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Home My WebLink About20013027 L. G.L• G EVERIST, INC CORPORATE OFFICE 300 S.PHILLIPS AVE..SUITE 200 P.O.BOX 5829 - SIOUX FALLS,SD 57117-5829 PHONE 605-334-5000 �-, FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 yak` 303-287-9606 "�A FAX 303-289-1348 August 14, 2001 V46d CO'1(1" �� Sheri Lockman 271`)C)\6 Weld County Planning Department �� earl 1555 North 17th Avenue Greeley, CO 80631 RE: LOHMANN SAND AND GRAVEL MINE, USR-1326 Condition 2. Requirements prior to Scheduling a BOCC Hearing Dear Sheri: We respectfully submit information to show that Condition 2 has been met. With this condition met, we would like to schedule the Board of County Commissioners Hearing as soon as possible. If we can help in any way to expedite the process, please let us know. A. Letter from the US Fish and Wildlife Service stating that suitable habitat for Ute ladies'- tresses orchid is not present at the site. B. Letter from the US Fish and Wildlife Service stating that Preble's meadow jumping mouse habitat is not present at the site. C. A Traffic Impact Study was submitted to Weld County Department of Public Works on May 23, 2001. We have received comments on two occasions from Public Works and we have submitted additional information to address all their issues. D. Agreement with the Last Chance Ditch Company which allows for conveyance of discharge waters from the site is attached. E. removed at the Planning Commission hearing F. Agreements with mineral with the minerals owners or evidence of adequate attempt to incorporate the oil and gas activities into the design and operations of the site. The Agreement with Duke Energy is attached. A Letter of Consent Agreement with Merit Oil is attached. (Merit bought Bataa Oil shortly after the Planning Commission hearing.) If you have any questions, please feel free to call me at 303-287-4656, extension 18. S�esely, Lynn E. ayer Regulat Manager cc: R. A. Everist Dennis Fields EXHIBIT 2001-3027 Lise4#13e2(o l_M/LOH-ReaRrlortoBocC we dsl-061301 -via Cerxfied Mali#7000 0520 0019 0618 8616 United States Department of the Interior rdvirer, = FISH AND WILDLIFE SERVICE ya _ •° Ecological Services 755 Parfet Street, Suite 361 Lakewood, Colorado 80215 IN REPLY REFER TO: ES/CO:ES/Species/Plants/ Spiranthes diluvialis/ Survey Reports Mail Stop 65412 LK JUL 24200, Allen B Crockett Walsh Environmental, LLC 4888 Pearl East Circle, Suite 108 Boulder, Colorado 80301 • Dear Dr. Crockett: Based on the authority conferred to the U.S. Fish and Wildlife Service (Service)by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et semc.), the Service reviewed the Ute ladies'-tresses orchid (Spiranthes diluvialis) habitat assessment report for L.G. Everist, Inc.'s proposed Lohman Sand and Gravel development site in Weld County, Colorado (Township 2 North, Range 67 West, Northeast 1/4, Northwest Y Section 6). The proposed project is located southeast of the intersection of County Roads 26 and 13. The Service finds the survey report acceptable and agrees that suitable habitat for S. diluvialis is not present in the areas surveyed. Therefore, the Service concurs with the determination that the proposed project is not likely to adversely affect the continued existence of the orchid. We appreciate your submitting this report to our office for review and comment. If the Service can be of further assistance, please contact Jan McKee at (303) 275-2370. Sincerely, VejY LeRoy W. Carlson Colorado Field Supervisor cc: U.S. Army COE; Littleton, CO (Attn.: Terry McKee) ��)• Reading File Project File Reference:JPM'T&E\ORCHID\2001\SDWE10717.00Lwpd r\ gNr OF e's-- 17�TyF ate= sp United States Department of the Interior car , f FISH AND WILDLIFE SERVICE 69g0H 3 �0p9 Ecological Services Colorado Field Office 755 Parfet Street, Suite 361 Lakewood, Colorado 80215 IN REPLY REFER TO: ES/CO: T&E/PMJM/Survey Mail Stop 65412 an. 13 2081 Allen B. Crockett Walsh Envirormiental Scientists and Engineers, Inc. 4888 Pearl East Circle, Suite 108 Boulder, Colorado 80301-2475 Dear Mr. Crockett: Based on the authority conferred to the U.S. Fish and Wildlife Service (Service)by the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the Service reviewed the Preble's meadow jumping mouse, Zapus hudsonius preblei, (Preble's) survey dated May 25, 2001. This report regards the Lohmann Sand and Gravel site in Weld County, Colorado (Section 6, Township 2 North, Range 67 West). The project, as proposed, may disturb wetlands and other riparian habitats. Given your compliance with the Preble's survey guidelines, the Service finds the report acceptable and agrees that Preble's habitat is not present within the subject area. Thus, the Service concludes that development or other actions on this site should not have direct adverse effects Preble's. Should Preble's populations exist downstream from the site, actions on the site that result in significant modification of Preble's habitat downstream (for example, through alteration of existing flow regimes, or sedimentation) may be subject to provisions of the ESA. If the Service can be of further assistance, please contact Peter Plage of my staff at (303) 275-2370. • erel l ?3--' :?Sgeol oy . lso �� `"'��olorado Field Supervisor cc: U.S. Army COE, Littleton, CO Plage Reference:Peter/PMJM/2001.83 RECEIVED JUL 192001 CARRIAGE AGREEMENT THIS CARRIAGE AGREEMENT is made and entered into this 14th day of August, 2001 (the "Effective Date"), by and between the LAST CHANCE DITCH COMPANY, a Colorado mutual ditch company ("Last Chance"), and ANDESITE ROCK COMPANY, a Colorado corporation ("Andesite"). 1. RECITALS 1.1 Pursuant to an Option and Lease Agreement with Theodore M. and Linda C. Lohmann, which was completed the 30th of November, 2000, and an Option and Lease Agreement with James and Delores French, which was completed the 31" of July, 2001, Andesite leased certain real property located in Weld County, Colorado, more particularly described on Exhibit A attached hereto and made a part hereof(the "Property"). 1.2 Andesite owns and operates a sand and gravel pit (the "Lohmann Pit") on the Property. 1.3 Last Chance owns and operates for the benefit of its stockholders the Last Chance Ditch, a portion of which abuts or crosses the Property, which Last ChanceDch diverts water from the St. Vrain River for conveyance to lands generally located to the west ofd"' the St. Vrain River, and collects tail water and groundwater and otherwise drains and conveys stormwater from lands lying to the south of the Property, as well as from the Property itself, across lands lying to the north of the Property to the St. Vrain River in Weld County, Colorado. 1.4 Andesite wishes to provide for carriage through the Last Chance Ditch of its Excess Water (defined below) to the St. Vrain River, or to other storage facilities that may now or hereafter be developed that are capable of being filled out of the Last Chance Ditch. 2. DEFINITIONS 2.1 Excess Water. For purposes of this Agreement "Excess Water" means that groundwater and stormwater that may be developed and/or pumped or discharged from the Property from time to time to and into the Last Chance Ditch, including, without limitation, any such waters that may be above and beyond any historic pumping and discharge from the Property into the Last Chance Ditch. The Excess Water which may be discharged and/or pumped from the Property into the Last Chance Ditch may vary significantly from day to day, and at times there may be no Excess Water in the Last Chance Ditch. The amount of Excess Water available for discharge into the Last Chance Ditch shall be determined, from day to day as appropriate, by Andesite in consultation with the Superintendent of the Last Chance Ditch or such other officials and persons as it deems appropriate, having regard to (1) flow conditions in the Last Chance Ditch; and (2) the safe carrying capacity of the Last Chance Ditch from day to day. CKM\48286\384052.02 2.2 Excess Capacity. For purposes of this Agreement "Excess Capacity" means that carrying capacity existing from time to time in the Last Chance Ditch at the Property boundary above and beyond what is needed in order to carry all waters available for diversion during free river conditions that are called for or demanded by downstream stockholders of the Last Chance in satisfaction of their rights as stockholders. The Excess Capacity in the Last Chance Ditch may vary significantly from day to day, and at times there may be no Excess Capacity in the Last Chance Ditch. The amount of Excess Capacity shall be determined, from day to day as appropriate, by Last Chance in consultation with its Superintendent or such other officials and persons as it deems appropriate, having regard to (1) flow conditions in the St. Vrain River, (2) stockholder demands, and (3) the safe carrying capacity of the Last Chance Ditch from day to day in each reach of the Last Chance Ditch affected by the carriage of the Excess Water. 3. CARRIAGE RIGHTS 3.1 For and in consideration of the sum of Three Thousand Dollars ($3,000.00) in hand paid (the "Initial Payment"), the receipt and sufficiency of which is hereby acknowledged, Last Chance hereby grants to Andesite the right to pump and discharge its Excess Waters into the Last Chance Ditch, for carriage through the Last Chance Ditch for ultimate discharge into the St. Vrain River, in accordance with the terms and conditions of this Agreement at such times as there exists Excess Capacity within the Last Chance Ditch (the "Carriage Right"). 3.2 Initial Term. The initial term of the Carriage Right granted hereby shall be one (1) year from the Effective Date of this Agreement ("Initial Term"). 3.3 Extensions. The Carriage Right granted herein may be extended at Andesite's discretion for ten (10) successive one (1) year terms (each an "Extension Period") upon the payment, prior to the expiration of the Initial Term or then-applicable Extension Period of the sum of Three Thousand Dollars ($3,000.00) (each an "Extension Payment"). 3.4 Exercise of Extensions. Each Extension Period shall be deemed to have been properly exercised by the payment of the Extension Payment for that Extension Period, prior to the expiration of the term or then applicable extension. 3.5 Default. Andesite shall not be in default with respect to any payment of any charge required or permitted hereunder (including, without limitation, any Extension Payments), unless and until Last Chance shall have given Andesite written notice of such failure and Andesite shall fail to make such payment within fifteen (15) days thereafter. Andesite shall not be in default with respect to any nonmonetary obligation hereunder unless and until Last Chance shall have given Andesite written notice thereof, specifying the exact nature of such failure, and Andesite shall fail to cure such default within thirty (30) days thereafter; provided that if such failure shall not be susceptible of being cured within thirty (30) days, then Andesite shall not be in default hereunder so long as it shall commence such cure during such thirty (30) day period and shall diligently prosecute such cure to completion CKM\48286\384052.02 2 thereafter. In the event that Andesite shall default in its obligations (after giving effect to the foregoing notice and cure provisions) then Last Chance shall be entitled to refuse to carry any Excess Water for or on behalf of Andesite, and Last Chance may terminate this Agreement by written notice to Andesite. 4. TERMS AND CONDITIONS OF CARRIAGE 4.1 Carriage in Excess Capacity Only. The carriage rights herein shall apply only to Excess Capacity in the Last Chance Ditch as defined herein. Accordingly, Excess Water may be carried in the Last Chance Ditch on behalf of Andesite pursuant to this Agreement only at such times as there exists Excess Capacity in the Last Chance Ditch and only to the extent of such Excess Capacity. 4.2 Carriage Facilities. No later than ninety (90) days after the Effective Date of this Agreement, Andesite shall submit to Last Chance for its review and approval Andesite's general plans for any and all headgates and other discharge facilities to be constructed in the Last Chance Ditch to deliver and discharge Excess Water from the Property into the Last Chance Ditch. Andesite shall thereafter construct the approved facilities at its sole expense only after receiving written permission to do so, which approval and permission shall not be unreasonably withheld, conditioned or delayed. All construction shall be carried out under the supervision of Last Chance's Superintendent. Andesite shall be responsible for and pay all maintenance and replacement costs of the delivery facilities so constructed. 4.3 Carriage Operations. 4.3.1 Last Chance shall, as soon as practicable, provide written or oral notice to the party designated by Andesite if Last Chance is either unable to carry Excess Water for Andesite as requested (as a result of the lack of Excess Capacity in the Last Chance Ditch) or if it must displace Andesite's Excess Water from the Last Chance Ditch (again as a result of lack of Excess Capacity). 4.3.2 All canal operations, including all operation of the Last Chance Ditch headgate upon the St. Vrain River, shall be carried out by Last Chance's Superintendent or employees under his supervision, all at the sole cost and expense of Last Chance. 4.3.3 Last Chance agrees that it will use reasonable efforts to manage its headgate on the St. Vrain River in a manner which will permit Andesite to discharge Excess Water into the Last Chance Ditch as needed but without prejudice to the demands and rights of stockholders having diversion points between the headgate on the St. Vrain River and the point of discharge of such Excess Water into the Last Chance Ditch. 5. GENERAL 5.1 Entire Agreement. This Agreement constitutes the entire agreement or the parties with respect to the subject matter hereof, and shall not be altered, amended, or extended except by an instrument executed by both parties. CKM\48286\384052.02 3 5.2 Notices. 5.2.1 Written Notices. Except for such notices which are expressly permitted under this Agreement to be given orally, all notices or other communications permitted or required to be given under this Agreement shall be in writing and shall be deemed effective (i) upon delivery if personally delivered, (ii) on the first business day following deposit with a nationally recognized overnight courier service, or (iii) on the third business day following deposit in the United States Mail, postage prepaid, sent First Class, Certified, Return Receipt Requested, addressed as follows: If to Andesite: Andesite Rock Company 7321 E. 88th Avenue, Suite 200 Henderson, CO 80604 Attn: Dennis Fields If to Last Chance: Last Chance Ditch Company 11955 Weld County Road 15 Longmont, CO 80504 Attn: Harold Nelson 5.2.2 Oral Notices. Oral notices concerning this Agreement expressly permitted hereunder, including directions or communications by Andesite concerning diversion and carriage of water hereunder, shall be given as follows: If to Andesite Rock Company: a. Dennis Fields (303)287-4656 x 15; If unavailable, then to: b. Rick Everist (303)287-4656 x 20 followed by written confirmation. If to Last Change Ditch Company: a. Harold Nelson (303) 776-2336; If unavailable, then to: b. Robert Nelson (970) 785-2003 followed by written confirmation. The foregoing addresses and telephone numbers may be changed by written notice given in the manner set forth in Section 5.2.1 of this Agreement. r CKM\48286\384052.02 4 5.3 Applicable Law and Venue. This Agreement is made in and shall be governed by the laws of the State of Colorado. Venue for any legal action arising out of or concerning this Agreement shall be in Weld or Adams Counties, Colorado. 5.4 Assignment. This Carriage Agreement shall not be assignable without the prior written consent of the parties hereto, which consent shall not be unreasonably withheld, conditioned or delayed. 5.5 Name of Carriage Rights. The Carriage Rights that are the subject of this Agreement are intended and shall be considered to be interests in real property in the nature of an easement. Executed and effective as of the date first stated above. LAST CHANCE DITCH COMPANY, a Colorado mutual ditch company n / By: %; .a-i4 �� ✓1 Robert Nelson, Pretsident Attest: ' : ,,teg 774,,c, i Harold Nelson, Secretary-Treasurer ANDESITE RR COMPANY, a Colorado corporation By: / Rick derist, President CKM\48286\384052.02 5 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /4 day of , 2001, by Rick Everist, as President of Andesite Rock Company, a Colo o corporation. Witness my hand and official seal. My Commission Expires: �, �.. :a J ,P U O• Notary Publ OF 60'!! [S E A L] MyCamw Egi aJm.1,8002 STATE OF COLORADO ) Wilt ) ss. W COUNTY OF il t ) �O The f regoing instrument was acknowledged before me this � f r,{/ day of / , 2001, by Robert Nelson as President of Last Chance Ditch Company, a Colo do mutual ditch company. Witness my hand and official seal. My Commission Expires: Q OO �Ot flY PVB��c Notary Public AIM ;s H:CONVERSE h 9'•... pt " OF CO� Q: ^ My Comm.Expires Jan.1,2002 CKM\48286\384052.02 6 EXHIBIT A Depiction of Property V to i „ - I1 nun.a s(J — 1 / 9 : 'IW p •.�__-- -_- T IY ,� �+'� % 1 •' ��F © 1 bsrcnweF N • _7z-----( :t y i ®I 1 / . Ili ' Th. ! I I j �i i Q II I 1jainsmti ;II • ( I • I III , II I I,ti ' t— ®°� j• iii :i/,•�- i 1/41 - VI • i! / / /• II ! I g ., , _.<7- -_{ . i 1 _ •�.'^ /• / , 1 ,i i_.• - " /. -11; 1 • swam 1 •—, — — _ : °°°' , /;��/..4 ,;/;/,,•r::�j,;,, @ / ^- I0267:1(4• / /7/( 1' ' / -' ` :TSO•Fi(YYENfI; 1 - :'�'��.. . 'LN[8 1 / 1 • / 1 ' ,f'+a / -f j vim _ _ _ / i.i / . �\ 1 , I f ` • / I II I AGREEMENT Required By: Construction Materials Rules and Regulations of the Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Subject/Purpose: Agreement between the undersigned Structure Owner and the Applicant, as required by the Colorado Division of Minerals and Geology for all applicants of 112 Reclamation Permits Site Location: Parts of the NW 1/.and NE'/.,Section 6,Township 2 North, Range 67 West,Weld County, Colorado Applicant: L. G. Everist, Inc. 7321 East 88th Avenue, Suite 200 Henderson, Colorado 80640 Structure Owner: Duke Energy Field Services, LP 1324 North 7th Avenue Greeley, CO 80631 Structure: Oil and Gas Pipelines The Colorado Division of Minerals and Geology requires all applicants of 112 Reclamation Permits to provide notarized agreements between the applicant and the owner(s) of any significant, valuable, or permanent man-made structure located within 200 feet of the affected property. The agreement shall state that the applicant shall provide compensation for any damage done to the structure through the mining operation. If an agreement cannot be reached, the applicant shall provide an engineering evaluation that demonstrates that such structure shall not be damaged by the mining operation. The Applicant identified above is applying for a 112 Reclamation Permit from the Colorado Division of Minerals and Geology, for the purposes of mining the sand and gravel reserves and then reclaiming the affected land, identified above as the Site Location. The Structure Owner identified above owns a significant, valuable, or permanent man-made structure, identified above as the Structure, which is located within 200 feet of the affected land, identified above as the Site Location. As required and preferred by the Colorado Division of Minerals and Geology, the Applicant hereby assures the Structure Owner and agrees that should the mining or reclamation operation at the Site Location identified above adversely affect the Structure identified above, the Applicant will repair any damage to the Structure or will provide compensation to the Structure Owner for said damage to the Structure. The notarized signatures of the Structure Owner Representative and the Applicant Representative confirm the Agreement between the parties and the repair/compensation obligation of the Applicant as stated above. RECD to( 23 TV LM/LOH-200ft-dukeeneryy-031601 -via Certified Mail#7000 0520 0019 0618 8098 AGREED: By the Applicant: L. G. EVERIST, INC. th/oiir Signature of Representative or L.G�c. Date ,fEe ) r �� R r Name and Title (please print) State of Colorado )ss County of _AMU ) The foregoing instrument was acknowledged before me on this PI day of lI f,(hCh , 2001, by the signatory Representative above. Witness my hand and official seal, Notary Public: �` �JU lam- ei Ylk.t.t/Vl1L My Co ..ion piir s.-le. KIM I S H.CONVERSE 1 1 By the Structure Owner: 19 ''•.., „°kV( ".(OF co'.°= Duke Energy Field Services, LP My Comm.Expires Jim.1,2002 5:-2/—01 ature of Represen ' or Structure Owner Date wiz/ r 2ec/( i/ jn,/✓cam Name and Title (please print) State of Colorado ss County of Wad ) The foregoing instrument was acknowledged before me on this2ht day of /I/i y , 2001, by the signatory Representative above. Witness my hand and official seal, Notary Public My Commission expires: VW^2OO2 LMtLOH-200ft-dukeenergy-031601 -via Certified Mail fi 7000 0520 0019 0618 8098 07/13/2001 08:25 13038576709 MERITFTLUPT0N PAGE 02/02 � �' MERIT ENERGY COMPANY VIA FACSIMILE L. G. Everist, Inc. 7321 E. 88th Avenue, Suite 200 Henderson, Colorado 80640 ATTN: Lynn E. Mayer . Ladies and Gentlemen: The purpose of this letter is to advise you that Merit Energy will cooperate with L. G. Everist in its permitting process for the Lohman Sand and Gravel Mine covering a portion of the N/2 of Section 6, T2N, R67N, Weld County, Colorado. As you know, Merit owns two oil and gas wells and one additional planned wellsite location in the area covered by your planned application. We have also reviewed your letter dated June 20, 2001 and appreciate Everist's efforts at coordinating its operations with Merit's. Merit is willing to relocate its gathering lines for the two existing wells along the lines outlined in the letter and is more than willing to enter into a binding, detailed agreement with Everist to coordinate the operations of the two companies in the area covered by your permit. r On the second page of your letter, you propose to draft a working agreement to include the details of the mining limits and the gathering line relocation that we tentatively agreed to in the field at the June 18, 2001 meeting. Merit will agree to sign the Agreement you sent with your letter once it receives the draft agreement you refer to in your letter, assuming it accurately reflects the agreement reached in the field. Merit is willing to sign the Agreement before a final agreement is reached between Merit and Everist, but we want to see a draft to make sure the companies are in agreement on their respective operations. Please send me the draft as soon as possible and Merit will sign the Agreement you requested after a review of the draft. Please call me if you have any questions. Very Truly Yours Merit Energy Company &ger ' Operations Manager 1313 N. Denver Avenue. Building #3 • Ft. Lupton. CO 80621 • Phone: 303.857.6766 • Fax: 303.857.6789 ,...- ("lit 4404-C.N. MEMORANDUM TO: Chris Gathman,Planner I DATE: July 6,2001 II I ' FROM: Drew Scheltinga,Engineering SupervisorDa Jnty Planning Dept. DC SUBJECT: USR-1326,Lohmann/French Sand&Gravel Pit ..:11__ 0 9 2001 COLORADO RECEIVED The Weld County Public Works Department has reviewed the Traffic Study for this Special Use Permit. Comments made during this phase of the USR process may not be all-inclusive,as other concerns or issues may arise during the remaining application processes. COMMENTS: This study refers to another study completed by LSC addressing the anticipated trips at the I-25/SH 66 interchange. The original I-25 Commercial Center study states that in 2020,SH 66 will have 41,400 vehicles per day with a capacity of 35,000 vehicles per day. This study states that SH 66 will have 11,430 vehicles per day in 2015 with a capacity of 12,000. That would imply quite a large growth rate between 2015 and 2020. Please provide more information on the assumptions made to determine the capacity of the surrounding roadways. If the hourly distribution data was provided by ticket information, it would estimate exiting vehicles only. It would therefore be incorrect to divide the exiting trips in half and assign them to entering vehicles. It is important to designate the approved haul routes in the traffic study. Over 5 miles of County roadways are indicated as a haul route. The pit operator should be aware that the USR permit will require a maintenance agreement for the entire haul route. A portion of this haul route is within the town limits of Firestone, which will require a separate agreement. The bridge north of WCR 26 on WCR 13 is scheduled for replacement in 2002-2003. Please show how this affects the haul route. The intersection of WCR 13 and SH 66 will require a signal before 2015. It would be appropriate for this development to pay a proportional share of the cost of that signal. The Public Works Department requests clarifications on the issues identified above. Questions regarding the traffic issues should be directed to Diane Houghtaling. P.C. USR-1326,Donald Carroll Lynn Mayer,L.G. Everist,Inc Alex Ariniello,LSC M:AWPFILESVdianeADEVELOPMEN \usr-1326.wpd EXHIBIT F a Lis12113=2.10 L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 PHONE 605-334-5000 ei"1 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303487-9606 June 19, 2001 FAX 303-289-1348 Weld County Planning Dept. Sheri Lockman J'J(l 9 5 Z'C0\ Weld County Planning Department 1555 North 17`"Avenue RECEIVED Greeley, CO 80631 RE: LOHMANN SAND AND GRAVEL MINE, USR-1326 Referral from Colorado Division of Wildlife, dated June 7, 2001 Dear Sheri: Mike Sherman, Mike Babler, and I met at the Lohmann property on June 7, 2001, for their assessment of the site. We toured the two properties and spoke with both landowners. On June 12, 2001, I spoke with Mike Sherman of the Fort Collins area DOW office to gather more information about prairie dogs, and what options (if any) there are for relocation, as is recommended in the above-noted referral to Weld County. We discussed all our options, including elimination, relocation, and non-disturbance. He informed me that prairie dogs are not protected on private lands, and it is legal for landowners to poison or shoot them. We talked about the relocation option, to see if they could be moved. He very nicely called around to see if any places in Weld County were accepting prairie dogs for relocation, but unfortunately came back with a negative answer. He also informed me that relocation is not allowed from county to county. (He mentioned that the DOW has tried to have prairie dogs accepted at Banner Lakes twice, but has been denied by Weld County.) As Mike Babler mentioned in his referral, L.G. Everist, Inc., has set the proposed mining limits far enough north of the seep ditch to preserve the small "pond" located next to the seep ditch on the Lohmann property. The few prairie dogs which are present in the permitted area of the Lohmann property are located just north of the seep ditch, and within the 25 foot setback which is in our mining plan. Therefore, they are presently in a buffer zone and may be able to continue living there without being relocated or eliminated. Consequently, the small prairie dog town should be considered a non-issue due to the Division of Wildlife finding no conflicts with their interests (as is marked on their referral), the lack of relocation possibility, and because the small prairie dog town is within the mining setback area. If you have any questions, please feel free to call me at 303-287-4656, extension 18. Sincer I , • n E. M er Regulat Manager r cc: R. A. Everist r. EXHIBIT Dennis Fields Ted Lohmann use2 4/3ap LM/LOH-wildlifeinfo-welds)-061907 -via Certified Mail#7000 0520 0019 0618 8463 Jun O7 O1 O7: 22p Division of Wildlife 3O3-776-6663 p. 1 /3• jilt( ii;te."‘„,ss, WeldCounty Referral 111 D March 20, 2001 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Lohmann/French Case Number USR-1326 I Please Reply By April 11, 2001 Planner Sheri Lockman Project Site Specific Development Plan and Special Use Permit for Open Cut Gravel Mining along with a Concrete Batch Plant in the A(Agricultural)Zone District. Legal Part of the NW4 and NW4NE4 of Section 6, Township 2 North, Range 67 West of the 6th P.M.,Weld County, Colorado. Location South of and adjacent to WCR 26 and 1/4 mile east of WCR 13. Parcel Number 1311 06 000024 and 1311 06 000060 1 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing(if applicable) May 1,2001 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan - ,Ei:( We have reviewed the request and find no conflicts with our interests. 0 See attached letter. Comments: Gi/4O 7' S .P.PdscoPd'l9•t) or" 9,n/ L ,Co t 4Q ("FL) 7-Ar- .S//r- 6ttk7 st9r//r1CLr /=Of 0/t. ear eddy e-iaGi.a': A "2il°74//x% /Jo6 fatal (O1/4-1-4) at/ sib J.tittiL0 a /doves,&-Td.77. Signature //99 � � 7// Date v7 knitet./er d/ Agency COLO. i2/V Vi= f 99 -2:9 'Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO. 80631 9(970)353-6100 exL3540 4(970)304-6498 fax p‘ t . 6MEMORANDUM tol,;(:\ TO: Chris Gathman, Planner I Date: September 17, 2001 I FROM: Donald Carroll, Engineering Administrator 4 CSUBJECT: USR-1326, Lohmann-French Sand and Gravel COLORADO The Weld County Public Works Department and L.G. Everist has completed finalizing the Long-Term Road Maintenance Agreement. The finalized copy has been sent to Lynn Mayer at L.G. Everist for appropriate signatures prior to scheduling with the Board Of County Commissioner's hearing. Once the document is executed and returned to Weld County Public Works, we will schedule it for an agenda item. Diane Houghtaling, our traffic engineer, had requested that Lynn Mayer provide written documentation that the city of Firestone had been contacted regarding the proposed gravel pit operation, and had the opportunity to comment on any impact that may be associated with the Use by Special Review permit. pc: USR-1326 Weld Ccunty planning Dept. M:\wpfiles\dan-c\plan4usr.wpd pip RECEIVED EXHIBIT t-LS2 U13a(c, 09/19/01 12:51 t`303 289 1348 LG EVERIST Z001 MOUNTAIN DIVISION EVERI T� INC. 7321 E. 88'"AVENUE SUITE 200 Andes #e HENDERS0N, CO 80640 ROCK COMPANY phone 303-287.4656 fax 303-289-1348 FACSIMILE COVER SHEET DATE: September 19, 2001 COVER + 1 page TO: Diane Houghtaling CC: Dennis Fields Weld County Public Works LGE/ARC TO: Donald Carroll CC: Chris Gathman Weld County Public Works Weld County Planning FAX: 970-304-6498 FAX NO: 970-304-6497 FROM: Lynn Mayer RE: LOHMANN SAND AND GRAVEL, USR-1326 • • URGENT ❑ PLEASE REVIEW ❑ PLEASE REPLY Dear Diane, As per your request, we contacted the Town of Firestone a second time to get written confirmation on any requirements that the Town might require of us regarding traffic related to activities at the Lehmann site, Attached is a letter from the Town of Firestone which simply states that they require nothing of us at this time. We believe this is the last element you needed to be able to approve our Traffic Study. Could you please send approval to Planning as soon as possible? Public Works' approval is the last item we needed to get to Planning so that they can schedule us for the BOCC hearing. Thank you. Lyn a - R _ ory Manager LM/LO H-traff c-fi restoneltr-welddn-091901 09/19/01 12:51 '$303 289 1348 LG EVERIST � Z002 • r' 1 „ w4r.-.,r Firestone A Community ° r. •. In Motion a0 NJ KM y v 4�O 4°O September 14, 2001 rt `A F Lynn Mayer L.G. Everest, Inc. 7321 E.•88th Avenue, Suite 200 •- _.. Henderson, CO 80640 RE: Lohmann Sand and Gravel Operation Dear Ms. Meyer This letter is to confirm that the Town of Firestone does not, at this time, have any regulations that would require any special road use permits for the activities that will be carried on at the Lohman Sand and Gravel plant. We do understand that truck will be using both WCR 13 and WCR 24, which are in the Town's jurisdiction, however we do not have any such requirements in place currently. Please contact me if you have further questions. Sincerely, Trudy Peterson Town Administrator Town of Firestone CC31ti 151 ()rant Ave. • P.O. kox I00 • FIreatone, CO 805211 (303) '533-3291 • fax (3113) 833-4)463 09/19/01 13:57 '$97022578 AYRES ASSOCIATES X001 To: Robert Anderson Weld County Planning atp�ISTFya You have my permission to m ange 65 West to Range 66 West on Recorded Exemption No 0 " z 4AE29 a t cLti WS' ' LS 23513 lifeoprrodci° L.G.L•G EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE. •SUITE 200 I P.O.BOX 5829 SIOUX FALLS,50 57117-5829 i. PHONE 605-334-5000 B. - FAX 805-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 • FAX 303-289-1348 lr'eIJ Corot, lzr.ning Dept. September 28, 2001 Don Carroll f Fl ' ' '' Weld County Public Works Department P.O. Box 758 Greeley, CO 80632 RE: Road Maintenance and Improvements Agreement Location: Lohmann Sand and Gravel Operation, USR-1326 Operator: L. G. Everist, Inc. Dear Mr. Carroll: Enclosed please find the Road Maintenance and Improvements Agreement for the Lohmann Sand and Gravel Mine. The Agreement has been signed and notarized. Please return a completed copy to us when the Commissioner signs it. Thank you. If you have any questions, or changes, please feel free to contact me at 303-287-4656, extension 18. deSin , Lynn May Regulato Manager cc: R. A. Everist Dennis Fields Weld County Planning Department (ti Ov1J^/" LSC Transportation Consultants, Inc. LM/LOH-roadagr-welddc-092801 -via Certified Mail#7000 0520 0019 0618 8753 Yee:d CCJm", Plur, ;,og D3pt. News and Information front the Colorado „ I l t Divlrbn of Minerals and Geology and the • Colorado Mined land Redamadon B -rd DMG Bulleti � fii6er 1, 2001 MINED LAND RECLAMATION BOARD MEETING IN CANON CITY The Colorado Mined Land Reclamation Board will hold its monthly Board Meeting in Canon City, Colorado on October 17 and 18 at the Canon Inn, 3075 E. Hwy. 50. The Board will hold public hearings on mining operations in Colorado and will also tour mine operations in the Fremont County area. This is an excellent opportunity for local officials and interested citizens in surrounding communities, to learn more about the functions of the Colorado Division of Minerals and Geology and the Board. If you have questions on specific agenda items, contact the Division of Minerals and Geology at (303) 866-3567. DMG Records Management Project DMG will begin a year long document-imaging project starting this Fall. Soon, DMG mine files will be accessed electronically through desktop computers in our offices. The value in having information in an electronic format • provides document security ; • allows time-efficient maintenance of and access to mine information by division staff at their personal computer; and • provides easy and immediate access of mine information to citizens and operators through office computer terminal centers. Files will not be available for public review while they are being scanned. If at all possible please contact the Front Desk(303-866-3567) in advance of your visit to DMG to ensure that the files you wish to review are available. During the scanning process, it may take up to 3 or 4 working days before a file can be accessed electronically (in some cases). Thank you for your patience and cooperation. We hope that providing electronic file review will enhance our customer service activities. Board Approves Changes to Rules Changes have occurred in the Minerals Program's Construction Materials and Hardrock Rules. Contact: bruce.humphries@state.co.us or www.mining.state.co.us Nominations Due for Aggregate Reclamation Awards—October 5. 2001 Contact: Loretta E. Pineda, DMG, (303-866-3819) loretta.pineda@state.co.us DMG, 1313 Sherman Street,Room 215,Denver,CO,80203,(303)866-3567 FAX(303)832-8106 4 EXHIBIT I'j3ato 441 LA MM rr'' ki TENTATIVE AGENDA MINED LAND RECLAMATION BOARD MEETING MINED LAND RECLAMATION BOARD/STATE OF COLORADO, Public Notice in conformance with the Sunshine Administrative Procedures Act, C.R.S. 1973. The Mined Land Reclamation Board will hold its monthly meeting on Wednesday and Thursday, October 17-18, 2001 meeting in Calton City, Colorado at the Calton Inn, 3075 E. Hwy. 50 (719.275.8676). The Board will hold a Planning Meeting from 9:00 a.m. to 12:00 p.m. on Wednesday, October 17; the regular monthly Board meeting will begin at 1:30 p.m. on Wednesday, October 17. On Thursday, October 18, the Board will tour mining sites in the area Due to the statutory deadlines and other responsibilities and requirements, the following Mined Land Reclamation Board Meeting AGENDA IS TENTATIVE AND WILL BE REVISED. If you have any questions on specific Agenda Items, please contact the Division at(303) 866-3567. In accordance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these Meetings may call Glenda Williams at (303) 866-3929, giving her at least five (5)working days' notice. 1. CHANGE OF CHAIR— October 2001 to April 2002 Ira Paulin-Chair Catherine Kraeger-Rovey— Vice-Chair 2. Approval of Summary of September 2001 Minutes 3. Continuances and Withdrawals 4. EDO, Director and AGO Reports 5. Formal Public Hearing SURBURBAN SAND & GRAVEL CO. File No. M-1979-195 5560 Wadsworth Avenue Arvada, CO 80002 Adams County, Sec. 3, T2S, R67W, 6th P.M., 175.8 acres, 112c surface sand and gravel; Road Runners Rest II. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to minimize disturbances to the prevailing hydrologic balance of the affected land, the surrounding area and to the quantity and quality of water in surface and groundwater systems both during and after the mining operation and reclamation. (Tom Schreiner) MLRB Tentative Agenda—September 18. 1001 Page 2 6. Formal Public Hearing MOBILE PREMIX CONCRETE, INC. ...File No. M-1978-052 1590 W. 12th Avenue Denver, CO 80204-4310 Adams County, Sec. 4, T2S, R67W, 6th P.M., 389.24 acres, 112c surface sand and gravel; Howe Pit site. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to perform the reclamation prescribed by the reclamation plan. (Tom Schreiner) 7. Formal Public Hearing MOBILE PREMIX CONCRETE, INC. ...File No. M-1978-052 1590 W. 12's Avenue Denver, CO 80204-3410 Adams County, Sec. 4, T2S, R67W, 66 P.M., 389.24 acres, 112c surface sand and gravel; Howe Pit site. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to protect areas outside the affected land from slides and other damage and failure to minimize disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity and quality of water in surface and groundwater systems both during and after the mining operation and reclamation. (Tom Schreiner) 8. Formal Public Hearing FORT LYON CANAL COMPANY ...File No. M-2001-097 750 Bent Avenue Las Animas, CO 81054 Bent County, Sec. 3, T22S, R48W, 6th P.M., 8-11 acres, surface sand and gravel; Fort Lyon Canal Company Pit site. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to obtain a reclamation permit prior to engaging in a new mining operation, pursuant to CRS 34-32.5-109(1). (Larry Oehler) 9. Formal Public Hearing CASTLE CONCRETE COMPANY ...File No. M-1988-023 P. O. Box 2379 Colorado Springs, CO 80901 Fremont County, Sec. 13, Tl9S, R69W, 6th P.M., 67.9 acres, 112c surface sand and gravel; Great Blue Heron Pit site. Consideration of an appeal of the Division's decision to deny a request for release from reclamation responsibility (Rule 4, Sec. 4.18). (Larry Oehler) 10. Formal Public Hearing OMEGA MINING& MANUFACTURING, INC. File No. M-1984-102 Mr. Dennis Martinez 2565 South Irving Street Denver, CO 80219 -� Gilpin County, Secs. 23 and 26, T2S, R73W, 6a'P.M., 9.9 acres, 110 gold; Fool's Luck Placer. Consideration of the operator's request for an exemption from the requirement to pay the annual fee. (Carl Mount) MLRS Tentative Agenda—September 18.1001 Page 3 11. Formal Public Hearing J& M SCHMAHL ...File No. M-1984-001 2301 River Road Grand Junction, CO 81505 Mesa County, SE A Sec. 9 and SW ''A Sec. 16, T100W, 6th P.M., 28 acres, 112c quarry-type extraction of igneous and metamorphic dimension stone; Surface Rock Pit site. Consideration of an request for an administrative appeal of the Division's decision to deny Technical Revision No. 1, addressing final configuration of the highwall and excess materials stockpiled on site. (Wally Erickson) 12. Discussion Item POWDERHORN COAL COMPANY ... File Na C-1981-041 P. O. Box 1430 Palisade, CO 81526 Mesa County, Sec. 34, T10S, R98W, 6th P.M., 10,114 permitted acres, underground coal; Roadside Portals site. Presentation of the Division's general status report. (David Berry) 13. Formal Public Hearing INACTIVE MINE PROGAM Discussion and consideration of the approval of the Inactive Mine Program's annual grant application to the Office of Surface Mining. (Dave Bucknam) M:bss\gaw\mlrbbcto lien The Following 15 Pages Are For Your Information These Items Will Not Be Heard By the Board M-- 9/27/01 Agenda Re. )rt PaS- • 1 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date A. COAL PERMIT APPLICATIONS RECEIVED Application Received Date B. COAL EXPLORATION APPLICATIONS RECEIVED Application Received Date C. COAL PERMITS ISSUED Permit Issue Date D. COAL EXPLORATION PERMITS ISSUED Permit Issue Date E. COAL REVISIONS SUBMITTED Submittal Date C1980006 TR-21 Marr Mine Kerr Coal Company Jackson 26 9N 78 W COA 9/24/01 C1980007 TR-94 West Elk Mine Mountain Coal Company,LLC Gunnison 16 13590W COA 9/14/01 C1980007 MR-283 PA West Elk Mine Mountain Coal Company,LLC Gunnison 16 13 S 90 W COA 9/4/01 C1981022 SO-5 Sanborn Creek Mine Oxbow Mining,Inc. Delta 713590W COA 9/19/01 9/27/01 Agenda Report Page: 2 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date C1981038 TR-39 Bowie Mine No. I Bowie Resources Limited Delta 12 13 S 92 W COA 9/4/01 C1981041 MR-52 Roadside Portals Powderhorn Coal Company Mesa 35 10 S 98 W COA 9/10/01 CI982056 MR-173 Foidel Creek Mine Twentymile Coal Company Routt 05N86W N 86 W COA 9/24/01 C1984065 MR-17 AP Coal Ridge No. 1 Mine NCIG Financial,Inc. Garfield 6 6 S 90 W COA 9/4/01 C1992080 MR-5 AP Carbon Junction Mine Oakridge Energy Inc La Plata 33 34.5 N 9W COA 9/6/01 C1992081 CS-2 AP Hayden Gulch Loadout Hayden Gulch Terminal,Inc. Routt 14 6 S 88 W COA 9/14/01 C 1996083 TR-22 Bowie No.2 Mine Bowie Resources Limited Delta 10 13 S 91 W COA 9/17/01 C1996083 RN-1 Bowie No. 2 Mine Bowie Resources Limited Delta 10 13 S 91 W COA 9/24/01 } 9/27/01 ) Agenda Rt., )rt Pas) 3 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date C1996084 TR-6 AP Lorencito Canyon Mine Lorencito Coal Company,LLC Las Animas 33 33 N 66 W COA 9/11/01 E COAL EXPLORATION REVISIONS SUBMITTED Submittal Date G. COAL REVISION DECISIONS Decision Date C1980006 TR-20 AC Marr Mine Kerr Coal Company Jackson 26 9N 78 W COA 9/4/01 C1980007 MR-277 AP West Elk Mine Mountain Coal Company,LLC Gunnison 16 13 S 90 W COA 9/11/01 CI980007 MR-283 PA West Elk Mine Mountain Coal Company,LLC Gunnison 16 13 S 90 W COA 9/12/01 C1981008 TR-45 AP New Horizon Mine Western Fuels-Colorado Montrose 25 47 N 16 W COA 9/17/01 C1981018 MR-123 AP Deserado Mine Blue Mountain Energy,Inc Rio Blanco 3 2 N 10 W COA 9/4/01 9/27/01 Agenda Report Page: 4 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date C1981038 TR-38 AP Bowie Mine No. 1 Bowie Resources Limited Delta 12 13 S 92 W COA 9/24/01 C1981041 TR-36 AP Roadside Portals Powderhom Coal Company Mesa 35 10 S 98 W COA 9/4/01 C1981041 TR-37 AP Roadside Portals Powderhorn Coal Company Mesa 35 10 S 98 W COA 9/4/01 C1981041 MR-51 AP Roadside Portals Powderhorn Coal Company Mesa 35 10 S 98 W COA 9/4/01 C1982056 TR-38 AP Foidel Creek Mine Twentymile Coal Company Routt 0 5 N 86 W COA 9/4/01 C1984065 MR-17 AP Coal Ridge No. 1 Mine NCIG Financial, Inc. Garfield 6 6 S 90 W COA 9/14/01 C1992080 MR-4 AC Carbon Junction Mine Oakridge Energy Inc La Plata 33 34.5 N9 W COA 9/17/01 C 1992080 MR-5 AP Carbon Junction Mine Oakridge Energy Inc La Plata 33 34.5 N 9W COA 9/21/01 ) . 9/27/01 ) Agenda Rt.. )rt Pag ) 5 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date C1996083 PR-5 AC Bowie No. 2 Mine Bowie Resources Limited Delta 10 13 S 91 W COA 9/26/01 C1996083 MR-I8 WD Bowie No. 2 Mine Bowie Resources Limited Delta 10 13 S 91 W COA 9/13/01 C1996084 PR-1 AP Lorencito Canyon Mine Lorencito Coal Company,LLC Las Animas 33 33 N 66 W COA 9/19/01 C1996084 TR-6 AP Lorencito Canyon Mine Lorencito Coal Company,LLC Las Animas 3333 N66 W COA 9/13/01 II. COAL EXPLORATION REVISION DECISIONS _ Decision Date L MINERAL PERMIT APPLICATIONS RECEIVED Application Received Date M2001092 North Gelvin Pit Yuma County Yuma 81N42W N 42 W GRAV,BOR 9/5/01 M2001094 Shaw Pit Western Mobile,Inc. Weld 20 2 N 68 W SDG 9/7/01 9/27/01 Agenda Report Page: 6 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M2001095 Collins Gulch Pit Exxon-Mobil Corporation Rio Blanco 82596W GRAV 9/7/01 M2001096 Lopez Site Richard Lopez Las Animas 3433 $66 W 9/4/01 M2001098 Browns Pit Custom Gravel Products Inc. Fremont 2119569W GRAV 9/17/01 M2001099 Withers Borrow Area Envirocon,Inc. Rio Blanco 22 2 S 10 W BOR 9/17/01 M2001100 BLM Pit No. 1 United Companies of Mesa County,Inc. Mesa 35 1 S 1 E SDG 9/20/01 J. MINERAL PERMITS ISSUED Permit Issue Date M2000110 North Farm Road Gravel Pit Mario Bassi and Josephine Bassi Rio Grande 20 39 N 8 E SDG,BOR 9/17/01 M2001002 Weimer One Gravel West End Gravel Company,Inc. Montrose 18 46 N 15 W SDG 9/12/01 9/27/01 ) Agenda Re, )rt Pal, 7 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M2001017 Lohman Sand and Gravel Mine L.G. Everist,Inc. Weld 6 2 N 67 W SDG 9/19/01 M2001035 Trout Creek Pit ACA Products,Inc. Chaffee 27 14 S 78 W BOR 9/19/01 M2001058 Robb Mine Ritcheys Redi-Mix, Inc. Yuma 322 N44 W SDG 9/7/01 M2001068 Bottomless Pit Tantrock Gravel Las Animas 30 32 S 62 W GRAV,SAND 9/17/01 K. MINERAL REVISIONS SUBMITTED Submittal Date M1977201 SL-1 Homestake No 1&2 Colorado Quarries,Inc. Chaffee 34 51 N 9 E AGGR 9/17/01 M1977210 TR-2 Snyder Quarry Castle Concrete Company El Paso 32 13 S 67 W LST 9/25/01 M1977227 SO-1 AP Mesita Hill Pit MWCA, Inc. Costilla 26 2 N 74 W VOL 9/17/01 ■ 9/27/01 Agenda Report Page: 8 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1977251 AR-1 Lariat Pit Robinson Brick Company Jefferson 22 6S 69 W CLY 9/26/01 M1977342 TR-11 Henderson Mine Climax Molybdenum Company Clear Creek 222 S77 W MO 9/4/01 M1977479 CN-1 Walsh Pit No. 2 Baca County Baca 30 30 S 43 W SDG 9/10/01 M1977490 AM-1 Gravel Pit No 13 Baca County Baca 3328548W SDG 9/18/01 M1978127HR SR-1 Martinez Pit Fairfield Pagosa,Inc. Archuleta 31 36 N 2 W SST 9/17/01 M1980183 TR-2 Pit 29 Brannan Sand&Gravel Company Adams 35 1 S 67 W SDG 9/14/01 M1981079 SL-2 AP Trout Creek Sand Pit Avery Structures,Inc. Chaffee 27 14 S 78 W SAND 9/19/01 M1982166 SL-2 Pit No. 3 Posco, Inc. Arapahoe 125 $65 W SDG 9/7/01 9/27/01 ) Agenda Rt., )rt Pat, .) ' 9 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1985129 AM-1 Elbert County Pit Elbert County Elbert 27 9S 64 W SDG,STN 9/12/01 M1986010 CN-1 Cottonwood Pit Fremont County Fremont 36 16 S 73 W SDG 9/14/01 M1988023 SL-1 DN Great Blue Heron Pit Castle Concrete Company Fremont 13 19 S 69 W GRAV 9/10/01 M1991041 SL-2 Erin Pit Oglebay Norton Industrial Sands,Inc. El Paso 1612566W SAND 9/10/01 M1992082 AD-1 AP Dosier Site High Country Trucking Park 07 S 72 W BOR 9/24/01 M1992083 AD-1 AP Deer Creek Road Site High Country Trucking Park 256 S 73 W SDG 9/24/01 MI992089 AD-1 AP Woodward High Country Trucking Park 07 S 72 W BOR 9/24/01 M1993044 AD-1 AP Alice M Load Jerry Fralee Teller 6 15 S 69 W SDG 9/11/01 9/27/01 Agenda Report Page: 10 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1994063 AD-1 AP NA Snare Construction Teller SDG 9/11/01 L. MINERAL REVISION DECISIONS Decision Date M1974041 SR-1 AP Lawrence Pit Lawrence Construction Company Douglas 29 6 S 68 W SDG 9/24/01 M1977184 SO-I AP Timberline Pit City of Fort Collins Larimer 177 N68 W SDG 9/5/01 M1977208 SO-2 AP Lyons Quarry CEMEX, Inc. Boulder 28 3 N 70 W LST 9/17/01 M1977227 SO-1 AP Mesita Hill Pit MWCA, Inc. Costilla 26 2N 74 W VOL 9/24/01 M1977289 SL-1 AP Long Park Mine Area Umetco Minerals Corporation Montrose 2147 N 17 W U,V 9/5/01 M1977291 SL-1 AP Eula Belle Umetco Minerals Corporation Montrose 33 49 N 17 W U,V 9/5/01 ) ) ) 9/27/01 ) Agenda Rt, )rt Pat, ) ' 11 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1977296 AR-2 AP King Solomon-Delores Bench Umetco Minerals Corporation Montrose 24 48 N 18 W U,V 9/6/01 M1977300 TR-7 AP Schwartzwalder Cotter Corporation Jefferson 252 S 71 W U 9/21/01 M1977341 SO-3 AP Larimer County Quarry CEMEX,Inc. Larimer 35 4 N 70 W LST 9/17/01 M1977361 SO-2 AP Silica Quarry CEMEX,Inc. Boulder 20 3 N 70 W SST 9/17/01 M1977463 SL-1 DN Pit No 2 Chaffee County Chaffee 32 50 N 8E SDG 9/12/01 M1977485 CN-1 AP Gravel Pit No 8 Baca County Baca 8 34 S 48 W SDG 9/24/01 M1977544 TR-1 AP Wayne-Duncan Pit Logan County Logan 2 8 N 53 W SDG 9/24/01 M1978075 SL-1 AP L H Phillips Pit Lincoln County Lincoln 199552W SDG 9/19/01 9/27/01 Agenda Report Page: 12 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1978080 SL-1 DN Elmer Stone Gravel Pit Lincoln County Lincoln 15 15 S 56 W SDG 9/21/01 M1981079 SL-2 AP Trout Creek Sand Pit Avery Structures,Inc. Chaffee 27 14 S 78 W SAND 9/21/01 M1983194 TR-17 AP Nahcolite Project White River Nahcolite Minerals Rio Blanco 27 1 S 98 W CAR 9/5/01 M1984181 SL-1 DN Forristal Pit Lincoln County Lincoln 3 13 S 54 W SDG 9/21/01 M1987009 AR-1 AP Jones Pit East Prowers County Prowers 30 22 S 43 W SDG 9/6/01 M1987122 SL-1 AP Smith Ranch Pit Lincoln County Lincoln 25 16 S 58 W GRAV 9/21/01 M1988023 SL-1 DN Great Blue Heron Pit Castle Concrete Company Fremont 13 19 S 69 W GRAV 9/26/01 M1989080 SL-1 DN Forristal Pit No 3 Lincoln County Lincoln 26 10 S 56 W GRAY 9/21/01 ) 9/27/01 ) Agenda RE, )rt Pak,_.1 ` 13 ` For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1990095 AR-1 AP State Land Board Pit Rio Blanco County Rio Blanco 3 1 N 10 W SDG 9/5/01 M1991140 AM-1 AP Tucson Resource Mine Aggregate Industries-WCR,Inc. Adams 1 1 S 67 W SDG,BOR 9/20/01 M1992082 AD-1 AP Dosier Site High Country Trucking Park 07 S 72 W BOR 9/20/01 M1992083 AD-I AP Deer Creek Road Site High Country Trucking Park 256 S 73 W SDG 9/20/01 M1992089 AD-1 AP Woodward High Country Trucking Park 07 S72 W BOR 9/20/01 M1992104 AD-I AP Briargate Pit Hourglass,Inc El Paso 33 12 S 66 W SDG 9/27/01 M1993041 SO-1 AP Dowe Flats Mine CEMEX,Inc. Boulder 9 3 N 70 W LST,SHL 9/17/01 M1993044 AD-1 AP Alice M Load Jerry Fralee Teller 6 15 S 69 W SDG 9/11/01 9/27/01 Agenda Report Page: 14 For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1993055 AD-I AP NA NA Teller 23 12 S 71 W PEA 9/11/01 M1993056 AD-1 AP NA NA Teller 26 12 S 71 W PEA 9/11/01 M1993057 AD-1 AP NA NA Teller 715569W PEA 9/11/01 M1994020 SL-1 DN Hwy Dept Gravel Pit Pathfinder Development,Inc. San Miguel 32 42 N 9W GRAV 9/12/01 M1994061 AD-1 AP NA NA Teller 10 13 S 70 W PEA 9/11/01 MI994062 AD-1 AP NA NA Teller 17 12 S 70 W PEA 9/11/01 M1994063 AD-1 AP NA Snare Construction Teller SDG 9/11/01 M1996064 TR-1 AP Stevens Clay Lease The Denver Brick Company Douglas 87566W CLY 9/21/01 ) ` 9/27/01 ) Agenda Re, )rt Pat, ) ' 15 ` For the period 09/01/2001 thru 09/30/2001 File Number Site Name Permittee Name County Section,Township,Range Commodities Mined Date M1997041 SL-2 AP A Friend Pit Mountain Constructors,Inc. Latimer 10 6 N 70 W BOR 9/5/01 M2001023 TR-1 AP Canulletti Milner Pit#2 Precision Excavating,Inc. Routt 15 6 N 86 W SDG 9/5/01 MEMORANDUM TO: Board of County Commissioners (. . r4 COLORADO FROM: Chris Gathman, Planner SUBJECT: recommended revision to USR-1326 resolution The Department of Planning Services is recommending that the following development standard be added and numbered as Development Standard #37: * In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. EXHIBIT SERVICE,l GA,N W OISIC,INTEGRITY,QUALITY MSC * 13:1(p Hello