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Home My WebLink About20010216 Weld County Planning Dept. NOV 13 2000 November 9, 2000 Ms. Bethany Salzman RECEIVEDAGGREGATE Zoning Compliance Officer lNOIJSTRIES Weld County Planning 1555 N. 17th Avenue Greeley, CO 80631 Re: USR 877,Longmont Distel Operation Dear Bethany: Mike Refer and I appreciated having had the opportunity to meet with you, Julie Chester and Kim Ogle on October 16, 2000 regarding compliance issues related to the above-referenced operation, and the manner in which Aggregate Industries can mitigate concerns expressed by neighbors in the area. In accordance with our discussion at that meeting, operations personnel have been advised to keep the entrance to the Distel Operation closed to truck traffic outside of loading hours, and they are working on an entrance sign regarding hours of operation. Signs will also be posted stating that use ofjake brakes is forbidden on the property. In addition, asphalt plant and aggregate scale personnel are distributing letters to truck drivers regarding hours of operation. Copies of the letters are enclosed for your reference. For your records, the following summarizes our discussion of October 16, as well as other conversations that you and I have had: Noise/Hours of Operation Aggregate operations have, in the past, switched to a winter load-out start of 7:00 a.m. at the end of October. We did go ahead and change to the 7:00 a.m. load-out schedule on October 11 this year. The earliest aggregate load-out in the summer is 6:00 a.m. Although there are occasions in the summer when aggregate has loaded trucks slightly past its regular hours, their latest load-out is typically 4:00 p.m. throughout the year. The asphalt plant does not typically load-out until daylight, and they would only load out slightly past daylight if they were finishing the last loads required to go out to a job. Tankers delivering asphalt cement to the plant have gone onto the site in the early morning, and possibly very late at night, but the plant manager has called and advised the manufacturer that they are not to come to the site to make deliveries prior to 6:30 a.m. There is some maintenance activity at night, which is allowed under the County's standards and our permit. Such maintenance activity occasionally involves using a loader with a backup alarm, but that Aggregate Industries West Central Region,Inc. Connie Nickle Davis,Support Services 3605 South Teller Street P.O.Box 3121.Greeley,CO 80633 2001-0216 Lakewood, CO 80235 970-336-6526 Fax:970-378-6856 Telephone: 303-985-1070 An Equal Opportunity Employer 9 AGGREGATE mousraI[s Bethany Salzman, Zoning Compliance Officer, Weld County Planning November 9, 2000 Page Two would not be for a constant, extended period of time. Plant personnel have advised that such activity would typically not occur past 8:00 or 9:00 p.m. in the summer. I previously provided to you a copy of general safety and operational rules that the aggregate operation has been distributing to drivers for about the last six months. These rules include references to not using jake brakes and not coming onto the site outside of hours without specific permission. A copy of these rules is being distributed with the above-referenced letters to both asphalt and aggregate truck drivers. Another copy is also enclosed herewith for your reference. Odor Odor from truck and equipment diesel fumes would be very limited in association with the Distel Operation. During cold weather, Distel's equipment is plugged into electrical power at night to keep engines warm, eliminating the need for equipment to sit and idle after morning start-ups. Trucks are not dispatched from this site, so there are no trucks started and left to idle. If haul trucks waiting for load-out have contributed to an odor problem, our request that drivers not arrive on site before the gate is opened should lessen that problem substantially. As we have discussed, Centennial Backhoe has a fleet of trucks parked in an area adjacent to our operations. They do not have power available to plug their trucks into and keep the engines warmed. There are times when they start all of their trucks in the morning and let them idle, and that does result in diesel smoke and fumes that drift to the east, across and off of the Distel Operation. Dust Complaints regarding dust apparently were related to a crushed concrete stockpile. Moisture on this stockpile has created a crust that should eliminate any dust. Plant personnel will continue to apply water as necessary to assure continued dust suppression. During inspections conducted by Troy Swain of the Weld County Health Department on September 28 and October 5, no dust problems were noted. Oil in Groundwater Without more specific information, we are unable to determine the source for any complaints referencing oil in ground water. Troy Swain discussed this issue with plant personnel and inspected the area for evidence of any problems during his October 5 site visit, and he found no problems. On March 28, 2000, the Division of Minerals and Geology inspected the site, and their report states that there was no evidence of fuel spills during that inspection. Previous Neighborhood Issues and Mitigation Efforts One of the issues we discussed at our meeting on October 16, 2000 was whether Aggregate Industries has had past meetings with the neighbors to discuss their issues. Aggregate Industries has not only met with Connie Nickle Davis,Support Services P.O.Box 3121,Greeley,CO 80633 970-336-6526 Fax:970-378-6856 S AGGREGATE Bethany Salzman,Zoning Compliance Officer, Weld County Planning iNousreies November 9,2000 Page Three the neighbors, but we believe that we have an excellent record of mitigating their concerns. The following are some examples of past mitigation efforts: 1. We have assisted Ted Cox with various projects around his property by furnishing equipment and operators to help him. We have also tried to respond to him every time he has contacted us with a concern or question, whether it related to the activities on the mine site or to truck traffic on or the condition of the county road. 2. We replaced the doors and windows of Jesse Thomas's house to help alleviate dust problems they were experiencing. We also helped to upgrade Thomas's air conditioning unit in response to their belief that the unit was required to work harder since they had to keep windows and doors shut more frequently to help reduce dust and noise. 3. We worked very closely with the Schell family to mine their property and help them establish a lake as an end use. A concrete slab was provided to assist with dust abatement around their home. To further reduce dust problems, we also negotiated a plan that would have allowed for paving of the road up to their house, however they have not to date made arrangements for having the work done. When Schell's contacted us and advised that they were unable to keep their windows open at night because of generator noise, we purchased and installed an air conditioning unit for their house. 4. The generator that was being run at night was used to maintain required material temperatures at the asphalt plant. Various other portable generators were also used in our aggregate operations during the day. We have now had a high power line installed to the site, at our expense, allowing us to eliminate the use of portable generators, and thus eliminate the noise. 5. For the benefit of all area residents, we paved the entrance road from County Road 20 '/z into the mine site during the fall of 1994, to reduce dust created by traffic on that road. I believe the above addresses the issues as we have discussed them. Aggregate Industries is committed to being a good neighbor and treating our communities with integrity and respect. It is our sincere hope that the mitigation measures that we have taken will resolve the concerns expressed by area neighbors. Please keep us advised if there are any other matters that require our attention. Very truly yours, Connie Nickle Davis Support Services Representative Enclosures Cc: Aggregate Industries, West Central Region, Inc. Mike Refer, Vice President of Administration and Public Affairs Pat Ward, Vice President/General Manager, Aggregates Division Jim McFarland, Vice President/General Manger, Asphalt Division Mark Helm, Northern Operations Manager, Aggregates Division Herman Altergott,Northern Operations Manager, Asphalt Division Connie Nickle Davis,Support Services P.O.Box 3121,Greeley,CO 80633 970-336-6526 Fax:970-378-6856 October 30, 2000 �± . GG REG ATE To All Asphalt Haulers Loading Out of Longmont Distel: In response to concerns expressed by some of our neighbors in the area of the Longmont Distel Operation, please be advised that the Distel Operation is now operating on its winter schedule. Under this schedule, load out of asphalt material occurs from 7:00 a.m. until sunset. In order to maintain compliance with our hours of operation, the entrance gate to Distel will not be opened until 7:00 a.m. We are requesting your cooperation in this matter and ask that you not arrive at the Distel Operation until 7:00 a.m. This includes not lining up outside the gate or on the county road prior to 7:00 a.m. The noise and fumes from idling trucks is a disturbance to our neighbors in the area, and it is essential that we respect our neighbors and make every effort to mitigate their concerns. Please also be advised that the use of fake brakes in this area is strictly forbidden. Enclosed is a set of rules that address various driver safety and operational issues at Distel. We would ask that you review and abide by these rules. Aggregate Industries is committed to a set of values that includes treating our communities with integrity and respect and to seeking mutually beneficial relationships with customers and vendors who share our values. As one of our valued providers of service, we are certain that you will both understand the importance of mitigating the concerns of our neighbors and the importance of your role in helping us to maintain good relationships within this community. If you have any questions in this matter, please contact the plant manager, Skip McRae at (303) 702-9034. Very truly yours, Herman Altergott Northern Operations Manager Enclosure Cc: Aggregate Industries, West Central Region, Inc. Mike Refer. Vice President of Administration and Public Affairs Jim McFarland, Vice President and General Manager, Asphalt Division Kevin Anderson, Metro Operations Manager Gary Stillmunkes, Estimator Skip McRae, Plant Manager Aggregate Industries West Central Region,Inc. Asphalt Division P O Box 3121 Greeley Colorado 80633 361 71st Avenue Greeley Colorado 80634 Telephone(970) 353-2005 Facsimile (970) 378-6856 An Equal Opportunity Employer S AGGREGATE INDUSTRIES In accordance with the Aggregate Industries Distel Pit regulations, all drivers must abide by the following: The loader has the right-of-way. There is a 15-mph speed limit anywhere within the Distel Operation. While in the pit, drivers must not get out of their truck unless absolutely necessary, and then a hardhat and reflector vest must be worn. When a truck is in loading position, under no circumstance should a driver get out of his/her truck Do not tarp or do paperwork in the pit or on the scale. If you need to, do so in the tarping area south of the scale. Drivers must come to a complete stop before entering onto the scale. Approach and exit the scale slowly. Trucks must be maintained to DOT operating standards All trucks must have operating back-up alarms No truck will be allowed into the pit after hours without specific authorization The use of jake brakes is not permitted in the pit If you are a visitor in any other type of vehicle, you must check in with the scale house before entering the pit, and a hardhat, reflector vest and vehicle beacon must be used. If drivers do not adhere to these regulations, it could result in a suspension from the pit. Thank you for your cooperation. UI-' Co Operating 7500 W Mississippi Avenue Suite B-3 € Lakewood CO 80226-4541 Cou,�t}� Planrifng Lei;. 303-727.9915 October 4, 2000 ftCT j 0 2000'tEMs. Ann Best-Johnson ""' p 'i �' , E Weld County Government, Planning and Zoning 1555 North Seventeenth Avenue Greeley, CO 80634 RE: Paragon Estates development Dear Ms. Best-Johnson: Thank you for your phone call today regarding the captioned. TOP Operating Co. (TOP)owns and operates oil and gas leases covering the following lands in Weld County, to wit: TZN R68W 6`"PM. Section 7:All; Section 8: S/2NW'/., W%:SW%, NE%SW'/.,part of the N%NW'/.; Section 17: W/NWT part of theSE''NW/; Section 18: N1/2, VASE '''A,part of the NW%SE'/,. These leases remain in full force and effect for so long as one of the at least five wells located on them produce oil and/or gas. TOP's leases constitute real property interests in the above lands. TOP has not received notification of any development or re-zoning plans and proposals from Weld County concerning these lands. We are unsure of the location or description of the captioned development. Informal discussions with personnel from the Colorado Oil and Gas Conservation Commission leads us to believe that Weld County is reviewing shortly review plans related to this Paragon Estates development. And that these plans will adversely l impact our interests. Please include us in any future processes related to our real property in Weld County. On the lands described in the S'/of Section 7 and the NA of Section 18 TOP intends to drill an additional 18 oil and gas wells. Based upon current regulations of the Colorado Oil and Gas Conservation Commission, these wells will be located in the approximate center of each quarter/quarter legal subdivision and in the center of each quarter section. TOP will require a circular drilling/production site with at least 350'radii for drilling and operating new and existing wells. Agreement has not been reached between the applicant developer and TOP concerning our mutual interests. Further, TOP has not been contacted by the applicant developer of the Paragon Estates development to initiate such an agreement. Sincerely, TOP Operating Co. .. <1 _ ... RK. Herring Pre§ident RKH/hs Weld County Planning Dept. JAN 05 2001 To Whom It May Concern, RECEIVED Introduction: Since the inspection of the Distel Farm,C&M Gravel pit our rural community has had to withstand numerous problems. This neighborhood has withstood 14 years of bad roads,bad bridges,traffic accidents, excessive noise, speeding trucks, dust problems, odor problems,and questionable mining reclamation. Dust Problems: 1. The fugitive dust is ruining roofs, curtains and carpet. 2. Livestock have been lost due to excessive dust. 3. Hay crops are being devalued due to the blowing dust. 4. Breathing of silica sand has presented respiratory problems with surrounding people. Odor Problems; 1. Odor when asphalt plant is started in AM. 2. Odor problem in the winter months when all the trucks and equipment and started,creating a large cloud of smoke. During down slope conditions it settles at nearby properties. Wildlife; 1. The de-watering has killed well over 100 6in. -12in. Cottonwood trees off the permitted area. 2. De-watering is being done with buried asphalt and concrete submersed around the de-watering pumps, which discharge directly to the St. Vrain River. 3. Wildlife living in the area is slowly losing theft habitat. Property Values: 1. C&M mining operation has cut our property values.People do not like negative impact areas. I have had this studied. Having an asphalt plant near our property has caused the values to be well below market growth. Reclamation Problem; 1. I have labeled several pictures showing the reclamation problems. 2. I have also labeled several completed reclamation projects from the surrounding areas. These projects were started well after the C&M project and all have been reclaimed. 3. Various pictures show reclamation practices not suitable for the area. Future Mining Plans(C&M); 1. C&M has amended their original permit several times,with no conclusion of their original permit. 2. C&M current operation is located Yz mile west of Boulder Creek. What they plan(to save them money)is to leave their current plant in place and set up a three-quarter mile conveyer. This conveyer would border the north side of three neighboring property owners. They would then convey the material across the river behind our property to the existing plant. Completion time 15-20 years. This is not in agreement with the Tull Property Permit#1046. 3. C&M is also negotiating with the City of Longmont on another permit. Case Number 4th AM. USR-877 • Prairie dogs,towns of dogs are leaving mining areas,traveling and relocating on irrigated farm grounds. • USR 1046(Tull Property)the permit clearly shows a processing plant, concrete plant, and asphalt plant located on the Tull Property. No conveyors from theTull property to the Distel plant were permitted. The Distel Pit was to be finished/reclaimed with the plant being moved to the Tull property. • It is hard to understand that a permit gives you the right to tear up so much river bottomland. If the amendment of Perchel,and City of Longmont Property happen there will be 2-3 miles of river bottom that has not been reclaimed for 15-20 years. • The surrounding property owners want to see some end to this. We will not stand for the Distel plant to be the processing location for the Tull property. This would be a 15-20 year process(Unacceptable). • The 75' easement through the City of Longmont's wildlife sanctuary is not acceptable. This would affect people and wildlife in a very negative way for far to many years. In Conclusion 1. I have copied sections from the Colorado mined Land Act. 2. I have copied sections of case number Amended UST-877 C&M Distel Farms Permit for your review. 3. In several attempts to work out our problems and concerns with C&M,no reasonable effort has been made by them to meet us halfway. 4. This is an attempt to make aware the situations that this area has lived with for far to many years. Please contact Ted Cox with any questions and or conclusions concerning this matter. 1767 WCR 20'/ Longmont,CO. 303 651-1203 cc;Weld County Planning Division of Minerals and Geology City Manager,Longmont EPA Sincerely, �6/17. ` �'V Y Ted Cox Comprehensive Plan i Ordinance 147-P Att1, COLORADO � Weld County Colorado 1 1 March 25, 1999 1 I GENERAL RESOURCES ill GENERAL RESOURCES In this plan, General Resources has been divided ll into two subcategories: Commercial/Mineral This section has been developed in conformance Resources,which cover those minerals under Title with Title 34, Article 1, Section 304, CRS. The 34, and oil and gas minerals detailing oil and gas ll Comprehensive Plan is intended to provide production in Weld County. appropriate goals and policies to utilize the County's mineral resources ensuring that adverse Commercial/Mineral Resource Deposits Goals environmental effects resulting from surface mining and Policies li operations are minimized. Weld County recognizes that mineral resource extraction is an essential CM.Goal 1 industry. The availability and cost of materials such Conserve lands which provide valuablela as sand and gravel has an economic affect on the natural mineral deposits for potential future general construction and highway construction use in accordance with Colorado State Law. industry. Ill CM.Policy 1 In some instances, sites containing significant Access to future mineral resource development quantities of mineral deposits are located in areas areas should be considered in all land-usell characterized by other land-uses and natural decisions in accordance with Colorado State resources. Because the uncontrolled operation of a Law. No Weld County governmental authority mine site has the potential for adversely affecting which has control over zoning shall,by zoning, IP surrounding land-uses, roads, residents, and the rezoning,granting a variance, or other official environment,a specialized use permit is required in action or inaction permit the use of any area accordance with the Weld County Zoning known to contain a commercial mineral deposit Ordinance. in a manner which would interfere with the IP present or future extraction of such deposit by As of 1987, the mineral resources known to be an extractor. located in Weld County include sand and gravel, IP coal, and uranium. The maps at the end of this CM.Goal 2 document illustrate the wide distribution of Promote the reasonable and orderly minerals within the County. These mineral deposits development of mineral resources. IP vary greatly in quantity and quality. CM.Policy 2 Most of the high quality sand and gravel deposits in The operation of a mine site in unincorporatedil Weld County are found along major drainage,either Weld County shall be subject to obtaining a under the floodplains or in adjacent stream terraces. Use by Special Review permit in accordance Some lower quality deposits are found in older with the Weld County Zoning Ordinance. ill alluvial deposits. Aeonian sand deposits can be found in some upland areas. A major portion of CM.Goal 3 Weld County is underlain with coal. This coal Minimize the impacts of surface miningIP forms a portion of the Boulder-Weld field,which is activities on surrounding land-uses, roads, included in the Denver Basin coal region. Portions and highways. of Weld County,north of Colorado State Highway 14,have been tested and have shown occurrences of CM.Policy 3 IP uranium deposits. Currently, there are no An application for a mine site located within an producing uranium mine sites in the County. Urban Growth Boundary Area,Unincorporated Commercial and Mineral Deposits Community,1-25 Mixed Use Development area ll 6-5 I II .: • GENERAL RESOURCES and Urban Development Node,or Agricultural acceleration lanes,deceleration lanes,common Area should be reviewed in accordance with the goals and policies of the area in which the application is located. CM.Goal 4 Minimize hazardous conditions related to mining activities and the mining site. CM.Policy 4 access collection points, signalization, and other traffic improvements shall be required wherever necessary to mitigate traffic impacts caused by the mining activity. Applications for mining should also be reviewed in accordance with the transportation goals and policies; CM.Policy 4.5 Requiring, where possible, that batch plants In reviewing the operational and reclamation plans for a mining operation,the County should impose such conditions as necessary to and processing equipment be buffered from adjacent uses. minimize or eliminate the potential adverse CM. Policy 4.6 impact of the operation on surrounding properties. This should include: CM.Policy 4.1 Requiring the location and design of excavated Requiring that security fencing be erected and maintained around extraction sites, as necessary,to minimize the attractive nuisance hazards inherent in operations located near urban uses; areas,structures,machinery,equipment storage, and stockpiling of mined materials to be CM. Policy 4.7 compatible with surrounding land-uses in terms Requiring mining operations to use warning of: general use,scale,density,traffic,dust,and signs,fences,guards,lighting,and other means noise; to warn an8d protect people from mine site hazards such as steep slopes, holes,ponds,and CM.Policy 4.2 heavy equipment; Ensuring that all mining operations conform to Maintaining roadside and perimeter vegetation and setback requirements which serve to shield CM.Policy 4. mining operations including storage of equipment,stockpiled soils and materials from federal, state, and local environmental public view; standards; and CM.Goal Provide for timely reclamation and re-use of mining sites in accordance with the Comprehensive Plan, Subdivision and CM.Policy 4.3 Requiring that access roads to and within the site be located in a manner which minimize traffic impacts on surrounding land uses; Zoning Ordinances. CM.Policy 5 The County should consider the potentially CM.Policy 4.4 Requiring the land-use applicant to demonstrate to the satisfaction of the Board of Commissioners that the street or highway facilities providing access to the mining activity adverse environmental effects of mining operations and generally require: CM.Policy 5.1 are adequate in functional classification,width, and structural capacity to meet the requirements of the proposed mining activity. Internal road circulation,off street parking, dust abatement, Disturbance of vegetation and overburden in 6-6 I GENERAL RESOURCES advance of mining activities should be despite a partial preemption by the State acting 1 minimized; through the Colorado Oil and Gas Conservation Commission. No court has actually heard evidence CM. Policy 5.2 and reviewed a set of local regulations to determine a Topsoil should be saved and utilized in site exactly where conflicts arise between the State II reclamation; statutory purposes and local regulations and there is still debate as to what standard the Court should CM.Policy 5.3 actually apply in determining conflicts. All reasonable and practical measures should be taken to protect the habitat of fish and Oil and Gas Goals and Policies. wildlife; OG.Goal 1 CM.Policy 5.4 Oil and gas exploration and production The operation should comply with County should occur in a manner which minimizes flood hazard and geological hazard regulations; the impact to agricultural uses and the environment and reduces the conflicts CM.Policy 5.5 between mineral development and current The final reclamation of the mine site should and future surface uses.. return the land to a form and productivity that is in conformance with the established OG.Policy 1 I comprehensive plan for the area; Weld County should encourage cooperation, and coordination and communication between CM.Policy 5.6 the surface owner and the mineral The operator will maintain the reclaimed mine owner/operators with respect to any site until it has been stabilized and vegetation is developments of either the surface or the re-established; and mineral estate; CM.Policy 5.7 OG.Policy 1.1 Trucking operations dealing exclusively in the New planned unit developments or transport of mined materials may be permitted subdivisions should be planned to take into on the mine site when incorporated in the account current and future oil and gas drilling operational plan for the mining operation. activity to the extent oil and gas development a can reasonably be anticipated; Oil and Gas Deposits Oil and gas development in Weld County is an OG.Policy 1.2 integral part of the Weld County economy and has Oil and gas drilling activities should be planned a substantial direct and indirect impact on current to take into account current and future surface and future land use. Oil and gas development is planned unit development and subdivision cyclical but the economics of drilling has caused ' activities to the extent such development can extensive drilling activities in Weld County. The reasonably be anticipated. area of the most intensive recent drilling activities coincides, to a large part, with prime irrigated OG.Policy 1.3 farmground. Recent developments in case law and Weld County will seek the imposition of statute have made it clear that counties have some protective measures through available state, land use authority over oil and gas development county, and federal regulations to ensure that 6-7 p P GENERAL RESOURCES the mineral operator conducts operations in a be conducted in a manner which minimizes manner which will minimize current and future interference with existing surface use and environmental impacts; mitigates the impact on future land uses. Well sites should be reclaimed and closed by OG.Policy 1.4 techniques which ensure that the future use of Oil and gas support facilities decisions which the property is not impaired because of do not rely on geology for locations shall be environmental or safety problems or the subjected to review in accordance with the existence of improperly abandoned or appropriate section of this Plan; and unlocated equipment, such as wellheads or flowlines. OG.Policy 1.5 Oil and gas exploration and production should I I I I I I I 6-8 Imr° SRK Consulting Steffen Robertson and Kirsten(U.S.),Inc. 7175 West 300 Jefferson Avenue 8023 US Engineers and Scientists Lakewood,Colorado 80235 USA e-mail: denver@srk.com UAL: http://www.srk.com Tel:303.965.1333 Fax:303.985.9947 September 12, 2000 Weld County Planning Dept. ,IAN 05 2001 • Weld County Department of Planning Services RECEIVED 1555 North 17th Avenue Greeley, Colorado 80631 RE: Use by Special Review Permit for Proposed Expansion Mining Operation To Whom it May Concern: On behalf of CAMAS Colorado, Inc., this letter and accompanying information constitute a request for an amendment to the Weld County Use by Special Review (USR) Permit No. 877 for expansion of the Longmont Distel Operations (Distel Farm Project). A Weld County USR permit amendment application is enclosed. A copy of the report entitled Application for Amendment to Regular 112 Permit for Construction Materials and Weld County USR Permit is also provided as Attachment 1 to this application for informational purposes. The submittal package also includes a List of Attachments and Responses to Use by Special Review Application Requirements and Questionnaire. Additional information is provided in the Addendum to Attachment 1. An amendment to the current USR Permit No. 877 is requested to allow the mining of sand and gravel resources on approximately 240 acres of leased land adjacent to the Distel Farm Project, currently operated by CAMAS Colorado, Inc. The existing operation and proposed expansion area are located in Sections 7, 8, 17 and 18, Township 2 North, Range 68 West, in southern Weld County, as shown on the attached Vicinity Map (see Exhibit B, Attachment 1). The proposed expansion area is located south of County Road 119, southwest of the convergence of St. Vrain Creek and Boulder Creek and just north of County Road 20 1/2. The only municipality within three miles of the proposed operation is the City of Longmont, Colorado. Group Offices in: North American Offices: Australia Elko 775.753.4151 North America Fort Collins 970.407.8302 Southern Africa Reno 775.828.8800 South America Tucson 520.544.3688 United Kingdom Vancouver 604.681.4196 N:\GKnell\Project\54202\Weld USR Submittal Let.doc SRK Consulting Weld County September 12, 2000 Page 2 The parcels of land proposed for expansion include the Peschel property, located to the west of existing operations, and the Longmont property, located to the northeast of existing operations (see Exhibit B, Attachment 1). These properties are currently used for livestock grazing and agriculture. A 10-acre area of the Distel property will also be mined. This area was previously permitted by CAMAS but was not included in the mine limits. The property will be divided into two phases for mining. Phase 1, the Peschel property, consists of approximately 142 acres of land and will take approximately 3 to 4 years to mine. Phase 2 includes the Longmont property (approximately 98 acres) and the Distel Expansion (approximately 10 acres). The Longmont property will take approximately 3 to 4 years to mine and the Distel Expansion will take approximately 0.5 years to mine. The total mining operation proposed in this permit application is expected to commence around January 2001 and be completed by 2007 to 2009. The limits of the expansion areas are shown in on Exhibit B, Attachment 1. The mine plan is presented in Exhibit D, Attachment 1. The mined pit areas will be reclaimed as parklands, including wetlands, ponds and upland meadow. The proposed reclamation plan is presented in Exhibit F, Attachment 1. The requested amendment proposes no changes to the mining methods, work force, equipment or transportation requirements previously permitted under USR 877. The mining rate will be increased from 660,000 tons/year to 800,000 tones/year. Material in the expansion area will be loaded on an existing movable overland conveyor and transported to the previously permitted area for processing. Access roads required to develop the expansion have previously been constructed to access existing mining areas that lie on the east and south boundaries of the proposed mining area. • The proposed use is compatible with current land uses and Weld County planning goals and policies. The proposed mine area may be characterized as having "limiting site factors"due to its location in the 100-yr flood plain of St. Vrain Creek. Post-mining land uses include wildlife habitat and recreation. These uses are compatible with surrounding land uses and are consistent with minimum density development and other Mixed Use Development Area planning goals and policies. N:\GKnell\Project\54202\Weld USR Submittal Let doc {S� io 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 1. The Site Specific Development Plan and Special Review permit is for an open pit sand and gravel mine. including concrete and asphalt plants in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 44.5, and 3. The open—cut gravel operation shall comply with Section 44.4. 44.6 of the Weld County Zoning Ordinance. 4. Hours or operation shall be limited to daylight hours only, or not to exceed 6:30 a.m. to 6:00 p.m., six days a week, Monday through Saturday. Routine maintenance of equipment shall be allowed between the hours of 6:30 a.m. to 12:00 a.m., Monday through Saturday. 5. The applicant shall comply with the Rood Maintenance and Improvements Agreement approved by Weld County for this sand and grovel operation. 6. The property shall be maintained in compliance with the requirements of the Weld County Flood Hazard Overlay District requirements, including: — fill, berms or stockpiles shall be placed in the one hundred (100) year flood plain of Idaho Creek which would obstruct passage of flood flows, and — All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood—proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. The site shall be reclaimed in accordance with Longmont Soil Conservation Service recommendations, as stated in correspondence dated March 28, 1994. 8. Tanks for flammable or combustible liquid storage or dispensing. either temporary or permanent, shall be installed in accordance with the requirements of the Uniform Fire Code. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic. composting, boilers and incinerators. 11. No permanent disposal of wastes shall be permitted al this site. 12. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13. Fugitive dust shall be controlled on this site. 14. The applicant shall comply with the dust abatement plan approved by the Weld County Health Deportment. 15. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102. Colorado Revised Statutes. 16. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 17. An adequate and safe water supply shall be provided on—site for employees. 18. Adequate toilet facilities shall be provided on—site for employees. 19. An individual sewage disposal system is required for the proposed facility and shall be Installed according to the Weld County Individual Sewage N Disposal Regulations. 00 20. All construction on the property shall be in accordance with the C requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the o > Design Standards of Section 24.5 of the Weld County Zoning Ordinance. MO= 22. The property owner or operator shall be responsible for complying with the O uj Operation Standards of Section 24.6 of the Weld County Zonding Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any c ! reasonable time in order to ensure the activities carried out on the p � ULa property comply with the Development Standards stated hereon and all U applicable Weld County Regulations. !i//ce 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plan■ or Development Standards as shown or stated shall require the approval of on amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners Abefore such ny other changes changes be the filed)In or the office of the nt Standards are permitted. Deportment of Planning Services. 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. DATE: August 2, 1994 Weld County Planning Dept. CASE NUMBER: Amended USR-877 APPLICANT: C & M Companies c/o Jim McFarland - Distel Farms JAN 05 2001 ADDRESS: P.O. Box 490, Niwot, CO 80544 RECEIVED REQUEST: A Site Specific Development Plan and an Amended Use by Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part S2 Section 8, part N2 Section 17, part NE4 Section 18, and part of SE4 Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24. 7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources, Transportation and Urban Growth Boundary Goals and Policies. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. The City of Longmont has reviewed this case and indicated a concern with the amount of time the access across their property is proposed for. Condition of Approval #3 addresses this concern. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. Surrounding land uses include: Boulder Creek, pasture, rural residences, and irrigated crops. RECOMMENDATION, Amended USA-877 C7M Companies, c/o Jim McFarland-Distel Farms Page 2 - Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval address this issue. No other overlay districts affect this site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The access to the Schell Pit across City of Longmont property shall only be utilized as long as a legal, binding agreement exists between the applicant and the City of Longmont to utilize the access to the Schell Pit. 4. Prior to recording the plat: A. The existing Emission Permit shall be modified for the increased operation, if the Colorado Department of Health determines such a modification represents a significant change in emissions or production. If the Colorado Department of Health determines the increased operation does not require a modification to the existing Emission Permit, the applicant shall submit information which indicates this. B. If applicable, the existing NPDES Permit shall be amended for the increased operation if the State determines such a modification represents a significant change in the discharge. If it is not a significant change, the applicant shall submit evidence to this effect. RECOMMENDATION, Amended USR-877 C7M Companies, c/o Jim McFarland-Distel Farms Page 2 C. The facility shall amend its stormwater discharge permit at the Colorado Department of Health, Water Quality Control Division. D. The applicants shall submit a substitute water supply plan to the State Division of Water Resources for their approval, and shall submit the approval information to the Department of Planning Services. E. The applicants shall apply for the appropriate building permit and zoning permit for the mobile home located northwest of the processing area and utilized as a breakroom. Additionally, the plat shall be amended to include the location of the mobile home. Mature trees on-site shall not be disturbed to the greatest extent possible. If the mature trees cannot be maintained, the applicant shall consult with the Division of Wildlife and submit a replanting plan to the Department of Planning Services. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C&M Companies, c/o Jim McFarland - Distel Farms Amended USR-877 1. The Site Specific Development Plan and Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The open-pit gravel operation shall comply with the operation policies identified in Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7; then north or south to State Highway 119 or State Highway 52. At no time e shall heavy truck traffic associated with this use operate on Weld County \ Road 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 6. All operations shall be in conformance with the Weld .County Flood Hazard Overlay District Regulations, including: A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year floodplain which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. Mature trees on-site shall not be disturbed to the greatest extent possible. 8. No new access points shall be allowed from the site to any Weld County Roads. DEVELOPMENT STANDARDS, Amended USR-877 C&M Companies, c/o Jim McFarland - Distel Farms Page 2 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 12. Fugitive dust shall be controlled on this site. 13. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 15. The facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 16. The site shall meet the codes and standards of the Mountain View Fire Protection District. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Sections 24.6 and 44.4 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. DEVELOPMENT STANDARDS, Amended USR-877 C&M Companies, c/o Jim McFarland - Distel Farms Page 3 22. 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E,,..P. . i,ix '- ) TYPICAL MINING PI AN SECTION \\ /// ///////.4143Y4/39/614/409/1C/1/2W/2"1 sutE _lo' .1/ / N , ../i - ---,PHASE / MIN M 9 L1 H['C .. .. sG FI.SETRALX • SLURRY I• � _ ` i• TI -E - / TRENCH {—ORIGINAL ` MINING / �' c^° GROUND SURFACE moo sct;c-. 1 200' /s I / I Q �" OPI ION Ia (xrv)TEMPORARY _ / l _ SAND i BENIONITE EXCAVATION am um a ata TO BE —� I / GRAVEL / SLURRY RECLAIMED AT Al, WV) �' n /Y I / �.��ne �2R.. 1 ` y a ` /� / SHALE BEDROCK • DERATERIRO TRENCH(TYP.) l-. j s n:YIN. • �� / - / AWL ea.RC, N. IIWYG\ C OISLHAIIGF PIPE � IS• LE I PHASE 2 DEWATERLNG TRENCH \ KW 4 (PHASE TWO`. ' AND PHASE THREE) V ). P PHASE ! NDres. f ��v ) :: �� . ATWO /'�'� W \ 1, IOC YEAR FLOOD CONTOURS SHOWN ARE ANTICIPATED •/ `\I / MIT LNG/ I \ FLOOD WATER ELEVATIONS BASED ON COLORADO // i� ‘"'"'...-________/__313.5.41 /'• _\4� CONSERVATION BOARD BASE MAP. / I\ \, 2. ENTIRE SITE TO BE SURROUNDED BY EXISTING/ /, // \ / ��` I IMPROVED 0-STRAND BARBED WIRE RANGE FENCING IN / l / \\ % "-----‘4, AND PLANT AREAS TO BE SURROUNDED OR NK \ / I II / / ;II FENCIING WITH ALLY R SECURABLE ROUNDED YFEN E GATE AT N I PLANT \l - Y , PHASE I o[wgiwwG TRENCH II ENTRANCE/EXIT. / / z�) 4�` ////////////////////F////////////////////////////////+ S. SEE EXHIBIT 0 — MINING PLAN NARRATIVE (CHAPTER / // //A x MP.� .�\,\ i�1/ TECHNIQUESFOR A ORE DETAILED AND AND SEQUENCING.SCRIPTION OF MINING R. HAUL TRUCKS WILL GENERALLY PROCEED TO AND 1 �' PHASE FROM THE EAST TO CONNECT TO S.H. 119 AND I-25. /; ,:' / ONE e �(HAWN m..). 1%i+ MINING n%•".i°' g _ /.I 5 AREA s s :,ow,,,B""x/:I a ,lw zs \ ///,/////////7'1 71 p/,�,, j �` PL T.�'. 1 : JFGENQ _ i - I.a�� o OPTIONAL SLURRY WALL \ /� n\ °w� . _ DEWATERING TRENCH /- ggff "e a---100 YEAR FLOOD CONTOURS (FT.. MSC) GROUND SURFACE CONTOURS (FT., MSC) --1; _ , GRAVEL PLANT AREA PHASE FOUR FENCING _ -�� OFFICE a unc HOUSE 16 TRAFFIC FLOW /a _ CONCRETE RANI_ PXLLi PLANT AREA MINING AREA TO �, STOCKPILE a� qn..� A. ` yA / AREA I\ CONSIST OF POND i 1\\ DISCHARGE Al/OH // /PLAN / o JJ�� PLANT AREAS € '� PUMP' / ,B,R `I w- ( ////////MINING PHASE BOUNDARY DISCHARGE ` LOCATIION _ , ' L _- ", PIPE TD CREEK y / 5 r.! -yPt49PH aRA _ � G r_, - },HALEY+R iA,L�RICN LNG'! 41q PHASE iDuRj r �. /jryq PHASE I DEVIATOIxG TABNCH / / // / //// ///� P RC-s E.' " [ ---- __ .awC cane pm A _ �. kR,--_ FIGURE D-1 -- EXHIBIT D - MINING PLAN ___ m _ ` IY.CO SEC.. \ w0 nilP.M. REED cowry Rana go So w I COOLEY GRAVEL COMPANY ma.?LONGMONT OPERATION i).1`1%.10)34-ADD Iw, µ .-1��,_ +d Inwem r1 T— ��,a I-T!. I"'• I"C:O/N.I 14'6/N. I i ,.- ., °II it - i *,k _ j ►i — - �, _�; "t �' ,_ =oiuunn I `-‘...) ,._____, 7f ', ill a�� { ar''>, g � A � € J t -- gg � . • 1 9 / � ' � . !�� IN? . g / I / � s ■ r 1 e I ° ,, Fi a 1 / I = 4Iii r 1000 ui':' ill i - ( in / .,, • 11 1 , , , , _ a , , , \, , -: i iI, .. /i �`� �l II 1 V ' I \\ A \I I State of Colorado • Dept. of Natural Resources Division of Minerals and Geology 1313 Sherman Street,Room 215 Denver,Colorado 80203 21g) (303)866-3567 t t • Colorado Mined Land Reclamation Act 34-32-101 ET SEQ.,C.R.S. 1973 AS AMENDED This document is an unofficial compilation of the Colorado Mined Land Reclamation Act as amended by Senate Bill 93-247 effective 7/1/93. • pl C )ti Colorado Mined Land Reclamation Board Weld County Planning Dept. James B.Cooley Susan McCannon IAN 05 2UU1 Luke J.Danielson Catherine Kraeger-Rovey Joseph Danni Maxine Stewart Chris P.Jouflas RECEIVED Statute printed as amended through the 1993 Legislative Session Revised 7/93 4 Page 1 34-32-101 34-32-101 . Short title. This article shall be known and may be cited as the "Colorado Mined Land Reclamation Act" . 34-32-102. Legislative declaration. (1 ) It is declared to be the policy of this state that the extraction of minerals and the reclamation of land affected by such extraction are both necessary and proper activities. It is further declared to be the policy of this state that both such activities should be and are compatible . It is the intent of the general assembly by the enactment of this article to foster and encourage the development of an economically sound and stable mining and minerals industry and to encourage the orderly development of the state' s natural resources , while requiring those persons involved in mining operations to reclaim land affected by such operations so that the affected land may be put to a use beneficial to the people of this state. It is the further intent of the general assembly by the enactment of this article to conserve natural resources, to aid in the protection of wildlife and aquatic resources , to establish agricultural , recreational , residential , and industrial sites, and to protect and promote the health, safety, and general welfare of the people of this state. (2) The general assembly further declares that it is the intent of this article to require the development of a mined land reclamation regulatory program in which the economic costs of reclamation measures utilized bear a reasonable relationship to the environmental benefits derived from such measures. The mined land reclamation board or the office, when considering the requirements of reclamation measures , shall evaluate the benefits expected to result from the use of such measures. It is also the intent of the general assembly that consideration be given to the economic reasonableness of the action of the mined land reclamation board or the office. In considering economic reasonableness, the financial condition of an operator shall not be a factor. (3) The general assembly further finds , determines , and declares that: (a) It is the policy of this state to recognize that mining operations are conducted by government and private entities; (b) All people of the state benefit from the reclamation of mined land; (c) The funding to ensure that reclamation is achieved should be borne equitably by both the public and private sectors; (d) The funding for enforcement and other activity that is conducted for the benefit of the general public should be supported by the general fund. Page 2 34-32-102 (e) It is the policy of this state to allocate resources adequate to accomplish the purposes of this article. 34-32-103. Definitions. As used in this article, unless the context otherwise requires : (1 ) "Acid or Toxic Producing Materials" means natural or reworked earth materials having acid or toxic chemical and physical characteristics . (1 .5) "Affected Land" means the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of such operation. Affected lands include but shall not be limited to private ways, roads , except those roads excluded pursuant to this subsection (1 .5) , and railroad lines appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; leaching dumps; placer areas; tailings ponds or dumps; work, parking, storage , or waste discharge areas; and areas in which structures , facilities , equipment, machines , tools , or other materials or property which result from or are used in such operations are situated. All lands shall be excluded that would be otherwise included as land affected but which have been reclaimed in accordance with an approved plan or otherwise, as may be approved by the board. Affected land shall not include off-site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgraded to support the mining operation. (2) "Board" means the mined land reclamation board established by section 34-32-105. (3) "Department"means the department of natural resources or such department, commission , or agency as may lawfully succeed to the powers and duties of such department. (3.5) (a) "Designated Mining Operation" means a mining operation at which: (I) Toxic or acidic chemicals used in extractive metallurgical processing are present on-site ; or (II) Acid- or toxic-forming materials will be exposed or disturbed as a result of mining operations . (b) The various types of designated mining operations are identified in section 34-32-112.5. Such mining operations excluded operations which do not use toxic or acidic chemicals in processing for purposes of extractive metallurgy and which will not cause acid mine drainage . Page 7 34-32-106 34-32-106. Duties of the board. (1) The board shall : (a) Meet at least once each month; (b) Carry on a continuing review of the problems of mining and land reclamation in the state of Colorado; (c) Develop and promulgate standards for land reclamation plans and substitution of affected lands as provided in section 34-32-116; (d) Cause to be published its monthly agenda with a brief description of affected land and name of the applicant. These publications shall be in a newspaper of general circulation in the locality of the proposed mining operations listed in that month' s agenda. (e) Perform such other duties as are required pursuant to article 33 of this title. (2) It is the duty of the department of agriculture, the department of higher education, the state soil conservation board, the Colorado geological survey, the division of parks and outdoor recreation, the division of wildlife, the division of water resources , the university of Colorado, Colorado state university, Colorado school of mines , and the state forester to furnish the board and its designees , as far as practicable, whatever data and technical assistance the board may request and deem necessary for the performance of total reclamation and enforcement duties. 34-32-107. Powers of board. (1 ) The board may initiate and encourage studies and programs through the department and in other agencies and institutions of state government relating to the development of less destructive methods of mining operations , better methods of land reclamation, more effective reclaimed land use, and coordination of the provisions of this article with the programs of other state agencies dealing with environmental , recreational , rehabilitation, and related concerns. (2) The board may delegate authority to the office as necessary to efficiently carry out and administer the provisions of this article. Any person aggrieved by any final action of the office may file an appeal of such action with the board. Such appeals shall be conducted in accordance with the provisions of article 4 of title 24, C.R.S. 34-32-108. Rules and regulations. (1 ) The board may adopt and promulgate reasonable rules and regulations respecting the administration of this article and in conformity therewith. (2) All rules and regulations shall be subject to the provisions of section 24-4-103, C.R.S. Page 8 34-32-109 34-32-109. Necessity of reclamation permit - application to existing permits . (1 ) Reclamation permits for mining operations shall be obtained as specified in this article. (2) After June 30, 1976, any operator proposing to engage in a new mining operation must first obtain from the board or office a reclamation permit as specified in this article. (3) (a) Applications for reclamation permits filed under the provisions of the "Colorado Open Mining Land Reclamation Act of 1973" prior to and pending on July 1 , 1976, shall be processed in accordance with the provisions of this article. Reclamation permits granted under the provisions of the "Colorado Open Mining Land Reclamation Act of 1973" prior to July 1 , 1976, are valid reclamation permits for the purposes of this article and are subject to the provisions of this article for the purpose of renewal . An application for renewal shall be filed at least ninety days prior to the expiration of the reclamation permit. Such applications shall be in accordance with section 34-32-112; except that the applicant need not supply information, materials, and undertakings previously supplied. The application for renewal of a reclamation permit shall show the area mined or disturbed and the area reclaimed since the original reclamation permit or the last renewal . (b) (I) An operator with an existing reclamation permit granted under the provisions of the "Colorado Open Mining Land Reclamation Act of 1973" may apply for the conversion of his existing reclamation permit to a reclamation permit for the life of mine under the provision for renewal set forth in this subsection (3) at any time on or after July 1 , 1976. The fee for the conversion of such an existing reclamation permit shall not exceed two hundred dollars if the conversion i.s made during the first year of the reclamation permit. (II) Thereafter, the provisions of section 34-32-127 (2) shall apply. (4) Mining operations which were lawfully being conducted prior to July 1 , 1976, without a reclamation permit may continue to be so conducted until October 1 , 1977, if, between July 1 , 1976, and October 1 , 1977, the operators of such existing mining operations apply for a reclamation permit as specified in this article. Any such operator, having made application by October 1 , 1977 , but not having received a reclamation permit by that date, shall be permitted to continue his mining operation until such reclamation permit is either granted or denied. Any such operator who is denied a reclamation permit and continues operations after such denial or who has not applied for a reclamation permit by October 1 , 1977, and continues operations after October 1 , 1977, shall be considered in violation of this article and subject to the provisions of section 34-32-123. An operator of an existing operation who is in compliance with all requirements of the statutes in effect prior to July 1 , 1976, and the Page 25 34-32-115 (g) The proposed reclamation plan conforms to the requirements of section 34-32-116. (h) For designated mining operations, an environmental protection plan has been submitted and conforms to the requirements of sections 34-32-116 and 34-32-116.5. 34-32-116. Duties of operators - reclamation plans . (1 ) Every operator to whom a permit is issued pursuant to the provisions of this article shall perform such reclamation as is prescribed by the reclamation plan adopted pursuant to this section . (2) Reclamation plans shall be based upon provisions for , or satisfactory explanation of, all general requirements for the type of reclamation chosen. The details of the plan shall be appropriate to the type of reclamation designated by the operator and shall be based upon the advice of experienced and technically trained personnel . (3) On the anniversary date of the permit each year , the operator shall submit a report and a map showing the extent of current disturbances to affected land, reclamation accomplished to date and during the preceding year, new disturbances that are anticipated to occur during the upcoming year, and reclamation that will be performed during the upcoming year. (4) All operators shall submit, in addition to the plan and map, an annual fee as specified in section 34-32-127 (2) . (5) (Deleted by amendment, L. 91 , p. 1435, sec . 9, effective July 1 , 1991 .) (6) For operators who have filed an application pursuant to section 34-32-110 (1 ) , the operator shall submit an annual fee as specified in section 34-32-127 (2) and a map or sketch describing the acreage affected to date and the acreage reclaimed to date. (7) Reclamation plans and the implementation thereof shall conform to the following general requirements : (a) Grading shall be carried on so as to create a final topography appropriate to the final land use selected in accordance with paragraph (j) of this subsection (7) . (b) Earth dams shall be constructed, if necessary to impound water, if the formation of such impoundments will not interfere with mining operations , damage adjoining property, or conflict with water pollution laws, rules or regulations of the federal government or the state of Colorado, or any local government pollution ordinances . Page 26 34-32-116 (c) Acid-forming or toxic-producing material that has been mined shall be handled in a manner that will protect the drainage system from pollution. (d) All refuse shall be disposed in a manner that will control unsightliness , or deleterious effects from such refuse. (e) In those areas where revegetation is part of the reclamation plan, land shall be revegetated in such a way as to establish a diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration and at least equal in extent of cover to the natural vegetation of the surrounding area. Native species should receive first consideration, but introduced species may be used in the revegetation process when found desirable by the board. (f) Where it is necessary to remove overburden in order to mine the mineral , topsoil shall be removed from the affected land and segregated from other spoil . If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil , vegetative cover or other means shall be employed so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a useable condition for sustaining vegetation when restored during reclamation. If, in the discretion of the board, such topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements , the operator shall remove , segregate , and preserve in a like manner such other strata which are best able to support vegetation. (g) Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and ground water systems both during and after the mining operation and during reclamation :shall be minimized. (h) Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation. (i ) All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. (j) On all affected land, the operator in consultation with the landowner where possible, subject to the approval of the board, shall determine which parts of the affected land shall be reclaimed for forest, range, crop, horticultural , homesite, recreational , industrial , or other uses , including food, shelter, and ground cover for wildlife. Prior to approving any new reclamation plan or approving a change in any existing reclamation plan as provided in this section , the board Page 27 34-32-116 shall confer with the local board of county commissioners and the board of supervisors of the soil conservation district if the mining operation is within the boundaries of a soil conservation district . Reclamation shall be required on all the affected land. (k) If the operator' s choice of reclamation is forest planting, the operator may, with the approval of the office, select the type of trees to be planted. Planting methods and care of stock shall be governed by good planting practices . If the operator is unable to acquire sufficient planting stock of desired tree species from the state or elsewhere at a reasonable cost, the operator may defer planting until planting stock is available to plant such land as originally planned , or may select an alternate method of reclamation. ( 1 ) The operator shall construct fire lanes or access roads when necessary through the area to be planted. These lanes or roads shall be available for use by the planting crews and shall serve as a means of access for supervision and inspection of the planting work. (m) On lands owned by the operator, the operator may permit the public to use the same for recreational purposes, in accordance with the limited landowner liability law contained in article 41 of title 33, C.R.S. , except in areas where such use is found by the operator to be hazardous or objectionable. (n) If the operator' s choice of reclamation is for range , the affected land shall be restored to the satisfaction of the board to slopes commensurate with the proposed land use and shall not be too steep to be traversed by livestock. The legume seed shall be properly inoculated in all cases. The area may be seeded either by hand or power or by the aerial method. The species of grasses and legumes and the rates of seeding to be used per acre shall be determined primarily by recommendations from the agricultural experiment stations established pursuant to article 33 of title 23, C.R.S. , and experienced reclamation personnel of the operator, after considering other research or successful experience with range seeding. No grazing shall be permitted on reclaimed land until the planting is firmly established. The board, in consultation with the landowner and the local soil conservation district, if any, shall determine when grazing may start. (o) If the operator' s choice of reclamation is for agricultural or horticultural crops which normally require the use of farm equipment, the operator shall grade so that the area can be traversed with farm machinery. Preparation for seeding or planting, fertilization, and seeding or planting rates shall be governed by general agricultural and horticultural practices , except where research or experience in such operations differs with these practices . Page 28 34-32-116 (p) If the operator' s choice of reclamation is for the development of the affected land for homesite, recreational , industrial , or other uses, including food, shelter, and ground cover for wildlife , the basic minimum requirements necessary for such reclamation shall be agreed upon by the operator and the board. (q) All reclamation provided for in this section shall be carried to completion by the operator with all reasonable diligence and shall be conducted concurrently with mining operations to the extent practicable, taking into consideration the mine plan, mine safety, economics, the availability of equipment and material , and other site specific conditions relevant and unique to the affected land and to the postmining land use. Upon termination of the entire mining operation and in accordance with the reclamation plan, each phase of final reclamation shall be completed prior to the expiration of five years after the date on which the operator advises the board that such phase has commenced, unless such period is extended by the board pursuant to section 34-32-112 (7) ; except that: (I) No planting of any kind shall be required to be made on any affected land being used or proposed to be used by the operator for the deposit or disposal of refuse until after the cessation of operations productive of such refuse, or proposed for future mining, or within depressed haulage roads or final cuts while such roads or final cuts are being used or made, or where permanent pools or lakes have been formed; (II) No planting of any kind shall be required on any affected land so long as the chemical and physical characteristics of the surface and immediately underlying material of such affected land are toxic, deficient in plant nutrients, or composed of sand, gravel , shale, or stone to such an extent as to seriously inhibit plant growth and such condition cannot feasibly be remedied by chemical treatment, fertilization, replacement of overburden, or like measures . Where natural weathering and leaching of any of such affected land, over a period of ten years after commencement of reclamation, fails to remove the toxic and physical characteristics inhibitory to plant growth or if, at any time within such ten-year period, the board determines that any of such affected land is , and during the remainder of said ten-year period will be, unplantable, the operator' s obligations under the provisions of this article with respect to such affected land may, with the approval of the board, be discharged by reclamation of an equal number of acres of land previously mined and owned by the operator not otherwise subject to reclamation under this article. (III) With the approval of the board and the owner of the land to be — reclaimed, the operator may substitute land previously mined and owned by the operator not otherwise subject to reclamation under this article Page 41 34-32-122 subsection (3) , if the general assembly determines that funds in the emergency cash fund are inadequate to adequately respond to an emergency. (b) "Emergency" means any event to which the board is authorized to respond pursuant to section 34-32-124.5. (c) (I) The executive director is authorized to bring an action in the district court against any owner, operator, or permit holder whose actions the exec(ftive director reasonably believes necessitated the emergency response or caused the emergency. The purpose of any such action shall be to recover the funds expended from the emergency response cash fund from such owner, operator, or permit holder. (II) The burden of proof in any action brought pursuant to this paragraph (c) shall be on the state which shall demonstrate with competent evidence that: (A) An emergency existed; (B) The parties named necessitated the emergency response or caused the emergency; and (C) The response was reasonable under the circumstances known or reasonably thought to exist by the state. (III) Nothing this paragraph (c) shall be construed to prevent a named party from challenging the adequacy of the evidence or from presenting contrary evidence. (IV) If there is a conflict regarding costs incurred by the office pursuant to this subsection (3) , the state shall bear the burden of proof. (d) The court may apportion responsibility for any award of reasonable emergency response costs to any party or parties in any proportion as may be equitable under the circumstances; except that liability shall be several and individual and not joint and collective. (4) If the board makes findings pursuant to section 34-32-124.5 (1 ) which justify an emergency response, it may: (a) Establish an emergency response team; (b) Enter the property and take remedial action necessary to bring the operation into compliance with the permit or remove an imminent threat to the public health and safety; Page 42 34-32-122 (c) Issue a written cease and desist order requiring any party to immediately discontinue an activity; and (d) Apply to the district court for the district in which the activity is occurring for a temporary restraining order, temporary injunction, or permanent injunction. (5) Nothing in this section shall be construed to qualify the authority of the executive director or to prevent the executive director from taking action pursuant to subsection (3) of this section. 34-32-123. Operating without a permit - penalty. (1 ) Whenever an operator or prospector fails to obtain a valid permit or file a notice of intent under the provisions of this article, the board or the office may issue an immediate cease and desist order. Concurrently with the issuance of such an order, the board or the office may seek a restraining order or injunction pursuant to section 34-32-124 (3) . (2) Any operator who operates without a permit shall be subject to a civil penalty of not less than one thousand dollars per day nor more than five thousand dollars per day for each day the land has been affected. Such penalties shall be assessed for a period not to exceed sixty days. Operators who mine substantial acreage beyond their approved permit boundary may be found to be operating without a permit. (3) Any operator or prospector who operates without filing a notice of intent or a permit under section 34-32-110 shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day the land has been affected. Such penalties shall be assessed for not less than one day and not more than sixty days. Operators operating under a permit approved pursuant to section 34-32-110 who affect more than two acres may be found to be operating without a permit. 34-32-124. Failure to comply with the conditions of an order, permit, or regulation. (1 ) Whenever the board or the office has reason to believe that there has occurred a violation of an order, permit, notice of intent, or regulation issued under the authority of this article, written notice shall be given to the operator or prospector of the alleged violation. Such notice shall be served personally or by certified mail , return receipt requested, upon the alleged violator or the alleged violator' s agent for service of process . The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and may include the nature of any corrective action proposed to be required. (2) (a) If the board determines that there exists any violation of any provisions of this article or of any notice, permit, or regulation issued or promulgated under authority of this article, the board may NE CON.SEI/A NW CCR.881/4 SWIM SEC 4 SW1/4 SEC.6 J \.\ \ ['/// /////4,(1(E�jDt/ViA��P(G/1/Rej(C{//////_ TYPICAL MINING I PLAN SECTION 6-, SCALE ii-N- I)� / I �5 FT.,MIN. Y 'i[ �0. eHASE � \ �' MINIMUM _30 FT.SETBACK LURRY ... \ / TH IN / i .+ CAP 1 ` MINING j: TRENCH ORIGINAL GROUND SURFACE IT. ;/ ' /A1��fc _.._._� n Re�6oEN..:%"c \ _ .I :,v �'/ / 1 % OPTION SCALE 1's 200' I / / I p SAND / SOIL ( ) / 1:1 H:V TEMPORARY BENTONITE EXCAVATION AND u /� "% / GRAVEL SLURRY SLOPE(TO BE :/ / N�u�o...gm'. WALL RECLAIMED AT 3:1,H:V) ls� / 4� / �]FT..MIN. / SHALE BEDROCK "1/ / DEWATERING TRENCH(TYP.) ,\ �/% I'J�` /. /�.. 3 FT:MIN. ...J,,.,� a /.OR.E6EtC./ ) -`\N -••rte-SEC.16 \\ . ../ / N1/l CSR.sec./is • `\ \,\ DISCHARGES °-, '. " PIPE -.DIISC ARGE I PHASE 2 DEWATERING TRENCH 11 I `4y TO CREEK-' LOCATION it "'°�____ (PHASE Iva-, I I •` \, r AND PHASE THREE) _ PHASE )I NOTES: �\ TWO ^�' °j / 'I j - `.a - 1. 100 YEAR FLOOD CONTOURS SHOWN ARE ANTICIPATED MINING/ .;'I iI FLOOD WATER ELEVATIONS BASED ON COLORADO / \�T\ \, A_R LCN 'J"-��-`�\ ;j CONSERVATION BOARD BASE MAP. J r �! I\ \\`-J \. , (I \ 2. ENTIRE SITE TO BE SURROUNDED BY EXISTING/ /'"�1, /I / / \ ,, ,j //. IMPROVED d-STRAND BARBED WIRE RANGE FENCING i // I$ ;'/ -"�\)1 r; AND PLANT AREAS TO BE SURROUNDED OR �/ ( PARTIALLY SURROUNDED BY 6 FT. CHAIN LINK / / i 1 FENCING WITH SECURABLE FENCE GATE AT PLANT PHASE 1 DEWATERING TRENCH ENTRANCE/EXIT. i� / /1 / \ / //////////////////////////////////////////////////// '4 : -3. SEE EXHIBIT D - MINING PLAN NARRATIVE (CHAPTER / / ,./ /////////////////////,(///////2////////////////////// rlw.oP -\ ;I / V.) FOR A MORE DETAILED DESCRIPTION OF MINING / ! (T•o) \\ I , TECHNIQUES AND SEQUENCING. i J / / .� \ A, -, / 4. HAUL TRUCKS WILL GENERALLY PROCEED TO AND �// \�' �� FROM THE EAST TO CONNECT TO S.H. 119 AND I-25. / PHASE _ ONE 'I ' __ • 9p,• 7 j MINING •x6FER❑ p=TRANSFER cTYPa ==� / at/ /� �f `_� j AREA gY POSEDIMENTATION: , W ////////////'/' _ POND - I4 / . % � MATER PUKE ~n� I W LEGEND / jr):. / �" %/� coevETOR lino . OPTIONAL SLURRY WALL '\/ 7 '�e / II a _ -DEWATERING TRENCH �{"' ✓ �, /�SURGE PILE "'aee---100 YEAR FLOOD CONTOURS (FT., MSL) �'P""6 NL- / HOPPER(TYP.) �1 --- ---GROUND SURFACE CONTOURS (FT., MSC) �r4i I N �� j'' �- GRAVEL PLANT AREA ''P z PHASE FOUR FENCING OFFICE A SCALE HOUSE I — TRAFFIC FLOW - / �.a-..a, �` SPHALT PLANT AREA MINING AREA TO fCONCRETE • PLANT #8 STOCKPILE / / __RR / / AREA ^ 6 CONSIST OF 1_I DISCHARGE / ak• PUNT /V I . _ € ^�POND PUMPI / („....0 PLANT AREAS 'DISCHARGE LOCKDON / / �/ cox:Ro��`. ////////.MINING PHASE BOUNDARY yTO CREEK / / ErICE j PIPE V - `Oa -ONE fB1B SILO _.._ •,././ AND PHASE FOUR). �� / / REGSTRA/:GN , 1 -�.` // /-TRUCK ASPHALT -. I 'y - PARK NG ff C Geo:ecmxca Engn,eers 3 � , PHASE I DEWATERING MESH /'2� / //�... l PARKING //'��^/�'� Em•e+memo Consunonls LENTEN SEC to T FIGURE D-1 -.TRANCE, `"R""" --- EXHIBIT D - MINING PLAN W1/1 CCR.SEC.IS v\x,ROM RIB R.M. COOLEY GRAVEL COMPANY rAosc LONGMONT OPERATION M>«a COUNTY 00.10 NO.20 vz "4nlRa-OD aNR� m+4— eew.rxW NV:IP„e• ~mm w ALH 3/94 3/94 """Pr SRS 3/94----"Zr, 3/94 CASE NO. 4f4hnusR511 : 24,0 ACRES NAME CAMAS Ct(.os , I pc, pPAt4DSUP F A REQUEST VFI- MINE Opeza RoN A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT 1555 NORTH 17th AVE., GREELEY, COLORADO 80631, ONE-(-20O1 AT O '3op„-, • FOR MORE INFORMATION CALL THE WELD COUNTY DEPT. OF PLANNING SERVICES AT (970) 353-6100 EXT. 3540. CASE NO. i .tad' " 1 • NAME &AMA's • • - .• 4 REQUEST mu . k,1, A PUBLIC HEARING CO " :- PROPERTY WILL BE HELD 17th AVE., GREELEY, CO # ` h ON 20t2i_AT FOR MORE INFORMAT= :" WELD COUNTY DEPT. `-_ SERVICES AT (970) ' -* . EXHIBIT 1 1 R P}-,, i ;Yr D� it i 4"{' Z 4 yr '. iJI� \ IS p,, F1+ Y W • V �%�� 'V* '� 1 ; Y 7y h v • >* 7 N r N !1 Ft 1 it i /4,,4,4r/©/11 7 o ,&1/ /96F6- T' ' � 1irilif, "aC y� ter,. F� .� Y�5 S .� k� S•r 3ti �T-1Y' c -..,,... I e•a g < . 2 r ;;, i . • S+tip �� . 5 1 S rf • b ' In 1',. 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