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WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners held a public meeting on the 28th day of March, 1984 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Andesite Rock Company, P .O. Box 625 , Lyons, Colo- rado 80540, for a Use by Special Review for expansion of an open- cut gravel pit on the following described real estate, to-wit: W1 NWQ SEa and part of the Nh SW;, Section 3 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Sections 24 . 7 , 44 . 1 , 44 . 2 and 44 . 3 of the Weld County Zoning Ordinance . 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources , Volume II . The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appro- priate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan. ) LHR 166 ?L0,311/ 840281 Page 2 RE: USR - ANDESITE b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activites in the area or the County and as a Use by Special Review the activity can take place in the district. c. The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. d. The subject site is in a Flood Hazard Overlay Dis- trict area. Operation Standards address this concern. e. Use by Special Review Operation and Design Stan- dards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for expansion of an open-cut gravel pit on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Stan- dards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation ac- tivities . Activities related to mining and re- clamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards . 4. Detailed plan and section view drawings of the proposed channel change on Idaho Creek shall be submitted to the Army Corps of Engineers prior to extraction at said site . 5 . Andesite Rock Company shall forward information per- taining to the bridge on Weld County Road 241/2 to the Weld County Lngineering Department. Page 3 RE: USR - ANDESITE The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D. , 1984 . '7�q..• f1 '-o BOARD OF COUNTY COMMISSIONERS ATTEST: "' eTh-wvt-t4:2-4L;CC:Pri WELD COUNTY, COLORADO Weld County Clerk and Recorder 1/4-1142-0-n c......_ 6fr res-o- and Clerk to the Board Norman Carlson, Chairman Yv Deputy County Clerk a que ' ne Jo n on, Pro-Tem APPROVED AS TO FORM: Gene . Brantner }77 /. EXCUSED County Attorney y! Chuck Carlson J n T. Martin 040284 OPERATION STANDARDS Andesite Rock Company U.S.R. - 615:84: 11 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 4. Vehicular traffic shall ingress and egress onto State Highway 119 as shown on the submitted Use by Special Review plat. 5. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources. -6. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. NO 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 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 flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 10. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans, and/or Standards as shown or stated above, 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 84-14 RE: USE BY SPECIAL REVIEW, EXPANSION OF AN OPEN-CUT GRAVEL PIT - ANDESITE ROCK COMPANY A public hearing was conducted on March 2R , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson - _Excused Excused Commissioner John Martin Also present: Acting Clerk to the Ford, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated March 12, 1984, and duly published in the La Salle Leader on March 15, 1984, a public hearing was held for the purpose of considering the request of Andesite Rock Company for a Use by Special Review for an expansion of an open-cut gravel pit. Lee Harrison, Assistant County Attorney, read this request into the record. Rod Allison, representing the Planning DepaLUrent, read the favorable recom- mendation, with conditions and Operation Standards, from the Planning Com- mission into the record. Gilbert Rindahl, representing the applicant, came forward to explain this proposal. Mr. Rindahl said this pit will be de- watered and not considered a wet pit. After a short discussion, Ivan Gosnell, neighbor, came forward and said he had some concerns regarding this pit. He questioned whether County Road 7 would be used as the access road to the mine and he also asked what the working hours were going to be. Mr. Rindahl responded to the questions. He said the hours are to be from 6:00 a.m. to 6:00 p.m. , five days per week. He said the access to the pit will be Colorado Highway 119. Mr. Gosnell said he has children and he is concerned about the safety factor at the site. Mr. Rindahl said Andesite intends to have a 3-strand barbed wire fence around the operation. Mr. Allison suggested that a referral of the information being sent to the Corps of Engineers be sent to the Weld County Engineering Dept. concerning the bridge over 24?. Mr. Rindahl said this would be done immediately. Commis- sioner Brantner moved to approve this Use by Special Review for Andesite Rock Company, based upon the recommendation of the Planning Commission, to include the Operation Standards and the information concerning bridge-onWCR 24 z,being submitted to the Weld County Engineering Dept. Commissioner Martin seconded the notion which carried unanimously. APPROVED: ATTEST 7; icu, , ..„1",;„,, _CLc. " .,:%—s BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board__ Norman Carlson, Chairman // Deputy County Clerk Ja.. el e John•..�'i, Pro-Tem Gene R. Brantner DOCKET #84-14 EXCUSED Chuck Carlson TAPE #84-24 LHR 166 5-""- Jo T. Martin 040284 ATTENDANCE RECORD DATE: March 28 , 1984 _TODAY' S HEARINGS ARE AS FOLLOWS: Docket #84-13 , USR, Accessory structure in a Subdivision - 13OHLMEYER Docket #84-14 , USR, Expansion of an open-cut wet gravel nit - ANDESITE ROCK CO Docket #84-15, USR, Open-cut wet gravel pit - DAKOLIOS CONSTRUCTION CO. Docket #84-16 , USR, Oil & Gas products facilities - PETROMAX ENERGY CORP. _PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant ' s name of the hearing you are attending. NAME ADDRESS -HEARING ATTENDING ye' Yrnm /o � 61 ,)‘) /(1_, /2 /Vs , `/ / s / (- „ ij /A 1 /v5 r,-/c tr, /,0,07 777<;? T may - /5 — p iv/9- L/) N i pp,, S-s'G�5 s A-Aid) Awci LS /j7 5 y oz.d c w ( '�'r,°I? 6 ? ,'S f ,eP� cA ., ,_.J /I, r ; />, y ii'/ /;/Tht/ ('t (<; 116 Gilbert F. Rindahf,P.E. C.Jay Silvernale Bruce G. Rindahf Rindahf& Associates •2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • (303)696-6846,I,,.:77.,,....,,i,rf.L.71:,..1,;?..r.7.71,17;.:014M.ISSiONERS April 6, 1984 pcf'R 0 9 1984 1'i GREELEY. CoLS• Weld County 915 10th Street Greeley, -Colorado 130631 Gentlemen: I-n conformance with the rules and regulations established by the Mined Land Reclamation Board , the attached notice is being sent to you in order to inform you of the application of Andesite Rock Company's, Del Camino Pit to mine for sand and gravel within the We`sFTT72-of the NW 1/4 of the SE 1/4 and the North 1/2 of the SW 1/4 of Section .3 Township 2 North, Range 68 West less a 460 foot square plo£ ' of land at the Northwest corner of the SW 1/4 of -Section 3, containing 92.7 acres mare or less . S hould you wish to obtain additional information regarding the project , you may contact any of the individuals indicated in the not ice, or me. Written responses must be forwarded to the Mined Land Reclamation Division by April 18, 1984. S incerely, RINDAHL & ASSOCIATES, INC . j vj I tCt f ilbert F. Rindahf, P.E. President GFR/jl/22 Enclosure File No. 83-0906 Certified Receipt No. P 292 101 890 of* engineering& Environmental Services ,'� fr4\/ ;o 4 45 i ' -- (9.- I I, y • RECEIVED APR - 5 1a` AFFID i VIT OFFUBLK;ATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder Roger L. Morris -do solemnly swear that the LONGMONT DAILY TIMES-CALL is a daily newspaper printed, in whole or in part, and published in - • the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that copies of each number of said newspaper, in which said notice or advertisement was published, were transmitted by mail or carrier to each of the subscribers -- NlL1e NOTteE Anduaetcompn —Oer Cabrbe of said newspaper, according to the accustomed mode of business 3105 vw.assd:Oa ,,enlorsde,. In this office. 'Jpta.ta.Mad ans.arcetiontors Mining ,�M lNeWn trop Peron MO the Color► 40o MwM tak'IMdtlmYm loud under That the annexed 'legal notice or advertisement was publishedresn e.wm a M.a locale theed Land wr+b TCO aodo..o mxM..-i rt in the regular and entire editions of said daily newspaper once each rs.wem 1 _a�evismlR,. 1 '4E t ream the dormt!sa Um OW 1/4 a secdan 3,TmmMypt Plonk Reap ; week on the same day of each week for the 4 ¢fawestteeesipempIp1adndetn period of t01 r a11M lw us.a W1tt 1 el Meposed Mil el emom..tlnce See Of I meoi le May 1,1M0.The prepaid consecutive insertions; and that the first publication of said notice case(the mn we be yieenum. .Additional trdwm.ton end lent► neetleay be oblehle0!roma March 8 1 Mined Pete"toed act metleln d, was in the issue of said newspaper dated as lm Sherman Street,Dearer, W,IO (Xd)U SIST, or t..k tyClerk an d Recorder,or the above hSent 19 84 and that the last publication of said notice was in *Mean comments must be Med NM Mined Lend Recameton loom by onamela,Hat. the issue of said newspaper dated arch 29 . 19 84 Wed in the Dairy nmscn,tong. Mont.cos.Mmbh a,Is.22,it,IS .y. to .Business Ltd/ onager t///ft/ssistant usin Manager Subscribed and sworn to before me this .2.9..h. day of • March 19 84 agilei _ota y Pub FEES...24...2.1. 9}' CC`I' :C;MN EXPIRES u '. „.,.45C'BO.C. CO O i 'O tH5OI AFFIDAVIT OFFUBLIC,'ATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder I Roger L. Morris , do solemnly swear that the LONGMONT DAILY TIMES-CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions -of the Act of March 3, 1879, or any amendments thereof, and NOTICE Pursuant to the NOTICE levee of the State of Colorauny Zoning that said newspaper is a daily newspaper duly qualified for publishing Ordinance,a public hearthand the s will be held In Iha Chambers of the Baled of County legal notices and advertisements within the meaning of the laws OemmisSIonera of Weld County,Coley 916 of the State of Colorado; that copies of each number of said imhWStreet,CountyCen Colorado,ol do at the lime specified.All persons in any manner newspaper, in which said notice or advertisement was published, interested In the Use By Special Review are requested to attend and may be were transmitted by mail or carrier to each of the subscribers heard. of said newspaper, according to the accustomed mode of business maps ALSO certified by the the County in this office. Planning Commission may be examined in the office of the Clerk so the Board of County Commissioners, located in the That the annexed legal notice or advertisement was published Weld County Centennial Canter,g S 10th Street,Third Floor,Greeley,Calorsdo. DOCKET NO.M14 APPLICANT in the regular and entire editions of said daily newspaper XIXCX)Garcia Andean@ Rock Company P.Box WS Lyons,Coloradp S0040 XN{CXIgt XIX**KSWE XXPIaf Xt.,*meteict for the period of 1 T A°ME March 28,1981 EOUEST:Use By Special Review Mining Permit—expansion of en opencut wet gravel pit consecutive insertions; and that the first publication of said notice .LEGAL E DESCRIPTION SEµI end pert of the Nk SWW,Section 3,Townehip 2 North, Range MI West of ine 6th P.M.,Weld in the issue of said newspaper dated March 15 , DOAR,Coin OU BOARD OFCW CO NTY,COLORADO WELD COUNTY,NN A00 BY:MACLERK ANRECDFEUERSTEIN R 19 84 , and that the last publication of said notice was in COIINTYCCLERCIOTHEBOARD AND By:M ry THE Deputy By:Mary Pelt Deputy DATlnhed i tIleh 12,lend the issue of said newspaper dated a.YLll... v'U/ 19...84- Published in the Daily Times-Call,Long- mont,lath:4 Colo.March 15,19M /f+E Ld ssistant Business Manager . Subscribed and sworn to before me this 15th day of March 19 84 fT.�tary lib � OTAYF MY COMMISSION EXPIRES FEE $ 10.-6.0 oc amen 6, 1985 717 - AIL AVENUE LONLiNIONT i� "50R LLC COLORADO 80501 1-1300-02 Affidavit of Publication STAI OF COLORADO. 1 as. ��County of Weld, 1, .1.1__ of LEGAL NOTICE said County of Weld. being duly sw . soy that Pursuant to the zoning laws of State 1 am pis slier o! of Colorado and the Weld County 2 n- hel Ordinance,a public ofhearingBoard wi bw. ��a-e.� held to Commissioners Chambmr WedCou of D trs- 'County WeldCou County WddC alty. Colorado. Weld County Centennial the: the some is a weekly newspaper of general Center,915 10th Street,Greeley,Col- circulation clan anted rid published in the orado,at the time specified.All persons ,{�/ s ,J ,a in any manner Interested in the Use By town of . Q .Y l.Cl jj(' 5peclal Review are requested to attend end may be heard. in said county and stale: that the notice or adver- tisement. of which the annexed is a true ropy, BE IT ALSO KNOWN that the text and has been published in said weekly newspaper maps so certified Bymthay We eamintd 1 Planning Commission may be examined for consecutive in the ofce or the Clerk to the Board of County Comtdsxbeen, located in the weeks: Mot ihr notice was published In the Weld County Centennial Center. 915 10th Street.Third Floor,Greeley,Col.regular and enure issue of every number of said oredo. newspaper during the period and time of pubii- POCKET NO.84.14 Lotion cf said notice and in the newspaper APCANT proper and not in a supplement thereof: that the Andesite Rock Co first publication of said notice was contained in . P.O.Box 625 the issue of said, TT/sooner /beatiric dote. the - Lyons,Colorado 80540 _-+L. day of . Q/r-C Cot/ A.D., 19.Y1 DATE;March 28,1984 _and the last publication thereof, in lh kyssue of TIME:2:0O P.M. sQ�d m apcper bearing dote, the /_� day of �� J.�atS,f✓ • REQUEST: Use en Sut wet gravelReview f /� 19 if—V;/' that the said EEST of an By-cStwealeL 1/ /,// r�tL ' WE NWL DESCRIPTION t. -Y x- ///'C�� r l.��ti4/�yL e'��v SW . Section SEih and part ofthe Nor hos en published continuously and uninterrupt- SW Ya, 3, Township 2 North. edly during the period of at least fifty-two con- County.Colorado the 6th P.M..Weld secuttve weeks next prior to the first issue thereof BOARD OF COUNTY. containing said notice or advertisement above . COMMISSIONERS referred tat and that said newspaper was at the WELD COUNTY.COLORADO time of each of the publications of said notice. BY:MARY ANN FEUERSTEIN duly qualified for that purpose within the mean- AND CLERK TO THE BOARD COUNTY CLERK AND RECORDER frig of an act, entitled. "An Act Concerning Legal Notion, Advertisements and Publications, and BY:Mary Relfl.Deputy the Fen of Printers and Publishers thereof, and DATED:March 121984 10 Repeal all Acts and Parts of Acts in Conflict Published with the Provisions of this Act." approved April 7. March Ma the La seise Leader rch 15.1984. 1921, and all amendments thereof, and particu. -- — -- tarty as amended by an cal approved. March 30. 192 .. an - t approved May IS. -931. Publis- - Subscribed erld sworn to before me this /p,/ lay off� 12/x_ A.D.. 19 er .lGy��L +�//j,�l�.ey My commission expires /1— / r 5 --- ELIZABETH MA5g fl. Notary Public 22019 W,C.RD. 54 GREELEY, CO 8063 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. -BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 84-14 APPLICANT Andesite Rock Company P.O. Box 625 Lyons , Colorado 80540 DATE: March 28 , 1984 TIME: 2 : 00 P.M. REQUEST: Use By Special Review Mining Permit - expansion of an open-cut wet gravel pit LEGAL DESCRIPTION W1 NWa SEQ and part of the Ni SW4j Section 3 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD By: Mary Reiff, Deputy MATED: March 12 , 1984 PUBLISHED: March 15 , 1984 , in the LaSalle Leader // //I , , % /c' DATE : Mar h 12 , 1984 i'O: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearings for the 28th day of March, 1984 , at 2 : 00 P .M. Docket #84-13 - Martin and Jeanette Bohlmeyer, USR-Accessory structure over 1 , 500 square feet in a subdivision Docket #84-14 - Andesite Rock Company, USR-Expansion of an open-cut • wet gravel pit Docket #84-15 - Dakolios Construction Company, USR-Open-cut wet gravel pit Docket #84-16 - Petromax Energy Corporation, USR-Oil and gas pro- duction facilities OFFICE OF THE CLERIC Tp THE BOARD r BY ,11 (a--‘4 :L is 6 a Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO o r • /7y tlid 01:C0 - mod o COLORADO DEPARTMENT OF HEALTH -Richard D. Lamm 114 a,qL "°'�\ * Frank A.Traylor, M.D. Governor 1876 Executive Director March 19, 1984 Mr. Michael S. Muller, Current Planner 1 ! e Weld County Dept. of Planning Services �,t J JJJJ✓ 915 10th Street — - - " _-reeley, Colorado 80631 to, f al ink Co��m!ssroo RE: Use by Special Review Permit Application Andesite Rock Company Case # USR-615:84:11 CDPS NO: CO-0036803 Weld County Dear Mr. Muller: We have reviewed the above referenced document and although we found no specific conflicts with water quality interests, we have the following general comments: (1) Exhibit D, pg. D-1, P4. — Will County Road 24 1/2 be adversely affected by the rechannelling of Idaho Creek to its "new" channel? Will additional bridge supports/energy dissipating devices be necessary? (2) Exhibit N, pg. N-1. - The NPDES permit for the Del Camino Gravel Pit, located approximately 6 miles east of Longmont, is CO-0036803 not CO-0030456. (CO-0030546 is for a gravel pit under the same name - Andesite Rock Company - but is located approximately 2 miles southwest o! Lyons, Colorado). Please be aware that these NPDES permits specify that "changes in the discharge" must be reported to the Division and may require a new permit or permit modifications. These "changes in discharge" include such things as changes in discharge points or increases in discharge rate or pollutant loadings. We wish to submit these minor comments for your consideration should approval of the "Use by Special Review Permit" still be pending. We regret any problems that our delayed -response may cause you. Sincerely, Judy Bru Public Health Engineer Permits and Enforcement Section Water Quality Control Division 7B/lc xc: "Bud Mahn, D.E. , Field Services Section, WQCD Enclosure 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 MAR g X94 ' 0 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION efthagraCoLO, RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug -Graff that the following resolution be introduced for passage by the Weld County Planning Commission. -Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: U.S.A.— 615:84:11 NAME: Andesite Rock Company ADDRESS: P.O. Box 625, Lyons, CO 80540 REQUEST: A Use by Special Review Mining Permit for Expansion of an Open-Cut Wet Gravel Pit. LEGAL DESCRIPTION: W1 NW' SE' and part of the Nz SWk, Section 3, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; north of State Highway 119 and east of Weld County Road 7. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in _compliance with 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 Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive -Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) ; — The proposal is consistent with the intent of the -Agricultural Zone District in that the proposed use _does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district; — The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future; - The subject site is in -a Flood -Hazard Overlay District area. Operations Standards address this concern; - Use by Special Review Operation and Design Standards provide adequate protection of the health, -safety and welfare of the neighborhood and County. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. U.S.R. - 615:84: 11 Andesite Rock Company March -6, 1984 Page two 2. No building or electrical permits shall be issued -for the Ilse by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the -Department of Planning Services office. 3. The following note being _placed on the Use by -Special Review _Permit plat: NOTE: The Mined Land Reclamation Board -has the authority to is-sue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land -Reclamation Board; however, Weld County has jurisdicti-on of those matters outlined in the Operation Standards. 4. Detailed plan and section view drawings of the proposed channel change on Idaho Creek shall he submitted to the Army Corps of Engineers prior to extraction at said site. Motion seconded by: Sharon Linhart Vote: For Passage Against Passage Bill McMurray Sharon Linhart Doug Graff Louis Rademacher Jack Holman Bob Ehrlich The Chairman declared the Resolution _passed and ordered that a certified copy be forwarded with the file of this case to the IBoard of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify t-hat the above and foregoing Resolution is a true copy of the Resolution of the -Planning Commission of Weld County, Colorado, adopted on March 6, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 7th day of March, 19B4. Qa�s3a o+ C-3x Secretary DETERMINATIONS 70 BE MADE BY T-HE BOARD OF COUNTY COMMISSIONERS ON USE BY SPECIAL REVIEW REQUESTS 24.4.2 The Board of _County Commissi-oners shall hold a public hearing to consider the application and to take -final action thereon. In making a decision -on the proposed Use by Special Review, the Board shall consider the recommendation of the -Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning _Services case file, the Board of County Commissioners shall approve the request for the Special Review -Permit unless it finds that the applicant has not -met one or more of the standards or -conditions of Sections 24.2.2, 24.5 (design standards) and 24.6(operation standards) . The applicant has the burden of proof to show that the standards and conditions of 24.4.2, 24.5 (design standards) and 24.6 (operation standards) are met. The applicant shall demonstrate: 24.4.2. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 24.4.2.2 That the proposal is consistent with the intent of the district in which the USE is located. 24.4.2.3 That the USES which would be permitted will to compatible with the existing surrounding 1-and USES. 24.4.2.4 That the USES which would be permitted will :be compatible with the future DEVELOPMENT 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 MAST-ER PLANS of affected municipalities. 24.4.2.5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District -Arta identified by maps officially adopted by Weld County. 24.4.2.6 That if the USE is proposed to be located in the A-District, that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24.4.2.7 That there is adequate provision f or the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. It CO! J RCCHAmD 0 LAMM JERIS-A DANIELSON Governor - 1O! l ,-y Stale Engineer 2143H x i817--b • OFFICE OF THE STATEENGINEER DIVISION OF WATERRESOURC-FS 1313Sherman Street-Room 818 Denver, Coloradoa0203 I _ (303) 866-3581 I February 28, 1984 rl= . Sir:!C Cu. Pi,:r:,ire Cn:y:ie ..'t Mr. Michael S. Mullen Weld County Planning iDepartment 915 10th Street Greeley, CO 80631 Re: Andesite Rock Company, Del Camino Pit, USR-615:84:11 Dear Mr. Mullen: As requested, we have reviewed the -above referenced -application for a gravel _pit expansion in Section 3, T2N, R68W. Ponds presently exist in the area to be permitted. The proposed mining will create additional pond surface area. We believe the pond, when reclaimed, will be used by the fish and wild- life that the application indicates exist in the -area. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in CRS 1973, 37-92-103, as putting the water to beneficial use. Since the source of water for the expanded-pond area that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we re-quire that a well permit be obtained from our office. The well permit must be obtained prior -to increas- ing the water surface area of the gravel pit. Otherwise, Andesite will be in violation of CRS 1973, 37-90-137. Since the gravel pit is located in an over-appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. The correct procedure rto obtain a well permit is as follows. Andesite should first file for a well permit with this office. The well permit will be denied since the proposed gravel _pit is located in the over appropriated South Platte River basin. Before receiving this denial, Andesite could submit a plan for augmentation to the Water Court. The augmentation plan should replace the out-of-priority consumptive use associated with lake evaporation and any other out-of-priority consumptive uses. Upon the court's approval of the plan for augment-ation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. • Mr. Michael S. Mullen Page 2 February 28, 1984 The application states that the landowner does not intend a beneficial use to occur from the existence of the ponds. Should Andesite concur and be able to show there is not a beneficial use of the pit water, the evaporation -from the additional pond surface area created by mining would be considered a wasteful use of the ground water. Senior water right holders are rightfully entitled to this water. If there was a wasteful use of water, our Division engineer would order Andesite to cease operations in compliance with CRS 1973, 37-92-502(2) . The application states that water from the Rural Irrigation Ditch will be used for make-up water for dust suppression and wash water. Andesite cannot use water from this ditch for industrial purposes or as replacement water without approval from the Division 1 Water Court in a change of use proceed- ing. We will review any change of use application or augmentation plan in detail when it is filed in the Water Court. The water rights the landowner owns could potentially form the basis of the required augmentation plan dis- cussed in the third paragraph of this letter. The application indicates that two wells exist within 100 feet of the permit area. One well is 180 feet deep. The other well is only 21 feet deep. The applicant states that any reduction of well yield will be replaced by Andesite with water from the pit. As was discussed above, water cannot be used from the pit without a well permit, even for replacement purposes. Andesite must find a legal source of water for this replacement. We are also concerned that the other wells the application indicates exist in the area might be affected by dewatering. A monitoring system could be set to provide data should any disputes occur over injury. The monitoring system should be set up before mining begins. The application also discusses the realignment of Idaho Creek. Has Andesite contacted the Corps of Engineers concerning realignment? The appli- cation further states that the creek will be allowed to run into the pond. Where does the creek presently run? lee would object to any change in the present system which could potentially injure senior S.::ter rights. In summary, we cannot recoTrLend approval of this application until the issues discussed in this letter are aodressai. !•urthcr, +:a will order site to cease operations if our Water Carnissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sirl:erely, • • • Richard L. Stenzel, P.E Chief, Water Management Branch For: Hal D. Simpson, P.E. Assistant State Engineer HI)S/JRH:ma cc: Jim Clark, Div. Eng. Date: March 6, 1984 CASE NUMBER: U.S.R. — 615:84: 11 NAME: Andesite Rock Company ADDRESS: P.O. Box 625, Lyons, CO 80540 REQUEST: A Use by Special Review Mining Permit for Expansion of an Open-Cut Wet Gravel Pit. LEGAL DESCRIPTION: WIINW1/4SE4 and part of the N1SW14, Section 3, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; north of State Highway 119 and east of WCR 7. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with 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. 1 et seq. of the Weld County Zoning Ordinance as follows: This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. - The subject site is in a Flood Hazard Overlay District area. Operations Standards address this concern. - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. U.S.R. - 615:84: 11 Andesite Rock Company March 6, 1984 Page two 3. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 4. Detailed plan and section view drawings of the proposed channel change on Idaho Creek shall be submitted to the Army Corps of Engineers prior to extraction at said site. OPERATION STANDARDS Andesite Rock Company U.S.R. - 615:84: 11 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 4. Vehicular traffic shall ingress and egress onto State Highway 119 as shown on the submitted Use by Special Review plat. 5. The property owner(s) and/or operator shall apply for a well permit°with the Division of Water Resources to comply with CRS 37-90-137, and meet the requirements stipulated in a letter dated February 28, 1984 from the Colorado Division of Water Resources prior to extraction from said site. 6. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. NO 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 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 flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 10. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. DETERMINATIONS TO BE MADE BY THE BOARD OF COUNTY COMMISSIONERS ON USE BY SPECIAL REVIEW REQUESTS 24.4.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special. Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24.2.2, 24.5 (design standards) and 24.6(operation standards) . The applicant has the burden. of proof to show that the standards and conditions of 24.4. 2, 24.5 (design standards) and 24.6 (operation standards) are met. The applicant shall demonstrate: 24.4.2. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 24.4.2.2 That the proposal is consistent with the intent of the district in which the USE is located. 24.4.2. 3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 24.4.2.4 That the USES which would be permitted will be compatible with the future DEVELOPMENT 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. 24.4.2.5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 24.4.2.6 That if the USE is proposed to be located in the A-District , that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural. land in the locational decision for the proposed USE. 24.4.2.7 That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. LAND USE APPLICATION SUMMARY SHEET DATE: March 6, 1984 CASE NUMBER: USR-615:84:11 NAME: Andesite Rock Company ADDRESS: P.O. Box 625, Lyons, Colorado 80540 REQUEST: A Use by Special Review Mining Permit for Expansion of an Open-Cut _Gravel Pit LEGAL DESCRIPTION: W1 NWT SEZ and part of the N1 SW4j Section 3, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; north of State Highway 119 and east of Weld County Road 7 SIZE OF PARCEL: 66.4 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The Criteria for review of a Use by Special Review application for a Mining Permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and the Mineral Resource Study. Dewatering may be an issue in this case. One well is located within one- hundred (100) feet of the site and it will probably be affected by the dewatering operation. The staff will develop an operation standard to cover this issue. The Army Corps of Engineers has voiced an interest in the proposed channel relocation for Idaho Creek. Their letter is submitted for your information. MSM:rjg FIELD CHECK FILING NUMBER: USR-615:84:11 __DATE OF INSPECTION: February 24, 1984 NAME: Andesite Rock Company REQUEST: A Use by Special Review Mining Permit for Expansion of an Open-Cut Wet Gravel Pit LEGAL DESCRIPTION: W1/4 NWT SEA and part of the N1 SW'1Section 3, T2N, R68W of the 6th Y.M. LAND USE: N Weld County Road 24',,_pasture, Barbour Ponds, St. Vrain Creek E Pasture. Cropland _1-25. Qe1 Camino to the southeast S PactirP Tank Battery and Heater, Valley Hayloft Restaurant, Bighorn Farm. Center, 3 residences, State Highway 119, Camenisch Dairy, Pasture and Ponds. W Recidenrp, Building Tinder Construction. Weld County Road 7, Pasture. ZONING: N Agricultural, C-3 and C-4 LOCATION: Approximately 3.5 miles northwest of E Agricultural, C-3 Firestone: north of Colorado State Highway 119 S Agricultural and Pact of Weld County Road 7 W _Agricultural COMMENTS: The subject site is an expansion of an existing sand and gravel pit, and has an existing access on State Highway 119, one-half (1/2) mile west of the I-25 interchange. The entrance has a weigh station consisting of scale and a mobile home used for a security guard/office. Egress from the subject site has good site distance in both directions. BY: ic-AACCa . /'V1 Michael S. Mullen, Current lanner MSM:rjg Iw^ik, —�- - - - - - - - - - - -• • • • • • • • • • u •i - • L I it 111 n.f•- ll ▪ as . .. . : : --- --- it ---- __ Y `Wj -._ _• ; ., • , II I � . ; „ = Ile N z! 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'nom t• / ,/ ,r � , f$ i `^ .e,it 9�/� *.i ) 'F. F may , I e�'4%'- , ,. . - •,...,,i , k-0,., 'ggg � S'r '. � , .- 8 fir'� >f 'Si' a '�.Y. Ft�� _ ice` 3£ 44 v p�`y yy /s _ ♦ _Y •ti T1 1 -•;C: ''''4, Fi 1 • } \.„-4%A' ka s Y �._ '' . . r T Y. a2 }� • X•..•K ` 4 ♦ y ,� , '- ( APPLICATION �;, USE BY SPECIAL REVIEW .< Department of Planning Services, 915 Tenth Street, Greeley, Colorado Pho e-,r-rO00.._,It U . Case Number (.l5I CeLT eY ry ,fr- �'� Received Application Chec ed by ' I ' BOG,} Application Fee÷3114.c° / R 'Pt Number /,3252 Recording FeeAh(O.o') L=: ravpt Number 5718 Veld-Cu. Nawmlx Cnommtieu TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: See'attaehed Section T N, R W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: See attached Section T N, R W Property Address (if available) PRESENT ZONE A OVERLAY ZONES TOTAL ACREAGE 66.40 PROPOSED LAND USE Mining EXISTING LAND USE Agriculture SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Eva Rademarher Address: 3525 Highway 119 City Inngmnnt Zip SOsn1 Home Telephone # Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Gilbert F. Rindahl Address: 2305 S. Syraruse Way, dl717City fenvpr Zip Rn731 Home Telephone # Business Telephone # wgA_FR(aA Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Eva Rademacher Address: 57L7 Highway 119 City Longmont Zip 80501 Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities 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 ) �i/r ^ // /A STATE OF COLORADO te& _t) ` '/ ( �'/t'4a�cJC�L�' Signature: Owner or Authorized Agent /�/' Subscribed and sworn to before me this day of �f�n / .42.4// 19 1/9( ,: LA � � 0 SEAL NOTA Y PUBLIC , ,• My Commission Expires November 23, 1987 My commission expires Weld County , Colorado SPECIAL USE APPLICATION • FOR OPEN CUT MINE PERMIT ( gravel pits , etc . ) Department of Planning Services 915 - 10th Street Greeley , CO 80631 PHONE : 356-4000 Ext . 404 For ZONING ' DEPARTMENT Use Only Case Number : Applicant : PC Hearing Date : CC Hearing Date : Section : Township : North Range : West Zoning District : Acreage Involved : Permit Fee : Receipt Number : Legal Description Approved by , County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved by , Weld County Engineer Recommended Road/Bridge Fee : /Not Required Refer to : 1 ) Date : 2 ) Date : 3 ) Date : 4 ) Date : 5 ) Date : Application Reviewed by : , Zoning Department To be completed by APPLICANT in accordance with Procedural Guide Requirements : 1 . I (we ) , the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Gravel (gravel , coal , borrow pit , etc . ) mining operation for the following described unincorporated area of Weld County : LEGAL DESCRIPTION : West 1/2 of the NW 1/4 of the—SF 1/4 and tha North 1/2 of the SW 1/4 of Section 3, township 2 North, Range 68 West, • less a 5 acre plot of land at the Northwest corner of the SW 1/4 of Section 3. TOTAL ACREAGE : 2 . Surface Owner( s ) of area of land described : Name : Eva Rademacher — Address : 3525 !hallway Phone : _ Name : Address : 119, Longmont Phone : 3 . Owner( s ) of mineral rights to substance to be mined : Name : Eva Rademacher Address : 3525 Highway . .Phone : Name : _ Address : 119, Longmont Phone : 4 . Source of applicants Legal Right to enter and to mine on the land described : Certified Statement, (Attach Certified Copy of any Document noted to the Back of this Form ) F 5 . Address of applicant and general office : Applicants address : P.o. Bax 625 Lyons. CO flukkghone : 237_M775 General Office address : P.O. Rnx R79 313 Sn Phone : (Ansi 3,34-5000 Phillips Sioux Falls, S.D. 57101 6 . Identify any prior permits for open cut mining held by appli - cant or affiliated person : MLRB Permit for Limited Impact 79-83; MLRB Permit fnr limited Impart 79-R31 : MIRB Permit fnr Regular nperatinn 77-141 7 . Description of Operation a . Types and number of operating and processing equipment to be employed : Front Lnd Loaders, Trucks, Dozers, Graders and Scrapers Crushing riant b . Maximum number of employees : 10 , number of shifts 1 c . Number of stages to be worked : 3 , periods of time each is to be worked : 2-3 years d . Thickness of mineral deposit : 17_15 feet , and thickness of the overburden : 2 feet e . This will be a et dry pit operation . f . Site entrance/exit points and county roads and bridges to be utilized between site and delivery point ( s ) (must be coordinated with County Engineer ) : State Highway 119 to I-25 8. Decription of Rehabilitation a . Proposed rehabilitation land use ( s ) : Pond b. Source of technical advice for reclamation : Rindahi c Associates, Inc. 2305 S. Syracuse Way, 11217 Denver, CU 8U251 c . Explanation of Reclamation Process : Create pond rehabilitation -shoreline with topsoil and seed with native'grasses. I hereby depose and state under the penalties of perjury that all statements , proposals and/or plans submitted with or con- tained within this application are true and correct to the best of my knowledge . COUNTY OF A/lei— e STATE OF £oi',--? , Signature : wner/Authorized Agent Subscribed and sworn to before me this O7-9'(-49 day of cSeeif 4 , 19141. SEAL NOTARY PUBLIC My commission expires : /a, ,9s— • Gilbert F. Rindahl,P.E. C.Jay Silvernale Bruce G. Rindahl Rindahl & Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • 1303) 696-6846 February 6, 1984 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Gentlemen: Andesite Rock Company respectfully requests favorable consi- deration for approval of use by special review of an application for mining sand and gravel in Section 3, Township 2 North, Range 68 West. The following statements correspond to the Weld County Procedural Guide for use by Special Review. a. The proposed mining operation is consistent with the Weld County Comprehensive Plan in that gravel mining is economi- cally feasible. The "Map showing potential causes of gravel and crushed-rock aggregate, in the Boulder-Ft. Collins- Greeley area, Front Range Urban Corridor, Colorado, " by Roger B. Colton and Harold R. Fitch published by the Department of Interior, United States Geological Survey prepared in coop- Eration with the Colorado Geological Survey describes the area as: GRAVEL DEPOSITS UNDERLYING=TERRACES AND FLOOD -PLAINS - Pebbles generally well rounded, unweathered; deposits contain little deleterious "lime" (CaCO ). Lithologic composition reflects bedrock in source areas along Boulder Creek, St. Vrain Creek, Lefthand Creek, the Little and Big Thompson Rivers, and the Cache La Poudre River; clasts are composed chiefly of quartzite, granite, gneiss, and _pegmatite. Few or no reactive constituents. source of best quality gravel for concrete -aggregate and road metal. iiksce Engineering& Environmental Services '\•�j. Weld County Department of Planning Services Tebruary 6, 1984 Page Two b. The proposed mining is consistent with the intent of the district in that there has been previous mining on this property and current mining on the adjacent property to the north. c. The use will be compatible with surrounding land uses since there are other gravel pits in the adjacent area. d. Future uses would be limited to those which could be compac- tible with a flood hazard zone, i.e. , agriculture, wildlife, open space or mining. e. The mining complies with the overlay Flood Hazard Zone as a use by special review. f. The use is proposed in the "A" District. The type of soil, the high water table, and the Flood Hazard overlay zone make the property a marginally productive agricultural land. g. The distance from the nearest inhabitant is such that there will be no concern for health, safety and welfare of the inhabitants of the neighborhood and the County. Detailed Description of Proposed Operation a. Type of use - gravel mining. b. Nearest residential structure is approximately 1000 feet and is owned by the applicant. c. Plan of operation calls for one shift per day, five days per week. d. The maximum number of workers on site is estimated at twelve. e. Not listed. f. Animals are not a part of this use and none are expected to be on site. g. Temporary structures on site will be an office, guard trailer, a scale house, and a servicing, crushing and gravel wash plant. C Weld County Department of Planning Services February 6, 1984 Page Three h. Truck traffic generated by the operation will be primarily on State Highway 119 to I-25 and south to Denver with a small amount on State -Highway 119 into Longmont as the market requires. Approximately 40 trucks per day can be expected during maximum operation. Trucks will be various sizes with the longest being 25 ton belly dump and end dump trucks. i. Domestic sewage will be Jiffy Johns or similar. j. Stockpile will cover approximately one acre. Overburden stockpiles will be temporary since the material will be replaced as the mining progresses. Gravel will be an operational stockpile only to stay ahead of the demand. -k. There is no debris, junk or other wastes associated with this operation. 1. Total time for mining is estimated to be five years. Please refer to the mining plan in the application booklet. m. -The area landscape plan is contained in the reclamation plan in the application booklet. n. Reclamation will consist of reseeding the shoreline as mining progresses from east to west. Native grasses will be planted to return the land to a naturally vegetated area around the pond. See application booklet for further details. o. Fire protection will be on site with tanker trucks used for 'dust suppression and fire extinguishers at each equipment location. es Sincerely, RINDAHL & ASSOCIATES, INCC.. \a Gilbert F. Rindahl, P.E. President GFR/,j 1/21 File No. 83-0906 Attachment I ( i ilia Gilbert F. Rinctahl,P.E. C.Jay Silvernale Bruce G.Rindaht ` ' Rindahl&Associates •1305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • (303) 696-6846 I- PROJECT OVERVIEW I Andesite Rock Company proposes to expand its Del Camino pit fnr the extraction of sand and gravel. The mine site is located approximately one mile west of I-25 and just north of Colorado 11-9. The operation is in Weld County at an elevation of 4840 MSL. This application is being submitted to the Colorado State Mined Land Reclamation Board under the provisions of section 112 fas a request for a Regular Operation Permit. Total acreage is 65 f acres which includes 9.9 acres permitted under permit #79-83L. In conformance with all applicable rules and regulations, background information on the site and the nature of the proposed operation is presented in the following application. • This application has been prepared by: Rindahl & Associates, Inc. 2305 S. Syracuse Way Suite 217 Denver, Colorado 80231 IThis application contains proprietary information and -express permission of the operator or preparer must be obtained I to reproduce any part thereof. Uttgerit! Sincerely, ,,,,,,,,, ,,, &iiiete • _4,,cc> ,cGtS ERF O� s RINDAHL & ASSOCIATES, INC. C�-60 ` v 9r Lx 1114S , = Gilbert F. Rindahl, P.E. '�;•s a. :. President �'%. t.°:a:` ^p.a_ r L. (gaff' , C. Jay Silvernale, Director, Natural Resources Management E 1A • .a rye p Engineering& Environmental Services -" > i - III 7!79 ' ___ .AP (1 i— EPMt? 'p:�,. .-,.— ON 77PM I_' State of Colorado Application for Mining and Ceoartaent of Natural Resources Reclamation Permit, Pursuant n INEO LAND RECLAMATION ECARO to CRS 1973, 34-32-101 et seq 1313 Sherman Street, .cum 723 Denver, CO 80203 (303)935-3567 ■C (Tyoe or Print Clearly) ` ,. Name of operations Del f' minn r r - (Pi;, nine Cr site name) 1. _. Name of acptican t;Noe-afore Andesite Rock Com an II (Name to be used on permit) p Y 3. Acaress and phone nu.:=er ofti P.O. Box 737, Lyons, local officesyons CO 80540 (303) 443-3490 4. Address and phone !muter 313 So. Phillips Avenue r of general offices Sioux Falls. S.D. 57101 (605) 334-5000 E. Ma-,e and phone numcer of person Rindahl & Associates, Inc. sta'f .,,embers s.nould a:nt;et (303) 696-6846 S. P;ren; Co crayon, ;f any IL.C. Everist, P.O. Box 829 , (Include name 6 address) 313 S. Phillips, Sioux Falls, SD 57101 f 7. Owners) of record if affected Eva Rademacher • land (surface area) -.• (If acre than z, list in EXHIBIT P) 3525 Highway 119 Longmont; CO 80501 • a. Ownerts) cf substance to be mined Eva Rademacher (If more than 2, list in :SHIBI? P) . 9. Source of lecal rice to enter I - 1Lease and Right of Entry(Indicate what type of proof is 9 included in EXHIBIT 0) -- NOTE: See i7Lr- 9.1(3). Rules L Regs,774 6, • 10. Type of mine c substance to be mined Open pit; sand and gravel (Specify underground, strip, open pit, etc. and sucscance(s) to be mined). t II. Gener . :coati= & elevation (mi les : 'Vicinity I-25 & Co. Hwy. 119; 5 miles dire:: on from nearest town : aocroxi I -mate s.to elevation) - least of Longmont, CO a 4840 MSL Ili Ii. County (weld 13. Acreage of a:-..-.e. lanes (Total surface acreage to be included in 66.40 11 permit (See RULE 1 for cefinition). 14. Application fee (See RULE 2 to determine amount) $885.0@ 9 7o ee 15. Present land use (i.e., agricultural , industrial , etc.) (Mining/Agricultural :.i 16. Surrounding land uses (Agricultural/Waterfowl habitat j 17. Proposed future land use (Final USG Lgrirultural/Pond after reclamation! I 19. Uncermitted mining operations (See RULE 2.11(13) None Li (over) I II: Per-0 oli=aeon loor:'1.1 ( f 19. The lands nertin to rot affect any of the lands described in Section 1115(4) (f) AfTirmed of the Mined Land Reclamation .:ct. (Soecifv affirmation) r--APS 5 EXHIBITS F With each of the five (5) copies of the application form, the soelicant must submit a corresponding set of the maps and exhibits outlined in RULE 2, as follows: 1. EXHIBIT A - Legal description I 2. EXHIBIT 3 - Index mao 3. EXHIBIT C - Pre-mining 6 mining plan mao(s) of affected lands �. EXHIBIT D - Mining plan (. -5. EXHIBIT E - Reclamation plan -6. EXHIBIT R - Reclamation plan map 7. EXHIBIT G - Water information 9. EXHIBIT H - Wildlife information 1. EXHIBIT I - Soils information 10. EXHIBIT J - Vegetation infonaation 11. EXHIBIT K - Climate I2. EXHIBIT L - Reclamation Costs NB: Concerning_ the next three EXHIBITS .H, N, please rote that the ulv 1978 edition of the Rules and Regulations omits tnese EXHIBITS. This was not a deletion by the Mined Land Reclamation Boaro; the data required from these EXHIBITS was .merely transferred co a new section in the Regulations (RULE 9, p. 46). Subsequent issues of the !` Regulations will reflect the omission of proper cross-referencing in this regard. Please include, in your permit application, EXHIBITS _ M, N, 0, as required Sy RULE 5.1 (1) , (2) and (3). 13. EXHIBIT M - local Government approval ) Bee RULE 9.1 (1) 14. EXHIBIT N - Other permits or licenses ) See RULE 9.1(2) 15. EXHIBIT 0 - Source of legal right to enter ) See RULE 9.1(3) 7 16. EXHIBIT P - Owners of record of surface and subsurface rights. • F_ -NOTICE PROCEDURES l After the aoplication is considered "filed" (pursuant to RULE 1.1(10) with the Mined Land Reclamation -Division, notice procedures outlined in RULE 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR Staff informing you of the comoleteness ("filing") of your aoplication. ADDITIONAL INFDRMATICN This space can be referenced for further information of any of the items In this form. f F L true the best re my knowledge, all the information P./ tinted in plic� �e�� :rue and correct. �/CC,'//(( TITLE (Signature by individual legally authorized to bind the operator to this application.) I' E X f 4 _ E I T 44 11 LES L D SCF-'_ ' PTT or' • The permitted area for the Andesite Rock Company' s Del Camino Pit is located within the West 1/2 of the NW 1/4 of the SE 1/4 and the North 1/2 of the SW 1/4 of Section 5, Township 2 North, FRange 68 West, less a 5 acre plot of land at the Northwest corner of the SW 1/4 of Section 5. The lease area contains_ 92. 7 acre=_. The area to be permitted is a total of 65 acres of which 9.9 acres were permitted under permit #79-83L. t I L I- Li f � A-; �XI-IIElI -r S � I•ti n x ��t-• The Index Map appears on the Pre-Mininp Map, located in the _back pocket of this report, Sheet 1 _of 4. • p-1 - r5,1 19 ITJ I NI4 The Pre-Mining and Mining Plan Maps arm located in the back pocket of this report. Sheets 1 and 2 spf 4. [, L L 1 L 1__ I XHIEsIT ID i("1 I ii I i- F'4—A iNJ i The method of mining to be used in each of the three areas will be to remove the topsoil with either dozers or scrapers and etockoile that meterial just inside the permit boundary (Sheet [I rf 4) . Within Area I, it is estimated 2. 5 acre feet of Bankard sandy loam topsoil is available for stockpiling. As the pit is :expanded to the east in Area I, the topsoil will be stockpiled al-ong, but within, the south boundary of the permitted area as shown on -Sheet 2 of 4. Stockpiling in this manner will allow for minimum handling and grading of topsoil during the reclamation of the shoreline in this area. Very little, if any, overburden stockpiling is anticipated for this area. Photos D-1 and D-2 11! depict soil profiles common to Area I . These photos also indi- cate that the gravel extends to the surface and that generally there is little if any topsoil available for salvage. The sei i _ o` mapped in this area is Bankard sandy loam (Sheet 4 of 4) I. The mining method to be used for oravel removal will be a dry operation. The operation will involve Caterpillar 9B8 -Frontend loaders (-Photo D-3) extracting the gravel and loading -the gravel into 25 ton haul trucks. If the gravel is to be stockpiled near or within the plant site it will be loaded pit- run into 100 ton haul vehicles and transported from the pit to -the plant site. iIn Area I (Photo D-4) , the gravel will be extracted at an approximate average rate ct 42,000 cubic yards (93, 000 tons) -per year during 1984 and 1985. This results in about 3. 8 acres of surface disturbance each of these two years or a total surface disturbance of 7. 4 acres within this Area. When Area I is mined in 1985, Idaho Creek will be diverted to the eastern most meander (Photo D-5) via a 450 foot oort:en t7: temporary channel (Sheet 2 of 4) sized for a 24 hour, 25 year runoff event. This diversion will allow the removal of gravel L from within the area that Idaho Creek now flows which is a man- made charnel . It is assumed that this existinc na.n-made channel I_ cf Idaho Creek was stra ghtened for about 350 feet within Area I -ao that a bridce on County Road '74 1/-7 did rot have to have an energy dissipating winced abutment. It is not known when this alignment occurred, however, the chsar.nel izsti on diverted Idaho Creek from he meander now being proposed as its "new" channel . As mining ends in Area I , topsail and overburden removal will h[:: begin on the east end of Area I I. Topsoil will be temporarily stockpiled in narrow berms inside the south and west boundaries cf the area in the same manner -as used in Area I. These berms s will total nearly 1700 feet long, be 5 feet high and 10 feet at the base. As the mining progresses toward the west, the cutbanks will be sloped and graded. Topsoil will be spread to a depth of between 12 and 1= inches or that portion of the shoreline to be 1- T-1 C above the mean annual water level of the pond. This sequence of shoreline reclamation will be followed in all three areas of mining. The excess topsoil (about 18 acre feet) remaining from Area II, after reclaiming the shoreline and diversion berm in Area I, will be disposed of offsite. The amount of topsoil needed for reclamation of the shoreline in Areas I and II is about 3.8 acre feet. After the topsoil is removed in preparation for the first phases of mining in Area I I , about 3. 5 acre feet of overburden will be removed from this area and used in the construction of the Idaho Creek diversion berm. The berm will provide protection to the mining operation should Idaho Creek flood. After reciama- tion, the berm will protect against causing a breach in the western bank of Idaho Creek during flood stage and allowing the creek to run into the pond. Overburden from the remainder of Area II (about 20 acre feet) will be disposed of offsite. In. Area II, the rate of extraction of gravel will be about 135,'000 cubic yards (27 8. 3001 tons) per year. Mining in Area III will proceed in the same manner as the operation did in Areas I and II using the same methods and equipment and extraction rate used in Area II. Because the method of mining requires a dry operation, final reclamation (flooding of the pit) of those areas previously alined t will be unusual . Mayor disturbance will be about 4 acres total at any one time. Ma or disturbance will be associated with 2 l''' acres of topsoil and overburden removal during mining, -about 0.2 acre of topsoil stockpiling for reclamation purposes on the shoreline areas, about 0. 6 acre a-f active topsoil and gravel stockpiles within the plant site area, about 0. 5, acre for active overburden stockpiles while awaiting offsite disposal , and about 0. 7 acre of active excavation. Due to the need that the operation be k-apt dry, moderate disturbance will always be increasing until a maximum of about 58 _ acres when the mining ceases in late 1987 or early 1988. This ( moderate disturbance will result from the final bottom and side Lgrading of the open cut and whatever backsilling may be required (the berm in Area I ) , the sloping of the pond banks, distribution of plant-growth medium, the plant site and weigh station area. L I- M-2 L Minor disturbance will be related to the shoreline being prepared for seeding and the Idaho Creek berm constructed in Area I . Maximum acreage of minor disturbance is not expected to • exceed 5 acres at any one time including active reclamation areas and areas that have not been released from applicable performance and financial warranties. The gravel is underlain by what appears to be the upper unit • of the Pierre shale. In this area, the Pierre shale is dipping • about S to 10 degrees generally striking north, north-east. [1 F F l if i I- iL D-3 r I - / E X I--I a r -l- i : --.a(L.- -,-, `1 1T It-3 NJ F1'L._ NNI The excavated area will be reclaimed to about a 60 acre pond as requested by the landowner. The pond will have a mean annual ( high water line near 4674 msi . I. This plan of reclamation was chosen by request of the landowner. I The post-mining land use will be compatible with the agricul- tural and range uses now occurring, exclusive of the existing r mining. The pond will also be compatible with other land uses in the vicinity, the Barbour Ponds State Recreation Area, other ponds on the owners property, one being used as a private fishery and private ponds for aesthetic landscaping. rGrading Final topography will be compatible with the post-mining land use. Shoreline grading will generally be sloped at 1 (horizontal to vertical ) from 5 feet above to 10 feet below the expected mean high water mark. All other reclaimed slopes will hbe no steeper than 2: 1 . The construction of the berm in Area I to prevent Idaho Creek from breaching its channel will require back-Filling with over- t burden. This fill will be compacted to insure stability of the berm and to prevent failure from overtopping by Idaho Creek. In F' the design and construction of the berm, the prevention of seepage will be a design criterion. All grading, incluc'ing pit bottom, shoreline, haul roads, plant sites, berms, and plant- . . ' growth medium placement will be done in such a manner to control erosion and siltation of affected lands and offsite areas. All backfillino and grading will be completed immediately behind the completion of a mining phase. Once mined, the pit L walls will be graded to 3: 1 slopes, the pit bottom will be graded to about 20: 1 slopes and that portion of the shoreline that is L higher than 5 -feet above the water line will be graded to 2: 1 slopes or flatter so as to conform with natural topographic features. LThere will be no refuse, acid--forming or toxic producing materials as a result of the mining operation. No drill or auger holes will be a part of the mining. There will be no addits or shafts. Il f._ f t. • Water I There will be no significant change to the prevailing hydrologic balance. The exposure of approximately 60 acres of alluvial water to surface evaporation is expected to be minimal due to the exposure to the surface of several other water bodies within the general vicinity. So that any and all impacts are minimized, reclamation of the area to a pond will be in conformace to State, Federal , and Local government laws. Earthen I : dams are not necessary. See Exhibit G for more a comprehensive -evaluation. L. Wildlife, The mining and reclamation plan have been developed with the safety and protection of wildlife in mind. Due to the existing mining and the fact that mining has been occurring for ten years or more at the site, whatever critical wildlife micration routes, nesting, struting, etc. that may have existed have been lost. Habitat management or its creation is not par' t;± _hi s ir reclamation plan. Tire landowner is not interested in en hanciro or benefiting wildlife. No beneficial use is proposed for the pond that is to be created. { Topsoiiinq Topsoil will be removed and segregated from overburden and gravel . Due to the method of mining, the topsoil will be used for reclamation of the shoreline, generally within 30 to 60 days after removal . Therefore, deterioration is not expected to occur due to chemical or physical changes. No woody vegetation that exists on site will be removed. It _ _ is the intent of the operator that woody vegetation (cottonwood C` trees) be retained. This is in conformance with the landowners request. See Sheets 2 and _ of 4. LThe temporary stockpiling (70 to days) of topsoil will be in narrow and low berms. This is a configuration that will protect the topsoil from wind and water erosion. The mining method and method of topsoil removal and replacement ensure minimum handling. Replacement of topsoil on graded slopes will produce optimum tilth th for seed application. Compaction will be adequate to provide stability on steeper slopes but not enough to _disrupt natural soil structure. The .plant-growth medium replace- inent will be done in an even manner and to a depth between 12 and 16 inches. Fertilizer or other soil amendments will be added i4 I. determined to be necessary after analysis of composite soil samples. L r E-'7 ._ V Revegetation The affected area will be reclaimed as rangeland, with the -exception of about 60 acres to a pond, the shoreline and the Idaho Creek berm. Seeding will be by seed drill during late fall or early spring to ensure maximum advantage of soil moisture availability when germination occurs. The following seed mix is proposed to ensure the greatest probability of success and is based on environmental and I . biological factors common to the site. The mix provides for a diverse and long-lasting vegetation cover. rl Percent Species lbs. PLS/Acre Seeds/ft of mix/ft Blue grama 0. 3 5 9.6 1 Switchgrass 1 . 0 10 19. 2 Alkali sacaton 0. 1 5 9. 6 I Western wheatgrass 4. 8 12 23. 1 Big bluestem 1 .4 5 9.6 5ideoats grama 1 . 1 5 9.6 Needle-and-thread 2. 0 5 :9. 6 F_ Vetch (v. americana) 5. 1 5 :9. 6 15. 8 52 99.9 Weed control will be by mechanical means if weeds do become a significant percentage of the plant community. A significant percentage would be considered 30 percent. Ifmechanical means rg, prove not to be adequate, chemical weed killers recommended by a rscocnized agency or institution, i . e. , Soil Conservation Service, Agricultural Extension Service, ec. . will be used as long as the recommendation conforms to State and Federal laws. Fire lanes will not be required since the area will not be forested. No deposit or disposal of refuse is anticpated. No i adverse chemical , physical or ,surface features are expected. 1: The implementation of tie reclamation procedures_ and mixes i proposed here will provide a pond with properly sloped and stabilized shorelines commensurate with the intended post-mining land use. The proposed seed mix will provide a rear natural (native) plant community exhibiting species diversity and composition. a 'z v I E�CNIBIT F' -FR E:Q I EMI t'''lZr IF' �.- 1 The Recl airat i cn Plan Mao appears en Sheet 3 of 3 in the back pocket as this repert. I I I I 1_ F [. F-1 [14. C3 ! 44t EE FR I s'\I CD I l i-1 V I DM The existing mining operation is located in Section 3, Township 2 North, Range 68 West near the intersection of Interstate I-25 and Colorado State Highway 17. The St. r V•. a_n Creek runs north of the site at a distance of approximately 300 feet from the mining area_ Idaho Creek runs throuch the site from south to north. The Barbour Ponds State Recreation Area is located northeast of the sits. Water requirements for the proposed operation will consist of a dust suppression for the haul roads_ An estimated 5, 000 gallons of water per day will be used for dust suppression. Based on an operating schedule of 200 days per year, the proposed mining operation will require approximately 3. 1 acre feet per year. No more than 20 percent of the product will recuire washing. Make-up water for the dust suppression will come from shares owned by the landowner in the Rural Ditch. The ditch is decreed for 7-7. 00 cubic feet per second with adjudication dates of 1862 -end 1263. The owner has 0.2 shares of Rural Ditch water avail- able or this operation. Based on the historic yield of the ditch, this amounts to approximately 23 acre feet per year, or more than an adequate amount to supply the 3. 1 acre feet per year water requirement for the minine operation. The proposed mining operation will affect the ground-water regime in the area. Due to the dewatering operation. localized drawdown in the water table will occur in the vicinity of the pit. The extent of the drawdown will be within approximately 1 , 010 feet of the site. Two wells are within 100 feet of the site, Permit Numbers 77223 and 65259. Well No. 65/759 is listed as 180 feet deep and is finished below the Pierre Shale and will not be of fectM by the limited (15 feet maximum) dewatering depth. The Pierre Shale is the sedimentary deposit immediately below the sand and gravel to be mined. Well No. 37223 is listed as 21 feet deep and will probably be affected by the dewatering operation. Pny temporary reduction in the well yield due to the proposed mining operation will be replaed by Andesi=e Rock Company with water from the pit. This will not affect the overall stream del etion in the area. The location of the nearby permi tted wells is shown on the next page. The dewateri ng opera- tion itself will not affect the stream system due to the close proximity to the St. Drain Creek. Idaho Creek will be rediverted around the mining area back intp its historic channel . The _reek- was apparently divested to f'• ood irrigate crops. The channel alignment shown is on the Reclamation Map, Sheet 3 of 4. I : The -St. Vrain 100 year floodplain corers the entire permit area as shown on the Pre-Mining Map, Sheet 1 of 4. The floodplain limits were obtained from Mr. William Stanton of the Colorado Water Conservation Board as delineated by Kucera and Associates. The mining area will be adequately graded to insure proper drainage from the site. The well location map is shown on page 6-4. . • 1 • 1_ t ( ( ( TABLE G-1 i Well No. Owner Depth Yield 065259 Willard L. Cornett 101 1 .0 L' 037223 W. A. Guil -.,1 30.00 037739 Distribution Holdings, Inc. 26 0. 0 056698 James F. Holmes 32 15_0 003724 F. W. Marion 600 8.0 017939 Anthony Heaton 30 70.0 r 034027 William L. Englehard 30 0- 0 Temperature Processi rig Co. 000282 L. C. Wolfkill 700 20.0 I006744E 3. F. Camenisch 15 7200. x1 I040595 Cecil Messenger 22 20.0 1 . L. 4 . I_ C, I . 4 G-` LI IC C 34 .85° `'; °a Pry P 1 1 ! N! 4927 �� C l� � :.o v v I.A. Hc(4432 e • / a I 2 Ia l i c�d <67. '.I Owl �/ 4840-, 2 V� ,/PLEASE e BOUNDARY �� 9 —119ie ate itp a 714, 8 .. i ,p__•1 ,;/ N\ o • U Trailkr,, n � 'I - / rz � • • r j Lo a Ir _- 4456 _ 10 ' «i .I - 1,-. abp ._..L__-. '° II II ® u / 'r I i �aH� II 11` .4°C T \"YY/ i ill N_ i 0 ciTh / I I k ruYllk BM • S C7 SCALE' I°=2000' ®=WELL LOCATION WELLS IN AREA PERMIT NUMBER NUMBER ON MAP PERMIT NUMBER NUMBER ON MAP kk 1 065259 6 017939 1 2 037223 7 034027 3 037739 8 000282 ' 4 056698 9 006744 F 5 003724 10 040595 IFigure G—I . f ( IE x E-1 I .a I T I-4 LtiIL3DL_ IFE I NI F'D T'1 rID 'J Impact on wildlife will be affected in two ways. F_r=t. I there will be a temporary loss of habitat as the ongoing mining operation continues. Secondly, the habitat will chance from i• agrigulture to a pond. However, overall impact should not be • significant as a result of this operation due to similar operation in the area. Immediately south of the south boundary of the proposed permit area is a Prairie dog Cynomys ludovicianus) town (unin- corporated) , with an estimated population of 30 to 50 animals, including young and adults. Other Radentia that can be expected to inhabit and breed in the area are: Least chipmunk • Ea a. ias mininus Colorado chipmunk Euramias gladrivittatu_- Uinta chipmunk Eutamias umbrinus i Yellow-bellied marmotarata fravis e�tr s fi.chardson' s ground squirrel Sper^ophi!us richardsonii Thirteen-lined ground squirrel Sper'ophi: cis tridecemlineatus Spotted ground squirrelSpermaphilus sp .osoma Rockground squirrel Sperms phi 1 us s ariegatus Golden-mantled ground squirrel Sper. ophalus latera1is ` , Aberts squirrel Sciurus at•ertl I Fox squirrel Sciurus nioer Northern pocket gopher Thomomys taipoides Plains pocket gopher Geomys bursarius [ Olive-backed pocket mouse Perognathus fast_at.us Plains pocket mouse Perognat^us flavescens Silky pocket mouse Perognathus fl anus Hispid pocket mouse Perognathus hispidus Ord's kangaroo rat 3.i podonys ordii Beaver Castor canadersis L Plains harvest mouse Rr~i throdanro�^vs )cnt r? :__ Western harvest mouse Reithrodonto. ys aegalotis Deer mouse _ Perom sc us maniculatas I_ Northern grasshopper mouse Ono:.f:omys 1 :=uco�iaster Bushy-tailed wood rat Nef;tc,,a cinerea Meadow vole x jc.lotus penns;'I :pan1 us Prairie vole Microtus ochroge_- tr Muskarat rat ndatr3 zioe hi u m.eadow jumping mouse =aras hud=onius Porcupine Erethizon dorsatu.a I!4 Carni -_ora that can be expected to inhabit and breed in the general area are generally common to the plains areas similar to the proposed permit area. These carnivore are: 1 f H-. I f LSTATE OF COLORADO RECEIVED JAN 2 4 isut.Richard D. Lamm,Governor `O�pRgao • DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE Ron Oehlkers 3 cow c). 4 Jack R. Grieb, Director District Wildlife Manager `rig �ti� 8080 Broadwa Longmont South District OYOF` I , y Denver, Colorado 80218(297-1192) January 23, 1984 Mr. C. Jay Silvernale Rindahl & Associates 2305 S. Syracuse Way Suite 217 Denver, CO 80231 Dear Mr. Silvernale: I received your letter concerning the proposed expansion of the Andesite Rock Co. gravel pit located on the Eva Radenacher property northeast of Del Camino. The following species lists and comments are made relative to on-site inspections and Ilocal work and patrol: Rodents inhabiting the area include prairie dogs , ground squirrel species; fox squirrel, several pocket gopher and pocket mouse species; voles, deer mouse, and [. muskrats. Beaver inhabit adjacent river properties but do not commonly reside on the property in question due to lack of trees and sufficient water flows. Chipmunk species, marmot, Golden-mantled ground squirrel and Aberts squirrels are not found in the area due to lack of proper habitat. . Carnivores in the area include coyote, red fox, raccoon and striped skunk. Badger, weasel and mink may or may not inhabit the tract but inhabit similar adjacent areas. Ungulates include mule and white tailed deer which traverse the property but generally ' do not live on the tract. Pronghorn are not found in the area. I . Other mammalian species in the tract include Eastern cottontails and jackrabbits; the other species may or may not inhabit the tract but if present have not been ob- Lserved by me. Various bird species inhabit the tract with'ground nesting species, shore birds, and C waterfowl being the predominant species present. Raptors which utilize the area include burrowing owls, Great-horned owls, prairie falcons, sparrow hawks, and a varier, of other hawks species present during migration periods. Occasionally a I. GoldenAbald eagle may utilize the area for hunting though none are known to nest nearby. Cormorants utilize the tract and adjacent areas for feeding and loafing area. H Reptilian and amphibian species observed locally include snapping turtles, painted turtles and bullsnakes. Other species listed may or may not be found on tract although I have not observed them. Threatened and endangered species other than eagles which utilize the area include the white pelican which have been observed on Union Reservoir and the Barbour Pond .. area. No other threatened and endangered species are known to inhabit or use the area. DEPARTMENT OF NATURAL RESOURCES, David H. Getches, Executive Director•WILDLIFE COMMISSION, Richard L Divelbiss, Chairman F:�• James C. Kennedy, Vice Chairman•Wilbur L. Redden, Secretary•Donald A. Fernandez, Member•Michael K. Higbee, Member I— Timothy W. Schultz, Member•James T. Smith, Member•Jean K. Tool, Member Mr. C. J. Silvernale January 23, 1984 / Page two While mining has occurred for years in the area, some effects can be anticipated on local wildlife. Rodent species will certainly be displaced by expanded mining. This will affect local predators (skunk, fox and coyote) by reducing their available food supply and hunting territories. Deer should not be significantly affected due to limited usage at the present time. Waterfowl populations should be increased by the increase in water surface available. While the Rademachers_ do not wish to see hunting on their property, the area will serve as a preserve or "safe" area for resting, feeding and nesting by waterfowl and shore bird species. This should create a benefit to the adjacent Barbour Ponds, by increasing local waterfowl numbers and the quality of hunting. One very important factor, relative to the amount of disturbance created will be the actual size and time frame of the proposed expansion of mining. I would appreciate it, if you could forward a more definite description of the actual expansion plans. Proper planning can help reduce wildlife conflicts, and proper site rehabilitation can in some ways actually benefit the wildlife species present. If you have any further questions feel free to contact me. Sincerely, Ron Oehlkers District Wildlife Manager Longmont South District RO/js ta: 1� L ea L L L H-5 ( Coyote Canis latrans Red fox Vcd oe_- c'u1 pe{ Swift fox Vul pes velox Raccoon Procyon Iota.- Long-tailed weasel Mu frt^eta Mink Mustel a visor) Badger Taxidea toxus Striped skunk Mephitis mephitis Ungulates that can be expected to occur in the area are: Mule deer Odocoi 1 eus hem;one s White-tailed deer Odocoil gas virgin-an-_- Pronghorn 4ntilocapra americana Other mammalian species that might be expected to breed in the proposed permit area are: tasked shrew Silver-haired bat (migratory) Hoary bat Eastern cottontail Desert cottontail White-tailed jackrabbit Black-tailed jackrabbit The occurrence of numerous bird species can be expected, a list of which is too numerous to provide here. Of note is that the proposed permit area does occur generally on the boundary of the occupied range of the White pelican. Also note worthy is that the cottonwood trees located near the north boundary of the proposed permit area (along County road 24 1/2) are frequently used as roost by the non-huntable Double crested cormorant (Phal acrocorax auri t u=) . The following Reptilian and Amphibian species can logically be expected to breed in the area, however, their existence was ` , not substantiated. Great-plains toad s Woodhouses toad L Boreal chorus frog Leopard frog Plains spadefoot Sa rred-tiger sal amander If Common-snaop i ng turtle Western-painted turtle Ornate-box turtle f!` Western-spiny soft=_hell turtle i' Lesser-earless lizard Eastern short-horned lizard Red-lipped plateau lizard Prairie six-lined racerunner Northern many-lined skink Eastern yellow-bellied racer L.- H-� 1 Plains hognosed snake iWestern milk snake Northern water snake ' Eullsnake Western plains garter snake If Red-sided garter snake Prairie rattlesnake lThreatened and endangered species other than the White pelican that may have had historic range in the area are the Greenback Cutthroat trout, the Johnny darter, the Black-footed Iferret, and the River otter. The general effect on the possible existence of any population of the above listed species is not expected to be significant. Mining has been occurring in the area for several years. Obviously the smaller rodents are doing to be displaced and it is quite likely some will be killed as their burrows are ][ excavated. However, the populations of burrowing rodents are not expected to be large due to the existence of seasonably high ground-water tables. The drier lands exist south of the proposed 1 permit boundary as evidenced by the Prairie dog town. Little impact on the larger wildlife species that may occur I such as deer, skunk, coyote, etc. , is expected. It is genera. ly expected that these species are only transitory in the area due to the long-term mining that has occurred. Ultimately, there might be an increase in waterfowl due to the open ponds, however, the landowner would prefer that this did not occur because of the potential for illegal hunting and tres- pass. The 1 andowner does not i nter.d a beneficial use to occur from the existence of the ponds. It is hoped that the Barbour Ponds tg the north of the area will continue to provide sport . hunting and water fowl habitat. Due to the on going mining operations, seasonal wildlife use 1 is not expected to change. The existing mining has been 1 occurring long enough so that any prior-to-mining seasonal use L has long since been disrupted. . , t The return of rodent populations after mining is rot :expected to be significant due to the loss of their habitat. Some rodents may move into the reclaimed areas around the pond shorelines. If this were to happen, then bird populations could also be expected L. to have a marginal increase, especially those that prey an the smaller rodents. Deer populations, large earnivor populations, and populations of the larger rodentia, beaver, nutria, etc. , are not anticipated to increase. I , H 'gE C Q I S I 1 =c3 r- n T" 3 D NI The soils that occur on this nearly level landscape are generally deep, greater that 60 inches, and formed in Recent alluvium. Sheet 4 of 4 is a soils map of the proposed permit area delineating the major soils by taxonomic unit and by identi- fied soil series. The indicated soils are underlain by gravels. The gravels average between 12 and 15 feet deep throughout the mining area. The deepest is located in the north permit area and shallowest near the southern boundary. The soil most plentiful in the permit area is the Bankard sandy loam. This deep somewhat excessively drained soil has a grayish brown sandy loam sur-ace about four inches thick. The underlying material in the permit area is stratified sand and gravel available water capacity is low_ permability is rapid and surface runoff and erosion hazard are both low. The other two dominate mapping units are the soils of the taxonomic units of Aquolls and Aquents. and Acuolls and Aquepts. both of these taxonomic units have formed over gravels and are deep (greater than 40 inches) poorly drained soils with loamy or clayey surfaces and underlying horizons. There generally is little pedogenic development between the surface and subsoil , therefore negating the need for "topsoil " separation. The com- plete solum of these soils can be considered "topsoil " or a better term would be plant-growth medium. These soils have dark colored solums which is suggestive cf • relatively high organic matter content which is expected consid- ering their formation process. Generally, the profiles are mottled, indicating seasonably high water tables. The water tables can be expected to be rear the surface in the spring and four feet or more below the surface in the late fail . Soils in the permit area have surface horizons between 4 and 24 inches thick that are considered suitable as p? ant-gr-ot►;th medium. Mixing the surfaces of these soils should not cause adverse problems and if anything would enhance surface textures_ structure, and other physical and chemical properties. 4a tO I — I-1 ( -Ex I-4IEz �-- ,3 V E E` P i T cif 13`q i=G r i -r 1 L i`+i • Eeneral ly, the vegetation communities follow the soil boundary (Sheet 4 of 4) . Existing vegetation types are: Salt grass Distichlis stricta Fox to b barley Herdeum jubatum Bottlebush squirreltail Sitanion hystrix Western wheatgrass r;gropyson smithii Blue grama aouteloua gracilis Switchgrass Parr urn sir gatum Annual brome Bromus .marginatus 9` Wooly Indian wheat PI antago patagon i ca Canada thistle C i rsi um arc' 'nse Prickly soppy . rgemone hispida Baltic rush Juncos app. Cat-©-Nine tails Typha 1 at1 fol i s Prickly pear cactus •0puntia app. Dandelion Tara.�a�_cta o f fi c i,al e li Mustard Brassica spp. Bindweed Convolvalus ar'r.sis Wild carrot Daucus carota On the permit area, two cottonwood trees occur near what will . be the plant site. One of these trees appears diseased and its longevity is in question_ Tl-�e ground cover is estimated to be �5 to 45X in t:he Bankard sand•v lca;a soil-:napping unit when overgrazing and ether distur- bance has not occurred. Eenerall ?�, wiyhir this soil Unit the following native grasses care be expected to have occurred: Switchgrass ?an i r_'um v i r`1 at Ini.::ngrass �� . -tnutans r.�m Sand bl•.iestem - Pndropcgon hall ii Sand-reed/grass Cal ascvi l fa long; fcl is Sideoats grama Boutelvcia clrtlpendul3 Needle-and-thread f Stipa _omata Blue grama Bouteicua gracilis The estimated ground cover over the other mapping units, and 4, (Sheet 4 of 4) is about 55 to 65%. The ircrease in ground ILcover over the Ban k and sandy loam (soil mapping unit .symbol 10 Cl: Sheet 4 of 4) is due to subirrigation and a general ircrease in mesic vegetation types_. The fol :owino native vegetative types L are expected to occur under undisturbed non-overgrazed conditions: [: . 3-1 Alkali sacatan Sporohoi of airoide.c • Prairie cordgrass Spartina prctinata Saltgrass Distichi z_ s tri=ta Western wheatgrass Agropyron sr,ithi i Big bluestem Andropogon Berardi During reclamation, a select mixture of the above listed species for all soil units would be best suited to the resultant reclaimed site It would not seem practical to segregate the plant-growth mediums that will result from stripping the surface soils of the three recognized soil mapping units, since the areas to be reclaimed will have seasonably high water tables. This will be true even when associated with any berms that may surround ponds. For this reason, a mixture of species common to the Bankard sandy loam and the other two soil mapping units would stand the greatest probability of successful revegetation. Because there is little topsoil available from the Bankard series, it seems that the mixing of surface soils from the three Il soil units on the permit area would be expected. Therefore. it would seem reasonable to assume a ground cover after re=lamation of between 45 and 55;'.. The lower percentage of ground cover ifrom the 55 to 65 estimated for the non-Bankard soil ) is expected due to the anticipated difference in soil textures on mixing and in accounting for drier sites on berms and upper shore • lines. Anticipated yields on the current site has been estimated to be 2, 000 .lbs. /acre on air-dry weight basis. Agricultural crops such as corn, alfalfa, grasses, beets_. 1=' etc. , have been common to the site. The evapotransportation from these crops could have resulted in high consumptive uses of water since ground-water is close to the surface dur_ng some of the growing season. Some of these crops._ corn and beets, would have been irrigated. Crops like alfalfa and grass would have been less likely to be irrigated, but due to their deed rooting nature, water consumption could have been quite high.FI- Ii Ill J-C 12 r 3 I :re g- The climatology data recorded at the Longmont 2 ESE weather station indicates the average annual precipitation at the site is approximately 12.6 inches per year and the annual mean temperature is approximately 49 degrees Farenheit. The evaporation rate for this area is about 40 inches per Year based on the Department or the Interior' s information circular 8755. Average Monthly Total Temperature Precipitation January 27. 4 .34 February 3_. 4 . 43 March 35. 7 . 96 April -6.7 _ . 2b May 57.2 �. June 65.6 1 . 76 I July 72. n 1 . 13 August 69_° 1 . 12 September 61 . 1 1 . 16 October 50.3 . 98 November 37.2 _52 December 30.2 . . -_ [ Mean/Total 48. 7 12. 59 I. L CF. t: -1 ackfil _ing Shoreline 1500 Lineal Feet (Max ) 0. 32.00/ft. 3 3000. 00 Topsoil ng Shoreline 1500 Lineal Feet (Max ) 2 acres .a 3:-,00/acre 1C00.00 Seeding & Mulching Shoreline 2 acres !a $400/acre 800. 00 Plant Site Clean-up Scarifying 5 acres @ 3500/acre 2500.00 Tepsoi l i ng 5 acres !d 3600/acre '000. 00 Seeding S acres @ S400/acre 2000. 0n 75,D0. 00 TOTAL l iL $12500.00 RECOMMENDED BOND 312500.00 4. . L L 1 L-1 f:. 'sy EC 3 s I T P-1 a_ t=i _ 0IC" ;'.J? i! 9T AF F•Pe.0Wr=.!__ • Local government approval will be provided when available. Approval is expected prior to the Colorado Mined Land Reclamation Division meeting. V I I L es IL I ri- • .4 E < ?C 3—I I EtI r 3 I1T1--4 D I Mined Land Reclamation Board Permit for Limited Impact 79-83 Mined Land Reclamation Board Permit for Limited Impact 79-33L Andesi to -Cluarry NF'DES Permit No. 00=0456 (Colorado) Mired Lars! Reclamation -Board Permit for Regular Operation 77-141 I L f . . L I- LL N nt S lJECE -CIF LEGAL I SHT lr E14iT F� The operator has the legal right to tenter this pit as i-ndicated by the following certification. I certify that An-desi to Rock Company -operating the Del Camino Pit has the legal right to enter and • sand and gravel on the property described in this applicati Signed and sworn to me this U day of 10-4-c--. �y 19 b 3 . Date Notary Public zAiNik of TOrsliftiti6 ! . 12601�WEST 32:' My commission expires . �,T C7.1 .L • L 1 1 r...t 0-1 ( X I :Et' 3 e i= Weld county Tax Asse.ss r' Parcel No. Name and address 25063C Distribution Holdings, Inc. 1901 Bell Avenue Des Moines, Iowa S� 310 25063F Elmer and Ll ar.a Moore 7101 Highway 119 Longmont, Colorado 80E01 25060A Bate of Colorado Division of Par=-:s ?. Pee-cation 1713 Sher-m, :- _- eo Denver, Colorado Sc 2O3 '75'}60 Bacon, Clara A. , Gerald s,_ E. Kathleen & Schindler. Joan Bacon 11994 Weld Count-/ Road 7 Longmont, Colorado 30501 If25067B Ivan. W. & Marl v=s L. Gasnai l 11483 W d County load 7 Longmont, Colorado 8OE01 .246? Ham-n, Katherine C. , Ca.rd_yr -Alice r fo Richard Ha:r:n 239 .'_'rd i venLtc Lon=mor-,t. Colorado S 501 �._ '75067A Hamm. RY chard E. & Fenton, Katherine 1239 3rd avenue Longmont, Colorado F� 501 CCU,�v Rose H'a Nor, ,707 Hi ghw.=.y 113 9 Lorg,rort. Colorado 80-01 w5. 1 _ Edson, jack & Marjorie -45S C-roe^:voc�+ Lane Longmont, Colorado ^0501 t. 7'-1 t4 1 { 25112 Camen±sch, David E. & -Gloria F. Route 4 Longmont, Colorado E0501 Weld County 915 10th Strset Greeley, Colorado 20631 25033 Eva Rademacher 3525 Highway 11® Longmont, Colorado 80501 $ I I [ | L El [ 2 q . • � \ ( REFERRAL LIST APPLICANT: Andesite Rock Company CASE NUMBER: USR 615 SENT REFERRALS OUT: 2-10-84 REFERRALS TO BE RECEIVED BY 2-23-84 m z z z 0 z Ho < z o HH I q z 0 < w 2 1-1 ¢ z k7,1 e7, -D H O O U O W H 0 ti/ W U 0 U O SW z Al CO a Z o a W 0 Z La x z ---- County Attorney (plat only) Bob Morris, Northern Regional --r Manager for Field Services Weld County Health Department Division of Parks & Outdoor X Recreation V/ X Engineering Department 1720 West Mulberry Suite B-10 County Extension Agent Ft. Collins, CO 80521 Colorado Geological Survey Don Bogart, Wildlife Biologist 1313 Sherman Street Colorado Division of Wildlife Room 703 Northeast Region Denver, Colorado 80203 317 West Prospect Ft. Collins, CO 80536 / X I Ralph J. Miller, Chief #484-2836 Regulatory Functions Branch Omaha Dist. Corps of Engineers Water Users Association of 6014 U.S. Post Office & Ct.House District #6 Omaha, Nebraska 68102 c/o Wallace Grant (402)221-3056 Box 978 State Engineer Longmont, CO 80501 Division of Water Resources #776-9900 1313 Sherman St. , Room 818 Denver, Colorado 80203 Louis J. Rademacher Weld County Planning Commissior / State Highway Department 13184 Weld County Road 13 . / x 1420 2nd Street Longmont, CO 80501 VV Greeley, Colorado 80631 Kathryn Dolan,Eng. T ch. William R. Emerson, Capt. Colorado Department oY� Health / Longmont Fire Protection Dist. Water Quality Control Division 10/1 9119 County Line Road 4210 East 11th Avenue Longmont, CO 80501 Denver, Colorado 80220 #772-0710 Ed Holmbers, Chief-Developmental Services Division of Parks & Outdoor Recreation Jeff DivisionL. Bogner 1313 Sherman Street, Rm. 618 Panhandle Eastern Pipe Line Co. Denver, CO 80203 Box 127 866-3437 Brighton, CO 80601 #659-5922 PACE 2 \ REFERRAL LIST APPLICANT: Andesite Rock Company CASE NUMBER: USR 615 2-10=84 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY 2-23-84 m z z m o m H H C7 z H H 6 m O H W W H 2 O [Eah" [�6�y Z rc H {P. P7 H ?.' W "4 W kmz�� O U o p O P U 0 U O a z m z z 04 a 0 z County Attorney (plat only) 7 Weld County Health Department Longmont Soil Conservation Service 9595 Nelson Road Engineering Department Box D Longmont, CO 80501 —' County Extension Agent #776-4034 Colorado Geological Survey Rural Ditch Company 1313 Sherman Street c/o David Camenisch, Pres. Room 703 3598 State Highway 119 Denver, Colorado 80203 Longmont, CO 80501 #776-2968 Ron Ochlkers 1921 Cambridge Drive Longmont, CO 80501 #772-1262 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 , Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 T op. dritSa , DEPARTMENT OF THE ARMY n' OMAHA DISTRICT CORPS OF ENGINEERS o 'pr 6014 U.S. Post Office and Courthouse Omaha, Nebraska 68102 a " REPLY TO February 17, 1984 ATTENTION OF: Permits Branch PO Box 5, Omaha, NE 68101 1' • Hr 19e1 ; �l Mr. Michael S. Mullen Wad co. Weld County Department of Planning Services la amoR •.,nmr,;or, 915 10th Street Greeley, Colorado 80631 Dear Mr. Mullen: Reference is made to your letter informing this office of the pro- posed mining operation for Andesite Rock Company located in Section Township 2 North, Range 68 West, Weld County, Colorado. If the proposed project requires the placement of fill material (permanent or temporary) into a waterway, natural lake, or wetland, a permit pursuant to Section 404 of the Clean Water Act will be re- quired. After reviewing the enclosed information it appears that the pro- posed channel change for Idaho Creek may require the placement of fill material into the channel. Based on the description of the soil, water regime and plant lists it appears that wetlands are likely to exist over portions of the project site. In order for this office to make a correct determination concerning permit requirements for the project it is re- quested that you submit a final set of project plans. The plans should include detailed plan and section view drawings of the proposed channel change, the location and quantity of fill material, if any, to be placed in the channel or wetland areas. If you have any questions contact this office or telephone Mr. Rick Osborn of my staff at (402) 221-5056 and reference permit inquiry No. CO 2SB OXT 2 006104. Sincerely, a Ralph J. Miller Chief, Regulatory Branch Operations Division (- FIELD CHECK FILING NUMBER: USR 615 DATE OF INSPECTION: NAME: Andesite Rock Company REQUEST: Use By Special Review Permit for Expansion of Open Cut Wet Gravel Pit LEGAL DESCRIPTION: W2, NW4, SE4, and Pt. N2, SW4, Sec. 3, T2N, R68W of 6th P.M. LAND USE: E { f S w ZONING: N LOCATION: Approx. 3.5 mi. NW of Firestone; E N of State Highway 119 and E of WCR 7 w COMMENTS: / 1?7t�V 2 BY-1 .cam STATE OF COLORADO DIVISION OF HIGHWAYS Jti j.. P.O. Box 850 fjarS% Greeley, Colorado 80632-0850 €18 (303) 353-1232 ��'Pg February 22, 1984 Weld County Off System Andesite Rock Co Spec. Rev. Permi 1 Mi. W. of I-25 & a Mi . N. of SH 119 DOH FILE 45100 Mr. Michael S. Mullen Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Mullen: We have reviewed the Andesite Rock Company application for an expansion of an open-cut wet gravel pit. Based on the information provided in the application, approximately 40 trucks per day can be expected during maximum operation. This amount of traffic would not warrant turn lanes at the intersection of State Highway 119 and Weld County Road 7. To prevent undue deterioration of the highway, all gravel trucks must operate within legal load limits. Thank you for the opportunity to review this application. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER Li ) , q , 22,7 W. F. Reisbec " District Preconstruction Engineer WFR:da • ; cc: A. Chotvacs ' d 1; ,• \ � � 1 i n D. Yost t II Area Foreman i 2 1984 File: Crier-Jacobson w/encl . Weld Co. Plannm& Commission RICHARD D LAMM Governor iti p JERIS A DANIELSON 2143}) State Engineer * ,87� OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 I, _' Denver, Colorado 80203 (303) 866-3581 I)� - I! I February 28, 1984 !III I"r[!d Ca. PI2,na ::° CPL:,7,j GI'. Mr. Michael S. Mullen Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Andesite Rock Company, Del Camino Pit, USR-615:84:11 Dear Mr. Mullen: As requested, we have reviewed the above referenced application for a gravel pit expansion in Section 3, T2N, R68W. Ponds presently exist in the area to be permitted. The proposed mining will create additional pond surface area. We believe the pond, when reclaimed, will be used by the fish and wild- life that the application indicates exist in the area. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in CRS 1973, 37-92-103, as putting the water to beneficial use. Since the source of water for the expanded pond area that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to increas- ing the water surface area of the gravel pit. Otherwise, Andesite will be in violation of CRS 1973, 37-90-137. Since the gravel pit is located in an over-appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. The correct procedure to obtain a well permit is as follows. Andesite should first file for a well permit with this office. The well permit will be denied since the proposed gravel pit is located in the over-appropriated South Platte River basin. Before receiving this denial, Andesite could submit a plan for augmentation to the Water Court. The augmentation plan should replace the out-of-priority consumptive use associated with lake evaporation and any other out-of-priority consumptive uses. Upon the court 's approval of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. Mr. Michael S. Mullen Page 2 February 28, 1984 The application states that the landowner does not intend a beneficial use to occur from the existence of the ponds. Should Andesite concur and be able to show there is not a beneficial use of the pit water, the evaporation from the additional pond surface area created by mining would be considered a wasteful use of the ground water. Senior water right holders are rightfully entitled to this water. If there was a wasteful use of water, our Division Engineer would order Andesite to cease operations in compliance with CRS 1973, 37-92-502(2) . The application states that water from the Rural Irrigation Ditch will be used for make-up water for dust suppression and wash water. Andesite cannot use water from this ditch for industrial purposes or as replacement water without approval from the Division 1 Water Court in a change of use proceed- ing. We will review any change of use application or augmentation plan in detail when it is filed in the Water Court. The water rights the landowner owns could potentially form the basis of the required augmentation plan dis- cussed in the third paragraph of this letter. The application indicates that two wells exist within 100 feet of the permit area. One well is 180 feet deep. The other well is only 21 feet deep. The applicant states that any reduction of well yield will be replaced by Andesite with water from the pit. As was discussed above, water cannot be used from the pit without a well permit, even for replacement purposes. Andesite must find a legal source of water for this replacement. We are also concerned that the other wells the application indicates exist in the area might be affected by dewatering. A monitoring system could be set to provide data should any disputes occur over injury. The monitoring system should be set up before mining begins. The application also discusses the realignment of Idaho Creek. Has Andesite contacted the Corps of Engineers concerning realignment? The appli- cation further states that the creek will be allowed to run into the pond. Where does the creek presently run? We would object to any change in the present system which could potentially injure senior water rights. In sung ary, we cannot reco:nur,end approval of this application until the issues discussed in this letter are addressed. Further, we will order Anoe- site to cease operations if our Water Ciaiissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sincerely, • • -Richard L. Stenzel , P.E Chief, Water Management Branch For: Hal D. Simpson, P.E. Assistant State Engineer 1 IDS/JI(H:ma cc: Jim Clark, Div. Eng. Ofr if too° Iree viuCrar �3f13IsvI 13 EX 1- LE 01510 TRSTREET 6RF.ELEY,COLORADO 8063' ti $ k ®. CASE NUMBER USR-615:84:11 a COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Andesite Rock Company for a Use by Special Review Permit for a Expansion of an Open-Cut Wet Gravel Pit Mining Operation The parcel of land is described as Wi NWT SEA and part of the Ni Sw4, Section 3, T2N, R68W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is approximately 3.5 -miles northwest of Firestone; north of State Highway 119 and east of. Weld County Road 7 This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by February 23, 1984 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests . 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. XISTuJ&, A-ccecs o ,ucY TJ STAT-6 WA1`r Ilq Signed � Agency -1 .; 1 to , /Lir fy �� • 1 ,1 190 # Michael S. Mullen, Current Planner Weld Co. Planning Commission MSM:rj g USR 615 MAILING LIST ANDESITE ROCK COMPANY Surrounding Property Owners Distribution Holdings, Inc. Eva Rademacher 1901 Bell Ave. 3525 Highway 119 Des Moines, IA 50315 Longmont, CO 80501 Elmer and Clara Moore 3101 Highway 119 Longmont, CO 80501 State of Colorado Division of Parks & Recreation 1313 Sherman Street Denver, CO 80203 Clara A. Bacon Gerald L. Bacon Kathleen Bacon Joan Bacon Schindler //751 '4 Weld County Road 7 Longmont, CO 80501 Ivan and Marlys Gosnell 11488 Weld County Road 7 Longmont, CO 80501 Katherine and Carolyn Hamm c/o Richard Hamm 1239 3rd Avenue Longmont, CO 80501 Richard Hamm Katherine Fenton 1239 3rd Avenue Longmont, CO 80501 Rosie Heaton 2702 Highway 119 Longmont, CO 80501 Jack and Marjorie Edson 458 Greenwood Lane Longmont, CO 80501 David and Gloria Camenisch 4 tct :s9v �/77 Longmont, CO 80501 (, MINERAL AND/BR SUBSURFACE RIGHTS Eva Rademacher owns all the mineral and/or subsurface rights to Subject Property Andesite Rock Company's Del Camino Pit. Hello