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Home My WebLink About20012909.tiff APPLICATION FOR AMENDMENT WELD COUNTY USE BY SPECIAL REVIEW - No. 921 ASPHALT PAVING - PERRY PIT Prepared for: ASPHALT PAVING COMPANY 14802 West 44T" Avenue Golden, Colorado 80403 Prepared by: BANKS AND GESSO, LLC 720 Kipling Street, Suite 117 Lakewood, Colorado 80215 (303) 274-4277 July 2001 EXHIBIT 2001-2909 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley,Colorado 80631 Phone (970)353-6100, Ext. 3540 Fax (970)304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By: Planner Assigned to Case To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we),the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed sand and Gravel (gravel, coal, borrow pit,etc.)mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: NE 1/4 Sec 25, T 1 N, R 67 W and NW 1/4 Sec 30 T 1 N R66W PARCEL NUMBER: 146925100027, (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). 146925100029, 14692510030 2. Surface owner(s)of area of land described 14802 W. 44th Name: Asphalt Paving Co. Address:Ava oide en Phone:3.03,27gb611_ Name: Address:804ng Phone: 3. Owner(s)of mineral rights or substance to be mined Name: same as surface estate Address: Phone: Name: Address: Phone: 4. Source of applicant's legal right to enter and to mine on the land described: Warranty Deed of July 15, 1996-2501569 B-1557 P-91 (Include certified copy of any document(s)noted 5. Applicant's address: Asphalt Paving Company Phone: 303-279-6611 Address: 14802 W.44th Ave. Golden CO 80403 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: min -If 2 permit do M 90 098 and Weld-County USR Permit No. 021 (1/23/01) 7. Description of Operation A. Types and number of operating and processing equipment to be used Scraper(1) loader(9) Direr(1) portable crusher with conveyor system (1) drag lioec, ccreeoin0/washing plant(1), portable asphalt plant(1)to be movcd on and-off 3;tc a0 aro,k pamilta B. Maximum number of employees:)n , and number of shifts: 1 C. Number of stages to be worked: g ,and periods of time each is to be worked 3 7 ycoro 14 D. Thickness of mineral deposit: 25' -3n' feet, and thickness of the overburden: 4, E. This will be a wet/dry pit operation. F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery point(s)(must be coordinated with County Engineer) Site entrance on Weld County Road 6, approximately 0 75 miles west of State Hwy 85. Trucks cross bridge on WC Rd. 6 over the Snuth Platte River approximately 2000 feet east of the site 8. Description of reclamation A. Proposed reclamation land use(s): water storage and habitat mitigation B. Source of technical advise for reclamation: Colorado Mined Land Reclamation Board, Division of C. Explanation of Reclamation Process: See Exhibit E of DMG 112 Application Amendment, attached. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. • ign- ur, w ='Aut or ed Agent Rev: 1-27-97 15 CONTENTS Page 1.0 Introduction 1 2.0 Application Form 3 3.0 Drawings 4 Index Map Vicinity Map Soils, Wetlands, and Floodplain Map Extraction Plan Map Reclamation Plan Map 4.0 Supporting Documents 5 4.1 Colorado Division of Minerals and Geology Submittal 5 4.2 Proof of Water Supply 5 4.3 Noise Report 5 4.4 Soils Report 5 5.0 Operating and Design Standards 5 6.0 Reclamation Policies 6 7.0 Other Requirements 6 7.1 Detailed Description of the Method of Mining 6 7.2 Certified List of Property Owners Within 500 Feet 6 7.3 Certified List of Mineral Owners and Lessees 6 7.4 Statement of Consistency with Weld County Comprehensive Plan 6 7.5 Statement of Consistency with the Intent of the Zone District 7 7.6 Statement of Adequate Provisions to Protect Health, Safety, and Welfare 7 7.7 Statement of Compatibility with Existing Uses 7 7.8 Statement of Compatibility with Future Uses 8 7.9 Statement Concerning Flood Plain, Geologic Hazards, and the Airport Overlay District 8 7.10 Statement Concerning Use in Agricultural District 8 7.11 Legal Instrument Identifying Applicant's Interest 8 7.12 Special Use Questionnaire 9 7.13 Weld County Road Access Information Sheet 9 7.14 Traffic Information 9 Appendices: A DMG 112 Permit Application 10 B Deeds 11 C Special Use Questionnaire 12 D Road Access Information Sheet 13 E Affidavits of Ownership 14 F Agreement with Lupton Bottoms Ditch Company 15 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES - PLEASE TAKE THIS SLIP TO THE FRONT DESK -- DATE 4 • RECEIVED FROM AS PRO---4-J\ i'P O I nc9 CO, NO. TYPE FEES 4221 -RE/SE 4221 •ZPMII/MIIZPIZPAD 4221•USR ` (f-S/ I -Lcs 4221 •SITE PLAN REVIEW h 4221 -COZ 4221•P110 4221•SUBDIVISION 4221 •BOA 4221-MINOR SUB 4221 •FIIRPIGIIOP 4221 •REPLAT 6560-RECORDING FEE 4430•MAPS/PUBLICATIONS 4730-INVESTIGATION FEE 4430•POSTAGEIIIANDLING ON-CALL PLANNER -� [jg-c4© CASH t EC1c NO: TOTAL RECEIPT# �� Banks and Gesso, LLC 1.0 INTRODUCTION This application to amend Weld County Use by Special Review (USR) Permit No. 921 (Mining) has been prepared and submitted in accordance with the Weld County Zoning Ordinance. The Applicant, Asphalt Paving Company, is seeking this amendment to alter three aspects of the originally permitted Perry Pit operation. First, this amendment will expand the mining limits by approximately 10 acres to allow for the extraction of additional sand and gravel. The originally permitted area covers a 118-acre site located in unincorporated Weld County and allowed for mining on approximately 55 of those acres. The site is located immediately east of the unincorporated town of Wallenberg, on the south side of Weld County Road 6. The original permit, issued in January 1991, defined a mining limit that excluded land supporting the Lupton Bottoms Ditch. The Lupton Bottoms Ditch crosses the site in a south to north direction, with two channels controlled by the Lupton Bottoms Ditch Company converging on the property. This application proposes to mine the land area that currently defines and supports those ditches. Second, this amendment proposes a change in the method of mining at the Perry Pit. The site is presently being wet-mined. The Applicant would like to dry-mine the pit during preparation, construction and seal testing of the slurry wall in order to allow for more efficient extraction. The slurry wall will be constructed around the perimeter of the site to provide for a water storage basin, and to reduce impacts to the surrounding groundwater system and adjacent properties. Once the slurry wall has been constructed, the Applicant will resume wet-mining the pit, with occasional dewatering to allow for surveying and the establishment of final elevations for the bottom of the reservoir. Third, the configuration and use of the exposed subsurface area would be changed under the proposed amendment. Upon completion of the mining activity proposed herein, one large reservoir (generally configured as illustrated on the Reclamation Plan Map) would exist in place of the two ponds originally permitted. Under this scenario, the Lupton Bottoms Ditch would flow into this single reservoir at the south end of the site Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co.,Inc. 1 May,2001 Banks and Gesso, LLC and then continue in its historic channel north of the site. The property would be primarily used for water storage and limited wildlife habitat rather than the originally permitted ponds and agricultural lands. Areas outside the new mining limits will be reclaimed as originally permitted. Fourth, the amendment proposes to continue mining operations at the Perry site such that the extraction of gravel will occur in one phase, rather than the two phases originally permitted. The completion of the mining operation in one phase will allow the creation of a water storage pond that will provide a serviceable water reservoir and conveyance source for the Lupton Bottoms Ditch. Under the proposed amendment, the Applicant intends to mine approximately 10 additional acres, which is expected to yield up to approximately 433,000 to 580,000 cubic yards of aggregate material (650,000 to 870,000 tons). Mining will continue at a rate of approximately 150,000 ton per year, up to a peak production rate of 300,000 tons per year (as currently permitted). Expanded mining operations will likely add up to another four to six years to the life of the operation as currently permitted. The area to be reclaimed as a result of the proposed mining activity will be reclaimed as a lined water storage facility, suitable for use in the delivery of either agricultural or municipal supplies. Reclamation will occur as soon as possible upon completion of mining; the benefits of this water storage facility will, however, begin as soon as the slurry wall is completed, in approximately 5 years. The remainder of this application package discusses the proposal in detail and addresses all of the requirements of the Weld County Zoning Ordinance. Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co., Inc. 2 May,2001 Banks and Gesso, LLC 2.0 Application Form Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co., Inc. 3 May,2001 Banks and Gesso, LLC 3.0 Drawings The following drawings are included in this section of the application: • Index Map • Vicinity Map • Soils, Wetlands, and Floodplain Map • Extraction Plan Map • Reclamation Plan Map Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co.,Inc. 4 May,2001 Banks and Gesso, LLC 4.0 Supporting Documents 4.1 State of Colorado Division of Minerals and Geology 112 Reclamation Permit Application — Amendment to Permit No. M-90-098 A copy of this document, submitted concurrently to the Colorado Division of Minerals and Geology, is presented in Appendix A. 4.2 Proof of Adequate Water and Sewer Supply The Applicant owns one share of stock in the Brighton Ditch Company. This share represents the basis for an approved augmentation plan for on-site consumptive uses. The deed, which demonstrates ownership of this water right, is contained in Appendix B of this submittal package. Bottled water is and will continue to be used to provide a potable water supply on-site for two to three employees per day. Sewage disposal will remain as originally permitted. 4.3 Noise Report The desired permit amendment will not add to noise sources at the site. The Applicant will continue to meet the noise standards of C.R.S 25-12- 103. 4.4 Soils Report The site-specific soils information for the Perry Pit remains unchanged from the original permit. 5.0 Operating and Design Standards The expansion of the mining limits to include the areas proposed within this application does not conflict with existing operating and design standards as permitted in the original Weld County USR (Mining) Permit No. 921. Operations at the Perry Pit site will continue to operate as restricted by the standards currently permitted. Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co.,Inc. 5 May,2001 Banks and Gesso, LLC 6.0 Reclamation Policies The end use of the property upon completion of mining activities at the Perry Pit will be primarily for water storage. The changes proposed by this application involve reconfiguration of the water body, its containment by a slurry wall, and dedication of areas of the site to wetland enhancement and mitigation. In general, the revision of the reclamation plan for the Perry Pit will serve to enhance water availability and distribution in Weld County. Further details regarding Reclamation Plans are found on the included Reclamation Map and Exhibit E of Appendix A. 7.0 Other Requirements 7.1 Detailed Description of the Method of Mining Operation A detailed mining plan is included as Exhibit D in the Colorado Division of Minerals and Geology 112 Permit (Amendment) Application presented as Appendix A of this submittal package. 7.2 Certified List of Property Owners Within 500 Feet The Affidavit and List of Property Owners are included in Appendix E and on the Vicinity Map, respectively. 7.3 List of Mineral (i.e. Sand and Gravel) Owners and Lessees The Affidavit and List of Mineral Owners are included in Appendix E. 7.4 Consistency with the Weld County Comprehensive Plan The mining activity proposed herein continues to conform to the goals and policies established by the Weld County Comprehensive Plan for commercial mineral resources of the County. The sand and gravel deposit at the Perry site is of substantial commercial value, and the development of this site will ultimately provide needed water storage capacity in this area of Weld County. Consistent with the original USR approval and Weld County Comprehensive Plan, the Applicant's Perry Pit will continue to be developed in a reasonable and orderly manner while impacts to surrounding land uses, roads, and highways will be minimized Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co.,Inc. 6 May,2001 Banks and Gesso, LLC and appropriately mitigated. Hazardous conditions related to mining activities and the mining site will also be minimized. Timely reclamation of the mined site will be performed to allow beneficial re-use of the land (functioning as a water storage facility even during the course of mining). 7.5 Consistency with the Intent of the Zone District The Perry Pit operation continues to be located within the Weld County "A" (Agricultural) Zoning District. Mineral resource development is permitted as a Use by Special Review in the 'A' district. By expanding the previously permitted mineable area by ten acres and changing the end- use to water storage facilities, this amendment application has no additional impact other than prolonging the life of the mine through more efficient planning. The permitted sand and gravel mine continues to meet the intent of the Zone District and the requirements of the Use by Special Review as originally approved. 7.6 Statement of Adequate Provisions to Protect Health, Safety, and Welfare The amendments proposed herein will continue to provide adequate provisions to protect the health, safety, and welfare of surrounding landowners and County residents. The Applicant will continue to abide by all applicable regulations of the Colorado Department of Public Health and Environment, the Colorado Division of Minerals and Geology, the Colorado Division of Water Resources, and Weld County. 7.7 Statement of Compatibility with Existing Uses Existing land uses surrounding the project site are predominantly agricultural. The Town of Wattenberg is adjacent to and immediately west of the site. The current permit boundary, as approved in 1991, will not be expanded. This amendment will not noticeably affect the level of activity at the site nor will it significantly extend the period of mining. Activity proposed by this application remains compatible with and buffered with setbacks from adjacent residential land uses and is anticipated as a Use by Special Review within the surrounding Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co., Inc. 7 May,2001 Banks and Gesso, LLC agricultural areas. The amended mine and reclamation plans, and end use of the property as proposed, are compatible with the surrounding agricultural and residential land uses and include measures to mitigate off-site impacts. 7.8 Statement of Compatibility with Future Uses Sand and gravel mining and reclamation of the subject property as a water storage facility are consistent with future uses of surrounding properties. It is anticipated these properties will remain agricultural in nature with limited increases in residential use. Properties surrounding the Perry Pit operation may also contain additional commercial quality sand and gravel deposits, and future development of the area must take into consideration the mineral resource policies of Weld County as they apply to such resources. 7.9 Statement Concerning Floodplain, Geologic Hazards, and the Airport Overlay District As shown on the Soils, Wetlands, and Floodplain Map, the entire Perry Pit operation lies within the 100 year floodplain of the South Platte River. A floodplain permit will be updated, if necessary, prior to any operations proposed by this application for amendment. There are no geologic hazards or airport overlay districts present on this property. 7.10 Statement Concerning Use in Agricultural District The amendments proposed within this application do not significantly affect any additional prime agricultural land not already identified in the original permit. 7.11 Copy of Legal Instrument Identifying Applicant's Interest in the Property A warranty deed identifying the Applicant, Asphalt Paving Company, as the owner in fee of the 118-acre mine site is contained in Appendix B of this submittal. This deed conveys to the Applicant one share of capital stock of the Brighton Ditch Company. Contained in Appendix F is an Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co., Inc. 8 May,2001 Banks and Gesso, LLC agreement, dated May 1, 2000, in which the Lupton Bottoms Ditch Company allows the Asphalt Paving Company to mine and remove the existing ditches which cross the site. 7.12 Special Review Use Questionnaire The questionnaire is contained in Appendix C. 7.13 Weld County Road Access Information Sheet A completed road access information sheet is contained in Appendix D. 7.15 Traffic Information Current maximum production of aggregates produced from the Perry Pit Operation is up to approximately 300,000 tons per year. Most of the processed aggregate is used by the Applicant for asphalt batching or sold directly as sand and gravel to customers. The proposed amendment to Use by Special Review (Mining) Permit No. 921 will not significantly change the level of activity or production of the operation. As such, traffic patterns will not change due to the activities proposed by this amendment. Truck traffic will continue to be approximately 48 truck round trips per day of operation. Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co.,Inc. 9 May,2001 Banks and Gesso, LLC Appendix A: DMG 112 Permit Application — Amendment to Permit No. M-90-098 Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co., Inc. 10 May,2001 COLORADO MINED LAND RECLAMATION BOARD APPLICATION FOR AMENDMENT TO 112 RECLAMATION PERMIT M-90-098 PERRY PIT Weld County, Colorado Prepared for: Asphalt Paving Company 14802 West 44th Avenue Golden, CO 80403 Prepared by: Banks and Gesso, LLC 720 Kipling Avenue, Suite 117 Lakewood, Colorado 80215 (303) 274-4277 July 2001 Table of Contents Page Application Form Introduction 1 Exhibits Exhibit A Legal Description 2 Exhibit B Index Map 3 Exhibit C-1 Pre-Mining Map (Man-Made Features) 4 Exhibit C-2 Pre-Mining Map (Natural Features) 4 Exhibit C-3 Mining Plan Map 4 Exhibit D Mining Plan 5 Exhibit E Reclamation Plan 8 Exhibit F Reclamation Plan Map 9 Exhibit G Water Information 10 Exhibit H Wildlife Information 12 Exhibit I Soils Information 13 Exhibit J Vegetation Information 14 Exhibit K Climate 15 Exhibit L Reclamation Costs 16 Exhibit M Other Permits and Licenses 17 Exhibit N Source of Legal Right to Enter 19 Exhibit O Owners of Record 20 Exhibit P Municipalities Within Two Miles 21 Exhibit Q Proof of Mailing 22 Exhibit R Proof of Filing with County Clerk and Recorder 23 Exhibit S Permanent Man-Made Structures within 200 Feet 24 Appendices Appendix A Agreement with Lupton Bottoms Ditch Company 25 Appendix B Certification of Sign Posting 26 Tables Table L Reclamation Cost Estimate 16 • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 DIVISION O Phone:(3031866-3567 CONSTRUCTION MATERIALS M I N E RA L FAX:(303)832-8106 REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM G E O L O G RECLAMATIOf MINING•SAFET Bill Owens CHECK ONE: There is a File Number Already Assigned to this Operation Governor Gres E.Walcher Permit# M - 90-_1192. (Please reference the file number currently assigned to this operation) Executive Director New Application(Rule 1.4.5) X Amendment ApplicationMichael DB.irector Long pp (Rule 110) Division Director Conversion Application(Rule 1.11) Permit# M - 90 _ 098 (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form; (2)Fxhtbits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1)complete signed and notarized IVORY ORIGINAL and four(4)copies of the completed Ivory application form,five(5)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4) below. Exhibits should NOT be bound or in a 3-ring binder; maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,all information described below. 1. Applicant/operator or company name(name to be used on permit): Asphalt Paving Company 1.1 Type of organization(corporation,partnership,etc.): Corporation 1.2 I.R.S.Tax I.D.No.or Social Security Number: 84•-0581014 2. Operation name(pit,mine or site name): Perry Pit 3. Permitted acreage(new or existing site): 118 permitted acres 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area 118 acres 4. Fees: 4.1 New Application $2,344.00 application fee 4.2 New Quarry Application $2,906.00 quarry application 4.4 Amendment Fee $1.938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,344.00 conversion fee 5. Primary commoditie(s)to be mined: sand and gravel 5.1 Incidental commoditie(s)to be mined: I. / Ibs/Tons/yr 2. / Ibs/Tons/vr 3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / Ibs/Tons/vr 5.2 Anticipated end use of primary commoditie(s)to be mined: 5.3 Anticipated end use of incidental commoditie(s)to be mined: -7 - 6. Name of owner of subsurface rights of affected land: Asphalt Paving Company If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Asphalt Paving Company 7.1 Names of the holders of any recorded easements on the affected land: M.E. III Corporation, Lupton Bottoms Ditch X 8. Type of mining operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): X 6th(Colorado) _ 10th(New Mexico) Ute SECTION(write number): S 25/10 TOWNSHIP(write number and check direction): T 1 X North South RANGE(write number and check direction): R 67/66 East X West QUARTER.SECTION(check one): X NE NW SE SW QUARTER/QUARTER SECTION(check one): X NE NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Site is adjacent to the Town of Wattenberg on the west and is approximately 4926' in elevation 10. Primary future(Post-mining)land use(check one): Cropland(CR) _ Pastureland(PL) General Agriculture(GA) Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) _ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) X Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11. Primary present land use(check one): Cropland(CR) Pastureland(PL) _ General Agriculture(GA) Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) X Industrial/Commercial(IC) _ Developed Water Resources(WR) 12. Method of Mining: Briefly explain mining method(e.g.truck/sbovel): Currently wet-mined. Proposed change to continue wet=mining until dry-mining needed for slurry wall preparation and installation. Pits will be dewatered and mined using trackhoes, backhoes, dozers, graders, haul trucks, conve'nrriaend druitines. -No mininngScrhases proposed for mining operation. 13.1 Briefly explain on-site processing: Srreens and convenors are used to sort material. Processing of pit-run with crushers also occurs on-site. 13.2 List any designated chemicals or acid-producing materials to be used or stored within permit area: None - 3 - 14. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Jeff Keller Title: President Company Name: Asphalt Paving Company Street: 14802 West 44th Avenue City: Golden Colorado 80403 State: Zip Code: Telephone Number: I 303 )- 279-6611 Fax Number: ( 303 1- 279-6216 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Paul Banks Title: Principal Company Name: Banks and Gesso, LLC Street: 720 Kipling Street, Suite 117 City: Lakewood State:' Colorado Zip Code: 80215 Telephone Number: ( 303 )_ 274-4277 Fax Number: I 303 )_ 274-8329 INSPECTION CONTACT Contact's Name: Jeff Keller Title: President Company Name: Asphalt Paving Company Street: 14802 West 44th Avenue City: Golden State: Colorado Zip Code: 80403 Telephone Number: ( 303 )-279-6611 Fax Number: ( 303 )- 279-6216 CC: STATE ORI}EDERAL LANDOWNER(if any) Agency: Street: City:. State: Zip Code: Telephone Number: ( 1- CC: STATE OR FEDERAL LANDOWNER(if anvl Agency: Street: City: State: Zip Code: Telephone Number: ( )- 4- 15. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Asphalt Paving Company wishes to mine approximately 10 additional acres on the permitted site—land which was previously unmined because it defined the channel of the Lupton Bottoms Ditch. This additional mining will leave one rather than two ponds on. the reclaimed property with the Ditch running through the pond. Maps and Exhibits: Five(5)complete,unbound application packages must be submitted One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum I,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands to include the location of any recorded easements EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter,to include holders of any recorded easements EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(I)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required.or would - like to schedule a pre-application meeting you may contact the Office at 303-866-3567. - 5 - Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a pemuttee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided,to acknowledge that you understand your bligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permitee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; i 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mmed Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. - 6 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. 7 Certification: • As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.RS.). 2. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4X£), C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120,C.RS.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S.Signed and dated this 9721 day of .Ti,�Ly O2OO/ . Asphalt Paving Company •If CorporationAttest(Seal)" Applicant/Operator or Company Name Signed' Signed: TX � Corporate Secretary Or Eau valeat • Title: i Town/City/County Cleric State of (l0/or44'0 ) )ss County of f IFers on The foregoing instrument was acknowledged before me this 96- day of .114/y ,?DD/ , by -refIrey Lif, -k'e//er as Fres,:denl" of /Sf in/f- PD✓;nQ Notary Public My Commission expires: 3//2OD,S SIGNATURES MUST BE IN BLUE INK Banks and Gesso, LLC INTRODUCTION This application represents an amendment to Permit No. M-90-098. The currently permitted Perry Pit is located on a 118-acre site located south of Weld County Road 6 and immediately east of the Town of Wattenberg, in unincorporated Weld County. Issued in 1990, the original permit allowed for mining on approximately 55 of the total 118 acres. Approximately 63 acres were to remain undeveloped according to the 1990 permit, including approximately 10 acres of land supporting and surrounding the Lupton Bottoms Ditch. The Ditch currently traverses the eastern third of the site in a north/south direction. The original reclamation plan permitted an end-use of wildlife ponds and agricultural lands. The application proposed hereunder seeks to amend four (4) areas of the original permit. First, the Applicant would like to expand the limits of mining to include the 10 additional acres within the project site that currently define and support the Lupton Bottoms Ditch. Second, the Applicant seeks to change the method of mining from wet- mining to dry-mining operations during preparation, construction and seal testing of the slurry wall for the water storage area. Upon completion and approval of the slurry wall, the mining operation will continue to use the wet-mining method, with occasional periods of dry-mining methods to establish the final reservoir bottom elevations. Third, the Applicant asks that the permitted end-use for the entire property be changed from wildlife ponds and agricultural lands to water storage. Fourth, the Applicant would like to continue the mining operation in one phase. Under such proposed amendments and upon completion of the mining activity within the expanded limits, one large reservoir will be created in place of the originally permitted two wildlife ponds. The Lupton Bottoms Ditch will flow into this reservoir from the south and then re-enter its historic channel on the north end of the site. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 1 Banks and Gesso, LLC EXHIBIT A- LEGAL DESCRIPTION The legal description for the 118-acre site remains unchanged from the original application. PenyPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 2 Banks and Gesso, LLC EXHIBIT B- INDEX MAP PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 3 Banks and Gesso, LLC EXHIBIT C— PRE-MINING AND MINING PLANS MAP OF AFFECTED LAND The Pre-Mining and Mining Plan Maps can be found following this page. Exhibit C-1 shows Man-Made Features. Exhibit C-2 shows Natural Features. Exhibit C-3 shows the Mining Plan. PerryPitAmendment.COMG.112Permit July 2001 Asphalt Paving Company 01007 4 Banks and Gesso, LLC EXHIBIT D— MINING PLAN Three amendments to the mine plan are proposed under this application. First, mineable acreage will increase by approximately 10 acres. Second, the Applicant seeks to change the method of mining from wet-mining to dry-mining operations during preparation, construction and seal testing of the slurry wall for the water storage pond. Generally, other than during slurry wall preparation and installation, the mining operation will continue to use wet-mining methods, with occasional dry-mining for reservoir construction. Third, the mining operation will be completed in one phase. Except as described below, all other aspects of mining at the Perry Pit will remain as indicated in the original permit. Expanded Acreage The expanded mining limits as proposed herein will include land surrounding and supporting the Lupton Bottoms Ditch. The Ditch was originally to be left undisturbed and would separate Lakes One and Two upon completion of mining and reclamation at the Perry Pit. The western and southwestern shorelines of the lake will be moved west and south, as indicated on Exhibit C-3, Mine Plan Map. The inclusion of these areas will add approximately 10.5 acres of land to the mined area. With depths of sand and gravel in these areas between 25 and 30 feet, new mining in these areas will create a potential supply of up to approximately 433,000 to 580,000 additional cubic yards (650,000 to 870,000 tons) of aggregate material. The rate of mining is expected to continue at a rate of approximately 150,000 tons per year, with potential production rates of up to 300,000 tons per year. Due to the relatively small size and the general location of the area of expansion, mining in the amended areas will be included in the area identified as Phase Two of the originally permitted Mine Plan. Mining of the additional material is anticipated to add four to six years to the life of the operation as currently permitted. Wet to Dry-Mining Methods During Slurry Wall Preparation and Installation In order to achieve uninterrupted reserve recovery at the Perry Pit, the Applicant proposes to switch from wet-mining methods to dry-mining during the preparation, construction and seal testing of the slurry wall for the water storage pond area. Upon approval of the slurry wall, wet-mining methods will continue for most of the remaining PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 5 Banks and Gesso, LLC mining operation. However, for the purposes of setting final elevations and contouring of the final reservoir configuration, dewatering and dry-mining will occur intermittently during the life of the mine. At present, mining activity has resulted in the impoundment of groundwater in the southern portion of the approved Phase One area, as well as in the northern portion of the approved Phase Two area. Water will be pumped from these areas and discharged into the downstream connection to the Lupton Bottoms Ditch through a series of dewatering ditches (as shown on Exhibit C-3, Mining Plan Map). These ditches will direct all surface, ground, and storm water to a settling pond that will be located either at the northern edge of the site or the Platte River, as shown on the Mining Plan Map (see Exhibit C-3). Once the existing pit bottom has been exposed, mining of the Lupton Bottoms Ditch will proceed from south to north. To ensure flows of the Ditch remain constant for downstream users, flows entering the site via the Ditch will be metered. Water will then be directed through a weir into the pit bottom, where it will be pumped, along with groundwater. From the settling pond area, north of the pit and at existing grade, clarified water will be released into the downstream Lupton Bottoms Ditch at the same rate metered at the inlet/weir. The two options for the settling pond location are as follows: 1) on the north side of the site near the existing access; or 2) adjacent to the South Platte River (see Exhibit C-3, Mining Plan Map). The final location of settling ponds will be determined according to the discharge permitting process with the Colorado Department of Public Health and Environment. In any case, flow leaving the site will be clarified, controlled and equal to the amount entering. The Applicant currently holds an approved U.S. Army Corps of Engineers 404 Permit for excavation of material from Waters of the United States that covers the Perry Pit Operation. The Applicant will continue to meet all applicable state ground water quality standards and federal regulations applicable to its use of the subject site. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 6 Banks and Gesso, LLC Phasing The Applicant proposes to continue mining operations at the Perry site such that extraction of gravel will occur in one phase, rather than the two phases originally permitted. The intent of completing the mining operation in one phase is so that a slurry wall may be created around the entire mine area, to provide a serviceable water reservoir as quickly as possible. The additional material proposed under this Amendment will add up to four to six years to the total life of the mine, extending the original permit by that amount of time. As noted above, the Amendment of the Perry Pit Mining Plan is limited to the expanded acreage, dry-mining, and sequencing described in this Exhibit. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 7 Banks and Gesso, LLC EXHIBIT E — RECLAMATION PLAN Mining in the additional 10 acres of the site necessitates an amendment to the originally permitted reclamation plan. Mining of the Lupton Bottoms Ditch will connect the east and west mine cells, ultimately resulting in a single 56-acre lined water storage facility with some shoreline wildlife habitat. The end-use of developed water amend the original Perry Pit reclamation plan. The original reclamation plan includes the construction of a rip rap lined spillway off the South Platte River. The construction of both a rip rap design element with the proposed water storage pond would create the potential of commingling floodwater with a water supply source. In order to minimize design conflicts with the proposed water storage area, the amended reclamation plan does not include a spillway. Except as described in this section, all other aspects of reclamation efforts will remain as originally permitted. Prior to wet-mining the remainder of the site, dry-mining methods will be used in order to construct a slurry wall around the perimeter of the entire pit. The slurry wall will utilize the underlying shale to isolate the constructed water storage reservoir from the surrounding groundwater system, minimizing impacts on adjoining properties. The slurry wall will potentially be documented for reduced DMG bonding, in accordance with the Guide to Specification Preparation for Slurry Walls and Clay Liners as a Component of a Colorado Mined Land and Reclamation Permit. If the Applicant chooses to pursue reduced bonding, it will, during the course of the review/bonding process for this 112 Amendment application, submit the following: a. Design Information b. Technical Specifications c. Construction Quality Control/Quality Assurance (QCA) Procedures d. Sample Construction Report The above described components of the slurry wall design submittal address each major construction activity involved in the construction of the slurry wall, including: preparation of the site, slurry mixing and hydration, trench excavation, backfill preparation, backfill placement, and site cleanup. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 8 Banks and Gesso, LLC EXHIBIT F— RECLAMATION PLAN MAP The Amended 112 Reclamation Plan Map is found in the map pocket immediately following this page. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 9 Banks and Gesso, LLC EXHIBIT G —WATER INFORMATION Only one change proposed in this amendment will alter the water information as stated in the original permit. The rates of consumptive use of water due to mining at the Perry Pit will change due to dewatering and dry-mining the site. Except as described below, all other aspects of the water information will remain unchanged from the original permit. Procedures related to this amended reclamation plan will not result in any unauthorized releases of pollutants to surface or ground water systems. Disturbances to water quality and quantity will be minimized through compliance with (1) formal agreements between the Applicant and the Lupton Bottoms Ditch Company; (2) Colorado water law pertaining to the appropriation of water; (3) applicable State water quality laws and regulations; and (4) applicable federal and state requirements pertaining to dredge and fill operations. Dry-Mininq Mining of the proposed excavation area of the entire permitted area will change to dry- mining methods during the preparation, construction and seal testing of the slurry wall. Upon approval of the slurry wall, the mining operation will continue as a wet-mining operation, with some period of dry-mining and dewatering to survey and set elevations in the reservoir. As described in Exhibit D — Mining Plan, a slurry wall will be constructed around the perimeter of the mining limits prior to dewatering the site. By constructing the wall prior to continued extraction activities, water in the surrounding groundwater system will be prevented from seeping into the pit area, thus minimizing the impact the operation has on neighboring properties and wells. Upon completion of mining and subsequent reclamation at the Perry Pit, the slurry wall will prevent reservoir water from infiltrating outward from the water storage facility. Dewatering operations will be simultaneous with continued extraction activities at the Perry Pit. Groundwater will be directed through a pump and ditches to an on-site settling pond area. The two options for the location of the settling pond will be either the northern portion of the site or along the Platte River, as shown on the Mining Plan Map (see Exhibit C-3). Prior to discharge into the Lupton Bottoms Ditch, the water will be clarified in a settling pond system. The Applicant will conform to discharge requirements PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 10 Banks and Gesso, LLC and will meet applicable regulations for the settling pond system. Consumptive Use of Water If needed, an updated annual account for the consumptive use of the operations water needs will be submitted to the Colorado Division of Water Resources, as an amendment to the currently approved Temporary Substitute Supply Plan. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 11 Banks and Gesso, LLC EXHIBIT H —WILDLIFE INFORMATION Wildlife information for the Perry Pit remains unchanged from the original application submittal. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 12 Banks and Gesso, LLC EXHIBIT I -SOILS INFORMATION Soils information for the Perry Pit remains unchanged from the original application submittal. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 13 Banks and Gesso, LLC EXHIBIT J —VEGETATION INFORMATION Vegetation information for the Perry Pit remains unchanged from the original application submittal. July 2001 PerryPitAmendment.CDMG.112Permit 01007 Asphalt Paving Company 14 Banks and Gesso, LLC EXHIBIT K— CLIMATE INFORMATION An updated summary of the climate for the Perry Pit area is below. BRIGHTON, COLORADO (050950) Period of Record Monthly Climate Summary Period of Record : 10/1/1973 to 7/31/2000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. 42.5 47.9 55.5 63.3 72.7 83.3 88.5 86.2 78.7 67.4 51.7 44.0 65.1 Temperature(F) Average Min. 14.3 19.0 25.7 33.3 42.9 51.7 56.6 54.9 46.0 34.3 23.2 15.9 34.8 Temperature(F) Average Total 0.47 0.38 1.24 1.73 2.43 1.79 1.68 1.55 1.04 0.87 0.90 0.53 14.60 Precipitation(in.) Average Total 6.0 4.3 7.8 5.7 0.9 0.0 0.0 0.0 0.6 2.3 8.1 6.3 41.9 SnowFall(in.) Average Snow 1 0 0 0 0 0 0 0 0 0 1 1 0 Depth(in.) Percent of possible observations for period of record. Max. Temp.: 98.6% Min. Temp.: 98.5%Precipitation: 98.5% Snowfall: 98.2% Snow Depth: 97.9% Check Station Metadata or Metadata graphics for more detail about data completeness. Western Regional Climate Center, wrcc@dn edu PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 15 Banks and Gesso, LLC EXHIBIT L- RECLAMATION COSTS Two changes to originally permitted reclamation costs will occur as a result of the proposed amendments. All other aspects of reclamation costs should remain unchanged from the original permit. First, the total acreage of shoreline needing topsoil coverage will be reduced by 0.7 acres to approximately 1.8 acres (6200 LF * 12.7 feet of slope above water level). At $0.40 per cubic yard, this cost should now be approximately $15,748.00. Second, reclamation costs will be changed to reflect the costs of installing a slurry wall. At 155,000 SF (6200 LF * 25 feet of depth) of wall and a cost of $3.00 per SF for installation, the slurry wall is expected to cost approximately $465,000. TABLEt Y f y n V! 'CH* GES TO*RECLAMATIONtb'',5 ESTIIItA"TE ITEM QUANTITY UNIT PRICE COST Topsoil Application (1.8 ac., 6 inches deep) 39,370 CY $0.40 yd3 $ 15,748 Slurry Wall Installation 155,000 SF $3.00/SF $ 465,000 In accordance with DMG Rules, the Applicant may submit supplementary information as noted in Exhibit 'E' in order to obtain bonding for slurry wall costs at 20% of the installed cost listed above. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 16 Banks and Gesso, LLC EXHIBIT M - OTHER PERMITS AND LICENSES Additional permits/approvals required to mine the additional 10 acres addressed by this amendment application include the following: Weld County Use by Special Review An Amendment to Weld County Use By Special Review (USR) Permit No. 921 is being sought concurrently with this amendment to DMG 112 Permit No. M-90-098. Flood Hazard Development Permit Flood Hazard Development Permit No. 173 was issued in 1991 and addresses mining activity at the Perry Pit Operation. The Weld County Planning Department will be notified of additional mining activity proposed for the site, and an application to amend or modify the Flood Hazard Development Permit will be made if deemed necessary. Stormwater Discharge Permit The stormwater discharge permit issued by the Water Quality Division of CDPHE, and the accompanying Stormwater Management Plan, both of which address operations at the Perry Pit, will be amended as necessary to reflect the additional acreage and settling pond location proposed for mining within this application. Air Permits Prior to any additional mining activity proposed by this application, the Applicant will apply to the Air Pollution Control Division of CDPHE to amend its existing Fugitive Dust Permit and Air Pollution Emission Notice (APEN) pertaining to this operation. Other Permits In February 2001, the Colorado Historical Society reported that no cultural resources within the project area were listed on the State Register of Historic Places. Historical or archaeological sites encountered during any land-disturbing activities will be preserved and reported to the Colorado Historical Society. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 17 Banks and Gesso, LLC The Applicant was permitted to excavate on the Perry site by U.S. Army Corps of Engineers Individual 404 Permit No. 199780443. This permit is believed to cover all proposed activities in this Amendment. However, if necessary, an amendment to the 404 permit will be completed and approved before the additional mining activity proposed in this amendment begins. Upon approval of this amendment to DMG 112 Permit No. M-90-098, notice will be given to the Colorado State Engineer's Office that additional acreage at the site has been approved for mining. If necessary, an amendment to the existing Substitute Supply Plan will be completed and approved. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 18 Banks and Gesso, LLC EXHIBIT N -SOURCE OF LEGAL RIGHT TO ENTER As demonstrated by the Warranty Deed, executed in July of 1996 and contained in this Exhibit, the Applicant is the owner in fee of the 118-acre Perry Pit operation, with full right of entry. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 19 Banks and Gesso, LLC EXHIBIT O-OWNER(S) OF RECORD OF AFFECTED LAND (Surface Area) AND OWNER(S) OF SUBSTANCE TO BE MINED Asphalt Paving, Inc. is the owner of both the surface and mineral estates at the Perry property. This ownership vested in Asphalt Paving by virtue of the Warranty Deed found in Exhibit 'N' of this application. July 2001 PerryPitAmendment.CDMG.112Permit 01007 Asphalt Paving Company 20 Banks and Gesso, LLC EXHIBIT P - MUNICIPALITIES WITHIN 2 MILES There is one municipality located within 2 miles of the proposed mining project. A portion of incorporated Brighton, located southeast of the site and along State Highway 85, is approximately 1.5 miles from Perry Pit Amendment project site. City of Brighton 22 South 4th Avenue Brighton, CO 80601 PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 21 Banks and Gesso, LLC EXHIBIT Q- PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT Proof of mailing the CDMG required notice form and a copy of the application form to the Weld County Commissioners and the local Soil Conservation District is found in copies on the following pages. • PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 22 Banks and Gesso, LLC EXHIBIT R— PROOF OF FILING WITH COUNTY CLERK AND RECORDER The proof of filing the application for public inspection with the Weld County Clerk and Recorder is found following this page of the Exhibit. PerryPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 23 Banks and Gesso, LLC EXHIBIT S - PERMANENT MAN-MADE STRUCTURES Any agreements with owners of permanent man-made structures within 200' of affected land reached during the original application process remain in effect. A listing of those owners can be found in the original permit. With this Amendment adding only new area internal to the previous mine plan, the amended mining limits do not encroach within 200' of any other owners of permanent man-made structures not previously identified in the original permit. PenyPitAmendment.CDMG.112Permit July 2001 Asphalt Paving Company 01007 24 Banks and Gesso, LLC Appendix C: Special Use Questionnaire Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co.,Inc. 12 May,2001 USE BY SPECIAL REVIEW QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with"not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. Construction aggregates mining and processing. 2. Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan. Orderly development of sand and gravel with minimal impact to surrounding land uses 3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance and the zone district in which it is located. Mineral resource development is a Use by Special Review in the A district 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Current use will not change. Surrounding uses are agricultural with the Town of Wattenberg adjacent to the west. 5. Describe, in detail, the following: a. How many people will use this site? Will not change from current permit b. How many employees are proposed to be employed at this site? Will not change from current permit c. What are the hours of operation? Will not change from current permit d. What type and how many structures will be erected (built)on this site? Will not change from current permit e. What type and how many animals, if any, will be on this site? none f. What kind (type, size,weight)of vehicles will access this site and how often? Will not change from current permit g. Who will provide fie protection to the site? W�lnot change ffrom current permit h. What is the water source on the property? (Both domestic and irrigation). See Section 4.2 I. What is the sewage disposal system on the property? (Existing and proposed). Will not change hfrom cuurrent permit j. If storage or from ca is sepr proposed,what type of items will be stored? it 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. See Reclamation Plan-Exhibit E of DMG 112 Permit Application 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. See Reclamation Plan-Exhibit E of DMG 112 Permit Application B. Explain how the storm water drainage will be handled on the site. Will not change from current permit 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. See Mine and Reclamation Plans-Exhibits D and E of DMG 112 Permit Application 10. Explain where storage and/or stockpile of wastes will occur on this site. Wastes will not be stored on site 10 • 1 - Banks and Gesso, LLC Appendix D: Road Access Information Sheet Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co., Inc. 13 May,2001 • APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name Asphalt Paving Company Phone 303-279-6611 Address 14802 W.44th Ave. City Golden State_GDZip 80403 2. Address or location of access 12000 Weld County Road 6 Section 25/30 Township 1 N Range 67/66 W Subdivision NA Block Lot Weld County Road # 6 Side of Road south Distance from nearest intersection .5 mi (approx) 3. Is there an existing access to the property? Yes X No #of accesses 2 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial O Temporary ❑ Subdivision ❑ Commercial C3 Other mining ************************************************************************************************* 5. Site Sketch Legend for Access tifr Description: J WG& is AG= Agricultural RES = Residential qG $114 O&G= Oil&Gas D.R. = Ditch Road OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ************************************************************************************************* ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 9 Banks and Gesso, LLC Appendix F: Agreement with Lupton Bottoms Ditch Company Perry Pit,Weld County USR Amendment 01007 Asphalt Paving Co., Inc. 15 May,2001 AIIIII 03/201111103:51P JA Suki 101111111111111 su1I1 ot RECORDER'S fiL4EtAORr+tvrvJN IIIIII Illl i or'6 R 30:00 D 0.00 Weld County CO THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR AGREEMENT SCANNING PURPOSES. 1. PARTIES. The parties to this agreement are ASPHALT PAVING COMPANY (Asphalt Paving), a Colorado corporation and the LUPTON BOTTOM DITCH COMPANY (Ditch Company), a Colorado mutual ditch company. 2. RECITALS. Asphalt Paving owns the Property described in EXHIBIT A (the Property). Asphalt Paving is in the process of mining the Property. The Ditch Com- pany has historically collected seepage, wastewater and runoff from two seep ditches that cross the Property (hereinafter "the seep ditches"). The general location of the seep ditches are depicted on the map attached as EXHIBIT B, referred to as Lupton Bottom Seep Ditch No. 1 and Lupton Bottom Seep Ditch No. 2. The two seep ditches join on the Property as depicted on the map attached as EXHIBIT B. The Ditch Company has applied for water rights for water collected in the seep ditches in Case No. 97CW296. Asphalt Paving has applied for water rights from the seep ditches in Case Nos. 97CW388, 389 and 390. Asphalt Paving, as part of its mining of the Property, may desire to remove the seep ditches. Asphalt Paving and Ditch Company desire to set forth the conditions under which Asphalt Paving may remove the seep ditches as they cross the Property. The parties also desire to resolve their objections to each others water right applications. NOW, THEREFORE, the parties agree as follows: 3. REMOVAL OF DITCHES/DELIVERY OF WATER. Asphalt Paving shall be entitled to mine the Property and remove the seep ditches. In the event Asphalt Paving chooses to remove the seep ditches, then, prior to such removal, Asphalt Paving shall install a measuring device(s) to measure the water flowing in the seep ditches or combined seep ditches as far north and as close to the gravel pit as possible ("measuring point(s)"). Asphalt Paving shall deliver to the point where the combined seep ditches formerly exited the Property ("delivery point"), the amount of water measured at the measuring points minus the amount of water that Asphalt Paving is entitled to store or otherwise divert. Asphalt Paving agrees to install pumps and whatever additional mechanical equipment is necessary to deliver the amount of water measured at the measuring point(s) to the delivery point. 4. ALLOWED LAG OF DELIVERIES. Asphalt Paving shall be allowed to lag all deliveries by up to 24 hours. In other words, Asphalt Paving shall be required to deliver water on or before 24 hours following its measurement at the measuring point(s). 5. STIPULATIONS TO ENTRY OF DECREE. Contemporaneously with the execution of this agreement, Asphalt Paving shall stipulate to the entry of a decree in Case No. 97CW296 and the Lupton Bottom Ditch Company shall stipulate to the entry of a decree in Case Nos. 97CW388, 389 and 390. 6. CLEANING OF LUPTON BOTTOM SEEP DITCH NO. 2. At its option, the Ditch Company may clean the Lupton Bottom Seep Ditch No. 2 as shown on EX- HIBIT,B at its own expense and in such a fashion that does not interfere with Asphalt "GBLG\DATA\CUENTSUUPCOLLOPTON-A.ROL-CLEAN.0OO - 011011004:58 PM 111(111111111111 IIIIii ��11111!" 1111111111111111 2765663 05/03/2000 03:51P JA Sulu Tsukamoto 2 of 6 R 30.00 0 0.00 Weld County Co • Paving's mining operation. AA L Permits for such work, including a 404 Permit from the Corps of Engineers, if nece>sary, shall be obtained by the Ditch Company. 7. NOTICES. Any notice. required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. ASPHALT PAVING COMPANY: LUPTON BOTTOM DITCH COMPANY: Jeff Keller, President Howard "Corky" Cantrell, Secretary- Asphalt Paving Company Treasurer 14802 West 44'h Avenue Lupton Bottom Ditch Company Golden, CO 80403 11016 WCR 23 Ft. Lupton, CO 80621 and Jim Krattenmaker, Manager Asphalt Paving Company 14802 West 44th Avenue Golden, CO 80403 Copy to: Copy to: Jeffrey J. Kahn, Esq. Holly I. Holder, Esq. Bernard, Lyons & Gaddis, P.C. Holly I. Holder, P.C. P.O. Box 978 519 17th Street, #1500 Longmont, CO 80502-0978 Denver, CO 80202-4130 8. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 9. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 10. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to. carry out this Agreement. 11. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended,only by an instrument in writing signed by.the parties. t\G0LG\0ATH\CUENTSVA\APCO\LUPTON-A-R0L-CLEAN.DOG . .. ' 01/07/00 4:55 PM 2 • `•• I i1Ilil 11111 1111M IIII 111111 II U17111111111111 1111 2765663 05/03/2000 03:51P JA Sold Tsukamoto 3 of 6 R 30.00 0 0.00 Weld County CO 12. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. This Agreement shall specifically run with the Property described in EX- HIBIT A. DATED: MA'-1 1, 20OO ASPHALT PAVING COMPANY: ATTEST: Se etary freit4C-- STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 1. day of N1oy , 2000, by 32 rc.1 (U. kelleAr as President of Asphalt Paving Company and Sohn M. Reiter as Secretary of Asphalt Paving Company. Witness my hand and official seal. My commission expires: 3((LlLeot Notary Public sOTARY 9O tog �— o PUBLIC e -‘91- N,..____ 1 \\GBLG\DATA\CLIENTS\A\APCOLLUPTON-A-NDL-CLEAN.DOC 01/07100 C58 PM 3 ` I111111111111111111111111111111 Unit 1d11111IIIIIIII 2765663 05/03/2000 03:51P JA Saki Tsukamoto 4 of 6 R 30.00 0 0.00 Weld County CO LUPTON BOTTOM DITCH COMPANY: ATTEST: a1 (4) eted„, t President Secretary STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this frday of(�c{'. ` , 2000, by (_3:1'1c nC as President of the Lupton Bottom Ditch\Company and'i., c? G7.( drl`ps Secretary of the Lupton Bottom Ditch Company. Witness my hand and official seal. My commission expires: -.‘\)s'e -.:`cr JCL), • ICCR:\\,-)e--" ! Att.:" otary Public o: E 2! SHELUE R PEREEDA I t ,431 ,r \\G8LGWATMCUENTSWAPCOLLUPTON-ARDL-CIEAN.DOC 01/07/00 458 PM 4 • „• ME Ilan IIII IIIIII 1111111" NUM • 2765663 05/0312000 03:51P JA SuH. (sukamoto 5 of 6 It 30.00 0 0.00 Weld County CO ' ' LEGAL OESCR!PTZCN • a TRACT OF LAND LaCA:EO IN THE NORTHEAST QUARTER OF SECT:CH 27. TOWNSHIP : NORTH. RANGE 5: wEST CF THE Stn P.M. ANC :N THE NORTHWEST OUARTE7 GP SECTION 30. TOWNSHIP • I .: 0TH. RANGE 56 WEST CF THE St, P.M . wEL7 C=NTY. CZL PAO0. MORE a30 CEEC:3E7 AS FCI:.ONS. " 1 •E:'..VN:NG AT A POINT WHICH LIES SCUTH 00'08'25' EAST 20.0C FEE- F=G THE NORTHEAST •; C_FNEa OF SAIZ SECT:CN 25. SA:3 POINT BEING CM THE SOUTH RIGHT OF WAY GF "EL: ?T 1 CCLWTY =GAO N0. 5 AND L":.NG ON THE _AST LINE OF SAID NORTHEAST GUARTE THENCE ro{ am EA B9']A"A3' S 6a6.0i FEE' ALONG SAID SOUTH RIGHT CF WAY: ` :lea ECUTH 55'.5'79' EAST 2:0.02 =UT: THENCE NORTH 58'51'20' EAST 175.27 tFEET TO THE SOUTH RIGHT-OF-WAY OF SAID wEL: O31NT'Y ROAO No. 7:THENCE. AL3N. SA:. SOUTH RIGHT-43F-wAY NORTH 69'3'''' EAST 132.59 FEET: I THENCE souTH 00''6'59' EAST 1:13.'2 FE_': mENCS SOUTH 69'41'01' WEST :22220.00 FEET . a t TO is WEST LINE Of SAID SECTION 20: THENCE SOUTH 46.06'56' WEST 250.00 FEET; SOUTH 89'23'ES' WEST 778.61 FEET; THENCE THE`K" SOUTH 55'22':10 WEST 200.00 FEET: THENCE NORTH 76'45':6' WEST 340.89 Fi=7 TO THE EAST LHLY RIGHT OF MAY LINE Of THE SEWER. LARANIE ANO NORTHWESTERN RAILWAY COMPANY AS ORIGINALLY LOCATED: THENCE SOUTH 01''2'07• EAST 1022.03 FEET TH THE SOUTH O=NE OF THE NORTHEAST QUARTER OF SAID SECTION 25: meta SOUTH 89'15'20' WEST 1008.22 FEET AL_1NC SAID SOUTH LINE THEN= NORTH 37'24'38' EAST 6x7.80 FEET: THENCE 2:3.25 FEET ALONG THE APO CF A CURVE TO THE . LET HAYING A aAa:Us OF 273.7' FE- ANC A LONG CHOP° MW:GH SEARS NCPTH 15':1'35' EAST 203.90 FEET: THC`ICE NORTH 11'01'23' WEST 93.02 FEET TO THE SGUTHEISTEZY LINE Of THE TOWN OF WATTENBERG AS PER THE PEC7POEG PLAT: THENCE ALONG THE SauTHEA5TE,LY ANC EASTERLY LINE OF 5440 TOWN OF wATTENBERG THE Fa.tDWI.NG _CURSES: . :1NORTH 50'75'37' EAST 556.20 FEET: NORTH 01'42'07' WEST 885.2. FEET: THENCE DEPARTING FZCH THE EAST LINE OF SATO TOWN OF WAT'ENeEPG. NORTH 69'00'34' EAST . .•f, 150.01 FE : THENCE NORTH 01''2'05' wEST 10.40 FEET: THENCE NORTH 77'32'3'' EAST 36.73 FEE TO THE SOUTH BGUYIOARY OF THAT PARCEL OF—CAN0 AS RECZR0E0 IN 5001< 369 j. PAGE A62: THENCE ALONG SAID SOUTH LINE NORTH 89'70'3x• EAST :54.15 FEET; THENCE ALONG THE:EAST LINE OF 50:0 PARCEL NORTH 05'42'05• WEST 34.11 FEET: THENCE'NORTNiAe'02.22:.EAST 222.50 FEET: THENCE SOUTH 89'00'24• wEST 90.78 FEET;• - 1 THta.:::MOAT iOtZ00'0.E'WEST 336.00 FEET TO THE SOUTH RIGHT OF WAY OF WEL: Ca my _ RIGHT OF WAY THE FOLLOWING COURSES: ^. • ROAD Na`00•3CtLA=T 71:.86ID SOUTH I `1) HOR7189'00'74^EAS. 652.86 F SOUTH 00'55'25' EAST 30.00 FEET: NORTH 89'00.74'-,£AST 600.00 FEET: NORTH 00'79'25• WEST 20.00 FEr: 111((( NORTH 59.00'34:EAST 13a.4e FEET TO THE POINT OF BEGINNING. CONTAINS :.7.51 ACHES. MOPE OR LESS. . 5A515 OF FEARING BEARINGS ARE 80520 ON THE NORTH LINE of THE NORTHEAST QUARTER OF SECTION 2_ TOWNSHIP : NORTH. RANGE 87 WEST OF THE 5th P.H. w1t04 IS CONS:DEFER TO SEAR NORTH 89'00'24• EAST. HONUHENTAT:DN FOUNO AT THE POINTS OF TERMINATION OF SAID LINE AS SHOWN ON THIS PLAT. . • SURVEYOR'S CERTIFICATE i t. PETER t-°. A a:LY RESIOTSFE7 LAN SUPVEYCR :N THE STATE Cr COL AOO CO c. MESE3Y CERTIFY TO ASPHALT PAVING CCHCANY THAT THE ABOVE i S.A+TtY WAS MADE 8Y NE ANC UNGER MY OIPECT SUPERVISION ANO THAT THis.PLAT ACC.PATELT REPRESENTS SAIZ SURVEY TO THE BEST OF MY [NOWLE3Wi ANC 8E_:E. %' SON. a r 6 _ PETER EP° C LOPACO P.L.S. N0. 148:7 Se. UT Vi 3a let �/ �;.,ti ~ 0ATEO THIS •- OAY Of f . 1989 : :::...+Oj: 0N•AxwW r' I NOTICE ACCCROING TO COLOPACO LAW TOU MUST COHMENCE ANT LEGAL ACTION SASEO WIN ANY DEFECT :N THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST OISCOVER SUCH CEPE_T. :N NO E'ENT NAY ANY ACTION BASED UPON AN' OEFECT IN THIS SURVEY 8E ::HMENCED MORE THAN TEN YEARS FACH THE CATE OF CERTIFICATION SHOWN NEE^N. i . Ha:, STi 'ah C;cr : !T; r i — I IfII 11111 1111111 1111 111111 II 11111E. ,;11111111111111 2765663 05/03/2000 03:51P JA Suld Tsukamoto 6 of 6 ft 30.00 D 0,00 Weld County CO • r• ...2.1 , j ; j/ 111, I N.., d • : , i i - tc,-,. 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