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'C7^ L...r'4rq iifu- ; /•1 t d r}y Oil' 11�'__ 1M �6.�t • 4 isa� t e It--, 1 E }i��j 14 Q it,, RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN-PIT MINE AND MATERIALS PROCESSING FACILITY - C & M COMPANIES (DISTEL FARM RESOURCES) 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 17th day of May, 1989 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of C & M Companies (Distel Farm Resources) , P.O. Box 490 , Niwot, Colorado 80544 , for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility on the following described real estate, to-wit: Part of the SEi SW} and part of the SW* SEka of Section 8 , and part of the N} of Section 17 , all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented by Mike Applegate, of Tuttle Applegate Rindahl , Inc . , and WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County 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 the application requirements of Sections 24 . 7 , 44 . 1 , 44 . 2 and 44 . 3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and JJ Policies , I-25 Mixed Use Development Area Goals and 7N6"7//48 / 2 / : c < , 890424 Page 2 RE: USR - C & M COMPANIES Policies , Agricultural Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c . The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and gas production. �. The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. e. A portion of the subject site is located in the Flood Hazard Overlay District. f. Special Review Development Standards will provide adequate protection of the health , safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners . 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be 890424 Page 3 RE: USR - C & M COMPANIES recorded in the office of the Weld County Clerk and Recorder. 3 . The following note shall be placed on the Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities . Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards . 4 . Prior to hauling any material on Weld County Roads, an Off-Site Road Improvements Agreement shall be approved by the Board of County Commissioners . The Agreement shall mitigate impacts generated on County roads and bridges by the operation. 5 . Prior to the Special Review activities occurring on the site , evidence shall be submitted to the Department of Planning Services that: a. The Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44 . 4 . 11 of the Weld County Zoning Ordinance . b. An adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department ' s regulations. c. Individual sewage disposal systems , or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. d. An Emissions Permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions . e. An NPDES Permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. 890424 Page 4 RE: USR - C & M COMPANIES f. A 404 Permit has been issued by the Army Corp of Engineers . 6 . Prior to recording, the Special Review Permit plat shall be amended to show the access road at a 90° angle to Weld County Road 20 1/2 with a tangent section of at least 60 feet, and paved for a distance of 60 feet from Weld County Road 20 1/2 . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder / ./ and Clerk to the Board C.W. Kir13y, Ch irman , (13Y:; / hTL ¢� r., ,t/ (Nog line J ihnson, Pro-Tem eputy County clerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner George K nri' d O County Attorney ; ' Gord .. 890424 DEVELOPMENT STANDARDS C & M COMPANIES (DISTEL FARM RESOURCES) USR-877 1 . The Site Specific Development Plan and Special Review Permit is -for an open-pit mine and materials processing facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . The open-pit gravel operation shall comply with the Operation Policies, Section 44 . 4 of the Weld County Zoning -Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4 . The haul route shall be Weld County Road 2D 1/2 to Weld County Road 7; then north or south to State Highway 119 or 52 . At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20 1/2 west of the Special Review site. 5 . All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6 . Fugitive dust must be confined on this site. -7 . Waste oil , waste paints , stains , treatments , anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8 . No permanent disposal of wastes shall be permitted at this site. 9 . The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10 . All operations shall be in conformance with the Weld County Flood Hazard Overlay "District Regulations including: 890424 Page 2 OPERATION STANDARDS - C & M COMPANIES A. NO fill , berms , or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flows; and B. All fuel tanks , septic tanks , temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid creation of a health hazard . Following completion of mining, all temporary buildings -shall be removed . 11 . all construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance . 13 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .-6 of the Weld County Zoning Ordinance. 14 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 15 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County -Regulations . Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted . Any other changes shall be filed in the office of the Department of Planning Services . 16 . The property owner or operator shall he responsible for complying with all of the foregoing Development Standards . Noncompliance with any of the foregoing Development Standards nay be reason -for revocation of the Permit by the Board of County Commissioners . 890424 HEARING CERTIFICATION DOCKET NO. 89-21 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN-PIT MINE AND MATERIALS 3ROCESSING FACILITY - C & M COMPANIES (DISTEL FARM RESOURCES) A public hearing was conducted on May 17, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk To the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated April 26, 1989, and duly published May -4, 1989, in The New News, a public hearing was conducted to consider the application of C & M Companies (Distel Farm Resources) for a Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of The Planning Commission into the record. He -said the Planning staff is recommending a change to Condition P6, and submitted copies of the proposed change. Mike Applegate, of Tuttle -Applegate Rindahl, Inc. , came forward to represent the applicant. He _explained the request and answered -questions of -the Board. Mr. Applegate said he has been in contact with The Engineering _Department concerning -a Road Improvements Agreement. No public comment was offered concerning this request. Commissioner Lacy -moved to approve the request of C & M Companies for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and J)evelopment Standards proposed by the Planning Commission, with Condition #6 amended as requested. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved onthe 22nd day of May, 1989. APPROVED: ‘7711,4,,,,,� � BOARD OF COUNTY COMMISSIONERS tiun F,;,calliu�. ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder 1:// and Clerk to the Boa C.W. Kirby, Char an By: eputy County Cl rk a que a Jo n on, Pro Tem EXCUSED Gene R. Brantner George Kenney Gordo E. Lacy TAPE #89-20 DOCK-ET #89-21 PL0468 890424 ATTENDANCE t C O R D PLEASE write or print Legibly your name, address and the name of the applicant or Docket # bor tha hearing you are attending. TODAY' S -HEARINGS ARE AE FOLLOWS: MAY 17, 1989 DOCKET # 89-21 DSR-OPEN-PIT MINE & MATERIALS PROCESSING FACILITY - C & M COMPANIES DOCKET # 88-48 SHOW CAUSE SUP #454 - HOWARD DUCKWORT-H, DBA WELD COUNTY DISPOSAL, INC. DOCKET # PROBABLE CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. NAME ADDRESS 3-?EaPINC ATTENDING CJ c' J f v (,i y4 , ilriqc 6,267„,,s___ Sre 4/0 aller e3- S-89 2- / —_t≥FU. CALa,u.- _ tic (R 1?4 ,0rwnf -*ter, =Zt 4 Ctln1l4✓c Q. C.`fy/� a. ;tee 7 sll r �rrl ��≥ S 4. VArlz � , o4, s.4 °� '" �� 40/9 lw) 55 /Cfj ,, / Ca ( /4 /may ,h SC e ?/0/ 7, ,, (K tfc/ P6/4S (b ((/ /.(' Co A-1c/ cwr} 8920424- PUBLIC NOTICE The -Board of County Commissioners of Weld County, Colorado, on May 17, 1989, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this -plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: C & M Companies (Distel Farm Resources) P.O. Box 4-90 Niwot, Colorado 80544 LEGAL _DESCRIPTION: Part of the SE} SW} and Tart of the SW! SE! of Section 8, and part of the Ni of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED _USE: Open-pit -mine and materials processing facility SIZE OF PARCEL: 114 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FFUERSTEIN COUNTY CLERK AND RECORDER AND CLERK 1'0 THE BOARD BY: Mary Reiff, Deputy PUBLISHED: May 25, 1989, 1n The New News 890424 I ' ,_. 1 ‘,.. p . N I z "„r :'_: . • r'• :. PUBLIC NOTICE ... Co Board ommiadon era of w County eld Co Commissioners , Colorado, on May 17, 1I , condi awrovw a Site am Special Review o�u� y"°Pmmhmit for pthe below.Cmditioaali reevalde of ithia plea dates a v CC}R.SS.,as a"amended, d ANT:.C&M-C®oanies (Dhstol -form Resources_ P.O. r - _Pistol T1�or°dOLla:�tPart1 of the SE1/a SW1/4-and pail Al the SW1/4 SE1/4 of a and ; .. .. rtTa1Le N'h West d an 17, aS t , , r 2 N Bane . West fhe .M., -VYeldkl Cpi�mt Colm._ado INTENSITY OF .. . .. r Ta�PM APPROVED Lilly UM e SITE 11 CEL: 14 acres, more P to aide by the terms ao In a forfeitureeda It vestal, PropertydBOARD OF COUNTY COMMISSIONERSYCOLORADO RADO C BY: MARY ANN NTYSLEUERPT RECORRDEDER AN TCCLERK ..,.. !_ _• ...I I pa�gy b 15e Nair May1*.; I r • 17dViele-/- i � ��h �LCd - -Publication Fees Billed to C&M Companies- 890424 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 Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board 's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. 89-21 C & M Companies (Distel Farm Resources) P.O. Box 490 Niwot, Colorado 80544 DATE: May 17, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit — Open—pit mine and materials processing facility LEGAL DESCRIPTION: Part of the SEi SWi and part of the SW} Sfi of Section 8, and part of the Ni of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20} and approximately 1 .5 miles east of Weld County Road 1 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: April 26, 1989 ply q PUBLISHED: May 4, 1989, in The New News 890424 STATE OF COLORADO ) COUNTY OF WELD ) David B. Reynolds, being duly sworn , says that he is publisher of the NOTICE New News, a weekly newspaper.. Pursuant to the zoning laws of the Slate of Colorado and the Weld published in Keenesbury in said County County Zoning Ordinance,a public that said newspaper as e r has a (tearing will be held fa the a n dState; }� pChambers of the Board of County general circulation in said County Commissioners of Weld County, Colorado, Weld County Centennial and has been continously and Center, 915 10th Street, First Floor, Greeley, Colorado, at the uninterruptedly published therein, time specified. All persons in any manner interested to the sire during a period of at least Specific�Development Plea and fifer-two consecutive weeks prior to Special Review Permit are requested to attend and may be the first publication of the annexed heard. that said newspaper is a Should the applicant or any notice; party desire the newspaper within the meaning of the presence of a court reporter to make a record of the act of the General Assembly of the proceedings, in addition to the State Colorado, entitled "An Act ta record which will be kept of ring the hearing, the Clerk to to regulate the printing of legal the Board's office can be contacted for a list of certified notices a.n d advertisements, " and court reporters in the area. If a court reporter Is obtained, the amendments thereto; that the notice Clerk to the Board's Office shall of which t.h e annexed is a printed n t e d be sauteed to writing o1 each p action at leant five days prior m copy taken from said newspaper, was the hearing. The coat of engaging ( �` a court reporter shall be borne by published in said newspaper, and in the requesting party. the regular and entire issue of BE IT ALSO KNOWN that the every Y number thereof , once a week 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 for -1- successive weeks- Commissioners, located in the that said notice was so published Weld d10tthh County Centennial Center, in said newspape proper and not in Greeley,Colorado. APPLICANT any supplement thereof , and that Docket No.89-21 C&M Companies (Mate]Farm Resources) the first publication of said P.O.Bo:490 notice as aforesaid, was on the DATE: May N171 o Colorado 80544 1989 TIME: 10:00 A.M. REQUEST: Site Specific 4_ day o f___May.____ , 19 89_ .__..._...._s Development Plan and Special Review Permit - Open - pit mine and materials processing facility and the last on the 4..._..._ day of the LEGAL DESCRIPTION: C I and part Part of part of the SW1/4 SE1/4 of Section 8, and part of the pNh of Section 17,all —_._ May.__..,.—... i+g.___8 9-._ We Township the Norith P.M., Weld 888 Coa wtZ,,Clorado. LOCATION: North of Weld County Road 20kz and approximately 1.5 miles east of Weld County Road 1 BOARD OF COUNTY Subscribed and :w_ n to heft_r COMMISSIONERS WELD COUNTY,COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND met 1.1.a 8 d a Y of May....._._........ .1.c�.._._8p._._' RECORDER AND CLERK TO THE BOARD 9 ^ BY: Mary Reiff,Deputy. dezei,cf---6 BATED: A1r11 al,M tars Public_. W �_......_..__ �: Whey 4, lily, la The y commission exp • re 9---12--91,1 890424 AFFIDAV1l OF PUBLICATIGN 1, , State of Colorado County of Boulder NOTICE Pursuant to the zoning laws of the$fate of Colo- Dean G. Lehman ,do redo and the Weld County ZoMpp;Ordinence,'a public hearing will be held In}M mbers of tlfee solemnly swear that the LONGMONT DAILY TIMES CALL is a lor of County W Co Centennial enten lM C Center,County,915 Street,r Weld Greeley,eee Co r ,a the 10th First Floor, Colorado,afire daily newspaper printed, in whole or in part, and published in time .All persons in aqy jflanneP inter- ested in the Site Specific Development Plan and the City of Longmont, County of Boulder, State of Colorado, and Special Review Permit are r plan etpeared to attend and may be heard. which has general circulation therein and in parts of Boulder and Should the applicant or any intefE ft d party de- sire the presence of a court reporter to make a Weld Counties; that said newspaper has been continuously and record of the proceedings,in addition to the taped uninterruptedly record which will be kept during the hearing,the p y published for a period of more than six months Clerk to the Board's Office can be contracted for a list of certified court reporters4la area.If a next prior to the first publication of the annexed legal notice of court reporter is obtained, the Clerk.to the Board's Office shall be advised in writing of such advertisement, that said newspaper has been admitted to the action at least five days prior to the hearing.The coUnited States mails as second-class matter under the provisions bysthe requ stt of ring partyt reporter shall be borne BE IT of the Act of March 3, 1879, or any amendments thereof, and that certified by the he Weld County Planning Co KNOWN that the text and mm s-s - said newspaper is a daily newspaper sion may be examined in the off keel the Clerk to duly qualified for the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th publishing legal notices and advertisements within the meaning Street,Third Floor,Greeley,Colorado. of the laws of the State of Colorado; that a co DOCKET NO.89-21 A PoT py of each number of C a M panies said newspaper, in which said notice of advertisement was (Distel Farm o Box 4490 published, was transmitted by mail or carrier to each of the DATE:May 17,1989 rviwor,caorado 80544 TIME: 10:00subscribers of said newspaper, according to the accustomed REQUEST: to Specific Develo pment and Special Review Permit Open-pit m mode of business in this office. mine andmaterials processing fa- cility LEGAL DESCRIPTION: Part of the SEI/4 SW1/ That the annexed legal notice or advertisement was published • and part of the SW1/4 SE1/4 of Section e,and part of the NI/2 of Sec in the regular and entire edition of said daily newspaper once; non 17,Olin Township 2 North;Range 68 West of the 6th P.M., Weld and that one publication of said notice was in the issue of said County;CMoracio LOCATION: North of Weld County Read 20h and dated May 3 approximately 1.5 mike east of newspaper , 19 89. Weld County Road 1 BOARD OF COUNTY C NERS IO WELD COUNT COLORADO BY: MARY ANN UERSTEIN COUNTY CLERK EcoeDER +(C ay AND CLERK T E EOARD BY'M 1f,DePHY DATED: April 26, 1 PUBLISHED: 3,May�,1989,in tltriMIMI1MaYP aid General Manager Published in the Daily Times-50, Leneteent, Colo.May,?,1989 Subscribed and sworn to before me this 3rd day of May ,19 89 Me1n cU a V. o.x•c vrmc v1tJ Notary Public tor r7517 e FEE$ 30.50 " SIl'COMMKSION EXPIRES ACME 15 MEt ANT .i t HEW Sr dal VNS O:8T C L iedWw 830424 DATE: April 26 , 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearing for the 17th day of May, 1989 , at 10 : 00 A.M. Docket No. 89-21 - Site Specific Development Plan and Special Review Permit for an open-pit mine and materials processing facility, C & M Companies (Distel Farm Resources) OFFICE OF THE LER O THE BOARD BY: % Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 890424 Summary of the Weld County County Planning Commission April 18, 1989 Page 4 CASE NUMBER: USR-877 APPLICANT: C & M Companies (Distel Farm) REQUEST: Site Specific Development Plan and a Special Review permit for an open—cut gravel mine and materials processing facility. LEGAL DESCRIPTION: Part of the SE$ SWI and part of the SW4 SEi of Section 8, and part of the N= of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20-1/2 and approximately 1-1/2 miles east of Weld County Road 1. APPEARANCE: Mike Applegate, P.E. , represented the applicants. This will be a dry mine operation. A conveyor belt will transverse the land to the working pit. Gravel will be loaded onto the conveyor belt and transported to the loading and materials processing area. The use of the conveyor system will eliminat some of the noise and dust. They have been working with Drew Scheltinga on the haul route. Reclamation plans were also reviewed. The Chairman called for discussion from the members of the audience. There was none. Bob Allen, Executive President, C & M Companies, reported there will be approximately five truck loads a day going out that will not be used by C & M. C & M' s drivers will adhere to the delivery route, but even though signs are posted explaining the haul route they have very little control over independent drivers. The Chairman asked the applicants if they had reviewed the recommendation, conditions, and development standards set forth by the Department of Planning Services' staff. They have reviewed these and have no objections. The Chairman asked that a copy of the recommendation, conditions, and development standards be filed with the summary as a permanent record of the proceedings. Tape 344 - Side 2 MOTION: Ernie Ross moved Case Number USR-877 for C & M Companies (Distal Farm) for a site specific development plan and a special review permit for an open-cut gravel mine and materials processing facilities be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and developments standards presented by the staff and the testimony heard by the Planning Commission. Motion seconded by LeAnn Reid. 890424 �xh) b;� C Summary of the Weld County County Planning Commission April 18, 1989 Page 5 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison — Yes. She feels this is a very good plan. It is one of the better plans that they have seen recently, but because of the possibility of this area having more and more pits and the area or vicinity also developing economically, she would hope that in the future we would he able to get enough information to know what the collective impact of all the pits would be on the health and well being of the people in the area who are there now and also in the future. She has no problem with this particular plan, but she does feel uncomfortable with her lack of knowledge about the collective impact of all the pits in the area. Jerry Burnett - yes; LeAnn Reid - yes; Ernie Ross - Yes, but he would like to echo Ann' s concerns. Bud Halldorson - Yes, although he too expresses Ann's concerns. Motion carried unanimously. ADDITIONAL BUSINESS: Consider proposed amendments to Sections 10, 23, 24, 31 , 33, 34, 42, 43, 47, 53, and 76. Keith Schuett stated the Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Zoning Ordinance is in need of revision. 2. The proposed sections will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. The Chairman called for discussion from the members of the audience. There was none. MOTION: LeAnn Reid moved that the proposed amendments to Sections 10, 23, 24, 31 , 33, 34, 42, 43, 47, 53, and 76 of the Weld County Zoning be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services' staff. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. There was none. 890424 CHANGES TO USA-877 C & M COMPANIES (DISTEL FARM RESOURCES) The Department of Planning Services' staff request that the Board of County Commissioners change Condition of Approval L`6 to read: 6. Prior to recording, the special review permit plat shall be amended to show the access road at a 90° angle to Weld County Road 20-1/2 with a tangent section of at least 60' , and paved for a distance of 60 feet from Weld County Road 20-1/2. 890424 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by LeAnn Reid that the following resolution be introduced for passage -by the Weld County Planning Commission. Be it Resolved b ' i` = unty Planning Commission that the application for: ce k I , ,,;na b CASE NUMBER: USR-877 + AN 21 1989 NAME: C & M Companies (Distel Farm Resources) Lai a I2_.';___�� ADDRESS: P.O. Box 490, Niwot, CO 80544 GREFJ-W.co"A' REQUEST: A Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. LEGAL DESCRIPTION: Part of the SE! SW! and part of the SW} SE! of Section 8, and part of the Ni of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20-1/2 and approximately 1.5 miles east of Weld County Road 1. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies, I-25 Mixed Use Development Area Goals and Policies, Agricultural Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages commercial mineral extraction when the mining plan promotes a reasonable and orderly development of the mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the proposed use and ensure that the goals and policies of the plan are met. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. 890424 Fix h b. -4-$ C & M Companies USR-877 April 18, 1-989 Page 2 - The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, and oil and gas production. - The proposed use will not have an undue adverse effect on the existing and future development of the surrounding area. - A portion of the subject site is located in the Flood Hazard Overlay District. - Special review development -standards -will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is -based, in part, upon a review of the application submitted by the applicant, other -relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation Tor approval is conditional upon the following: 1 . The attached development standards Tor the special review permit shall be adopted and placed on the Special Review plat prior to recording the -plat. Tfie -plat shall be delivered to the Department of Planning Services and be ready for recording in the Wald County Clerk and Recorder's office within 15 days of approval by the Board o₹ County Commissioners. 2. The special review activity shall not occur nor shall any building or electrical permits be issued on the property until the special review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the use by special review permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 890424 C & M Companies ILSR-8 7 7 April 18, 189 Page 3 4. _Prior to hauling any material on Weld County Roads, an Off-Site Road Improvements Agreement shall be -approved by the Board of County Commissioners. The -agreement -shall -mitigate impacts generated on County roads and bridges by the operation. 5. _Prior to the special review activities occurring on the site, evidence shall be submitted to the Department of Planning Services that: The use by special review will not cause injury to vested or conditional wat-er rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. - That an adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department' s regulations. - Individual sewage disposal systems, or vaults, required for the proposed fa-cility have been installed on site in accordance with the Weld County -Health Department individual Sewage Disposal -Regulations. - An Emission permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, far fugitive dust and source emissions. An NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. - A 404 permit has been issued by the Army _Corp of -Engineers. 6. Prior to recording, the special review permit plat shall be amended to show the access Toad onto Weld County Road 20-1/2 -paved for a distance of 100 feet. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett LeAnn Reid Ernie Ross Bud Halldorson 890424 C & M Companies USR-877 April 18, 1989 Page 4 _The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further -proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld -County Planning Commi-asion, A0 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 April 18, 1959, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 18th nay of April, 1989. Bobbie Good Secretary 890424 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C & M COMPANIES (DISTEL FARM RESOURCES) USR-877 1 . The Sits Specific Development Plan and Special Review permit is for an open-pit -mine and materials processing as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The open-pit gravel operation shall comply with the Operation Policies Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7; then north or south to State Highway 119 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Reed 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. All sewage disposal systems or vaults shall be installed and maintained in compliance with the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No -permanent disposal of wastes shall be permitted at this site. 9. The property shall be maintained in compliance with _Section 404 of the Clean Water Act. 10. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain River which would obstruct passage of flood flaws; and 8-90424 C & M Companies USR—S77 Page 2 B. All fuel tanks, septic tanks, temporary buildings, and any other -hazardous items that might wash away during flooding shall be s-ecurely -anchored and adequately Tloodproofed to avoid creation of a health hazard. Yellowing completion of mining, all temporary buildings shall he removed. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Lode Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for -complying with the Operation :Standards of Section 24.6 of the Weld -County Zoning Ordinance. 14. P-ersonnel from the Weld _County -Health -Department and Wald County Department of Planning _Services shall he granted access onto the property at any reasonable time in order to ensur-e the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes iron the plans or Development Standards -as shown or stated shall require the approval of an amendment of the Remit by the Weld County -Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of -Planning _Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 83°424 INVENTORY OF ITEMS SUBMITTED TOR CONSIDERATION Case Number USR-877 Submitted or Prepared Prior to Hearing at Hearing 1. Application 70 Pages X 2. One application plat(s) five page(s) X 3. DPS Referral Summary -Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning -Technician X 8. DPS Notice of Hearing X 9. DPS Case Pile Summary Sheet X 10. DPS Field _Check X 11 . Memo dated March 29, 15984, from Drew Scheltinga, X Weld County Engineering 12. Memo dated March 23, 15389, from Judy Schmidt, X Weld County -Health Department 13. Letter dated March 22, 1989, from Marta X Bromschwig, from the City of Longmont 14. Letter dated March 21, 1989, from Terry McKee, X Army Corps of Engineers 15. Letter dated April 3, 1989, Hal D. Simpson, X Colorado Division of Water Resources 16. Letter dated March 28, 1989, from Barbara M. X Bryan, Boulder County Planning 17 . Referral response dated March 23, 1989, from X Orville L. Sadar, Longmont Soil Conservation District 18. Referral response dated March 24, 1989, from X Bill Emerson, Longmont Fire Protection District 19. Letter dated April 11, 1984, from Mark Matulik X to Larry Lang, Colorado Water Conservation Board I hereby certify that the 19 items identified herein were submitted to the Department of -Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on April 21, 1989. Current Planner STATE OF COLORADO ) COUNTY OF,WELD ) S•URTvIp ';PZT�TIx SWORN TO BEFORE ME THIS 21 ' day of �,�h; \ 19$9 SEAR Q OSt c ..\-a TJeIe. NOTAR PUBLIC My Commission Expires 890424 EXhib,+ A a:sG DV Ms 'eb ti. iVt? �n� /� .'HIBI INVENTORY CONTROL SHEET Ca 'se �'�/ ( Mae J Exhibit Submitted By Exhibit De-scr±ption A. Sit Uie/nl�n,. Lb IMO �,u,4 fieoin rrvmdg7ce-A/ c. )944tiliSti-oLL) 74/7y D. 6A4 rner7,tti V IdaAt. • E. 40/k StrL4OL 77(fteif- F. G. H. I. J. K. L. M. N. 0. 890424 Date: April 18, 1989 CASE NUMBER: USR-877 NAME: C & M Companies (Distel Farm -Resources) ADDRESS: P.O. Box 490, Niwot, CO 80544 REQUEST: A Site Specific Development -Plan and a Special Review permit for an open-pit mine and materials processing facility. LEGAL DESCRIPTION: Bart of the SEi SW4 and part of the SW} SE} of Section 8, and part of the Ni of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County -toad 20-1/2 and approximately 1 .5 miles east of Weld County Road 1. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS -THAT THIS REQUEST BE -APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Boning Ordinance. 2. It is the opinion of the Department _of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, Urban Growth Boundary Area Goals and Policies, I-25 Mixed Use Development Area Goals and Policies, Agricultural Coals and Polities, and the Transportation Goals and -Policies. The Comprehensive -Plan encourages commercial mineral extraction when the mining plan -promotes a reasonable and orderly development of she -mineral resource. Conditions of approval and development standards mitigate negative impacts associated with the -proposed use and ensure that the goals and policies of the plan are met. - Th-e proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by -special review. - The proposed use will be compatible with the existing surrounding land uses which include pasture, farming, -and oil and gas production. - The proposed use swill not have an undue adverse effect on the -existing and future -development mf the surrounding area. 8S0424 C & M Companies USR-877 -Page 2 - A portion of the subject site is located in the Flood Hazard -Overlay District. - Special review development standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part , upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services' -staff recommendation for approval is conditional upon the following: 1 . The attached -development standards Tor the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the lJepartment of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 13 days of approval by the Board of County Commissioners. 2. Tthe special review activity shall not occur nor -shall any building or electrical permits be issued on the property until the -special review plat is ready to be recorded in the office of the Weld County Clerk and -Recorder. 3. The following note being placed on the use by special review permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to -mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation EBoard; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Prior to hauling any material on Weld County -Roads, an Ofd-Site Road -Improvements Agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on County roads and bridges by the operation. 890424 C & M Companies USR-877 Wage 3 5. Prior to the special review activities occurring on the site, evidence shall be submitted to the Department of Planning _Services that: - The use by special review will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. - That an adequate water supply for consumption and sewage disposal is on site and is in accordance with the Weld County Health Department's regulations. - Individual sewage disposal systems, or vaults, required for the proposed facility have been installed on site in accordance with the Weld County Health Department Individual Sewage Disposal Regulations. An -Emission permit has been obtained from the Air Tollution Control Division, Colorado Department of Health, for fugitive dust and source emissions. - An NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. - A 404 permit has been issued by the Army Corp of Engineers. 6. Prior to recording, the special review permit plat shall be amended to show the access road onto Weld County Road 20-1/2 paved for a distance of 100 feet. 890424 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C h M COMPANIES (DISTEL FARM RESOURCES) USR-877 1 . The Site Specific Development Plan and Special Review permit is for an open-pit mine and materials processing as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 2k C.R.S. , as amended. 3. The open-pit gravel -operation shall comply with the Operation Policies Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7; then north or south to State Highway 11-9 or 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. All sewage disposal systems or vaults shall be installed and maintained An Compliance with the Weld County Individual Sewage IDisposal Regulations. 6. Fugitive dust must be confined on this site. 7 . Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquids, And solid wastes shall be stored and removed for final disposal in a manner that -protects against surface And groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 10. All operations shall to in conformance with the Weld County Flood Hazard Overlay District Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year flood plain of the St. Vrain -River which would obstruct passage of flood flows; and 591424 C & M Companies USR-S77 Page 2 B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately floodproofed to avoid -creation of a health hazard. Following completion of mining, all temporary buildings shall be semoved. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building -Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinanc-e. 13. The property owner as operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any seasonable time in order to ensure the activities carried out on the property ccmply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed ty the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing ievelopment Standards. Noncompliance with any of the foregoing Development Standards may be -reason for revocation of the Permit by the Board of County Commissioners. 590424 LAND-USE APPLICATION SUMMARY SHEET Date: April. 11, 1989 CASE NUMBER: USR-877 NAME: C & M Companies (Dist-al -Farm Resources) ADDRESS: 7916 Niwot Road, Niwot, CO £0544 REQUEST: A Site Specific Development Plan and a Special Review permit -for an open Tit mine LEGAL DESCRIPTION: Part of the SE} -SW} and part of the SWi SEi of Section 8 and part of the Ni of Section 17, all in T2N, R68W of the 6th -P.M. , Weld County, Colorado LOCATION: North of Weld County Road 20-1/2; approximately 1 .5 miles east of Weld County Road 1 SIZE OF P-ARCEL: 114 acres, more _or less POSSIBLE -ISSUES SUMMARIZED FROM APPLICATIONMATERIALS: The criteria for r-eview of this Special Review permit is listed in Section 24.3, 44A, and 44.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the State of Colorado, Division -cf Water -Resources, Weld County Engineering Department, Weld County Health Department, Army Corps of Engineers, and tht City of Longmont. Referral responses have not been received from the Mined =Land Reclamation, Stat-e Water Conservation Board , and Central Colorado Water Conservancy District. No objections have -been received by the Department of Planning Servic-es' staff from surrounding property owners. 890424 >{-®'v! _Lice— i ,` �a —_— — — —`. /��_ niFF:42::::".% �W .� •� • • ). )r LS x. • xe ' t),� ° g ). 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Y �/ _ I7E RNA/—c�/ _ -Q. - GREab o�Y tib 31 - ViA ./ N_ i �� % Midwest 1 3 x • .CF idrens Hone_ _ .-- -. ,� —'�� ______4.\ y- Sal ��_ Hi' li '�\ii k.. cr��i Prt S T ‘ 9 i o ----\). • DL) I _ ' 1 ` , _ - I t N t:,_- 18 - — 17 �\ .49]6 16 -• (1:99] � <99l I / X92.4 19 • '77 I Y 4;1 79a`$ y ,4(;:,,,.°-:,;,,.-• ae ?t,,;14 +..� n< i r i t - t d r tr`. A,. i voa)�(,. -t'1. r4 2 4Y.t Y , - 4 _ i v a J' 1'�t-.y ] t ,„./. . i r4.t .:"•` Y + YFr d{er i r z air / ,( .ta.gi 7,3‘.74,;(1:44.,L7-.„,r-. # it x n )Y 674.,57-.. 1171A,;,..• S-a i X rs rffr us I _ y y l a .Ycf t v tvW .4 . . C-1•\ ^^n" IsJiy y f, -O28 a" Zm.t;,_ _..,y + "t'fp(VA-44.,,,,,V—...c.th . at ' r '',.?4,-;144N.,;.1.2 ,��<1c� Y'.;`, 's... d[ yd f �A .[1 77yty4tF� i�s ,4,"14i Y51iir . �T. ♦ : r �1 /a ...I. �' "v+♦ • ;` v.. p I� rY //7 V�" F} rt !V vY �.1 ._-a - . ` :\ i iC� `_e_t .`x ►`. �_ ._. i:1.1t i '� •�rt;,� ^v �4„ ,, tip x -.. f :, Yi z' y;., ww. Z I , is ��_�'.I " is4.z4 .,'a � , �^ 44LL�lti(its rr �dV'ZTV' . i �• r , "a 7 . i x ie 'k a }241�'lEx� r`St P 'l t � t';' y + I, 1 t�jj Q((]] A i.i Y j•. I if ua}� roJ_..��1.ply+7� e,,.r ui 'm i1' q5' 1 w�r'Y 890424 i; l' t _, • ' i +9'�a3 .4�a5 J it , Cw E[ r N. 11'.f t IY ; l (t �� k `P'�1'.., )fx A ��4�Yy _.-'. I 3'1 2 _..4 211 A) iP i ' .J,'-.441,251fa Mri '. ,4 �y.x t .. f - - FIELD CHECK Filing Number: USR-877 Date of Inspection: "' 2C,- F Applicant' s Name: C & M Companies (Distel Farm Resources) Request: Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. Legal Description: Part of the SE; SWe and part of the SW} SE of Section 8, T2N, R6814 and part of the NI of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado Location: North of Weld County Road 20-1/2 and approximately 1-1/2 miles east of Weld County Road 1 . / Land Use: N Rides `( S'aN Ifia. ry .4�" a - ` L r� Y-2s E 1 Gt V' i C Lk( �A kr 3 / ��1 rte$I�G `f1 � - ae��S 1/ 3 A r, r L. LT u, ra L-'h � Pc kdeC-7 ( 1-V 4O,Aed (0.0.w1 LO v‘ k v V W 40, 'r; c r -..-0 L ( iv-v-; naTed -77.-LA �1C� �QrM G G Zoning: N Agricultural E Agricultural S Agricultural 14 Agricultural COMMENTS: reCc_Dw, r e 4 a.CCe55 To oe vouTeed -T 2oz To 7SoCA-CAI& 7jr 2- O ; lies( To Cou, , 7' L'ive, e eto, G� . RDdoa k05 MAR 2 8 1989 Signature of Board Member L_ ,___ a Vivid Cu. Plan„mti .mcmossluu . 890424 REFERRAL LIST NAME: C & M COMPANIES (DISTEL FARM RESOURCES) CASE NUMBER: USR-877 REFERRALS SENT: March 14, 1989 REFERRALS TO BE RECEIVED BY: March 28, 1989 COUNTY TOWNS and CITIES Attorney Ault X Health Department _Brighton Extension Service _Dacono Emergency Management Office Eaton Sheriff's Office Erie XEngineering _Evans Housing Authority Firestone _Building Inspection _Frederick Garden City STATE _Gilcrest X Division of Water Resources _Greeley _Geological Survey _Grover X Mined Land Reclamation Hudson _Highway Department _Johnstown Historical Society _Keenesburg X Water Conservation Board _Kersey Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS X Longmont Ault F-1 Mead _Berthoud F-2 _Milliken _Brighton F-3 New Raymer Dacono F-19 _Nunn _Eaton F-4 Platteville _Hudson F-7 _Johnstown F-8 COUNTIES La Salle F-9 _Adams X Longmont F-10 X Boulder _Milliken F-11 _Larimer _Nunn F-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 X US Army Corp of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer _Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission __Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. Greeley _Panhandle Eastern Pipe Line Co. X Longmont Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER X Ivan Gosnell 890424 MEMORRI1DUM Keith Schuett, Planning Marn 1989 m4: O To Date COLORADO From Drew Scheltinga, County Engineer C & M Companies (Distel farm Resourses) USR-877 Subject: According to Table G in the application materials, C & M Companies anticipates 200,090 tons in annual sales of material. If we consider the pay load for each truck as 15 tons, hauling for eight months out of the year, and twenty working days per month, this site will generate 50 truck trips per day. Obviously, that is a major impact on the Weld County road system in the area. Bridge.20.3/3A is immediately east of the site. It was originally a wooden • bridge that has been widened on each side with steel stringers. It is presently rated at 36 tons for the configuration of truck that will haul material from the site. The maximum legal weight for that vehicle is 42 1/2 tons. The applicant indicates that he must haul to the west to Weld County Road 1 and then north to Colorado State Highway 119, and south to Colorado State Highway 52. Extensive gravel mining has been permitted in this area. Road 7 has been identified as the haul route for these pits and has received substantial construction and repair from the original operators. Also, Weld County has maintenance and improvement agreements with these operators. It is my opinion, directing the traffic from the C & M site east to County Road 7 and then north and south, is the desirable haul route. A recent traffic count on Weld County Road 1 at Weld County Road 20 indicates there are 1590 vehicles per day on the-county line. That is a very high traffic count for a two-lane road with the geometery of Road 1. Adding 50 gravel hauling units is not advisable since another route exists. Also, neither Road 20. 5 nor Road 1 has had the repairs and upgrade to support gravel hauling, as has Road 7. Keep in mind, depending on which statistic we choose to use, one loaded truck puts the same stress on pavement as does 8,000 automobiles. I recommend the Road 7 haul route be preserved. The applicant should be required to investigate the possibilities of making structural modifications to Bridge 20.5/3A that would support their hauling. If that is not cost effective, replacement alternatives should be discussed. \I NA 3 0 1989 Weld Cu. Plamwg Gummsaw 890424 Memo to Keith Schuett, Planning C & M Companies Page Two The maps accompanying the application materials indicate the access would run along the abandoned portion of the Burlington Northern Railroad right-of—way and intersect Weld County Road 20.5 at a very sharp angle. This condition is unsafe for turning truck traffic and should not be allowed. The applicant should indicate how he will safely -access -Road 20.5, and provide the appropriate plans. The applicant should be required to enter into a Roan Maintenance and Improvements Agreement, as have the other operators in the area. DLS/mw:prc&m xc: Commissioner Lacy Planning Referral File - C & M Companies, USR-877 890424 ,q. ,,, 4 ,,,, mEmoRFinDuni wlige. To Weld County Planning Date March 23, 1989 COLORADO From Environmental Protection Services glieeklaAllyvfctic Case Number: USR-877 Name: C & M Companies Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall to stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust must be confined on this site. 5. A vault, is required for the proposed gravel facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. The septic system is required to be designed by a Colorado _ Registered Professional Engineer according to the_Weld County Individual Sewage Disposal Regulations. EPS/dgc t 1 : 1,A AR 2 A 19H9 gl §aso424 ffel�i fu. LONG CD DEPARTMENT OF DOMMUNITY DEVELOPMENT PLANNING DIVISTDN Civic Center Lamplex / Longmont, DO 80501 (303) 651-8330 °ZOR,IN.S) March 22, 1989 Mr. Keith A. Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, DD 80631 RE: Case Number USR-877 • Dear Mr. Schuett, Thank you for sending to the City of Longmont for _our review the application from C & M Companies (Distal Farm R-esources) for a site specific development plan and a special review permit for an open-pit mine and materials processing facility. The proposed 114 acre site is located between the St. Vrain River and WCR 20§ approximately 1.5 miles east of County Line Road. As the City has commented on -similar applications, we are concerned about air -quality: notably particulates . The City trusts that through the various county and state review 'processes, any air -quality impacts will be identified and mitigation actions specified. According to the -application materials, 75% of the truck traffic is estimated to travel north on County Line Road to SH119. Then the application estimates that 25% of the trucks will travel west on SH119, and 50% will travel east. If this additional truck traffic requires any modifications to the SH119/County Lire -Road intersection, the City requests that such modif- ications be resolved during your review. Again, thank you for the opportunity to comment. If you have any questions , please call either Froda Greenberg or me at 651-8330. Sincerely, 103 Marta Bromschwig, -AIOP ' Planning Director �r ''IR 9 ^. 1989 MB/cr L xc: Phil DelVecchio, Community Development Director Weld Co plm;,,n ;,;mnllc+r: File: #2050-8 890424 -yy�rt P. t ;+• Y c :4�F.Syu '^ r 't'}. .�-`•:� -x..n ,3,, :k•` s.y�x :. .,r3m l: r,� x :.�li,.:�, . •^1: ,r:;i* £gr 4 4r tit' DEPARTMENT }DT THE -AR-MY I, OMAHA DISTRICT. CORPS OF ENGINEERS . 4, &/ •j ROCKY MOUNTAIN AREA otib'L=,,,,Ct p• T860 S. CIRCLE DR.. -NORTH BLDG.. SUITE GL 10 O'frfrffof COLORADO SPRINGS. COLORADO 80906-4188 REPLY TO March 21, 1983 ATTENTION-OF Platte River Resident Office U.S. Army Corps of Engineers 9307 St-ate Highway 121 Littleton, Colorado 80123-5901 Keith Schuett Weld County Department Of Planning Services 915 _Tenth Street Greeley, Colorado 80631 Dear Mr. Schuett: Reference is made to Case Number USR-877, Distel Farm, Use by Special Review for a mining operation located in Section 8 and 17, S-2-N, R-68-W, Weld County, Colorado. During a March 21, 1-989 site visit canducted ty me, it was found that wetlands exist an this parcel of land. See attached maps showing the approximate wetland locations. The review of the mining plan shows what appears to require the filling -of wetlands at the plant site which may impact approximately 4.34 acres DI wetland. As you know, the Corps of ingineers has Regulatory jurisdiction over waters of the United States which include adjacent and isolated Wetlands, pursuant to the provisions of Section 404 of the Clean Water Act (33USC1344). Under this act, prior authorization is required from the Corps of Engineers for the discharge of dredged or fill material riverward o the ordinary high water mark -of waters of the United States and into wetlands. This Regulatory jurisdiction is administered under Federal Regulation 33 UFR 320-330. - Therefore this ioffice should We contacted for proper Department -of the Army Permits. Please find enclosed Department of the Army permit Application material. If you have any questions -concerning this matter, please feel free to contact this office -or call Terry McKee at 303/97-9-4120. Sincerely, cf: Terry McKee Permit Files Environmental Resource Specialist Omaha Permits Branch 890424 V \ 1 II it \ �. \ T.3 N. <966 \ \ `. 4995 G L � l / � <9 • T.2 N. i •a ' V - I ) 1 � <955 • V - ..J I. _ - pj1� ER.. 49SO �� N I ' WESTERN J \ � GP _. _ - - o GREAV 0, 5 /Ir,. l b . / /• 9. 10 f Ism + cc-) �, 4446 I '� i r y .�<ev o , 1 11 1// S Midwest G92i� / �, 9. / [936 ��• •Children Home -- — '� — - — il ,;� pill ,� _�� ; D'� „,, ; III _ f z I z �" al ) ;I " ".Gravel Pt ‘, U - 9 _ - 0 h yBG,p,L / � 4444 cT • \/ / 11 GBfiB �� _ 9 4 1 -4,3-1 4.4.• /4.,, „ (, ' C. o I}PP I;� .� o_' I 9T9 W<TLAN➢ "92 Pts_Nk S,Le /7,1-# i'�� ' IJ ' 9 Jecsum �` , 4892 a BM '-4443 II na98-.e�=_ 16 878 1499 • ' 921a " • 117 n. \\\\,� I ' , •Pion CL-Cb A A ,_ AN Q% �� I G L , 1[931_ _ I_ \////�/\ Y 00 .i: \ Lt,.'4-- 1 ( / tTI5 .7 ,i,r ,_,,,,, .____ __-ii, 1 \ • .. ' - $) un Nev 1196 2'30• 4971 /T� 498 • 1wnnIon_emiomcAL sJ:;:;RESTON.VInci I._Ive9 105"d0, '. 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Q a —i 3 890424 ¢' =Wig p ROY ROMER coO JERIS A. DANIELSON Governor State Engineer /8764y OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 q April 3, 1989 ( APR 6 1989 Mr. Keith A. Schuett Field Co. Pbualn? �0mnuslu. Weld County Planning Department 915 10th Street Greeley, CO 80631 • Re: C & M Companies, Distel Farm Resources, USR-877 SE1/4 SW1/4 and SW1/4 SE1/4, Sec. 8 and N1/2, Sec. 17, T2N, R68W Dear Mr. Schuett: We have reviewed the above referenced proposal to allow a gravel mining operation on 114 acres. Two ground water lakes will be created by mining with a total surface area of 78.6 acres. Evaporation of ground water is considered a beneficial use and, therefore, well permits are required prior to excavation creating the lake surface. Since the pits are located in an over-appropriated area, the well permits could not be issued without an approved plan for replacement of losses to the system. The information submitted discusses a plan for augmentation apparently using the applicant's rights to the Coffin and Davis Ditch. We have no record of such a plan being approved by Water Court. We cannot recommend approval of this proposal until the applicant has obtained approval of a plan for the replacement of the losses to the system and a well permit for the proposed lakes. Sincerely, Ida Lona Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:1499I cc: Alan Berryman, Division Engineer Steve Lautenschlager 890424 Noinnommor Post Office Box 471 • Boulder,Lolorado 80306 } WWuIde`raa.. Land Use Department �_.Count . / 2040 14th Street•14th&Spruce Streets•Administrative Services Building,2nd Floor•Boulder,Colorado 80302•(303)441-3930 March 28, 1989 Keith A Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case number USR-877 C & M Companies (Distel Farm Resources) Dear Mr. Schuett: The Boulder County Land Use Department staff has reviewed this request tor Special Review and Site Specific Development Plan for an open-pit mine and materials processing facility submitted by C & M Companies. After consultation with the County Public Works staff, our only question concerns traffic impacts to County Line Road. The report did not provide an estimate of number of daily trips; this information would certainly be helpful and is requested by our staff in evaluating the project. Thank you for the opportunity to comment on this matter. Please do not hesitate to contact me if you have questions concerning this response. Since��rely��, eezirCiQ/7s).._f O-rt - Barbara M. Bryan Long Range Planner BB/nj qv c: Bruce Johnson, Public Works Department MAR 2 9 1989 Weld Co. Plannlnt unmuusiml 890424 Josephine W. Heath Ronald K. Stewart Herbert E. "Buz" Smith,Jr. County Commissioner County Commissioner - County Commissioner DEPART NT OF PLANNING SERVICES ' ¶$ PHONE(303)356-4000 EXT. 4400 �,x2. 915 10th STREET Y tin( GREELEY,COLORADO 80531 A J5 " CASE NUMBER USR-877 . COLORADO March 14, 19B9 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies (Distel Farm Resources) for a Site Specific Development Plan and a Special Review permit for an open-pit mine and materials processing facility. The parcel of land is described as part cf the SE} SW} and part of the SW} SE?; of Section 8, and part of the N; of Section 17, all iu T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 20-1/2, approximately 1 .5 miles east of Weld County Road 1 . This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by March 28, 1989, so that we may give full consideration to your recommendation. Please call. Keith A. Schuett, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our_ address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. o _ect F 1;12. We do not have a Comprehensive Plan, but we feel this request -_ (is/is not) compatible with the interests of our a r town for the following reasons: GI o _ gijZ1 • g We have reviewed the proposal and find no conflicts with our interests. 4. E_ formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:_ tiP. c, ,.. a Agency: Longmont Soil Date: March 23, 1989 Conservation District 890424 rti-s , '\, _,\ v - - _H\ \.,:\,,U J=fIV.C.aS i ;r= � ( z'� ,-.T seeaC PHONE(303)356-4000 EXT.4400 , 91510th STREET • nii, y,W.. GREECEY, COLORADOS0631 Yr its ` /[ w♦ t t A taa1� r-,, 16 ky-rf ' `"1;+. 0;:'_a CASE NUMBER USR-877 COLORADO March 14, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies (Distal Farm Resources) for a Site Specific -Development Plan -and a Special Review permit for an open wit mine and materials processing facility. The parcel of land is described as part cf the SE} SW} and part of the .SW} SE of Section 8, and part of the N; of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application hes been submitted is north of Weld County Road 20-1/2, approximately 1 .5 miles east of Weld County Road 1 . This application is submitted to your office for review and _recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by March-28," 1989; so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. C . c1 - f2. We do not have a Comprehensive Plan, but we feel this request s ' (is/is not) compatible with the interests of our D = town for the following reasons: c We have reviewed the proposal and find no conflicts with our l dui_ interests. . 4. E. formal recommendation is under consideration and will be submitted to you prior to: - 5. Please refer to the enclosed letter. LC'tiC' ,vv i F=/ite Signed: 70,12.,1%26c Cono Agency: parr. D/s7/e/c T- Date: -..ufL— 69 890424 Mailing List C & M Companies (Distel Farm Resources) USR-877 C & M Companies • P.O. Box 490 7916 Niwot Road Niwot, CO 80544-0490 Melba G. Distel 1443 Weld County Road 20-1/2 Longmont, CO 80501 C & M Ready Mix Concrete Company of Boulder 271.6 Niwot Road Niwot, CO 80544-0490 Frank S. and Andrea P. Bigelow 990 East Highway 119 Longmont, CO 80501 Charles R. and Shirli Mae Hayes 998 East Highway 119 Longmont, CO 80501 City of Longmont Civic Center Complex 3rd and Kimbark Longmont, CO 80501 Tull Cattle Company c/o Richard Meyer Flatiron Sand and Gravel P.O. Box 229 Boulder, CO 80306 Ted L. and Janine Cox 1767 Weld County Road 20-1/2 Longmont, CO 80501 Anita Terhune 1710 Weld County Road 20-1/2 Longmont, CO 80501 Lee Ervin Olson 1738 Weld County Road 20-1/2 Longmont, CO 80501 890424 Mailing List C & M Companies (Distel Farm Resources) USR-877 Page 2 Herman and Betty Schlagel 1262 Weld County Road 20-1/2 Longmont, CO 80501 Equitable Life Assurance Society of the United States P.O. Box 2926 Overland Park, KS 66201-1326 890424 Affidavit of Publication STATE OF COLORADO County of Weld ss. I A-Winkler Rlesel of said County of Weld being duly sworn,say that l am publisher of PLATTEVILLE HERALD that. the-same is a weekly newspaper of general circulation was NOTICE Of PUBLIC HEARING printed and published in the town of The Weld County Plan Ihg PLATTEVILLE Commission will hold • nubile in said county and state that the notice of advertisement. of which hearing on Tuesday, April 18, the annexed Is a true copy has been published in said weekly 1909, at 1:30 p.m.for the purpose of considering a Site Specific newspaper for Development Plan and a Special Use permit for the property de- d.72 j-�.�� consecutive weeks: scribed below. Approval of the that the notice was published in the regular and entire issue of every request may a vetted number of said newspaper during the period and time of-publication property right pursuant t o of said notice and to the newspaper and not in a supplement Colorado Law. n proper PP APPLICANT: C 8 r Companies thereof:that the first publication of said notice was contained in the (DItW Farm Rnennrrnsi m,^of said newspaper bearing the date of LEGAL DESCRIPTION: Part of i/'),s,(„/ �// ['d the SE 4 SW and part r the /%/ �/A.D..19✓2 and the last publication SW 1/4 SE 1/4 of Section 8, and part o/theme!1/2 of Section 17, all thew'in the issue of said newspaper,bearing date. ,l to T2N, R68W of the 6th Pdt., -Weld County, Colorado the 2 Z day of TYPE AND INTENSITY 0 F — _. PROPOSED USE: Open-pit mine 19�� that the said and TIN processing. LOCATION: North of Weld County Road 20-1/2 and apptox- PLATTEVILLE HERALD Imately 1.5 miles east of Weld County Road 1. has been published continuously and uninterruptedly during the SIZE: 114 acres, more or less period of at least fifty-two consecutive weeks next prior to the first The public hearing will be held issue thereof containing said notice or advertisement above referred in.'the -Weld County to: and that said-newspaper was at the time of each of the Commissioners' Hearing Room, publications of said nolice_duly_cualified for that purpose within the First Floor, Weld County meaning of an act entitled. "An Act Concerning Legal Notices. Centennial Center, 015 Tenth Advertisements and Publications and the Fees of Printers and Street, Greeley, Colorado. Publishers thereof,and to Repeal all Acts and of is in Comments_or obieeuona related Conflict with the'Provlsiocl_s of this Act"approved April 7, 921 and to the above writing shows be all ndme ereof. and r emdnded act submitted In tme to the Weld P y Y County Department-of Planning app cdC� /. 4,-/-9 d a roar /. 931. 342, Gr, l y Tenth StreColorado Room 11((// C,�// .a 1 Sere es, 915, 8063 1, ,��/�, / /� before the above date or pre- - /, Publisher tented at the public hearing on /v April 18, 1889. Copies of the application are Subseilb'dd7 and warn to liff,:e me this 22----day of available for public Inspection In , D. 19, the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 — Phone -- 356-4000, Extension- ' I" / V Notary Public •400. , Q 1 5 D 7 V E R A V E N U� . Bud Handorson, Chairman Weld County Planning Commission I FT. LUPTON, CO 80627 Published In the Platteville Herald, March 22, 1989. 7, My commission expires June 1992 /� Vt. 1........�^ 1i1.(J 11._re 2[111082 c.i5 nfS;'t �r� Imo• ��Ilf r , P 9 1 IQ J1 l 890424 •zln 1>, MEMORANDUM COLORADO WATER CONSERVATION BOARD I. William McDonald Director TO: Larry Lang FROM: Mark MatuliirttQ DATE: April 11, 1989 SUBJECT: Review of Mining Permit Application Distel Farm Resource Weld County, Colorado I have reviewed the attached document and offer the following recommendations . The Distel -Farm Resource, Mining Permit Application is a request for approval from Weld County to conduct open pit mining of aggregate for Its concrete plants in Weld, Adams , and Boulder Counties . The transmittal letter from the consultant who prepared the study, Tuttle, Applegate, ltindahl, Inc . , to the county planner states "This type of use is encouraged by the County in floodplain areas . " The Cody of the study follows, where at Exhibit D (_page D-1) maps are provided which clearly show the larger part of the mining operation being conducted in the 100 year flood -hazard area of St. Vrain Creek. Following the type of statement made in the transmittal letter, I reviewed the Weld County Zoning Ordinance, August 2, 198B . Re-ctinn 53 is the Flood Hazard Overlay District. -Under Section 53 .2 Purpose, the following provisions are set forth. - 53 .2 . 1_0.3 Controlling the alteration of natural floodplains , stream channels a natural protective barriers, 'which help accommodate flood flows , b a 53 . 2 . 10.4 Controlling filling, grading, dredging 1:5") and otter development which may increase flood :9" damage, and 6 J 7.3 A w - 53 . 210. 5 Preventing and regulating the co zl _construction of flood barriers which unnaturally E o divert flood waters which may increase -flood r ha2ards in other areas . r � 9804E 890424 Section 53 . 5 . 2 states "Nothing in these regulations shall b-e construed as exempting an applicant for a Flood Hazard Development Permit or from any other Weld County regulatory requirements . " As such, the applicant should be required to obtain and fill out a "Flood Hazard Development permit" before the mining operation begins . Section 33 .5 . 1. 4 states : "No encroachments, including fill, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, and other DEVELOPMENT shall be permitted unless certification by a registered professional engineer or architect is provided demonstrating that encroachment shall not result in any increase in FLOOD levels during the occurrence of an INTERMEDIATE REGIONAL FLOOD. " More importantly Section 53 . 6 . 1:7 states : "Land within the FW (Floodway) District shall not be used for the storage or placement of the following: ₹lamable or explosive materials, sand and gravel and other mineral deposits, fill material, and materials that, in times of FLOODING, are buoyant . " Exhibit O. at page G-1, states that "stockpiling of the aggregate will occur outside the ₹loodplain. " Therefore, it is possible that the mining activity could improve conveyance on St. Vrain Creek in the project area. MDM/gl 8904.24 -2- adsAPar AV C & M COMPANIES DISTEL FARM RESOURCE APPL CATION FOR A MINING USE BY SPECIAL RE ;Ew FERiV T N WELD COUNTY, COLORADO MA-RCFI 1959 Y Ti iTTI F ECATF RINDAHL. :NC Cnnsuitants fa land and Re>a.ica Gc.c1w::.ent 830424 TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development March 8, 1989 Mr. Keith Schuett Weld County Department of planning Services 915 Tenth Street -Greeley, CO 80631 RE : Distel Farm, Use by Special Review for a Mining Operation Dear Mr. Schuett: With this letter we are requesting a Use by Special Review for a mining operation within the agriculture zone . We are including for your use the complete Regular Operations application for a 112 permit as administered by the Colorado Mined Land Reclamation Division. This application will fully d-escribe our proposed use of mining and the final reclamation as proposed. Any additional information as requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and -application fee. The proposed mining operation is consistent with the Weld County Comprehensive Plan. The pit is necessary to provide aggregate to t&M' s concrete plants in Weld, Adams, and Boulder Counties and for construction materials for the I-25 Mixed Use Development area. The subject property is adjacent to the I-25 MUD area. -The proposed use is consistent with the intent of tha District, since this area contains a valuable resource and will be restored to a beneficial use . The reclaimed after use is pond and pastureland, which is compatible with adjacent agriculture uses . The St. Vrain "Corridor" is of interest in this area for passive recreational uses. This reclamation plan does not limit any recreational potentials. This operation will not adversely impact the agricultural economy of the County, and the water rights of other irrigation users will be protected. The Reclamation Plan shows mining will have a large setback ( 1/4 mile) from the County road to allow reclamation -and continued use as pastureland. This reclamation scheme is consistent with existing land uses as well as anticipated proposed land uses. Agriculture is presently found surrounding the property. 'The application complies with the County Flood Hazard Overlay District ]Regulations. -The reclamation of the pit is proposed as ponds, for use as a wildlife habitat. This type of use is encouraged by the County in floodplain areas. Pleas refer to the submitted Flood Hazard Development permit application for a more detailed analysis. 890424 11-990 Grant Street Suite 410 Denver, Colorado 80233 452-6611 TUTTLE APPLEGATE RINDAHL, INC. r Consultants for Land and Resource Development Mr. Keith tchuett Weld County Department of Planning Services March 1 , 1989 Page 2 The use is proposed to be located in the "A" District. The applicant has -made a diligent effort to conserve productive agricultural lan-d -by locating the use adjacent to the -St. Vrain corridor while leaving areas south for continued agricultural use. The use will not adversely affect agricultural ditches, swells, or senior water rights . The applicant will -comply with all conditions cf State and local permits thus insuring the protection of the health, safety, and welfare of the inhabitants o₹ the -neighborhood and the County. Specific conditions will apply to air quality, water quality, noise , on-site mine safety, and reclamation according to applicable state permits . Noise from the processing site equipment at the property line -will not be a problem. The closest -processing site is a -minimum of 1 , 500 feet from Weld 'County toad 20-1/2 . This distance will adequately dissipate any noise -which could be l-ouder than the noise created -by vehicles on the gravel toad. The nearest residence is 1 , 500 feet away. At this -distance all noise will be less than the agricultural noise standards developed by the State Department of -Health. Compatibility with surrounding land uses is insured by location and setbacks . To the west, north, and east exist agricultural lands -which are not affected by the proposed operation. To the south exists the Distel -farm residence, but the 1 , 500 mining setback safely separates the house from the -operation. The mining and processing operations will generally work nn one 8-10 hour shift, t-6 days per week. It is expected the operation will employ live workers on-site. There will be no animals allowed near the mining and processing activities of the proposed use. Vehicular traffic and access routes are discussed in the accompanying "Traffic Patterns" st-atement. The statement has been provided separately for ease cf reference by -County Engineering personnel. Domestic sewage facilities will consist of one portolet at the scale house. There will be no permanent structures proposed with this use . A portable conveyor, processing plant, and scale house will be erected for -use with the site mining. The equipment used is delineated on the Use ty Special Review application and in the attached Exhibit D. 890424 TUTTLE APPLICATE RINDAHL, INC. Consultants-forland and Resource Development Mr. Keith Schuett Weld County Department of Planning Services March 1 , lg8g Page 3 In order to minimize the visual impact of the operation, the mining is divided up into specific small scale phase=s. These phases will limit the amount of disturbed ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular phase the reclamation will be-gin, which includes the planting of trees. Phasing is shown on the attached Exhibit C . More trees will be re-established on the site than presently exist. In addition, all the trees along the oxbow of the river will remain within the 150 toot setback-s . Detailed reclamation _plant are discussed in the attached Exhibit E and shown on Exhibit F . The pit is located in the floodpl-ain as defined by the Federal Emergency Management Agency (FEMA) and -shown on the Flood Insurance Rate Map (FIRM) . The north and eastern portion of the site are shown in a zone designated as Zone A, "areas of 100-year flood; base flood elevations and flood hazard factors not d-eterminet" . The south and west portions of the site are not locate-d in the floodplain as defined. The operator will comply -with Section 53 ant 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. Stockpiles will be aligned in the same direction of the stream flow, therefore, minimizing the potential to increase the depth of -backwater from the site . The stockpiles will be located in areas of minimal floodwater -dept-h, therefore, reducing the potential of altering the water course ant retu-sing the potential of the materials becoming buoyant and leaving the site. Approximate sizes and locations of stockpiles, plant site, material storage, an-d sedimentation ponds are shown an the accompanying Exhibit C. The operation scale house will be equipped with a lire extinguisher. Other extinguishers may be provided at the project plant site . The site will lie -within the xongmont Rural Tire Protection District. C t M Companies carries -general business liability insurance to the extent of not less than 5100,-000.W. The Regular Operations application Exhibit G -discuset the availability of water for process washing ant the availability tf water rights for supplemental water for consumptive use as determined in the -augmentation plan already submitted to the -Water Court. Drinking water on-site will be provided by the operator in the form of bottled water. Y =Mire re riM renal TUTTLE APPLEGATE RINDAHL, INC. rer Consultants for Land and Resource Development Mr. Keith Schuett Weld County Department of Planning Services March 1 , 1989 Page 4 This mining operation will not cause injury to vested or conditional water rights along the St. Vrain River. The district Court for Water Division I is currently reviewing the filed augmentation plan. The title policy and lease agreement between C & M and Ms. Distel is included in the attached Exhibit 0, to demonstrate the applicant' s interest in the property. Soils information is included in the attached Exhibit I. The soil does not pose limitations to the proposed mining use. Cordially, TUTTLE APPLEGATE RINDAHL, INC. Daniel P. Giroux, P. . DPG/mo Encs. cc: File *88-181 890424 WELD COUNTY, COLORADO SPECIAL USE APPLICATION for OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Department of Planning Services, 915 - 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 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 Feet Recording Fee Receipt *: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1 . I (we ) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut gravel (gravel, coal, borrow pit, etc. ) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION The SE 1/4 of the SW 1/4 of Section 8 Township 2 North. Range 68 West, and, the SW 1/4 of the SE 1/4 of Section 8, Township 2 North, Range 68 West, less the S 1/2 of the SE 1/4 of the SW 1/4 of the SE 1/4 of said Section. and, the North 1/2 of the NW 1/4 of the Ne 1/4 of the Nw 1/4 of Section 17, Township 2 North. Range 68 West. Being 79 acres more or less. The parcel under lease is described as follows: The N 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 and, the S 1/2 of the N 1/2 of the NE 1/4 of the NW 1/4 and, the N 1/2 of the S 1/2 of the NE 1/4 of the NW 1/4 and, the NW 1/4 of the NW 1/4 of the NE 1/4 , All in Section 17. Township 2 North, Range 68 West of the 6th P.M. , Being 35 acres more or less. Part of Section 31. Township 6 North, Range 66 West of the 6th PM, Weld County, Colorado. Total acreage of use is 114 acres, more or less. 2. Surface owner(s) of area of land described Name:C&H Companies Address:7916 Niwot Road Phone:443-1099 Niwot, CO 80544 Name:Melba G. Distel Address: 1443 WCR 20-1/2 Phone: 776-3353 Longmont,CO 80501 890424 3. Owner( s ) of mineral rights to substance to be mined Name:C & M Companies Address:Niwot, CO 80544 Phone : 443-1099 4 . Source of applicants' legal right to enter and to mine on the land described:Please refer to Exhibit 0 of accompanying packet. Lease with Melba Grave Distel : title policy from Transamerica Title 5 . Address of applicant and general office Applicants Address:7916 Niwot Rd;Niwot,CO 80544 Phone : 352-6057 General Office Address:Box 490,Niwot,CO 80544-0490Phone: 352-6057 6 . Identify any prior permits for mining held by applicant or affiliated person:MLRD H-84-198: MLRD M-82-225: MLRD H-73-107 (All Boulder County) 7 . Description of Operation a. Types and number of operating and processing equipment to be employed: Portable Conveyor*2, 500-3,000feet: Crusher=1; Screen= 2; Dewatering Screwel :FrontLoader_2 :Excavator-1 :Classifier-1 ; Scale House/Office- 1: 25-Ton(End)Dump Trucks=12 : Please see attached Exhibit D. b. Maximum number of employees: 8 , and number of shifts : 1 c. Number of stages to be worked: 10 phases , and periods of time each is to be worked:Approximately one year will be spent mining each phase, dependent upon material market. d. Thickness of mineral deposit: 4 to 17 feet, and thickness of the overburden:0 to 7 feet. e . This will be a wet/dry pit operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point( s) (must be coordinated with County Engineer) :Site access will be from WCR 20-1/2 . Traffic will use WCR 20-1/2 west to County Line Road. Please see accompanying Traffic Statement. Have coordinated with Drew Scheltinga. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) :Pastureland and ponds b. Source of technical advice for reclamation: Colorado Division of Wildlife, USDA Soil Conservation Service c. Explanation of Reclamation Process:Side slopes graded to no steeper than 3H: 1V. Topsoil will be stripped, stockpiled, and redistributed for seeding throughout, as mining progresses. Shorelines will be graded, topsoiled and seeded for reclamation. Compacted areas-plant site, stockpile areas, haul areas- will be scarified, topsoiled, and seeded. For a more comprehensive description, please refer to Exhibits E and F of the accompanying packet of materials. 890424 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF Weld STATE OF Colorado eratada \ • cu Signature: Owner/Authorized Agent urr,, Subscribed and sworn to before me this � day of co. � ..•• )fir ` SEAL NO ARY PUBLI "% " i V'93's Hy Commission expires: s .',_ itt, j "t;;;,,„7,1 $90424 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject PropertyDistel Farm, T2N, R68W, Sections 8, 17 , Weld County, Colorado 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 live 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 Irom the records of the Weld County Assessor shall have been assembled within -thirty (30) days of the application submission date. tICka-A-4 ‘. , atLILL/1 .. The foregoing instrument was subscribed and sworn to before me this 3'r` day V-�- c�.�--c L , 19.4 by' to . WITNESS -my hand and official seal .otei ,. !y Commission expires: ('94`'=�1 ,f' t , . T7 -3 i:t9E(J\ `n • d,• 211,40.r.y blic .��t4"1� �;liruxo. 890424 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Parcel Identification Owner of Property (Surface Estate ) . Number Address 1313-08-000-017 Distel, Melba G. 1443 Weld County Road 20-1/2 Longmont, CO 80501 1313-08-000-017 C & H Ready Mix Concrete Company of Boulder 2716 Niwot Road atiwot, CO 80544-0490 1313-08-000-028 Bigelow, Frank S . & Andrea P. 990 East Highway 119 Longmont, CO 80501 1313-08-000-033 Hayes, Charles R. & Shirli Mae 998 East Highway 119 Longmont, CO 80501 1313-08-000-032 City of Longmont Civic Center Complex 3rd and Kimbark loongmont, CO 80501 ATTN: City Clerk 1313-08-000-030 City of Longmont Civic Center Complex 3rd and Kimbark Longmont, tO 80501 ATTN: City Clerk 1313-17-000-027 lull Cattle Company -c/o Richard Heyer flatiron Sand and Gravel P. 0. Box 229 Boulder, CO -80306 1313-17-000-035 Lox, Ted L. & Janine Cox 1767 Weld County Road 20-1/2 :Longmont, CO 80501 1313-11-000-057 Terhune, Anita J. 1710 Weld County -toad 20-1/2 Longmont, tO 80501 1313-17-000-056 Olson, Lee Ervin 1738 Weld -County -toad 20-1/2 Longmont, CO $0501 890424 1313-17-000-013 Schlegel, Berman ( 1/2 Interest) S-chlegel, Betty ( 1/2 Interest) 1262 Meld County Road 20-1/2 L-ongmont, CO 80501 1313-17-000-022 Equitable Life Assurance Society of the United States P. 0. Box 2926 Overland Park, -KS 66201-1326 1313-17-000-048 Equitable Life Assurance Society of -the United States S. 0. Box 2926 _Overland Park, -KS 66201-1326 1313-17-00-0-949 Bigelow, Frank S . & Andrea -P. 9'90 East Highway 119 Longmont, CO 80501 1313-1-7-000-V52 C & M Ready Mix Concrete Company of Boulder 7;916 Niwot Road Niwot, CO 80-54-4-4090 890424 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE • Application No. Subject Property Distel Farm T2N, R6aW, Sections 8, 17 , Weld County, Colorado 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 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. acCUS1..LA . CAdkit.tA The foregoing instrument was subscribed and sworn to before me this :' day of Ni\f. V'10 , 1gfl By y``�1;urrurrurr04, WITNESS my hand and official seal . , ,,. : ' ° •., �a%. VI V�` p My Commission expires: `��-�6 " "%rrrr•NO x \ Notary 1pu -890424 Mineral Owner of Sand, Gravel, and Unclassified Soil: C & M Companies P. 0. Box 490 7916 Niwot Road Niwot, CO 80544-0490 Oil, Gas, and Mineral Leasee : & M Companies T. 0 . Box 490 7916 Niwot Road Biwot, CO 80544-0490 890424 Traffic -Patterns C -& H Companies -has a fleet of 2-5 trucks for material -hauling. These trucks are 25 ton -end dumps. The total number of trucks running to this operation will be dependent -on market conditions and will vary on a -continuous -basis. The general market area ±or the pit -will consist of three specific locations: ( 1 ) Longmont; ( 2 ) Broomfield; and ( 3) the greater Metro Denver area. The location map for truck haul routes -shows the estimated -distribution of traffic . Approximately 25% -will go to Longmont, 25% to Broomfield and 50% to the greater Metro Denver area. The proposed haul route will go west to County Dine Road and bifurcate . -Broomfield traffic will go south to State Highway 52 . Longmont and Metro -Denver traffic -will go north to State Highway 119 and then continue either west to Longmont or east to Interstate 25 . Traffic is not routed along -County Road 20-1/2 to County Road 7 because of a load limit on Bridge 3A located directly east of the Distel property. The load limit -is 37 tons and will not allow the use of the 2-5 ton end dumps. If this bridge 1-s npgr-aded to a full rating in the future, Interstate 25 traffic could be rerouted to County Road 1 . Some aggregate material will be imported to the site for proces-sing and mixing for product materials. This importing will be accomplished with the same truck fleet indicated. -To increase -efficiency and minimize traffic and road impacts, the import aggregate will be hauled on return trips of fleet trucks -delivering product materials. Because of this routing, overall truck trips -would not be affected. 890424 �Z 1 4 0 J M N ..� -\_ a a I-- -Cr�. ; - -- --i / i '= C SI I1 Z]89 I.. x - . t! i. �� '1nn I w_it u V I o I-2 .ZT\Tfl2'i ± 'tY LU i O , /L __. 3i I -- c O ) 0 IQ 4 ',a --LS ci it _to A _coif j 3 i / . 4 ` look + . , %9L �..L. 1 :1 )0:1 130-1,1013 1 , 'BUY ._.l - ) a131dWDOU8 to i i -� - c •. ' �� 1I i6DSJ' Zi rdl-• ti LL, f�`:- • i.'-w ' I -, i . • Ta— • ICI `tom i;` i /, • Ifyi 1p \ i, i .e rI •,/) c� i iu ' I.I rI' _ /'E \ (fJ � j \ v f � � - ! ° , f� �� j o ,� •1 ,> ,. _ I 12 a , d _ � �z- r" i i "Z-CD1 ' \' al i \ i --fMi a al! i A'. 11 11 I Z-.� 1 E ; \, . _ A i 11.IT!, •,/ taw I � o� T\',, . C & M COMPANIES DISTEL FARM RESOURCE APPLICATION FOR A REGULAR OPERATION ( 112) MINED LAND RECLAMATION PERMIT IN WELD COUNTY, COLORADO MARCH 1989 TUTTLE APPLEGATE RINDAHL, INC. r Consultants for Land and Resource Development 890424 REGULAR (112) PERMIT APPLICATION FORM This form contains two major parts: (1 ) General Operation Information and (2) Exhibits A-P. When you submit your application, be sure to include four signed copies of the General Operation Information, four copies of Exhibits A-P, and a check for the application fee described under (4) below. To expedite processing, please provide the information in the format and order described in this form. s.= S S LS. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. LLS 1. Applicant/Operator Name: C & M Companies • 2. Operation Name (Pit, mine or site name): Distel Farm Resource • 3. Application type: Regular (112) Permit Operation. 4. Application Fee for Permitted Acreage* 114 permitted acres. (550.00 + 515.00/acre, 1st. 50 acres; 510.00/acre, 2nd. 50 acres; $5.00/acre, 3rd. 50 acres; $1 .00/acre, any additional acreage; maximum fee of $2,000.00).* Note permitted acreage and application fee and attach a check for this amount when you file. $1370 . 00 application fee. 5. Substance(s) to be mined (e.g. , gold/silver/gravel ): sand & gravel 6. Owners(s) of Substance to be Mined (check applicable box(s)): ID Private O State O Federal Cl Indian 7. Owner(s) of Record of Affected Land (check applicable box(s)): Private ❑ State O Federal ❑ Indian 8. Type of Mining Operation (check applicable box(s)): Q Surface O Underground O In-situ 9. Location Information. The center of the area where the majority of mining will occur lies in: COUNTY: yy.ii ll e PRINCIPLE MERIDIAN (check one): p 6th (Colorado) O 10th (New Mexico)O Ute TOWNSHIP (write number and check direction): T 2 p North ❑ South RANGE (write number and check direction): R 68 O East p West SECTION (write number): S QUARTER SECTION (check one): O O NW O SE D< SW QUARTER/QUARTER SECTION (check one): O NE O NW Ip SE O SW GENERAL DESCRIPTION: (miles and direction 3 miles east of Longmont from nearest town and approximate elevation) Rlavatinn • AARfl * If the operator is a unit of State or county government, an application fee is nfl required. A fraction of an acre must be counted as one acre for fee calculation. t� 4,24 -2- ' 10. Correspondence Information APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) individual 's Name: Bob Allen Company Name: c & M Companies Street: B. 0. Box 490 - 7916 Niwot Road City: Niwot State: Colorado Zip Code:80544 Area Code: 303 Telephone: 443-1099 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Mike Applegate Company Name: Tuttle Applegate Rindahl , Inc. Street: 11990 Grant Street Suite 410 City: Denver State: rnlnrado Zip Code: 80233 Area Code: Telephone: INSPECTION CONTACT (if different from applicant/operator above) Individual 's Name: Sompany Name: Street: City: - State: Zip Code: Area Code: Telephone: 11. Primary future ❑ Cropland(CR) 0 Pastureland(PL) CI General Agriculture(GA) land use ❑ Rangeland(RL) ❑ Forestry(FR) 0 Wildlife Habitat(WL) (check one): ❑ Residential(RS)0 Recreation(RC) ❑ Industrial/C-onnercial (IC) U Developed Water Resources(WR) ❑ Solid Waste Disposal (WD) 12. Primary present ❑ Cropland(CR) ❑ Pastureland(PL) ft General Agriculture(GA) land use ❑ Rangeland(RL) O Forestry(FR) O Wildlife Habitat(WL) (check one): O Residential(RS) O Recreation(RC) ❑ Industrial/Commercial (IC) ❑ Developed Water Resources(WR) lb the best of my knowledge, all the information presented on this application form and the attached Exhibits A-P are true and correct (mu be signed by applicant/operator). Date: 2. -2.°E - S9 By: 01/4.tLLA_L e ttZ1t)E 0(C-E. .a SlbE11T , 1 890424 EXHIBIT A LEGAL DESCRIPTION The proposed operation is located on two parcels of property. One parcel is owned by the C & M Companies and the mineral rights to the other parcel is leased from the Distel -family. -The parcel owned by C & M Companies is described as follows: The SE 1/4 of the SW 1/4 o₹ Section 8 Township 2 North, Range 68 Nest, and, The SW 1/4 of the SE 1/4 of Section 8, Township 2 North, Range 68 West, less the S 1/2 of the SE 1/4 of the SW 1/4 of the SE 1/4 of said Section, and, The North 1/2 of the NW 1/4 of the Ne 1/4 of the Nw 1/4 of Section 17, Township 2 North, Range 68 West. Being 79 acres more or less. The parcel under lease is described as follows : The N 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 and, the S 1/2 of the N 1/2 of the NE 1/4 of the NW 1/4 and, the N 1/2 of the S 1/2 of the NE 1/4 of the NW 1/4 and, the NW 1/4 of the NW 1/4 of the NE 1/4, All in Section 17, Township 2 North, Range 68 West of the 6th P.M. , Being 35 acres more or less. 890424 A-1 Z z ) \ Z M • .i,__., Csi . .,,,,,,,,, `L 11 •,41Yiec '2 \Jv � � 3 v ° % CO M O i Q O �aA _Z el 22 f.1 ..k.. I ! t/ '9eta —t, j < B IAN ... r `; O 1 �I .v i :1 17 �.,._ I. a� C F '7'N �.c. 1` �. v A _ / . O ob r � 2 J r. ti 1 1 ° `ciI 99 �� F9 � CM � ,d Mimi � �' Il @ Fu �Irr o " (17 �� ) j l . V �\ r�I��j \� 1 i 9 1. • man °°�% 4sr¢"", \ �.'•: �3ei I •� t ...7 I■7 CC, 03 14301110:1 go I li A ` 'I t �A . -. ry) �'.1 j -L1 1 � li+ `�� Csl 1. ._ v , 'FL- i ) \ I / ' ' /1 CD- y i? a �� ,�� ( ..- 5 i o a 1{{{4 / V ��,. 1 Z lwf ‘ \, \ ,,,\ R ►�II�, cl _ _ _ IRt < ) v A I' �1F m X11: ,„. 7 �k L".� r: A-- ._ �/ 7f- j •94 ., � � v ( 890424 EXHIBIT C LANDOWNERS ADJACENT TO PERMIT AREA: 1 . tistel , Melba G. 1443 Weld County Road 20-1/2 Longmont, CO 80501 2 . C & M Ready Mix Concrete Company of -Boulder 2716 Niwot Road Niwot, CO 80544-0490 3. Bigelow, Frank S. -dc Andrea P. -990 East Highway 119 Longmont, -CO 80501 4 . Hayes, Charl-es R. & Shirli Mae 998 -East Highway 119 Longmont, -CO B0501 5 . -City of Longmont Civic -Center Complex 3rd and Kimbark Longmont, CO 80501 ATTN: City Clerk 6 . Tull Cattle Company -c/o Richard Meyer Flatiron Sand and Gravel P. 0. Box 229 Boulder, CO 80306 7 . 01-son, Zee =Ervin 1738 Weld County Road 20-1/2 Longmont, CO 80501 8. Equitable Life Assurance _Society of the United _States P . 0. Box 292-6 Overland Park, -KS 66201-1326 890424 C-1 EX-HIBIT D MINING PLAN The Distel Farm Resource will be u-s-ed by C & M Companies as a source for concrete sands, fill material , and aggregates. The applicant owns a portion of the -property and holds mineral leases for t-he remainder. The general location of the mining area is along St. Vrain Creek, south of Mate Highway 113 and west of Del Camino. The total area of property -to be mined is ri4 acres . The Distel Farm property will be mined using dry mining techniques . Any groundwater intercepted zduring th-e mining operation will be pumped from the open pit and discharged to St. Vrain Creek. A stationary plant site will be located tear the southeast corner of the permit for processing and stockpiling material. If groundwater inflow into the -pit becomes to voluminous to handle efficiently the operator may change mining methods to wet mining by dragline. The material to be extracted on this property is sand and gravel . The nature of the stratum is typically a layer of topsoil ranging _from 0 to 7-1/2 feet in thickness overlaying a sand aria -gravel deposit that ranges in thickness from 1 to 17 feet. A claystone bedrock is encountered from b to 19 feet -below ground. There are interspersed lenses _of clays and silts 'de-posited by St. V-rain Creek. Bore logs taken in October, 1983 encountered groundwater at a depth of 4 to 8 feet below the ground surface . -Given that the borelo-gs were taken at a late time period of the year, it is reasonable to assume groundwater can be much higher during the spring and summer months. The sand and gravel in this area i-s cataloged by the Color-ado Geologic Survey in a 1974 report titled Sand, Gravel and Quarry Resources; Colorado Front Range Counties. St Vrain 'Creek deposits are recognized as a valuable mineral resource and the aggregates are classified as high quality. Mining will be done by phases. The land area opened for mining will be limited to _only that necessary to satisfy market demands . Mineral extraction is currently projected to -be 200,000 tons per year. Average material depths range from 5 feet to 17 feet of material . Maximum -disturbance in the open pit will be limited to 8 acres. 890424 D-1 Earthmoving will be accomplished using scrapers and front end loaders. Topsoil mill be removed and stockpiled separately from overburden. Field investigations indicate topsoil depths ranging from 0 to 1-1/2 feet with an average depth of 3 feet. Typical stockpiles {gill be 10 feet in height, 50 feet wide and will contain 1,000 cubic yards of -material. See -Exhibit C for proposed locations of stockpiles. A large portion of the mining area Het within the 100 year floodplain for St Vrain Creek as -determined by the Federal Emergency -Management Agency. Wherever possible, stockpiles will be aligned with the general direction of flow to minimize erosion of stockpiles during flooding. Two lakes will be treated by the mining operation. These lakes will have a surface area of 40. 3 and 38. 3 acres. (See Exhibit C ) . A small three cell settling pond will be constructed at the plant site for providing wash waters to the plant. Each cell will be approximately 75 feet wide and 100 feet long. The average depth will be 15 feet. The sequence of mining activities that will be done are as follows: 1 . Topsoil and overburden will be stripped and stockpiled. 2 . A :dewatering trench will be constructed around the perimeter of the mining phase. 3. A portable dewatering pump mill be installed and groundwater will be discharged to St. Vrain Creek. 4 . Sand and gravel will be extracted and placed cn a conveyor system. 5. The sand and gravel will -be transported via conveyor to the plant site for screening, crushing ant washing. 6 . Processed material will be stockpiled at the plant site and trucked from the property to end users. 890424 D-2 Disturbance associated with mining is classified as the following: Major 'Disturbance Mining 8.0 Stripped 3.0 Topsoil Stockpiles 1 . 0 Moderate Disturbance Plant site 12 .0 Office and Scale House 0. 5 Minor Disturbance Reclaimed and Seeded 2 .0 Reseeding Year 2 0. 5 TOTAL DISTURBED ACREAGE 27 .4 The mining :phases shown on -Exhibit C represent -estimates for mineral extraction in one year increments. The miningplan calls for completion in approximately 1E years. Mining and reclamation of each phase mill be done contemporaneously. When mining is completed in one -phase and moves to the next phase, reclamation activities will begin immediately on the completed phase . Grading and backsioping of shorelines will be 'done using stockpile-d topsoil and overburden. -Reseeding will be 'done in early spring or late fall depending on the progress of regrading. Provisions have been made to return the following year and reseed areas -where previous reclamation was not successful. The estimated time between completion n₹ a -mining -phase and accomplishing final reclamation is two years. Equipment used for mining will be : Scraper and 988 front end loader for stripping 9810 front end loader for mining Portable conveyor system Twin dewatering screw Processing Equipment: Three -deck bay screen 4-1/4 font cone crusher Three -screen -wet 'deck Nine cell sand classifier Haul vehicles will consist of a fleet of twelve 25 ton end dumps. 890424 0-3 Traffic Patterns C & M Companies has a fleet of 25 trucks for material hauling. These trucks are 25 ton end dumps . The total number of trucks running to this operation will be dependent on market conditions and will vary on a continuous basis . The general market area for the pit will consist of three specific locations: ( 1 ) Longmont; ( 2 ) Broomfield; and ( 3) the greater Metro Denver area. The location map for truck haul routes shows the estimated distribution of traffic. Approximately 25% will go to Longmont, 25% to Broomfield and 50% to the greater Metro Denver area. The proposed haul route will go west to County Line Road and bifurcate . Broomfield traffic will go south to State Highway 52 . Longmont and Metro Denver traffic will go north to State Highway 119 and then continue either west to Longmont or east to Interstate 25 . Traffic is not routed along County Road 20-1/2 to County Road 7 because of a load limit on Bridge 3A located directly east of the Distel property. The load limit is 37 tons and will not allow the use of the 25 ton end dumps. If this bridge is upgraded to a full rating in the future , Interstate 25 traffic could be rerouted to County Road 7 . Some aggregate material will be imported to the site for processing and mixing for product materials. This importing will be accomplished with the same truck fleet indicated. To increase efficiency and minimize traffic and road impacts, the import aggregate will be hauled on return trips of fleet trucks delivering product materials. Because of this routing, overall truck trips would not be affected. 890424 EX-HI-BIT E RECLAMATION PLAN The final reclamation of the Distal Farm will be the reestablishment of grazing land for future farming activities in the area. Two lakes with reclaimed shoreline will be left with a total -water surface area of 78. 6 acres. The mining plan calls for -progressive reclamation of the property. This technique will minimize the total amount of diaturbe-d acre-age at any time _luring the operation. The table of disturbance shows a propose_l maximum amount of di-sturbance -of 27 acres -at any time period during mining. The mining and reclamation calls lox preservation of all of the trees located in an old oxbow -of St. Vrain Creek. This area comprises approximately 15 acres of land and will be left undisturbed. A smaller group 01 trees around some aban-done-d la-rm builiings will also be left intact and will form a small connecting land bridge to the river. There are some wetlands that will be excavated by the mining operation. -However, there will be ra filling done in any wetlands. Because no filling will be dons, a 404 permit is not required far either the mining -or reclamation of the property. The reclamation sequence for the property will be as follows: 1 . Rough grade shorelines. 2. Replace overburden and topsoil and grade -out. 3. Drill seed as warm season cover crop in spring. 4 . Drill seed 'permanent grass in fall. 5. Rese-ed grasses -where -necessary. Replacement o1 overburden and topsoil -will be dome in phases as outlined. The replacement will allow for material stripped from the next phase of mining to be repla-cei in the previously completed phase . This will minimize -taterial handling and disturbance of atoc-kpiLed overburden. The proposer' post -mining land use is compatibla with surrounding land uses. The St. Vrai-n valley provides a valuable supply of aggre-gate and sand to the front Range and as such has numerous mining operations in the area. 890424 E-1 The proposed reclamation plan meets the requirements of Rule 6 in the ML-RD regulations as follows: Grading Grading -will be done -along to provide stabilized shorelines around the lakes. All backfilling will be done with native overburden and topsoil. _There are to known toxic materials in the propose-d backfill and as such will not cause groundwater contamination. The grading will he done to control erosion. Final grading and reseeding will be done immediately after grading an-d topsoiling has -been done . All backfilling will -be compl-et-ed in phases alter mining is _completed. No aci-d forming materials, refuse, or toxic producing materials are an-own to exi-st in the area and will not be used for reclamation. Any materials of this nature found during the mining operation will be disposed of aacordin-g to -applicable laws . There are no drill or auger holes associated with the mining operation. All -slopes left by the mining operation will be no greater than 3:1 from 5 -feet above to 10 feet below norm-al water surface elevation. All other slopes ,+ill be no greater -than 2 : 1. Water Disturbance of the area will be done to -mi-nimi-ze the affect on the prevailing hydrologic balance as follows: (a) The operator shall comply with all applicable Colorado water laws. (b) The operator shall -comply with -all appli-cabl-e Federal -an-d State water quality laws and regulations. (c) The operator shall _comply with all -Federal and -State requirements for dredge an-d fill . There are no anticipated requirements for this type of activity. (d) The operator will remove and regrade -all sediment and siltation structures after mining is completed. 890424 E-2 Wildlife The proposed reel-amation plan does not propose to create wit-dlife habitat. There are n-o known endangered species in the area. All activities will be planned considering the safety and protection of wildlife on the property. The reclamation plan does call for preservation of trees and wetlands 1-ocated within the 'oxbows of St. Vrain Creek. Some species may be tempara-rily displaced by the mining activities. They are expe-cted to re-establish with no difficulty after mining and reclamation has be-en completed. Top-soiling The existing topsoil on the property consists of -a 9 to 7-1/2 feet layer of sandy silty loam. The majority of grass roots are contained within the top 12 in-ch-es of soil . All topsoil will be stripped prior to -mining and stockpiled. Stockpiles which remain in place longer than one _growing season will be seeded with a f-ast growing over to minimize -wind and water erosion. Handling of tops-oil will be jniniinize-d by efficient se-quencing of -mining and reclamation through -phases. After -mining has passed through an area, non-market-able material will be replaced -at an -even depth of 12 -to 1-8 inches along shorelines and graded. Soil amendments are not proposed due to the rich organic content of this river bottom topsoil . -However, if they are determined necessary by the SCS, they will to used to enhance plant growth. Reveqetation The reclamatidn plan will revegetate all disturbed areas with appropriate seed -mires to minimize erosion, re-establish natural terrain and create usable #arm land. -Reseeding of the property will he done after topsoil is replaced in accordance - with accepted pl-anting practices . All grass seeds will be -planted with a grass -drill equipped with depth bands and press wheels. Seed will be planted approximately one-half itch deep and will be drilled between November 1 and April 1 . 'The grass seed mix includes drought resistant varieties and will be planted -either in early spring or fall to insure germination If a significant invasion of noxious weeds occur-s, the area will be mowed periodically far control. Weeds will be -mowed when they reach a height of 6 to 12 inches throughout the first -growing sea-son. Mechanical control will be used as a first -priority. Chemical methods will only be used if no other alterative produces -acceptable results. 8:10424 E-3 The property is not faretted and will not require fire lanes. A minimum 30 fo=ot setback will be maintained around the permit boundary which -will allow access. The reclamation of all prnceseing sites will be delayed until the final phase of mining it completed. At that time the gro.un-d will be scarified, l-eveled, and seeded -with grass. 890424 E-4 EXHIBIT E United States Soil 9595 Nelson Road, Box D Department of Conservation Longmont, CO 80501 Agriculture Service February 10, 1989 776-4034 Mr. Ron Allingham Tuttle, Applegate, Rindahl, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 Dear Mr. Allingham: Based on the soils which are present on the proposed mining site, I have developed the following seeding recommendation: Species % of Mix *PLS/Ib/ac Lbs/ac Switchgrass 25 x 4.5 1 .13 Western wheatgrass 30 x 16.0 4.8 Alkalai sacaton 45 x 1 .5 .7 *Pure Live Seed The above seeding rates assume that a drill will be used for seeding. If a broadcast method is planned, the seeding rates should be doubled. Seeding should be completed between November 1 and April 30. In order to ensure a successful planting, some type of mulch or temporary cover -crop should be used. Soil Conservation Service uses a sorghum cover crop planted in June with grass being drilled directly into the sorghum in November. However, a straw mulch can be effective if weed seeds are not present. Soils should be tested for primary nutrients nitrogen, phosphorous, and potassium, and fertilizer applied accordingly. Sincerely, Dave Harris Soil Conservationist DH:rah O 890424 EXHIBIT G WATER INFORMATION The proposed mining operation at Distel Farm is expected to have an impact on the surface and groundwater system in the area. This impact has been studied and mitigation measures are proposed that will not cause material damage to any property owners or water rights owners . The Distel Farm is located below the City of Longmont along St. Vrain -Creek. The proposed pit will be located off-channel from th-e creek. The minin-g area will be de-watered and _operated as a dry mine. A pump will be installed in the pit and all groundwater and surface drainage will be discharged to a wasteway connected to St. Vrain Creek. Surface Drainage The area surrounding the proposed mine is predominately agricultur-al in nature. Property along St. Vrain Creek is a mixture of woodlands, wetlands, oxbows snd active farmland. St. Vrain Creek drains approximately 430 square miles of land upstream. The width of the stream channel ranges from 50 to 100 feet. A Flood Insurance Study was published for the City of Longmont in September, 1987 which included St.Vrain Creek. Table G-1 summarizes peak flood flows for varying return periods . TABLE G-1 1St. Vrain Creek Peak Flood Flows Return Period Discharge (cfs) Ten Year 5,350 Fifty Year 12 , 120 One Hundred Year 16, 520 Five Hundred Year 40,080 A portion of the property lies within the 100 hundred year floodplain as shown on Exhibit C. It should be noted the proposed location of the plant sitelies outside the floodplain. This will eliminate stockpile erosion during a major flood. Any erosion that would occur from lo-calized surface drainage would be contained in the ponds created by mining and would not enter the creek. 890424 G-1 Groundwater The proposed mining operation will intercept alluvial groundwater. The groundwater table varies in depth from 0 feet to 6 feet telow the -surf-ace . Th-e reclamation plan will leave an open moody of -water which will impact surrounding water right owners. Impacts due to mining will come from four sources ( 1 ) moisture loss in material hauled from the site, ( 2 ) wash waxers used to _process sand and gravel, (3) water used for dust control of material, an-d (4) lake evaporation from removing material and leaving a new body of grater. The amount of -water consumed from each of these operations is estimated to be as follows: Moisture Loss in Material The -proposed operation is expected to process approximately 200,0100 tons of sand and gravel peryear. The average moisture content of this material -at ti-me of shipment is expe-cted to be 4% . This number is based on field data collected ty the City an-d County of Denver on some of their stockpiles. This moisture content would be -equivalent to 5.9 acre-feet per year. Wash Water Washing operations will require approximately 1309 _gallons per minute . The annual consumption of wash water also includes losses associated with recycling through a three tell sediment pond. Total _consumption would be 0.1 acre-feet per year. Dust Control Dust control will require watering existing haul roads at spe-ci-fied intervals.. The amount will vary depending on time of year and existing weather -conditions. There is approximately 1,8-00 feet of unpaved haul road on the property. Haul roads will be watered between May to September (live months ) . The average application is expected to be -6, 700 gallons with a minimum of three applications being made for 80 days. This would amount to 1,698,000 gallons of water per -year or 4. 94 acre-feet per year. 890424 G-2 Lake Evaporation The mining operation will create an open water body with 78. 6 acres of surface area. This amount could be reduced by back-filling some of the lake areas with overburden and wate r material from the mining operation. The average annual evaporation from a shallow lake is 35 inches based on NWS Technical Report 33. A NOAA report, technical paper 37 shows Class A pan evaporation with a 0. 7 pan coefficient -to be 31 . 5 inch-es. A third source of pan evaporation data from NWS showed Class A pan evaporation to be 30 inches. Using an average of the three sources, the annual average evaporation is estimated to be 32 inches. A credit of 9.5 inches As given for effective precipitation on the area. In addition, a credit for historic consumptive use of plant life -on the property before it was mined is also given. In this case, the amount credited after precipitation is removed is 14 . 5 inches per year -based on the crops (alfalfa and corn) that were grown on the farm. Assuming full credit for crop usage, this -would leave a deficit of 8 inches evaporation to be made up by the operator. -Eight inches per year would be equivalent to 52.-4 acre-feet per year. A summary of the consumptive uses as-sociated with the mining operation are as fallowse Moisture losses 5. 9 acre-feet Wash Water 0. 7 acre-feet Dust Control 4. 9 acre-feet Lake Evaporation 52 .4 acre feet TOTAL ANNUAL WATER CONSUMPTION -63. 9 acre-feet The method of dry mining will cause a slight drop of the groundwater table .in the immediate vicinity of pit. This typically reduces to less than 1 loot at a distance of approximately 500 feet. The proposed mining operation is located between St. Vrain Creek and Boulder Creek which both serve as a hydrologic barrier. The wells and surface water rights located in the area are not expected to be impacted by this mining operation. Although total consumptive use during the year is expected to be 63. 9 acre-feet, the amount of water that mu-st be replaced will be less. Table G-1 shows typical monthly consumption based an sales of material over a year. Some material is processed and moved during winter -months when there i-s no call in the river. The operator win propose to replace only water that protects senior water right owners. These rights will typcially be calling the river during the summer months from June through September. G-3 890424 Based on that assumption, 3i9 .8 acre-feet of water would -be replaced. -An augmentation plan will be filed -with the _State Engineer for approval in water court. The approved plan will be proof that no senior -water right onwers will be damaged by the proposed mining operation. At shown on -Figure G, there are several wells located near the proposed -gravel pit. A study area -of one mile in radius vas selected to locate water rights. Water rights located on opposite sides of Boulder Creek or at. Vrain Creek are not shown because the creeks form a fiydrol-ogic boundary. The wells shown appear to be far enough from the pit that the drawdown influenced from dewatering the pit gill not materially damage them. Water Rights The C & M Companies currently hold-s water rights for the 'Coffin and Davis Bitch. This ditch has diversion rights on Dry 'Creek, a tributary of Bt. Vrain Creek. This ditch tat an appropriation date of tune 1, 18-66 and vat adjudicated ty the Water 'Court on June 2, 1882. The ditch currently serves three property owners, the Distel farm -being one of them. -The total diversion all-owed is 1'1 .3 cfs with 30. 9% of the diversion right belonging to the Distel Farm. There are -only three years of diversion records available for the Coffin and Davis Ditch. These records are for water years 1x983, 1986 and 1x87 . The average annual inversion for the three years of record was 638 acre-feet. A compari=son of diversion records to annual hasin yield was performed. The results of this estimate showed a long term diversion yield of 114 acre-feet. Bated -on irrigable acreage, this gave -approximately 1. 90 acre- feet per acre . The consumptive use for irrigation water in this general area is 501 of the total diversion. -This would yield 8. 95 acre-feet per acre od_ irrigated land. There are 104 acres of land irrigated by the Distel Farm -with this _ditch. Therefore, a total of -98. 8 acre-feet bf water would be available for use on the project. A comparison at the amount available to the -projected demands shows that there will be adequate supplies if the above assumptions are correct. G-4 890424 �i __ z M S N1 '� = Q ` Ili —r wbG • F— ¢ U' M z a < a �% n (9 CI777 o } 7 I •jOA 7 2 Z Z S P \ a W ' o S .7r. - Cr U Uet a qY W 1 � m\ �) :' iM J W a l J V 4' 9 �i p R-• 1/2 i.• R !R�«i�, . r-,:-,-C ' \....Th <<.� '. I - r — 0 it I '6 �W _ r o a t _ - co1 le. d 9M o / v q OD ll3T'IW s--ems-� / � •' r _ _ _ , I N. ;b r 7. ;hill\� _ i i i' I x �� Z _' . �� . - tT ____. 1, f r- i_ _ t I % ' 7 , / • N ,, ,„ 0 r M t - 7'._, �. • _91 5: i rat l -i 1 �. .fl�i la's. - ��{�^_ / Fla al. � % �\ i air' •• R��►� 7: - `� " `� %� ��' w 4• 890424 � ��' • , = _ ,—ii i 11.�. Yp fit, _— 3 O 7�a \_ �_i ,.. I ' tl /•tea. , \ .µ.1-! ' " a=�! r ... ` 1 / / Phased Consumption Although the total demand for water will be 63. 9 acre-feet, this demand will not be realized until the project is completed. Since the mining operation mill be done using dry mining techniques, evaporative losses mill not be replaced until the pit is reclaimed and allowed to refill with groundwater. In addition, the operator will reserve the right to refill mined areas with overburden and topsoil to reduce the total amount of acreage under water. This would also reduce the augmentation obligation to the property. NPDES Permit and Water Quality The proposed operation will directly discharge to the St. Vrain Creek. This will require a discharge permit through the Colorado Department of Health. The operator will apply and obtain said permit prior to beginning operation of the pit. All wash waters that will be used An the processing portion of the project will be recycled and will not be discharged to the stream. The only water discharged will be alluvial groundwater from the de-watering of the pit. G-5 890424 P a co a a a ma !- i _ it• a b atP ma u co s a .-- a '1 b a a co a co ma a a a a _ a a — • J N i N a a N a a a b a— a co _ _ m < < e aa ry a O a� - P b b ▪ e i -Y N ma w co N co — — a op an to Mf a in 4 •-• ~ eaP 4"1 — C7 N W N ~ 01 a X< — • - e a P co co ti a a N H a a. a _ _ _ ! O _ a a a — _ (ISas — 1"a f a a a a a cm ▪ • ea ! a _O O -a4-1 a _b ! f a.. .-a a a a Y • • N N S a Y co a • I co a i O — a a a a W b H a W 44C a 1 a a _ co • — a e a ti ti a a n — N 11 a a N —pat OP a a _ a a X u'1 X .ti ca i — C • ...a ea ac 1.-d~ • aa • O y 40 5- a — a O • X V i a1 Xa 40 0 a • H O 0 at _ a M V- _ a a 0 a Y •a • O — 40 C C 10 W 0 0 W Va. C a S • P — ti 1 a a W w — ~a Y a V_ - 5 0- 16 a — W r- a a q in 6 N a Z 40 fa N 0 V V� e —. a a to t au • Si.- • a al N co N 5 N0 !a a c i a V sac a0 V a a V Oa u W • a O a a O_ O • ~ �1 a Y 'f = Y 5 Y 4-4 V Y Y N 11CC a a a- = a •0 w • 0 a a a aa a L Y MI • • i an a a -0 co q a a 4- — ea s r V Y t ! C a an 3 a a J'• — 890424 EXHIBIT H WILDLIFE INFORMATION The Distal Farm property borders St. Vrain Creek which provides lowland riparian habitat and also functions as a wildlife migration corridor. The Colorado Division of Wil-dlife has provided a report of wildlife on the property which is attached. 890424 H-1 ' EXHIBIT H MINED LAND WILDLIFE QUESTIONNAIRE for limited impact and select regular mine applications 1 . Name of Company/Hine: C & M Companies; Distel Farm 2. Name/Address/Phone of Contact Person: Bob Allen; 7916 Niwot Road P. 0. Box 490; Niwot, Colorado 80544; 443-1099 3. Location of Hine: See attached Exhibit A & Exhibit B (County, Township, Range, Section to nearest quarter quarter; Exhibit A-HLR appl. ) 4 . Nearest Town/General Location: Longmont - 2 miles west of site -- 5. Land Ownership (Circle ) (1,Pr iv 2.BLH 3.USFS 4.Other 6. Present Land Use: Agricultural 7 . Proposed Final Land Use:Agricultural - 8. Type of Operation:Cl 1 . Surface 2. Underground 9. Minerals being mined: Gravel and Sand 10. Number and Description of Surface Acres Disturbed by Hining/not including roads (Exhibit D-HLR) : 95 Acres disturbed (78. 6 Acres mined, 16 . 4 Acres haul, stockpile, plant) 11. Hiles of roads to be constructed: 1/2 mile 12. Life of Hine (years) : 10 years 13. Description of Operation and Reclamation--Additional sheets may be attached (Exhibits B & E-MLR) : Mining to begin in Phase I (NE corner Site ) . Topsoil will be stockpiled in setback area. Overburden will be removed from initial mining area and moved out of floodplain for storage . Resource will be loaded onto a conveyor which will carry resource from the area being actively mined to the plant site. After one phase is finished being mined, that phase will have reclamation begin, i. e . grading, topsoiling, seeding of shoreline area. This reclamation will occur when mining is continuing in the next phase . 14. Please enclose Haps of Project Operation, Disturbance Areas and Reclamation (Exhibit C. ) This will expedite processing. Your cooperation is�appreciaatted. /� 15. Prepared by: /I G��(�t r /Z�t Date: Z• ^7 -01 890424 MINED LA. WILDLIFE STATEMENT/EVALUATION (Revised) EXHIBIT H for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: C & M _Companies - Distel Farms - SE 1/4 SW 1/4, and the SW 1/2 SE 1/4, Sec. 8 T2N, R68W. Name/Type and Location of Mine (La al) less the S 1/2 of the SE 1/4 SW 1/4 -SE 1 . and pGl 1/2 NW 1/4 NE 1/4 NW 1/4, Sec 17, T2N, R68W Wildlife Species list: Weld County Deer, pheasant, rabbits, muskrat, beaver, opossum, dove waterfowl, raptors, magpie, numerous small rodents sad seasonal songbirds. Endangered/critical species/impacted: Bald Eagles forage in this area during winter months. Critical habitats/vegetative communities impacted: N/a Assessment of impact: A -major portion of this area is wet meadow, which should be restored as nearly as possible. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . A detailed reclamation plan for this project has not been recieved by this office. However, since much of this area is wet it is strongly recommended that the native grasses be used on drier areas as well as native Cootonwood and shrubs such as ribes or skunkbush 144 eV/SAff 890424 EXHIBIT I SOILS INFORHMION The following soils information was obtained form the SCS for this speci-fic property. 890424 I-1 I EXHIBIT I \ • 4 65 - 41 t �/erjA C---17 U !..-';. WESTEWN •e 6 "...f ft'. 28 64� • 42 56 ! �(� 42 27 `J. �' '134,8 59 $3 u. U 15 t i t 15 42 3 - . ' te`- C/ , -�2 COLO. HWY. 119 17 V A 7 79 S3 ? 82 !. 8 82 83 83 [ '9 y 1• ]s ' 13 i 'o+ is 51 52 _ 53 Yi ..f' K.f .. 1 51 7a. "r' . 7 3 ^6tik' 3 .. ,17,;""Al •t` I S �.�ST 3. 5 3 , PROJECT SITE 47 �.J , :,a''bi - t ,� a �`: 4 -`•77 j0 1't�,`y. 4 ' - •_ '4 76 yY .�Y ally's•.}-a 76 4 a a M Xal- • tPP.46 • u .. T2NM 18 '."1, : 7 WELD -COUNTY TiOAD 1-9 7 . e r 16 rr :x -. ,wtv.: �. _ 10 47 r 53 . . • t Ono 16 . - .it'' ,e'A / 10 � 7 / 10 19 3T--fit ' �3 y r, A u. 21 ti 7 A\ SOILS MAP 2 -N- SC-AL 1:24,1000 s TUTTLE APPLEL-ATT RINDAHL, INC. f�-.. ri Consultants for land and Resource Development 11990 Grant Street, Surte_410 ` f Denver,Colorado 80233pp 7�-tr� 1303)452-6611 890424 EXHIBIT I 4—Aquolls and Aquepts, flooded. This nearly level 3—Aquolls and Aquents, gravelly substratum. This map unit is in depressions in smooth plains andalong the nearly level map unit is on bottom lands and flood-plains bottoms of natural drainageways throughout the survey of all the major streams in the survey area. Aquolls, area. Aquolls, which have a dark_colored surface layer, which have a dark colored surface layer, make up about make up about 55 percent of the unit. Aquepts, which 60 percent of the unit Aquents, which have a lighter have a lighter colored surface layer,-make up about 25 colored surface layer, make up about 35 percent. About 6 percent. About 20 percent is-soils that are well drained percent is Aquepts andBankard sandy loam. and soils that have sandstone or shale within 48 inches of These are deep, poorly drained soils that formed in the surface. recent alluvium. No one pedon is typical. Commonly the These are deep, poorly drained soils -that formed in soils have a mottled, mildly alkaline to moderately al- recent alluvium. No one-pedon is typical. Commonly the kaline loamy or clayey surface layer and underlying soils have a mottled, mildly to moderately alkaline loamy material and are underlain by sand or sand and gravel or clayey surface layer and underlying material that sx- within 48 inches. In places they have a gleyed layer in the tends to a depth of 60 inches or more. In places they have underlying materiaL a gleyed layer in-the underlying material. Most of the acreage is subject to flooding. The water Most of the acreage is subject to-excessive runoff. The table is at or near the surface early in spring and recedes water table is at or near thesurface in spring and during to as deep as 48 inches late in fall in some years. the peak of the irrigation season. These soils are used for rangeland and wildlife habitat. These soils are used for rangeland and wildlife habitat. Some small areas have been reclaimed by major drainage Some small areasare irrigated pasture. and levelingand are used for irrigated crops. The potential native vegetation is dominated by The potential native vegetation is-dominated by alkali switchgrass, -prairie cordgrass, saltgrass, alkali sacaton, sacaton, switchgrass, and western wheatgrass. Saltgrass, big bluestem, indiangrass, western -wheatgrass, slender sedge, rush, and alkali bluegrass are also prominent wheatgrass,sedge, and rush. Cattails and bullrush grow Potential-production ranges from 3,000 pounds per acre in in the swampy spots-associated with these range sites. favorable years to 2,000 pounds in unfavorable years. As Potential production ranges-from 4,000 pounds per acre in range _condition deteriorates, the switchgrass, alkali favorable years to 3,000 pounds in unfavorable years. As sacaton, and western wheatgrass decrease and saltgrass, range condition deteriorates, the tall and mid -grasses sedge, and rush increase. decrease, production drops, and saltgrass,-sedge, and rush Management of vegetation should be based on taking increase. The farming and irrigation in adjacent areas has half and leaving half of the total-annual production. Seed- increased the amount of salts on much of the-acreage. ing is difficult and costly because numerous-tillage prae- Management of vegetation on this soil should be based tices are required to eliminate the saltgrass sod. ontaking-half and leaving half of the total annual produc- Switchgrass, western -wheatgrass, alkali -sacaton, tall tion. Switchgrass, t,ig bluestem, indiangrass, -western wheatgrass, and tall fescue are suitable for seeding. They wheatgrass, pubescent wheatgrass, intermediate -wheat- can be seeded into a clean, firm, seedbed. Seedbed grass,-all wheatgrass, and tall fescue are suitable for preparation usually -requires -more than 1 year to seeding. The plants selected should met the seasonal eliminate the saltgrass Lod. A grass drill should be used. requirements of livestock. For successful seeding, a firm Seeding-early in spring-has proven most successful. prepared seedbed is needed. A grass drill should be used. Wetland wildlife, especially waterfowl, utilize this unit. Seeding early in spring has proven-most successful. Til- The wetland plants provide nesting and protective rover, lage is-needed to eliminate the undesirable vegetation. as well as some food. The nearby irrigated cropland, Wetland wildlife, especially waterfowl, utilize this unit. where wildlife obtain much of their food and fmd protec- The wetland plants provide nesting and protective cover tive cover, makes-this unit valuable to both wetland and as -well as some food. The nearby irrigated cropland, openland wildlife. where wildlife obtain much of their food and find-protec- Openland wildlife, especially pheasant, use this unit for five cover, makes this unit valuable-to both wetland and cover and -nesting. Deer find excellent cover in some openland wildlife. areas. Openland wildlife, especially pheasant, use this_unit for These valuable wildlife areas should be protected from cover and nesting. Deer find excellent cover in some fire and fenced to prevent-encroachment and overuse'by areas. These valuable wildlife areas should -be-protected livestock. They should-not be-drained, from fire and fenced to prevent encroachment and These soils have.good potentialas a source of sand and overuse by livestock.They should not be drained. Capa- graveL Capability subclass VIw;-Salt Meadow range site. bility subclass VIw; Aquolls in Salt'Meadow range site, Aquepts in Wet Meadow rangesite. 890424 EXHIBIT I 76—Vona sandy loam, 1 to 3 percent slopes. This is a In irrigated areas this soil is suited to the crops corn- deep, well drained soil on plains and high terraces at monly grown in the area. Perennial grasses and alfalfa or elevations of 4,600 to 5,200 feet. It formed in eolian and dose grown crops should be grown at least 50 percent 4f alluvial deposits. Included in mapping are some leveled the time. Contour ditches and corrugations can be used in areas. Also included are small areas of soils that have a irrigating close grown crops and pasture. Furrows, con- loamy substratum and areas of soils that are noncalcare- tour furrows,and cross slope furrows are suitable for row ous to a depth of 60 inches. crops. Sprinkler irrigation is also desirable. Keeping til- Typically the surface layer of this Vona soil is grayish lage to a minimum and utilizing crop residue help-to con- brown sandy loam about 10 inches thick The subsoil is trol erosion. Maintaining fertility is important. Crops brown fine sandy loam about 18 inches thick. The sub- respond to applications of phosphorus and nitrogen. stratum to a depth of 60 inches is sandy loam. In nonirrigated-areas this soil is suited to winter wheat, Permeability is moderately rapid. Available water barley, and sorghum. Most of the acreage is planted to capacity is moderate. The effective -rooting depth is 60 winter wheat. The predicted average yield is 28 bushels inches or more. Surface runoff is slow, and the erosion per acre. The soil is summer fallowed in alternate years hazard is low. to allow moisture accumulation. Generally precipitation is In irrigated areas this soil is-suited to all crops corn- too low to make beneficial use of fertilizer. monly grown in the area, including corn, sugar beets, Mulch fanning, striperopping, and minimum tillage are beans, alfalfa, small grain, and onions. An example of a needed to control soil blowing and water erosion. Terrac- suitable cropping system is 3 to 4 years of alfalfa fol- ing also may be neededto control water erosion. lowed by corn,-corn for silage, sugar beets, small grain, or The potential native vegetation on this range site is beans. Land leveling, ditch lining, and installing pipelines dominated by sand bluestem, sand reedgrass, and -blue are needed for proper water applications. grama. Needleandthread, switchgrass, sideoats grams, All methods of irrigation are suitable, but furrow ir- and western wheatgrass are also prominent. Potential rigation is the most common. Barnyard manure and com- production ranges from 2,200 pounds per acre in favora- mercial fertilizer are needed for top yields. We years to 1,800 pounds in unfavorable years. As range Windbreaks and environmental plantings are generally condition deteriorates, the sand bluestem, sand reedgrass, suited to this soil. Soil blowing, the principal hazard in and switchgrass decrease and blue grams, sand dropseed, establishing trees and shrubs, can-be controlled by cul- and sand sage increase. Annual weeds and grasses invade tivating only in the tree row and by leaving a -strip of the site as range condition becomes poorer. vegetation between the rows. Supplemental irrigation Management of vegetation on this soil should be based may be necessary at the time of plantingand during dry on taking half and leaving half of the total annual produc- periods. Trees that are best suited and have good survival tion. Seeding_is desirable if range is in poor condition. are Rocky Mountain juniper, eastern redcedar, ponderosa Sand bluestem, sand reedgrass, switchgrass, sideoats pine, Siberian elm, Russian-olive, and hackberry. The grama, blue grams, pubescent wheatgrass, and crested shrubs best suited are skunkbush sumac, lilac, and Siberi- wheatgrass are suitable for seeding. The grass selected an peashrub. should meet the seasonal requirements of livestock. It can Wildlife is an important secondary use of this soil. The be seeded intoa clean, firm-sorghum stubble, or it can be cropland areas provide favorable habitat for ring-necked drilled into a firm prepared seedbed. Seeding early in pheasant and mourning dove. Many nongame species can spring has proven-most successful. be attracted by establishingareas for nesting and escape Windbreaks and environmental plantings generally are cover. For pheasants, undisturbed nesting cover is essen- suited to this soil. Soil blowing, the principal hazard in tial and should be included in plans for habitat develop- establishing trees and shrubs, can be controlled by cul- ment, especially in areas of intensive-agriculture.Range- tivating only in the tree row and by leaving a strip of land wildlife, for example, the pronghorn antelope, can be vegetation between the -rows. Supplemental irrigation attracted by developing livestoc-k -watering facilities, may be needed at the time of planting and during dry managing livestock grazing, and reseeding where needed. periods. Trees-that are best suited and have good survival This soil has good potential for urban and recreational are Rocky Mountain juniper, eastern redcedar, ponderosa development. Lawns, shrubs,and trees grow well. The pine, -Siberian elm, Russian-olive, and hackberry. The only limiting feature is the rapid permeabilityin the sub- shrubs best suited-are skunkbush-sumac, lilac and Siberi- stratum, which causes a hazard of ground water con- an peashrub. tamination from sewage lagoons. Capability subclass Ile Wildlife is an important secondary use of this soil. The irrigated; IVe nonirrigated; Sandy Plains range site. cropland areas provide favorable habitat for ring-necked 77—Vona sandy loam, 3to 5 percent slopes.This is a -pheasant and mourning dove. Many nongame species can deep, well drained soil on plainsat elevations of 4,600 to be attracted by establishingareas for nesting and escape 5,200 feet. It formed in -eolian deposits. Included in cover. For pheasants, undisturbed nesting cover is essen- mapping-are small areas of-soils-that have a loamy sub- -tial and should be included in plans for habitat develop- stratum and areas of soils that are noncalcareous to a went,-especially in areas of intensive agriculture. Range- depth of 60 inches. land wildlife, for example, the pronghorn antelope, can be Typically-the surface layer of this Vona soil is grayish attracted by developing livestock watering facilities, brown sandy loam about 8 inches thick The subsoil is managing livestockgrazing,and-reseeding where needed. brown fine sandy loam about 15 inches thick. The sub- This soil has good-potential for urban and recreational stratum to a depth of 60 inches issandy loam. development. Lawns, shrubs, and -trees grow well. The Permeability is moderately rapid. Available water only limiting feature is the rapidpermeability in the sub- capacity is moderate. The effective rooting depth is 60 stratum, which causes a hazard of ground water -con- inches or more. Surface runoff is medium,and the erosion tamination from sewage lagoons. Capability subclass !Ile hazard is low. . irrigated, VIe nonirrigated; Sandy Plains rangeaits30 24 EXHIBIT I 10—Bankard sandy loam, 0 to 3 percent slopes. This is a deep, somewhat excessively drained soil on flood plains at elevations of 4,450 to 5,000 feet. It formed in stratified recent alluvium along streams and rivers. In- cluded in mapping are numerous sand and gravel bars and small areas of noncalcareous soils. Typically the surface layer of this Bankard soil is brown sandy loam about 4 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous 75—Vona sandy loam, 0 to 1 percent slopes. This is a sand stratified with thin lenses of sandy loam, loam, and deep, well drained soil on high terraces at elevations of fine gravel 4,650 to 4,950 feet. It formed in alluvial deposits. Included Permeability is moderately rapid. Available water in mapping are some leveled areas and small areas of capacity is low.The effective rooting depth is 60 inches or soils that have a loamy substratum. more. Surface runoff is slow, and the erosion hazard is Typically the surface_layer of this Vona soil is grayish low. brown sandy loam about 10 inches thick. The subsoil is • This soil is suited to limited cropping. It is sandy and brown fine sandy loam about 20 inches thick. The sub- subject-to flooding. Pasture is the best use. Tall wheat- stratum to a depth of 60 inches is sandy loam. grass, tall fescue, and annual sweetclover-are=some of the Permeability is moderately rapid. Available water most suitable crops. Light, frequent irrigation by-furrows capacity is moderate. The effective rooting depth is 60 and flooding is best. Commercial fertilizer improves the inches or more. Surface runoff is slow, and the erosion amount and value of forage produced. hazard is low. The potential native vegetation is dominated by This soil is used almost entirely for irrigated crops. It switchgrass, indiangrass, sand bluestem, sand reedgrass, is suited to all tro s commonly grown in the area, includ- sideoats grama, needleandthread,and blue grama. Much p y ing corn, sugar beets, beans, alfalfa of this range site includes other soils and vegetation in (fig. 7), small grain, such-a complex pattern that it is difficult to map them potatoes, and -onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for separately. Potential production ranges from 2,500 pounds 1,500 pounds in unfavorable silage, sugar beets, small grain, or beans. The rapidly per acre in favorable years-to years. As-range condition deteriorates, permeable substratum slightly restricts suitable, but crops. tes the tall and mid ir- grasses decrease; blue grama, sand dropseed, and forbe All methods of irrigation are furrow increase; and forage production drops. Undesirable weeds rigation is the most-common. Proper irrigation manage- and annuals invade the site as range condition becomes ment is essential—Barnyard manure and commercial fertil- poorer. izer are needed for top yields. Management o-f vegetation should be based on taking Windbreaks and environmental plantings are generally half and leaving half of the total annual production. Seed- suited to this soil. Soil blowing, the principal hazard in ing is desirable only in areas large enough to interseed or establishing trees and-shrubs, can be controlled by cul- to prepare a seedbed. Switchgrass, sand bluestem,-sand tivating-only in the tree row and by leaving a strip of reedgrass, sideoats grama,little bluestem,blue grams,pu- vegetation between the rows. Supplemental irrigation bescent wheatgrass, -and intermediate wheatgrass are may be-necessary at the time of planting and during the suitable for seeding. This soil can be seeded by using an dry periods. Trees that are best suited and have good interseeder on firm, clean sorghum stubble. grass drill survival are Rocky Mountain juniper, eastern redcedar, is required. Seeding early in spring has proven most suc- ponderosa pine, Siberian elm, Russian-olive, and hackber- cessful ry.The shrubs best suited are skunkbush sumac, lilac, and This soil is generally not suited to the establishment Siberian peashrub. and growth of trees and shrubs. Onsite investigation is Wildlife is an important secondary use of this soil. needed to determine feasibility and possible tree and Ring-necked pheasant, mourning dove, and -many non- shrub species. game-species can be attracted by establishing areas for Wildlife is an importantsecondary use of this soil. The nesting and escape cover. For pheasants, _undisturbed cropland areas provide favorable habitat for ring-necked nesting cover is essential and should be included in plans pheasant and mourning dove. Many nongame species_can for habitat development, especially in areas of intensive be attracted by establishing areas for nesting and escape -agriculture. cover. For pheasants, undisturbed nesting cover is essen- This soil has good-potential for urban and recreational tial and should be included in plans for habitat develop- development. Lawns, shrubs, -and trees grow well. The ment, especially in areas of intensive agriculture. Range- only limiting feature is the rapid permeability in the sub- land wildlife, for example, deer and antelope, can be at- stratum, which causes a hazard of ground water con- tracted by managing livestock grazing and reseeding tamination from sewage lagoons. Capability subclass Its where needed. irrigated. This soil is not suited to_urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, VIw nonirrigated; Bandy Bottom land range site. 690424 EXHIBIT J VEGETATION Existing vegetation cover on the property consists of two distinct varieties. Lowland areas along St. Vrain Creek have plant cover consistent with that found in a floodplain such as cottonwoods, cattails, bull rushes and other wetlands plant species . These varieties are found in the oxbows of the river. As shown on the mining plan, heavily wooded areas are not disturbed by mining. Some isolated trees will be removed from the mining area -and will not be replaced. It is expected that natural succession will replace any of the woody species removed by mining. The remainder of the property is active farmland with the primary crops being corn and alfalfa. Reclamation will not replace any of the croplands . Reclaimed shorelines will be suitable for grazing and will be replanted with grass species to support livestock. 890424 J-1 t I EXHIBIT K J • CLIMATOLOGY REPORT NO. 77-1 1 1 LEI` VI iONT zrSr 05 5116 4 COLORADO CLIMATOLOGY OFFICE COLORADO STATE UNIVERSITY FT. COLLINS, CO. 8C523 ITEMPERATURE I F) PRECIPITATION (IUCHESI ET7REES 1: .': :E :4+5 57::6. 5.EE7 %TA1: 14 v ONS no ma:1 ' r ' T _ a O i r f 21J c •� g u 00 c s u n'_ ¢� ou ' 0LJ a spi o 0 Sa y= .C s r .0 C Oy oMt 'II f 0 VII MO A S 5 CI C L ZO i. O �L �i 'T. ::"Ii ? -?.-k- r y 1 :u. 42.5 '2.2 27.4 71. :653 :3 -34. :063 13 0.0 6.9 30.4 5.3 .34 .52 1062 0 5.4 72. 1962 16 1.5 .1 C.: 13 46.2 :6.5 3:.4 76. 1554 9 -36. :05: 1 0.0 4.6 27.4 2.6 .43 .79 1957 23 6.5 S. 1956 9 :.6 .. YAP 5:.: 2:.4 35.7 00. '947 30 -70. 106: 3 C.0 3.5 29.3 1.4 .96 1.45 0952 21 71.3 IA. 7052 2: 3.: .2 0.. ' yap 6:.3 32.0 46.7 04. 794: 22 -6. 1950 00 0.C .7 14.6 .1 1.26 2.70 0907 14 4.2 16. 1057 3 3.3 .6 .1 947 7[J 42.6 57.2 94. 1949 20 24. :942 I 1.0 0.C 1.9 0.0 2.53 4.04 7957 0 .2 I. 1957 16 5.1 1.2 .6 .:: 0f.: 46.0 65.6 115. 7954 24 32. 105: 2 7.0 0.0 0.0 0.0 0.76 1.90 1965 16 0.0 0. 0 0 4.5 1.2 .4 ) 69.5 55.4 72.: :C5. :954 12 41. 0952 0 15.5 0.C 0.0 0.C 1.16 1.45 1954'IS 0.0 0. 0 0 3.4 .5 .1 ..0 96.3 53.5 60.6 1.:. 1069 0 30. :604 26 :0.1 0.. ..0 0.0 1.12 7.74 1051 3 0.0 0. 0 0 3.0 .4 .1 5EP 7L: 44.: 61.: 96. 1940 I 29. 1065 24 3.0 0.0 .0 0.0 1.16 1.43 1970 22 .1 2. 1959 29 2.9 .0 .3 67.: 33.3 50.3 99. :967 :069 13 .3 14.2 0.0 .90 1.60 1060 4 1.0 ft. 1060 12 2.5 .5 .2 52.2 22.2 37.2 77. 1052 5 -16. 0052 27 C.0 2.0 29.0 .6 .52 .41 1945 26 4.7 9. 1056 20 1.8 0.0 0.0 1 :E: 44.9 :5.5 3:.2 73. :945 24 -15. :054 26 5.2 30.4 2.5 .55 .53 1960 4 4.5 6. 1950 a 1.5 .1 0.0 _ - 4'.01.8.. 64.2.33.2 411.7 37. 24. 176. 13. :2.6 39. 34. 6. 2. 1 PAIECIPIT4TI0N 911M PROBABILITY EOUAL OR LESS THAN VROP, LEVEL JAN EE0 .MAR18 409 MAY JON JUL AUG SEP OCT NOV DEC 46.94E 05 0.00 0.00 0.00 .27 .06 ,41 .29 .17 .77 0.00 .05 .04 0.00 6.95 .13 .63 15 ,965 4 .27 .37 .09 0 4 .19 .06 7.55 0 .17 ,16 .al ,YH 1On .70 .44 .53 .25 .77 960 .23 ;2231 54 ;67 .La 1.11 1;19 .60 7 ;9] ;61 .42 49 .an ;21 7 10.25 2 50 .29 ,3b .fl] ,fll 2 10 1.46 .96 99 .63 .67 .47 .29 60 .35 .46 4 15 7.54 1.77 1.16 1.15 09 69 .54 13.19 70 .43 .55 I1 ;,i 3.09 2 15 1,44 1.76 3 962 1.17 .43 .44 14.34 60 .53 ,6l 1.43 2.92 3.b2 r;66 1,90 43 .na J.56 .74 .555 5.74 90 ,49 66 fl< 'l,^Y 5,00 .s. 7 7.38 2 05 2.•S 2,27 ,97 i3 Il,H7 95 .85 1,04 2,24 7.77 6,13 V.23 7.95 2 46 „41 2.96 1.09 ;91 09,75 ALPHA 1.94 2.46 2.09 1.00 1.97 1,90 1.72 7,59 1.16 .97 3.03 1.73 00.07 BETA 1,25 1.15 93 .69 43 1.05 1.01 .07 T ,25 0 ,0s .10 0.00 0.00 0.00 0.00 0.00 0.00 .05 0.00 0.00 .O5 0.00 Mi0ED OANHA D7STRIP.j1f06 1171E0 TO DATA ALPHA. 4HAPl PA04917E• 9(18. SCALE 0404+ITEP 0. N0. OF 00.4795 HAVI'.5 7EI-O HPECIPITa+1IA/TOl4L NO. OF PO.TN9 MEDIAN PPECIHI,AT1O1. AMOUNTS AWE INUICATLJ 87 T-f .50 VFOaAdILITY LEVEL 1- 890424 EXHIBIT L SUMMARY OF RECLAMATION COSTS Major Disturbance 821, 225 . 00 Moderate Disturbance $15, 312 . 50 Minor Disturbance S 250.00 TOTAL RECLAMATION COST $36 , 787 . 50 Proposed Reclamation Bond $36 ,800.00 Bonded Cost Per Acre $ 1, 363.00 890424 L-1 EXHIBIT L C & M Sand and Gravel Company MAJOR DISTURBANCE Distel Farms Pit Tuttle Applegate Rindahl Welci County, Colorado 17-Feb-89 RECLAMATION COSTS ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE F'R]:CE 1 Backfill Shoreline Overburden C. Y. 13,400 $1 . 00 $13, 400.00 2 Backfill Shoreline Topsoil C. Y. 2, 600 $1 . 00 $2, 600. 00 3 Redistribute Topsoil to Strip C. Y. 1 , 700 $1 . 00 $1 , 700. 00 4 Scarify Compacted Areas ACRE 1 . 0 $725. 00 $725. 00 5 Seed, Fertilize, Mulch ACRE 5.6 $500. 00 $2, 800. 00 TOTAL $21, 225. 00 NOTES/DESCRIPTIONS: Backfill Shoreline Overburden 1. 6 Acres (of 8.0 Acres Mining Major Disturbance) = 41 . 1 ' slope distance >; 1 , 700 feet proposed shoreline w/ 13' ave. pit depth x 3: 1 side slope (212.4 sf cross-section area) Backfill Shoreline Topsoil 1.6 Acres (of 8. 0 Acres Mining Major Disturbance) = 41 . 1 ' slope distance x 1 ,700 feet proposed shoreline x 12" topsoil depth ►l' 3: 1 side slope (41 . 1 sf cross-section area) Redistribute Topsoil to Strip 3. 0 Acres Stripped CI? 12" depth Scarify Compacted Areas 1 .0 Acre Topsoil Stockpiles Seed, Fertilize, Mulch 1 .6 Acres Mining, 3.i► Acres Stripped, and 1 .0 Acre Topsoil Stockpiles 890424 EXHIBIT L C & M Sand and Gravel. Company MODERATE DISTURBANCE Di steal Farms Pit Tuttle Applegate Ri.ndahl Weld County, Colorado 17-Feb-89 RECLAMATION COSTS ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE 1 Backfill Shoreline Overburden C. Y. C> $1 . 00 $0. 00 2 Backfill Shoreline Topsoil C. Y. a $1 . 00 $0. 00 3 Redistribute Topsoil to Strip C. Y. 0 $1 . 00 $0.00 4 Scarify Compacted Areas ACRE 12. 5 $725.00 $9,062. 50 5 Seed, Fertilize, Mulch ACRE 12.5 $500.00 $6, 250. 00 TOTAL $15, 312. 50 NOTES/DESCRIPTIONS: Scarify Compacted Areas 12. 0 Acres Plant Site, and 0.5 Acres Office and Scale House Seed, Fertilize, Mulch 12. 0 Acres Plant Site, and 0.5 Acres Office and Scale House • 690424 EXHIBIT L.. C & M Sand and Gravel Company MINOR DISTURBANCE Distel Farms Pit Tuttle Applegate Rindah:l Weld County, Colorado 17-Feb-89 RECLAMATION COSTS ITEM UNIT TOTAL NO. ITEM ITEM UNIT QUANTITY PRICE PRICE 1 Backf i l l Shoreline Overburden C.Y. 0 $1 . 00 $0. 00 2 Etac:kf i 1 1 Shoreline Topsoil C. Y. C) $1 . 00 $0. 00 3 Redistribute Topsoil. to Strip C. Y. 0 $1 .00 $0. 00 4 Scarify Compacted Areas ACRE 0. 0 $725. 00 $0. 00 5 Seed, Fertilize, Mulch ACRE 0. 5 $500. 00 $250.00 TOTAL $250.00 NOTES/DESCRIPTIONS: Seed, Fertilize, Mulch Reseed 0. 5 Acre • 890424 m NU.G-0W0 Colorado Owners Regionrm or EXHIBIT O ALTA Owners on Fo—Form B-19]0 Amended 10-17-]0 POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2.Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land;or 4.Unmarketability of such title. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company a ' � ` il President By fr.", �C o if- President By „-�' Secretary4tk, 6 890424 FORM NO. C-3000-1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM S- 1970 (AMENDED 10.17.70) SCHEDULE A Amount of Insurance$ 700 ,000 .00 Policy No. 8015048 Date of Policy January 3 , 1984 Sheet 1 of 5 7:00 A.M. I. Name of Insured: C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation 830424 FORM NO. C.0000.2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17.70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM S-1970 (AMENDED 10-17.70) SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows: The SEA of the SW4; the W4 of the SW1 of the SEA; the NE1 of the Sigh of the SEf ; and the N1 of the SEA of the Sw1 of the SEk of Section 8 , Township 2 North, Range 68 West of the 6th P.M. , and the N1 of the NWt of the NEIL of the NWT of Section 17 , Township 2 North, Range 68 West of the 6th P.M. TOGETHER WITH a 60 foot wide non-exclusive, road and utility easement located in the Nh of Section 17 , Township 2 North, Range 68 West of the 6th P.M. , the centerline of which is more particularly described as follows: BEGINNING at a point on the North line of the NW; of Section 17 , Township 2 North, Range 68 West, of the 6th P.M. , which is 30 feet westerly of the North Ouarter Corner of said Section 17; thence Southerly and parallel with the Easterly line of said NWa of Section 17 , to the intersection with the centerline of a 60 foot wide, non-exclusive road and utility easement which is parallel with the Southwesterly line of the R.O.W. granted to The Denver Utah and Pacific Railroad Company by George W. Coffin by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 191 of the Weld County records; thence Southeasterly along said centerline of said 60 foot wide road and utility easement, and being 30 feet Southwesterly and parallel with the said Southwesterly railroad R.O.W. line to the intersection with the Northerly line of Weld County Road No. 20 and one-half. 890424 FORM NO. C-6000.38 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM II-I970 (AMENDED 10.17.70) SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1.)tights or claims of parties in possession not shown by the public records. 2.Easements, or claims of easements,not shown by the public records. 3. Discrepancies,conflicts in boundary lines,shortage in area, encroachments, and any facts which a cor- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service,or for any other special taxing district. 6. Right of way for said railway in width and in manner as provided by the acts of congress in relation thereto, as reserved by the Denver Pacific Railway and Telegraph Company in the Deed to George W. Coffin, recorded August 16, 1881 in Book 25 at Page 55. (Affects ShNWh of Section 17) 7. Right of way for said railway in width and in manner as provided by the acts of Congress in relation thereto, as reserved by the Denver Pacific Railway and Telegraph Company in the Deed to Amos J. Emmons, recorded April 22 , 1885 in Book 25 at Page 62. (Affects SWINE; of Section 17) 8. Right of way as granted to The Denver Utah and Pacific Railroad Company by George W. Coffin by Right of Way Deed recorded August 8, 1889 in Book 86 at Page 191, affecting the following described property: A strip o₹ ground 100 feet wide, it being 50 feet on each side of the center line of the railroad of said company as located upon Eh of the NW; of Section 17 , Township 2 North, Range 68 West of the 6th P.M. 9. Right of way as granted to The Denver Utah and Pacific Railroad Company by A.J. Emmons by Right of Way Deed recorded August 8 , 1889 in Book 86 at Page 192, affecting the following described property: A strip of ground 100 feet wide, it being 50 feet on each side of the center line of the railroad of said company as located upon NEB of Section 17 , Township 2 North, Range 68 West of ' he 6th P.M. 10. Farmers No. 3 Reservoir, and any and all rights of way therefore, as evidenced by Map filed June 1, 1910 as Filing No. 156140, insofar as the same may affect subject propertg90424 FORM NO. C-8000-3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM ■-1970 (AMENDED 10.17-70) SCHEDULE B—Continued 11. Right of way to take water from Coffin & Davis Ditch over and across SW/ of SEA and SE, of SW; of Section 8 , Township 2 North, Range 68 West of the 6th P.M; also the right to use the present road over, through and across the described land for egress and ingress, as granted to George R. Powell by George E. Coffin by deed recorded January 11, 1917 in Book 463 at Page 278 . 12. All ores and minerals, including oil and gas within, upon or under said parcels of land with full rights to explore for and extract the same but without the right to distrub the surface thereof, as reserved by The Great Western Sugar Company in the Deed to Frank Distel, recorded May 24 , 1968 in Book 595 as Reception No. 1516785, and any interests therein or rights thereunder. (Affects the following described property: ) A parcel of land in the SW;NE:, Section 17 , Township 2 North, Range 68 West of the 6th P.M. , more particularly described as follows: Commencing at a point which is the center of said Section 17 ; thence NO°35 'E 25. 0 feet to the North right-ofOway line of a county road, the true point of beginning; thence NO°35 'E along the West line of said NE; , 250 feet, more or less, to the Southwesterly right-of-way line of the Chicago, Burlington & Quincy Railroad, Lyons Branch (previously B. & M. R.R. ) ; thence S51°21'E along the said Southwesterly right-of-way line 402 feet, more or less, to the intersection of said right-of-way line of the Chicago, Burlington & Quincy Railroad with the North line of the county road; thence West along the North line of the county road; thence West along the North right-of-way of the county road 316 feet, more or less, to the point of beginning. Also, all that part of the SEA of the NW; of said Section 17 , more particularly described as follows: Beginning at a point on the North and South centerline of said Section 17 and 25 feet North of the center of said section; thence North along said North and South centerline of said Section, 250 feet, more or less , to the point of intersection with the South- westerly right-of-way line of the Chicago, Burlington & Quincy Railroad Company; thence along said Railroad Company right-of-way -N31°21'W 379. 3 feet to a point; thence South along the East line of that certain tract or parcel conveyed by The Great Western Sugar Company to Melvin E. Longfellow by deed dated August 17, 1948, recorded Apri122 , 1949 in Book 1246 at Page 96 of the Weld County records, a distance of 51. 0 feet; thence on the same line extended South and parallel with the East line of said NW; , 164 . 5 feet to a point; thence Southeasterly 400 feet, more or less, to the point of beginning. 890424 FORM NO. C-6000-3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM ■-1970 (AMENDED 10.17.701 SCHEDULE B—Continued 13. Oil and Gas Lease between Melba Grace Distel, Lessor, and Buddy Baker, Lessee, for a primary term of 5 years, dated October 26, 1979 and recorded December 3, 1979 in Book 889 as Reception Not 1810719 , and any interests therein or rights thereunder. 14. All Oil and gas in, on and under, and that may be produced from the subject property as reserved by MELBA GRACE DISTEL in the Deed to L & M READY MIX CONCRETE CO. OF BOULDER, a Colorado corporation recorded December 30, 1983 in Book 1017 as Reception No. 1951667. 15. Deed of Trust from : C & M Ready Mix Concrete Co. of Boulder to the Public Trustee of the County of Weld for the use of : Melba Grace Distel to secure : $ 500 ,000 .00 dated : December 29 , 1983 recorded : December 30 , 1983 in Book 1017 as Reception No. 1951668 890424 • EXHIBIT 0 it/ovhas• if-se .zw4/ A tf„'r 3S Arras _.EASE AGREEMENT fist' ---702003---702003?-611-11 'THIS AGREEMENT, is made and entered into this day of December, 1983, by and between MELBA GRACE DISTEL (hereinafter called "Lessor") and C & M READY MWK•CONCRETE COMPANY (hereinafter called "Lessee"). WIT-NE S S E T H : The Lessor, in consideration of the payments as provided for herein and the keeping and performance of the covenants and agreements by the Lessee, hereby leases unto the Lessee the following described real property situated in the County of Weld, State of Colorado, as follows: N1 of the NEk of the NEk of the NWk, and Sy of the N1 of the NEk of the NWk, and N1 of the Sbe of the NEk of the NWk, and NWk of the Wilk of the NEk, All in Section 17, Township 2 North, Range 68 West of the 6th P.H., Being 35 acres, more or less -To have and to hold, as provided hereinafter unto the Lessee for a term of Yen (10) years plus ten (10) years, commencing on the date of -execution of this agreement. I. TERM. -This lease shall continue in full force and effect for the initial ten (10) year term (12/29/83 to 12/28/93) and may be renewed at the option of. the _Lessee for an additional ten (10) year period (12/29/93 to 12/28/03). II. CONSIDERATION. Lessee shall pay_Lessor on the date of execution any_gravel removed from the demised property is included -as part of the yearly lease payment. III. USE OF DEMISED PREMISES. The demised premises shall be used by the Lessee for the-purpose-of mining-sand -and gravel, processing and -storage of 890424 soir sand and gravel products, installation of water supply and settling ponds and other such activities related to the mining of sand and gravel, as determined necessary by the Lessee. -By granting this lease. Lessor acknowledges and understand the purpose of Lessee's operation which may involve inconveniences and hazards -to Lessor and/or Lessor's livestock. Lessee does not warrant or represent that the area under their control, as provided herein, are free from hazards but that such hazards will be insured and minimized and will further be limited and affected by the conditions of issuance of such mining permits as-will be required for the conduct of its operations. Lessor agrees that during the term of this Lease, or any extended term, not to construct or allow to be contructed any permanent structure or improvement, or any temporary structure or improvement, or to engage in any activity on the demised premises that mould interfere with Lessee's-use of the Remised premises for the purpose-stated. Lessee agrees that during the -term of this Lease, or any extended term, that the Lessor shall be allowed to use any portion of the -demised • premised that is not currently required-by the Lessee for its activity provided such use is limited to raising of crops and/or grazing by livestock and such use(s) would not represent a-safety hazard as solely determined by Lessee. Lessee further agrees not to use that-portion of the Sig, NWk, NWk, NEC, Section 17, south-0f the drainage ditch, -so long as that portion of the demised-premises remains part of a larger crop producing field. IV. RECLAMATION. It is understood by the parties that the demised premises will be included in, and restored in accordanee with, a reclamation plan that will be developed as-part of the mining permit approval-package for Weld County and -the State tf Colorado. The Lessee agrees to consult with the Lessor on the-specific details of the reclamation plan at the time of its development with the intent of maximizing the agricultural productivity of the demised / // premises as a post wining use. 4sf .,..1 ~ reswl 7 !es +...« T•sJ �)ti` at p.•J .4 s.ttte_ / V. PERMITTING. _Lessee shall-have-the sole obligation to obtain any required permit from local, state or federal governmental authority to conduct the anticipated mining aperations on the demised premises and Lessee shall be responsible for any and all costs associated therewith. _Lessor agrees to cooperate-with_Lessee in obtaining all such permits and shall-not oppose such permit even if afforded an opportunity to do so. 89°424 'T' r VI. COINCIDENTAL .USE. . Lessor shall have the right to mutual ingress and egress upon said premises and shall retain all right, title, and interest therein not specifically granted to the Lessee in this agreement, provided -however, that Lessor's concidental use of the premises shall not at any time interfere with the mining or processing operations of the Lessee. VII. TAXES AND LIABILITY. Lessee shall pay all mortgages and taxes imposed on it or its operations, including ad valorem taxes on real or personal property assessed to it and shall promptly pay or discharge all mechanics and materialmen, any of which may result in the imposition of a lien on the property leased. Lessee shall further defend and hold and save the lessors /1- /u6./chess /u.rs area ICJ, Px sat(r•'•/ er.,<. Y*rs taenrei harmless from any cr lei � d._--,lessorsfasa re6'ult o the activity of Lessee, including violation of conditions of any such permits or licenses or claims of damage or loss or for personal injuries or otherwise. VIII. NOTICES. Any notice required or permitted to be given by the provisions hereof and all payments from one party to the other shall be sufficient if mailed, postage prepaid, and addressed to the other party at the following addresses: Name Address Melba Grace Distel 1443 Weld County Road 201 Longmont, CO 80501 C & M Ready Mix-Concrete Company P.O. Box 315 Boulder, _CO 80306 -IX. ASSIGNMENT. Lessee has the right at any time during the term of this agreement or any extended term to assign or sublease all or part of the demised property with the consent of the Lessor which consent ,hall not be unreasonably withheld. X. RELEASE. Lessee may at any time execute and deliver to Lessor or place of record a release covering all of the demised premises and hereby surrender this lease from and after the date of such release, thereby ter- stinting all obligations hereunder except obligations accrued as of the date of the surrender. XI. SUCCESSORS. The terms and_conditions of this agreement shall inure to and be binding upon the assigns and successors of the parties hereto. v y IN WITNESS WHEREOF, the parties hereto have signed this agreement 3s of the date and year first above written. Lessor: MELBA GRACE DISTEL Lessee: C6M Company Ready Mix Concrete Company STATE OF COLORADO ) ) 5S COUNTY OF The foregoing_instrument was acknowledged before me this �f day of l„zei/aiR/ , 1983 by MELBA GRACE DISTEL. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: ' 1 {, NOTARY PUC I -PUB Arr , (SEAL) Address: R Longmont ;0501ib ., II�yCOFc,�O�= STATE OF COLORADO ) SS COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this ,,?9:r2day of iQeee,)'AfU , 1983 by .2,L,/ a),, ale T/ire�0 -on behalf of CoM Ready Mix-Concrete Company. WITNESS MY HAND AND OFFICIAL SEAL. 1y COMMISSION expires Aug.4,198 M` MY COMMISSION aXPIRES: S SINY Pb: NOTARY '%:LIC JANET (SEAL) Address: C i . Longmont J '�01 ti; OF tat, 830424 -4- B 101 / REC 01951667 12/30/433 16:42 56.00 2/002 F 0326 MA ,ANN FEUERSTEIN 'CLERK 6 RFiW/RDE-R WELD CO, CO The SE/-4 bf the SW/4; the W/2 of the SW/4 of the 8E/4; the NE/4 -of the SW/4 of -the SE/4/ and the N/2 o₹ the SE/4 'of the SW/4 of the SE/4 of Section 8, Township 2 -North, Range 68 West of the 6th P.M., and the N/2 -of the NW/4 -0f the NE/4 of the NW/4 of Section 17, Township 2 -North, Range 68 West of the 6th P.M. , Weld County, -Colorado, -excepting and reserving to -grantor, her suc- cessors and assi-gns, all oil and gas in, on, under, and that may be produced from the above described _property, At being under- stood that all other minerals, including sand and gravel, are conveyed -hereby; -Together with a 60 -foot wide non-exclusive, road and utility easement, carrying with it the requirement and liability for any culvert intersecting -the easement at no cost or expense to -gran- tor, located in the North One-Ralf of Section 17, T2N, REBW of the 6th P.M. , Weld County, Colorado, -the centerline of which being more particularly described as follows- Beginning at a point on the North line of the NW Quarter o-f Section 17, T2N, R68W of the _6th P.M., -which is 30 foot -westerly of the North Quarter Corner 'of -said Section 17; thence southerly, and parallel with the easterly line of said Northwest-Quarter of Section 17, to the intersection with the Centerline of a -60 loot wide, non-exclusive road and utility easement which is -parallel with -the southwesterly line _of -the -t.-0.W. granted to The Denver Utah and -Pacific Railroad Company by George W. Coffin by -tight of Way Deed recorded August 8, 1889 in Book 86 at Page 191 o₹ the Weld -County records; thence southeasterly along said centerline of said 60 toot wide road and utility easement, and being 30 -feet southwesterly and parallel with the said southwesterly railroad R.O.W. line to the intersection with the northerly line of Weld County Road No. 20 and one-half; Together -with an undivided 15.9% interest in and to the Coffin, -Davis Ditch and the Decree, including, but not limited to that portion of the decree recorded in Book 952, -Reception No. 1$74151 of the Weld County records; and ion Film 1182, -Reception No. 466611 _of -the Boulder _County records. Directions from Denver Take 1-25 north to S.H. 1j9, then-west totounty line-road (seperates Boulder/Weld counties), approx. 4 miles to-turnoff. Turn south on county line, Wso 1/ miles to road 20/ turn east Ps miles to site. 1443 Weld County Road 201/ Longmont, Colorado 80501 EXHIBIT A 880494 -EXHIBIT Q Municipalities within two miles of Distel Farm -Resource : City of Longmont Civic -Center Complex 3rd and -Kimbark £treet Longmont, CO 430501 ( 303) 776-6050 830424 Q-1 Hello