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Home My WebLink About20011085.tiff DAVE & CAMERON McCLUSKEY 512 Sherwood Court Windsor, Colorado 80550 970-674-0189 e-mail:windsordave(u)hotmaiLcom camclusk(a)hotmaiL com January 25, 2001 weld County Planning DePt' Weld County, Colorado Mr. Chris Gathman j.'tC- Department of Planning Services 1555 North 17th Avenue RECEIVED Greeley, CO 80631 Re: Case Number AmUSR-571 Dear Mr. Gathman: Thank you for visiting with me on the phone the morning of December 18, 2000. I appreciate your thoughts and comments. Although my wife and I have other commitments and will not be able to attend the meeting regarding Weld County Planning Commission Case Number AmUSR-571 on February 6, 2001, we would like to go on record as opposing any modification to the existing Hall-Irwin Construction mining operation for the following reasons: 1. The operation currently uses pumps to facilitate the pumping of water from the large lake/pond on the site into the Whitney Ditch located north of the Poudre River. These pumps have run 24 hours a day for long periods of time during the course of the past year. We and our neighbors listened to these pumps for 24 hours a day for approximately two months in the summer of 2000 while bottom soil was being extracted from the lake bed to be used as fill for a nearby property development. When our subdivision was initially developed, there was a quiescent pond behind us that was a food source to numbers of water birds; this pond is now virtually an empty hole supporting little except equipment and excess noise throughout the nights and days. We suspect that expansion of the current mining operation will create more noise from similar sources at all hours of the day and night. Noisy equipment is currently running 24 hours a day at the site. Do the parameters of the original mining approval authorize noisy equipment running on a 24 hour basis? Will the parameters of an amended mining authorization allow the same? 2. To the best of my knowledge a study has not been completed as to how the expanded operation would effect the surrounding residential area. More specifically, I question what kind of particulate matter and fugitive emissions will result from the mining. Although the plan modification calls for the spraying of surrounding grounds with water while transporting matter, I did not see any mention of a scientific study regarding particulate matter and fugitive emissions and how they will effect the neighborhood, and more importantly, the inhabitants of the 2001-1085 Dept. of Planning Services January 25, 2001 Page Two neighborhood. It only seems logical that a study would be required before such a modification of the existing original mining permit is approved. We noticed increased levels of dust and particulate matter throughout our home at the time of the lake excavation during the summer of 2000. It is a given that an on-going aggregate mining operation would create particulate pollution. How much pollution would be created? Would it create any kind of air quality problems for the area? 3. I believe the area to be expanded for mining is a part of the Poudre La Cache Water Basin Unit. Any time anyone digs down and extracts matter from the ground, and by doing so exposes the water table to equipment and other factors, there is a good chance for introduction of surface water pollution to the exposed water table. If I am not mistaken, there is a public water system well on the north side of the proposed mining expansion site. It is sandwiched between the expansion site and Colorado Highway 392. Will there by any endangerment to the quality of the water that is pumped from the well? Has a study been done to address this issue? Are there any conflicts between the mining expansion plans and the Safe Drinking Water Act of 1986? The State of Colorado has a voluntary participation program in Wellhead Protection for public water systems. Are any wellhead protection statutes in place for the public water system well that adjoins the property that would effect the expansion plans? 4. Can any non-point source pollution be created from such an expansion plan? Non-point pollution is caused by rainfall or snow melt moving over and through the ground. As runoff moves across the ground it picks up and carries away natural and manmade pollutants, depositing them into lakes and streams, and in this case probably into a sandpit which will be part of an exposed water table at the mining expansion site of Hall-Irwin Construction in the Poudre La Cache Water Basin Unit. The Water Quality Control Division of the Colorado Department of Public Health and Environment states, "it is estimated that non-point sources of pollution contribute to over 50% of the water pollution problems in Colorado." It would appear this expansion would be an open door for such pollution. Has any discussion or planning occurred regarding this issue? In conclusion,please submit our strong opposition to the expansion plan that has been presented to the Commission. We believe that a number of issues remain to be addressed. It also appears a better site could be found which would be more distant from the established community and that could provide the aggregate materials that are needed by Hall-Irwin Construction. Re fully, Dave & Cameron McClu y A6 . 17 . 2000 4: 56:M9 No • 3527 P . 2/4 111111111111 IIIIiII !11111111 Ili! 1111111 III 11111 III! 1111 . 2787848 08/16/2000 03:33P JA SukiTsukamoto 1 of 3 R 15.00 0 0.00 Weld County CO GRANT OF EASEMENT (Hall/Roth) A THIN GRANT OF RIGHT-OF-WAY EASEMENT made and entered into this /if day of Hu , 2000, by and between George W. Hall and Betty Jane Hall, 3026 4 Avenue, Greet ey CC000rado, 80631 (hereinafter referred to as the"Grantor"),and Jerry R.Roth and Sheila M. Roth, 6686 Highway 392, Windsor, Colorado, 80550 (hereinafter referred to as the "Grantee"). BACKGROUND OF GRANT OF RIGHT-OF-WAY EASEMENT: The following background statements are provided to aid in the understanding and interpretation of this document: A. Grantor is the owner of the following described real property ("Property A"): see attached Exhibit A. B. Grantees are the owners of the following described real property ("Property B"): Lot B of Recorded Exemption#2767, located in the NE 1/4 of the NW 1/4 and NW 1/4 of NE 1/4 of Section 19,Township 6 North,Range 67 West of the 6"P.M.,Weld County, Colorado. C. Grantor desires to grant Grantees an easement and right-of-way for ingress and egress over Property"A" and for the benefit of Property"B". GRANTOR HEREBY GRANTS, SELLS AND CONVEYS. TO GRANTEES, their heirs and assigns an easement and right-of-way for ingress and egress over Property A as an access to Property B under the following terms: For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor has this date bargained, conveyed, delivered,transferred, and sold,and by these presents, does bargain,convey,deliver,transfer and sell unto the Grantee, its successors and assigns, a non-exclusive easement for access, said easement being described as the presently existing "haul road" on Property A which shall be used by the Grantee for access to Property B(hereinafter referred to as the"Easement"). The Easement shall not be wider than 30 feet and shall connect Property B to Weld County Road 13. This easement shall terminate and no longer be effective or useable by Grantee when Property B, or any part of it has access to a publicly maintained access road. s:\wpcuvw.uwinaeth.3. $2.-a.aian.u-00nr•u.vd EXHIBIT My 23,2030(d:02PM) Aug , l , 2000 4: 56PM No . 3527 P . 3/4 I Tout asimili iu oolI III! r'I III II1II IIII III1 2787648 08/1612000 03:33P JA a..., Tsuloimoto 2 of 3 R 15.00 0 0.00 Weld County CO The Easement is for the benefit of and appurtenant to that land described above as Property ,-" B. The Grantee shall maintain the Easement at all times in good condition and further shall be responsible for adequate snow and trash removal thereon,and this shall constitute a covenant tanning with the land, and binding upon Grantee's successors and assigns except that this Easement shall terminate and no longer be effective or useable by Grantee when Property B, or any part of it has access to a publicly maintained access road. Any liability for personal injury to Grantee, its employees, agents and invitees, or any third persons, as a result of or arising out of or relating to the use or occupancy of the Easement by Grantee shall be borne by Grantee. Further, Grantee agrees to indemnify and hold harmless Grantor, its successors and assigns against any loss or damage which results from, arises out of, or is attributable to the use of the Easement whether or not such use is permitted hereunder. At such time and in the event the Easement shall be abandoned for a period of one (1)year, the property interest of Grantee therein shall immediately terminate and shall thereafter revert to Grantor, its successors and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set their hand the day and year first above tten.421:171 � `. :Gadrge W'Hall L--' I J STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Subscribed and sworn to before me this /AI day° O1 ,,...4 , 2000 by George W.Hall and Betty Jane Hall. Witness my hand and official seal. ,per .esti' Sion expires: I�i G ' A .‘'.O•41....t. IS Nota Public A4: .r' storC'�''c I r\ SAWptmMll.t fnrinUtntllkm wmwMEwmaa7aF00.KmLwpd lug 2t,2000(a'02PM) Cage 2 of 2 i `, EXHIBIT G —WATER INFORMATION S S r This information follows the requirements as outlined in Section 6.4.7. EXHIBIT Surface Water I 20 The operation is not expected to directly affect surface water systems. � Aquifers The only aquifer under the site is the Valley Fill Aquifer. 9 Dewatering 9 Water from dewatering operations will be pumped into a pond on the adjacent La Poudre site (refer to Mining Plan Map). Runoff from disturbed areas, piled material and operating surfaces will be diverted onto the mine and discharged via the dewatering system. Undisturbed areas will be • maintained as pasture or another suitable cover crop to control weeds and prevent erosion. All areas disturbed by the mining operation will be revegetated per the reclamation plan. + Project Water Requirements Water lost with material— 15 acre-feet/year Dust control—5 acre-feet/year 9 Evaporation from dewatering trenches— 7 acre-feet/year Total— approximately 27 acre-feet/year Source of Water It is anticipated that all water for the operation of the site will be provided by groundwater. The applicant will use shares of the Whitney Ditch to replace depletions to the stream. We are in the + process of submitting a temporary substitute supply plan (tssp) application to the Office of the State Engineer for projected water requirements. We will forward the DMG a copy of the tssp upon request. 9 National Pollutant Discharge Elimination System (NPDES)permit The applicant will update the NPDES Permit for the La Poudre site to include this site. We will forward a copy of the permit upon request. 0 S 9 S 4 0 0 r S NORTH LA POUDRE RESOURCE Page-26- S 4 EXHIBIT February 5, 2001 Weld County Planning Commission Attention: Planner, Chris Gathman Case# USR 1316 Mr. Gathman: We, as residents of Westwood Village Subdivision adjacent to the Hall-Irwin mining property, have the following issues/concems that we would like to submit and discuss with the Weld County Planning Commission: 1.)Referring to the proposed Amendment to Existing Special Use Permit for wet open pit gravel mining from Hall-Irwin we would like to see application to be a separate permit and not tied to the existing permit. The original permit is now, because of the annexation, in the Town of Windsor, the legal description of the property to be mined is in Weld County, not the Town of Windsor. 2.) The existing open pit on the southeast boundary of Hall-Irwin that is adjacent to the Westwood Village Subdivision we would like to see cleaned up, ie: the mound of dirt, concrete, etc, to be removed and the property graded. We would like to have a reclamation plan submitted to the Town of Windsor with specific dates that the reclamation would be completed by. Our hope is that the process be completed before the end of 2001. 3.) We request that all proposed mining activities of the 38 acres be confined to just that area, including the storage of dirt, gravel, concrete debris, etc. Our uneasiness with an amendment to the existing permit is that it does not stop the dumping of(this type of) mining materials as it is done today, at the north end of the existing pit, which is literally"out our back door". r 4.) With our subdivision being in such close proximity to the proposed mine the hours of operation are a concern as well, we would like to see the min- ing not continue into the night as it did several years ago (before Westwood Village was developed but when Riverbend was complete). We, as citizens of Windsor and neighbors of Hall-Irwin, want to work with them and the town to make this combination of mining and family life as harmonious as possible. Thanking you in advance for taking the time to hear our concerns. Sincerely, The Westwood Village HOA Special Committee Contacts: Glenn and Sue Walberg& Rod and Alene Starkey r y 2 : \y. . \ d `\' :4 » ` . . .`. t ` , . z • : }�• ..\ y 4 y\ m . . . § \ - - , . / z 4 - ' ' � ' \ \ \ \ . \ !\ . 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