HomeMy WebLinkAbout20012308 4311 Highway 66, Suite 4
Longmont, CO 80504
Office (970) 535-9318
Denver (303) 485-7838
Fax: (970) 535-9854
Mr. Kim Ogle August 15, 2001
Weld County Planning&Zoning Department
1555 N. 17th Avenue
Greeley, CO 80631
Dear Mr. Ogle,
Included herein is a revised Use by Special Review for a Mining Operation Application
page and mining description along with maps for the Platte Sand and Gravel, LLC, S&H
mine. The revised information is a reduction from the original application and therefore is
not a substantial change.
The primary revision in the application is a reduction of the main mining area to 180 acres
and a reduction of the requested time for the permit to 20 years. Additionally, this submittal
includes the following exhibits to supplement the record:
1. Mined Land Reclamation Board(MLRB)permit for the S&H mine
2. Western Mutual Ditch Company Water Agreement
3. Western Mutual Ditch Company Easement Agreement
4. Western Mutual Ditch Company Crossing Agreement
5. Traffic Impact Study
6. Draft Road Improvements Agreement
7. Xcel Energy Agreement
8. Ptasnik/Decker/Platte Sand and Gravel -Dewatering Mitigation Agreement
9. Dewatering recharge protection plan
10. Colorado Department of Public Health& Environment Discharge Permit
11. Approved Substitute Supply Plan
We firmly believe that the reduction in both size and scope of the requested permit,the
location of the mining site within the property along with the above agreements, plans and
permits alleviates many of the concerns expressed during the Planning and Zoning Hearing.
S' ly,
h mas re
E vironmental Consultant 2. EXHIBIT
�/
Pc: Clerk to the Board t� (..1)
Bruce Rippe(2) (AV 413O49
2001-2308
Your "Pro Ag"Environmental Professionals
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax(970)304-6498
USE BY SPECIAL REVIEW(MINING OPERATION) APPLICATION
Application Fee Paid Receipt# Date
Recording Fee Paid Receipt# Date
Application Reviewed by:
To be completed by APPLICANT in accordance with procedural guide requirements:
1. I(we),the undersigned,hereby request a hearing before the Weld County Planning Commission
concerning a proposed gravel mining operation for the following described unincorporated area of
Weld County
LEGAL DESCRIPTION: See attached.
PARCEL NUMBERS: See attached.
2. Surface owner(s) of area of land described:
Name: Tom Sharkey Address: 15430 Copperfield Drive Phone: (719) 522-0500
Colorado Springs, CO 80921
Name: Krystal Hoffschneider Address: P.O. Box 180
Littleton, CO 80160 Phone: (303) 274-4474
3. Owners of mineral rights or substance to be mined:
Name: Tom Sharkey Address: 15430 Copperfield Drive Phone: (719) 522-0500
Colorado Springs, CO 80921
Name: Krystal Hoffschneider Address: P.O. Box 180
Littleton, CO 80160 Phone: (303) 274-4474
4. Source of applicant's legal right to enter and to mine on the land described:
Copy of Source of Legal Right to Enter and Deeds
5. Applicant's address: Platte Sand and Gravel, LLC Phone: (303)274-4474
1300 Harlan St., Lakewood, CO 80215
P.O. Box 180, Littleton, CO 80164
6. Identify any prior permits for mining held by applicant or affiliated person: None
7. Description of Operation
a. Types and number of operating and processing equipment to be used: Gravel Plant—1,
Concrete Plant,Asphalt Plant— 1, Precase plant—1, Recycling Plant—1.
b. Maximum number of employees: 40, and number of shifts: 2
c. Number of stages to be worked: 1,and periods of time each is to be worked: 20 years.
d. Thickness of mineral deposit: 45 +feet, and thickness of the overburden: 0-24"
e. This will be a wet/dry pit operation: Dry 60 days at start and then wet.
f. Site entrance/exit points and County Roads and Bridges to be utilized between site and
delivery point(s)(must be coordinated with County Engineer): New access at intersection
of Weld County Road 23 and 36.
8. Description of reclamation
a. Proposed reclamation land use(s): Private and public wildlife area and recreation area.
b. Source of technical advise for reclamation: Environment, Inc., Steve O'Brian; Soils —
NRCS: ERO Resources—environmental. (See MLRB Permit and Approval)
c. Explanation of Reclamation Process: Areas above water will be re-soiled and seeded
according to Mined Land Reclamation Board Permit.
I here by depose and state under the penalties of perjury that all statements,proposals and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
S nature: ner A iz gen
Rocky Hoffsc neider,Agen
Platte Sand and Gravel, LLC
Platte Sand and Gravel, LLC
S & HMine
Weld County Use by Special Review
Division 4 - Open Mining
(Revised)
August 10, 2001
AgPro Environmental Services,LLC
4311 Highway 66
Longmont,Colorado 80504
(970)535-9318
Contents
Section 23-4-260 Application 3
Section 23-4-260.A. - Legal Description 3
Section 23-4-260.B. - Fee owners of the surface area to be mined 3
Section 23-4-260.C. -Fee Owner of Substance to be mined 3
Section 23-4-260.D. —Legal Rights to Enter 4
Section 23-4-260.E. —Address of the General Office and Address of Applicant 5
Section 23-4-260.F. —Other Mining Permits 5
Section 23-4-260.G. —Detailed Description of the Method of Operation 5
Property Map Outlining Mining Area 6
Revised Mining Map 7
Section 23-4-260.G.1. —Types and numbers of operations and processing equipment
employed 8
Section 23-4-260.G.2. —Number of Shifts to be worked and maximum number of
employees 8
Section 23-4-260.G.3. —Mining operation type—Wet or Dry 8
Dredge Operation Schematic 9
Section 23-4-260.G.4. —County roads and Bridges to be utilized 10
Section 23-4-260.G.5. — Size of the Area and stages to be worked at any one time 10
Section 23-4-260.G.6. —Timetable giving period of time required for Various Stages
10
Section 23-4-260.G.7. —Depth and Thickness of Mineral deposit and thickness of
overburden to be removed 10
Section 23-4-260.G.8.—The proposed use of reclaimed lands and an explanation of
the reclamation process 11
Section 23-4-260.G.9. - The Source of Technical Advice in that type of reclamation
for open cut mining 11
Section 23-4-260.G.10—Any other information determined to be necessary by the
Board of County Commissioner's to ensure protection of the Health, Safety and
Welfare 12
Section 23-4-260 Application
Section 23-4-260.A. - Legal Description
Section 23-4-260.8. - Fee owners of the surface area to be mined
Section 23-4-260.C. - Fee Owner of Substance to be mined
Application form attachment #2
Legal Description
Parts of the SE'SEe, Section 23, and Parts of the SEkNEh, simihNE1/4,
SEhSW', AND SEhNWk, Section 26, and Parts of the NEkNEh and
SEhNEh, Section 34, and Parts of the NEh, NWT and SEhSW4, Section
35 , Township 4 North, Range 67 West, and parts of the VI, and
EllW1/2 Section 2 , Township 3 North, Range 67 West, 6th Principal
Meridian, Weld County, Colorado. Containing 1, 620.41 acres ±
Owners name Parcel numbers
Sharkey, Tom 120902000022, 120902000023
15430 Copperfield Dr. 105926000005, 105926000006
Colorado Springs, CO 80921 105926000031, 105926000033
( 719 ) 522-0500 (O) 105934000012, 105935000003
Hoffschneider, Krystal R. 120902000009
P.O. Box 180
Littleton, CO 80160
(303 ) 274-4474 (O)
Section 23-4-260.D. - Legal Rights to Enter
SOURCE OF LEGAL RIGHT TO ENTER
STATE OF COLORADO )
ss . AFFIDAVIT
COUNTY OF JEFFERSON )
Rocky Hoffschneider, being first duly sworn upon oath,
deposes and says:
1 . He is the Agent for PLATTE SAND AND GRAVEL L.L.C. a Colo-
rado corporation, and is empowered to act for and on behalf of
said corporation in all respects in connection with any applica-
tions , petitions, contracts, correspondence, bonds or activities
with or before the Weld County Board of County Commissioners and
the Colorado Mined Land Reclamation Board.
2 . The surface and mineral rights in and to the property
known as the S & H Mine is owned one hundred percent in fee
simple, by Tom Sharkey and Krystal Hoffschneider and will be mine
under a lease agreement. The lease is available for inspection
at the offices of the corporation in Lakewood, Colorado.
3 . The corporation is legally empowered to enter upon the
subject lands and to conduct mining operati n$ for construction
and decorative rock and other auxiliary use . ^
RockcNEio. sc neider
SUBSCRIBED and sworn to before me this
7 day of November, 2000, by Rocky
Hoffschneider, Agent for Platte : • -�.;�d
Gravel L.L.C . , a Colorado cor..-",Ayhtf.F.9
O�j
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My co . � .>' e res :
Section 23-4-260.E. - Address of the General Office and Address
of Applicant
Platte Sand and Gravel, LLC
1300 Harlan Street, Lakewood, CO 80215
P.O. Box 180 Littleton, CO 80164
Section 23-4-260.F. - Other Mining Permits
None
Section 23-4-260.G. - Detailed Description of the Method of
Operation
The use proposed in this application is for a single-phase open pit sand and aggregate
mining operation for extracting and processing, sand and gravel contained under the site
including additional support and related aggregate facilities.
Initial mining will occur on a small bench deposit located southeast of the Plant Site.
Gravel is exposed at the surface and mining will not require any dewatering or dredging.
This area will be mined using a loader. This area will be mined to establish internal
roadways and the plant site base.
Once the plant site base is established, simultaneous preparations to place a dredge in
the Sharkey's Lake are will occur. A small starter pit will be prepared, dewatered
temporarily and excavated to an area not to exceed 1 acre in size. The dredge will be
assembled in the starter pit and the dewatering will cease. As water recharges the pit, it
will float the dredge and continuous wet mining will occur throughout the proposed 180-
acre area of Sharkey's Lake. Dewatering is expected to occur for only 60 days. A map
of the initial mining area, plant site and 180-acre mining area in Sharkey's Lake is
attached.
Sand and gravel from the dredge will be processed on-site. Aggregate stockpiles will be
located in the Sharkey's lake area adjacent to and within the plant site. This plant site is
where all the materials mined will be processed and stockpiled before sale.
Support and related aggregate facilities include a concrete batch plant, an asphalt batch
plant, a concrete pre-casting facility, concrete/asphalt recycling plant and a maintenance
facility consisting of a machine and repair shop, an office, scale house and scale, and
miscellaneous storage buildings related to the site. Current plans are to use an existing
house in the ranch complex as the primary office facility.
The concrete batch plant, asphalt plant, concrete pre-cast facility and concrete/asphalt
recycling are materials processing operations that coincide with the aggregate mining
operations.
Property Map Outlining Mining Area
i
PLATTE SAND & GRAVEL, LLC '-- !
Parts of Sec. 23, 26 and 35, TAN, R671( & Pert of Sec 2. T3N, R87* of the 8th P.M., WELD COUNTY. COLORADO
SITE PLAN I.7Irl�
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Section 23-4-260.G.1. — Types and numbers of operations and
processing equipment employed
The plant site area will contain typical aggregate processing equipment and asphalt and
concrete batch plants. Equipment used in this operation are: a dredge; a processing
plant containing screens, crushers, conveyors; a water truck; haul trucks; two motor
graders; a dragline; a dozer; 3 to 5 front-end loaders and 2 + scrapers. The equipment
will remain on the site for the life of the mine, but the exact number of each individual
type of equipment will fluctuate depending on the amount of materials produced each
year.
Section 23-4-260.G.2. — Number of Shifts to be worked and maximum
number of employees
All sand and gravel operations will be conducted during the hours of daylight except in
the case of public or private emergency, or to make necessary repairs to equipment.
Administrative and executive offices or repair facilities may be operated during hours
beyond daylight.
Two shifts may be operated during peak summer season. The maximum expected
number of employees on-site is 40.
Section 23-4-260.G.3. — Mining operation type — Wet or Dry
After initial start-up, mining will be a wet operation.
Initial mining will occur on a small bench deposit located southeast of the Plant Site.
Gravel is exposed at the surface and mining will not required any dewatering or
dredging. This area will be mined using a loader. This area will be mined to establish
internal roadways and the plant site base.
Once the plant site base is established, simultaneous preparations to place a dredge in
the Sharkey's Lake are will occur. A small starter pit will be prepared, dewatered
temporarily and excavated to an area not to exceed 1 acre in size. The dredge will be
assembled in the starter pit and the dewatering will cease. As water recharges the pit, it
will float the dredge and continuous wet mining will occur throughout the proposed 180-
acre area of Sharkey's Lake. Dewatering is expected to occur for only 60 days.
Dredge Operation Schematic
A5M11,&15, INC.
2355 YANKEE AVENUE i DURANT, !CWA 52747 I !3'91 785-6539 ■ FAX (3',9) 785-6543
3-'WIRE DREDGE POSITIONING
SCHEMATIC
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DREDGE
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FLEXIBLE JOINT
( 3 places) \
TAIL LINE
SHORE LINE •—'`
1
DISCHARGE PIP= .\\I
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Section 23-4-260.G.10 — Any other information determined to be
necessary by the Board of County Commissioner's to ensure
protection of the Health, Safety and Welfare.
Additional information and agreements:
1. Mined Land Reclamation Board(MLRB)permit for the S&H mine
2. Western Mutual Ditch Company Water Agreement
3. Western Mutual Ditch Company Easement Agreement
4. Western Mutual Ditch Company Crossing Agreement
5. Traffic Impact Study
6. Draft Road Improvements Agreement
7. Xcel Energy Agreement
8. Ptasnik/Decker/Platte Sand and Gravel-Dewatering Mitigation Agreement
9. Dewatering recharge protection plan
10. Colorado Department of Public Health &Environment Discharge Permit
11. Approved Substitute Supply Plan
STATE OF COLORADO
•
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 D I v 15 1 O N O F
Denver,Colorado 80203 M I N E RA L S
Phone:(3031866-3567
FAX:1303)832-8106 &
GEOLOGY
RECLAMATION
MINING•SAFETY
August 10, 2001
Bill Owens
Mr. Rocky Hoffschneider Governor
Platte Sand&Gravel LLC Greg E.Watcher
Executive Director
P.O. Box 180
Michael B.Long
Littleton, CO 80160 Division Director
•
Re: S & H Mine,M-2000-158,Permit Issuance- Construction Material Operation
Dear Mr. Hoffschneider:
On August 10, 2001 the Division of Minerals and Geology found Platte Sand & Gravel LLC to have satisfied the
applicable requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Therefore,
a permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for our
files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the
permit.
I. All of the original application materials, as amended and supplemented, are an integral part of your
permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of
these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the
permit and the permit application at the mining operation as a reference for operating personnel, to help ensure
compliance with the terms of the permit.
2. Changes in the mining and reclamation operations that differ from those described in the permit may
require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations
and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments,
Rule 1.9 to Technical Revisions,and Rule 1.11 to Conversions.
3. On your permit anniversary date each year, August 10th, you must submit an annual fee and an annual
report to us. The annual fee for this permit is $688.00. Please consult the Act, Rules and Regulations, and your
permit for specific annual report requirements applicable to your mine.
If you have any questions,please the contact the Division.
Sincerely
IC
Division Dire c r
MBL/CBM/bdc
Enclosure
cc: Stevan L. O'Brian, Environment, Inc.
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215 DIVISION O F
Denver,Colorado 80203 MINERAL S
Phone:(303)866-3567
FAX:(303)832-8106 &
GEOLOGY
RECLAMATION
MINING•SAFETY
MINING AND RECLAMATION PERMIT
CONSTRUCTION MATERIAL MINING OPERATIONS Bill Owens
Governor
Greg E.Watcher
Executive Director
Permit Number: M-2000-158 Michael B.Long
Type of Permit: 112c Division Director
Permit Date: August 10,2001
(Anniversary date for
annual report and fees
purposes)
THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources,
State of Colorado.
RECITALS
A. The Permittee,Platte Sand&Gravel LLC desires to conduct a mining operation known as S &
H Mine,for the purpose of extracting sand and gravel. The Permittee will not mine any secondary commodities
at this site.
B. On June 27, 2001 the Mined Land Reclamation Board (the "Board") approved the Permittee's
application for this permit,fixed the amount of the financial warranty and directed that this permit be issued upon
the filing with the Division of Minerals and Geology (the "Division") of performance warranty and financial
warranty(or warranties)in the amount so fixed in form and substance approved by the Division. Said warranties
have been filed with the Division.
C. If the Permittee desires to extract materials other than those listed in (A),a separate permit may
be required.
D. On June 27,2001 the Board made the following findings:
1. The application for this permit complies with the requirements of the Colorado Mined
Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq.,as amended,and
with all applicable local,state and federal laws;
2. The operation will not adversely affect the stability of any significant, valuable, and
permanent man-made structure located within two hundred feet of the Affected Land, except where there is an
agreement between the Operator and the persons having an interest in the structure that damage to the structure is
to be compensated for by the Permittee;and;
-2-
3. The proposed mining and reclamation operations can be carried out in conformance
with the requirements of the Act,and the Construction Material Rules and Regulations.
E. The Pennittee has made a showing satisfactory to the Board: 1)that it will employ, during and
after its underground mining and/or surface operations, procedures designed to minimize environmental
disturbance from such operation; 2)that it will provide for reclamation of the Affected Lands appropriate to the
subsequent beneficial use of such lands; and 3)that, in the event of the failure of its proposed reclamation plan,it
will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such
operations in accordance with the Act.
F. A copy of the Permittee's application,as amended and supplemented,has been approved by the
Board and is,by this reference,incorporated herein.
G. The issuance of this permit does not relieve you from having to comply with all applicable
Federal, State and County statutes,including State water law.
GRANTS,CONDITIONS AND AGREEMENTS
The Board, in reliance upon the representations and promises made in the permit application, as
amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the
Permittee,to engage in the operations described in the application on certain lands lying in the County of Weld,
State of Colorado. These lands are described in the permit application, as amended and supplemented, and are
referred to herein as the"Affected Lands".
This permit is issued subject to the following conditions and agreements:
1) The Pennittee will be bound by all applicable requirements of the Act, and all applicable rules
and regulations of the Board, as amended from time to time,the terms of the permit application,the terms of the
performance warranty,and the terms of the financial warranty filed with the Division.
2) The Pennittee will file with the Division its annual report and fees on each anniversary date of
this permit.
3) If analyses of the mining and reclamation operation and the data collected through monitoring
and experimentation by the Pennittee or monitoring by the Division indicate that the operation will not be able to
comply with the requirements of the Act and applicable rules and regulations of the Board,the Permittee hereby
agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such
deficiencies in the future. Such modifications may require technical revisions or amendments to the permit.
4) The Board,or its authorized representative may enter upon the lands of the permitted operation
at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and
Regulations,and permit have been complied with pursuant to C.R.S. 34-32.5-121.
5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules
or regulations promulgated by the Board,the permit,or by violation of a Board Order.
6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the
lands affected by the operation,or to respond to an emergency as defined by C.R.S. 34-32.5-121(2)
-3-
b) The Board will enter the lands to perform reclamation only if the Board has
determined:
i. that reclamation required by law to have been performed upon such lands has
not been performed,and
n. that financial warranty forfeiture proceedings described in the Act or similar
provisions of subsequent laws,if any,have been initiated.
c) The Division, acting for the Board, will enter lands to respond to an emergency only
where the Division determines that any of the conditions of Construction Material Rule 8.4.2.exist.
7) The additional conditions set forth in the attached rider, if any, are incorporated herein by
reference.
/ XX / a) Rider is attached.
/ / b) No rider is attached.
MINED LAND RECLAMATION BOARD
COLORADO DEPARTMENT OF NATURAL RESOURCES
MICHAEL B.LO
Division Director
RIDER TO MINING PERMIT
Permit Date: August 10,2001
Permit No: M-2000-158
The following additional stipulations and conditions form an integral part of the foregoing permit:
Stipulation No. Description
1. The Applicant will install recharge structures between the point of dewatering and any wells
adjacent to the operation. Sufficient waters being discharged will be directed to the recharge
structures to protect adjacent wells and the cottonwoods while active dewatering is occurring.
2. The Applicant will prepare and submit to the Division for its approval a complete design for
the construction of any recharge structure by no later than August 1, 2001. By private
agreement, the Applicant has agreed to submit the design for the recharge structures to Dr.
Ptasnik and his consultants for their approval. The Applicant and Dr. Ptasnik intend to agree
on the construction designs for the recharge structures prior to submittal to the Division.
3. The Applicant will not conduct any dewatering activities until the design for the recharge
structures is approved by the Division and incorporated into the permit. Further, dewatering
will not be conducted until the recharge structures are constructed.
MINED LAND RECLAMATION BOARD
COLORADO DEPARTMENT OF NATURAL RESOURCES
CHAEL B.
Division Director
A_t to E NJ'T j r Rt t re :_ err
AGREEMENT
THIS AGREEMENT, made this 16 day of June, 2001 between Platte Sand & Gravel
LLC hereinafter referred to as "Platte" whose legal address is 15430 Copperfield Dr.,
Colorado Springs, CO 80921 and the Western Mutual Ditch Company, a Colorado
corporation hereinafter referred to as "Western" whose legal address is 21454 WCR 33,
LaSalle, CO 80645 and Thomas Sharkey hereinafter referred to as"Sharkey"whose legal
address is the same as Platte's.
WITNESSETH:
WHEREAS, Platte proposes to mine sand and gravel in parts of Sections 23, 26, 34 and
35, Township 4 North, Range 67 West of 6th P.M., in Weld County Colorado hereinafter
the "property," and has filed a permit application No. M-2000-158 with the Division of
Minerals and Geology, State of Colorado and an application for a special use permit, USR
1306, with the Weld County Department of Planning Services, Weld County, Colorado;
and
WHEREAS,Western owns and operates the Western Mutual Ditch which has its headgate
on the north bank of the South Platte River in Section 11, Township 3 North, Range 67
West of the 6th P.M., in Weld County, Colorado, and which ditch borders the west and
south edges of the area of the property to be mined; and
WHEREAS, Sharkey owns certain ditch rights in Western and also owns certain well rights
on the property described above; and
WHEREAS, Western has filed an objection to the special use permit, USR 1306; and
WHEREAS, the parties wish to enter into an Agreement to address the concerns of
Western;
NOW THEREFORE, in consideration of the mutual promises contained herein,the parties
agree as follows:
1. Before March 1, 2002 Platte agrees to install two measuring weirs and clocks in the
Western Ditch at Platte's sole cost and expense. The first, or"upstream" weir will
be located at approximately the point labeled "A" on the map attached hereto as
Exhibit "A". The second, or downstream weir will be located at approximately the
point marked as "B" on Exhibit"A." These weirs will allow measurement of losses
for a portion of the Ditch located on the subject property, but not for the entire
length of the Ditch as it exists on the property. A portion of the Ditch on the Platte
F:V(IM\W ESTERN.MUTTlatte Sand\agreement 010626.wpd
property, upstream of the upstream weir(hereinafter the"unmeasured section"),will
not be subject to measurement through the use of the weirs. Platte shall own,
operate and maintain the weirs and clocks. Western's officers or agents shall
always have free access to be able to check the weirs and clocks. Any information
collected by a party from the weirs and clocks shall be preserved for at least 5
years from the time of collection, and shall be made readily available to the other
party upon request.
2. It is agreed that if Platte, at any time during the course of dewatering for its gravel
mining operations, causes Western to lose any water from its ditch, any such loss
shall immediately be made up either by Sharkey's Western shares, property wells,
or any other method. For the purposes of this Agreement, "loss" shall be defined
exclusively as the difference between the flow readings at the upstream weir and
clock and the downstream weir and clock, less agreed upon amounts for seepage,
evaporative loss, plus the pro rated loss of the "unmeasured section" of the Ditch,
as described below.
A. Evaporative loss shall be calculated using the standard method based upon
the estimated surface area of the ditch as it exists between the weirs.
Platte's engineer shall prepare the calculation, and Western's shall review.
Platte shall pay the reasonable costs of Western engineer's review.
Evaporative amounts shall be agreed upon and fixed by the parties, after the
engineering review has been completed.
B. Seepage loss shall calculated at 30%, until such time as the parties by
mutual agreement fix a different percentage. Platte will measure the
seepage loss between the weirs for a total of five years, taking
measurements only during those times when no de-watering is occurring.
Once this data is collected, Platte will calculate the average seepage loss
over the five years, and submit such analysis to Western for review.
Western's engineer shall review Platte's conclusions, and the parties shall
agree upon a percentage to represent average seepage loss thereafter.
C. Platte shall compensate Western for the loss to the unmeasured section due
to de-watering based upon a pro-rated application of the loss rate calculated
for the measured section during any given time period. The total losses due
to de-watering for the measured section of the ditch shall be divided by the
length of measured section in feet, to obtain a volumetric amount per foot of
ditch. Losses for the unmeasured section of the Ditch shall be the product
of the losses per foot on the measured section and the length of the
unmeasured section in feet.
F:\XIM\WESTERN.MUT\Platte Sand\agreement 010626.wpd 2
3. Platte also agrees that in the event Platte's activities on the property, including but
not limited to mining of the property or de-watering, cause damage to Western's
ditch, Platte will pay the cost of any repairs to the ditch.
4. Platte agrees that there will be no mining within 160 feet of the center line of the
Western Mutual Ditch. To prevent damage to the Western Ditch and ditch road,
Platte shall not allow any equipment to go upon the Western Ditch road or
easement without advance approval from Western.
5. Platte desires to cross the Western Mutual Ditch in three locations. Western
agrees to such crossings, subject to the terms and conditions of Western's standard
crossing agreement, and provided that Western personnel shall have perpetual
access across such bridges when installed. In lieu of the normal ditch-crossing fee,
engineering fees, and legal fees imposed by Western in its standard crossing
agreement, Platte agrees to grant Western easements for access to and
maintenance of the Western Mutual Ditch, the Brownwood Spillway, and the
Scottdale Ranch Diversion Ditch. Platte agrees to execute the Easement
Agreement attached hereto as Exhibit "B" immediately upon the execution of this
Agreement, and to execute Crossing agreements for the agreed upon 3 crossings
in the form of the sample agreement attached hereto as Exhibit "C."
6. Western agrees that upon the execution of this Agreement, it shall have no further
objection to the permit application, USR 13016 and it shall withdraw its party status
in Case No. M-2000-158. Western reserves the right to appear as a party in any
proposed revision to the 112 permit, and to make such arguments as are necessary
to protect the interests of the shareholders, notwithstanding any of the provisions
of this agreement.
7. This document represents the complete Agreement of the parties hereto and no oral
modification shall be recognized. Any amendments or additions shall be made in
writing and signed by the parties. If a dispute arises between the parties to the
Agreement, the prevailing party shall be awarded attorney's fees in addition to any
other award or judgment.
8. This Agreement is binding upon the successors, assigns and legally appointed
representatives of the parties.
F:KIM\WESTERN.MUTPIatte Sand\agreement 010626.wpd 3
DATED the date and year first written above.
PLATTE SAND & GRAVEL, LLC WESTERN MUTUAL DITCH COMPANY
By:
i�/VIA-ce By:
Frank Eckhardt, Jr., Its Presidert
Its Kllanager
F:\KIM\WESTERN.MUTTlatte Sandktgreemenl 010628.wpd 4
...n rn•n> in/97/90
DATED the date and year first written above.
PLATTE SAND & GRAVEL, LLC WESTERN MUTUAL DITCH COMPANY
By: By: �`t° .2 A
Its Manager Frank Eckhardt, Jr., Its Preside t
F:KIM\WESTERN.MUT\Platte Sand\agreement 010626.wpd 4
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this .2- 6 day
of 7 t.t,t ,2001, between Thomas M. Sharkey, whose address is 15430
Copperfield Dr., Colorado Springs, CO 80921, hereinafter referred to as "Grantor," and
theWestern Mutual Ditch Company, a Colorado corporation,whose legal address is 21454
WCR 33, LaSalle, CO 80645, hereinafter referred to as the "Grantee."
WITNESSETH
WHEREAS, Grantor is the owner of lands in Sections 1 and 2, Township 3 North, Range
67 West of the 6th P.M. and in Sections 25, 26 and 35, Township 4 North, Range 67 West
of the 6th P.M., as more fully set forth on Exhibit "A," attached hereto; and
WHEREAS, Grantee owns and operates the Western Mutual Ditch, the Brownwood
Spillway, and the Scottdale Ranch Diversion Ditch, all of which are located, at least in part,
upon Grantor's property;
WHEREAS, Grantee enjoys the right to operate, maintain, repair and replace the Western
Mutual Ditch, the Brownwood Spillway, and the Scottdale Ranch Diversion Ditch, but
would benefit from additional space in which to perform needed activities in proximity to
these structures;
WHEREAS, Grantor is willing to grant Grantee easements for access to, operation,
maintenance, repair and replacement of the Western Mutual Ditch, the Brownwood
Spillway, and the Scottdale Ranch Diversion Ditch;
NOW, THEREFORE, in consideration of the premises and mutual promises contained
herein, the parties agree as follows:
1. Grantor grants unto Grantee an easement west of the Western Mutual Ditch for the
purpose of access to, operation, maintenance repair and replacement of said
structure. The easement shall be defined as follows:
Commencing at a point 50 feet West of the Northernmost
point that the Western Mutual Ditch exits Grantor's property,
thence generally South along a line parallel to and 50 feet
West of the existing West bank of the Western Mutual Ditch
through parts of Sections 26 and 35,Township 4 North, Range
67 West and parts of Sections 1 and 2, Township 3 North,
Range 67 West, to a point 50 West of the Southernmost point
that the Western Mutual Ditch enters Grantor's property.
1
F;\KIM\WESTERN.MUT Platte Sand\Easement Agreement 010626.wpd
Commencing at headgate of the Brownwood Spillway on the
Western Mutual Ditch, thence generally West along and 50
feet on either side of said spillway to the Spillway's terminus at
the South Platte River.
3. Grantor grants unto Grantee an easement for access to, operation, maintenance,
repair and replacement of the Scottdale Ranch Diversion Ditch. The location and
extent of said easement shall be described as follows:
Commencing at headgate of the Scottdale Ranch Diversion
Ditch on the Western Mutual Ditch, thence generally West
along and 50 feet on either side of said Ditch to the Ditch's
terminus at the South Platte River.
4. The easements herein granted shall be non-exclusive, but neither grantor nor his
heirs, successors, and assigns shall in any way hinder Grantee's ability to access,
operate, maintain, repair and/or replace the Western Mutual Ditch, the Brownwood
Spillway and the Scottdale Ranch Diversion Ditch.
5. The easements granted herein are intended to be supplemental to Grantee's
existing rights to access, operate, maintain, repair and replace the Western Mutual
Ditch, the Brownwood Spillway and the Scottdale Ranch Diversion Ditch. This
agreement is not intended to determine or alter the nature and extent of Grantee's
pre-existing rights.
6. These Easements shall run with the land, and shall be binding upon Grantor's heirs,
successors, and assigns.
7. These Easements granted herein shall be of perpetual duration unless terminated
in writing by the parties.
DATED the date and year first written above.
Grantor:
Thomas NI. Sharkey
Grantee:
WESTERN MUTUAL DITCH COMPANY
�
By: e/c'y ciaQ
F:\KIM\WESTERN.MUT\Platte Sand\Easement Agreement 010626.wpd 2
Commencing at headgate of the Brownwood Spillway on the
Western Mutual Ditch, thence generally West along and 50
feet on either side of said spillway to the Spillway's terminus at
the South Platte River.
3. Grantor grants unto Grantee an easement for access to, operation, maintenance,
repair and replacement of the Scottdale Ranch Diversion Ditch. The location and
extent of said easement shall be described as follows:
Commencing at headgate of the Scottdale Ranch Diversion
Ditch on the Western Mutual Ditch, thence generally West
along and 50 feet on either side of said Ditch to the Ditch's
terminus at the South Platte River.
4. The easements herein granted shall be non-exclusive, but neither grantor ror his
heirs, successors, and assigns shall in any way hinder Grantee's ability to access,
operate, maintain, repair and/or replace the Western Mutual Ditch,the Brownwood
Spillway and the Scottdale Ranch Diversion Ditch.
5. The easements granted herein are intended to be supplemental to Granlee's
existing rights to access,operate, maintain, repair and replace the Western PA.rtual
Ditch, the Brownwood Spillway and the Scottdale Ranch Diversion Ditch. This
agreement is not intended to determine or alter the nature and extent of Granlee's
pre-existing rights.
6. These Easements shall run with the land,and shall be binding upon Grantor's heirs,
successors, and assigns.
7. These Easements granted herein shall be of perpetual duration unless terminated
in writing by the parties.
DATED the date and year first written above.
Grantor:
Thomas M. Sharkey
Grantee:
WESTERN MUTUAL DITCH COMPANY
By:
2
FAKIM\WESTERN.MUT\Platte SandlEasement Agreement 010626.wpd
rtrruerntRQ SL:6l r0/9Z/90
Frank Eckhardt, President
Attest:
.. / rn -C:1.41e2 ,nn—
5 Secretary
• STATE OF COLORADO )
) ss.
COUNTY OF WELD
Subscribed and sworn to before me this_ _day of , 2001, by
Thomas M. Sharkey.
WITNESS my hand and official seal.
My commission expires:
Notary Public
F,\KIM\WESTERN.MUT\Platte Sand\Easement Agreement 010626.wpd 3
WESTERN MUTUAL DITCH COMPANY
By:
Frank Eckhardt, President
Attest:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF WELD
Subscribed and sworn to before me this oa-L day of , ,20D' , by
Thomas M. Sharkey.
WITNESS my hand and official seal.
My commission expires: I b—O`4 — 0
c
Not ry Public
3
F,KIM\WESTEPoJ.MUT\Platte Sand\Easement Agreement 010626.wpd
TTTT99£OL6$ TZ:OZ TO/9Z/90
STATE OF COLORADO )
) ss.
COUNTY OF WELD
Subscribed and sworn to before me this i0tL day of ()t„S:A , 2001, by
Frank Eckhardt,Jr. as President and nu as Secretary of
the WetterriMutual Ditch Company.
WItF E$S my hand and official seal.
: O
My commission expires: :, ._ .
Notary Public
F:\KIM\WESTERN.MUT\Platte Sand\Easement Agreement 010626.wpd 4
lr< ir t
CROSSING AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this day of
, 2001, by and between Western Mutual Ditch Company, hereinafter
Western, and Platte Sand and Gravel, LLC, hereinafter Grantee.
WITNESSETH:
WHEREAS, Western is the owner of that certain irrigation ditch system known as the
Western Mutual Ditch located in Weld County, Colorado; and
WHEREAS, Grantee desires to construct a crossing across the ditch near the intersection
of County Roads 23 and 36 as shown on the drawings marked Exhibit A hereto attached
and by this reference made a part hereof. Said Exhibit A consists of_ sheets; and
WHEREAS, Western is willing to grant the easement desired by Grantee.
NOW, THEREFORE, in consideration of the agreements of Grantee to be performed
hereunder and upon the conditions and for the period herein stated, Western does grant
to Grantee, its successors and assigns, an easement to construct, install, lay, maintain,
alter, repair, operate and remove a crossing across the ditch at the specific locations and
in the manner designated and referred to in the applicable sheet of Exhibit A.
Grantee agrees not to commence construction or repair of said crossing without first
presenting plans for said crossing and obtaining the approval thereof by the Board of
Directors of Western .
It is understood that this instrument shall grant to Grantee only such rights as
Western may grant.
In repairing, maintaining or removing said crossing Grantee shall do so in such
manner as not to damage said ditch or the embankments thereof and so as not to interfere
with the flow of water in said ditch. Any and all excavations made shall be immediately
leveled off, and any damage to the ditch shall be repaired at the expense of Grantee.
Grantee agrees that it will at all times maintain said crossing and repair all breaks,
leaks and damages therein and thereto at its own expense and further that, if, by reason
of any break, leak or damage in and to the crossing, injury to the property of Western is
sustained, then Grantee will, with all due diligence, repair and replace such property of
Western in the same condition as the same was in prior to such break, leak or damage
in and to the said crossing and will pay for any and all damages resulting from such break,
leak or damage sustained or incurred by Western or its stockholders or water users.
F:\XIMAW ESTERN.MUT\Platte Sand\Crossing Agreement Ditch 010622.wpd 1
Grantee further agrees that, if at any time the crossing causes any settling in the
ditch embankments, the roads thereon, or any part of the ditch, it will, upon notification
from Western , immediately make all repairs required by Western at Grantee's expense.
Grantee further agrees to indemnify and hold harmless Western , its successors,
assigns, employees, agents and stockholders on account of any damage or loss sustained
by them or any of them arising by reason of laying, construction, maintenance or removal
of said crossing.
If, in the future, Western should desire to enlarge, deepen or otherwise change or
relocate said ditch or to construct any other canal, ditch or waterway on said ditch or to do
any other thing incident to the operation of said ditch or any other portion of the irrigation
system of Western , then Grantee agrees, at Grantee's expense, with all due diligence, to
change, relay and reconstruct its crossing as to comply with such plans and specifications
as Western may prescribe as being necessary to permit the proper maintenance and
operation of Western 's irrigation system.
Grantee agrees to protect Western and hold it harmless from any and all third party
claims and damages that said crossing and its operation, construction, maintenance and
removal may directly or indirectly cause; and Grantee hereby releases Western , its
successors, assigns, employees, agents and stockholders from any and all claims and
damages of whatsoever character to said crossing or other property of Grantee located in,
along or across said ditch arising out of either the operation or maintenance of said ditch
or other portions of Western 's irrigation system or resulting from any other act either on
the part of Western or on the part of any Third Party.
The rights of way herein granted to Grantee shall continue so long and only so long
as Grantee, its successors and assigns, shall faithfully and promptly comply with the
provisions herein stated.
Grantee has granted Western an easement in lieu of cash payment for this crossing
agreement.
It is mutually understood and agreed that this Agreement and all the terms and
conditions hereof shall extend to and be binding upon the parties hereto, their successors
and assigns, and shall be recorded in the office of the Weld County Clerk and Recorder.
F:\KIM\W ESTERN.MUT\Platte Sand\Crossing Agreement Ditch 010622.wpd 2
Executed the day and year first written above.
ATTEST: WESTERN MUTUAL DITCH COMPANY
By
Secredary Frank Eckhardt Jr., President
PLATTE SAND AND GRAVEL, LLC
/7/4„/,
�2e
STATE OF COLORADO )
) ss.
COL PITY OF WELD
The foregoing instrument was acknowledged before me this _ day of
_._ , 2001, by Frank Eckhardt Jr. as President of the Western Mutual Ditch
Company.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
F:UCIMhV ESTERN.MUTlplatk Sand\Crossing Agreement Ditch 010622.wpd 3
Executed the day and year first written above.
ATTEST: WESTERN MUTUAL DITCH COMPANY
By; � . <� l „-.,,,nom
Secretary Frank Eckhardt Jr., President
PLATTE SAND AND GRAVEL, LLC
By
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this ,cPk day of
(44,10.. , 2001, by Frank Eckhardt Jr. as President of the Western Mutual Ditch
c'WI`fNESS my hand and official seal.
MIy Commission Expires: ,;R-,.,14 -\ - c.
, , A r
Notary Public
F:\KIM\WESTERN.MUT\Platte Sand\Crossing Agreement Ditch 010622.wpd 3
.d'U LJi I : _G O.,
STATE
STATE OF COLORADO )
) ss.
COUNTY OF1)o,1lo )
The foregoing instrument was acknowledged before me this 201%day of
t„1/41._%&.„,__, 2001, by net rw- a s LA-1 fforicis 171,1.4 PA.a i.1 a 4- tP{q
"ScTNE$S 4 hand and official seal.
My Commission Expires: (a — 0 t
.X_C32
/rte
Notary Public
•
F.UCIM' V ESTERN.MUTIPIetle Sand\Crossing Agreement Ditch 010622.wpd 4
STATE OF COLORADO )
) ss.
COUNTY OF - . 1 , r1 )
The,foregoing instrument was acknowledged before me this ;o day of
l, , ., 2001, by- as
1
• WITNESS my hand and official seal.
My Commission Expires: - ^
Notary Public
F:\KIM\WESTERN.MUTTlatte Sand\Crossing Agreement Ditch 010622.wpd 4
THIS INSTRUMENT AND THE FOLLOWING 11 PAGES ARE A DRAFT PROPOSED
FOR APPROVAL BY THE NAMED APPLICANT AND THE COUNTY OF WELD
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of , 2001,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and the Platte Sand and Gravel, LLC,
hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following
described property in the County of Weld, Colorado: See Exhibit A annexed hereto and by
reference made a part hereof hereafter the "Property"; and,
WHEREAS, the Applicant is currently pursuing an application for Use by Special
Permit with the County which will enable the Applicant to use the Property for the mining
and extraction of sand and gravel; for the operation of a cement and asphalt batching
plant(s) and for other associated uses; and,
WHEREAS, as a part of the application, the Applicant must obtain approval of the
equivalent of an overall Site Plan for the Property; and,
WHEREAS, relevant Sections of the Weld County's Zoning and Building Code
provide that no Site Plan shall be approved by the County until the Applicant has submitted
a Subdivision Improvements Agreement guaranteeing the construction of public road and
traffic improvements necessitated by the Applicant's use of trucks/vehicles and other
equipment associated with the above referenced special uses,which improvements, along
with a tentative time schedule for completion, are listed in Exhibit "B" of this Agreement.
NOW,THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said Special Use Permit together with the equivalent of the overall Site
Plan, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all
engineering services in connection with the design and construction of the
improvements listed on Exhibit "B," which is attached hereto and incorporated
herein by reference.
1.1 The required engineering services shall be performed by a Profes-
sional Engineer who is registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for
public improvements.
1.2 The required engineering services shall consist of, but not be limited
to, surveys, designs, plans and profiles, estimates, construction
supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish to the County, for approval, drawings and cost
estimates for the construction or maintenance of any roads that may become
impacted because of Applicant's utilization of the final designated haul route associated
with the Applicant's special use operation. These drawings and estimates shall be
furnished prior to the performance of any construction or maintenance by the Applicant.
Further, the Applicant shall furnish to the County, at Applicant's cost, one set of
reproducible "as-built" drawings whenever same can be produced, together with a final
statement of construction cost, within 30 working days after the completion of any
construction or maintenance. The term "impacted" means a road comprising a part of the
final designated haul route becomes in need of either construction, repair or maintenance
substantially due to the increased traffic associated with the Applicant's business
operations on the Property.
1.4 The parties mutually agree that County shall make the determination as
whether a road has become impacted. Provided, within 45 working days after the County
notifies the Applicant of such a determination, the Applicant may submit written studies
related to traffic, engineering, soils condition, surrounding drainage or any other factor
which the Applicant believes has contributed to the impact, and which are unrelated tothe
Applicant's business operations. The County shall consider these submittals and may opt
to revise its determination accordingly. If the parties disagree,the matter will be submitted
to for review to an independent third party licensed traffic engineer who shall make the final
determination about whether a road has been impacted. The Applicant shall pay all costs
the independent third party traffic engineer.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own expense, necessary
and sufficient rights of-way and easements on all lands and facilities traversed by the
proposed improvements. All such rights-of-way and easements used for the construction
of roads to be accepted by the County shall be conveyed to the County and the documents
of conveyance shall be furnished to the County for recording.
3.0 Construction, Maintenance, Dust Abatement, Traffic Control Devices: The
Applicant shall furnish and install, at its own expense, the improvements listed on Exhibit
"B," which is attached hereto and incorporated herein by reference, according to a
construction schedule approved by the County.
2
3.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County and the specifications adopted by the County for such public
improvements.
3.2 Applicant shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test
and inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and specifications
shall be removed and replaced to the satisfaction of the County at Applicant's expense.
3.4 At regular intervals, or whenever requested to do so by the County's Public
Works Department, the Applicant will cause to be prepared at its expense a plan for
maintaining and abating dust on unpaved roads comprising a part of the final designated
haul route. The plan shall require the County's approval before the Applicant administers
the plan. The Applicant shall administer and perform the plan in a timely manner at the
Applicant's sole cost.
3.5 At such time as the state of Colorado requires the installation of a traffic
control device at an intersection of a road which comprises part of the designated haul
route, the Applicant will pay its proportionate share of the cost related to such installation.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County
from any and all liability loss and damage County may suffer as a result of all suits, actions
or claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered against
the County on account of any such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in defending such suit, action or claim
whether the liability, loss or damage is caused by, or arises out of the negligence of the
County or its officers, agents, employees, or otherwise except for the liability, loss, or
damage arising from the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational
safety and health.
5.0 The parties anticipate the possibility that some of the improvements to be
installed by the Applicant may benefit off site third-party developments other than the
Property. To that end the County will arrange for the Applicant to enter into an off-site
3
improvements agreement with the third-party developer prior to recording the third-party
developer's final plat or development plan whenever it is apparent the applicant is equitably
entitled to receive reimbursement from either the County or the third-party developer for a
pro rata share of the cost of the off-site improvements made initially by the Applicant
pursuant to the terms of this Agreement.
5.1 The off-site improvements agreement shall contain the following:
The legal description of the property to be served.
The name of the owner(s) of the property to be served.
A description of the off-site improvements to be completed by the
subdivider, applicant, or owner.
The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the
Subdivision,
Resubdivision, or Planned Unit Development, as specified by the ITE Trip
generation Manual, or by special study approved by the Board of County
Commissioners.
- A time period for completion of the off-site improvements.
- The terms of reimbursement.
- The current address of the person to be reimbursed during the term of the
agreement.
- Any off-site improvements agreement shall be made in conformance with
the Weld County policy on collateral for improvements.
5.2 If the applicant fails to substantially comply with this Improvements
Agreement, the opportunity to obtain reimbursement under this section 5. will be deemed
waived by the Applicant.
5.3 The amount of road improvement costs to be paid by the off-site benefiting
developer of a Subdivision, Resubdivision, or Planned Unit Development using the road
improvements constructed under this Improvement Agreement will be based upon a pro
rata share of the total trip impacts associated with the number and type of dwelling units
and square footage and type of nonresidential developments intended to use the road
improvement. The amount of road improvement costs shall also consider inflation as
measured by the changes in the Colorado Construction Cost Index used by the Colorado
Division of Highways. Reimbursements due under this Agreement to the Applicant shall
be paid in cash. However, if the Applicant is required to pro ratably contribute to the cost
of constructing roads by either the County or a third-party developer, such contributions
may be made by the Applicant in the form of gravel, or through the supply of batched
cement concrete, or asphalt concrete, depending upon the need and circumstances at the
time.
4
5.4 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute
of Transportation Engineers shall normally be used for calculating a reasonable pro rata
share of the road improvement construction costs for all Subdivisions, Resubdivisions, or
Planned Unit Developments.A special transportation study shall be used for land uses not
listed in the ITE Trip Generation Manual. Any question about the number of trips a
Subdivision, Resubdivision, or Planned Unit Development will generate shall be decided
by the County Engineer.
5.5 The term for which the applicant is entitled to reimbursement under this
greement, or under any corresponding off-site improvements agreement, entered into
between a third-party developer, the Applicant and the County, is ten years from the date
the Applicant makes the initial road improvements.
5.6 This provision is not intended to create any cause of action against Weld
County or its officers or employees by the applicant for reimbursement, and in no way is
Weld County to be considered a guarantor of the monies to be reimbursed by the
subsequent subdividers to the Applicant.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance
with the following procedures by the Applicant, roads or improvements thereto may be
accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County, portions of road improvements may be placed in
service when completed according to the schedule shown on Exhibit"B," but such use and
operation shall not constitute an acceptance of said portions.
6.2 Upon completion of the construction of any road or improvement thereto by
the Applicant, and the filing of a Statement of Substantial Compliance,the applicant(s)may
request in writing that the County Engineer inspect the road or such improvements thereto
and recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except for
actual repair of roads, curbs and gutters, and related road improvements. Not sooner than
nine months after acceptance for partial maintenance of streets, the County Engineer
shall, upon request by the applicant, inspect the subject roads, and notify the applicant(s)
of any deficiencies. The County Engineer shall reinspect the roads after notification from
the applicant(s) that any deficiencies have been corrected. If the County Engineer finds
that the roads are constructed according to County standards, he shall recommend
acceptance of the roads for full maintenance. Upon a receipt f a positive unqualified
recommendation from the County Engineer for acceptance of the roads, the Board of
County Commissioners shall accept said roads as public facilities and County property,
and shall be responsible for the full maintenance of said Roads including repair.
5
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if
the developer has not performed the obligations specified in the Improvements Agreement
and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the
unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred
percent (100%) of the estimated costs of completing the uncompleted portions of the
required improvements, based on inspections of the develop ment by the issuer. In no case
shall disbursement for a general improvement item exceed the cost estimate in the
Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter
of Credit amount cannot be drawn upon and will remain available to Weld County until
released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the final fifteen
percent (15%), or one year from the date of Final Plat approval, whichever occurs first.
Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and
effect until after the Revised Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified
mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a disinterested
Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the
value of the property encumbered in its current degree of development is sufficient to cover
One-Hundred percent (100%) of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the property by a
Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of b
7
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to
One-Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to approval of the equivalent of an overall Site Plan, the applicant shall
indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County Commissioners and the
execution of this Agreement. Acceptable collateral shall be submitted and the overall Site
Plan recorded within six (6) months of the Board's approval of the Applicant's application
for a Special Use Permit. If acceptable collateral has not been submitted within six (6)
months, the equivalent of an overall Site Plan and all preliminary approvals shall
automatically expire. An applicant may request that the County extend the equivalent of an
overall Site Plan approval provided the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and regulations.The
improvements shall be completed within one (1)year after the equivalent of an overall Site
Plan approval (not one year after acceptable collateral is submitted)unless, the applicant)
requests that this Agreement be renewed at least thirty(30)days prior to its expiration and
further provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of One Hundred percent (100%) of the value of the
improvements remaining to be completed. If improvements are not completed and the
agreement not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to insure that the improvements
are made.
7.2 The applicant intends to do improvments in accordance with Exhibit"B."The
costs of the improvements described in Exhibit"B" will be adjusted higher or lower for the
year and quarter in which the contemplated work is being performed based on "The State
Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering
News-Record as published by The McGraw-Hill Companies. The Applicant has provided
cost estimates for all phases of the development work shown on Exhibit "B"which will be
adjusted in accordance with The State Highway Bid Price Index at the time of posting of
collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are
acceptable to Weld County subject to final approval by the Board of County
Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial
institution on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent
(100%)of the total value of the improvements as set forth in Section 6.0 and in Exhibit"B."
6
property encumbered in its current state of development is sufficient to cover One-Hundred
percent (100%) of the cost of the improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%) of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and will not release
any portion of such funds without prior approval of the Weld County Board of
Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement,
the escrow agent, upon request by the County, shall release any remaining escrowed
funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the
State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent
(100%) of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Applicant must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado
that the project or a portion of the project has been completed in substantial compliance
with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections
during the course of construction and the construction plans utilized are the same as those
approved by Weld County.
8
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
9.3 "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project"as-built" is in substantial
compliance with the plans and specifications as approved, or that any material deviations
have received prior approval from the County Engineer.
9.4 A letter must be submitted from the appropriate Fire Authority indicating the
fire hydrants are in place in accordance with the approved plans. The letter shall indicate if
the fire hydrants are operational and state the results of fire flow tests.
9.5 The requirements in Sections 9.0 thru 9.5 shall be noted on the final
construction plans.
9.6 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County, the
applicant(s) may request release of the collateral for the project or portion of the project by
the Board. This action will be taken at a regularly scheduled public meeting of the Board.
9.7 The request for release of collateral shall be accompanied by "Warranty
Collateral" in the amount of fifteen percent (15%) of the value of the improvements as
shown in this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.8 The warranty collateral shall be released to the applicant upon final
acceptance by the Board of County Commissioners for full maintenance under Section 5.3
herein.
10.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the Applicant, and upon
recording by the County, shall be deemed a covenant running with the land herein
described, and shall be binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
APPLICANT:
APPLICANT:
TITLE:
9
Subscribed and sworn to before me this day of , 2001
My Commission expires:
Notary Public
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
M. J. Geile, Chair
Glenn Vaad, Chair Pro-Tern
ATTEST:
William H. Jerke
Weld County Clerk to the Board
David E. Long
BY:
Deputy Clerk to the Board
Robert D. Masden
APPROVED AS TO FORM:
County Attorney
10
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development:
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide
throughout this Subdivision or Planned Unit Development the following improvements.
(Leave spaces blank where they do not apply.)
Estimated
Improvements Unit Cost Construction Cost
Site grading
Street r grading
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains (includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name sins
Fencing requirements
Landscaping -
Park improvements
Road culvert
Grass lined swale
SUB-TOTAL:
11
Engineering and Supervision Costs $
(Testing, inspection, as-built plans and work in addition to preliminary and final plat;
supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $
The above improvements shall be constructed in accordance with all County requirements
and specifications, and conformance with this provision shall be determined solely by Weld
County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in
Exhibit "B."
By:
Applicant
Applicant
Date: , 20
Title
(If corporation, to be signed by President and attested to by Secretary, together with
corporate seal.)
12
EXHIBIT "B"
Name of Subdivision or Planned Unit Development:
Filing:
Location:
All improvements shall be completed within years from the date of approval of the final
plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street grading
Street base
Street paving
Curbs gutters and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities -
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name sins
Fencing requirements
Landscaping
Park improvements
Road culvert
13
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
The County, at its option, and upon the request of the Applicant, may grant an extension of
time for completion for any particular improvements shown above, upon a showing by the
Applicant that the above schedule cannot be met.
By:
Applicant
Applicant
Date: , 20
Title
(If corporation, to be signed by President and attested to by Secretary, together with
corporate seal.)
14
Xcel EnergysM
Greeley Operations
PUBLIC SERVICE COMPANY 15006th Avenue
Greeley,Colorado 80631
August 14, 2001
RE: Platte Sand & Gravel, LLC
A license agreement has been prepared for the Platte Sand & Gravel request
to cross under Public Service Company of Colorado 44kV lines in three
places. These crossing are located in Section 2, Township 3 North, Range 67
West and Sections 26 and 35, Township 4 North, Range 67 West of the 6t1i
P.M., Weld County, Colorado.
Public Service Company is currently signing the agreement which Platte
Sand & Gravel has previously signed and agreed to.
If there are any questions regarding the License Agreement between Public
Service Company and Platte Sand & Gravel, please call me at (970) 395-
1229.
Sincerely,
fr
on
hts Agent
AGREEMENT
THIS AGREEMENT is entered into this 27th day of June, 2001 between Platte Sand &
Gravel, LLC (Platte) (Applicant), Dr. Michael Ptasnik (Ptasnik), and Michael Decker
(Decker).
WHEREAS, Platte has filed an application for a 112 Permit Application, and Ptasnik has
objected to the issuance of the permit; and
WHEREAS, the parties wish to resolve their dispute regarding the potential impact of the
Applicant's dewatering activity;
NOW,THEREFORE,for the mutual promises herein and other valuable consideration,the
parties agree as follows:
1. Applicant shall install recharge trenches (referred to in the Board's permit condition
as"recharge structures") between any point of dewatering and any wells located on
adjacent properties. Prior to July 16, 2001, Applicant shall prepare and submit
plans for said trenches, and Ptasnik shall have the opportunity to review and
approve said plans by July 23, 2001, prior to any dewatering. Said approval shall
not be unreasonably withheld.
2. The Applicant agrees to make Ptasnik whole in the event Applicant's dewatering
activity injures any of Ptasnik's irrigation wells. Applicant agrees to make Decker
whole in the event that Applicant's dewatering activities injure Decker Well No.
3. Applicant shall not dewater more than 1 (one) 1 (one) acre pit on the entire permit
site at any given time.
4. Ptasnik withdraws all objection to the issuance of the 112 permit as currently
proposed, and agrees not to raise any groundwater issues in the context of the
Weld County USR application. Ptasnik reserves the right to make objections at the
county level on issues other than dewatering, and reserves the right to object to any
application for an amendment to the 112 Permit Application involving increased
dewatering.
5. In the event of a disagreement over the proposed trench plan, Ptasnik and
Applicant shall agree upon a third party engineer to mediate the dispute and
determine what plan, if any, will protect neighboring wells. The mediator's decision
shall be final with regard to the plan. The mediator shall make a decision no later
than July 31, 2001.
F:\KIM\Ptasnik,Michael\agreement 010628.wpd 1
6. Ptasnik shall provide baseline within 14 calendar days with regard to the current
production capacity of his wells to Platte. Applicant shall have the right to enter
said wells with appropriate notice and measuring devices to confirm the baseline
information.
7. All signatories hereto represent that they have the authority to bind the parties
hereto.
PLATTE SAND & GRAVEL, LLC
By:
Its
Michael Ptasnik
Michael Decker
F:\KIM\Ptasnik,Michael agreement 010628.wpd 2
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di) -
GREGG TEN EYCK
LESLIE BOTHAM
JON FORD
LEONARD RICE ENGINEERS, INC. A.J.ZABBIA,JR.
GREG ROUSH
2000 CLAY STREET,SUITE 300 DENVER,COLORADO 80211-5119 KEVIN O'CONNELL
(303)455-9589 f(800)453-9589+FAX(303)455-0115 ERIN WILSON
July 27, 2001
Mr. Forrest Leaf
Leaf Engineering
13946 CR 56
Hillrose, CO 80733
RE: Final Design Submittal, S & H Mine Recharge Channel
Dear Forrest:
Thank you for your prompt review of our conceptual design of the S &H Mine recharge channel.
Based upon your comments,we have revised our plans. We are transmitting with this letter 1 set of
2 sheets that make up the final design. We ask that you review the plans,and if acceptable,provide
us with a letter stating your approval.
We have shortened the length of the channel so that it has an equivalent north-south length of about
3000 feet as you suggested. The actual length must be longer to avoid crossing a shallow gas line.
The effect with the extra length is to increase the wetted recharge area. Thus,the trench can have an
average bottom width of 11 feet. This is somewhat less than your suggested 14 feet.
If you have any questions please call our office.
Very truly yours,
LEON CE E EERS,INC.
on R. Ford,P.E.
Vice President
JRF/jam
1057SDR01
cc: Thomas Heron
D:\Documents\1057sdr01\Letter Leaf JRF-7-27-01.doc
PROFESSIONAL PLANNING, PERMITTING, MANAGEMENT AND DEVELOPMENT SERVICES FOR LAND AND WATER �0
ACEC
:xu a.\muwwcs\rva¢:5\:os\'ov5nwi\Curo[smx owc JUL 05.7001
II' Average Width--Hi=
O _�1
0.25'-0]5', Depending an Grade -- 3
/ \
S or les \ / Ground Water Mound
//////////////////////////////,7 //74///////////x/// {/7////////// a"teatime,
Average Recharge Channel Section
SCOT: t'=e'
Locking Cap
4" Dia. Steel Casing
Cement 4' Dia. Pad
•
Slope Away From Well
Ground
iiimi///////////////////// d/ Wr°,G//V,,4i7//////im, a a1,;Fie
o
20'
ooa
2" PVC Casing
Field Slotted Do
or Drilled
o
TvojCal Monitoring Well
N.T.S.
RECHARGE CHANNFI
DESIGN CONSIDERATIONS CALCUI ATION OF WETTED AREA RFOllIRFD
I) Locate recharge channel: 0= 2600 gpm= 5.6 cts
a) Between starter gravel pit and Western Mutual IR- 0.5 It/hr (infiltration rate)
Ditch to create a protective drowdown barrier FS= 1.5 factor of safely for IR
between pit and canal and wells. WA= Trench wetted area- ft'
b) As for from the starter pit as possible, to WA= DiS
minimize recycling recharge water. IR
c) In a relatively flat area, to minimize excavation. WA= 58x60'60x 1.5
0.5
d) So that it's long enough to prevent drowdown
WA= 63,000 ft'between the pit and canals/wells.
e) Where normally expected depth to ground water CALCULATION OF WETTED CHANNEL SECTION
is 5 feet or less. L= 3000' (required channel length)
L'- 4400' actual length to route around
2) Assume maximum flow in ditch is 2600 gpm (5.8 cis),
and ditch grade varies between 0.1 and 0.2 percent. WP=existing gas well
3) Toprevent sloughing and erosion, side slopes SS are 1 = 54 000
9 9 ( ) 4400
and maximum channel velocity of 2 fps. 3 µ1p= 14.3 It
4) Governing equations ore: CALCULATION OF AVERAGE AVERAGE �CHANNEL SECTION
y= flow depth �Zl
0= 1.49 A • R+'
y= 0.5 it (average depending on slope
and roughness
Where SS= 1:3; z=3
0= flow rate in cis
A= channel cross section in It' b= WP - 2y J1+z'
R= hydraulic radius in It b= 14.3-2.0.5 1+3'
s- grade of channel b= 11 It (ran ed)
Manning's coefficient (.03-.05)
and:
A= (b zy)y
WP= wetted perimeter of channel 00
= b+2y41+z'
where:
z=3
/$$ wK.,.non PATH owe,oil, S&H Mineocda:;. , -51
1 \
II9 w Recharge Channel ECaesucliso WATER Eeal,:cERS.INC.
9 8999 Details,Design Considerations,end Calculations �p,1,,,-,,,,; (b,),,,_0,,,
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WATER LEVEL MONITORING PROGRAM II)IIt' III If F )1k'
Install 3 g begin monitoring wells 60 days or more before "I„, n JI
dewoter ng beg os Monitor
water level of existing"
x st ng ?Milli]
Begat on wells and 3 monitoring wells monthly untIIII y
dewater 1'g begins, then monitor water levels weekly J , '
;s
� � End echar
I) E tl Recharge
IOlhunm \r' channel
IIII�III��II(ry l 1'q o � I /" Recharge Channel
II II (,,1I . Esisl g {l (Improvve e�sing
0 ppI II I�I�IIW Culvert ditch s gored.�� II��� I that the age
� p h el bottom
Route any tall waters A I5 wide) (sea dela'Q
l to exist g tlra noge'
' o to f eltls {�
Lpte l �x Irri
1� ppt Irrigation
� _ l+.. ❑ i wll
Existing culvert, clean to j. ❑• ex
II restore original capacity to
IVIIIIIII � Ex sling
• �� I 4 I Irrigation
YI Approximate l ar 51°rteallon I wee to be
a !Pd monitored
l. (tyv cal)
Note'. This maP od fied `♦ V(I of 4)
by Leonard Rice Engineers,
'+ I \ r.
show loyout of Recharge
Chonnel and Monitoring Wells.
See Details, Des9nq'
Considerations and Calculations I 11y1Ij' \-yJ. aoY
Sheet 1 G t liv ! r.hi
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i
STATE OF COLORADO
Bill Owens,Governor pP cow
r'e
Jane E.Norton,Executive Director ,c�
Dedicated to protecting and improving the health and environment of the people of Colorado p
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division \�S ;1
Denver,Colorado 80246-1530 8100 Lowry Blvd. `gvg
Phone(303)692-2000 Denver,Colorado 80230-6928
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado of Public Health
http://www.cdphe.state.co.us and Environment
July 20,2001
Rocky Hoffscneider,V.P.
Platte Sand&Gravel,LLC
P.O. Box 180
Littleton,CO 80160
RE: Certification,Colorado Wastewater Discharge Permit System
Permit No.,COG-500000,Facility Number: COG-500411
Weld County
Dear Mr.Hoffscneider:
Enclosed please find a copy of your certification,which was issued under the Colorado Water Quality
Control Act. You are legally obligated to comply with all terms and conditions of the permit and
certifications.
Please read the permit and the certification;if you have any questions contact me at(303)692-3599.
Sincerely,
�1/ an Q r �y
Darlene Casey
Program Assistant
Water Quality Protection Section
WATER QUALITY CONTROL DIVISION
Enclosure
xc: Bruce Kent,Permit Team,Environmental Protection Agency(8P2W-P)(w/1-7)
Regional Council of Government(w/1-7)
Local County Health Department(w/1-7)
Dennis Pontius,D.E.,Technical Service Unit,WQCD (w/1-7)
cert
Permit No. COG-5003
Facility No. COG-5004
CDMG Permit No. M-Pend;
Pag,
CERTIFICATION
AUTHORIZATION TO DISCHARGE UNDER THE
CDPS INDUSTRIAL GENERAL PERMIT
FOR SAND AND GRAVEL MINING AND PROCESSING GENERAL PERMIT
Category 07, Sub-category IA - General Permits, Sand and Gravel-Process Water&Storm water
SIC Code 1442, Sand and gravel mining, washing, crushing screening and stockpiling.
Current fee$132/year(effective July1, 1998)
This permit specifically authorizes: Platte Sand and Gravel, L.L.C.
Rocky Hoffschneidner Operations Partner,
P. O.Box 180
Littleton, CO 801.0
(303)27• w}k' 3 4(f .
with the facility contact of.
to discharge from facilities identif • the S& n e• in .. ts• ' h•. W E', o '•n26, T4N,R67W,•NEY.,SE'/., ofSect,
34, T4N, R67W;NE V., SE V., I. u /, of '. „Eb.. 6,,,44.. • d , 3*rY '. '4, of Section 2, T3N, R67W; in W er
County, as shovers in Figure (t t p ett"t; _.•m o•at On,�a F 7ta- sid3 •�r •j t a'•` h identified and described in
following table. � v"
' i'l�, Estimated Flow Rate
Outfall 'rt 4.00.0. t, YNr u, +et% e: hi/Wi
001 'I j`cha e yittl' Il n 1, jj f .. %"`' .' t'" Max. = 3.6 MGD
�'+ alM .may
I iver
The discharge is to the�Y• h .! ;tt Ri , Segment • y 1?atte River lib- S• t�'•latte River Basin,found in
t t ' • t"CR 1002-S8), as • J', 30, 2001. Segment I has bi
Classi!cations and Nu �ri.=� a'% rds or the South
designated Use Prote. : and cl•'.sifie• 'o ',..ie fo t.:00(..:• y. r 'tion, la; Aquatic Li 4 Class 2 (Warm); Agricola
Antidegradation revie '•es not ap ly ,. th' permit taus• re r e vm_'t, titer esi at as Use P,4 ected and that no water qua
standard parameters oth th••• gl .e e.'•t: ) l'' �:a
Effluent limitations in Par r J.B.2.a. o e pgrm 'rid 1• itori : quire t•' is i .B.;. of he permit sly to this facility's process wt
discharges. Salinity(TDS) knitoringo eR '• wi '-r.N.,. }fire Ph.y' a's o itoringof discharge will not be required.
page la of this certification' ad - ' nal n . e'rre a sr4
At the time of application, the p ittee certifie th JI. IM•.et •nd i mented a Sto y ater Management Plan(SWMP)for
condityb(�`o thi it,a copy oftheSWMPmustbeprovide
facility. Rocky Hoffschneidner sig his c ation tis! � f
the Division upon request. \_c
The permittee is encouraged to read the gen` t ._er ar Ile . in un ersta (Sof/it 'this was developed and read the permit to
what requirements exist. In the permit, effluent limTta santimonitoring/,reporting requirements are specified in Parts LB.and LC;spe
notification requirements for effluent violations are addressed;;;Pen lrA.
All correspondence relative to this facility should reference the specific facility number, COG-500411.
Christopher L. G
July 9, 2
Effective July 9, 2001 Expires September 30, 2002
kA ,CTS
!M7Ut
.u(E4 TO
ST PERAO
vrtlrJ
S!icP
Sae
MCC
I
T •
w Access R.o4d
1 Ando_
w
ou w savevec, sire
0o r Ctounad
sour, ( 67' 7o)
PM77e-
Lacs/vot -spy
HNvlu 4t&4 $0u4ddRy
(417tc>ED
Win)
bancvs
FIGURE 2
S&H MINE
SAND AND GRAVEL OPERATION
COG-5004/I
RPM. Z. S/7E SCe7U/ PAGE 26
I p
(_
r 1 '/ rib 1, ' (t Q• _ i. ..
o 7/?;
11y 1i�1 r la <I V MUTUAL' __—._..
i
49� / :I /
7 I SS
27 P �6 .,
10 I
2-5
/// .4760 Well
4>62
I fI
I L I I _ rt r S
1 OO� 4 C al-•:• /.
c-"--.31 ! : . Pty s 44-z
r' ,. ( : ) 044472F(Sharkey) _— II
.c - l 4>64 --L- _ `
� m• • e 4>651 i•
Well#4.4?09F(Ptaylik)
S.
Il� i
Well#2, 14043(Ptaznik)
Well
4764 36 • •
•- #1 14039RF(Sharkey) -
I4»/
a-a
°
I ;- •+ 'a'<cc'' Wall 17584(Sharkey) 0
t. i
" 1 I 4770 -
r 4 N. r
- � �. - `. Well#3, 14046(Sharkey)
T 3 .N ) ,-:�✓�� -�-- to rr.'
4»6 e• 4»5 R /°
4775
^a r . . Legend
I '
'•*!. - z- \--,, • " Wells in Section 387 c '
- • i ; Year 2001 and2002 i�l4ned"Are
3 J Y1:, a (\!lining Permit Arm
\K ,46 l + 478/ I .o
°a.. 0 - C 1,1 I
I R 6?W Il o f Al
? • /I
, I of e 6t Prime
n I( f I Id
,`n 11 1
FIGURE 1 L \ -----
S&H MINE - r - 4764 4796 4766
SAND AND GRAVEL OPERATION w r 4766
COG-500411 xr° i t 0 2000 Fe
PAGE 25 n 94'
Scottdale Ranch Location Map /v
Figure 1
USGS 7-1/2' Quadrangle Maps LEONARD2000 Clay Street,Suite 300 CONSULTING WATER ENGINEERS�INC
Milliken, Colorado and Platteville, Colorado Denver,Colorado 80211
(303)455-9589 4 FAX(303)455-0115
Page 2
•
Permit No. COG-500000
CDPS GENERAL PERMIT
FOR SAND AND GRAVEL MINING AND.PROCESSING
(AND OTHER NONMETALLIC MINERALS EXCEPT FUEL)
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS,
1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the
"Act"), this permit authorizes the discharge of process water and stormwater associated with operations
engaged in mining and processing of sand and gravel (including rock and stone used as aggregate), and
mining and quarrying of other nonmetallic minerals except fuels, certified under this permit, from those
locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall
be in accordance with the conditions of this permit.
This permit specifically authorizes the facility listed on page 1 of this permit to discharge process water
and/or stormwater associated with operations engaged in mining and processing of sand and gravel
— (including rock and stone used as aggregate), and mining and quarrying of other nonmetallic minerals
except fuels, as of this date, in accordance with the permit requirements and conditions set forth in Parts I
and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this
permit.
This permit and the authorization to discharge shall expire at midnight, September 30, 2002.
Issued and Signed this day of AUG 2 7 1997
COLORADO EPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
CERTIFIED LETTERaLe
�i^--- DATE SIGNED AUG 2 7 1997
I. David Ho , Director EFFECTIVE RtT,E OF
Water Quality Control Division PERMIT U 1 1 - 1.99/
STATE OF COLORADO
— TFFICE OF THE STATE ENGINEER opcoto
Division of Water Resources
Nmi 90
Department of Natural Resources o
1313 Sherman Street, Room 818
Denver,Colorado 80203 i_+a7e
Phone:(303)866-3581 FAX:13031 866-3589 Per11frn Bill Owens
April 30, 2001 Governor
http://water.state.co.usidefault.htm MAY 0 3 2001 Greg E.walcher
Executive Director
i � C1A/ E Hal D.Simpson,P.E.
Mr. Greg Roush L 4+ YN
Leonard Rice Consulting Water Engineers, Inc.
2000 Clay Street, Suite 300
Denver, Colorado 80211-5119
Re: S&H Mine Gravel Pit, Substitute Water Supply Plan
DMG File No. M-2000-158 •
Section 35, T4N, R67W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Roush:
This letter is in response to your application of March 1, 2001 requesting a substitute water
supply plan for a sand and gravel pit to be operated by Platte Sand and Gravel, LLC, in
accordance with 37-80-120 C.R.S. The Applicants shall be responsible for compliance with this
plan, but the State Engineer's Office may also pursue the landowner for eventual compliance.
The required fee of$1,343 for the substitute water supply plan has been paid.
This plan describes the proposed water uses for the first two years of this new mining
operation. The plan anticipates a first year net depletion of 4.2 acre-feet for up to 1.0 acre of
exposed lake surface and a second year net depletion of 21.1 acre-feet for up to 5.0 acres of
exposed lake surface. According to the information submitted, no water surface was exposed
within the permit boundary prior to January 1, 1981.
You have provided a monthly breakdown of the annual depletions for each year of the
plan. Consumptive use for the first year consists of 1.2 acre-feet of evaporative loss (from August
through December) from a maximum of 1.0 acre of exposed lake surface, 2.0 acre-feet of water
lost in product (4% moisture of 68,000 tons of raw material) and 1.0 acre-foot for dust control
(total 4.2 acre-feet). Consumptive use for the second year consists of 14.8 acre-feet of
evaporative loss from a maximum of 5.0 acres of exposed groundwater, 5.3 acre-feet of water lost
in product (4% moisture of 180,000 tons of raw material) and 1.0 acre-foot for dust control (total
21.1 acre-feet). No phreatophyte credit has been applied to this plan.
The S&H Mine Gravel Pit is located approximately 2,900 feet from the South Platte River.
The Applicant has provided a monthly schedule of lagged actual depletions to the river system,
together with a schedule of replacement requirements for the first two years of operation. While
this replacement amount matches calculated river depletions during the first two years of
operation, the deficit between pit and river depletions will need to be accounted for in future years.
The proposed source of replacement for this pit is fully consumable wastewater
treatment plant effluent or reservoir releases from a lease with the City of Longmont. The City
of Longmont wastewater treatment plant is located approximately 20 miles upstream of this new
aggregate operation. A 0.5 percent per mile transit loss (10.0 percent overall loss) has been
Mr. Greg Roush
April 30, 2001
Page 2
accounted for in the replacement. The monthly depletions and replacement requirements are
found on the table below
Month First Year (2001) Second Year (2002) First Year (2001) Second Year (2002)
Lagged Depletions Lagged Depletions Replacements Replacement
(acre-feet) (acre-feet) (acre-feet) (acre-feet)
Jan 0 0.37 0 0.4
Feb 0 0.43 0 0.5
Mar 0 0.57 0 0.6
Apr 0 0.79 0 0.9
May 0 1.07 0 1.2
Jun 0 1.45 0 1.6
Jul 0 1.85 0 2
Aug 0.15 2.06 0.2 2.3
Sep 0.48 2.05 0.5 2.3
Oct 0.63 1.87 0.7 2.1
Nov 0.61 1.59 0.7 1.8
Dec 0.43 1.26 0.5 1.4
Total 2.32 15.36 2.6 17.1
As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been
provided to an outside consultant for review. The consultant has recommended approval of the
plan by way of a draft of this letter. Based upon statutory requirements and the recommendations
of the consultant, I hereby approve the proposed substitute water supply plan in accordance with
Section §37-80-120, C.R.S. subject to the following conditions:
1. A well permit must be issued for the gravel pit in accordance with Section §37-90-137(2)
and (11), C.R.S prior any exposure or use of groundwater. The pending permit
application (Receipt Number 473204) will be evaluated pursuant to this plan. You have
identified one permitted well within 600 feet of the initial mining area. This well (Permit
No. 14046RR) is permitted to one of the partners in Platte River Sand and Gravel, LLC,
and a waiver form has been completed and submitted with this application for the plan.
Mr. Greg Roush
April 30, 2001
Page 3
2. The depletions associated with this mining operation must not exceed a total of 4.2
acre-feet in the first year and 21.1 acre-feet in the second year. The first years
depletions consist of 1.2 acre-feet of evaporative loss from a maximum of 1.0 acre of
exposed lake surface, 2.0 acre-feet of water lost in product (4% moisture of 68,000 tons
of raw material) and 1.0 acre-foot for dust control (total 4.2 acre-feet). The second
years depletions consist of 14.8 acre-feet of evaporative loss from a maximum of 5.0
acres of exposed groundwater, 5.3 acre-feet of water lost in product (4% moisture of
180,000 tons of raw material) and 1.0 acre-foot for dust control (total 21.1 acre-feet).
Should the total consumption at the pit exceed these amounts prior to the expiration
date of this plan, an amendment will need to be filed with this office.
3. You have provided a letter of intent to be served by the City of Longmont using 19.7
acre-feet of reuse water (2.6 acre-feet for 2001 and 17.1 acre-feet for 2002). An
executed copy of a lease agreement with the City of Longmont must be submitted to
this office prior to the beneficial use and/or exposure of groundwater on the subject
property.
4. Approval of this plan is for the purposes as stated herein. Any additional uses for this
water must first be approved by this office. Any future additional historic consumptive
use credit given (e.g., agricultural water transfer) for this site must consider all
previous credits given.
5. All pumping for dust control shall be measured in a manner acceptable to the Division
Engineer.
6. Adequate accounting of depletions and replacements (in acre-feet) must be provided
to the Water Commissioner and/or Division Engineer on forms and at times
acceptable to both of them. The accounting form(s) shall be sufficient to demonstrate
that the net effective replacement equaled or exceeded the total depletion on a
monthly basis. All replacement water must be concurrent with depletions in quantity,
timing, and location, except that releases may be aggregated at the discretion of the
Division Engineer. Said accounting must be received by the 10'" of the month
following the reporting period.
7. The name, mailing address, and phone number of the contact person who will be
responsible for operation and accounting of this plan must be provided on the
accounting forms to the Division Engineer and Water Commissioner.
8. The approval of this substitute water supply plan does not relieve the Applicant and/or
landowner of the requirement to obtain a Water Court decree approving a permanent
plan for augmentation or mitigation to ensure the permanent replacement of all
depletions, including long-term evaporation losses after gravel mining operations have
ceased. If reclamation of the mine site will produce a permanent water surface
exposing groundwater to evaporation, an application for a plan for augmentation must
be filed with the Division 1 Water Court at least three (3) years prior to the completion of
mining to include, but not be limited to, long-term evaporation losses. If a lined pond
results after reclamation, replacement of lagged depletions shall continue until there is
no longer an effect on stream flow.
Mr. Greg Roush
April 30, 2001
Page 4
9. This plan is valid through December 31, 2002 unless otherwise revoked or modified.
10. This substitute water supply plan may be revoked or modified at any time should it be
determined that injury to other water rights has or will occur as a result of this plan.
11. If this plan will not be made absolute by a Water Court action by the plan's expiration
date, a renewal request must be submitted to this office with the statutory fee (currently
$217) at least 45 days prior to the expiration date of this plan (by November 15, 2002).
12. Should this substitute water supply plan expire without renewal or be revoked prior to
adjudication of a permanent plan for augmentation, all excavation of product from below
the water table, and all other use of water at the pit, must cease immediately.
13. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89-
181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall
determine if this substitute water supply plan is of a quality to meet requirements of use
to which the senior appropriation receiving the substitute supply has normally been put.
As such, water quality data or analyses may be requested at any time to determine if
the requirement of use of the senior appropriator is met.
14. Acceptance of these conditions is assumed unless a letter to the contrary is received by
this office, the Division 1 Engineer (Richard Stenzel, 800 8th Avenue, Suite 321, Greeley,
CO 80631) and the District 2 Water Commissioner (Robert Stahl, 9378 Weld County
Road 25, Ft. Lupton, CO, 80621)within two weeks of your receipt of this letter.
Please contact Joanna Williams of this office or Mr. Dave Nettles, in Greeley at (970) 352-
8712, if you have any questions concerning this approval. We conclude that approval of this
substitute water supply plan does not imply a position by this office on any related litigation.
Sincerely_
scat-
63. 2
Kenneth W. Knox
Assistant State Engineer
Attachment
cc: Dave Nettles, Assistant Division Engineer
Robert Stahl, Water Commissioner, Water District 2
Tom Sharkey, Platte River Sand and Gravel, LLC
Greg Roush, Leonard Rice Consulting Water Engineers, Inc.
Gary Witt, Wright Water Engineers, Inc.
c:\011-009\o30dlf\Roush S&M Mine SWSP.doc
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