HomeMy WebLinkAbout20030758.tiff CopyPUBLIC WORKS DEPARTMENT
1111 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Ilk
Weld County Planning Department GREELEY OFFICE WEBSITE: www.co.weld.co.us
PHONE: (970)-304-6496
COLORADO DEC 0 271109 FAX: (970)-304-6497
RECEIVED
LETTER OF TRANSMITTAL
Date: December 1,2009
To: Michael & Virginia Shaw
PO Box 1227
Longmont, CO 80502
Subject: FHDP-594,Virginia Shaw Boat Dock& Shelter
Enclosed Please Find: 1 —copy of Letter of Conditional Approval
Submitted to you:
■ For your review and comment ❑ Approved as submitted
❑ For your records ❑ Approved, subject to notes
❑ As requested ❑ Returned for corrections/completion
❑ For your signature/signatures ❑ For your information
Remarks: Enclosed is the conditional approval for your flood hazard development permit which
covers only the boat dock,picnic shelter,and camp trailer. It does not cover any
additional structures or development activities that might occur on the site. Future
structures and/or development will require an amendment to the FHDP. Please note that
there are several other requirements for which you must submit further information in
order to maintain the conditional approval. Please submit the additional information to
me and I will route it to the appropriate parties.
Signed:
/f1—cr-
L
Clay Ilmmi,P.E.,CFM
Weld County Public� Works Department
61'11 nt a12CL=� ��� t.acii 0=9-07 j-)
5 - atoiO AL /55
PUBLIC WORKS DEPARTMENT
#0 644,, 1111H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
�• FAX: (970) 304-6497
COLORADO
December 1, 2009
Michael &Virginia Shaw
PO Box 1227
Longmont, CO 80502
Re: Flood Hazard Development Permit application (FHDP-594) — Boat Dock, Camp Trailer, & Picnic
Shelter
Dear Mr. and Mrs. Shaw,
The Weld County Public Works Department, Planning Services, Building Inspection Department, and
Environmental Health Services have reviewed the requested Flood Hazard Development Permit
(FHDP) application for the new home site. The current FHDP application can be conditionally
approved at this time based on the comments and requirements below.
COMMENTS
Applicant: Michael & Virginia Shaw
C/O SF2, CCL
PO Box 1227
Longmont, CO 80502
Request: Flood Hazard Development Permit number 574 for an existing boat dock, camp
trailer, and picnic shelter in the A (Agricultural) Zone District
Legal Description: Part E2SW4 Section 29 Township 2 North Range 68 West of the 61h P.M., and
the North &West of the north Line of CB&Q RR &that part of the NW4SE4 lying
North and West of railroad right-of-way executed under the Denver Utah and
Pacific railroad right-of-way.
Location: Approximately 1,800 feet east of WCR 3.25 and approximately 200 feet south of
WCR 16.5
FIRM Community
Panel Map No. 080266-0850C, dated September 28, 1982
Parcel Number: 1313-29-0-00-029
Department of Planning Services
The Assessors records indicate that there are no improvements located on site.
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M:\PLANNING-DEVELOPMENT REVIEW1FHDP-Flood Hazard Development Permit\594 Virginia Shaw Boat Dock&Shelter\FHDP-594 Virginia Shaw Conditional Approval Draft.doc
Previously in 2001, this site has had a Special Use Permit for a mineral resource facility (gravel mine)
permitted through Weld County via permit number USR-1346 for Western Mobile.
In 2006, the applicant applied for a two Lot Recorded Exemption (RE-4443) and in 2007 the applicant
applied for a 9-Lot PUD, (PK-1142).
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Building Department
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Public Works Department
An FHDP was submitted to and received by Weld County for review on October 20, 2009, by Michael
and Virginia Shaw. The application was referred to Planning Services, Building Inspections, and
Environmental Health Services on October 21, 2009.
The application is for an existing boat dock, picnic shelter, and camp trailer in the Boulder Creek
Special Flood Hazard Area (SFHA), also known as the 100-year floodplain. The entire parcel is
designated as Zone A on Flood Insurance Rate Map (FIRM) Panels 080266-0850C. This Zone A
designation indicates there are no published base flood elevations (BFE) or floodway for the Boulder
Creek floodplain on the current effective FIRM dated September 28, 1982. All FIRMs are prepared,
distributed, managed, and revised by the Federal Emergency Management Agency (FEMA).
The boat dock, camp trailer, and picnic shelter are located approximately 1,800 feet east) of WCR 3.25
and approximately 200 feet south of WCR 16.5. According to the current effective floodplain map, the
improvements are located approximately 150 feet from the east edge of the Boulder Creek floodplain.
It was the determination of Weld County Public Works that these improvements would have no impact
on the water surface elevation. The boat dock is a floatable and is not eligible for flood insurance. The
picnic shelter appears to be a gazebo and is not eligible for flood insurance. The camp trailer has to be
road worthy and will not cause an impact.
There are several adjacent properties for which FEMA has issued a letter of map amendment taking
properties and structures out of the floodplain.
The FHDP application includes the following documentation:
1. FHDP Application (Page 6)
2. Floodplain Management Standards Questionnaire.
3. Copy of the Assessor's profile for the subject property.
4. Hand drawn map showing the location of the improvement in relation to the rest of the property.
5. Copy of FIRM Panel # 080266-0850C showing the location of the property and improvements in
the floodplain.
The following documentation was added to the FHDP case file:
1. GIS map showing an aerial view of the Applicant's property in relation to the floodplain
2. FEMA FIRMette showing approximate location of the Applicant's property.
Please refer to the REQUIREMENTS section of this memorandum for further instructions.
Environmental Health Services
Environmental Health Services has reviewed this proposal. Upon review of our records for the
identified parcel number, there is not an individual sewage disposal system (ISDS) associated with this
request. As there is not an ISDS that is associated with the boat dock and shelter, this department has
Page 2 of 4
M%PLANNING-DEVELOPMENT REVIENAFHDP-Flood Hazard Development Permit\594 Virginia Shaw Boat Dock 8 Shelter\FHDP-594 Virginia Shaw Conditional Approval Drafl.doc
no concern with this proposal. If a septic system is installed in the future the system shall comply with
the Weld County ISDS floodplain regulations.
REQUIREMENTS:
Department of Planning Services
1. The applicant shall request consideration from the Board of County Commissioners for the
partial vacation of USR-1346 for an open pit gravel mine. If approved by the Board of County
Commissioners a new USR-1346 Plat shall be submitted for recording reflecting the
amendment in Special Use Permit boundaries. NOTE: See comment 9 under the Public
Works Requirements.
2. The applicant shall submit written evidence to the Department of Planning Services that the
property described as Part E2SW4 Section 29 Township 2 North Range 68 West and the North
&West of the north Line of CB&Q RR &that part of the NW4SE4 lying North and West of
railroad right-of-way executed under the Denver Utah and Pacific railroad right-of-way has been
reclaimed to the satisfaction of the Division of Reclamation and Mine Safety, and that the Bond
associated with this existing mine has been partially released to reflect the partial vacation of
USR-1346 or has been released in full from all obligations associated with the Division of
Natural Resources.
3. The applicant shall submit a letter to the Department of Planning Services withdrawing
Recorded Exemption (RE-4443) or demonstrate evidence that the location of the boat dock and
overhead shelter are located on lands described as part E2SW4 Section 29 Township 2 North
Range 68 West and the North &West of the north Line of CB&Q RR &that part of the NW4SE4
lying North and West of railroad right-of-way executed under the Denver Utah and Pacific
railroad right-of-way.
4. The applicant shall submit a letter to the Department of Planning Services indicating the
ownership of the water rights to the 30 acre pond, and who has the right to use/maintain/own
the waters associated with the pond.
5. The applicant shall submit a letter to the Department of Planning Services outlining the uses
associated with the ski lake including who uses the ski lake and when it is used.
6. Installation of utilities shall comply with the conditions listed in the Flood Hazard Development
Permit Certificate.
7. Construction shall comply with all requirements/conditions of the Weld County Building Code
and other applicable Codes, Ordinances and standards.
8. All proposed or existing structures will or do meet the minimum setback and offset requirements
for the zone district in which the property is located.
9. Any future structures or uses on site must obtain the appropriate zoning and building permits.
Building Department
1. All residential buildings and accessory structures constructed in a flood hazard area
shall meet the requirements of Section R324 2006 International Residential Building
Code.
2. All buildings and structures erected in areas prone to flooding shall be constructed by
methods and practices that minimize flood damage.
3. Building materials used below the design flood elevation shall comply with the
following:
a. All wood, including floor sheathing, shall be pressure-preservative-treated in
accordance with AWPA U1 for the species, product, preservative and end use or
be the decay-resistant heartwood of redwood, black locust or cedars.
Preservatives shall be listed in Section 4 of AWPA U1.
b. Materials and installation methods used for flooring and interior and exterior walls
and wall coverings shall conform to the provisions of FEMA/FIA-TB-2.
4. All electrical equipment shall be above BFE.
Page 3 of 4
M\PLANNING-DEVELOPMENT REVIE\MFHDP-Flood Hazard Development Permit 594 Virginia Shaw Boat Dock 8 Shelter\FHDP-594 Virginia Shaw Conditional Approval Draf.doc
Public Works Department
1. Recreational vehicles and trailers shall be stored onsite for a maximum of 180 days, must be
fully licensed and properly equipped for highway usage, and shall be anchored to prevent
floatation during the 100-year flood event.
2. Structures including boat dock, picnic shelter, and any other floatable structures shall be
anchored to prevent floatation during the 100-year event.
3. Any fill material in the floodplain must be designed to withstand the erosional forces associated
with the 100-year storm, as required under Item 8 of the Floodplain Management Standards on
Page 4 of the Weld County FHDP application instructions.
4. Any future proposed development activities on this parcel that fall within the FEMA-defined 100-
year floodplain shall not cause a rise in the BFE on adjacent or upstream properties or
structures, as required by Item 6 of the Floodplain Management Standards (Page 4 of the Weld
County FHDP application instructions).
5. Any future activities that may cause adverse flooding impacts must be approved through an
amended flood hazard development permit (AmFHDP). Future development activities will
require hydrologic and hydraulic modeling to show that the activity is not adversely impacting
the floodplain on adjacent properties. Future development activities will have to be submitted to
FEMA for their review and acceptance.
6. Future water wells, water supplies, or treatment systems shall be designed and certified by a
registered professional engineer to prevent inundation or infiltration of floodwater into such a
system by the 100-year flood.
7. Future sanitary sewer systems shall be designed and certified by a registered professional
engineer to prevent inundation or infiltration of floodwater into such a system by the 100-year
flood. The system must comply with the Weld County I.S.D.S. code.
8. Future development shall be in compliance with all Federal, State, and Local codes in effect at
the time the development occurs.
9. Prior to vacation of any portion of USR-1346, it must be demonstrated that the gravel pit
reclamation has not adversely impacted adjacent neighbors and has not modified the FEMA-
designated floodplain. In order to show that the floodplain has not been modified, it may be
necessary to compare pre-mining topography to the reclamation topography and show that the
floodplain has not been adversely modified in terms of base flood elevations or extents of the
floodplain limits.
RECOMMENDATIONS:
The Weld County Public Works Department can conditionally approve this FHDP application at this
time.
Sincerely,
ilvitrc-
Clay Immi, P.E., C.F.M.
Weld County Public Works
Original: Michael&Virginia Shaw,Applicant
CC to File: FHDP-594
PC by Post: Kim Ogle,Planning Services
Frank Piacentino,Building Inspections
Lauren Light,Environmental Health
Lin Dodge,Planning Services
Michelle Martin,Planning Services
Page 4 of 4
M'\PLANNING—DEVELOPMENT REVIEV\FHDP-Flood Hazard Development Permi0594 Virginia Shaw Boat Dock 8 Shelter\FHDP-594 Virginia Shaw Conditional Approval Draft doc
•
DEPARTMENT OF PLANNING SERVICES
♦' 1555 N. 17`" AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
giv
E-MA L: slockman@co.weld.co.us C: PHONE I (970) 3FAX 9(970) 304-6498
COLORADO
February 11, 2004
Eric Reckentine
Lafarge North America Inc.
1400 W 64th Ave.
Denver, CO 80221
Dear Mr. Reckentine,
The Department of Planning Services has reviewed the request to temporarily haul overburden material
from the Shaw sand and gravel operation to several local construction sites. The Department would not
require a new Use by Special Review application if the following criteria can be met:
1) All locations for delivery be outlined.
2) Evidence that all haul routes have been approved by the Weld County Department of Public Works
and the proper agreements are in place.
3) All required road improvements are completed prior to delivery of material.
4) No more that 100,000 cu. yds of overburden is delivered on the alternative routes.
5) Hauling on alternative routes shall not extend beyond 6 months.
6) Any legitimate complaints from citizens adjacent to the new haul route shall be addressed
immediately by Lafarge.
If you have further questions or concerns please contact our office at the above phone number or
address.
Sincerely,
:/ /71;/, e:Iii
Sheri Lockman
Planner II
Weld iiy Planning Departm^
GREELEY OFFICE
fLAFARGE JAN 3 0 Zow
NORTH AMERICA
Construction Materials C 1�
January 28, 2004
Ms. Sheri Lockman
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Shaw Sand and Gravel Operation, Weld County USR#1346
Dear Ms. Lockman:
Lafarge West, Inc.'s (Lafarge) is permitted for mining activities at the Shaw Sand and Gravel
Operation, Colorado Mined Land Reclamation Board (MLRB) Regular(112) permit M-2001-
094 and under Weld County USR#1346.
Lafarge is requesting the County to temporarily allow Lafarge to haul overburden material along
county roads from the Shaw Property(Property) to local construction activities. Currently,
Lafarge would anticipate hauling 100,000 cu. yds of overburden material from the Property for a
period of approximately 4 to 6 months. Local contractors are very interested in utilizing the
overburden material as construction fill at several locations in this area. By allowing Lafarge to
temporarily haul material from the Site, Lafarge will be able to minimize the visual impacts of
the overburden stockpiles in a more-timely manner. Lafarge is willing to work with the Public
Works Department to discuss best routes and any maintenance conditions that may apply.
There will be no change in the total acres under the permit, and all final resolutions outlined by
Weld County Board of County Commissioners and Weld County Planning Department will
remain unchanged excluding the temporary right to haul overburden material from the site using
county roads.
Lafarge is hereby requesting that Weld County Planning Department consider and approve this
temporary variance to the trucking restrictions for the Shaw Property.
Should you have questions or need clarification, please call me at 303-657-4330.
Sincer ,
Eric Reckentine
Colorado Land Manager \i*
r
LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials
1400 West 64th Avenue, Denver,Colorado 80221
Telephone:(303)657-4000 Facsimile:(303)657-4037
.t.;\::,
a
DEPARTMENT OF PLANNING SERVICES
1555 N. 17'"AVENUE
GREELEY, COLORADO 80631
' WEBSITE: www.co.weld.co.us
C HONE slockman@co.weld.co.us
O PHONE (970)353-6100, EXT. 3540
FAX (970)304-6498
COLORADO
November 24, 2003
Madoline E.S. Wallace
Bernard, Lyons, Baddis and Kahn
PO Box 978
Longmont, CO 80502-0978
Dear Ms. Wallace,
Our records indicate that you represent the Smith and Emmons Ditch Company , the Godding Ditch
Company and the Rural Ditch Company. Lafarge has requested to amend the Shaw Sand and Gravel
Operation. The Department of Planning Services has determined that the proposed changes do not
substantiate a substantial change and therefore would not require an amendment to their existing Use by
Special Review Permit. Enclosed you will find copies of the request from Lafarge and Planning Services
response.
Should you,for any reason, wish to appeal this decision you must contact our office within 30 days from
the date of this letter. If you have questions or concerns, please contact me at the above address or call
(970) 353-6100 ext. 3540.
Sincerely,
fe i ui l
•
Sheri Lockman
Planner II
DEPARTMENT OF PLANNING SERVICES
1555 N. 17`"AVENUE
GREELEY, COLORADO 80631
I WEBSITE: www.co.weld.co.us
CoL: slockman@co.weld.co.us
PHONEI (970) 353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
November 24, 2003
Eric Reckentine
Lafarge West, Inc.
1400 West 64th Avenue
Denver, CO 80221
Dear Mr. Rechkentine,
This letter is in response to your letter dated November 6, 2003 regarding the changes to the Shaw Sand
and Gravel Operation, USR-1346. Planning Staff has determined that the proposed amendments as
outlined in the November 6 letter, would not be a substantial change to Use by Special Review Permit
1346 should you not be able to complete agreements to move Idaho Creek. An amendment to the USR
would not be required.
To ensure proper notification of this decision, the Department of Planning Services has informed Madoline
E.S. Wallace with Bernard Lyons Baddis and Kahn, Attorney for the Smith and Emmons Ditch Company ,
the Godding Ditch Company and the Rural Ditch Company.
If you have further questions or concerns, please contact me at the above address or call (970) 353-6100
ext. 3540.
Sincerely, 9
,i41/12 /k117/1fri:rt,
Sheri Lockman
Planner II
li' ar, ak
'LAFARGE
'4I
. ' D
November 5, 2003
Ms. Sheri Lockman
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Shaw Sand and Gravel Operation, Weld County USR #1346
Dear Ms. Lockman:
Lafarge West, Inc.'s (Lafarge) permit for the Shaw Sand and Gravel Operation, Colorado Mined
Land Reclamation Board (MLRB) Regular(112) permit M-2001-094,requires an amendment to
the permit to proceed with mining in a timely manner that will adhere to schedules set forth by
Lafarge and contractual obligations with the landowner. In addition, the permit amendment will
correct potential notification errors identified by the Mine Land Reclamation Board following
issuance in 2001 as addressed in a letter dated March 25, 2003.
The MLRB Permit M-2001-094 (Shaw Permit) stated that Lafarge would relocate Idaho Creek
as part of the mining process at two locations. The initial and amended Mine Plan Exhibit C and
Exhibit F Reclamation Plan drawings are attached to this letter. Lafarge has adjusted the mine
plan and reclamation plan drawings and amended the MLRB permit to reflect the possible
scenario that Idaho Creek will not be relocated until agreements with all third parties are reached.
Lafarge is currently under negotiations with the Smith and Emmons Ditch, the Rural Ditch, and
the Godding Ditch Companies for contractual agreements to move Idaho Creek following
approval of engineering designs and to sign waivers of notification. Lafarge is concurrently
under negotiations with the Department of the Army(DA)in regards to Permit Application
Number 200180876 for a 404 wetlands mitigation permit that would allow Lafarge to relocate
Idaho Creek and all jurisdictional wetlands associated with Idaho Creek.
Lafarge is required to amend the Shaw Permit based upon the uncertainty the DMG has
regarding the timing of acquiring all third party agreements. Also, Lafarge is uncertain that once
the agreements are acquired there will not be enough time allowed in the lease agreement
Lafarge holds with the Shaw Family to complete mining in its entirety.
Modifications to the Shaw Permit address the issue of the relocation of Idaho Creek by adjusting
the mine plan and reclamation drawings to show a 60-foot mining offset from Idaho Creek. The
60-foot mining offset reflects the distance determined acceptable by Scott, Cox & Associates,
Inc. (Engineer) in an October 15, 2003 Slope Stability Analysis and Offset Recommendation.
The Engineer's recommendation states a minimum setback of 60 ft. from any man-made
structure will afford adequate protection from the risk of slope instability. Lafarge states in the
Shaw Permit amendment that Idaho Creek will only be relocated for mining following agreement
from the ditch companies and approval of the COE 404 permit. Therefore, the affected acres and
acres of disturbance will be potentially less due to the 60-foot mining offset from Idaho Creek, or
remain as stated in the original Shaw Permit if all third party agreements are acquired.
The Colorado Mined Land Reclamation Board is requiring Lafarge to amend its 112 permit to
effect this change in the relocation of Idaho Creek. The neighbors adjacent to the land are the
same as those notified in the original permitting process and will be renotified, as will all of the
owners of man-made structures within 200 feet of the existing permitted ground, as part of the
112-amendment process.
There will be no change in the total acres under the permit, or potentially less affected acres, all
final resolutions outlined by Weld County Board of County Commissioners and Weld County
Plaiming Department will remain unchanged as part of this permit amendment, all the neighbors
and owners will be notified of the intended permit change, therefore, we are hereby requesting
that Weld County Planning Department consider and approve this change to the Shaw Permit
through a staff decision.
Should you have questions or need clarification, please call me at 303-657-4330.
Thank you for your assistance.
Sincerely,
Lafarge W , Inc.
r '
Eric Reckentine
Colorado Land Manager
ER/bcb
SHER! Lockman - Re. USR 1346 Page 1
From: LEE Morrison
To: SHERI Lockman
Date: 11/19/03 2:38PM
Subject: Re: USR-1346
Is this an issue with the original approval that the ditch did not get a referral or notice of the original
hearing and the applicant wants to protect themselves . They can always approach the ditch for a letter if
they want. technically your decision that it is not a substantial change could be appealed to BOA so you
could send notice of your decision to the ditch and if they failed to appeal w/in 30 days then they would
lose their right to appeal
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970)356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
>>> SHERI Lockman 11/19/03 2:07 PM >>>
The applicants for this Mining USR are requesting a determination that changes in the plans are not a
substantial change. They originally wanted to move a ditch but can not get a finalized agreement with the
ditch company. Now they say they want to retain a 60 foot setback from the ditch unless they get an
agreement, then they want to proceed as planned. Chris and I looked at the plat and it doesn't seem to be
a substantial change. They would be mining less land. However, their letter refers to errors in notification
and wanting to have the ditch company sign a waiver of notification. Do we have any concerns if we
determine this is not a substantial change without getting something from the ditch company?
CC: Chris Gathman
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources - -!
1313 Sherman St., Room 215
Denver,Colorado 80203 - - -DIVISION O
Phone: (3031866-3567 MINERAL
FAX:(303)832-8106 &-
GEOLOG
RECLAMATIO
CONSTRUCTION MATERIALS .MINING•SAFET
REGULAR(112)OPERATION
Bill Owens
RECLAMATION PERMIT APPLICATION FORM Governor
Greg E.Walther
Executive Director
CHECK ONE: There is a File Number Already Assigned to this Operation Ronald W.Cattany
Acting Division Di scup
Permit# M -_-__ (Please reference the file number currently assigned to this operation)
New Application(Rule 1.4.5) X Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
Permit# M -2001- 094 - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;
(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5 (Geotechnical Stability Exhibit;and(3)the application fee. When you submit your
application,be sure to include one(1)complete signed and notarized IVORY ORIGINAL and one(1)copy of the completed Ivory application
form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotecbniccal Stability Exhibit,and a check for the application
fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"
X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
1. Applicant/operator or company name(name to be used on permit): Lafarge West Inc .
1.1 Type of orgar:7ation(corporation,partnership,etc.): Corporation
1.2 I.R.S.Tax ID.No.or Social Security Number: 25-1531295
2. Operation name(pit,mine or site name): Shaw Pi t
3. Permitted acreage(new or cristino site): 18 0 permitted acres
3.1 Change in acreage(+) 0 acres
3.2 Total acreage in Permit area 18 0 acres
4. Fees:
4.1 New Application 52,344.00 application fee
4.2 New Quarry Application 52,906.00 quarry application
4.4 Amendment Fee 51.938.00 amendment fee
4.5 Conversion to 112 operation(set by statute) 52.344.00 conversion fee
5. Primary commoditie(s)to be mined: Sand and Gravel
5.1 Incidental commoditie(s)to be mined: I. - lbs/Tons/vr 2. / lbs/Tonslvr
3. / lbs/Tons/vr 4. / lbs/Tonslvr 5. / lbs./Tons/NT
5.2 Anticipated end use of primary commoditie(s)to be mined: —64-1,-• Construction Aggregate
5.3 Anticipated end use of incidental commoditie(s)to be mined: NA
Tier4 44' r.:" 1) cc 2�, //.0
-2 -
6. Name of owner of subsurface rights of affected land: See Exhibit 5 "0"
If 2 or more owners,"refer to Exhibit O".
7. Name of owner of surface of affected land: See Exhibit "0"
8. Type of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): X 6th(Colorado) 10th(New Mexico) Ute
SECTION(write number): S 20&29
TOWNSHIP(write number and check direction): T 2 X North South
RANGE(write number and check direction): R .63 69 East X West
QUARTER SECTION(check one): X NE _NW _SE _SW
QUARTER/QUARTER SECTION(check one): NE X NW _SE _SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Four Miles Southeast of Longmont at 4910 Feet
10. Primary future(Post-minin¢)land use(check one):
_ Cropland(CR) _ Pastureland(PL) General Agriculture(GA)
Rangeland(RL) _ Forestry(NR) Wildlife Habitat(WL)
Residential(RS) X Recreation(RC) _ Industrial/Commercial(IC)
_ Developed Water Resources(WR) Solid Waste Disposal(WD)
11. Primary present land use(check one):
Cropland(CR) X Pastureland(PL) Genera'.Agriculture(GA)
_ Rangeland(RL) Forestry(FR) Wildlife Nabitat(WL)
Residential(RS) _ Recreation(RC; _ Industrial/COmmercial(IC)
_ Developed WaterResources(WR)
12. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Front-End Loader with
Conveyor Transport to off-site *eea processing plant .
13. On Site Processing: _ Crushing Screening
13.1 Briefly explain mining method(e.g.truck/shovel): None
List any designated chemicals or acid-producing materials to be used or stored within permit area: None
3 -
14. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Eric Reckentine Title: Colorado Land Manager
Company Name: Lafarge West , Inc .
StreetfP.O.Box: 1400 West 64th Avenue P.O.Box: 21588
City: Denver
State: Colorado Zip Code: 80221
Telephone Number: 1 303 )- 657-4000
Fax Number: f 303 )- 657-4037
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Same as above Tide:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number. J )-
Fax Number: ( )-
INSPECTION CONTACT
Contacts Name: Same as above Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: ( )-
Fax Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if anv)
Agency: NA
Street:
City:
Slate: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency: NA
Street:
City:
State: Zip Code:
Telephone Number. ( )-
4 _
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
Lafarge will -eri-xd• mine 60 feet from Idaho Creek in the North
Parcel . The West Parcel will be -nrtn- mined when agreements with
the ditch companies , to move the ditch, axe complete
Mans and Exhibits:
Five(5)complete,unbound application packages must be submitted One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each
exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered
consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit
With each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4,6.5,and 1.6.2(1)(6):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information •
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
E`uilbi I M Other Permits and Licenses
E TITBIT N Scarce of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities WirhH,-Two Miles
EXHIBIT Q Proof of Mailing&'Notices to Corr: Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum I, and Ceotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(l)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information require_.
or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
•
- 5 -
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore,
there are a number of important requirements which you, as a peiu,ittee, should fully understand. These
requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge
that you understand your obligations. If you do not understand these obligations then please contact this Office
for full explanation.
I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume
legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected
lands associated with your mining operation in the event your permit is revoked and financial warranty is
�/�forfeited;
e _ 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the
permittee violated the terms or conditions of this permit,the Act,the Mineral Rules and Regulations, or that
/f(Q information contained in the application or your permit misrepresent important material facts;
\ 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary,substantial civil penalties, to you as permittee can result
4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
�! 5. It is your responsibility to notify the Office of any changes in your address or phone number;
6. Upon pet issuance and prior to beginning on-site mining activity, you must post a sign: at the
entrance of the mine site, which shall be dearly visible from the access road, with the following information
(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado
Mined Land Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are
clearly visible and adequate to delineate such boundaries prior to site disturbance.
•
( 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions of the Act and the Construction Material
Rules and Regulations in effect at the time the permit is issued.
/7-g9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by
Statute, and an annual report which includes a map describing the acreage affected and the acreage
reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation
Plan to be submitted anmially on the anniversary date of the permit approval. Animal fees are for the
previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995,the annual
fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by
the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your
financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the
Office until the Board releases you from your total reclamation responsibility.
/�/10. For joint venture/partnership operators: the signing representative is authorized to sign this document
\ and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is
attached to this application.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office.
Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the
decision date so that you will know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the
public comment period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals
process, you may contact the Office at (303) 866-3567.
- 7 -
Certification:
As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions:
1. To the best of my knowledge, all significant,valuable and permanent man-made structure(s)in existence at the time
this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e),C.RS.).
2. No mining operation will be located on lands where such operations are prohibited by law(Section
34-32.5-115(4)(f),C.RS.i
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials(Section
34-32.5-120, C.RS.)as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class l misdemeanor pursuant to Section 18-8-503,CRS.
51% `
Signed and dated this arZ day of t✓f ire � , d:.N .Y'j
L - w C S i i! y_ . If Corporation Attest(Seal) �^kky
/
Applicant/Operator or Comp y Name
Signed: Signed: ,47.4...f_././6)//e0
J
• /Corporate Secretary or Equivalent
Title: V /6. 6 G Town/City/County Clerk
State of 11'\kVla(a )
) ss
County of .P-c\(15)11C., )
The foregoing instrument was acknowledged before methis 11A&4 �� day of a� f 1 l�1 - P,, ,
by : \ MC\ C,hl�Inirlyor as VP rn t'-p1); cke, of ckS��(-`'E. �u ln('• .
Notary Public My Commission expires:CZkli "l//�� ((lley( <7>1.�1
SIGNATURES MUST BE L'`BLUE INK
M:tu'rhaehskms'Cmtroctim I12doc (10/15/2001)
LAFARGE WEST, INC.
SHAW PIT
Regular 112 Permit Amendment
To Permit Number M-2001-094
Weld County
Colorado
Submitted to:
COLORADO MINED LAND RECLAMATION BOARD
Prepared By:
Lafarge West, Inc.
Land Department
GL 411.2
November 2003
TABLE OF CONTENTS
1.0 EXHIBIT A - PERMIT APPLICATION LEGAL DESCRIPTION (No change
to existing permit)
2.0 EXHIBIT B - INDEX MAP (No change to existing permit)
3.0 EXHIBIT C - PRE-MINING AND MINING PLAN MAP OF AFFECTED LANDS
(60-foot Mining offset from Idaho Creek)
3.1 Immediately Adjacent Land Owners of Record
3.2 Surface Features
3.3 Topography
3.4 Area of Affected Lands
3.5 Vegetation
3.6 Permanent or Man-Made Structures
3.7 Soils
3.8 Water Resources
3.9 Wetlands Delineation
4.0 EXHIBIT D - MINING PLAN (60-foot Mining offset from Idaho Creek)
5.0 EXHIBIT E - RECLAMATION PLAN (60-foot Mining offset from Idaho Creek)
5.1 Post-Mining Land Use
5.2 Reclamation Measures - Materials Handling
5.3 Water
5.4 Wildlife
' 5.5 Topsoiling
5.6 Revegetation
5.7 Buildings and Structures
5.8 Proposed Seed Mix
6.0 EXHIBIT F - RECLAMATION PLAN MAP (60-foot Mining offset from Idaho
Creek)
7.0 EXHIBIT G - WATER INFORMATION (No change to existing permit)
8.0 EXHIBIT H - WILDLIFE INFORMATION (No change to existing permit)
9.0 EXHIBIT I - SOILS INFORMATION (No change to existing permit)
10.0 EXHIBIT J - VEGETATION INFORMATION (No change to existing permit)
2
11.0 EXHIBIT K - CLIMATE INFORMATION (No change to existing permit)
12.0 EXHIBIT L - RECLAMATION COSTS (60-foot Mining offset from Idaho Creek)
13.0 EXHIBIT M - OTHER PERMITS AND LICENSES (No change to existing
permit)
14.0 EXHIBIT N - SOURCE OF LEGAL RIGHT-TO-ENTER (No change to existing .-
permit)
15.0 EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND
15.1 Owner of Affected Land (No change to existing permit)
15.2 Owner of Substance to be Mined (No change to existing permit)
16.0 EXHIBIT P -MUNICIPALITIES WIHTIN TWO MILES (No change to existing
permit)
17.0 EXHIBIT Q-PROOF OF MAILING NOTICIES
18.0 EXHIBIT R-PROOF OF FILING WITH COUNTY CLERK AND RECORDER --
19.0 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES (No change to
existing permit)
ADDENDUM 1 - NOTICE REQUIREMENTS ATTACHMENTS
3
1.0 EXHIBIT A-PERMIT APPLICATION LEGAL DESCRIPTION
There are no changes to this exhibit from the existing permit#M2001-094.
4
2.0 EXHIBIT B - INDEX MAP
There are no changes to this exhibit from the existing permit.
5
3.0 EXHIBIT C - PRE-MINING AND MINING PLAN MAP OF AFFECTED
LANDS
3.1 Immediately Adjacent Land Owners of Record-.
Property ownership information for immediately adjacent surface landowners of
record is contained at the end of this exhibit.
3.2 Surface Features
There are no changes to the existing permit for this sub-heading.
3.3 Topography
There are no changes to the existing permit for this sub-heading.
3.4 Area of Affected Lands
The permit area covers 180 acres. The total affected area, including the mine
areas, permanent and temporary overburden and topsoil stockpiles, and access roads will
remain at 130.5 acres. Lafarge will mine 60 feet from Idaho Creek (north area #1), 10
feet from the oxbow wetland in the north parcel (north area #2), and 10 feet from the
jurisdictional wetland in the south parcel (south wetland), all other offsets will remain
unchanged from the original permit. Lafarge will leave the entire west parcel,north area
#1, and north area #2 identified as affected acres in Exhibit C and F. However, Lafarge
will only mine the west parcel and north area #1 following approval of the Corps of
Engineers (COE) site specific 404 permit, reference Corps file #200180876, and
agreement with the ditch companies to move Idaho Creek to the location in the original
permit and relocation engineering drawings. Lafarge will only mine north area #2 upon
approval of the COE site specific 404 permit ref. #200180876.
3.5 Vegetation
There are no changes to the existing permit for this sub-heading.
3.6 Permanent or Man-Made Structures
The only change to any man-made structures from the existing permit is to allow
the option of not relocating Idaho Creek. Under this scenario, Lafarge will not mine
closer than 60-feet to either side of Idaho Creek without the approval of the COE site
specific 404 permit, ref. #200180876 and ditch company agreements to move the ditch.
3.7 Soils
There are no changes to the existing permit for this sub-heading.
6
3.8 Water Resources
There are no changes to the existing permit for this sub-heading.
3.9 Wetlands Delineation
Wetlands have been delineated and will not be disturbed, as seen in Exhibits C
and F. Upon approval of the COE site specific 404 permit, ref#200180876, these areas
will be mined.
7
Property Owners Within 200 ft.
PARCEL
NAME MAILING ADDRESS IDENTIFICATION #
C/O GRANT & GRANT
ANDERSON JAMES E LLP 131332000031
22.11% OF 2/3 INT & 3528 COUNTY RD 28
LONGMONT, CO 80504
7227 REFLECTION BAY
BALMES GREGORY
EARL DR 131329002004
& LISA ANN
ERIE, CO 80516
BRYANT HELEN L 2005 JAMES DR 131330000072
LOVELAND, CO 80538
HAUCK PRESERVE AT 1598 HWY 52 131329100030
IDAHO CREEK LLC ERIE, CO 80516
HENZE TERRY A & JILL 7253 WCR 3 ''A 131329301004
C ERIE, CO 80516
HEPP JOHN M & 7167 REFLECTION DR 131329002003
ERIE, CO 80516
HOGLUND DAVID A 7257 WELD CO RD 3 '/< 131329301002
ERIE, CO 80516
KLOEPFER STEVEN P 1435 COUNTY RD 16.5 131329100029
LONGMONT, CO 80504
KOBOBEL WILLIAM 7909 WELD CO RD 5 131320000055
EDWARD &MARGARET LONGMONT, CO 80501 131329000061
1400 W 64 AVE 131329000078
LAFARGE WEST INC PO BOX 21588 131320000075
DENVER, CO 80221
OLBERDING JACK L 7251 WELD CO RD 3 '/4 131329301005
TRUSTEE (1/2 NT) & ERIE, CO 80516
PAUL WINIFRED C & 7255 WELD CO RD 3 'A 131329301003
TRACY L ERIE, CO 80516
RASMUSSEN HOWARD 1754 WELD CO RD 16 '/2 , 131329000026
V LONGMONT, CO 80501 131329000045
REFLECTION BAY 2185 PINEDROP LN 131329002006
HOMEOWNERS ASSN GOLDEN, CO 80401
7227 REFLECTION BAY
REFLECTION BAY
DR 131329002007
HOMEOWNERS ASSN
ERIE, CO 80516
SHAW FAMILY LLLP P O BOX 1227 131329000028
LONGMONT, CO 80502 131329000076
STROMQUIST FAMILY 12189 OXFORD RD 131321300047
TRUST & LONGMONT, CO 80501
WIDERQUIST JOHN C & 1128 WELD CO RD 16 1/2 131329301001
SANDRA G LONGMONT, CO 80504
WILLIAMS FAMILY 8876 ROGERS RD 131330000029
FARM LLC LONGMONT, CO 80503 131320000067
U.S.BUREAU OF P.O. BOX 25007, MAIL
STOP D, DENVER, CO 131332000027
RECLAMATION
80225-0007
Large maps available for viewing in the
Clerk to the Board's Office, Public Review
file.
4.0 EXHIBIT D - MINING PLAN
The mining plan would be the same as the existing permitted mining plan with the
exceptions that north area #1, north area #2, the entire west parcel, and the south wetland
would remain unmined.
North area #1 and the west parcel will be mined upon completion of agreements
with the ditch companies to move Idaho Creek and approval of COE site specific 404
permit, ref. #200180876. North area #2 will be mined upon approval of COE site
specific 404 permit, ref. #200180876 and the south wetland will not be mined.
8
5.0 EXHIBIT E - RECLAMATION PLAN
5.1 Post-Mining Land Use
There are no changes to the existing permit for this sub-heading.
5.2 Reclamation Measures -Materials Handling
There are no changes to the existing permit for this sub-heading.
5.3 Water
There are no changes to the existing permit for this sub-heading.
5.4 Wildlife
There are no changes to the existing permit for this sub-heading.
5.5 Topsoiling
There are no changes to the existing permit for this sub-heading.
5.6 Revegetation
There are no changes to the existing permit for this sub-heading.
5.7 Buildings and Structures
There are no changes to the existing permit for this sub-heading.
5.8 Proposed Seed Mix
There are no changes to the existing permit for this sub-heading.
9
6.0 EXHIBIT F- RECLAMATION PLAN MAP
10
Large maps available for viewing in the
Clerk to the Board's Office, Public Review
file.
7.0 EXHIBIT G - WATER INFORMATION
There are no changes to this exhibit from the existing permit.
11
8.0 EXHIBIT H - WILDLIFE INFORMATION
There are no changes to this exhibit from the existing permit.
12
- 9.0 EXHIBIT I - SOILS INFORMATION
There are no changes to this exhibit from the existing permit.
13
10.0 EXHIBIT J - VEGETATION INFORMATION
There are no changes to this exhibit from the existing permit.
14
11.0 EXHIBIT K- CLIMATE INFORMATION
There are no changes to this exhibit from the existing permit.
15
12.0 EXHIBIT L -RECLAMATION COSTS
The original permit application showed the following estimated cost to reclaim
the Shaw Pit based on a maximum disturbed area of 75 acres. The south parcel has been
mined and is currently being reclaimed. Reclamation of the south parcel will continue
concurrently with the mining of the north parcel. The maximum disturbed acreage will
occur when the north parcel is mined out. This acreage will be 50 acres.
12.1 Compacted Backfill for Water Storage (50acres)
415,000 yd3 at $1.25/ yd3- $518,750.00
12.2 Site Prep
25.5 acres at $50/acre = $1,275.00
12.3 Reseed
25.5 acres at $500/acre= $12,750.00
12.4 Weed Control
- 3 years = $9,150.00
12.5 Total Estimated Direct Cost $541,925.00
16
13.0 EXHIBIT M - OTHER PERMITS AND LICENSES
There are no changes to this exhibit from the existing permit.
17
14.0 EXHIBIT N- SOURCE OF LEGAL RIGHT-TO-ENTER
There are no changes to this exhibit from the existing permit.
18
15.0 EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND
15.1 Owner of Affected Land
There are no changes to this exhibit from the existing permit.
15.2 Owner of Substance to be Mined
There are no changes to this exhibit from the existing permit.
19
16.0 EXHIBIT P- MUNICIPALITIES WITHIN TWO MILES
There are no changes to this exhibit from the existing permit.
•
20
18.0 EXHIBIT Q - PROOF OF MAILING OF NOTICES
A copy of the mailed notice and a certified mail receipt as verification of the
required notice to the Longmont Conservation District is attached. A copy of the mailed
notice and a certified mail receipt as verification of the required notice to the Weld
County Board of County Commissioners is attached. Copies of the permit application
accompanied both of these notices.
Certified mail receipts of the notice to property owners will be mailed to the
Division of Minerals and Geology once the Division of Minerals and Geology notifies
Lafarge that the Shaw Pit Amendment Application is complete. A list of owners to be
notified is attached.
21
CERTIFIED MAIL
7002 3150 0001 7649 9723
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
WELD COUNTY
Lafarge West, Inc. (the "Applicant/Operator") has applied for a Regular(112) reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of
construction materials operations in Weld County. The attached information is being provided to
notify you of the location and nature of the proposed operation. The entire application is on file
with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational use. Pursuant to Section
34-32.5-I 16(4)(m), C.R.S., the Board may confer with the local Conservation Districts before
approving of the post-mining use. Accordingly, the Board would appreciate your comments on the
proposed operation. Please note that, in order to preserve your right to a hearing with the Board on
this application, you must submit written comments on the application within twenty(20) days of
the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215,
Denver, Colorado 80203, (303) 866-3567.
CERTIFIED MAIL.
LAFARGE UU I UU II - cl
NORTH AMERICA 7002 3150 0001 7649 9723 - _
_ _
Western US.Region
1000 W.64th Ave l t,,
P.O.BOX 21568 •
Denver.Colorado 80221-0588
Longmont Conservation District
9595 Nelson Road
Box D
Longmont, CO 80501
U.S.Postal Service.
m CERTIFIED MAIL.RECEIPT
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CERTIFIED MAIL
7002 3150 0001 7649 9716
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Lafarge West, Inc. (the "Applicant/Operator") has applied for a Regular(112)reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of
construction materials operations in Weld County. The attached information is being provided to
notify you of the location and nature of the proposed operation. The entire application is on file
with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational use. Pursuant to Section
34-32.5-116(4), C.R.S., the Board may confer with the local Board of County Commissioners
before approving of the post-mining use. Accordingly, the Board would appreciate your comments
on the proposed operation. Please note that, in order to preserve your right to a hearing with the
Board on this application, you must submit written comments on the application within twenty (20)
days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215,
Denver, Colorado 80203, (303) 866-3567.
H�IiAJI4't1f1dI1
jI%FAI%G E ifi U HTh II I U . . _
NORTH AMERICA 7002 3150 0001 7649 9716
Western as.Region
1400 W.64th Ave
V.O.BOX 21588
Denver.Colorado 00225-0588
•
Weld County
Board of County Commissioners
915 10th Street
Greeley, CO 80632
U.S.Postal Service.,
CERTIFIED NAIL RECEIPT
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M1 9 3
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19.0 EXHIBIT R- PROOF OF FILING WITH COUNTY CLERK AND
RECORDER
A receipt and proof of filing with the Weld County Clerk and Recorder's Office
is attached.
22
20.0 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES
An appropriate engineering evaluation is provided consistent with the
requirements of 115(4)(e). The applicant does not believe that the proposed mining
operation will adversely affect the stability of any significant, valuable, or permanent
man-made structure located within 200 feet of the affected land. Minimum setbacks from
all permanent or man-made structures shall be based on a ratio of horizontal distance to
vertical distance of 3:1 with the vertical distance equal to the depth of bedrock in the
mined area.
•
23
eff SCOTT, COX & ASSOCIATES, INC. consulting engineers • surveyors
ci.
M. Edward Classgow, IV, RE. • William H. Mitzelield, RE.
October 15, 2003
Lafarge
- 1400 W 64th Avenue
P.O. Box 21588
Denver, Colorado 80221-0588
Project: 01645
Ladies and Gentlemen:
At your request, and pursuant to the rules and regulations of the Colorado Mined Land
Reclamation Board (6.4.19 — Permanent Man-Made Structures), Mr. Ed Glassgow, P.E.,
Scott, Cox & Associates, Inc. reviewed Western Mobile's existing geologic data (boring
- logs) and conducted a field inspection of Western Mobile's Shaw Property (located
north and south of Weld County Road 16 ' and primarily east of Weld County Road 3
1/4 with a small portion west of Weld County Road 31/4 on the northern portion) in Weld
County, Colorado. The purpose of this inspection and data review was to provide
Western Mobile with offset recommendations between areas proposed for excavation
and existing permanent man-made structures. Additionally, we were asked to provide
an opinion regarding offset from waterways, such as Idaho Creek and major ditches.
The available boring log documentation (a total of 102 borings completed at scattered
locations across the site) shows that the soils at this site consist of an average of
approximately 4.7 feet of overburden (consisting of topsoil, clay, sand and
undifferentiated materials logged just as overburden) atop an average of approximately
9.0 feet of sand and gravel (although it is unclear if the full gravel section was
penetrated in some of the borings). The groundwater table was not on very many of the
boring logs that we reviewed. However, the groundwater level on the logs that we
reviewed and at nearby investigations that we have completed has ranged from depths
of approximately 5 to 15 feet below the existing ground surface. The depth of the
deeper borings ranged from approximately 15 feet to 20 feet. We assume that the
borings were terminated at the bottom of the gravel layer, which would typically be
claystone bedrock in this area. Therefore, it is anticipated, from our review of the
boring logs that the pit depth could range from 15 feet to approximately 20 feet. For the
purposes of this report we will assume a maximum mined depth of 20 feet.
The soils encountered at this site have varying angles of repose. The soils that will
control the stability of the slope are anticipated to be the sand and gravel. Based on our
experience in this area and reference geotechnical engineering literature
("Fundamentals of Geotechnical Analysis" by I. S. Dunn, L. R. Anderson and F. W.
Kiefer) an anticipated conservative angle of internal friction for this material is
153(1 55th Street • Boulder, Colorado 80.303 • 13031 444-3051 • Fax: i(1L 444-4387
Project: 01645
Page 2
approximately 26°. This is based on the assumption that dewatering will keep the face
of the pit moderately dry during the period of time that the pit is active. This
corresponds to a slope of just over 2:1. It has been our experience that the risk of
instability at that slope is low. However, due to the potential layering and lensic nature
of the soils at this site, we are recommending a maximum slope of the pit walls of 3:1 (3
horizontal to 1 vertical). Therefore at a maximum assumed depth of mining of 20 feet, a
minimum setback of 60 feet from any man made structure will afford adequate
protection from the risk of slope instability.
Waterways present a somewhat increased risk of instability due to the continued
presence of a source of water and the fact that it is likely that the groundwater table will
slope upwards toward the elevation of the water surface elevation in the waterway.
Therefore, we recommend that there be an offset of a minimum of 50 feet from
waterways, where no mining takes place. From that point, the 3:1 slope discussed
above would be applicable. We have reviewed the layout of the proposed mining cells
and have noted that it appears that the mining plan has assumed an offset of 50 feet.
Thank you for consulting with us on this phase of the project. If you have any
questions concerning this report, please do not hesitate to contact us.
Sincerely,
„,ml;ruur;q. SCOTT, COX AND ASSOCIATES, INC.
n ac'r,;. ,6,
Ot.
J�� `lye
By
'V� . M. Edwar lassgow, PE
"USI0NAI Professional Geologist
Ditch Companies
Can & Tyler Ditch Company
c/o Lucy Stromquist
12189 Oxford Road
Longmont, CO 80501
Godding Ditch Company
c/o Francis Gregerson
5584 WCR 24
Longmont, CO 80504
Houck No. 2 Ditch
c/o Virginia Shaw
P.O. Box 1227
Longmont, CO 80502
Rural Ditch Company
c/o Frank Sewald
11979 WCR 13
Longmont, CO 80504
Simth & Emmons Ditch Company
c/o William Engelhard
10477 WCR 7
Longmont, CO 80504
Tom Delahant Ditch
c/o Luke Stromquist
8646 North 119th
Longmont, CO 80504
ADDENDUM 1 - NOTICE REQUIREMENTS
24
Weill County Planning
GREE t `,
DANIEL F.BERNARD BERNARD LYONS MAR 2 ? 2003 303-776-9900
RICHARD N.LYONS,II GADDIS CX- 11H111\ ,_ FAX 303-413-1003
JEFFREY J.KAHN E-MAIL info@blglaw.com
JOHN W.GADDIS A PROFESSIONAL CORPORATION
BRADLEY A.HALL Mailing address:
ATTORNEYS AND COUNSELORS POST OFFICE BOX 978
STEVEN P.JEFFERS
WENDY SLEE RUDNIK LONGMONT,CO 80502-0978
ANTON V.DWORAK
Street address:
ADELE L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE 515 KIMBARK STREET
March 20, 2003
mwallace@blglaw.Com
Kim Ogle
Weld County Planning Department
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: Proposed Mining of Shaw Property by LaFarge West, Inc. Affecting Idaho Creek
Dear Kim:
Please find enclosed two letters regarding the proposed mining activity on the Shaw property in
Sections 20 and 29, Township 2 North, Range 68 West of the 6th P.M. in Weld County, Colorado
by LaFarge West, Inc. ("LaFarge"). As part of the proposed mining activity, LaFarge plans to
realign 2850 linear feet of Idaho Creek. Idaho Creek is not a natural stream but is an irrigation
ditch owned by water users who use Idaho Creek to carry water from Boulder Creek to their
individual irrigating ditches. Our clients the Smith and Emmons Ditch Company, the Godding
Ditch Company and the Rural Ditch Company (collectively"Ditch Companies") own interests in
Idaho Creek along with the owners of the Delehant Ditch, the Hauck Ditch No. 2 and the Carr &
Tyler Ditch. The Ditch Companies respectfully request that Weld County condition any land use
approval on LaFarge obtaining a written agreement from the Ditch Companies allowing LaFarge
to realign Idaho Creek.
Please call if you have any questions or wish to discuss the Ditch Companies requests.
Best regards,
BERNA:.!, .YO .., GADDIS & KAHN,
a Pr• ession. C r � ration
B ,
ado in, E.S :1 ace
MEW:mew
Enclosures
cc: Francis Gregerson, Godding Ditch Company(w/o enclosures)
William L. Engelhard, Smith & Emmons Ditch Company(w/o enclosures)
Frank Sewald, Rural Ditch Company(w/o enclosures)
GG:1Clients\G\GODDD\LaFargekt Ogle Re Idaho Creek.doc 3/20/03
CAIVIFac.l a/400- 3/Qif-2c03 (,t5/Z"# /3r1‘
2003-0758 PL i5g�
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS & KAHN FAX 303-413-1003
JEFFREY J.KAHN E-MAIL info@blglaw.com
JOHN W.GADDIS A PROFESSIONAL CORPORATION
BRADLEY A.HALL ATTORNEYS AND COUNSELORS Mailing address:
STEVEN P JEFFERS POST OFFICE BOX 978
WENDY SLEE RUDNIK LONGMONT,CO 80502-0978
ANTON V.DWORAK Street address:
ADP F L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE 515 KIME1ARK STREET
March 17, 2003
rnwallacena,blglaw.corn
Ms. Erica Crosby
Division of Minerals and Geology
1313 Sherman Street
Room 215
Denver, Colorado 80203
RE: Shaw Pit Mining Plan (No. M-2001-094)for LaFarge West, Inc. and Proposed
Realignment of Idaho Creek
Dear Ms. Crosby:
You and I recently spoke regarding the Shaw Pit Mining and Reclamation Plan ("Mining Plan")
for Sections 20 and 29, Township 2 North, Range 68 West of the 6th P.M. in Weld County,
Colorado by LaFarge West, Inc. ("LaFarge"). As part of the proposed mining activity, LaFarge
plans to realign 2850 linear feet of Idaho Creek. Idaho Creek is not a natural stream but is an
irrigation ditch owned by water users who use Idaho Creek to carry water from Boulder Creek to
their individual irrigating ditches. Our clients the Smith and Emmons Ditch Company, the
Godding Ditch Company and the Rural Ditch Company (collectively "Ditch Companies") own
interests in Idaho Creek along with the owners of the Delehant Ditch, the Hauck Ditch No. 2 and
the Can& Tyler Ditch.
You indicated that Department of Minerals and Geology ("the Division") conditioned its
approval of the Mining Plan on LaFarge obtaining written consent from the owners of Idaho
Creek to realign Idaho Creek. You noted that the Division received consent from the owners of
Hauck Ditch No. 2 but that LaFarge did not indicate that additional consent was necessary.
LaFarge failed to obtain consent to realign Idaho Creek from the Ditch Companies and the
owners of the other two ditches. The Ditch Companies respectfully request that the Division
inform LaFarge that it has not fulfilled the Mining Plan's condition and that it must obtain
permission from all of the owners before doing any acts that may interfere with Idaho Creek's
prescriptive easement. Incidentally, please find enclosed a letter that our firm wrote on behalf of
the Ditch Companies that demanded that LaFarge enter a written agreement before modifying
Idaho Creek. Please call me if you have any questions or wish to discuss this matter further.
G:\Clients\G\GODDD\LaFarge\Lt-Crosby Re Idaho Creek.doc 3/17/03
BERNARD LYONS
GADDIS & KAHN
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
Ms. Crosby
March 17, 2003
-Page 2 of 2
Best regards,
BERNARD,LYON GADDIS & KAHN,
a Pro - siona I Co � t ion
Mad i1.teE.Sr allace
MEW:mew
Enclosure
cc: Francis Gregerson, Godding Ditch Company
William L. Engelhard, Smith &Emmons Ditch Company
•
Frank Sewald,Rural Ditch Company
Mike Hart,Hart Environmental
Duane Bollig,Lafarge West,Inc.
David A. Bailey, Schwarz, Semenoff,McNab &Bailey,P.C.
3/17/03
G\Cllents\G\GODDD\LaFar9e\LI-Crosby Re Idaho Creek.doc
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II G A!i-ll DDTS & KAHN
303-413-1003
JEFFREY J.KAHN 1 E-MAIL info a@blglaw.com
JOHN W.CADDIS A PROFESSIONAL CORPORATION
Mailing
BRADLEY A.HALL ATTORNEYS AND COUNSELORS BOX 977s:
address:
STEVEN P.JEFFERS POST OFFICE 8
WENDY SLEE RUDNIK LONGMONT,CO 80502-0978
ANTON V.DWORAK Street address:
ADELE L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE 515 KIMBARK STREET
March 17,2003
mwallace@blglaw.com
LaFarge West, Inc.
c/o Duane Bollig
P.O.Box 215001
Denver, Colorado 80221-0599
RE: Shaw§404 Permit Application (No. 200180876) and Proposed Realignment of Idaho
Creek
Dear Mr. Bollig:
Our firm recently reviewed the § 404 permit prepared for LaFarge West, Inc. ("LaFarge") for
proposed mining activity in Sections 20 and 29, Township 2 North, Range 68 West of the 6th
P.M. in Weld County, Colorado. As part of the proposed mining activity detailed in the permit,
LaFarge plans to realign 2850 linear feet of Idaho Creek. As acknowledged in the permit
application, Idaho Creek is not a natural stream but is an irrigation ditch owned by water users
who use Idaho Creek to carry water from Boulder Creek to their individual irrigating ditches.
Our clients the Smith and Emmons Ditch Company, the Godding Ditch Company and the Rural
Ditch Company (collectively "Ditch Companies") own an interest in Idaho Creek along with the
owners of the Delehant Ditch, the Hauck Ditch No. 2 and the Can & Tyler Ditch.
LaFarge cannot unilaterally realign Idaho Creek without the owners' consent. The Ditch
. Companies will not consent to the realignment until LaFarge and the Ditch Companies have
executed a written agreement that allows for the modification of the prescriptive easement for
Idaho Creek. Moreover, the Ditch Companies will not begin to negotiate with LaFarge until
LaFarge agrees to reimburse the Ditch Companies for all legal and engineering fees as well as
administrative costs incurred as a result of reviewing and approving plans and specifications for
the realignment and negotiating and executing a written agreement.
Please call me at your earliest convenience to discuss this matter further.
Best regards,
BERN ' 1,L ON , • 1 DIS & KART,
aProfes.ionalC or
adol' .S. llace
G:CIIenta\G\GOOGG\LaFarBe\Lt-Bollig Re Idaho Creek.doc - 3/17/03
BERNARD LYONS
GADDIS & KAHN
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
Mr. Bollig
March 17, 2003
Page 2 of 2
MEW:mew
cc: Francis Gregerson, Godding Ditch Company
William L. Engelhard, Smith &Emmons Ditch Company
Frank Sewald,Rural Ditch Company
Mike Hart, Hart Environmental
Timothy Carey,United States Army Corp of Engineers
Terry McKee, United States Army Corp of Engineers
Peter Plage,United States Fish and Wildlife Service
Aimee Majewski, State of Colorado, Water Quality Control Division
Erica Crosby, Colorado Division of Minerals and Geology (Permit No. 2001-094)
David A. Bailey, Schwarz, Semenoff, McNab &Bailey,P.C.
G:\Clients\G\GOODD\LaFarge\Lt-Bollig Re Idaho Creek.doc 3/17/03
Hello