HomeMy WebLinkAbout20002271.tiff DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498
USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number _
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission
concerning a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the
following described unincorporated area of Weld County:
LEGAL DESCRIPTION:
NE4 SE4 SE4 NE4 31-6-66
PARCEL NUMBER: -Agra 4_g_gT.-A-a (12 digit number - found on Tax It. Inforrna:ionor
obtained at the Assessor's Office).
2. Surface owner(s) of area of land described
Name: Hall-Irwin Construction _Address: ;026 4 Ave Phone: 352_r;rL,j
Name: Address: Greeley rn Phone:
3. Owner(s) of mineral rights or substance to be mined
Name: Same as above Address: Phone:
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Warranty deed
(Include certified copy of any document(s) noted
5. Applicant's address: Weld County Department of Public Work; Phone:
Address: 1111 H Street, Greeley. CO 80631 _Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
ER-927 Jeff Gregg
7. Description of Operation
A Types and number of operating and processing equipment to be used
Bulldozer. grader. loader, trucks, pnrtahle prorecsing plant with—crusher
and screening unit B. Maximum number of employees: 25 , and number of shifts:
C. Number of stages to be worked: _ 3 , and periods of time each is to be worked Phase.:. 1 1-12 rs ,
Phase 2- ,1 1/2 yrs . , Phase 3- 1 1/2 yrs. Pit life 5 yrs. _—
14 EXHIBIT
2000-2271
C. Thickness of mineral deposit: _ 151 -20 feet, and thickness of the overburden: 5 I -b
E. This will be a wat/dry pit operation. The County will de-water the pit.
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer)_Fxi sting haul road arr.esses_a tt_o
Wilt 27 (R3rd Ave ) From the access _lnint trucks will travel north and
cnuth on WCR 27 (83rd Ave )
8. Description of reclamation
A. Proposed reclamation land use(s): Wildlife habitat/ Poudre Learning Centfr
E. Source of technical advise for reclamation: Soil Conservation Service and Colorado
Division of Wildlife _C. Explanation of Reclamation Process: Backfi 111 ng of overburden to slopes of no
greater than 3: 1 . Spread topsoil 6 to 10 inches over disturbed areas
and planting of grass and trees around the Perimeter of lake.
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans suomitted
with or contained within this application are true and correct to the best of my knowledge.
Sig ature: O r Authorized Agent
Rev: 1.27-97
15
83' Avenue Development
Weld County, Colorado
Application for amended USR-927 Gravel Pit
APPLICANT
Hall-Irwin Construction Company
3026 4`" Avenue
Greeley, CO 80631
and
Weld County Public Works
General Overview
The 83r° Avenue Development Pit is located in the central part of Weld County, three miles west
of the City of Greeley, CO, at 83`d Avenue and WCR 64. Hall-Irwin has just transferred the
Mineral Reclamation Permit and Succession of Operators to Weld County.
Weld County is mining the Herbst Pit to the west of the 83`d Avenue Development Pit at the
present time. We are amending the application to show the area where we ask for the release of
16.32 acres. This area shall be used by the Poudre Learning Center as an education site.
Weld County will make use of this additional gravel area to obtain sand and gravel for use in the
immediate quadrant of county roads to eliminate long hauling distances.
This procedure establishes an intermittent use of the pit. The mining plan is to haul material to
county roadways in the vicinity when the need arises.
Operating equipment will consist of a dozer, loader, trucks, and crusher plant.
Weld County has agreed through the Succession of Operators to mine and operate the pit th.
same as permitted.
AMENDED USR-927
83`d Avenue Gravel Pit
1. A completed application form.
2. A detailed description of the method of mining operation. The description shall include:
a. Mining and trucking operation (25+ employees)
Miscellaneous: dewatering pump, water truck
Processing equipment: crusher, screen unit
Earth moving equipment:tractor trailer,dozer,front-end loaders,trackhoe and haul
trucks
Two portable toilets and drinking water
b. The number of shifts to be worked and the maximum number of employees.
25 employees may work one to two shifts
Hours of operation are 5:30 A.M. TO 6:30 P.M.
c. Whether the operation will involve a wet or dry pit
This will be a dry pit operation. We will pump the gravel pit.
d. County roads and bridges to be utilized.
All users of the facilities will use the existing access route located on W('R ?7(83"'
Avenue.)
From the access point,trucks will travel north and south on WOK 27(83'd Avenue).
e. The size of the area and stages to be worked at any one time.
The permitted mining area was reduced t0 49.4 acres through the release c 16.32
acres in this amended permit.
Total permit area is 49.4 acres with 24+ acres being affected by the mining
operation.
There will be three phases approximately eight acres in size.
f. A time table giving the periods of time which will be required for the various states
of the operation.
The approximate time table for this location is from five to seven years. There will
be three phases, starting at the north end working south.
g. The depth and thickness of the mineral deposit to be mined and the thickness of
overburden to be removed.
1
The existing depth of our other pits in this particular area,range from 15 to 20 feet
±. The overburden consists of 5 to 8 feet,which will be stripped and stockpiled in
the designated area and will be utilized for reclamation and bending areas at the
existing and proposed sites.
h. The proposed use of reclaimed land and an explanation of the reclamation process
Weld County proposes to reclaim the land for wildlife habitat/Poudre Leami:ag
Center and water storage reservoir because of its proximity to the Cache La Poudre
River, a natural wildlife habitat.
Screening mounds along the perimeter will be constructed with side slopes u,
greater than 3:1 and will be revegetated. A mixture of seeds suitable for the total
area have been recommended by the Soil Conservation Service.
i. The source of technical advice in that type of reclamation for open cut mining land
Weld County Public Works Department utilizes the Soil Conservation Sen ice to
provide an adequate seed mix to revegetate all their pits throughout the Cot nty.
Mining practices throughout the existing county pits are on a continuous basis. The
Mining Department utilizes a technical staff for mining practices and state,county
and federal permitting. We use an environmental scientist, Darcy Tiglas, as a
consultant of the wetland area and the 404 permit.
3. A certified list of the names,addresses,and the corresponding parcel identification number assigned
by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the
property subject to the application. The sources of such list shall be records of the Weld County
Assessor, or an ownership update from a title or abstract company or attorney, derived from such
records, or from the records of the Weld County assessor, the applicant shall certify that such list
was assembled within 30 days ofthe application submission date. lA certification form is attached).
Please see attached certification list.
4. A certified list of the names and addresses of mineral owners and lessees of minerals on or under
the parcel of land being considered. The Source of such list shall be assembled from the records of
the Weld County Clerk and Recorder,or from an ownership updated from a title or abstract coinpan y
or an attorney, derived from such records. (A certification form is attached.)
Please see attached certification list.
5. The following documents or any other similar documents shall be submitted by the application i f
deemed necessary by the Board of County Commissioners or its duly authorized representative for
the protection of the health, safety, and welfare of the inhabitants of Weld County.
a. Applicant shall submit a copy of these reclamation plans submitted to the State of Colorado
Mined Land Reclamation Board. The reclamation plans must include a map showing
property boundaries, topography,bodies of water, and access.
2
A copy of the application to the Colorado Division of Mining and Geology is attached. if his
packet also includes the reclamation plan map. Approval Permit No. M-90-119, Revision
NO. AR-1, dated October 3, 1997.
b. Plans for obtaining water supplies for the mining operation.
The mining operation will use water for dust control and some material processing.
The water truck will be used to control dust on the haul road and site. The owner
has 62 shares of 200 shares by the W.R. Jones Ditch Company. Augmentation is
through Central Colorado Water Conservancy is in place.
c. Cross sections of drainage structures(culverts for access to county roads,interior hat I roads
crossing of pond or stream channeling.)
The proposed drainage structures will be culvert placements between the proposed
lake system to designated discharge points to the Cache La Poudre River.
d. Profile and typical cross section of haul roads.
The unpaved haul road has three to four inches of aggregate base course acequate
for heavy hauling. Dust control will be provided on the haul road with chemical or
water as needed.
6. A statement which explains how the proposed is consistent with the Weld County Comprehensive
Plan.
There will not be any farmland taken out of production. The application proposes the
continued extraction of recognized sand and gravel deposits and the return of affected lands
to a wildlife area/Poudre Learning Center. All activities at the mining site are guided by the
regulation of the Mine Safety and Health Act (MSHA and OSHA). The applicant is
proposing setbacks, noise controls, dust control, and general site condition which will all
comply with the policies and goals of the Comprehensive Plan.
7. A statement which explains how the proposal is consistent with the intent of the agricultural district
in which the use is located.
Mining is allowed and is consistent with the intent of the agricultural district. A crushing
plant is also consistent with mining. The zoning designation allows for the extraction of
sand and gravel as a use by special review.
8. If applicable, a statement which explains what efforts have been made, in the location decision for
the proposed use, to conserve productive agricultural land in the agricultural zone district.
The mining plan is limited to where the sand and gravel reserves are of known high quality.
9. Protection of the health, safety. and welfare of the inhabitants of the neighborhood of Weld County
are being considered by the applicant. Possible fugitive dust emissions from the site will he
3
minimized by watering, truck speed limits, and revegetation. Noise levels from the operation will
fall within the requirements for the industrial zone.
The site will be signed to help prevent trespassing and accidents.
10. A statement which explains the uses permitted will be compatible with the existing surrounding land
uses.
Surrounding land uses are primarily agricultural, with other permitted sand and gravel
operations to the north, west,and northeast of the site. Being a County operation,the truck
traffic will be limited to County hours. The operation will not require additional housing
or support services to be located in this agricultural area. Compatibility with the
surrounding uses will be assured by setbacks,noise limitat ions,and other restrictions on the
operation.
11. A statement which explains the proposed use will he compatible with the future developmen:of the
surrounding area as permitted by the existing zone and with future development as projected by the
comprehensive plan of the County or the adopted master plans of affected municipalities.
The future development of this site and the surrounding area is projected by the comprehensive plan
of Weld County to be agricultural and open space. The flood plain on this site further restricts any
significant land development. The reclamation plan includes a water storage facility and i he Poudre
Learning Center.
12. A statement which explains the Use by Special Review area is not located in a flood plain, geologic
hazard and Weld County Airport overlay district area;or that the application complies with Section
50, Overlay District Regulations as outlined in the Weld County Zoning Ordinance, as amended
The mining activities are located in the 100-year flood plain. Mining equipment is portable
and will not impede flood waters nor will any debris float away. The site is not on a
geologic hazard area or airport overlay district.
A Weld County Flood Hazard Development Permit prepared by Tuttle Applegate was
completed.
13. Proof that a water supply will be available which is adequate in terms of quantity, quality, and
dependability(e.g. a well permit or letter from a water district)>
Domestic water is not being used for the mining operation. Water needs for the operation
will be supplied by ground water that is augmented with water rights owned by the owner.
Drinking water will be provided for the employees.
14 A copy of the deed or legal instrument identifying the applicant(s) interest in the properly under
consideration. If an authorized agent signs the application for the owner(s), a letter granting power
of attorney to the agent from the property owner(s) shall be provided.
Warranty Deed with legal descriptions are enclosed.
4
15. A noise report, unless waived by the Department of Planning Services, documenting the methods
to be utilized to meet the applicable noise standards.
The noisiest piece of equipment used at this operation is the rock crusher. Noise levels of
the rock crusher have been taken by the Mine Safety and I lealth Administration of tl-e U.S.
Department of Labor and meet applicable noise standards.
16. Other information determined necessary by the Board of County C ommissioners or the Department
of Planning Services will be provided upon request.
m:Aup I iles\mining\83-usr927
5
APPLICATION AND REPORT
FOR
REGULAR (112) OPERATION
83RD AVENUE DEVELOPMENT (AMENDED)
Weld County, Colorado
April, 1994
DIVISION OF MINERALS AND GEOLOGY
PERMIT APPLICATION
M-90-119 (Amended)
Submitted by: Weld County Department of Public Works
933 N. 11th Avenue
P.O. Box 758
Greeley, CO 80631-0758
Phone - (303) 356-4000, Ext. 3750
Attn: Donald Carroll, Administrative Manager
Table of Contents
PaLf.
General Overview
Application Forms:
Colorado Mined Land Reclamation (112 Amendment)
Exhibit A - Legal Description
Exhibit B - Index, Vicinity map
Exhibit C - Pre-Mining and Mining Plan Map(s) Back Packet
of Affected Lands
Exhibit D - Mining Plan Back Packet
Gravel Information
Mining Plan Map
Exhibit E - Reclamation Plan
Exhibit F - Reclamation Plan Map Back Packet
Exhibit G - Water Information
Exhibit H - Wildlife Information
Exhibit I - Soil Information
Exhibit J - Vegetation Information
Exhibit L - Reclamation Costs
Exhibit M - Compliance With Local Zoning
Exhibit N - Other Permits and Licenses
Exhibit 0 - Source of Legal Right to Enter
Exhibit P - Owner of Record of Surface and Subsurface
Exhibit Q - Municipalities Within Two Miles
Exhibit R - Proof of Mailing of notification to county commissioners and Soil
Conservation District
Exhibit S - Proof of filing with Weld County Clerk and Recorder
REGULAR OPERATION (112)
RECLAMATION PERMIT
APPLICATION FORM
CHECK ONE: _ New Application (Rule 2) x Amendment Application (Rule .8)
Conversion Application (Rule 1 . 10)
The application for a Regular Operation Reclamation Permit contains three ma3or parts
(1 ) the application form; (2) Exhibits A—S; and , (3) the application fee. When you
submit your application, be sure to include one ( 1 ) signed original and four (4) signed
copies of the application form, five (5) copies of Exhibits A—S, and a check for the
application fee described under Section (14) on Page 3. To expedite process ng , plea e
provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided , all information described below.
1 . Applicant/operator name: WELD COUNTY -
1 . 1 Type of organization (corporation, partnership , etc . ) : GOVERNMENT --
2. Operation name (pit, mine or site name) : - 83RD AVENUE DEVELOPMENT
2 . 1 I .R.S. Tax ID No. or Social Security No. : 846000813
3. Permitted Acres : 65.4 Permitted s:res
Please indicate acreage to the nearest tenth ( 10th) acre.
3. 1 Application fee ( see Section 14) : $1,550.00 _ Applicatior fee
4. Substance( s) to be mined (e .g. , gravel /gold/borrow) : SAND AND GRAVEL —_
5 . Name of owner of surface of affected land : HALL-•IRWIN CONSTRUCT ON
6. Name of owner of subsurface rights of affected land : SAME —_
If 2 or more owners , refer to Exhibit P .
7. Type of mining operation : x Surface __ Underground
8. Location Information: the center of the area where the majority of miring will
occur lies in:
COUNTY: WELD
PRINCIPAL MERIDIAN (check one) : LL 6th (Colorado) 10th (New Mexico) U :e
TOWNSHIP (write number and check direction) : T 6 x North _ Sou:h
RANGE (write number and check direction) : R 66 _ East x Wes -
SECTION (write number) : S 31 —
QUARTER SECTION (check one) : — NE — NW _- SE — Sd
QUARTER/QUARTER SECTION. (check one) : 1_ NE — NW _- SE _ Sal
GENERAL DESCRIPTION:
(miles and direction 3 MILES WEST OF GREELEY from nearest town and
approximate elevation) 4710 --
-2-
9. Correspondence Information:
APPLICANT/OPERATOR (name, address , and phone of name to be used on permit)
Individual ' s Name: KENNETH SCHRAEDER - MATERIALS DIVISION (MINiu .
Company Name: WELD COUNTY -- --
Street: P 0 BOX 758 ---
City: GREELEY -_
State: co Zip Code: -80632-- _-_
Area Code : 303 Telephone: 356-4000 X 3750
PERMITTING CONTACT (if different from applicant/operator above)
Individual ' s Name: DONALD CARROLL, ADMINISTRATIVE MANAGER
Company Name: WELD COUNTY --
Street: P 0 BOX 758
City: GREELEY -- —_
State: CO Zip Code : 80632 -- —_
Area Code: 303 Telephone: 356-4000 X 3750
INSPECTION CONTACT
Individual ' s Name : KENNETH SCHRAEDER
Company Name: _
Street: -- ---
City: --
State : Zip Code:Area Code: Telephone:
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: -- --
Street:
City: —
State: Zip Code:
Area Code: Telephone:
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street: ----
City: ---
State: Zip Code: —
Area Code: Telephone: -- --
-3—
10. Primary future x Cropland(CR) _ Pastureland(PL) Gene-al Agriculture( GA)
(Post—mining) _ Rangeland(RL) _ Forestry(FR) _- Wildlife Habitat(WL
land use Residential (RS) _ Recreation(RC) _ Industrial /Commercial ( IC)
(check one) : _ Developed Water Resources(WR) _ Solid Waste Disposal (WJ)
11 . Primary present _ Cropland(CR) x Pastureland(PL) General Agriculture(GA)
land use _ Rangeland(RL) _ Forestry(FR) - Wildlife Habitat(WL)
:check one) : Residential (RS) Recreatlon(RC) _ Industrial /Commercial ( IC)
Developed Water Resources(WR)
12 . Method of Mining: _ Quarry (QR) _ Solution (SO)
12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel ) .
13 . Or Site Processing : _ Solution (SO) _ CChemical (CH ) Thermal ( T1)
Heap Leacn (HL) _ Vat Leach (Vi_)
14. Application Fee :
The application fee for Quarry mining is $2 , 325 .
The application fee for Solution mining or any Chemical or Thermal Processing
is $3, 100.
If none of these methods or processes are to be included in the operation then the
application fee is $1 ,875.
The application fee for conversion to a 112 permit is $1 , 500 .
112 Amendment application fee is $1 ,550.
An applicant will not be issued a reclamation permit until notified by the Division that
this application and the required performance and financial warranties have been
approved . Alternatively, an automatic approval will occur where the Division fails to
notify the applicant/operator that the application has been denied . The final agency
action must be made within 120 calendar days from the date the application was
submitted . However, the performance and financial warranties must be approved by tre
Division or Board before a permit will be issued even if you receive an automatic
approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2) ) .
It shall be a provision of this permit that the operations will be conducted in
accordance with the terms and conditions listed in your application , as well as wits the
provisions of the Act and the Mineral Rules and Regulations in effect at the time tre
permit is issued.
-4—
Notice Requirements
Immediately after the first publication of your notice in a newspaper of general
circulation in the locality of your proposed mining operation , you must mail a copy o :
the notice to all owners of record of surface rights to the affected land and all owners
of record of lands that are within 200 feet of the boundary of the affected and .
Notice requirements are specified in Rule 2.2. A copy of a form which includes all
required information for the notice has been attached for your use. You wil need to
provide the Division proof of notice prior to the decision date, which may be by
submitting return receipts of a certified mailing or by proof of personal service
(Rule 2.2.2(6) ) .
NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions , changes , and
deletions to this document prior to final decision by the Mined Land Reclamation Boari
or Division. Therefore , if you have any comments or concerns , you should contact the
applicant or the Division prior to the decision date so that you will know what changes
may have been made to the application document.
The Division is not allowed to consider comments , unless they are written , aid received
prior to the end of the public comment period. You should contact the appli =art for the
final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Division' s review and
decision or hearing process , you should contact the Division at (303) 866-3557 .
As an authorized representative of the applicant, I hereby certify that the operation
described herein has met the minimum requirements of the following terms and conditions :
1 . This mining operation will not adversely affect the stability of any
significant, valuable and permanent man-made structure(s) located within two
hundred (200) fee of the affected lands . However, where there is an agreement that
damage to the structure is be be compensated for by the applicant/operator (C.R. S.
34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement
must be submitted to the Division prior to the decision date.
2 . No mining operation will be located on lands where such operations are
prohibited by law (C.R.S. 34-32-115(4)(f) ) ;
3 . As the applicant/operator, I do not have any mining/prospecting operation in
the State of Colorado currently in violation of the provisions of the Mined Lan(
Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding.
-5-
4. I understand that statements in the application are being made under penal
of perjury and that false statements made herein are punishable as a Class I
misdemeanor pursuant to Section 18-8-503, C.R.S.
Signed and dated this 25th day of April 1994 •
Weld County, Colorado _
Applicant/Operator 9 If Corp ration Atrest (Sea )
By: //r ( /�_J� �� By: �a
Z;hd?
airman, �We�l County U4`/27/94
Title : Board of Commissioners m xiiinR:t$X$XAAXfSGth 1}E` G.
XEX� XCounty Clerk to Board
By: G x�,,AZe c,
Deputy Clerk to Board
State of Colorado
ss .
County of Weld
The foregoing instrument was acknowledged before me this 25th day of April , 1954
by W. H. Webster as Chairman of the Weld County_Board of_ _
Commissioners.
Notary Publi4
MY commissoa E)0'.G1cS JATL IL 1944
My Commission Expires :
(04/92) 2823F
_ STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver,Colorado 80203
Phone:(303)866-3567
FAX:1303183 -8106 DEPARTMENT OF'
NAT UR\L
RESOURc'IS
Ro' Romp
Cn rerncr
Run Salaz'
F.x cuvve'hre(to
PERFORMANCE WARRANTY r"i.-hael 8 Long
o,.,sior Effector
Operator : WELD COUNTY --
Operation: 83RD AVE DEVELOPMENT --
Permit No: M-90-119
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act , CRS as amended ,
34-32-101 et seq. (the "Act") , as amended, provides that no permit may be
issued under the Act until the Mined Land Reclamation Board (the "Board")
receives a performance warranty (or warranties) that is a written promise to
comply with all applicable requirements of the Act.
WHEREAS, WELD COUNTY (the "Operator") , has
applied for a permit to conduct a mining operation known as 83RD AVE
DEVELOPMENT (the "Operation") on certain lands in WELD
County, Colorado. These lands are described in the permit application , as
amended and supplemented , and are referred to herein as the "Affected Lands" .
WHEREAS, in its application for the permit , the Operator has agreed
to be bound by all requirements of the Act and all applicable rules and
regulations of the Board, as amended from time to time.
WHEREAS, the Board has determined , in accordance with the Act, that
the estimated costs of reclamation with regard to those affected lands
in WELD County which are now or may become subject to the permit
are those amounts for the stated periods of time as set forth in the financial
warranty, which may be amended from time to time to reflect revised estimates
of said costs of reclamation .
WHEREAS, the Operator hereby gives the Board a performance warranter
pursuant to Section 34-32-117(2) of the Act, and herein promises the Board
that will comply with all applicable requirements of the Act with regard to
those Affected Lands .
-2-
NOW, THEREFORE, the Operator hereby promises the Board that it will
comply with all applicable requirements of the Act and rules and regulations
of the Board with respect to the Affected Lands .
FURTHER, the Operator hereby promises the Board that it will comply
with all of the terms of the application for a permit, as amended and
supplemented , as well as any conditions attached to the permit by the Board .
Further, the Operator promises the Board, pursuant to 34-32-112( 1 ) (d)
of the Act, that it has the lawful authority to enter upon the Affected Lands
to conduct mining operations, including, but nct limited to, reclamation . Th?
Operator further recognizes the right of the Bcard to enter to reclaim lands
affected by the operation .
The description of lands herein is for convenience of reference only,
and no error in such description, nor any revision of the permitted mining
area, nor the disturbance by the Warrantor of lands outside of the permitted
mining area shall alter or diminish the Operator' s obligation hereunde, , which
shall extend to the reclamation of all such lands disturbed.
The obligation of the Operator hereunder is such that, if the
Operator shall successfully comply with the requirements of the Act,
applicable rules and regulations , and the permit, then the Board , upon a
finding that the Operator has so complied, shall release this performance
warranty, and the Operator from its obligation hereunder, to the extent that
the Board determines that such compliance has been accomplished. The
obligation of the Operator hereunder shall continue until released in whole cr
in part by the Board in accordance with applicable law.
In further satisfaction of the requirements of the Act, the Operator
has attached hereto its financial warranty, which may be amended from time to
time. The Operator agrees that it will maintain a financial warranty (or
warranties) for the estimated costs of reclamation in good standing for the
entire life of the permit.
If the Board determines that the Operator is in default under this
performance warranty and has failed to cure such default, although written
notice of such default and ample time to cure such default have been given ,
the Operator' s financial warranty shall be subject to forfeiture .
This performance warranty may be executed in multiple copies , each of
which shall be treated as an original , but together they constitute only one
agreement, the validity and interpretation of which shall be governed by the
laws of the State of Colorado.
-3-
The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns .
SIGNED, SEALED AND DATED, this 25th day of April , 1994 .
•
WELD COUNTY, COLORADO (SEAL)
Operator
By: /!� �^ &JLoL/27/9
•Vr t
Title: Chairman, Weld County Board of Commissionary
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF COLORADO
) ss .
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 25th day
of April _ 1994 , by W. H. Webster
as Chairman Of the Weld. County Board of Commiscinreis
-77
UV' Y)//i "A..)
NOT PUBLIC MX COMMISSION EXPJRES JAN. 1, lax
My Commission expires :
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
By: _ Date
Division Director
(03/92)
6427F
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY {�
Department of Natural Resources "ECE,�a R
1 313 Sherman $L HC 0 • T
, Room 215 C "S9
Denver,(303)866-35 7 RECEIVED APR 2 6 499't
Phone:(303)866-3567
FAX:(303) 832-8106
TRANSFER OF MINERAL RECLAMATION PERMIT DF_PARTMEN"o
AND NATURAL
SUCCESSION OF OPERATORS RESOUR( _ES
APPLICATION PACKAGE
K,n>alizir
(wen,n e )ireac-
m chae B Long
Applicability Flvi,ioi h Long
This document applies to mining operations where the current permitted mine operator
wishes to transfer the Reclamation Permit and permitted reclamation responsibilities t
a Successor Operator (a new operator) . Please follow the instructions provided in thi
package for filing an application; Mineral Rules and Regulations Number 1 .7 (Permit
Transfer application requirements) should also be reviewed prior to complet' nq this fc m.
Filing Requirements
To apply for a transfer please submit the following to the Division :
1 ) A "Transfer of Permit and Succession of Operator" application form, signed and
notarized by BOTH the current permittee and successor operator;
2) The Application Fee of $100.00;
3) A Performance Warranty Form bearing an original notarized signature of tie
successor operator; and ,
4) Financial Warranty:
A) You have the option to WAIVE YOUR RIGHT to a thirty (30) day processing tine
to allow the Division time to recalculate the required financial warranty; or ,
B) You may choose NOT TO WAIVE YOUR RIGHT to a thirty (30) day processing time .
In. such case, the Division will recalculate the required financial warrant
within sixty (60) days from the decision date. The required RECLAMATION BOND
COULD BE SUBSTANTIALLY INCREASED at that time. If the financial warranty ` s
increased , you will then be required to post the additional financial
warranty.
This application package contains the "Transfer of Permit and Succession of Operator"
application form, and a Performance Warranty form for your use . Rule 7 .4 of the Mineral
Rules and Regulations describes the various acceptable Financial Warranty types . Ple :se
contact the Division to obtain the appropriate Financial Warranty form.
Upon submittal of this application , the application fee, and the replacement performance
and financial warranties the Division of Minerals and Geology (the "Division ' ) will
review the reclamation costs of the permitted operation. The Successor Operator must
post a new bond prior to approval of the permit transfer . The Successor Ole -ator wi
be notified if additional reclamation bond is required within 60 days of app-oval if rou
do not wave your right to a decision within 30 days . The Division will not' 'y y both
operators upon completion of the permit transfer . -
( '
TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS
APPLICATION FORM
The application for a Transfer of Permit and Succession of Operators must contain foul
(4) major parts : 1 ) an Application Form; 2) an Application Fee ; 3) a Performance
Warranty (attached as part of the Application Package) bearing the original notarized
signature of the Successor Operator; and, 4) a replacement Financial Warranty provider
by the Successor Operator, bearing an original -iotarized signature . To expedite
processing, please provide the information in the format and order described beicw.
I . =INANCIAL WARRANTY INFORMATION (Choose ONE Option) :
1 . Option A: // lL/J '1/0(.7' I wish to WAIVE MY RIGHT to a 30- day
(Initial & Date) processing time to allow the Division of
Minerals and Geology to recalculE..te the
Financial Warranty requirement:; .
2. Option B: I DO NOT WISH TO WAIVE MY RIGHT o a
(Initial & Date) 30—day processing time. I hereto/ submit a
replacement Financial Warranty for the sire
dollar amount as the Financial Warranty
maintained by the current operator . I
understand that the Division of Minerals and
Geology will -ecalculate the required
reclamation bond within 60—days from the
decision date and the required FINANCIAL
WARRANTY COULD BE SUBSTANTIALLY INCREASE. at
that time. As the new operator , I agree to
be responsible for posting any req. red
increase to the financial warrarty or good
cause shown , in a form acceptable to the
Board , within 60-days of such notice .
-2-
II . ADMINISTRATIVE INFORMATION:
Permit Number: M-90-119
2. Operation Name: 83RD AVE DEVELOPMENT
:3. Current Permitted Operator:
Contact Person: SCOTT MASICompany Name: SHALL—IRWIN CONSTRUCTION CO__
Stree:: P 0 BOX 649
City: GREE EYE
State : Co Zip Code : 86'1
Area Code: __303 Telephone: 352-6057
4. Successor Operator :
Contact Person : KENNETH SCHRAEDER - MINING DIVISION
Company Name: WELD COUNTY GOVERNMENT
Street: __P 0 BOX 758
City: GREELEY
State: __CO - Zi p Code : _80632_.
Area Code : 303 Telephone: 356-4000 X350_
IRS Tax ID No. or Social Security No. : 846000813
5. Application Fee: $100.00
Make check payable to the Division of Minerals and Geology
-3-
III . 1 . Yes : X As the successor operator do you have a complete c)py , as
is available, of the approved reclamation applicatior to
No: include any permit modifications?
A copy of the approved application and any modifications tc
the permit may be purchased through the Division . Unless
you specify which portions of the permit file you wart
copied the entire file will be copied. The Division will
send the entire file , or portions you specify, to an
outside vendor and you will be billed accordingly.
X
2 . Yes : Have you verified that the permit area you are assumng
reclamation responsibility for is the area descrited in the
No: approved permit application?
3. Yes : X Have you verified that you have legal right of entry .0
conduct mining and reclamation?
No:
-4-
IV. RECITALS
1 . On , 1994 Permit Number M-90-119 was granted
to HALL—IRWIN CONSTRUCTION (existing operator)
( 'Permittee") , pursuant to which Permittee has been conducting a mining
operation in the County of WELD , State of Colorado.
2. Permittee wishes to assign the permit to WELD COUNTY
( new operator) , as Successor Operator ( "Successor" ) and Successor wishe , to
become Successor Permittee under the permit .
3 . Successor understands that the reclamation plan (the "Plan") requ red by
the permit and by applicable State laws and regulations has not been completed
and is willing to assume full responsibility for the completion of the Plan
-
V. AGREEMENTS
Permittee and Successor hereby agree , for their own benefit and for the
benefit of the State, such agreements to be effective ipso facto upon tie
approval by the State of the transfer of the Permit from Permittee to
Successor, as follows :
1 . Successor has inspected the mining and reclamation operations to its
entire satisfaction and is fully aware of the conditions thereof. Successor
understands and accepts all of the conditions of the Permit .
2. Successor will complete the reclamation plan , and hereby assumes
liability for completing such plan as to all areas heretofore disturbed , as
well as to all areas hereafter disturbed. Successor will perform all of the
obligations of the Permittee under the Permit which have not heretofore been
performed by Permittee .
3. Successor hereby tenders to the State its attached Performance and
Financial Warranties* , which are to be substituted for the Performance and
Financial Warranties heretofore filed by the Permittee , effective upon the
release of the latter Warranties .
4. Successor represents to the State that, to the best of its knowledge
information and belief, it is not in violation of any of the provision of the
Colorado Mined Land reclamation Act with respect to any other operation
conducted by it in the State. of Colorado.
-5--
Permittee and Successor hereby request the State to consent to the assgnment
of the Permit, to recognize Successor as Successor Operator under the Permit,
and to accept the tendered substitute Performance and Financial Warranties ' r
place of the Warranties presently on file with the State.
PERMITTEE SJCCESSOR OPERATOR
HALL-IRWIN CONSTRUCTION WELD COUNTY
Name of Permittee Name of Successor
•
By q &VI/1aq,, ' By ( ,i1X/ • /(_ tt- '.'7/
Signature of Officer Signature of Officer o4/2734
Chairman, Weld County Board
Y/Cc. f 'si✓v=A/e of Commissioners
Title of Officer Title of Officer
NOTARY FOR PERMITTEE
State cf COLORADO )
County of WELD )
The foregoing instrument was acknowledged before me this /_3 day
as Y�,' �' �;; ��,�r_. Of ff.�%�—_I��r�� .d ( ti .TA'4t'y. :1� � •
Notary Publ i c �G .t..-� - =-7i// )
My Commission Expires /C'/c q,,7 J
NOTARY FOR SUCCESSOR •
State of COLORADO )
County of WELD )
The foregoing instrument was acknowledges before me this 25th day
of April , 1994 , by W. H. Webster
as Chairman of the Weld County Board of Commislilnars •
Notary Public
My Commission Expires _
MY COMMISSION EXPIRES JAN. 1, 19%
-6-
CONSENT OF STATE
EXECUTED this day of _, 1994 -
(a) Consent is hereby granted to the transfer of the Permit referred to
From HALL—IRWIN CONSTRUCTION to WELD COUNTY
(b) WELD COUNTY M-90-119 ---�
is hereby recognized as Successor Operator under such Permit .
(c) The Performance and Financial Warrant' substitution above proposed s
hereby accepted and approved.
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF MINERALS AND GEOLOGY
By
Division Director
(08/93)
3117F
EXHIBIT A
LEGAL DESCRIPTION
A tract of land being the northeast quarter of the southeast
quarter and all that part of the southeast quarter if the
northeast quarter of said Section 31 , which lies South of the
Cache La Poudre River , all in Township 6 North , Range 66 West of
the 6th Principal Meridian , County of Weld , State of Colar.ado and
being more particularly described as follows :
Commencing at the northeast corner of said Section 31 and
considering the East line of said Section 31 to bear South 01'
20 ' 22" West , with all other bearings :ontained hereir being
relative thereto ;
Thence South 01° 20 ' 22" West, 2349 . 72 feet to the true point of
beginning ;
Thence South 01° 20 ' 22" West, 1625 . 83 feet to the southeast
corner of said northeast quarter of the southeast quarter ;
Thence south 88° 33 ' 23" West , 1421 . 84 feet to the southwest
corner of said northeast quarter of the southeast quarter ;
Thence North 02° 28 ' 54" East, 2098. 57 feet to a point on the
South Bank of the Cache La Poudre River;
Thence easterly along said South Bank by the following six ( 6 )
courses :
South 71° 51 ' 41" East, 19 . 92 feet;
South 87° 39 ' 23" East, 227 . 27 feet;
North 71° 00 ' 28" East, 418. 35 feet;
North 88° 49 ' 43" East, 159 . 80 feet;
South 43° 29 ' 31" East, 537 . 64 feet;
South 49° 21 ' 03" East, 259 . 84 feet to the true point of
beginning ;
Said tract of land contains 65 . 408 acres , more or less , and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
tract of land.
DONALD Carroll -TRAILLEA.WPD gel
LEGAL DESCRIPTION
A tract of land being the northeast quarter of the southeast quarter and all that part of the
southeast quarter of the northeast quarter of Section 31. which lies South of the Cache-la-Poudre
River, all in Township 6 North,Range 66 West of the 6th Principal Meridian, County of Weld.
State of Colorado, and being more particularly described as follows:
Commencing at the northeast corner of said Section 31 and considering the East line of said
Section 31 to bear South 01° 20' 22" West, with all other bearings contained herein being relative
thereto;
✓ Thence South 01° 20'22" West,3475.55 feet to the True Point of Beginning;
Thence South 01° 20' 22" West, 500.00 feet to the southeast corner of said northeast quarter of
the southeast quarter;
Thence South 88° 33' 23" West, 1421.84 feet to the southwest corner of said northeast quarter of
the southeast quarter;
Thence North 02° 28' 54" East, 500.00 feet;
Thence North 88° 33'23" East, 1421.84 feet to the True Point of Beginning;
Said tract of land contains 16.32 acres, more or less.
M\WPFlLES\DEEDS\Trailkun,./pd
EXHIBIT B
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C.1918 •_.. • • • —
0 2000 (1\
1'2000' N
EXHIBIT D
MINING PLAN
The site presently consists of cropland, a wetland , and an area
of disturbance . Farming occupies the north and south porti. Dns of
the site with the wetlands and the disturbed land situated in the
middle of the property . The disturbed land consists of piles of
trash and scattered heaps of trees .
The 83rd Avenue Development mining operation will consist of
approximately 65 . 4 acres . Of the total 65 . 4 acres on-site , only
40 acres will be mined ( See Exhibit C ) .
A geotechnical investigation of the property revealed the s it
strata to be 6 inches of topsoil ; 5- 1 /2 to 9- 1 /2 feet of
overburden consisting of silty clay, sandy silt , and silty sand
which overlays 6 to 14 feet of quality sands and gravels . All of
the sand and gravel on-site is situated below the groundwater
table , therefore , dewater:ing will be required during the mining
operation.
The discharge water from the site will require a NPDES discharge
permit as issued by the Colorado Department of Health. The owner
of the mining operation will obtain this permit prior to
excavation. The wash water associated with processing_. if the
product will be delivered to a sedimentation pond before being
released to the Cache La Poudre River .
The pit will be excavated to a depth of 15 to 20 feet . Mining
shall commence in the northwest portion of the site and proceed
in an easterly direction proceeded by a portable crusher and
screen . An area approximately 400 feet by 400 feet wil._ be
excavated at a time and shall be reclaimed while mining occurs in
the next designated area to the east . This method of mining will
be used to reduce the amount of disturbance to the site ,
wildlife , and groundwater.
Excavation will be performed by front-end loaders ar.d/or
backhoes . The material will be processed near the pit opening .
Overburden and topsoil shall be stockpiled along the west, south
and east perimeters of the pit. Upon processing , the product
will be stockpiled and hauled from the site .
The annual production of the pit is highly variable and dep ndent
upon need for the resource due to economic growth in the Greey ,
Windsor , and the Weld County area. The anticipated production of
the site is 75 ,000 to 120,000 tons per yea: based on the cirnt
growth of the area and the proposed processing equipmer:t tc be
used on-site . The mining operation will involve 2- 1 / 2 to 4 ao:es
per year based on the production range stated above . Table 1
lists the maximum amount of disturbance at any given time , Th'se
figures will also be used to determine the annual cost of
reclamation.
TABLE 1
MAXIMUM ANNUAL DISTURBANCE
Major Disturbance
Mining 4 . 00 Acres
Stripping 4 . 00 Acres
Overburden Stockpiles 1 . 00 Acres
Moderate Disturbance
Processing Site 2 . 00 Acres
Roads 0 . 90 Acres
Graded Land from Previous Year
of Mining 0 . 71 Acres
Minor Disturbance
Preparation of Reclamation Areas 0 . 50 Acres
The amount of disturbance anticipated in each phase has been
determined from evaluating Exhibit C.
Approximate life of this mining operation will be 20 years .
D-2
ti
EXHIBIT E
RECLAMATION PLAN
Reclamation of the site will consist of a pond and pastureland
( See Exhibit F ) .
The reclamation as proposed was chosen for its compatibility with
the existing area. The creation of a pond in this area will
enhance the wildlife habitat presently found in the riparian
area. The remaining portions of the site will be used as
pastureland .
The resource will be mined to the underlying bedrock . Ove:burden
and processing plant fines will be redistributed to prcvide a
stable base for the reseeding along the bank shores .
over alil
l
will then be redistributed to a cep n 10 inches
disturbed areas and down to the water line . N r ve t
egetated
slopes will be steeper than 3 : 1 allowing seedog
he
shoreline as well as providing safe access to the pcnds , Slopes
of 6 : 1 to 8 : 1 will be located around the pond to establish a
wetland habitat. An island will also be constructed to encourage
wildlife to the area . Overburden stockpiles will be seeded if
they sit longer than one growing season.
It is anticipated the mining operation will not consume more than
four ( 4 ) acres per year and reclamation will be done immediately
following the mining . Therefore , we anticipate the maximum
reclamation in any given year will consist of four ( 4 ) acres of
grading and backfilling of overburden material. Also there will
be another half acre ( 25% of the two acres in Exhibit. L ) that
would be reseeded to allow for nongermination from the previous
year . Release of the financial warranty for this seeded area
would not have occurred. See Exhibit L for the associated costs
related to each reclamation duty
Following this exhibit are Soil Conservation Service ( SCS )
recommendations on soil preparation, seed mixtures , fertilizers
and mulching .
The seeding rates are drilled. If broadcast, double the amount:
given . Western wheatgrass will he used to seed stockpiles left
more than one growing season.
Weeds are not expected to pose a problem in revegetat: nc the
site . If they do become a problem , they will be controlled
mechanically rather than chemically so that native species will
not be destroyed by the application of herbicides .
The following remarks are in response to Rule 6 , Reclamatior
Performance Standards :
6 . 1 Grading
a ) Grading will be carried out to create a topograph
appropriate to the final land use , which is a pond ann
pastureland .
b ) Grading will be continuous and uniform , and wi '_ _ be
performed to minimize erosion and siltation . Lanc
outside of the disturbed area will not be affected by
mining operations . There will be no highwalls ir. thir
operation . No slopes will be steeper than 3 : 1 above
water and 10 feet below water with 2 : 1 slopes -.n water:
deeper than 10 feet.
c ) Grading and topsoilir.g are to be a contemporaneous
operation with the mining process .
d ) No acid- forming or toxic producing materials are know:
to exist in the materials to be mined . Refuse ai ;- ro-
be generated on the affected land nor will an" . efus.
be disposed of in the mining process .
e ) No auger holes or shafts are associated with thi:
operation .
f ) Slopes will be graded to be compatible with tle fina
land use . Swimming facilities are not included in th-
reclamation plan .
g ) None of the reclaimed land will be used fc
horticulture .
6 . 2 Water
a ) The mining operation is expected to have a minimal
lowering of the groundwater table in the vicinity .
This lowering is temporary for the life of the
operation and is not expected to cause a detriment to
existing wells . Exhibit G further addresses tte impact
on the site ' s hydrologic balance .
1 . This operation will be in compliance with
applicable Colorado Water Laws and Regulations
governing injury and existing water richts .
Applications for change of water rights and plan
of augmentation has been filed in the Water Ccurt ,
Water Division No . 1 .
2 The operator will comply with Federal and State
regulations governing water quality . A NPDES
discharge permit as issued by the Colorado
Department of Health will be required prior to
discharge associated with the 112 Permit .
3 . There are no dredge and fill requirements -.hat
pertain to this site .
4 . This operation will not require siltation
structures in drainageways .
b ) No earthen dams or impoundments are necessary at this
site .
6 . 3 Wildlife
a) Impacts on local wildlife populations are expected to
be negligible . No trees or woody vegetation along the
river will be disturbed .
b) Enhancement of wildlife habitat is expected upon
reclamation at this site . Existing wildlife habitat is
not anticipated to be greatly affected during the
mining operation because the riparian area along the
Cache La Poudre River will not be disturbed .
6 . 4 Topsoiling
a) Overburden will be scraped, stockpiled, and seeded if
left more than one growing season . This will maintair
it in a usable condition for such time when it will be
necessary to replace the overburden during reclamation ,
b) Existing trees found along the riparian 4i:__ b€
undisturbed and followed to remain on-site .
c) Overburden stockpiles will be placed just outside the
pit area . The area of the stockpiles has been
considered in the calculation of affected area.
d) Once stockpiled, the overburden will be rehandled whet
reclamation commences .
e ) The final surface will be graded to insure stability of
the pit side slopes .
f ) The existing overburden and plant fines are an adequate
- growth medium with fertilizer.
g ) Soil amendments will be added as deemed necessary .
h) No vegetation piles are anticipated .
6 . 5 Revegetation
a ) Revegetation with native species is a part if the
reclamation plan .
b ) No portion of this area will be reclaimed as forest
land .
c ) The choice of reclamation for this site is pastareiand
and a pond . The majority of the slopes will 'ae 3 : 1',
gentle enough for livestock and wildlife to traverse .
Slopes of 6 : 1 to 8 : 1 will be constructed tc allow
wetland and riparian plant species tc become
established . Seeding will be done by either
broadcasting or drilling .
d ) Environmental factors have been considered in the
chosen reclamation plan. Slopes will be adequately
stabilized by compaction during the grading operation .
-
Further surface stability will be provided by the
vegetation as it becomes established .
e ) All proper methods and techniques norial to J will be
preparation and protection for agriculture
followed in order to establish vegetation in accordance
with the reclamation plan .
f ) Mechanical weed control shall be used at the site i:
order to protect native species from herbicides
g) Fire lanes are not necessary due to the lack of forest
cover. and h ) The plsite
ll be
scarified
do:
along with the rest of the site upon completion
mining.
i ) No adverse surface characteristics are expected . The
area topography is relatively flat. Reclamation wil .
be done to match existing conditions where practical .
••I. . . ..E .. • . :'r.:. - !.
�'f'r.1E1•,� - r .. . . w i c.
.., r r -
.;:::!1 E7 751N,--;r - i•t'\' r:i . or? AGRFP"71-r' li
r , el .-1 1 SEE PI._.Ai 1 NAPS Ei ...PA ;•?.:ji
(. [: t.,-.). : _}.._._ 1- t ar :
:. i . I'.i,:, ,y:-. J P:ar•:cn. it=: UPI A 'D
:'r -.,--t . Nr.me: RECLAMATION SEEDING I SEE 'iifT S
c:ai.1E-ir:.. i.-,F,P. ---------- -.F:Car",ni., :'1r,pi..: f,.ir', : -'._.-_--_. -_-. _.
Method- I-'.a,te ,:irr t 'C -- •1 ,.- '
;' .1 dates :Sep 1-r_ - Oct 15 (h-i11-,7,n .r tr,:l.
F"' -.,t- r1s,i'.c� _ .
F, ..-E ,: Ii►r r .ai.: 1 r'.;ri •
T;.—c .,dc as? dl: r e3 't.
`=Tub 1 r. Mr ill 1 1 Tyr e- (ar'ac '
I x.r. e,r?d- Drill Spa--7-12 1.n. l i
Other - sa.lva' ed topsoilF'lanti.ng Depth-i /4 - ._.' k : :t' 1-1 I e )
double rate if 17.i'•(7.=,1C,_. . Zr.
I _rvc..,: ci.1:.r_:r: hu r' I'7.i'i'-.
1~:3:_11 Cr-m rol.
r -t ..�l Ems.. Y' acre l2,,�allc�i.,1F. ) i `?te— : M .i-.1 .r,e
• 1': n d s' :-:,c �_a N
N: troger : .40 lbs/ac Mfii,il r.':.-i
Phcsph•?te' 40 lbs/ac Chemical -*
I Potassium: N/A Type and Airrr'unt- as needed and 4t
=:FProFri2te times
• at correc:t rates
' Mulch :
Kind- Weed-free native hay **
Amount - 2 tons/ac
' How applied- spread Zuni formlu
How anchored-crimped
r
: Anchor C_. F hl-4 inches into soil
l 4- Hay from native rangeland is Preferred. Hay shot' 1 .1 be inspected befete
Ia.PPlic •. ic.: ,
SEEDING PLANNED: (3) (4) (5 ) (A ) TOTAL PL.'S
( 1 ; (2) FL-S;ACRE i OF PL3 RATE PLANNED PE'?i 11RF'
VAPIET'l SPECIES al 100% MIXTURE PER ACRE ACRES FOP EEDING
_.__
NATIVE - ALKALI SACATON -1 .5_-_ -' 10 0. 15 1 .0 0. 2
I P,L.ACKL.JELL SWITCHGRASS 4.5 15 0. 60 1 . 0 M. 7
I E)t)AP STREAMPANK WHTGRSS 11 . 0 5 0.55 1 . n 0- 6
. APRIBA WESTERN WHEAT(_.RASS 16. 0 :?0 'i . SG' 1 . 0 4 S
NATIVE B•I G BLUESTEM 11 .0 15 1 . 65 1 . 0 7
r, 0. 50 1 . f.1 Li , 5
LL..l��:�'i YYELLOWI INDIANGRASS A[•JGRA.,c S 10. 0
1 . 80 1 .0 I .S
L�a.1�iGH(J SIDEOATS GRAMA `�. G? 20 ____ __ ___
i 100 10. 13 SEE NOTE
REMARKS: The total pounds PLS is for one acre. This mi.:: is intended for a° e
on reclaimed areas which are located on drier sites such as the
tops of the dikes between lakes. Shrubs and trees should he planted.
Willow, Cottonwood, Russianol ive, Sk:unkbush sumac, ChckecherrY ,
American plum, Cattails, Wild licorice, rushes and sedges m�.y b,.
planted to enchance wildlife value and• aesthetic aape= l .
C! •l-.l t'Wr c...' I. .iI'.'FR: jj... ..
DAlF= . E:
IPAcr! 1 : DPLANNED (.)N1..RA' T r.f. • f:..._FI•F:I'1
I r- e i d :lo.: SEE PLAN "MAPS
::IPA Nc. . },.,),.a,, �? t r LIF1 r . 11 ;
1 Pr-: ct. No. 7n2 F.:. SEE
ter.
,�.;_t Name: RECLAMATION EEEL)INi:_ ! EE Nt TF?__
� F�•r -
•{"i. Il rya.•..G25 :Se?P 1._ T"t„7 3. ; --, rT r:_r,1 -•.,+.Plant dete :le., n- ti ' led—
h•r i l I. Type=- �'Gr ^c
h,t�ir: ].�.- Drill :.:cgs- nr -�°-1 i .
lT_. ) t Planting Depth-1/4 - .' ;n ; rlr` 1 : ,.,..c
Other- s ,l sia. ed t.,nsoi 1• sr'.-1 c•c F-r esr, h'.• .,;)r1,.
weed C nt'rcl : -------
• F.p,„t i t e r : ----- T,-'n"
• Poundsactual per acre (available) Dats=-
,ltro9e , - 40 lbsYae
Chemical-
.._
'�
Phosphate: 40 It.s<'ar
ype and Amount- a= necwd r? and At
Pr_,lr=s1 aim: as needed
appr'oPrl.?..e t 1Rre5
.at orrect rates
Mulch :
hind- Weed-free native haw **
Amount- 2 tons/ac
Ho:a applied- spreadu.niformly
How anchored-crimped
Anchor depth-4 inches into soil.-* Hay maw be from native rangeland or meadows. Meadow haw ].s prefe rr`ied if t
try
contains sedges and rushes. Hay shc'ul d be i nspe':•ted fr,r weed
.application.
SEEDING PLANNED: (3 ) (4 ) (5 ) (6) TOTAL F' _S
( 1Y (2) PLS/ACRE OF. PLS RATE PLANNED REOUIRD
VARIETY SPECIES a, 100;: MIXTURE PER ACRE AIRES FOR SEE)ING
PALATE)N REED CANARYGRASS 3.9 45 1 .581 .0 1 .0
1 . 6
G?
PRAIRIE CORDGRASS 4. 5 20 0. q"l
NATIVE ,.c 1 . ].G3 1 .�:t 1 . 1
REVENUE • SLENDER WHEATGR.A�S 1 1 .0 10 _ r �,
• NATIVE CANADA WIL.DRYE 1 I . 0 y.5 ' ' -0- -_ - --- .
100 6. 33 SEE N( TE
REMARKS: The total pounds PLS is for one acre. This mix is inten Jedfor rruse
.,on reclaimed shorelines around the laves or ponds. In 1 ,
• shrub and tree species should be planted to provide cosier for
wildlife. The following species are recommended for this use:
Willow, Cottonwood, Snowberru, Chokecherry, Wild licorice,
American plum, Cattails, Rushes and Sedges. These spec_iess maw be
obtained commercially or by collecting locally.
EXHIBIT H
WILDLIFE INFORMATION
Enclosed are the comments and the ?°lined Land W:lil:_: e
Statement/Evaluation prepared by he Clorado Division ( ff
Wildlife .
Every effort will be taken to ensure the mining operation s:te
provides for a well planned wildlife habitat upon completion ;s
well as continues to provide a habitat during the years cif
operation. The following items will be provided to assn
:•t
wildlife habitat on-site :
1 . In order to allow access to the lakes by wildlife and
cattle, no side slopes will be greater than 3 : 1 .
2 . The riparian area along the Cache La F'oudre River wi.l . n( t.
be disturbed by mining .
3 . The mature trees occur along the river will be preserved .
The mature cottonwoods here provide nesting, roosting and
cover for birds . In addition, many trees and shrubs a: e
included in the reclamation plan .
4 . Hall-Irwin will inform its workers about the nea:_by
wintering bald eagle population and supervise their
activities so they will not disturb any eagles which visit
the site . Lack of large trees on this site limits roosting
possibilities for eagles. At all times of the year, the
mining activity will be limited to one of the mining phase
areas . In this way human disturbance can be concentrated in
a small area at any give time . Also the winter months are
times of less mining activity be.ause of the: s:_c.w
construction. This will further decrease any disturb.3n:e *o
bald eagles on the site .
E . As seen on the Mining Plan, an irregular shoreline .. s
proposed which reflects the topography of the ground ani the
river course.
6 . The depth of the lakes will be 15 to 20 feet and wi:.1 he
available as a warm water fishery. The digging by •:!.e
backhoe will create an irregular bottom on the pond. rhe:;e
are no plans for public access to the site after mining _ s
completed.
7 . Areas above the water will be seeded in a mix propasad by
the Soil Conservation Service . In consultation w:.tr. the
Soil Conservation Service we will plant trees and szrtt},s
suited for wildlife cover and food sources .
H- 1
MINED LAUD WILDLIFE STATEMENT/EVALUATION ',Revised)
for limited impact and select regular mine applications
The following information pertaining to wildlife is provided for use by Mined Land.
Reclamation Board in their consideration of a mining permit for:
Hall-Irwin construction - Sand & Gravel - NE} , SEi , T6N, 366W Weld County
Name/Type and Location of Mine (Legal) Y v
Wildlife Species list: Deer, coyote, fox, rabbits, raccoon, opossum, beaver, muskrt,
weasel, skunk, squirrel, pheasant, dove, waterfowl, shorebirds, magpie , raptors
and numerous seasonal songbirds and small rodents.
Endangered/critical species/impacted: No known threatened or endangered specie•
Critical habitats/vegetative communities impacted: One small wetland will be
negatively impacted.
Assessment of impact: The general area is cultivated farmland; however, the
wetland is excellent wildlife habitat.
Mine Reclamation recommendations (include key species/habitats for which restoration
is designed) .
•
The area involved is excellent habitat; therefore,it is recommended that the
perimeter of the ponded area be left as irregular as possible and the shorelines
sloped at least 4:1 or 5:1 to allow emergent vegetation to reestablish in older
to create nesting and escape cover. Otherwise we concur with the reclamat:icn
plan of tree planting and establishment of ground cover.
Prepared By: Don Bogart Date: August 6, 1990 •
Submitted By:_ Date:
This statement is void if not processed within 1 year.
This analysis does not constitute approval of application.
EXHIBIT J
VEGETATION
From a site visit the vegetation that currently exists it the
wetlands are :
Cottonwood Thistle Willow
Cattails Snowberry Milkweed
Salt Bush Bull Rush Curled Dock
Canary Grass Sedge
Typical plant species found in the disturbed e ar tC
area
e n east of
the
wetlands consisted of rose spp ;
Overall coverage in the disturbed area is 30% or less .
The north and south portions of the site are being farmed in
corn.
Following this exhibit is a letter. from Soil Conservation Service
identifying existing vegetation on-site .
RECEIVED
AU G 14 1990
•
4302 West 9th Street Roa,.
UNITED STATES vr-ee I e Colorado :3125:34
DEPARTMENT OF So i l Conservation Service y+
Careeley Field Office (303) 356'-6505
AGRICULTURE --- -----
Ms . Molly Larson
1I '='r%; Grant Street , Suite 4it%i
Denver , Colorado S',!1Z3-
RE : ',lining and Reclamation F l ar, f _i,r the 83rd Avenue Development
Dear Ms . Larson :
Enclosed is a i t s map and so i t descriptions the land i ri '' ve'_ it
tr,e 83rd Avenue Development . Inc information = _ from th site Soil
I Survey
�a'
Southern t . I was able to visit they
i�1e I �� County, ���uther-n Part .
and make a brief evaluation . I i:f t er the following comments .
i,proposed u5E? The Gii 15 i t
The predominant soil (##2) is suitable for the pr - F
the southern end , especial I y the Ascalon (#8) , would be ac:cepta) i e for
salvage and use as t„pso i l during reclamation .
The parcel of land has been put into cultivation and was planted t i coin
this year . Plant growth along the southern edge is almost entirely
annual weeds . Along the northern edge there are a few w i I l ows and
cottonwoods bordering a stand of catta i l s , reecgrass and American
Iicorce . This is the only portion of the property with any significant
native vegetation . I would suggest that the northern edge be e -
chided
f r-orn the grave I operation in ,: raer to preserve those plants .
When considering plant species for use in reclamation , I w_'u d advise
using the same mixes recommended for
the
proposed
r'op'are very similar ar,c:
seWWFrrP i p,erat i �+
s s directly east of this operation . The
te
mixes would be appropriate . A copy of the two seeding mixes is enciosej .
Shrubs and tress might also be G' I anted along the edge of the .post-mining
pond as shown on your reap .
I rope these comments will provide the information you require . 14 not ,
please let me know and I w I I i try to answer any further quest 1 ,fns you
have .
Sincerely ,
Deryrah Sherman
Range C.onservat l 0n , s t
EXHIBIT K
CLIMATOLOGY REPORT NO. 77- I
GREELEY 75 3546 . _OLORAOO CLIMATOLO ( GFF:rE
:OLORADO STATE 'JNIVEPSIT !
-T. . COLLINS, CO. 8C523
7_- TEMPERATURE l F1 PRECIPITATION f :%CHES
E''74ttiES rLr: ': 7r LAYS I s:O::, 5LEE7 5-Ii:. •.. Cr CATS
rl r. _
uF uFv.
o F
a- a. au
O 0= cge= x z u ,'`t.
o
..i .Z ..Z a > a ¢_ , a 0. n 0 n d .4.46r ..... - O S Z I c - t
IT
L 4.•. 34.: 9.8 23.9 67. 1955 12 -30. 1962111 7.0 9.4 32.0 7.3 .27 .35 1462 9 3.0 8. 1956 3: 1.01 0.0 0.0
F93 45.7 '..7 24.2 75. 1954 4 -34. 195! 1 0.0 5.4 27.9 2.6 .29 .-2 1958 II 3.1 6. IL7: 29 _' 0.0'..
":a 4..: 2:.4 35.0 9C. 1963 24 -19. 1960 3 0.0 3.7 29.3 I.4 .7I .13 1961 29 11.5 I9. 1959 26 j '.9 .2I 0.:
In 90.8 32.4 46.6 85. 1960 22 0. 1957 I 0.0 .6 15.1 .1 1.06 1.50 1957 2 3.3 IA. 1953 12 2.3 .2
w1( 72.2 13.1 57.4 45. 1954 21 23. 195: 2 .9 .7 1.9 0.0 2.37 1.10 1964 30 0.0 0. 0 3 4 7 L 5 .a
.-.: 52.7 52.: 67.4 :06. 1954 24 32. 1954 3 0.1 0.0 1 0.0 1.71 2.68 1962 30 0.0 0. 0 : 3 9 I.CI .5
94.4 57.3 73.6 105. 1954 I: 40. 7952 I I9.4 0.0 0.0 0.0 1.30 0.31 1941 I 0.0 0. 0 0 3 0 .2I
7 I
1': 86.7 54.7,70.7 ICC. 1955 I 34.17944 29 11.5 0.0 0.0 0.0 1.33 1.13 1963 19 0.0 0. 0 0 3 2 .51 .1
5E2 79.: 44.6 61.4 44. 1954 1 26. 1965 18 3.6 0.0 1.6 0.0 1.25 7.60.'993 21 .3 0. 0 0 5 2 .01 .2
67.6 33.0 50.4 I9. 1653 2 13. 1154 31 0.0 .1 IA.4 0.0 .75 .947x.960 19 .7 2. 195! 6 2 1 fi 0.0
5:.: 20.2 55.2 77.,1965 I -19. 1052 27 0.0 3.6 29.2 .9 .39 .491 `055 11 3.2 10. 1956 20 1.5 .0.0I 0.0
I
CE: 42.' :3.1 27.6 69. 196:;24 -'9. 1154 29 0.0 6.730.0 2.9 .29 .5971958 12 3.0 12. 1959 13 1.0 .'I 0.0
0.'07:4_ 63 32.4 41.2 U. 29. III. IS. 11.7 27. ��• 29. 6.I 2.
w OR R. TY EC'JA Oa lC'05 THAN
PRECIPITATION Y11 0 BILL L
PROS.
LEVEL JAN FCB MAR APR NAT JUN JUL 406 SEP OCT h0v DEC ANNJAL
.05 0.00 0 DD .10 .10 .4• .32 ,IP .1• 0.00 0.00 0.00 0.00 h.il
.10 .C4 11 .15 M .46 .4J 6 .?4 ,u9 .05 0.00 .01 7,11
.20 .09 17 .26 .37 1.00 .72 .47 .47 .29 .17 .13 .05 8.9?
.30 .14 20 .35 .47 1.32 .96 .65 .41 .46 .28 .21 .09 9.31
.40 .18 2• 46 .63 1.65 .l9 .84 M .69 .47 .28 .14 10.52
.60 .23 27 .57 .81 2.00 I. . 1.05 1...3 . 7 .55 .114 .19 11.42
.70 .14 39 .82 1.'-I.nn 2.41.4 3,00 1.59 1.42 1.55 .92 .50 .35 71 .26 17.16
3.19
.10 .43 •0 09 1.67 3.53 77.54 1.99 2...6 2.03 1.21 .41 .47 14.35
90 44 .45 2.21 6.57 3,29 7.55 2.40 2.144 1.70 .]0 .68 16,36
.95 .70 55 .80 2.2.8 5.55 3.99 3.28 3.52 3.63 2.18 .95 .N9 17.17
i ALPHA 1.82 4 08 1.63 1.11 2.09 2,10 1.65 1.41 1.25 1.24 2.54 1.02 12.44
BETA .16 nh .44 .80 1.14 .02 .79 .94 1.07 .64 .17 .30 .41
9 .06 06 0.00 0.00 0.00 0.00 0.00 0.00 .06 .06 .13 .06 0.00
MIXED GAMMA D19TR1811T10•: FITTED 10 DATA
ALPHA• ,MAP( PAaAMETEJ .•ETA. Sr it PARAr.ra
1 ..
Os NO, OF wnuTM5 NAwl\-- Pic', a,rC:a71aT1^s/T71n. N0. Ur .r •.
MEDIAN PPECIPITATION ANOUNT5 49E INDIC/TLU AT T..E .50 PROEASILOTY LEVEL
EXHIBIT L
RECLAMATION COSTS
The reclamation costs are based on a maximum amount of
disturbance present on-site following the mininc pLan . A_
reference , see the Maximum Annual Disturbance , Table 1 , it
Exhibit D .
All slopes outside the wetlands area will be mined to a 1 :
slope . These slopes will either be backfilled to a slope of 2 :
or 6 : 1 to 8 : 1 . Under maximum disturbance in any giver }'ear 63 '
feet of shoreline will need to be reclaimed . Of this shoreline .
52% will be 3 : 1 wetland slopes ; 36% will be at 1 : 1 converted t
3 : 1 ; and 12% of the slopes a 1 : 1 converte3 to 6 : 1 to 8 : L .
An average distance of 100 feet from the mined edge to
the
reclaimed edge will also be considered when backfilling . Uncle :
the major disturbance 39 , 260 C .Y . of backfill will be required tc
reclaim four ( 4 ) acres disturbed .
Haul roads will be left as access roads .
Major Disturbance
Cost/
Amount Units Unit Cost
1 . Spread overburden 4 3 , 227 CY S . 80 $ 2 , 531 . 67
acres , 6" deep
2 . Backfill 1 : 1 slopes to
3 : 1 , 500 ' haul , 1 . 1 26 , 667 CY $ . 70 S8 , 666 . 9D
acres surface area
3 . Backfill 1 : 1 slopes to
6 : 1- 8 : 1 , 500 ' haul , . 6 12 , 593 CY $ . 70 S 8 , 815 . :3
acres surface area
4 . Scarify stockpile area, 4 , 840 SY $ . 15 $ 26 . 00
1 acre
5 . Spread topsoil 8" deep •
1 , 597 CY $ . 70 $ 1 , 117 . 0
on 1 . 5 acres
f 1 . 5 AC $500 . 00 S 800 . % 0
6 , Seed, ertilize , mulch
Moderate Disturbance
5 . Scarify plant site , 9 , 680 SY $ 5 S 1 , 452 . 00
2 Acres
6 . Spread plant fines on
plant site , 2 Acres , 80
6 " Deep
1 , 613 CY $ $ 1 , 290 . 40
7 . Spread topsoil 8" deep 2 , 151 CY S 70 $ 1 , 505 . 70
over 2 acres
8 . Seed , fertilize , mulch
plant site 2 AC $500 . 00 $ 1 , 000 . 00
9 . Seed , fertilize , mulch . 71 AC $500 . 00 S 3E4 . 0Q'
graded area
Minor Disturbance
11 . Reseed for nongermination . 5 AC $500 . 00 $ 250 . 00
( 25% ) fertilize , mulch _
13 . SUBTOTAL $_38 , 63`, . 50
14 . Administrative Costs ( 15% )
S 5 , 7'95 . 33
15 . GRAND TOTAL $44 , 430 . 83
EXHIBIT L
RECLAMATION COSTS of
amount
costs are based on a maximum F.
The reclamation the mining plan .
disturbance present on-site following
refe
rence , see the Maximum Annual Disturbance , Table 1 . in
Exhibit D.A • 1
slopes outside the wetlands area will be mined to { 3 - 1
-
1 slopes will either be backfilled to a slope of
331
slope .l These given year,�r 6 : 1 to 8 : 1 . Under Maximum disturbance in Of this she reline ,
36% will be at 1 : 1 convected to feet 52 will shoreline be3 : tland slopes;bereclaimed.
3 : 1 ; nd be 3 : 1
and 12% of the slopes a 1 : 1 converted �0 6 : 1 to 8:
1 .
the mined edge t� the
distance of 100 feet. from Under
An average ,_i :ed er
reclaimed edge will also g 260 C .Y. ofrbackfill will be reci '
the major disturbance 3 ,
reclaim four (4 ) acres disturbed.
Haul roads will be left as access roads .
Maier Disturbance
Cost/
Amount Units
Unit Cost
3, 227 CY $ . 80 $ 2 51 . 60
1 . Spread overburden 4
6"
acres, 6" deepeep
2 . Backfill 1 : 1 slopes to
3 : 1 , 500 ' haul , 1 . 1 ��; , 65? CY S 7�i 5 : 8 , 661; . 90
acres surface area -
3 . Backfill 1 : 1 slopes to
66 CY S 7,a ,811 . 12
500 ' haul , °
acres
8: 1 , 12 , 593
acres surface area
Scarify stockpile area, 3Y S . 15 , 726 .004 4 , 840
1 acre
Spread topsoil 8" deep i0 S -_ , 317 . 9e
5 . 1 , 597 CY S
or, 1 , 5 acres 800.0q6 , Seed, fertilize , mulch
1 . 5 AC $500 .00 S
•
L-1
•
•
' t
WELD COUNTY, COLORADO
USF P.`: SPECIAL REVIEW AI'PLIC!TION
for
MINING PERMIT
Weld County Department of Planning Services, 915 10th Street, Greeley ,
Colorado, Phone 3S6-4000, Extension 4400
For Department of Planning Services Use Only Case Number: (jcie - / 2
Date Application Received: bib/ PC Hearing Date:
Section: 3 / , Township: a North, Range: 6 /I -__ West
Zoning District: ! )e,i r,( („ �T �„� ' .. ► f�'
Recordinc Fee: 4 G:--617,0'29 Permit Fee: l' r7AQ fi k—H-2f ," _
Recording Fee Receipt 0: %OL7/ Receipt Number : /7 7/(�'
Application Reviewed By: f
To be completed by APPLICANT in accordance with procedural guide
Requirements:
1 . I (we) , the undersigned, hereby request a hearing before thr keid
County Planning Commission concerning a proposed gravel and s ind
(gravel, coal, borrowpit , etc.) mining operation for :he following
described unincorporated area of Weld County:
LEGAL DESCRIPTION All that part of the Northeast Quarter cf tie
Southeast Quarter (NE i SEQ) and a-11- that part of -the St..,uttnnt.7,t
Quarter of the DTortheast Quarter (SEA NE4) ot said section TZirt L-
one (31) , which lies south of the Cache La Poudre Fiver, -IT-in
Township Six (6) North, of Rance Sixty-six (66) , West of 7_7:(7-
Sixth (6) Principal Meridian, County of Weld, State ot CcTrrado.
See attached description. TOTAL ACREAGE:
2. Surface owner(s) of area of land described
Name: Hall-Irwin ConstAddress: P.O.Box 649 Phone: (30 3) 3.•2-604
Name: Address: Greeley, CO 80631 Phone:
3. Owner(s) of mineral rights to substance to be mined
Name: Same as above Address: Pho7.e:
Name: _ Address: Phone:
•
4. Source of applicants' legal right to enter and to mine on the land
described: Warranty Deed
(Attached certified copy of any document noted to the back of this form)
5. Address of applicant and general office
Applicants addresstp.0.Box 649;Greeley,CO 8063!bone: (303) 252-6 )57
General Office address: none:
TA__.Jc.. n.rrnipe h.Td by 2nnlirnnt nr affil' ated
•
r•
7 . Description of Operation
a. Types and number of operating an processing equipment to be
employed: One bulldozer, grader, loader, and two Caul
trucks will be used in the mining operation. A pL71:7tle
processina Plant with crushers, screens , and convey0Ls wi . l
be employed.
b. Maximum number of employees: 3 , and number of :shifts: 1
c. Number of stages to be worked: 1 , and periods of tir.e
each is to be worked: 20 years
C. Thickness of mineral deposit: 6-14 feet, and thickness; of te
overburden: 5�-91/2 feet
e. This will be a wet/day; pit operation.
f. Site entrance/exit points and county roads and bridges to e
utilized between site and delivery point(s) (must be coordinat.d
with County Engineer) : Site entrance/exit points are locatec on
Weld County Road 27 . From the access points ruc71l1
travel north and south on Weld County Road
8 . Description of Rehabilitation
a. Proposed rehabilitation land use(s): Pastureland and Wildlift.
habitat
b. Source of technical advice for reclamation: Soil Conse.r.""ation
Service and Colorado Division of Wildlife __
c. Explanation of Reclamation Process: Backfilling of ove. bt.rden
1-n ginnPs of no greater than 3 : 1 . Spread ttopsoi b
i-n in i nrhec over disturbed area and planting of j E!ss ':d
trac,c �rn„nd the perimQIer of lake .
I hereby depose and state under the penalties of perjury that
all statements, proposals and/or plans submitted with or contained within
this application are true and correct to the best of my knowledge.
COUNTY OF Weld
STATE OF Colorado
Signature: owner/Authorized Agent
I •
,;
t c / 19c
Subscrilie,d •and' sworn to before me this / 3 — day of /�,�,1�,�� �G
► , �
SEAL I�CE.c. -t, L' �4-74 ,.
NOTARY PUBLIC
My Commission expires (;e /-ect'.�i j�/ /t�j 3
- n 3 illi(acarit
A
COLORADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137
September 16, 1994
Darcy A. Tiglas
Plant Ecologist
Greystone
5990 Greenwood Plaza Blvd. , Suite 250
Englewood, Colorado 80111
Re: 83rd Avenue Gravel Pit
Dear Ms. Tiglas:
This is to acknowledge receipt of your September 5, 1994 correspondence
concerning the above proposed project.
A search of the Colorado Cultural Resource Inventory indicated that +.here
are no known cultural resources within the project area. Based on the
information supplied, we believe the present nature of the proposed
project area is such that no (further) impact upon cultural resource:; will
occur. Therefore, the proposed undertaking may proceed upon approve_ of
the appropriate agency.
However, if previously unidentified archaeological resources are
discovered in the course of the project, work must be interrupted un:il
the resources are properly evaluated in terms of the National Register of
Historic Places eligibility criteria (36 CFR 60.4) in consultation with
this office.
Thank you for the opportunity to comment. If we may be of further
assistance, please contact Jim Green at 866-4674.
Sincerely,
,.di__ A 6-6‘--;
James E. Hartmann
State Historic Preservation Officer
JEH/WJG
STATE OF COLORADO
Roy Romer,Governor pF-c
Patricia A.Nolan,MD,MPH,Executive Director F.
Czo
Dedicated to protecting and improving the health and environment of the people of Colorado "
4300 Cherry Creek Dr.S. Laboratory Building ♦*ik �s
Denver,Colorado 80222-1530 4210 E.11th Avenue •'i7•
Phone(303)692-2000 Denver,Colorado 80220-3716 ---------------
(303)691-4700 Colorado Department
of Public Health
March 3 , 1995 and Environment
Ms. Sandra Laney
Corps of Engineers
Omaha District
Tri.-Lakes Project Office
9307 State Highway 121
Littleton, CO 80123-6901
Re: Weld County Public Works Department
Permit No. 199170654 a3niA✓c_
Colo. Cert. No. 2472
Dear Ms . Laney:
The Colorado Department of Public Health and Environment reviews
each project requiring 401 Certification with respect to the
antidegradation provisions in state regulations . For the project
which is the subject of this public notice, the Colorado
Department of Health has preliminarily determined that:
This project is not located on waters that require an
antidegradation review.
For further information regarding antidegradation provision,
please contact John Farrow at the Colorado Water Quality Control
Division, (303) 692-3575 .
Syc;ere y,
- 14
OVA OI
Jon Scherschli'
r and Water Standards Section
WATER QUALITY ONTROL DIVISION
JS: cm/401.prelim
cc: Weld County Public Works Department
COE, Omaha District - Omaha Office
Victor Sainz , DE, WQCD
File
ez tesi opti�
4 _ United States Department of the Interior
,
° FISH AND WILDLIFE SERVICE
Ecological Services
_ a Colorado Field Office
4j4RCH ZI cop 730 Simms Street,Scirc 290
Golden,Colorado 8040l
IN REPLY REFER TO
ES/CO: ES/Species/Plants/
Spiranthes diluvialis/
Survey Reports SEP 2 3 1994
Mail Stop 65412'.
Darcy A. Tiglas, Plant Ecologist --
Greystone
5990 Greenwood Plaza Boulevard, Suite 250
Englewood, Colorado 80111
Dear Ms. Tiglas:
Based on the authority conferred to the U.S. Fish and Wildlife Service by the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.), the Service reviewed the survey
report you prepared for the proposed expansion of the gravel mine (Herbst Pit) by Weld
County impacting 3.3 acres of wetlands west of 83rd Avenue, bordering the Cache la F'oudre
River to the north and Weld County Road 62 to the south (Section 31 Township 6 North,
Range 66 West) in the City of Greeley, Weld County, Colorado.
The Service finds the report acceptable and agrees that the threatened species Spiranthes
diluvialis (Ute ladies'-tresses orchid) is not present within the subject areas where the survey
was performed. Thus, the Service concurs with your determination that the proposed project
should not adversely affect the continued existence of this orchid.
We appreciate your interest in conserving rare species. If the Service can be of further
assistance, please contact Bernardo Garza at (303) 231-5280.
Sincer
LeRoy W'. Carlson
Colorado Field Supervisor
cc: U.S. Army COE; Littleton, CO (Attn. Terry McKee)
Reading file
Project file
}Wen=IBG•1S1OR(�119941SDISR226.W PP
GREYSTONE
October 13, 1994
Don Carroll
Administrative Coordinator
Weld County
933 North 11th Avenue
Greeley, Colorado 80632-0758
RE: Acceptance of Spiranthes diluvialis survey results by U.S. Fish and Wildlife Service
(USFWS) and SHPO response to property queries
Dear Mr. Carroll:
Enclosed please find a copy of the USFWS acceptance letter for the Spiranthes diluvialis
survey conducted at the 83rd Avenue Gravel Pit. The USFWS finds our report acceptable
and agrees that: Spiranthes is not present within the study area. Also, please find the SHPO
response to property queries letter. SHPO finds no record of cultural resources within the
study area.
If you have any questions or need additional information, please do not hesitate to call me
at 850-0930.
Sincerely,
I
— , arty A. Tiglas
—Plant Ecologist
5990 Greenwood Plaza Blvd. • Suite 250 • Englewood, CO 80111
(303) 850-0930 • Fax(303) 721-9298
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
31Sherman
Department Natural Resources
AMP‘Fia
1 31 13 St, Room 215
Denver,Colorado 80203
Phone 13031866-3567
FAX.so31 852-8106 DEPARTMENT OF
NATURAL
IESOUP CES
February 13, 1995 e
a,v Romer
3overr nr
ame:s Lnchhe,
Mr. Don Carroll e�,t� No�hhe
Weld County Engineering Dept. -xeCitr eLn��
P. O. Box 758 "'°h O fong
Greeley, Colorado 80632
RE: 83rd Avenue Development, Permit No. M-90-119, Revision
No. AM-001 - Revision Approval
Dear Mr. Carroll:
On February 13 , 1995 the Division received a copy of your
application for a 404 permit to the Army Corps of Engineers
concerning the 83rd Avenue Development site, Permit No. M-90--119 .
Therefore, the Division has approved Revision No. AM-001 to the
above captioned permit. All terms and conditions of Re%ision No.
AM-001 are now incorporated into Permit No. M-90-119 .
If you should have any questions, please contact me.
Sincey ,ly,
r /2
William C.' Y k-Feirn
Environmental Protection Specialist
c: \wp51\weldco. apl
GREYSTONE
September 12, 1994
Don Carroll
Administrative Coordinator
933 North 11th Avenue
Greeley, Colorado 80632-0758
RE: Wetland Delineation Report and SHPO letter for 83rd Avenue Gravel Pit, Weld
County, Colorado
Dear Mr. Carroll:
Enclosed please find three copies of the wetland delineation report for the 83rd Avenue
Gravel Pit in Weld County, Colorado. Also enclosed is a copy of the letter I sent to SHPO
in regards to the cultural resource check of the site.
I contacted the USFWS by phone and they indicated no concerns were present for the
already active mining operation site.
If you have any questions or need additional information, please feel free to call me at (303)
850-0930.
Sincerely,
67{A-Cltir
Darcy A. Tiglas
Plant Ecologist
5990 Greenwood Plaza Blvd. • Suite 250 • Englewood, CO 80111
(303) 850-0930 • Fax (303) 721-9298
GREYSTONE
September 5, 1994
Ms. Barbara Sudler
Colorado State Historic Preservation Officer
1300 Broadway
Denver, Colorado 80203-2137
RE: Wetland permitting on 83rd Avenue Gravel Pit in Weld County, Colorado
Dear Ms. Sudler:
Weld County is applying for a wetland permit for gravel mining operations on an active
gravel pit site in Weld County. The requirements of the application include contacting you
to request any concerns you may have for historical properties at the project site.
The site's legal description is Section 31, Township 6 North, Range 66 West, Weld Cc wily,
Colorado. It is located north of Highway 34 on 83rd Avenue just west of Greeley, Colorado.
The western half of the site is already being mined by Hall-Irwin Construction Company and
Weld County plans to mine the eastern half.
If you have any questions or need additional information, please feel free to contact me at
(303) 850-0930.
Sincerely,
Darcy . Tiglas
Plant Ecologist
5990 Greenwood Plaza Blvd. • Suite 250 • Englewood, CO 80111
(303) 850-0930 • Fax (303) 721-9298
ws,nctVc nFPG RTMENT Ito #'I'DUREtLEY, COLORADO 8062:
PHONE: (970) 356-4000 EXT. 3750
FAX: (970 352-2868
�i
COLORADO
March 26, 1996
Carl Mount
Senior Environmental Protection
State of Colorado
Department of Natural Resources
Division of Minerals and Geology
1313 Sherman St, Rm. 213
Denver, CO 80203-2273
RE: Request for a parcel release of 16 acres,Permit No. M-90-119, 83rd Avenue Development
Dear Mr. Mount:
Weld County is requesting a parcel release on the 83rd Avenue Development permit. This parcel
has been permitted,but never mined. The property is currently owned by Hall-Irwin,but the County
is responsible for the mining operation.
Weld County is currently involved with many municipalities and the Poudre Trail Corporate Group
in developing and building a trail between the cities of Ft. Collins and Greeley. The trail section
would be parallel to WCR 62.25 in the corridor adjacent to the 83rd Avenue Pit and the Poudre
River. Funding has been acquired to build the Poudre Learning Center. The Center consists of a
main structure with pathways to amphitheaters and the learning areas, which are geared toward
learning about the environment This facility could be utilized by the public,many school children
and environmental groups. The area would be separated by a fence splitting the mining operation.
Weld County still plans to mine and reclaim the remaining portion of the permit. Once
mining
and
reclamation is completed, this would enhance the area adjacent to the learning center.
•
Carl Mount
March 26, 1996
Page 2
where we ask for the release on would be south of the overburdened pile bordered on the south oy
WCR 62.25, on the east by WCR 27, and on the west by the property line. This area is
approximately 500.ft. x 1,421 ft. The vegetation consists of alfalfa or pasture ground.
Please see attached schematic drawings and Sheet 2 of 2 of the mining application.
Sincerely,
OGra.fic..0 Co-944-4-el
Donald Carroll
Project Coordinator
DCIfc:'.'Learn
cc: Commissioner Hall
Barbara Chiappone, Division Mining & Geology
Brett Hall, Hall-Irwin Construction
83rd Avenue Gravel Pit file
Fred Otis
WCRs 62.25 & 27
STA LOF COLORADO
DIVISION OF MINERALS AND GEOLOGY -
epartment of Natural Resources
313 Sherman it.. Room 215
Denver.Colorado 80203
Phone:(303)866-3567
FAX:(303)832-8106 - DEPARTMENT CF
NATURAL
RESOURCES
Roy Romer
Governor
October 3, 1997 " " Lochherar
E recuove Director
Michael B.Long
Division Director
Greg Nelson
- Weld County
P.O. Box 758
Greeley, CO 80632 •
RE: 83rd Ave Development, Acreage Reduction Approval, Permit No. M-90-119, Revision
No. AR-1
Dear Mr. Nelson:
On September 18, 1997, the Colorado Division of Minerals and Geology approved your request
for release of a portion of the permit area from further reclamation responsibility.
The permit area was reduced to 49.4 acres, through the release of 16 acres.in this permit action.
Because the permit is not totally released, you are still liable for filing annual reports and fees.
If you have any questions, please contact me.
•
Sincerely,
•
Gregg R. Squire
Environmental Protection Specialist
M:1OSS\PMM\TEMP\RV06C119.CiRS
PUBLIC WORKS DEPARTMENT
- PHONE (970) 356-4000,EXT, 375(
T FAX: (970) 352-28652-286 i t:lilt . ,_
- 933 NORTH 11TH A lam'_• P.O.-BM-6r; 53
GREELEY, COLOR?WDO•80632$,,.
COLORADO _ r
July 15, 1997
Greg Squire„Reclaimin
• g Specialist • .�—�-- - =- —
State of Colorado
Department of Natural.Resources 6
Division of Mining and Geology -1313 Sherman-Street, Room 213
Denver,CO 80203-2273 i �
•3t'for Parcel Release of the 16-acre Site,Permit No M-90-119, 83rd Avenue Development ;
Reque a .
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Weld County is requesting a';,,,n-phl release of the 16 acre site at our 83rd Avenue gravel facility�, , ,y� :
This site is ad jacent to the Poiidte River Trail,which will conae�t Greeley,Windsor, and Ft Col1,nThis site has .
been selected to house a Poudre,River Trail Learning Center,' •-
Weld County has not mined.the 83rd Avenue facility==The 16-acre site to be released is at the south end of the
permitted azea,and would not be affected by the;ninth_,g or reclaiming section of the property b4. ri f
�T
Please find attached the photographs and a map of the 16-acre site..
.Please contact me the Weld County Public Works Department to verify the site and location at(9792356-11000
Ext. 3750,
5mcerel ,
•1C�Greg Nelson
Mining Supervisor
w u
- .,sac 4
Enclosuresm _ • `� + h+'
cc: Commissioner Harbert i" u x• ^
Lee Morrison, Assistant County Attorney
r., m\wpffias\doo-c\83cd.let l,,...
EXHIBTF F
WEST GREELEY
y SOIL COO/NSEyRVATIOrN DDIISTRIGT
GRE art 00 80634 `'
/14:(4,1< ;11-6-e--c
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
:d ,l ,c /tyY i(
FOR REGULAR (112) OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
WEST GREELEY DISTRICT
WELD COUNTY (Operator) has applied for a reclamation permit from
the Colorado Mined Land Reclamation Board ("the Board") to conduct mining
operations in WELD County. The attached information is oeing
provided to notify you of the location and nature of the proposed operatior .
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division") and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to PASTURELAND
Pursuant to C.R.S. 34-32-116(7)(j ) the Board is required to confer with the
local Soil Conservation Districts before approving of the post—mining land
use. Accordingly, the Board would appreciate your comments on the proposed
operation. Please note that, in order to preserve your right to a hearing
before the Board on this application , you must submit written comments on the
application within twenty (20) days of the date of last publication of notice
pursuant to C.R.S. 34-32-112( 10) .
If you would like to discuss the proposed post-mining land use, or any other
issue regarding this application, please contact the Colorado Mined Land
Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203 ,
(303) 866-3567.
NOTE TO OPERATOR: You must attach a copy of the application form to this
notice. If this is a notice of a change to a previously filed application you
must either attach a copy of the changes , or attach a complete and accurate
description of the change.
1307F-4
EOHIBI- S
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR ( 112) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD _ COUNTY
WELD COUNTY (Operator) has applied for a reclamation permit from
the Colorado Mined Land Reclamation Board ("the Board") to conduct mining
operations in WELD County. The attached information is being
provided to notify you of the location and nature of the proposed operation .
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division") and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to PASTURELAND
Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to confer with the
local Board of County Commissioners before approving of the post-mining land
use. Accordingly, the Board would appreciate your comments on the proposed
operation . Please note that, in order to preserve your right to a hearing
before the Board on this application, you must submit written comments on the
application within twenty (20) days of the date of last publication of nctice
pursuant to C.R.S. 34-32-112(10) . land , or ny'issueu would regardingke to discss the this application,ppleasedcontactithegColoradoeMineda other
Land
Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203 ,
(303) 866-3567.
NOTE TO OPERATOR: You must attach a copy of the application form to this
notice . If this is a notice of a change to a previously filed application you
must either attach a copy of the changes , or attach a complete and accurate
description of the change.
1307F-8
CLERK TO THE BOARD
P.O. 80} '58
WIlD
GREELEY, COLORADO 80532
(303)358-4000 EXT. 4 225
Ce
COLORADO
April 25, 1995
STATE OF COLORADO )
ss
COUNTY OF WELD
To Whom It May Concern:
In Weld County, the Clerk to the Board performs those functions relevant
to Board of County Commissioner records and action::, which are normal !_y
performed by the Clerk and Recorder; therefore the entire application, as
attached, is on file with the Weld County Clerk to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the soil
of said County at-Greeley, Colorado, this 25th day of April, 1994.
" •
7 !1t
CLERK TO THE BOARD
/
BY: � 'a
EPUTY CLERK TOTE BOARD
•
AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE LAW IS SHOWN
BELOW.. YOU WILL NEED TO FILL IN THE BLANKS WITH DATES ACCORDING TO THE
FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY .
PUBLICATION INSTRUCTIONS
Date of commencement and date of completion should represent the dates wnich
you feel most accurately describe the life of the operation.
For all Limited Impact (110(2) ) Operations , this notice must be published once
within 10 days of the date of submittal . The final date for receiving
comments is 10 days after the date of publication.
;FOicralatsilinitliWirliToa, this notice mist be published once a week
for four consecutive weeks , starting within 10 days of the date of submittal .
The final date for receiving comments is the 20th day after the fourth
publication or the next regular business day.
All notices mist be published in a newspaper of general circulation in the
locality of the proposed mining operation and mailed to the landowners as set
fcrth in the riles . Since the date for consideration of your application may
change, 00 NOT include it in this notice .
For a refer tomCl.R.S.discusion of 34-32-s112(10) ,he notice procedures and objections , please
110(7 ) (c) , 114 , and 115 .
PUBLIC NOTICE
(Operator Name) WELD COUNTY ; (Address and Phone) P 0 BOX 758,
GREELEY, CO 80632 (303) 256-4000 -X 3750
has filed an
application for a Mining and declamation permit with the Colorado Mined Land
Reclamation Board under provisions of the Colorado Mined Land Reclamation
Act. The proposed mine is known as the (Name of Mine) 83RD AVENUE DEVELOPMENT,
and is located at or near Section 31 , Township 6N
Range 66W , 6TH- Prime Meridian-.
The proposed date of commencement is SEPTEMBER 1 , 1994
94 and prands de
proposed date of completion is SEPTEMBER , 2014 -
future use of the land is (Future Lancuse) PASTURELAND
Additional information and tentative decision date may be ootainea frcm the
Mined Land Reclamation Division, 1313 Sherman Street, Room 215 , Denver,
Colorado 80203 (303) 866-3567 , or (County Name) WELD
ounty
Clerk & Recorder; (Clerk & Recorder's Address) P o sox 758, GREELEY, co 80632
or the above-named applicant.
Written comments must be received by the Mined Land Reclamation Board by
5:00 p.m. on JULY 20 , 19 i
PUBLICATION: 6/9,6/16,6/23,6/30.
2833F (01 /91 )
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