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OQ :I; I F Sl riga I' I \ a �1 00 : I ti 1 o IE Q. —1 ` „,,,, o ,... r a • — - . .91...1.88., o —I a 0 oI,0o', '• it 0 , I n tic, p 8 11 Ib y ,q hti a F` Q I V ,N r` C i, a a. re Ci Y x z 2 N, a- ,.,, 1� ��••ee:( am 'y - .. ... . .µ3[t %a, RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR OPEN-CUT WET SAND AND GRAVEL PIT - SIEGRIST CONSTRUCTION COMPANY 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 hearing on the 12th day of September, 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 Siegrist Construction Company, c/o Keith A. Farrer, 7000 York Street, Denver, CO 80229 , for a Use by Special Review for open-cut wet sand and gravel pit on the following described real estate, to-wit: Part of Section 2 , 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 re- quest of the applicant and the recommendations of the Weld County Planning 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 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 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 Extraction Plan states that extraction shall be en- couraged 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) . 840681 Page 2 RE: USR - SIEGRIST CONSTRUCTION COMPANY b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use noes not interfere with other agricultural activities in the area or the County and as a Use by Special -Review the activity can take in the district. c. The activities proposed will be compatible with exist- ing agricultural and commercial uses in the neigh- borhood, as well as with projected development in the future. d. A portion of the subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. e. Use by Special Review Operation and Design Standards -provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado, that the application for a Use by Special Review for open-cut wet sand and gravel pit on the here- inabove 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 . The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special -Review plat has been delivered to the Department of Plan- ning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . -The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to i-ssue permits for mining and reclamation activites . 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 . The applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Engi- neering Department . The agreement shall mitigate impacts on county roads by the gravel mining operation' s truck traffic. Page 3 RE: USR - SIEGRIST CONSTRUCTION COMPANY 5. She applicant shall submit evidence of compliance with Section 44. 4 . 10, Insurance, to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D. , 1984 . ` _BOARD OF COUNTY COMMISSIONERS ATTEST n.11 WELD COUNTY, r�OJLORADO Weld County Clerk and Recorder d:Css-- and Clerk to the Board Norman Carlson, Chairman De uty County C rk Jacque ne JQh son, Pro-Tem APPROVED AS TO FORM: Ave ene R. Brantner �� a EXCUSED County Attor ey Chuck Carlson �/!J-11.42 L/ / ))7f/t-Gffl n T. Martin OPERATION STANDARDS U.S.R. - 527:84:23 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 as listed in the Weld County Zoning Ordinance. 3. Vehicular traffic shall be limited to two (2) -points of ingress and egress from Weld County Road 24 and Weld County Road 242, west to Interstate 25 frontage road And State Highway 119. The second entrance and haul route shall be Weld County Road 242 west to Interstate 25 frontage road. 4. 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. Prior to extraction of Sand and Gravel, a copy of the well permit application as _required by _current law shall be forwarded to the Department of Planning Services. 5. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard -Regulations including: -1. NO fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. following completion of mining, all temporary buildings shall be removed. 6. 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. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.5 at seq. , of the Weld -County Zoning Ordinance. 8. 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. 9. she 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 tiled in the office of the Department of Planning Services. 10. '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. 84-57 RE: USE BY SPECIAL REVIEW, OPEN-CUT WET SAND AND GRAVEL PIT, SIEGRIST CON- STRUCTION COMPANY A public hearing was conducted on September 12 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Ten Commissioner Gene Brantner Commissioner Chuck Carlson- Excused Commissioner John Martin Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce Rarker Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated August 27, 1984, and duly pub- lished in the La Salle Leader en August 30, 1984, a public hearing was conducted to consider the application of Siegrist Contruction Company for a Use by Special Review for an open-cut wet sand and gravel pit. Bruce Barker, Assistant County Attorney, read this application into the record. Rod Allison, Planning Depart- ment representative, read the favorable recommendation of the Planning Commis- sion into the record, stating that Conditions 4 and 5 have been met. Mr. Allison also read the eleven recommended Operation Standards into the record. Vern Nelson, -Registered Engineer, came forward to represent Siegrist Construction Company. He requested that Operation Standard -#4 be amended by the insertion of the words, "application as required by current law" after the word "permit". He also requested that Operation Standard #6, requiring that sand and gravel stock piles be located along the east boundary of the area, be deleted, Dis- cussion was held concerning the requested changes of the Operation Standards. (Tape change #84-82) Commissioner Johnson moved to approve the Use by Special Review requested by Siegrist Contruction Company with the Operation Standards amended as requested by Mr. Nelson. Commissioner Martin seconded the motion which then carried by a unanimous vote. APPROVED: AL1'LST: ,1@nd �tU/�@AZG11 BOARD OF COUNTY COMMISSIONERS V/i WELD COUNTY, COLORADO • Weld County Clerk and Recorder .y _ ( 44—_ and Clerk to the Boar Norman Carlson, Chairman 4 l 4 1 D putt' County Cl rk6 c� e 'ne`Jo s , Pro-Ten /i Gene R. Br ea r EXCUSED Chuck Carlson ) J T. Martin TAPES #84-81 & 84-82 DOCKET #84-57 LHR 2116 ATTENDANCE RECORD DATE: September 12 , 1984 TODAY ' S HEARINGS ARE AS FOLLOWS: Docket #84-57 - USR, Open-cut wet sand & gravel pit, Siegrist Construction Co. Docket #84-58 - USR, Non-conforming use, Douglas & Karen Greer 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 /d ADDRESS HEARING ATTENDING 0 ye5)410"N - CS Z CI ‘A,IB ays, ,- --urCir Lyle _ l' 9 '7 �,c /c ,1�r c1 b�O;z2I �, ran =s % 7-7,—"),„ •1 Y •4� 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, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are reauested 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. APPLICANT DOCKET NO. 84-57 Siegrist Construction Company c/o Keith A. Farrer 7000 York Street Denver, Colorado 80229 DATE: September 12 , 1984 TIME: 2 : 00 P .M. REQUEST: Use by Special Review - Open-cut wet sand and gravel pit LEGAL DESCRIPTION : Part of Section 2 , 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 DATED: August 27 , 1984 PUBLISHED: August 30 , 1984 , in the La Salle Leader C Affidavit of Publication S:A= OF CCLORADO. 1 sa County al Weld. 1 LEGAL NOTICE NOTICE L Paul Massey of Pare atof e the omens taws of loreds-and the tilt said County at Weld. being duly sworn. say that Countytem Ouklk l am pubianet al bars of aessa gels in e. Cham- Commissleflfl ei.Wild elmiy La Salle Leader Ceiter,t WNa�EldY �i • Center, •915 IN&StteitiFirst Floor, that the same is a weekly newspaper of general Grie1W, Calera*. et the time csoulwon cad printed and published in the **sifted.*aInterestedAll persona in any La Salle SIMMSmaner Revenue reerthe Use by town of attend and May request m .. Y bd'Reartl. to said county and state: that the notice or adver lisement. of which the annexed is a ins. copy. BE IT ALSO KNOWN that the text and mars so crllffed by the Weld !t# one proecslfve be has been published in said weekly newspaper Cowry Panning Commission mtha Mantitned In 1M office r y Clerk to tee seam of e Weld week: that the notice was published in the Cornrnlyetoners,located In me Weld ly County ial Canter,915 lam regular and emir* issue of every number of said Street,Third Ploar(_Oreeley, Colo- rado. newspaper during tba period and time of publi- cation of said notice and in the newspaper DOCKET NO.M-S7. . proper and not in a supplement'thereof: 3ial the - APPLICANT first publication at said notice was contmri•d inSieerist Construction Company the issue of said, newspaper bearing date. thy c/o Keith A.Ferrer 0 S August fj Denver,i00IYork Colorado Street�� day di Az_ 19� and the last pub titian thercal. in I�{� wee of DATE:September It 191 said newspaper beurmg date, ptth��e' �✓ day et TIME: 2:00 P.M. August . 19k: that the said REQUEST: Use b y. -Opest.cut wet sand Special i and gravel pit La Salle Leader LEGAL DESCRIPTION has been published continuously and uninternipt•• Pert of Section!,Township North, ediy during the period of at least fifty-two eon- Range C SO Wttthe 010 P.M. Purim • Rau noun?. weeks nest prior to the first issue thereof bane ring said notice or advertisement above .- BOARDOFCOUNTY referred to and that said newspaper was at the WELD CouOM COMMISSIONERS j time of each of the publications of said notice. I duly qualified for that purpose within the mean. at:MARY ANN PEUERSTEIN• COUNTY CLERK APO ing of an act entitled. "An Act Cancerninic Legal COUNTY TO Notices. Advertisements and Publications. and THE BOARD the Fees at Printers and Publishers thereof, and BY:Miry use,Deputy to Repeal all Acts and Parts of Acte in Conflict with the Provisions of this Ant." approved April 7. DATE• AIMS D, WM 1921. and all amendments thereof. and panto. ►eDffuuee le the take*laser lady as amended by an CT} approved. March 33. ne sRae.As,a NBL 19.. act a:praved May 1 . 1931. ?ub r Subscribed end s'-"or n tp before me this day fof r 1(. .t". �A..D.� 19iZZ My commncu:n expires L"AA��'r, --- Notary Public AFFIDAVIT OF PUBLICATION 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 NOTICE the City of Longmont, County of Boulder, State of Colorado, Pursuant to the zoning laws of the State of Colora- do end the Weld County Zoning Ordinance,a public and which has general circulation therein and in parts of Boulder hearing will be held In the Chambers of The Board of County Commissioners of Weld County,Colora- and Weld Counties; that said newspaper has been continuously do. Weld County Centennial Center, 915 10th Street.First Floor,Greeley,Colorado,at the time' and uninterruptedly published for a period of more than six months specified.All persons In any manner Interested in the Use by Special Review are requested to attend next prior to the first publication of the annexed legal notice and may be heard. of advertisement, that said newspaper has been admitted to the BE IT ALSO KNOWN that the text and maps so cer- tified by the Wetd County Planning:Commission United States mails as second-class matter under the provisions mat be examined In the office of the Clerk to the Board of County Commissioners, located In the Coun of the Act of March 3, 1879, or any amendments thereof, and WTheldd Floor.Graentte nialCol Center, 915 10th Street, that said newspaper is a daily newspaper duly qualified for publishing DOCKET NO.04-57 APPLICANT legal notices and advertisements within the meaning of the laws Slegrlst Construction-Company cro Keith A.Farrer of the State of Colorado; that copies of each number of said 7000 York Street Denver.Colorado 80229 newspaper, in which said notice or advertisement was published, DATE September 12.1984 TIME:2:00 P.M. were transmitted by mail or carrier to each of the subscribers REQUEST:Use by Special Review—Open-cut wet of said newspaper, according to the accustomed mode of business LEGAL DEravel SCRIPpit TION: Pan of Section 2, Township 2 North, Range 88 in this office. Part of the 6th P.M.,Weld County,Colorado That the annexed legal notice or advertisement was published - BOARDOFCOUNTYCOMMISSIONERS WELD COUNTY.COLORADO BY:MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER in the regular and entire editions of said daily newspaper r)t< teAll . AND CLERK TO THE BOARD BY:Mary Rein,Deputy, DATED:August 27.1984 kw*xi:rAkx 9t Ran 1(in tfXclg y(Wk for the period of 1 qua ped in g the Daily Times-Call,Longmont.Colo. consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated August 29 19....8.4..., and that the last publication of said notice was in the issue of said newspaper dated�.../�.U�.U.S.t..,2� 19 84.... Assistant Business Manager Subscribed and sworn to before me this 29th day of August 19 84 , f ! Gtl� . Noiary P is FEE $...1.3...2.8 ,.�^ ttc Co i n) Yung, 1-1300-02 BEFORE THE WELD _COUNTY, COLORADO PLANNING COMMISSION 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: w�io r,^" " CASE NUMBER: U.S.R. -636:84:32 n NAME: Siegrist Construction Co. : c/o Keith A. Farrar AUG 2 2 1984 ADDRESS: 7000 York St. , Denver CO 80229 GREELEY. COLO. REQUEST: A U.S.R. for an open-cut wet-sand and gravel pit LEGAL DESCRIPTION: Pt. Section 2, T2N, R68W of the 6th P.M.. , Weld County, Colorado LOCATION: Approximately 2.5 miles northwest of Firestone, north and adjacent to WCR 24 and east of I-25 frontage road. be recommended favorably to the Board of County Commissioners for the following reasons: THE WELD COUNTY PLANNING COMMISSION 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 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 Agri-cultural Zane Ristri-et zn 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; USR-636 84-29 Siegrist Construction. Company: c/o Keith A. Farrar A Use by Special Review permit for an Open-cut Wet—sand and gravel pit Part of the NWT and SW14 and SE', Section 2, T2N, R68W of the 6th -p.m. , Weld County, Colorado June 19, 1984 Page 2 - The activities proposed will be compatible with existing agricultural and commercial uses in the neighborhood, as well as with projected development in the future; - A portion of the subject sits is in a -Flood Hazard Overlay -District area. Operation 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 Planning Commission recommendation for approval As conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review flat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or -electrical -permits be issued an the subject -property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld _County Clerk and Recorder. 3. The following note being placed on the Use by Special Review -Hermit 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. Prior to the Board of County Commissioner's hearing, the applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Engineering Department. the agreement shall mitigate impacts on county roads by the gravel mining -operation's truck traffic. 5. Prior to the Board of County Commissioner's hearing, the applicant shall submit -evidence of compliance with section 44.-4. 1O, Insurance, to the Department of -Planning Services. USR-636-84-29 Siegrist Construction Company: c/o Keith A. Farrar A Use by Special Review-permit for an Open-cut Web-sand and gravel pit Part of the NW1 and SW14 and SEA, Section 2, T2N, R6d3W of the 6th p.m. , Weld County, Colorado June 19, 1984 Page 3 Motion -seconded by: Louis Rademacher Vote: For Passage Against Passage Paulette Weaver Doug Graff Lydia iDunbar Sharon Linhart Bill McMurray Louis Rademacher Bob Ehrlich The Lhairman declared the Resolution -passed -and ordered that a certified copy be forwarded -with the file of this case to the Board of County Commissioner-s for further -proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on June 19, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 20th -day of June, 1984. 7 o z.A Secretary OPERATION STANDARDS U.S.R. - 627:84:23 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 as listed in the Weld County Zoning Ordinance. 3. Vehicular traffic shall be limited to two (2) points of ingress and egress from Weld County Road 24 and Weld County Road 241, west to Interstate 25 frontage road and State Highway 119. The second entrance and haul route shall be Weld County Road 241 west to Interstate 25 frontage road. 4. 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. Prior to extraction of Sand and Gravel, a copy of the well permit/shall be forwarded to the Department of Planning Services. AveIz« 4(,...- „a, rat u" 4 h7 cLArrc,let 4- Iuu, 5. -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 floodplain which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any ether 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. All sand and gravel stock piles shall be located along the east boundary _ c�i of the subject Use by Special Review area in order to reduce impacts on � ' lc` the Del Camino service area and vehicular traffic using Interstate 25. „fix ? �6.r--1 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 fie 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 mf the Department of Planning Services. 11. The property £wner 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. Additional Comments U.S.R. -627:84:23 1. The Department of Planning Services Staff did not receive a response from the Rural Ditch or Last Chance Ditch Companies. The Planning staff recommends that the applicant coordinate with the managers of these ditches to insure that the ditches are protected from injury. Operation policy 44.4.1 in the Zoning Ordinance prohibits sand and gravel excavation or processing within ten (10) feet of an irrigation ditch easement. 2. The applicant should contact any owners of wells near the gravel mining operation and propose a monitoring system to insure that the wells are not affected or provide evidence should -any injury claims occur. 3. The _Planning _Staff has -not received any objections to this proposal from surrounding property owners. June 12, 1984 Weld County Dept. of Planning Services 915 10th St . Room 342 Greeley, Colorado 80631 Thomas C . Lynch DWM Colo . Div. of Wildlife 33 Weld Co. Road 17 Brighton, Colo . 80601 Re: Siegrist Construction Co . request for Sec . 2 T2NR68W . The project might possibly have a slight effect on a few pheasants . The pheasant population is very low in that -section, so the effect would be minimal . The increased water area in years to come will increase the waterfowl potentialfor the area. Rehabilitation of the site could increase the potential carrying capacity for pheasants as well. Effects on otter species 'of wildlife at the present would be light, at this time . Grass and tree plantings after the mining is completed would greatly improve this area for wildlife purposes . Barbour Ponds lie accross the Interstate and service road and should not to be affected very much. t cc . C . Leonard LAND USE APPLICATION SUMMARY SHEET June 8, 1984 CASE NUMBER: USR-636:84:22 NAME: Siegrist Construction Company, c/o Keith A. Farrar ADDRESS: 7000 York Street, Denver, Colorado 80229 REQUEST: A Use by Special Review Permit for an open-cut-wet sand and gravel pit LEGAL DESCRIPTION: Part of the NW' and SW1 and Se%, Section 2, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles northwest of Firestone; north and adjacent to Weld County Road 24 and east of the 1-25 frontage road SIZE OF PARCEL: 214 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM THE APPLICATION MATERIALS: The criteria for review is listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource 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 Mineral Resource Study, Volume II. The Wein County Engineering Department has concerns about impacts on Weld County Road 241 and 9-3/4. Operation Standards will address these concerns. The staff has not received referrals from the Rural and Last Chance Ditch Companies or the Division of Water Resources. Concerns about how the ditches will be impacted by the gravel operation, including the need for water augmentation will probably be issues. The Department of Planning Services has not received any objection from surrounding property owners. RA:rg FIELD CHECK FILING NUMBER: USR-636:84:32 DATE OF INSPECTION: June 7. 1984 NAME: Siegrist Construction Company REQUEST: A Use by Special -Review Permit for an -open-cut wet wand and gravel pit LEGAL DESCRIPTION: Part of Section 2, T2N, R68W of the 6th P.M. , Weld County, Colorado LAND USE: N A 359 Acre Gravel Pit (USR-489) E Weld County Road -9-3/4. Agricultura] -PX gluction S Weld County Road 24, Agricultural Production W I-25 Frontag- Road and Agricultural Production ZONING: N_q r4cultural LOCATION: Approximately 2.3 miles northwest E Agricultural of Firestone; north and adjacent to Weld County S Agricultural : gouthwa-st "c-9" Road 24; and east of I-25 frontage Road W "C-3" and Agricultural COMMENTS: There are three potential accesses to the proposal, _Interstate 25 Frontage Road: Weld County Road 24 and Weld County Road 9-3/4. Weld County Road 24-1/2 runs east and west across the proposal and intersects with I-25 Trontage and Weld -County Road -9-3/4. Weld County -Road 24 is a waved arterial. Weld County Road 19 _3/4 and 24-1/2 are gravel roads. The subject site is used as irrigated cropland. The balance of the property is planted in corn _crops. A set of farm improvements -exist north and adjacent to Weld County Road 24-1/2 within the subject site. Oil and gas production facilities exist south -of Weld County Road 24-1/2. The Rural Ditch runs through the subject property. The Last Chance Ditch runs across the northern boundary of the subject property. There are ditch laterals running parallel with the Amoco Service Road, the Rural Ditch, Weld County Road 24 and Weld County Road 24-1/2. The lateral running _parallel to Weld County Road 24-1/2 services only the subject property. The other laterals service other farm properties and should BY: /-2,79 [/Lda Rod Allison, Current Planner II USR-636:84:32 Siegrist Construction Company June 8, 1984 Page 2 remain in place. The Del Camino Service area is located north and south of _State Highway 119 on She west side of Interstate 25, approximately one-hundred (100) yards west and southwest of the subject site. There area set of farm improvements approximately 560 yards east of Weld County Road 9-3/4 and south of Weld -County Road 24. Northeast of the intersection of Weld County Road 24-1/2 and 9-3/4 there are five (5) homes within approximately SDD yards of She subject site. �17".:1\14. p / tY • q1 - i f : n • /'r"�k a/ G F. •i�c. vda� i5• .[�.1 • i. 1 i• •p 7.: nOr Y r• i j. .• pis '•� \ ' • Ypei •, ' :� • 6R ,, . I I \. " 1 in- f.„ i. ` II .z , p 2 • • r • �. ct g E90 _ • •WW f ppp ▪ , 11$ 5 T3N • . � ` ,p. r ,• •. '- - - T I xx I • ;� i MI 1 •E'•---) -� 1 y • II�" i q70• •4 n O.�� •z�t L n • G. • .� I x pTiEvLLE \� . •ass US 1/7 T a0 •loi Yr I•d °� •• J...o:,°� •O. p •r• G 3.0 11 • . 1 'fit P eso =• I p i' xe_ Sz, ✓ "1-f -z Tp.�.x " .. \-1 p. 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REFERRAL LIST APPLICANT: Siegrist Construction Co.c/o Keith A. Farrar CASE NUMBER: USR-636:84:32 SENT -REFERRALS OUT: May 24, 1984 REFERRALS TO BE RECEIVED BY June 7. 1984 Re4rrAl s Ne+ receivtl ley :rote -, 1 icy C0 C m z m o z 0 z r o H w 9 H Ncn U &) Z Z Uq 0 2 O gg p W p 44 0 0W o P. Z i a Z z m WM' z -in County Attorney (plat only) X Panhandle Eastern Pipeline Co. c/o Jeff L. Hogner Weld County Health Department P.O. Box 127 X XX Brighton, Colorado 80601 Engineering Department X XX Tri-Area Planning Commission — County Extension Agent ry. c/o Rebecca Marker P.O. Box 363 Frederick, Colorado 80530 Office of Emergency Management Sub Louis Rademacher rid/ c. € c< 13184 Weld County Road 13 Longmont, Colorado 80501 Colorado Division of Wildlife �/ c/o Don Bogart �( -Longmont Soil Conservation /� 317 West Prospect ,\ 9595 Nelson Road Fort Collins, CO 80536 P.O. Box D 484-2836 Longmont, Colorado 80501 State Engineer Longmont Fire Protection Dist. O xxDivision of Water Resources X _Chief Bierwiler 1313 Sherman St. , Room 818 -9119 County Line -Road Denver, Colorado 80203 Longmont, -Colorado 80501 State Highway Department Rural Ditch Company X }C{ 11420 2nd Street David Camenisch Greeley, Colorado 80631 3598 State Highway 119 -Longmont, Colorado 80501 Colorado Department of Health X Last -Chance Ditch Company R}C Water Quality Control Division 4210 East 11th Avenue fl Harold E. Nelson 11955 Weld County Road 15 Denver, Colorado 80220 Louguiont, Colorado 80501 Water Users Association of 0 District #6 c/o Wallace Grant 13.0. Box :978 -Longmont, Colorado 80501 776-9900 , 0- FI_LLD CIIECK FILING NUMBER: USR-636:84:32 DATE OF INSPECTION: NAME: Siegrist Construction Company c/o Keith A. Farrer REQUEST: A Use by special review permit for an open-cut wet sand and gravel pit _LEGAL DESCRIPTION: part of Section 2, 'P2N, R68W of the 6th -P.M. , Weld County, Colorado LAND USE: E S Q' 4L- nu </ 1NING: N i—./LLCGG7.6 - " LOCATION: approximately 2.5 miles northwest E_ �{ of Firestone; north and adjacent to State Hwy S ��. ,4.; 119 Frontage Road W - G-Ci/y�o�-� COMMENTS: 4 J G n . ",1 �G4Z �t11 - -C,p-rec2. ,-AALC�51 . L Q y-L'o _y{ � (/l�n C''1r1 J' .�i ' ' StDUCCt _ti e . %1 C' .�'G �L� �2-PIL"_ L rz- 4( c—/f itx.4-F �c-Cc ct -e4A.17 07U A-L- GL&Lt) Lv -Lo41-4 to 4. -rc.-4( L 00(filir , Planning Department WIIDc To Rod -Allison Date June 6, 1984 -COLORADO From Donald R. Carroll , Administrative Manager !UV Subject: Seigrist Construction Company - USR 636:84:32 1. I think all access should te to I-25 Frontier Road and State Hwy 52 only. Not Road 242 Dr pave both 242 and 9-3/4, and up grade base and drainage. 2. Weld County Road 242 need; to be straightened out. ciiirT \_. ' - ' -Th lit%to.MOM tommissimm DRC/bf STATE OF COLORADO DIVISION OF HIGHWAYS E P.O. Box 650 . "» Greeley, Colorado 80632-0850 ( N '' Gig (303)353-1232 �o`o June 4, 1984 Weld County 4 1-25 Seigrist Const. i1 Spec. Review i'" j l l ii L _ �i z Mi . N. of 119 ---�,1 Int. on E. I-25 Mr. Rod Allison Weld Ca. FlanNug �,m Frontage Road Department of Planning Services missiu;; Weld County DOH FILE 45100 913 Tenth Street Greeley, Colorado 80631 Dear Mr. Allison: We have reviewed the Seigrist Construction Company application for -an open-cut wet sand and gravel pit and have the following comments. Sufficient access to this mining operation is avail-able by means of the existing County roads, one of which enters directly onto the I-25 East Frontage Road. No additional access to the Frontage Road should be necessary to serve this mining operation. It -appears that it is not possible at this time to accurately project the intensity of truck traffic which will be generated by this -gravel pit. We would prefer that some estimate of the traffic impacts be provided but, if this is not possible, we ask that all gravel trucks using the State highways operate within legal load limits. -Thank you for the opportunity to review this application. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER T. Re beck District Preconstruction -Engineer WFR:da cc: A. Chotvaos D. Yost Area Foreman File: Crier-Jacobson w/encl . Longmont Soil Conservation District 9595 Nelson Road,Box D - Longmont, Colorado 80501 May 31 , 1984 Mr. Rod Allison, Current Planner II Weld County Planning Department 915 10th Street Greeley, CO 80631 ite: Case Number USR-636:84:32 - Seigrist Construction Company Dear Rod: The use of this area for a sand and gravel pit will result in the loss of approximately 60 acres of prime farmland. -Adequate provisions for temporary and permanent erosion control appear to have been made, if implemented. Sincerely, Alva M. Dodd, Jr. President T-. l jun i9t4 l� Weld Co. Munn Cnmmissiou CONSERVATION . DEVELOPMENT - SELF-GOVERNMENT ''`> NELSON ENGINEERS GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303)356-6362 May 10 , 1984 Department of Planning Weld County Services Building Greeley, Colorado 80631 Gentlemen : This application is in request for a Use by Special Review (USR) permit for the extraction of sand and gravel in a part of Sec. 2, T2N, R68W of the 6th P.M. , which will be owned and operated by Siegrist Construction Company of Denver. As can be seen on the Plan Sheets , the subject property is located approximately 1/4 mile east of the Del Camino development and approximately 1/2 mile south of the St. Vrain river. Property along the St. Vrain, as can be seen from the mining plan, has a high commercial aggregate value, which is obvious by the number of gravel mines in the area . The land adjacent to the north edge of the property is an existing gravel mine for the Siegrist Companies , as well as for Weld County. Land upstream and downstream near the river are also being used for gravel mining operations . Due to the number of gravel mines near and adjacent to the property, and also the types of reclamation that is occuring in the area , we feel that application is compatible with the surrounding land uses during the mining operation and after reclamation. As stated in the Weld County Comprehensive Plan, the present economy in the front range corridor is causing an increasing demand for sand and gravel extraction in Weld County. All mineral resources are fixed in location. The mineral extraction is therefore restricted in its operations to those areas where the resources lay. To be consistent with the Comprehensive Plan, extraction must follow a rehabilitation plan, which is presented in the application. Department of Planning May 10 , 1984 Page 2 of 2 We hope that this application has addressed the USR requirements and concerns of Weld County. If you have any questions about the application, please call . Please place this application on your hearing agenda at the earliest possible time.. Respectfully, aVer/n C. Nelson, P.E. Engineering Agent for the applicant USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Shone - 356-4000 - Ext. 400 Case Number Date Received Application Checked by Application Fee Receipt Number Recording Fee Receipt Number 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: A part of Section 2 LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: N/A Section T N, R W Property Address (if available) See Exhibit A - Plan sheet 1 PRESENT ZONE Agricultural OVERLAY ZONES Floodprone district TOTAL ACREAGE 214 ,823± PROPOSED LAND USE Sand and Gravel Reclamation EXISTING LAND USE Agricultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Siecrrist Construction Canpanv Address: 7000 York Street City Denver zip 80229 Home Telephone # 674-3864 Business Telephone # 2R9-6441, 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: Keith A. Farrar Address: 7000 York Street City Denver zip 80229 Home Telephone # Business Telephone # 289-6441 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Siegrist Construction Company Address: 7000 York Street City Denver Zip 80229 Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that -all statements, Troposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF -4+FEfit-,URAI s ) STATE OF COLORADO ) , t, Signature: Owner or Authorized Agent Subscribed and sworn to before me this ,3n.' day of :7")7,.p., 3_ 19 ! SEAL ,. ri • ti�/, r C,.._. NOTARY PUBLIC 'Mv Commisgin Nov. 20. 19;x7 d9y commission expires f'�' . 3n;,, �,:.� T.-'.,. :.zL CO 2o2z3 WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt #: Receipt Number: Application 'Reviewed By So 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: See Exhibit A - Plan Sheet 1 • TOTAL ACREAGE: 214 , 823 2. Surface owner(s) of area of land described Name: Siegrist Address:' 7000 York St Phone: 289-6441 Construction Ccmpany Denver, Colorado 80229 3. Owner(s) of mineral rights to substance to be mined Name: Same as #2 Address : Phone: Name: Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land described: See Exhibit TEE - (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants address: SiegriGF Conatruntien Co. Phone: 289-6441 General Office address: 7000 York St. - nenver Phone: 289-6441 6. Identify any prior permits for open cut mining held by applicant or affiliated person: SUP 441 : 80 : 31 USR 489 : 82 :4 7. Description of Operation a. Types and number of operating and processing equipment to be employed: One rrnshing anti arreeninn pipnf i a ' FF ' Dozers , ^rarerc, 1nardnr¢, frurk ssc equipment See Exhibit D and proposed extraction standards. No nnisn rapnrt is prnvirleA since operation will create no more noise than adjacent gravel operations, and because the operation is not near any developed areas. t. Maximum number of employees : _10 , and number of shifts : 1 c. Number -of stagos to be worked: 3 phases , and periods of time each is to be worked: phase T . 1986 - 1990 ; Phase II , 1990 — 2001; QhnQn TTT , 2001 - 2006. — See plans. d. Thickness of mineral de osit: varies up to 30 ' P eet, and thickness of the overburden: varies up to 10 ' e. This will be a wet/dry pit operation . Area has high ground water table. Areas being excavated will be pumped during extraction of gravel . 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) : See plans — Sheet 3 and Exhibit PP — Hauling will be accomplished over on-site roads existing directly to County Bead 24 and County Road 24 1/2. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : See Sheet 3 , Exhibit E - Recreation , wildlife habitat & Commercial/Industrial 1i. Source of technical advice for reclamation: various governmental agencies , Input. of wildlife . SCS . MT,RR . etc. 1 . & Nelson Engineers, Greeley, CC C. Explanation of Reclamation Process: See Sheet 'i and Exhibit F of tarhment-s I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this appli-cation are true and correct to the best of my knowledge. COUNTY DF Wald STATE OF Colorado Signature: C ner%uthorized Agent subscribed and sworn to before -me this 3 ,-'' day of 7)),., .) , 19:;x/ . SEAL . �/ . 22,�J� NOTARY PUBLIC l My. Commission -expires M'i Com:nis-i^nTr'res 1\7-fly. 20, Ica; /.' / el �''�o DEPARTMENT OF NATURAL RESOURCES � Y- 4 David H.Getc ha s,Executive Director * g76; " MINED LAND RECLAMATION DIVISION `. . . , DAVID C. SHELTON, Director Richard D.Lamm _Governor ,r;n;N•' 'i�7%' '.` K ...P„ REGULAR (112) PERMIT APPLICATION FORM Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101 , et seq, as amended. (Type of Print Clearly) Siear,ist Construction Company 1 . Name of Operation (pit, mine or site name) -Sand and Gravel 2. Name of Applicant/Operator Siegrist Construction Company (name to be used on permit) 3. Address and Phone Number of 7000 York Street , Denver Local Office Colorado 80229 (303) 289-6441 4. Address and Phone Number of Same as 3 General Office 5. Name and Phone Number of Person Robert Sierrist 289-6441 Staff Members Should Contact Keith A. Farrar 289-6441 • 6. Parent Corporation, If Any Same as 1 (include name and address) 7. Owner(s) of Record of Affected Siegrist Construction Company Land (surfiace area) � • (if more than- two, list in EXHIBIT P) 8. Owner(s) of Substance to be Same as 7 Mined (if more than two, list in EXHIBIT P) 423 Centennial-Building, 1312 Sherman Street Denver, Colorado 80203 Tel. (303)866.3567 2- 29. Source of Legal Rignt-to-Enter Deed - (Affidavit of Ownership) (indicate what type of proof is included in EXHIBIT 0) See Exhibit EE Rule 34-32-112(2) (d) 10. Type of Mine and Substance to Open pit be Mined (specify underground, open pit, quarry, etc. and I Sand and -Gravel substance(s) to be mined 11. General Location and Elevation I Six miles east of _Longmont, Colorado. (miles and direction from nearest town and approximate I Site elevation is 4-840 site -elevation 12. County Weld 13a Total Surface Acreage to be In- 215- Acres cluded in Permit (Rule 1 .1 (2) ) 13b Total Acreage of Affected Lands (Rule 2.11 (14) ) 215± Acres 1-4. Application Fee (see Rule 2 to determine amount, based on $1 , 615. 00 -permitted area) 16. Present Land Use (i .ie. , agri- cultural , industrial , etc. ) Agricultural 16. Surrounding Land Uses Agricultural 17. Proposed Future Land Use (final use after reclamation) 'lzecreational — Commercial/Industrial 18. List Mining Operations Currently None In Violation of the Act. (Se-e 34-32-120) 19. The Lands Herein Do Not AfTect Affirmative any of the Lands Described in Section 115(4) (f) of the Mined Land Reclamation Act. (specify affirmation) -3- MAPS AND EXHIBITS • With each of the five (5) copies of the application form, the applicant must submit a corresponding set of the maps and exhibits outlined in rule 2, as follows : 1 . EXHIBIT A - Legal _Description 2. EXHIBIT B - Index Map 3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands • Al. EXHIBIT U - Mining Plan S. EXHIBIT E - Reclamation Plan 6. ±XHIBIT F - Reclamation Plan Map 7. -EXHIBIT G - Water Information 8. ₹XHIBIT H - Wildlife Information 9. £XHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Info nation 11. £XHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs 13. EXHIBIT M - Compliance with Local Zoning (See 34-32-11 (4) (e) and 109(6)&(8) • 14. • EXHIBIT N - Other Permits or .Liicenses (See 34-32-115(4)&(4) (c) 15. EXHIBIT 0 - Source of Legal Right-JO-Enter (See 34-32-112(2) (d) 16. EXHI-BIT P - Owners of Record of Surface and Subsurface Rights (See 34-32-112(2) (b)&(c) NOTICE LW PROCEDURES After the application is considered "Tiled"(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 Completeness ( "filing") of your application. ) COLORADO WATER LAWS The penittee is encouraged -to contact the 'State ₹ngi_oeer, with regard to the administration of water rights, and the Colorado Department of Health, with regard to the discharge of pollut-ants into the waters of the State. Violation of iolorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of. Health.. -4- ADDITIONAL INFORMATION Tnis -space can be referenced for further information of -any of -the items in this fonn. To the best of my knowledge, all the information presented in this application is -true and correct. Date: 711,1, / BY: 1 l./5 A-/--f0-77-- , Title '(Signature thy individual legally authorised to bind the operator to this application) (Rev. 9/83) Dot, No. 5547 APPLICATION FOR SPECIAL USE PERMIT FOR GRAVEL MINING AND RECLAMATION SIEGRIST CONSTRUCTION COMPANY April, 1984 Applicant : Siegrist Construction Co. 7000 York Street Denver, Colorado 80229 289-6441 Application Prepared by: Nelson Engineers 520 Greeley National Plaza Greeley, Colorado 80631 356-6362 Project No. 4010 ATTACHMENT TO REGULAR (112 ) PERMIT APPLICATION TO MINED LAND RECLAMATION BOARD FOR MINING AND RECLAMATION PERMIT FOR SIEGRIST COMPANIES - DENVER, COLORADO APRIL, 1984 EXHIBIT A - Legal Description Included on Sheet 1 of plan sheets . EXHIBIT B - Index Map Included on Sheet 1 of plan sheets . EXHIBIT C - Pre-Mining Plan Map of Affected Lands Included on Sheet 1 of plan sheets . a . Surface owners shown on Pre-Mining Map (Exhibit C) . b. Creeks, roads , buildings, power line and other topographic features shown on topographic map (Exhibit C) . c. Contours shown on topographic map. d. Area involved in operation - 215- acres . e. Vegetation in mined and unmined area is mostly, crop with some native bottom land grasses and weeds. (See Exhibit AA) f . Water information - Existing surface water resources shown on Exhibit C. See also Exhibit G. EXHIBIT D - Mining Plan a & b. Mining by surface earthmoving machines. c. No water diversions from without or within property. Finished excavations to be maintained as water impoundment ponds created from ground water for recreation purposes including fishing and boating. d. See Mining Plan Map. Each designated area is worked separately and in sequence indicated . Area shown on Exhibit D plan . All areas are subject to major disturbance. Sheet 1 of 6 e . Time periods of each phase shown on Exhibit D. Gravel thickness varies - See Mining Plan, Exhibit D. Overburden is described in Exhibit AA. Claystone bedrocks stratum underlies mineable sand/gravel material . f . Mining operation will include use of rock crushers, concrete and asphalt mixing plants and scales with scale house. EXHIBIT E - Reclamation Plan a. The operator proposes to reclaim the area through development of water impoundments with seeded dikes and picnic areas for recreational purposes . The reclamation will consist of a series of impoundments, -generally within the natural ground water levels of the immediate area . Because the bottom of the excavations are well below normal ground water, the future use is development of ponds to be used for fishing at such time as stocking is accomplished. The ponds will be separated by shaped dikes with at least three feet of freeboard . Provision will be made in reclamation for access to all locations along roadways on the dikes as required . All finished slopes from five feet above to ten feet below the expected water line will have a slope no steeper than 3 horizontal to 1 vertical, and will be compacted using standard heavy duty eartihmoving equipment. The majority of the area will be reclaimed for recreational purposes . Appromimately nine acres along the west edge and approximately 24 acres along the south edge will be reclaimed for commercial/industrial development . b. This area can be reclaimed and used in much the same way as the Barbour Ponds along Interstate 25 immediately west of this site and as the future use of the property adjacent to the north edge of the permit area. The reclaimed area used as a recreational area will fit well into the agricultural zoning of the local land use plan according to local zoning regulations . c. The affected lands will be reclaimed for recreational purposes within five years after each phase of reclamation is commenced . Use of the reclaimed land shall be in accordance with the limited liability landowner liability law contained in Article 41 of Title 33 , C.R.S . 1973 . Sheet 2 of 6 c-1 . Grading - All grading will be accomplished as soon as feasible, approximately one year after the mining process in a particular phase is completed, using heavy earthmoving equipment. All areas outside the site will be protected from erosion or siltation as a result of the operations. No refuse and acid forming or toxic materials that might create water pollution are anticipated to result from the proposed mining operation. No drill or auger holes, or shafts result from the mining operation. Again, all , finished slopes from five feet above to ten feet below the expected water line will have a slope no steeper than 3 horizontal to 1 vertical. ' c-2 . Water - The operator intends to comply with applicable Colorado water laws and regulations governing water rights and with all applicable Federal and Colorado laws and regulations governing water quality and dredge and fill requirements where applicable. Although the excavated area will remain inundated , no water is generated nor consumed as a result of the mining operation. The water impounded is that occuring from natural ground water seepage in the area or entering the area from adjacent natural drainage ways . Since no water is consumed, an amount of water is released that is equivalent to the waters entering the area. See also USDA Soil Conservation Service information noted as Exhibit AA regarding ground water, soils , and grasses in the area . c-3 . Wildlife - The Colorado Division of Wildlife is currently reviewing the pre-Mining Plan . A copy of their review will be sent to you for comment as soon as it is available. No conflicts with wildlife is anticipated regarding reclamation. c-4 . Topsoiling - Topsoil is quite limited in the native area and it is mostly of poor quality as shown on Exhibit AA. However, the limited topsoil will be stockpiled above the 100 year floodprone district and will be spread uniformly in depths of approximately 6" on the dike areas above the water line of the impoundments and in other locations that might have been disturbed during the mining operations to provide a support for vegetation. Topsoil will be maintained in a useable condition by creating vegetative cover if prolonged storage is required . Sheet 3 of 6 c-5 . Revegetation - Revegetation will occur only on the dikes above the water line of the impoundment and onthe locations disturbed by the mining. operation. It will consist of seeding of grasses compatible to the area as described by SCS in Exhibit AA or as further recommended by that agency. Seeding schedules and application rates will be as -recommended by SCS. Trees or shrubs are anticipated that are adaptable to the area. Plantings will be in accordance with SCE recommendations as areas are completed and reclamation occurs . d. Implementation of the reclamation plan will result in future use of the area through the innate, values of water impoundments which naturally provide a source of recreation. Most of the proposed permit area is not highly valuable for agricultural purposes as may be seen by reference to Exhibit AA. Changes from the existing condition to a site for reclamation purposes is consistent with the surrounding area of natural vegetation, wildlife, water and air. Any wildlife in the area would have a reasonably equivalent access . No less water in the area will result from the change. No air pollution will result and in fact with more area dedicated to water, less dust should result. Water impoundments are described in paragraph a. of this Exhibit. e. For grading, compaction, and stabilization operations, refer to Paragraph c-1 of this exhibit. For topsoiling operations , refer to Paragraph c-4 of this exhibit. For vegetation, operations, refer to Paragraph c-5 of this exhibit. f. Timetables - Phase I - 50± Acres . This area will begin mining operations within the next two or three years and is anticipated to occur from about 1986 - 1990. Grass planting will occur according to schedules provided by the SCS. This Phase of reclamation to occur as soon as practical thereafter, and to be completed within the five year limit allowed by the Act. Phase II - 89± Acres . This area will be mined after Phase I , and is anticipated to occur from about 1990 - 2001 . This Phase of reclamation will begin as soon as practical and to be completed within the five year limit allowed by the Act , As with Phase 7, grass planting will occur according to recommendations and schedules of the SCS. Sheet 4 of 6 - Phase III - 42± Acres. This area will be mined after Phase I and II, and is anticipated to occur from about 2001 - 2006 . Reclamation will begin as soon as practical and to be completed within the five year limit allowed by the Act. Grass planting will occur according to recommendations and schedul-es of the SCS. g. (i ) See Reclamation Plan and Details (Attached plan sheet as Exhi-bit F) . (ii ) See Exhibit AA - Applicant to comply with SCS recommendations . (iii ) Fertilization will be accomplished in accordance with SCS recommendations at time of seeding operati-ona . (iv) See Exhibit E, paragraph c-5 . (v) See Exhibit E, paragraph c-4 . EXHIBIT F - Reclamation Plan Map - See attached map EXHIBIT G - Water Informataion The operation upon reclamation is expected to have a very minimal effect upon other water systems in the area since no consumption of water occurs for the reclamation purposes of conservation/wildlife habitat/recreational uses . The water impoundments will undoubtedly seek a water level equal to the surrounding underground water table such that in effect the impoundments are no more than an extension of the innate qualities of the preexisting conditions . The underground water table in those areas surrounding the site will be relatively unaffected by the reclaimed area. Water from d-ewatering operations will be pumped into existing ponds or ponds developed for that purpose. All excavations and piled materials will be sloped so that runoff from disturbed areas will flow into the created ponds designed for that purpose. Wastes from machinery maintenance will be confined to localized areas so that none of those wastes reach water areas. There will be no project water requirements for development mining phases , other than occasional dust control operations . The amount of water needed for dust control is not expected to exceed 5 , 000 gallons per week during dry conditions. The Applicant intends to spread excavated sand and gravel on haul roads , thereby greatly limiting the need for dust control measures . Sheet 5 of 6 According to the recorded deed and subsequent agreement, the Applicant owns one share of the capital stock of the Rural Ditch Company. EXHIBIT H - Wildlife - See Exhibit C-3 EXHIBIT I - Soils - See Exhibit AA EXHIBIT J - Vegetative - See Exhibit AA EXHIBIT K - Climate Average seasonal precipitation varies from 10 to 19 inches per year. Temperature ranges are those normal to northern Colorado east of the mountains along the front range and vary from a plus 100° F. to a low of minus 20° F. EXHIBIT L - Reclamation Costs - (1984 Dollars ) Finishing Grading $ 60 , 000 Seeding $ 10 , 000 Fertilize $ 10 , 000 Topsoiling $ 25 , 000 Miscellaneous Items including small structures, etc. $ 25 , 000 Total estimated Reclamation Costs $ 130 , 000 EXHIBIT M - Rule 9 . 1 (1 ) See Exhibit CC - Zoning Letter. EXHIBIT N - Rule 9 . 1 (2 ) See Exhibit CC. EXHIBIT O - Rule 9 . 1 (3 ) See Exhibit EE - Option to purchase EXHIBIT P - See Items 7 and 8 of Permit Application - Owners shown on attached map. Sheet 6 of 6 ,•�., United States Soil 9595 Nelson Road, Box D Conservation Longmont, CO 80501 s4 Department of -4% Agriculture Service April 24, 1984 RECEIVED APR 2 5 1984 Mr. Jeffrey R. Lent-nix, C. E. Nelson Engineers 822 7th Street Greeley, Colorado _80631 Dear- Mr. LeDoux: The soil mapping units on this site are 3 - Agiolls and Aquerrts, gravelly substrata; -4 — Aquolls and Aquents, flooded; and 77 — Heldt silrty clay, 1 to 3 percent slopes. Mapping units 3 and 4 make up the largest portion of the area. Mapping unit 27 covers approxim--tely 25 percent of the permit area. (See attach- ment for further detail ) . These soils commonly have a high seasonal water table. Any mini-ng operation would have to address -this problem. The finished 31-opes should be a ratio of 3 ft. run to 1 ft. fall at 1-east to a water idepth of 10 ft. The seeding recommendation reflects a native vegetative cover made up of plants commonly found on such sites. (See attachment) . Any intensive -use of the -completed project will require another vegetative plan that is site and use specific. ' Sincerely, 2im Hamilton istrict Conservationist work tint , Lon-grnont Producer -- SLEDrY.G PLANS: _--_ - 1 Field Noa: 1 / '�4. ! Species • Suggested Varieties (PLS) • ...ii FIANNED u1wLrit. iu I.tnLiraSJ 11rr '',1 GRASSES I Give / "1 LELUr1E$ iJQ .nd hvi /Aida 3, 9 ,I., Hi, b Nest, .., .5w.; lc 9 ra sl' . 9El/Kgli saeczfoh. , C• Il „,.r. :ca .. ye • • PLANNED SEEDING DATES: lor;fry .er4,6/adm44 T Wrll Uc pfi0r TD hula.r/ 1,1 . FERTILIZATION REC9:4:ENDATIONS: lert;./; zcr w:/I be a as SkbwA 1it a. cufeta.? se; —1! ,s7 pp• heal +0 n °-�s�; / )/Q�s SEED BED PREPARATION/ RECOMMENDATIONS: 0. Cloak r s¢ed I) .e J ,_,u;// Lc preForta1 usiilc` hid I,rs -T"ti_nK L" DP `1iD .So ; ). SEEDING EQUIPMENT PLANS: 0. ie;lI w; 1/ de. us,Ed t p1OK% -Iti � saeJ OTHER POINTS: :Gcol Coh: ro/ w ,// c / b y a",t „„<n i-n r rn K. E. 1, a ., :4 I / "I?'1' H (G a $ /D wet) pDQ„la lrow )f )/ (.Ja rr..rf OJffO) (01.1 1,0,1 Pl'�aJ w.l ) Lbs. of bulk seed required per acre - lbs. of pure live ;We l" per acre divided — • by the purity percent X termination rercent . . P...... 4 t,,, , il cry,;itt, , tf _ f )c, . , ,, ` � `I1 j' m • N ?i l .zi � C \tjV'' �� 1 WA *ACM , Y ZRa fir m N m Y it. N M' \q r,,\. 4Y. . rWpf ""4 .:"I. 171.:) A\ ff� Tri „ r n ,, 4M -1',, •I y i Wm' .vs `N 'l�t�'d }k e . ..rMY. rn Iy ••+•are _�_�... ;ii? �. L r 0.T m ft,'�, t;✓/ E-, m • an k f�l 22 �1�I ............. x N • � a is • m ' l J Cw n m jai. .,;wry iwr d•: r bl .3•p� ,�• Y A[�.11}7�y n 1 '% tl I��• ti � i° y+ :a i` iii+}M5'I'�d'1P!�..( Id 7 i� 11 � c —• a / ` f`_�•�4.P� rrykS;s°fi ..• .44444.-- e _ ? ~~> / rot 1G .0 ' 11 ft •�•'..� • h 1..r' uv , .. , r. m j(11 V' iRTI ✓ , h n .. N a . r 6.1 ' -1, TRY 7 .\ ' ,y. ` y'4 }t ti. tF�`I�+yl 4M1 } P r 2 ' r. / IL..ill:.qi‘PI r•- 1e„Q fr'-s..'h'i1Yi' i2 F'' 1 ./S ,r� f"' , P.,114;\ '241, 5 �`. ,n ` • om r t, 1 F k�d� sl rSL, a • ., • 7A. • ,. fir R , 'f5r • '.1•'r r,M.C 'S r,�! wNlW4 •a' hvarklasgar ., Y1 I v.,. w i W x P."rs:'$.,3.. " 'nil. , -\ , �8k1' � }f..{.' 4 c4jtx' \ C f i}_ t m m'. \ C4 t m ' L 1 (iL ' m a <I � 1 ₹ iit � ` ; i �I LIIIIIIX , ,,. -..-` ` / . V \j I..-Y lr... ----- 8 SOIL SURVEY filter thtQ leachate. 'ewage lagoons require sealing. 60 percent of the unit. Aquents, which have a lighter Lawns, sll ubs, and tr es grow ell. Cap.bility .ubclass colored surface layer, make up about 35 percent. About 5 II irrigate . percent is Aquepts and Bankard sandy loam. 2 Altvan loam, 1 to . percent lopes. TI Ts is a leep, These are deep, poorly drained soils that formed in well rained . il-on terrac at eleva ions of 4,. 00 to ,(900 recent alluvium. No one pedon is typical. Commonly the • feet. t forme in old alluvium den sited by he md'or soils have a mottled, mildly alkaline to moderately al- rivers. nelude< in mapping\�ire small tress of ,oils Lh t knlinc loamy or clayey surface layer and underlying show ev"dance o poor drains Te. Also ii eluded-a seal , material and are underlain by sand or sand and gravel • I ngand arrow a eas of sand nd gravel deposits: within 43 inches. In places they have a gleyed layer in the ypicall the su ace layer of his Altva soil is gi yish underlying material br vn` loa about. 9 inches thi . The su soil is b ion Most of the acreage is subject to flooding. The water and ightye wish b\own clay lo: and san iy clay lo m table is at or near the surface early in spring and about 14 inch s thick. he substrat m is calca sous loan y to as deep as 48 inches late in fall in some years. and a out 5 i ches thic' over grave y sand. These soils are used for rangeland and wildlife habitat. Perm ability and a ailaUle w ter caps icy arc Some small areas have been reclaimed by major drainage m derat The er ective r oting depth is20 to 4 inches. and leveling and are used for irrigated_crops. Su acct off is hpedium, : d the erosi n hazard i low. The-potential native vegetation is dominated by alkali T 's soil is used`almost, e tirely for litigated cro s. It -sacaton, -switchgrass, and western wheatgrass. Saltgrass, is sai d tcl•au n crop common grown in area, in ud- sedge, rush, and alkali bluegrass are also prominent. ingso , sag,r beets,beans, a alfa, small :tin,-total es, Potential production ranges from 3,000 pounds per acre in • nd oni s. A examp a of a sued able :_cotta system is 3 favorable years to 2,000 pounds in unfavorable years. As C 4 yeas oT Ifalfa followed corn, car for silage, range condition deteriorates, the switchgrnss, alkali su ar bee s, sm II grain or beat s. Land lev ling, ditch t \ sacaton, and western wheatgrass decrease and saltgrass, lini and 'nstall ng pipe mes may be needed f proper sedge,dge, and wheatgrass rush increase. waleapplic lion. rQ2' All metho of i • atio are suit.ble, but fu ow ir- Management -of vegetation should be 'based on taking 'gatio is the ost ninon. Barnyar -manure an 1 cam- half and leaving half of the total annual production. Seed- ing ertilize are n�eded f r top yiellls. ing is difficult and costly because numerous tillage indb}•eaks a rl en _canine pal 'plan Lt s of trees and prac- tices are required to eliminate the saltgrass sod. sh bs co monly growl in the area are generally p ell Switehgrass, western wheatgrass, alkali sacaton, tall suite to this 50 1. CuErvati to coot'\ol competi wheatgrass, and tall fescue are suitable for seeding. They veget Lion Should a continued or as mat y years as can be seeded into a clean, firm seedbed. Seedbed possib follo ing pla ting.gees that are bes suited and preparation usually requires more than 1�d 1 1 ' q year to have_go d su lust ar\ Roc Mou twin junip r, eastern eliminate the saltgrass sod. A grass drill should be used. .. redcedar, pond osa pe, Sibee' an ell , Russian- live, and Seeding early in spring has proven most successful. hackbetry The .rubs b t suited are skunkbus sumac, Wetland wildlife, especially waterfowl, utilize this unit. ac Siben n pea.hrub,a d Am can p um. The wetland plants provide nesting and protective cover, This soil 1n-pr duce h:hi(.:d r. ement, that are ighly as well as some food. The nearby irrigated cropland, su able for enlar�d wildlife incl ding p easant, co ton- where wildlife obtain much of their food and rind protec- tail, and moulding ve. Sudh crop as w eat, corn, nd tive cover, makes this unit valuable to both wetland and alfal (e� provide\suits le hall at fo open and wildlife, openland wildlife. especially phew.ant. ree a d sh Ib pl. ntings and Openland wildlife, especially pheasant, use this unit for • ndist;)rbed nesting �e cor wow I -enhi cc op .nland wil- cover and nesting. Deer find excellent cover in some . le podktlations. \ areas. • his Altvan soil hras fa' to go d pot ntial r urban These valuable wildlife areas should be protected from am recrea tonal devdlopme L. The 'hie(' h icing -oil fen_ fire and fenced to prevent encroachment and overuse by Lure. for u an deveIbpmen are th A shrin -swell poten- livestock. They should not be drained. tint n the ibsnil as\jt we s and < "es a d the, rapid These soils have good potential as a source of sand and perme: ility f the sarrtl and ?ravel .ubstra urn. Septic gravel. Capability subclass Vlw; Salt Meadow range site. t., nk ah.orptior fields function roperly, but in daces the 4—Aquolls and Aquc pi s, flooded. This nearly level NU :strati n doe. not contain a ough fi es to prop: ly map unit is in depressions in smooth plains and along the Tilt r the leach. te. Sewage la oons quire sealin . bottoms of natural drainageways throughout the survey Law s,sh bs, and trees gkow w,ll. Capability .ubclas area. Aquolls, which have a dark colored surface layer, Ile irrigated. make up about 55 percent of the unit. Aquepts, which 3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about 25 nearly level-map_unit is on bottom lands and flood-plains percent. About 20 percent is soils that are well drained of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 48 inches of which have a dark colored surface layer, make up about the surface. p" \' WELD COUNTY, COLORADO, SOUTHERN PAR'S' 9 ` These are deep, poorly drained soils that formed in Ic sunmlc ' Gdlowe in alternate years, this soil` is well reseal. alluvium. Nn one polar is typical. Commonly the auit!•d Lo tenter wh,\\at, I,ariey\ and sorghum. `\Winter soils have a mottled, mildly Lo moderately alkaline loamy wheal is the '\rincipnl c•Irup. The 111-odicted nvorage yicld is i, or clayey surface layer and underlying material that ex- :33 h, she is )e • acre. 11\ the enu i is wi n Le rid I led, spring tends to a depth of 60 inches or more. In places they have wheat can be seeded.Generally pipcipitation\'s too\l\ow 'i a gleyed layer in the underlying material, for ben •ficiat us\of ferlili)er. \ l Most of the acreage is subject to excessive runoff. The Stubble mulch farming, striperopping, and mini um til- water table is at or near the surface in spring and during lage are needed to\control so'1 blowingtand water rosion. the peak of the irrigation season. Terracing Terracine also maybe needed to control'water erosion. These soils are used for rangeland and wildlife habitat. 'The potential native vegetation on this range site is Some small areas are irrigated pasture. dominated by sand hluestem, hand reedgrass, and flue The potential . native vegetation is dominated by grains. Need leamith read, switchgrass, sihoats grama, switchgrass, prairie cordgrass, saltgrass, alkali sacaton, and 'western\wheatgrass are also prominel t. Potential l big bluestem, indiangrass, western wheatgrass, slender production ranges from 'r,200 pounds per :acre in favors- . wheatgrass, sedge, and rush. Cattails and bull Hash grow hie years to 1MOO pounds\in unfavorable years. As range t• in the swampy spots associated with these range sites. o 1i Iili , deteriorates, the sand bluestern, sand r•edgrass, rt alyd swih li n ass decrease and blue minima, sand d o need, i.,' Potential.production ranges froin.4,000 pounds per acre in \ F b •° " g-° }'�• tr and sand`sage increase. Annual weeds and grasses�jnvade favorable years to 3,000 pounds in unfavorable yeas. As \ range condition deteriorates, the tall and mid grasses the?\site ati\mange condition becomes poorer. M:uragenlent of vegetation \hould be based on to ing decrease, production drops, and saltgrass, sedge, and rush r , . I increase. The farming and irrigation in adjacent areas has half and leaving half�of the total annual production. Se' d- ing is\desiral`le if the range is\in poor condition. Sa d Management of vegetation on this soil should be based bluestem, sand reedgrass, switcngrass, sideoets gram: on taking half and leaving half of the total annual produc- blue gi-arna, p>bescent\wheatgrts\ and crested wheat- Lion. Switch ass, bi• bluestem, indiangrass, western g ass are suitab e for seeding. The•grass selected should U'r' bg n• - . meet the wheatgrass, pubescent wheatgrass, intermediate wheat- \seasonal requirements of \livestock. qcan be • irr. grass, tall wheatgrass, and tall.fescue are suitable for ser\idcd into a cle.\n, firm 'sorghum stubble, or i6\can he drilled intom a fit-n prepared seedbed:, -Seeding early in • �! seeding. The plants selected should met the seasonal spring has ptovon most successful.. \ 7 requirements of livestock. For successful seeding, a fine Wihrlbreaks and c ivironmental planlings are gee tally prepared seedbed is neede I. A grass drill should be used. r ii Suited this\soil. Sid blowing, the principal hazarc in • t Seeding early in spring has proven most successful. 'i'il- e\tablishing trees am shrubs, .can be controlled by c II- lage is needed to eliminate the undesirable vegetation. \ tiva ting\only in the tree row and by leaving a strip f Wetland wildlife, especially waterfowl, utilize this unit. ve elation between the\ rows. Supplemental irrigatio l. The wetland plants provide nesting and protective cover may ls. Trees be heeded .tt the time of planting and\during dry as well as some food. The nearby irrigated cropland, perio' that are beat suited and have good survival where wildlife obtain much of their food and find protec- are It'beky Mountain juniper eastern redcedar, i\ r �\onderosa tive cover, makes this unit valuable to both wetland and pine,- Siberi.•in elm,'- Russia ii-olive, and hackber' y. The openland wildlife. shrubs test suited are skunk ush sumac, lilac, ate Siberi- ri Openland wildlife, especially pheasant, use this unit for An cash ub \. \ \ wcover and nesting. Deer find excellent cover in some \Wildlif is an important sec ndary use of this soi `The i areas. These valuable wildlife areas should be protected cr pland a cas \,rovide 'favorable habitat for ring-ne•ked from fire and fenced to prevent encroachment and phi asa nt and-mourning dove. Mttny nongalme species an i overuse by livestock. They should not be drained. Capa- be ;it.racted\by establishing area\ for'nesting and escape i bility subclass VIw; Aquolls in Salt Meadow range site, coisr For pheasants, undisturbed nesting over is essen- Aquepts in Wet Meadow range site. tie.! :u d should be included,in plan for habitat develop- t. 5— season .yynndy loam 1 to 3'percent steppes. T its is iitcnt. Iange h0 d wildlife, frig example, the pl'onghorn an- al deep, well dr:Wied soil or\ uplands al elevations of 41,6011 telope, ran be attracted by developing livcstoc e watering i. to 5,200\feet. iL f(ormed in alluvium. ncluded n mappI ig icilit.ies, managing \livestock grazic g, and reseeding re small,areas of rock outcrop. ` ibbere nct`Icd. \ \ Typically the surface layer is brown sandy tom about \ new areas of this Ascalon soil,are in iajor gn\ivth and it inches\tthick. The subsoil is pale hr wn and ellowish y\i urbanized centers.\The shrink-swell potential of the sub- �•j brown sandy clay loam about 15 inche. thick. The sub- soilias it wets and Vries'is the most linii}.ing soil feature stratum to ` depth ‘'f 60 inche• is salsa eons r fine sandy that must b consielered in planning hmn}•sites arc` con- e' loan . Aa pability subcla strut ing roa is. Ca ss Hie nonirrigated; I Pee meabili is mo crate. Ava ilable wa er capacity is Sandy\Plains \nge site. \ L high. \The effective ro ting depth is GO int:hes or more. \G—Apra lon s indy loam, 3\to 5 Pe\cent slr pes. Thi. is Sbrfac• runoff is slow, and the erosion hazar}i is low. \ a steep,Avcll drained soil'v on uplands at„elevations of 4,600 r I 'i s ' 20 SOIL SURVEY • from gra and weeds are rho\ principal hazards in tion ranges from 1,600 pounds per•`cre in favorable years Establishing tree and sli ub plantingpp Summer fallo\ving a to 1,000 'pounds iQ unfavorable years. As ran \e-condition y r in adva ce in nonia gated art and continued cul- deteriorat\s, the tall grasses\decre ase, blue S ama and ti ation for wed control are needed'to insure estabe\h- buffalograss increase, and forage production drops. Un- met t and surva al of plan:ings. Supplemental irrigation desirable weeds and\mnuals invade thn site and \rosion may a needed. " ees that a' a best suited and have good can occur as range condition becomes poorer. survivaaI are Rock Mountain •uniper, ea�tern redcedar, Management\Of vegetation on this soil s odd be b.\sed ponderosa pine, Ru.`sian-olive, a d hackberr . The shrubs on taking half ua rl leavinr, half of tht�`total n nun prodlkc- best suit>;d are skunk visit sumac, lilac, Siben n peashrub, tion. Seeding is desirable icthe range"'is in po r conditioh. and Amel'ccan plum. Western rrleatgi ass, swttchgrass, \sand ` eedgr.ss, Wildlife an import:pt second a use of this soil. The sitlr•oats grams, p bescent\ wheatgra.s, into}•mediate d Aland are s provide favorable habitat for ring-necked whthtgrass, and blue grama are suitable lair seeddig. The ph asant and ourning drive. Many nongame spec'Ies can grass selected should meet the seasonal rervuiremeltts of be tracted b \\establishin \\areas for nesting and escape livestock. It can be seeded into a\firm prepared seer?bed. cove For pheasants, undistl]rbed nestinM\\cover is esset- A grass\chill should be ufed. Seeding early in spring �as tial an should b�j included in plans for habitat develnp- proven mt\st success\il. ment, e, ecially inreas of into sive agriculture. vvindbre acs and enviroll mental plantings :{�� well This s il is poor suited to urban and \creational suited to this soil. Flgodin and moisture competition developmt'L because of the sunffeptibility to flooding. from grass Znd weeds are\ he principal hazxr<1�s in Capability `sp bclass IIw irrigated. \ establishing tree and shrub plantings. Summer fallowing a 26—Havea'son loam, to 3 pert no\t slopes. T is is a y\ar in advance nonirrigated areas and continued c11- d ep, well dry' ed soil on low terrace rid flood ph ins at tiv\\tion for weed\control are needed to insa\ establish- ele sirens of 4, 00 to 4,8 feet. It fo .men in stratilied men\ and survival\of plantings. Supplementsll irrigation may b\ needed. Tree that arc hest s,tited and pave good Bale. coos allu�ym. Include in mappin\ are small areas Q 111 of sot that have\tine sandy loam and sandy loam undo\:- survivals�are Rocky Tountain .best iQQdcedar, lying aterial and mall areas`pf soils that'have sand and Pondereslh pine, Russian olive, and'`hacklierry. The\shrubs • gravel (thin a depth of 40 inches. best suited are skunkbush sumac, lilac, Siberian peas rub, \Typical the surf ce. layer o this HavePson soil is and Americit` plum. • l ` Wildlife is to important\ condary use of this soil. ' 1v gr, ash br wn loam ah ut 4 inche. thick. The h\nderlying \ \ matrial to a depth o 60 inches is pale bro n loam cr pland areasprovide favorable habitat\for\ring-necked pheasant and mourning dove. Many nongame s�ecies can strati led wit thin lense. of loamy s. d and clay 1 am. ‘ \ \ Pe eabilit is modern Availab] water caps. ty is be attracted by establishing areas for nesting and escape high. T e effec •ve rooting is 0 inches or more. cover. .[,or pheasants, tmdisturbec�\nesting cn�er isessen- tial and should be radon od in plans for habi at de clop- Surface Surface Hoff is\slow to me um, and t erosion hazard \ \ 1 P- i low. \ ment, especially in areas of intensive agriculture. R:ege- m irriga d area. this soil I. suited i ll crops coin, land wildlife, for example, the pronghorn antelol , cat'\he Y g �; R ! attracted 1y developilig livestock Watering fecilitit s, trio al row in the area, indicting corn,\ u gar beets, \ (( p managing livetock grazing and reseeding where ne1•ded\ beat alfalfa, small grain, potatoes and oniony` An exam- \ \. pie o a suitabl\croppig system is`3 to 4 years oC alfalfa This soil is suited to urban and recreational \ d velopment because of the susceptibility. to flooding. follow by co corn fol- silage, su ar beets, small grain, Capability subclass Ile irrigated, IVs \konirrigattht • or ben s. Land levelinn ditch lining, and installing hoa)ny Plains rangctsitc. pipelines nay be n \cried fo proper waiter applicaticapps. 27—licldt silty clay, 1 to 3 percent slopes. This is a All met ods of itigation\are suitable( but furro\v ir- deep, moderately well drained soil on plains at elevations ligation is the most common. klarnyard ni nure and c m- of 4,950 to 5,050 feet. It formed in alluvial sediment :kraal fertilizer are needed fodktop yields. derived from shale. Included in mapping are small areas in nonirrigar era areas\this soil suited to inter when , of soils that have a clay loam or silt loam subsoil and sub- barliy, and sorn{hum. Must of th'' acreage i. planted to stratum. winte'wheat. 'I• e predict d avertnge yield is 28 bushels Typically the surface layer is light brownish gray and per ac c. The soil is summer fallow\d in alternate years light yellowish brown silty clay about 7 inches thick. 'nat. to alto moisture a cumulation. Generally precipitation is subsoil is light brownish gray silty clay about 27 inches �0o low r beneficia \use of fertilizer. thick. The substratum to a depth of 60 inches is silty clay. Stubhle ulch farming, strip�ropping, rid minin'`i�h tit- Permeability is slow. Available water capacity is high. lak111111• are ne •ded to conLi'of soil blowing an\t water ere•ion. The effective rooting depth is 60 inches or more. Surface Ter acing al,o may be needed to\ontrol water erosion runoff is medium, and the erosion hazard is moderate. 1'n potential native\vegetation is d urinated Y In irrigated areas this soil is suited to crops commonly weste \\n when grass. Buiec gram\ switch ass, sand grown in the area, such as corn, sugar beets, beans, alfal- • reedgress, big 1b uestem, sle der whnftgrass, i rliangrass, fa, and small grain. The high clay content generally and grelp needle mass are. :dip preseq Potenti: ) produc- restricts some crops. 1 -EIA) COUNTY, COLORADO, SOUTIIEItN PART 21 Most methods of irrigation are suitable, but furrow ir- grown \rops should be grown at least 50 percent of the rigation is the most common. Proper irrigation water time. Contour ditches and cO •rogations can be used in ir- management is essential. Barnyard manure and commer- rig+(iting close grown crops an pasture. Fur ows, contour cial fertilizer are needed for top yields. furrows, And cross',slope furrows are suitable for row In nonirrigated areas this soil is suited to winter wheat, crop\. Keening tillage to a minimum and utilizing crop barley, and sorghum. Most of the acreage is plan Led to resid t\c help\to control,erosion. Maintaining fe rt\li ty is im- winter wheat. The predicted average yield is 25 bushels port:ur Crol1s respond to applications of phosphorus and per acre. The soil is summer fallowed in alternate years nitroge\ . \ l to allow moisture accumulation. Generally precipitation is In nmurrigatld areas this soil is suited to winter wheat, '• too low for beneficial use of fertilizer. `barley, :Sul sor nun). Met of' the creage is planted to Stubble mulch farming, striperopping, and minimum til- Winter wheat. The predicted average yield is 20 bu\ hels it.' lage are needed to control soil blowing and water erosion. p r acre. Tie soid\is surnmer fallowed in alternate `•, rs r E5t:%! ._t(t t t ere: Uc is da-:na:.ed by a]Da • .) }^ — -' ,\a i ve.--zrii-7. vi.i. iiii.ri_s5 Liii.-. i-ii.zbi .1-72-7:.1- 3t:±_j1-;:ic."1-R5 12, IS,: ::.: •;,.. :Iv .:-. 7.,:.:7,::.a_ ...:s.f ...f:c ±r ._ - ,ter .±ucc,:r. - r:c - rc: c..-ids - \\ T �fCcfl2c r. \jjld Mir'.'Min favorable years to 600 pounds in unfavorable years. As tillagt. are needed to control soil blowing and water ero- range condition deteriorates, a blue grams-buffalograss sion. Tracing Also may be neer�ed to contr l water cro- sod forms. Undesirable weeds and annuals invade the site sion. as range condition becomes poorer. • The oten list\ alive\vegetation is don mated by Management of vegetation on this soil should be based western SI\heatgrask and blue grams. Buffalograss is also on taking half and leaving half of the total annual produc- present. Potential p oduction range from 1,009 pounds tion. Range pitting can help in reducing runoff. Seeding is per acre in\favorable years to (300 pounds in unfavorable desirable if the range is in poor condition. Western yeArs. As rahh e condi on deteriorates a, a blue gra -buf- wheatgrass, blue grama, sideoats grama, buffalograss, pu- talc grass sod forms. U�tdesir ble weeds and annuls in- bescent wheatgrass, and crested wheatgrass are suitable vade\the site a range ckdition•becomes\poorer. •• for seeding. The grass selected should meet the seasonal Management f vegetation on'this soil should be b sed requirements of livestock. It can be seeded into a clean, on taking half a \d leaving\half of,the total�'annual produc- firm sorghum stubble, or it can be drilled into a firm �(•on. Range pittin\; can help in reducing runoff. Seeding its prepared seedbed. Seeding early' in spring has proven d'sirablr\ if the \age is\in poor condition. Westehi most successful. w \eatgrass, blue grluna, sideoats grama, buffatograss, pu- Windbreaks and environmental plantings are generally beefent w')eatgrass\.and crested wheatgrass Are suitable not suited to this soil. Onsite investigation is needed to for $eedin# The grassy selected should meet the seasonal determine if plantings are feasible. Successful windbreaks requjjlfements of lived ck. It cap be seeded intq a clean, require supplemental water. ' firm Sorghm\t stubble, or it cat be dolled and a firm Openland wildlife, such as pheasant, mourning dove, prepared seedbed. Seed jug earl in spring has\irroven and cottontail, are best suited to this soil. Supplemental ost successful. \\ \ t water is needed in wildlife habitat development, including \Windbreaks And enviro'\mental p antings\generally arc the tree and shrub plantings that serve as nesting areas. nt suited Lo this soil. On.ite invesbigation s needed( Lo This soil has poor potential for urban and recreational de.ermine\if plantings are feasible. Successful windbreaks development. Slow permeability and high shrink swell require supplemental water. \ create problems in dwelling and road construction. Capa- Oenland\wikilife, such as pheasants moue ing dov , bility subclass Its irrigated, IVe nonirrigated; Clayey and cottontail, are best suited to this soil. Supplemental Plains range site. water\'s needed for wildlife habitat development includ- 28—I!eldt silt clay, 3 t 5 percent skopes. This\is a 'ng tre and shrub plantings that\serve as nesting areas. deep, mbderately ell drainer soil on plait``s at elevations This soil has\poor potential for\urban and recre\tional of 4,950\to 5,050 eet. It fo med in alltfvial sedim'\nt, d .velopn\eat. Slow permeabiity And high t•r;hrink }}swell derived f.om shale. Included i mapping ar' small arras , create prSblems'in dwelling and road construction. Cepa- of soils thAt have a c ay loam or silt loam sub oil and su - Unity subclass Ilk irrigated, IVe \ onirrigated; Clayey Lratum. \ Plai s rangt\site. \ \ ` \ \ \Typically he surfacelayer is fight brownis gray and 29 lulesburg sandy loam, 0 to I percent slopes. Tails ligtt yellowis1 i brown t1'lty clay about 7 inches hick. The is a Aleep, well dr:uhed soil on ten-aces at elevations of • subsoil is lion brownish gray silt clay about 1 inches 4,700 to 4,800 feet. It\fonnet\in alluvium\clepositer� by the • thick. The sub ratum to depth of(30 inches is silty clay. South t'`latte River. Included in mapping are some leveled Pe}.meability 's slow, vailable water capacity fs high. , reas and small areas of soil's that have\ a loamy sub- The eI' ective ro ting depth is (30 inc es or more. S` rface s ratum. \\ • runoffs medium, and the erosion haze d is moderat Typically the s rrface layer \f this .Julesburg soi is In irrigated are s this soil is suited o crops comn\only br wn sandy loam about 12 inches thick. The subsoil is grown r the areaePercnnial, grasses annul alfalfa or lose bro\vn and\pale bro\vn sa d,y loan\ about 18 iichcs thick. . • EXTRACTION STANDARDS 1 . ND excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, casement , or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence unless by written agreement the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves a lesser distance. 2. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public and private emergency, or to make necessary repairs to equipment. This restriction shall not apply to ppe,ration_of administrative and executive offices or repair facilities located on the property. 3. Weeds and other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 4. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented if necessary, to reduce noise, dust, and erosion. 5. Insofar as practicable, all means of access to the property from any street shall be located and designed as to avoid the routing of vehicles to and from the property over streets that primarily serve residential development. 6. All access roads from sand and gravel operations to public highways , roads , or to adjoining residential structures , shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one-fourth mile of the public highway, road, street, or adjoining residential structure. 7. Rock crushers and concrete and asphalt mixing plants may be allowed. However, the Planning Commission or Board of County Commissioners may set out additional conditions under which these operations may be permitted; and said conditions may vary by location due to abutting land uses. 8. If a septic system for sanitary waste disposal is necessary for any offices and/or maintenance buildings , a permit for such a system must be obtained through the Environmental Services Division , Weld County Health Department. The system must be designed by a registered professional engineer. 9. An emission permit (fugitive dust) must be obtained from the Air Pollution Control Division of the Colorado Department of Health, for dust emissions ' from mining activities , road construction, and parking lot areas. 10. A National Pollutant Discharge Elimination System (NPDES) permit must be obtained from the Water Quality Control Division, Colorado Department of Health for any discharge of water into State waters . 11 . Noise levels shall comply with those limitations listed in 25- 12- 103, C. R. S. , 1973. Sheet 1 of 2 12 . No diking or berm shall be allowed in the Special Use Permit area which would cause damage to upstream or downstream properties by altering the historic drainage pattern. 13. Material stockpiles will be developed parallel to creek flows and as far therefrom as practical . Sheet 2 of 2 RECLAMATION STANDARDS 1 . Upon completion of operations the land shall be left in a safe condition. Sufficient draina-ge shall be provided so as to prevent pockets of water or undue erosion. Grading shall be accomplished in such a manner that storm water leaves the property at the original drainage points . Runoff at any one such point shall not normally be increased over historic flows. In- creases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact uses or lands affected by such flows . Trees , shrubs, legumes , grasses , or other ground cover shall be replaced in order to avoid erosion insofar as is practicable. 2. All excavated areas shall be graded or excavated in such a manner so as to conform with the use of the land proposed in the reclamation plan. Ridges , banks , and mounds shall be formed so as to minimize erosion. In no event shall a slope of less than 2: 1 (horizontal :vertical ) be left when operations ' are complete. In addition, ridges and peaks shall be struck off to a width of not less than fifteen feet at the top. 3. Excavations made to a water-producing depth and which will not be refilled must leave a minimum water depth of at least five feet measured from the low water mark. 4. Any graded or backfilled area shall be covered with topsoil to a minimum depth of six inches , except that no greater depth of topsoil shall be required than that originally existing on the property prior to commence- ment of operations. The property shall be graded so that stagnant water will not be permitted to collect thereon. 5. Rehabilitation shall conform, where applicable, to the Weld County Open-Cut Mining Regulations and to the full provisions of the "Colorado Mined Land Reclamation Act." 6. Ultimate use of the land shall be for conservation/wildlife habitat and associated recreational activities . 7. For the most part, reclamation activities shall be performed concurrently with mining operations. Revegetation will be accomplished as soon as practicable. 8. Gravel haul roads will be located appropriately during mining operations to serve as access roads for the permit area' s ultimate land use. DEPARTMENT OF PLANNING SERVICES PHONE 1303)35b-0000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 0 hV�.r " ✓�� • Zr �Y O COLORADO April 30, 1984 Mr. Vern Nelson Nelson Engineers • 822 7th Street Greeley National Plaza Greeley, CO 80631 Re: Property Located in the West 1/2 of the Southeast 1/4 and the East 1/2 of the Southwest 1/4 and part of the Northwest 1/4, all in Section 2, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado Dear Mr. Nelson: The above mentioned property is located in an "A" (Agricultural) Zone District. Your proposal to locate an open-cut gravel operation will require an application to Weld County for a Use by Special Review in the "A" District. The Weld County Commissioners would hold a public hearing on this matter before rendering the final decision. If the proposal is approved, the open cut gravel operation, as approved, would be permitted. Please do not hesitate to contact our office if you have any further questions. • Sincerely, 27/( ?-6,yr“84\ ames R. Mayerl Current Planner JRM:dg AGREEMENT t J p EXHIBIT "EE" THIS AGREEMENT, made this 10thday of February , 1984, by and between Mary Adler, 858 Third Avenue, Longmont, CO 80501; Floyd Adler, 2706 Weld County Road #28, Longmont, CO 80501; Arthur V. Adler, 15470 Weld County Road #5, Longmont, _CO 80501; Lawrence C. Adler; 27555•Weld County Road #46, Kersey, CO 80644; Orville Adler, 22351 Weld County Road #57, Kersey, CO 80644; Lily Wooden, 712 West Street, Ft. Morgan, CO 80701; Dale Adler, 8832 Oberon -toad, Arvada, CO 80002; Shirley Anderson, 630 Loomis Court; Longmont, CO 80501; Eva Jane Kong, 1637 Ford Avenue, Redondo Beach, CA 90278; Mary McCain, 6660 Van Gordon, Arvada, CO 80004; Jerald Adler, 211 Reef Court, Santa Barbara, CA 93109; and Carolyn Roe, 1481 West 106th Avenue, Denver, CO 80234, Sellers, and Robert L. Siegrist, 6999 York Street, Denver, CO 80229, Buyer; OPTION The Sellers hereby grant to the Buyer an option to purchase the following described real property situated in Weld County, Colorado, to-wit: The Northwest quarter and the East half of the Southwest quarter and the West half of the Southeast quarter of Section 2, Township 2 North of •Range 68 West of the 6th P.M. ; EXCEPT that portion of said premises deeded to Robert L. Siegrist by deed recorded January 21, 1982, in Book 0959, Reception No. , 188O637, Weld County Records, more particularly described as follows: A tract of land located in the W 1/2 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , and in the NW 1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , being more particularly described as follows: COMMENCING at the North quarter corner of said Section 35 and considering the North-South centerline of said Section 35 to bear South 00°31'47" East with all other bearings contained herein relative thereto; thence South 00°31'-47" East, 2357.60 feet; thence continuing South 00°31'47" East, 2995.71 feet to the South quarter corner of said Section 35, the TRUE POINT OF BEGINNING; thence South 00°44'42" West along the North-South centerline of said Section 2, 1152.26 feet; thence South 67°03'26" West, 1054.32 feet; thence South 84°52'07" West, 1617.56 feet to a point on the East right-of-way of Interstate Highway 25; thence North 00°17'36" East along said East right-of-way, 1679.95 feet to a point on the South line of said Section 35; thence North 29°23' 23" test, 2638.53 feet to the TRUE POINT OF BEGINNING; TOGETHER WITH all ditch and water rights appertaining to said premises, including five (5) shares of the capital stock of The Rural Ditch Company; BUT RESERVING unto the Sellers, their heirs, successors and assigns, all oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine the same; with all appurtenances, hereinafter referred to as "the Property' ; upon the following terms and conditions, to-wit: A. Option Payments. 1. 1n consideration of the payment of FIFTEEN THOUSAND DOLLARS ($15,000.00) paid by the Buyer to the Sellers upon the execution of this agreement, receipt of which is hereby acknowledged, the Sellers hereby grant to the Buyer the exclusive option to purchase the Property until 12:00 o'clock noon, May 1st, 1984. 2. The Buyer may extend the primary option period to 12:00 o'clock noon, August 1st, 1984, by written notice and payment to the Sellers of an additional FIFTEEN THOUSAND DOLLARS ($15,000.00) , in certified funds, before the expiration of the primary option period set forth above. B. Credit Approval. This Agreement is contingent upon the -Sellers' approval of the Buyer 's credit and financial capability of , retiring the debt to be financed by the Sellers as herein described. The Buyer promises to deliver a financial statement to the Sellers within ten days of the execution of this Agreement. The Sellers, with the Buyer's approval hereby given, will obtain credit reports on the Buyer and will either approve or deny the Buyer's credit, at their sole discretion, within ten days after receipt of the Buyer's financial statements and credit reports. All such credit information ., shall be kept strictly confidential. C. Survey. The parties shall obtain and split the cost of a current boundary survey of the Property prepared after the date -hereof and before closing. The survey shall certify to the total acreage contained in the boundary lines of the property and that the survey is 2 a true, correct and accurate representation of the 'Property. D. Exercise of Option. The Buyer shall exercise this option, and any extensions hereof, by giving written notice of such intent to the Sellers on or before the date of expiration provided for in paragraph 1 above. Closing shall take place no later than thirty (30) days after this -notice of exercise is delivered. In the event the Buyer exercises this Option, the Buyer agrees to purchase and the sellers agree to sell the Property in accordance with the Terms of Purchase set forth below. E. Failure to Exercise. In the event the Buyer shall fail to exercise this option according to the terms of this Agreement, then all option monies paid hereunder to the Sellers shall be retained by the Sellers. The -Sellers shall further be entitled to the "development work" -done on the Property by the Buyer as described in paragraph F hereof. All other rights in connection with this Agreement -shall then terminate. Y. Development Work. During the option period(s) of this agreement, the Buyer intends to investigate the potential for mining gravel from the property and for otherwise developing the Property. -Such investigation may include surveys, core sampling, soil tests, investigation -with the appropriate officials of the County of Weld regarding the use of the premises to mine gravel and develop the Property. The Sellers agree to cooperate with the Buyer in its endeavors to gain the -necessary approvals from the necessary regulatory agencies for a gravel mining operation and the Zellers agree to execute all documents necessary for the Buyer to pursue this development. During the option periods of this Agreement, the -Buyer shall have the right to go upon the Property and make such investigations, surveys, core drillings and the like as may be necessary to accomplish this fevelopment work. G. Buyer 's Liability. The Buyer agrees to indemnify and hold the Zellers harmless from and against all liability, claims, damages, losses and expenses, including reasonable attorneys' fees, arising put of Buyer 's investigations, access, possession and/or use of the Property, includi-ng any expenses incurred by the -Sellers in defending 3 any action, claim or demand for damages brought against the -Sellers as a result thereof, or in seeking to remove any liens filed against Sellers' interest in or to the property by reason of any act or omission by the Buyer. H. Negotiations with Weld County and Other Authorities. During the option period(s) the Buyer shall have the sole authority to negotiate directly with Weld County, Colorado, and any other authorities governing the mining of gravel on the Property and concerning all aspects of the proposed development of the Property. The _Sellers agree to cooperate and assist In these negotiations as much as is reasonably necessary -and possible. Any agreement reached between the Buyer and the County -or other authority shall be subject to the Buyer's exercise of this Option. TERMS DF PURCHASE If the Buyer shall exercise this option to purchase, the terms and conditions of the purchase shall be as follows: 1. Purchase _Price- Subject to paragraph 2 below, the purchase price shall be SEVEN HUNDRED EIGHTY THOUSAND FIVE HUNDRED DOLLARS ($780,500.00) which shall be payable as follows: a. _ONE HUNDRED FIFTY-FIVE THOUSAND FIVE HUNDRED FIFTY DOLLARS ($155,500.00) shall be, payable in cash or certified funds on closing date. All option moni-es theretofore paid shall be credited against this amount. b. The -balance of SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS ( 625,00-0.00) -shall be evidenced by the Buyer 's good and sufficient promissory note, pay-able to the Sellers, secured by a first deed of trust covering the _Property, and delivered on closing date. This rote shall bear interest at the rate of ten (10%) percent per annum from the date of its • execution until paid in full and shall be payable in equal annual installments of ONE HUNDRED ONE THOUSAND SEVEN HUNDRED EIGHTEEN AND 75/10O DOLLARS ($101,718.75) each. All payments shall be applied first on the accrued interest on the declining principal balance and the remainder toward the reduction of principal. Any balance remaining due and 4 unpaid on the seventh (7th) anniversary date of this Note shall then become fully due and payable. c. The Buyer shall have the privilege of -making prepayments on this Note at any time. Prepayments shall not reduce or postpone the due slate of any subsequent _payments. d. The provisions of this Note -and Deed of Trust shall be substantially as on the form of Note -and Deed of -Trust attached to this Contract as Addendum A and Addendum B. e. The Buyer shall furnish the Sellers with a Mortagee's Title Insurance Policy insuring the Sellers i-n the full amount of the loan. f. The Buyer promises to -pay to the Sellers on the annual installment payment slates set forth in the above-described promissory note a -payment equal to $0.15 per ton of gravel mined during the previous year, which payment shall be in addition to the annual installment called for therein. It is the intent of the parties to ensure that the Sellers' security in the subject -property will not be impaired by the sapid mining of the gravel during the early years of the note. 2. Price Adjustment. The purchase {price is based upon a value of $3,500.00 per acre. The total acreage as shown on the survey furnished in accordance with 'paragraph C above shall be multiplied by $3,500.00 to arrive at the purchase price. Any adjustment in the purchase price shall be reflected in the down payment shown in paragraph 1. a. above. 3. Partial Releases. The Buyer shall be entitled to receive partial releases at the rate of $7,000.00 in principal payments per gross -acre released, subject to the following: a. All -payments on the principal of said note shall apply towards partial releases. b. No partial releases of less than ten (10) acres in size shall be granted. • c... Only unimproved property shall be eligible for partial releases. 5 d. Any partial release granted after the first such partial release shall be contiguous to acreage previously released. e. No release shall be granted which would deny access to any parcels of property not yet _released. f. The Buyer shall notify the Sellers at least thirty (30) days in advance of the time when a partial release will be desired and furnish the Sellers with a legal description and survey of the parcel to be released and the acreage contained therein. All expenses in connection with said partial releases, including surveys -and attorneys' fees shall be paid by the Buyer. 4. Title. Within twenty (20) days from the date of exercise of the option as set forth above, the Seller-s shall furnish the Buyer with a title insurance commitment from Transamerica Title -Insurance, Company in an amount equal to the purchase price or an abstract of title to the _Property, certified to date, which commitment or abstract shall -disclose marketable title in the Sellers, free and clear of all liens and encumbrances, except for tights of way and easements in existence or of record; general seal estate taxes for the year of closing and thereafter; any liens by reason of the inclusion of the Property in any special taxing districts; Weld County building, subdiyision, , landuse _and zoning regulations; reservation of all oil and gas rights appurtenant thereto and as above -described; and the authority of any other governmental entity to regulate the development activities planned by the Buyer on the Property. The Buyer shall have twenty (20) days from the date of delivery of said abstract or title insurance commitment in which to have the same examined. In the event title is not merchantable, the Buyer may terminate this Agreement, and all monies paid hereunder shall be returned to the Buyer and all other obligations of either party hereunder shall thereupon be terminated. 5. Conveyance. On -closing date, concurrently with the payment then due in accordance with the terms thereof, and upon full performance of the covenants herein on the part of the Buyer to be performed, the Sellers shall convey the Property to the Buyer by good 6 and sufficient warranty deed, subject to the exceptions to the title'' itemized in Paragraph 3. above. Dn closing, the Sellers shall also execute the stock assignment necessary to convey title to the five (5) shares of The Rural Ditch Company to the Buyer. S. Default. In case of failure of the Buyer to make any one or more of the payments or perform any of the covenants agreed to be made and performed by him hereunder, this agreement may be forfeited and terminated by the Sellers upon giving the Buyer 30 days written notice thereof; and in the event such default has not been removed within said period, the Buyer shall forfeit all payments made. The Sellers shall further have the right to pursue whatever rights and remedies are available to them under Colorado law, including, but not limited to, specific performance. In the event of a default by the Sellers, the Buyer may pursue whatever rights and remedies are available to him under Colorado law, including, but not limited to, specific performance. In the event of default by either of the parties, the defaulting party shall pay all reasonable attorneys' fees and costs incurred by the non-defaulting party in the event the non-defaulting party initiates a successful action to enforce the terms hereof. It is mutually agreed that time shall be of the essence hereof and if at any time the same shall be forfeited and terminated in the manner above set forth, the Sellers shall have the right to take immediate possession of the property and the Buyer hereby agrees immediately to surrender and deliver said property peacefully to the Sellers. If the 'buyer shall remain in possession of said property after such termination, the Buyer shall be deemed guilty of an unlawful detainer, and shall be subject to eviction and removal. No grant or extension of time for the performance of any of the covenants herein shall be deemed a waiver that time is of the essence hereof. It is mutually agreed that title to the property remains in the Sellers until title is conveyed on closing date, and no equity of redemption shall, on account of this agreement, exist in favor of the Buyer. 7. Assignability. The Buyer may assign his rights in this 7 rit Agreement to anyone or any entity; provided, however, that Robert L. Siegrist shall nevertheless remain personally liable for the performance of the Buyer's obligations under this Agreement and shall personally co-sign the promissory note called for herein. 8. Possession/1984 Crops. The 1984 crops shall be and remain the sole property of the Sellers. Possession of the property shall be ' delivered to the Buyer on closing date; provided, however, that the Sellers shall have access during 19-84 for farming purposes to the Property until 1984 crops are harvested and removed. If there is any crop 'damage caused by the Buyer's activities on the Property from the date hereof until the Sellars have harvested and removed 1984 crops, then the Buyer will reimburse the Sellers for such damages at the rate of $500.00 per damaged acre. 9. Taxes/Water Assessments. The -Sellers shall pay the 1984 -general property taxes and water assessments, and the Buyer shall pay 1985 and subsequent years' gener-a1 property taxes; provided, however, . • that the Buyer shall be obligated to pay any increase in the general property taxes caused by any development activity -of the Buyer in 1984. 10. Currency. All monies -due under any portion of this agreement shall be paid in United States dollars. 11. Notices. Any notices called for under this agreement may be given to the Sellers and to the Buyer at the following -addresses or at such other addresses as the parties may from time to time designate in written notice: Seller Buyer Floyd Adler Robert L. Siegrist c/o John C. Flanders 6999 York Street Flanders, Wood, Sonnesyn & Denver, CO 80229 Schuetze, First National Bank Building 401 Main Street Longmont, CO 80501 All notices may be served as provided by law, ar may be personally delivered or sent by registered or certified mail, and in the event sent by -mail to the addresses as shown above, such notice or other papers shall be presumed delivered five days after deposit in • the United States mail, postage prepaid. 8 12. Attorney's Fees. Each party agrees to pay one-half of the Sellers' attorney's fees of the law firm -of Flanders, Wood, Sonnesyn & Schuetze for their legal services preparing this Agreement and in completing the transaction contemplated by this Agreement. 13. Survival of Terms. As may be necessary to enforce this Agreement, the terms hereof shall not merge at the closi-g field hereunder, but rather, said terms shall survive the same. 14. Entire Understanding. This agreement represents the entire understanding between the parties. Any change hereto shall not be valid unless first placed in writing and executed by each of the parties hereto. 15. Closing. The closing shall be held at the office of Flanders, Wood, Sonnesyn 4 Schuetze, in Longmont, Colorado, and the hour and place of closing shall be designated by said firm. 16. Construction. Unless the context clearly indicates a contrary intention, any gender shall include all genders, the singular shall include the plural and the plural shall include the singular. 17. Separate Parts. This Contract may be executed in separate parts and if, and when so executed, shall become binding on all parties. 18. Binding Effect. This agreement shall extend to and be binding upon the heirs, legal representatives, successors in interest and assigns of the parties. / Lig Sellers: scata F yd Adler �) Shi4y Anderson (Date: *Z ...." — (Date: op../o -11 ) ez..t V. Ze Q Y laarvtu. �-�'- Arthur V. Adler / Eva ane Kong 1 1 - 4? -F-1/ (Date: ) (Date: 9 -4-" 7 awrL Adlet3_62 / • 7 Mary . cCarn —Y,ef/ Q2 e Calee" 9- y) , 1 jville Adler J4ral Adler 3-9 - 8'y (Date: 3 - 7-4 Y ) (Date: ) 9 �� B a Li Wooden 7 Carol RoeG (Date: 3 '9 - BY ) ,1 - 7 - 87� (Date: ) Day Adler / e�J__ (Date: a- 9 - 8y ) Mary Mil er(Date: G3-- ) X74 (L Buyer: J dko „. /.4 'Ye/ Robe L, egrist (Da ?-7- 8 % ) 10 EXHIBIT JJ AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property See Exhibit A - Plan Sheet I STATE OF COLORADO ) ss . COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the -application submission date. C. C. n�e.e fJ��ftE�I5TERfp�ti`O� r,layyvd, heinv ? 26.83 o Y Cs ' ' �b 0 The foregoing instrument was subscribed and sworn to before me tN. - of c0Lo:�? •-+•.n 5V4 day M O y , 198413y 1 by Lavern C. Nelson WITNESS my hand and official seal . My Commission expires : icy. /e /9� 7 Notary Public r.'• •^C rF �r rlease print or type !^ NAME ADDRESS, TOWN/CITY, • ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # 1. Construction Leasing Zp•2n vrn--k street 131302.100021 Investment Company Denver, Co. 80229 2. Booth, Gary and P.O. Box 16326 131302000035 Jackson Feeders Denver, Co. 80216 3. Siegrist, Robert L. and 7000 York Street 131302000042 Siegrist Construction Co. Denver, Co. 80229 4. Kahn, Milton L. and 6750 E. Eastman Avenue 13t3n7nnn_oci1 Edwin S. Denver, Colorado 80224 5. Grant Brothers Box 948 131311000001 Longmont, Co. .80501 6. State of Colorado 6060 Broadway 131303000019 • Dept. of Fish & Game Denver, Co. 80216 7. Rademacher, Eva 3525• St. Hwy. 119 131303000018 Longmont, Co. 80501 8. Anderson, Edwin and 3528 Weld County Rd. 28 131303000020 • Louise Longmont, Co. 80501 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property See Exhibit A - Plan Sheet 1 STATE OF COLORA00 ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. yfr�.nn 41}¢N C. N' is :r : REsistFf e�so, a c 1 x; ,1> 8i.rccr and pt ,,, c?.., ,P P The foregoing instrument was subscribed and sworn to before me this C0/) day of k?Oy' , 19 84 By LaVern C. Nelson WITNESS my hand and official seal . My Commission expires : 7c/. /4 /267 7 9// Notary Public INTEREST OWNERS MINERALS AND/OR SUBSURFACE Siegrist Construction Company 7000 York Street Denver, Colorado 80229 , Amoco Production Company 1670 Broadway Denver, Colorado 80202 Adler, Mary 858 Third Avenue Longmont, Colorado 80501 Hello