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CHALLENGER - WET, OPEN-CUT SAND AND GRAVEL OPERATION 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 15th day of May, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Albert S . and Celia L. Challenger, P.O. Box 448 , Evergreen, Colorado 80439 , for a Use by Special Review for a wet, open-cut sand and gravel operation on the following described real estate, to-wit: part of the Nigh and part of the NEQ SW4, Section 29 , Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Sections 24 .7 , 44 . 1 , 44 .2 and 44 . 3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction -Plan, Mineral Resources, Volume II. 1'he Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan I,C;583 850393 Page 2 RE: USR - CHALLENGER states that extraction shall be encouraged in resource conservationareas , as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan -policies which allow uses of an industrial nature to occur where the resources are available (i.e. , sand and gravel operations as noted on _pages 62 - -63 of the Comprehensive Plan) . b. The proposal is consistent with the intent of the Agricultural Zone District in that the _proposeduse does not interfere with other agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district. c. The activities proposed will be -compatible with existing agricultural and rural residential uses in the neighborhood, as well -as with projected development in the future. d. The Johnstown Planning Commission has reviewed this proposal and has found it to be in compliance with its Comprehensive Plan. e. The subject site is in a Flood -Hazard Overlay District area. Operation Standards address this concern. f. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. NOW, THE32EFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a wet, open-cut sand and gravel operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . -The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. Page 3 RE: USR - CHALLENGER 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services Office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . The owner and/or operator shall be required to obtain all applicable building or electrical permits for USR-672 : 85 : 11. 4 . The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 5 . Prior to recording the final Use by Special Review plat, the owner and/or operator shall submit evidence of compliance with Section 44 . 4 . 10 , Insurance , to the Department of Planning Services. 6 . Prior to recording the final Use by Special Review plat, the owner and/Dr operator shall offer and agree to an acceptable program of road maintenance with the Weld County Commissioners. The agreement shall mitigate impacts generated on Weld County Road 54 by the gravel mining operation' s truck traffic. 7 . A note shall be placed on the Use by Special Review plat prior to recording to comply with Operation Standards 14 , 15 and 16 . Page 4 RE: USR - CHALLENGER The above and foregoing Resolution was, on motion duly made and secon-ded, adopted by the following vote on the 15th day of May, A.D. , 1985 . • BOARD OF COUNTY COMMISSIONERS ATTEST 710 WA&.n±&AtitaAar / WELD COUNTY, COLORADO Weld County Clerk and Recorder _ . 9.- and Clerk to the Board J.rqu-�, ne John n, O irman ABSTAINED C n7� (a . Gene R. Brantner, Pro-Tem D puty County C erk / 1V APPROVED A TO FORM: C.W. Kirby CI C EXCUSED Gor E. La County Attorney //// Frank Yama chi OPERATION STANDARDS Challenger Gravel Pit #1 USR-672 :85 : 11 1 . The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to the issuance of building permits the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department - Division of Waste Management, the Weld County Emergency :Response Coordinator, and the Johnstown Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. All trucks directly involved with extraction of sand and gravel shall ingress and egress onto Weld County Road 54 as shown on the submitted Use by Special Review plat unless coordinated with the adjacent land owners. The haul route shall be primarily from the point of ingress and egress west to I-25. 4 . The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 54 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Use by Special Review area and continue to compy with the terms of the agreement until final cessation of the mining activities. 5 . The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137 . Prior to extraction of sand and gravel, a copy of the well permit application shall be forwarded to the Department of Planning Services. 6 . The owner and/or operator shall obtain a N.P.D.E.S . Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the Big Thompson River. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 7 . All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of the Big Thompson River which would obstruct passage of flood flows; and B. All fuel tanks , septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 8 . The open-cut gravel operation shall comply with Section 44 .4, Operation Policies. 9 . The owner and/or operator shall comply with the design standards for the Use by Special Review, Section 24 . 5 et seq. , of the Weld County Zoning Ordinance. 10 . The owner and/or operator shall comply with Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 11 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 12 . The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the Plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 14 . No excavation or processing of sand and gravel shall be permitted nearer than 200 feet to the end of the right-of-way from Weld County Road 54 or 100 feet to the end of the right-of-way from Weld County Road 151. 15 . No excavation or processing of sand and gravel shall be permitted nearer than 200 feet to Union Pacific' s or Great Western ' s Railroad track unless otherwise agreed to by the affected property owners . 16 . No excavation or processing of sand and gravel shall be permitted nearer than 200 feet to the Hill and Brush Ditch unless otherwise agreed to by the representatives of the Hill and Brush Ditch. -HEARING CERTIFICATION DOCKET NO. 85-22 RE: USE BY SPECIAL REVIEW FOR A WET, OPEN-CUT SAND AND GRAVEL OPERATION - ALBERT AND CELIA CHALLENGER A public hearing was conducted on May 15, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem, Arrived late Commissioner C.W. Kirby Commissioner Gordon E. Lacy, Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated April 29, 1985, and duly published May 2, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the -application of Albert and Celia Challenger for a Use by Special Review for a wet, open-cut sand and gravel operation. Chairman Johnson noted that only three Commissioners were present, although Commissioner Brantner was expected to arrive soon. The applicant's representative indicated that he wished to proceed with the hearing today rather than ask that it be continued. Assistant County Attorney Lee Morrison read this request into the record and noted that the applicant is Albert and Celia Challenger, rather than Challenger Gravel Pit #1 as indicated on the published notice. Rod Allison, the Planning Department representative, read the favorable recommendation of the Planning Commission into the record. He stated that the Planning Commission had recommended 13 Operation Standards and the Planning staff wishes to recommend several additional Operation Standards. Mr. Allison then presented the recommendation of the Planning staff: that the word "applicant" in Conditions and Operation Standards be replaced by "owner and/or operator"; that Conditions 5 and 6 read "Prior to recording the final Use by Special Review Plat" rather than "Prior to the Board of County Commissioners' hearing"; a change to Operation Standard #3; and the addition of Operation Standards #14, 15 and 16 and Condition #7, reading the full text of these proposals into the record. (Let the record reflect that Commissioner Brantner is now present.) Gilbert Rindahl came forward to represent the applicant and asked for a clarification of the change to Operation Standard #3 and made comments concerning the proposed Condition #7. Mr. Rindahl also stated that the operation would be confined to only 2} acres at a time, but might involve more than 2} acres per year as originally stated in the application. He also mentioned the possibility of slight traffic on Road 15} . Stow Witwer, Jr. , attorney for Roger and Joyce Amundson, came forward to present his clients' objection to truck traffic on Weld County Road 15} , Mr. Rindahl suggested a further change to Operation Standard #3 addressing this issue. Following discussion, Chairman Johnson reviewed the proposed changes and additions to the Conditions and Operation Standards. Commissioner Kirby moved to approve this Use by Special Review for a wet, open-cut sand and gravel operation, subject to the Conditions and Operation Standards as amended during the hearing. Commissioner Yamaguchi seconded the motion and it carried unanimously, with Commissioner Brantner abstaining because he was not present for the entire hearing. Page 2 CERTIFICATION - CHALLENGER USR APPROVED: /) BOARD OF COUNTY COMMISSIONERS ATTEST: 1 (inw. eUtivp WELD COUNTY, COLORADO Weld County Clerk and Recorder SIX.etix •\fY'1�,p4Y�and Clerk to the Boa d lime Joh s.n, Chairman BY. �J7� i c� Y/1 it T! puty County erk gene R. Bra' ier, EXCUSED Gord ) E. La 4,11 �1'�l�f�C a F k Yamag hi V TAPE #85-34 DOCKET #85-22 LHR 2-92 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 15, 1985 DOCKET # 85-21 - ALICE PEHR (LARRY SCOTT) , USR-FARM EQUIPMENT REPAIR SHOP DOCKET # 85-22 - ALBERT & CELIA CHALLENGER, USR-SAND & GRAVEL OPERATION DOCKET # 85-24 - MINERAL RESOURCES, INC. , USR-OIL & GAS PRODUCTION FACILITIES PLEASE write or print legibly your name , address and the DOC n (as listed above) or the applicants name of the hearing you are attending . 4ASNE ADDRESS, HEARING ATTENDING jo 4c4 . �cD / .9( r41--) Plitat jtir 4 2 - ka it Oc tic iie,26- w,('- fin L ,t w e he c /fbSln /.'C ,23 Hid ' tc* X35, , ' /jam„ (L v se <> >? .171- C>silL frf 2 5-9 dI O W (Or/W-V r` /� EXHIBIT INVENTORY CONTROL SHEET Case as/e- l 1 2�i ¢oe� 4t Exhibit Submitted By Exhibit Description A. B. i1,,7, '7 g.C J.'Wed.,te7, f J?;ry .7/97 E. V cc F. G. H. I. J. K. r M. N. O. NOT I C E Pursuant to the -zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will -be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, -915 10th Street, First Floor, Greeley, Colorado, at the time specified. All _persons in any -manner interested in the Use -by Special Review are requested to attend and may be heard. Should the applicant or any interested party idesire the Presence of a certified court reporter to make a record of the proceedings, in addition to the taped record -which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified Lourt reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised of -such action at least five days -prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located 1.n the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-22 Challenger travel Fit #1 P.O. Box 448 Evergreen, Colorado 80439 DATE: May 15, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Wet, open rut sand and gravel -operation LEGAL DESCRIPTION: Part of the NW} and part of the NE} SW}, Section 29, Township 5 North, Range 67 West of the 6th F.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK it THE BOARD BY: Mary Reiff, Deputy DATED: April 29, 1985 PUBLISHED: May 2, 1985, in the Johnstown Breeze NOTICE AFFIDAVIT OF PUBLICATION • Pursuant to the zoning laws of the£tats Of Colorado and the Weld_County Zr.ling Ordinance, a public hearing will be bald in THE JOHNSTOWN BREEZE the Chambers of the Boat@ of STATE OF COLORADO ) .county,Commissioners of Weld County; Colorado, Weld County 1 SS Centennial Center, 915 10th COUNTY OF WELD > Street First Floor, Otetey, Colorado, at the time spied. Cl I, Clyde Briggs, solemnly y gg , do swear that I All persona in any Benner interested in the Use-by S$dal ; am publisher of The Johnstown Breeze; Review are requested to arid that the same is a weekly newspaper and may be heard. - printed, in whole or in part,and published Should the applicant or any interested :party desire the in the County of Weld, State of Colorado, pre nce tpo� )f d and has a general circulation therein; that presence qt a certifi.d,cqupt - and has a general circulation therein; that • l-epetel w'ma tr4d4P43S Pfbd8edil* 1ff-aadm ANe said newspaper has been published taped record which will WW1 continuously and uninterruptedly in said during the-hear{ the Mash to P Y the •Boards Dice calf be County of Weld for a period of more than contacted for a list of ceigfled court reporters in the area. If a fifty-two consecutive weeks prior to the court reporter is obtained, the first publication of the annexed legal notice Clerk to the Board's Oft*shall g be advised of such action at least or advertisement; that said newspaper has five days prior to the hearing.The cost oLengag1n9 a court reporter been admitted to the United States mails as -shall be borne by the requesting second-class matter under the provisions of Party. the Act of March 3, 1879, or any BE IT ALSO KNOWN that the text and maps so certified by the amendments thereof, and that said Weld County Manning Com- newspaper is a weekly newspaper duly mission may be examined In the office of the-clerk to the Board of qualified for publishing legal notices and County Commissioners, located advertisements within the meaning of the in the Center, 915 1ld 1ounty 0th treet, Third laws of theState of Colorado. Floor, Greeley, Colorado. That the annexed legal notice or advertise- DOCKET No. 85-22 ment was published in the regular and APPLICANT entire issue of every number of said weekly Challenger Gravel Pit No. 1 newspaper for the period of .. consecu- - 4aI8 Evergreen, Colorado 10439 tive insertions; and that the first DATE: May 15, 1985 publication of said notice was in the issue of 2 TIME: :00,P.M. said newspaper dated C...., A.D. 1`W. Use by Special that the last publication of said notice REQUEST:2:0 Review•Wet,open•out sand and was in the issue of said newspaper dated gravel operation , A.D. 19 LEGAL DESCRIPTION: Pad .af In witness whey of I have hereunto set the NW% and part of the NEV. my hand, 6 day of SWY., Section 23, Township 5 - .3 North,Range 67 West of the 8th A.D. 19$1. P.M., Weld_County, ColorNW BOARD OF NTY COMMISSIONERS ��//// WELD COUNTY, COLORADO ...... p'( / '�' BY: MARY ANN FEUEqMp IN �h;I' Publisher RECORDER ANDCUNTY LERK TO THE BOARD BY: Mary Rem, Deputy Subscribed and sworn to before me, a DATED: Awn 29, 1985 Notary Public in and for the Cpunty of Weld, State of Colorado, this ' day of PUBLISHEJohnstownD: Nys• 198$,.In the III 'I"{ A.D. 191-S at A. 2.1,,p m, teftiflll'- Noary Public. Lis nfiak. C, litp:t1 My commission expires Sri i. I`)rs DATE: April 29 , 1985 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 15th day of May, 1985 , at 2 : 00 P.M. Docket No. 85-21 - Alice Pehr (Larry Scott) - USR, Farm equipment repair shop Docket No. 85-22 - Challenger Gravel Pit #1 - USR, Wet, open-cut sand and gravel operation Docket No. 85-24 - Mineral Resources, Inc. - USR, Oil and gas production facilities in an R-1 Zone District OFFICE OF THE CLE TO THE BOARD BY: -at �� Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , , i e ct !JC, 9 ti . 'V� G";'.� «2°7 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Holman that the following resolution be introducted for massage by the Weld County Planning Commission. Ber "R'eep]ve4,by the Weld County Planning Commission that the application f r:.. CASE NUMBER: USR-672:85:11 APR 2 3 1985 NAME: Challenger Gravel Pit #1 �O tJ ADDRESS: P.O. Box 448, Evergreen, Colorado 80439 �REFyEY REQUEST: A Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation. LEGAL DESCRIPTION: Part of the NW' and part of the NE1 SWi , Section 29, T5N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of Johnstown; south of Weld County Road 54 and west of Weld County Road 15-1/2. Be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1 , 44. 2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: 'This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II, The Weld County area in question is located in a resource conservation area. 'Ile Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , sand and gravel operations as noted on pages 62 - 63 of the Comprehensive Plan) ; USR-672:85: 11 Challenger Gravel Pit #1 April 16, 1985 Page 2 - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district; - The activities proposed will be compatible with existing -agricultural and rural residential uses in the neighborhood, as well as with projected development in the future; - The Johnstown Planning Commission has reviewed this proposal and has found it to be in compliance with their Comprehensive Plan; - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern; and - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-672:85: 11. 4. The following note being placed on the Use by Special Review Permit plat: USR-672:85:11 Challenger Gravel Pit #1 April 16, 1985 Page 3 NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 5. Prior to the Board of County Commissioner's hearing, the applicant shall submit evidence of compliance with Section 44.4.10, Insurance, to the Department of Planning Services. 6. Prior to the Board of County Commissioner's hearing, the applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Commissioners. The agreement shall mitigate impacts generated on Weld County Road 54 by the gravel mining operation's truck traffic. Motion seconded by Louis Rademacher Vote: For Passage Against Passage Paulette Weaver Doug Graff Lydia Dunbar -Stephen Hamilton Louis Rademacher Jack Holman Sharon Linhart 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 April 16, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 17th day of April , 1985 Bobbie Good Secretary OPERATION STANDARDS Challenger Gravel Pit #1 USR-672:85: 11 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to the issuance of building permits the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department - Division of Waste Management, the Weld County Emergency Response Coordinator, and the Johnstown Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. Vehicular traffic shall ingress and egress onto Weld County Road 54 as shown on the submitted Use by Special Review plat. The haul route shall be primarily from the point of ingress and egress west to 1-25. 4. The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 54 to the specifications outlined by the Board of County Commissioners prior to Extraction of sand and gravel from the Use by Special Review area and -continue to compy with the terms of the agreement until final cessation of the mining activities. 5. The property owner(s) and /or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. Prior to extraction of sand and gravel., a copy of the well permit application shall be forwarded to the Department of Planning Services. 6. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the Big Thompson River. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 7. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of the Big Thompson River which would obstruct passage of flood flows; and Operation Standards USR-672:85: 11 -Challenger travel Pit #1 Page 2 R. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 8. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 9. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 10. The applicant shall comply with Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 11. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 12. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the Plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 2 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. CASE NUMBER: USR-672:85: 11 APPLICANT: Challenger Gravel Pit #1 REQUEST: A Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation. LEGAL DESCRIPTION: Pert of the NWT, and part of the NE1 SW1/4, Section 29, T5N, R67W of the -6th P.M. , Weld County, Colorado. LOCATION: Approximately two (2) miles north of Johnstown; south of Weld County Road 54 and west of Weld County Road 15-1/2. APPEARANCE: Gilbert Rindahl, P.E. , represented the applicant. This request is for an open-cut gravel mine. This swill be a small operation. The applicant plans to mine about two and one-half acres per year. There will only be, on an average, approximately twelve truck loads per day. This land will be mined in four stages and the mined land will be reclaimed as the work progresses. The first stage would last about ten years, and stages two, three, and four will take about eighteen years to complete. Topsoil will be saved and will be used for reclamation. The phase 2 pond will be in the Big Tompson River to help with flood control. The Corps of Engineers feels this will help stabilize the river bed. Union Pacific and Great Western Railroads run through this property. They were concerned about mining close to their tracks, but after meeting with them they have no objections to this proposal because the mining will primarily be in the river bed and not close to their tracks. The Division of Wildlife felt the initial phase would perhaps have some affect on the wildlife in the area, but after reclamation has taken place wildlife should return to this area. Twenty-eight years is the expected life of this project and it will then be a wildlife preserve that is privately owned. Road maintenance has been discussed with the engineering department. The Chairman called for discussion from the audience. Roger Amundson, adjacent property owner to the north on Weld County Road 15-1/2 and State Highway 54, reported he had reviewed the application and he would like to know which direction they plan to haul the gravel out. He is opposed to this request if the primary haul route will be on Weld County Road 15-1/2 and the mining operation will be directly behind his house. Summary of the Weld County Planning Commission Meeting April 16, 1985 Page 3 Maurice Roney, representing Tollgate Farms and his own interests, is against the dust and traffic. If it is mined he would like to see it mined slowly and reclaimed as work progresses. Mrs. Maurice Roney is in opposition to this request because of the dust the mining operation will create. Tape 199 — Side 1 The Chairman asked Michael Mullen to read the recommendations, Conditions, and Operation Standards, as outlined by the Department of Planning Services staff into the record. The staff amended Operation Standards 1/3 and ll4 to read as follows: 3. "Vehicular traffic shall ingress and egress onto Weld County Road 54 as shown on the submitted use by Special Review plat. The haul route shall be primarily from the point of ingress and egress west to I-25. 4. The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 54 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Use by Special Review area and continue to comply with the terms of the agreement until final cessation of the mining activities." Gilbert Rindahl stated there should not be a big problem with dust abatement because most of the mining operation will be right around the river. Summary of the Weld _County Planning Commission Meeting April 16, 1985 Page 4 MOTION: Jack Holman moved Case Number USR-672:85: 11 for Challenger Gravel Pit #1 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and operation standards, as amended by the Department of Planning Services staff, and the testimony heard by the Planning Commission. A mine of this type is really a first priority even if it does have some negative effects on the surrounding neighbors, but no more than the applicant plans to mine in a year's time with reclamation following immediately the negative impacts should not be too bad. 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. Paulette Weaver - yes; J1oug Graff - no; Lydia Dunbar - yes; Stephen Hamilton - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried with six voting for the motion and one voting against the motion. CASE NUMBER: Z-419:85:5 APPLCIANT: Pine Lake Village REQUEST: -Change of Zone from Agricultural to R-5 (Mobile Home Residential) LEGAL DESCRIPTION: Part of the NWT Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately six (6) miles north of Windsor; south of State Highway 14 and east of Weld County Road 15 APPEARANCE: Thomas E. Hellerich, attorney, represented the applicant. He asked that the chairman allow the staff to read their recommendations into the record before proceeding. Since the staff's recommendation is for denial they will then know which problems they need to address. The Chairman asked Michael Mullen to read the recommendations of the Department of Planning Services staff into the record. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number MP-- 4,72: 2,47:// Submitted or Prepared Prior to Hearing At Hearing 1. Application 4f/ Pages 2. Clot Application plat(s) -i2 page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. W�RCL�f`L &-ffi Sw��oh�r 1d 103 chat 12. MtM.o ""GeHr. �'laa-kQc.. acfrie., ✓ 13. 1-4 r rcdo t .of KeCQt I 14. Lc kr ..edc,. Corps el vl Eia5,AJeG�.w$ 15. /1/4" -fr'ati, Grea3r cJ�et, le" Kula j J7 16. �e rJ� FIaN. s € �Nter J ✓ 17. pkeMo -5 -6,45/10 terrNj 18. 19. 20. I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on .23 ApM Q 1965-. icia. Atu _ Current _Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS ILI DAY OF 19%% SEAL Sp\aka- TiddA NO1ARY PUBLIC MY COMMISSION EXPIRES 'k4vr tomc`asisn tv i-r• F 7. r + .c fet mE-moRAnDum 1119€ Rod Allison To Planning Department Date May 15, COLORADO From Drew L. Scheltinga , County Engineer Subject: Challenger Gravel Pit We have had further discussion with Mr. Rindahl and the Colorado Mined Land Reclamation Board and we would allow excavation with one hundred feet (100' ) of the right-of-way on County Road 152. However, Road 54 is an arterial and the set back should be left at two hundred feet (200' ) from the right-of-way. This should not release the applicant or operator from any liability that may occur as a result of the mining activity. Also, this does not resolve the question of set back requirements along the Union Pacific railroad right-of-way. DLS/b-f `I( Weld Cu. Moog Lumaassw C (9- REFERRAL LIST APPLICANT: Challenger Gravel Pit #1 CASE NUMBER: USR-672:85:10 SENT REFERRALS OUT: March 21, 1985 REFERRALS TO BE RECEIVED BY April 3, 1985 n z Ca O z z N up 0 O H W Z 1-• V O a o o z O H a co 4. - W 0.' u o z p C frr-lo ? n o o a m 00 w w 0 0 U O a. z as o z O ;,.-3 � 0 Z cnx z jCounty Attorney (plat only) Hill and Brush Ditch Company c/o Leon Croissant Weld County Health Department 26135 Weld County Road 15 / XX Johnstown, Colorado 80534 / Engineering Department V XX County Extension Agent Louis Rademacher ✓ XX Office of Emergency Management planning Commission Member 13184 Weld County Road 13 Longmont, Colorado 80501 B. Jane Fahrenbruch Town Hall Pete Ascher, Vice President / 71 P.O. Box 306 Great Western Railway �/ XX 950 Monroe Avenue Johnstown, Colorado 80534 (Meeting March 27th) Loveland, Colorado 80537 Ralph J. Miller, -Chief / Omaha District Corps of State Engineer v Engineers XX Division of [dater Resources Permits Branch 1313 Sherman St. , Room 818 P.O. Box 5 Denver, Colorado 80203 Omaha, Nebraska 68101 State Highway Department Fort Collins Soil Conservation 1420 2nd Street Service Greeley, Colorado 80631 -Suite 25 Kathryn Dolan, Eng. Tech 2625 Redwing Road J Colorado Department of Health Fort Collins, Colorado $0526 XX Water Quality Control Division 4210 East 11th Avenue Colorado Division of Wildlife -Denver, Colorado 80220 c/o Larry Rogstad District Wildlife Manager Johnstown Fire Protection Dist 1528 28th Avenue Court Ic/o Larry Zuber, Chief Greeley, Colorado 80631 P.O. Box F Johnstown, Colorado 80534 ( „171 Acipt\t„), E c ® Wine. ToMichael S. Mullen, Department of Dd2e March 27, 1985 Planning {� COLORADO From Miller Turner, Environmental Health jG< Subject: USR-672:85:10, Challenger Gravel Pit The Challenger Pit Partnership has applied for an Emission Permit from the Air Pollution Control Division, Colorado Department of Health. If that permit is granted and complied with, the operation should pose no environmental problems. MT/gm fit e r.9.� o_ 19$5 4•ir: e,: ohnniA2 Commission Date: April 16, 1985 CASE NUMBER: USR-672:85: 11 NAME: Challenger Gravel Pit 01 ADDRESS: P.O. Box 448, Evergreen, Colorado 80439 REQUEST: A Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation. LEGAL DESCRIPTION: Part of the NWT and part of the NF1 SW1, Section 29, T5N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of Johnstown; south of Weld County Road 54 and west of Weld County Road 15-1/2. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24. 7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Fxtraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , sand and gravel operations as noted on pages 62 - 63 of the Comprehensive Plan) ; • - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County, and as a Use by Special. Review the activity can take place in the district; - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future; Challenger Gravel Pit #1 USR-672:85: 11 Page 2 - The Johnstown Planning Commission has reviewed this proposal and has found it to he in compliance with their Comprehensive Plan; - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern; and - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review he adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-672:85: 11. 4. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 5. Prior to the Board of County Commissioner's hearing, the applicant shall submit evidence of compliance with Section 44.4.10, Insurance, to the Department of Planning Services. 6. Prior to the Board of County Commissioner's hearing, the applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Commissioners. The agreement shall mitigate impacts generated on Weld County Road 54 by the gravel mining operation's truck traffic. OPERATION STANDARDS Challenge Gravel Pit #1 USR-672:85: 11 1 . The uses permitted on said described parcel shall he the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to the issuance of building permits the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department - Division of Waste Management, the Weld County Emergency Response Coordinator, and the Johnstown Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. Vehicular traffic shall ingress and egress onto Weld County Road 54 as shown on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress west to I-25. 4. The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 54 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Use by Special Review area. 5. The property owner(s) and /or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. Prior to extraction of sand and gravel, a copy of the well permit application shall be forwarded to the Department of Planning Services. 6. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the BigThompson River. A copy of the N.P.D.E.S. Permit shall he forwarded to the Department of Planning Services. 7. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of the Big Thompson River which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood—proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. Operation Standards USR-672:85: 11 Challenger Gravel Pit #1 Page 2 8. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 9. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 10. The applicant shall comply with Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 11. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 12. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the Plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. f, 6:f s- C E F T I F I CAT E O F MAILING T hereby certify that I have placed a true and correct copy of surrounding property owners in the case v` USR-672 for Challenger Gravel Pit #1 in the United States Mail postage prepaid First Class Mail, and addressed to the below stated persons, as per attached list This 26th of March 1985 ew,a,. (1. e o a MAILING LIST CHALLENGER GRAVEL PIT 11 USR-672 SURROUNDING PROPERTY OWNERS Edward & Jacob Kammerzell 6560 Weld County Road 52-1/4 Johnstown, CO 80534 Emma Culver Paul E. Neubauer Box 416 Johnstown, CO 80534 Emma M. Culver 90 A. Greeley Avenue Johnstown, CO 80534 Tollgate Farms 179 S. Monroe Street Denver, CO 80209 Leon N. & Viola C. Croissant 26135 WCR 15 Johnstown, CO 80534 Emanuel & Evelyn Betz 6335 WCR 52-1/4 Johnstown, CO 80534 Roger E. & Joyce E. Amundson 25975 WCR 15-1/2 Johnstown, CO 80534 • CEPTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of mineral owners in the case # USR-672 for Challenger Gravel Pit #1 in the United States Mail postage prepaid First Class Mail, and addressed to the below stated persons, as per attached list This 26th day of March 1985 E4t. Ia.f �o MAILING LIST Mineral Owners USR-672:85:11 Challenger Gravel Pit #1 CFC Energy P.O. Box 509 Niwot, Colorado 80544 Albert S. and Celia Challenger P.O. Box 448 Evergreen, Colorado 80439 - ,�:: ` .4, - : , �.(o IIIr� r ?TIEIfl3TI1I c I. P TiiTh14Ej I : 5,1105,56 4. ♦.0;--,,,...i. t. 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'Y�' a. �u v1' '+YA4 4 I F. • M , S'.R'xw' �.t ✓ gs.: +dM tt4 _ .1 .4 ; tai,, ..,,;.. 5 - 7!Y LL*4� " ' "1 t ' - AI,• aC)9 ti aaa.•1 Ay y a!s *'rt a,le +.'.:�,t .A*Y ' ', d ytS - iF .f '� } ",�x }yry,.tn .,��,� h. t till ?' y s r. tk hibrF8 DEPARTMAENT OF PLANNING SEPVICES PHONE 13031 3564000 EXT.404 015 10TH STREET f, GREELEY,COLORADO 80631 ( CC COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearirg on Tuesday, April 16, 1985, at 1 :30 p.m. to review a request for approval of a Use by Special Review Mining Permit for an Open-Cut, Wet Sand and Gravel Operation from Albert Challenger on a parcel of lard described as part of the NW' and part of the NE1 SW1, Section 29, T5N, P67W of the 6th P.M. , Weld County, Colorado, containing 103 acres, more or less. The public hearing to to held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Veld County Commissioners' 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, Poem 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on April 16, 1985. 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, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To he published in the La Salle Leader To be published one (1) time -by! April 4, 1985 Received by Cz&.. 1t G.:.�_.e%_ Date: .3/i S A s _ �/ ( .;V;+ 9 LAND-USE APPLICATION SUMMARY SHEET Date: April 9, 1985 CASE NUMBER: USR-672:85: 11 NAME: Challenger Gravel Pit #1 ADDRESS: P.O. Box 448, Evergreen, Colorado 80439 REQUEST: A Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation. LEGAL DESCRIPTION: Part of the NWIT. and part of the NEti SW1, Section 29, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles north of Johnstown; south of Weld County Road 54 and west of Weld County -Road 15-1/2. SIZE OF PARCEL: 105 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review -of a Use by Speical Peview application for a Mining Permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should he a priority before urbanization occurs on the lard. This has been a policy of Weld County since the adoption of the Comprehensive P1-an and the Mineral Resource Study, Volume II. The Great Western Railway has indicated concern about their track structure and the proposed -mining operation. This concern has been brought to the attention of the applicant. The Department of Planning Services has not received any objections to date from surrounding property owners. MSM:rjg C (- FIELD CHECK FILING NUMBER: USR-672:85: 11 DATE OF INSPECTION: April 3, 1985 NAME: Challenger Gravel Pit //1 REQUEST: A Use by Special Review Mining Permit for a wet, open—cut sand and gravel operation. LEGAL DESCRIPTION: Part of the NW 1/4, and part of the NF,T SW/, Section 29, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately two (2) miles north of Johnstown; south of Weld County Road 54 and west of Weld County Road 15 . LAND USE: N Union Pacific Railroad, 3 residences, Weld County Road 54, 2 farm residences, Amen Feed Lets, irrigated cropland, Hill and Brush Ditch. P irrigated cropland, farm residence, Hill and Brush Ditch, 2 residences. S Big Thompson River, flood plain pasture, irrigated cropland, one residence, one farm residence to the southeast. W Big Thompson River, residence, cropland. ZONING: N Agriculture F Agriculture S Agriculture W Agriculture COMMENTS; Improvements on the Challenger property include a two—story residence, garage, outbuilding, shed, ensilage pit, and corrals. The property slopes to the southwest and has access to Weld County Road 15-1/2, a gravel road. The subject site is -irrigated cropland (alfalfa and tilled) , flood plain pasture, and swampland. The Hill and Brush Ditch runs through the property as well as the Great Western Railroad. Access for the proposed gravel pits would be Weld County Road 54, a paved road. There are approximately 11 residences within a half mile radius of the proposed gravel pits. fix, , . olk1/44 Michael S. Mullen Current Planner MSM:rjg • C rx4.; e,'#' /- FIELD CHECK FILING NUMBER: USR-672:85: 11 DATE OF INSPECTION: April 3, 1985 NAME: Challenger Gravel Pit #1 REQUEST: A Use by Special Review Mining Remit for a wet, open—cut sand and gravel operation. LEGAL DESCRIPTION: Tart of the NW%, and part of the NE% SW%, Section 29, T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately two (2) miles north of Johnstown; south of Weld County Road 54 and west of Weld County Road 151/2. LAND USE: N Union Pacific Railroad, 3 residences, Weld County Road 54, 2 farm residences, Amen Feed Jets, irrigated cropland, Hill and Brush Ditch. F Irrigated cropland, farm residence, Rill and Brush Ditch, 2 residences. S Fig Thompson River, flood plain pasture, irrigated cropland, one residence, one farm residence to the southeast. W Rig Thompson River, residence, cropland. ZONING: N Agriculture E Agriculture S Agriculture W Agriculture COMMENTS: Improvements on the Challenger property include a two—story residence, garage, outbuilding, shed, ensilage pit, and corrals. The property slopes to the southwest and has access to Weld County Road 15-1/2, a gravel road. The subject site is irrigated cropland (alfalfa and tilled) , flood plain pasture, and swampland. The Hill and Brush Ditch runs through the property es well as the Great Western Railroad. Access for the proposed gravel pits would he Weld County Road 54, a paved road. There are approximately 11 residences within a half mile radius of the proposed gravel pits. Michael S. Mullen Current Planner MSM:rjg ( LAND-USE APPLICATION SUMMARY SHEET K ?_, Date: April 9, 1985 CASE NUMBER: USR-672:85: 11 NAME: Challenger Gravel Pit ii1 ADDRESS: P.O. Box 448, Evergreen, Colorado 8043-9 REQUEST: A Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation. LEGAL DESCRIPTION: Part of the NW≤ and part of the NE1 SW1r, Section 29, T5N, P67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles north of Johnstown; south of Weld County Road 54 and west of Weld County Road 15-1/2. SIZE OF PARCFL: 105 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Speical Review application for a Mining Permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and the Mineral Resource Study, Volume II. The Great Western Railway has indicated concern about their track structure and the proposed mining operation. This concern has been brought to the attention. of the applicant. The Department of Planning Services has not received any objections to date from surrounding property owners. MSM:rig CA.b,f • MINED LAND WILDLIFE QUESTIONAIRLppri_E for limited impact and select regular inane CEtVP 2 1985 tions 1. Name of Company/Mine: Challenger Gravel Pit Partnership 2. Name/Address/Phone of Contact Person: Heidi Hirsh, Rindahl & -Associates, Inc. 230-5 _5. Syracuse Way, 11217 Denver, CO 80231 696-6846 3. Location of Nine: NW 1/4 and p-ortions of NE 1/4 of the SW 1/4 of Sec. 29, T.5N. , R.67W. (County, Township, Range, Section to nearest -quarter quarter; Exhibit -A-MLR app1.) 4. Nearest Sown/General Location: 3.5 miles east of I-25 en Colorado - Hwy. 402 5. Land Ownership (Circl-e) 1. Private 2. BLM 3, _USES 4. Other 6. Present Land Use: Agricultural (too saturated to be productive 'agriculturally) . 7. Proposed Final -Land Use: Pond and pasture land 8. Type of Operation: 1. Surface 2. Underground • 9. Minerals being mined: Sand and gravel - 10. Number and Description of Surface Acres Disturbed by Mining/not including toads (Exhibit D-MLR) : Approximately 71 acres 11. Miles of roads to be constructed: One-half mile 12. Life of Mine (years) : 28 years 13. -Description of _Operation and Reclamation -- Additional sheets may be attached (Exhibits B & E-MLR) _ 2.5 acres is to be mined each year. the area mined will he left as four ponds. One-half acre of shoreline will becreated and reclaimed each year. After consulting with Division of Wildlife, the proposed method of reclamation includes transplanting cattails and rushes within a few feet of the expected water level for an increased aquatic habit-at. Shoreline will be revegetated with the following seed mix (see attached sheet) . Please refer to MLRB application for further details and discussion of proposed operations and reclamation. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C.) _This will expedite processing. Your cooperation is appreciated. 15, Prepared by: Heidi Hirsh Date: 2-28-85 Pa\► 1ef7. SEED MIX zflecic_ r ._sfFa_.re c:_= �-es/i Swi±chgrasis 1 .1 10 Western wheat_grass 1 . 8 5 Alkali 3ciCation .ib 6 311 wheatgrass Vetch (v. Arrr•ricana.) __�__ _2 144. ..5 _:. 1 MINED LAND WILDLIFE STATEMENT/EVALUATION Revised) for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: Challenger Gravel Pit Partnership - Sand & Gravel Ntdir and parts of NAk SWk. Sec. 79, Name/Type and Location of Mine (Legal) T5N, R67W Wildlife Species list: Deer, coyote, fox, badger, weasel, muskrat, beaver, sabbits, raccoon, magpie, dove, pheasant, waterfowl, raptors, numerous small rodents and seasonal song- birds. Endangered/critical species/impacted: No known threatened or endangered species. Critical habitats/vegetative communities impacted: N/A Assessment of impact: Harassment due to men and equipment during life of mine will reduce wildlife numbers. However, the planned reclamation should more than offset any negative temporary impacts. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . No more of the cottonwoods should be removed than absolutely necessary. Other- wise we concur with the reclamation as presented in the application. Prepared By: Don Bogart Date: 1/18/85 Submitted By: '�� Date: This statement is void if not processed within 1 year. This analysis does not constitute approval of application. Pate 2 of txwto,i— IL 44\11/ inErnoRAnDurn 1111e. ToMichael S. Mullen, Department of Date March 27, 1985 Planning ,/COLORAD From Miller Turner, Environmental Health f , U\ S bject. USR-672:85:10, Challenger Gravel Pit The Challenger Pit Partnership has applied for an Emission Permit from the Air Pollution Control Division, Colorado Department of Health. If that permit is granted and complied with, the operation should pose no environmental problems. MT/gm org_{-,3g\T 9:2 0 11985 N=1P e,; Mannino Commission C c REFERRAL LIST APPLICANT: Challengar Gravel Pit 41 CASE NUMBER: USA-672:85:10 SENT REFERRALS OUT: March 21, 1985 REFERRALS TO BE RECEIVED BY -April 3, 1985 Cl) z c Cl) z p--. z 9 --, c Cl) o F H -w z - 6 U) o H -z c 2 H q H N N -NR2-1 2 O U 9 Wti' '� "'I Cl) P7 H Z 4, a 0 O OO O z z O O.r W O z cnx z County Attorney (plat only) Hill and Brush Ditch Company Weld County Health De c/o Leon Croissant partment 26135 Weld County Road 15 / XX Johnstown, Colorado 80534 V Engineering Department XX County Extension Agent Louis Rademacher ✓ XX Office of Emergency Management Planning Commission Member 13184 Weld County Road 13 Longmont, Colorado 80501 B. Jane Fahrenbruch Town Hall -Pete Ascher, Vice President ✓ XX P.O. Box 306 Great Western Railway Johnstown, Colorado 80534 950 Monroe Avenue (Meeting March 27th) Loveland, -Colorado 80537 I Ralph J. Miller, Chief Omaha District Corps of State Engineer Engineers XX Division of Water Resources Permits Branch 1313 Sherman St. , Room 818 P.D. Box 5 -Denver, Colorado 80203 Omaha, Nebraska 68101 State Highway Department Fort Collins Soil Conservation 1420 2nd Street Service Greeley, Colorado 80631 suite 25 Kathryn Dolan, Eng. Tech 2625 Redwing Road J Colorado Department of Health Fort Collins, Colorado 80526 XX Water Quality Control Division 4210 East 11th Avenue Colorado Division of Wildlife Denver, Colorado 80220 c/o tarry Rogstad District Wildlife Manager Johnstown Fire Protection Dist , 1528 28th Avenue Court c/o -Larry Zuber, Chief Greeley, Colorado 80631 V/ P.D. Box F Johnstown, Colorado 80534 E-xC,.;C.;f 13 ( rF• c�� op COLORADO DEPARTMENT OF HEALTI-1 Richard D. Lamm It*,s%Hc Hv "� Thomas M.Vernon, M.D. Governor 18 76 executive Director April 1, 1985 Mr. Michael Mullen ' Dept. of Planning gervices Weld County Centennial Center 915 10th St. Greeley, Colorado 80631 RE: Challenger Gravel Pit #1 Weld County Dear Mr. Mullen: We are in receipt of the Challenger Gravel Pit mining application (case number USR-672:85:10) referred by you to our office. At this time, we are unable to make a final determination on the project, due to insufficient information. The applicant states that an NPDES permit As not required, and nowhere in the application does it state that there will be a discharge to state waters. However, neither does it state that such a discharge will not take place. The southeast mining area appears to have the potential for discharge to the river. We advise that the pit operator apply for a discharge permit from our office, in order that we may more fully determine whether or not one is required. We -now have a general permit to cover such operations, which must be applied for at least 30 lays prior to the commencement of discharge. If you have any further questions, please give me a call. Sincerely, '/ Kathryn olan Engineering Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION KD/lc )*IT [1 ,Pit o._ 1985 Weld Co.PIannine CnnWussim n9in FACT 11T4.I A\/CMI IF 11FKII/FR rni fQATn R noon pi-Iht\Ip (qnn) '2of-Rqqn ( ÷1112r £NT Op o-� ? ""i*/4, DE-PARTMENT OF THE ARMY e s tt'' p, OMAHA DISTRICT CORPS OF ENGINEERS G'\, .� -6014 U.S. POST-OFFICE AND COURTHOUSE r s > OMAHA, NEBRASKA 68102 �' e ' March 28 0,ins U{ of REPLY TO , 1985 ATTENTION OF Permits Branch PO Box 5, Omaha, NE 68101-0005 Michael S. Mullen Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Mullen: Thank you for your letter of March 19, 1985 notifying us of Challenger Gravel Pit Partnership's application for use by Special Review Permit, your case no. USR-t72:85:10. The data furnished by Rindahl end Associates has been reviewed. In -addition, an on-site inspection of the proposed project has been performed. The Corps of Engineer's only jurisdiction in this area is through the admin- istration of the _regulatory program pursuant to Section -404 of the Clean Water Act. Section 404 regulates the discharge of dredged or fill material into our nation's waterways and adjacent wetlands. Included within the definition of the discharge of dredged material is the runoff or overflow from a contained land or water disposal area in conjunction with a hydraulic dredging operation. She applicant's authorized agent, Rindahl and Associates, has informed this office that a hydraulic dredge will not be utilized in con- junction with this project. Based on that assurance, the review of the submitted data and the en-site inspection, this office has determined that a Department of the Army permit will not be required. If you have any questions regarding this matter, please feel free to contact this office or telephone Mr. Eldon Strine of my staff et (402) 221-4143. S' cerely, ohn -H. Morton, P.E. Chief, Regulatory Branch Operations IDivision CF: Rindahl & Associates 2305 South Syracuse Way, Suite 217 Denver, CO 8023171 :-- it ;2:1 041985 Weld Co. Planantt Iiommissso i st4T DA. o- � DEP-A'RTMENT OF THE ARMY 2 OMAHA DISTRICT CORPS OF ENGINEERS 6014 U.S. POST OFFICE AND COURTHOUSE '. . OMAHA, NEBRASKA p 68102 (6,,,,,ui n'PC REPLY TO Match 2(J, 19U5 ATTENTION OF P-ermits Branch PO Box 5, Omaha, NE 68101-0005 Michael S. Mullen Department of Planning Services 915 10th Street Greeley, Colorado _80631 -Dear Mr. Mullen: Thank you for your letter of March 19, 1985 notifying us of Challenger Gravel Pit Partnership's application for use by Spacial Review Permit, your case to. USR-672:85:10. The data furnished by Rindahl and Associates has -been reviewed. In addition, an on-site inspection of the proposed project has been performed. The Corps of Engineer's only jurisdiction in this area is through the admin- istration of the regulatory program pursuant to Section 404 of the Clean Water Act. Section 404 regulates the discharge of dredged or fill material into our nation's waterways and adjacent wetlands. Included within the definition of the discharge of dredged material is the runoff or overflow from a contained land ar water disposal area in conjunction with a hydraulic dredging operation. The applicant's authorized agent, Rindahl and Associates, has informed this office that a hydraulic dredge will not be utilized in con- junction with this project. Based on that assurance, the review of the submitted data and the on-site inspection, this office has determined that a Department of the Army permit will not be required. If you have any questions regarding this matter, please feel free to contact this office or telephone Mr. Eldon Strine of my staff at (402) 221-4143. S' cerely, ohn H. Morton, P.E. Chief, Regulatory Branch Operations Division CF: Rindahl & Associates 2305 South Syracuse Way, Suite 217 Denver, -CO 80231 o �a c h- °; 041985 Weld Cu. Piananlg Gomnussion ( D COLORADO DEPARTMENT OF HEALTH Richard D. Lamm Thomas M. Vernon, M.D. Governor 1 g q 6 FxecutiveDirector April 1, 1985 Mr. Michael Mullen Dept. of Planning Services Weld County Centennial Center 91-5 10th St. Greeley, Colorado 80631 RE: Challenger Gravel Pit #1 Weld County Dear Mr. Mullen: We are in receipt of the Challenger Gravel Tit mining -application (ease number ILSR-672:85:10) ref-erred by you to our office. At this time, we are unable to make a final -determination an the project, -due to insuffi-dent information. The applicant states that an NPDFS Termit is not required, and nowhere in the application does it state that there will be a discharge to state waters. However, neither does it state that such a discharge will not take place. The southeast mining area appears to have the potential for discharge to the river. We advise that the pit operator apply -for a discharge Termit from our office, in order that we -may more fully determine whether or not one is regaiTed. We now have a general permit to cover such operations, which must be -applied for at least 30 -days Trior to the commencement of discharge. If you have any further questions, please give me a call. Sincerely, Crea- Kathryn olan Engi-veering Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION 4Ir KD/lc 0 E PRr c\V -0 1985 Weld Co. Planning Commission e1)111 r -eT 11T-L-1 A\icnii is ncnivCa r,ni noAnf an-'9n Pwntor (-Ann) n9n nnxn DEP;ARTMEN T OF sI_',y.ivHNG SERVICES PHONE (303) 358-4000 EXT.404 D �� Y�r'1'/� 91510TH STREET " GREELEY,COLORADO 80631 r ?,SIR 27 1,985 y .:.•:,ti •4 •C' , CI 'Reid Cc. ?hang L'ammissron COLORADO CASE NUMBER USR-672:85: 10 March 19, 1985 7O WHOM IT MAY CONCERN: Enclosed is an application from Albert Challenger (Challenger Gray-el Pit #1) for a Use by Special Review Mining Permit for a wet, open—cut sand and gravel operation on 105 acres. The parcel of land is described as part of the NW' and part of the NEl SW1/4, Section 29, T5N, R67W of the 6th P.N. , Weld County, Colorado. The location of the parcel of land for which this application has been -submitted is approximately two (2) riles north of Johnstown; south of Weld County Road 54 and west of Weld County Roan 17. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this recuest would be appreciated. Your prompt -reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing _from our office, it may be interpreted to mean approval by your office. II you are unable to respond within the fourteen (14) days (hut wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 3, 1985, so that we may give full consideration to your recommendation. Thank you very much for your help and _cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will $e 3. submitted prior to X Please refer to the enclosed letter. Signed: .//%./ f !t Agen y: :sR7 4vrn 4/T7,1a Date: 2-7 y /� A . _n Ye 1,44-7d nicest 7bior lieren t r 4tAk 0� • '" ` // DNS r"n 7YeJ. /91( /0 pro,ert SufPo� Michael S. Mullen Sc can—,ri r Current Planner ` S / ininrit 1 PYarie cur /l rd/i�t S/iur ar/?�. 1 O� ,r // U,42 t 18\( al /uny/Aer ("6%;rrr ,/a/,/ Rifeel. Cy (/.;,o,, %r,{F "4/: 1J OF-COto 'IV�V �\ RICHARD D. Lr ILA "� JERIS A. DANIELSON Governor ILA Yr. O * / cxo � * State Engineer 1876 — OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 March 29, 1985 J III 1 0 _ 1985 Mr. Michael S. Mullen Weld Cu. Plam1trl; uIummSsieG Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Challenger Gravel Pit #1 Use by Special Review Mining Permit Dear Mr. Mullen: As requested, we have reviewed the above referenced application for a Special Use Permit to mine sand and gravel approximately two miles north of Johnstown in Weld County. The application states that several ponds will be formed in the mining process. The reclamation plan states that these ponds will be used as wildlife habitat. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in Section 37-92-103, CRS (1973), as putting the water to beneficial use. Since the source of water for the ponds that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to excava- tion of the gravel pit. Otherwise, Albert Challenger will be in violation of Section 37-90-137, CRS (1973). Since the proposed gravel pit would be located in an over-appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. "Plan for augmentation means a detailed program to increase the supply of water available for beneficial use in a division or portion thereof by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appro- priate means. . ." (Section 37-92-103, CRS (1973),(9)). Albert Challenger should devise an augmentation plan to replace the out-of-priority consumptive use associated with pond evaporation and other out-of-priority consumptive uses of water. The pond evaporation should be based upon the total expanded surface area created by mining including the area in Phase II that increases the area of the river. EKG„ 4;+ ! Co Mr. Michael S. Mullen Page 2 March 29, 1985 The application shows the Hill and Brush Ditch running between the mining areas. Agreement with its owners and users to mitigate the project's impact, if any, should be obtained before any injury occurs. In summary, we cannot recommend approval of this application until the issues discussed in this letter are addressed. Further, we will order Albert Challenger to cease operations if our Water Commissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sincerely, t,, Hal D. Simpson, P.E. Assistant State Engineer HDS/JCM:ma/4515H cc: Jim Clark, Div. Eng. it c'40 , inEinoRAnDum Michael S. Mullen To Current Planner Date April 4, 1985 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept. -Subject: Challenger Gravel Pits - USR-672:85:10 We have reviewed the application from Challenger Gravel Pit Partnership for a mining permit for a wet, open-cut sand and gravel operation on 105 acres . 1. This is not State Hwy 402; this is Weld County Road 54 all the way to the county line. 2. The haul route will be from the entrance to the gravel pit on Weld County Road 54 between WCR 152 and Interstate I-25. 3. Typical Road Maintenance and Improvements Agreement for a gravel pit _operation . DRC/bf iLt±tJLJ 1965 -weld Co. 9laumne i:nmlriss'm FxL10: - (7 COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of 1985, by and between the COUNTY OF WELD, State of Colorado, hereinafter called "County" and CHALLENGER GRAVEL PIT PARTNERSHIP, and WHEREAS, Challenger Pit No . 1 has applied to the county for Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation on 105 acres , NW%, SWI Sec. 29 T5N R67W and NW' and NE' of SW' of Sec. 29 T5N R67W of the 6th Principal Meridian, and WHEREAS, Challenger is operating similar gravel pits in the immediate vicinity of the above-mentioned gravel pit, and WHEREAS, the gravel pits generate an increase in heavy traffic , and WHEREAS, the existing county roads that serve the gravel pits will require increased maintenance and improvement due to the increase in heavy truck traffic , and WHEREAS, the county and Challenger have reviewed proposed maintenance and improvements and acknowledges they will enhance the accessibility and safety of the roads that serve the gravel pits . NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter setforth, the county and Challenger mutually agree as follows : 1 . The county roads that serve the gravel pits are Weld County Road 54 between Weld County Road 151/2 and Weld County Road 13 (haul route) . 2. Challenger agrees to excavate and patch any damage on the above- mentioned road that has been created by heavy truck hauling from Challenger gravel pits . 3 . At any time in the future, when road damage has increased beyond the point that patching can reasonably restore the road, Challenger will cooperate with the county in the reconstruction of those parts of the county road . 4. The details of construction and the amount of aggregate base course required will be determined by sampling and testing of the existing road by the Weld County Engineering Department. 5. When reconstruction is required, Challenger will supply the hot bituminous pavement, aggregate base course , equipment, and labor for reconstruction. 6. When reconstruction is required, the county will reimburse Challenger for the cost of AC-10 liquid asphalt for the manufacture of hot bituminous pavement. 7. All construction and materials will be in accordance with the State Department of Highways , Division of Highways , State of Colorado, Standard Specifications for Road and Bridge Construction, 1981. Ext,444-r 17 IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first above written . CHALLENGER GRAVEL PIT PARTNERSHIP BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO BY : TITLE: Jacqueline Johnson, Chairman ATTEST: Weld County Clerk and Recorder and -Clerk to the Board lY: Deputy CHALLENGER GRAVEL PIT PARTNERSHIP CHALLENGER PIT. NO. 1 APPLICATION FOR MINED LAND RECLAMATION PERMIT IN WELD COUNTY MARCH . 12, 1985 PREPARED BY RINDAHL AND ASSOCIATES 2305 S. SYRACUSE WAY SUITE 217 DENVER, COLORADO 80231 9111 -Gilbert F. Rindahl,P.E. C.Jay Silvernale Bruce G. Rindahl Rindahl&Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • 1303) 696-6846 March 12 , 1985 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Gentlemen : Challenger Gravel Pit Partnership respectfully requests favorable consideration for approval of use by special review of an application for mining sand and gravel in Section 29, Township 5 North, Range 67 West . The following statements correspond to the Weld County -Procedural Guide for Use by Special Review. a. The proposed mining operation is consistent with the Weld County Comprehensive Plan in that gravel mining is economi- cally feasible . The "Map showing potential causes of gravel and crushed-rock aggregate, in the Boulder-Ft. Collins- Greeley area , Front Range Urban Corridor , Colorado ," by Roger B. Colton and Harold R. Fitch published by the Department of Interior , United States Geological Survey prepared in coop- eration with the Colorado Geological Survey describes the area as : GRAVEL DEPOSITS UNDERLYING TERRACES AND FLOOD PLAINS - Pebbles generally well rounded, unweathered; deposits contain little deleterious "lime" (CaCO ) . Lithologic composition reflects bedrock in source areas along Boulder Creek , St . Vrain Creek , Lefthand Creek , the Little and Big Thompson Rivers , and the Cache La Poudre River; clasts are composed chiefly of quartzite, granite, gneiss , and pegmatite . Few or no reactive constituents . Source of best quality gravel for concrete aggregate and road material. Seli . ` Engineering& Environmental Services j' Weld County Department -of Planning Services March 12, 1985 Page Two b. The proposed mining is consistent with the intent -of the district in that this land is too wet for productive agricultural activities and is a good source of gravel. Adjacent land areas will remain agricultural. Mining is currently in progress North, -South, -and East in the Weld County -area . c. The use will be compatible with surrounding agricultural land uses while providing aquatic habitat and pasture land. d. The Weld County Comprehensive Plan Future Land Use Map shows this area as flood plain and major reservoirs and not an aquifer recharge area . The final use will be compatible with surrounding agriculturally -zoned areas . e. Mining complies with the overlay Flood Hazard Zone as a use by special review. f. The use is proposed in the "A" District . The type of soil, high water table, and Flood Hazard overlay zone makes the property marginally productive agricultural land. g. The distance from the nearest inhabitant is such that there will be no concern for health, safety and welfare of the inhabitants of the neighborhood and the County . Detailed Description of Proposed Operation a. Type of use - -sand and gravel mining . b. Nearest =residential structure is approximately 400 Teat . c. Plan of operation calls for approximately four employees working one shift per day , five days per week . d. The maximum number of users , patrons , members , employees, or buyers on site is en estimated six. e. Not listed. f. Animals are not a part of this use and none are expected to be on site. g. Temporary structures on site will be a truck scale, and a servicing , crushing , and gravel wash plant . Weld Lounty Department of planning Services March 12, 1985 Page Three h. The maximum number of trucks will be eight 25-ton trucks , each making five trips per -day . The -expected numbers utilized for the operation are four 25-ton trucks each making three trips per day . Access will be Colorado Highway 402 , transporting materials West on Highway 402. i. Domestic sewage will be "Jiffy Johns" or similar . j. Stockpile or storage areas to ibe utilized will be approxi- mately one acre . k. There will be no debris connected with this operation . 1. This is estimated to be a 28 year operati-on . Please refer to the mining plan in the application booklet . m. The final landscape plan is described in the Reclamation -Plan Exhibit of the application booklet . n. Reclamati-on includes reseeding the shoreline as mining pro- gresses . Native grasses will be planted to return the land to a naturally vegetated area -around the pond. -Rushes and cattails will be transplanted to enhance the aquatic habitat . See application booklet for further details . o. Fite protection will be on site with tanker trucks used for dust suppression and fire extinguishers at each equipment location . Sincerely, RINDAHL & ASSOCIATES, INC . Gi ert F. Rindahl, P.E. President GF-R/j d/51 File No. 85-0201 Enclosures cc: Challenger Gravel Pit Partnership APPLICATION USE BY _SPECIAL -REVIEW Department of Planning Services, 915 Tenth Street, _Greeley, -Color-ado Phone - 1356-4000 - Ext. 400 Case Number Data Received Application Checked by Application bee Receipt Number Recording Fee -Receipt Number TO SE COMPLETED BY APPLICANT: (please print er type, except for =necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special -Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL NESCCRIPTWON OF SPECIAL REVIEW PERMIT -AREA: NW 1/4, SW 1 29 air_DESCRIPTION of contiguous property owned upon which Special _Review Permit is _proposed: NW 1/-4 and NE Section 29 T 5 N, R 67 W 1/4 of SW 1/4 -of Property Address (if available) PRESENT ZONE Agricultural _ OVERLAY ZONES Flood Hazard TOTAL ACREAGE 105 acres PROPOSED LAND USE Pond and restore land EXISTING LAND 818E ,Aoriculture - wetlands SURFACE FEE (PROPERTY BONERS) OF AREA PROPOSED _'OR REZONING: N/A Name: Albert S. :and Celia L. Ithallenger Address: P.O. Box -448 City Evergreen Zip 80439 Hose Telephone Hi 321-7594 Business Telephone k 667-4480 Name: Address: City Zip Home Telephone ii Business Telephone N Name Address: City Zip Home Telephone Ai Business Telephone if APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: _Gilbert F. Rindahl, Rindahl & Associates, Inc. Address: 2305 5. 'Syracuse Way, #217-City Denver Zip 80231 Hams Telephone Hi 751-1320 Business Telephone N 696-6846 Owner(a) and/or lessees of mineral rights on or _under the subject properties of record in the Weld County Assessor's Office: Name: Albert S. and t-elia L. Challenger Address; N.U. Box 448 City Evergreen Zip_G0439 Name: Address: City -Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with cr contained within _this application are true and correct to the best of my knowledge. Arapahoe COUNTY OF VETE ) STATE OF COLORADO ) \ S tore: Owner or Authorized Agent Subers4bed and sworn to before me this 11 hday of Marc y/{N� 19 85 . -SEAL 4 '�a t NOT Y PUBLIC My commission expires November 23. 1987 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Challenger Gravel Pit Partnership - Challenger Pit STATE OF COLORADO ) $5. COUNTY OF WELD 1 THE UNDERSIGNED, being first duly sworn, states that to the best of his 9r her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. Gx4°I drL t lj oa.Lr,o C?ui LFsc c`,JQ,/2 044;7i 0/6, 2 The foregoing instrument was subscribed anti sworn to before -me this j1 day tf 4d1-1-0.47L/ , 1-J K$1y A &c S 1& . t FngFr WITNESS my hand and official s-eal . My Commission expires : • My Commission Expires November-3, 1987 nn t � (iJ� Notey Public -AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Challenger Gravel Pit Partnership - Challenger Pit STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list -of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) -days of the application submission date. /�y/ /////^/01,/,;227CThe foregoing instrument was subscribed and sworn to l N ibefore mm�e,9 this _ 2lday F , 19jCby A t hFrE S . A (JFn5Fr WITNESS my hand and official seal . My Commission expires : . , My Commission Expires November 23, 1987 9_1 7fifm <t i t:4 Notary -Public vnr VOL S Co ; ,4IT'HIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # 6560 Weld County Road 5Z-1/4 6L=UyS/-SU-U-UU9 Edward -H. & Jacob Kammerzell Johnstown, CO 80534 62-0957-29-D-_010 Emma M. Culver and Box 416 Paul E. Neubauer Johnstown, CO 813534 62=0957-29-0-011 90 N. Greeley Avenue Emma M. Culver Johnstown, CO 80534 62-0957-29-0-012 179 So. Monroe Streiet 62-0957-29-0-013 Tollgate Farms Denver. CO 80209 62-0957-29-0-016 26135 Weld _County Road 15 62-0957 30-0-UZU I enn H & Vinla f frniqqant lnhnctnwn rn 811534 A2-0957 19-n-1171 26135 Weld _County Road 15 lenn H & Vin1a C PTniccant .lnhnctnwn, rn 811534 62-0957-70-11-022 6335 Weld County Road 52-1/4 Einar-vier R Evelyn H ReF7 .lnhnctnwn rn 811534 A2_0957-30-0-1119 Rt. 1 -Box 29 Emanuel & Evelyn H Ref? ,lnhnctnwn rn 80534 62-0957- 9-n-n18 25973 Welt! County Road 13-1/2 Rnger E & lnyre E Amunrlann ,lnhnctnwn rn 80534 67-0957-2'911-029 PQWP QF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, 4Lpjr;R,i n 1 ;Sfw"�heit_ (name) . the undersigned, of (_` C E061(Jc 'CP°ZI •L- bL,*t )7 &)6-3l f (address) , County of f �f .�. , State of l/� 1l (6ra 4 (\1 , here- by -constitute, make and appoint _Lila la (name) , of Iti ndaA_ISQG5 Jflc S. Syr2tcLLcF L ay �El y' �� .�,�(address) , County _of State of __,n ��rd.A _ , my true and lawful attorney- in-fact, for the following purpose: To represent me in the matter of the foregoing attached application for a u SE b 'y $pFC I �l. � �F( 1lFtl l (variance, recorded exemption, etc.) , in regard to and only in regard to the particular property _described in /said ap- plication, before the s (Board of County Commissioners, Board of Adjustment, etc.) and to present evidence on my behalf before said Board. �-Q Subscribed and sworn to before me this .•_a_ day at 31114/1.51 , 1St: Notary -Public My commission expires:i?( in )i1r i'?Y7, • 804-79-422 WELD COUNTY, COLORADO • SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld _County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: a Section: , Township:: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Foe Receipt Its Receipt Numbers Application Reviewed By • To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Sand and gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County; LEGAL DESCRIPTION: The NW 1/4 and portions of the NE 1/4 of the SW 1/4 of Section 29, Township 5 North, Range 67 West, 6th P.M. , Weld County, Colorado. • TOTAL ACREAGE: 71 acres 2. Surface owner(s) of area of land described Name: Albe l_ S. & Celia Address: P.O. Rnx 44R Phone: 321-7594 Name: Challenger Address : Evergreen, CO 80439 Phone: 3. Owner(s) of mineral rights to !;nbstance to he mined Name: A Addre:.s: P.O. Box 44H Name: ChallengerI'honc . 52I-7')94 Address: Lvergreen, CO 80439 Phone: 4. Source of applicants Legal Right to enter and to mine on the land described: Notarized statement (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants address: P.O. Box 448 Evergreen, CO 8043Whone: 321-7594 General Office address: 6'760 E. Colorado Hwy. 402 Phones 667-4480 Loveland, CO 80537 6. Identify any prior permits for open cut mining held by applicant or affiliated person: NONE 7. Description of Operation a. Types and number of operating and processing equipment to be employed: Screening, washing, and crushing plant. Backhoe, end-loader, and possible dragline. 4 to 8 25 ton trucks and scale huu:;e. b. Maximum number of employees: 4 _, and number of shifts: 1 c. Number of stages to be worked: IV 1 and each is to be worked: 71 acres, mining 2.5 acres oerlods of e vear fnr 28 Years d. Thickness Af mineral deposit: avq. 15 feet, and thickness of the overburden: 1 foot e. This will be a D dry pit operation f. Site entrance/exit-points and county roads and bridges to be' utilized between site and delivery point(s) (must be coordinated with County Engineer) : Colorado Hwy. 402 — no bridges encountered. Transportation to be East on Hwy. 402. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Pond and pasture land. b. Source of technical advice for reclamation: Gilbert F. Rindahl, Rindahl & Associates, Inc. c. Explanation of Reclamation Process: Backfill, topsoil, and with native seed mix, revegetate shorelines of remaining ponds. - I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with- or contained within this application are true and correct to the best of my knowledge. COUNTY OF Arapahoe - STATE OF Colorado /Signature: Owner/Authorized Agent subscribe3 an& sworn to before me this 11th day of March 19 85 . SEAT _ NOqApi RY PUBLIC My.'ComMission expires November 23, 1987 EXHIERIT U LEGAL RIGHT TO ENTER The r--.t zr- ' ,:is the legal 1 . ;.+:h;: tc ._..-I t .r _. i ts ii dic:yited by the 4.,J11cwinil c.ertifi.zation. I er..v.1 }y t'i : C. I.ALinger u:' a,_? Pit . rti:_�r :hi:. .:p r".. ti. th... '.hal1en::j r- := i = Les the 1e4a1 . _' i t '':O ..nit?r .. ",d ¶r.1,.n _ : •.`'. .x;i:! gravel on thE. ;pr lc,ar t y "' cr-: bed b_i c'r►: The NW 1/ 1. ard fjur ! 1a:1c o'F U-s NE ii4 •::f the . id t / 4 Li '13ect: on _3, owri-sh. a j ::irtn, h•• rge •,7 Vest, .:1 . . ;. , Weld COU. t.y , _L;l e-r_; .,. • 7( c:=7—_—, d�r'.Signed ��.nr_' IY `F IQrn to me ill =a ,,J +� A Ein-X-11149 ,/J/� (11 (n]��//\]ten �L • L,ti :Y! •. .,,,..k, 4 i c . • . . litzzadtd._21 1f r? . My cJir:;nisnsi -n sxpires Gilbert F. Rindahl,P.E. iiii . ' C.Jay Silvernale Bruce G.Rindahl Rindahl &Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • 13031 696-6846 PROJECT OVERVIEW Challenger Gravel Pit Partnership, proposes to mine sand and gravel at a site located three and one=half miles east of I-25 off Colorado Highway 402 , approximately 4800 feet above MSL. The operation is in Weld County . This application is being submitted to the Colorado -State Mined Land Reclamation Board in order to obtain a 112 permit for the operation . The application is for 71 acres . In conformance with all applicable rules and regulations , background information on the site and the nature of the proposed operation is presented in the following application. This application has been prepared by: Rindahl & Associates , Inc. 2305 5 . Syracuse Way Suite 217 Denver , Colorado 80231 This application contains proprietary information and express permission of the operator or preparer must be obtained to reproduce any part thereof. Sincerely, ...cow'rrrr,:r.r .c. :. i r. :',7;',',, RINDAHL & ASSOCIATES, INC . „ elee Gilbert Rindahl, P.E. - President r%.,...---':.;;;:;.!-,,,-'.....-:''.1 . 0> ♦a r•e 'e* E Engineering& nvironmental Services C•uxc pF•cozo DEPARTMENT OF NATURAL RESOURCES *• David M._Getchee.Executive Director . ,876 •' MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director Richard D.Lamm Governor t - REGULAR ( 112) PERMIT APPLICATION FORM Applirati-on for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-1_01 , et sec , as amended. (Type of Print Clearly) 1 . Name of Operation (Pit, mine or site name) Challenger Pit 2. Name of Applicant/Operator (name to be used on permit) Challenger _Gravel Pit Partnership 3. Address and Phone Number of 6766 E. Colorado -Highway 402 Local Office Loveland, Color-ado 80537 (303) 667-4480 4. Address and Phone Number of 6766 E . Colorado Highway 402 General Office Loveland, Colorado 8U537 (303) 667-4480 5. Name and Phone Number of Person Gilbert F. Rindahl. Rindahl. & Associates. Lnr, Staff Members Should Contact 2305 S. Syracuse Way, #217 69616846 6. Parent Corporation, If -Any NONE ( include name -and address) � 7. Owner(s) of Record of Affected Alhprt S anri fplia I rhallpngpr Land (surface Area) P.D. Box 448 Evergreen, CO 80439 (if more than two, list i-n EXHIBIT P) 8. Owner(s) of Substance to be -Albert S. and Celia L. Challenger Mined ( if more than two, list P.O. Box 448 Ever-green, CO 80439 in EXHIBIT P) 423 CentennialBuilding, 1313 Sherman Street Denver, Colorado 8O203 Tel. (30'x) 866-3567 -2- 9. Source of Legal Right-to-Enter Notarized Statement ( indicate what type of proof is included in -EXHIBIT 0) See Rule 34-32-112(2)(d) 10. Type of Mine and Substance to Sand and gravel; Dpen pit be Mined (specify underground, open pit, quarry, etc. and I substance(s) to be mined 11 . General Location and Elevation 3.5 miles East of I-25 off -Colorado Highway 402 (miles and -direction from I nearest town and approximate I Flpvptinn is -anprnximatvHy -4W101 site elavatton 12. County Weld 13a Total Surface -Acreage to be Included in Permit (Rule 1 . 1 (2) ) 105 acres 13b Total Acreage of Affected Lands (Rule 2. 11( 14) ) 71 acres 14. Application fee (see Rule 2 to $1 .010.00 determine amount, based on permitted area) 15. Present land Use (i .e. , Agricultural (bottom land pasture) agricultural , industrial , etc. ) 16. Surrounding Land Uses Agricultural 17. Proposed Future land Use (final Pond and pasture land use after reclamation) 18. List Mining Operations Currently NONE In Violation of the Act. (See 34-32-120) 19. The Lands Herein Do Not Affect AFFIRMATION any of the Lands Described in Sect ion 115(4) (f) of the Mined Land Reclamation Act. (specify affirmation) -3- MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicant must submit a corresponding set of the maps and exhibits outlined in rule 2, as follows: 1 . EXHIBIT A - Legal Description 2. EXHIBIT B - Index Map 3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands 4. EXHIBIT D - Mining Plan 5. EXHIBIT E - Reclamation Plan 6. EXHIBIT F - Reclamation Plan Map 7. EXHIBIT G - Water Information 8. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Information 11 . EXHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs 13. EXHIBIT M - Compliance with Local Zoning (See 34-32-115(4) (e) and 109(6)&(8) 14. EXHIBIT N - Other Permits or Licenses (See 34-32-115(4)&(4) (c) 15. EXHIBIT 0 - Source of Legal Right-To-Enter (See 34-32-112(2) (d) 16. EXHIBIT P - Owners of Record of Surface and Subsurface Rights (See 34-32-112(2) (b)&(c) NOTICE PROCEDURES After the application is considered "filed" (pursuant to Rule 1 . 1 (10) with the Mined Land Reclamation Division, notice procedures outlined in Rule 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR staff informing you of the Completeness ("filing") of your application. ) FINANCIAL WARRANTY All applicants must submit a financial warranty i-n an amount determined by the Board prior to permit issuance. The law and regulations allow for several different types of financial warranty. You should determine what type of financial warranty you desire to use and obtain the appropriate forms from the Mired Land Reclamation Division during the application review period to facilitate finalization of an acceptable financial warranty and permit issuance. COLORADO WATER LAWS The permittee is encouraged to contact the State Engineer, with regard to the administration of water rights, and the Colorado Department of Health, with regard to the discharge of pollutants into the waters of the State. Violation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of Health. -4- ADDITIONAL INFORMATION This space can be referenced for further information of any of the items in this form. • To the best of my knowledge, all the information presented in this application is true and correct. �, Date: February 6 1985 By: Ac ' - ,__• title (Signature by individual legally authorized to bind the operator to this application) w (Rev. 4/84) I Doc. No. 5547 • EXH I IB I T A E C3 L_ ID E'.�- C R I l T I D rile NW 1/4 and portions c+ the NE 1/4 of the SW 1/4 of Sti,::tion 29:! Townsh1p North. Range 67 West , 6th P. M. e Weld County., Colorado. A-1 • Ea S Ni r)E x MAP' ll map appears on ,:.fir? PI.:di. Mc.D, Sheet EX9 II � ST C F' �-MINING AND EIININS FL_F`,!V MAR'S r-1 I NV I Nile F:'1__(;P4 This will be a wet mining operation. A dredge, back:hoe, or dragline will be used to remove aggregate. Material will be placed on the shoreline in a manner to allow water to drain back into the excavated area. After the aggregate material has drained, it will be hauled to the plant site for processing. Resultant land area is to be reclaimed to four ponds. There will he no replacement or back-filling of any material removed, except what is necee aary during reclamation to stabilize and topsoil the shoreline. The operation is divided into four phases. Phase I , as shown on the Mining Plan Map, is 25 acres. Approximately 600, 000 tons of material will be removed at 60. 000 tons per year, mining about 2. 5 acres per year for 10 years. Stages and direction of mining are shown on the map. Phases II, III , and IV will follow, pro- gressively mining another 46 acres in 18 years. Average estimate of maximum amount of disturbed shoreline from mining 2. 5 acres each year is 450 feet. Disturbance from machinery movement and activity around the shoreline is expected to be 50 feet. This equals once-half acre. For reclamation cost purposes, an additional -:ane-half acre will be included to be tops.oiled and revegetated the first year. Topsoil will be stripped with a scraper, end loader, or possibly a dragline, and stockpiled, as shown on the Mining Plan Map. Approximately 373 yds3 will be stockpiled for revegetating the 450 lineal feet of shoreline each year. An additional 833 yds3 of topsoil will be stockpiled the first year for reclaiming the one-half acre backline at termination o- mining. The stratLt;n to be mined lien directly below the topsoil to an average '.5 foot depth . The stratum beneath the material to be mined is c r av1 s and alluviums and the upper unit Pierre shale. Maior cr excavation will be about 2.5.E acres per year, (to be left �,�_. surface water) . Moderate Disturbance includes a 1 . 5 .cre plant site and about one-half acre of shoreline to be topeoi 1 o_c per year. Minor Disturbance i s one acre shoreline to be seeded during the first .pE,ar and one-i a.lf acre each year .-hereafter. D-1 Phase II includes constructing a pond where the Big Thompson river makes a -90 degree turn and washe_. out County Road 15-1 /2 periodically. No damage or chancres will be inflicted upon the Big Thompson River. Mining will come no closer than 200 feet of the river except at the southeast end where the pond is to remain. See Exhibit 3 for further explanation. The Corps of Engineers has been notified and accompanied on an on-site inspection. Permission of all -activities to taF:: place has been granted. D-2 EXHIBIT E F2EGLAMAT"TI MM 1 PLAN The landowner chooses to remove the sand and gravel before reclaiming the site :into a wildlife habitat and pasture land use area. The proposed post-mining land use is compatible with the surrounding land uses in the vicinity. The land is too saturated to be productive agriculturally. The reclamation plan includes adding four ponds to the site, creating aesthetic characteristics and wildlife habitat, desired by the landowner. Implementation of the reclamation plan of the affected land as it relates to wildlife, air, water , vegetation, and soil is as follows. gradncA There will be eery little overburden in this operation. Any overburden that is back-Filled for shoreline stabilization will be adequately compacted by machinery movement. Grading will be done in a manner preventing any erosion or siltation of the affected lands. There are no toxic or acid producing materials associated with the mining operation. shoreline stabilization will be completed as soon as feasible after the mining process. No refuse will be mined. There will be no drill or auger holes, addits or shafts constructed in this operation. Grading will provide a slope of 1 from the undisturbed terrain from 5 feet above to 10 feet below the expected water line. As shown on the Reclamation Plan Map, irregular shorelines will be created.. Reclamation will not involve agriculture or horticulture. E-i Water Disturbance to the hydrologic balance will be mi ni mi zeu by: ( 1 ) Compliance with applicable Colorado water laws and regulations governing injury to existing water rights. (.,_') Compliance with applicable Federal and Colorado Water Duality Laws and Regulations. NE-DES not recui r ad. ( ) Compliance with applicable Federal and Colorado dredge and fill requirements. Dredge and ,rill is not part of this operation. (4) No temporary or large siltation structure will be a part of the mining or reclamation plan. See -Exhibit a for further hydrology information. W iii l d l_ij e All aspects of the mining and reclamation plan take into account the safety and protection of wildlife on the site. Habitat management and creation is not to be part of the reclamation plan, although the landowner is offering a more diverse environment, providing protection and improvement of wildlife habitat for both game and non-game species. i wo marshy areas with cattails and rushes exist on site. Then will remain, mining around them, to achieve the final aesthetic characteristics desired and not to disturb the wildlife habitat. Cottonwood trees within and surrounding the permit area will. remain. A protected water fowl perini•aula will be established by installing a fence on the North side of Phase I , as shown on the Reclamation Plan Map. The Colorado Division of Wildlife has been contacted to obtain their recommendations and evaluation of this site before and after mining operations. See Exhibit H for further wildlife information ,. E-2 t oo of 1.1-n-e About 833 yds3 of topsoil will be removed each year for the one-half acre of shoreline reclamation. At initiation of mining it wi 11 be stockpiled, and replaced at termination of mining each year. Topsoil l is not expected to remain stockpiled for more than one growing season. 1T for so unforeseen.. .. r . _ s some t..rr+ . . r s-.:�:�.trn reason s 1 t' doe_, it will oe seeded with a fast growl ne vegetative cover to remain free of wind and water erosion and any contamination or deterioration. There is no woody vegetation within the area to be affected. Existing grassy vegetation will be incorporated into the topsoil . The temporary stockpiling of topsoil will be in narrow low berms for wind and water erosion protection. The Location, shown on the Mining Plan Map, allows no disturbance by ongoing mining operations. Once stockpiled, the topsoil will be handled as little as poeei bl e, or not at a:l l , until replacement on the shoreline.. Replacement of topsoil will produce optimum tilth th for seed application. Compaction will be adequate to provide stability on slopes. The topsoil replacement will be done in an even manner to a 10-12 inch depth. Fertilizer, mulch, or other soil amendments will be added if determined necessary after- analysis of composite soil samples. Fertilizer and mulch is included in the reclama- tion costs. Revegietat i on The shoreline of each pond is to be revegetated as part of the Reclamation Plan. The only other area to be seeded is the plant site. Drill or broadcast seeding will be done in the late fall or early spring to ensure maximum advantage of soil moisture availability when germination occurs. The following seed mix is proposed to ensure the greatest probability of success and is based on environmental and biological factors common to the site. The mix provides ;or a diverse and long lasting vegetative cover. 8peci e Lbs. F'LS/Acre Seeds/+t2 Sw:i tchgrass 1 . 1 10 Western wheatgrass 1 . 8 5 Alkali sacaton . 15 b Tall wheatgrass 3. 3 b Vetch ( . . Americana) 8. 0 ee 14. 35 If broadcast , double the amounts. Provision of an i ncreased aquatic habi tat :includes randomly transplanting cattail tubers and rushes within a few feet of the expected water level . Once growth is stimulated, they will spread naturally. There is more than enough cattail and builrush vegetation on site to provide for transplantation each year. Cattails have tubers and some rushes have tubers - others nave roots and modified roots whi-ch allow for easy transplantation and growth success. Cattai 1-s will grow 1 to 1-1/2 feet deep and rushes will grow a little deeper into the water. After consulting with the Division of Wildlife, revegetation of shoreline to provide an aquatic habi tat is basically restricted to this proposed method. The plant species are native to the region and :kill rapidly establish a diverse, effective, and long-lasting vegetative cover capable of self-regeneration. Time of planting will be consistent with time of planting the seed mix on the shorelines. At the time of topsoil replacement, fertilizer or other soil amendments will be added if determined necessary after analysis of composite soil samples. Mechanical means will be used to control weeds if they become a significant (30X) part of the plant community. Fire 1 anes will not be required since the area is not forested. There will be no deposits of disposal of refuse. No adverse chemical , physical , or surface features are expected. Implementation of the reclamation procedures and mixes pro- posed here will provide ponds with properly sloped and stabilized irregular shorelines commensurate with the intended post-mini-ng land use. The proposed reveeetati.on plan will provide a near natural (native) plant community exhibiting species diversity and composition. This is expected to increase the value of this site for both wetland and open1and wildlife. E-4 Timetable Reclamation will be continuous throughout the mining opera- tion. As the shoreline is _created and mining progr-igsses, the topsoil will be replaced along the banks and seeded as soon as practicable. The first year, approximately 900 lineal feet of shoreline will be created and approximately 454.E feet per year thereafter . Wi rJth of shoreline for reclamation is calculated at 50 feet . Final gra i i.nQ will be a 7h: 1 r slope rom the undisturbed area t;: .1: feet below the estimated waterline. Seeding, fertilization. r-evegetation, -,nd topEo.iling have been previously discussed in this section. E X 1--i r e rr CL-ANuon a NI PLAN! 19AP The -Reclamation Plan Map pp a Ear= on Sheet ._. o+ .... F-i E X I-4 I Eg I T G WATER IN F-C3 1 'I TIC) The proposed mining operation will not affect the surface or groundwater systems in the area. Water requirements .for the f::r✓po'_ed ope at:f. oni consist of dust st.1Ooressior for haul reads and gravel washing. An estimated 5'O dal .i. cns per day will be used for dust suppression. Operating 201:) days per year., the operation will require approximately . 3 acre feet per year for dust suppression. Operations require about 600 gallons per minute (GF'M) for washing sand and gravel . Erased on requirements of similar operations, approximately 10 percent of the wash water- is lost due to moisture in the aggregate, spray losses, leakage and sediment pond evaporation. This 10 percent loss equals 60 GPM or 29, 300 gallons per day. When washing will be required, approximately 50 operating days per year, b hours per day, water use will be 3. 3 acre--feet per year. Total water requirements for the operation is then approximately _. 6 acre-feet per year. A well permit has been appli-ed for. All discharged water for recycling will be pumped into the sediment pond, to be constructed at the plant site. As a part of reclamation, a pond is to be constructed' at the southeast portion -of Phase I I . The pond will alleviate the water flow :velocity which constantly erodes and washes our the existing stream channel . A new stream channel will not be cut or relocated. Water will proceed within the existing channel . The pond will absorb the force of the river, eliminating the need for the river to seek new channels of Less resistance causing overflow damage each year. No damage or changes will be inflicted upon the Big Thompson River. The Corps. of Engineers has been notified and accompanied on an on-site inspection. Permission of all activities to take place has been granted. Table G-1 shows all permitted and adjudicatet wells in the area of the proposed operation. None of these wells are expected to be affected by operations. z-1 TALE G-1 Appro- Name of Well Permit Depth Yield priation Location Well Owner Number (Ft. ) (GEM) Date Number* Amen & Fite Farms 1-62-01473ER 24 200 1 Culver, Emma 1-62-100929A 40 30 . 11-14-78 2 Conway, Michael and Ann 1-62-078384 25 15 06-0l-75 3 Se1ey, Clay i-62-006548 400 28 07-06-50 4 Seley, Clay 1-62-006558 300 29 07-00-56 5 Fahrenbruch, Harold 1-62-001024 324 3 04-ES-58 6 5ilzlams. Roger L. 1-62.078522 --- 15 - 7 + Location be number shown on Figure 8-1 • 0-2 N%e \ •� __ �: n .I • •. \Koenig! • _ . r._, _ 19 20 ' ''o 21 2\ eAv'" ' ERMIT - - 1• cN . REASI� 1 G4EE(Er ' o ) 1 � \ • � i \ 4406 .- • _ I #�- N—‘-j1 49¢3 ‘ J 29 28 7 -ma\."- -. : V '°� ; 6r . o 7 30` �� c;• 29 ` , 1`�' — s�/J t�3 � ' • fir. eGS0 _. _ ./.\./.\' Hardman -- _ - an . �/ . 773 • - c ej 1 � _ ass r .....4826 - . 4772 •'•I I -\, �� 8 0 �. ��'/)��/ - � J ' l • V 4, )I is .‘�� 1{ ? Teo• ° .a , ,i 1 .� � .aso3 ��.. 3 i -, te N' p an r. "" 33 32 �r ' 111 • %� �OH MILE WN, I . �,-diiiyea 1 vx�. �� ::\ '.. SCALE: 1'2000' WELLS IN AREA SEE TABLE G-1 FOR WELL OWNERS AND PERTINENT WELL DATA • FIGURE 3-1 G-3 EXHIBIT H IrJ I LDL. I FE I r,1F'C1FCf'-'1AT I aN The land area surrounding the proposed mine site is mainly r auricuJ.tLra.s. use. A variety of eildlife species typical of . j. tivate egricultural and wetlands can be seen in the area. Thi. .ci includes species of small rodents or insectivore`- , cotton- tail , j aCk:r.abbi t.s, squirrels, coyotes, red fox , stripped skunks, deer, and pronghorn. Avian species sighted in the area include ;great blue heron, geese, ducks, pheasants, a variety of egrets, hawks, owls, swallows, and sparrows. Threatened and endangered species, according to the .Colorado Latilong studies may include the White pelican, peregrin falcon (migrant) , and the bald eagle (winter visitor) . The landowner and operator are not aware of any recent sightings. The landowner plans to develop the wildlife habi tat by leaving much area for protective cover, escape cover , and undisturbed nesting area between and around the ponds. The adjacent irrigated cropland, where wildlife obtain much of their food and find protective cover, makes this unit valuable to both wetland and openland wildlife. The intent of future land use is to increase the value of this site, providing a larger and more diverse wildlife habitat. During the operation, there will be a temporary loss of food and habitat.. After mining, the reclamation plan will alter the existing site by providing a larger area of aquatic habitat. Cattails and rushes will be transplanted along the irregular shorelines, which should increase the various puddle duck species. Upon reclamation, a protected water fowl pennisula will be established by installing a fence at the point shown on the Reclamation Flan Map. The proposed mining and reclamation plan is designed to generate minimum impact and restore the site with native vegetation; thereby enabling the return of a similar wildlife population with an :increased aquatic habitat. The Division of Wildlife has been consulted with and an evaluation./inspection report will be forwarded when available. H-1 EXHIBIT I SOILS I N�01[MAT I D1'4 Five soil types occur on site -- aquo:l l s and aquents, gravelly substratum, Paoli loam, 0 to 1 percent slopes, Colby loam, 1 to 3 percent si epes„ Kim :loam, I to 3 percent_ slopes, and K:i n loam, 5 to 9 percent slopes, as mapped by the USDA Soil Conservation Service, Weld County Survey. Aquolls and aquents - 3, occurring on bottom lands and floodplains of streams, are deep, poorly drained soils that formed in recent alluvium. Commonly, these soils have a mottled, mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material and are underlain by ,and or sand and gravel within 48 inches. In places, they have a gleyed layer in the underlying material . The water table is at or near the surface early in spring and recedes to as deep as 42 inches late- in fail some years. The aquol i. s and aquents mapping unit generally have 48 inches of plant growth medium, however,, localized scouring •rrom flooding may have exposed the gravelly subsoil . At the Southeast end of the site lies a small portion of Paoli. loam - 54. This is a deep well drained soil on terraces, formed in alluvial deposits. Typically, the surface layer is grayish brown loam and fine sandy loam ebout 25 inches thick. The underlying material to a depth of Lt) inches is fine sandy loam. Permeability is moderate with a high available water capacity. Surface runoff is very slow and the erosion hazard is low. Colby loam, 15, is a deep well drained soil . I1; formed in calcareous eolian deposits. Typically the surface layer is ;gale brown about. 12 inches thick. The underlying material is very pale brown silt loam to a depth of 60- inches. Permeability is moderate. Available water capacity is high. Effective rooting depth is e0 inches or more„ Surface runoff is medium, and the erosion hazard is moderate. Kim loam, 31 , is a deep, well drained soil on smooth plains and alluvial fans. It formed in mixed eolian deposits and parent sediment from a wide variety of bedrock. Typically the surface layer is brown and pals brown about 12 inches thick. The upper 30 inches of the underlying material is pale brown loam. I-1 Permeability is moderate. Available water capacity is high . The effective rooting depth is bi=g inches. Surface runoff is slow, and the erosion hazard is low. • Kim loam, 34, has a brown and pale brown surface layer about 10 inches thick. Location of this soil is the most valuable piece of irrigated crop land on site. The slope is f percent and less, similar to Kim loam, 1 , not 5 to 9 percent as the soil hurley reports. There is no hazard of potential erosion. Aquol I s and aquents are either extremely y saturated or scoured with very little topsoil . Colby and Kim soils actually have 4 to S inches of topsoil -- reported by the landowner as this used to be irrigated crop land until two years ago. Starting at the :_enter of the site and moving East or toward the railroad tracks, more topsoil becomes available, _possibly concurring with the soil survey report. Topsoil replacement on the shorelines will be at a 1O to 12 inch depth. I EXHIBIT J VEGETAT I © M I iVFC71RMAT I ON Vegetation types usually follow soil boundaries as the aquolis and aquents potential native vegetation is dominated by Alkali sacaton, Switchgrass, and Western wheatgrass. Saltgrass, sedge, rush, and Alkali bluegrass are also prominent. Potential production ranges from 3, 000 to 2, 000 pounds per acre. Switchgrass, Western wheatgrass, Alkali sacaton, Tall wheatgrass, and Tall fescue are suitable for seeding, As site conditions deteriorates, saltgrass, sedge, and rush increase. The soil survey gives no potential native vegetation for the Paoli loam or Kim loam, 31 , soils, and states that these soils are used almost entirely for irrigated crops. Kim loam, 34, potential production is 1 , 800 to 1 , 500 pounds per acre. Colby loam potential production is 1 , 600 to 1 , 000 pounds per acre. Historically, the entire site has been irrigated crop land producing oats and wheat . Presently, Phases I , II , and III are sub-irrigated pasture land supporting a diversity of grasses, some mentioned above. Phase IV is irrigated cheat land. Cottonwood trees line the Big Thompson River, mainly on the South side. Any cottonwood trees adjacent to the river will remain. No mining will occur closer than 200 feet to the river, except at the southeast end where the pond wi 11 remain. The vegetation existing in and around the slough areas can be seen in the following photos (original application only) . Cattails and bul lrush grow in the swampy areas. PHOTO DESCRIPTIONS Sheet 1 Panoramic view from North end of Phase I looking South and East. Sheet__2: View of southern portion of Phase I from mid-east side. Sheet 3: View of southern most end of Phase I . J--1 ExHIEgIT !C CL I MF1TE Climatology data recorded in Greeley for the Department of Atmospheric Science, Colorado State University, indicates that the average annual precipitation is 11 .7 inches and an annual mean temperature of 48. 2 degrees Fahrenheit. Avg. Degrees Avg. Monthly Fahrenheit Rainfall (inches) January 23.9 . 27 February 29. 2 . 28 March 35.0 . 71 April 46. 6 1 . 06 May 57.9 2. 37 June 67.4 1 .71 July 7.3. 6 1 . 30 August 70. 7 September 61 . 4 1 . 25 October 50.4 . 75 November 35. 2 . 39 December 27.6 __ .29 Annual Mean 48.2 11 . 70 K-1 EXHIBIT L IRECLAMAT I DP4 COSTS Plant site -- 1 . 5 acres Scarf+v -- IL ac/hr @ 9r;=).QE:, lopxol1inq -- i 1 .,x,1 Ards:'-ic . • 4/'/d 1 “ J5U. tX eec .rir_I rnLtich @ $7(A).0..../acre 4-0.0Q Shoreline - 900 lineal -feet - on(.. acre Topsoil and grade - @ 1 ,613 /d' /ac i 3. 84/ d3 l ,35 .00 Fertilize and mulch 100.00 Transplant and seed __=,t=�:.: OC� Total • • L-:i ExHISIT ii LQCAL_._ GC3N,E-RNi"1ENT AF*RF<C]VAL Local government. ,approval by weld County will be forw rded when available. ih-1 Exi-iieIT IV OTHER PERMITS CR L I CEh1SES NONE `.I-1 • • ExHIEfIT ID LEGAL RIGHT TO -, Na-r The . .ire.- 7,tor .17 thF? legal 1 ':{ . to C... i .. r_• .. .. - i 1. A;;ft.. after' cy ::.'tP fc i :t W.l:•ll'j +:wr' .. Lf ;. t.i .'P1. I :.sY.'i.i •J r:'- C!lail'inL,©- 'iravel it '4r..i:._ ::tit _.pert:x: e_hi._ C :ai - ':.tnc:j r- .7'it t ;.as r.h- L .jai - ....3!Yt to ;nt fir- ,Iii ir.ine ic!' .. _.:lta .-avei ert _hre pr-o^ rty ;,;fie =r'i.b d below: the NW 1: 4 ir•d part.Z on of Lt-a NE 1/4 'ter i..- :_ c-'I 4 ';'edict 29, :.00nS1- ip 5. '•,ortn, P4r.•;,-? .Y._ v t;.t, j:71 7 thj j County , .cl m a...- . Cei4442/Thir—C\ ' 44.-- ._...........___ It -Fd __.C� �r '� 1 . �J .L�t1�� :'l�w` `. w�Cr!1cm X41@ -.his �L Via`' o� - --•- -- 1 __.#1 .„.___.. a i 9'K2- Edtruthzig ..._. , • ..+- t _ammiy=i..::n _xp.r • !_s-1 Exi-ii xT P' AI3a ACEh1T L_PiP4I3C34,4P4EEFRE5 • Edward H, ;and ,.Jacob k::u mm-r t el l n5&y Weld County Road 2---t/4 3ohnsi.:c,wn, Colorado 60534 Emma M. t,t.tl ver and F'aul E. Neub .uer•. Bo . 416 Johnstown, Cc l'Lrado 80534 Emilia M. Culver .;..1 N. Greeley ni.,enue Johnstown, ! wloradc Tollgate rarrns 179 w;.,. Monroe Street Oen er, Colorado 8('2':)9 Len H. and Viola C. Croi-ssant 2613 5 Weld County Road 15 John=-town, Colorado 80574 Emanuel and Evelyn H. Betz 6335 Weld County Road 52-1/4 Johnstown, C-olorado 80574 Einant_ie L and Evelyn H. Betz Route 1 . Johnstown, Colorado 80534 Roder E. and Joyce E. i mundson `5075 Weld County Road 15-1/2 Johnstown, Colorado 80534 �l ber+. S. and Celia L . Challenger F'. 0. Bo:: 448 E .ergr-,en. Colorado 8043≥ ': 1 Hello