HomeMy WebLinkAbout880825.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT FOR AN OPEN-PIT MINE - ANDESITE ROCK COMPANY
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public
hearing on the 17th day of August, 1988 , at the hour of 2 : 00 p.m.
in the Chambers of the Board for the purpose of hearing the
application of Andesite Rock Company, c/o Rick Everist, 3955
Youngfield, Golden, Colorado 80401, for a Site Specific
Development Plan and Special Review Permit for an open-pit mine on
the following described real estate, to-wit:
W} of Section 26 and all of Section 35 ,
Township 11 North, and Section 1 , Township 10
North, all in Range 67 West of the 6th P.M. ,
Weld County, Colorado
WHEREAS, said applicant was represented by Rick Everist,
project manager, 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 Section 24 .7 , 44 .1 , 44 .2 ,
and 44 . 3 of the Weld County Zoning Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 . 4 .2 of the Weld County Zoning Ordinance as follows :
a. This proposal is consistent with the Weld County
Comprehensive Plan ' s Mineral Resources Goals and
Policies, Unincorporated Communities Goals and
Policies, and the Transportation Goals and
Policies. The Conditions of Approval and
Development Standards will assure that these goals
-P,(-Oi/x76 880825
Page 2
RE: USR - ANDESITE ROCK COMPANY
and policies are met. The Comprehensive Plan
encourages the extraction of mineral resources when
the mining plan promotes reasonable and orderly
development of the mineral resources.
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 proposal which would be permitted will be
compatible with the existing surrounding land uses
which include dryland pasture, dryland farming, and
gravel mining. The Development Standards address
concerns regarding unfavorable impacts on the
surrounding areas.
d. The proposed use will not have an undue adverse
affect on existing and future development of the
surrounding area as permitted by the Comprehensive
Plan.
e. No overlay districts affect the site.
f. Special Review Permit Conditions of Approval and
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 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 be adopted and placed on the Special
Review plat prior to recording the plat. The plat shall
be delivered to the Department of Planning Services and
be ready for recording in the Weld County Clerk and
Recorder' s Office within 15 days of approval by the
Board of County Commissioners.
2 . The Special Review activity shall not occur nor shall
any building 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 . Prior to the Special Review activity occuring on the
site:
880825
Page 3
RE: USR - ANDESITE ROCK COMPANY
a. Evidence of a water supply, approved by the
Division of Water Resources , shall be submitted to
the Department of Planning Services.
b. A copy of a soil erosion control plan, approved by
the West Greeley Soil Conservation Service, shall
be submitted to the Department of Planning
Services. The plan shall include the time frame
for planting of the seed, maintenance of the plants
to insure optimum growth and replacement of seed
grass, and a list of the variety or cultivars of
the plants to be used.
c. An emissions permit shall be obtained from the Air
Pollution Control Division, Colorado Department of
Health, for fugitive dust and source emissions.
d. An NPDES permit shall be obtained from the Water
Quality Control Division of the Colorado Department
of Health.
e. A copy of a cultural resource survey shall be
submitted to the Weld County Planning Department
and the Colorado Historical Society.
4 . Prior to hauling any materials on Weld County roads, an
off-site road improvements agreement shall be approved
by the Board of County Commissioners.
5 . 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.
However, Weld County has jurisdiction of those
matters outlined in the Development Standards.
880825
Page 4
RE: USR - ANDESITE ROCK COMPANY
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
August, A.D. , 1988 .‘172142BOARD OF COUNTY COMMISSIONERS
ATTEST: et� WEL UNTY, COLORADO
Weld County erk and Recorder
and Clerk to the Board eneR.ran ertYf ;Chairman
O�2�yuei � C.W. Kirby, Pr/Tem
eputy County erk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: Jacquel ' e nson
C---3C7 �--`
G -pr
County Attorney
Frank Yamaguchi
880825
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Andesite Rock Company
BSR-840
1 . The Site Specific Development Plan and Special Review Permit
is for an open-pit gravel mine 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-cut gravel operation shall comply with Section
44 .4 , Operation Policies. Any violation of these regulations
shall be grounds for enforcement of Section 44 . 5 ,
Cancellation of Permit.
4 . All mining and loading of rail cars shall occur during
daylight hours.
5 . Truck traffic from the Special Review site shall be west on
Weld County Road 124 for two miles, then north on Weld County
Road 17 for one mile, and then west on Weld County Road 126
to 1-25; or east on Weld County Road 120 to U.S. Highway 85 .
6 . Waste oil, empty oil and fuel containers, antifreeze, and
other associated liquid and solid wastes, shall be stored and
removed for final disposal in a manner that protects against
surface and groundwater contamination.
7 . No permanent disposal of wastes shall be permitted on the
site .
8 . Any structure where people work or congregate shall contain
an adequate, convenient, sanitary toilet and sewage disposal
system in good working order. The septic system for the
proposed facility shall be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual
Sewage Disposal System Regulations .
9 . Fugitive dust shall be confined on this site and controlled
on any access roads serving the facility.
880825
Page 2
DEVELOPMENT STANDARDS - ANDESITE ROCK COMPANY
10 . Maximum permissible noise level shall not exceed the
industrial limit o₹ 80 db (A) , as measured according to
25-12-102 , Colorado Revised Statutes .
11 . Should a cultural resource be identified prior to or during
excavation, excavation shall halt until the resources have
teen evaluated by the Colorado Historical Society in terms of
the National Register of Historic Places, Criteria 36CFR60 .4 .
12 . All construction on the property shall be in accordance with
the requirements of the Weld County Building Code Ordinance.
13 . The property owner or operator shall be responsible for
complying with the Design Standards of Section 24 .5 of the
Weld County Zoning Ordinance.
14 . The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24 .6 of the
Weld County Zoning Ordinance.
1-5. 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.
16 . 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 .
17. 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.
880825
HEARING CERTIFICATION
DOCKET NO. -88-46
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN
OPEN-PIT MINE - ANDESITE ROCK COMPANY
A public tearing was conducted on August 17, 1988, at 2:00 P.M. , with
the following present:
Commissioner Gene Brantner, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Jacqueline Johnson
Commissioner Gordon E. Lacy
Commissioner -Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
-Assistant County Attorney, Zee D. Morrison
Planning Department representative, Keith Schuett
The following business -was transacted:
3 -hereby certify that -pursuant to a notice dated July 27, 1988, and
truly published August 3, 1988, in the Platteville Herald, a public
hearing was conducted to consider the request of Andesite Rock Company
for a Site Specific Development Plan and Special Review Permit for an
-open-pit mine. 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. Mr. Schuett also read into the record an addition to
Condition #3 and a new Development Standard, proposed as #11. These
additions were made to comply with a request from the Colorado
Historical Society. Rick Everist, project manager for Andesite Rock
Company, made comments concerning this application. John Houtchens,
Attorney representing Lazy D Grazing Association and Arvid DePorter,
spoke about water in the area. He asked for strict controls to protect
historic water rights. Mr. Everist responded that this will be a dry
operation, and that alternate water resources can be made available.
Mr. Everist stated that the applicant has no problem with the
Conditions and -Development Standards as proposed. Commissioner Lacy
-moved to approve this request for a Site Specific Development Plan and
Special Review Permit, subject to the amended Conditions and
Development Standards as recommended. The motion, seconded by
Commissioner Kirby, carried unanimously.
This Certification was approved on the 22nd day of August, 1988.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: .� WELD OUNTY, COLORADO
O
Weld County Clerk and Recorder ICJ fe������� .,
and Asa to the Bp4r tene R. Brantner, Chairman
De ut /County Cle C.W. Kirby, Pro-Tep
EXCUSED DATE OF APPROVAL
Jacqueli J nson
TAPE #88-37 G cy
DOCKET #88-45
ran ague i
PL0446
880825
PUBLIC NOTICE
The Board of County Commissioners of Weld County, Colorado, on August 17,
13985, 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, U.R.S. , as amended, for a period of three years.
APPLICANT: Andesite Rock Company
c/o Rick Everist
3955 YoungTiel-d
Golden, Colorado 80401
LEGAL DESCRIPTION: W} of Section 26 and all of Section 35, Township 11
North, and Section 1, Township 10 North, all in Range 67 West of the
6th P.M. , Weld County, Colorado
TYPE AND INTENSITY OF APPROVED USE: Open-pit mine
SIZE OF PARCEL: 1,600 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 FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
PUBLISHED: August 24, 1988, in the Platteville Herald
-880825
AffidaL'it of Publication
STATE OF COLOR'ADOI
County of Wu 1(.11 ss.
A. Winkler Riesel „I
said l'ounIN (II Wi Id bldg dtlh wnrn lit Ina' I
am publisher tic P /kLD
T ATTFITTT T I .4g
that the same is a wee kit nett spat.-r m{,neral
circulation was pnntrd and published to the
town of PLATTEVILLE -
in said countC and slot• Thal the not al doter. y
usemen:.of which the a•:m trd na tsar cop his .'3,,.
been published in said weckP, ncm'spcper for PIIBIlt raB
The Seeedsl.ens se�_s„q consecutive The
of Weld County, Col-
wrrlts that the notice was published in the -erode, en August 17, 1000,
regular and entire issue of even number of said -e7ideo tIs
i during the in thane s apex proper
tionof said notice and in the newspaper proper
and not in a supplement thereof: that the first ••
publication of said notice was contained in the AININAdi S -IC �'
,
issue of said newspaper bearing the date. the poAs1 ,curt
a date of�, . . t.A.D.. 119W =t"U1d1Met l*I"
"-"'�"' 3955 Voun5/Nld
and the last-publication thereof. in the issue of Golden, Colorado 00101
LEGAL DESCRIPROILAY 12 of
said newspaper. bearing .21 dale. the � doe of Section 46 end Oat Sl.e•on 04
rrff//, Township 11-Neer,yW Section
�` Ae IPJta'. _'Ghot the said 1, TewmhlP 10 NOS NI In
Ra 57 Wen n BH Oth P.Y.,
w•hi-0ouny, fix �'' !!II{{
PLATTEVILL-E HERALD TYPE AND INTtlMTITY of Ap-
-has been publishru ccitu:iousl. and unifier- PROVED USE:Opemplt mine
SIZE OF PARCEL:,Y erns,
ruprcdle du:mc the period of at least C(1 cnto Mora Of Mee
-consecutive weeks next prior to the first issue Failure to abide lay the term.
thereof containing said notice or advertisement end conditions et o proeel will
result in•Ie. ins eft vaned
above referred to: and that said newspaper wasnem right
at the timeof each of the publications of said in
notice duly qualified for that purpose within the '-BOARD OF
meaning of an act entitled. •'-An Act Concerning COUNTY COYYIBSIONERS
-WELD COUNTY. COLORADO
Legal Notices. Advertisements and Publications
and the Fees of Printers and Publishers thereof. -BYe MARY ANN FRUESISTEIN
and to Repeal all Acts and Parts at Arts mton- coUNTY CLERK ANC
RECORDER
Apr with: 21• Prmand at!isions of n this e Act- approved -AND CLERK TO THE BOARD
April 921. and al! aeu n^^Tents the real _and
pariicularth: a are •ndec b .- act -r P r BY:Wag tem D•»..._,
Marc 3 le a an alt 1(, 'd at 3. MIMS fit-
19+ / e NW-
/ W+Mops 7b N
I• •I.shcr.
Su . 'nbe•d and 1wort to before me this 21 ,
da,e,l -n 19 f C F Arj - Nola° Public
FORT LUPTON PRESS
—
Eon Lupton,Lupton,CO 80621
Nv rontnnsvnn.spires Jo/R 7J 860.825
NOT I CE
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, Col-orado, Weld County Centennial
Center, 91-5 110th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in she 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 stake a record of the -proceedings, in -addition to she taped
record which will he 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 0₹fice shall be
advised in writing of such action at least five days _prior to the hearing.
The cost of engaging a court reporter shall le 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. 8$-46 Andesite -Rock Company
c/o Rick Everist
3955 Youngfield
Golden, Colorado 80401
DATE: August 17, 1988
TIME: 2:00 P.M.
REQUEST: Site _Specific Development Plan and Special Review Permit -
Open-pit mine
LEGAL DESCRIPTION: W} of Section 26 and all of Section 35, Township 11
North, and _Section 1, Township 10 North, all in -Range 67
West of the Pith P.M. , Weld County, Colorado
-LOCATION: Southeast of Carr; south of Weld County -Road 126, east of Weld
County Road 21, and north of -Weld County Road 120
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE 130ARD
BY: Mary Reiff, Deputy
DATED: July 27, 1988
PUBLISHED: August 3, 1988, in the Platteville -Herald 880625
Eh
ri
PROOF OF PUBLICATION
The North Weld Herald
Eaton, Colorado 80615
NOTICE
STATE OF COLORADO, ) Pursantbuemelejlaw..4tho6Weof
County of Weld ) ss. lle�Weda b 0701-
Cha ,a°-d-the Beardr-aflmny Gangs-
signers at-w.d.Canty, Celeeado, Weld
County..CenWnld Center,915 10th Street,
;First Floor, Greeley,'Celendo,-at thejlae
specified.All pleas in rusy reamer bared-
ed in the Site Spetmc-Development Plan and
Sped&Review Peealt an requested bra-
tend and may be heard.
I, Shavon Y O n Li solemnly-swear
the applicant at any Interested par.
K non , do solemn) swear that I am ty desire theareecaeasaurt repeater to
make a record of the preeesdlnp;a addition
Ogice Manage(of THE NORTH WELD HERALD; that the to the taped record Which will nekept-during
same isa weekly newspaper printed, in whole or in part,and the hearing,the-Clerk to the Board's-Ome
rtified court
published In the County of Weld, State ofColor-ado,and has roporrters in the e contacted for•list court resat is
a general circulation therein; and that said newspaper has obtained,the Clerk[tithe Baud's shelf
been published continuously and uninterruptedly in -said -B•edm prior-to the hearing. The tat of
County of Weld for a period of more than fifty-two _con- the reque g 1coseta
p°rtor shall be borne by
secutive weeks next prior to the first publication of the BE IT°ting rpvutty,ALSO KNOWN that the text and
maps so certified by iheWPeld County Plan-
annexed legal notice'r advertisement; that said newspaper ning Commission-maybe examined in the
has been admitted to the united States mails as second- office of the Clerk to the Boar of County
Commissioners,leaded In the Weld County
class matter under the provision of the-Act of March 3, 1879 centennial center, 915 10th Street, Third
or any amendments thereof, and that said news Paper isa D°Oc'Gr°�f NO. Colorado.
weekly newspaper duly qualified for publishing legal APPLICANT
%o notices and advertisements within the meaning of the laws c/o klckEF�at°ap°°y
of the State_of Colorado. 3955 Youegeeld
Golden,Colorado 80401
DATE,August 17,1988 RI tI P.M.
That the -annexed legal -notice or advertisement was EST:
REQUUEST; Site Review-Permit
SpeakPertKlevelopmentmine
Plan
published in the regular and entire issue of every number of andLEGALriESCRL TIONC -vpof'SRml°`
LEGAL DESCRo-35, Town of 5ecUeui6
said weekly newspaper for the-period-of of / Cone) and all of Section-35, Township_11 North,
consecutive insertions; and that the first publication of said and o67W 67-West
. North, all in
Runge Section
t ono,d the_Township
10 aoa-
notice was in the issue of said-newspaper dated ty,Col^redo
�/ LOCATION,Southeast of Can;south of Weld
u Ci t1S f- f". L—F®t A.D., 19 g$ , County Road 126,east of Weld ConntfRead
and that the last publication of said notice BOARD O was in the issue ]1,nod north of weld C ARD OF COUNTY
B COUNTY
of said publication dated Aill u s+ -q -A.D., 19 88 , WELD COUN
TY,WLDRMo
In witness whereof I have hereunto set m hand this BY,MARY ANN FEUERSTEIN
n y COUNTY CLERK AND RECORDER
day of Auk us t -A.D., 19 g.g , AND CLERK TO THE BOARD
BY,Mary Reiff,Deputy
DATED,Jdy 27,1960
041 e Man a9
Subscribed and sworn to before me, a notary public in
and-for the County of W_eld,State-of Colorado, this
5111 -dayof 44 e(S/ AU., 19 Fr
/✓ / Gam.. ; CT./�72t _
Notary Public
•
aa3F.2cr ter
880_825
�Y Foelmission E*put-Ckt. IP, 1990
•
4,
Av
COLORADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver, Colorado-80203-2137
July 29, 1988
Keith A. Schuett
Planner AUG 1988
Department -of Planning Services
915 1Dth Street
Greeley, CO 80631 Weld Ce. Maiml
RE: Andesite Ztock Company USR-840
Dear Mr. Schuett:
This office has reviewed the information concerning the above special
permit.
A search of the Colorado Inventory of Cultural Resources has indicated
that there are two known sites (SWL276 and 339) lo_cated within the project
permit area. Both sites were recorded in 1961 so our information on them
is minimal and neither site has Steen evaluated in terms of the National
Register criteria, 36CFRGD.-4. There has not Seen an adequate survey of
the total permit ar-ea.
Based on shis information, we recommend that a cultural resource survey
be _conducted to -determine the extent of the cultural resources within
the permit area. All sites located should be evaluated in terms of the
National Register of -Historic -Places criteria and a -determination of
effect completed on the eligible resources.
If this office can be of further assistance please contact Jim Green
at 866-4674.
Sincerely,
r))"CAAb
Barbara Sudler
State Historic Preservation Officer
BS/WJG:je
880825
Cxh - hi. F
DATE: July 27, 1988
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 hearings for the 17th dali of August, 19E28 , at 2 : 00 P.M.
Docket SLo. 88-45 - Special -Review Permit for an agricultural
service establishment (commercial greenhouse) in A
(Agricultural) Zone District - handy and Regan Waddle
Docket Na. 88-4-6 — Special -Review Permit for an open pit mine -
Andesite Rock Company
OFFICE OF THE C E p 0 THE BOARD
BY: ��7J Deputy
The above mentioned hearing date and tearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
r�-
880825
Summary of the Weld County Planning Commission Meeting
July 19, 1988
Page 5
APPEARANCE:
Randall Waddle, property owner and applicant, explained that they want to
put up a greenhouse to supplement their nursery. The greenhouse would allow
them to grow seasonal plants and to start some of their own plants from
seed. Very little of their business is retail.
The Chairman called for discussion from the members of the audience. There
was no none.
MOTION:
Ernie Ross moved Case Number USR-839 for Randall and Regan Waddle for a Site
Specific Development Plan and a Special Review permit for an Agricultural
Service -Establishment (Commercial Greenhouse) in the Agricultural zone
district be forwarded to the Board of County Commissioners with the Planning
Commission's recommendation for approval based upon the recommendation,
conditions, and Development Standards as presented by the Department of
Planning Services' staff and the testimony heard by the members of the
Planning Commission. Motion seconded by Louis Rademacher.
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. Bud Halldorson - yes; Ernie Ross - yes;
Jerry Burnett - yes; Louis Rademacher - yes; -Paulette Weaver - yes; Lynn
Brown — yes. Motion carried unanimously.
CASE NUMBER: USR-849
APPLICANT: Andesite Rock Company
REQUEST: Site Specific Development Plan. and a Special Review permit for an
Open-Pit Gravel Mine
LEGAL DESCRIPTION: W} of Section 26 and all _of Section 35, T11N, and
Section 1, T1ON, R67W of the 6th P.M. , Weld County,
Colorado
LOCATION: Southeast of Carr; south of Weld county Road 126; -east of Weld
County Road 21 and north of Weld County Road 120
APPEARANCE:
Rick Everist represented the applicant. This is a 1, 100 acre site and they
want to ship this gravel to the Denver/Metropolitian area by rail. There
are four phases -of _operation and the mining operation is -expected to last
approximately thirty years. There will never be more than fifteen to twenty
acres expoza-d at any one time because the method of mining and reclamation
will -be continuous. They have been operating a gravel mine in the _Del
C' K/�/T 880825
K
Summary of the Weld County Planning Commission Meeting
July 19, 1988
Page 6
Camino area for about ten years. Andesite is a subsidiary of the J. C.
Everist Company based in South Dakota and has been in business continuously
for 110 years. The water used to wash the gravel will be reused and
recirculated to conserve water. Much of the water will percolate -back into
the soil. Also, they will make an agreement with the Engineering Department
to maintain the roads at County standards.
Tape 325 - Side 1
After approval of this request by the Planning Commission and the Board of
County Commissioners, they will apply to the Division of Water Resources for
'adjudication of water rights.
The Chairman called for discussion from the members of the audience.
Roger Houtchens, Attorney, represented the Lazy D Grazing Association.
While they are not exactly against this request, they are worried about the
water being used from Lone Tree Creek. Also, there are Indian tee Tee rings
in the area. He asked that the State Historical Society be sent a _referral
by the Planning Commission, and that these artifacts be permanently
preserved.
Lloyd Thomas, owns part of the land that is included in this request. The
tee pee rings are not included in the leased property and lay against the
creek bank. They -do not want the tee pee rings _disturbed and Andesite has
agreed to this request.
Dan Tracy, property owner -downstream of the Lone Tree Creek, 3s concerned
about any water being taken from the Creek. This is very arid country.
Tape 323 - Side 2
Dale Van Loo, surrounding -property ownei, expressed his concerns regarding
the use of water, the noise and dust generated from the operation and the
time span of the operation.
Rachel Cridenier, area resident, spoke about the increase in traffic, and
the noise _from rom traffic and mining equipment.
Brian Bingle stated the staff will make an identification to the State
Historical Society -prior to this request going to the Board of Lounty
Commissioners.
The Chairman asked Brian Bingle to read the recommendation, conditions, and
Development Standards as outlined by the Department of Planning Services
into the record.
880825
Summary of the Weld County Planning Commission Meeting
July 19, 1988
Page 7
The Chairman asked the applicant if he wished to discuss any of these items?
He reported he had no problem with these at this time.
MOTION:
Ernie Ross moved Case Number USR-840 for Andesite Rock Company for a Site
Specific Development Plan and a Special Review permit for an Open-Pit Gravel
Mine be tabled until the applicant submits evidence that a water supply has
been approved 'by the Division of Water Resources. Motion seconded by Jerry
Burnett.
The Chairman called for discussion from the members of the Planning
Commission. The Planning Commission discussed whether or not continuing
this request would just prolong the process or if this request is complete
for the _Planning Commission action at this time. Andesite cannot operate
until they have received all the proper permits, and this appears to be the
first step in the process.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Bud Halldorson — no; Ernie Ross - yes; Jerry
Burnett - yes; Louis Rademacher - no; Paulette Weaver - no; Lynn
Brown - no. Motion carried is denied with two voting for the motion and
four voting against the motion.
MOTION:
Paulette Weaver moved Case Number USR-840 for Andesite Rock Company for a
Site Specific Development Plan and a Special Review permit for an Open-Pit
Gravel Mine be forwarded to the Board of County Commissioners with the
Planning Commissions recommendation for approval based upon the
recommendation, conditions, and -Development Standards as presented by the
staff, and the testimony heard by the members of the Planning Commission.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Bud Halldorson — yes; Ernie Ross - no; Jerry
Burnett - no; Louis Rademacher - yes; Paulette Weaver - yes; Lynn
Brown - yes. Motion carried with four voting for the motion and two voting
against the motion.
The meeting was adjourned at 4:05 p.m.
Respectfully submitted,
Bobbie Good
Secretary
880825
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paulette Weaver that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by the Weld
County Planning Commission that the application for: "
CASE NUMBER: USR-840
NAME: Andesite Rock Company, c/o Rick Evxrist JUL5 i88
ADDRESS: 3955 Youngfield, Golden, CO 80401 flak sci,ptjj
REQUEST: A Site Specific Development Plan and a S vial Review permit for
an Open-Pit Mine «�
LEGAL DESCRIPTION: W} of Section 26 and all of Section 35, TL1N, and
Section 1, TION, all in R67W of the 6th P.M. , Weld
County, Colorado
LOCATION: Southeast of Carr; south of Weld County Road 126, east of Weld
County Road 21 and north of Weld County Road 120
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 Sections 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 Resources Goals and Policies,
Unincorporated Communities Goals and Policies, and the
Transportation Goals and Policies. The conditions of
approval and Development Standards will assure that these
goals and policies are met. The Comprehensive Plan
encourages the extraction of mineral -resources when the
mining plan promotes reasonable and orderly development of
the mineral resources.
The proposal is consistent with the intent of the
Agricultural zone district and is provided for as s Use by
Special Review.
The proposal which-would be permitted will be compatible with
the existing surrounding land uses which include dryland
pasture, dryland farming, and gravel mining. The Development
Standards address concerns regarding unfavorable impacts on
the surrounding area.
_ 880825
,XN/s/T
USR-840
Andesite Rock Company
Page 2
- The proposed use will not have an undue adverse affect on
existing and future development of the surrounding area as
permitted by the Comprehensive Plan.
- No overlay districts affect the site.
- Special Review Permit Conditions of Approval and 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 for approval is conditional upon
the following:
1. The attached Development Standards for the Special Review permit
be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's office within 15 days of approval by the
Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
3. Prior to the special review activity occurring on the site:
- evidence of a water supply, approved by the Division of Water
Resources, shall be submitted to the Department of Planning
Services;
- a copy of a soil erosion control plan, approved by the West
Greeley Soil Conservation Service, shall be submitted to the
Department of Planning Services. The plan shall include the
time frame for planting of the seed, maintenance of the
plants to insure optimum growth and replacement of seed
grass, and a list of the variety or cultivars of the plants
to be used;
- an emissions permit shall be obtained from the Air Pollution
Control Division, Colorado Department of Health, for fugitive
dust and source emissions; and
880825
USR-840
Andesite Rock Company
Page 3
NPDES permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health.
4. Prior to hauling any materials on Weld County roads, an off-site
road improvements agreement shall be approved by the Board of
County Commissioners.
5. The following note shall be placed on the Special Review permit
plat:
NOTE: The Mined Land Reclamation Jioard 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. However, Weld County has jurisdiction of
those matters outlined in the Development Standards.
Motion seconded by Louis Rademacher.
For Passage Against Passage
Bud Halldorson Ernie Ross
Louis Rademacher Jerry Burnett
Paulette Weaver
Lynn Brown
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 Commission,
do hereby certify that the above and foregoing Resolution is a true copy of
the Resolution of the Planning Commission of Weld County, Colorado, adopted
on July 19, 1988, and recorded in Book No. XI of the proceedings of the
Planning Commission.
Dated the 20th day of July, 1988.
Bobbie Good
Secretary
880825
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Andesite Rock Company
USR-840
1. The Site Specific Development Plan and Special Review permit is for an
open-pit gravel mine 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-cut gravel operation shall comply with Section 44.4, Operation
Policies. Any violation of these regulations shall be grounds for
enforcement of Section 44.5, _Cancellation of -Permit.
4. All mining and loading of rail cars shall occur during daylight hours.
5. Truck traffic from the Special Review site shall be west on Weld County
Road 124 for two miles, then north on Weld County Road 17 for one mile,
and then west on Weld County Road 126 to Z-25; or east on Weld County
Road 120 to U.S. Highway 85.
6. Waite oil, empty oil and fuel containers, anti-freeze, and other
associated liquid and solid wastes, shall be stored and removed for
final disposal in a manner that protects against surface and
groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Any structure -where people work or congregate shall contain an
adequate, convenient, sanitary toilet and sewage 'disposal system in
good working order. The septic system for the proposed facility shall
be designed by a Colorado Registered Professional Engineer according to
the Weld County Individual Sewage Disposal Regulations.
9. Fugitive dust shall be -confined on this site and controlled on any
access roads serving the facility.
10. Maximum permissible noise level shall not exceed the industrial limit
of 80 db (A) , as measured according to 25-12-102, Colorado Revised
Statutes.
11. All Construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
880825
Development Standards
USR-840
Andesite Rock Company
Page 2
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 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 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 Development Standards. Noncompliance with any of
the foregoing Development Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
8810S2s
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Case Number USR-840
Submitted or Prepared
Prior
to Hearing at Hearing
1. Application 72 Pages X
2. One Application plat(s) 4 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 File Summary Sheet X
10. DPS Field Check X
11. Memo dated July 18, 1988 X
12. Letter from Division of Water Resources dated X
July 14, 1988
13. Letter dated July 13, 1988, from the -Soil X
Conservation Services
14. Memo dated June 24, 1988, from Weld -County X
Health Department
15. Letter dated July 12, 1-9138, from John Wagner, X
Division of Wildlife
16. Nine letters from surrounding property owners X
and concerned citizens. Items labeled.
17. Exhibit numbers 1, 2, and 3 on water rights X
I hereby certify that the 18 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 Cl-erk to the Board's office on July 26, 1988.
id C-%41
Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS day of ct 19$tea .
SEAL
c� � a
NOTAR PUBLIC
My Commission Expires My Comrnks'cn Exp res Feb. 13, 1989
� fir.
i
EXHIBIT INVENTORY CONTROL SHEET
Case (//se avzsz&
Exhibit Submitted By Exhibit Description
B• GG[�/✓/Z-G,7,e C 972/.,t.e.cdZi X7-4,2407C/1
,2407.li Le.o; 00,44-7-rnelarr
f�.Q.-73-7r,47e ( o//��i. can h5'< d? 7'I 'LGt/✓Jai
-E. /I� '
*",'A %/. 2 y.--‘2,42/2fc
F. CO/C /4/ 6i '
� . J LLkth J�l�
G.
H.
I.
J.
R.
L.
M.
N.
0.
880825
Date: July 19, 1988
CASE NUMBER: USR-840
NAME: Andesite Rock Company, c/o Rick Everist
ADDRESS: 3955 Youngfield, Golden, CO 80401
REQUEST: A Site Specific Development Plan and a Special Review permit for
an Open—Pit Mine
LEGAL DESCRIPTION: W} of Section 26 and all of Section 35, T11N, and
Section 1, T1ON, all in R67W of the 6th P.M. , Weld
County, Colorado
LOCATION: Southeast of Carr; south of Weld County Road 126, east of Weld
County Road 20 and north of Weld County Road 120
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 Sections 24.7, 44. .1, 44.2, and 44.3 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services' staff
that the applicant has shown compliance with Section 24.3 of the
Weld County Zoning Ordinance as follows:
- This proposal is consistent with the Weld County
Comprehensive Plan's Mineral Resources Goals and Policies,
Unincorporated Communities Goals and Policies, and the
Transportation Goals and and Policies. The conditions of
approval and Development Standards will assure that these
goals and policies are met. The Comprehensive Plan
encourages the extraction of mineral resources when the
mining plan promotes reasonable and orderly development of
the mineral resources.
- The proposal is consistent with the intent of the
Agricultural zone district and is provided for as a Use by
Special Review.
- The proposal which would be permitted will be compatible with
the existing surrounding land uses which include dryland
pasture, dryland farming, and gravel mining. The Development
Standards address concerns regarding unfavorable impacts on
the surrounding area.
880825
USR-840
Andesite Rock Company
Page 2
- The proposed use will not have an undue adverse affect on
existing and future development of the surrounding area as
permitted by the Comprehensive Plan.
- No overlay districts affect the site.
- Special Review Permit Conditions of Approval and 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 for the Special Review permit
be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's office within 15 days of approval by the
Board of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
3. Prior to the special review activity occurring on the site:
- evidence of a water supply, approved by the Division of Water
Resources, shall be submitted to the Department of Planning
Services;
- a copy of a soil erosion control plan, approved by the West
Greeley Soil Conservation Service, shall be submitted to the
Department of Planning Services. The plan shall include the
time frame for planting of the seed, maintenance of the
plants to insure optimum growth and replacement of seed
grass, and a list of the variety or cultivars of the plants
to be used;
an emissions permit shall be obtained from the Air Pollution
Control Division, Colorado Department of Health, for fugitive
dust and source emissions; and
880825
USA-840
Andesite Rock Company
Page 3
NPDES permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health.
4. Prior to hauling _any materials on Weld County roads, an off-site
road improvements agreement shall be approved by the Board of
County Commissioners.
5. 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. However, Weld County has jurisdiction of
those matters outlined in the Development Standards.
88C825
FIELD CHECK
FILING NUMBER: USR-840 DATE OF INSPECTION: July 13, 1988
NAME: Andesite Rock Company
REQUEST: Site Specific Development Plan and a Special Review Permit for an
open pit mine.
LEGAL DESCRIPTION: W} of Section 26 and all of Section 35, T11N, R67W and
Section 1, T1ON, R67W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Southeast of the Town of Carr, Colorado; south of Weld County Road
126, east of Weld County Road 21, and north of Weld County Road
120.
LAND USE: N Dryland pasture and winter wheat
E Dryland pasture
S Dryland pasture, Weld County Gravel Pit
W Dryland pasture, railroad, and Weld County Road 21.
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
- The current use of the property is dryland pasture with no improvements
or oil and gas production.
- The surrounding land is used for gravel mine, dryland pasture, and
winter wheat. Carr, Colorado, is located northwest of the proposed
mining area.
- The topography of the site is basically flat with some slopes to the
east.
- Access to the site is from Weld County Road 20 on the west and Weld
County Road 120 on the south.
880825
Andesite Rock Company
USR-840
Page 2
- The haul route to I-25 is described as Weld County Road 124 to Weld
County Road 17, then north to Weld County Road 126. This haul route is
south of the Town of Carr and would pass by 2 residences. The haul
route to Highway 85 is described as north on Weld County Road 21, then
east on Weld County Road 126 to Highway 85. In viewing the property,
this haul route would go through the east edge of the Town of Carr and
cross a bridge with a 15 ton limit. This haul route would impact the
residence of the Town of Carr.
A alternate haul route could be from the south end of the permit area
to Weld County Road 120 to Highway 85. This haul route would not have
an impact on residences is currently used by Weld County to haul gravel
from the Lehr Gravel Pit to Highway 85.
urrent Planner
88®82.5
F 0020
� 9a
ROY ROMER F JERIS A. DANIELSON
Governor State Engineer
1876 *
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Menver, Colorado 80203
(303) 866-3581
July 14, 1988
Mr. Keith A. Schuett
Weld County Planning Department
915 10th Street
-Greeley, CO 80631
:Re: Andesite Rock Company, Carr Pit
#USR-840, W1/2, Sec. 26 & Sec. 35
T11N, R67W
Dear Mr. Schuett:
As requested, we have reviewed the above referenced proposal to mine sand
and gravel on a 1300-acre tract near Carr, Colorado. From the information
submitted, it appears that no permanent ground water lakes will be created by
the mining operation.
The applicant claims that 16 acre-feet of water per year will be consumed
by the mining operation. A temporary substitute supply plan is to be applied
for using the Lone Tree Poultry water right. Not enough information was
-submitted for us to evaluate the ability of this proposed plan to work. We,
therefore, cannot recommend approval of this proposal until the applicant has
a valid legal source of water for the mining operation.
Sincerely,
Hal D. Simpson, P.E.
Deputy State Engineer
HDS/JCM:6085I
cc: Alan Berryman, Div. Eng.
Mabel M. Cunning, Water Comm.
JUL 1 8 1988
88082?5 cs - -
NEIti Ch. PInn IIII2 'Ammo'
�L G
({,LiLL &-,,,,,,,c 6 1 okczcH i , 5 ,f_e- ,
7 /s- _ > o yz / .
,,�`
4 .5 - s'
Su A-2-2_,A-A-c). te -:.1i-c__ rl %/CA-
.,o- -9--nt-e-,A.! n- dam- a..-
t
A ; 1
j2j-i-
}ice- d--7---1-- --cA 7 X 4:_<4__,____Z, C—c . \A—e--Q._.>
--3c-e-
ii,L -v- t.---... 1 .
6 /^
__
UNITED STATES Soil 4302 W. 9th St . Rd .
DEPARTMENT OF Conservation Greeley , CO 80-634
AGRICULTURE Service ( 303 ) 356-6506
July 11 , 1988
Milton Baumgartner , Pres .
West Greeley Soil Conservation District
P .O. Box 86
Greeley , CD 80632
Weld County Casa Number : USR-8-40
Andasite Rock Company for a gravel mine .
Dear Mr . Baumgartner :
I have reviewed the above request and can sae no conflicts with the
district ' s interests . The plan covers reclamation revegetation and I
believe has answered most of the quest iana that a-ffect the soil
cons?rvatton aspect . However , it is mentioned in the plan that
revegetation would be to native species and them the revag-etation -plan
mentions Crested Wheatgrass , Smooth Bromegrass , and Western Wheatgrass .
Western Wheatgrass is the only native species . Crested Wheatgrass and
Smooth Bromegrass are introduced , ada-pted speciee . The main concern for
the selected species is that not all varieties of Crested Wheatgrass or
Smooth Br.omegrass are adapted to Wall County and a non— irrigated
situatimn . Crested Wheetmrass , variet-y Nordan ; Smooth Bromegrass , va-riety.
Linmoln , an-d Western Wheatgrass , variety Barton would be the preferred
seeding selections . Since grazing will -be the primary usm after
reclamation amd revegetation , _I would suggest that the surface user , if
known, be made a -part of the g-ra-ss species selection .
I recomman apprrv-al of the application with no conflict to distri-ctz
intereeta .
Ronald D . Miller
District Conservationist �� `���
Greeley Fielii Office
ROM/23g eld Co•41VOlt�om��s�tior.
• 88'825
LAND-USE APPLICATION
SUMMARY SHEET
Date: July 12, 1988
CASE NUMBER: USR-840
NAME: Andesite -Rock Company, c/o Rick Everist
ADDRESS: 3955 Youngfield, Golden, CO 80401
-REQUEST: Site Specific Development Tlan and a Special Review Permit for an
open pit gravel mine.
LEGAL DESCRIPTION: Part of the Wi of Section 26 and all of Section 35, T1N,
R67W, and Section 1, T10N, R67W of the 6th P.M. , Weld
County, Colorado
LOCATION: Southeast of the Town of Carr, Colorado
_SIZE OF PARCEL: 1,600 Acres, more or less
-EOSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this proposal is listed in Section 24.3 and the
-provisions of Section 44 of the Weld County Zoning Ordinance.
The Department of -Planning Services' staff has received specific
recommendations from the Weld County Health Department.
A copy of this referral is included in this land use summary.
The Department of Planning Services' staff has not received a referral
response from the:
Weld County Engineering Department;
State -Engineer Division of Water Resources;
Mined Land Reclamation;
West Greeley Soil Conservation District;
Colorado Division of Wildlife;
Lone Tree Ditch and Lateral; and
Army Corps of Engineers.
Letters -with concerns and letters requesting that the proposal be denied are
included in this land use summary.
880825
DEPARTK 'T OF PLANNING SERVICES
• ( PHONE(303)356-4000 EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
e•
COLORADO
NOTICE OF PUBLIC BEARING
The Weld County Planning Commission will hold a public hearing on Tuesday,
July 19, 198B, at 1:30 p.m. for the purpose of considering a Site Specific
Development Flan and Special 'Ise Permit for the property and the purpose
described below. Approval of the request _lay create a vested -property tight
pursuant to Colorado Law.
APPLICANT: Andesite Rock Company
LEGAL DESCRIPTION: W} of Section 26, and all of Section 35, T11N, R67W -and
Section 1, T1ON, -R67W of she 6th P.14. , Weld County,
Colorado
TYPE AND INTENSITY BF TROPDSED USE: Special Use Permit and a Site
Specific Development Plan for a
gravel mine.
LOCATION: Southeast of the Town of Carr, Colorado, south of Meld County Road
126, east of Weld County Road 21, and north of Weld County Road
120.
SIZE: 1,600 ACRES, MORE OR ZESS •
The public hearing will i:e held in the Wald County Commissioner-s' Hearing
Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley,
Colorado. Comments or objections related to the above request should be
submitted in writing to the Weld County Department of Planning Services, 915
Tenth Street, Room 342, Greeley, Colorado 80631 , before the above date or
presented at the public tearing on .
Copies of the application are available for public inspection in the
Department of Planning Services, Room 342, Weld County Centennial Center,
915 Tenth Street, Greeley, Colorado 80631 - Phone - 33-6-4000, Extension
4400.
Ann Larrison, Chairman
Weld County Planning Commission
To be published in the Platteville Herald
To be published one (1) time by _July 1, 1988
Received by: 880825
Date:
tY
13 15 17 19 21 23 25 27 ?! 31 33�7.
•
140.,:ao•—p_ __ •I ._ . ..... ..-......71--.r-
�.. .� IIC 2 . 22: :a t. ' .4 . : ' I .. 22 22
i38.:.. I a,� YYY `\I
ui2 �I \��„ 1/'
1 —Nt* II O
'a\� !• $s b / it.'� j ,' ' \ \ 1
\. \ / I
�'
r
• I
'132.... t:'
\ \ 1� t\\ , I1\s • .o n ri , h 1 ', m . •
130... . `' 1' i.I
;\ 1i I?128... . I i - \\ I a
•
126. ... _ : _ _ s.� Ni ��• r O
IIf�-- -
I• I, ••se I, I. 9 It? as
v •t I
134. ... I- • i�` i..:•-•. f
.
T-12
I -
T20. .. O usR -8 I I 1
i I \
U I I I
118. .. . ••R',otul• , • li i
II I
n la n '` �• Is: �u 1 W�_�n .e '
•
116. . >T.ION I I `. - • t I• % `
. ;
.,. IIV I. II 1e I, ! I. 1.1
\� :. Iil� I)
1 . _, �\
114. . . . •• ' 0_-. I
10 II I•\ I, • I• I, .
I , 30 I. I I,a =.• •
112... . I — 1
ITO r
• I y\1 I
108. . . T I
I T
A, I• . 1 s 1/4
u i2. I I. �.• I p.
1-06. .. T • I
` 325 o
.o•.a'� -' • • r I! i ..u �� ` a "\ '�' u I! n u � .� n
%T9 I �!- '- I' I
1-04 .
i
, 4 . I
"-56 6 -k� _.c.:: - \ \<G, ..) \ss--- .
Carr 1 � '+)
V
CI
x, • . 11 o �,�
o \1 • \
26 ° 5 •„I
z
(\ •6h0 O 1 -
O
-1; s c\_.,..2, 0 \• \--\ \ - .,
48
o . � . .
•
• �' 35 \ . 1\ 36 nO ( 3II
�.
\ t:-... V _.
•
c- . r 1I
�' , 5600 '�- J (K.,-4-
j
.� ��r.f �l r- l ; 1i/
it 1
I A
,
c
56/6 %e J1 ")P 1 1' L� cB \� i
v - r 5640 I
G ravel Pi( 1
I P
P 1
1 r:
C 1 / IAA l
• �• \ Z•
.
. "O
cy.______ VVLi.i 5H•c; I / Il'r ' �)
r
REFERRAL LIST
APPLICANT: Andesite Rock Company CASE NUMBER: LISA-840
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 8, 1988
NO SR NR NO SR NR
X Weld County Health Dept.
X Engineering Department G 1 ,(�
X State Engineer meDoW11 fa ssIt7
Division of Water Resources
1313 Sherman St. , Room 818
Denver, CO 80203
X Mined Land Reclamation t1t,Pltp
1313 Sherman Street SFc43c7
Denver, CO 80203
/ X Central Colorado Water Conservation District
Attention: Mr. Tom Chech
2308 29th Street
Greeley, CO 80631
X West Greeley Soil Conservation District
4302 9th Street Road gq-}hg Itowg
Greeley, CO 806310 L csoc
,'/ X Colorado Division of Wildlife `oa
V• c/o Mr. Larry Rogstad
1528 28th Avenue Court
Greeley, CO 80631
X Lone Tree Ditch Lateral
Oll
c/o Mr. Harvey Magnson - - %�'`' �('
119 1st Street " ef, /Ae,90
Ault, CO 80601 L-
/ X Mr. Jerry Burnett
Route 1
Grover, CO 80729
X Army Corps of Engineers
c/o Mr. Terry McKee
9307 State Highway 121
Littleton, CO 80123-6901
NO=No Objection
880825
(f*Irr MEMORAnDUM
Weld County Planning Jun 24, 1988
WI O To Date
�• Health Protection Services
COLORADO From
Case Number: USR-840 Name: Andesite Rock Company
Subject:
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
1. Waste oil, empty oil and fuel containers, anti-freeze, and other
associated liquid and solid wastes, shall be 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 and source
Emissions.
Please be advised that one (1) week is required for this plan
review process.
3. No permanent disposal of wastes shall be permitted at this site.
4. Section 3.1 of the Individual Sewage Disposal Regulations states:
3. 1 General Sanitation Requirements: the owner of any structure
where people live, work, or -congregate shall insure that the
structure contains an adequate, convenient, sanitary toilet and
sewage disposal system in good working order. Also, the septic
system for the proposed facility is required to be designed by a •
Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations.
5. Fugitive dust must be confined on this site and controlled on any
access roads serving the facility.
6. Any required NPDES Permit shall be obtained from the Water Quality
Control Division of the Colorado Department of Health, and/or
amended if appropriate for the increased operation.
7. Maximum permissible noise level shall not exceed the industrial
limit of 80db(A) , as measured according to 25-12-102, Colorado
Revised Statues.
;r 5�5 A� E
r JUN 28 1988
Weld Ca. PlannifE CommlaslbS
880825
DEPARTME ; OF PLANNING SERVICES
( I--� PHONEE�7((303)356-4000 EXT.4400
' - n (� [� e'3 w 10th STREET
) I fl�1t_1RADO8063'1
JUL 1 2 1988
O Weld.Cu. Warming Crmmiuina
CASE NUMBER USR•
-840
:OLORADO
June 21, 1988
TO WHOM IT MAY CONCERN:
Enclosed is an application from Andesite Rock Company for a Use by Special
Review and a Site Specific Development Plan for a gravel mine. The parcel
of land is described as W} of Section 26 and all of Section 35, T11N, R67W
and Section 1 , T1ON, R67W of the 6th P.M. , Weld County, Colorado. The
location of the parcel of land for which this application has been submitted
is southeast of the Town of Carr, Colorado, south of Weld County Road 126,
east of Weld County Road 21; and north of Weld County Road 120.
This application is submitted to your office for review and recommendations.
Any comments or recommendations 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 recommendations.
Please reply by July 8, 1988 , 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.
2. We do not have a Comprehensive Plan, but we feel this resluest
( is/is not) compatible with the interests of our
town for the following reasons:
3. We have reviewed the proposal and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. X' Please
e refer to the enclosed letter.
/ (� ("
Signed•)4w r. / ( ,)CL2Y7�_ Agency: 0,6 aO1 O,k,y, O\ W, 1 Oise r�
Date: / 886825
There are three items which should be looked at more closely.
1. The reseeding plan needs to be more specific on amounts, time periods and germination percentages (what happens if the seed blows out or is too dry
- to germinate) . - - - - - - -
2. The reseeding plan calls for the use of different grass types. It would be
better to use native grasses or use a species mixture which is recommended
by the Soil Conservation Service.
3. In the application there _-s mentioned a possibility of having an asphalt
or concrete batch plant. Batch plants such as these can have very negative
impacts on the area around them. Air and water contamination are usually
associated with batch plants. Oil and cement wash from the plants needs to
be carefully monitored and controlled or the affects can be carried down
stream for long distances and last for years. Therefore, instead of dealing
with a "maybe we might do this" approach, deal with the batch plants in a
"If you have a batch plant, this is what you will do."
JUL 1 2 19881
Yield Co. Planning Cnmmssioo
886825
SURROUNDING PROPERTY OWNERS
USR-840=
ANDESITE ROCK COMPANY
June Lehr
3254 Weld County Road 20
Longmont, CO 80501
Beatrice Grams
Margaret Wigfield
Charles Russell Reinheimer
2658 Henderson Drive
Cheryenne, WY 82001
James and Bernice Morrison
Carr, CO 80612
Dale VanLoo
P.O. Box 416
Eldorado Springs, CO 80025
Harry N. and Helen R. Moore
P.O. Box 29
Carr, CO 80612
Terry Land and Livestock, Inc.
Warren Livestock Company
1814 Warren Avenue
Cheyenne, WY 82001
Farmers Home Administration
4302 West 9th Street Road
Greeley, CO 80631
Lloyd E. and Marjorie J. Thomas
Carr, CO 80612
Lazy D Grazing Association
A. R. DePorter, Secretary
Carr, CO 80612
Union Pacific Railroad
P.O. Box 2500
Broomfield, CO 80020
Doriseta Drechsier
415 Iowa Avenue
Holton, KS 66436
MaryLou Engier
Kenneth M. Smith
5273 Arroyo Court
Santa Maria, CA 93455
ss0825
PAGE 2
Arivd R. and Carol L. Deporter
14035 Weld County Road 108
Nunn, CO 80648
Federal Land Bank of Witchita
127 22nd Street
Greeley, CO 80631
Robert Hill
c/o Intrawest Bank of Greeley, Trustee
P.O. Box 1058
Greeley, CO 80631
•
880825
SURROUNDING MINERAL OWNERS
USR-840
ANDESITE ROCK COMPANY
June H. Lehr
R.R. 20
Longmont, CO 80501
Wiepking-Fullerton Exploration, Inc.
Inverness Drive E.
Building A, Suite B
Englewood, CO 80112
Lloyd E. Thomas
Marjorie J. Thomas
Carr, CO 80612
Champline Petroleum Company
Amoco Production Company
Security Life Building
Denver, CO 80202
Richard M. Alt
Bunker Hill Road
Tamworth, New Hampshire 03886
Van K. Bullock
1410 Security Life Building
Denver, CO 80202
Harry A. McElroy
Amy F. McElory
5954 Raymond Way
Sacramento, CA 95820
Van K. Bullock
1410 Security Life Building
Denver, CO 80202
Andesite Rock Company
313 South Pillips Street
Sioux Falls, South Dakota 57117
880825
7-2-
. _,g
. €2:a szza_ct,
- _ - •
lCJ O� p. --
GL-t attamt'
= _ -
--�z 1_5_ _CA9/7
G4/2iC
880825
u /T
- 7 e4,
Ni), July 5, 1988
Iutt
-C,- (94i2
8 14
" G
Njilt
Weld County Board of Commissioners
c/o Centennial Center
915 Tenth Street
Greeley, Colorado 80631
Gentlemen:
In response to a Public Notice regarding application with the Mined
Land Reclamation Division by Andesite Rock Company, 313 South Phillips St.,
Sioux Falls, SD, for a gravel pit at or near Section 26.0, Township 11.0 N,
Range 67.0 W, 06th Prime Meridian, Weld County, C0; S wish to express my
strong disapproval.
This property adjoins mine on the north and northwest, and my con-
cerns are many--dust, loss of wildlife and plantlife (environmental impact) .
loss of land value and real income (annual rental for use as pasture land) .
My primary concern, however, is loss of water--not just from Lone Tree Creek,
but lowering of the water table and the pollution and sullying of any remain-
ing water.
An Abstract of Title shows that rights to water were granted to my
property and were duly recorded as early as July 8, 1908, and I desperately
desire to protect these rights.
Please join me in resisting this application by outside interests in
order to protect the rights of long-time residents, land owners and taxpayers.
Please, don't allow this land to be irretrievably scarred and the
rights of neighboring lands to be appropriated.
Sincerely yours,
Marylou Engler
7500 East Dartmouth Avenue, #29
Denver, Colorado 80231
337-4384
880825
July 9, 194%,
P'
Mr. Keith Schuett "' +; ��• ` �x.;'
`
Weld County Department of Planning
915 lOta Street Uf ' ' 1
Greeley, CO 60632 �: � „
. t
// t 1
Dear Mr. Schuett:
oz.0.
This letter is to let you know that we are very concerned about the proposed
Andesite Rock Company gravel pit. There are three factors which need to be
seriously considered before a permit is issued. They are:
1. Safety: If tree gravel trucks take tae proposed routes, trey will either be
traveling on Road 21 or 124. If they use Road 21, they will be going through
the town of Carr to Road 126. They will be passing the Post Office where
traffic is the heaviest. The safety of the children in town should also be
considered. There is a bridge on 126 with a 15 ton weight limit.
If they take 124, they will be traveling over a very narrow road which can
become very muddy, sometimes impassable. This road also has a steep hill
which could become a -safety hazard for oncoming traffic.
2. Dust: No matter what time of tue year it is in Carr, the wind blows. With
tike anticipated number of trucks , the dust could be horrendous and road
maintenance would be continuous. You also must realize that approximately
1000 acres of grassland will be destroyed over a period of 30 years . With
the conservation efforts of the county, it seems that tiis would be in
direct opposition.
3. Noise: Carr has been a quiet community, but this will change if the gravel
pit is allowed. The noise from the trucks, in addition to the crusher, will
change our quality of life. Our property values will decrease.
We request that if you do issue this permit that you guarantee safety, that
dust be controlled, and that the noise be at an acceptable level. Perhaps the
land owner or Andesite Rock Company could provide a different route to highway J5
and I-25.
Sincerely,
cc: ' County Commissioners s,3 a) it «/44
P.::. IT HAS COME TO OUR ATTENTION THAT THERE IS A POSSIBILITY THAT WATER
COULD BE TAKEN -FROM LONE TREE CREEK AND OUR DOMESTIC WELLS. IF THIS
IS THE CASE, THE PEOPLE OF THE CARR COMMUNITY SHOULD BE CONSIDERED.
88C825
�= vck se. Sde ��eRf4DJhfi Illy ri4- S414,,,f-7`u rS
;(���y��-� / _ I-+v; . .... _c t..cc.G.t, L.- �.
9-5- Siz ✓eN tia N (we_ 75-7�/ �-L-J
ot€/g5cl3 tut ia.rilL /„2(o ` a J , CU 80 (oI
G47E7 , 20
4 91 Sty .o, /1O.
9 39 I WC/Z(1 /a
ent vu e_e). $010 l2
79 Di. , .p�l mgr_, A () ics
ro/ q3qi . (2L /016 _
Gt .,, 3d 4 /
� Q wv t C9 . u :E
gi7s tOQJtviPll ,
c� R P. O . % 0 •
ovw,e(2w/7—„ o-4- ---�
117957 Il/Ce�)-Co"e/..... e° c_
,40( 9.' 2
C c ® (0
880825
ILE:: %W[=1.J)( 1
BRGui<.:L_AND FARM
BOX 231 , EIU1'lk.:EF; HILL ROAD .
T1•`il'JIAJDF:TH, HEW HAMPSHIRE 03_98 6)
July 4, . 1988
•
County Dept. of Planning Services
rm 342
i5 iOth Street
:"Ee1 ey CO 60631
of erence: Case i'io. USR--84('
ttention: 1"1r . Keith A 5cnuett, Current Planner
ear Sir:
am in r-eceipt of a notice stating that the Weld County -Planning
ommi ssi on will hot ❑ of public hearing on Tuesday, July 19, 198a, at : 30:: _e!_!. m. concerning the request of Andesite Rock Company for a 'site specific
.evel opmsnt plan' and a epeci al use permit for a gravel mine.
he location o1- the proposed gravel mine includes ection 1 , Township 1!-1
Crth, Range 67 West, 6th F. H. , Weld County, Colorado.
` cousin Hr s, Amfy i'ICEl.roy and I own the mineral ri.ghts to this _land as
n undivided estate.
t:e Andesite Roc} Company has not communicated with either of Us and the
.oticc from the Weld County Planning Commission comes as a complete.
urprisc. The individuals mentioned by Hs. L..eneJ. 1 Swanson of your staff
- Lloyd Thomas and June Lehr -- are not owners of Section 1 of the
f arement i oned property.
inder these circumstances, I request that you canc=el the hearing
CnedLl Eta for July 19. Such a hearing is both improper and illegal .
Sincerely,
Fichard H. Hit
-L. Hrs. j icE.t r'o`,'
Hr. Richard E';'eri t , V. Y. , Andesite Rock Co. , Golden
Hr. John Scrvold, Fres. , Andesite Rock Co. , Lyons
o ,,,,„
Lpilll. , 119_88
880825 *Ell Co. Planing Cummissia1f
July 7 , 1988cy,:rficTITH
% .'.a.
Jut_ 81988 1•
I
„EriE • Golf).
Weld County Commissioners
913 Tenth Street
Greeley, CO 80632
Gentlemen :
RE: Proposed Andesite Rock Company Gravel Operation at or
near Section 26 , T. 11 N. , R. 67 W. , 6th Prime Meridan,
Weld County, Colorado
For reasons of safety, air and noise pollution, we protest
the use of Weld County Road 124 for gravel trucking .
Traveling east on County Road 124 visibility beyond the crest
of a hill is sero . From the crest the road is on an ap_proxi-
mate 6° to 8° grade . From the crest to the north sideroad to
the Miller residence is approximately 765 feet . Three hundred
eighty-four ( 384) feet further -east is the aoutt aideroad to
the Diehl residence . For safety seasons , this grade would
necessitate downshifting, a speed zone and extreme caution.
There zoulzl be big problems -after rain or snow. WestbDund
traffic would have hill-climbing with resultant dust and
noise contamination.
No legal notices concerning the Andesite Rock Company Pro-
posal were published in the North Weld Herald, the paper
which serves this area . We heard of the Proposal via the
grapevine .
We ask that the Andesite Rock Company be denied usage of
Welrl County Road 124 for hauling and equipment tr_anspart .
Sincerely,
7,S12 114:t/eLo
Jack and Anita Miller Mike and Sharon Diehl
9303 Weld County _Toad 124 937E Weld County Road 12-4
Carr , CO 8061-2 Carr , CD 89612
Enclosure
cc : Mined Land Reclamation Board
Keith Schuett , Weld County Ylanning
880825
1
e
t
I
t I
�CARR EXIT
5
Co.Rd. I i•_ _____ CARR Rock•oft
I
I
I
h
i co
1 b.
Co.Rd.l29 ��. .g
2
Olt
y/LL
e 1
L A R A M I E tb
0 i,F 1?
M I R.Ti"
W. I .c{
it' ,�,
ozz /Tzo nza I z" : I
1I..:'
I
T.12 N.� ao a x. x+ I w I \ )
� 1 •-• v IL
t
� �
132 43a. aa, •••• ti` - ,. ! ]]It' /33
► I I �w I II' •��
jC\ I• , 1 f. I
,,
..,..,,
I ;I
I ,i4 IT ii ) .
14
•
"� • • ••I a•
)-agi a • • • C7.74.1:7,
" "I \r .• t
0\ \ a• I y♦Ia - '. x••w/ I,\ n •a 30 1 za\ � `\,
• _
I— •0./ / r — <,4. I, t .
1 I I I .IEHL I 4 t
ax as �I N �2 35 as a, I • is I »t
Z I 0
1 `
1 �i I ; In
` - 1 F u
• I a • 5 ! z I \•. • _ • G 4 �'i
I O.ca..BR..• ! I , .e \ I
} • F•a...a. ! • I
\ \\.III
I II I
, ! • - w ! II • .Ia II 7 • •• • .I(
I " n. I • •>l
o I - J. II _ i
1 '� • ._I__._--i i- 0(C ( x it - -' III
I n I I
I It D .\, I
u jn u IS Ia �o u n emu I
880825
July 8 , 1988
Weld County Planning Commission
915 10th Street
Greeley, Colorado 80631
Gentlemen:
This letter is in protest of the construction of a gravel
pit by Andesite Rock Company to be located near Carr in Weld
County, Colorado .
We own property along Lone Tree Creek and feel that this
project would take too much water and dry up the water supply.
Historically, there has never been enough water to do anything
but water livestock. We all need what supply there is to keep
the livestock in water.
Our property (legal descriptions below) is south of the
proposed site and feel that full consideration has not been
given to everyone. Please interview others that are involved,
directly or indirectly, other than Mr. Lloyd Tomas , who is
going to benefit monetarily.
Sincerely,
Diamond JR Farms
Jerry Rouse .
Roberta Jean Rouse
15627 Weld County Road 163
Nunn, Colorado 80648
Legals : 19, 1ON, 66
9, 9N, 66
l ' JUL 1 1 1988
cis88C
S"') Weld Co. Planning commission
DON J. HOFF
ATTORNEY AT LAW
-
10259TH AVENUE
SUITE 209
GREELEY,COLORADO 80631
(303)356-6767
July 8 , 1988
Department of Planning Services
915 Tenth Street
Greeley , Colorado 80631
Gentlemen :
This office represents Dan and Joyce Tracy of 58502 Weld County
Road 27 , Carr , Colorado , 80612 , and I would like copies of all
notices of hearitgs or comment periods in regard to an
application for use by special review permit filed by Andesite
Rock Company near Carr , Colorado . The Tracys ' are the owners of
land described as Section 7 , 8 , and part of Section 18 , T 10 , R
66 Northwest of the 6th p . m . and a part of the East half of S 13 ,
T 10 , R 67 North ; West of the 6th p . m .
Sincerely ,
Don J . Hof- `
Attorney/ t aw
DH/sh
opR5T-Q
JUL 1 1 1988
880825 ------
Weld to. Phunlu¢ ;;umnuSsm,
NE - -
JUL 1 2 1988 \ -1 I
Weld Co. Planning iummission `Ac \ 5\s.OeanScv. (5.� \ ` )
1CL� i COt12
The, vcc_ C��•; ter, ;
o at, \w1L fa ¢5t R,c‘St_ Co. of rck c raft
r yy -}- i
eCAILL-Y-2 Cia•+•-a" t"1- CA-ti.a..C) 0 c 8",•-t-C 14t.\ '1/4 y2cG N_kW\ES:4•C Af l)3-L.
-Sea- O acv. &t. t U.XT4 liNoC ' c�lk 1\ x
Coo &V-Nv,v.��y C C --�}( Cl o A.
\041 Cq\•Aw� �Nx.. L.v.c, c-�— 4 t
L'aw.,v-s.,1/4)4,6 6 \\z.9)0—Lrec'i "\-nxii."c.
w � 19 .� "1ue:�sc _ r . �� � �s �• Sac
C \`.U-.s-t-vuA-Y c os.-4'S --(9•-ed \A-CA SaU-..e
A
r,..cSat-,` . 4 &u n- )- ) Ca as u-�c�...o �..:, a.*��•-�xt 1+�Le
C .e C\ \ ,c.3-cCX, \ s\ . 1"- c
__ cre-SZ\\ a 4 � .. 0-SC L a l c7
C -QL.O.� c a � .�S? c - -�lsLv \ ado rc aE
tOct lbw V
S's,"\ s 880825
\LL VP-A-` '` — Q`QH. 4cja1<,v
Ottc(;)' MEMORAnDUM
WilkTo Keith Schuett, Planning Date July 1988
COLORADO From Drew Scheltinga, County Engineer
Subject: Andesite Rock Company, USR-840
We have reviewed the material submitted and have no objection to the
proposed gravel mining activity. However, the roads in the area will
not support the increased trucking activity that will be generated. A
Road Improvement and Maintenance Agreement should be executed between
the applicant and the Board of Weld Ccunty Commissioners to mitigate
the impact of increased hauling.
Acceptable haul routes are as follows:
West Access to I-25 - Weld County Roads 124, 17, 126, 15.5, and 126.5.
South Access to U.S. 85 - Weld County Road 120.
The roads described total approximately 7 miles. The condition of the
roads vary considerably. Therefore, I recommend an inventory and
suggested improvements be a part of the Improvements and Maintenance
Agreement.
Improvements could include, but not be limited to: widening,
aligning, drainage, dust control, and paving.
The bridge on Weld County Road 126 (north access route) has a posted
bridge, No. 19/126A. The Colorado Legal Loads Rating at this location
is: Type 3 - 15 Ton, Type 3S2 - 25 Ton, and Type 3-2 - 24 Ton.
I recommend hauling through the Town of Carr not be allowed.
DLS/mw:mksar
xc: Commissioner Yamaguchi
Planning Referral File - Andesite Rock Company, USR-840
1\\1 JUL 1 9 1988
860825 Weld to. miming ommissiar
1
,
V„ii„ "1, .010
i EXHIBIT IN THE WATER COURT 1N AND FOR JUN 2319/6
I 4411 to, '.11111.1 o1RK
Pi WATER DIVISION I , STATE OF COLORADO
lir
CASE NO . W- 5920
IN THE MATTER OF THE APPLICATION FOR )
WATER RIGHTS OF ) REVISED
FINDINGS AND RULING
ARVID R . DE PORTER ) OF THE REFEREE
AND DECREE OF
THE WATER COURT
IN WELD COUNTY
THIS CLAIM , having been filed with the Water Clerk , Water Oivision I ,
on June 30 , 1972 , and the Referee being fully advised in the premises ,
does hereby find :
All notices required by law of the filing of this application have
been fulfilled , and the Referee has jurisdiction of this application .
No statement of opposition to said application has been filed , and
the time for filing such statement has expired .
All matters contained in the application having been reviewed ,
and a Ruling issued on March 1 , 1976 ; Protest having been filed on
March 22 , 1976 , by applicant , Arvid R. DePorter , and such corrections
made as are indicated by the evidence presented herein ,
IT IS HEREBY THE RULING OF THE WATER REFEREE :
1 . The name and address of the claimant :
Arvid R . DePorter
Route 1 , Box 29A
Nunn , Colorado 80648
2 . The name of the structures : .
Lone Tree Creek
DePorter Well No . 1
DePorter Well No . 2
DePorter Well No . 3-36772 •
3 . The legal description of the structures :
Lone Tree Creek enters Section 6 , Township 10 North , Range 66
West of the 6th P . M. , Weld County , Colorado , at. the NW Corner
of the NW! of SW1 of said Section 6 and bears generally South
and East through the SW'4 of SWa of said Section 6 .
DePorter Well No . 1 is located in the SE; of NW' of Section 20 ,
Township 11 North , Range 66 West of the 6th P . M . , Weld County ,
Colorado , at a point 1701 feet South and 1399 feet East of the
NW Corner of said Section 20 .
DePorter Well No . 2 is located in the SE- of SE'j of Section 6 ,
Township 10 North , Range 66 West of the 6th P . M . , Weld County ,
Colorado , at a point 225 feet North and 1056 feet West of the
SE Corner of said Section 6 .
QPfcn.
Lase t,u . h-0J2u
Page 2
•
DePorter Well No . 3- 36772 is located in the SE4 of SWq of Section
4 , Township 9 North , Range 66 West of the 6th P . M . , Weld County ,
Colorado , at a point 702 feet North and 3145 feet West of the
SE Corner of said Section 4 .
4 . The source of water :
Lone Tree Creek : Natural springs and flood runoff
DePorter Well No . 1 , DePorter Well No . 2 and DePorter Well
No . 3-36772 : Groundwater
5 . The date of appropriation :
Lone Tree Creek : .September 21 , 1917
DePorter Well No . 1 : January 31 , 1910
DePorter Well No . 2 : December 31 , 1916 ,` • p.ii
DePorter Well No . 3- 36772 : March 20 , 1969 , � •/ � �yU
O16
4,15 ,,u
6 . The amount of water: �n
Lone Tree Creek : 0 . 11 cubic feet per second '5 ��
DePorter Well No . 1 : 0 . 0177 cubic feet
per second I. r '�/
DePorter Well No . 2 : 0 . 02 cubic feet per second `h 11447.N,f.
DePorter Well No . 3-36772 : 0 . 0666 cubic feet per secon wa9Ttl/,,I
7 . The use of the water : O
Lone Tree Creek : Stock watering
DeProter Well No . 1 , DePorter Well No . 2 and DePorter Well
No . 3-36772 : Domestic and stock watering .
The priority herein awarded said Lone Tree Creek was filed in the
' Water Court in the year of 1972 , and shall be administered as having been
filed in that year ; and shall be junior to all priorities filed in previous
years . As between all rights , filed in the same calendar year , priorities
shall be determined by historical dates of appropriation and not affected
by the date of entry of ruling .
DATED this 023 ` day of ,7('f , 1976 .
�
THOTA J . ARO , R
Water Referee , Division I
THE COURT DOTH FIND : NO PROTEST WAS FILED IN THIS MATTER .
THE FOREGOING RULING IS CONFIRMED AND APPROVED , AND IS HEREBY MADE
THE JUDGMENT AND DECREE OF THIS COURT .
Dated :
JUDGE DONALD A . CARPENTER
Water Judge , Division I
SFOS TZ
O
._. ....... .. ........ .
kLU IIJ
, CIJOURIT
w E,D ca.EXHIBIT o, COLO.I
IN THE WATER COURT IN AND FOR SEP 101975
dot Z
WATER DIVISION I , STATE OF COLORADO on 1F LAR
CASE NO . W- 5919
IN THE MATTER OF THE APPLICATION FOR )
WATER RIGHTS OF )
FINDINGS AND RULING
LAZY D GRAZING ASSOCIATION ) OF THE REFEREE
) AND DECREE OF
THE WATER COURT
IN WELD COUNTY )
THIS CLAIM , having been filed with the Water Clerk , Water Division I ,
on June 30 , 1972 , and the Referee being fully advised in the premises ,
does hereby find :
All notices required by law of the filing of this application have
been fulfilled , and the Referee has jurisdiction of this application .
No statement of opposition to said application has been filed , and
the time for filing such statement has expired .
All matters contained in the application having been reviewed ,
and testimony having been taken where such testimony is necessary , and
such corrections made as are indicated by the evidence presented herein ,
IT IS HEREBY THE RULING OF THE WATER REFEREE :
1 . The name and address of the claimant :
Lazy D Grazing Association
Carr , Colorado .80612
2 . The name of the structure :
Lonetree Creek
3 . The legal description of the structure :
Lonetree Creek enters the NWa of SE; of Section 26 , Township 11
North , Range 67 West of the 6th P . M. , Weld County , Colorado , and
leaves the SEq of SEa of said Section 26 . It then enters the
NWa of NWq of Section 36 , Township 11 North , Range 67 West of
the 6th P . M . , Weld County , Colorado , and cuts through the section
from north to south and leaves through the SW4 of SEa of said
Section 36 .
4 . The source of water : Natural springs and flood runoff .
•
fT.GT75
�Cst :(U . N- 3
Page 2
•
5. The date of appropriation : December 31 , 1917
6 . The amount of water : 0 . 033 cubic feet per second
7 . The use of the water : Stock watering of approximately 500
cattle .
The priority herein awarded said structure was filed in the
Water Court in the year of 1972 and shall be administered as having
been filed in that year ; and shall be junior to all priorities filed
in previous years . As between all rights , filed in the same calendar
year , priorities shall be determined by historical dates of appropri -
ation and not affected by the date of entry of ruling .
DATED this //Q day ofc -- C-LuVu , 1975 .
CRCCeLe,
Ty J . A N ,, JR .
War Refer , Division I
THE COURT DOTH FIND : NO PROTEST WAS FILED IN THIS MATTER .
THE FOREGOING RULING IS CONFIRMED AND APPROVED , AND IS HEREBY MADE
THE JUDGMENT AND DECREE OF THIS COURT .
Dated :
JUDGE DONALD A . CARPENTER
Water Judge , Division I
•
880825
- IN THE DISTRICT COURT IN AND FOR tdLco ,p ri r„ Cr COU47
WATER DIVISION NO. 1
EXHIBIT
,,f� STATE OF COLORADO d � j 8
i9—cR9 Case No . W-3953-A ITT r,j,. I;
►rrw c0uvir cc�q�r
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF ) FINDINGS AND RULING
OF THE REFEREE
RICHARD SIDWELL, INC. ) AND DECREE OF
THE WATER COURT
IN WELD COUNTY )
-THIS CLAIM, having been filed with the Water Clerk, Water Division
No. 1, on January 23, 1975 and the Referee being fully advised in the
premises, does hereby find:
All notices required by law of .the filing of this application
have been fulfilled, and the Referee has jurisdiction of this application.
No statement of opposition to said application has been filed,
and the time for filing such statement has expired.
All matters contained in the application having been reviewed,
and testimony having been taken where such testimony is necessary, and
-such corrections made as are indicated by the evidence presented herein,
IT IS HEREBY THE RULING OF THE WATER REFEREE:
1. The name and address of the claimant:
Richard Sidwell, Inc.
Carr, Colorado 80612
2. The name of the structure :
Bunker-Munger Pumping Plant
3. The legal description of the structure :
In the SW:, Section 18 , Township 10 North, Range 66 West
of the 6th P.M. , Weld County, at a point approximately
North 39°45 ' East, 2151 feet from the SW Corner, Section 18 .
4 . The source of water:
Lone Tree Creek
• se No. W-3953--A
Page 2
Sidwell
5. The date of appropriation:
March 20 , 1930
6 . The -amount of water:
2 .D9 cubic feet per second
7. 2'he use of t-he water:
Irrigation of 1410 acres in E'W1/2, Section 18.
8. The priority herein awarded s-aid Bunker-Munger Pumping
Plant was filed in the Water Court in the year of 1975 and
shall be administered as having been filed in that year; and
shall be junior to all priorities filed in previous years .
As between all rights, filed in the same calendar year,
priorities shall be determined by historical dates of
appropriation and not affected by the date of entry of
_ruling.
DATED this 28th day o₹ April , 1981.
0 �
Water Referee
Water Division No. 1
•
THE COURT DOTH FIND: NO PROTEST WAS FILID IN THIS MATTER.
THE -FOREGOING RULING IS CONFIRMED aND APPROVED, AND IS HEREBY MADE
THE JUDGMENT AND DECREE OF THIS COURT.
Dated:
-ROBERT A. BEHRMAN
Water Judge
Water Division No. 1
State of Colorado
-CS2.5
._,)
II ,
AN DESITE
,,„ ,, . ...
,• ,. ..ti..,:.,., ROCK COMPANY
CARR
GRAVEL RESOURCE
APPLICATION FOR
USE BY SPECIAL REVIEW PERMIT
IN
WELD COUNTY, COLORADO
APRIL 1988
TUTTLE APPLEGATE RINDAHL. INC
7 Consultants for Land and ResourceDevelooment
CARR GRAVEL RESOURCE
Carr, Weld County, Colorado
Applicant :
Andesite Rock Conipanay
P. O. Sox 6'c".3
Lyons, Colorado 80540
Prepared by:
Tuttle Applegate Rindah 1. Enc.
11990 Grant Street
Suite 410
Denver, Colorado 80233
(303) 432-6611
BB--1c2
April, 1988
880825
REGULAR (112) PERMIT
APPLICATION FORM
This font 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 cneck for the
application fee described under (4) below. To expedite processing, please provide the
information in the format and order described in this forr,.
== == ===z==zz
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, all information described below.
____
1. Applicant/Operator Name: Andesite Rock Comnanv •
2. 0perati0r, Name (p•'t, mine cr site name) : -...--
3. Application type: Regular (112) Permit Operation.
4. Application Fee for Permitted Acreage* J302 permitted
acres.
($50.00 + $15.00/acre, 1st. 50 acres;
$10.00/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. c 2nnn application fee.
5. Substance(s) to be mined (e.g. , gold/silver/gravel ) : ezrA any •
6. Owners( s) of Substance to be Mined
(check applicable box(s) ) : M3 Private O State O Federal O Indian
7. Owner(s) of Record of Affected Land
(check applicable box(s) ) : a Private O State O Federal O Indian
8. Type of Mining Operation
(check applicable box(s) ) : a Surface O Underground O In-situ
9. Location Information. The center of the area where the majority of mining will
occur lies in:
COUNTY: we] d
PRINCIPLE MERIDIAN (check one : )O 6th (Colorado) O 10th (New Mexico) ❑ Ute
TOWNSHIP (write number and check direction) : T 11 p North O South
RANGE (write number and check direction) : R 67 O East et West
SECTION (write number) : S 26
QUARTER SECTION (check one) : ❑ NE Q NW O SE O SW
QUARTER/QUARTER SECTION (check one): O NE O NW O SE f SW
GENERAL DESCRIPTION:
(miles and direction 1/2 mile east of Carr, Colorado
from nearest town and
approximate elevation) Flnva+inn ,Fne •
* If the operator is a unit of State or county government, an application fee is not
required. A fraction of an acre must be counted as one acre for fee calculatio
N80825
10. Correspondence Information
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Individual 's Name: R. A. Everist Jr.
Company Name: Andesite Rock Company
Street: 'i11 Rnnth Phillipc ctrppt
City: Rinnu Ppllc
State: cnuth nakcta Zip Code: 57117
Area Code: Fr; Telephone: 279-7678
PERMITTING CONTACT (if different from applicant/operator above)
Individual 's Name: c,-1. m.,ts- , �
Company Name: Tuttle Applegate Rindahl , Inc .
Street: 11990 Grant Street, Suite 410
City: Denver,
State: rnlnraAn Zip Code: p02„
Area Code: 303 Telephone: 452-6611
INSPECTION CONTACT (if different from applicant/operator above)
Individual 's Name: R. A. Everist, Jr.
Company Name: Anclegite Rnrk company
Street: 313 South Phillips Street
City: Sioux Falls
State: South DAkota Zip Code: 57117
Area Code: 605 Telephone: 279-7678
il. Primary future 0 Cropland(CR) 0 Pastureland(PL) 0 General Agriculture(GA)
land use ' Rangeland(RL) O Forestry(FR) 0 Wildlife Habitat(WL)
(check one): 0 Residential(RS)0 Recreation(RC) ❑ Industrial/Commercial (IC)
❑ Developed Water Resources(WR) 0 Solid Waste Disposal (WD)
12. Primary present ❑ Cropland(CR) ❑ Pastureland(PL) 0 General Agriculture(GA)
land use }121 Rangeland(R1) O Forestry(FR) O Wildlife Nabitat(WL)
(check one): O Residential (RS) O Recreation(RC) ❑ Industrial/Commercial (IC)
O Developed Water Resources(WR)
To the best of my knowledge, all the information presented on this application form and
the attached Exhibits A-P are true and correct (must be signed by applicant/operator).
Date: By:
litle
88082
EXHIBIT A
LEGAL DESCRIPTION
Parcel A - Mining Area
A parcel of land lying East of the Union Pacific Railroad
right-of-way in Section 35 and a parcel of land lying_ in the SW
1/4, SW 1/4 NW 1/4 and W 1/c SE 1/4 NW 1/4 of Section ES,
Township 11 North, Range 67 West of the 6th P. M. in Weld County,
Colorado. ' Said parcel of land comprises 810 acres, more or less.
Parcel C - Haul Road
A haul road right-of-way whose centerline is the South line
of Section E7, Township 11 North, Rance 67 West extending 30 feet
each side of this centerline, beginning at the Southeast corner
of Section E7 and extending BOO feet in a westerly direction.
Said parcel contains 1. 10 acres, more or less.
Parcel D - Access Easement
An access easement in the extreme SW 1/4 SW 1/4 SW 1/4 SW
1/4 of Section 36, Township 11 North, Range 67 West, being 50
feet wide and containing 0. 03 acres, more or less.
A - 1
880825
Parcel E - Lecal Description
A oarcel of land lying entirely in Section 1, Township 10
North, Rance 67 West of the 6th P. M. , Weld County, Colorado,
including the W 1/2, SW 1/4 NE 1/4, SW 1/4 NW 1/4 NE 1/4, and SE
1/4 less a portion beginning along the South line of said Section
1 at a point 340 feet due West of the Southeast corner of Section
1 and considering the South line of said Section 1 to bear South
900 00' 00" West and with all bearings contained herein relative
thereto: thence South 900 00' 00" West 208' feet ; thence North 00'":'
00, 00" East, 73+71 feet ; thence North 900 00' 00" East, 1320 feet ;
thence North 170 00100" West, 340 feet ; thence North 490 30, 00-
East, 395 feet ; thence South 110 45' 00" East, 390 feet ; thence
South 530 30'00" East, 597 feet ; thence South 000 00' 00" West.
605 feet to the point of beginning; said tract of land contains
39. 09 acres, more or less that is not included within the area to
be permitted by this application within the SE 1/4 Section 1 .
Area to be permitted in Section 1 contains 490. 91 acres, more or
less.
Total area within the permit boundary is 1, 30E- 22 acres.
The affected area contains 925 acres.
A - 2
880825
r \ VICINITY MAF EXHIBIT B .
22\ x- 1 L1 \-. I 5E
Ju i
_- ,. `Iyc
\mil. H ---N--, \
rrll
A\�a ,1 i -�* - o l
a*+5755a'
SE)6
1-2 b, 2.8 till. k
f�.� I
566.
---
----/
'I-
- . N
\ \ N n 1
1
1 �_
i \
III 50]4 i r.-.
7-- PERMIT AREA '',
� �a
- .-
i
.E
i
_ems TflNTllN �, ��.
�`° `V - T 10 N 2 \
1
. I j I
\ �rziPTtE\ /
N.
.C , \ PERMIT AREA r - �.
T, \ \ ' SCALE: 1 =-2000 - ri ,
7;
��C+11 B 11 D
1,an
The mining site is located approximately three (3) mile, ea•-st of
Interstate 25 and southeast of _Carr, Colorado in Weld C+,unty.
The mining plan is contained in parts of three (3) different
sections. The site contains a layer of sand.: anC graves which
contains rocks up to twelve inches (1c'.") in size. The resource
itself is approximately eipht feet (B' ) thick and is overlain by
approximately two feet (2' ) of overburden soils. Underneath the
resource deposit is clay stone. Being located near a rail line,
the products can be shipped into the Denver market economically.
-The land to be permitted fir mining is divided up into five (b)
-general mining phases. The southwest corner of Section ter; will
contain a ten (ll ) acre site for shop, office, scale, storage or
-equipment, and special rock products. The access road from this
Area heads west and will cross the Union Pacific Railroad track;
to the County maintained road.
To remove rock products from the site, the adnlscant will
construct a rail spur from the main line into a loadout area on
tne south side of Section 26. The rock products will be
delivered in off-road haulers to the area. Front end loaders:;
will then load the rocks into railroad cars. At a later date,
the applicant may install an overhead hopper to load the railroad
cars. In the future this loading area may contain a washing
plant to produce wash rock products for delivery to Denver.
Also near the loadout area on the south side of Section 26 is a
location for a concrete plant and asphalt plant. These plants;
will be installed for road and bridge jobs in this section of
Meld County. They will not be permanent facilities, but rather,
set up on a job by job basis. It is highly unlikely that both
-the concrete and asphalt plants will be operating At the same
time.
The apolicant has devised an innovative mining operation which
will minimize the handling of the material. A large cutting
machine will excavate the material and convey it into a scalper
or screening plant. This plant will separate the material into
sizes less than 3/8 of an inch as undersize and greater than 3/8
saf an inch into the crusher. The crusher will then reduce the
material into a desired product and deposit that berind itself.
A front end loader will pick up the rock product and load it into
tne haul vehicles for transport to the railroad loading area.
The undersize material piles will be knocked down by a blldozer•
and spread to an Average three foot (3' ) thickness. 8SGS25
-A detail of -this mining _operartion is -contai-ned on Sheet r o'f
Exhibit C. R rros-s section on this -Sheet -further expl-ains the
mi-ning operat ion. It i-s an - -ff icient mini-np ooerat ion based on
hi-gh volume output.
Mining will begin in the -Phase I area. Excavat ion -will always
start at the low end _of the Phase. In this way runoff will drain
in the opposite direction of the mining. The first step in the
mining is to remove the surface soil layer with a scraper.
Next the overburden will be removed. After the first mining cut,
both soil -types can be stripped and directly -deposited on top of
the undersize material which has -been knocked down from the
previous mini-no cut. In this way there will be no overburden or
topsoil stockpiles. Although in the init iel mining cut, both
must -be stockpiled to the side. Thus they wilt be handled twice
in the first cut of -each minim phase. The mining epuipment can
then be moved in and the cuts can begin with the cutter, scalper,
and crusher. The cuts will. be made in a north/south direction
and move westerly up the slope. Between 2ci and 4t1) acres will -be
mined -each year.
Since there is no sand and gravel resource within the floodplain
of Lone Tree Creek, no mining will occur there. At least a 200
foot setback will be maintained from the Creek channel. The
mining will begin on top of the bluff above the Creek. By
beginning the mining this way, a berm will be created between the
_Creek and the excavation area. Sheet 2 of Exhibit C contains a
typical cross section of the berm. In order to allow runoff to
mass through the berm and into Lone Tree Creek, we will
occasionally cut runoff channels through the berm. These
channels will have 3: 1 s ide slopes and be rocked to prevent
rosion. By regulating the elevation of these runoff channels
through the berm, we -can create settling _ponds behind the berm
where any sediment can fall out from the runoff water. Thus
water duality in Lone Tree -Creek can be maintainer.
880825
Q -
TRELE Z)I£sllRSPNCE
Ma-ximum disturbed ground in acres at any time dc.trinr, the min.nc.
Major Acres
Overburden Stripped 1.-S
Mining Cut 1.
Moderate
Office and Equipment -area 10
Haul Road 1. 1
Railroad Loading Area 4. F
Concrete pr -Asphalt -Plant (t-emporary) 4;
• Wast-e -Knocked Down 1. 5
Overburden Installed 1. 5
Sur- ace :Soil Layers Installed 1 .-t
M ,nor
Year One Seeded Ground 40
Year Two Growing Grams 40
TOTAL 13Z 6. S
In our minin-g operation, -the mtripping of the overburden, th-e
mining itself, the knocking down of the waste materials, and -the
overburden replacement will occur throughout the year. In order,
to operate effi-ciently, all of these -functions will have to be
balanced. No more -than . 1. 5 1. S -acres each of stripped, excavated,
undersize material, or graded ground will be exposed at any given
time. Reseedinq of the around vii 1 l occur either fall or spr•inn.
per•
8SC 2•
D
EX441B1T E
Red i-amat ion Plan
The reclamation resoonsibility of this ninino operation will be
to re-establish a dryland pasture situation for -the rancher. The
mining will incorporate in process reclamation. In this way the
minimum amount of -disturbed acreage -will Age exposed during the
mining. -RI I equipment and structures will be removed aft-er
mining, although gravel roads —ill be Left for the use of the
rancher.
The reclaimed confi-gurat ion of the I-and will be -very -si-milar -to
its existing situation but 4 to _5 feet lower. This difference in
elevation represents the rock products removed. -The ex ist i nq
drainage -patterns on -the -site will be -maintained. Water will be
allowed to -exit through the -berms at regular intervals. We
anticipate that only in the severest r-ainstorms will any water
actually -flow through these runo-ff channels. Presently, most of
the rainwater percolates 1-n the soil because of its porosity. By
replacing, as undersize materi-aI, all rock -end -sand less than _3!B
inch in diamet-er, the existing soil str-atA wilt be maintained _and
thus its porosity. Inspection of -the site reveals there is no
severe gullying occurring because s„ much of the -water does soak
into the soil.
Grid i ng
Final pradinp will be carried on to recreate the existing slope
of the around. The exc-avat ion itself -wi 1 I be approximately ten
feet (11X►' ) dews. The undersize roc-k and sand will be spread in a
layer approximat-ely 3 -to 4 feet _deep and compacted by the
bulldozer during its work. The overburden material will then be
deposited by a scraper in a 12 to 20 inch layer. Th-en the
surf-ace soil layer will be spread in a 4 to 12 inch layer.
Therefore, the remaining ground -wi 1 L be approximately four -foot
(4' ) lower than the existin-g ground. The edges of each mining
phase will be -sloped no steeper than 3:1 . All grading wi l l be
continuous and uniform and will be performed in such a manner as
to mi-mimize ergs ion.
Ps previously discussed, he water -quality in Lone Tree Creek
will Age protected by a minimum 20+71 foot setba-ck, by no mining in
the floodplain and by use of the runoff -channels -through the
berms.
No acid forming -nor toxi_ -producing materi-al are known to exi-st
in the overburden or the materials to be mined. -Refuse will not
be generated on the .ef-fected land nor V411.1 any refuse be disposed
of on -the -mining sits.
830825
E - I
The backfiilinp_ of the undersize material and the installation of
the overburden will be done concurrently with the mining. Work
on all seoments of the mining and reclamation operations will
occur throughout the year.
No auger holes will be left after mining of the site. No addits
or shafts are associated with this operation. No water bodies
will be created or left on the reclaimed site.
The final reclaimed land use for the property is pasture.
W ►t_er,
Disturbances to the prevailing hydrologic balance of the affected
land and the surrounding area and to the quality of water in
surface and groundwater systems during mining, reclamation, and
afterward will be minimizes.
Disturbance to the hydrologic balance will be minimized by:
1. Compliance with applicable Colorado water laws and
regulations poverninq injury to existing water rights.
c'. Compliance with applicable Federal and Colorado water
quality laws and regulations.
3. Compliance with applicable Federal and Colorado dredge
and fill requirements. There will be no dredge and
fill requirements as pertain to navigable waters
associated with this operation.
4. No temporary or large siltation structures will be a
part of the mining or reclamation plan.
No earthen dams will be constructer.
W l.d1i.fe
All aspects of the mining and reclamation plan take into account
the safety and protection of wildlife on-site. Refer to Exhibit
H for a complete discussion of wildlife.
The overburden on the site is approximately two feet (c' ) in
depth and consists of sandy foams and clay foams. The land is
now used as non-irrigated rangeland.
880825
E - c
The surface layer varies from four inches to twelve inches (k" to
la") deep and is best suited for the production of the rangeland
grass species. This surface layer will be stripped first and
placed upon overburden soils which have been previously placed.
Then the twelve inches to twenty inches (1c " to eo" ) of subsoil
will be stripped and placed upon the waste product which has beer,
knocked down. In this way the existing soil strata can be
maintained.
No woody vegetation will be disturbed by the mining operation.
Consequently, no trees or shrubs are to be installed in the
reclamation work. The rancher desires his dry pastureland to be
replaced.
Fertilizer or other soil amendments may be added if soil tests
indicate.
Revegetat ion
After the backfill, grading, and leveling of the land, the grass
seeding will be initiated as soon as practical. The seeding will
occur either in fall or early spring. Seeding is expected to be
done at Least once a year.
The following seed mix and aoolication rate will be used:
3. 3 pounds pls/acre Crested Wheat crass
6. 3 pounds pis/acre Smoothbrome
3. 7 pounds pis/acre Western Wheatgrass
13. 3 pounds pis/acre Total Seed Mix
The grass seed will be planted with a grass drill. The seed will
be planted approximately 1/c inch deep and will be drilled
between November 1 and April I.
The purpose of the reclamation is to establish a vigorous native
type grass community. The significant invasion of noxious weeds
would be a detriment to this purpose. The area will be mowed
occasionally to control weeds. Weeds will be mowed when they
reach a height of twelve inches (1c" ) throughout the first
growing season.
Fire Lanes will not be necessary since the area is not forested.
All roads established on the site will be left for the use of the
rancher. The asphalt, concrete, and office sites will be
scarified prior to Leveling and seeding.
88082,:5
E - 3
EXHIBIT 6
WATER.. INFORMATIaN
The proposed mining area is located in the Lone Tree Creek basin.
This basin Is a plains type of drainage area encompassing a
typical long narrow basin. The proposed mining operation is
located off-channel from Lone Tree Creek and will not impact the
flows in the Creek.
Groundwater was not encountered in any drill holes during
testing. The operation is designed to be a dry mine with no
groundwater exposed. Therefore, . there will be no impacts on the
groundwater or surrounding wells. The accompanying Exhibit
indicates the location of wells in the area. Most wells are
located upstream of the mining thus even further reducing the
likelihood of wells being affected.
The proposed operation is designed to Leave a protective berm
between the mine area and Lone Tree Creek. This will minimize
-Potential impacts from floodwater entering the mining area.
There will be several cuts made in the berm at points shown on
Exhibit C. These cuts are made to allow surface drainage to
discharge from the mine site during heavy storms. Historically,
major surface drainage left the area as sheet flow to local
gullies and swales. It will now be directed to these discharge
points. This is not expected to have any significant impact on
the flow characteristics of the Creek. The cuts through the berm
will be reseeded and protected by channel armoring. In addition,
some erosion control measures such as staking straw bales across
the channel invert to contain sediment from minor storm events
will be done.
Water usage at the mine site will be confined to dust control,
minor moisture losses in mined material, and water used in
concrete batching and asphalt batching plants. There will be no
evaporative losses because no groundwater will be exposed. Table
G-1 tabulates the expected water losses in the operation.
Moisture loss from stockpiles is estimated from an annual
product ion rate of '200, 000 tons of three-quarter inch plus
material. This material would have approximately a 1% moisture
content. Normally a 4% value is used for sands and finer
material, but moisture retention is much less on large rock.
Dust suppression is based on application of 5, 000 gallons of
water daily for an approximately 100 day period each year.
88062
G - 1
6-1
Consumptive Water Use
Description.__. _ Consumption ...(al'lyr).
Stockpile Moisture Loss 1.15
Dust Suppression _e•o
Concrete Botching ttemoorary) 0• c
Asphalt Botching (temporary) 0. 1
Total Possible Water Consumption 3•ti
•
Sources of water to supply these needs will comes from existing
wells and surface water rights in the area. The applicant is
currently leasing available supplies and will submit a copy off
-the water lease to the MLRD when it has been obtained.
Direct discharge to Lone Tree Creek from wash waters will not be
done. All waters used in washing and botching operations will be
recycled through holding ponds. Therefore, an NPDES permit is
not -necessary for this operation. paint source discharge or
storm waters draining from the site are not expected to be an
impact. Erosion control measures as mentioned will reduce the
amount of sediment discharging to the stream. The proposed
phased reclamation plan will also minimize the amount of
disturbed ground which in turn will reduce sediment. Erosion
control of stockpiles will be handled by replacing this material
and reclaiming immediately after the aggregates have been
removed.
S80825
--- EXH
,sw , \ WATER RIGHTS os�_ �BiT= )
\_ v' (WELL 1 SURFACE)
` \z2 =t , y, ,i,� ,,••••.- „ err- ----- (, 2A
,>-7— ••\/---N----°
/ N
56l6
7%- __ - -1SK . sue - NI- -
-- - - `Car. Ale Lan. A '-' _ i A�
1 T: I U 'A:
r/
D W�'.f� 6 566
i
( I /- A ,,. \ .,) ._ 0 , i
5 __ ,.., , , ____ \ ,...
TAA T
•� �� T � i -
J
-: �
'1 ' '�.J ) F.
�, '� _ 1 12 PERM 1 T AREA �56zo �ba6
i, ';,
s�31 3X _ .-/ li 1 35 ,/
\\ 36 _I
/ yc i ' ti/ � —
/ r,
JJ
s>w T 10 N w
ll
v\Cd _ maye.
\ f
..)
__�
De y� J
J \r�\Vc';U --- ) i =
r 1SCALE: 1 "=2000' `_ _
N
l \ \ 5616 _— - 6 M ��(9t�g$p[//''��� y - \ } i
540,9
WELL g. WATER INcORMATION
I MILE RADIUS DF PROPOSED CARR F'I T
CARR, COLORADO
WELL WELL WATER
NL. 0wNER R T SEE USE YIELD DEPTH LEVEL
F Jack:,son i lil l r 67 W 11 N _27 1) --- --- --
✓ Laoi cren R. M. 67 W 11 N 27 D,S -- -_- --
C , r:,. _n-^ A .;_. , 7 W 11 ^: :3 z. :: u
D Rf, 2715 90 ECG
1r ,elmer, C. �. 67 W it N D ;�
E Thomas. Bert 67 W 11 N D7 •, 24 60 --
F Hi nterardt, D. W. 67 W 11 N 27 L 1_5 93 19
O :'mC-e", LL;St c-,7 w 11 f'i _27 D 10 110 40
H Mapr-z, Harry N. a7 W 11 N _27 S; 15 40 --
ia or2-er, ;Ross 07 W 11 N -:i D 10 100 C
3 Mi II-en & Jackson 67 W 11 N _ '-C 75
F'. Eeltcf: -Ba-nk b7 Ni 11 N 27 0 ..+
66 24
, "m-,•--_::
m-,•v « _- a.-re=E n .. i .. .-. 1 175
M Carr Reservoir P.F. 67 W 11 N 22 D -- --- --
N Carr Rtieservci r PP 67 Wt 12. N r-_ _D -- --- --
O Union 'aci-fi _ -RR We' 1 1 _•=7 W ' ' N = D -- --- --
P Lone Tree Poultry RA PP 67 W 11 N 26 1 -- --- --
Q Griffin Pumping -Plant 67 W 11 N 2-6 I -- --- --
R Lonetree Creek 67 W 1I N 26. = -- --- --
S Slater Well 2 67 W 11 N 27 D -- --- --
T Reinheimer Well 1 67 W 11 N 27 D -- --- --
U SI ater Well 1 67 W 11 N 27 S -- --- --
✓ Moor-e Well 2 67 W 11 N 27 DS -- --- --
W Stuhr kell 1 67 W 11 N 27 S -- --- --
X Stuhr Well 2 67 W 11 N 27 5 -- --- --
Y Moore WE11 3 67 W 11 N 27 D -- --- --
Z Lone Tree Creek 67 W 11 N 27 S -- -- --
AA L-one Tree Creek 67 W 11 N 27 c -- --- --J
AB Lone Tree Creek 6; W 11 N 27 S -- --- --
CILIRCE: State Engineers Office
"Application .and -Permits location Listing"
"Master List by Location"
"Water Rights by Location"
CAF:RUJATPIT. LOT
880,-,2,..a
EXHIBIT H
Wildlife
The Lone Tree Creek area is a lowland riparian habitat and does
function as a wildlife migration corridor.
The Colorado Division of Wildlife lists the following wildlife
species in the area:
Mule Deer White-Tailed Deer
Coyote Red Fox
Raccoon Striped Skunk.
Golden Eaa l e Swa i ns._bns Hawn.
Rough-Legged Hawk. Northern Harrier
Red-tailed Hawk. Great-Horned Owl
Mourning Dove Pheasant
Waterfowl American Kestrai
The mining plan does call for a 200 foot setback from the main
channel of Lone Tree Creek. The majority of the mammals in the
Permitted area migrate within the 200 foot setback, thus
minimizing disturbance to wildlife in the area.
No woody vegetation exists where mining is to occur as additional
insurance to protect the wildlife on-site. In-progress
reclamation will be utilized here so only Go to 40 acres will be
disturbed at any time.
Pawnee National Grassland, approximately five (5) miles east of
the permitted mining area, is a protected wildlife preserve
containing the same species as occur here.
880825
H - 1
I
detailed s-o►. map units EXHIBIT
map _unit descriptions
1—Altvan fine sandy loam, 0 to 6 percentelopes. 54—Platner loam, 0 to.3ziercentslopes. This deec
This-deep we-drained sol' is or. smooth tc mooerately wei,-orainea soh is on smooth toslightly dissected plains
dissected plains. It formed in calcareous gravelly and adjacent-stream terraces. It formed in calcareous
loamy alluvium.
Typically. the surface layer is dark_grayish brown fine Typically, the surface layer Isgrayisn Drown loam-4
sandy loam-6 inches thick. TheSUDso l is saner clay inches thick. T-hesubsoil is clay. clay loam. and silty clay
loam 'F inches thick. ME suostra:u. is cacareous loam 20 manes tnicn. Tne suostratum toa-depth of.60
sandy clay loam 5 inones thick over gravelly coarse sand Hanes-or more is calcareous fine sandy loam and-sandy
that extends to a depth of B0 inches or more. in some loam.
areas the surface layer is loam. Included in this unit are smab: areas of Ascalon fine
I^O!uacd ir. tn:5 unit-aresmai• areas of Ascalon fine Sandy ;cam„ are soda Gay loam, and Nunn clay loam.
sandy loam,-Pee=_gravelly sandy loam, anc tascaio Also Included are setts that have a finesaney loam or
graves' sandy Ipa— sand !O.m su^zCE
Permeability of this A!tva-. sail is moderate. Available -ermeaoHlty of this blatner soil is siow. Available water
=Effective L.aje .ItY is Hugh. _i'edvve rooting ceptr 1s 52 In:nes 0'
Wate- capacity is-moderate roct:ng pep;` is-6C more. Runoff is siow. and the hazard 0' water e'^5'o^ is
inches or more. Runoff is slow tc medium an: the Slioni. Tne nazaro col sou oiowing is lno.derdte.
mazer° of water erosion is sugnt to moderate. The This unit is used as nonirrigated cropland and
-hazard of soilblowing is mooerate.
'115 Lilt is used for nonirngated crops tic as rangeland. Winter wneat is the main crop.
.antic c-. c : '- crop.
s u c vier 5 : .= win:_; wnea Panay, cats,
I_ d Wln;e- w the a crop. and sorghum. Low annual precipitation is the main
This unit is suited to winter wheat. barley. oats and iim,;aton for me crops mat can pc grown on mis unit.
sorgnum. Because precipitation is not sufficient for Because precipitation is not sufficient for annual
annual cropping. a croppinc system that includes small cropping, a cropping system that includes small grain
grain and summer fallow is most suitable. Precipitation and summer fallow is most suitable. Precipitation usually
_usually is too low for crops on this unit to make efficient is too low for crops on .his unit tc make efficient use of
use of fertilizer. fertilizer.
Maintaining crop residue on or near the surface Maintaining crop residue on or near the surface
reduces runoff, reduces soil blowing, and helps to reduces runoff, reduces soil blowing, and helps to
maintain soil tilth and organic matter content. Stubble -maintain soil tilth and organic matter content. Stubble-
mulch farming, striperopping, and minimum tillage help to mulch farming, striperopping, and minimum tillage help to
control erosion and conserve moisture. Terraces reduce control erosion and conserve moisture. Terraces reduce
runoff-and the risk of erosion and help to conserve runoff and the risk of erosion and help to conserve
moisture. moisture.
The potential plant community on this unit is mainly The potential plant community on this unit is mainly
blue grama, needieandthread, western wheatgrass, and blue grama, western wheatgrass, sedges, and
prairie sandreed. The average annual production of air- buffalograss. The average annual production of air-dry
dry vegetation ranges from 500 to 1,600 pounds. vegetation ranges from 500 to 1,500 pounds.
If the range is overgrazed, the proportion of preferred If the range is overgrazed, the proportion of preferred
forage plants decreases and the proportion of less forage plants decreases and the proportion of less
preferred forage plants increases. Therefore, livestock preferred forage plants increases. Therefore, livestock
grazing should be managed so that the desired balance grazing should be managed so that the desired balance
Df preferred species is maintained in the plant of preferred species is maintained in the plant
community. community.
Range seeding is suitabie if the range is in poor 4Range seeding is suitable if the range is in poor
condition. The plants selected for seeding should meet condition. The plants selected for seeding should meet
the seasonal requirements of livestock or wildlife, or the seasonal requirements of livestock or wildlife, or
both. Other management practices That are suitable for both. Otner management practices that are-suitable for
use on this unit are proper range use, deferred crazing, use on this unit are proper ranee use, deferred crazing,
-and rotation grazing. If the plant cover is disturbed, and rotation grazing. If the plant cover is disturbed,
protection from erosion is needed. Loss of the surface protection from soil blowing is needed. Loss of the
layer results in a severe decrease in productivity and in surface layer results in a severe decrease in productivity
the p�entiai of the soli to produce plants suitaoie for and in the potential of the soil to produce plants suitable
_grazing. for grazing.
This unit is well suited to windbreaks and This unit is well suited to windbreaks and
environmental plantings. Supplemental irrigation may be -environmental plantings. Supplemental irrigation may be
needed when planting and during dry periods. neecec wnenplanting anc during cry periods.
ins map unit is In capaoility subclass IVe, This map unit is in capability subclass IV, nonirrigated,
nonirrigated, and in Loamy Plains range site. and in Loamy Plains range site. 880825
EXHIBIT I
5 R 67W f 5
4
45
•
2^ 1 J \\�
� '+ 29 t\•-•;:" t eo \ 29 i 57 . • ..
4 57 I
, 37 _N_� 5
2o.-y,a , _. -
in IF J
45
&26-
45
2 4Cf 57i3 \\ 57_ FP 4 1
j L \\ _ . \
\ 4PEIRMJT
yrREIA , ,
P3'734
\ X... 4` • ` i t • '?"?�}Fs �/S .nit
23 j3 rJ �„5„,.,.. .,-„*.,„
L7G `
20� i. T Jv
T11N ' I .. .a. I
r 5.
..
T1 ON
i ;
54 40. 4
2^
20\The
1
ef
23
/ so
-4 2 - L / 1\. So 1 40 i,29
/ \
_S_CALE: 1" 2000' S OI L ,..„ M A P
8 .' OSZS
4—Ascalon fine sandy loam, 0 to 6 percent slopes.
This deep, well drained soil is on smooth to moderately
dissected plains. It formed in calcareous loamy alluvium.
Typically, the surface layer is dark brown fine sandy
loam 6 inches thick. The subsoil is sandy-clay loam 14 12—Bankard loamy finesand, 0 to 3 percent
incnes micie. Tne substratum to a depth of 60 inchesbr slopes. This-deep, well drained tosomewhat-excessively
more is calcareous sandy barn. In some areas the drained sok isbn flood plains. It formed in stratified,
surface layer is loam. calcareous sandy alluvium.
Inciuoed in thisynit are smaliareas of Ascaion fine Typically, the surface layer is brown loamy fine sand 6
sandy loam that has slopes of 6 to°bercent. Olney fine inches thick. The upper_pan of the undenying matenai is
sandy loam.-ant Otero sandy loam. Also included are loamy sand and_sand 26 incnes thick, and the lower part
some-areas of Rock outcrop. tc a depth of 60 inches br more is-gravelly sena and
Permeability of this-Asc-aion soil is moderate.-Available verybravellysand that is stratified with thin lensesbf
water capacity is high. Effective rootinc dean is 5_ sand, sandy loam, anc loam. in someareas tne surface
inches or more. Runoff is slow to medium, and the layer is sandy loam or loam.
hazard of water-erosion is slight to moderate The Incluoed it this unita•e sma! areas c' sand anc grave
hazard of soli blowing is moderate. bars.
Thisunitt is used es ncn:micatet :rod:andand Permeability of this Etanica'd sol! is rap!d Available
rangeland. winter wheat is tne main crop. water capacity is low. Effective rootinc deaf!' is 52
Thtslu^.t is we!' sated to winte' wheat. 0 riey. oats, indnes or more. Runoff issiow,-antl the hazard of water
and sorghum.Secause precipitation is not-sufficient for -erosion is slight. The hazard of soil blowing is high. This
annual cropping. a croppincsystem that includes small -soil is subject totriefberioas of fioodinc inspnng and
grain and summer fallow is mostsuitable. cre::hatior summer.
usually is too low for crops on this unit to make efficient This unit is used-as rangeland.
use of fe-t Lze.. The potentia plant community on tnis unit is mainly
Maintaining crop residuebn-or near the surface switchgrass. Indiangrass,-sand bluestem. and prairie
reduces-runoff, reduces soil blowing, and helps to sanareed. The av_eragesnnual productionbf airtlry
maintain soil tilth and organic matter content. Stubble- vegetation ranges from 1,200 tol,500 pounds.
mulch farming. striperoppinc. and-minimur tillage-help to If the range is overgrazed, tne proportion of preferre-d
control erosion-and conserve moisture. Terraces reduce for-age plants decreases and the proportion of less
runoff and the risk-of-erosion and help to conserve preferred forage plants increases. Therefore, livestock
moisture. grazing should be managed so that the desired balance
Thepotential plant community-on this unit is mainly of preferred species is maintained in the plant
blue grama, westernwheatgrass, sedges,-and community.
buffalograss. The average-annual production of air-dry Mange seeding is suitable if the range is in poor
vegetation ranges from 500 to 1,500 pounds. condition. The plants selected forseedin_should meet
If the range is overgrazed, the proportion of preferred the seasonal requirements of livestock br wildlife. or
forage plants decreases and the proportion of less both. Other management practices thataresuitable for
preferred forage plants increases. Therefore, livestock use on this unit are proper range use, deferred grazing,
grazing should be managed so that the-desired balance and rotation grazing. Livestock grazing should be
of preferred species is maintained in the plant managed to protect the soil in thisynit from excessive
community. erosion.
Rangeseeding is suitable if the range is in poor This unit is poorly suited to windbreaks and
condition. The plants selected for seeding should meet environmental plantings.
the seasonal requirements of livestock or wildlife, or This map unit is in capability subclass Vlw,
both. Other-management practices that are suitable for nonirrigated, and in Sandy Bottomland range site.
usebn this unit are proper range use, oeferred-grazing,
and rotation grazing. If the-plant-cover is disturbed,
protection from-erosion is needed. Loss bf the surface
layer results inasevere decrease in productivity and in
the potential of the soil to produce plants suitable for
grazing.
This unit is well suited to-windbreaks and
environmental-plantings.Supplemental irrigation may be
needed-when planting and during cry perioas.
This map unit is in capability subclass IVe,
nonirrigated, and in Loamy Plains range site.
880825
20—Cascajo gravelly sandy loam, 5 to 20 percent 23—Dacono clay loam. 0 to 6 percent slopes. This
slopes. This deep: excessively drained soil is on deep, well Drained soil is on plains and adjacent stream
backslopes and shoulders of moderately dissected to terraces. It formed in calcareous loamy alluvium.
highly dissected upland ridges and breaks. It formed in Typically, the surface layer is dark grayish brown clay
calcareous gravelly-alluvium. Slopes are concave. Areas loam 4 inches thick. T-he upper? inches of the subsoil is
are long and narrow and are 20 to 1,000 acres. clay loam, and the lower-e inches is ^'ay. The upper p Na
r.
TYP'oaI'} 1= to SE percent of the surface is covered of the substratum is calcareous clay loam 6 inches thick.
with gravel and cobbles. Thesurface layer is dark and the lower part to a depth of 60 incnes or more is
grayish brown-gravellj sanoy loam 3 incnes thick. The sandy clay loam over calcareous very gravelly loamy
next layer is calcareous very gravelly loamy coarse sanc sand ana sand.
21 inches thick. Below this toa-depth of BO inchesor Included in this_unitare sma!' a-eas of Haverson loam
more is ca.care0.:5 very gravelly loamy coarse sane. Nunn clay loam,and Nunn loam.
Include-c in this unit are smah areas of soils. on Permeability of this Dacono soil is moderately slow.
backslopes shoulders. and crestsrf upland napes-and Available water capacity is moderate. Effective rooting
breaks, that have fine grained sandstone or siltstbne at a deotn i5-60 inches or-mote xunc is r edrJm, arc the
aeptr c' 20 to 4;, ,,,cues, Rock outcrop or.snouiaers hazara of waterrosion is slight to moderate. Tre
and crests of Upland napes and breaks: and Otero sandy hazard of soil blowing is slight,
1b2". and S:cen naff' fine sang. Ipa" :-.e iowe" parts finis unit is usecas nonirrlaated crooiandend
OTackslopes and on ubtang rues anc breaks. rangeland. Winter wheal 1s the mair. :rod.
Inc.Joecareas make uc aoout 25 Deer: c' the tc:a This un:: Is wel. su;ec to winter wnea'Marley. oats.
acreage. The cereentaoe varies from one 2 rea to and son;hu' lie "'e tec_-e c' t':e s.:Cace rayer ❑mils
ar a:ne;. the crops tnat can be grown on this_unit. Because
Permeability-of this Cascajo sad is-moderately rapid tc precipitation is not sufficient forennua' g cope;.s
aoeptr a 3 inanessn: r-aolc DelOw tn!s dept^.-P.v$ilabie cropping system That includes smail_ar-air aro su-t-ne-
water capac'ry ism _e-ate Effenve r„ ' depth is-60 tallow is most swtaoie. Precipitation usually is too low for
incnes or-more. Runoff is medium.anc the f hazard of -Crops on this unit to nake 2=J-flair': use 2t tenl.._er.
wa:e- erosion is manumit to very nign. Tne nazard of Maintainingxrop residue on or-near the surface
soil blowing isslight. reduces-runoff, reduaessoi: blowing, and neips to
Most areas of tnis unit are used as rangeland. A few maintain-soil tilthand organic matter-content. Stubble-
areasare used as a sourceof gravel. mulch farming,-striperopcing.and minimum tillage help to
The potentia'plantocm-^"ri:t or, this unit is mainly control erosionana conserve moisture. Terraces reduce
bluegrama, littlet>luestem, sideoats grama,-and prairie runoff and the risk of erosion and help tc conserve
sandreed. Tne average annual production of air dry moisture.
vegetation ranges from00 to 1,200 pounds. The potential plant community on this unit is mainly
If the range is overgrazed, the proportion of preferred blue grama, western wheatgrass, fourwing saltbush,and
forage_plants decreases and the proportion of less buffalograss. The average-annual production of air-dry
preferred forage plants increases. Therefore, livestock vegetation ranges from 400 to 1;300 pounds.
grazing should be managedso that thebesired balance If the range is-overgrazed, the proportion of preferred
of preferred species is maintained in the plant forage plants decreases-and the proportion of less
community. preferred forageplants increases. Therefore, livestock
Areas that are heavily infested with undesirable plants grazing should be managed so that the desired balance
can be improved by proper grazing-management. -of preferred species is maintained in the plant
Managementgractices that are suitable for use on this community.
unit are proper range use,-deferred grazing, and rotation Range seeding is suitable if the range is in-poor
grazing. Mechanical treatment is-noturacticaltecause of condition. The-plants selected for seeding should meet
the stony surface-and the steepness of slope. If the the seasonal requirements of livestock or wiidlife.or
plant cover is disturbed. protection from erosion is both. Other management practices that are suitable for
needed. Loss of thesurface layer results ins severe use on thisinit are proper range use, deferred-grazing,
decrease in productivity and in the potential of the soil in and rotation grazing. If theglantcover is disturbed,
this unit to produce plants suitable for grazing. Slope protection from erosion is needed. Loss of the surface
limits access by livestock and results in overgrazing of layer results in a severe decrease in productivity and in
the less-sloping-areas. the potentiia! of tie soli to produce pants suitable for
This unit is poorly suited to windbreaks and grazing.
environmental plantings.-The main limitations are the This unit is well suited to windbreaks and
large accumulations of limeand moderate available -environmental plantings.�upplemental irrigation may be
water c-apacity. Supplemental irrigation may be needed needed when planting and during-dry periods.
when plantin;and Shin; cry parlous. Summer fallow, This map unit is in capability subclass lye,
cultivation for weed controi,andseiectionofadapted nonirrigated,and intlayey Plains range site.
piants are needed to insure establishment and survival
of seedlings.
This map unit is in cacability subclass VI's
nonirrigated, and in Gravel Breaks range site.
880825
29—Haverson loam, 0 to 3 percent slopes.This 40—Nunn loam. 0 to 6 percent slopes. This deep,
beep. well drained soi, is on fiooc plains anc adjacent well drained soil is on slightly dissected plains and
stream terraces. It formed in stratified, calcareous, loamy stream terraces. It formed in calcareous loamy alluvium
alluvium. Typically, the surface layer is grayish brown loam 7
Typically, the surface layer is pale brown and light inches thick. The subSoi; is clay loam 25 incnes thick.
brownish gray loam 12 inches thick. The underlying The substra_tu— to, a aeptr 6:', inches or more is
-material, to a oeptn 01 60 Inones or more is very fine calcareous clay loam. In some areas the surface layer is
sancy loam and loam stratified with thin lenses c' sand. :ia) I:a T,.
loamy sand, and clay loam.. The soil is calcareous Included in this unit are sma!' areas c' Ave' fine sang,
thro'upnout. loam and Manzanola clay loam.
Included in this unit are small areas of Nunn loam and °ermeab'r:t) cf. ,,,,5 N..,nn soi. is slow. Av'aaoie water
Nunn clay ioam. capacity is high.Effective rooting aeptn is 60 incnes or
Permeability of this Haverson soil is moderate. more. Runoff is medium. an: the hazard of water erosion
avaiiabe water capacity is hi;n. Effective root:no depth is sliant to moderate. Tne haza-d-c` so', bow^n: is slight
is 60 inches or more. Runoff is slow to medium. and the 'n:5 t !s used as ,. -,care: cr::,a:is and
hazard water erosion is slight. Tne hazard at soil rangeland. Winter wheat is tne main crop.
blown: is moderate. This soil is subject to brief perioas ThLs. unit is Su;re_ r: w:-.ter wneat tere,. cars an:
` flc:-O : in s:r an: summer. soranum _ow annum. oreoto atior is the mar limitation.
Most areas of this unit are used as ranae'lanc A few a as it—Z.-Cr-4'i:- is su`' c ent To' annua
areas are use: as nonirrida e: crdp,a n:. Winter wneat is cropping. a cropping system that in:iuces sma` grain
tne main crop. a-: S=m.C.9r ta..:a. S r',:Sr sun-cape. Precipitation usually
Tne potenua plant community on this unit is mainly is too low for crops on this unit to make efficient use of
western wheatgrass, fourwing saltbush, switchgrass. fe-tihzer.
green neediegrass, anc blue grama. Tne average annua Maintaining crc: resA^.,e o near the su=e:e
pro:uctdr, of air-dry vegetation ranges from 1,000 to reduces runoff, redudes soil blowing, and helps to
3.500bounds. n72:- s_i ti:tr. and organ,: ma ter content. Stuocie-
If tne range is overgrazed, the proportion of preferred mulch farming, striper000ing. and minimum tillage help to
forage plans decreases and the proportion of less control erosion an: conserve moisture. Terraces reduce
preferred forage plants increases. Therefore, livestock runoff and the risk of erosion and help to conserve
grazing should be managed so that the desired balance moisture.
of preferred species is maintainec in tne plant The potential plant community on this unit is mainly
community. Range seeding is suitable if the ranee is in blue grama, western wheatgrass, sedges, and
poor condition.The plants selected for seeding should buffalograss. The average annual production of air-dry
meet the seasonal requirements of livestock or wildlife, vegetation ranges from 500 to 1,500 pounds.
or both. Other management practices that are suitable If the range is overgrazed, the proportion of preferred
for use on this unit are proper range use, deferred forage plants decreases and the proportion of less
grazing, and rotation grazing. If the plant cover is preferred forage plants increases. Therefore, livestock
disturbed, protection from erosion is needed. Loss of the grazing snouid be managed so that the desired balance
surface layer results in a severe decrease in productivity of preferred species is maintained in the plant
and in the potential of the soil to produce plants suitable community.
for grazing. Range seeding is suitable if the range is in poor
This unit is suited to winter wheat, barley, oats, and condition. The plants selected for seeding should meet
sorghum. Because precipitation is not sufficient for the seasonal requirements of livestock or wildlife, or
annual cropping, a cropping system that includes small both. Other management practices that are suitable for
grain and summer fallow is most suitable. Precipitation use on this unit are proper range use. deferred grazing,
_usually is too low for crops on this unit t0 make efficient ano rotation grazing. If the plant cover is disturbed,
..use of fertilizer. protection from erosion is needed. Loss of the surface
Maintaining crop residue on or near the surface layer results in a severe decrease in productivity and in
reduces soil blowing and heips to maintain soil tilth and the potential of the soil to produce plants suitable for
_organic matter content.-Stubble-mulch farming, grazing.
striperopping, and minimum tillage help to control erosion This unit is well suited to windbreaks and
and conserve moisture. Terraces reduce runoff and the environmental plantings. Supplemental irrigation may be
risk of erosion and help to conserve moisture. needed when planting and during dry periods.
This unit is well suited to windbreaks and This map unit is in capability subclass IVe,
'environmental plantings. It is limited mainly by brief nonirrigated, and in Loamy Plains range site.
periods of flooding. Supplemental irrigation may be
needed wnen planting anc (during cry perioas.
This map unit is in capability subciass IVe,
nonirrigated, and in Overflow range site.
B80825
EXHIBIT J'
VEOE1 AT'ION
The Carr Erave 1 Resource Sit-e t-e li-es within the northern part
of the Colorado Piesimont. The vedetati-nn at this site As nit
cultivated and is mainly grasses and forts. Along Line Tree
Creek ir-e isolated standm -of woody veaetat ion, incluozncl
cottonwood trees -and low shrubs.
The most prevalent -rsses found on site are blue -or- ma,
needL.-eandthread, western wheatora-ss, prairie sandreed, i itt le
bluestem, sideoat-s drama, f-ourwinp salt-bush and buffa3.ograss.
880825
3' - 1
EXHIBIT K
CLIMATOLOGY REPORT ND. 77
GRvSR ? 3c.-= _ CPA cr - -
CCLOPA:c S .TE LP:WE:P9'T• y -
T. :C__.!:s, CC. 6:523
iEMPEPA..:'nE . . . ( PPEClivrtr!0!: I ;L1'i-1.s: 1
1 +'t i:'-_L_ ...1
j .. : Cr•. S`:O.. S,.LT*' Kr. :.: . :Vs
m
yS uF -6, I - I w I R.t I .ZrI I� ;' .- Ir,- gr owi' i Iot 13 II`12 -to - CoQ IS. o ` 1
x -.x -..21 ,e c ..^ , .27 '0.z siS.... EI r `u`.c T .. I4.' - o ,w o .z s
L-g1 I I .z z x I 11 _L 11 .4.!26. 69.1:960124 I-27.1 11431I i ! C j 6 X 26.1 4 51 .26; .6;1962 6 I 5 2I . � 17.11642+1 6 I
I
uI-46.6'21.1[34.3! 0:..t96�20 1 I . I C I 4.326.19 1.7 Si. .cal ID551 10 4.51 3.J 19671 I ..3i 21 C.0
5 ip 3.. 27.0 1.4 .671 .591195221 4.3 7. l967 7 1.D C.0 0.C
A86 C.131.1[45.2 03. 1962 10 3. 1964120 10.01 .0117.4 C.:11.16 1.^.5.1949 13 6.3 3. 1967;13 2.9 .6 ..
.40 7:.4 4:.4 55.6 93. 1649 27 16. 195: 2 4 C.0 3AI 0.012.44 7.50 1970 23 .5 C. 0 C 5 • 1.7 .t
.9; 6:.! 40.7 64.4 104. 1954 23 50. 1951 2 S.71 C.O. 2 C.C 2.64.2.05 1962.21 :. 0 C 5.9 2.0 .5
67.5 54 71.3 IC4. 1954 11 36. 1955 15 15.31 0.0 0.0 0.0 2.50 2.25 1953 16 0.0 0. 0 C 62 1.3 .4
A. 05.9333 699.6 1:3. 19'49 0 12. 1056 29 10.6 C.C .1 C.0 1.70 1.75 1954 6 0.0 C. 0 0 3.6 1.1 .3
SD' 77.6-44:7 6:.2 97. 1959 0 21. 1962 9 2.6 0.0 1.0 C.0 1.06 1.29 1955 25 .2 1. 1645 20 2.1 .0 •1
..7 66.2 35.4 51.9 96. 7967 3 3. 1969 14 7.0 .3 11.1 C.0 .72 1.51 1951 M 3.1 IS. 1969 12 1.1 .3 .1
51.4 23.5 37.0 74. 1945 2 -10. 1951 2 C.0 1.61i 26.5 .7 .44 .70 1955 11 5.4 -3. 1967 2 1.4 .1 0.0
._ 43.11 17.61
3:.7 69. 16451 d 1-23. 1644 17 0.0 5.529.4 3 0.1.4 .24 .41 1953 3.5 5. 1963.22 .31 0.0 C I 1%71.1..163.5!33.7 41.6 I i 1 135.J 25.I 173. 9.114? I 137.1 I 34.1 11.1 2.
PiEC1P1TATIop 511P PRO5A6ILITY ECIILL 06_1.055 Tw•. -
9696,
LEVEL .16N PCB MLR APR MA. yv J 4_15 SEw 0"i 5Ov
.C5 Eire Co', O.OL` ..5 ) y .EC ANNUAL
• 0 C,r0 0.!'C 0.00 .30 77 •51 1 .83 0.00 0.00 0.00 C.00 4.39
.20 0.00 O.en .7. .94 10 0.00 0.00 0.00 0.30
.30 .iU ..T ].!J 1.35 7.In ,P. .10 .08 0.00 O.0f 10.79RO
.03 C.CO ,JO ,5T
•LO .10 .12 •12 ,1q 1.,. /•r, 7.11 1.^A .30 .I0 .7R .5n 17.RV
.50 .17 l7- 1.20 .51 .40 .JY 1 113.pm
.60 .75 .3♦ •bJ .S7 2.:[ a.3 J.i' i.7:. .0i .•D 7 .21 7].P?
..78 78 .35 ..7 .62 1..' 2..,., `.19 3..3 nh 1.00 .n .a .30 18.13
.0 ..9 .65 1.11 1.71 3.55 .1.l) 1.r. 2.45 7.64 2 .5/ .31 11.54.7? ,95 1.60 2.25 ♦.77 •,.0 3.5. 3.r.. 7.60 1.2 .9.
.95 - ..5 1.28 2.00 2.15 5..2 ^•.,5 5.51 3.6. 3. T .9P .74 21.57
S,S] 3.Me 3.32 2.9 1.19 .74 21.57
AL PNA
601• 1.32 1..1 1.11 1.9? 2.5? 2.1A
.32 .67 2.54 2.75 .21 1.16
0 .25 .30 .I1 0.n0 0.00 0.u0 0.00 0.0C 1.0% .117 L.21 1.21 12.27
8666D o*.Iw< .a.Ps+. •11 .21 .21 C.CC
A.P..Lr 5.pwf P:,.a' ••n•` 1.0716 T:' C<'L
04 NO. Cr wfsT,.5 PAVING RE ias :.sr:_E, PLVL_ TE4
MEDIAN PRECIPITATION •w 7E7S r' T 1L n0. C'A OOLT1S
O wN 15 4;.E.1'::IC.it O.4T�inE .50 VP07LM jL71Y LEVEL
880825
EXHIBIT L
Reclamation _Cost Est imate
This cost -estimate is based on trie maximum ti uriziance which
should -occur at any Given -time under thin mining plan. The cost
estimate assumes that three C3) one-half mile passes have been
made with the cutter prior to any reclamation wori'. beimp done Zn
the stripped area, windrows, or overburden area. I-n addition,
all the processing and loading areas have been included In the
cost mate. The permanent caravel haul roads will remain for
use by the rancher.
L - 1
880825
COST ESTIMATE TABLE
i Cost / I Total I
IAmo+.4nt ( Unit_ f Unit I Cost _. I
A. MAJOR DISTURBANCE I I I ` I
I 4 I I I
1. Overburden Stripped I I I I I
-a) Replace surface soil layer I I I I
cif -B" to 1c" -on _UMW haul, I I i I 1
grade I 1, 700 ( BCY I S 0. 85 I41, 445.00 I
b) Seed, fertilize, mulch i 1.5 I AC I 45210.00 14 750. 00 (
I I I I
E. -Mining -Cut I I I i 1
a) Replace surface soil layer I I I ( f
of 8" to 12" on 10+20' haul, I 1 4 I I
grade I 1, 700 I BCY ( `3 30. 8S 131,445.- I
b) Seed, fertilize, mulch I 1.5 I Pt I 35IO. 00 13+ 750. 00 I
I I I I I
B. MODERATE DISTURBANCE I I I I I
I - I I I I
3. Office and Equipment Area I I I I I
a) Scarify 1-8, 400 I SY I $ 0. 15 147, 260. 00 4
b) Seed, fertilize, mulch I 1101 I AC 1 S500. 241 i $ , 000.00 I
i I ( I I
4. -Railroad Loading Area I I I I I
a) 6car4 fy 1E0, 300 I SY I ?► 0. 15 143, 045. 00 (
b) Seed, fertilize, -mulch I 4.'2 I AC I lizeta. eir 1 3s:, I QUO. il►0 I
( I I I f
5. Concretes or Asphalt Plant I I I I I
a) Scarify (c3,eloo I Y ( s 0.15 I44, 350. 00 I
b) Replace surface soil laver I I f I I
of 8" -to 1E" on 100+21' haul I I I I i
grade I t, 8210 I BCY i $. 0. 65 t $5. 780. 00 I
c) Seed, fertilize. mul-ch 1 —6 I AC i 4500. 00 I43, 000. 00 I
I I 1 I i
6. Waste Knocked Down I I I ( I
a) Grade at dump site I 9, 700 I BCY i $ I.r.3 1-Sc, AE5. 00 i
I I I I I
7. lOverburden Installed I I i i I
a) Rough grade i 7, 300 I SY I 3 0.25 2131, 825.iz0 I
b) Seed, fertilize, mulch I 1. 5 I AC i 4500. 00 ¶ 3 750. 00 i
i I I I I
8. Surface Soil Layer installed I 1 I I I
a) Seed, fert i 1 i z-e, mulch I 1.5 I AC I 4500. 00 14 750. 00 I
I I 1 I 1
C. MINOR DISTURBANCE I I I I (
I I I I i
9. -Year Sne -Seed Ground I I I I I
a) Reseed by broadcast I 20 I -AC 1 3 85.00 I$1,700. 00 I
I I I I 1
10. Year Two Growing Grass i I I I I
a) Reseed -by broadcast i 5 I AC 1 $ 85. 00 1$ _ 42.5, 0V_I, I
TOTAL I I I I44'E', 8021. 00I
L - 2
88€ 825
EXHIBIT M
CONPL I ANCE. w I TH LCCAL ZON I Ns
The property is within Weld County and mining is a land use
governed by the Zoning Resolution. The applicant is in the
processing of applying for a Special Use Permit for mining within
the acriculture zone. When obtained, the Resolution of the Weld
County Commissioners will be submitted.
EXHIBIT N
C3THER,__PERMTT5_AS4D„ LICENSES
-Prior to the mining operation being started, the applicant will
apply to the Colorado Department of Health for an Air Pollution
Emissions Number ( EN) permit to cover the mining operation.
880825
-r,i N -- I
LEGAL RIGHT TO ENTER
_.EASE -AGREEMENT
THIS LEASE, made and entered Into this 1st day of
May 1987, by and between JUNE H. LEHR, with -a mailing
addre&s of 1254 Weld County Road 120 Longmont, Colorado 80501.
hereinafter called 'LESSOR, and AND=SITE ROCS COMPANY, a
Colorado Corporation, -with a mailing address of 313 South Pillips
Street. Sioux Fails, South Dakota, 57117, hereinafter tailed
'LESSEE'.
1ITNESSETII
1. Grant: Subject to the terms and conditions ol the
Contingency Dption described in paragraph -2 hereof, the LESSOR,
:n consideration of the convenar,ts and agreements -hereinafter
contained. -has granted. -demised, d, and let and by these
presents does grant, demise, lease and let exclusively unto _.tSSEE,
its successors and assigns, the following described real property
situate, lying and being in the County of Weld and State of
Colorado (hereinafter called.-"the Leased-Premises', and further
described in Exhibit 'A" attached hereto and incorporated herein
by reference. With the exclusive right and privilege to mine,
-extract, story, stockpile, remove and sell all of the sand, -gravel,
and by-product materials incident thereto, (hereinafter called 'the
Lease„ Subatancos', 1n, on -0r ynder the Leased Premises, together
with the right to remove any and all topsoil or overburden above
the Leased Premises, the right to _use so much of the surface of the
Leased -Premises as may be necessary or convenient in the construction
of gravel plants, -concrete and asphalt batch plants, together with
the right to construct roads, briiges, and ponds, together with the
• ,right to install, store, and locate equipment of all kinds for any
or more of said purposes, and the right to erect suitable buildings
for offices, workmen, equipment and repair and storage and the
transportation and shipment of the Leased Substances.
AT ty neap awn in j
ITALMn1 WAS MICIAMIDISasAeAn
�M 1M yLrT Ooow•aC�mlCtr•
880825
8 1165 RIC 02109296 0R/0i,/F' :21C9 ►S.0c 2/OC3
r 1_nc KA' kttt: IEUERSTESR CLERK 6 RECORDER. WEL C°
Ihl LFSSCC'N minim,- operation what ] in. cou,iucted with the
end in wind of leaving the prerisun .,t Ih.. t,•rx.r nal ,nn wl the luasv
in an
attractive condition. F., lh,u ru•I, , I ,,. ...u,•wl tl,.,t the
banks ni lilt:
gravel pal shall Ix• ::Lq.•J, .u,•I Uhl! Ian• Ltnx•il ,.._
mowed Irum that portion tot
the Jean,:,v. lu.�m,r..•n shall by
Cr
oU
replaced to the slopes ul the gravel pit at the cone:xs:u,, off
the
mining o
Aeration. IL Is realized by trio pa, tie:: Ibit the I'arelamation
of the "gravel pit' ray be subject. Li the •.,i,•b and regnlat inns or
the State of Colorado or the United State:. ,
l June, lea. Any 1111Ui
imposed lay either ul such aul h.rrit i,•:: ••r
anyshall cone. ist nt l thl e•II
'0: to the extent, saax; may be inconsistent with the
provisions or Chi:: paragraph.
IN w1T•H:.S$ WIILR::Ot', talc parties hereto have executed th,s lease
on the date and year first above written
LESSOR:
Lfs,c....
r COMPANY
� . • / ,mil
State of Colorado
( i
County of fl/:,'(. .{
1
The above and foregoing instrument was ask::.'w:voged
before me this-�� day of a
June H. Lehr, as LESSOR. ' 19 by
Witness my hand and of fir;al
My I:•.Im:n I,•n •:;p I Ia•x ':.�i
}
h, al I'ubl1, - V
State of Co:oradn
County of j;
t Thbef above e Chd s foregoing
a
day lment was .,cko.'.la,!•)ud
by
as •C , of Andcsitc
kook ompany, As LLS5:.i:.
Wit,,: .. . L u.., auJ .rl I , II
ay r,s:o.i, I pi re:• yc Gar!'•
CITYWINovi(OF APP�EWOOD
--:/l WEST=ND AVENUE
V*C4T RIDGE.CO so=
880825
E 116S R8: cn092-96 06/04/17 12,09 49.00 3/001
P 11-40 W"T ANN TZUtasTE:N y.6Rl, a RECORDER Mf CO, _CO
EXIIIBIT •-A•
LEGAL DESCRIPTION
All -of Section 15, Township 11 North of Range 67 west
of the 6th ₹.M. containing 510 acres, more or less;
subject to rights of way for public roads and also
aubjeet to reservations by The Union Pacific Railroad
Company, _for railroad right of way and for oil and
minerals.
All of Section 11 in-Township 10 North, Ranye 67 west
cf the itt. P.M. containing 610 acres, more -or less;
subject to right of way for -public roads and excluding
2C acres more or less; within S.E. # of Section 11,
(SEE ATTACHED MAP) , leased by weld County, Colorado.
ISEE ATTACHED LEASE)
880825
- .1c925: 06/c4/87 12:09 ..n+=2.00 1/004
-- P .] uce ANA PECE?S^_EcA C.LEi6: • RECOiIZi.. .,u, CC y� '
AR2109297
THIS LEASE, made and entered into this Is: day of nay
by and between LLOYD I.. THOMAS and MARJORIE J. THOMAS, with i
mat any aacruss JI do: , Colorado Noah, hurein,Il Let called "LESSOR",
JnJ i'.:i.l'tt"f:. R dr.. ..bF. 'i\' , .. c.,,loru,lu 1ur11urat Lott, will. a l maliny
Jedless; , bu1._,, i ... .. .ps LtreeL, SDiu% Val I:-;, .Eolith Dakota
5711:, hereinafter __. red `diSS EC'.
w ITNESS CTI'.
•. ran : subl eta I Le the terms um! corn:.
..c.�-
., ,,. the .n:.ngenuq
op t tan .wsc ri boa ill pcJ ac r al,l: Ile re ,( , the i.L.:'.:.i ill, LIE
al trio conveniens and a'yreemcr:s hereinafter contained, has granted,
demisa ...,e c.._ .a, and u y [Huse presents does (j rant. demise, lease,
and let exclusively unto LCSSCE, its successors and as s:gns, Inc .a.:Ow-
tr.y describes real property situate, Inc anE ..,..n.. .n :no County of
held and State of Colurauu (hereina:ter canto "tire ...:ase� r:e¢.ses": .
anu further described in Exhibit "A" attached hereto and incorporated
r.ercin by reference. hit❑ the exclusive right and privilege to mine,
extract, store, stochpiie, renluve and sell all ..I the s.lnJ, tIrftvOl, a„„
by product materials incident thereto, (hereinafter called "the Leased
SuLatanees") , in, un ur under the Leased Premixes, L1np:ther with the
ri yhc tO remove any and all topsoil Or Overburden above the Leased
Premises, the right to use so much of the surface of the Leased
Pt'nut ses as may be necessary Or convenient in the ennstreetide of grave:
plants, concrete and asphalt batch plants, together with the riyh_ to
construct roads, Ori:i. s, and ponds, together with the right to install,
store, and locate equipment e'. all kLnds for any more of said purposes,
and the right to erect suitable buildings fur uLfices, workmen, equip-
ment and repair and storage and the teansportal.inn and shipment of the
Leased Substances.
Sams_rreuaein
AT THE TIM a IIKPMTmN. This IN,
mwiM WAS Ppal, TO •r IMAO(ouATE
MP Mt OCT MOTOOPApotiC anp}Knp,
•1u.rsE On lucuuwn.GAUGH a,tome
COPY. oxpwm r.nc ETC
8808425
:142 MARY-ANN FEUERSTEI-N CLEAT i RECICES —CI CC _C
(h) LL55CE'3 minrng operation shall be conducted with the
end an mine o_ :eat___ the premises a: the te:minat_on of the lease
an an attractive _condition. So this end, :t as agreed that the
banks of _the grave: snail :de saoped, and that the topsoil re-
moved from that portion of the _demisec-premises shall be returned
or replaced to the slopes of the gravel pit at the conciusson of the
mining operation. It is real:zed by the parties that the reclamation
of the "gravel pit" may be subject to the -- " and _
:eca_r__ons cf
the State -of Colorado or the United States of America. Ant
ments imposed by :reufre-
p either of s:c, as:nc:___es or an:, agency cone
s
snail control to the _extent, ame_ma; be inconsistent w_tr.. one
rrc _s:or,s of tn:s paragraph.
WITNESS WHEREOF, the parties hereto nave executed -
on the date and `n is lease
year first aoove w:::ce:.
„ESSCR:
�,,.. .,E55EE.
ice? j �t�,.�
Y_ct' -"..Dias
k.ar-oo_e .,
Tnomas
I_a_c _d_ Cc Lrawo
County of 1/�- 14.t.
Inc aoove and foregoing instrument was acknowledged
before me this /_/ day of _ _ _
Lloyd t. Tnomas, as LESSOR://
Witness my nand and official s al
My commission expires - ?�Y�SJ
1.,r:
t. J <
Notary Pub c11F �
State of Colorado
County of .1/2-C-L
The above and foregoing instrufient was acknowledged
before me this - day sf
Marjorie C. Thomas, as LESSOR.4 "9E. by
Witness my hand and offifya sea'
My commission expires m,slm Expire,
1:; 155:
l/
'Notary Pl:tc � L�d
Xo ‘s,2
880825
8 11., REC 0 09297 08/04/87 12:09 ..2.00 4/004
F 1144 MARY ANF FECERSTEIN CLEAR 4 RECORDER WELD CO, CO
L%MIB IT "A"
LEGAL DESCRIPTION
Al ! of the Rust c' Sect ;m 2i Towns“:, kw ,n 0,
67 West of the 6th PM contain) . ]20 acre, me-, er Icss .
F 2143 MARYANN 7EC ",• z•ua c.e.UO p/004
ERSTEIN CLERK 4 RECOICU WELL CC, CC
State of Cc!era cc
County of ;� _, /,%,,
The above and foregoing instrument was acknowledged
be fqq_ e me this = t day of _ 7 by
f=5-i./r as ," ._ rJ.. 98 1 of
Andesi:e Rock Company, As LESSEE.
k)tress my nand and official seal
My commission expires' r' r
CITYWIDE ( tJL'�',` J'A/s
RANKS AP°LEW00 0
la,aI WEST 32ND AVENUE NOTARY PUBLIC
WNtAT RIDGE.CO In
880825
_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
EXHIBIT P
Win''..E RE OF RECORD
1. W1 26-11-67
JUNE H. LEHR -1/2 minerals
ADDRESS: R.R. 20 Longmont, Colorado 130501
013. and Gas Lease -recorded June 20, 1984, Reception No. 1971137
Lessor: June H. Lehr.
Lessee: Wiepking-Fullerton Exploration, Inc.
-Address: Inverness Dr. E. Bldg. A, Ste. B, Englewood, Cc. 80112
Term: 5 years Dated 6-15-E4
LLOYD E. THOMAS and MAE.i0R2£ J. THOMAS 1 minerals
ADDRESS: Carr, C-o orado 8D612
Oil and Gas Lease dated June ,
No. 1971136 5, 1984; recorded June 20, 1984, Reception
Lessor: Lloyd E. Thomas and
Marjorie J.
L-essee: Wiepking-Felaart _ _ Thomas
Address: Inverness Ir.jE. £idg. A, Ste. Inc.-ac
b Ste. B, -Englewood, Cc. EG._ '
2. All 35-11-67
Cha.M.PLIN PETROLEUM -COMPANY - all minerals
-Oil and Gas Lease dated July 26, 1976; recorded October 25,197_6,
Reception No. 1702034.
Lessor: Champlin -Petroleum Company
-Lessee: Amoco Production _Company
address: Security Life -Building, 'Denver, Co. 8O2D2
Term: 5 years
(Nate: Covers W1, SE', except 34.t8 acres of UPRR Co. Might of Way)
3. All 1-10-67
RICHARD M. ALT -1/2 minerals
ADDRESS: Bunker Hill -Road, Tamworth, New Hampshire -03886
Oil and Gas Lease dated -April 9, 1-980; recorded May 21, 1980 Reception
No. 1825423.
Lessor: Richard M. Alt
Lessee: Van K. Bullock
Address: 1410 Security Life Building, Denver, Co. 8D2O2
Term 5 years
AMY F. McELROY minerals
ADDRESS: 5954 Raymond Way, Sacrament-o, Ca. 93820
Oil and Las _.ease dated November 13, 1979; recorded April -9, 1980
Reception No. 1821763.
Lessors: Harry A. McElroy and Any F. McElroy
Lessee: Van K. -Bullock
Address: 1410 Security Life Building, Denver, Co. 80202
Term 5 years
4. Lease Agreement (sand and gravel) elated May 1, 1987 and recorded
August 4, 1987, tecepti-on No. 2109-296.
LESSOR: June H. _Lehr
Address: 3254 Weld County Road t2O, Longmont, _Co. 80591
L-BSSEE: Andesite Rock Company
Address: 313 South Fillips Street, Sioux Falls, South Dakota, 571„
88082,)
WELD COUNTY, COLORADO
US£ BY SPECIAL REVIEW APPLICATION
for
MINING PERMIT
Weld County Department of Planning Services, '315 10th Street, Greeley,
Colorado, Phone 356-4000, Extension 4400
For Department o₹ Planning Services Use Only Case Number:
Date Application Received: PC Hearing Mate:
Section: , Township: North, Range: West
Zoning District:
Recording Fee: Permit Fee:
Recording Fee -Receipt 11: 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 gravel
(gravel, coal, borrowpit, -etc.) mining operation for the following
4 'described unincorporated arses 'of Weld County:
LEGAL DESCRIPTION WA, Section 26 , T11N. R67W
All Sec,tinn 1 • T10N, R67W
All Section 35 Tl-IN. R67W
__ProDosied pit A reage 1074 TOTAL ACREAGE: 1600
2. Surface owner(s) of area of land described (Under lease)
Name: Thnmaa Lloyd Address: Carr re RO642 Phone:897_731
Name: Lehr. .Tuna Address: 3254 Wald Cn Rd. Phone:776_9l ]4
es
3. Owner(z) of mineral rights to substance to bye mined
Name: As Above Address: „ Phone: If
Name; If Address; I'
Phone: „
•
4. Source of applicants' legal right to enter and to mire on the land
described: "Title ahstrac t T.pamez Affidavits
(Attached certified copy of any document noted to the back of this form)
5. Address o₹ applicant and general office
Applicants address: 3935 Youngfield. Golden, C0 Phone: 279-7678
General Office address: 80401 Phone:
6. Identify any prior permits for mining held by applicant or affiliated
person: In Weld County • #79-83T.
880825
7. Description of Operation
a. Types and number of operating an processing equipment to be
employed: 3 each rubber-tired front-end loaders 4 to
7 ru yd caparity 2 each portahle rnne rrushers ,
3 each 6 ' x 70 ' prnressing crreenc nn-site rail load_
out .
b. Maximum number of employees: $
and number of shifts: 2
c. Number of stages to be worked:
each is to be worked: 5 and periods of time
4 to 9 years/stage.
d. Thickness of mineral deposit: 8 feet, and thickness of the
overburden: 1. 5 feet.
e. This will be a wet/dry pit operation. Dry
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) : Access on Road 124
8. Description of Rehabilitation
a. Proposed rehabilitation land use(s) : Grazing & Cropland
b. Source of technical advice for reclamation: Tuttle,
Applegate & Rihndahl . Inc .
c. Explanation of Reclamation Process: enntininuq replacement
of overburden and topsoil aq ruts progrgss westerly
nryland seeding with pre-rnnt-i tinning sedan rrnp
I hereby depose and state under the penalties of perjury that
all statements, proposals and/or plans submitted with or contained within
this applicati n are true and correct to the best of my knowledge.
COUNTY OF
STATE OF Ar,►p a G •
Si nature. Owner/ uth ed Agent
Subscribed and sworn to before me this /6 day of U
�/� BLIC 2iit� r 19. 0
SEAL /
_ // G 1
NOTA Y UBLIC
•
My Commission expires el/09
•
•
•
•
•
88682.5
Andesite Rock Co. proposes to operate a sand & gravel
operation on the referenced site. The site contains a size-
able quantity of material that will have a -market in the
Denver metro area in the years to come. The quality of this
material is significantly higher than that of the alluvial
deposits that remain on the Platte River basin in Denver.
The facility would normally employ eight to ten people
full-time. Should there be a need to set up a temporary
concrete or asphalt batch plant, that number could double.
Work would -be done on a two-shift basis , with the evening
shift being primarily -maintenance. Production and load-
out would occur during daylight hours .
The extraction and processing of materials in the pit
will be as follows :
Topsoil will first be bladed into windows in a 200-ft .
wide area, with the long axis being north-south. Approx.
2 ft . of overburden will be removed _next with a 20-yard
elevating scraper. Initially, this material will be stock-
piled to the east of the cut, tut will be placed directly
on the sand or undersized material once the initial cut
is made. The windrowed topsoil will be picked-up ±y the
scraper immediately after the overburden is in place.
As soon as enough topsoil and overburden are removed,
excavation will proceed on the same north-south axis at an
initial width of approx. 100 ft. and depth of approx. 8 ft .
with a 7-yard front-end loader. The loader will feed a
portable scalping screen, which will reject all material
880825
less than 3/8-inch and send all larger material to a port-
able crusher. The crusher will stockpile this material
adjacent to it in piles 25 ft. high. Another loader will
load out the haul trucks for delivery to the stationary
plant.
As noted on exhibit C, the wash water and dust control
ponds in section 35 will have to be built in order to put
the plant in operation. The excavation of these ponds will
occur before the main "slot cuts" in phase I of the mining
plan and this material will be processed with a portable
crushing plant .
When the volume requirements of the pit become great
enough, the applicant will place a continious , track-type
excavator and conveyors in the pit, replacing the 7-yard
loader and haul trucks .
The stationary plant will consist of a 40 ft. steel struc-
ture that will hold a large sizing screen and cone crusher.
After the material is further crushed and sized , it will be
washed on a wet screen and placed in conical piles adjacent
to the plant via radial stacking conveyors . Load-out of
finished product will then be accomplished by front end
loader into 100-ton rail cars on the adjacent spur track.
The proposed operation is designed to leave a protective
berm between the mining area and the creek. This will min-
imize the potential impacts from floodwater entering the
excavation. The cutsthrough the berm, shown on exhibit C,
are designed to allow surface drainage to discharge through
88082t-
- 2 -
the excavation during heavy storms. Historically, major sur-
face drainage left the area as sheet flow to local gullies
and swales. It will now be directed to these discharge points .
This is not expected to have any significant impact on the
flow characteristics of the creek. The cuts through the berm
will be reseeded and protected by channel armoring. In ad-
dition, some erosion control measures such as staking straw
bales across the channel invert to contain sediment from minor
storm events will be done.
Dust control and wash water for use as part of the opera-
tion will be stored in the ponds as noted on exhibit C. Water
use and storage rights will be applied for and augmented as
detailed in the attached research letter shown as exhibit P .
As previously noted, the undersize fraction of the material
is left in the pit. It is expected that the reclaimed area
to the east of the operating cut will be approximately 4 feet
lower than the virgin ground to the west . It is unlikely that
this material will ever be of economic use, as the available
resources in the Denver metro area will last well beyond the
proposed mine.
Access to the pit will be via Weld County Road 124. The
plant will normally employ 8 people, resulting in 16 light
vehicle trips per day. In the event of a highway project on
I-25 or U.S . 85, approximately 80 truck-trips per day can be
expected. Westbound traffic will travel west on 124 for two
miles , north on road 17 one mile and jog to I-25 on road 126
west. Eastbound traffic will proceed north on road 21 and
east to U.S . 85 on road 126 . Blading and dust-control mea-
- 3 - 880825
sures will be made to insure that the county' s roads remain
in an ' as is ' condition.
The maximum number of trucks internal to the site will be
4. These will be 140, 000 lbs . gross weight and will be used
to haul the material to the plant. It should be noted that
the use of field conveyors to transport the material from the
eut to the plant can be used once production levels reach
higher than 25 , 000 tons/week. This conveyor would effectively
replace the haul trucks .
The area around the proposed site is used primarily for
livestock grazing. Currently the Weld County Road and Bridge
Department is mining sand and gravel on the south end on sec-
tion 1, range 67 West, township 2 South. The closest resi-
dence to the operation is 2500 ft . from the western boundary
of section 26, which is in phase I of the mining plan. The
distance from the resident to the permanent field office and
-equipment yard is 3800 ft.
Should any other subsurface leasees excercise their lease
rights , the applicant will make appropriate right-of-way and
and access available for their operations . This will prob-
ably entail leaving an approximately 3-acre "island" for a
pumping rig. Naturally, the intent would be to work closely
with other leasees to locate any drilling activity on pre-
viously mined areas .
Additionally, the applicant assures the county that it will
comply with:
- The operation policies listed in section 44.4 ET Seq. ,
through section 44.5 of the Weld County zoning ordinance.
- 4 - 880825
- All county and state health standards and regulations
pertaining to air quality and noise emission.
- The design standards for the Use By Special Review,
section 24. 5 ET Seq. , of the Weld County zoning or-
dinance .
— The operation standards for Uses By Special Review,
section 24.5 ET Seq. , of the Weld County zoning or-
dinance.
Timetable for this use is 30 to 50 years . Andesite Rock
Company' s intention is to secure long term volume committment
which may not be in the immediate future. In any event , the
lease options for mining operations would be exercised within
3 years . Plant set-up would then take approximately 60 days
to complete. Operations would normally range from 4 to 10
months per year during daylight hours .
This proposal conforms with the county mineral resource
goals and policies in that :
1. Reasonable and orderly development of the resources
will be accomplished by an established firm with a
history of well managed operations . Since the exca-
vation will proceed as a narrow, long cut amounting
to approximately 10 acres , rather than a traditional
'open-pit' of 30 acres or more, it is felt that the
development of the pit will be controlled and predic-
table. It is felt that this ' slot cut ' approach is
the most reasonable way to excavate and process the
resource.
880825
- 5 -
2. Shipments of material will be accomplished via the
railroad, Except for local county or state projects .
This transportation method minimizes impacts on local
roads and other land uses .
3. The proposed mining use is a dry excavation, precluding
any concerns of managing surface water.
4. the material layer is relatively thin, (8 ft . ) which
allows for orderly reclamation as detailed in the re-
clamation plan. As the reclamation plan notes , the pit
will be filled with the undersize material and topsoil
replaced on a continuous basis . The intent of the pro-
cedure is to return the land to grazing use as quickly
as possible. As this proposal specifically avoids those
areas which could be used as irrigated cropland, it is
felt that no undue adverse effects nn existing or future
development as set forth in the Weld County Comprehensive
Plan will occur. The applicant has specifically avoided
the Lone Tree Creek floodplain, geologic hazards and the
county airport overlay district as outlined in section
50 of the Weld County zoning ordinance. Additionally,
the applicant will implement any reasonable measure that
the county deems -necessary. The decision to try and
locate a long-term sand and gravel operation in this
particular location was very simply a matter of high
quantity, quality, and direct access to a major rail-
road.
880825
- 6 -
Sanctity of Contract
Denver M.Wiggins STEWART TITLE
President OF GREEDY
Cleona M.Nelson (303) 352-4571
Vice President 916 19th Street
Greeley,-Oolorado 80631
Harvey J.Chapman
Vice President-Operations
OMERSHIP REPORT
I.Frai, DESCRIPTION:
-All of Section 35 in Township 11 North, Range 67 West of`tb 6th P. M.
and
All of Section 1 in Township 10 North, Range 57 West of the 6th P. .M. ,
all in the County of Weld, State of Colorado
•
REGARD OMER:
Waranty Deed to JUNE H. LEHR, recorded November 26, 1969 inlBook 618 as Reception
No. 1539690.
DATE OF REPORT:
T-FIIS IS A CERTIFICATE SHOWING THE RECORD OWNER ONLY ' THE ABOVE PRCPERTY AS DETERMINE ) BY
A THORCUCl-I SEARCH OF THE PUBLIC RECORDS OF THE WELD -COUNTY CLERK AND-RECORDER. NO LIEN
SEARCH HAS BEEN DONE. THE LIABILITY OF THIS CC1PANY IS LIMITED TO Tim AMOUNT CHARGED FOR
THIS REPORT.
THE SECURITY ABSTRACT COMPANY OF WELD COUNTY
SEAL
AUTHOR SIGNATURE
880825
.. II
N0V 61969
toot lbeetJe6x ._...JeMett. ..Y__._ AM .-.........._..
618 wmpril.__. �._....._.. _._._._.__trrada•
1 Iilbrs . 1tow
ans.
UIt ant
b
y dhhy prams : that 4tw�___..._..L._..-1_.._ rd ___
Ilath 44_These* .._._.._....._..«._._. .............--.._-- ...-_._.r_..
,- Aber ayaatt_»Cr._R is thy _._.........._.._._....._.._._.'._..»......_...»_44_4_4_.._-_._--
._._.-_44_44-.
f -Cheref___-»lUI! .ad tltslryL.»4444.».rig.I�9f.NAtt.._._.-.___.._.._._._.._.._.._.-Ja tM
'i NcrOacsion af-
Jw tl. tar 4444-._._.-._..
Inhospad,S Say eowa ................»............._.._._.._..._._.._.
•. tad te___.........._......_.
.
Rene 6t sex 7St lonpsnc to the .. .
_._...._._......._._........_......... _._4•4_44__._44_44
char aunt la�.._.._ Colorado
mod w tats ef.._......_.................._....._._._._.cargos 01.4._0 ttbain led peeper h the Crafts 0._- std -_. ......_.._.._._........._.rdJtsa of Cando.
t°' la ibroabie 11 North. cant 67 West of at* 6th If. 14
Section 31t All
a hectic& 33 t AU
a
Ia torarbio 10 North. 1trro 67 Wert of the 6th 3. Li
Section It All •
irntiaa 11t All
of- 3
4.54
o
a
a •
IA
4
w
ills r 1970 to eeseent
Skates sgeste__-rd wneeetW the silk to the setstads&to__».••-.-._.-- •
et tsar t1S4ltlt.4Aait.."......aea Yd. li limia
p4nbL le 19J�rg¢_.fXIIYC_danto i
awder •
s =- '.,,.ter_n� r od..aunwta.ur•b11rW1 m tF.a. —.—.
title on ershotrble or "aria.d!tr�n ..t t'rlt.thN.salts lk•t•--'
_Etch ....—_._der d»__ Ittr trim.---_ --.•-~A 19._46
- la theme d
' ak.../..(1l.t
I ajOnipaiiiiiirtli/t111}'Oft• - • • I
MTh OP moan*, r
county d —_1N_ldr_e Seo��_� rasp&win.
tea M.M.
(P ._.._.Yilbtlr n--YMr rd M ■ .r....
My
• ,rrasirir t� ._._.�
s �.�r
- � •t eat es se sass sr�realtwl L���rq■rAsessl�riefeLa
-M IMP la%IS See.■..seen—M....M.—rw.w•...•.•----' 88OS25►'Ii
I �J
s 165 RBC 0 =0929b 60104 .81 12:09 09.00 1/003
€ 138 WcPY ;NN FEUERSTEIN CLERE c RECORDER WELD CO, CO
AR2109294.
EASE AGREEMENT
THIS LEASE, mace and entered into this 1st day of
• may 1987, by and between JUl'C H. LEHIR, with a mailing
address of 3254 Weld County Road 020 Longmont, Colorado 80501 ,
hereinafter called ' LESSOR, and ANDESITE ROCK COMPANY, a
Colorado Corporation, with a mailing address of 313 South Fillips
Street, Sioux Falls, South Dakota, 57117, hereinafter called
-LESS.".
IcITNESSET❑
1. Grant: Subject to the terms and conditions of the
Contingency Option described in paragraph 2 hereof, the LESSOR,
in consideration of the convenants and agreements hereinafter
contained, has granted, demised, leased, and let and by these
presents does grant, demise, lease and let exclusively unto LESSEE,
its successors and assigns, the following described real property
situate, lying and being in the County of Weld and State of
Colorado (hereinafter called "the Leased Premises" , and further
described in Exhibit "A" attached hereto and incorporated herein
by reference. With the exclusive right and privilege to mine,
extract, store, stockpile, remove and sell all of the sand, gravel,
and by-product materials incident thereto, (hereinafter called "the
Lease:: Substances", in, on or under the Leased Premises, together
• vita the right to remove any and all topsoil or overburden above
the Leased Premises, the right to use so much of the surface of the
Premises as may be necessary or convenient in the construction
of gravel plants, concrete and asphalt batch plants, together with
the right to construct roads, brilges, and ponds, together with the
right Co install, store, and locate equipment of all kiros for any
Jr roue of said purposes, and the right to erect suitable buildings
fur offices, workmen, equipment and repair and storage and the
.anspoi tat ion and shipment of the Leased Substances.
maxamoni usssssssss
AT n. emu es stOlOMrem WM R
,weNT WAS Mp A N ISMS
... on e M I.( ern o.omounnc sr,oa.cna -.
p . ? T.g.. � �raS .c x.' -, a ,p ,e. r>€„ �'O $'•f, .e +s s r .k i ;1- t 4.”.'
ygA 4,44'T,''',4'4?-1. sib ✓ �'fr tx '1” tsc ¢ 44 c C $Tl" _
✓ ,Afi Wn(.;,,,;;;I:111;F gri ,3'a`4 �nm" y e 4$s w YL, ..t -fix i `" - � I
dC' m �?�"'44. 3C"y,4-I+(citla�"1,1 r'�" Po ``,,,#.#„.0'4,,r;`,."'' #%.*"- `c': ' k' :i`;? x -r ?� ] 4t
d - 3, ,', ., It' "°+i . 'd'''4'4:4` M' t, '' k 74440,4447 a a 'I"`�;, ^ .i,4
2 07 l
RYA ,D C�
3}� r t
,tL'wt 1#
as arilv p a
a:t> rui 'o"° p s
.•.1 t
vs•I ii,,''
t.rF he x 14 ;
a
it"
a•sltr k- ' t '
n ra< 'IA
-j rN H•tIC 1
"t eat M 9
Y � e
YeVi
a ` �G� �,� '
r _ _
:4,saq
444:i
��k "i; 'ter rte 3 e
e
2 7 `C abOry ll(1 f ,CyJl ;I15 Ll l:r`-0�IL
< t>„fete me 915 � � - . .. "9ed
_ 0I>
fir...'fi J inC ll. Le - . d L s..r ., f "-L.'". '
r
?$ Nlf ,. n� non• ri n(ri ru r1,,,
4 1
Jas
cs { Statc of Cu forodn
% ' 1
7171 County County of '�',<f+w 1 a I
�4 1.,'� The above t' kE'a4
zg and for instrunfnt t. ,,�_ '•`
ii be Corp me' this '`. '< .F- k.,. I ,:tai " n..,y`cl ,
day oCi
a . bl. f r
i
Pack Company , As IA SIC
4' 74 7
! -
�' � '� •., CITYWIDE .7,4,25:-41'.4. n
,rni pAMt OF-APPLEW000 " "
°
__JI WE3T32.ND AVENUE ; .:""r
` WHEAT RIDGE,CO $0033
gar:
4 S� fi t > N K ic' 4
a a - w @ x"it s-� z'.` y 4 ) 10. * ,xi{ t y ( , ,'.1 1
} } .- v} *- q3{/A �a�rryrr 4 g3p Q§
�. a u p, 1 i� ri x . i' 4�t 9 � a[`x}f t
.
a. �`" r '.'x�F� xsr+� "� .kr'r � e�� ��v rx" zs e r �d ,�+ -ph5.{i
: �' x t C' k .rwz I a'� °w a q.'P " ,..! #�" t }. F,s' f.k xz . 4� F`
,�x s�vv h1`�F x' �.r.+� A' ,u�, z t „ x 3" ,z3 �?-�`. `K1 a%t�`i� +it,. ��.�`..a ��v'�� '�' 4.4)'14
1y. ,„„ .
P x. RY J .D C , t
.
t'i.rag
-e:01,4",,,,,"-4;
,rt
rT
Sq. J.Lt ;.t
pr • •:sl"i • ••• I
Y,f4 ,
rw
>.x. )If J West `
`t., / R.m'1 F
M. t ' ,
atc 's,7a., .
.ght o .�, i .
F.,.: )ser roar t x,: t 5'
f %r r
rx-=;'.. be
' =rA1c. a'�."
Ca,
. )O WCSL
z
7 ` -. �.n , y
.may ry
_.uding .Fa
f :I 3 i1!.1 a� Dr _l. _ w,.. ... ( ��� .., YL) 1) 'i t
i.r F
t 1
- l z,,t J MA " rir,eC _ .. _,.,.act , ..,,.eI ado. 3
x
+ ,� ..,.i 6J LE`.,is .
I:
*T� tc` a
4����rt'f
i
t Jvt
4k.
d > 1�
A iw1 4-11. J-4 I:7;7,4,
BryV
R
g -r .
e
ki
1z. o a x+H
The undersigned does hereby grant Andesite Rock Company
full permission and authority to apply for a Use by Special
Review Mining permit on the following land parcel :
Section 35, T11N, R67W
Section 1 , T10N, R67W
/ „14.4z (, W %/IA/ 1��e/0
Landowner Date
-0-CA- 4,4_,,___ ,fug/O /*Foy
Witness Date
880825
Sanctity of Contract
Denver M.Wiggins STEWART TITLE
-President OF GREELEV
Cleona M.Nelson (303)352571
Vice President 916 1Ath Street
Greeley,Colorado 80631
Harvey J.Chapman
Vice President-Operations
OWNERSHIP-REPORT
LEGAL-DESCRIPTION:
The West Half (W1/2) of Section 26 in Township 11 , Range b7 West of the 6th P. M. ,
-in the County of Weld, State of Colorado
•
RECORD OWNER:
Warranty Deed to LLOYD E. THOMAS & MARJORIE J. THOMAS, in Joint Tenancy, recorded
May 21 , 1968 in Book 595 as Reception No. 1516690.
LWVE OF REPORT:
THIS SS A ee;RTIFSCATE SHOWING 'THE RECORD OMER ONLY OF THE ABOVE PROPERTY -AS DETERMINED -BY
A THOROUGH SEARCH OF THE PUBLIC RECORDS OF 'I+HE WELD COUNTY _CLIME AND RECORDER. NO LILTS
SEARCH -HAS BEEN DONE. THE LIABILITY OF THIS CCM'ANY IS LIMITED TO THE AMOUNT CHARGED FOR
THIS REPORT.
THE S
ECURITY ABSTRACT COMPANY OF WELT) CONTYSEAL —' G E � '
0c'
AUflCR' f IZZED C C3VkTTURE
880825
i e :+•
aoaa 595 t • , •,.. .
,--- 211969
WARRANTY DEED - COR�$A Od — .
a,a._ 1!5'umin . to res—.wry,. .;
I-0l national He•kl•[
--:.-.:3:t1A ...... ..... N`' R.A.V.1.?,.. ... A94.._.._—...._,ah`c +ro-tloo
I RORENIRESME00011000800000IMENPOODIKIMMEICIMMINIONOMIENNIMEINNMEler led In-m
maths d..4lttilr-jpyfl end vpluable conatderttloe end Tea
o' - -- Ddln M deed paW,does harcby set a•d twovey to i
not as tenants to common,
,
O LLOYD S. THOMAStone y,
AND NARJORf t J. TNOMAB, real proPRty
o but in Joln<toneucy, therrurvI or of them�d Stale of following•o of the County of..r_uar_.c-c.:.:Ylelflr.:_.:.:.:r.:.:<3
in - --}FeJd.......__....._........._....___.....sud Slate of Colorado,
�i to-w4: 0�1�j
"1 The Weat Half (W�)_f Section/Sxiy sod the
a North Half (N7,) of 8ectloa'PWenty-eight(28),
'° In Township Eleven (11) North. of Range a �,
#� Sixty-..von (67)West, of the-ath P.N., together g ,i
M1� with Four (4)feet of water, eaapproprlated from ■ kt
Lone Tree Creek,-43
3 \I
r'kl
I .
t
9
O
In
N
with all its appurtenances,and warrants the title to the male,subject to reservations, rightsoat may,
sod conditions, If any,mow of record.
1• -I
L
IN WITNESS WHEREOF said corporation-besraused its corporatefixed, and attested by r'tts o • ,
_. by pa President,and ltsrorporate sale to be hereunto affixed,
2mh-----..day of ------- Mn........'---' _....__..__A.D. 19.8.2... i
--_S-144I, TIIE-FARMERS NATIONAL RANK OF •
/or/. f ..AAILT..fAILIRADD •
2 • i
Namel .m •
n t
�''S".'.1_:'..' Cashier - dt tJ i
0
STATE OF COLORADO l u. .
- _COUNTY OF WELD J "'
before me this____-_--__-_2,pty_•r•••.-.........day of ,•_,
The forgoing instrument was acknowledged
_ as N
—. .......A.D. 19..H8.,by_..3tlbA L._Yffttgaatl _ Cashier d a
'-
t1a -as
P3 • tt Prtmaraindlafal.Baot.ut.Aatt...Cn arada ___.._.tea
an and diktat seal. a r <� f.l
� •
Neer Tali
'-�sot• . !en
!.I•iz�� 0+yv880825
The undersigned does herby grant Andesite Rock Company
full permission and authority to apply for a Use by Special
Review Mining permit on the following land parcel. :
W1/2 Section 2-6, 111, R67W
Kr��� t-d
Landowner Date
0 Witness Date
TnY
ut::' i:. :is. l ; . . L CU 334 3t+Jt, L. G. i1 GRiS1 :it) 0 01
' :tit:t Mt tiT
THIS LEASE, . made ma+.ie and ent:ured into this 1st da 'of hay.__. ._
by and between LLOYD h , THOMAS and I'`IRjt,)IZIE ,7 . T,v)MAS , with r
flai i lrly address Of
C. a , eolol•ado 801, 12 , ilereino t.er r:.:► 1led
:and A:JUk::;ITE ROCK Co1`ti',1'1':' . ,► Colorado corporation , wt t:ia a mailing
address of 113 South i'1► ► 1 1 ilr ; Street. , :; ioux I'ili is; , ;;onth Dakota
37117 , here inaft '
�I• called "LESSEE" .
WiTNESS1:'I;l1
1 . Grant. : ;:;till ieet.. to Lhe terms and
conditions of the Corat:.inelency
Opt_ i ,.,ra described an putwj1:aph 2 hereof , the LE!:::slit, in consideration
of the CorlVenant£; and agreements.1 hereinafter contained, has CJI"cifli:i:d,
demise , Leased, and let: and by these presents doe ; t{rant , demise. lease ,
and let. exclusively �•,,
unto LESSEE,E, its suc1'a::SOYs and assigns, the follow-
i r3 y described [e41 property situate , lying and I;einq in the Count;: of
Weld ;And Stat.r:! on Colorado (hereinafter t:er called " t.114 Leased Premises"
and :further described in Exhibit " • •• Premises") ,
t1 attached hereto and incorporated
herein by reference. With the exclusive right :Ind Priviicue to mine ,
extract , store, stockpile, i'enmoc., •,
and soil
all of t:lic: S.;..rlltl, •I i'a1,•t'1 l , and
by product materials incident thereto.
lh,,, rc. irltift.c•1' called "the Leased
Sula:.,t.ataces" 3 , in, can oi under
the Leased l'r'emi :;es, together with the
right to remove any and all topsoil ai' overburdon above the Leased
Premises , the right to use so much of the :aui• fat.,, of the Leased
Premises as may bo necessary or convenient in the construction of 9ravel
plants , concrete and asphalt: batch plants, together -with the. right to
construct roads , britivi.:•:.; , and ponds , together with the right to install ,
stoxe, and locate equip,►rent of all kinds for any more of said purposes ,
and the ri.yht: t.o. er'ect suitable buildings fear offices, workmen, equip-
ment and repair ,ind storage and the tL'ansp''lrLatten and shipment of the
Leased ased Substance .
880525
� ,. . tai (it: 334 36Ek L. G. EVERIST Z 02
th) LESSEE' S mining operation shall be conducted with the
end in mind of leaving the premises at the termination of the lease
in ;an attractive condition . So this end, it is agreed that the
banks of the gravel pit shall be sloped , and that the topsoil
�; re-
moved from that portion of the demised premises shall be returned
or replaced to the slopes of the gravel pit at the conclusion of
mining o _!;_.
Aeration. It is realized by the parties that the
of the "r S F ie.s reclamation
"gravel pit" may be subj
ect ect
to the rules and regulations of
the State of Colorado or the United a� of ,
5t.tatc.., America. Any require-
ments imposed by either of such authorities or any agency thereof
53Ya11. control to the a extent, same may be inconsistent with the
provisions of this paragraph.
IN WITNESS tilttEru::o:-
the parties hereto have executed this lease on the date and year f i-;s t: above written
LESSOR:
� ').-•. !�„ ,..-' . 77*.t ror'"-•:'i -rte✓'
L'r d. Thomas
ANDES I s E -t?CK C O PA:;•,
, .../ . Z..':,--/.Jilt 4,Nat jal le J Thomas _......_- .� / s..;o+.�L �r s` a'--,:r- 1' r
State of Colorado' )
1
County of_...... 2 ' i.. ____)
The above and foregoing inst;x1uplent was acknowledged
before me this
/,O./ day
Lloyd E. Thomas , as LESS-C?R. '`
+i`
Witness my hand and of-ficiaa seal
My commission expr. r^es f
I 11
/A: ...7T r. ee f , Vii.;1,.,s �'' `�
Notitry Public
.r. —.xaFs::_.. _.—
State of Colorado
•
County G:i (r 1r..
The above and foregoing i.nstr tii )rlt war> ackrlo:,�.
before me this ler: :by
,q day o
Marjorie J. Thomas , as LESSOR. C( - ...__ , 19S7 b}
Witness my hand and offi > ' . seal
qty commission expires Y C�mmissy�a1n ram!rem
_ -•F ir• 1e, 1 9W / --^.o
�� J `- .
'Notary Pu .1. •..c
t I 5 ! ;• [..r.{..• e- -"14--'---)
.�''l;e-e..., .•7 • 1.......1' [' ,. Er 4 <:�
880825
11 oIJ. I":, l'.. _.. 2 •.:`_.j C:4 ;;L.:C. _. C. EA ERI..11 Z 03
State of Colorado )
County of17
' ' x ' )
1'ht ab-ove and forgoing instrument was acknowledged
be/f/QLe me th i 5 /z ''t��day of (,, ,.,.,,r,, _.._ , 1987 by
..",,i.---4•"'Ir:',,a �' ,< --...[..L,'-L1,-;./Z... Ma S '" (-1,1:.., ,./.77e..5 o`'
Andesite to Rock Company . As LESSEE .
Witness my hand and official seal
My commission expires . (),, 4 p, /.?,(..j ,
4E
/CITYWIDE �.. ) `,, 7 ' , I ) •
;if '1.‘:.„,
"'
RAW-OF APPLEWOOD Pi 0 T P Y PHIAL
1::ai f WEST 32ND AVENUE r
WHEAT RIDGE,CO BOOM
88,0825
c6 LJ 9L'J 334 363 u. G. EVERIS'. 04
,
EXHIBIT "A"
LEGAL DESCRIPTION
All of the -West ,'t of Sectipdt 26 township I I North ,, I Range
67 West of the 6th PM containinJ 320 acres more or less .
880823
Wright Water-Engineers, Inc.
DENVER OFFICE TULSA OFFICE GLENWOOD SPRINGS OFFICE
2490 West 26th Ave.,Suite-55 A 201 West 5th St.,Suite-130 818 Colorado Avenue
Denver,Colorado-80211 Tulsa,Oklahoma 74103 P.O.Box 219
(303) 480-1700 (918) 584-7136 Glenwood Springs,Colorado 81602
(303) 945-7755
Denver Direct Line: 893-1608
June 14, 1988
EXHIBIT P
Mr. R.A. Everist, Jr.
L.G. Everist, Inc.
3955 Youngfield
Golden, Colorado 80401
RE: Water Resources Evaluation for the Proposed Gravel Pit
_Near Carr, Colorado
Dear Rick:
As you requested, this letter report summarizes our recent evaluation of
the water r-q lirUliients including sources of required replacement water for
the proposed gravel pit near Carr, Colorado. This report is an updated
version of our _report to L.G. Everist, Inc. dated April 6, 1988. This
report includes revised estimates of water demand for the mine based on
additional analyses by WWE and recent information provided by you regarding
the likely mine operation.
Our study includes the following:
o Estimates of -water requirements for the proposed -nine.
o Summary of She characteristics and historic consumptive use of the
Lone Tree Poultry water right which can be used to replace
depletions from the mine.
o Outline of the recommended water system and temporary substitute
supply plan for the mine.
Our report of April 6, 1988 -to you includes further discussion of the
proposed operation, regional hydrology, and water rights considerations in
the Upper Lone Tree Creek basin as related to the -nine. The current report
finalizes our evaluation and recommendations -for the project.
In addition to a field inspection of the proposed mine site on April 4,
1988, we h-ave relied upon interviews with th-e following individuals
particularly knowledgeable on water resources and water rights in the
project area for our evaluation:
o Mr. Robert Samples, District One (Division One) Water Commissioner
880825
Mr. R.A. Everist
May 18, 1988
Page 2
o Mr. Ward Fischer, water attorney with the law firm of Fischer,
Brown, Huddleson and Gunn in Ft. Collins, Colorado.
o Mn Lloyd Thomas, long-time resident of Carr and owner of the Lone
Tree Poultry water right.
o Other individuals with the Slate Engineer's Office, Division One.
WATER REQUIREMENTS FOR PROPOSED MINE
Estimated water demands for the proposed mine are summarized in Table 1.
The demands in Table 1 are more refined estimates than those in our
original report and reflect the most current information available on
likely mine operations, and other information obtained by WWE on water
losses associated with gravel mines. Specifically, water demands for the
proposed mine were refined to reflect: 1) no use of water for irrigation
(dry-land irrigation is possible at the mine site) , 2) specific estimates
of water required for dust control, 3) use of 2.5 feet versus 3.0 feet for
annual net evaporative loss from the ponds, (2.5 feet of net loss is
consistent with our calculations and figures recently accepted by the State
Engineer for similar operations in the area), and 4) use of 2 percent water
loss to aggregate rather than the previously used 5 percent loss rate
because the gravel is quite coarse.
As Table 1 shows, the proposed mine will have a water demand of
approximately 5 acre-feet per day. Nearly all of this demand is for the
wash plant and will be met through a recycling system with the two proposed
ponds. Each pond will have a capacity of approximately 10 acre-feet for a
total system capacity of 20 acre-feet. With the total average daily demand
of approximately 5 acre-feet, only one pond will be required at any time.
Table 1 indicates that the annual consumptive use for the mine will be
approximately 16 acre-feet. Water losses are associated with pond
evaporation, aggregate removal, and dust control. To be conservative, it
was assumed that 100 percent of the annual net evaporation from the ponds
(2.5 acre feet per year) will have to be replaced, even though the mine is
planned to be in operation approximately 120 days a year.
REPLACEMENT WATER FOR PROPOSED MINE
Several sources of replacement water were investigated for possible use to
replace depletions from the mine. One of these sources, the Lone Tree
Poultry water right, was specifically evaluated for this purpose. The
characteristics and historic consumptive use of this water right are
discussed in the following.
880825
TABLE 1
SUMMARY OF WATER REQU-IRFIMENTS
FOR CARR GRAVEL TIT
Water Demands
Estimated Average
Daily Demand
Acre-
Use feet/Day cfs2
Wash plant 34 5.1 6.2
Reclamation 0 0
Dust control 0.04 0.05
Total 5.14 6.25
Consumptive Use Requirements
Use Annual C.U. (AF)
Pond evaporation -5
Aggregate r4emoval 7
Reclamation 0
Dust control 4
Total 16
Estimated average daily C.U. = 0.13 cfs (10-hour day)
1For an operation with the following characteristics:
o 500,000 tons/year aggregate removal
o 2,500-3,000 gpm wash plant water demand
o Dry land reclamation
o Use of two ponds (800'x50') with a total surface area of roughly 1.84
acres for the -wash plant system and sediment control
o 12,000 gallons per day far dust control
2Based on 120-day work year with 10-hour/day.
3Based on 2,750 gpm average daily demand. Demand met through recycling
system with ponds.
4Dry land reclamation is feasible and will be used at the project site.
880825
Mr. R.A. Everist
May 18, 1988
Page 4
Summary of Characteristics of Lone Tree Poultry Water Right
The Lone Tree Poultry right is summarized as follows:
Source Lone Tree Creek
Lone Tree Poultry right amount (cfs) 0.39
Appropriation Date 1/1/_1907
Adjudication Date 1/15/1914
Basin Rank 1792
Use Irrigation
The Lone Tree Poultry right is a moderately senior right in the upper Lone
Tree Creek basin-. The right is senior to both Giffin Reservoir rights
(appropriation dates 1948 and 1965) and the Lone Tree Creek right
(appropriation date 1917) , both of which are of concern to the proposed
gravel operation. As discussed in our April 6, 1988 report for L.G.
Everist, Inc., senior -calls from below the Giffin Reservoirs are considered
as "futile calls" by the State Engineer and are not administered in the
upper basin due to the dry reach of the creek below the reservoirs. The
Giffin Reservoir rights and Lone Tree Creek right are the only rights
between the dry reach of the creek and the proposed mine. (Figure 1)
The Lone Tree Poultry right is junior to many water rights in lower Lone
Tree Creek and the South Platte River which could, at least in theory, call
out the Poultry right, especially during wet flow years when there is flow
in _Lone Tree Creek below the Giffin Reservoirs. However, Lloyd Thomas,
owner of the Poultry right, stated that the right has never been curtailed
in whole or in part by the water commissioner due to a downstream -senior
call. This was confirmed with Robert Samples, Water Commissioner for Lone
Tree Creek.
Historic Consumptive Use and Di-versions of Poultry Right
The Lone Tree Poultry right diverts near the northern boundary of the
proposed mine site. The right has historically been used to irrigate an
average of 15 acres in section 26 to the south of Lone Tree Creek. The
point of diversion and location of land historically irrigated with the
right are shown in -Figure 1.
According to Lloyd Thomas, owner of the Poultry right, the Poultry right
has been used -to irrigate alfalfa, corn and feed grains during most of the
years between 1907 to the present (we have not reviewed aerial photographs
to confirm the assertion) . There are typically two alfalfa cuttings each
year on a rotation system. Water is diverted through a headgate to a small
pumping pond from which it is pumped to a sprinkler system for irrigation.
The right typically is used from June through August of each year.
88082,5
Mr. R.A. Everist
May 18, 1988
Page 5
The right has not been used for the past several years due to The diversion
dam being washed out by high flows. This has occurred on occasion in The
past.
According to Lloyd Thomas, the Poultry right has historically been used to
irrigate approximately 15 acres. This is consistent with the general rule
of 1 cfs per 40 acres in the South Platte Basin. Based on this rule, the
0.39 cfs decreed flow of the Poultry right would be adequate for 16 acres.
Based on 15 acres irrigated by the Poultry right, the historic consumptive
use of the right is estimated as 22 and 24 acre-feet per year for average
and dry years, respectively (modified Blaney-Criddle Method TR-21 using
climatic data from Ft. Collins weather station) .
Analysis of Use of Poultry Right for the _Proposed Mine
The Lone Tree Poultry right could be used to replace depletions from the
proposed mine. The estimated consumptive use of the proposed mine is 16
acre-feet per year; the historic consumptive use of the Lone Tree Poultry
right is estimated as 22 to 24 acre-feet per year. The historic point of
diversion of the Poultry right is located near the northern boundary of the
proposed mine (Figure 1). The proposed point of diversion of this right
for use at the gravel pit would be approximately 2000 feet downstream of
the historic diversion point. Moving the point of diversion in such a
manner will have no effect on other water rights or flows in the Lone Tree
Creek basin as there are no intervening water rights between the historic
and proposed diversion points. The nearest water right -to the Poultry
right is the Lone Tree water right for 0.11 cfs located approximately 3.3
miles downstream.
The land historically irrigated by the Poultry right is included in the
proposed mine area ( Figure 1 ) . Use of the Poultry right to replace
depletions will not cause injury to other users or affect flows in the
Upper Lone Tree Creek basin. The Poultry right is senior to the Giffin
Reservoir rights which are the controlling water rights in the upper basin.
PLAN OF AUGMENTATION FOR PROPOSED MINE
Water for the proposed gravel pit near Carr, Colorado will be obtained from
Lone Tree Creek. Water will be diverted in-priority under a new junior
water right to fill and then maintain the water level of two storage ponds
on the mine site. The junior water right will be for both diversion and
storage for dust control, a wash plant, and other uses as needed on the
proposed mine site.
The two ponds on the mine site will have a total capacity of approximately
20 acre-feet, and will be used to obtain water supply for a recycling
system for the wash plant and dust control on the project site. All return
flows from the wash plant will be directed towards the two ponds. The
ponds will be clay-lined to prevent seepage and may be used simultaneously
or one at a time.
8%825
k n 1965 rya
%it
II
II
VJ
II 091'S� U _'' W^ Q W d
[ 5Y, • - > L!n r z
•
o
% 0— —I
ui
oe 5,' 4 z O W LU w
�F, O W °-
I ? rel i �' � ZH w
• - rl OQ = w
cz
c.� z t— c?
_ , `--DOSS is.
OIL LL
co
rc ez z w U > H E
o u I 044
m r J
*' ocss
ILI ,PM- - t zoSr
w
KLi;
_ .. 1, I --U.A7 c; .�
SI liP 4;1 �� 9r
/I— a
a , cogs
w ct _ y
- _ _ —
zcvs J 3
x
- ?cH
-_.m cross we -
III II / <6 7I o
I ° • ow > ILA -I I
•
QQ-1
—1 ° �d a____ a£ UO
DI F
�o C-\\NI -� �W wi
5. ,
"1� u"'1;1� oa _ xevss we
��‘ � _. p W
0
8 p
as 8 0
�I I may. 1 5 . % o- .� ` 4
p
A i W y
B
III - �$ Q�aa10 -. P• • - 1dCD
-, \ - X0.1` •
1 J _
�, , X49
°1 x - c it % -u- � .
fii :0�il CD - J 1 II
�� � ill.
Mr. R.A. Everist
May 18, 1988
Page 7
The estimated annual consumptive use of the mine is 16 acre-feet. During
times of a senior call, out-of-priority diversions under the new junior
right will be replaced as necessary by foregoing diversions under the Lone
Tree Poultry right up to the estimated historic consumptive use of 24
acre-feet for this right. The total daily depletion for Lone Tree Creek
from the mine is the sum of water lost to dust control, pond evaporation,
and aggregate removal. The daily depletion can be estimated based on the
following formula:
Daily depletion (AF/day) =
Gallons used for + Average daily net + Tons of aggregate removed
dust control evaporation for the times a factor of 0.000015
325,900 month (AF)
Land historically irrigated with the Poultry right will not receive any
supply from diversions under the Poultry right. This land is located
within the mine property and will be mined according to the mine plan for
the gravel pit.
It is anticipated that senior calls on the new junior right will primarily
be from the Giffin Reservoir rights. The water rights for Giffin Reservoir
are the controlling rights in the Upper Lone Tree basin; the only other
intervening right between the Giffin Reservoir rights and the proposed mine
is the Lone Tree Creek right for 0.11 cfs and will likely be satisfied by
seepage and return -flows in the creek. This is consistent with the historic
and likely future administration of water rights in the Upper Lone Tree
Creek basin. The Lone Tree Poultry right is senior to both the Giffin
Reservoir rights and 0.11 cfs Lone Tree Creek right. Flow monitoring
equipment will be installed as required and all diversions recorded as
required.
It is suggested that you have this letter report reviewed by your water
attorney. We have appreciated the opportunity to be of service to you.
Please _call should you have any questions or require additional
information.
Very truly yours,
WRIGHT WATER ENGIAEERS, INC.
By
9 ,-‘414)/16\y
a ti ehan
Water Rel ources Ana s
Jonath$h E. Jones, P.E.
Vice Pfesident
DBM/JE J:klr
(1_.53)
881-025.010
880825
Sen ethy e/ C u n a
Denver M.Wiggins STEWART TITTLE
President (303) th-Str 352-4571
OF-GREELEY 916 1-0th-Street
Cleona M.Nelson Greeley,Colorado 80631
Executive Vice President
June 13, 1988
Mr. Rick Everist
L. G. Everist, Inc.
3955 Youngfield
Golden, Co. -80401
Dear Mr. Everist:
When Stewart Title of Greeley prepares a Memorandum _of Title on
Minerals, our office does not consid-er sand and gravel as being
sub surface minerals, unless specifically included in the
recorded instruments.
STEWART/WA,� e
TITLE OF -GREELEY 17i1 797 Leona M. Nelson, V. P s.
880825
J
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property CJQ,E C.CVE-L ze oucr
STAT-E OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names,
addresses and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the property subject to the application. This list
was compiled from the records of the Weld County _Assessor, or an ownership
update from a title or abstract -company or attorney, derived from such
records, or from the records of the Weld County Clerk and Recorder. THe list
compiled from the records of the Weld County Assessor sha have been
assembled within thirty (30) days of the applic mission da
The foregoing instrument was subscribed' and sworn to before me this \j
day of (7977-7 , 19/75,
WITNESS my hand and official seal.
My Commission expires: f/401
-221 -7/1.,cr-L -
Not ry Public
880825
1. 0,7.,00986 0,7,a3tD1+1.ttD0otDt=, Lehr. June
3-254 Weld County Road #20
Longmont. CO 80501
2. 0301tD86 0z030atetat O02 Grams, Beatrice &
Winfield. Margaret &
Re-inheinjer, Charles Russel 1.
26158 Header .on Drive
Cheyenne, WY 82001
030138E, 0303020►D0005 Morrison. James & Bernice
Carr. CO 8►1612
4. 0071686 0201270it2t0001 Van Loo, Dale
P. C. Fox 416
Eldorado Springs, CO 80025
5. 0069486 0'201'2'7001001 Moore, Harry N. & -Helen R.
P. O. Box es
Carr, CO -8O612
6. 0094186 0203,31i2stZ►0003 Terry Land & Livestock, Inc.
Warren Livestock Company
1814 Warren Avenue
Cheyenne, WY 82001
7. 62030312000007 Farmers Home Administration
4302 West 9th Street Road
Greeley, CO 80631
t3. 0069086' 0-2z12E+1►OtDtm1 Thomas. Lloyd E. & Marjorie J.
Carr, CO 80612
9. 0069186 020126000002 Lazy D Grazing Assoc.
A. R. DePorter, Secretary
Carr, CO 80612
10. 00693Bb 0'c'O 1 2 700000 1 Union Pacific Rail-roaci
P. 0. Sox 2500
Broomfield, CO 800'20
11. 008548E O20134000005 Drechsler, Doriseta
415 Iowa Avenue
Holton, KS 66436
12. 0085886 020136000001 State of Colorado
13. 0292986 030 106000002 Engler, Marylou
Smith, Kenneth M.
5273 Arroyo Court QQii�7s
Santa Maria, CA 93455 Qr� ^.f
14. 0' 93c86 0301060000017 DePorter, Arvid R. & Carol L.
14033 Weld County Road 138
Nunn, CO 9064E
13. 0e93186 030106000001E Deoorter, Arvid R. & Carol L.
14053 Weld County Road 108
Nunn, CO 80648
16. 0e93386 030107-000004 Federal Land Rank of W i t ch i t a
1c7 - eend Street
Greeley, CO 80631
17. 6c030312000009 Robert Hill
c/o intrawest Sank of Greeley,
Trustee
P. O. Box 1058
Greeley, CO 801;331
•
HI
880825
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
•
Application No.
Subject Property See Attached Exhibit "A"
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 leases 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_.
Subsequent to March 21, 198$ at 7:45 o'clock A.M.
SECURITY ABSTRACT y COMPANY OF WELD COUNTY
Denver M. Wiggins'
The foregoing instrument was subscribed and sworn to before me this 5th
day of April 19 88 .
WITNESS my hand and official seal.
My Commission expires: December 19, 1990
rh-;,--„,, --7q,„2„)
Notary Public
880525
1. W1 26-11-67
JUNE H. LEHR 15 minerals
ADDRESS: R.R. 20 Longmont, Colorado 80501
Oil and Gas Lease recorded June 20, 1984, Reception No. 1971137
Lessor: June H. Lehr.
Lessee: Wiepking-Fullerton Exploration, Inc.
Address: Inverness Dr. E. Bldg. A, Ste. B, Englewood, Co. 80112
Term: 5 years Dated 6-15-84
LLOYD E. THOMAS and MARJORIE J. THOMAS minerals
ADDRESS: Carr, Colorado 80612
Oil and Gas Lease dated June 1-5, 1984; recorded June 20, 1984, Reception
No. 1971136
Lessor: Lloyd E. Thomas and Marjorie J. Thomas
Lessee: Wiepking-Fullerton Exploration, Inc.
Address: Inverness Dr. E. Bldg. A, Ste. B, Englewood, Co. 80112
2. All 35-11-67
CHAMPLIN PETROLEUM COMPANY - all minerals
Oil andGas Lease dated July 26, 1976; recorded October 25,1976,
Reception No. 1702034.
Lessor: Champlin Petroleum Company
Lessee: Amoco Production Company
Address: Security Life Building, Denver, Co. 80202
Term: 5 years
(Note: Covers W1, SEA, except 34.88 acres of UPRR Co. Right of Way)
3. All 1-10-67
RICHARD M. ALT 11 minerals
ADDRESS: Bunker Hill Road, Tamworth, New Hampshire 03886
Oil and Gas Lease dated April 9, 1980; recorded May 21, 198D Reception
No. 1825423.
Lessor: Richard M. Alt
Lessee: Van K. Bullock
Address: 1410 Security Life Building, Denver, Co. 89202
Term 5 years
AMY F. McELROY 11 minerals
ADDRESS: 5954 Raymond Way, Sacramento, Ca. 95820
Oil andGas Lease dated November 13, 1979; recorded April 9, 1980
Reception No. 1821763.
Lessors: Harry A. McElroy andAmy F. McElroy
Lessee: Van K. Bullock
Address: 1410 Security Life Building, Denver, Co. 80202
Term 5 years
4. Lease Agreement (sand and gravel) dated May 1, 1987 and recorded
August 4, 1987, Reception No. 2109296.
LESSOR: June H. Lehr
Address: 3254 Weld County Road #20, Longmont, Co. -80501
LESSEE: Andesite Rock Company
Address: 313 South Pillips Street, Sioux Falls, South Dakota, 57117
All the above 'mineral and/or Subsurface Owners documents
refer to Oil and Mineral Rights (including oil , gas ,
hydrocarbons and coal) and Uranium, Vanadium and other
fissionable source materials and with no specific inclusion
of sand and gravel resources .
esesz5
EXHIBIT "A"
LEGAL DESCRIPTION
All of Section 35 , Township 11 North of Range 67 West
of the 6th P.M. containing 640 acres , more or less ;
subject Co rights of way for public roads and also
subject o reservations by The Union Pacific Railroad
Company, for railroad right of way and for oil and
minerals]
All of Section $1 in Township 10 North, Range 67 West
of the 611 P.M. containing 640 acres , more or less ;
subject to right of way for public roads and excluding
20 acresFmore or less; within S .E. 1 of Section # 1 ,
(SEE ATTACHED MAP) , leased by Weld County , Colorado.
(SEE ATr4CHED LEASE)
I
I
I
i
r
EXHIBIT "A"
LEGAL DESCRIPTION
All ' of the •West i of Sectioin 26 Township 11 North of Range
67 West of the 6th PM containing 320 acres more or less .
•
JCCJ
Hello