HomeMy WebLinkAbout820662.tiff RESOLUTION
RE : APPROVAL OF USE BY SPECIAL REVIEW FOR AN OPEN CUT GRAVEL
OPERATION - WESTERN PAVING CONSTRUCTION COMPANY
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 20th day of October, 1982 , at the hour of 2 : 00
o ' clock p.m. in the Chambers of the Board for the purpose of
hearing the application of Western Faving Construction Company ,
1400 West 64th Avenue, Denver, Colorado 80221, for a Use by
Special Review for an open cut gravel operation, on the follow-
ing described real estate, to-wit:
Part of Sections 16 , 17 and all of 21, Town-
ship 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, and
WHEREAS , the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the re-
quest of the applicant and the recommendations of the Weld Coun _y
Planning Commission and all of the exhibits and evidence presented
in this matter, and having been fully informed, finds that:
1. This request is in compliance with the Weld County
Comprehensive Plan and the Weld County Extraction Plan,
Mineral Resources, Volume II . The 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.
2 . The submitted materials are in compliance with appli-
cation requirements of Sections 24 . 7 ; 44 . 1; 44 . 2 and
44. 3 of the Weld County Zoning Ordinance.
3. It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24. 3. 1. 1 and 44 , et seq. of the Weld County Zoning
Ordinance as follows :
a) 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 resources as identified on pages 62-63
of the Plan) .
B dG bb;
1
Page 2
RE: USR - WESTERN PAVING CONSTRUCTION COMPANY
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 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. The intended proposal
will not have significant traffic or noise impacts ,
nor will it require significant improvements which
might create incompatibility.
d) Use by Special Review Operations and Design Standards
provide adequate protection of the health, safety and
welfare of the neighborhood and County.
e) The Overlay District affecting the site Flood Hazard
District, has been addressed in the attached stand-
ards for the operation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application for a
Use by Special Review for an open cut gravel operation on the
hereinabove described parcel of land be, and hereby is , granted
subject to the following conditions :
1. The attached Operation Standards being recommended
and approved for this request.
2. The following note being placed on the 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.
3. In compliance with Section 26. 2 of the the Weld County
Zoning Ordinance the owner and or operator shall fur-
nish the Department of Planning Services a certificate
from a registered engineer that any of the develop-
ment within the Use by Special Review Permit area will
not change the direction of flow of water in a river
or stream; that said development will not result in
a change of ten percent (10%) or more in the inter-
mediate regional floodwater flows ; and that said oper-
ations will not channelize a river or stream. The
applicant shall comply with Section 26 . 4 . 2 and 26 . 5. 2
of the Weld County Zoning Ordinance in the event any
of the above conditions will occur.
Page 3
RE: USR - WESTERN PAVING CONSTRUCTION COMPANY
4 . The Operation Standards being placed on the Use by
Special Review Permit plat. The Use by Special Re-
view Permit plat shall be delivered to the Department
of Planning Services.
5 . Prior to the final approval of the Use by Special Re-
view Permit by the Board of County Commissioners , the
applicant shall submit to the Weld County Planning
Department evidence of an acceptable agreement between
the Godding Ditch Company, the Rural Ditch Company ,
the Smith and Emmons Ditch Company (all members of the
Water Users Association of District. No. 6) regarding
the sand and gravel mining issues as they affect use and
effectiveness of those ditches. The primary concerns
involve disruption of flows, points of diversion both
into and from the subject propert , and relocation of
ditches and ditch structures.
6. The applicant shall, prior to approval of the Use by
Special Review Permit offer and agree to an acceptable
program of road maintenance with the Weld County Com-
missioners which will be required to mitigate impacts
generated by the gravel mining operation. The main-
tenance proposal shall address maintenance of the haul
routes on Weld County Road 5, 7 and 201/2.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
October, A. D. , 1982.
� � BOARD OF COUNTY COMMISSIONERS
ATTEST: /j WELD COUNTY, COLORADO
Weld County Clerk and Recorder \
and Clerk to the Board Jgfin T. Martin, Chrman
By: Deputy County Clerk C`hdck Carlson, Pro-Tem
APPROV D AS TO FORM:
Norman Carlson
L":" lat<e- EXCUSED County Attorney C. W. Kirby
EXCUSED
June K. Steinmark
DATE PRESENTED: October 25 , 1982
A
OPERATION STANDARDS
WESTERN PAVING CONSTRUCTION COMPANY
USR-488:82:2
1. The uses permitted on the hereon described parcel shall be the extraction
of sand and gravel as described in the application presented by Western
Paving Construction Company and on file in the office of the Department of
Planning Services. Configuration and order of phasing may be modified
where necessary in order to facilitate changes required due to protection
and/or realignment of ditches through the site.
2. The open-cut gravel operation shall comply with Section 44.4; OperaJ.ion
Policies (excluding 44.4. 7) of the Weld County Zoning Ordinance.
3. All phases of the sand and gravel operation shall comply with all County
and State Health Standards and regulations pertaining to air quality,
water quality, noise emission and sanitary disposal systems.
4. If necessary, the property owner and/or operator shall obtain a well
permit to comply with C.R.S. 1973, 37-90-137 as referenced by the Division
of Water Resources.
5. All operations on the property shall be in conformance with Weld County
Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and
other itmes which might wash away during flooding shall be located outside
the one-hundred year flood plain or adequately flood proofed to avoid
creation of hazardous conditions.
6. Copies of pertinent documents filled with the Mined Land Reclamation Beard
shall be forwarded to the Department of Planning Services office for
review.
7. The Use by Special Review Permit shall be limited to the plans shown
hereon and governed by the Operations Standards stated above and all
applicable Weld County Regulations. Any material deviations from the
plans and/or Operations Standards, as shown or stated above, shall require
the approval of an amendment to the Use by Special Review Permit by the
Planning Commission and the Board of County Commissioners before such
changes from the plans and/or Operation Standards shall be filed in the
office of the Department of Planning Services.
8. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Operation Standards. Noncompli-
ance with any of the above stated Operation Standards may be reason for
revocation of the Use by Special Review Permit by the Board of County
Commissioners.
RA:rg
A public hearing was conducted on October 20 , 1982 at
2 : 00 P.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO TEM
NORMAN CARLSON COMMISSIONER
BILL KIRBY COMMISSIONER, EXCUSED
JUNE STEINMARK COMMISSIONER, EXCUSED
Also present:
ACTING CLERK TO THE BOARD, JEANNETTE SEARS
ASSISTANT COUNTY ATTORNEY, LEE MORRISON
PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON
The following business was transacted :
I hereby certify that. pursuant to a notice dated on October 4, 1982,
duly published October 7, 1982 in the LaSalle Leader, a public hearing was
held on the request of Western Paving Construction Company for a Use by
Special Review for an open-cut gravel operation. The Planning Commission
recommended that this request he granted with conditions and operation
standards. Frank Graham was present, representing Western Paving Construction
Company. He stated that this request is for a 400 acre site and they own 900
acre feet of water, 2 acre feet per acre. Mr. Graham stated that he has a
letter that is being circulated between the three ditch companies for their
signatures of approval. When the site is complete there will be 314 acres
of lakes. There will be four lakes in all . Mr. Graham stated that they
plan to use County Road #5 to County Road #7 and then to Highway #119. Mr.
Graham said that his firm will continue to repair the county roads adjacent
to the gravel pit. Bob Duckworth, an adjacent landowner, stated that the
traffic is a real problem and if this request is approved it will increase the
problem. He added that the beeping is also a problem. Mr. Graham stated that
the beeping on the equipment is a Federal regulation. Mr. Duckworth questioned if
an additional maintenance garage will be constructed. Mr. Graham stated that they
will probably use the building that they already have constructed. Kr. Graham
stated that this operation will probably begin in about three years depending en
the economy. Mr. Duckworth asked the Board to study the traffic pattern and
suggested that they take County Road #20 East to the service Road, along 1 -25..
then to County Road #52. By using this pattern the trucks would pass fewer
residents. Gary Sandlin, a resident in the area, discribed the existing gravel
pit by saying that it is not a pretty site, the traffic is intense and that they
are building a- wasteland in a residential area. He pleaded with the Board auc
asked that they safeguard their environment and, further, that they can not be
in compliance with the noise level. Mr. Sandlin asked the Board to listen to
the citizens and not to a Denver based firm. He urged to Board to view the s_..te
and listen to the operation. Mr. Sandlin stated that the residents of the Rim
area are opposed to this request as he is. Mr. Duckworth questioned why the notice
was published in the LaSalle Leader. The Board stated that the LaSalle Leader
was the low bidder and that it was approved as the legal newspaper pursuant to
the Weld County Home Rule Charter. Mr. Graham agreed with the operation standards.
Mr. Graham will apply for a permit through the Mined Land Reclamation Board . After
discussion, Commissioner N. Carlson made a motion to approve the request with the
Planning Commission's standards and operation standards.. Commissioner C. Carson
seconded the motion and asked Mr. Graham to continue to repair the roads, water
them down, etc. Mr. Graham said that they are encouraged to keep the roads in
good order because if they do not their equipment may be damaged. Commissioner
C. Carlson said that this Board can not stop the mining of minerals. The motion
carried unanimously.
CHAIRMAN
\-11/1BOARD OF COUNTY COMMISSIONER)
ATTEST: I' 16C,cA
U
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
•
BY: ; vim ✓ c �.` I LJ
Deputy County Clerk-
DOCKETS 82-65
TAPE# 82-83
LHR 2150
a
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET NO. 82-61 - DON KERN CONSTRUCTION INC. - OPEN CUT GRAVEL PIT-USR
DOCKET NO. 82-62 - DON KEHN CONSTRUCTION INC. - ASPHALT BATCH PLANT-USR
DOCKET NO. 82-63 - MARTIN LIND - USR - AIRSTRIP WITH ]iANGAR FACILITIES
DOCKET NO. 82-65 - WESTERN PAVING CONSTRUCTION CO. - OPEN-CUT OPERATION
PLEASE write cr print legibly your name , address and the iDC (acc li
above) or the applicants name of the hearing yc are attending .
NAPIE ADDRESS HEARING A_TT'.NDID,
•
' -
/,..
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, Greeley, Colorado,
at the time specified. All persons in any manner interested i__z 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.
DOCKET NO. 82-65 APPLICANT
Western Paving Constructioi Company
c/o George Wolf
1400 West 64th Avenue
Denver, Colorado 80221
DATE: October 20, 1982
TIME: 2 :00 P.M.
REQUEST: Use By Special Review - an open-cut gravel operation
LEGAL DESCRIPTION
Part of Sectioiis 16, 17 and all of 21, 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
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
DATED: October 4, 1980
PUBLISHED: October 7, 1982 in the La Salle Leader
Affidavit of Publication
STATE CE COLORADO. 1 ss.
County of Weld.
i
I, ,r /, ,./.. ,t ......
said Coecty of Weld being duff'svro:a, sly d
I am au F,'I:Fher of
( / t (.
_ 7,7‘ 3. , /%L e c_r ....-4,,/1C i '_
that the some :s a weekly newspaper ct .._ a
ei¢ulatt:n ,a-n-a,
(Cprinted and publts'r.ec n r_e
town at /t s= n_ %_,,
in said :aur.ty and stote; that 'le carat -: - ...
1 t. 1 l I( s � I I( L S ttsemer of which tFp crnexea is ur oy
) • • i • has bern published -n s 1 .s e
fiECAUSi ?iii PI Qtr i MI 1ST for /
, weeks :rat the notice r-^ pubI I
,/ r regul tr Ind rnu:e .ssue of every rudr: of s.:..
. _ - newspoper during .he per ea prior ant :;u'
NOTICE Western Paving Construction _,_ n s
cation -! seta educe any' in
Company
Pursuant to the zoning laws of the proper pp t the-e-t .
c/o George Walk ro e: �md pat .n a su Le.nen ^t�
State of Colorado and the Weld 1600 West 64th Avenue first puL!Icoti.rr at said nm.se was -:n:ned u
County Zoning Ordinance,a public Denver,Celerado00221
hearing will bn held in the Chain- the issue cf sate Red/spade- bean, a=tr
ben of the Board of County DATE: October son 11e] (1/(1;72-
./,
7 ray of f� L''.
Commissioners of Weld County, TIME: ST: P.M. ... - __
Colorado,Weld County Centennial REQUEST:Use By Special Review
-an open-cut gravel operation and the last put, ton trite t 'n :.sue
Colorer, a the
Street, Orel Al; LEGAL DESCRIPTION s:ic ap rspcper be- ring date - u r
Colorado,at the time specified.All
penons inany Manner interned in Part of Sections 16,17 and all of 21, '7. 1°
the Use By Special Review are t
TownsM1ip2 Nor RangeM West of
requested to attend and may be
heard the 6th P.M., Weld County, Colo- 1,4
ratio. BOARD OF COUNTY r 7 r.��; ✓4 -z '._,..r..._-?:—.:___--
BE ---
BE IT ALSO KNOWN that the text COMMISSIONERS has been pt.b lshea nt r uous rc :up.:
and maps so certified by the Weld WELD COUNTY,COLORADO
County Planning Commission may BY:MARY ANN FEUERSTEIN ed:y curing the percd o, sr east 'dry'.'me cr..
be examined in the office of the WELD COUNTY CLERK AND secutive weeks next prior Ic the last irsur, ;he-e:
Clerk to the Board of County RECORDER AND CLERK
Commissioners,located in the Weld TO THE BOARD cantaint ig sails notice cr aaeerttser.ea. rho -
Canty Centennial Center,fat 10th BY:Bette a PnarDeputy referred to; and that said newspaper ..v_s at ',.-
Street,Third Floor,Greeley,Cato-
DATED: October 4. Wet time of each of the publications of v_.o non
Colo-
redo. Published M Me La Sane Leader,
Thursday,October 7.int duly qualified for that purpose wither t,.= me-.-o
DOCKET NO.10-45 APPLICANTtng of ca act, entitled, 'An Act - Ler-.
Notices, Acveritsements and Pubtts::inn. a
the Fees of Prrnters and Pubhsners --erect'. are
to Repeal all Acts and Parts sr Acts -i. Canfltc
with the Provisions of this Act." approved Art
1921, and all amendments thereat, and porn a
lady as amended by an cc' approved. March
1923, and an act approved May 18, 1931.
r/
t .. 7'(: it a:............f�(
. _chshet
-4
Subsc bed �ipssworn to before me :h'I < 'l
day of ILrLI7.e3-- _._ A0.. 19 C ' 1.
C
VIrLLL'-fr.L
i
My commission expires —_C.c c_.1:_
Notary Public
1a*fidavit of Publicatio,t
STATE OF COLORADO
55
County if Weld,
Paula A_ Bacon _._
said County of Weld, being duly sworn say cat I
an advertisin. clerk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the se re is a daily newspepe- c gen
circulation a .d printed and published ill tt Cty
Greeley, in -aid county and slate; that di : r .;tire
advettisemert, of which the anneaee is t 'rue tp,�-
been publish..d in said daily newspaper fcr c serau
(days) (retsks¢; that the notice was pui>lisf e ' in regular and entire issue of every nvnha n(
newspaper during the period and time of peldi, at oD
, , .4.,_ doziQE __ said notice, and in the newspaF er propel an + -c
t ionentraantoiro zoning laws of the
�fqy� edd•Lance, a weld supplement L erecf that he t first publir tlr l T
leffeiMY:" b 0 efit,boe, f Cattle Pp
ham
hers -the-Board Cu eyCCom notice was druanied io the issue ot '-.ra,i u.sor
missioners of Weld County, Cob bearing date
credo, Weld County Centennial -'-- -. ----_.
Center. 915 lath Street, Greeley,
Colorado, at the time specified, All -------_- - - - "'—--" - --"' -_ --- - -
persons in any manner interested in S even th
the Use By Special Review are ------ _ —"" —--'-_-
repuesred to attend and may be day of _ _ -�f-tobeT
hears
BE IT ALSO KNOWN that the Weld and maps so and the last publication thereof 1ri ifs' is„
text W -
Commission
Weld County planning Co Cm by the mission newspaper bearing date the-__
ma
y be etxamined Board
in the office of -- - -
Commi Clerk o the Boc of nt thee Count/
County Cenennrs,allo en ter,in 1 Weld
County Centennial , e1, 10th .SI-!V entll
Street, Third Floor, Greeley, Cob -'-- - — - "'—
araao. date of _ Q.c t OU FT �?. _. { I" •:
DOCKET NO 82-65
APPLICANT. Western Paying that said To Greeley: Daily Trburrs ant
Construction Company
1NGeorge Wolf Republican, has been publis led ;rennin ;-y -
1400 West 64th Avenue
Denver,Colorado 80291 uninterrupte:ily during the period of at east
DATE October 10,1982
TIME:zoo P,M. months nex prior to the first issue then en( L nr an.
,REQUEST Use by Special Review
—anooen-cur gravel operation said notice cr advertisement above retelled t�., that
LEGAL DESCRIPTION:Part of Sections 16, V and all of newspaper ilas been admittec to the t1i1': t it Sir,
21, Township 2 North, Range 68
West of the 6th P.M.,Weld County mails as second-class matter under the. prwtscns 1f
Colorado.
BOARD OF COUNTY Act of March 3, 1879, or any amendments tl e-era ,
COMMISSIONERS
WELD COUNTY,COLORADO that said newspaper is a daily newspaper cf:l; cuaiii -
BY:MARY ANN FEUERSTEIN
WELD COUNT YCLERK for publishing legal notices and acvi sem.,: e wui
AND RECORDER AND
,, LER c Q OARt the meaning of the laws of the State i,f C<d ) 2 io.
.thatc
,T Gree tober 7, 1982
OC r7,19 _ - - -- -1®Be 6T�:�:.+s ern a
rota' charge : $14 .21
Advertising Cleric
Subscribed and sworn to before me this
7th day of _ October _-- P1 - 1y : 2
My--commis-ill,expires
1 7y7 �
Ncltary P lie
GRAN-r, McCATn e:v & 13E1?.Aura
[.ovoa„v-r. ( 01-OR DO soro1
October 19, 1982
Board of County Commissioners
of Weld County
Weld County Courthouse
Greeley, Colorado 80631
Re: U.S.R.--488:822
Western Paving Construction Company
Gentlemen:
Accompanying this letter is a copy of an "Agreement Regarding Sand and Gravel
Mining and Augmentation Plan Pertaining Thereto" the parties to which are
Western Paving Construction Company, the Water Users Association of District
No. 6, the Rural Ditch Company, the Godding Ditch Company and the Smith arc
Emmons Ditch Company. Our office represents the Water Users Association a.s
well as the three ditch companies.
Over the past several months we have met on numerous occasions with rack
Graham and other representatives of Western Paving and have resolved all
concerns which the citch companies and Water Users have regarding Western
Paving ' s mining proposal . The enclosed Agreement s the result of those
negotiations and the original of that Agreement is presently being circu-
lated so that all parties can sign it.
Having resolved our concerns about Western Paving '; mining operation , ve H: ve
no objection to the granting of Western Paving ' s p -rmit request. I world
like to especially thank the Weld County Planning staff, Planning Comrissirn
and the County Commissioners, as well as Mr. Graham, for working so rich
cooperating with the Water Users Association in ou. efforts to protect th ,
interests of Water Users while at the sane time pe-mitting Western Pry- nri
to mine the travel or its property.
Very trulv,ya :rs ,
Wa�lace H. Grmnt
WHG:bm
Enclosure
cc: Ferrin Harsch, Water, Users Association of District No.
Francis Gregerson, Gadding Ditch Company
David Camenisch, Rural Ditch Company
Will Englehard , Smith and Emmons Ditch Company
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date September 21, 1982 Case No. USR $ 488:82:2
APPLICATION OF Western Paving Construction Company
ADDRESS c/o George Wolf, 1400 West 64th Avenue, Denver, Colorado 80221 _--Moved by Fred Otis that the following resolution be introduc?d
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application for
an open-cut gravel operation _located on the following described
property in Weld County, Colorado, to-wit:
Part of Section 16, 17 and all of 21, T2N, i268W of the 6th P.M. , Weld County ,
Colorado
be recommended (favorably) (iiMaiiO) to the Board of County
Commissioners for the following reasons:
1. This request is in compliance with the Weld County Comprehensive Plan anal
the Weld County Extraction Plan, Mineral Resources, Volume II. The area
in question is located in a resource conservation area. The Weld Count'
Extraction Plan states that extraction shall be encouraged in resource
conservation areas as long as appropriate extraction standards are followed.
2. The submitted materials are in compliance with application requirements (-f
Sections 24.7 ; 44. 1; 44. 2 and 44.3 of the Weld County Zoning Ordinance.
3. It is the opinion of the Weld County Planning Commission that the appli-ant
has shown compliance with Section 24. 3. 1.1 and 44, et seq. of the Weld
County Zoning Ordinance as follows:
Motion seconded by Jack Holman
Vote:
For Passage Norman Peterson Against Passage Bob Ehrl ch -Arstain
Fred Otis Ed Reichert - fi2_s,_tain
Bill Diehl
Jack Holman
Bob Halleran
Jerry Kiefer
The Chairman declared the Resolution passed and ordered that a certifies con be
forwarded with the file of this case to the Board of County Commissioners f -
ft.rther proceedings.
CERTIFICATION OF COPY
I, Bobbie Good , 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 County, Colorado,
adopted on September 21, 1982 and recorded in Book No. VIII _ of the
proceedings of the said Planning Commission.
Dated the 22 cay of September , 1i82 _.
102 OW tees
'982 (4 ow .� O`e o M —Secretary
USR-488:82:2
Western Paving Construction Company
An open-cut gravel operation
Part of Section 16, 17 and all of 21, T2N, R68W of the 6th P.M. , Weld County, Colora o
Page 2
- 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 resources as identified on pages 62- 63 of the
Plan) .
- 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 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 intended proposal wi1L not
have significant traffic or noise impacts, nor will it require significant
improvements which might create incompatibility.
- Use by Special Review Operations and Design Standards provide adequate
protection of the health, safety and welfare of the neighborhood and
County.
- The Overlay District affecting the site Flood Hazard Distrr_ct, has
been addressed in the attached standards for the operation.
The Planning Commission recommendation for approval is conditional upon the
following:
1. The attached Operations Standards being recommended and approved or
this request.
2. The Following note being placed on the 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 Mind Land Reclamation Board;
however, Weld County has jurisdiction of those matters
outlined in the Operation Standards.
3. In compliance with Section 26.2 of the Weld County Zoning Ordinance
the owner and or operator shall furnish the Department of Planning
Services a certificate from a registered engineer that any of the
development within the Use by Special Review Permit area will not
change the direction of flow of water in a river or stream; that said
development will not result in a change of ten percent (10 ) or more
in the intermediate regional floodwater flows; and that said. operations
will not channelize a river or stream. The applicant shall comply
with Section 26.4.2 and 26.5.2 of the Weld County Zoning Ordinance in
the event any of the above conditions will occur. .
4. The Operation Standards being placed on the Use by Special Review
Permit plat. The Use by Special Review Permit plat shall be delivered
to the Department. of Planning Services.
5. Prior to the final approval of the Use by Special Review Permit by
the Board of County Commissioners, the applicant shall submit to the
Weld County Planning Department evidence of an acceptible agreemeat
between the Godding Ditch Company, the Rural Ditch Company, the Smith
and Emmons Ditch Company (all members of the Water Users Association
of District No. 6) regarding the sand and gravel mining issues as
they affect use and effectiveness of those ditches. The primary.
concerns involve disruption of flows, points of diversion both into
and from the subject property, and relocation of ditches and ditca
structures.
ur-488:82:2
Western Paving Construction Company
An open-cut gravel operation
Part of Section 16, 17 and all of 21, T2N, R68W of the 6th P.M. , Weld County, Col redo
Page 3
6. The applicant shall, prior to approval of the Use by Special Review
Permit offer and agree to an acceptable program of road maintenance
with the Weld County Commissioners which will be required to mitigate
impacts generated by the gravel mining operation. The maintenance
proposal shall address maintenance of the haul routes on Weld County
Road 5, 7 and 201/2
OPERATION STANDARDS
WESTERN PAVING CONSTRUCTION COMPANY
USR-488:82:2
1. The uses permitted on the hereon described parcel shall be the extraction
of sand and gravel as described in the application presented by Western
Paving Construction Company and on file in the office of the Department of
Planning Services. Configuration and order of phasing may be modified
where necessary in order to facilitate changes required due to protection
and/or realignment of ditches through the site.
2. The open-cut gravel operation shall comply with Section 44.4; Operation
Policies (excluding 44.4.7) of the Weld County Zoning Ordinance.
3. All phases of the sand and gravel operation shall comply with all County
and State Health Standards and regulations pertaining to air quality ,
water quality, noise emission and sanitary disposal systems.
4. If necessary, the property owner and/or operator shall obtain a well
permit to comply with C.R.S. 1973, 37-90-137 as referenced by the Division
of Water Resources.
5. All operations on the property shall be in conformance with Weld County
Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and
other itmes which might wash away during flooding shall be located outside
the one-hundred year flood plain or adequately flood proofed to avoid
creation of hazardous conditions.
a. Copies of pertinent documents filled with the Mined Land Reclamation Board
shall be forwarded to the Department of Planning Services office for
review.
7. The Use by Special Review Permit shall be limited to the plans shown
hereon and governed by the Operations Standards stated above and all
applicable Weld County Regulations. Any material deviations from the
plans and/or Operations Standards, as shown or stated above, shall require
the approval of an amendment to the Use by Special Review Permit by the
Planning Commission and the Board of County Commissioners befcre such
changes from the plans and/or Operation Standards shall be filed in the
office of the Department of Planning Services.
8. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Operation Standards. Noncompli-
ance with any of the above stated Operation Standards may be reason for
revocation of the Use by Special Review Permit by the Board of County
Commissioners.
RA:rg
Date: ,,arch 16, 1982
CASE NUMBER: USR-488 :82 :2
NAME: Western Paving Construction Company
REQUEST: an open-cut gravel operation
LEGAL DESCRIPTION: part of Section 16, 17 and all of 21, T2N, R68W
LOCATION: 3.5 miles northwest of the town of Firestone
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
approved FOR THE FOLLOWING REASONS:
1. This request is in compliance with the Weld County Comprehensive Plan and
the Weld County Extraction Plan, Mineral Resources, Volume II. The area in
question is located in a resource conservation area. The Weld County
Extraction Plan states that extraction shall be encouraged in ::esourca
conservation areas as long as appropriate extraction standards are followed.
2. The submitted materials are in compliance with application requirements of
Sections 24.7; 44.1; 44.2 and 44.3 of the Weld County Zoning Ordinance.
3. It is the opinion of the Department of Planning Services staff that the
applicant has shown compliance with Section 24.3.1.1 and 44 , et seq. of the
Weld County Zoning Ordinance as follows:
- 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 resources as identified on pages 62-63 of the
Plan) .
- The proposal is consistent with the intent of the Agricultural. Zone
District in that the proposed use does not interfere with other agricult:. ral
activities in the area or the County and as a use by special review
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 intended proposal will not have si,;nific; nt
traffic or noise impacts, nor will it require significant improvements
which might create. incompatibility.
- Use by Special Review Operations and Design Standards provide adegiate
protection of the health, safety and welfare of the neighborhood and
County.
- The Overlay District affecting the site Flood Hazard District , has
been addressed in the attached standards for the operation.
The Department of Planning Services staff recommendation for approval is conditional
upon the following:
1. The attached Operations Standards being recommended and approved for
this request.
2. The following note being placed on the Use by Special Review Permit.
pla'_:
NOTE: The Mined Land Reclamation Board has the authority to
issue permits for mining and reclamation activities. Activities
related to mining and reclamation are therefore under the
jurisdiction of the Mined Land Reclamation Board; however,
Weld County has jurisdiction of those matters outlined
in the Operations Standards .
US R--488 :82 :2
Western Paving Construction Company
An open-cut Gravel Operation
Part of Section 16, 17 and all of 21, T2N, R68W
3.5 miles northwest of the town of Firestone
March 16, 1982
Page 2
3. In compliance with Section 26.2 of the Weld County Zoning Ordinance
the owner and or operator shall furnish the Department of Planniag
services a certificate from a registered engineer that any of the
development within the Use by Special Review Permit area '.iLll not
change the direction of flow of water in a river or stream that said
development will not result in a change often percent (10'.?) or more in
the in the intermediate regional flood water flows and that said
operations will not channelize a river or stream. The applicant shall
comply with Section 26.4. 9 and 26. 5.2 of the Weld County Zoning Ord.inanc .
in the event any of the above conditions will occur.
4. The Operations Standards being placed on the Use by Special Review
Permit plat. The Use by Special Review Permit plat shall be delivered
to the Department of Planning Services.
5. Prior to the final approval of the Use by Special Review Permit by the
Board of County Commissioners, the applicant shall submit to the Weld
County Planning Department evidence of understanding with the Gcddirg
Ditch Company, the Rural Ditch Company, the Smith and Emmons Ditch
Company (all members of the Water Users Association of District No. 6)
regarding the sand and gravel mining issues as they affect use and
effectiveness of those ditches. the primary concerns involve disruption
of flows, points of diversion both into and from the subject properly,
and relocation of ditches and dit_h structures.
6. The applicant shall, prior to approval of the Special Use Permit of! er
and agree to an acceptable program of road maintenance with the Weld
County Commissioners which will be required to mitigate impacts generatE
by the gravel mining operation. The maintenance proposal shall address
maintenance of the haul routes on Weld County Road 5, 7 and
3 B-39
4 B-41
OPERATION STANDARDS
WESTERN PAVING CONSTRUCTION COMPANY
USR-488:82 :2
1. The uses permitted on the hereon described parcel shall be the extraction
of sand and gravel as described in the application presented by Western
Paving Construction Company and on file in the office of the Department of
Planning Services. Configuration and order of phasing may be modified
where necessary in order to facilitate changes required due to protection
and/or reallignment of ditches through the site.
2. The open-cut gravel operation shall comply with Section 44.4, Operation
Policies (excluding 44.4. 7) of the Weld County Zoning Ordinance.
3. All phases of the sand and gravel operation shall comply with all County
and State Health Standards and regulations pertaining to air quality, water
quality, noise emission, and sanitary disposal systems.
4. The property owner and/or operator shall obtain a well permit to comply
with C.R.S 1973, 37-90-137 as referenced by the Division of Water Resources.
5. All operations on the property shall be in conformance with Weld County
Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and
other items which might wash away during flooding shall be located outside
the one-hundred year floodplain or adequately floodproofed to avoid creation
of hazardous conditions.
6. Copies of pertinent documents filed with theMined Land Reclamation Board
shall be forwarded to the Department of Planning Services office for review.
7. The Use by Special Review Permit shall be limited to the plans shown hereon
and governed by the Operations Standards stated above and all applicable
Weld .County Regulations. Any material deviations from the plans and/or
Operations Standards as shown or stated above shall require the approval of
an amendment to the Use by Special Review Permit by the Planning Commission
and the Board of County Commissioners before such changes from the plans
and/or Operations Standards shall be permitted. Any other changes from the
plans and/or Operations Standards shall be filed in the office of the
Department of Planning Services.
9. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Operation Standards. Noncompliance
with any of the &bpve stated Operations Standards may be reason for revocation
of the Use by Special Reveiw Permit by the Board of County Commissioners .
RA:rg
B-40
•
ADDITIONAL COMMENTS
WESTERN PAVING CONSTRUCTION COMPANY
USR-488:82 :2
To date our office has received two (2) letters from surrounding property
owners with regard to this request for a gravel operation. Copies are
included in the attached packet.
The Mined Land Reclamation Board has jurisdiction over reclamation of
the property. All comments or questions regarding reclamation should be
directed to the attention of that state agency.
Colorado statutes place jurisdiction over water rights and augmentation
plans in the hands of the Division of Water Resources and Division Water
Court. Therefore, the Department of Planning Services staff feels that
consideration of factors relating to water augmentation plan would be
innappropriate in this application.
PROPERTY OWNERS MAILING LIST
Western Paving Construction CO
U.S.R. 488
Bernard E. & Michele Wagy Frank R. Szyjko et al
3030 Weld County Road 20'Z 3050 Weld County Road 20'g
Longmont, Colorado 80501 Longmont , Colorado 80501
Herman and Betty Schlagel Harry F. Callender
1262 Weld County Road 201/2 2964 Weld County Road 20"--
Longmont, Colorado 80501. Longmont , Colorado 80501
Lee ERvin Olson
1738 Weld County Road 20`2
Longmont, CO 80501
James H. Tull
7490 Clubhouse Road #201
Boulder, Colorado 80301
Robert D. and Eva M. Duckworth
2719 Weld. County Road 20%
Longmont, Colorado 80501
James D. & Kathryn E. Befus
9465 Weld County Road 7
Longmont, Colorado 80501
Kenneth A. & Rita R. Bitters
9236 Weld. County Road 7
Longmont, Colorado 80501
H. Richard and Patricia R. Blatzer
9428 Weld County Road 7
Longmont, Colorado 80501
Wallace H. & Lucille Meyer
2910 Weld Coutny Road 201
Longmont, Colorado 80501
Lain A. & Linda L. McCoy
2856 Weld County Road 201
Longmont, Colorado 80501
William A. Gillespie
256 Hemlock Street
Broomfield, Colorado 80020
June H. Lehr
3254 Weld County Road 20
Longmont, Colorado 80501
Cottonwood Land & Farms
1005 Riverside Drive
Fort Collins, Colorado 80521
{ Daniel P. and Charleen Junk
2909 Weld County Road 20
Longmont, Colorado 80501
Earl A. , Helen and Craig Anderson
8284 weld County Road 7
Longmont, Colorado 80501
Stromcuist Farms
c/o ARt Stromqui_st
12189 Oxford Road
Route 2
Longmont, Colorado 80501
mEmoRAnDum
W���• To Clerks to the Board Date _ September 29, 1982
COLORADO From____Rod Allison, Current Planner
s
Subject: Amended maps _ --- _ _—_
These are the amended maps for the proposed Western Paving Construction
open-cut gravel mining operation. This map will replace exhibit "C
preliminary map of Western Paving previously submitted.
RA:rg
REFERRAL LIST '
APPLICANT: Western Paving Construction Company CASE NUMBER: USR-4:88 :82 :
SENT REFERRALS OUT: February 5, 1982 REFERRALS TO BE RECEIVED BY February 26, - 982
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County Attorney (plat only) Fred Otis
Planning Commission 1embu
Weld County Health Department 1612 37th Avenue
AXX Greeley, Colorado E0634
Engineering Department
xx Rural Ditch Co .
--' County Extension Agent rDavid Canienisch
3598 St. Highway 119
Colorado Geological Survey Longmont, CO 80501
X xX I1313 Sherman Street Phone 776-2968
Room 703
Denver, Colorado 80203 Godding Ditch Co .
y Francis Gregerson
Colorado Water Conservation /1 5584 Weld Count./ Road 24
—x-xl Board Longmont , CO 80501
Centennial Building
1313 Sherman Street Smith & Emmons Ditch Co .
Denver, Colorado 80203 y 1047 Weld Count; Road 7
(� Longmont , CO 30501
State Engineer
x XX Division of Water Resources Rocky Mountain .,0nsultan.s , Inc
1313 Sherman St. , Room 818 District No . 6 Water Uses
Denver, Colorado 80203 X Attn: Robert C. Brand P .E.
500 Coffman Street
State Highway Department( 1420 2nd Street Suite 107
Longmont, CO 80601
Greeley, Colorado 80631
Burlington Northern Inc
Colorado Department of Health Regiional Office
Water Quality Control Division : 1405 Curtis
4210 East 11th Avenue Denver, CO 8020°-
Denver, Colorado 80220
NIrRIDwG
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SINTERING
- HYDROGEN
ANNEALIN l
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/1 rocessing
/�/y / inc. RBJNITR DING
oce in Co.,,ncSNORKEL WENCHINGD
lJ ll�7 V lJ/ CRYOGENIC STABILIZING
-� I _ BRIGHT HZARDENINO
l,f'A$iij] it '
10477 WELD COUNTY ROAD 7• LONGMONT,COLORADO 80501 PA TENT:SD, DECA RB FREE, CUSTOM HEAT TREATIVG
TELEPHONE 303 772-0250/
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l, FEB 2G 198?.�
Dept. of Planning Services
915 10th Street Weld Co. Planning Commission
Greeley, Colorado 80631
Re: Case Number USR-488
Attn: Mr. Tom Hohn
Gentlemen:
As irrigators on the Smith and Emmons Ditch Co. , we would like
to enter several objections to the proposed open-cut gravel
mining operation submitted by Western Paving Construction Co .
We note under section 7e the Western Paving has not designated
whether the operation will be "wet pit" or "dry pit. " Under
Section Ba, the proposed rehabilitation land use is :Listed as
"agricultural. " We don' t understand how 304 acres of water
are to be farmed.
In several places throughout the application the area to be
mined is referred to as "marginal agricultural land. " This
description does not square with the historic use of much of
the land which has grown hay, alfalfa, corn, barley, and sugar
beets over the past seventy years. It is prime irrigated farm
land.
As you already know from Mr. Wallace Grant' s letter of February
23, 1982, we strongly object to the proposed removal of the
Smith and Emmons ditch. We also question the data shown on the
mining and reclamanation plan map. At the point where the Smith
and Emmons ditch passes under Weld County Road 201, the map lists
the culvert' s capacity as 15cfs. We believe that a more accurate
capacity is 26cfs. Since we trust that Western Paving will be
responsible for maintaining the historic water use both in time
and quantity, such a discrepancy is crucial.
It is proposed by Western Paving that the culvert under Road 20%,
be filled for irrigation by raising the level of the excavated
GRANT, MCCARREN & 13ERNA RD
WALLACE H SPANI ATTORNEYS Al LAW
WILI. AM J. MCC ARP,N POST O=f CC BO> /A
DANIEL F. EERNAN0 �I.. N MIAHk ST ?CE
MAP,: R. CAR 5]N
RICHARD N LJ J� LONG.IONT, COLORADO 8O5O1 L ` ME >, I 5 _
sONS J. NA, HALF. JR_
February 23, 1982
Weld County
FE
D 8?5 15 I
Department of Planning Services i't
915 Tenth Street - J
Greeley, Colorado 80631 Wedd Co. Flanning C^_mmissicn
Re: Case No. USR-488
Western Paving Construction Company
Gentlemen:
Our office represents the Water Users Association of District No . 6, a ion-
profit corporation, the Godding Ditch Company, the Rural Ditch Company,
the Smith and Emmons Ditch Company and several individual water users who
live in the vicinity of and/or will be affected by Western Paving ' s proposed
"Cottonwood Farm" gravel mining operation.
4e have reviewed Western Paving Company' s application and supporting docu-
ments and have concern about a number of issues, including:
1 . The impact of the proposed mining operation and resulting
lakes on historical return flow patterns.
2. The shrinkage in irrigation flows which is expected during
the mining process and which we expect will continue after
the mining is completed because of excavation adjacent to
the Rural and Smith and Emmons ditches.
3. The effect of the mining operation and lakes on historical
ground water tables and the possibility that the mining
operation and reclamation plan will drastically alter sub-
irrigation patterns in the vicinity.
4. The effect of the plan on the Smith and Emmons Ditch which
the applicant has proposed to either relocate or remove.
Specifically, those persons using the Smith and Emmons Ditch
for the irrigation of property north of the Cottonwood Farm
pit oppose removal of the ditch and the substitution of pumps
and other mechanical delivery systems in place of gravity flow
structures .
5. The increased flood danger which the proposal presents in-
cluding specifically, the threat that after excavation a
Department of Planning Services
Re: Case Number USR-488
Page 2
February 25, 1982
lake of 189 acres. Since their maps sho the static lake leval
at one foot below th ;mith and Emmons culvert . it would require
189 acre feet of wat co bring the lake up tr. here even an inc .
of water would flow L -ugh the culvert. To `,Ting the lake .aster
up to the top of the culvert, as the ditch (6 ft. wide x 4 t' . do p'.
now does , would require 614 acre feet (3. 25 x 189) . This amount
exceeds the decreed water rights.
It was reported to me on-Monday, Februar} 22 , 1982 , by Mr . WaLlac
H. Grant , Attorney, that the "Agreement Regarding Sand and Gravel
Mining and Augmentation Plan Pertaining Thereto (See Exhitit
in application) was drawn up by Western Paving alone and thus
does not reflect the position of the District Six Water Users
nor the position of the Smith and Emmons Ditch Co. It ' s in-
clusion is misleading and should not be approved.
We respectfully request that the application for special use ee
denied.
Sincerely yours ,
//William L. Enggl-hard, PresLder
Smith and Emmons Ditch Cc .
i_201-enna44 _
y Groom, Stockholder
mith and Emmons Ditch Cc.
- Robert Duckworth, Stockholder
Smith and Emmons Ditch Cc.
WLE: jd
.OC C°40
A,
RICHARD D- LAMM JERIS A. D4NIELSC
Governor State Engineer
*/876 ....
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
March 1, 1982
Mr. Rod Allison -
Weld County Department of Planning Services.
915 10th Street
Greeley, CO 80631
Re: Western Paving Construction Company, Open-Cut Gravel
Mining Operation Northwest of the Town of Firestone
Dear Mr. Allison:
As requested by your office, we have reviewed the application for an
open-cut gravel operation northwest of Firestone. The application indicate
that spray bars will be used on their equipment. We need to know the source
of water and the amount of water to be used. Since the lakes created by the
excavation wil.1 be reclaimed for a beneficial use, wildlife, and since part
of the water in these lakes is derived from ground water, a well permit will
need to be obtained in order to avoid being in violation of CRS 1973, 37-90- 137.
The applicant appears to be aware of this requirement and has applied for the
well permit.
The applicant states that an augmentation plan will be agreed upon with
District 6 water users to mitigate losses to Boulder Creek due to evaporation
from the lakes. A plan of augmentation for Boulder Creek will have to be
approved in Division Water Court. Also, we believe the estimate of evaporation
losses, 540 acre-feet, is too low. The Colorado Big Thompson water that they
own could not be used in the augmentation plan. We are not certain what the
yield would be from the remaining shares that they own and, therefore, cannot
comment on the capability of these shares to meet the augmentation requirements.
It is not clear what the applicant is proposing to do during phase V with regard
to diversions from Boulder Creek.
It appears that the applicant will be able to protect adjacent ditch rtghts
after the project, however, we would like to know who will be responsible for
maintaining the mitigation measures after the project is completed. In add ..-
tion, we cannot tell from the report how these same ditches will be protected
during the dewatering phase of this project.
Meld County
Department of Planning Services
February 23, 1982
Page 2
flood could easily wash out portions of affected ditches
and interrupt delivery of water at strategic times during
the irrigation season.
We have discussed the above matters in significantly more detail with o.jr
clients and with Robert E. Brand, P.E. , the engineering consultant repre-
senting our clients. We also have scheduled a meeting on Thursday, Febru-
ary 25, 1982 with representatives of Western Paving to discuss our concerrs .
Our objective is to arrive at a position which will enable Western Paving
to proceed with its mining operations while at the same time protecting the
interests of the water users in the area.
Would you please notify me in advance of any hearings which may oe set on
Western Paving' s application. In the meantime, we will attempt to work oLt
our concerns directly with representatives of the applicant.
Very truix yours,
1
Wallace H. Grant
WHG:bm Vr
cc : Western Paving Construction Company
Robert E. Brand
David Camenisch
Will Englehard
Jack Hill
Frank Seewald
Francis Gregerson
Milton Nelson
Arthur Stromquist
B-1 1 gg 05, ri
r ,
!! F` 25 lc-7 i
W"1d Co. "rlWminQ n,rrr
March 5, 1982
To Thom it May Concern;
It has come to my attantion that iestern ?ruin- Con.:tr'cti'n.
Company is considering an ones cut grovel mining Poerntion in our
co ,a....pity. I strongly or_pose this action as it noses many thrp is
to me and my family.
am concernec; wits tree offensive. noise _ ,d oust love . s bae. mht
on ay this type of susinesc. I am a nomeownor in tha area gnu f, Hag
tl-_ _,ift of the county:. his tyre gf gaLiviry geulf force sg ni
ry family from our home. le took a e- t seal pf tl is ;o fLno Ls
c ;io'e country ii in.; that cc 1ov; ::ave. I ::ill ::e Li
u rc,ot if :e _lees n : ucroot :=nc begin all over !gain.
Also the co.aty so as As the area are now in dire need pf re air
.ith the odcitioncnf 'eight :;no. tref`i with t1 cc ty-e f husits s: ,
I is fr: id that they call only 1,ecom= worseneL. Another nrewttch
uosnsu by large trucks and machinery t , ffic i s the ssfetv of
small children in :he : rem with this ne vy influx of traffic.
I can aide foresee a ,iron in property valze with such an unsightly
u the val of cur earth so near to our comes. he im act on -..itcr lavrla
in the one: will 'oL greatly affected oy this ..fe oaeration.
will certainly be at a loss as this will severely affect their business.
I enty the farm co,..c,rn:ity sod do not wish to see it changed of ( he
fargsvg cnroots d upcausr of mini'-.g. lease un .erstnnd Ay cancers.
Enclosed is a Petition star-tea is opposition of the ;ravel. mining.
In m" Guest I was informed that ca personal letter to you seuld be ore
< 'fective. -here are many pe , nle in the co.ro .atty which g eatL,; t ose
this issue. P? ease resar-ct our rights as human leints to live in the
Mr. Rod Allison Page 2
March 1, 1982
The above should be addressed before the application for a mining permit
is granted. The open-pit gravel operation will be subject to all applicabl. ,r-
state water statutes.
Sincerely,
HaII.USimpson, P.E.
Assistant State Engineer
HDS/JRH:mvf
cc: Jim Clark, Div. Eng.
Robert Brand, Dist. 6 Water Users
cl
re r
4 Tg��
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Vleld Co. Planning CommisSion
:",e the undersii3ned ara concerned citizens, land •7ind ho:neo •'nears
in the Rinn Valley t;0 ,,r.ity. It has come to our 'ttention th-1
Nest€?rn 2aving Con:3z:ructjo:l Company is considering an oven cut
?'rav' 1 Ii ni; ..:'=r•l.lion in our c:ui et :ommunity. (L,?•ri1-').t., :-.i.on
1 :; , 17, 21 , T2Y, 16.:. ) ''e stron;-ly ocnose thi,5 action au tt. - ..ses
nr..ny .:treats to us , our fa:lilies and )ur future. (i. e. :)L••o''e.rt.',
value, offensive noise and dust, levels, impact on water levels,
dan ~ers to children and re -e. ted road renairs nosed by l.i.. 'e t_•,uck:,
;Ind Nschin€ry ) "1ec:se and•,.rstrnc. our concern.
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February 24 , 1982
Weld County Planning Commission
915 10th Street
Greeley, Colorado 80631
It has come to our attention that Western Paving Company
has made an application for a Special Use Permit to mine sand
and gravel from a parcel of ground located south of County
Road 20' in portions of sections 16 and 21 , T2N, R68W in Weld
County. Furthermore , it is our understanding that the proposed
mining plan calls for the relocation of existing irrigation
ditches and that the applicant is working with the District 6
Water Users Association in order to protect those who own water
rights in the vicinity of the proposed mine .
Cottonwood Land and Farms , A Partnership , owns a parcel cf
land immediately north of the subject property , north of County
Road 20 ; as such , we would like the members of the Planning
Commission to know that we have no objection to Western Pavinc
Company ' s proposed development of the much needed sand and
gravel resource found on their property.
Sincerely,
Edwin C. McDowell , Jr.
General Partner
53) I
I C,� IL1 �•l
I I
193;_
We!d Co. Planning Commiss!on
AGREEMENT REGARDING SAND AND GRAVEL MINING
AND AUGMENTATION PLAN PERTAINING THERETO
1 . PARTIES. The parties to this Agreem nt are WESTERN PAVING CON-
STRUCTION COMPANY, a Colorado corporation ( "Western Paving" ) , THE WATER
HERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation
( "Water Users") , THE RURAL DITCH COMPANY, a Colorado mutual ditch com-
pany ( "Rural " ) , THE GODDING DITCH COMPANY, a Colorado mutual ditch com-
pany ( "Godding") , and THE SMITH AND EMMONS DITCH COMPANY, a Colorado
mutual ditch company ( "Smith and Emmons") . The reference to "Water
Csers" as used in this Agreement shall be interpreted to include the
Water Users, member ditches of the Water Jsers, and the Rural , Godding
and Smith and Emmons ditch companies, unless the context indicates
otherwise.
2 . RECITALS. Western Paving owns the property described on Exhibit A
(the "Cottonwood Farm" ) and has applied to Weld County for a special use
permit and the Colorado Mined Land Reclamation Board for a mining per-
mit, to permit it to conduct sand and gravel mining activities on the
Cottonwood Farm property. The mining operations as contemplated by
Western Paving will necessitate the relocation of the Rural and Smith
and Emmons ditches which presently cross the Cottonwood Farm property.
It is also anticipated by the Water Users that the mining operations
contemplated by Western Paving may have an impact on historical surface
and ground water patterns on and in the vicinity of the Cottonwood Farm
property, may affect the flow water in the Rural and Smith and Emmons
ditches as relocated and may increase the risk of ditch washout from
flooding. Furthermore, the parties acknowledge that the construction of
lakes, which are part of Western Paving ' s reclamation plan, will result
in additional evaporation from open water surfaces which will adversely
affect Water Users unless augmented.
The Water Users have no objection to Western Paving' s mining operations
and reclamation of the Cottonwood Farm property if the concerns ex-
pressed above are addressed and the interests of the Water Users are
satisfactorily protected. Western Paving has agreed to protect those
interests and the purpose of this Agreement is to set forth the specific
agreements of the parties.
3. WESTERN PAVING' S AGREEMENTS. Western Paving agrees as follows:
a. To conduct its mining operations on the Cottonwood Farm
in accordance with the Mining and Reclamation Plan as finally approved
by Weld County and the Colorado Mined Land Reclamation Board.
b. That it will file an Application for Water Rights, in-
cluding storage rights, claiming that it has an appropriation of water
by virtue of the contemplated mining operation and reclamation plan,
subject, however, to this Agreement.
c. To construct those lakes which it constructs pursuant to
the approvec mining and reclamation plan in a good and workmanlike manner
and t.o equip the lakes with such structures as are required by law.
d. To relocate and reconstruct the Rural and Smith and Em-
mons ditches , as well as any historical wasteways crossing the Cotton-
wood Farm property, in such a manner as to assure that no ditch users o -
persons affected by such ditch or ditches ( including Godding and its
shareholders) shall be injured and in such a manner that the water and
waste water flowing in such ditches will flow in the same manner and at
the same time, and that such ditches and wasteways shall have the same
capacity as they have historically had. The Rural and Smith and Emmons
ditches shall be relocated and reconstructed according to plans and
specifications approved in advance by the respective ditch companies
prior to the commencement of mining activities east of a line 200 feet
west of the Smith and Emmons Ditch serving Duckworth, Grooms and Engle-
hard. The original ditches shall not oe removed until the new ditches
have been used for one irrigating season to show that they operate prop-
erly. Acceptance of the new ditches and abandonment of the old ditches
shall not relieve Western Paving of any of its obligations under this
Agreement. If any ditches or laterals are eliminated as the result of
Western Paving ' s mining operations or reclamation (for example, the plan
contemplates elimination of two laterals of the Smith and Emmons Ditch) ,
Western Paving shall obtain written consents from those water users
affected by such elimination and/or relocation, or, in the alternative,
a court decree permitting such elimination, and shall furnish copies of
those consents and/or decrees to the Water Users.
e. To specifically guarantee to Rural and Smith and Emmons
that they will receive water at the point at which their ditches flow
from the Cottonwood Farm' s property in the same amount, at the same
rates, and at the same times as they historically received water prior
to Western Paving ' s mining operations. Western Paving affirmatively
assumes the responsibility for delivering water to those ditches in
accordance with the foregoing and agrees that if, because of Western
Paving' s mining operations and reclamation, water cannot or is not de-
livered to the Rural and Smith and Emmons ditches in accordance with
historical flows, Western Paving shall obtain and deliver such addi-
tional water to the headgate of those ditches as is necessary to dupli-
cate historic patterns or compensate users of those ditches for any
losses resulting from Western Paving' s failure to do so.
f. To guarantee to Rural , Smith and Emmons, and Godding that
carrying losses from seepage and evaporation of the Rural and Smith and
Emmons ditches as they pass through or around the Cottonwood Farm prop-
erty will not be greater than historical carrying losses or if so, that
such losses shall be replaced immediately by Western Paving. Western
Paving agrees to install , within 90 days after mining permits are issued
by the Colorado Mined Land Reclamation Board and at least 12 months
prior to the commencement of mining operations, measuring devices on the
- 2 -
Rural , Smith and Emmons, and Godding ditches, approved in advance by the
Water Users, which devices -hall be above and below the Cottonwood Farm
property so that a historical flow pattern before mining operations are
commenced can be established. During ar.d after mining operations and
reclamation, Western Paving agrees to take such action as is necessary
to prevent increased carrying losses, including l ' ninq tnose ditches, it
necessary.
g. To install a system adjacent to the perimeter of Cotton-
wood Farm to monitor ground water tables to determine the impact of
Western Paving ' s mining operations and reclamation on ground water lev-
els on adjacent property. The system shall he approved in writing by
the Water Users prior to installation. Installation shall be completed
within 90 days after mining permits are issued by the Colorado Ihinec
Land Reclamation Board ann at least 12 months prior to the commencement
of mining operations so that an accurate historical ground water pattern
can be established. If the monitoring system indicates 3 change in the
water table caused by Western Paving ' s mining operations or reclamation,
Western Paving shall install a system for recharging ground water levels
and/or an alternative method for protecting property owners from injury
as the result of changes in ground water levels. Western Paving affirm-
atively agrees to recharge ground water levels or furnish alternate
water supplies to property owners whose ground water table falls as the
result of Western Paving ' s mining operations and reclamation, and to
provide means of reducing ground water levels where ground water tables
are raised as the result of Western Paving ' s mining operations or rec-
lamation.
h. To pay the cost of repairing or replacing any portion cf
the Rural or Smith and Emmons ditches, as relocated, which are damages
or washed out as a result of Western Paving' s negligence or the inade-
quate design or construction of those ditches by Western Paving.
i . To augment Boulder Creek, and the Rural , Smith and Em-
mons, and Godding ditches, in accordance with the water augmentation
policy for gravel pits of the Water Users Association of District No. 6,
thereby preventing injury to other water users, by conveying to the
Water Users Associat4on of District No. 6 an amount equal to two acre
feet of augmentationor each surface acre of lake constructed. Western
Paving' s current plans call for the construction of approximately 314
surface acres of lake. If, at the end of its mining operations on the
property, Western paving had constructed lakes having more or less than
this number of surface acres, Water Users shall convey to Western Paving
all water which has been conveyed to the Water Users by Western Paving
over and above an amount determined by multiplying the number of surface
acres of lakes by two acre feet or, if necessary, Western Paving shall
convey to the Water Users additional water in order to equal the amount
of two acre feet for each surface acre of lakes constructed.
- 3 -
r
Western Paving further agrees that the water rights which shall be used
for augmentation in compliance with the foregoing provisions and in
compliance with the water augmentation policy for gravel pits of the
Water Users Association of District No. 6 shall be the water rights
described on Exhibit B, or comparable water rights. Western Paving
further agrees that the water rights described on Exhibit B shall be, as
between the parties to this Agreement, considered to be appurtenant to
the property described on Exhibit A and shall not be sold, transferred
or used on grounds other than the property described on Exhibit A unt 1
after Western Paving has given the parties to this Agreement at. least 90
days ' prior written notice of its desire to use or transfer all or any
part of said water rights elsewhere and Western Paving ' s negotiation, in
good faith, with the parties to this Agreement for their consent to such
transfer or use, and in the absence of such agreement, Western Paving
shall not transfer or use all or any part of said water rights elsewhere
unless it has first obtained a decree of the Water Court authorizing
such use or transfer.
j. In order to implement the provisions of this Agreement ,
the water rights described above (with the exception of the Colorado Big
Thompson Project Water which is provided for in the preceding paragraph)
shall be conveyed to the Water Users Association of District 6 by deed
or by appropriate stock transfer and, the deed of conveyance shall recite
or the stock certificate issued to the Water Users shall bear, the fol-
lowing notation:
"These water rights (shares) and the uses of water attribut-
able thereto are restricted by an Agreement dated
entered into between Western Paving Construction Company, a
• Colorado corporation, the Water Users Association of District
No. 6, a Colorado nonprofit corporation, the Rural Ditch Com-
pany, a Colorado mutual ditch company, the Smith and Emmons
Ditch Company, a Colorado mutual ditch company, and the God-
ding Ditch Company, a Colorado mutual ditch company, and are
subject to the terms of that Agreement. Said Agreement is
recorded in the office of the Clerk and Recorder of Weld
County, Colorado, and affects parts of Sections 16 and 17, and
all of Section 21 , Township 2 North, Range 68 West of the 6th
P.M. , Weld County, Colorado. "
Conveyance of water rights pursuant to this provision shall be accom-
plished prior to the commencement of mining. Western Paving shall be
entitled to use the water represented by the foregoing water rights
until the same are required for augmentation pursuant to the provisions
of this Agreement.
k. With respect to the water rights transferred and/or re-
stricted pursuant to this Agreement, pay all ditch assessments until
such rights are required for augmentation at and from which time the
- 4
Water Users shall pay all ditch assessments. Voting of the shares
transferred pursuant to this Agreement shall be determined by the Board
of Directors of the Water Users Association of District No. 6.
1 . To reimburse the water users for its necessary and rea-
sonable expenses incurred in connection with its review of the mining
and reclamation plan and the preparation of this Agreement.
4. INDEMN.FiCATION. Western Paving hereby agrees to at all times
indemnify and keep indemnified the Water Users Association of District
No. 6, the Rural Ditch Company, the Smith and Emmons Ditch Company, the
Godding Ditch Company, and their respective officers and directors, and
rrold and save them harmless from and against all liability for damages,
loss, costs, charges and expenses of whatever kind and nature, including
attorneys ' tees, which they or any of them shall or may, at any time,
sustain or incur by reason or in consequence of Western Paving ' s mining
operations or reclamation of the Connonwood Farm or the relocation and
reconstruction of the Rural and the Smith and Emmons Ditch, as contem-
slated hereby.
5. COVENANT RUNNING WITH THE LAND AND WATER RIGHTS AND EASEMENT. This
Agreement shall be a covenant which runs with the land described on
Exhibit A, and the water rights described above, and shall continue in
effect and be binding upon the parties, their successors and assigns,
unless or until the Water Users waive the terms hereof in writing or
until entry of a judicial determination modifying this Agreement or
determining that the provisions hereof are no longer required. The
Water Users, Rural and Smith and Emmons shall have an easement for con-
veying water and for operation, maintenance and repair of the ditches ,
as relocated, which easement shall be limited to reasonable access for
the aforementioned purposes. The rights of the Water Users, Rural and
Smith and Emmons to use the original ditches shall terminate after the
new ditches have been in operation, and operated properly for one full
irrigating season.
6. WATER USERS' AGREEMENT. In consideration of the covenants and
agreements of Western Paving, the Water Users, Rural , Godding, and Smith
and Emmons hereby:
a. Withdraw any and all objections to the special use appli-
cation which Western Paving has filed with Weld County and consent that
the same may be issued at the discretion of Weld County.
b. Withdraw any and all objections to the granting of the
mining permit which Western Paving has applied to the Colorado Mined
Land Reclamation Board for and consent that the same may be issued at
the discretion of the Colorado Mined Land Reclamation Board.
c. Covenant that they will not raise any objection to the
mining or reclamation conducted in accordance with the provisions hereof
- 5 -
and the approved mining and reclamation clans, or commence any litiga-
tion seeking injunctive or compensatory relief arising therefrom except
for violation of the covenants and agreements set forth herein.
7 . TERMINATION OF AGREEMENT. In the event that no Mining and Reclama-
tion Plan is finally approved by Weld County and the Colorado Mined Land
Reclamation Board, that mining permits are not granted, or that Western
Paving does not mine the property, this Agreement, at the written request
of Western Paving, shall he null and void, and all water rights which
have been conveyed or assigned to the Water Users pursuant hereto shall
be return to Western Paving, its successors or assigns.
8. ENFORCEMENT. This Agreement may be enforced by the Water Users, or
any of its members who are adversely affected by any violation of any
term hereof, by seeking any appropriate equitable and legal remedies,
including injunctive relief, specific performance and damages. In the
event that litigation is commenced by the Water Users or any of its
members to obtain such enforcement, and the Water Users or any member
prevails, Western Paving and/or its successors and assigns agree to pay
for any reasonable attorneys ' fees and court costs expended by the Water
Users or the member in obtaining such enforcement. However, if Western
Paving prevails, the Water Users, or the member instituting the litiga-
tion, shall pay such fees and court costs expended by Western Paving.
9. EXHIBITS. All exhibits referred to in this Agreement are, by
reference, incorporated herein for all purposes.
10. BINDING EFFECT. This Agreement shall be binding upon the parties,
and their respective successors and assigns.
DATED:
WESTERN PAVING CONSTUCTION COMPANY, THE WATER USERS ASSOCIATION OF
a Colorado corporation DISTRICT NO. 6, a Colorado
nonprofit corporation
By By THE RURAL DITCH COMPANY, a Colorado THE GODDING DITCH COMPANY, a
mutual ditch company Colorado mutual ditch company
By _ By
THE SMITH AND EMMONS DITCH COMPANY,
a Colorado mutual ditch company
By
- 6 -
STATE OF COLORADO
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this _ _ day
of , 1982, by _.------._.
as of Western Paving Company..
Witness my hand and official seal .
My commission expires: •
Notary Public
Address:
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this day
of , 1982, by
as of The Water Users Association of District No. b.
Witness my hand and official seal .
My commission expires:
Notary Public
Address:
STATE OF COLORADO )
) S.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this __ __ day
of , 1982, by __
as —_T of The Rural itch Company.' T'
Witness my hand and official seal .
My commission expires:
Notary Public -- ----- -------..__..
Address:
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this day
of , 1982, by
as of The Godding-Titch Company.
Witness my hand and offici31 seal .
My commission expires:
Notary Public
Address:
- 8 -
STATE OF COLORADO )
)
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this day
of , 1982, by
as of The Smith and Emmons Ditch Company.
Witness my hand and official seal .
My commission expires:
Notary Public
Address:
WNG:mj - 9 -
EXHIBIT A to: AGREEMENT REGARDING SAND AND GRAVEL MINING
AND AUGMENTATION PLAN PERTAINING THERETO
PARTIES: WESTERN PAVING CONSTRUCTION COMPANY, THE WATER USERS
ASSOCIATION OF DISTRICT NO. 6, THE RURAL DITCH COMPANY,
THE GODDING DITCH COMPANY, and THE SMITH AND EMMONS
DITCH COMPANY
Legal description:
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1O
fix\d�o•toottom--ss�oD
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property COTTONWOOD FAR1
STATE OF COLORADO )
} ss.
COUNTY OF WELD }
THE UNCEPSIGNEf1, being first duly sworn , state; that to the best of his
or her knowledge the attached list is a true and accurate list of the r.arres
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, cr
from an ownership update from a title or abstract company or an attorney.
George R . W olf, lice Pres/Asst. Secretary
The foregoing instru:rent was subscribed and sworn to before me
this 30th day of January , 19 32 By George R. Wolf , Vice
President/Asst.Secretary of Western Paving Construction Co.
WITNESS my hand and official seal .
My Commission expires :
Notary Public
The mining and reclamation plan is consist?nt dith the mineral extraction
plan of the Weld County comprehensive Plan .
Mining is allowed and is consistent with the intent of the agriculture
district.
The uses allowed will be compatible with the surrounding agriculture
and gravel mining operations.
The mining plan does not conflict with future development as projected
by the comprehensive plan of the county, as the future is agriculture.
The property lies within the Boulder Creek flood plain and complies
with the Weld County zoning ordinance.
The mining plan represents the highest and best use of the marginal
agriculture land.
The mining plan explains that there is adequate provision for health,
safety and welfare of the inhabitants of the neighborhood and the count,/.
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property COTTONWOOD FARM
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 Nu;Tber 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 asser,bled within
thirty (30) days of the application submission date.
i S . rj
George R. 'Wolf, Vice Prey/Asst. Secretary
1
The foregoing instru:rent :gas subscribed and sworn to before -e this
30,hilaY tanuany , 19-22 by George R. Wof, Vi=_ P cs—ent/ —
Asst. Secretary of Western Paving Construction Co.
WITNESS my hand and official seal .
My Commission expires :
///71--- t cC t_
Notary Public
OPER.AFIONS SC\NPARDS •
1. Che uses permitted shall he the extraction of sand and gravel ,is
described herein . Said document is on file with the Weld County
Department of Planning Services . Additionally , all uses permitted
by right of the Weld County :oning Regulations .
2. \;o excavation or processing of sand and gravel shall be peinitted
nearer than 10 feet to the boundary of adjacent property , ciserent
or irrigation ditch or right-of-way , nor nearer than I _'5 feet to
any existing residence , unless , by written agreement , the oner
or owners of such adjacent property consent to a lesser distance
and the Planning Commission approves such lesser distance . lie
Planning Commission may set a greater distance than mentioned
above , when , in their opinion , it is justified.
3. All sand and gravel operations shall be conducted during the hours
of daylight except in the case of public or private emergency or
to make necessary repairs to equipment . Ibis restriction shalt
not apply to peration of administrative and executive affi _ _ s r
repair facilities located on the property .
4. the Special Use Permit area shall he maintained in such a -. tn:•ier s.
as to prevent soil erosion , fugitive dust and growth of noxious
weeds . The site shall he maintained in such a manner as to present
a neat and well kept appearance .
5. Existing trees and ground cover along public road frontage and its
drainageway shall be preserved , maintained and supplemented it
necessary , for the depth of the setback in order to protect a :tinst
and/or reduce noise , dust and erosion .
Where topsoil is removed, sufficient arable soil shall be . .t asid. ,
6. For respreading over the excavated area .
7. Insurance - the operator shall furnish evidence that he is insured
to the extent of not less than SlCU , ii'1i . I!0 against liability for
any negligent act or omission by the operator from the operation oI
maintenance of the sand and gravel pit and the extraction and
production of sand and gravel and all activities connected .. ith or
incidental thereto .
3. Lighting provided for security and night operation on tie sir , sha . 1
he designed , sn rhat the lighting w1I1 not adversely aif-. _ . t
surround iti c pro[at rt '
9. All phases or th sand rnd gravel operation shall comply Irn a ! l
appiicahl county , state and Federal Health Standards :In,l I'_ ! it ' ,
and other applicable vales and regulations al governmentoL bodies
having jurisdiction on the premises .
10. All access roads from surface gravel mining operations to public
highways , roads , , r streets , shall he paved or otherwise treated
minimize dust conditions on all parts of suet' access -oad = which :ne
located within one - fourth miles of the public highway = , road or
streets . Al ! ac_ csac < shall have the Approval of the Weld .winty
Engineering iicpartmcnr . .All accesses shall he constrnctr.l in
accordance t. itin the recommendations And/or requirement; or the
County Engineering Department .
OPERATIONS STANDARDS (Cont 'd)
11 . Any operations of the gravel pit should not obstruct the passage of
the 100 year flood flows to the point that it has any adverse effects
on others .
.2 . Fuel tanks , septic tanks , and other items that might wash away during
flooding and create "hazards to public health" should be located
outside the 100-year floodplain or securely anchored and adequately
floodproofed to avoid creation of this type hazard. Any additional
temporary structures that may be required should be located outside
the 100-year floodplain.
13. All temporary and portable structures should be removed from the area
upon completion of mining and the land returned to as natural a state
as possible.
14 . All phases of the operation shall comply with the requirements of the
Colorado Mined Land Reclamation Act and other applicable rules and
regulations of governmental bodies having jurisdiction on the promise .
15 . The owner and/or operator shall submit to the Weld County Department
of Planning Services copies of any technical revisions , amendments ,
or annual reports submitted under the terms of the permit conditions
for the Colorado Mined Land Reclamation Board .
16 . A gravel processing plant for crushing and sizing may be allowed on
site .
17 . The Special Use Permit shall be limited to the plans shown hereon and
governed by the Operations Standards state above and all applicable
Peld County Regulations . \nv material deviations from the plans
and./or Operations Standards as shown or stated above shall require
• the approval of an amendment to the Special Use Permit by the Plinnin,,
Commission and the Board of County Commissioners before such changes
from the plans and/or Operations Standards shall be permitted . Any
other changes from the plans and/or Operations Standards shalt be
filed in the office of the Department of Planning Services .
15 . The property owner and/or operator of this operation shall be
responsible for complying with all of the above state Operations
Standards . Noncompliance with any of the above stated Operation=
Standards may be reason for revocation of the Special Use Per-lit H_:
the Board of County Commissioners .
,. • -.its • :+ . '-... -‘1,,,,.-..7.;:.':`,14.:.:.7:
1 t. �S ",• .:
;- poi C ERFMTCAT!is issuick.Ap ItL flMZTo!Of%?I i'• " a ; a_ . ,,,,v,„1:-..--•
. 4.1
Ofd • . �,►Af�et cari!'�4i.f� t'egii�il.tlff� � . ,. , ;
• THIS CERTIFICATE dOEI Hert AN!'?i EMTMNR'O*'ALTER 1141 COYERA61 uromonk t W otacivs'LttM*'
NAVE AND AGEPESS Of AGENCY i - .
COMPANiES AFFORDING COVERAGES E TER r
Johnson & Higgins of Pennsylvania, Inc. r — —
1600 Grant Building NY
L -
A The Travelers Insurance Companie
Pittsburgh, PA 15219 - - ----
Attn: ,1. Culkin COMPAhv
LETTER •
• NAME ANO AbbRESS OF +N —
SUPEO --- -
CCMPANY ! '
LETTER•
V
Koppers Company, Inc. — — -_—_ KCO
Koppers Building LETTER Y D °}
Pittsburgh, PA 15219 — —
•
COMPANY E 1
UTTER
This•s to certify that potic.es of instarance'sted brow rave been iss.ed to the,rsured named above and are in trice at TT;S•+r.0- Notwithstanding any•ert.:rererit.terra cr:ord.t:on
. of any contract or other document wi:n:-stect to Nh•cn this certificate may be isa,ed or ray pertain,the'rs.,rtrce afforded Oy`re policies Oeacr c-ri reran s s:,o,ect:a a, tie gl :
terms,eac:us.ors and conditions of si.ch:.e.'c:es.
:•APAv► I Pmt Limits of Liability in hot, ads(ui:0) 1. :
__ -_q ;vPECc'NSLPANCE POL!'vV,t`t?ERPtRar:csE. ---- - ?F;
GENERAL LIABILITY I ,_ - -- `-5.,MPW.!.ENSiVE FCP`A b`
� EM!S CS-t:`FRAY•�N3 PqOPERTy s
C•y^/Aet ,NO COLLA-SE TRSLG180T4523-81 5/1/82 "• '
'.VJERDL ND rAIARD -- _ -.--,
PP CUCti'�CVtPLETED i?..,
•
i'7 OPERArUoNS HOIARo E(ODILY,NiL•RY=NO
{I;y.O II P,C TUAL iNSL aAM E PRCPERT'•DAYL3E S 1,0O0 Si,00O
E ..
I aneao FORM PRCPERTv • •:Omea ED I
jAMAGE
!L INCEPENCENr CONTRAC r.;?S i
i r_ PEasoNAL ....URv I :I,000 ,:..
W I AUTOMOBILE LIABILITY t '
A. ! --, .;MPPEnE'viNE :-..-..Q... N)CILr Y..:J•r Is •.w.^,r
;AAED TRCAP180T4541-81 5/1/82 •-`c� ' c�i'.'' •
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I�V.1N;.dNE� • t.v !v,..Av.:rlC F
RC- ---
-'2'.:.F.41-,D.AA,E I :1,000
EXCESS LIABILITY — I ',..I
'!""'EI --------— ::
•
I '.•ASPELLA FSRM ?cai. S Il
rr+Err rr+AV t,stoRtL_A G i
'WORN ERS'COMPENSATION - 'a lftrs r
A • and TDRKLB180T4455-81 I 5/1/82 -779r "!I "' ..,s 3; f .;
EMPLOYERS'LIABILITY i �^r'' s
I OTHER
-s•.,Y.
GEs.;R Cl-?TfCY ?PERATCN5.1OCAr;C'Ns,•;EHICLES �'
71.1
All Operations/Locations/Vehicles
Re: Gravel operations - Cottonwood Farms
-
Cancellation: Should any of the abc-/e descri•`/�ed pclrc.es '.-,e C.Irc tt;ed bef a egb t ,• r�
pany will e^.d•33v3r to mail _J.S1— days Nritten :iot.ce to the bei' N rltr?,; Cdrtif :ate ,I...? ,:t a : .
m31I such:'mot ce Shall Imaose r..' bligat'cn or Iiaht;ity of any R!t".7 ...-•.r, r:•e-.:?ntpar• s
:i
r
NAME AND acCRFS5rrLEM'C,cArF.-,:)!DER _..._, K
BOARD OF C OUNTY COMMISSION ERS )ATE =..ea • September_72 981,__ _ _ _
WELD COUNTY, COLORADO
s -. ;S • •;,
A PORtION OF SECTIONS 16 , IT , S AND ' 1 , f ' N, R 68 W OF f IE
6th P . I. , WEED COUNTY, SLUE OF COLORADO , MOIRE. PARIICUiARI.Y
DESCRIBED AS FOLLOWS:
Beginning at the Southeast Corner of said Section 16 , that ocing
the true point of beginning , thence North 0' 05 ' 21 " Cast a
distance of 2 ,?09 . 46 ' ; thence South 34 ° 31 " 1 " Hest a distance of
615 . 00 ' ; thence North 48 ' I4 ' 39" West a distance of .7 . "0 ' thence
North 00' 40 ' 06" East a distance of 114 . 22 ' ; thence North 89' 0 ! ' 15"
West a distance of 366 . 66 ' ; thence North 00' 58 ' 45" East a distance
of 377 . 68 ' ; thence South 39' 45 ' 33" West a distance of 531 . 0 ' ' ;
thence North 00'38 ' 33" East a distance of 65. . 37 ' ' thence .SJlltll
39° -15 ' 33" West a distance of 4 .4 ' . 56 ' ; thence North 39' 55 ' 00" West
a distance of 469 . 70 ' ; thence South 34 ' 31 ' '.I0l" East a distincc at
336 . nil ' ; thence South25 ' 231 '4'' East a distance of 71 . 77 ' ; thouce
South '.111`' .1 h ' U6" East a distance of - 7 )4 . " ; thence South
o'1' ' 1 ' 4_'" West a distance of 1 , 328 . 34 ' ; thence North 511' 15 ' 3-'
fast a distance of 5 , 01'94 . 71 ' ; thence North 3 ' 24 ' 41 " East a
distance of I , 593 . 15 ' ; thence Nortn S ' 54 ' •14" Last a distan_e of
1 , 3' 1 . 57 ' to the true point of beginning , containing net acre < of
400 . 344 , more or less .
SURVEYOR' S CERTIFICATION :
I hereby certify that the legal description Was prepared under my
personal supervision and that it is .1 true and accurate reI'res• n-
tation of existing conditions to the best of my knoi. Iedge .
••
L, E t G i --
GEf U27, Z t1)LP
COI t R.\if0 R.L.S . _ :
WESTERN PAVING CONSTRUCTION Co.
OPEN MINING PERMITS
GRANTED BY
DEPARTMENT OF NATURAL RESOURCES,
MINED LAND RECLAMATION
State
Permit No. Pit Name Location
6 Birdland Park Pit 51st and Garrison
Arvada, Colorado
5 Filippone Pit 201 West 64th Avenue
Adams County, C o.
10 Winslow Pit 1600 West 64th Avenue
Adams County, Co.
39 Carbon Mountain Pit Jefferson County, Co.
36 and Bandimere Pit *
Expanded under then known as 48th & McIntyre Street
76-4 McIntyre Street Project * Jefferson County, Colorado
9 and New East of Lyons, Co.
Permit 74-I5CA Weng Pit Boulder County, Co.
4 and 75-39 Metzger Pit * 104th Avenue & Platte River
Adams County, Co.
76-8 LaRusso Pit 2200 West 60th Aven
Adams County, Co.
77-169 York Pit 6193 Pecos Street
Adams County, Co.
Zang Street Project, 44th and Zang Street
Adjacent to Mt. Olivet * Jefferson County, Co.
Lhn umbered
(1975) North Table Mountain Jefferson County, Co.
* These are Joint Ventures of Western Paving Construction Co.
and Brannan Said & Gravel Co.
...!4004 934: I:eu•oic1 nt /02o-5 o'clock P h1_aPR-.2 71981
185 6a.0N
eeil
,tr,te of Colorndn, Weld County Clerk G '.•oor ter
WARRANTY DEED
E. NAX SERAFINI and DORIS ANN SERAFIHI, whose a'idr•o:;, +s ?"062 East
• 160th Street, Brighton, County of Adams. State ,f Colorado, ro- t'a
consideration of
dollars, hereby sell and convey to WESTERN PAVING COESTA'.ICTIO'1 CU. a C.Ytorndo
u corporation, whose address is 1400 West 54th .Avenue, Deriver, County
of Denver,
and State of Colorado, the fallowing real property in the c.c.o.r!':y of hold and
.:t.ete of Colorado, to—wit:
0
rn
All that part of the NE 1/4 pr' the ^E 1/e of f ,..1 „ 1
Toni nhip
2 North, Range 63 West of the 6th F.N., rlorc, plrti^sic^ly
described az follows:
Eeglrning at the East quarter-corner of "ection 17; th.?nca _;o,;th
rjaAttlUCbfriflliVIrILL on the East line 702.6 feet; thence North 56°ri0' .;r,,;: .;:;,4 re•t:
,.) thence North 1'09' East 193.3 feet; thence North 23'59• 'fa;,
North 5237 West 230.2 feet; thence N'-tt, ,,, t 41
felt; thence Wt
tyy ° ' 31'
nt: ' t West 336.6 feet to the East and West eerier line of Section 17;
f.a 111111 thence South 39°55' East 469.7 feet to the point of beginning;
TOGETHER WITH all ditch and water rights appertaining thereto,
including three domestic water taps of The Left Hand Water Surely
Company;
with all its appurtenances and warrant the title to same aubjrict. to 1:;1^ 1?q;
general property taxes wh/ch by reason of adjustments, the c,rantee ns:umee and
agrees to pay; any liens by reason of the inclusion of said rr•mines in Tne
Northern Colorado Water Conservancy District and The Longmen. Free Protection
District; existing rights of way and easements for railroads, ditches, erhals3,
utility lines and roads; patent restrictions of record; aid fl,rther sub'.u.,- co
all and gas leases of record, and further subject to any existing tenancies.
4
Signed this 2Y day of April, 11".1.
r` s
State Documentary Fee c,- - - _ .�
APR 2 71981 oris AL Sera.iS , ' i t rr r, /
Date. 1'1cf. for F. MixSe'r3P'ini,
oris Ann Sera.eir.j.
..Tart: OF COLORADO
) S3.
CC JWT? OF B0t1LDw'R )
71.1 WI3
day of April, 1yd 1 oy Doris Anr Sera iri, ci r n•-! „71 -r.•r
in fact for C. Sax Serof:.r,i.
Witness ;1y lend and cifloiel a;rr,' �pO �`�1►
�.�
"v ••^o„misston expires: Az Commission expiref Aug.4,1981 d'• 18nd,•
,,nom
8 934 oo5o'clocko'clockP APR 2 71981 ea 2,•rnrrind at o'clock
Rec.t,o. 185f a.11. `') ,, 4O
Cf3�..1��<,,w
a-- I (xb
State of Colorndo, Weld County Clerk ef Recorder
WARRANTY DEED
C.
0
E. MAX SERAFINI and DORIS ANN SERAFINI, whose address is 24062 East
160th Street, Brighton, County of Adams, State of Colorado, for the
•
consideration of five dollars and other valuable consideration, including
exchange for other real property, hereby sell and convey to WESTERN PAVING
CONSTRUCTION CO, a Colorado corporation, whose legal address is 1400 West 64th
Avenue, Denver, County of Denver, and State of Colorado the following real
property in the County of Weld and State of Colorado, to—wit:
O
See attached Parcel D.
SIAi[i b u;i;ti d,1 ItE
TOGETHER WITH all ditch and water rights appertaining to, affixed
` or used upon the real estate, including all real property
- .\ interests in The Godding Ditch and The Smith & Emmons Ditch and
their decrees; 50 acre feet of water as allotted to said
premises by The Northern Colorado Water Conservancy District,
with all its appurtenances and warrant the title to same subject to two
promissory notes payable to The Travelers Insurance Company, secured by deeds of
trust recorded in Book 910, Reception No. 1840522, and Book 816, Reception No.
1737815 of the Weld County, Colorado records, having an aggregate principal and
interest balance of $600,000.00, which the grantee assumes and agrees to pay;
the 1981 general property taxes which the grantee assumes and agrees to pay; any
existing farm tenancies; any liens by reason of the inclusion of said premises
in The Northern Colorado Water Conservancy District and The Longmont Fire
Protection District; existing rights of way and easements for railroads,
ditches, creeks, utility lines, gas lines and roads; patent restrictions of
record; and further subject to oil and gas leases of record.
The grantors further convey to the grantee all of their right, title and
interest in and to The Carr & Tyler Ditch and The N. K. Smith & Tyler Ditch and
their decrees;
Signed this sj 4day of April, 1981.
State Documentary Fee ris Ann erafini as atto ey
in fact for E. Max Serafini.
Dote APR 2 71981
s -
oris Ann Serafini.
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 7O4
day of April, 1981 by Doris Ann Serafini individually and as attorney
in fact for E. Max Serafini.
Witness my hand and official seal.
My commission expires: Ky Commi. on expifas Aug.4,1981 Spy;•'••'• •.!f
I Jr . •
o
// . lgntr
Notary Publ.t6. .ti d
3A%l
•�cp�934 •
F'?1 of the SW ,( he SF..' of Section 16 85G�1� .
':'West ' , 1� ne!lip 2 North, Range
- of the 6th P.N.
EXCEPT beginning at the Northeast corner of said E!, of the SE'-
thence running West 371''-, feet;
thence South 178 feet;
thence East 37.1!; feet; tl
�;
thence Ncrth 178 feet to the PLACE OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Albert F. Small in W rranty
Decd recorded November 30, 1915 in rook 430 at Page .123, being rmore ,!
particularly described as follows:
BEGINNING at a point on the bast line. of Section 16, Township 2
North, Range 68 West of the 6th P.M.,
whence the East Quarter corner of the said Section bears North 178.3
feet;
thence South along the East line of the said Section 470 feet;
thence S34°25'W 645 feet;
thence N48°20'W 25 feet;
thence NOO°37'E 981 feet;
thence N89°24'E 371 feet to the POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Lee Powell and Frona Powell
in Quit Claim Deed recorded January 6, 1947 in Book 1195 at Page 24,
being more particularly described as follows:
A tract of land in the said S1 of Section 16,
BEGINNING at a point on the South line of said Section 16, 1296 feet
West of the Southeast corner of said Section 16;
thence N2°05'W 33 feet to the TRUE POINT OF BEGINNING;
thence N2°05'W 663 feet;
thence NO°14'E 181.6 feet;
thence N2°28'E 446.2 feet; •
thence S89`53'W 681.3 feet;
thence 544°57'W 217.5 feet
thence N54°15'W 455.1 feet;
Thence S84°43'W 279.1 feet;
thonce $61°5R'W 150.2 feet;
thence S7°41'W 397.1 feet;
thence S39°33'E 328.4 feet;
thence S-40°l0'tl 900 feet;
thence along the South line of said Section 16 S89°58'E 2009.3 feet;
thence N40°59'E 45.5 feet, more or less, to the TRUE POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to Walter Springeteel and Fred
R. Springsteel in Warranty Deed recorded November 10, 1936 in Book 1001
at Page 205, being more particularly described as follo-:;s:
A tract of land in the SEA of Section 16, Township 2 North, Range 60
'feat of the 6th P.M., described as follows:
BEGINNING at a point 371.5 feet West of the Northeast corner of said
Quarter. section; •
thence West 350 feet;'
thence South 1040 feet;
thence East 350 feet; .
thence North 1040 feet to the POINT OF BEGINNING
ALSO EXCEPT a tract of land conveyed to A. E. Mundt in Warranty Deed
recorded August 22, 1942 in Book 1097 at Page 544, being more particularly •
described as follows: •
A tract of land in the SEy of Section 16, Township 2 North, Range 68 West
of the 6th P.M., described as follows:
BEGINNING at a point 721.5 feet West of the Northeast corner of said
Quarter section;
tite:n:e W.-3t 206 fc-7!t;
to>7 Xouth 200 feet;
Ulonce Yost 266 feet;
thence North 200 feet to the PLACE Or BEGINNING
ALSO EXCEPT a tract of land conveyed to Russell. N. Nil l r, ,r -. and
Sonna M. Miller in Warranty Deed rc-cordod January 21, P) /6 in
!3oet 757 as Reception No. 1679140, being more particularly described
as follows: i
A part of the SEA of Section 16, Township 2 North, Range 68 West of
the 6th P.M., described as follows:
BEGINNING at a point on the North line and 927.50 feet West of the
Northeast corner of said SE;;
thence Westerly along said North line a distance of 125.00 feet;
thence on an angle to the left of 88°47' a distance of 662.34 feet;
thence on an angle to the left of 91°13' a distance of 331.00 feet
to the West line of that property recorded in Book 1001 at Page 205
of the Weld County Records;
thence on an angle to the left of 88°47' and along said West line a
distance. of 462.34 feet to the Southeast corner of that prop- ity
recorded in Book 1097 at page 544; thence on an angle to the left
of 91°13' and along the South line of said property a distance of
235.00 feet to the Southwest corner of said property; thence on an
engle to the right of 91°].3' and along the West line of said property i
D::$ 934
(( ( 185611 _4
The 1r; of the Stlr (.k ( 2-
of Section 16, Township 2 North, P,ange KR West of the
fi t .P.id.;
All that part of the N'-; of the NW!; of Section 21, Township 2 North,
Range 68 West of the 6th P.U., described as follows:
BEGINNING at the Northwest corner of Section 2
68 West; 1, Township 2 Forth, Rang
e
thence running South on the West line of said Se
1326 feet to the North boundary of Hersheycoon 2
Brothers' land;
distance oC
nd;
thence running East (Variation 15°East) along the North boundary
Hershey Brothers' land a distance of 2077 feet .to right of way of the
D.U.£.P.R.R. now the 11.F1.F..R.R.;
thence along the South and West side of said R.R. right of way N23'12'p;
a distance of 209 feet;
thence N29°W a distance of 583 feet;
thence N49° and 30'tr, a distance of 540 feet;
thence N52°W a distance of 424 feet to a
v point at which th^ Southwest
edge of said R.R. right of c:
21; as intersects the Northline of said .
thence West along said North line of. said Section 21 a distance of 991
feet to the POINT OF BEGINNING,
at Northwest.corner of- said Section 21; .
And all that part of Section 16, Township 2 North, Range 66 West of the-
6th P.M-, more particularly described as follows:
BEGINNING •at a point on the •South line of said Section 16, 1296 feet
,West of the Southeast corner of said Section 16;
thence N2°05';7 33 feet to the TRUE POINT OF BEGINNING;
thence N2'05't-; 663 feet;
thence NQ°14'E 181_6 feet; •
• . thence N2'28'E 446.2 feet; a J
thence S89'53'L•; 681_3 feet;
thence S44°57';! 217.5 feet;
thence N54°15';7 455_1 feet;
•
thence S84'43'FT 279_1 feet;
•
thence $61°58';J 150.2 feet;
thence S7°41';7 397_1 feet;
thence S39°33'E 328.4 feet;
• thence S40'10'W 900 feet;
thence along the South line of said Section 16 S89'53'E 2009.3 feet;
thence N40°59'E 45.5 feet, more or less, to the TRUE POINT OF BEGINNING;
and the NWIt of the NEy of Section 21, Township 2 North of Range 68
West of the 6th P.M.;
ALSO, all of that part of the WI of the NWy of Section 21-, in Town !iio
• 2 North, Range 68 West of the 6th P.M. lying East of tha right of c-:,ay
of the Burlington and Missouri Railroad Company;
EXCEPT a tract of land conveyed to S. H. Carr in Quit Claim treed
recorded January 2, 1908 in Book 250 at Page 300, being more particularly •
described as follo-.,s:
PE-GINNING at the Northeast corner of the NW1/4 of the NE:. of Section 21,
To.-;nshi-o 2 North, Range 68 Nest of the 6th P.M.;
thence South along the East line of said 40 acre tract,
80 rods to the Southeast corner of same;
thence West along the South line of said 40 acre tract 57 r including the. counts road; 01- to
thence Northeasterly along the West line of said County road, 95.4 .rod;
to the PLACE of BEGINNING.
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MINING PLAN
Mining of each pose , I thru V , will begin with the stripping
of approximately I ' of top soil and vegetation . This material
will be stockpiled primarily around the perimeter of the pits
for later use . No soil stockpiles will he placed in the
Boulder Creek floodway .
These stockpiles , which will he approximately lea ' high , wilt act
as a sound harrier between the mining operation and the residents .
As these piles are soil and vegetation , it is anticipated that
they will quickly he covered with new growth , thereby actirg as
a dust preventative .
fhe area to he mined will be trenched by draglinc and dewatered .
the water will be discharged to Boulder Creek or its irrigation
ditches , under the authority of an N . P . P . U . S . permit . The
discharged water will he monitored daily and regulated to irec-Cat
flooding of downstream lands .
A portable crusher spread will he located near the area to he
worked to crush , size and stockpile the gravel . Thereby reducing
travel distance of the loaders .
fhe gravel stockpiles and plant will not he positioned in the
floodway . These stockpiles will he positioned between the wining
operation and the residents as an added measure of sound
protection , and the haul roads will he wetted for dust supfressioh .
the , ravel mined is in a damp state , howeter, the processing
equipment is fitted with spray hars and these are kept in use
during operations . the water for dust suppression will he im;l rteI
until a local source , propertly decreed , is obtained .
five to sixteen feet of Aluvium will he re,:hoved from each phase
heginning with Phase I and proceeding thrn Phase V . Phis cperitioi
is expected to last - Years , however , market conditions dictate
the amount or material to he remosed from this site .
Gravel trucks will enter and exit the mid( at r:uitiHIe Inc:rtinns
from the count } road srstcra - see letter= or approval Frafr tloc
county and state road departments . Pesterii P:vin, _aintaII5 . rrC
strict control over its trucking operations . KhuHhia up :
speeding ; racing ; passing ; trail ; tinny, drivings-
manner or any other discourteous manner , can he CAASL for distlis- , . .
In addition , drinking, or other drag use , chile operating any of
our equipment , is cause for immediate dismissal .
It is the responsiblity of hestern Paving ' s drivers __ rercve ill
loose rock and dirt from their tricks hefere feat- in; the pit with
properly distributed loads , not ecccedinp w y,l; t
any hestern driver receive A trait:_ ti , .., _ AL I le _ i
ticket , it is their rr pensihilit ,' paa hem . err. I ii ;
wi I I not pay for Any r i : kets .
hestern Paving purehaset the Lanett equiftent , inch.., nl( , Ira
large truck dump boxes , so that tie load Hits in id
these boxes and does not prot rude , anere the ',had 'l.a'. nitow i s'1'
onto the road .
Western Paving ' s trucks run with the latest quiet tires and have
the most up- to-date noise supression equipment . Our 1980
vehicles already operate quieter than the January Ist , Il)22 P . P . A .
regulation of 80 dB (A) .
It is interesting to note that many Luxury cars , at full throttle ,
produce sound levels in the high -0 ' s . AIIdsi :e and small cars in
the high 80 dB (A) range . Cruising levels for most cars and trucks
is approaching the same figure . A 1985 dB (A) requirement (or
trucks , by the G . P .A . is expected soon , further reducing the
maximum limit .
With the current horsepower capabilities of our units , the driver
will not have to ❑ccelarate hard in order to pull away (rein a
stop sign briskly and maintain the proper speed in the flow of
t r a t I i c .
Iracel from this pit is scheduled for distribution in field , !, friar ,
Boulder and Adams counties and the Northern yletropo1itan markets
as ; asphalt roads , runways , parking lots , driveways and for chick
hole repairs .
MINING EQUIPMENT
Scrapers, dozers, draglines, loaders, trucks, feeders,
conveyors, crushers, screens, sand screws, silos, road
trucks, scales , blades, compactors, seed drills, and
many picks and shovels.
RECLAMATION PLAN
The pre-mining plan map shows the various trees located in
Phase V and the one tree , located in Phase I , that are to he
removed . There are no other trees within the mining area .
The majority of this property is in low yield cultivated crops
and the balance is graying land .
Reclamation will begin during Phase I by contouring the land ,
prior to completion of the mining in this area .
On the up stream, (low water level ) side of the lakes , isla .ids
and shallows will be constructed . This marshy area is expected
to produce good wild fowl habitat .
Slopes will range from 2 : 1 to 4 : 1 , the average being 3 : 1 .
However , the steepest slopes from above the normal higli
water elevation to 10 ' below high water , will be 3 : 1 . The
stockpiled top soil wi11 then he placed 12" thick on the final
contours .
Free and shrub species will be selected and planted as soon as
the Final configuration of the lake is determined and the
permanent ground water elevation is established .
,A concentration of 6 trees and 10 shrubs for each acre of
disturbed land will be the minimum planted , followed by grass
seeding . (See Department of Agricultural Soil Conservation
Service recommendations ) .
Fhe above mentioned method of reclamatio❑ will he adhered to For
each consecutive phase .
laintaInence of the reclaimed areas wi11 c >ntinue for - years
to assure firmly established vegetation .
SEE MINING AND R_.CLAMATION MAP - EXHIB E i "D"
HYDROLOGY REPORT
FLOODING
The portion of this site lying westerly of the Burlington t;
Northern Railroad , is almost entirely within the 100 year
flood plain of Boulder Creek .
Due primarily to the elevated grade of the Railroad track , the
portion Lying northerly and easterly of the track is protected
by the railroad ' s roadbed , except for the far west 80 acres ,
adjacent to the creek.
[he main flood way Lies along the westerly edge of the property.
[he flood waters entering this site from the south , will not he
changed historically by the project . The flood plain in this
area is 3 , 000 ' to 5 , ')io ' in width , with this area , the flood
water will only reach a depth of l ' to 1 . 5 ' , with velocities of
less than 1 foot per second .
Errosion will be minimal , but some sedimentation to the
agricultural alnd may occur .
the storage potential of 304 AC- Fl . in the 6 lakes will help
during minor storms hut will have little effect on major floods .
By increasing or decreasing historic rates because the areas
where waters from the lakes will exist during flooding are the
same areas where water would normally channel if the lakes were
not present .
The natural overflow of thes ponds will be in locations where
the flood would normally he and therefore , the pattern of
flood flows will not he changed and the velocity will not he
changed .
Western Paving is aware that dining flood conditions , the pity
may he completely inundated and must remove all equipment from
the pit or risk damage . No eluipment , structures , piles , firei
or portable toilets will he allowed in the floodway , that cannot
he readily removed so as to prevent downstream damage .
LAKE LEVELS
The lake Levels AS shown on the reclamation plan , are a normal
maximum elevation .
Hydrology Report
Page 2 .
Phase I 4871
Phase II 4873
Phase I11 4879
Phase IV 4879
Phase V 4883
These maximum levels are controlled by 30" CliP ' s installed
from lake to lake. The inflow of historic irrigation
waters will not need a point of diversion change , as they
enter and exit the property at their present location.
Valves will be installed on the outlets of the Smith &
Emmons ditch from Western Paving' s property so as to
provide proper distribution of waters to the downstream
users .
Excess waters will return to Boulder Creek at the far
north western corner of the property. The 30" CPIP will
carry in excess of 2( CES , far more than the call by the
Smith & Emmons downstream users .
COUNTY ROADS
Cross sections show a shale dike to be constructed ,
below high water level along the lake banks . Tests
conducted have indicated that shale dikes placed
properly and as shown, are effective in minimizing
seepage from these lakes .
With the installation of the overflow pipes as discussed
earlier, and with the construction of the shale dire , the
water table under the county roads , will not be changed
from current ground water conditions .
This area has historically been flood irrigated , producing
ground water levels 2 ' below the surface. During flood
conditions , these roads have been partially inundated
and this will not change dur ng or after this project .
GROUND WATER
Ground water observation wells will be installed, as
shown on mining plans , prior to the mining operation
begining. An historic oacKground of the water elevation
will ue established .
Hydrology Report
Page 3
During the period of time when sand and gravel are mined,
ground water entering the pits will be pumped out and
a lowering of the water table will occur in the area
immediately surrounding the pit.
It is our opinion, based on 60+ years of mining in this
type of aluvium, that this lowering of the water table
will not adversely affect any nearby wells , trees ,
ditches, ponds, etc . After the mining operations are
finished and the lakes are filled, the water table will
again rise to virtually the same elevation as existed
prior to mining , so no permanent water table affect will
result from the mining operation. Should it appear that
some adverse affects may result from the mining operation ,
remedial measures will be taken by Western Paving to
correct the problem, so that no ground water users will
be affected.
DITCH PROTECTION
To determine seepage losses from Idaho Creek, due to the
realignment or mining , wiers exist at the point where it
enters the property and exits they property. These will
be measured to detect any adverse affects .
In addition, Parshall measuring flumes, will be installed
to measure the inlet of the Carr & Tyler, N.K. Smith &
Tyler, Smith & Emmons , Codding and CBT Waters . Parshall
flumes will also measure the outlet of the Smith & Emmons
the only down stream water used uy others.
By this method, Western Paving can guarantee that the same
quantity of water entering the project area will exic, so
that no ditch user will be affected .
AQUACULTURE
Previous reclamation philosophies at other mining sites ,
involved mostly visual esthetics ; that of contouring and
planting trees and grass .
The reclamation plan to be put into effect here , is to
improve the quality of the water in lake, for fi-th areeding
and habitat. Lakes and ponds without a flow of wa :r
through them, tend to stagnate thus 1im.iCing their value
for supporting a variety of aquatic species .
Hydrology Report
Page 4
It is hoped that by diverting water from Boulder Creek
into Phase V, thence through each subsequent phase and
eventually returning to Boulder Creek from the north-
west corner of Phase VI , will enhance both the stream
and the lake as a fishery.
It should not be interpretted that all of Boulder Creek
will be diverted . Only a portion of the waters used on
this land will he routed in this manner .
RATER RIGHTS
Western Paving has more than adequate senior water rights
that have historically been used on the land of this
project , to provide for the evaporative losses which will
he caused by the creation of the proposed lakes .
Western Paving owns :
Name of Ditch Ownership Decreed Priority No .
Smith to Emmons '_- '. shares 1863 IS
Godding 3 shares 1865 ?3
Carr S Tyler 4/ l0 interest 1864 19
V . K. Smith f Tyler ALL 1361 r�
C . B . T. 110 Ac . Ft .
The S lakes as proposed , will create a surface area of
304 acres . The evaporative loss may vary due to climatic
conditions , such as temperature , rainfall , wind , etc . An
acceptable loss figure ,could be S-In Ac . Ft . per year .
An augmentation agreement with the District 6 water users
will he reached prior to the establishment of any surface
water that could cause evaporative loss to the Boulder Creek
system . In addition , if required , we11 permits will be
acquired from the State Engineers office .
An adjustment to these agreements will be necessary upon
the final reclamation size of the lakes . the lakes surface
area will , in all probability , be less than that proposed ,
due to the presence of uneconomically minable areas and
excess umarketahle material .
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♦ V V V V
AGRia'1i11;N']' REGARDING SAND AND GRAVEL
11LdINS AND AUGt1i,N'I'A']'ION PLAN PERTAINING
'i iIDRi;'I'O
'Ci1IO ACREEI,l:iN'1' is made this day of
108 between W; 'I':0;i PAVING c'OAS']'Rl1C']'iON CO. , hereinafter
+termed W,5;'I'r:RN, an,l i"lC WATER USERS ASD,)CIAllah OP u1S'i'Nt I'
Hr). 6, a Colorado nonprofit corporation, hor''i;after termed
WA'I'Dlt iJl; I11;:
WI']'NNDSNTH:
Nili;lti{AS, Wd,1i',I'll owns I,and descraijed as a portion of
,.;ectiou I,,, 11 and !.I, Township 2 North, r:2:1 ,r,Y Lb West, Wcl,i
County, i at] i 0 acre:; more or 1it:,, has presented
,t,u]iny and cc'cl,am,tl iun plans Lu Odd County and State of
Colorado; and
WrS'1'r;11 hos suinniI Led to Weld County mining and
reclamation plans, such plan_, consisting of documents, mans
,,nd pions as have open filed with Weld County and the SCaLe
of Colorado; and
WESTERN is able to furnish augmentation water to
compensate WATER ll;iaRS for anticipated evaportion losses and
chances in water usage in the area covered ny Exhibit A
(specifically cluscriced as Special Use Permit Application to
mina ::and and grovel , submitted Lo Weld County Commissioners
and to Colorado I,an,! Reclamation Board; and
WHEREAS, the WA'T'ER USERS have no oucectcon to the
mining .nn] Iecl,unol ion plans if an augure'nlatio;t plan for
Boulder Creak is entered into for the purpose of compensating
for pot°nti_al additional evaporation which may result. from
Lite takes created U•' the wining, and the narr.i,.s have ag
rhed
upon such an augment it ion plan.
DOW, iii,-ld,I'Uk,', it is mutually agreed as Follows:
I . Oe;;tcrn agrees as follows:
n. To coal ici the raining oper-.al_ion in accordance
ill L1a the rc :ii i renicnis sei forth in the t,t i ping
Hi t presented Ia Weld County anti the: Stale
at ['olorado;
-
b. '1'o restore the premises to the condition
set forth in said reclamation plan and the
regulations of Weld County and the State of
Colorado;
2. The pa ten further agree as follows:
�. A:; long as i t and its :nnccessors and ass igns
own or have an inLeresl in the property
described herein, they will maintain the
restored structures, iucl Lid ing ponds, ditches,
channels and pumps in done] and working order
and wr1l do nothing to said structures which
would adversely affect the interest of the
W'Wi hp •USCHS.
it. ',ICS I'r:H'V wi L1 not claim, es a result of mining
and restoration ot. the property, that any
water has Peon salvaged or developed through
a phreatophyte eradication program. WES'I'i;RN
ill , however, be entitled to off-set the
hiv tor ic consumptive use associated with the+
lane! ; removed iron irrigation in connect ion
with the mining operations against the
evaporation losses from the developed lakes;.
Any water to be used in the mining operations
and re' s torn Li on process wi11 be considered
tributary water to howl.ler Creek and will he
suajecf Lo the appropriation system and
other existing laws of the State of Colorado,
and tai 1 l be waters that have historical]y
irrifleltred this land.
c. and its successors and assigns will
make avai lab]e for use in the reclamation
pl an, and for the purpose of replacing
depict ions to Boulder Creek resulting from
evaporai ion losses from the developed lakes
a:; necessary to prevent injury to other
water rights on Boulder Creek and i Ls
tributaries, the water right:: shown on
P:shieeit A, wit:
The portion or said water rights required t
he made available for such purpose shall be
determined in the Water Court proceedings
on the. augmentation plan or change of water
right application provided for in paragraph
2F_ herein.
d. The portion of the water rights listed in
paragraph 2c. above determired in said tinter
Court proceeding to be necessary for the
purpose described in said paragraph 2c.
shalI remain the property of WF:STLRN and
its successors and assigns ace an appurtenance
to the real estate and property presented to
Weld county and '1'he Stale of Col orado,
<lescribed .in paragraph 1a.
e. WL:;STI:RN and its successors and assigns will
continue to maintain the- ditches and use
the water as set forth in the reclamation
and water augmentation plan in order to
insure that said water tights are not lout
through abandonment.
lifter all :structures are. completed, an
appropriate application for change of use or
plan of augmentation shall, if requested icy
W7eli-;R USCHS, be submitted to the Division I
water Court for determination by and for
3. Agreement to run with the land.
This agreement shall be a covenant which runs with
the land described on the attached map and every
part or parcel thereof as an integrated plan of use
warned "Exhibit A' and shall be binding on the
parties, their heir,, successor;, and assigns ant
shall be enforceable by the WATER USERS unless and
nut i 1 WA'I'1llt lidlhtS shall waive the terms thereof.
4. Enforcement .
I'hi:, a,JFO 'ment may be encorc,'ai)le by WATER U:;:Otb.
Objections Lo Permit.
In consideration of the covenants herein contained,
'ltA'I'i;lt USERS hereby accept and have no objection to
the reel;unaL.ion plan as submitted by WES'T'ERN and
consent that the proper permit may be issued at.
the discretion of Weld County and Lhe Division of
Mines of the Department of Natural Resources of
the State of Colorado.
- .3 -
Dated the day and year first above written.
Witness our hands and official seals.
WESTERN PAVING CONSTRUCTION CO.
By `iy
P. Matsumoto, Asst. George R. Wolf, Vice President
Secretary-Treas. & Asst. Secretary.
hi1':;S'1': WATT,'. USi',RS AI,SOCTATION O['
DISTRICT NO. (i
Dy y
h'1'A'I'LI (Bo COLORADO )
ss.
COUNTY OF ADAMS
The foregoing instrument was acknowledged before this
day of , 19131 by George R. Wolf, Vice
President/e., A. .:l cre]ery of Western Paving Construction Co. and
P. Matsumoto , Asst. Secretary-Treasurer of Western Paving
i''In;;I Tection Cc,.
it,ivr:; my hand and official seal.
My commission expires:
Notary Public.
S'i'A'I'ii OF COLORADO )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me
this day of 198] by
of the Water Users Association of District
No. 6 and as of The Water
if c Association et District No. 6.
Witness my hand and official seal .
My , uniim scion expires:
Notary Public
ROCKY MOUNTAIN CONSULTANTS, INC.
500 COFFMAN STREET, SUITE 107. LONGMONT, COLORADO 80501
aii4LC
772-5282 or 665-6283 (METRO)
SPILL PROTECTION PROGRAM
FOR WESTERN PAVING COMPANY
PERMIT NO. CO 0028533
1 . The permittee has never had a spill which has affected
the waters of the State,
2. Telephone numbers for:
A, State Health Department 320-8333
R. EPA 7-3930
C. Local Health Department 353-0540
D. Colorado Division of Water
Resources 866-3581
E. Local Water Commission 665-5427
These will be posted at the site and an employee on s ' te
will be responsible for notifying these agencies if a spill
which may affect the waters of the State occurs.
3. _eras will be constructed around all fuel holdin:l ,en':s
sufficient to contain the mani,cum, amount of fuel s: •r,j
in these tanks at any tire. All fuel transfers will
take place within these berms. (See attached sketch) .
4. Fuel (diesel or gasoline) for use in :mobile equipment
on site is the only material which presents a spill threat .
5. Berms will be in place four weeks after approval of this
plan.
6. List pumper trucks in area to re'nove fuel if spilled .
A. A.C . Sewer Service Longmont 444-3862
B. John Todd Denver 761-3763
C. Colorado Pumping Golden 278-1884
7. A check will be made yearly by company personnel to
determine condition of berms and accuracy of phone
numbers.
ROCKY MCUNTA!N CoMSULTANT5, INC .
/
Ec
Ken Rollin , , -
lht_
ROCKY MOUNTAIN CONSULTANTS' INC. •RegiH...e Land Survey we.
iii ENT. -- JOB NO' __SLEET T Of
DESCNII-Tf0W_ DESIGNED BY: _DATE
CHECKED BY: DATE, ._
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WRJ5-Rev. 76 COLORADO DIVISION OF WATER RESOURCES - [� L.818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 .Ill ECEIVED
PERMIT APPLICATION FORM AUG 2 6 1981 •
Application must WATER RESpuR
be complete where ( ) A PERMIT TO USE GROUND WATER FATE E;If,U) CEZ
applicable. Type or ( ) A PERMIT TO CONSTRUCT A WELL EFQ
print in BLACK FOR: ( 1 A PERMIT TO INSTALL A PUMP Q010.
INK.No overstrikes
or erasures unless ( ) REPLACEMENT FOR NO. _
initialed. ( )OTHER None of the above _
WATER COURT CASE NO. -
(1) APPLICANT• mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
NAME WESTERN PAVING CONSTRUCTION CO. Receipt No. /h b ry�J(n
STREET .1400 W. 64th Avenue
Basin Dist. —_
CITY DENVER COLORADO 80221
(state) tap) CONDITIONS OF APPROVAL
TELEPHONE NO. (303) 428 0800 This well shall be used in such a way as to cause
no material injury to existing water rights. The
(2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant
that no injury will occur to another vested water
WELD right or preclude another owner of a vested water
County— right from seeking relief in a civil court action.
Y. of the — '4,sections 16-20-21
Twp. 2 _ N. Rng. 68 W 6th P.M.
IE,WI ,
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) NONE
Average annual amount of ground water NONE
to be appropriated (acre-feet):
Number of acres to be irrigated: NONE
Proposed total depth (feet): 20 '
Aquifer ground water is to be obtained from: Surface
Owner's well designation GOttonwoOd Pit
GROUND WATER TO BE USED FOR:
I'. 1 HOUSEHOLD USE ONLY - no irrigation (0)
1 DOMESTIC (11 . ( ) INDUSTRIAL (5)
I; 1 LIVESTOCK (2) ( I IRRIGATION (6)
I'. 1 COMMERCIAL (4) ( ) MUNICIPAL (8)
1 ) OTHER (9) NONE OP THE ABOVE APPLICATION APPROVED
DETAIL THE USE ON BACK IN (11)
PERMIT NUMBER
(4) DRILLER —
DATE ISSUED —
Name_ NONE EXPIRATION DATE
Street —
City (STATE ENGINEER) —.
(slat.) (Zip)
BY
Telephone No. Lic. No. -
I.D. COUNTY
(5) THE LOCATION OF THE PROPOSED WELL and the area on (6) THE WELL MUST BE LOCATED BELOW
which the water will be used must be indicated on the diagram below. by distances from section lines.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
0 ft. from _ N &.� sec. line
+, _. _j- $4. 4- — -+- — + (north Or scum))
I ---- - 1 MILE 5280 FEET-- 1 I 0 ft. from E &W sic. line
(cast For west)
1— —1' - —1' —I— ± — + LOT NONE BLOCK _ NONE FILING sdNONE_
I
+ - - NON,.:
NORTH SECTION LI E - ± - SUBDIVISION
I I I (7) TRACT ON WHICH WELL WILL BE
I LOCATED Owner: Western Paving
.kNORTH
z — — I — - am t No. of acres 700 . Will this be
I -I I
O I m ' the only well on this tract? NO
C n _
W 5 i — + (8) PROPOSED CASING PROGRAM
" I z
I H r I Plain Casing
+ w — I " + jrNONE in. from_NONE_ft. to NONE 't.
I II I I NONE NONE NONE
1 in. from_ _ft.to —ft.
4_ I Perforated casing
+ — + —
SOUTH SECTION LINE
I NONE_in. fromNONE _ft. to NONE _ ft.
+ + + + + 4 4 4_ NONE in. fromNONE _ ft to NON _ ft
I I I I (9) FOR REPLACEMENT WELLS givedi:tance
I and direction from old well and plans for plugging
+- — —}- — + —- —i— — ± — +— — + — r — r it:
The scale of the diagram is 2 inches = 1 mile NONE
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep —_--
1 cubic foot per second (cis) . 449 gallons per minute (gpm1
A family of 5 will require approximately 1 acre-foot of water per year
1 acre-foot . . .43,560 cubic feet . . . 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): NO USE No. of acres: 0
Legal description: NONE
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of rl.sposrl
system to be used. NO USE
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers
Type or right Used for (purpose) Description of land on .vhici used
DITCH IRRIGATION FARM _
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
:I g...TO THE B F HIS KNO LEDGE.
SIGNATURE OF APPLICANT'S)
Use additional sheets of paper if more space is required-
A-
•
i 9P- 934 �p�05 APR 2 71981 C`)
Kern.Acd ar o'clock M
t�2
Rer.t:o ._...
18: 61.09 f YK:, ,14 U1 +�{y.,a �
� .
Stoto of Colo �(,/
Colorado, Weld County Clerk 6 P.,n„{M
i WARRANTY DEED
i ,
. a. -
o E. MAX SERAFINI and DORIS ANN SERAFINI, whose address is 2_4062 '115.
1;0th Street, Brighton, County of Adams, State of Color,tio, for the
conatderation of no/100ths ( ) dolior+, hereby sell and
o
convey to WEdTERN PAVING CONSTRUCTION CO, a Colorado corporation, 0105e a:.l•;r:ss
is 14°0 West 64th Avenue, Denver, County of Denver, and State of Colo-.1d:, -he
r alioetn real property property in the County of Weld and State of Colo-:10o. to-wit;
O
.-1
A cart of the SE. 1/4 of Section. 17, Tomeish;.n r !;c ','. , ,..,n•.e 6
D7
.a We.;t of the 6th P.M., more particulary deacr.ited oe follows:
n
J
r31,t,,,44i;juiil3il ILL Beginning at the East quarter corner of said Se^.t_-:;r 17; t-nerve
south along the East line of the SE 1/4 of said Section, 17, 70?.6
_, feet to the true point of beginning; thence North 56°50'00" !lest.
A 48,4 feet; thence North 01°09'00" East, 193.3 feet; thence North
r.t 28"45'00" West, 41.0 feet; thence North 52°37'00" West, 230.2 '
L...-----:----""."--w' feet; thence South 23°23'24" East, 701.77 feet to a point of ,.,
intersection with the East line of said SE 1!':; thence }forth
along said East line 213.03 feet to the true point of beginning; -
with all its appurtenances and warrant the title to sec.'s subject to the 1931
general property taxes which, by reason of adjustment, the grantee ,5asu5ea and
agrees to pay; any existing farm tenancies; any lions by reason of the .nciuslon
of said premises in The Northern Colorado Water Conservancy District and the
Longmont Fire Protection District; existing rights of way and eeseeents for
railroads, ditches, creeks, utility lines and roads; patent restrictions of
recoro; and further subject to oil and gas leasee of record: and further
subject to any existing tenancies.
Stared t'nis4eiday of April, 1981.
-41 Cii3._L-7-4-*C2--.:"*-- '
Do-isAnn . 1,^ax r.i; actof�ey is _'.mot-..J'`
Slate Documentary Fee fact for F. ix ...rorinf
.,,le
APR 2 71981
----?)- -..._2 .C---. ----___ ___- . _ . .
Dorisl Ann Sera-;'1 .
STATE OF COLORADO )
93.
COUNTY OF BOULDER )
The foregoing instruTent was ec'ccowinrlged hef.ar" s 1•,•., tt/
;ay of Aprii, 1'i81 by Doris inn Serafini, indivii'raliy ar.J a.i uttcrrrl/
in fact for E. Max Seraf.lni.
Witness my hard and official seal.
My cr•^rtiasion exoiree: )Ay Commission expires Aug.4,1981
y nAo. O •' 10 d '
I 4-
. 934 lam
NZ RenndcJ at
rl .. o'clock ^"-APR 2�7 441
1856110 f 2,,4 J
i Stnte of Cnl do, Weld County Cle rr Recorder
WARRANTY DEED
G�
o
E. MAX SERAFINI, whose address is 24062 East 160th Street, Brighton,
County of Adams, State of Colorado, for the consideration of d
no/100ths dollars, hereby sells and conveys to WESTERN PAVING CONSTRUCTION CO, a
o Colorado corporation, whose address is 1400 West 64th Avenue, Denver, County of
Denver, and State of Colorado the following real property in the County of Weld o
a and State of Colorado, to—wit:
ta
o See attached Parcel C.
.r
4-1
0 0
TOGETHER WITH all ditch and water rights
S1M(u06G1iNiwtl tEk and to the other g appertaining thereto,
premises being acquired by the grantee,
including one domestic water tap of The Left Hand Water Supply
cD
I-- Company; 2.5 shares of the capital stock of The Smith & Emmons __1
ni 6 O Ditch Company; three shares of the capital stock of The Godding
Ditch Company; and 60 acre feet of water as allotted to said r.
:,J by The Northern Colorado Water Conservancy District;
with all its appurtenances and warrants the title to same subject to the 1981
general property taxes which the grantee assumes and agrees to pay; any existing
farm tenancies; any liens by reason of the inclusion of said premises in The
Northern Colorado Water Conservancy District and The Longmont Fire Protection
District; existing rights of way and easements for railroads, ditches, creeks,
utility lines and roads; patent restrictions of record; and further subject to
oil and gas leases of record.
Signed thisly24day of April, 1981.
c./i.
Ci 72. K..Gt '
.
Stab Documentary Fee �, ea
APR 2 71981 `
Date ris Ann Serafini as atto ey 4.-.4.4.,
' ate'
S QQ in fact for E. Max Serafini.
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 2 ihtt
day of April, 1981 by Doris Ann Serafini as attorney in fact for E.
Max Serafini.
Witness my hand and official seal.
My commission expires: ,My Commission ex iros Au 4 '•,,........
P y.. r 1981 p1••.,.....3�r
Notary Publ c. °•' \ c
'�CINLO\t�
N.
.
t, ,re.•�1,y
/ (ULu1tN>0 UIVI:iION UI WATER I'.ESUURCCS
111.11 r'cnti:nniul linil.rlir.,„ 1'317'. t;lietmun ":Lreet
DENVER, COLURAPn :10203
TELEPHONE; (303)-1133-35(1% ,
f a:/,'
•
APPLICANT
n): WELL DRILLER ( ); ATTORNEY ( );
RE; Well Permit Applicatior for a non-exempt well
We are sorry for the dtlay and inconvenience, but your application fur a well permit
is being returned fur the rtason(s) indicated below. The additional data, which we are
requesting is required by statute and wili aid us in evaluating your application. Prompt
completion or correction Of ALL items checked in RED and the immediate return of the
pplication lu this office wiIII expedite its processing. Additional delay in the hand-
ling of Your application can be avoided by CORRECTLY completing the APPLICATION IN FULL
old supplying any additional information which is requested.
; LEASE INITIAL ALL CHANGES ON THE PERMIT. PLEASE TYPE OR PRINT IN BLACK INK. PENCIL IS
IS NOT ACCEPTARI.f. PLEASE DO NOT ALTER OR CHANGE ANY QUESTIONS ON THE APPLICATION.
i ) Statutes requires a $ fee for this type or ,t ca a �liion
application with required fee, PI Please return the
( ) What is the court decree number;,
( ) Thu TOTAL FEE will be $ You have already
' ) Plcnse fill out and complete the enclosed form. (a) paid $ of this.
(:.)`Amendment of Existing records ( ) (c) Affidavit of pl information sheet ( )
.application ( ) ownership ( ) (d) Blank •
' ) Instructions are enclosed. *These forms must be notarized,
) The well location must be designated by the county and the I/4 of I/4, Section,
Township, Range, and Principal Meridian. (Item 2)
' ) Distances from section lines must be shown. (Item 6). This well must be al least.
GOO feet from an existing non-exempt well, producing from the same zone,
1 ) The I/A of 1/4 section (Item 2) does not agree with distances from section lines.(Item
Distances Oven place well in theme^
of the( ) 'I••al•e ind,'eare the pr.;.rased maximums pumping at (Item 31,
The acre-feet indicated appears excessive for this use. IIcem 3).
Please indicate average annual appropriation in acre-feet, (Item 3). (1 acre foul
325,900 gallons). We estimate that 100 head of cattle use 1.3 acre feel a year.
' ) How many acres of land will this well irrigate? (Item:; 3, 5, and 10)
Please indicate the proposed total depth (Item 3).
Please indicate the aquifer the ground water will be obtained from.
This well must be constr.rcted only by or under supervision of a licensed well driller.
' ) II' (his is not the only veil on this tract (Item 1), please explain in Item 12 and
indicate the permit numb:x(s).
i ) The proposed casing program must be completed (Item 13)
L ) The existing well oust b: plugged and abandoned according to rules and regelatiuic.
This condition is reyuir;d for replacement wells. (Item 9),
A replacement well must maintain the same pumping rate (gpmr) as the existing well. (Iii:.
Please describe the acreage irrigated under LEGAL DESCRIPTION in Item 10. This Should
agree with hems 3 and 5,
) Please indicate the specific use intended for the water, e,q. flood, pivot point •,prim•
ler . etc. (Item II).
' Please indicate the ulhe" waiter rights on this land, amid include the regktr itiom n.,...
of any other wells,
' , Please indicate the location of the prupos.ed well and the iirigateu ac.rc•i'i,. (li.,m
'i'Iiis should agree with i'.ems 3 and 10,
r ) Please complete Ilen(s)
checked i -.___. .._.,_,,,___) whr.�rchecked in red.
) Signature or applicant i', required on application.
tX) Contact a licensed well driller for assistancii
e,
(Item 13)
1/1/,:a.1 tir`lc t C�./,1r"1-
( /)/G, rr
1
Ik2/
r/ Asa r i '•
• . __
/ ./ r� -i •/ /j ,. ,,i ,
i'vie r N L '-1-- .
I
a Phone 428-0800
4/eSte.411 gull C� GENERAL CONTRACTORS
1400 W. 64th Avenue
P. O. Box 21649
Denver, Colo. 80221
September 14, 1981
Colorado Division of Water Resources
818 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
ATTENTION: KRISHNA MURTHY
RE: PERMIT APPLICATION FOR A NON-EXEMPT WELL
(COTTONWOOD FARM - RECEIPT #18856)
Gentlemen:
You are absolutely right. This Cottonwood pit is a proposed gravel mining
operation, and Mr. Dick Stenzel in your office is the person who advised that a
,r-
The permit should be applied for.
The application to mine this property is being prepared, to be submitted to the
Weld County Commissioners. Mr. Bob Brand For the District 6 Water Users
on Boulder Creek has been apprised of this, and he has reviewed the preliminary
application . Western Paving has made a verbal agreement to supply ditch users
for evaporative compensation, and prior to mining, Western Paving will sign a
formal agreement with the District 6 Water Users. Western Paving has more than
adequate water rights for the augmentation for this operatic) .
In regard to ditch information you requested under Item 12, the ditches that
historically irrigated this land, and which we own, will continue to do so even
after mining, except for the waters that we may use in the augmentation agree-
ment with the District 6Water Users, At this date we would assume that a
formal agreement will be reached approximately the first of next year, at which
time we can make that agreement a part of this application .
Yours very truly,
'WESTERN PAVING CONSTRLCTION CO,
� FMGJr/deh
ji
(Encl. - Original application w/receipt, Fraik M. Graham Jr.
w/your request for additional information) Engineer/Planner
STATE OR COLORADO
Richard D.Lamm,Governor
DEPARTMENT OF NATURAL RESOURCES `O�R4O
DIVISION OF WILDLIFE
Jack R.Srleb, Director Northeast Regional Office �1
6060 Broadway 317 West Prospect Street4f oF
Denver, Colorado 80216 (825-1192) Fort Collins• CO 80526
May 15, 1981
Mr. Frank M. Graham, Jr.
Western Paving Construction Company
1400 West 64th Avenue
Denver, CO 80221
Dear Mac:
Both of the sites you are applying for mining permits on have been visited
recently. The application for the Stromquist/Cottonwood farms are basically
farm land located in the Boulder Creek floodplain and situated in Sections 20
and 21, Township 2 North, Range 68 West. There is very little overburden, with
sand and gravel mixed in the topsoil, which creates somewhat of a problem for
growing row crop. Some of the land is presently in row crop, and the rest is in
native pasture. For the most part it is either clean farmed or close grazed,which
lacks quite a bit of being good wildlife habitat.
Ducks use the creeks and irrigation ditch, and there are a few pheasants in the
area. Approximately four or five miles upstream there is a large heronry, but
it is doubtful if any negative impacts will accrue to it from this mining
activity.
When the mining is completed in the various segments, the banks of the excavated
ponds should be properly sloped at no less than 3:1 and seeded to native species
of plant material as recommended by the Soil Conservation Service. Trees and
• shrubs should be planted on areas that are not mined. Also, the integrity of the
stream banks should be maintained and possibly be enhanced by planting some trees
as part of the reclamation.
The Stagecoach Stop/pickle patch pits at Henderson, located in Sections 26 and
35, T1S, 1(67W, are much like the Boulder Creek site. The exception is that
part of this pit will be on the terrace above the Platte River.
There will be some impacts to pheasant and waterfowl, which will be primarily in
the nature of harassment due to humans and equipment in the area.
The reclamation should be accomplished as an on-going project as the phases of mining
are developed. This should include sloping the banks of the ponds and reseeding to
native species. This area can actually enhance wildlife values by property seeding
and planting of shrubs and trees.
Sinc ely,
ongart
Environmental Biologist
DB/jsk
DEPARTMENT OF NATURAL RESOURCES,Monte Pascoe, Executive Director •WILDLIFE COMMISSION,Wilbur Redden,Chairman
Donald Fernandez,Vice Chairman •James Smith,Secretary •Jean K.Tod,Member •Vernon C.Williams,Member
Michael Higbee,Member • Sam Caudill,Member • Richard Divelbiss,Member
SCSCO915-]1a low.7-09
Me Cede CONS-14) CONSERVATION PLAN MAP
ribs UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE
cooperating witH
Longmont Soil
E OUR SOIL * OUR STRENGTH= Ce.e«.ee« osewcr
Owner Western Paving Construction Co. Plan No Data 4-22-81
Operator Frank M. Graham, Jr. scale 4" = 1 Mile Agree
Weld Colorado Moto No.
Candy nei.
-/S S •
,--
19.."1"` I
AO (
'0
a
_
J
y
uuuare runuee rs Meeutun, ann the erosion hazard is low. The potential native vegetation is dominated by alkali
This soil is used almost entirely for irrigated crops. It sacaton, switchgrass, and western wheatgrass. Saltgrass,
is suited to all crops commonly grown in the area, includ- sedge, rush. and alkali bluegrass are also
ing corn, sugar beets, beans, alfalfa, small grain, potatoes. k' g prominent
Potential production ranges from 3,($10 pounds per acre in
and onions. An example of a suitable cropping system is :C favorable years to 2,000 pounds in unfavorable years. As
to 4 years of alfalfa followed by corn, corn for silage,
sugar beets, small range condition deteriorates, the switchgrass, alkali
g grain, ne beans. a Land leveling, ditch sacaton, and western wheat rays decrease and saltgrass,
lining, and installing pipelines may he needed for proper sedge, and rush increase.wheatgrass
application.
All methods of irrigation are suitable, but furrow ir- Management of vegetation should he based on taking
t1°elf and leaving half of the total annual production. Seed-
rigation is the most common. Barnyard manure and com-
ing is difficult and costly because numerous tillage prac-
mercial fertilizer are needed for top yields.Windbreaks and environmental plantins of trees and tices are required to eliminate the saltgrass sod.
shnibs commonly grown in the area are generally well Switc•hkn•ass, western wheat grass, alkali saca ton, [:ell
suited to this soil. Cultivation to control competing who:[grass, and tall fescue :re suitable for seeding. They
vegetation should he continued for as many years as can be seeded into a clean, firm seedbed. Seedbed
possible following planting. Trees that are best suited and preparation usually requires more than I year to
have good survival are Rocky Mountain juniper, eastern eliminate the saltgrass seal. A grass drill should be used.
redcedar, ponderosa pine, Siberian elm. Russian-olive, and Seeding early in spring has proven most successful.
Wetland wildlife, especially waterfowl, utilize this unit.
hackberry. The shrubs best suited are skunkbush sumac,
The wetland plants provide nesting and protective cover,
lilac, Siberian peashruh, and American plum.
This soil can produce habitat elements that are highly as well as some food. The nearby irrigated cropland,
suitable for openland wildlife including pheasant, cotton- where wildlife obtain much of their food and find protec-
tive cover, makes this unit valuable to both wet lam I and
tail, and mourning dove. Such crops as wheat, corn, and
alfalfa provide suitable habitat for openland wildlife, "Penland wildlife.
especially pheasant. Tree and shrub plantings and Openland wildlife, especially pheasant, use this unit tor
undisturbed nesting cover would enhance openland wil- cover and nesting. Deer find excellent cover in some
dlife populations. areas-
This Altvan soil has fair to good potential for urban These valuable wildlife areas should be protected trim
and recreational development. The chief limiting soil lea- fire and fenced to prevent encroachment and overuse by
tures for urban development are the shrink-swell poten- livestock. They should not be drained.
tial of the subsoil as it wets and dries and the rapid These soils have good potential as a source of sand and
permeability of the sand and gravel substratum. Septic gravel. Capability subclass VIM; Salt Meadow range site.
• tank absorption fields function properly, but in places the .l_slwua lx--and_�gu_epts, flooded. This nearly level
„.,ssubstraturrf does not contain enough fines to properly map unit is in depressions in smooth plains and along the
filter the leachate. Sewage lagoons require sealing. bottoms of natural drainageways throughout the survey
Lawns, shrubs, and trees grow well. Capability subclass area. Aquolls, which have a dark colored surface layer,
Ile irrigated. make tip about 55 percent of the unit. Aquepts, which
3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about '5
nearly level map unit is on bottom lands and flood plains percent. About 21) percent is soils that are well drained
of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 45 inches „f
which have a dark colored surface layer, make up about the surface.
m.
•
at.
•
WELD e'1111NTY, COLORADO. So11'1•IIF:RN PART 54
These are deep, poorly drained soils that formed in If summer followed in alternate years, this soil is well
A,.... recent alluvium. No one pedon is typical. Commonly the suited to winter wheat, barley, and sorghum. Winter
soils have a mottled, mildly to moderately alkaline loamy wheat is the principal crop. The predicted average yield is
or clayey surface layer and underlying material that ex- 33 bushels per acre. If the crop is winterkilled, spring
tends to a depth of 60 inches or more. In places they have wheat can he seeded. Generally precipitation is too low
a gleyed layer in the underlying material. for beneficial use of fertilizer.
Most of the acreage is subject to excessive runoff. The Stubble mulch fanning, striperopping, and minimum til-
water table is at or near the surface in spring and during lage are needed to control soil blowing and water erosion.
the peak of the irrigation season. Terracing also may be needed to control water erosion.
These soils are used for rangeland and wildlife habitat. The potential native vegetation on this range site is
Some small areas are irrigated pasture. dominated by sand bluestem, sand reedgrass, and blue
The potential native vegetation is dominated by grama. Needleandthread, switchgrass, sideoats grama.
switchgrass, prairie cordgrass, saltgrass, alkali sacaton, and western wheatgrass are also prominent. Potential
big hluestem, indiangrass, western wheatgrass, slender production ranges from 2,200 pounds per acre in favors
wheatgrass, sedge, and rush. Cattails and bullrush grow ble years to 1,8410 pounds in unfavorable years. As range
in the swampy spots associated with these range sites. condition deteriorates, the sand bluestem, sand reedgrass.
Potential production rangers from 4.0(10 pounds per acre in and switchgrass decrease and blue grama, sand drupseed.
favorable years to 3,1N10 pounds in unfavorable years. As and sand sage increase. Annual weeds and grasses invade
range condition deteriorates, the tall and mid grasses the site as range condition becomes poorer.
Management of vegetation should be based on taking
decrease, production drops, and saltgrass, sedge, and rush
increase. half and leaving half of the total annual production. Seed•
The farming and irrigation in adjacent areas has
ing is desirable if the range is in poor condition. Sand
increased the amount of salts on much of the acreage.
• Management of vegetation on this soil should be based bluestem, sand reedgrass, switchgrass, sideoats grama.
blue grama, pubescent wheatgrass, and crested wheat-
on taking half and leaving half of the total annual produc-
tion. Switchgrass, big bluestem, indiangrass, western grass are suitable for seeding. The grass selected should
meet the seasonal requirements of livestock. It can be
• wheatgrass, pubescent wheatgrass, intermediate wheat-
seeded grass, tall wheatgrass, and tall fescue are suitable for into a clean, firm sorghum stubble, or it can be
seeding. The plants selected should met the seasonal drilled into a firm prepared seedbed. Seeding early in
spring has proven nu,st successful.
requirements of livestock. For successful seeding, a firm Windbreaks anti environmental plantings are generally
prepared seedbed is needed. A grass drill should be used.
suited to this soil. Soil blowing, the principal ha;utrd ie
beetling early in spring has proven most successful. 'l'il- establishing trees and shrubs, can he controlled by col
lage is needed to eliminate the undesirable vegetation. 'tivating only in the tree row and by leaving a strip of
Wetland wildlife, especially waterfowl, utilize this unit. vegetation between the rows. Supplemental irrigation
The wetland plants provide nesting and protective cover may be needed at the time of planting and during dry
• as well as some food. The nearby irrigated cropland, periods. Trees that are best suited and have good survival
where wildlife obtain much of their food and find protec- are Rocky Mountain juniper, eastern redcedar, ponderosa
tive cover, makes this unit valuable to both wetland and pine, Siberian elm, Russian-olive, and hackberry. The
openland wildlife. shrubs best suited are skunkhush sumac, lilac, and Siheri-
Openland wildlife, especially pheasant, use this unit for an peashrub.
cover and nesting. Deer find excellent cover in some Wildlife is an important secondary use of this soil. The
areas. These valuable wildlife areas should be protected cropland areas provide favorable habitat for ring-necked
from fire and fenced to prevent encroachment and pheasant and mourning dove. Many nongame species car
overuse by livestock. They should not he drained. Capa- be attracted by establishing areas for nesting and escape
hility subclass VI w; Aquoils in Salt. Meadow range site. cover. For pheasants. undisturbed nesting cover is e•ssen
Aquepts in Wet Meadow range site. tial and should be included in plans fur habitat dl•telup
5 Ascalon sandy loam, I to 3 percent slopes. This is ment. Rangeland wildlife, for example, the pronghorn an
a deep, well drained soil on uplands at elevations of 1,600 telope, can he atUs•ted by developing liveslnc6 wateril•
to 5,200 feet. It formed in alluvium. Included in snapping facilities, managing livestock grazing. and re.-eedmg
are small areas of rock outcrop. where needed.
Typically the surface layer is brown sandy loam about l",-w areas of this Ascalon soil are in major growth an,
10 inches thick. The subsoil is pale brown and yellowish urbanized centers. The shrink-swell potential of the sub
, brown sandy clay loam about 15 inches thick. The sub- soil as it wets and dries is the most limiting ,oil feature
stratum to a depth of 60 inches is calcareous fine sandy that must be considered in planning home,sitt and run
loam. structing roads. Capability subclass Idle noni rrig:ded.
Permeability is moderate. Available water capacity is Sandy Plains range site.
high. The effective rooting depth is 60 inches or more. 6---Ascalon sandy loam, 3 to 5 percent slopes. This i.:
Surface runoff is slow. and the erosion hazard is low. a deep, well drained soil on uplands at elevations of I,61w
. 12 Suit. SURVEY
This soil has good potential for urban and recreational Wildlife is an important secondary use of this soil. The
development. Increased population growth in the survey cropland areas provide favorable habitat for ring-necked
i^^ area has resulted in increased homesite construction. The pheasant and mourning dove. Many nongame species can
chief limiting soil features for urban development are the be attracted by establishing areas for nesting and escape
shrink-swell potential of the subsoil as it wets and dries rover. For pheasants, undisturbed nesting cover is essem
and the limited ability of this soil to support a load. Septic tial and should be included in plans for habitat develop-
tank absorption fields function properly, hut community ment, especially in areas of intensive agriculture. Range
sewage systems should he provided if the population den- land wildlife, for example, deer and antelope, can be at-
sity increases. Because of the moderately rapid perinea- tracted by managing livestock grazing and reseeding
bility of the subsl.rat inn. sewage lagoons must be sealed. where needed.
Lawns, shrubs, and trees grow well. Capability subclass This soil is not suited to urban or recreational develop
Ile irrigated. ment because of the tlosl hazard. Capability :mbclass
lo—Bankard sandy loam, 0 to 3 percent slopes. This IVw irrigated. Vlw nonirrigated: Sandy Bottom land
is a deep, somewhat excessively drained soil on flood range site.
plains at elevations of 4,450 to 5,000 feet. It formed in 11--Bresser sandy loam, 0 to I percent slopes. This is
stratified recent alluvium along streams and rivers. In- a deep, well drained soil on terraces at elevations of 4,700
eluded in mapping are numerous sand and gravel bars to 4,NI$) feet. It formed in alluvium deposited by the
and small areas of noncalcareous soils. South Platte River. Included in mapping are small areas
Typically the surface layer of this Bankard soil is of soils that have sand and gravelly sand in the lower
brown sandy loam about 4 inches thick. The underlying part of the substratum.
material to a depth of 60 inches is pale brown calcareous Typically the surface layer is grayish brown sandy loam
sand stratified with thin lenses of sandy loam, loam, and about 11 inches thick. The subsoil is brown and yellowish
fine gravel. brown sandy clay loam about 19 inches thick. The sub-
Permeability is moderately rapid. Available water stratum to a depth of 60 inches is loamy sand.
capacity is low. The effective rooting depth is 60 inches or Permeability and available water capacity are
more. Surface runoff is slow, and the erosion hazard is moderate. The effective rooting depth is f0 inches or
low. more. Surface runoff is slow, and the erosion h;ward is
This soil is suited to limited cropping. It is sandy and low.
subject to flooding. Pasture is the best use. Tall wheat- 'Phis soil is used almost entirely for irrigated crops. It
grass, tall fescue, and annual sweetclover are some of the is suited to all crops commonly grown in the area includ-
ing must suitable crops. Light, frequent irrigation by furrows ing corn, sugar beets, beans, alfalfa, small grain, potatoes,
and flooding is best. Commercial fertilizer improves the and onions. An example of a suitable cropping system is a
amount and value of forage produced. to 4 years of alfalfa followed by corn, corn for silage,
The potentialin native vegetation is dominated by sugar beets, small grain, or beans. Few conservation prac-
switchgrass, indiangrass, sand bluestem, sand reedgrass, [ices are needed to maintain top yields.
sideoats grama, needleandthread, and blue grama. Much All methods of irrigation are suitable, but furrow ir-
of this range site includes other soils and vegetation in
rigation is the most common. Barnyard manure and com-
such a complex pattern that it is difficult to map them
separately. Potential production ranges from 2,500 pounds mercial fertilizer are needed for top yields.
per acre in favorable years to 1,500 pounds in unfavorable
Windbreaks and environmental plantings are generally
years. As range condition deteriorates, the tall and mid suited to this soil. Soil blowing, the principal hazard in
n es decrease; blue grama, sand dru seed, and furbe establishing trees and shrubs, can he controlled by eul-
gr::s n tivating only in the tree row and by leaving a strip of
increase; and forage production drops. Undesirable weeds
vegetation between the rows. Supplemental irrigation
and annuals invade the site as range condition becomes
may be needed at the time of planting and during dry
poorer.
Management of vegetation should be based on taking periods. Trees that are best suited and have goof survival
half and leaving half of the total annual production. Seed- are Rocky Mountain juniper, eastern redcedar, ponderosa
ing is desirable only in areas large enough to interseed or pine. Siberian elm, Russian-olive, and hackherry. The
to prepare a seedbed. Switchgrass, sand bluestem, sand shrubs best suited are skunkbush sumac, lilac, and Siberi-
reedgrass, sideoats grama, little bluestem, blue grama, pu- an peashrub.
hescent wheatgrass, and intermediate wheatgrass are Wildlife is an important secondary use of this soil.
suitable for seeding. This soil can be seeded by using an Ring-necked pheasant, mourning dove, and many non-
interseeder or a firm, clean sorghum stubble. A grass drill game species can be attracted by establishing areas for
is required. Seeding early in spring has proven most sue- nesting and escape cover. For pheasants, undisturbed
cessful. nesting cover is essential and should he included in plans
This soil is generally not suited to the establishment for habitat development, especially in areas of intensive
and growth of trees and shrubs. Onsite investigation is agriculture.
needed to determine feasibility and possible tree and This soil has good potential for urban and recreational
/° shrub species. development. Lawns, shrubs, and trees grow a ell. The
((irked States Soil
�� Department of Conservation
'K_ J Agriculture Service
9595 Nelson Road, Box D, Longmont, CO 80501 May 22, 1981
Mr. Frank M. Graham, Jr. , Planner
Western Paving Construction Company
P. 0. Box 21649
Denver, Colorado 80221
Dear Mack:
After reviewing the proposed milling and mining operation on the
"Cottonwood Farm" property, I have these comments and recommendations
to make.
The basic plans that have been developed and installed on the
project on the St. Vrain will adapt to this location. Included
are seeding recommendations for the proposed area. Future
revegation and tree planting plans may be developed after mining
has started for better placement of trees and shrubs.
These soils are not considered prime farmland..
If this office can be of further assistance, feel free to contact us.
Sincerely,
6/
//�
JJ Hamilton
District Conservationist
r^,
4
/� United States Soil
W\ Department of Conservation
Agriculture Service
1228 Main Street, Longmont, CO 80501 September 24, 1980
Mr. Mack Graham
Western Paving Construction Company
P. O. Box 21649
Denver, CO 80221 Re: Stromquist Property
Part Sec. 20 & 21, T2N, R68W
Dear Mack:
Upon returning to the office, I discovered that the soil on the above
property is all of one soil series, so I will not make a map as I had
promised. A copy of the complete description is attached. This soil
has an agricultural land use capability of Class VIw and would not be
considered prime or of unique importance.
The land use for the past several years has been for irrigated crop-
land such as corn, beets , alfalfa and irrigated pasture; hence there
would be no plants on the endangered species list.
The reclamation plan should include the stockpiling of enough top
soil to cover the remaining slopes of the ponds to a two foot depth
and then seed to an adapted grass such as those used in existing
permitted areas. Shrub and tree plantings can be used to enhance
the wildlife benefits and add to the esthetic value of the area
reclaimed.
Should you require additional information, feel free to call upon me.
Sincerely,
1
C'
Carrot E. Hamon
District Conservationist
4
- JtILL tWI3CAVttt LV•• JGI.VL‘t_
(File Code CONS-14) ft
-VIDE SHEET FOR PASTURE, HAY AgliRANGE SEED1Nr.
Work Unit Longmont
Producer Western Paving ____
e—•
SCEDING PLANS:
Field Ko.: 1/ Critical Area Planting
Species • Suggested Varieties Amounts-Pounds/,acre
(PLS)
PLANNED
GRASSES Russian Wild Rye 5 N, P.L.S.
AHD LEGUMES
Sweet Clover (Yellow Blossom) 3.5 /I P.1.5.
P.L.S. - Pure Live Seed
PLANNED SEEDING DATES:
FERTILIZATION REC7`4:ENDATIONS:
•
SEED BED PREPARATION RECO&VIENDATIONS:
SEEDING EQUIPMENT PLANS:
OTHER POINTS: (Specify LRA, irrigated, dry, or range, seed bed, depth of
seeding etc.)
Lbs. of bulk seed required per acre - lbs. of pure live seed
desired per acre divided
by the purity percent k
termination rercent.
1/ For GPCP - Show Fiele No. and CIN.
)-b9 SOIL iipSERVATION SERVICE
(File Code CONS-l4) S
.DE SHEET FOR PASTURE, HAY AND NCE SEEDING
Work Unit Longmont
Producer Western Paving
SEEDING PLANS:
Field Nos: i/ lrripated Pasture Mix_
Species Suggested Varieties Amounts-Pounds/Acre
(PLS)
PLANNED
GRASSES Smooth Brome Mancha!' 6.50 P.L.S.
ANO LEGUMES
' Orchard Latar •
' 2.0// P.L.S.
Alfalfa Ranger 2.0# P.L.S.
P.L.S. - Pure Live Seed
r PLANNED SEEDING DATES:
March 1 to April 15th or August 1st to September 1st.
FERTILIZATION RECOMMENDATIONS:
SEED BED PREPARATION RECOMMENDATIfNS:
Where soil permits, plow, disc, float and pack.
SEEDING EQUIPMENT PLANS:
With good grain drill and packer wheels.
OTHER POINTS: (Specify LRA, irrigated, dry, or range, seed bed, depth of
seeding etc.)
Lbs. of bulk seed required per acre - lbs. of pure live seed
desired per acre divided
by the purity percent X
germination percent.
1/ For GPCP - Show Field No. and CIN.
•
CLIMATE
C-.
Weld •County is usually warm in summer , and hot days are
frequent . In winter , periods of very cold weather are caused
by Arctic air moving in from the north or northwest . These
cold periods alternate with frequent milder periods that occur
when westerly winds are warmed as they move downslope . Most
precipitation falls as rain during the warmer part of the year .
Rain is normally heaviest late in spring and early in summer .
Winter snowfall is frequent , but snow cover usually disappears
during mild periods .
Table I gives data on temperature and precipitation for
the survey area , as recored at Greeley and Ft . Lupton for the
period 1951 to 1974 . Table 2 shows probable dates of the first
freeze in fall and the last free:e in spring . Table 3 provides
data on length of the growing season .
In winter the average temperature is 29 degrees F , and
the average daily minimum temperature is 14 degrees . The lowest
temperature on record , which occurred at Greeley on February I ,
1951 , is - 39 degrees . In summer the average temperature is 70
degrees , and the average daily maximum temperature is 87 degrees .
The highest recorded temperature , which occurred at Ft . Lupton
on June 23 , 1954 , is 108 degrees .
Growing degree days , shown in table 1 , are equivalent to
"heat units . " During the month, growing degree days accumulate
by the amount that the average temperature each day exceeds a
base temperature (40 degrees F) . The normal monthly accumulation
is used to schedule single or successive plantings of a crop
between the last freeze in spring and the first freeze in fall .
Of the total annual precipitation , 9 inches , or 75 percent ,
usually falls in April through September , which includes the
growing season for most crops . In 2 years out of lea , the rainfall
in April through September is less than 6 . 30 inches . The heaviest
I -day rainfall during the period of record was 3 . 2D inches at
Greeley on June 8 , 1974 . Thunderstorms number about 41 each year ,
29 of which occur in summer . Some years summer hailstorms cause
severe local damage to crops .
Average seasonal snowfall is 40 inches . The greatest snow
depth at any one time during the period of record was 30 inches .
On the average , 18 days have at least 1 inch of snow on the
ground , but the number of such days varies greatly from year to
year . Some years a heavy blizzard with high winds and drifting
snow strikes the county , and snow remains on the ground for many
weeks .
The average relative humidity in midafternoon is about 40
percent . Humidity is higher at night , and the average at dawn is
about 69 percent . The percentage of possible sunshine is 71 in
summer and 70 in winter . The prevailing wind is from the south.
Average windspeed in highest , 10 . 4 miles per hour , in April .
CLIAT7
r.. LON(17TiT`n
4vera a innu l precipit,3t{.on Longmont
at ronv:ont is 12.03 Inches :
Relati!re huriiditr is a�out 3.0
30 to percent in sunr^er,
and a'out 40 to r0 percent 2.s
in winter. Oriic..r ,1'1f,
ear1`r morninA hunt lit-
!"t- 2.0
rgn;`es ^rort ' to ner-
:en t to the ,.'.tmner, tln? e 1.5
" c n to :er r.t in
••• i•
..� Y: :: r r. ?� 1.0
77
0.5
;he 'rr .0 nt: orc`:rerce of ' n
warn �,�..fl t' .�:):'. `.vin :? `_'r o:'t c'S ��° a t z a
he i- �t. It Lor7nont in
out , ...der 9.n 2 , !ha
io:'ns`, t,m..erstur is tq:.
r then 1 .•
:; „� •l 'a:.l.i. ^ te 'r•.! ra. .. re X12 •:^n ;orl _ .. •'�..
n _.gin. ..-cr t !`.:l:r.r en ,er _ t.kr , r�.the
•ear i. ti _h e q .'+:;;^�-� J".,17 .a. sr"i`.:". ,1t
is 71 . Y). .•±hnse te: pera. tt r r ire - .?t:
hu i! �:t'• an therefore, ire r ore• moo-1* -„tA....le than
:' ""ht oecte • ;tImo, .;S a? :t!ne
19 110.ROJ col !r.,1n !n7s
, ,..!v 1-h nr z.
.n n•11 .. i r• .lt. ..
` n .ice ' -
SOIL SURVEY
TABLE 1.--TEMPERATURE AND PRECIPITATION DATA
�. ; Temperaturel ; Precipltatlonl
T
i 2 years in ; 2 years In 10;
; 1 10 will have-- ; Average ; ; will have-- ; Average ;
Month ;Average;Average'Averagei ; ;number of;Average; ;number of Average
daily : daily daily ; Maximum ; Minimum ; growing ; ; Less ; More days with snowfall
;maximum;minimum ;temperature:temperature: degrrde ;than--;than-- 0.10 Inch
e S , ; higher ; lower days- ; ; or more
o than-- than-- ;
I
OF , f : of. i °F of In ' In In i ; In
I i I ; ; ; ;
January----; 39.9 ; 10.5 ; 25.3 ; 65 ; -19 37 ; .35 1 .08 ; .55 1 ; 5.3
' I ; ; ; ; ; ; ; ; ;
February--- 45.3 16.4 30.9 ; 71 ; -11 57 ; .29 ; .15 1 .41 1 ; 4.6
March 51.2 22.5 36.8 73 -4 100 .76 .30 1.12 3 ; 3.1
April 61.4 32.1 47.3 84 12 248 ; 1.36 .46 t 2.07 ; 3 ; 4.3
May ; 72.6 43.3 53.0 92 27 558 ; 2.16 : .97 1 3.20 ; 5 ; .3
June ; 92.3 52.0 67.4 100 39 922 ; 1.81 ; .74 ; 2.67 ; 4 .J
July 99.3 57.3 ; 73.4 ; 170 47 1,035 1 1.24 ; .47 ; 1.95 ; 3 .0
August ; 86.9 54.9 ; 7.1.9 ; 99 43 958 ; 1.22 ; .42 1 1 .85 ; 3 ; .0
I
September ; 77.8 44.6 61.3 ; 94 ; 29 639 1.33 .36 2. 10 3 ; .6
October 56.9 , 33.3 50.3 ; 85 15 333 .31 .22 1.46 2 ; 3.0
, ,
lovenber 5:}.3 ; 21.7 ; 36.3 ; 74 -1 65 ; .53 .14 .94 ; 2 ; 5.4
I
December ; 42.0 ; 13.9 ; 29.0 ; 57 ; -•3 8 .3t .04 .52 1 1 4. 1
; 4 1
Year 53.3 : 33.5 ; 43.3 ; '91 -21 4,-360 12.J7 , 4.55 ; 14.94 31 1 35.7
14ecor.ied in the period 1951-74 at •:,reeky, CO.
2A growing degree day is an index of the amount of heat available for plant growth. It can be calculated
5y adding the maximum and minimum daily temperatures, dividing the sum by 2, and subtracting the temperature
below which growth is minimal for the principal crops in the area (400 F).
WELD COUNTY, COLORADO, SOUTHERN PART
T143L= 2.--FRF=?E ^AT?S I9 SPRIYO A`l0 FALL
Minimum temperat2re1
•
Pr>jabillty 240 r ; 23'3 F 30 F
or lower ; or lower ; or lower
_
___ �
r T'<aLE 3.- .R'2IYG i=A5OM LE4GTH
Last freezing ; ; _
tamoerature ; ; I - --"
in spring: ; ; ; Oaily. minimum temperature
1 year in 10 ; ; ; during growing season
liter than-- April 23 ; May 11 ; May 24 , --;, — +
robe:. '' j' igher ki;her , 6ligher
' than than ; / than
? years in 10 ; 240 F 233 F 1 3' F
liter than-- ; April 22 Nay 5 ; may 13 -- --1:41.1 ;--^� s�
years in 13 ; ' ) /ears in t) 166 i'17 ; '?.2
lour than-- April 11 ' April 25 May t0
i legs in 1-0 175 1`5 '7
=drat freezing + : years . . '0 1 +) 13 '3
temperature ,
•
in fall: ; ? years in 1) i) 1''. .5
1 year in 10 , t year in ') ?11 ; 139 ; 3
/'. earner than-- ; October 4 ;September 25 ;September 15? years in 10 ; + 1Recoriei in the period 195t-7'1 at ;re»iey. C:'`.
earlier than-- ' October 10 ; October 1 September 21
5 years in 10 ; •
earlier than-- October 21 ; 'ctober 11 ;September 30
-------------
1?ec`r'ied in the period 1957-74 at :,reeley, CO.
r RECLAMATION COSTS
COSTS
1) Redistribution of Topsoil
19 acres x 12" = 30,653 Cu.Yd.
@ $1.5%.y. = $ 45,980.00
2) Fine Grading
19 acres ,a $200.00/acre = 3,800.00
3) Drill and Broadcast Grass Seeding
19 acres ® $250.00/acre = 4,750.00
(See Soil Conservation Service letter regarding
deferring type aid location of plaiting until
reclamation begins.)
4) Tree and Shrub Planting
190 shrubs ® $20.00/each 3,800.00
114 trees ® $35.00/each 3,990.00
TOTAL RECLAMATION COST $ 62,320.00
The gravel extraction manager will provide adequate protection for
existing vegetation prior to reclamation and during reclamation to insure that
the vegetation will become firmly established. Due to some reclamation
occuring concurrently with mining there will be no administrative costs.
DEPARTMENT OF ENGINEERING
PHONE (3031 3564000 EXT. (
P.O. bOX 758
GREELEY,COLORA0C 80631
C.
COLORADO
April 13, 1981
fir. Bob Wolf
Western Paving Company
1400 West 64th Avenue
P.O. Box 21649
Denver, Colorado 80221
Dear Mr. Wolf:
This is a follow-up to our meeting at Rinn, Colorado, on April 6, 1981,
regarding the impact on local roads due to your existing and proposed
gravel mining operations. On April 7, 1981, Mr. Ralph Finch and I made
a more detailed invenotry of the roads in the area. The main purpose
of this letter is to state what we see as the existing conditions.
Weld County Road 2O6 between Weld County Roads 1 and 7, and also Weld County
Road 20 between Weld County Road 7 and Interstate 25 appear to be in good
condition. The surface presently has a chip and seal coat and is showing
very first signs of distress. There is minimal transverse cracking and no
signs of rutting or wheel line cracking. There is no sign of pot holes or
previous pot hole patching with the exception of sane areas that appear to
be utility installations. Approximately 4^ of the area shows light to medium
alligator cracking, although none of these areas are immediately threatening
to become pot holes.
Weld County Road 7 between Weld County Road 20 and State Highway 119 is, how-
ever, a horse of a different color. The road is presently in an advanced state
of decay. Our inventory showed 487 of the area to be all ready patched or
severly alligatored to the point that pot holing is iminent. The road is how-
ever, in fair useable condition and on the day or our inspection, no open pot
holes existed. Without further investigation into the depth of the existing
asphalt and conditions of any base course or subgrade materials it is difficult
to state at this time what level of repair would extend the service life a reason-
able period of time. I am sure that a chip and seal or thin overlay would not
serve the purpose.
It is my understanding that you have not done extensive hauling from the pit you
are now developing along Weld County Road 7. Our traffic counts on that stretch
of Weld County Road 7 averaged 232 vehicles per day, which would eouate to approx-
(^ imately (33), 18,000 pound axle passes. I'm sure when your hauling begins it will
dramatically increase the frequencyof 18,000 pound axles and would influence the
deterioration of Weld County Road 7. In regard to the maintenance agreement we
have attached to the Special Use Permit for the existing operation, I think we
can only wait and see what deterioration occurs and decide what steps to take as
the operation progresses.
Mr. Bob Wolf
April 13, 1981
Page 2
n
I'm sure your operation along Weld County Road 204 will have a major impact on
the roads in the vicinity. You described to me an operation that would encompass
nearly 400 acres and be of long duration. Presently Weld County Road 204 and
Weld County Road 20 are in good condition as I described earlier. The traffic
counts on those roads are somewhat less than I described for Weld County Road 7.
When you apply for the Special Use Permit for your new operation, I am certain
the idea of your mitigating road impacts will come up. As we discussed, no set
formula has been established for that purpose. Since the roads that would be
impacted in this situation are all paved and there are more miles affected than
the normal application, it makes our problem more difficult. I would also like
to make it clear that if there is any action to be taken or an agreement to be
reached, it would be through the Board of Weld County Commissioners, not myself.
I am, however, willing to work with you on this matter.
Thank you for your cooperation and please do not hesitate to call if you have
any further questions.
Sincerely,
Drew Scheltinga
Engineering Manager
DS:sd
sd
cc: Tom Honn, Planning
Phone 428-0800
r a'ate'ur R'ur, CC U �' G.ENEWAC' CO:ZRACIOR -V'� 1400 W. 64th Avenue
P. O. Box 21649
Denver, Coto. 8022?
July 28, 1981
Colorado Dept. of Highways
Field District No. 4
P.O. Box 850
Greeley, Colorado B^632
ATTENTION: DAVE FRASER
Dear Mr. Fraser : .
This letter is to confirm our discussion today regarding true''-
routing along Weld County Road 7 to State Highway 119 , thence
east to 1-25. It was my impression that if the present voh:-e
of Western 's trucking traveling this route remained about tie
same , and that the trucks remained clean and .,within legal 1 : -wit> ,
you could see no problems involving the Highway Department .
!"'' Western Paving appreciates your review in this matter , andl.r)ks
forward to future association together.
Yours very truly, •
WESTERN PAVING (DNSTRUCTION CO.
Frank M. .r1113 Jr .
Engineer"? 1n..r,er
_ . EACJr/deh
r^
COLORADO STATE DEPARTMENT OF HIGHWAYS
* * DIVISION OF HIGHWAYS Truck Routing
dT SH 119 - 125
August 4, 1981
Western Paving Construction Company
1400 West 64th Avenue
P.O. Box 21649
Denver, Colorado 80221
Attention: Frank M. Graham, Jr.
Engineer/Planner
Dear Mr. Graham:
You may let this letter confirm our approval for you
to route your trucks on State Highway 119 to Interstate 25.
Approval for Weld County Road 7 will have to come from County
officials.
,e•-•
It is understood that all trucks will stay within legal
limits and will not scatter material on the roadway.
If you have need for further information, feel free to
contact us.
Sincerely,
DWIGHT M. BOWER
DISTRICT ENGINEER
' /
{. \ 7f/,`
Deane
Stipp
Asst. Maintenance Superintendent
DS:jks
cc: D. M. Bower
P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232
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COLORADO DEPARTMENT OF HEALTH
Richard 0.Lamm _ - * -j�" v~` * Frank A.Traylor.M.D
- - Governor - - - _ 18 Q 0 - Executive Director
June 3, 1981 -
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Permit Number: CO-0038521 , Weld County
APPLICANT: Frank M. Graham, Jr.
FACILITY: Western Paving Construction
Cottn' Wood Pit
1400 W. 64th Ave.
Denver, CO 80221
Receipt of' your application is hereby acknowledged. The Application has
been assigned to the Industrial Unit of the Permits Section. Any
correspondence or discussion regarding your permit should be directed to
the Industrial Unit . Prior to the issuance of a permit, you
will be contacted and aovised of the effluent limitations which will be
included in the permit.
If you have any questions, please write to this office or call at
(303)+320-8333, Ext. 4380.
Sin'-re y,
- Q r
Love
Section Chief
Permits Section
.dater Quality Control Division
JL/ky
cc: EPA
• Engineering Aide
4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-3333
BURLINGTON NORTHERN
BURLINGTON NORTHERN INC.
3700 Globevilie Road
Denver, Colorado 80216
File: 901-T 4584500
November 23, 1981
Western Paving Construction Co.
1400 West 64th Avenue
Denver , Colorado 80221
Mr. F. M. Graham Jr. :
Concerning four (4) applications for private road
crossings dated October 7, 1981 located at MP 32 . 18
Sta. 800+15 ' , MP 32 . 45, Sta. 815+15' , MP 32 . 62 Sta.
824+49 , MP 33. 01 STA 844+60 ' , in the vicinity of
Idaho Creek, Colorado.
Since all requested private road crossings are within
a one-mile area, at this time only one application
is approved. This is located at MP 33. 01 Sta. 844+60 .
Sincerely,
J. C. Pohl
Division Superintendent
cc: Mr. W. H. Ferryman
MMC/DGA
Cr l• r jtI1J4t
TRI-COUNTY DISTRICT HEALTH DEPARTMENT 32.5 WEST GIRARD •
- - - -
ENGLEWOOO. COLORADO 00110
J
701-0J03
March 1. 1976
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Mr. Robert Wolf fit• -•�,
Western Paving 6 Construction • - , • '.
P. O. Box 21649
Denver, Colorado 80221
Dear Bob:
This letter is to notify you that you need not reapply for
renewal on Permits to Operate due to a ruling by the Commission
that any piece of equipment that has been issued a valid permit
is then considered an existing piece of equipment and the law
directs the Division to take no action to require applications
for Permits to Operate for existing sources.
Sincerely,
cl oiLs C. 6
Charles C. Bayle
• Environmentalist
Air Pollution. Control
CCB:rl
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PERMIT , tO OPERATE
• :I.
Colorado Department of Health
"` Air Pollution Control Division /Jr)
Certifies that NRRTERN PAVI112 CONSTRUCTION CO. U.'.S tl'�..�4'/ `�
has teen authorised to operate the following equipments
Description of equipment Basic Control Description of
trs& na and amertira 1
equipment naslc Control
(; i : i
' ' ' c ..-.." •
' pit tun material=Jim.located at 3 mii west of Lyons. Colorado
having shown to the satisfaction of the Division that the above equipment is ,
constructed/modified to operate without causing a violation of the present Air
Pollution Control Regulations of the Commission. This permit is issued conditional
that
Permit No. P-10.486 Permit Date May 1. 1974 Expiration Date M4.1 1976
This permit is revokable under the Provisions of Regulation�on 3.
APC= 24(2-72-5) � l -
Permit 10. 'P-10.568 Permit Date July 24. 1974 Expiration Date r 1. 1974
'ibis permit is revokable under the provisions of Regulation No. 3.
AMC 24 -74-10) :�
15
Permit No. P-10.682 Permit Data Dec. le. 1974 Expiration Date January 1,1976
,'This is revolyble under the provisions of Regal ion 3.
AMC 24( 4-10) - ,�
44
Div eion roc
!emit No. P-10,234 Permit Date June 13, 1973Expiration Date ,Tuly_IL 1974
This. permit is revokable under the Provisions of Regulation 3.J ,
APCE 24(2-72-5) Division Director
Permit No. p-104391 Permit Date ligv. 7. 192)_Expirat.ion Date NeveR s.r_1,,1975.
This permit is revokable under the Provisions of Regulation 3. i
APCE 24(2-72-5) Division Director
Permit 10. P-10.683 Permit Date Dec. 18. 1974 Expiration Date January 1. 1976
This wit t r the provisions of Regal on . 3.Prkab APC 24(5- 10) GL(!
Div e o Die for
Permit No P-10,653 Permit Date Oct. 8. 1974 Expiration DatoT cundr x1`174 ,
This permit is revokable under the provisions of Regulation Ho. 3 _..
APC 21(5-74-10) D 1ie`eto
Permit No.___10 3g1 _Permit Date
Ech,_ 2._L474FxPiration Date Novrmla•c I, 1)7!"
This permit is rev lable under the Proviri,m, or Regulation 3.
/.L.
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SEE WARRANTY DEED - EXHIBIT "A"
SEE PREMINING MAP - EXHIBIT "C"
PROPERTY_ OWNERS ADJACENT TO OR WITHIN
500 FEET OF THE PROPOSED MINE Bernard E. and Michele Wagy Cottonwood Land & Farms
3030 Weld County Road 20- 1/2 1005 Riverside Drive
Longmont , Colorado 80501 Fort Collins , Colorado 80521
Herman and Betty Schlagel Daniel P. and Charleen Junk
1262 Weld County Road 20- 1/2 2909 Weld County Road 20- 1/ 2
Longmont, Colorado 80501 Longmont , Colorado 80501
Lee Ervin Olson Earl A. , Helen and Craig Anderson
1738 Weld County Road 20- 1/2 8284 Weld County Road 7
Longmont , Colorado 80501 Longmont , Colorado 80501
Stromquist Farms
;Art Stromquist
12189 Oxford Road
James H. Tull Route 2 ,
7490 Clubhouse Road #201 Longmont , Colorado 80501
Boulder , Colorado 80301
Frank R. Szyjko et al
Robert D. and Eva M. Duckworth 3050 Weld County Road 20- 1/2
2719 Weld County Road 20- 1 /2 Longmont , Colorado 80501
Longmont , Colorado 80501
Harry F. Callender
James D. and Kathryn E . Befus 2964 Weld County Road 20- 1/2
9465 Weld County Road 7 , Longmont , Colorado 80501
Longmont, Colorado 80501
Kenneth A. and Rita R. Bitters
9236 Weld County Road 7
Longmont , Colorado 80501
H. Richard and Patricia R. Blatzer
9428 Weld County Road 7
Longmont , Colorado 800501
Wallace H. and Lucille Meyer
2910 Weld County Road 20- 1/2
Longmont , Colorado 80501
Lain A. and Linda L . McCoy
2856 Weld County Road 20- 1/2
Longmont, Colorado 80501
William A. Gillespie
256 Hemlock Street
Broomfield , Colorado 80020
June H. Lehr
3254 Weld County Road 20
Longmont, Colorado 80501
RE : W P MINING PERMIT - CONTACTS FOR IMPACT STATEMENTS $ ADVICE:
/" COLORADO DEPARTMENT OF HEALTH
Water—Quality Control Division
4210 E . 11th Ave, Denver , Colorado 80220
Job Love , Section Chief
Phone : 320-8333
TRI -COUNTY DISTRICT HEALTH DEPARTMENT
Air PPollutioil Control Division
3265 West Girard, Englewood , Colorado 80110
Jim Russell , Environmentalist
Phone : 761- 0383
LEGAL COUNSEL - WESTERNPAVING_
Caplan & Ernest
1301 Spruce Street , Boulder , Colorado 80302
Lynn Bird
Phone : 443-8010
MOSES, l4'ITTEM1'ER, HARRISON AND WOODRUFF , P.C .
}s.b. Box 1-4-A10, 1702 Walnut St , Suite 300 , Boulder , Colorado 80306
Robert E. L . Beebe
Phone : 443-8782
COLORADO DIVISION OF WILDLIFE
Environmental-�iologist
317 IV Prospect , Ft . Collins , Colorado 80521
Don Bogart
Phone: 484 - 2836
WILD LIFE PROGRAM SPECIALIST
6060 Broadway, Denver, Colorado 80216
Chuck (C .J . ) Grand-Pre
Phone : 825- 1192
USDA
9595 Nelson Road , Box D, Longmont , Colorado 80501
Jim Hamilton , District Conservationist
Carrol Hamon, District Conservationist
Phone : 776- 5832
DISTRICT 6 , WATER USERS
500 Coffman -5t , Suite 107 , Longmont , Colorado 80501
Robert C. Brand , P.E .
Phone : 772- 5282
COLORADO WATER CONSERVATION BOARD
1313 Sherman Street, Denver , Colorado 80203
Larry Lang
Randy Seaholm
Phone : 866-3441
DIVISION OF WATER RESOURCES
1313 Sherman Street, Denver , Colorado 80203
Bob Bossen
Dick Stenzel
Phone: 866-3587
WELD COUNTY DEPARTMENT OF ENGINEERING
P.O. BOX 785 , Greeley, Colorado 80631
Drew Scheltinga - Engineering Manager
Phone : 356-4000
COLORADO STATE DIVISION OF HIGHWAYS, DIST 4
P .O . BOX 850 , Greeley, Colorado 80632
Dave Fraser
Deane Stipp - Assistant Maintenance Superintendent
Phone : 353- 1232
ENGINEERING DYNAMICS
3925 S. Kalamath , Englewood , Colorado 80110
John Barthell
Phone : 761-4367
WELD COUNTY PLANNING DEPARTMENT
915 10Th Street, Creeley, Colorado 80631
Tom Honn - Zoning Administrator
Phone : 356-4000
HEALTH AND SAFETY
FENCING
Perimeter fencing will be erected and maintained prior to
and for the duration of all mining operations on the prop-
• erty for the purpose of public safety and the security of
machinery and equipment.
Perimeter fencing will consist of 3 strands of barbed wire .
BLASTING
No blasting will be involved in the mining operations
on the property.
ACCIDENT PREVENTION
Proper precautions for accident prevention will be exercised
at all times for the protection of all persons and property,
actively and passively employed in, visiting and in the
vicinity of the proposed project.
Safety provisions and applicable laws and codes will be
observed as prescribed by the Mine, Safety & Health
,— Administration (MSHA) of the Division of US Dept. of
Labor, Mining Entorcement and Safety Administration (MESA)
Colorado Bureau of Mines, Occupational Safety and Health
Administration (OSHA) , Department of Transportation (DOT)
Weld County Highway Department, Colorado Department of
Highways, Colorado Department of Health and the E.P.A.
Machinery, equipment and all hazards will be guarded in
accordance with the safety provisions of these governing
authorities.
USE OF PREMISES
All equipment, storage of materials and construction
operation will be confined to the limits prescribed uy
ordinances or permits and as shown on the drawings and
in the text of this report, or as may be directed by the
proper governing authorities. Equipment and the storage
of materials will not unreasonably enccnDer the premises .
The proposed mining operations will co: ly with all
reasonable instructions of the proper governing authorities
and ordinances and codes regarding signs, traffic, fire
and imminent danger. Disposal of materials, debris, rubbish
and trash during and upon completion of mining and reclamation
operations shall comply with applicable laws and ordinances .
r HEALTH AND SAFETY
GEOLOGIC HAZARDS
No material geologic hazards exists or will be created by
the proposed gravel extraction and land reclamation plans.
As the existing natural slopes will be replaced by
steeper slopes at many locations, the questions of potential
future slope instability is of greatest interest as a
geologic hazards. However, the proposed average 3: 1 slopes
in the natural tree-draining gravels will pose no problem.
During the placement of the earth eml)ankments, temporary
steep slopes will exist. These should pose no problem,
particularly in view of the vertical cuts in the nearby
pits that have remained stable for many months.
SANITARY FACILITIES
Adequate sanitary facilities will be furnished, instilled
and maintained for the workmen. As the needs arise, a
sufficient number of enclosed temporary toilets will be
conveniently placed outside the 100 yr. flood plain, as
required by the Sanitary Code of the State of Colorado.
Drinking water will be provided from an approved source,
so piped or transported as to keep it safe and fresh, and
served in a single service container or satisfactory
type of sanitary drinking water. All such facilities and
services shall ae furnished in strict accordance with
existing and governing health regulations .
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