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Home My WebLink About840057.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO A USE BY SPECIAL REVIEW MINING PERMIT FOR AN OPEN-CUT GRAVEL PIT - WELD COUNTY CORPORATION - SMITH AMENDMENT TO THE ARMSTEAD GRAVEL PIT 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 held a public hearing on the 28th day of November, 1984 , at the hour of 2 : 00 o 'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Weld County Corporation, Smith Amendment to the Armstead Gravel Pit, P.O. Box 1623 , Aurora, Colorado 80040 , for an amendment to a Use by Special Review Mining Permit for an open-cut wet gravel pit on the following described real estate, to-wit: Part of the SW4, Section 31 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review amendment, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 , 44 . 1 , 44 . 2 and 44 .3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources , Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is 840057 consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. c. The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. d. The amended application was reviewed by the Erie Planning Commission and they found no objection with the proposal. e. The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. f. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County.NOW, REFORE, E IT RESOLVED Commissioners of Weld County, Colorado, b that y the Board application ufor an amendment to a Use by Special Review Mining Permit for an open-cut wet gravel pit on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 1 . The attached Standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prior to recording. 2 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-630 :84 :26 . 3 . The following note being placed on the amended Use by Special Review 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 Operation Standards. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D. , 1984 . ATTEST: ��£ BOARD OF COUNTY COMMISSIONERS r WELD COUNTY, COLORADO Weld County Jerk and Recorder EXCUSED DATE OF SIGNING -AYE and Clerk to the Board Norman Carlson, Chairman BY. 67x�n- Uzi < YL< e) Ja u 'ne Jc on, Pro-Tem D puty County C erk �y APPROVED AS TO FORM: hi 12 �ntner '^" Gene R. Brantner EXCUSED Chuck Carlson County A torne C y �cc ryz/ ,/tnva t n T. Martin OPERATION STANDARDS Smith Amendment to the Armstead Gravel Pit Amended U.S.R. - 630 :84 : 26 1 . The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2 . The open-cut gravel operation shall comply with Section 44 . 4 , Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44 . 5 , Cancellation of Permit. 3 . Vehicular traffic shall ingress and egress onto County Line Road as shown on the submitted amended Use by Special Review plat. 4 . The property owner (s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. If it is determined by the Water Court that an augmentation plan is required, a water augmentation agreement will be made with the appropriate water district and the landowners. 5 . All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of Boulder Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings , and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6 . The access road servicing Amended USR-630 : 84 : 26 shall be paved for a distance of twenty (20) feet from County Line Road to avoid gravel and dirt contamination of the County Line Road pavement. 7. The following signage shall be placed along County Line Road: A. One (1) stop sign at the intersection of the access road and County Line Road to stop trucks and other vehicles prior to their entrance on County Line Road; B. Two (2) advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and with an advisory speed of thirty-five (35) miles per hour. S . The applicant shall comply with the design standards for the Use by Special Review, Section 24 . 5 et seq. , of the Weld County Zoning Ordinance. 9 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 10 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations . 11 . The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services . 12 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards . Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. IIEARL2G CERTIFICATION EL IT :JO. 84-77 RE: USE BY SPECIAL REVIEW - AMENDMENT TO A USE BY SPECIAL REVIEW MINING PERMIT FOR AN OPEN-CUT WET GRAVEL PIT - WELD COUNTY CORPORATION, SMITH AMENDMENT TO THE ARMSTEAD GRAVEL PIT A public hearing was conducted on November 2R , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner (Arrived late) Comuissioner Chuck Carlson , Excused Commissioner John Martin Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated November 12, 1984, and duly pub- lished November 15, 1984, in the La Salle Leader, a public hearing was conducted to consider the application of Weld County Corporation for a Use by Special Re- view, amendment to a Use by Special Review Mining Permit for an open-cut wet gravel pit, known as the Smith Amendment to the Armstead Gravel Pit. Lee Morrison, Assistant County Attorney, read this application into the record. Planning De- partment representative, Rod Allison, read the favorable recommendation of the Planning Commission into the record. (Let the record reflect that Commissioner Brantner arrived during the reading of the Planning Commission recommendation.) Mr. Allison also stated that thirteen Operation Standards were proposed for this application. Gilbert Rindahl came forward to represent the applicant. Mr. Rindahl stated that the applicant is requesting that Operation Standards #6 and #8 B. be deleted. Mr. Rindahl said that the adjacent landowner did not want the berm called for in Operation Standard #6 due to potential problems in the 100- year floodplain. Mr. Rindahl also stated that occasional traffic will need to turn right, which would be conflict with Operation Standard #8 B. Mr. Allison stated that the Engineering Department has indicated that it has no problem with the elimination of Operation Standard #8 B.and the Planning Department has no problem with Operation Standard #6 being eliminated. O.W. Smith, the adjacent landowner, was present and stated his concerns about the danger fion the 100-year floodplain situation if Operation Standard #6 would be left as is. Mr. Rindahl also explained that this is an addition to an existing open-cut wet gravel pit. After further discussion, Commissioner Johnson moved to approve the application of Weld County Corporation, Smith Amendment to the Armstead Gravel Pit, for an amendment to a Use by Special Review Mining Permit for an open-cut wet gravel pit, based upon the recommendations of the Planning Commission, and deleting Operation Standards #6 and #8 B. The motion was seconded by Commissioner Brantner and carried by a unanimous vote. .,i� APPROVED:BOARD OF COUNTY API'EST `� nine4in,,..,' WELD COUNTY,, COLORADO SSIONERS Weld County Clerk and Recorder ')i9- _, .. . 44 and Clerk �to the Board Norman Carlson, Chairman Duty County Clerk J. . e eJo s i\�((.W m 7 Pro-Tem intigGene R. B tner EXCUSED Chuck Carlson .w-iL- is �/J�2�5-�. J T. Martin TAPE #84-128 DOCKET #84-77 LHR 337 ATTENDANCE RECORD DATE: November 28 , 1984 TODAY' S HEARINGS ARE AS FOLLOWS : Docket #84-73 , Final P.U.D. Plan, Ted & Robert Rademacher Docket #84-76 , USR-Accessory stucture greater than 1, 500 square feet-Peterson Docket #84-77 , USR-Amendment to USR Mining Permit - Weld County Corporation Docket #84-72 , USR Development Standards - Colorado Jockey Club PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant ' s name of the hearing you are attending. NAM ADDRESS HEARING ATTENDING 71-111 lac /47-4 L P 1 Roc ¢y l�©u:-i1 14 • ti grrp, J 1/4. U u�I, Ci-2 !aI -Le 'n�-v `isir- p,o.i3e x Sta't i- 'c 1 et —r /iwt Vet -Pr9. (3 l4-b& GtuGzt t/V4- - 72 1616,_La C� -73 0 7 11 5 _ kott u� 7,g(- 3 1 � VGA NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review 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. 84-77 Weld County Corporation Smith Amendment to the Armstead Gravel Pit P.O. Box 1623 Aurora, Colorado 80040 DATE: November 28, 1984 'TIME: 2 : 00 P.M. REQUEST: Use by Special Review - Amendment to a Use by Special aeview Mining Permit for an Open-Cut Wet Gravel Pit LEGAL DESCRIPTION: Part of the SWa, Section 31; Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Debbie Campbell, Deputy DATED: November 13, 1984 PUBLISHED: November 15, 1984, in the La Salle Leader t.. P, Affidavit of Publication STATE OF COLORADO, as. NOTICE County of Weld. 1 �/ /�////(/ pursuant Color m the the Wes of the State L of of Colorado and the Weld County 2on- h to the e,ayoMlc hearing will be said County of Weld, being duly swam. say that held In the Chamber Board of I id uunty et,ol / ounty_Comm �/ ' / �� Colorado,er. 9 Weld County eet, Fatld Cloor, / /i. Center. 915 old Cony Centennial Greeley, ,Colorado:at the time tpecifN, that the same is a weekly newspaper of general the Use Bp bSPecia In any manna �re circulation oA prime end- published in the quested to attend and may be head. . town of -- BE R ALSO KNOWN that the tat and-Mans so cogged by thy Wad • in said county and staler that the notice or odvar -0I the alt ireynslt be C°tmtP lisement, of which the annexed is a true copy, Clomn'gk`of the Clerk a the Board of has been published in said weekly newspaper Weld Coon*marry Cm eimrerojaj��a the C Cantu, 915 for ?L • 101h Street,Third Floor, erode. Greeley.Coo "tvu3el41tVe ------ _ weeks, that the notice was published In the -DaREI'NO.R¢J7 regular and entire issue of every number at said APPUCANT - newspaper_during the penod and time of Pubh. Weld Courtly Corporation cation al said notice and in the ®rah AmeoGnsgt to the Artrrlpd newspaper .caged Pit -proper and ncl in a supplement thereof: that the P.O,Hot 1865 first publication at said notice was contained in -Amon,Colorado 80040 Ilia isfte of a id, newspaper bearing date. ilia � Af) DATE:November 28,198[ day of ,p�� A.�.. 19i� TIME:x:ep P.M. and the last publication thereof, in trier-issue at -REQUEST: Use by Special Review - said,newap,.pet arnq data, the �� day of Amendment to a Use by Special Review Y� -4--"; w�/ !/ Mining Permit for ten,Opu.Cut Wet . 19 : that the said Drawl Pit_ LEGAL DESCRIPTION: i Part of the SW N,Section 31,Township has been published continuously and uninterrupt. 2 North,Ranee 68 West of the 6th P.M.,' P Weld County,Colorado edly during the period of at least fifty-two con- secutive weeks next prior to the first issue thereof BOARD OF COUNTY COMMISSIONERS containing said notice or advertisement above WELD COUNTY,COLORADO referred to: and that said newspaper was al the • BY:MARYANN FEUERSTEIN dine of each of the publications of said notice. COUNTY CLERK AND RECORDER duly qualified far that purpose within the mean. • AND CLERK TO n1E BOARD ing of an act, entitled. "An Act Concerning Legal IY:Mary Rea Oputy Notices, Advertisements and Publications, and DATED:November 12,198¢ the Fees of Printers and Publishers thereof, and to 1 epeal all Acts and Para of Acts m ConflictPTDWhed m the a Selo Leader on'Omndny,November 15,1984. with the Provisions of this Act." approved April 7, 1921, and cli amendments thereof, and particu- larly as amended by an act approved, March 30. an act approved day 18. 1931.pp c ✓ Publisher Subscribed-an sworn to before me this day of A.2. 19 ir My car.:raissien expires /1_./—f Notary Public --- r",:. 2-,ri,'7.:' WC_ir-Lt 54: GicELEY, CC: 8063i II „ A1FJDAVii OFI 'UI3LICATIO FARMER ANDMINER ' • of Colorado and the Weld Countyom Ind Ordinance,a public hearing will be • County of Weld ) -held in the Chambers of the Board of _SS County Commissioners of Weld County State of Colorado ) -Colorado, Weld County Centennial Center., 915 lath Street, First Floor. G,evl,y,Colorado-,yi dw rime specified. • I Ail persons in any manner interested in ' the Usejp Cper:.,LBerleu-nf.;- p • I quested to attend and,oast ov heard. - i' I, J o to Q t 6 l H.. Rig re I do BE IT ALSO KNOWN that the te::and solemnly swear that THE FARMER AND MINER is -a weekly Anap•'so rerrfed oy the Weld County Planning Commission may be mainlined newspaper which is published in the County-of Weld, State of in the office of Clerk to the board of Counts Cots inissioners. loaatd in,Ili, Colorado. and which has general circulation therein; that said Weld County Centennial Center. 915 newspaper has been published continuously and unjterruptedly in Paste Advert ism Ieeruatree,,Terra Floor, Creole_col. said County of Weld fora period of more than fifty-two consecutive DOCKET NO.84.77 a weeks-next prior to theftrst publication of the annexed legal notice A1=pLicAu, or advertisement; that said newspaper has been admitted to the enntot eArin United Slates mailsas second-class matter under the provisions ""'Amendment "`nearav "'I Gravel Pit of the Act of Match 3, 1$79, or any amendments thereto, and that P.U.Box 1623 Aurora.Colorado 80040 said newspaper is a weekly newspaper duly qualified for pub- lishing legal notices and advertisements within the meaning of DAN- November zx.19K4 the laws of the State of Colorado. MI::2:00 P.M. REQUEST: Use by Special Review That the annexed legal notice or advertisement was published • .A,nendment to a Use by Special Review • • ' we-e k I y Mining Permit for an Open-Cut Wet Gravel Mr in the regular and tntire editions of said -Xy newspaper once each LEGAL DESC-RIPTION: week on the same day of-each week for the period of Part or me swn.Section al. wnsnip Q i14. . . . 2 North,Range 68 West of the 6th P.M., Weld County.Colorado • consecutive insertions; and that the first publication of said notice -BOARD or COUNTY COMMISSIONERS WELD COUNTY,COLORADO was in the issue of said newspaper_dated N 0 V e m bP r 22 BY:MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD 19 B4 and that the last publication of said notice was in the BY:Mary Reiff,Deputy issue of said newspa dated //I/ppp / . 19 LEGAL NOTICE DATED:November 13.1984 NOTICE rsday the Farmer 984 Miner on Thursday,November 22.1984. Pursuant to the zoning laws of the State Business Manager Subscribed and sworn to before me this 27th day of I November 1984 My Commission Expires --9—Q6 ' • Notary Public • FEE $ • • 3-1300.02 I DATE: November 3 , 1984 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 28th day of November, 19B4, at 2 : 0D P.M. Docket No. 84-76 - Seymour (Brad) and Joan A. Peterson, USR- accessory structure greater than 1, 500 square feet in a Residential-One (R-1) zoned subdivision Docket No. 84-77 - Weld County Corporation-Smith Amendment to Armstead Gravel Pit, Amendment to a Use by Special Review Mining Permit for an Open-Cut Wet Gravel Bit OFFICE ��OF -THE CLMU( 9 THE BOARD BY: 0MIL l oim1 Deputy The above mentioned hearing 'late -and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION DF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher the following resolu n b� in4roduced for passage by the Weld County Planning Commission. Be Resolved by the WeIN County Planning Commission that the application for: . JJ. . N0V 5 1984 CASE NUMBER: Amended USR-630:84:26 GREELEY. COLO. NAME: Weld County Corporation — Smith Amendment to the Armstead Gravel Pit ADDRESS: T.O. Box 1623, Aurora, Colorado 80040 REQUEST: An amendment to a Use by Special Review Mining Permit for an Open-Cut Wet Gravel Pit LEGAL DESCRIPTION: Tart of the SW14, Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles north of Erie; east of County Line -Road and north of State -Highway 52 Be -recommended favorably to the Board of County Commissioners for the foll-owing reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the -planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as hollows: - This request is in compliance with the Weld County Comprehensive Plan and the Weld County -Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. She Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The -proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . Amend USR-630:84:26 October 30, 1984 Page 2 - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by -Special Review the activity can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. - The amended application was reviewed by the Erie Planning Commission and they found no objections with the proposal. - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and -County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prior to recording. 2. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-630:84:26. 3. The following note being placed on the amended Use by Special Review 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 Operation Standards. Motion seconded by: Sharon Linhart -Amend USR-630:84:26 October 30, 1984 Page 3 Vote: For -Passage Abstain Against Passage Sharon Linhart _Stephen Hamilton Jack Holman Louis Rademacher Bill McMurray Paulette Weaver Doug Graff Lydia Dunbar Bob Ehrlich The Chairman declared the resolution -passed and ordered that a certified copy be lorwardedwith the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Goad, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld Couny, Colorado, adopted on October 30, 1084, and recorded in book No. IX _of the proceedings of the said Planning Commission. Dated the 30th day of October 1984. t x .. ono©a OPERATION STANDARDS Smith Amendment to the Armstead Gravel Pit Amended U.S.R. - 630:84:26 1. The uses -permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.3, Cancellation of Permit. 3. Vehicular traffic shall ingress and egress onto County Line Road as shown on the submitted amended Ilse by Special Review plat. 4. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. If it is determined by the Water Court that an augmentation -plan is required, a water augmentation agreement will be made with the appropriate water district and the landowners. 5. All operations on said -described parcel shall be in conformance with the Weld County Flood Hazard -Regulations including: A. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of Boulder Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 6. The amended Ilse by -Special Review plat shall show a topsoil berm along the -southern boundary of the subject site prior to extracting sand and gravel from _Phase I or Area I in order to mitigate noise impacts on the Smith Mobile Home Park. 7. The access road servicing Amended USR-630:$4:26 shall be paved for s distance of twenty (20) feet from County Line Road to avoid gravel and dirt contamination of the County Line Road pavement. 8. The following signage shall be placed along County sine Road: A. One (1) stop sign at the intersection of The access _road and County Line Road to stop trucks and other vehicles -prior to their entrance on County Line Road; B. One (1) sign at the intersection of the access road and County Line Road indicating no right turn To direct trucks and other Operation Standards Smith Amentment to the Armstead Gravel Pit Pate 2 vehicles prior to thei-r entrance on Couny Line Road of the -specified south-bound -haul route; and C. Two (2) advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and with an advisory speed of thirty-five (35) -miles per hour. 9. The applicant -shall comply with the design standards for the Use tor Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 10. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld -County _Zoning Ordinance. 11. Representatives or members of the Weld County Health department and Weld County Department of Planning Services -shall_ -be granted access onto the mite at any reasonable time in order to insure the operations carried out on the site comply with the development Standards stated hereon and all applicable Weld County :Regulations. ]2. The Use by Special Review area shall be limited to the plans shown hereon and governed -hy the Standards as stated above and all applicable Weld County -Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld -County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. -Any other changes mhall be filed in the office of the Department of Planning _Services. 13. The Property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. Date: October 30, 1984 CASE NUMBER: Amended US-R-630:84:26 NAME: Weld County Corporation - Smith Amendment to the Armstead Gravel Pit ADDRESS: P.D. Box 1623, Aurora, Color-ado 80040 REQUEST: An -amendment to a Use by Special Review Mining Permit Tor an Open-Cut Wet Gravel Pit LEGAL -DESCRIPTION: Part of the SW1-4, Section 31, 12N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles north of Erie; -east of County Line Road and north of State Highway 52 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS -REQUEST BE APPROVED TOR 'THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown Lompliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: This request is in compliance with the Weld County Comprehensive Plan and the Weld -County Extraction Plan, Mineral Resources, Volume II. The Weld County area in -question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resourc-e - conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent _with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted an pages 62-63 of the Comprehensive Plan) . The Proposal is consistent with the intent of the Agricultural Zone District in that the Proposed use noes -not interfere with other agricultural activities in the area nr the County and as a Use by Special Review the activity -can take place in the district. - The activities proposed will be compatible with existing agricultural and rural tesidential uses in the -neighborhood, as well as with projected development in the future. - The amende-d application was reviewed by the Erie Planning Commission and they found no objections with the proposal. - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. ljse by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prior to recording. 2. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-630:84:26. 3. The following note being placed on the amended Use by Special Review 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 Operation Standards. OPERATION STANDARDS Smith Amendment to the Armsttad Gravel Pit Amended U.S R. - 630:84:26 1. She uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials an file with the department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall to grounds for enforcement of Section 44.5, Cancellation of -Permit. 3. Vehicular traffic shall ingress and egress onto County Line Road as shown on the submitted amended Use by Special Review plat. 4. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. If it is determined by the Water Court that an augmentation plan is required, -a water augmentation agreement will be made with the appropriate water district and the landowners. 5. All operations on said described parcel shall be in conformance with the Weld -County Flood Hazard Regulations including: A. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of Boulder Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation - of a health hazard. Fallowing completion of mining, all temporary buildings shall be removed. 6. The amended Use by Special Review plat shall show a topsoil berm along the southern boundary of the subject site prior to extracting sand and gravel from Phase I or Area I in order to mitigate noise impacts on the Smith Mobile Home Park. 7. The access road servicing Amended USR-630:84:26 shall be paved for a distance of twenty (20) feet from County Line Road to avoid gravel and dirt contamination of the County Line Road -pavement. 8. The following signage shall be placed along County Line Road: A. One (1) stop sign at the intersection of the access road and County Line Road to stop trucks and -other vehicles prior to their entrance on County Line Road; B. On-e (1) sign at the intersection of the access road and County Line Road indicating no right turn to direct trucks and other vehicles prior to their entrance on County Line Road of the specified south-bound haul route; and C. Two (2) advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and with an advisory speed of thirty-five (35) miles per hour. 9. The applicant shall comply with the design standards for the Use by Special Review, Section 24.3 et seq. , of the Weld County Zoning Ordinance. 10. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 11. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 12. The Use iby Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN -CUT MINE PERMIT (gravel pits, etc. ) Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-40D0 J XT 400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: —� Township: North, Range: West Zoning _District: Recording Fee: -I Permit Fee: Recording Tee Receipt #: Receipt Number: Application Reviewed By 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 -Sand and gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Wel-d County: LEGAL DESCRIPTION: A porfi-on•of the W 1/2 W 1/2 SW 1/4, Section 31 , Township 2 North, -Range 68 West o e TOTAL ACREAGE: 2. Surface owner(s) of area of 1-and described Name: O.W, and -Billie Jeatddress : 29 Colo. Hwy. 52 Phone: Name: Smith Address: Phone: 3. Owner(s) of mineral rights -to substance -to be mined Name: B.W. Smith Address: 19 Colo. Hwy. Name: thliie Jean Smith 52 Phone: Address: 29 Colo. Hwy. 52 Phone: 4. Source of applicants Legal Right to enter and -to mine on the land described: Not-arized statement (Attach Certified Copy of any Document noted to the _Back of This Form) 5. Address of applicant and _genera] office Applicants address: P.O. l3ox 1623 Aurora, CD X0040 Phone: 751-4514 General Office address: 2305 S. Syracuse Way, #217 Phone: 1596-6846 6. Identify any prior permits for open cut mining held by applicant or affiliated person: USR #630:84:26 and MLRB Permit No. M-84-070 7. Description of -Operation a. Types and number of operating and processing equipment to be employed: This is an amendment to the existing_ URS No. 630:84:2 6 b. Maximum number of employees: 15 and number of shifts: 1 c. Number of stages to be worked: 1 is to be worked: 2 years and periods of time each d. Thickness of mineral deposit: 1 0 feet, and thickness of the overburden: 5 feet -e. "This will be a wet/dry pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Northeast County Line Street Colorado State Highway 52 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): Rangeland b. Source of technical advice for reclamation: Rindahl & AsDoci.ates, I�►� Consulting Engineers c. Explanation of Reclamation Process: Slo es will be graded to insure stability. site wili be reseeaea wi na ive grasses. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Arapahoe STATE OF Colorado r Signature: Ownei/Authorized Agent subscribed and sworn to before me this 2nd day of October � 1984 . __., a_64. - NOT�(RPUBLIC 4 ' Y^cEMmissio, expires November 23, 1987 EXHIH� IT O SOURCE OF LEGAL R I G1-1-f- TO ENTEFR The operator has the legal right to entNr- Lnis t indicated by the following certification. I certify that Weld County Corporation, cper..;t,or :f tAs Amended Smith Pit has the legal right to enter and �i n:•`_ _.And fli gravel on the property described in this application. Signed and sworn to me this 19iy . _ { j day of -1,_ ar62.11U Date No ary Public 2122MJM-234t7--- My Commission a i,,ire • • 0-1 LAND-USE APPLICATION SUMMARY SHEET October 3-0, 1984 CASE NUMBER: Amended USR-630:84:26 NAME: Weld County Corporation - Smith Amendment to the Armstead Gravel Pit ADDRESS: P.O. Eox 1623, Aurora, -Colorado 80040 REQUEST: An amendment to a Use by Special Review Mining Permit for an Open-Cut Wet Gravel Pit LEGAL DESCRIPTION: Tart of the SW 1/4, Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado -LOCATION: Approximately 2.5 miles north of Erie; east of County Line toad and north of State Higway 52 SIZE OF PARCEL: 15 acres for amendment; 63 acres total POSSIBLE ISSUED SUMMARIZED TROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review application for a Mining Permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable -mineral r-esource, such as sand and gravel, should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehen- sive Plan and the. Mineral Resource Study. USR-63D for the Armstead Gravel Pit was approved by the Weld County Planning Commission on May 13, 1984. The Board of County Commissioners approved USR-630 on May 30, 1984. The proposed amendment would add fifteen (15) acres to the -existing 48 acre site. The Department of Planning Services has -not received any objections from surrounding property owners concerning this proposed addition. MSM:sjg FIELD -CHECK FILING NUMBER: Amended USR 630:84:26 DATE OF INSPECTION: October 17, 1984 NAME: Weld County Corporation - Smith Amendment to the Armstead Gravel Pit REQUEST: Use by Special Review Mining Termit for an Open-Gut Wet Gravel Pit LEGAL DESCRIPTION: Tart of the Southwest 1/4, Sec. 31, T2N, R68W of 6th P.M. LOCATION: Approximately 2.3 miles -north of Erie; east of County Line Road and north of State Highway 52 LAND USE: N Boulder Creek, existing gravel pits, Gooding, Dailey & Plumb Ditch, oil well and pump, 2 farm residences, 2 residences. E Pasture, 3 residences, mobile home. S Oil well and pump, pasture, Smith Mobile Home Park, Hwy. 52, -pasture, mobile home, 3 farm residences, cropland. W County Line Road, pasture, 1 farm residence, 2 residences to the southwest. ZONING: N Agricultural E Agricultural S Agricultural, -R-5 W Boulder County COMMENTS: The entire subject site is a 63 acre parcel of _irrigated pasture land; the Smith Amendment is 15 acres of irrigated pasture land. The Use by Special Review mining site is within the 100 year floodplain of Boulder Creek. Improvements on the site include an oil well, tank battery, heater-treater-separator, and gas lines. The proposed gravel pit would utilize the existing roads which service the oil and gas equipment. -The site is relatively flat and it has access to County Line Road, a paved roan. There are 37 residences within a 1/2 mile radius of this proposed gravel pit. By; ItLatiZ Michael 5. Mullen, Current Planner MSM:ch n 1.,:i4 p ftt — ,no' ' l : oz.r• o el: rl,s „ . ..G_...�I .Px'. /I •• x • M.. :x: s4:: :' • • _ • • • x• ! r 25 2. I x• r>Se • tlevir774.9rv• • 41 L. I " r • .Ib `�1 ^y GILCFEST•q CI ;• t I ,Ii . • la... _. i • r , , 11. 31 L[o'., • `�j�' a .. e4. '• • . v c •1 I i • y ._ GREPi o Iz z -rE • '`.•� .Q • " ; °1 ' �S, ' • • I I `V •• I. 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N ! „ j sh ,S 4. `!' 1 4xM₹' .a^ '' i t„?! . ,a it - 4 ,•' S ex�� t via it'll? ~ §: T 334 't rw x to .G •�� ! , i♦ `an' t c x �,7 '1` y � q a� 1 � �� 4;,. i- b' -i� x a �. +k �F z s. ,§�ap f t°+}''.K a's _ .a'a""' i Cd.� I e t fF 5 ii P.': '44 it , ' M } y '' '1' e. Viµ. .i.w} �' '� =Y '� �} . j i,.9 i.sistsCs!ni,?-2. • µ. 1 i .+' ," I C Y }tn. i i ti +. YJ 0- (4:.. t — a .14:i:::4 ,._ ..* ,ii z' f r a , ,• a y , ' n i '"+� . q y',...a� e ' ( r k. 1 y '"Y ;jam y„ ; -,.,. _ ' t,1 .Y j f" f %, ' ". _ `' + y 1T ,4„!;,•-ry- a- 1 &. om ! � T.. �- 'it.:t' t ! /%1 Y nt��t.r •-. ,�. / ,. if Sys tiles DEPARTMENT OF PLANNING SERVICES vt PHONE 1303)3564000 Ext-4400 915 10TH STREET s GREELEY,COLORADO 80631 sg 4I 4,1r *TON? r . `YM 3' • $ � , COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, October 30, 1984, at 1:30 p.m. to review a request for approval of an amendment to a Use by Special Review Mining Permit for 2n nppn-rut wet azTave1 pit from Weld County Corporation---Smith Amendment to the Armetaad Gravel Pit on a parcel of land described as part of the SW1, Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado containing 63 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 30, 1984 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: -La Salle Leader To be published one (1) time by: October j 18, 1984 Received by: .--c %_ Date: / -j C/r-17/ C REFERRAL LIST APPLICANT: Weld County Corporation-Smith Amendment to CASE NUMBER: Amend USR-630:84:26 the Armstead Pit SENT REFERRALS OUT: actrha 19m REFERRALS TO BE RECEIVED BY October 19. 1984 m z o z o F w0 Cl)z F c fA z H W H z Z H Q Z h w e,-,. 0 v z w Hw o 0 0 o x �, w m o m WW' 0 U o n a z W W 0 z v, a z County Attorney (plat only) / v William R. Emerson, Captain �r Weld County Health Department Longmont Fire Protection Dist. 9119 County Line Road / Engineering Department Longmont, Colorado 80501 `�/ 772-0710 County Extension Agent / Longmont Soil Conservation _ / V{ Service 1 XX Office of Emergency Management 9595 Nelson Road P.O. Box D Longmont, Colorado 80501 Erie Planning Commission 71 c/o Town Clerk Water Users Association of Erie Town Hall District X16 �; P.O. Box 98 c/o Wallace Grant Tele � x Erie, Colorado 80516 P.O, Box 978 Longmont, Colorado 80501 old 449-3085 (to be hand delivered) 776-9900 \ State Engineer Don Bogart, Wildlife Biologist XX Division of Water Resources Colorado Division of Wildlife 1313 Sherman St. , Room 818 Denver, Colorado 80203 Northeast Region 317 West Prospect State Highway Department Fort Collins, Colorado 80536 ✓ 1420 2nd Street Boulder County Planning Dept. Greeley, Colorado 80631 i 13th and Spruce Street J Colorado Department of Health P.0. Box 471 Water Boulder, Colorado 80306 Quality Control Division 441-3930 4210 East 11th Avenue Denver, Colorado 80220 Boulder County Public Works Dept / c/o Jack Boyers Louis Rademacher v 2045 13th Street Planning Commission Member P,0. Box 471 13184 Weld County Road 13 Boulder, Colorado 80306 Longmont, Colorado 80501 441-3900 RICHARD D. LAMM FQ 9p.,‘ciGovernor h O' JERIS A. DANIELSON �c o * State Engineer * 1876 */ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 October 19, 1984 Mr. Michael S. Mullen Weld County Planning Department • 915 10th Street Greeley, CO 80631 Re: Smith Amendment to Armstead Gravel Pit - Weld County Corporation Dear Mr. Mullen: As requested, we have reviewed the above mentioned amendment to the application for a gravel pit 2.5 miles north of Erie. The amendment increases the size of the pond from 30 acres to 40 acres. All the comments made in our letter, dated May 11, 1984, are still applicable. We cannot recommend approval of this application until the same issues are addressed. Further, we will order Weld County Corporation to cease opera- tions if our Water Commissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sincerely, di/Dp S n, P.E. Assistant State Engineer HAS/JCM:ma/3687 cc: Jim Clark, Div. Eng. 0CT 221984 Weld Co. Planning Commission .. \. J of.cO<p', RICHARD O. LAMM 7F77 a�9p Governor JERIS A. DANIELSON 2615H * p r State Engineer J876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 u '2n i-'`c,,; -: r J ) ir (303) 866-3581 ii;May 11, 1984 rY 1 1984 Weld Co. Planning Commission Mr. Michael S. Mullen Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Weld County Corporation Armstead Pit -Dear Mr. Mullen: As requested, we have reviewed the above referenced application for a gravel pit 2.5 miles north of Erie. The proposed mining will create a 30-acre pond area after mining. We believe the pond, when reclaimed, will be used by the fish and wildlife that the application indicates exist in the area. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in CRS 37-92-103 as putting the water to beneficial use. Since the source of water for the pond that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to excavation of the gravel pit. Otherwise, Weld County Corporation will be in violation of CRS 37-90-137. Since the proposed gravel pit would be located in an over-appro- priated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. The correct procedure to obtain a well permit is as follows. Weld County Corporation should first file for a well permit with this office. The well permit will be denied since the proposed gravel pit is located in the over- appropriated Boulder Creek basin. Before receiving this denial, Weld County Corporation could submit a plan for augmentation to the Water Court. The augmentation plan should replace the out-of-priority consumptive use asso- ciated with lake evaporation and any other out-of-priority consumptive uses. Upon the court's approval of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. Mr. Michael S. Mullen Page 2 May 11, 1984 The application states that the landowner does not intend a beneficial use to occur from the existence of the pond. Should Weld County Corporation show there will not be a beneficial use of the pit water, the evaporation from the additional pond surface area created by mining would be considered a wasteful use of the ground water. Senior water right holders are rightfully entitled to this water. If there was a wasteful use of water, our Division Engineer would order Weld County Corporation to cease operations in compliance with CRS 37-92-502(2) . The application states water for the operation will be purchased from the landowner. The landowner's water rights are probably adjudicated for agricul- tural use. Therefore, the water rights cannot be used for the mining opera- • tion without a change of use decree from the Water Court. We will review any change of use application when it is filed in the Water Court. The application states that there are three wells approximately 1000 feet from the proposed pit. The application further states that any potential reduction in water level in the well will be supplied from the dewatering operation. While we support the protection of the well, replacement water cannot be supplied from the dewatering operation without including this use in the well permit discussed earlier. 1r1 summary, we cannot recommend approval of this application until the issues discussed in this letter are addressed. Further, we will order Weld County Corporation to cease operations if our Water Commissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma cc: Jim Clark, Div. Eng. chnu use department44 A planning division boulder' comprehensive planning section county pa. bore 471.13th and spruce streets boulder, colorado 80306.441-3930 edword o. tepe land use deportment director October 12, 1984 Michael S. Mullen, Planner • Weld County Department of Planning Services ", is 1 t'r J yk '/ 915 10th Street f 1 Greeley, CO 80631 fly 70,04 I Re: #Amend USR-630 -- k r !:! P 1 1 Dear Mr. Mullen: Thank-you for the opportunity to review the proposed amendment request for the Smith Amendment to the Armstead Gravel Pit. The pit is located in the southwest quarter of Section 31 , T2N, R68W on the east side of County Line Road north of State Highway 52. Boulder County has reviewed other permits for gravel pits in this area and have previously been concerned about the access from the haul road onto County Line Road. The road has recently been reconstructed so site distance problems have been minimized. The Boulder County Comprehensive Plan identifies the easterly portion of Boulder Creek as a trail corridor. In other locations along Boulder Creek and St Vrain Creek, Boulder County has been able to work with the applicant and the reclamation sign so as to facilitate the future acquisition and construction of trail facilities. In addition, Boulder County recognizes that a well designed reclamation plan with appropriate landscaping can provide for future wildlife habitats by increasing total numbers of animals as well as total number of species. Boulder County requests that if this proposal is accepted by Weld County than the applicant install the following signage along County Line Road: a stop sign at the intersection of the Hall route and County Line Road to stop trucks and other vehicles prior to their entering County Line Road; that advisory signs be placed north and south of the Hall route. The advisory signs should be yellow with black letters and note "trucks entering highway" and an advisory speed of 35 miles per hour. Please contact Bruce Johnson with the Boulder County Public Works Department at 441-3900 regarding the specific content of the signs as well as specific placement. ( If you have additional questions, please contact me. Sincerely, / Ted Coffelt/ Planner TC/cl cc: Bruce Johnson, Public Works Department Joe Bath, Public Works Department File ToMiChaPl Mnllap, Planning Date.JctnJJer 11, 1984 COLORADO From_Rodney H Hutchinsnn,__Engineeri-ng Manager subject:Weld-Loun-ty__Corpora.tion -- Smi_tb_Amendment to_the Armstead Gravel Pit Case No. USR-630:84:26 We have reviewed the above-mentioned application and offer the following comments: 1. We recommend that the access road be paved for a distance of 20 feet from Weld County Road 1 to avoid gravel and dirt con- tamination of the Road 1 pavement. 2. We recomend that the operator be required to post a sign at the exit from the pit, visible to all users, indicating no right turn. This would conform to the south-bound designated haul route. 3. This portion of Weld County Road 1 is maintained by Boulder County. We recommend soliciting Boulder County' s comments in this regard. X11 ~ t TT RHH/dm ,rte 1 `Ne to. 4laooi . notissimt M fal ERj coN ' _A,. ,A .---------- *4 O TOWN OF ERIE •I " 645 HOLBROOK P.O.BOX 100' " `�. �" • ERIE,COLORADO 60516 a s 1174 MAYOR DAVID LOUIS TRUSTEES BILL CARLEY JACK DOPING • DONALD HAISUP October 22, 1984 CINDY KEITH GEORGE SULLIVAN RONALD ZARUBA Weld County Planning Commissioners P. 0 . Box 758 Greeley, CO 80631 TowN HALL METRO 449-3085 LOCAL 82B-3943 Re: Sand And Gravel Operation POLICE DEPT. METRO 449-3156 At the regular meeting of the Eire Planning Commission on October 4 , 1984 , the Planning Commission unanimously LOCAL 828-3200 voted to forward a recommendation of approval pproval for the expansion of the Sand And Gravel operation but did recommend that a berm be place on the southern border FIRE DEPT. so as to buffer the mobile home park from the Sand 828.3152 And Gravel operation. Sincerely , 1:1 ig511--(—* 7,O11 ---- 'a ' j 0CT 26 1984 {] Roger Harding Town Administrator Weld Co. Planning Commission Gilbert F. Rindahl, P.E. C.Jay Silvernale Bruce G. Rindahl Rindahl&Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • (3031 696-6846 September 18, 1984 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Gentlemen: Weld County Corporation respectfully requests favorable con- sideration for approval of an addition to their use by special review of an application for mining sand and gravel in Section 31 , Township 2 North, Range 68 West. The following statements correspond to the Weld County Procedural Guide for use by Special Review. a. The proposed mining operation is consistent with the Weld County Comprehensive Plan in that gravel mining is economi- cally feasible. The "Map showing potential causes of gravel and crushed-rock aggregate, in the Boulder-Ft. Collins- Greeley area, Front Range Urban Corridor, Colorado," by Roger B. Colton and Harold R. Fitch published by the Department of Interior, United States Geological Survey prepared in coop- eration with the Colorado Geological Survey describes the area as: GRAVEL DEPOSITS UNDERLYING TERRACES AND FLOOD PLAINS - Pebbles generally well rounded, unweathered; deposits - contain little deleterious "lime" (CaCO ) . Lithologic composition reflects bedrock in source areas along Boulder Creek , St. Vrain Creek , Lefthand Creek, the Little and Big Thompson Rivers , and the Cache La Poudre River; clasts are composed chiefly of quartzite, granite, gneiss , and pegmatite. Few or no reactive constituents. Source of best quality gravel for concrete aggregate and road metal. Engineering •�� 9 9& Environmental Services • Weld County Department of Planning Services September 18, 1984 Page Two b. The proposed mining is consistent with the intent of the district in that there has been previous mining on this property and current mining on the adjacent property to the north and west. c. The use will be compatible with surrounding land uses since there was a gravel pit on site and an active mine adjacent to this property. d. Future uses would be limited to those which could be compac- tible with a flood hazard zone, i.e., agriculture, wildlife, open space or mining . e. The mining complies with the overlay Flood Hazard Zone as a use by special review. f. The use is proposed in the "A" District. The type of soil, the high water table, and the Flood Hazard overlay zone make the property a marginally productive agricultural land. g. The distance from the nearest inhabitant is such that there will be no concern for health, safety and welfare of the inhabitants of the neighborhood and the County . Detailed Description of Proposed Operation -a. Type of use - gravel mining . b. Nearest residential structure is approximately 300 feet. c. Plan of operation calls for one shift per day , five days per week. d. The maximum number of workers on site is estimated at twelve. e. Not listed. f. Animals are not a of this use and none are expected to be on site. g. Temporary structures on site will be a travel trailer for 24- hour security, an office scale house and a gravel processing plant. Weld County Department of Planning Services September 18, 1984 Page Three h. Truck traffic generated by the operation will be approxi- mately 40 trips per day. Trucks will be 25 ton belly and end dump trucks. Access will be south on County Road 1 , to State Highway 52, west to US-287, and south toward Erie. i. Domestic sewage will be "Jiffy Johns" or similar. j. Stockpile will cover approximately one acre . Overburden stockpiles will be temporary since the material will be replaced as the mining progresses . Gravel will be an operational stockpile only to stay ahead of the demand. k. There will be no debris connected with this operation. 1. Total time for mining is estimated to be five years. Please refer to the mining plan in the application booklet. m. The area landscape plan is contained in the reclamation plan in the application booklet . n. Reclamation will consist of reseeding the shoreline as mining progresses from north to south. Native grasses will be planted to return the land to a naturally vegetated area around the pond. See application booklet for further details. D. Fire protection will be on site with tanker trucks used for dust suppression and fire extinguishers at each equipment location. Sincerely, RINDAHL & ASSOCIATES, INC . Gi bert F. Rindahl, P.E. President GFR/jl/35 File No. 84-11803 Attachments APPLICATION USE BY SPECIAL REVIEW _Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number Date Received Application Checked by Application Fee _ Receipt Number Recording Fee Receipt Number 2'0 BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed _Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: See attached Section T N, R W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: attached Section T N, R W Property Address (if available) PRESENT ZONE Agriculture OVERLAY ZONES F(pod 4{436fc. TOTAL ACREAGE 15 -Coe atf 4pAgeay 43 acfES+o}aQ _PROPOSED LAND USE Open Space EXISTING LAND USE gricuiture _SURFACE FEE (PROPERTY OWNERS) OE+' AREA PROPOSED FOR RE :NING: Name: 0. W. and Billie Jean Smith Address: 29 Colorado Hwy. 52 City --Longmont Zip A[)ci -Home Telephone # Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Gilbert F. Rindahl Address: 2305 S. Syracuse Way, #21Zity Denver Zip 80231 Home Telephone # 751-1320 Business Telephone # 696-6846 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: 0. W. and Billie Jean Smith Address: 29 Colorado Hwy. 52 City Longmont Zip 80501 Name: Address: City Zip Name: Address: City Zip a hereby depose and state under the penalities of perjury that all statements, proposals and/or plan2 submitted with or contained within this application are -true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADOo ) C Signature: Owner or Authorized Agent Subscribed and sworn to before me this /3uday of . F tJYLCkA 19 51 SEAL k- 3X-1'/) a'ILA 1 NOT Y PUBLIC My commission expires '/LQ[ t l4 3, • fl OF,_ATTQRN�Y KNOW ALL MEN BY THESE PRESENTS, that I. O.W.Smith (name) , the undersigned, of 29 Coioradoiky. 52 Longmont, CO 80501 _(address) , County of Weld , State of _ Colorado , here- by constitute, make and appoint Gilbert F. Rindahl _— (name) , of Rindahl & Associates. Inc. _2305 S. Syracuse Way, #217 Denver. CO 80Ucidress) , County of Arapahne State of __Colorado _ , my true and lawful attorney- in-fact, for the following purpose: To represent me in the matter of the foregoing attached application for a Use by Special Review (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the __Weld Coun mmissioners (Board of County Commissioners, Board of Adjustment, etc. ) and to present evidence on my behalf before said i3o.lre. Cad - - 2 --2. ---- - - - Subscribed and sworn to before me this ..„4 ` _ day of Notar Public • My Commission Expires March 22, 1988 My commission expires : �•_ ,� 804-79-012 Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL _STATE AND ZIP CODE IDENTIFICATION # Hwy 287 and Midway Blvd. Cinque Lan Co. , Fred L. Spallone, Inc. Broomfield, CO 80020 62131331000024 Hwy 287 and Midway Blvd. Cinque 'Land Co. , Fred L. Spallone, Inc. Broomfield, CO 80020 62131331000004 219 Highway 52 Richard L. and Joan M. Armistead Longmont, CO 80501 62131331000007 683 W. Crestline Avenue Robert T. and Joan B. Anselmi Littleton, CO 80120 62131331000009 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Weld County Corporation - Smith Pit Amendment STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, -addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall Have been assembled within thirty (30) days of the application submission date. /en (i? The foregoing instrument was subscribed and sworn to/ before me this __L --dayJ I ITS , 19 7gby 1O71 kl it o-fil WITNESS -my hand and official seal . My Commission expires : My Commission Expires November 23, 1981 0 ,M Notary Public AFFIDAVIT OF INTEREST OWNERS -MINERALS AND/OR SUBSURFACE Application No. Subject Property Weld County Corporation - Smith Pit Amendment STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names _and addresses of all mineral owners and lessees of mineral owners on or _under -the parcel of land which is the subject of the application as their names 'appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before re me /�/1 -this `$ day of , f ,e-p/1 , 19_0 BY �j',671 4X4' LArl4.4Yf WITNESS my hand and official seal . My Commission expires : My Commission Expires November 23, 1987 Not ry Public Gilbert F. Rindahl,P:E. 911 C.Jay Silvernale Bruce G. Rindahl Rindahl&Associates • 2305 S.Syracuse Way •Suite 217 • Denver,CO 80231 • 13031 696-6846 PROJECT OVERVIEW Weld County Corporation, proposes to amend its mining permit No. M-84-1170 to mine sand and gravel at a site located three and one-half miles west of I-25 nn Colorado Highway 52, approxi- mately 4-940 feet above MSL. The operation is in Weld County. This -amendment is being submitted to the Colorado State Mined Land Reclamation Board in order to increase the size of the operation. The amendment is for 15 acres . In conformance with all applicable rules and regulations, background information on the site and the nature of the proposed operation is presented in the following amendment. This amendment has been prepared by: Rindahl & Associates , inc. 2305 S. Syracuse Way -Suite 217 Denver , Colorado 80231 This amendment contains -proprietary information and express permission of the operator or preparer must be obtained to repro- duce any part thereof. Sincerely, „„unsus, !l 4 RINDAHL & ASSOCIATES, INC. < y'•.�3157EHfpt lew'd'‘� i 11148 = Gilbert F. Rindahl, P.E. m' �"J President.°:"', ,rJti/ t��'J '�•O sne G�•;�Q,,,,� ```,OFt111LL\f/,},1 r • Engineering& Environmental Services \VMC/ O4•CO 4%; Liata -reQ DEPARTMENT OF NATURAL RESOURCES Q * David It OuEchaa Executive Director * MINED LAND RECLAMATION DIVISION x,8,6 DAVID G.SMELTON,Director \` - Richard D.Lamm Governor • REGULAR (112) PERMIT APPLICATION FORM -AMENDMENT Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101, et Sell, as amended. (Type of Print Clearly) Smith Pit Amendment 1. Name of Operation (pit, mine or site name) 2. Name of Applicant/Operator Weld County Corporation (name to be used on permit) 3. Address and Phone Number of P. 0. Box 1623 Local Office Aurora, Colorado 80040 751-4514 A. Address and Phone Number of P.O. Box 1623 General Office Aurora, Colorado 80040 751-4514 5. Name and Phone Number of Person Gilbert Rindaht . Rindaht & Assnriatea Tnr Staff Members Should Contact (303) 696-6846 6. Parent Corporation, If Any NONE (include name and address) I 7. Owner(s) -0f Record of Affected n. W. and Billie lean Smith Land (surface area) I (if more than two, list in EXHIBIT P) 8. Owner(s) of Substance to be O. W. and Billie Jean Smith Mined (if more than two, list in EXHIBIT P) i]n'i rpn•nnn:p1 $a,,;Ir1;nn 1',1 Q charrnnn ctrnnt fPBVPr r'ninraAn Pn7n3 Tel. (3031866-1567 -2- 9. Source of Legal Rignt-to-Enter Notarized statement (indicate what type of proof is included in EXHIBIT O) See Rule 34-32-112(2)(d) • 10. Type of Mine and Substance to Sand and gravel be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined 11. General Location and Elevation 3-1/2 miles west of I-25 on Colorado Hwy. 52 (-miles and direction from J Elevation = 4940' -nearest town and approximate I site elevation 12. County Weld 13a Total Surface Acreage to be In- 15 acres for amendment cluded in Permit (Rule 1.1(2)) 63 acres total 13b Total -Acreage of Affected Lands 15 acres for amendment (Rule 2.11(14)) 63 acres total 14. Application Fee (see Rule 2 to 137 sn determine amount, based on permitted area) 15. Present Land Use (i.e., agri- cultural, industrial, etc. ) Pasture (irrigated) Surrounding Land uses Agricultural 17. Proposed Future Land Use (final use after reclamation) Open space • 18. List Mining Operations Currently Agricultural and gravel mining In Violation of the Act. (See 34-32-120) 19. The Lands Herein Do Not Affect Affirmation any of the Lands Described in Section 115(4)(f) -Of the Mined Land Reclamation Act. (specify affirmation) - t1APS AND EXHIBITS With each of the five (5) copies of the application form, the applicant must submit a corresponding set of the maps and exhibits outlined in rule 2, as follows: 1. EXHI3IT A - legal Description 2. EXHIBIT B - Index Map 3. -EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands 4. IXHIBIT 0 - Mining Plan 5. IXHIBIT E - Reclamation Plan 6. EXHIBIT F - Reclamation Plan Map 7. EXHIBIT G - Water Information B. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Information 11. EXHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs 13. EIHIBIT M - Compliance with Local Zoning (See 34-32-115(4)(e) and 109(6)&(8) 14. EXHIBIT N - Other Permits or Licenses (See 34-32-115(4)&(4)(c) 15. EXHIBIT 0 - Source of Legal Right-To-Inter (See 34-32-112(2)(d) 16. EXHIBIT P - Owners of Record of Surface and Subsurface Rights (See 34-32-112(2)(b)&(c) . A NOTICE OF PROCEDURES After the application is considered "filed" (pursuant to Rule 1.1(10) with the Mined Land Reclamation Division, notice procedures outlined in Rule 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR staff informing you of the Completeness ("filing") of your application.) COLORADO WATER LAWS • The permittee is encouraged to contact the State Engineer, with regard to the • administration of water rights, and the Colorado Department of Healtn, with regard to tne -discnarge of pollutants into the waters of the State. Xiolation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of Health. -4- ADDITIONAL INFORMATION Tnis space can be referenc-ed for further information of any of the items fn this form. • O To the oast of my knowledge, all the information presented in this application is true and correct. Oate: % oil/ . __ BY: e/eGG��ZF�/ Itt (Signature by individual legally authorized to. bind the operator to this application) (Rev_ -9/83) doc. No. 5547 EXHIBIT A LEGAL I}ESCR IFT I ©IV A portion of the W 1/2 W 1/2 SW :l/4, Section 31 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado as depicted on Sheet 1 of 2, Pre-Mining Map, 94-0803. A--1 EXHIBIT B I IVI}E 3C h+1lNP' The Index (Vicinity) Map appears on the Pre-Mining Map. located in the back pocket of this report, sheet i. of 2. D-1 1 Exi-+ ISIT- c F'FiE-M I N I N4i AND MINING FLAN t`1AF•S The Pre-Mining and Mining Plan Maps are :Located in the bract.: pocket of this report, Sheet 1 of :_„ C--1 EXHIBIT I3 I l I psi I NG FLAN The mining operation will be dry. The excavation will be pumped dry after dewatering. Mining will proceed from the northern edge of the property and move toward the south. Topsoil will be stripped by scrapers or front end loader's and stockpiled on locations shown on the mining plan map. Aggregate to be mined will be removed by a loader and deposited in the area of the processing plant or near the end of the conveyor which will transport the material to the plant site. As mining pro%{resses southward, the plant may be moved ahead of the mining area. Earthmoving will be conducted in three phases. Phase I will be the removal and stockpiling of topsoi 1 and overburden., Phase II will be the removal of the aggregate material by loader. Phase III will be the replacement of overburden and topsoil . Phases I and 11 will be conducted by scrapers or front end loaders. There is no water diversion expected. The maximum area to be mined during a one year period will be 7. 5 acres. The existing access road will be no more than 700 feet long and 24 feet eet will be for a maximum area of 0. 4 acres. The timetable of mining will take place in t w o stages shown on the mining map. Each stage is expected to be finished during one year of operation. A stri-p approximately 450' X :;'viii' will be mined each year for two years. Each stage will be mined from north to south. Overburden and topsoil varies from 4. 0' to 6. 5' wi th an average depth of about 5. 0' . Maximum depth to the bottom of the aggregate material is 15' . The stratum immediately beneath the material to he mined is the Pierre Shale. Del E7CIHIBIT E IREUILAMATZ ON Final reclamation will result in a pond aappr ox i,natel y 40 acres in size. The remainder of the 23 acres will be planted with native grasses. Earthmoving during reclamation will be the replacement of os erburd-en material to insure the proper slope of the back+:i l l below the waterline. The selection of a pond for reclamation is that. there is insufficient material remaining as waste to completely fill the void where gravel was removed. This This general area has been used for mining aggregate for a number of years. Some mining of other pits is continuing at this time. The -end use of a pond and native grasses is also compatible with the general area of wetlands and open spaces that ar-e common to the region. The landowner does riot intend for any of this land to be for- public use. 6radina Grading will be planned to provide a slope of 7:1 from the undisturbed terrain to 10 feet below the expected water surface. Where backf i l l i ng 1 e required, the operator will insure proper compaction for stability. There are no toxic materials in the mining area and none will be introduced. There are no toxic: or acid producing materi .ls associated with the mining operation. No refuse will be mined. There will be no _drill or auger holes, add_i is or shafts constructed as a part of the mining operation. Slopes will Trot exceed 3 horizontal to 1 vertical from the urrdi sturbed land to 10 feet below the surface where the slope will be no steeper- than 2 horizontal to 1 vertical to the bottom of the excavation. Swimming is not to be allowed during of after reclamation. Reclamation will not i.nvol•- e agriculture or hortics.:lture. E_.1 Writer Disturbance to the hydrologic balance will he minimized by A. Compliance with applicable Colorado water laws and regulations governing injury to existing water rightsn B. Compliance with applicable Colorado and Federal water quality laws and regulations; C. Compliance with applicable Federal and Colorado dredge and fill requirements; D. Insuring that no temporary or large siltation structure will be a part of the mining or reclamation plan.. There will be no earth dams constructed as a part of ti ie mining or reclamation -plans.. See Exhibit G for further information on hydrology. Wildlife All aspects of the mining and reclamation plan will take into:, account the safety and protection of wildlife on the mine site. There will be no habitat management as a part of the reclamation plan. See Exhibit H for further information concerning wildlife. TGpsoi 1 1 r'la Topsoil will be removed and segregated from overburden and gravel . Due to the method of mining, the topsc :i 1 will be use-d for- reclamation of the shoreline, generally within 30 to 60 days after removal . Therefore, deterioration is not expected to occur due to chemical or phy-sical changes. There is no woody vegetation. The temporary stockpiling (30 to 60 days) of topsoil will be in narrow and low berms. This is a configuration that will protect the topsoil from wind and water erosion. The miring method and method of topsoil removal and replacement ensure minimum handling. Replacement cf topsoil on graded slopes will produce optimum tilth for seed application. Compaction will be adequate to provide stability on slopes but not enough to di sr-u}art natural soil structure. The plant-growth medium replacement will be done in an even manner and to a depth between 12 and 16 inches. Fert i 1 iffier or- other soil amendments will be added if determined to be necessary after analysis of composite soil samples. E-2 Peve' etTtien The affected area will be reclaimed as rangeland, with the exception, of about 40 acres as a pond. Seeding will be by seed drill during late fall or -early spring to ensure maximum advan tage of soil moisture availability when germination occurs. The fallowing seed mix is proposed to ensure the greatest probability of success and is based on _environmental and biological factors common to the site. The mix provides for a diverse and long-lasting vegetation cover. Percent Sj cies l.bs. F'!E/Acre Seeds/ft2 of mix/+t2 Western wheatgrass 4. 1 1 ?: . Sand bluestem 3. 9 10 20. 0 Little binestem 1.5 8 16. 0 Switchgrass .9 8 16.0 Alkali sacaton .2 7 14. 0 American vetch 4.5 —c 11 . 0 15. 1 51 100.0 Weed _control will be by mechani cal means if weeds do become a significant percentage of the plant community. A significant percentage would be considered :30 percent. If mechanical means prove not try be adequate, chemi cal weed killers recommended by a recognized agency or institution, i . e. , Soil Conservation Service, Agricultural Extension Service, etc. , wi 11 be used as lon-g -as the recommendation conforms to State and Federal. laws. Fi r-e 1.-ernes will not be required since the area will cot be forested. No deposit or disposal of refuse is anticipated. No adverse chemiral , physical or surface features are expected. The implementation of the reclamation procedures and mixes proposed here will provide a pond with properly sloped and sstabiliered shorelines commensur.at-e with the intended post-mining land use. The proposed seed mix will provide a near natural (native) plant community exhibiting species diversity and composition. E-3 Timetable Reclamation will be continuous throi..ighout the mining opera- tion. As shoreline is created (northern edge first ) , and the mining IDrogresses southward, the topsoil will be replaced 1Drug the banks and seeded -as soon as practical . Each year, approxi- mately 1-400 lineal feet of shoreline will be created. Miring ng the mining, shoreline will be reclaimed as the operation progresses. Filial grading will be a 3h: 1v slope from the undisturbed area to 10 feet below waterline. Seeding, fertilization, reveyet.ation and topsoiling have been pr-evinusly discussed in this section. E--4 E X H I B I T Ft I ON F _iA1>1 1'1AF''S The Reclamation Flan Map appears on in the back pocket crf this report , Sheet 2 of 2. F-1 EXHIBIT (3 WATE-F I NiFCJRMAT I C3114 Water requirements for the proposed operation will consist of dust suppression for haul roads and gravel washing.. An estimated 3, 000 gallons of water- per day will be used for dust < uppreesion.. Based on an operating schedule of 200 days per year, the proposed min1.r•ig operation will require approximately -3. 1 acre feet per year for dust suppression. The water for gravel washing will be recycled. rappr'o::. i rna el y 3%, of the washwc.'iter is lost due to spillage and evapo-atI on +r em the spray Liars. The washing rate for the o.:?iper'ation will h approximately 600 gpm yielding a water loss of 30 gpm. Using an operating schedule of 8 hours a day, 200 per daysthe year, water requirement for washing is approximately 8. 8 acre-feet per year.. Total water- requirements for the operation is then approximately 11 . 9 acre-feet per year. Make--up water for the dust suppression and wash water will be purchased from water owned by the landowner.. The proposed mining operation will not affect the ground- water or surface water- regime :.n the area. 1.i.ce. ou i der-- Creek 100-year f l oodpl ai n covers all of the permit area as shown _on the Pre---Mining Map, Sheet 1 of 2. The mining area will be adequately graded to insure proper drainage from the site. Table t7-.l shows all permitted and adjudicated wells in the area of the proposed operation. Only three wells are potentially within 1. , 000 feet of the proposed mine pit. Well. 1#11':-4ci (.i6 in Figure ti--1 ) has a depth _of 392 feet and will not be affected by the mining operation. Wells 49953, 22348, and 47505 are a a 1 , 000 feet from the are approxi- mately not proposed operation andaar•e not expected to he affected by the proposed operation. In the event of any potential reduction on water levels in these wells, arrangements could be made in supplying water from the de- watering operation. Discharges -from -the site will be monitored in accordance with the NF'D S Permit obtained by the operator. G-1 TABLE B-1 Weld No. Owner n K 051379 . Richard O. & Wanda J. Gilmer 117 8.0 052284 Frank 0. Rasmussen 62 10. 0 063314 Norman H. Johnson 57 10. 0 W-4507 Johnson Well 41 240 011940 Maxine Haley 392 9. 0 W-337 Becky Well !§842 800 049953 0. W. Smith 31 10.0 022348 0. J. Nichols 30 20.0 0475U5 Donald _. Martin 40 L5.0 052165 Faul V. Ander-son 30 15.0 6-2 1/ T- �c .' \ ,1 • -/ • i1 , 1 -15 ''' •7-•7 ' --- -; " "9-,- ._ cr29 • 41: '`,..,,N;1--,1----- �..� rEat�IiT �� `' /- I BOUNDARY . 36 / ' i � 2. �_ �� _ - - --- - ter'__` � ; � �.' _T, ;.I : _ tic r ��\`*ERSTA ::., low — fleet �" / /( \ I.1 WILE C�LA. AT : HWY. '92 -- i ' ' 1- > i .‘”Th.=: - -mil ) . ' r4 i . is IE�Ct>LA. I.P. MILES C. ) ® a. E+'4.a« , �� From: USGS. 9aed..Asp"tie - Seale: I"x2000' WELLS IN AREA '*WELL LOCATION NUMBER ON AMP PERMIT NUMBER NUMBER -ON MAP PERMIT NUMBER 1 51379 6 11940 2 52284 7 W-337 3 63314 8 49953 4 W-4507 9 22348 5 52165 10 47505 r Figure G-I , G-3 EXHIBIT H I.4ILDLIFE INIFDRMATICIIW The site has not been mined previously_ F'res-;F ri t t pit to the north presents a significant disruption e4 the .•ilil j a- cent wildlife communities. The proposed site is bounded on the west by County Reed:d 1 and generally on the north by Boulder Creek,. The east and south boundaries are agricultural lands and associated practices. Due to the past and present disturbances, impacts on e: :i.sting wildlife populations are expected to be minimal . The following species list is the probable wildlife that would be most expected to inhabit the proposed mining site.. Due to the weather conditions, the site review did not provide sitings of possible inhabiting species and many of the specie listed were obtained by literature review. (....east. chipmunk £utamiah miini mus Colorado chipmunk Eutamias q 2adrivitteat J.. Uinta chipmunk Ec'tam.ias ambrinus Yellow-bellied marmot Marmoz:a fiaviventriti RIchar..dson' s ground squirrel Sper•moph.2lu_s t•2crhardsor;li Thirteen-lined ground squirrel ;p,-rmophilas tridecenlineatas Spotted ground squirrel Sperm°phi.1 1 r.m,a Rock ground squirrel Sptrmophil u_. . ir _...-gztas. Golden-mantled ground squirrel S per mo ph.i 1. us lateral Aberts squirrel Sc i eras : beet i Fox squirrel :eiur 2s n.2eer Northern pocket gopher Tho.momys talp,::. ue_ Plains pocket gopher Geomys burs arias Olive-backed pocket mouse Perognathus 3_c:id ;1s Plains pocket mouse Perognathus 11 avesc_t=n s Silky pocket mouse Pero nathas 1lavas Hispid pocket mouse Perognathus h.2.pidus Ord' s kangaroo rat Di podomys ordi i Beaver Castor c, nadensis Plains -harvest mouse Flei throdontom,ys montanus Western harvest mouse Rr=i t hrodon tomy S megal o t i s Deer mouse Peromyscus m,anicul atus Northern grasshopper mouse unochomyti I. e-=uc:ogaster Bushy-tailed wood rat Ne-=otoma cinerea Meadow vole Hicro'tas peonsyl yanicus Prairie vole Mic_rotus ochrogaster Muskarat Ondatra zibetbic_us Meadow jumping mouse -apus hadson.i u.s Porcupine Ertthizon dortiatu.w H-i Carnivora that can be expected to inhabit and breed in the general area are generally common to the plains areas similar to the proposed permit area. These carp i vors are: Coyote Canis .1atrans Red f :< Vulpes s ulpe= Swift fox Vul pew ve.i o.' Raccoon Pr'or�yon .lo'tor Long-tailed weasel Mu stela t..el a fre ata Mink Mu stela v.i.soi Badger Taxi d r a t.`.a: u s Striped skunk Mephitis :nephit:1 ; Ungulates that can be expected to occur in the area .Ar n Mule deer UC;+i)!1011 eus he 2 0I?:.7. White-tailed deer Odocoileus virjinian !_: Pronghorn Antiiccapra arnericar?a Other mammalian species that might be expected to breed in the proposed permit area are: Masked shrew Silver-haired bat (migratory) Hoary bat Eastern cottontail Desert cottontail White-tailed jackrabbit Black-tailed jackrabbit The occurrence of numerous bird species can be expected, a list of which is too numerous to provide here. J..h e following Reptilian a n d Amphibian species c a n logically be expected to breed in the area, however, their existence was not substantiated. Great-plains toad Woodhouses toad Boreal chorus frog Leopard frog Plains spadefoot Barred-tiger salamander Common--snapping turtle Western-painted turtle Ornate--box turtle Western-spiny sof t.shel l turtle Lesser-earl ess lizard Eastern short-horned lizard Red--lipped plateau lizard Prairie six-lined racerunner Northern many--lined skink Eastern yellow-bellied racer Plains hognosed snake Western milk snake H-2 Northern water snake But. 1 snake Western plains garter snake Red-sided carter snake Prairie rattlesnake Threatened and endangered species other th an tnt t-rix t_.. pelican that may have had historic range in the area are the Greenback Cutthroat trout, the Johnny darter, the Black-footed ferret, and the River otter . The general effect on the possible existence of any population of the above :listed species is not expected to be significant. Mining has been occurring in the area or several years. o•bva ous:l y the smaller rodents are going to be displaced and it is quite likely some will be killed as their burrows are excavated. However, the populations of burrowing rodents are not expected to be large due to the existence of seasonably high ground--water tables. Little impact on the larger wildlife species that may occur such as deer, skunk, coyote, etc. , is expected . It is generally expected that these species are only transitory in the area due to the long-term mining that has occurred. Ultimately, there might be an increase in waterfowl due to the open ponds, however- , the landowner would prefer- that this did not occur because of tha potential for illegal hunting end tres- pass. The 1 andowner does not intend a beneficial use to occur from the existence of the pond. Due to the on going mining operations to the north, seasonal wildlife use is not expected to change. The existing mining has been occurring long enough so that any prior-to-mining seasonal use has long since been disrupted. The return of rodent populations after mining is not expected to be significant due to the less of their habitat. Some rodents may move into the reclaimed areas around the pond shorelines. If this were to happen, then bird populations could also be expected to have a marginal increase, especially those that prey on the smaller rodents. Deer populations, large carnivor populations, and populations of the larger rodentia, beaver, nutria, etc. , are not anticipated to increase. H-3 EXHIBIT I SCE I L I tVFOFRMAT I ON Two mapping units have been used on this site by the Foil Conservation Service in their Soil Survey of Weld County, `.'y Colorado -- Southern Fart , 1930. The two mapping units identify only the taxonomic break due to the complexity and variability of the soils involved. These map units are ( 1 ) Aquolls and ,-ac:iun L ;>, gravelly substratum, and (2) Aquolls and Aquepts, --flooded. The Aquolls and Aquents, gravelly substratum map unit c:ccur on nearly 1 evel bottom lands. Aquolls, which have a dark colored surface 1ayeir , make up about iO p-ercent of the unit. Aquents, which have a lighter colored surface layer-, make up about 20 percent. About 20 percent is Aquepts and Bank-ard sandy loam. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical . Commoni y the soils have a mottled, mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel within 48 inches. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall . The potential native vegetation is dominated by Alkali sacaton, Swi tchgr-ass, and Western wheatgrass. Sal tgrass, Sedge, Rush, and Alkali bluegrass are also prominent. Potential produc-- tion ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. Switchgrass, Western wheat- grass, Alkali sac:aton, Tall wheatgrass, and Tall fescue are suitable for seeding. A grass -drill is recommended. Seeding early in spring has proven most successful . The Aquolls and Aquept-s, flooded occur on nearly level depressions in smooth plains and al one the bottoms of natural drai nageways. Aquolls, which have a dark colored surface layer, make up about 5 percent of the unit. Aquepts, which have a lighter colored surface layer, make up about 25 percent. The Aquolls and Aquepts sails are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical . Com- monly the soils have a mottled, mildly to moderatly alkaline loamy or clayey surface layer and underlying material that ex-- tends to a depth of 60 inches or more. In places they have a gleyed layer in the underlying material . The water -.able is at or- near the surface in spring.. These soils are used for rangeland and wildlife habitat. Some small areas are irrigated pasture. I--1 The potential native vegetation is dominated by Switchgrass, Prairie cordgrass, Sal tgrass, Alkali sacaton. Big bl uest€m. Indiangrass, Western wheatgrass, Slender wnµatcras-s, Sedge, and Rush. Cattails and Eullrush grow in the swampy pots. Potential production ranges from 4, 000 pounds per acre in favorable years to 3,000 pounds in unfavorable years. Farming practices and irrigation on e.d j acent lands have increased the amount. -of salts within some of the profiles. Sw:itc:hgrass, Big bluestem, Indiangrass, Western wheatgrass, Pubescent wheatgrass. Intermedi ate wheatgrass, Tall wheatgrass, and Tall fescue are suitable for seeding. The plants selected should meet the seasonal requirements of livestock. . For suc- cessful seeding, • a firm prepared seedbed is needed. A grass drill is recommended. Seeding early in spring has proven most successful . Till-age is needed to eliminate the undesirable vegetation. E�CHIE IT a7 EGETAT I C31\1 l'AF-CIFtr-ICICIE I C]1V Generally, the vegetation communities follow the soil l,c end-- ari es, except where agricultural practices have superceded the material boundaries. Of the potential native grass species common to the site, switchgrass usually dominates. Usual species are as follows: Switchgrass Fanicum vlrgatum Prairie c:ordgrase "p,art.ana prcti rata. Saitgra5s r i stich!i.. spicata Alkali sa;caton Sporabol us a. r'•oides Big bluestem Pndropogon ger ardi i Ir-rdi ang.rass Sorgastrum arvenac.s um Western wheatgrass Agropyron ::ii t:hi Slender wheatgrass Pgropyron trachycaul om Various Sedge and Rush species are common with cattails and Bul1rush in low swampy areas. Weed species and low growing forbs and shrubs are common. Curlycup gumweed (Grindelia :guar-rosa) , Common sunflower (Nei ian thus annuus) , American licorice (G 1 yc yrrhi za 1 epidota) , Salsify ( Tragc,pogan spp. ) , Common dande- lion ( Taraxacum officinal e) , Kochia (Kochia st:aparia) , Western ragweed (Ambrosia psilostachya) and Western yarrow (Achillea millefoliu;m) are occupying or have occupied the permit area, especially where overgrazing or other disturbance has occurred. Generally, the Sal tgrass, Western wheatgrass, Sunflower and Sedges occupy the wetter soils of the area. In the older dis- turbed area that are drier soils, Broom snakeweed (Guti clue._is sarvthrae) , Rubber rabbitbrush (Chrykothamnus nauseosus) and Western ragweed are prevalent. In the drier range site areas, Switchgrass, Prairie cordgrass, Alkali sacaton, Big rbl uestem, • indiangrass, and Slender wheatgrass are common. On those drier range sites that have been cultivated, Tall wheatgrass, fall fescue, and Annual sweei clover are present. Blue drama and Sideriats grama are common on overgrazed areas that appear to never have been cultivated. The ground cover is estimated to be 40 to 45 percent for the Aquolls/Aquents/Aquepts. During reclamation, a select mixture of the above listed species would be best suited to the resultant reclaimed site. It would not seem practical to segregate the individual plant-growth mediums that will result from stripping the surface soils of the three recognized soil mapping units. The areas to be reclaimed J-1 will have seasonably high water- tables. A mixture of species common to the two soil ;mapping units would stand the greatest probability of successful revegetetion. Because there are only 4 inches of tospoi 1 available from the l ankard series, it seems that the mixing of surface soils from the two soil units on the permit :area would occur. Therefure, it would seem reasonable to assume a ground cover after rec:i em ti un of between 30 and 35 percent. The lower percentage of ground cover is expected due to the anticipated difference in soil textures on mixing. Agricultural crops such as corn, alfalfa, grasses, beets, etc. , have been common to the site. The evapotransportation from these crops could have resulted in high consumptive uses of water since ground water is close to the surface during some of the growing season. Some of these crops, corn and beats, would have been irrigated. Crops like alfalfa and grass would have been less likely to be irrigated, but due to their deep rooting nature, water consumption could have been quite high. 3-2 EXHIECIT IC CL I MATE The climatology data recorded at. the Longmont 2 ESE ale. tither station indicates the average annual precipitation at the sits;, is approximately 12.6 inches per year and the annual men temperature is approximately 49 degrees F=arenheit. The evaporation rate -For this area is about 40 inches per year based on the Department o+ the interior' s information circular G755. Average Mon f".h 1. y Total l'emper- azi.�..rr_- Precipitation January 27. 4 . 34 February 31 . 4 .43 March 75. 7 . 96 "s F�pri, .� 1 -�� . . 1 . 26 May 57 '.5x June 65. 6 1 . 76 July 72. 1 . 16 August 69. 9 1 . 12 September «1 . 1 1 . 16 October ::iii. ::_ . 53 November 37. 2 • 52 December 3:r. '. Mean/Total 49. 7 17. 5? K-1 EXHIBIT L F2ECLAMAT I t7N —©STS Plant Site - '_; acres Scarify 400/acre Topsoil -• 3 acres 73C;/acre 226.00 Remove stockpiles 1 500 lbOU. Qr,3 Access Road - not to be reclaimed. Shoreline - 3 acres Topsoil grade and seed 5,:?;'acre 2250.00 bho;,..;.::+l i i-ie Bar_:kti 11 190,0' i_� t..)/it.. :3800.00 TOTAL $11000.00 RECOMMENE ED BOND $11000. 00 L- 1 E7CHIBIT M LOEA1._ OOti1EF INPlENT APF'7ROVAL. Loral government 6pproval will be provided when available. Approval is exper_ted prior to the Colorado Mined Land Reclamation Division meeting. M-1 EXHIBIT N OTHEiZ R EF I"1 I TS ©F? i I CNES Colorado Mined Land Reclamation Permit No. M-84 070 Air Emissions Permit t No. B4WE 1: OF ( 1 ) Air Emissions Permit No. B4WE 130E (2 NPDES Permit No. COG-500053 N-1 EXHIEcIT CJI SOURCE O 1 I _ RIG!-1 r TO ENTER The operator has the legal right to enter this pit as indicated by the following certification, I certify that Weld County Corporation, operator of the Amender_! Smith F:1 t. has the legal right to enter and mine sand and gravel on the property described in this appli_cat:i.on. ___g_le _ ..____......._._..4,! 5;:..e./ Signed and :sworn to me this a I'_ day of ______ ?"LLK 1 ---A-0 -.A..altigq .Cag:// td-tiLd _ Date No ary Public My commission expires 0-1 EX I- 1 I 1B I T F� AI3J (4CENT 1.--• NNII) 3VJNIEFS Cinque Land Co. c/o Fred L. Spal •lone., Inc. Highway 287 & Midway Blvd. Broomfield, Colorado 800 20 Richard L. and Joan M. armatead 2.19 Highway 52 Longmont r Colorado 80501 Robert T. and Juan B. Hns :al mi 63.3 W. C rest 1. i ne Avenue Littleton, Colorado 80120 P-1 Hello