld County, Colorado. Section 1; Section 2, S? SE4; Section 3, (2 L); Section 4, SE4 (24 RR); Section 5, part lying east of I-25 (40 R 3L); Section 7, part lying east of 1-25; Section 8, W2; Section 9, (49 RR); Section 11; Section 13; Section 15, (7 RR); Section 17, except 0.229 acres AT&T in SW4 SW4; Section 19, part lying east of I-25 and north of Carr Road; Section 20, N' NE4; Section 21, (FR); Section 22, SW4, Sa SE4, NW4 SE4, SW4 NE4 (25 RR) ; Section 23, (4R); in Township 11 North, Range 67 West of the 6th P.M. , Weld County, Colorado. 2. That Tucker shall pay to TGA the sum of One Thousand Dollars ($1,000.00) per year, or a total of Ten Thousand Dollars ($10,000.00) , for the above described option, the first payment of $1,000.00 to be paid at the time of the execution of this Agreement and an additional payment of $1,000.00 to be paid on the anniversary date of this Agreement during the nine remaining years in which this Agreement shall remain in effect; that Tucker shall be obligated to pay said yearly payment of $1,000.00 during each of the ten years during which this Agreement shall re- main in effect regardless of whether or not Tucker shall take and remove any rock, sand or gravel from the above described property. 3. That in the event Tucker shall desire to take rock, sand or gravel from the said described property at any time during the ten year term of this Agreement Tucker shall first notify TGA in writing of said fact and exercise s the option herein granted. 4. That in the event the option to take and remove rock, sand or gravel is exercised by Tucker then Tucker shall pay to TGA the sum of per ton for /`` e "f4all rock, sand and gravel removed from the premises above /' ) ' described, and payment shall be made on or before the 30th L T day of the month following the month during which materials are removed from the premises. In the event that Tucker shall fail to pay to TGA for materials removed during any one month by the 30th day of the following month, TGA shall have the unconditional right to refuse to permit Tucker to remove any additional materials until such time as payment of all sums due and owing to TGA is made by Tucker. 5. That the yearly sum of $1,000.00 herein provided to be paid to TGA by Tuck r for the option to take and remove said materials shall Ot'Jn any manner be credited against the purchase p ce of' 4 ' per ton for rock, sand or gravel A4) 1,7: removed a4cr ucke shall be obligated to pay to TGA the said /.2�,r P s e'ium of �� p ton without any credits thereto from the "� / yearly option payment. Tucker agrees to a materials inflation increase not to affect or include yearly payment. Such in- crease shall be reviewed yearly by Tucker and TGA. 6. That all materials removed from the above described premises shall be weighed over truck scales furnished by Tucker and TGA shall have the right to inspect Tucker's records of such weighings if requested in writing allowing a reasonable time in advance. 7. That payments on the option and for rock, sand or gravel removed from the premises shall be made to Terry Grazing Association, c/o Dave Stephens, Secretary, 4050 20th St. , Greeley, CO 80631. 8. That Tucker shall conduct operations on TGA's property in such a manner as to not substantially interfere with TGA's use of its lands, existing leases, easements and rights of way, that Tucker shall not permit more than one employee to live and remain permanently on the property in the event that materials are removed under the above described option and no other employees or persons connected with Tucker shall be permitted to remain upon the property of TGA without first securing the written permission of TGA. 9. That Tucker shall hold TGA harmless from any and all claims, suits or demands of any nature whatsoever that may result from the activities of Tucker, its agents and em- ployees, upon the lands and property of TGA, and Tucker shall carry and keep in effect the necessary Workmen's Compensation and public liability insurance to protect and save harmless TGA. 10. That Tucker shall save and stockpile all earth and top soil stripped from the gravel and rock areas, and upon completion of the mining operations Tucker shall, at its expense, generally grade to uniform contours and shall thereafter spread the stockpile earth stripping uniformly over the mined area; that Tucker shall then seed the leveled area, with a grass speci- fied by The State of Colorado guidelines. 11. That in the event the option herein provided is ex- ercised by Tucker the terms of this Agreement shall extend be- yond ten years from and after the date of the execution of this Agreement by renewal of the existing Agreement. 12. That Tucker shall have the right during the term hereof to move a crushing, screening and washing plant onto the above described property and to stockpile materials adjacent to the area being mined; that Tucker shall have the right to use existing roads for ingress and egress. 13. That Tucker shall pay all taxes on equipment and other property placed on the premises, and Tucker shall also pay all taxes on the materials removed from the land due to any taxing authority of any nature whatsoever. Tucker agrees to pay any permits, bonds and adjudication involving water rights. 14. That Tucker shall have the right to use and remove from the premises water during the term of this Agreement; that for the purpose of removing said water Tucker shall have the right to construct a pond at the mining site for washing the sand and gravel and shall also have the right to construct a dam on Lone Creek and take water from said Creek; that Tucker shall also have the right to pump the existing well on the site. 15. That Tucker shall keep all haul road graded and all cattle guards in good repair; that Tucker shall use due care in its operations to protect the property of TGA and should any damage occur as a result of Tucker's operations, Tucker shall, at its own expense, fully repair said damage or compensate TGA for said damage. 16. Whenever notices are required to be sent they shall be deemed received (3) days after being mailed, with prepaid postage attached and addressed as follows: Terry Grazing Association c/o Dave Stephens, Secretary 4050 20th Street Greeley, CO 80631 Tucker Construction Company 4563 E. County Road #68 Wellington, CO 80549 17. Time is the essence of this Agreement and if default be made in any of the covenants or agreements herein contained, the non-defaulting party may send notice thereof as provided in this Agreement. If the default is not corrected within 30 days after receipt of notice thereof the non-defaulting party may pursue any remedy available under the laws of the States of Colorado and Wyoming then in force. Costs and attorney fees to be assessed the party found in default. 18. Terry warrants that they have good title to the above described land including the gravel located thereon and the right to sell that gravel. 19. This Agreement shall be binding upon the heirs, personal representatives and assigns of the parties hereto. WITNESS our hands and seals the day and year first above written. G / Terry Grazing'Association c er Construction Company LICENSE For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged TGA grants to Tucker a license to use the existing haul road across a portion of Section 18, Township 13 N. range 67 W of the 6th P.M. East of I-25 frontage road in lands currently leased by TGA from the State of Colorado. TGA also grants to Tucker a license to use as a haul road, the existing road in Section 17, Township 13 N Range 67 W of the Sixth P.M. to the East frontage service road on I-25. This license to remain in full force and effect so long as Acreement of the ;/C'fl day of QQc , 1979 remains in effect between the parties hereto. Tucker agrees to leave haul roads in their present condition or improved upon termination of this license. Terry Grain ssociation /ucker onstruc ion eCompanyL— APPLICATION FOR LEASE OF STATE LAND TO THE STATE BOARD OF LAND CONUISSIONERS, DENVER, COLORADO, Application is hereby made by the undersigned on the 27th day of December , 19� to lease the following described land situated in the county of No. of I Subdivision of Acres i Section Section Township Range 1.95 t I N2NE4 18 11N 67W General Description: Existing gravel road connecting the I-25 frontage road and Section 17 - Reference attached map_ Applicants will answer the following questions, and the answers will be con- sidered a part of this Application: For what purpose is the land wanted? Access to aggregate borrow area. Nature of Improvements to be placed on land? The_ road will be widened to aDoroximately 50' , additional road base will be added and the road will be contoured in cross section to approximate the attached generalized view. Area of land to be covered by improvements? 1.95 acres plus or minus Use of balance of the land? n/a What utilities and facilities required? (Roads, streets, power, sewer, water, etc.) none Will any use of the land create any nuisance to surrounding area? Fire, smoke, noise, fumes, waster dumps, etc. Some highly localized increases in noise and dust may be experienced. Any objectionable or dangerous storage of explosives, chemicals, refuse? no What rental per acre do you offer? $50.00 Term of lease desired? Five years. Any "pecial conditions desired? no Name of Applica,_t .Lee Fucker Address 4563 F. County Road 68. Wellington. CO 80549 Subscribed and sworn to before me this 27th day of December , A.D. 19 79 • ;3y commission expires May 24 , 19 83 /?tc6_ater, State Board of Land ' _or Notary Public � •.rti •fica� .f Insura e I �Ot G HIS'CERTIFICATE IS ISSUED AS A MATTER.OF IN ION ONLY AND CONFERS NO.RIGHTS UPON.THE' CERTIFICATE HOLDER, HIS CERTIFICATE DOES NOT AMEND, EXTEND OR.ALTER THE COVERAGE AFFORDED BY THE POLICIES. LISTED. BELOW. AME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Walsh, Gray & Moore, Inc. COMPA /� 410 Guaranty Bank Bldg. LETTER A The Western Casualty & Surety Company Denver, CO. 80202 COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY C LETTER • Tucker Construction Company COMPANY D 4563 East County Road 68 LETTER Wellington, CO. 80549 COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the • terms,exclusions and conditions of such policies. :OMPANY TYPE OF INSURANCE POLICY NUMBER POLICY Limits of Liability in Thousan s LETTER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 500 $ 500 A J COMPREHENSIVE FORM la PREMISES-OPERATIONS AGC 18 81 93 5-12-80 PROPERTY DAMAGE $ 250 $ 250 ❑EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD ',i.'. lJJJ��PRODUCTS/COMPLETED f000��iii!!! OPERATIONS HAZARD BODILY INJURY AND • CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ BROAD FORM PROPERTY COMBINED � DAMAGE ?' F�iINDEPENDENT CONTRACTORS >' PERSONAL INJURY PERSONAL INJURY $ 500 ;„:;•' AUTOMOBILE LIABILITY BOD(EAILY PERSON) $ 250 A ]J ]I COMPREHENSIVE FORM BODILY INJURY $ 500 ' JXJ��2]]U OWNED AGC 18 81 93 5-12-80 (EACH ACCIDENT) X XI HIRED PROPERTY DAMAGE $ 100 BODILY INJURY AND a NON-OWNED PROPERTY DAMAGE $ {' COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ',',7, ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and FWC 69331 11-22-80 ' i, EMPLOYERS'LIABILITY $ 100 (EACHACCIDENI) OTHER • -ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES %.r Gravel Pit Operation Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn- : • pany will endeavor to mail .4g_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ..0. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED January 9, 19R(1 Impact Environmental Consultants /a2... "4: 1409 Larimer Square ' Denver, CO. 80202 r: AUTHORIZED REPRESENTATIVE " ..Yr h ACORD 25(1 79) FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello