HomeMy WebLinkAbout20012876 Mr. Kim Ogle, Planner
Weld County Planning Department n -_
1555 N.17t Street
Greeley, CO 80631
RE: USR#1306, Platte Sand& Gravel, LLC
Dear Planning Commission:
I am once again writing to express my concerns about the Use By Review Permit#1306
application by Platte Sand&Gravel, LLC. My property lies on the east boundary of the
proposed haul route which leads to WCR 23. I have many concerns about this mining
operation and its proposed haul route. Although the scale of this proposed operation has
been reduced to 180 acres and 20 years,the fact remains that hundreds of trucks will be
using our county roads each day. This proposed haul route consists of dirt roads, blind
turns and bridges, and a very busy highway 66. More importantly, the haul route is also a
school bus route. These county roads continue to feel the growth occurring in Platteville
and Weld county. This proposed haul route is not to reduce the traffic burden on highway
85 but to avoid the Port of Entry just south of Platteville.
Water issues continue to be a valid concern. I own 80 acres and farm roughly 20 of those
acres. I board and train horses for the public. My business greatly depends on the
productivity of the land. The thought of the water table changing and the possibility of
my wells "going dry" would be devastating to my business.
This proposed mining operation would affect numerous residents not to mention the
riparian area and wetlands of this unique area. This operation also threatens several
historic sites. They are not replaceable!
I have to mention that I have attended the previous Planning Commission and County
Commissioner hearings concerning USR#1306, at times discouraged and other times not
so discouraged. An issue brought up by the Planning Commission was that the applicants
did not try to approach neighbors in an effort to reach an understanding or agreement....
Try to work out issues, listen to concerns. On a personal note, after the unanimous
decision to deny the plan by the Planning Commission, I found"No Trespassing" signs
placed just beyond my access gates on the applicant's property. I am continually fixing
fence to keep the applicant's horses (including stallions) out and my customer's horses
safe. That is the kind of neighborly gestures I have received since the first hearing.
This area is too rich in history, beauty, and wildlife to destroy. The riparian areas and
historical sites are irreplaceable. I ask you, once again, not to allow the destruction of
such a unique area. I thank you for thoughtful consideration in this matter.
Sincerely,
Kristi Plutt 2001-2876
Weld County Resident
EXHIBIT
SENT BY:DOS 9-24- 1 ; 2:23PM ; DEKALB-, 970 304 6498;# 2/ 2
Davis Graham & Stubbs LLP
September 24, 2001
Mr. Kim Ogle
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: Platte Sand & Gravel,LLC/USR #1306
Township 4 North, Range 67 West
Weld County, Colorado
Dear Mr. Ogle:
This law firm represents Kerr-McGee Rocky Mountain Corporation ("KMRCC"),
formerly HS Resources, .Inc., owner of certain oil and gas leasehold interests in the above
captioned lands (the "Property"). The applicant and KMRCC have negotiated for the past six
months and are in the final stages of completing a surface use agreement covering the Properly.
KMRCC previously objected to the application, but withdraws its objection based upon the
parties' recent negotiations and anticipated completion of a surface use agreement.
Very truly yours,
Dustin M. Ammons
for
DAVIS, GRAHAM & STUBBS LLP
DMA/jw
cc:
C. Greneaux of KMRMC
__. DOS.WP-1/195715v I<iMnnnge>-117%PINE sand&liavvl.wpd
Soptomhr 24.2001 I:54 pm Dunin M.Arninuns 303 892 7488 . dustinammonsQEdgslrw.com
1550 Seventeenth Snort - 911110 I n11 • fxary ', Culrv.idn 00202 • 3U3 892„941%1 - fox iii i tin t l to EXHIBIT
www.dgslaw_corn I 440 It
SLAT BY;DGS : 9-24- '. 2:23Y1' . DEKALB- 370 304 6498.# 1/ 2
DAVIS GRAHAM& STUBBS LLP
Attorneys at Law
Suite 500
1550 Seventeenth Street
DENVER,COLORADO 80202
Telephone: 303-892-9400
Facsimile: 303-893-1379
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DATE: September 24, 2001 TOTAL NO. OF PAGES:
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TO: Kim Ogle
COMPANY: Weld County Department of Planning Services
CONFIRMING NO.:
FROM: Dustin M. Ammons EXT. 7488 LOC. 334
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MESSAGE
CAROL Harding - Docket#2001-69 Page 1
From: <TPF11419@cs.com>
To: <charding@co.weld.co.us>
Date: 9/23/01 12:55 PM
M
Subject: Docket#2001-69 r?',
Mr. Michael Geile, Chairman
Board of County Commissioners
Weld County, Colorado
Dear Mr. Geile:
This is a request to delay the hearing of Docket#2001-69, regarding Platte
Sand and Gravel for 4-5 weeks after the case is heard by The Planning
Commission on October 2, 2001. This request is because there is a large
number of members of the community who wish to attend the hearing. As noted
at the Hearing before the County Commissioners on August 22, 2001, there were
50 to 75 people who took the day off from work to attend the hearing which
did not take place on that day. The community is committed to attending the
Hearing of this case before The Planning Commission on October 2, 2001 and
these people will have to take another day off work the following week to
attend the hearing of this case before The County Commissioners on October
10, 2001. This is a fairly substantial economic hardship based on the fact
that these are working people, many of whom are farmers in the middle of
harvest. With all due respect, the applicant had ample time to prepare an
application prior to the first hearing before the Planning Commission on June
5, 2001.
At the Hearing of this case before The County Commissioners on August 22,
2001, The Commissioners expressed concern regarding the economic cost to the
applicant of additional time as well as the cost of procuring further expert
testimony. I am asking the Commissioners to please consider as well the cost
to the community for securing professional consults and legal advice. These
costs have been substantial.
These are not simply"business expenses"to be written of by big business but
a cost that is being borne by the entire community.
Thank you for your consideration of our concern regarding the date of the
Hearing of Docket#2001-69 by The County Commissioners.
Sincerely,
Jean Brandenburg
11419 WCR 36
Platteville, CO 80651
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EXHIBIT
CAROL Harding Re: Docket#2001769 Page 1W
From: CAROL Harding
To: "TPF11419@cs.com".GWIA.CENTDOMAIN
Date: 9/25/01 3:24PM
Subject: Re: Docket#2001-69
In response to your request to delay the hearing for Platte Sand and Gravel, I offer the following. The
applicant requested a Pre-advertisement of this case, which was approved by the Board at its September
12, 2001, meeting. The Board considered whether all surrounding property owners, as well as all those
who had attended the first hearing before the Board, would receive legal notice of the hearing. At that
time the Board granted the pre-advertisement and scheduled the hearing before the Board for October
10, 2001. Staff proceeded to set up the hearing, including sending the legal notice to the newspapers.
Staff is in the process of mailing legal notice to surrounding property owners. Upon receipt of your
request, the Board instructed staff to delay the hearing, if the delay was within legal and practical limits;
however, your request was received too late to retrieve the notice from the paper, and a portion of the
notices had already been mailed to surrounding property owners. Since legal notice has been published
and a portion of the notices mailed, it would be inappropriate to change the date of the hearing at this
time.
It is unfortunate that some individuals may find it difficult to attend this hearing or find themselves in a
position of having to choose which meeting to attend. Please assure them that written comments will be
given as much weight by the Board of County Commissioners as verbal comments, should they wish to
submit them prior to the hearing date. On October 2, 2001, the Planning Commission will determine
whether to recommend the project favorably or unfavorably to the Board of County Commissioners, and
on October 10, 2001, the Board of County Commissioners will determine whether to approve or deny the
case.
Comments may be sent by E-mail to chardinafa�co.weld.co.us, by mail to the Clerk to the Board, P.O.
Box 758, Greeley, Colorado 80631, or by dropping them off at the Clerk to the Board's office on the
Third Floor of the Centennial Center, 915 10th Street, in Greeley.
Because of your request, the Board of County Commissioners will consider a review of the
pre-advertisement procedure, to see whether changes should be made to assure this type of situation
does not occur again. If I may answer any further questions, please call our office at (970) 356-4000,
Ext. 4217.
Carol Harding
Office Manager
Clerk to the Board's Office
>>> <TPF11419@cs.com> 09/23/01 12:53PM >>>
Mr. Michael Geile, Chairman
Board of County Commissioners
Weld County, Colorado
Dear Mr. Geile:
This is a request to delay the hearing of Docket#2001-69, regarding Platte
Sand and Gravel for 4-5 weeks after the case is heard by The Planning
Commission on October 2, 2001. This request is because there is a large
number of members of the community who wish to attend the hearing. As noted
at the Hearing before the County Commissioners on August 22, 2001, there were
50 to 75 people who took the day off from work to attend the hearing which
did not take place on that day. The community is committed to attending the
Hearing of this case before The Planning Commission on October 2, 2001 and
these people will have to take another day off work the following week to EXHIBIT
.4a a
CAROL Harding Re: Docket#2001-69 Page 21,
attend the hearing of this case before The County Commissioners on October
10, 2001. This is a fairly substantial economic hardship based on the fact
that these are working people, many of whom are farmers in the middle of
harvest. With all due respect, the applicant had ample time to prepare an
application prior to the first hearing before the Planning Commission on June
5, 2001.
At the Hearing of this case before The County Commissioners on August 22,
2001, The Commissioners expressed concern regarding the economic cost to the
applicant of additional time as well as the cost of procuring further expert
testimony. I am asking the Commissioners to please consider as well the cost
to the community for securing professional consults and legal advice. These
costs have been substantial.
These are not simply"business expenses"to be written of by big business but
a cost that is being borne by the entire community.
Thank you for your consideration of our concern regarding the date of the
Hearing of Docket#2001-69 by The County Commissioners.
Sincerely,
Jean Brandenburg
11419 WCR 36
Platteville, CO 80651
CC: CMSRONLY; LEE Morrison
Davis Graham & Stubbs LLP
September 24, 2001
Mr. Kim Ogle
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: Platte Sand & Gravel, LLC/USR #1306
Township 4 North, Range 67 West
Weld County, Colorado a�
Dear Mr. Ogle:
This law firm represents Kerr-McGee Rocky Mountain Corporation ("KMRCC"),
formerly HS Resources, Inc., owner of certain oil and gas leasehold interests in the above
captioned lands (the "Property"). The applicant and KMRCC have negotiated for the past six
months and are in the final stages of completing a surface use agreement covering the Property.
KMRCC previously objected to the application, but withdraws its objection based upon the
parties' recent negotiations and anticipated completion of a surface use agreement.
Very truly yours,
Dustin M. Ammons
for
DAVIS, GRAHAM & STUBBS LLP
DMA/jw
cc:
C. Greneaux of KMRMC
DGS-WP-#3957 15v1<IManage>-1178 Platte Sand&Gravel wpd u R
September 24,2001 1 54 p Dustin M.Ammons . 303 892 7488 . dustin.ammons@dgslaw.com 81,Lis
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FROM : -RgPRO ENV SVCS FAX N0. 9705359854 Sep. 25 2001 10:45AM P2
AGREEMENT
This Agreement is made this day of June, 2001, and is between PATINA OIL &
GAS CORPORATION, a Delaware corporation ("Patina"), with an address of 1625 Broadway,
Suite 2000, Denver, Colorado 80202; PLATTE SAND & GRAVEL LLC, a Colorado limited
liability company ("Inning Company"), with an address of P. O. Box 180, Littleton, Colorado
80106;and THOMAS M. SHARKEY("Surface Owner"),with an address of 15430 Copperfield
Drive,Colorado Springs,Colorado 80921.
A. Surface Owner is the owner of the surface estate and Mining Company intends West,
mine a parcel of land located in Sections 26,34 and 35, Township 4 North,Range 67 and in Section 2, Township 3 North, Range 67 West, Weld County, Colorado ("Property"), more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference;
and
B. Surface Owner's ownership of the Property and Mining Company's mining
operations on the Property are subject to the rights of the oil and gas mineral estate, a portion of
which has been leased to Patina pursuant to the lease(s) identified on Exhibit"A" ("Leasehold");
and
C. Mining Company is applying for and will obtain a mining permit for an open cut
gravel mine and batch plant known as the "S & H Mine" ("Mine"). The Mining Company
anticipates that the Mine will be developed over a period of years from the date of this
Agreement;and
D. Patina has the right to deepen, recomplete or rework the existing wells("Existing
Wells") on the Property and identified on Exhibit"A"; and
E. Patina has the right to develop its Leasehold estate by drilling additional wells
(hereinafter referred to as "Future Wells") on the Property and/or deepening, recompleting or
reworking such Future Wells.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Notification
At least one year prior to the commencement thereof, Mining Company and
Surface Owner shall provide Patina with written notice of their intent to conduct any
mining operations or any other development of any type at a location within one-quarter
mile of the Leasehold.
EXHIBIT
� n
FROM RgPRO ENV SUCS FAX NO. : 9705359854 Sep. 25 2001 10:4EAM F3
2. concurrent Use Agreement
Upon receipt of said written notice, Patina, Mining Company and Surface Owner
shall negotiate in good faith to enter into a Concurrent
Company ncurrentaUsse d ur Agreement regarding e d the
development of the Property by Mining o operations or oth
erervand the
development of the Leasehold by Patina.No such mining p
ent
of the Property shall be commenced by the Mining Company the urfkce Owner until
such Concurrent Use Agreement has been executed by all parties
herThe Concurrent Use Agreement shall provide for, but not be limited to, the
following:
a Mining Company and Surface Owner shall provide Patina no less than a
200 foot radius around the Existing Wells for Patina's exclusive use for any
operations associated with the Existing Wells.
b. Identify the location of the Future Wells within the drilling windows
depicted on Exhibit"A". Mining Company and Surface Owner shall provide Patina
no less than a 200 foot radius around the Future Wells for Patina's exclusive use
for any operations associated with the Future Wells.
c. Mining Company and Surface Owner shall not plat surface property lines
or construct structures, fences or other improvements within 200 feet from the
location of such Future Wells and the Existing Wells or production facilities.
d. Identify the location of flowlines, pipelines, production facilities and access
roads for the Existing Wells and Future Wells.
e. Provide for exclusive easements for all flowlines, pipelines, production
facilities and access roads.
£ Provide for the relocation of the flowlines, pipelines, production facilities
and access roads at the sole cost, risk and expense of Mining Company and
Surface Owner.
g. Provide for an indemnity of Patina by Mining Company and Surface Owner
for any and all claims brought by the mineral owner(s) with respect to the
Concurrent Use Agreement.
3. Development P1 1s
Mining Company and Surface Owner have provided Patina with copies of the
proposed Pre-Mining Plan, Mining Plan and Reclamation Plan. Patina acknowledges
receipt of said Plans and has no objections to said Plans as submitted, provided, however,
such acceptance by Patina in no way waives Patina's rights or the obligations of Mining
x:UmSdnvid Plma irsdAgotda
FROM RgPRO ENV SUCS FAX N0. : 9705359854 Sep. 25 2001 10:47AM P4
Company and Surface Owner under the terms of this Agreement. Mining Company and
Surface Owner acknowledge that Patina may conduct oil and gas activities upon
Med
Leasehold and neither shall oppose Patina before any agency or governmental proceeding
if such oil and gas activities are proposed.
4. Representations
The parties represent to one another that each one has the full right and authority
to enter into this Agreement. Patina does not represent that it has tights to settle matters
for the mineral owners in the Property. Patina only has rights as a mineral lessee and this
Agreement only pertains to such rights as Patina may hold.
5. Successors
The terms, covenants and conditions hereof shall be binding upon and shall inure
to the benefit of the parties and their respective successors and assigns; provided, as to
Patina, successors and assigns shall be deemed to be limited to lessees under the oil and
gas leases which Patina owns.
6. Term
This Agreement shall become effective when it is fully executed and shall remain in
full force and effect until Patina's leasehold estate expires or is terminated,and Patina has
plugged and abandoned all Wells. When this Agreement ceases to be in full force and
effect,the parties shall execute any and all releases necessary to evidence the fact that this
Agreement shall no longer apply to the Property.
7. litoples.
Any notice or other communication required or permitted under this Agreement
shall be sufficient if deposited in U. S. Mail, postage prepaid, addressed to each of the
following:
If to Patina:
Patina Oil& Gas Corporation
1625 Broadway,Suite 2000
Denver,Colorado 80202
Attention: David Siple
If to Mining Company:
Rocky Hoffschneider D/B/A
Platte Sand&Gravel LLC
P. O.Box 180
Littleton,Colorado 80106
Attention: Rocky Hoffschneider
raeidw.He elm easAsis-ax
FROM : AgPRO ENV SUCS FAX NO. : 9705359854 Sep. 25 2001 10:47AM PS
if to Surface Owner:
Mr. Thomas M. Sharkey
15430 Copperfield Drive
Colorado Springs, Colorado 80921
Any party may, by written notice so delivered to the other parties, change the address or
individual to which delivery shall thereafter be made.
8. Recording
A memorandum of this Agreement or any amendment hereto, and any release
entered into pursuant to Section 6 above, shall be recorded by Patina, which shall provide
the other parties with a copy showing the recording information as soon as practicable
thereafter.
9. Aoplicable Law
This Agreement shall be governed by and construed in accordance with the laws of
the State of Colorado,without application of such state's conflict of laws rules.
10. Entire Agreement
This Agreement sets forth the entire understanding among the parties hereto
regarding the matters addressed herein, and supersedes any previous communications,
representations or agreement, whether oral or written. This Agreement shall not be
amended, except in written form signed by all parties.
The parties have executed this Agreement on the day and year first above written.
PATINA OIL& GAS CORPORATION
By:
Name: David W. Siple
Title: Vice President
PLAT SAND& GRA cL L ( '
By.
Name: Rocky H s
Title: Member
vIlanattlevitMatteSandAtgat dm
FROM : AgPR0 ENV SUCS FAX NO. : 9705359854 Sep. 25 2001 10:4BAM PE
STATE OF COLORADO )
CITY AND )ss.
COUNTY OF DENVER )
Poi%0601-
The foregoing instrument was acknowledged before me this AI, day ofdtixe; 2001, by
David W. Silie as Vice President of Patina Oil & Gas Corporation, a Delaware corporation, on
behalf of said corporation.
gHARyyh4
[SEAL] .1%1 O• 9 �f,
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My commission expires:q•5 - O i •; ; :3
Notary Public 'n�o� .4 IC
i1t .CoRAo-=
STATE OF COLORADO )
)ss.
COUNTY OF W( 1� ) �o c�
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The foregoing instrument was acknowledged before me this a day of]ante 2001, by
Rocky Hoffschneider, as 'r` 1` 5'z"er of Platte Sand and Gravel,LLC, a Colorado
limited liability company on behalf of said limited liability company.
[SEAL]
My commission expires'
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF ) t�
The foregoing instrument was acknowledged before me this rQ P day of dune; 2001, by
Thomas M. Sharkey.
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FROM :_ AgPRO ENV SVCS FAX NO. : 9705359854 Sep. 25 2001 10:49AM P7
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Weld County Refal
August 29, 2 4;
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COLORADO . ._
The Weld County Department of Planning Services has received the following item for review:
Applicant Platte Sand & Gravel, LLC Case Number USR-1306
c/o Tom Haren of AgPro,
LLC
Please Reply By September 19, 2001 Planner Kim Ogle
Project Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including a Concrete, Asphalt, Pre-cast Batch
Plant and Gravel Mining in the A(Agricultural)Zone District.
Legal Parts of the SE4SE4 of Section 23; Parts of the SE4NE4, SW4NE4, SE4SW4,
and SE4NW4 of Section 26; Parts of the NE4NE4 and SE4NE4 of Section 34 and
parts of the NE4NW4 and SE4SW4 of Section 35, T4N, R67W and parts of the
E2 and E2W2 of Section 2, T3N, R67W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to WCR 36; approximately 2640 feet south of WCR 44 and
west of and adjacent to WCR 23.
Parcel Number Various k
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) October 2, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
'p• See attached letter.
Comments:
Signature C- So2 i.---7-Z0Z�� ✓ Date 1/..4-0/0/Agency P44 ��� _,e 7c.o
EXHIBIT
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6
Platte Valley Soil Conservation District
57 West Bromley Lane- Brighton, CO 80601 - Phone (303) 659-7004- Fax(303) 659-1768
September 19, 2001
CASE NUMBER: USR-1306
PROJECT: Site Specific Development Permit and Special Use Permit for mineral
Resource Development Facilities
PLANNER: Kim Ogle
NRCS REPESENTATIVE: Andrea Vialpando, Soil Conservationist
In consultation with the Natural Resources Conservation Service(NRCS), we have
reviewed the above referenced case and have the following comments:
NOTE: Based on the map included with this application approximately 1330 acres will be
mined based on digital planimeter measurement. The previous application that was
submitted to us last January was for approximately 1800 acres. The land north of the
South Platte River appears to have been removed. If this is the case, the legal description
should be amended to exclude this area and the acreage amount in the letter from AgPro
dated 8/27/01 should be reduced. If the original acreage is correct, then the maps
submitted to us are incorrect and should be changed. The map submitted to us with the
current application is attached. The comments below are pertinent to the acreage as show
in the map in the current application.
SOILS/LIMITATIONS: The application did not address the kinds of buildings or waste
disposal needed for this facility. Below is a summary of the soil limitations that could be
encountered if this land is developed:
For Septic Systems: The Altvan loam 0%to 1% slopes and Aquolls and Aquents gravelly
susbstratum have severe limitations because of slow percolation. The Altvan loam 0% to
3% slopes, Bankard sandy loam 0% to 3% slopes and the Dacono clay loam 0%to 1%
slopes have severe limitations because of poor filter materials. The Aquolls and Aquents
gravelly susbstratum have severe limitations because of flooding and wetness. The Ustic
Torriorthent soil has moderate limitations because of potentially steep slopes.
For Small Commercial Buildings: The Aquolls and Aquents gravelly susbstratum have
severe limitations because of flooding and wetness. The Bankard sandy loam 0% to 3%
slopes has severe limitations because of flooding. The Ustic Torriorthent soil has moderate
limitations because of potentially steep slopes.
CONSERVATION - DEVELOPMENT-SELF-GOVERNMENT
PRIME FARMLANDS: This majority of this land is not considered prime farmland.
There are 63.5 acres of prime farmland out of the total 1330 acres covered by this
application, most of which is located in the southeast quarter of section 26 (see attached
soil map). The NRCS definition of prime farmland is farmland with soil and water
resources adequate to grow most adapted crops. While the majority of irrigated cropland
in this application does not meet this definition, it remains productive farmland. Mining
activities will interfere with the farming operation and will result in substantial losses of
productive farmland.
SOIL EROSION POTENTIAL: Most of the soil covered by this application is
considered highly erodible and should be protected. Mining or construction on this soil
should be planned so as to disturb as little soil as possible and measures should be taken to
prevent soil movement offsite.
The application must include an adequate revegetation plan. Please see the attached
revegetation plan developed by Norm Wells in May of 2000 and the comments submitted
with USR-1306 in January 2001. Changes shown in the January comments supercede
portions of the May revegetation plan where they are in conflict. The information in these
articles should be used to develop a revegetation plan to be included with this application.
The new application mentions that the topsoil will be replaced and sloped as mining
progresses but that these areas will not be seeded until the 20 years of mining will be
completed. This presents a serious erosion problem. We recommend that as mining
progresses and topsoil is replaced and sloped, the land is also seeded to the native grass
mix included in previous comments as soon as possible after sloping is completed.
Waiting several years to seed will permit excessive soil erosion and may significantly
change the finished slopes.
OTHER: The Old Fort Saint Vrain Ruins, a potential cultural resource, are located on this
property in the southeast corner of section 26 according to the USGS topological map.
The State Historical Preservation Officer should be contacted regarding the value of this
site and how it should be protected from mining activities. This application should not be
approved until this issue is addressed.
The District welcomes the opportunity to review and comment on proposals such as this.
Conservation and wise use of out natural resources are foremost in our goals and
objectives. We look forward to working with you in the future. If you or the applicant
should have any questions, please feel free to contact the NRCS representative at 303-659-
4177.
Sincerely,
nc C
District Board of Supervisors
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PAGE 25 a!
_ I Scottdale Ranch Location Map
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USDAUnited States Natural Resources Brighton Field Office
�_ Department of Conservation USDA Service Center
aAgriculture Service 57 West Bromley Lane
(NRCS) Brighton, CO 80601-2697
Telephone: 303 659-0525 http://www.co.nrcs.usda.gov Fax: 303 659-1768
May 8, 2000
Environment , Inc .
7985 Vance Drive, Suite 205A
Arvada, Colorado 80003
RE: Scottdale Ranches
Vegetative Information for proposed mining operation
Enclosed, please find a copy of the NRCS soils map for the
above property as well as soils descriptions, engineering
properties and physical and chemical properties information.
Additional information can be found in the publication Soil
Survey of Weld County, Colorado, Southern Portion ' . None of the
soils found on this parcel would be classified as -prime
farmland' .
Vegetation over the area includes irrigated cropland, irrigated
pasture and hayland, native pasture (rangeland) and riparian
areas . The irrigated fields are used to grow corn and small
grains . These fields are mainly on the upland areas towards the
north end of the property. That area between the Western Mutual
Ditch and the oil well road in the bottom is primarily
rangeland. Most of this area is classified as a Salt Meadow
Range Site . Switchgrass, alkali sacaton, tall wheatgrass and
tall fescue dominate the site, with production ranging from
2, 000 to 3 , 000 pounds per acre per year. Some of the lower .
areas have been leveled and planted to a cool season pasture
mix (brome and orchard grass) . Some native grasses are starting
to invade these areas . Alfalfa has been seeded into some areas
but is generally short lived due to the high water table .
Production will probably range form 1 . 5 to 3 . 5 tons per acre
per year.
The riparian areas follow the South Platte River channel
and vary from grasses to a mixture of trees and shrubs . There
are other small wetlands ' scattered throughout the property,
as evidenced by the vegetation. I would recommend contacting
the the Army Corp. of Engineers regarding the mitigation
aspects of destroying these wetlands .
The Natural Resources Conservation Service works hand-in-hand with
the American people to conserve natural resources on private lands AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
As mining is completed, reclamation of the disturbed areas
should begin immediately. All topsoil should be stockpiled
before excavation begins and then applied back to the area
before seeding. It would also be recommended to take a soil
sample for fertilizer recommendations, as well as salts . As a
minimum, 40# N and 40# P should be applied. All slopes should
be kept to 4 : 1 or flatter . All drainage should be diverted away
from the slopes, if at all possible .
The following seed mix would be considered a general
recommendation:
Lovington Blue Grama 20% @ 3 . 0# = . 6# PLS/AC.
Vaughn Side Oats Grama 30% @ 9 . 0# = 2 . 7# PLS/AC .
Rosanna Western Wheatgrass 30% @ 16 . 0# = 4 . 8# PLS/AC.
Oahe Intermediate Wheatgrass 20% @ 18 . 0# = 3 . 6# PLS/AC.
A more site specific mix could be developed, once the end use
is determined. ( i . e . wildlife, grazing, etc . ) The above rates
are based upon NRCS critical area seeding rates . It is highly
recommended to use a grass drill for the seeding operation.
Once the grass is seeded, mulching with 3 , 000 - 4 , 000 # of
native hay or clean, bright, weed free straw is recommended.
The mulch should be applied evenly and then -crimped ' into the
soil . Crimping should take place on the contour of all slopes .
Successful stand establishment can only take place with proper
weed control . Control methods can be either mechanical or
chemical . Labeling needs to be strickly adhered to when using
chemicals .
I hope this information is satisfactory to your needs . Should
you need additional information, please feel free-to call me.
Sin erel
/
No man J. Wells, ,I
Di trict onservationist
NMI
Platte Valley Soil Conservation District
57 West Bromley Lane - Brighton, CO 80601 - Phone (303) 659-7004 - Fax (303) 659-1768
January 19, 2001
CASE NUMBER: USR-1306
PROJECT: Site Specific Development Permit and Special Use Permit for a Concrete,
Asphalt and Pre-Cast Batch Plant and Gravel mining Operation
PLANNER: Kim Ogle
NRCS REPESENTATIVE: Andrea Leonard, Soil Conservationist
In consultation with the Natural Resources Conservation Service (NRCS), we have
reviewed the above referenced case and have the following comments:
SOILS/LIMITATIONS: The application did not address the kinds or buildings or waste
disposal needed for this facility. Below is a summary of the soil limitations that could be
encountered if this land is developed:
For Septic Systems: The Altvan loam 0% to 1% slopes, and Aquolls and Aquents gravelly
susbstratum have severe limitations because of slow percolation. The Colby loam 3% to
5%-slopes,--Haverson-loam-0%-0-to--1%o slopes, Kim loam 1% to 3%aslopes,_Kim loam 5%ta_9% slopes, Weld loam 1% to 3% slopes and Wiley-Colby complex 1%to 3% slopes have
moderate limitations because of slow percolation. The Altvan loam 0% to 3% slopes,
Bankard sandy loam 0% to 3% slopes, Cascajo gravelly sandy loam 5% to 20% slopes,
Dacono clay loam 0% to I% slopes have severe limitations because of poor filter
materials. The Aquolls and Aquents gravelly susbstratum have severe limitations because
of flooding and wetness. The Haverson loam 0% to 1% slopes have moderate limitations
because of flooding. The Nelson fine sandy loam 3% to 9% slopes and Tassel fine sandy
loam 5% to 20% slopes have severe limitations because of shallow depth to bedrock.
For Small Commercial Buildings: The Aquolls and Aquents gravelly susbstratum have
severe limitations because of flooding and wetness. The Bankard sandy loam 0% to 3%
slopes and the Haverson loam 0% to 1% slopes have severe limitations because of
flooding. The Cascajo gravelly sandy loam 5% to 20% slopes, and the Tassel fine sandy
loam 5% to 20% slopes have severe limitations because of potentially steep slopes. The
Colby loam 3% to 5% slopes, Kim loam 5% to 9% slopes, and the Nelson fine sandy loam
3% to 9% slopes have moderate limitations because of potentially steep slopes. The Weld
loam 1% to 3% slopes and Wiley-Colby complex 1% to 3% slopes have moderate
limitations because of the shrink-swell potential of these soils.
PRIME FARMLANDS: This land is not considered prime farmland.
CONSERVATION - DEVELOPMENT-SELF-GOVERNMENT
SOIL EROSION POTENTIAL: Most of the soil covered by this application is
considered highly erodible and should be protected. Mining or construction on this soil
should be planned so as to disturb as little soil as possible and measures should be taken to
prevent soil movement offsite. Please see the attached revegetation plan developed by
Norm Wells last May. We would recommend the following additions/changes to the
revegetation plan sent in the application package:
1. The applicant needs to contact Ron Broda, Vegetation Weed Management
Specialist with the Weld County Public Works Department at (970) 356-4000 X
3770 to develop a weed management plan. A weed management plan developed in
concurrence with Weld county is recommended as a means of controlling noxious
and other weeds. The application mentions weed control but did not specify the
source of its planning information.
2. The application specifies reclaimed perimeter slopes to be restored to 3 feet
horizontal to 1 foot vertical. Slopes steeper than 4 feet horizontal to 1 foot vertical
cannot be seeded with a grass drill which will provide the best chance for stand
establishment. We recommend that the applicant revise the revegetation plan to
include perimeter slopes at 4:1 or shallower.
3. The application mentions applying 40 pounds per acre Potassium (P205) if a soil
test reveals a need for additional fertilizer. Potassium (P205) should be replaced
with Phosphorus (P205).
4. We recommend that the applicant test the soil for salinity (electroconductivity) in
addition to fertilizer requirements. This area has an abundance of salt tolerant
vegetation growing on it which indicates a potentially saline soil. If the soil is high
in salts it may be necessary to plant salt tolerant grasses which will change the
grass mix recommended by the NRCS.
5. It is not recommended that the applicant perform fall seeding prior to November 1.
Seeding before soil temperature drops below what is needed for germination may
enable the seed to break dormancy and begin growth. There is not enough time
between September and the first hard frost for the grass to become established
enough to survive the winter. We also recommend that planting not occur after
April 30. Seed planted later in the spring and summer will not have matured
enough to compete with weeds for moisture by the time soil water becomes scarce
and the weather turns hot. Planting should occur between November 1 and April
30 into unfrozen soil.
6. No mention was made in the application as to how the new grass seeding would be
protected from erosion. Weed cover will protect the ground from eroding but will
not allow the grass to germinate because weeds are better competitors than grass
seedlings for soil moisture. We recommend that the applicant follow the
recommendations for mulching sent by the NRCS (see attached).
7. The application mentioned that topsoil stockpiles would be protected from soil
erosion by seeding them with two pounds per 100 square feet Western wheatgrass
seed. Western wheatgrass is an excellent native grass with high wildlife value but
is not the best species for temporary cover. We recommend that the applicant plant
5 pounds pure live seed per acre Crested wheatgrass `Ephraim' using a grass drill,
or twice that amount if the seed is broadcast. Crested wheatgrass grows much
faster than Western wheatgrass and will provide better erosion control.
OTHER: The Old Fort Saint Vrain Ruins, a potential cultural resource, are located on this
property. The State Historical Preservation Officer should be contacted regarding the
value of this site and how it should be protected from mining activities.
The District welcomes the opportunity to review and comment on proposals such as this.
Conservation and wise use of out natural resources are foremost in our goals and
objectives. We look forward to working with you in the future. If you or the applicant
should have any questions, please feel free to contact the NRCS representative at 303-659-
4177.
Sincerely,
District Board of Supervisors
September 24, 2001
•Q'r
Mr. Kim Ogle u,>l
Weld County Department of Planning Services
1555 N. 17`h Avenue
Greeley, CO 80631
Dear Mr. Ogle:
We are writing in response to the recently revised application for a Use By Special
Review Permit (#1306) by Platte Sand & Gravel, LLC. The recent revisions to the
original application suggest adjusting the initial size of the sand & gravel mine site, and
changing the proposed permit length to 20 years.
As nearby property owners and residents we maintain our strong opposition to
USR#1306 in its revised form. These revisions do not address the primary concerns that
we have about this proposed operation. These basic concerns include:
• Incompatibility of the proposed operation with the surrounding area.
• Incompatibility of the proposal with future development plans in the area.
• Lack of mitigation in the USR#1306 traffic study for the substantial
increase in heavy truck traffic on adjacent, unpaved county roads.
• Lack of any adequate plan to assure the safety of RE-1 School District
children on county road bus routes in conflict with the operation's
proposed haul route.
• Inadequate protection for our health, safety and welfare as county
residents.
It remains very clear to us that we would experience serious, negative impacts from
industrializing our neighborhood; and from overloading our county roads that are not
designed for the intensity of heavy truck traffic and vehicle volumes proposed. These
impacts will bring about a substantial loss in our rural life values, and a financial burden
from a decrease in our property value.
Please give our concerns your honest consideration; and please acknowledge our
opposition to the Weld County Planning Commission in your administrative review
during the hearing on October 2, 2001.
Sincerely, Ritz c),{4.4
\ R, ,,„itdray
Bruce Rippe & Jean Brandenburg
11419 Weld County Road 36
Platteville, CO 80651
EXHIBIT
51
/.
i
September 22, 2001
Mr. Kim Ogle, Planner
Weld Country Planning Dept.
1555 N 17th street
Greeley, CO 80631
Dear Mr. Ogle,
I am not in favor of the proposed sand and gravel operations (Platte Sand
& Gravel, Owens Brothers and Aggregate Industries) at this time due to
the fact that the elementary school in Platteville is on the route that their
trucks would travel. This is a very busy intersection of two highways and
the parents and school buses dropping off kids. Come and see for
yourself what this is like at 7:30 am to 8:15 am and again at 2:45 pm to
3:15 pm.
Respectfully yours,
a.-)n" o vv a
Debra S. Deselms
EXHIBIT
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EXHIBIT —__A o ''
Weld County Referral
111 I August 29, 2001 9
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Platte Sand &Gravel, LLC Case Number USR-1306
c/o Tom Haren of AgPro,
LLC
Please Reply By September 19, 2001 Planner Kim Ogle
Project Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development Facilities including a Concrete, Asphalt, Pre-cast Batch
Plant and Gravel Mining in the A(Agricultural)Zone District.
Legal Parts of the SE4SE4 of Section 23; Parts of the SE4NE4, SW4NE4, SE4SW4,
and SE4NW4 of Section 26; Parts of the NE4NE4 and SE4NE4 of Section 34 and
parts of the NE4NW4 and SE4SW4 of Section 35, T4N, R67W and parts of the
E2 and E2W2 of Section 2,T3N, R67W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to WCR 36; approximately 2640 feet south of WCR 44 and
west of and adjacent to WCR 23.
Parcel Number Various
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
tivet espplease se to thletDepartment
of Pllaaced Serviith ces.
re If yoyou
have any further
questions regarding the app'
t.
Weld County Planning Commission Hearing (if applicable) October 2, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature It t /; NNYLi Al 1
/ -t-L4iIttO
Le� l . I,(/ ;DateAgency {�� � 1 L-C y- ?Gyi
J EXHIBIT
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6106 ext.3540 4(970)30.
To: Weld Planning Commission
Re: Platte Sand and Gravel Co application to mine the Scottdale Ranch
From: Diane Brotemarkle, Ph.D ( University of Denver, English, 1985)
Date: September 24, 2001
I am the author of a recent publication about the historical importance of Old Fort St.
Vrain, a site that is recently owned by the Platteville Pioneer Museum, City of
Platteville, and has been confirmed as a Colorado Commemorative Site by the
Colorado Historical Society. It is in process of being nominated to the US. Register of
Commemorative Sites. It has long been on the DAR Register of historically important
sites. It lies along our earliest trails, including the Trappers Trail, the Taos Trail, the
Cherokee Trail and on occasion, the Overland Trail. I live not far away myself--and I
look with deep concern on all the explosions of development in my neighborhood.
When the applicant Thomas Sharkey purchased the ranch, he did know that his
plans for mining were not simply a land owner's rights but would require a special
permit. The issue before the Planning Commission is whether his application is
justified by some special circumstance. His view is that the need for gravel in the
construction industry constitutes such a circumstance. My view is that existing
operations along the South Platte river are sufficient to meet the construction industry
need. As a commuter along State Highway 66 south of Platteville and along U.S. 85, I
can tell the commissioners that these routes are now overloaded and are the sites of
weekly accidents. Daily traffic hazards are beyond belief. Although Varras gravel
interests along Colorado 66 have built a "turn lane"--their drivers stay in the outside
lane in order to allow Varras's outbound trucks to turn onto eastbound Hwy 66. Traffic
halts, those cars then line up behind another gravel truck, the opposite lane is
crowded and passing dangerous if not impossible. This situation will become much
worse as more and more mining operations flourish.
Mr. Sharkey has testified that he will create rules about considerations for other
drivers for his own trucks, but as many as 65% of the trucks will not be his company's
and need not follow his rules. They can use any public road they choose as a haul
route. They can be as inconsiderate about sharing the roads as they choose. The
safety problem is extrememly serious.
Our local historical society, of which I am President, has not taken a stand for or
against the gravel mine, but our hearts go out to those of our neighbors whose wells
may go dry, whose environment will be filled with dust and noise, whose farm vehicles
may not have opportunities to move from field to field in a timely manner. And we are
concerned that the historic landscape around Fort St. Vrain be kept in its near-pristine
state so that visitors to Fort St. Vrain Commemorative site can feel what it was like
almost two hundred years ago when traders and trappers worked there. Keeping the
area zoned as agriculture is a better use toward this goal while permitting industrial
plants (for cement or asphalt or anything) will greatly detract from this historic
landscape. Mr. Sharkey is willing to cooperate with us about this issue and
archaeological concerns, but at this time no one knows quite which ground should be
preserved and we will not know until ground penetration radar studies can be
accomplished. A gravel pit in that area MAY disturb ancient Indian burials, bones of
extinct Paleolithic animals, and graveyards for the first whites in the area, as one is
said to lie north of Old Fort St. Vrain. This, too, is a concern. The further south along
his property the plant is constructed and the rock piles stored, the better for making
Fort St. Vrain into an area such as a picnic ground or historical reconstruction of some
kind for public use and education.
These are our concerns. Safety on crowded State Highway 66 and US 85 are
the highest priority. Preservation of historic landscape around Old Fort St. Vrain, the
cradle of Weld County government and a place of much historical value, is second.
Your truly,
te),
Diane Brotemarkle
President, Platteville Historical Society
Hello