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HomeMy WebLinkAbout850659.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR FRONT RANGE SAND AND GRAVEL - 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 13th day of November, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Front Range Sand and Gravel, 5231 East 78th Avenue, Commerce City, Colorado 80022 , for a Use by Special Review for an open-cut sand and gravel operation on the following described real estate, to-wit: Part of the W4 SW4, Section 7 , Township 1 North, Range 66 West; part of the E4 SEQ and part of the NEQ NW4, Section 12 , part of the Wh SE4, Section 1 , All in Township 1 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 Section 24 .7 , 44 . 1 , 44 . 2 and 44 .3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 . 2 of the Weld County Zoning Ordinance as follows: a. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II . Proposed Area "C" of the subject site is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate asO o5` P&oaDI Page 2 RE: USR - FRONT RANGE SAND AND GRAVEL 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 operation. ) b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agriculutral 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 the projected development in the future. d. Area "C" of the subject site is in a Flood Hazard Overlay District area . Development Standard #7 addresses this concern. e. Use by Special Review Standards provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for an 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. 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 Development Standard #2 has been met. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Service Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. Page 3 RE: USR - FRONT RANGE SAND AND GRAVEL 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-695 : 85 : 39. 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 Development Standards. 5 . The applicant shall submit evidence of compliance with Section 44 .4 .10 , Insurance, to the Department of Planning Services. 6 . The Use by Special Review plat shall be amended to show a seventy-five foot right-of-way reservation on the south side from the centerline of State Highway 52 . The plat shall be amended prior to recording the plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D. , 1985 . _,y, BOARD OF COUNTY COMMISSIONERS ATTEST: G l 'N�✓�"`�^^� WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Jac eline Johnson, C airman it,((, (AYE) BY: ti f7)t ��t ck1 ( Gene R. Brantner, Pro-Tem D puty County Clerk (AYE) APPROVED AS TO FORM: C.W. Ki • l j � '. - ii- (AYE) 277 Go � ° Lac 114/ t)7 y Attorpe �� //i % //� Y�LA Y1 Fra Y:mag c,'t DEVELOPMENT STANDARDS Front Range Sand and Gravel USR-695 :85 :39 1 . The uses permitted on the parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed herein. 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 Fort Lupton 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 Colorado Highway 52 , as shown on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress east or west. No more than ten percent of the trips on an annual basis shall be to the west. 4. The applicant shall obtain a State Highway Access Permit and provide a right acceleration lane and a left deceleration lane for traffic to and from the east, according to the Colorado Division of Highways design criteria. 5. The property owner (s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with C.R.S. 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 if required. 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: Page 2 DEVELOPMENT STANDARDS - FRONT RANGE SAND AND GRAVEL A. No fill, berms or stockpiles of sand and gravel shall be placed in the one-hundred-year flood plain of the South Platte River which would obstruct passage of flood flows. 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 applicant shall comply with the design standards of Section 24 .5 of the Weld County Zoning Ordinance. 10 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 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 property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 12 . The Use by Special Review area shall be limited to the plans shown herein 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 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 or operator shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-79 RE: USE BY SPECIAL REVIEW - OPEN-CUT SAND AND GRAVEL OPERATION, FRONT RANGE SAND AND GRAVEL A public hearing was conducted on November 13, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn Shorthand reporter, Val Antuna The following business was transacted: I hereby certify that pursuant to a notice dated September 30, 1985, and duly published October 10, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the request of Front Range Sand and Gravel for a Use by Special Review for an open-cut sand and gravel operation. Lee Morrison, Assistant County Attorney, made this matter of record, stating that the matter was continued from October 23, 1985. Mr. Morrison reviewed the action of that date and reminded the Board that a motion to approve the Use by Special Review was on the floor at the time the hearing was continued. After comments from Gloria Dunn, Planning Department representative, Jerry McRae, Engineer, came forward to represent the applicant. Jerry Rhea, president of Front Range Sand and Gravel, stated that further information had been submitted regarding the problem of traffic on Highway 52. Following discussion concerning the possible reclassification of Parcel B, Ms. Dunn stated that the Planning staff continues to recommend the exclusion of this parcel from the permit area. Considerable discussion was held regarding the access from this proposal onto Colorado Highway 52. Loren Simms, Project Engineer for the Colorado Department of Highways, came forward to answer questions of the Board. He stated that the Highway Department had concluded that accel/decel lanes would not he needed. He also stated that this conclusion did not take into consideration the types of vehicles which would be turning at the intersection, but only the total number of vehicles. Following questions, the hearing was opened for public comment, at which time Chairman Johnson reminded the audience that comments were to he received concerning only two items: the possible reclassification of Parcel B; and the feasibility of acceleration-deceleration lanes. At this time, William Pehr requested a ten minute recess to allow the opposition time to review the recently submitted documents. The recess was granted. Following the recess, testimony opposing the request was received from: William Pehr, who submitted several exhibits; Alvin Dechant; and Richard Fuller, attorney representing Alice Pehr. (Tape Change #85-99) Gerald Dreiling, who farms the property, spoke in favor of the request. When the meeting was closed to public testimony, Commissioner Kirby stated that, having been excused from the previous hearing concerning this matter, he had listened to the tapes of that hearing, and would participate in the final vote. Mr. Morrison reviewed the motion to approve the Use by Special Review made at the previous hearing. Chairman Johnson noted that the motion was made anticipating the reclassification of Parcel B. Following discussion, Commissioner Kirby moved to amend the motion to eliminate any reference to the reclassification of Parcel B. Commissioner Brantner seconded �f � - �L � .." r... L!r.7± ,:moist •_ Page 2 CERTIFICATION - FRONT RANGE the motion and it carried unanimously. Upon Mr. Morrison's recommendation, Commissioner Kirby moved to delete Condition #1 of the Planning staff recommendation for approval. Commissioner Brantner seconded the motion, which carried unanimously. Following discussion regarding the traffic problem, Commissioner Lacy moved to amend Development Standard #4, by adding provision of a right acceleration lane and a left deceleration lane to the east. Commissioner Kirby seconded the motion and it carried unanimously. Commissioner Brantner moved to amend Development Standard #3 by adding, "No more than ten percent of the trips on an annual basis shall be to the west." Seconded by Commissioner Kirby, the motion carried unanimously. Following comments by the various Commissioners, the motion to approve the Use by Special Review for an open-cut sand and gravel operation for Front Range Sand and Gravel, as amended, carried on a roll call vote, with Commissioners Brantner, Kirby, and Lacy, and Chairman Johnson voting aye, and Commissioner Yamaguchi voting nay. This Certification was approved on the 18th day of November, 1985. APPROVED: '77 _7. -1-- ' BOARD OF COUNTY COMMISSIONERS ATTEST: /r�“ �v„- r "`1�'u' "t7'1-/ WELD COUNTY, COLORADO Weld County Clerk and Recorder \ — and Clerk to the Board ) ac ne Johns n Chairman • By: \t -"c774�t9u p L-� c.Es+/ Gy� d�/r/Jy��l peputy County Cler ene R. Bra4lfner, Pro-Tem • / C.W. Kirby" 71 Go do c , ac 7 Frank Yamaguc TAPE #85-98 & #85-99 DOCKET #85-79 LHR 2288 -- ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : NOVEMBER 13, 1985 DOCKET #85-79 - USR-FRONT RANGE SAND & GRAVEL (CONT FROM OCT. 23) DOCKET # 85-82 - USR-NATURAL GAS ASSOCIATES DOCKET # 85-86 --AMEND USR - NATURAL GAS ASSOCIATES, INC. DOCKET # 85-83 - SHOW CAUSE - VESSELS OIL & GAS COMPANY DOCKET #85-87 - USR - WILLIAM AND MARJORIE POST PLEASE write or print legibly your name , address and the DOC 4 (as 1__ted above) or the applicants name of the hearing you are attending . 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NAME ADDRESS(% / /// HEARING ATTENDING • Gar u �ctn7 c[G { I jC SBOKQ // SJ/t O S Q United States Soil (gym rl Department of Conservation 60 South 27th Avenue Brighton , CO 80601 \ �% Agriculture Service 659-7004 Y wF November 7, 1985 v /e/l Jerry greiling Freida br�ee—1 ing 4025 We County County Road 23 Fort Lupton, CO 80621 RE: Croft P_..__ -- ai�yc Sand and Gravel Dear Mr. Dreiling: Mike Petersen, S.C. S. Area Soil Scientist, Greeley Colorado, and I made field checks of the piece of property in question in NE* NW* Section 12 , Township 1 North, Range 67 West, as to identification of the map unit (legal description). The soil is mapped as Colombo clay loam, 0 to 1 percent slopes. This, Mike concurred with. Depth to gravel was 28 to 36 inches which is in the parimeters of the mapping unit. There are inclusions of a gravelly ridge, identified as gravel spots on the soil survey sheets. This, Mike also found. Out of the forty acres, there is about thirty-five acres identified as prime farmland, when irrigated. This is according to the criteria used by the S.C . S. in classifying land. This piece of property is referred to on sheet 30 of the Weld County, Colorado Soil Survey (Southern Part) . Sincerely, r).7 rd,- / / Roy 0/ Bell District Conservationist c.c. Ms. Gloria V. Dunn, Current Planner Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 '4.3'1," O.; Wald eft Plani:iu Crrmniess�a,� ;4 _ { 96 SOIL SURVEY ii ti TABLE 5.--YIELDS PER ACRE OF IRRIGATED CROPS [All yields were estimated for a high level of management in 1975. Absence of a yield figure indicates the crop is seldom grown or is not suited] i I Soil name and Beans, map symbol Alfalfa haylSugar beets Corn Corn silage dry pinto ; Onions Potatoes Ton Ton Bu Ton --r- -- Lb ' Sack Cwt 11 1, 2 5.0 i 23 160 33 2400 525 325 Altvan Aquolls 4 ___ ___ ___ ___ ___ ___ ___ Aquolls Ascalon 6 ___ ___ ___ ___ ___ ___ ___ Ascalon 7 ___ ___ ___ __- ___ ___ ___ Ascalon 8 5.5 24 180 35 2700 550 350 Ascalon 9 5.5 23 160 33 2400 525 325 Ascalon 10 ; 2.5 ; ___ 50 ___ Bankard 11 ; 5.5 ; 24 180 35 2700 550 350 Bresser 12 ; 5.5 23 160 33 2400 525 325 Bresser 13 ; --- --- --- --- -- ___ Cascajo 14 5.5 24 180 35 2700 --- --- Colby 15 5.5 23 160 33 2400 --- --- Colby 16 4.0 18 100 23 1800 --- --- Colby 17 3.0 --- 80 20 --- --- --- Colby i8 --- --- --- --- --- --- --- Colby 5.5 24 170 35 2700 550 350 •olombo 20* 5.5 23 160 33 . 2400 525 325 Colombo 21 5.5 26 170 33 2400 525 3?5 Dacono 22 5.5 25 150 30 2400 525 325 Dacono 23 5.5 24 180 35 2700 550 --- Fort Collins See footnote at end of table. Y EXHIBIT IN RE: APPLICATION OF FRONT 3 Sc RANGE SAND AND GRAVEL AFFIDAVIT William Pehr of lawful age, being first duly sworn upon his oath, doth depose and states as follows: 1. He has resided at 11222 Hwy 52, Fort Lupton, Colorado, since 1970. Affiant further states that since 1963 he has farmed the Southwest Quarter of Section 1 ,Township 1 North of the 6th P.M., said Southwest Quarter lying immediately joining Parcel A and B, as described in the application of Front Range Sand and Gravel. 2. That in the span of approximately twenty-two (22) years Affiant has had the opportunity to observe farming practices and the crops grown on Parcel B of the application of Front Range Sand and Gravel. 3. That the crops grown on said Parcel B were usually of good quality and in abundant quantity when cared for with good farming practices until farmed by Dreilings. 4. Affiant further states that in the past six to seven years he had occasion to observe the farming practices of Parcel B as pursued by Mr. and Mrs. Jerry Dreiling. That said practices of Dreiling were inconsistent with good farming practices, in that Dreilings have permitted thistle and other noxious weeds to grow in and amongst the alfalfa and have failed to water said alfalfa when water was needed, resulting in a reduced crop. 5. Affiant states that he has an alfalfa field adjoining and it yields approximately five and one-half (5 1/2) tons of alfalfa annually in soils that are the same as those contained in Parcel B and the land on Parcel B would produce five to five and one-half tons of alfalfa annually, if the land were farmed in a manner consisent with good farming practices. FURTHER AFFIANT SAYETH NAUGHT 2-7 7i_, STATE OF COLORADO ss COUNTY OF ADAMS The foregoing AFFIDAVIT was subscribed to and executed by William Pehr this t lda of November, 1985 . My Commission expires dc--t J -;144 ( //IJ��I��� /� / / 6tVel '/l e ahc.j /G,�-a.k Ave 2c IMPORTANT FARMLAND INVENTORY COLORADO Prime Unique State Importance FARMLANDS Local \ Importance Prime If Irrigated SOIL CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE DENVER, COLORADO OCTOBER, 1982 EXHIBIt 0 i1/l3/6. APPLICATION OF IMPORTANT FARMLAND INVENTORY The major objective of the nationwide Important Farmlands Inventory is to assess the quantity, quality, location and distribution of lands having the potential to meet current and future needs of our nation, the states and local communities. Our nation is blessed with millions of acres of high quality soils and favorable climatic conditions that produce food and fiber in excess of our nations needs. Rapid improvement in soil and crop management practices have created a situation which may appear on the surface that concern for perserving good farmland would not be justified. However, there are many land use changes occurring which are eroding our agricultural production capability -- but occurring in subtle ways. For example, leap frog subdivision development into primarily high food and fiber producing agricultural areas may not remove a large amount of land from production, but conflicts which arise such as bad odors, restricted aerial spraying of crops, difficulty for agricultural service industry to safely deliver fertilizer, seed, etc. , all contribute to a demise in agricultural production activity -- the result being that agricultural services go out of business or move elsewhere. Thus, the producer is left without efficient and economical services-- the end result being a change in nature of ! agricultural production or going out of business. Conflicts, unforeseen by most persons in initial planning land conversions, in the long term, result in rather dramatic impacts on a viable agricultural economy. The issue of agricultural land quality is complex and dynamic. Factors such as quality and quantity of irrigation water, soils, adaptability of crops, diversity in types of agriculture and accessibility to markets, as well as other considerations play an important role in maintaining a viable agricultural enterprise. The information provided in this publication and on the Important Farmland Maps does not address all of these factors. However, it is a necessary step in evaluating the agricultural production capability of a county in terms of kinds, extent and distribution of the agricultural lands. A rapidly growing population and expanding energy development has increased the conversion of agricultural land in Colorado. The trend will most likely continue in the future. The information provided by the Important Farmland Inventory will be used by planners at all levels to assess the rate, amount, and kinds of land conversion taking place. The inventory is useful in determining the impact of extending urban communities into surrounding agricultural lands and in evaluating the impact of losses of irrigation water which often accompanies urban expansion. Various techniques for retaining agricultural lands are in use by different states. Although these may vary in their ability to retain land suitable for production, they all should utilize some method to evaluate the quality of the land they are attempting to preserve. 1 t .. i Actions taken by the Council on Environmental Quality state that, "Federal agencies should attempt to determine the existence of prime and unique farmlands in the area of impact analyzed in environmental impact statements." As a result of this action most federal agencies now require an analysis of the impact of their actions on agricultural land. The Important Farmland Inventory is the means of identifying and locating prime and unique farmland which would be impacted by these actions. Other applications of the Important Farmland Inventory include the use by companies in locating industrial sites in areas which woldohaveies ve the least impact on agricultural land. It is used by mining in complying with mining regulations which require identification and reclamation of prime and unique farmlands. It can be used by utility companies when locating corridors for utility lines. Most of the Important Farmland Maps in Colorado identify lands which would become prime if irrigated with an adequate supply of water. This information will be useful in locating the best lands for irrigation as new water projects are proposed or in relocating existing irrigation systems. Sheldon G. Boone State Conservationist ii I TABLE OF CONTENTS Page 1 INTRODUCTION: COLORADO IMPORTANT FARMLAND INVENTORY 1 CATEGORY DEFINITIONS AND CRITERIA 1 Prime Farmland 1 Unique Farmland 3 Farmlands of Statewide Importance 4 1 Soils Which Would Be Prime if They Become Irrigated 5 Urban and Urban Build-Up Land 5 Water 5 Other Land 5 Farmlands of Local Importance 5 COUNTIES HAVING NO PRIME FARMLAND IDENTIFIED 6 COUNTIES OF COLORADO WITH IDENTIFIED, PRIME FA6i'4LAZCS Adams 3 Alamosa 9 Arapahoe In t axa:rs Sara 12 Bent 13 Boulder 15 Cheyenne 16 Conejos 17 Costilla 18 Crowley 19 Delta 20 Douglas 21 Elbert, Eastern Part 22 Elbert, Western Part 23 El Paso 24 Fremont 25 Garfield - 26 Huerfano. - 27 Jefferson 28 Kiowa 29 Kit Carson 30 La Plata 31 Larimer 32 Las Animas 34 Logan 35 Mesa 37 Moffat 39 Montezuma 40 Montrose 41 Morgan 45 Otero 47 Ouray 48 iii Page 49 Phillips 49 Prowers 52 Pueblo 53 Rio Blanco 53 Rio Grande 55 Saguache San Niguel 56 Sedgwick 57 58 Washington Weld, Northern Part 59 60 Weld, Southern Part 1 63 Yuma EXPLANATION OF FOOTNOTES 64 AVAILABILITY OF IMPORTANT FAMLANDS COUNTY MAPS 65 66 REFERENCES iv COLORADO IMPORTANT FARMLAND INVENTORY Prime Farmland is one of our nation's most important natural resources. When managed properly, this exceptional land can be farmed continuously without degradation. It responds to fertilizers and other soil amendments, and requires less energy input to maintain productivity. However, like other natural resources such as coal, oil, or natural gas , the supply of this land, suitable for food and fiber production, is limited. Under U.S. Congressional Public Law 95-87 (published in the Federal Register January 31, 1978; Part 657) , the U.S. Department of Agriculture, Soil Conservation Service, was charged with the major responsibility for identifying and locating Prime and Unique Farmlands. In addition to these lands, which are considered to be of national importance, the Important Farmland. Program also encouraged the identification of Farmlands of Statewide and Local Importance. Responsibility for identifying and locating these lands are assumed by the State Experiment Station in cooperation with the Colorado Department of Agriculture and Department of Natural Resources - Colorado State Soil Conservation Board; regional } county, and local units of government; and other persons involved in planning the use of land resources. In order to meet these responsibilities , maps showing the location of Important Farmlands were designed for those counties having Prime Farmlands (see Appendix for map availability) . The specific purpose of this publication is to (1) describe the criteria used for identifying the various categories pf "Important Farmlands"; (2) provide a list of soil map units on a county-by county basis that have been identified to date as being Important Farmlands: (3) illustrate ways that the Important Farmland map might be used. CATEGORY DEFINITIONS AND CRITERIA Prime Farmland General. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses (the land could be cropland, pastureland, rangeland, forest land, or other land, but not urban built-up land or water) . It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general , prime farmlands have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. They are permeable to water and air. Prime farmlands are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. 1 S cific criteria. Prime farmlands meet all the following criteria: Pe publications: "Soil Terms used in this section are defined in Survy Manual, Taxonaty, Agriculture Hand Agriculture Handbook 18"; "Rainfall—Erosion Losses from Cropland, Agriculture Handbook 282"; "Rind Erosion Forces in the United 4SStatess and Their Use in Predicting Soil Loss, Agriculture Handbook "Saline and Alkali Soils, Agriculture Handbook 60." 1. The soils have: a. Aquic, odic, ustic, or xeric moisture regimes and sufficient available water capacity within a depth of 40 inches (1 meter) , or in the root zone (root zone is the part of the soil that is penetrated or can be penetrated by plant roots) if the root zone is less than 40 inches deep, to produce the Comnonly grown cultivated crops (cultivated crops include, but are not limited to, grain, forage, fiber, oilseed, sugar beets, sugarcane, vegetables, tobacco, orchard, vineyard, and bush fruit crops) adapted to the region in 7 or more years. out of 10: or b. Xeric or ustic moisture regimes in which the available water capacity is limited, but the area has a developed irrigation water supply that is dependable (a dependable water supply is one in which enough water is available for irrigation in 8 out of 10 years for the crops oaiunonly grown) and of adequate quality; or, (the term adequate supply of water causeder np the text of this report is synonymous with dependable c. Acidic or torric moisture regimes and the area has a developed irrigation water supply that is dependable and of adequate quality; and, 2. The soils have a temperature regime that is frigid, mesic, relic and cryic regimes are excluded) . thermic,Ts or s ilse it a depth of 20 inches (50 cm) , have a mean annual nu are soils re that, at a dap In addition, the mean temperature higher than 32°F (0°C) . summer temperature at this depth in soils with an 0 horizon is higher than 47°F (8°C); in soils that have no 0 horizon, the mean summer temperature is higher than 59°F (15°C) ; and, 3. The soils have a pH between 4.5 and 8.4 in all horizons within a depth of 40 inches (1 meter) or in the root zone if the root zone is less than 40 inches deep; and 4. The soils either have no water tablergrthaverapwaters table to t is ow maintained at a opsficienn depth the area to be grown; and, alloy cultivated crops oommo 5. The soils can be managed so that, in all horizons within a depth of 40 inches (1 meter) or in the root zone if the root zone is less than 40 inches deep, during part of each year the conductivity of the saturation extract is less than 4 mmhos/an and the exchangeable sodium percentage (ESP) is less than 15; and, 2 4 6. The soils are not flooded freguently during the growing season (less often than once, in 2 years) ; and, 7. The product of K, (erodibility factor) x percent slope is less than 2.0, and the product of I (soils erodibility) x C (climatic factor) does not exceed 60; and, 8. The soils have a permeability rate of at least 0.06 inch (0.15 cm) per hour in the upper 20 inches (50 cm) and the mean annualsoil temperature at a'depth of 20 inches (50 cm) is less than 59°F (15°C) ; the permeability sate i8 not a limiting factor if the mean annual soil temperature is 59F (15 C) or higher; and, 9. Less than 10 percent of the surface layer (upper 6 inches) in these soils consists, of rock fragments coarser than 3 inches (7.6 cm) . The following modifications and/or interpretations of the National Criteria for Prime Farmlands were used in Colorado. The soil must have: 1. A developed irrigation water supply that is dependable and adequate to meet moisture requirements 8 out of 10 years and have 4 inches or more available water capacity within a depth of 40 inches (1 meter) , or within the root zone if the root zone is less than 40 inches; 2. A growing season of 90 days or more; 3. No water table or the water table is below a depth of 1.5 feet and drainage is possible; 4. A conductivity of 8 mmhos/cm or less in the upper 40 inches and permeability is greater than .2 inches/hr. (moderately slow or greater) if the slope is less than 2 percent. These soils are considered capable of being managed so that all horizons within a depth of 40 inches (1 meter) or in the root zone if it is less than 40 inches will have a conductivity of the saturated extract of less than 4 mmhos/cm and the exchangeable sodium percentage, (ESP) is less than 15; irrigated soils with bedrock within 40 inches of the surface and soil horizons that have a pH higher than 7.4 are considered as having high conductivity and therefore not prime; S. slope of irrigated prime farmland will not exceed 6 percent. Unique Farmland Unique Farmland is land other than Prime Farmland that is used for the production of specific high value food and fiber crops. It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality and/or high yield of a specific crop, when treated and managed according to acceptable farming methods. Two areas in Colorado are considered Unique Farmlands of National Importance -- the fruit orchards in the Grand Valley and the Delta-Montrose areas, and the seed potato and • fruit and vegetable producing areas of the San Luis Valley. 3 The category, "Prime Farmland," preempts all others. Therefore, only those fruit and vegetable producing areas which are not Prime Farmlands are considered "Unique." iSoil map units which meet the requirements are for Prime imeiFarmland ifsted irrigated with an adequate supply of water in this publication. Farmlands of Statewide Importance These categories of land, in addition to Prime and Unique Farmlands of ood fl Importantewide ce, Criteria the forodefining of food, feed, fiber, forage, and oilseed this land were determined by representatives of the Colorado State and the Experiment Station, the Colorado State Department of Agriculture, Colorado State Soil Conservation Board. Three categories of these lands have been proposed for consideration as being Statewide Important Farmlands. They are: Irrigated Lands (Not Prime) . These are irrigated lands which for do not meet the requirements for Prime Farmlands. one or , lands reasons, agricultural economy However, in this categoryare i important to the in Colorado. Examples of properties which exclude these lands from Prime Farmlands hly i 1) surfaceommon problem along ls which ethegPlattesRiverble to soil Valley, and 2) an is accumulation of soluble salts and/or a high water table which are common problems in some areas these farmlandse Arkansas Valcan ley and aanddinuthesSan Luis Valley. In most instances, drainage improvements or with eh intensive pt erosion f control in dpractices, am greater inputs of fertilizer and soil lose ofnPrimeWFarmlandged intensively, these soils may have yields equal There are certain areas of "Irrigated Lands (Not Prime)" that produce specific crops that have special significance to the agriculture of the state. Although these crops could be grown in many other parts of Colorado, they should receive special consideration when planning and evaluating the agricultural resources of the state. These areas aschave eaaicombination of soils, climate, historic land use and/or geographic eog p contribute to the growing of specific crops in these areas. Examples of these are: mountain hay meadows that contribute tori geaviab,lity of the local livestock industry, fruit and vegetable growing certified fruit and vegetable seed producing areas of the Arkansas, Platte, and Prospect Valleys. (Water S 1 Inade uate) . Some counties have lands Irri awed Land 1 is inadequate to meet identi ie w i are irrigate ut e water supp y the moisture requirements for Prime Farmland. 4 High Potential Dry Cropland. These soils have adequate rmis- ture supply and water holding capacity for an alternate crop-fallow system. They are not salt or sodium affected. When managed properly, they are not highly erosive. Although yield is not used as specific criteria for defining this category, these soils can be expected to. yield 20 bushels of wheat per acre or better under a wheat-fallow rotation. These soils are typically dry cropland capability class II or III. Mast of this land is used for dryland wheat, although grain sorghum, forage sorghum and corn are also grown. In most instances, soils in this category meet the require- ments for Prime Farmland and would become prime if they were irri- gated. These areas may or may not be farmed at the present time. Other Categories Soils Which Would be Prime if they Become Irrigated. This category has not been identified as important farmland of the state. However, it can be useful in updating the Important Farmland maps as land use changes. This category may also be helpful in planning the most beneficial use of water from new irrigation projects. The cri- teria for defining this group of soils is the same as those for Prime Farmlands with the exception that these soils are not present- ly irrigated or are not irrigated with an adequate supply of water. Urban and Urban Build-Up Land. These lands are in urban mgr. or have been platted for subdivisions and will be developed in the near future. Water. These are large, permanent bodies of water. Other Land. These are lands which do not fit in any of the above categories. However, some areas are capable of being used as dry cropland. National criteria for the identification of Important Rangelands or Forestlands have not been developed at the time of this publica- tion. Farmlands of Local Importance In sane local areas there is concern for certain additional farm- lands which are being used for or have the potential for the production of food, feed, fiber, forage and oilseed crops. These lands however, have not been identified as having national or statewide importance. Lands of local importance are not identified in this publication. The identification of this category rust be determined locally, based on the local situation, i.e. , goals of the oomnunity and the significance of various agricultural enterprises in terms of how they compliment each other in maintaining a viable agricultural economy; local food, fiber, and feed supplies, etc. 5 COUNTIES HAVING NO PRIME FARMLAND IDENTIFIED The following counties do not have soils identified eas PrPrime Far land or High Potential Dry Cropland because of cold temperatures emp tt he gory: "Irrigated Lan Irrigated ds Not Prime" and have beows within these en identified the category: as being Farmlands of Statewide Importance. Gunnison County Pitkin County Chaffee County Hinsdale County Routt County Clear creek CountyJackson County San Juan County Custer Eagle outyy Lake County Summit County County Teller County Gilpin County Mineral County Grand County Park County • The following counties do not have 1 of soils identifiedon as rimeHFa Farmland lrn because of lack of an adequate supply they have lands that will be identified as Farmlands of Statewide Importance. There are soils in these counties w i woul e rime if Irri ated with an Ade uate S 1 of Water. A list of these soils is not avai le or olores an incoln Counties. San Miguel County Lincoln County Dolores County Denver County is included in urban or urban built-up land; therefore, no Important Farmlands have been identified in Denver County. Important Farmland Maps were not designed for the above counties because no Prime Farmland was identified. However, irrigated lands , not prime, will occur and can be identified using existing land use maps. 6 amis POTENTIAL PRIME FARMLANDS WELD COUNTY, COLORADO, NORTHERN PART SOILS WITHIN THE. FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. FOOT- SYM- NOTE BOL MAP UNIT NAME * 1 ALTVAN , FINE SANDY LOAM, 0 TO 6 PCT SLOPES 2* 4 ASCALON FINE SANDY LOAM, 0 TO 6 PCT SLOPES * 15 B.RESSER SANDY LOAM, 0 TO 3 PCT SLOPES 17 BUSHMAN FINE SANDY LOAM, 0 TO 3 PCT SLOPES * 23 DACONO CLAY LOAM, 0 TO 6 PCT SLOPES 5 29 HAVERSON LOAM, 0 TO 3 PCT SLOPES * 30 KEITH LOAM, 0 TO 6 PCT SLOPES 2 31 KIM-MITCHELL COMPLEX, 0 TO 6 PCT SLOPES 2 34 MANTER SANDY LOAM, 0 TO 6 PCT SLOPES 36 MANZANOLA CLAY LOAM, 0 TO 3 PCT SLOPES 38 . NUCLA LOAM, 0 TO 3 PCT SLOPES * 40 NUNN LOAM, 0 TO 6 PCT SLOPES * 41 NUNN CLAY LOAM, 0 TO 6 PCT SLOPES 2 44 OLNEY FINE SANDY LOAM, 0 TO 6 PCT SLOPES 46 OTERO SANDY LOAM, 0 TO 3 PCT SLOPES * 49 PAOLI FINE SANDY LOAM, 0 TO 6 PCT SLOPES * 54 PLATNER LOAM, 0 TO 3 PCT SLOPES 2 73 VONA SANDY FINE 61 SANDYLOAM,, 0YTO03M, 0 TO 6 PCT SLOPES PCT SLOPES 75 WAGES FINE SANDY LOAM, 0 TO 6 PCT SLOPES * 77 WELD LOAM, 0 TO 6 PCT SLOPES PORTIONS OF THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF THE FOOTNOTED CONDITIONS ARE MET AND IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. 1 16 BRESSER SANDY LOAM, 3 TO 9 PCT SLOPES 1 18 BUSHMAN FINE SANDY LOAM, 3 TO 9 PCT SLOPES 1 39 NUCLA LOAM, 3 TO 9 PCT SLOPES 1 47 OTERO SANDY LOAM, 3 TO 9 PCT SLOPES 1 74 VONA SANDY LOAM, 3 TO 9 PCT SLOPES 60 POTENTIAL PRIME FARMLANDS WELD COUNTY, COLORADO, SOUTHERN PART SOILS WITHIN THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. FOOT- SYM- NOTE BOL MAP UNIT NAME * 1 ALTVAN LOAM, 0 TO 1 PCT SLOPES * 2 ALTVAN LOAM, 1 TO 3 PCT SLOPES * 5 ASCALON SANDY LOAM, 1 TO 3 PCT SLOPES 2* 6 ASCALON SANDY LOAM, 3 TO 5 PCT SLOPES * 8 ASCALON LOAM, 0 TO 1 PCT SLOPES * 9 ASCALON LOAM, 1 TO 3 PCT SLOPES * 11 BRESSER SANDY LOAM, 0 TO 1 PCT SLOPES * 12 BRESSER SANDY LOAM, 1 TO 3 PCT SLOPES 14 COLBY LOAM, 0 TO 1 PCT SLOPES 15 COLBY LOAM, 1 TO 3 PCT SLOPES * 19 COLOMBO CLAY LOAM, 0 TO 1 PCT SLOPES * 20 COLOMBO CLAY LOAM, 1 TO 3 PCT SLOPES * 21 DACONO CLAY LOAM, 0 TO 1 PCT SLOPES * 22 DACONO CLAY LOAM, 1 TO 3 PCT SLOPES 23 FORT COLLINS LOAM, 0 TO 1 PCT SLOPES 24 FORT COLLINS LOAM, 1 TO 3 PCT SLOPES 5 25 HAVERSON LOAM, 0 TO 1 PCT SLOPES 26 HAVERSON LOAM, 1 TO 3 PCT SLOPES 27 HELDT SILTY CLAY, 1 TO 3 PCT SLOPES * 29 JULESBURG SANDY LOAM, 0 TO 1 PCT SLOPES * 30 JULESBURG SANDY LOAM, 1 TO 3 PCT SLOPES 31 KIM LOAM, 0 TO 1 PCT SLOPES 32 KIM LOAM, 1 TO 3 PCT SLOPES * 39 NUNN LOAM, 0 TO 1 PCT SLOPES * 40 NUNN LOAM, 1 TO 3 PCT SLOPES * 41 NUNN CLAY LOAM, 0 TO 1 PCT SLOPES * 42 NUNN CLAY LOAM, 1 TO 3 PCT SLOPES 46 OLNEY FINE SANDY LOAM, 0 TO 1 PCT SLOPES 47 OLNEY FINE SANDY LOAM, 1 TO 3 PCT SLOPES 2 48 OLNEY FINE SANDY LOAM, TO 5 SLOPES 50 OTERO SANDY LOAM, 0TO 1 PCT SLOPES 51 OTERO SANDY LOAM, 1 TO 3 PCT SLOPES 2 52 OTERO SANDY LOAM, 3 TO 5 PCT SLOPES * 54 PAOLI LOAM,. 0 TO 1 PCT SLOPES * 55 PAOLI LOAM, 1 TO 3 PCT SLOPES 66 ULM CLAY LOAM, 0 TO 3 PCT SLOPES 2 67 ULM CLAY LOAM, 3 TO 5 PCT SLOPES 75 VONA SANDY LOAM, 0 TO 1 PCT SLOPES 76 VONA SANDY LOAM, 1 TO 3 PCT SLOPES * 78 WELD LOAM, 0 TO 1 PCT SLOPES * 79 WELD LOAM, 1 TO 3 PCT SLOPES * 80 WELD LOAM, 3 TO 5 PCT SLOPES 81 WILEY-COLBY COMPLEX, 0 TO 1 PCT SLOPES 82 WILEY-COLBY COMPLEX, 1 TO 3 PCT SLOPES 2 83 WILEY-COLBY COMPLEX, 3 TO 5 PCT SLOPES (more) 61 (CONTINUED) PORTIONS OF THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF THE FOOTNOTED CONDITIONS ARE MET AND IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. 1 16 COLBY LOAM, 3 TO 5 PCT SLOPES 1 18 COLBY-ADENA LOAMS, 3 TO 9 PCT SLOPES 1 33 KIM LOAM, 3 TO 5 PCT SLOPES 1 77 VONA SANDY LOAM, 3 TO 5 PCT SLOPES . 62 Ili EXPLANATION OF FOOTNOTES Footnote Designation * Map unit qualifies as High Potential Dry Cropland. This is a category of "Farmlands of Statewide Importance." ** The soil survey is not completed. The list of soils which meet the requirements for Prime Farmlands will be updated. 1 Portions of this map unit which have smooth, even slopes of less than 6 percent would qualify as Prime Farmland if Irrigated with an Adequate Supply of Water. 2 Small portions of this map unit may exceed the maximum allowable slope range for Prime Farmland or portions may ' occur on ridges where soil erosion criteria is exceeded. These areas would be excluded from Prime Farmland. 3 Portions of this map unit which have been drained and salinity reduced below a level of 4 mmhos/cm would be included in Prime Farmland. 4 This map unit occurs in areas where soils differ greatly over short distances. The map unit is defined too broadly to assign a Prime Farmland designation. Portions of the map unit may qualify as Prime Farmland. 5 Only those portions of the map unit which do not flood frequently are included in Prime Farmlands. 64 AVAILABILITY OF IMPORTANT FARMLANDS COUNTY MAPS Important Farmlands maps at a scale of 1:100,000 are available for most Colorado counties which have prime Farmlands. These maps display information at a scale that is useful on a broad level of planning. Maps are available through the Bulletin Room 171, S.W. Wing, Aylesworth Hall , Colorado State University, Fort Collins, Colorado 80523. Phone (303) 491-6198. Counties for which maps are now available and their costs follows: Adams . . . . $2.50 Kit Carson . . . . $2.50 Alamosa . . . 2.00 Larimer 2 50 Arapahoe . . 2.00 La Plata 2 SO Archuleta . . 2.50 Logan 2 50 Baca . . . . 2.50 Mesa 3 00 Bent . . 2.50 Montrose-Ouray . . 2.00 Boulder . . 2.00 Morgan 2 50 Conejos 2.50 Otero 2 50 Castilla . . 2.50 Phillips 2 00 Crowley . . 2.00 Prowers 2 50 Delta . . . . 2.50 Pueblo 2 50 Douglas . . . 2.00 Rio Blanco . . . 3.00 Elbert . . . 2.50 Rio Grande . . . . 2.00 El Paso . . 2.50 Saguache 2 50 Fremont 2.50 Sedgwick 2 00 Garfield. . . 3.00 Washington . . . . 2.50 Huerfano . . 2.50 Weld 3 00 Jefferson 2.00 Yuma 2 50 Kiowa . . . 2.50 65 REFERENCES County Source of Soils Information Status 1/ Adams Adams County Soil Survey P Alamosa Alamosa County Soil Survey P Arapahoe Arapahoe County Soil Survey P Archuleta Piedra Soil Survey P Archuleta County Area Soil Survey MP Baca Baca County Soil Survey P Bent Bent County Soil Survey P Boulder Boulder County Soil Survey P Chaffee Chaffee-Lake Area Soil Survey P . Trout Creek Area Soil Survey P Cheyenne Cheyenne County Soil Survey MP Clear Creek Fraser—Alpine Area Soil Survey P Conejos Conejos County Area Soil Survey P Castilla Costilla County Soil Survey MP Crowley Crowley County Soil Survey P Custer Custer County Area Soil Survey MC Delta Paonia Area Soil Survey P Delta-Montrose Soil Survey PD Denver MI Dolores San Miguel Area Soil Survey MP Cortez Area Soil Survey MP Douglas Castle Rock Area Soil Survey P Eagle AspenrGypsum Area Soil Survey MC Elbert Eastern Elbert County Soil Survey P destern Elbert County Soil Survey P 66 County' Source of Soils Information Status 1/ El Paso El Paso County Soil Survey P Fzeiront Fremont County Area MP Garfield Rifle Area Soil Survey MC Aspen-Gypsum Area Soil Survey MC Douglas-Plateau Area Soil Survey MP Gilpin MI Grand Grand County Area Soil Survey MC Fraser-Alpine Soil Survey P ` Gunnison Gunnison Area Soil Survey P Taylor River Area Soil Survey P , Paonia Area Soil Survey P Hinsdale Gunnison Area Soil Survey P Piedra Area Soil Survey P i Huerfano Huerfano County Area Soil Survey MC L Jackson Jackson County Area Soil Survey P Jefferson Golden Area Soil Survey MC Kiowa Kiowa County Soil Survey P Kit Carson 1943 Physical Land Survey No. 43 of PD Kit Carson County, Colorado Lake Chaffee-Lake Area Soil Survey P La Plata La Plata County Area Soil Survey MC Larimer Larimer County Area Soil Survey P Las Animas Las Animas County Area Soil Survey MP t VLogan Logan County Soil Survey p 1 Mesa Mesa County Area Soil Survey P Grand Junction Area Soil Survey Liz tMineral Piedra Area Soil Survey P Moffat Moffat County Area Soil Survey MP Montezuma Cortez Area Soil Survey MP Montrose Delta-Montrose Area Soil Survey to Ridgeway Area Soil Survey MP San Miguel Area Soil Survey MP 67 County Source of Soils Information Status 1/ Morgan Morgan County Soil Survey P Otero Otero County Soil Survey P Ouray Delta-Montrose Area Soil Survey PC) Ridgeway Area Soil Survey MP Park Teller-Park Area Soil Survey MI Phillips Phillips County Soil Survey P Pitkin Aspen-Gypsum Area Soil Survey MC Proaers Prowers County Soil Survey P Pueblo Pueblo Area Soil Survey P Rio Blanco Rio Blanco County Area Soil Survey P Rio Grande Rio Grande County Area Soil Survey P Routt Routt County Area Soil Survey MP Saguache Saguache County Area Soil Survey MC MI San Juan San Miguel San Miguel Area Soil Survey MP Sedgwick Sedgwick County Soil Survey P Summit Summit County Area Soil Survey P Fraser-Alpine Area Soil Survey P Teller Teller-Park Area Soil Survey MI Washington Washington County Soil Survey MC Weld Weld County (Northern Part) Soil Survey MC Weld County (Southern Part) Soil Survey P Yuma Yuma County Soil Survery P 1/ P = Modern Published Soil Survey PD = Published Soil Survey/Out of Print MC = Mapping Complete, Publication Planned MP = Mapping for Publication in Process, Cletion Date Set MI = Mapping and Publication Plans Incomplete 68 GPO B37-744 \I"V MARY ANN FEUERSTEIN OFFICE OF WELD COUNTY CLERK AND RECORDER aw4 DEPARTMENT OF CLERK TO BOARD PHONE 13031 356-4000 EXT4k WIER C. P.O. BOX 459 GREELEY, COLORADO 80631 COLORADO November 8 , 1985 Richard Fuller Attorney at Law 3380 West 72nd Avenue Westminster, CO 80030-5375 Dear Sir: On November 8 , 1985 , you and Mr. Bill Pehr were in our office and inquired about Weld County' s policy regarding provision of a copy of a transcript to Clerk to the Board' s Office. Enclosed is a copy of Page 56. 1 of the Administrative Manual concerning Record of Land Use Hearings, a portion of which states: " . . .Should any applicant or interested party to a proceeding wish the presence of a court reporter, that party or applicant shall be responsible for the cost of the appearance fee and any transcripts of the record. The party shall also provide one coy of the transcript to the Clerk to the Board of County Commissioners for its record. " Sincerely, Pi Mary a Feuerstein Weld County Clerk and Recorder Enclosure • • P O L I C I E S A N : P J C E D U R E S -io t '+ Section General Administration' ' i 111 Subject Record of Land Use Hearings Date • WJ" t COLORADO:" 3/13/$5 ,Page 56.1' ' ,=-: • .,.�:., RECORD OF LAND USE HEARINGS- ; _ ':•• `i • ,. '':. 4 • A •record• of Land Use;.. Hearings,. by.. means of • an electronic • recording.unit,••••:• .. '• 1 • •shall be kept. that ie. of sufficient accuracy,to, permit an informed and,.valid.. . judgment to. be made by any person, that may later. be; c ,alled upon': to .review • the record •and render: a-• recommendation_.. or: decisio in the-. matter The Board,. ' at,-••••• its discretion, may`. en• gage•. the',., services f :o_ 4 a•" certified court. . reporter; in''ordeit to make,.a.`record:.of: the proceedings•4,", .= y;�. ;.:• �i " S ,.Y., ss.,' .{',','• .i.•�.k': :;�ti y+'.'. .Yr. }.•(J..�:y�., _�'"�.,_• .r�, _, y � ...-.7:.,:."-t,' .icy �y7r _ • .,h'•Y•.; _ 4, .:x,.. • — - ':�..�. T,a •Ii .•1. Should;'an' app'1fcantw b1C.. ritereste ; party to=a::.. roCeedn `wisk..tfie: presencec::.......1., of:•.i.., courts reporter • that:`. partyt.Kot: applicant shal '_b l�'res onsi1.ble for' the ; . . .' •' . T = coati:.of, the, appearance' fee and, any;,transcripts of:}tie' recordfen-i The,,party, , • shall.'also pr•o•vide :one�•copy• of°' the `transcri•pt'' to the., Clerk 'to '•.the' Board of • ""' • : s�..:' County;Commissioners; for;: its".'record'::':. A.`request> forw",�the'`.services,'Yof. a court Ft# . reporter'ahould,be.made: by 'the--applicant or par ty'•`or his authorized.'agent.• as ; soon�� asp;;isk'practicab•le-b 't.'".ote later. than the.:clos'. ' of 4 business five (5) • �i ;' dayiet prr' ior; to! the: date:,scheduled for the hearing ``•J .... • ....t..,......„,..,,,,,,,„.„.........,. .,„:......... .. ' • o: distributed• rior`.`to:= the.` heari should`', A..` `r Eacli� ub]ir��t`notice.: published t�t. p ins _���•�Y' ,. _ '... .1. `.avr,'c. :;.4v.:. '.'t`�trnY='.J,/.�- (%�.4t, -.,,.::.f.':•y',__ 4 .•a_te essential. .as:. follow'V .- 'i r,;•'ti: ��. :a r,...*'-'.r-i:..•.r:'. • ,.. ..:•tr.k::7i'b::• X. .�'= contain== sentence:�wbic 'at g' s� x. �:^ r�; - ...i%x ., •.T ,ter..:Q�. •wr `, 5-:.._�.s • .. ,. i `� :+• -•.r •°: ` 4+' / i'0 i?; sfiou d'•ti'i` a• pica }'o `an interested. art d re the resence; : " • ,,,i '"•cert e� •� urt-'':'re orter• to make a. record,.'of the. roceeding s`. °t,.. : '=iti.! -"`fit •. o£,'a if i d"cp P. • g s '''+ Board iri addi[io :t......,..............L.....-,,,.,,,.aect record kept b• t• he Cl• erk' to'the • , • Nt, ;s- .di -r. } ' J: r." - a n latei+, than fine:' 5 `��: ,•... -.....:Ti the should•conta• ",:'t,-.• 'Clerk.' ' the Bo rd of ( . . • ,•s; _ e:.co. �:s:.of `en� •agin� a`:.court`'reporter?� -`'•_ g� • .Th c st engaging,:. P._ • � �•''� days` prior-: toy'the hearia :' • `.s._._ `; ,' - ',,i. ,: ''".d 1 e !' 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'� 4 ,4''(�.� ,'F ;�.. �'1^ : 9 .i: 'i• „'. h, r #r.....}'.1,s{o..''t� Jy 5. r _. ,'.;;;.:,0....k,;•,...„ fY '. _wti 4' .• ..1•p.s_�;�' .....ti `��. y '•.1Y'.v^-�.- � ��f� Y •'v... ?,•. .:r•��..•.�f}~i.w`��rl-v i.{- .lr •w• • ..Y V��_-�J' .t. McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development November 8, 1985 PROJECT NO. 85013 Board of County Commissioners 915 - 10th Street WELD CODs COMMISSIONERS Greeley, Colorado 80631 7P5X73 RE: FRONT RANGE SAND AND GRAVEL NOV 8 USR - 695:85 :39 e `/L2i- o, . — GREELEY- COLO. Dear Chairman of Board of County Commissioners, As requested by the Board of County Commissioners at their meeting on October 23, 1985, we submit the following information concerning the access to State Highway No. 52. A meeting was held on November 8 , 1985 with Mr. Loren Simms of the Highway Depart- ment, Mr, Jerry Rhea and Glen Salmans of Front Range Sand and Gravel and Gerry McRae of McRae & Short, Inc. . In review, the information previously presented by the Highway Department (letters of August 20, 1985 and October 22, 1985) and the testimony given at the Board meeting on October 23, 1985 was substantiated. In summary : 1. The present and proposed traffic volume are well below the criteria for any road improvements. 2. An access permit is required by the Highway Department for this access to Highway No. 52. This permit will detail the improvements required and specify the amount and type of traffic use. An increase in "highway traffic" or "access traffic" above the Highway Department standards will require a review and additional improvements. Construction of the bridge over the Lupton Bottom Canal will..-require approval of the Highway Depart- ment, as it is in their Right-of-Way, and approval of the Board of the canal company. 3. The Highway Department cdnnot recommend or fund any improvements that are not required by their criteria and any improvements constructed in their 1 EXHIBIT Right-of-Way must meet the established criteria. The addition of accell- - eration , decelleration and turning lanes at this location would require Board of County Commissic -s Novem"er 8, 1985 PR0JL_ NO. 85013 widening of Highway No. 52 for a total length of about 4000 feet and widening of the Lupton Bottom Canal bridge under Highway No. 52 about 300 feet West of the property. The estimated costs for this construction would be $175 ,000.00 to $250,000.00 for the roadwork plus an additional $50,000.00 to $100,000.00 for bridge work a minimum total of $225,000.00 to $350,000.00. This does not include any additional Right-of-Way or relocation of the Lupton Bottom Canal , if required. These costs do not make it feasible for the operator to make these non-required improvements. The operator is proposing a standard highway approved access onto the highway. This would consist of the new 35 foot long bridge to provide a 27 foot wide access road and 50 foot return radii . The approach would be paved from the highway shoulder to the Right-of-Way line. The operator would additionally extend the pavement into the project area where dust control and load settlement are of concern. Signing for traffic control will be installed as recommended by the Highway Department. Additionally, the operator intends to continually impress on his drivers the need for caution and good driving etiquette at the entrance. the operator requests that the commissioners review the entrance proposal in light of the above considerations . If the County or others have specific requests for review of traffic signing, speed control or other matters regarding the operation of Highway No. 52, the Highway Department has full authority and procedures for making such reviews . If you have any questions , please call any of the above listed individuals . Respectfully, ovIIVIIVIIllorpt It..?.;;;To McRae j Short, inc. .� •e _ to 6616 Tri Gerald B. McRae , Professional Engineer and Land s ., •��• •�•. Surveyor, Colorado Reg. No. 6616 ?ii�iommmilow ANDFos�s cc : Loren Simms Jerry Rhea • 2 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 desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-79 Front Range Sand and Gravel 5231 East 78th Avenue Commerce City, Colorado 80022 DATE: October 23, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Open-cut sand and gravel operation LEGAL DESCRIPTION: Part of the W} SW} , Section 7, Township 1 North, Range 66 West; part of the E} SEi and part of the NE} NW} , Section 12, part of the W} SE} , Section 1, all in Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: September 30, 1985 PUBLISHED: October 10, 1985, in the Johnstown Breeze ,EX/1/E/T Mona Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, AFFIDAVIT OF PUBLICATION a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Dalorado?'Wold•Count Centennial' Center, 915 10th. THE JOHNSTOWN BREEZE Street, First Floor, Greeley, - Colorado, at the time specified. STATE OF COLORADO 1 All persons in any manner • ) SS interested in the Use by Special Reviews are requested to attend COUNTY OF WELD 1 and'may be heard.. • Shoultl the applicant 'Dr any • I, Clyde Briggs, do solemnly swear that I . interested party desire the am publisher of The Johnstown Breeze; presence of a court reporter to that the same is a weekly newspaper make a record of the pro- ceedings, printed, in whole or in part, and published ich will btkkoep@during in the County of Weld, State of olorado, • the hearing, the Clerk to the Board's Office-can be contacted and has a general circulation therein; that for a list of court reporters in the said newspaper has been published area. If a court reporter is obtained,the Clerk to the Board's continuously and uninterruptedly in said Office shall be advised in writing County of Weld for a period of more than prior to of such action at least five days hehearing. h The ct rsll fifty-two consecutive weeks prior to tile engaging court be borne by the requesting party. first publication of the annexed legal notice BE IT ALSO KNOWN that the or advertisement; that said newspaper has text and maps so certified by the been admitted to the United States mails as Weld County. Planning Com• second-class matter under the provisions of mission may be examined in the office of the Clerk to the Board of the Act of March 3, 1879, or any County Commissioners, located • in the Weld County Centennial amendments thereof, and that said Center, 915 10th Street, Third is a weekly newspaper ddulyFlow, Greeley, Colorado. newspaper DOCKET NO. 85-79 - qualified for publishing legal notices and advertisements within the meaning of the APPLICANT Sand Front Range laws of the State of Colorado. and Gravel - That the annexed legal notice or advertise- 52 Com7h Avenue meceetCity.Colorado ment was published in the regular and . 80022 entire issue of every number of said weekly DATE: October 23, 1985 newspaper for the period of 1 consecu- TIME: 2:00 RM. live insertions; and that the first publication of said notice was in the issue of REQUEST:- Opeencutbysa Spacial said newspaper dated ( ° A.U. 1!,9S gravel operation and that the last publication i of said notice LEGAL DESCRIPTION: Part of was in the issue of said newspaper dated the W+h SW4,.,Section 7, town- , A.D. 19 ship 1 North, Flange 55 West; part of the E'h SE' •and part of - In witness whereof I have hereunto set the NEw NW., Segtten 12, part my hand this 1 7 clay of .¢.r t of the WA SE'A,Section 1,all in Township 1 North, Range 87 eft,of the e P.M. Weld- A.D. 19.?s County, Colorado BOARD OF COUNTY COMMISSIONERS BY: MARY ANN C., PUhI1ShL'i' • FEUERSTEIN COUNTY CLERK AND -RECORDER AND CLERK . TO THE BOARD -- Subscribed and sworn to before me, a BY: Mary Reiff, Deputy Notary Public in and for the County of DATED: September 30, lees. . Weld, State of Colorado, this ..<17.... day of ..g A.D. 19a2S.—. PUBLISHED: October 10, 108.4.- in the Johnstown Breeze Notary Public My commission expires fly Cc -: ,,. , or June 14, 1937 2 "I ' DATE: September 30 , 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 23rd day of October, 1985 , at 2 :00 P.M. Docket No. 85-79 - Front Range Sand and Gravel, USR - Open-cut sand and gravel operation Docket No. 85-80 - Bernard and Cheryl Hoogland, USR - Livestock confinement operation OFFICE OF THE CLE C TO THE BOARD BY: �i/'G� 5, / 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 7 /: / /i/ Summary of the Weld County Planning Commission Meeting September 3, 1985 Page 9 The Chairman asked Mr. Yarbrough if he has read the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He stated he has and has no objections to them. MOTION: Bill McMurray moved Case Number USR-696:85:40 for Jesse L. and Peggy J. Yarbrough for a Use by Special Review permit for a horse training and boarding facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and development standards as outlined by the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Doug Graff. 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; Doug Graff - yes; Lydia Dunbar - yes; Don Johnson - yes; Bill McMurray - yes; Louis Rademacher - yes; Ann Garrison - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. REQUEST: A Use by Special Review permit for an Open—Cut Sand and Gravel Operation LEGAL DESCRIPTION: Part of the Wk SW4, Section 7, TIN, R66W; part of the Ek SE', and part of the NEk NWT, Section 12, part of the W1/2 SEA, Section 1, all in TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile west of Fort Lupton; south of State Highway 52 and west of U.S. Highway 85 APPEARANCE: Jerry McRae, P.E. , McRae and Short, Inc. , represented the applicant. The original plan use has changed because of the recommendations of the Mined Land Reclamation Board. There are three areas in this proposed project. The area was selected because of the location. It sets back from U.S. Highway 85, and is screened by Cotton Wood trees. There is a high quantity of gravel underneath the property. The mining operation would take approximately eighteen to twenty years to complete. Front Range Sand and Gravel will build accel, decel lanes for the truck traffic turning in and out of the property, as recommended the Colorado Department of Highways. Only parcel C is in the flood plain. The nearest house from the proposed exit onto Highway 52 is approximately one thousand feet away. Summary of the Weld County Planning Commission Meeting September 3, 1985 Page 10 Jerry Rhea, Front Range Sand and Gravel, reported they will produce about two hundred thousand tons of gravel per year, or thirty-six truck loads per day. There would be a maximum of fifty to sixty trucks per day under full production, which is based on two hundred and twenty-two working days per year. The Chairman called for discussion from the members of the audience. William Pehr, adjacent property owner, spoke in opposition to the request because of the increased traffic on Colorado Highway 52, dust, and noise. Juan Nolasco, surrounding property owner, spoke on the size and speed of the trucks, and the increased danger to people who live in the area because of the increased truck traffic. David Pehr, Attorney, represented his mother, Alice Pehr. He spoke in opposition to this request because of the increased truck traffic, danger to the residents of the neighborhood because of the increased truck traffic, noise, dust, and a decrease in land values. Francis Weiland, surrounding property owner, spoke of the danger the increased traffic and heavy trucks would pose to residents and children of the neighborhood. Alvin Dechant, surrounding property owner, spoke in opposition to this request because he has farmed some of the land on this parcel of ground and he felt the smaller parcel is good farmland. He is also against the increased traffic that would use Colorado Highway 52. Larry Scott, surrounding property owner, spoke against this request not only because of the increased danger to the residents of the neighborhood by the heavy truck traffic, but because of the size and weight of the trucks it is not possible to stop quickly. Also, the danger to the children in the area riding the school buses and bicycles are also in jeopardy. Vincent Phelps, Attorney, represented the property owners. He presented a deed which covers an access entrance from the property off of Colorado Nighway 52. This was retained for evidence. The Chairman asked Gloria Dunn to read the recommendations, conditions, and development standards into the record. Summary of the Weld County Planning Commission Meeting September 3, 1985 Page 11 MOTION: Paulette Weaver moved Case Number USR-695:85:39 for Front Range Sand and Gravel for a Use by Special Review permit for an Open-Cut Sand and Gravel Operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based not on the mining plan, but concern for the safety and welfare to the inhabitants of the area due to the increased traffic on Colorado State Highway 52. Motion seconded by Jack Holman. He stated that ordinarily he is not against a mining operation of any kind since he feels that gravel mining has a priority, but because of the concern of the neighbors this is ore of those times when he will vote against allowing a gravel operation. Also, because the city of Fort Lupton, even though this may not be in their comprehensive plan area, has recommended denial. These are two reasons he is seconding the motion for denial. The Chairman called for discussion from the members of the Planning Commission. Discussion followed whether this motion was for denial of Area B as recommended by the Department of Planning Services or denial of the entire request. The motion is for denial of the entire request. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Don Johnson - no; Bill McMurray - No, because he feels the staff's recommendation was correct. He goes along with approval of A and C being approved for a mining operation and area B not being mined. Louis Rademacher - yes; Ann Garrison - yes; Jack Holman - yes; Sharon Linhart - No, she feels that the staff recommendation addressess the concerns of the referral entities and the welfare of the neighbors, particularly with regard with State Highway 52. The State Highway Department's requirement for acceleration and deceleration lanes could have taken care a large part of the danger here. Motion carried with six voting for the motion and three voting against the motion. The meeting was adjourned at 5:35 p.m. Respectfully submitted, 1501, 4. x. Qooa Bobbie Good Secretary .;re \ 0.1(41; OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EX1. 4200 P.O. BOX 758 GREELEY,COLORADO 80652 C41101 eatr e60MISSI 7�s COLORADO rac- ` September 9, 1985 8EP 2 6 Front Range Sand and Gravel 5231 East 78th Avenue Commerce City, CO 80022 Dear Sirs: Your application for a Use by Special Review permit for an open-cut sand and gravel operation has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Part of the W}SW} , Section 7, TIN, R66W; Part of the E}SEi and Part of the NE}NWL, Section 12, Part of the W}SE} , Section 1, all in T1N, R67W of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by September 27, 1985. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORA • DO O ' ' ( C", h�\J j CHAIRMAN I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. /ti '-G __J. . (-- a/,..,/,‘) .6744-)74Ja re,b/ /T C%-,2J-- (5-1, i 41r tit OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000. EXi. 4200 R\ IIIIIIIII F . ROX?58 GREELEY,COLORADO 80632 WI O i COLORADO September 9, 1985 Front Range Sand and Gravel 5231 East 78th Avenue Commerce City, CO 80022 Dear Sirs: Your application for a Use by Special Review permit for an open-cut sand and gravel operation has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Part of the W}SW}, Section 7, TIN, R66W; Part of the ESE and Part of the NE}NW}, Section 12, Part of the W}SE}, Section 1, all in TIN, R67W of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by September 27, 1985. If we are not in receipt of your request by that date, the matter will be considered closed. •'. Sincerely, BOARD OF COUNTY CONNISSIONERS WELD COUNTY, COLORADO qt oytJn i V CHAIRMAN I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. EX/-778/7- c P 079 493 603 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL '0.... Oeai.eine FRONT RANGE SAND & GRAVEL 5231 EAST 78TH AVENUE COMMERCE CITY, CO 80022 Postage $ . si1r:a C•s14_ism 7,xis and 4. * Certified Fee Put your e4Atea in the'IRETURN TO"apace on the revetaa aide.Failure do Oda ma prevent this cud tram Special Delivery Fee V -belly returned to i • tyi4ed-. .end thedete of Restricted Delivery Fee sa ' Iowltq N• a �.C4DMWt for lees and Mack ti6aNs) Return Receipt Showing to whom and Date Delivered § 1. Show l�l to whom,data end address of delivery. n Return receipt showing to whom. �$ A Date,and Address of Delivery 2. 0 Restricted Delivery. el m TOTAL Postage and Fees $ . .31, a SAND tVEL d Postmark or Date 31 EAST 78TH AVENUE m 7/7/0e: - LL • � a 4. Type of Service: Article Number �l ❑ stared ❑.Inwnd CertifS MOD ❑ Express Mail "3-dos Always obtain signature of addresseeor agent and ...DATE DELIYERL[I M ai S. Slptiitubm 6. ' BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: PPP CASE NUMBER: USR-695:85:39 ` 6 NAME: Front Range Sand and Gravel SEP as yOOpht. ADDRESS: 5231 East 78th Avenue, Commerce City, Colors GHEELEY. COLO. REQUEST: A Use by Special Review permit for an open—cut sand and gravel operation LEGAL DESCRIPTION: Part of the Wk SW1, Section 7, TIN, R66W; part of the E SEk and part of the NEB NWk Section 12, part of the W' SE', Section 1, all in TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile west of Fort Lupton; south of State Highway 52 and west of U. S. Highway 85 be recommended unfavorably to the Board of County Commissioners for the following reasons: Not based upon the mining plans, but out of concern for the safety and welfare of the residents of the area due to the increased traffic on Colorado Highway 52. Motion seconded by Jack Holman. Vote: For Passage Against Passage Paulette Weaver Don Johnson Doug Graff Bill McMurray Lydia Dunbar Sharon Linhart Louis Rademacher Ann Garrison Jack Holman 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. Cxr!/B/7 USR-696:85:40 Front Range Sand and Gravel September 3, 1985 Page 2 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 September 3, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 4th day of September, 1985. Qmom. C\poat Bobbie Good Secretary TYVE`ITORY OF ITEMS SUPMITTED FOR CONSIDEFATION ps' Case Number 2.13 /C 2 626:9 d -37 Submitted or Prepared Prior , / to Hearing Pt Hearing 1. Application c-� 6 Pages 4 2. Application plat(s) �S page(s) 1' 3. DPS Referral Summary Sheet / 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6/7 / 6. DPS Mineral Owners Mailing List �j 7. ,_J DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing ✓ 9. DPS Case Summary Sheet 10. DPS Field Check / _ / 11. Op-/2-k I'1- .t 0 1`Oni..d-o lit Pro M (ou -7k ate_ tz L1- a 12. re ti Ll iv ete3:0,3r I�1L^` �!jepSa e 13. ig 7 Leg t /LO-71, /eeZ-c j f'11-/ v_i/e /E+-L-p1 V 14. F✓Lit�i 4.. y, /}/GLee- �. OC)a3 a t / .f/,20„Es�V . / p V 15. �2,.ri .a-'Gr, jt . t ti-PC-ii'C . 16. ttt fit— LW-el 1---,23 64//19 09"0044A-1-0,.GO s-27 17 17. NJQ,Q.d : C / s 0005- �00/c /� • f• 18. 19. 20. I hereby certify that the / :7 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further c tify that these items wer(forwarded to the Clerk to the Board's office on //91b 12 19 Current P anner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS b — DAY OFIno1!:Nvy ,ow... 19%g , SEAL k \a -L 9A' NO ARY PUBLIC ,--,,,,,a, /7 MY COMMISSION EXPIRES My Commission Expires Feb. 13, 1989 C EXHIBIT INVENTORY CONTROL SIM' Case L25 J/rd7>, / )Gnto, Exhibit ®® Submitted By Exhibit Description L c // rit rai 46 B. T��// j?p erriilTto,e_win ez-o- tZ� /tetn2nr ai.2�a lcmt, c. &a2 % Vim'- 4V/ _-.7 /Z0/ D. / oiJ 17' 6 E. �yu� � isa��•� .2 ,2".. _43747-44 - F. .14 �� �' a/U? /y/.f - G. .hn f 4,G6 Artvp V VlI p �,��,,�n II. J_�+�.r / W' " Cci/, I. att., ti - CCC K. i710.frle .% to - 1 r y s L. r 6/1A, 7 G. i. 4rd M. ✓.- -,2-a «; ;" /, 1e,rk/ t4 , ' '- i HS UCC 6- 1:_y e'...0•. Lo_ ()(e/Q /02,44.4,H21-41- N. ‘1"/47 '� '{ r f v VV v0q�"` fir` : g x I _.. . , , U . !.:. , . . ` . . .. .. . son\ . . ...._. ..........,Mad • JAN 19 1949 se fir era lap M I �� errapaw Pit..__L!►-+��n n1..t.—�f±h etanu�.N.,I■.,. R*��., ii ie ��r Nde 7th U►J__ unwary - 4 . 4g-4:. rear or our Lewd er nnn.annd nine seared dirty-nlne 4 p I NARY B. BLAI a a 1M CO2007 rie Ne14 s ale sole d CdnYe d doe km pa*SS LIMA UC1:HN4 • of the Calmly Welt ,IS truedCd..i,dtt meaS gun WITNESSETH, That the raid party el the Mt partsfar sad is mwNeslMa of is I ad !en Dollar: and other valuable ooneldorat,Siu---------- ifillieir to the said pan y' of toe first part in hand paid by the W IMrty d the second pert.the receipt.eared S hereby confined and aeknov.)edged.f,e granted.Stifled.sold arid,clmed.and oddest presents dose grant. bargain, sell. ron,ey and confirm unto the w part y of St second......her larks td slimll 14 foresee,all the following nexdhed In( or parcel d had, skive*, Pegg sad bag le the County d WW and State of Colorado.to-wn: The West Thirty 130) Acres of the West Half of the Southeast luerter (W15S}) or deotion One (1) end the North ast ;u rter of t::0 Northwest luarter (NM-NW.}) of II .,ec lion twelve (12), all in Township One (1) North of `CO• V .tan ge 91rty—even (e7) West o the Sixth P. H., together 17 151/ ':•itii all a,L:r, wu'ar ri -nts, ditohes and dit;h rights, I reeer7olr.. '.::d reservoir rights -sal rivets o: way for I w:-tar, atlases •.:d roses/etre pertaining or in any way bolo,.-ing to .;',1d l.,nd, :tad esnec Lally Sort:,--rive dundredtlf (.td) of One (1) ;?'fro o ' La. Japital dtcak of the 3righton Jitoh D. 'U Company. . - t .. I ". TOeming 1 ll1.r n 1 11 1 .11,r d I t 'l p a 1 a ay- I I u I II d d . ! _ and all 11 I right. I 1 1 Y IM1 I J (II i..,ri,., II tan o ll`.`I SD Ili iI,II II Ia,ly we, .1 and 1 lies air I ., l "tilt'',' d pal (the eras pup. Inv norselr,Aar . heI,. e.,.,Y.n ..d aInnnian.n. .I.'00 r nenant.(rani. ..rgain and *ore to and with the said part:r or Ili. ., old I•, -er h,it,and aa.,gn+,that al lira tint.of the et, ..alai, .n,1 delivery to then, present 3110 is hall .e aed wk Ms farrow .d.".. ,.a,ryul.ae of good,- re,per- fect,a!'.lute and indei silt a..tale nl ,n s mum,.In law. in let simple.and han and richt.full pow. and lawful „thodly to gram.bargain. ..fl and eon,. Ile:rain.it,manner and (''nit Janata, an,' that the gime are ire. and ,h..r loin silla and ..q,,. tt i' tar a,,, -ales hen,gas .,,,tnitwit.nitwit..,, r,n,awl in,m rhino,.of whater.r kind or nature wet : xis :'o .94d .' . 1.' .0 snit 'ears, exist— ii,g ..I'LL.— '.f Say far dl a ubii roads. a Deed o: :rust recorded L!. Jook 1172 at f,,gu 01.6 I,eld Count; .teaorde aoourin¢ o,:o tote ole ord r o 'ne ..nha¢¢ City Life Insaranoe and Urcatk;L},a & in i,e'il1'f1rit�.i azRI i''tivY toil,B'iiFeld r1HJ " s. its ...wad pan, her hel-, and a 0e ',n. d, • :AI'am! e ) p,non..t ,..:_•nn lawfully claimin o, t. .I..In I!, tJ '. or any part - thereof, the said part 37 of the lint part .Ne a,.)will WARRANT AND I")aECEK DE?LSD. IS WIT`FSS WHEREOF,The-aid parts of the first part I,a a hereunto ether lad t I real the day ea st year fin,I i tyre, ,viN n. )-4,....e £. Sign.„5eahJ and lh lite.k in:' fn'ac:o^nf 1 136,544, ISEALI (SEAL) .. (SEAL) STATE OF COLOEAtm. LO as lemmas in amved vas sebwidged won,gm W. 72ge W a 41I{ County d Wald.eb \o• olds 4 airy I. What, K Whom Yy • . i Wlei( W Cmsl s. EyrMt. 1-3 i v 1 wen Tteea • WARRANTY D®—McVey Printery.Greco.ralerab r - � Fort Lupton, Colorado August 23rd. 1985 To the County Commissioners of Weld County Greeley, Colorado Honorable Commissioners: This letter is in regard to a gravel being petitioned for and location being considered is 3/4 mile west of Ft. Lupton on highway #52 by Front Range Sand and Gravel Company. We are against this project because of the additional heavy gravel trucks added to to the already heavy traffic on this highway. This is a narrow two lane highway and access in and out of the gravel pit would be hazardous. Also, there are school buses picking up and depositing children in this area. Also, there is a recreational Park across the road from this intended project. Besides the vehicles entering and leaving the Park, many children ride bicycles to and from the Park. Fishing and swimming in the pond would be a temptation to children, creating a very unsafe situation. There would be additional noise, traffic and dust. A gravel pit is by no means a thing of beauty. We feel the view of this gravel pit in this area so close to our City would decrease the value of the land and the residences. moving this project further south and away from the highway and having a different access would be less hazardous to the public at large. (�( )t}�,�o,cQn un, AoS� 404-(/), /s1/4�.ii6/(d/544,; 6 be i Respectfully, Jo /a i/L 7a y,/�/,+ J ` 3 jaz, / .l ea J<s Y -/l 14'c,✓ Cc /I (Lle' �/ /116 1 7 rr tri 'r ;v,�'ft -G-k,(. �C %< C/ �'LtC2/Y /o6Y/ / � /,/O014e f1 tis1 ,J d TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jon 1235 West 10th Ave. Ft. Lupton 8-13-85 l f7 r,f.A?u 026610W" itaL Tod iuiton _Atialc&s- /24,.//-2/e-- j#)30hie 2.P to,-C4.;)1Th r'- .2 r? I-U1 tYill : LI 1 nizild4 W. c4e, Jaiszcs: /-5-?Ale /GivJee%/ 2c 2 a/o--et 449 to"C/ 7 d/pc am-mss' 27� �6iJ. �Ziu�i L rte - .cr a G - ) 5'yy_5- 18 4 t L 70 3.I S c �4,n g'- __________ �es g g'a tint g . k- f8%z- 4-. 1y-1'6n --2J 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST 'THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 a74..rgri /1/36 ,i,a,R2 3 ff�,ta 2-.2/-8s inefiLITIIcitzt-frai- 193' G>,e, 923 dt 'my- _6- U "0,0,-„A.ol SS3s Gu.C. ,7 -D3 tl,-/ � .457'_ a-.2-tr.s S,636 ol. d. .z.3 e• 2-c.2.2-75- • /// 3/ /-} io ---- zfriY73 eoe, 21 /ASS lint 4 z. IIel75- WG2 st4;075 - .Jctz &-te , /ysr o r- ; ' $4 2z � f rnsl,%J< k -k . - nn ,=X kf9 p7'14X('1S. { ice/at ()/b 3-(4)- 5 rv. Wr /id— Q•1-yY7r "2,!F».,,,, ' ., ,/eeb, 9/ ' 42 / , Y e. x . -.9y i=b— 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 a. 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 wtata li Lw 3`!- 1 3 `d S T ( . LuP>U,t) PS itkf--.6 11-1( 61 A) Clg ilkifIJ 4 tlIAR4 s _i . r (.l"{ 1-/-C-/?? .�✓9. L / %/ .1"c 242�L a L -C, - ' - ;. f=29 -O ..c., . CA t .. 6 7e.ex G‹ 6' n/3/ -/Y cf,Jr n3 s. t zsV--Es— ��� - % P 2V-rC ( _.�.' • ./! - '. 774/i), 4k411in (Lai, , 7Y <an , ( ,4Rg-,Y3 / __ 76-g /2...„,„,,,,,,,e.-..ozet---Tnt Kletodze- rAya2r- /yep a A - . cY 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 Joh�n�Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 '"7 G- ,;r..,1! / Gc y/ 7[8-:' /4-7747-,A,,,, N -i 2 •h % ec /`f O/ /4? ,r 2. -",.5(71.4,-- , i- 7- /7- d'3..— 7 � J�lD) ) '''_a '• /f; / k"/ 7- 7•c. ��1 >i �_fil , / ) > `/-,,.,, /7 Lt,-/%t) s-2v - b -> ='7e-.,Z-, <`. . ' j / y led 1! ter- k - / V ' & ,t %Z O s -x� l-- /5'g.7�.��it- �___;. 7 7$ iY J ? r-- /4 - -v 2 yeke 1)3A - t ice_ 2f 0 (f S -, La rat) •-{L`(3� l'/; :" _- Dtk\cta .a,,..J..-,_ act_i A S4- ti l rz ,,,. c& - a 4 / j � hi. fl 'j / 1 ;7 2 t TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 /sda3 Snit/ Arc- rom-i.-i .� 8-/9-P.S— .X, . . ._S ' .3e, y cfIvci. 37 x4e riti'/r g/41-3'j._ .61- al- s if le}C.&85- C .;7` {, /7- S- < � { Y±.--- Gv, - 'm ,' ). — 1, 5 '.4.'- in,t'1 � 1c. x'4 1� ``c (l1/<% '1/Y CSC f IL Y if() Vic. . 9LL( Ce._ 1 . 111,4, tf6& ., Y �Z`/' X', cif ., ` ° .. �' Fyn .7 Ly a 6 /i . / ,. �F /6O /1)-- :c Ii'l.'lc ill //� ek �1 s --totu .� -7— k•'C ' (�;4-ti,cy6/`"/I All /.4,/ /-le/i/- �T 4 '', " F-�s' k5 / rC f, kisis7 2 A TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 west 10th Av. Ft. Lupton 8-13-85 J n Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 ;f s S �,v-� r < < _! j ' J/ 1 (A 4t0)7 % /2 mss-- tiL ( J ( // v/1tr ht ,h17)4-76-77L (/7- f� ��dall,�n /D/? / /\ Air , ' ' 3,-Al-62, iq- Q.bivit, Santethiek e2h s, 2 g .7,2y-in- .n5- 5. 7. x Y-2Y u5 k1710 . Any Or ffLlSA- r- aii-er gas &s &) A ' 8--2,445 87/ AA MI- . Lfrint 8 ay- s 7Vb So ‘,en,4O Ayr fr Lvav t-2. yra r- 1 e d ' e -O6 J( c,,id Ail flat t>- G rt-- i= (f-fir I u µ UJ -7 I() ,c0 �=r/Ga1l r�L-J� ( /�„�y� fr a/0 >9-- 'I p-..,ll Q✓-e-, it ,r er47A .s. 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 r 9. Most of all, a gravel pit and its attendant uses such as the opera of gravel trucks and equipment, will destroy th'e growt the community of Fort Lupton and reduce property values and represent a dander to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jon fe /�w s 1235 West 10th Ave. Ft. Lupton 8-13-85 24. k0 2 z�, //?c rY,o, r 2 ,,,,,o-Ax. , ems. pile/ 41 /% 7s J. AK g/7_Ss '- //a-11 7,9 c :., . :, O " - Qi/FEn 07Z- `//741 s t.a 070 PAgll 4116e FT, lu 7" C< 4C C ) " rorr,c► c15aI U).e.2s-1 3&, doptn LI _ /zl Jl"76. Siry I Ff, Lutio1, D _l?_X V" 2 776-/ /sue ,- r S r Li-if /'lOl <l Ise I f tvp%e, 82,/, y fd'."' y17 92 1•7 2,- ,,,,,, ,10 , ) ,f/72 - / - f dm ,22/. 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outwe _gh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community. takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 12 35 West 10th Ave. Ft. Lupton 8-13-85 f/ J fry-/�/,,-e s d6lt�^ /S ?� S id Tr- 1 Su�/7 'og a/ 17/ ti//`1f'-j 9 / S %� __77A/-t'/ 2/ Al/ -//;-1/-- ) /G7</ ,`7/ e i7<' 7,44k5- / � i�'7 - -.A�, LL�'��. � �G�'� / ,.7Y�Y „-�/fit/ �i i�/���'.S / l/2/ e�i`Z;27("&" ///,i/ 24- G`9 / (.77-4A, eV/gJ- /j-1 Y24-1,e t--2_ /4(/ ` y t/ 5/'/7e' 77 .( , k '/7-YY- r a ,/ 1J ./ • /Y e / 94 fly,` , . ' . tic 1- 1 l- 5 ��; �- u1 t! / L� I/ ��i. �L....:-c�:-Le . /&/L/ `1 . f�1/" /b/r)- _�'t .4-.4- 0 -1 -5 fi 4$ 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO K PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton p 8-13-85 sC /4_,r._, 70 7/ 74. ',� - 0"`77 vS 1cLc,; /7- 72,O r " fo,-r Z-r7-4.7 b [ iv ci % n( / 1 IC •theyy v' 7) el s /its.5 5, (77/1 ,W;xJfiz, /1976 21-in c 1/ . , 9-,, e-/7 erJ J nc(o-- 8 ad— //(5- ga-r- ,-Q. Y, cil w z/17/0'1 /lo., L& /.5 % ( C4�� V, l7/{5-2 S J ( /( 7j%f ' I '.v(.:c'Z-r : et. - ll)- I7 -br a !e f ! a Ater1/47-4 oeia„4_, Z) /4 ' /y, �(/P /0% A ,�i, V - /7� YS 7 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mar Jones 1235 West 10th Av. Ft. Lupton 8-13-85 J n ones 1235 West 10th Ave. Ft. Lupton 8-13-85 n2/3-3 ,,`Sr- fir- Za1 °"1" S- 16 -35 13 - 2 " At- r ₹,� - /�i -ter 9&Ic�Z,.,, 1/Y ICU .ate cR-3O-(r yJ114� 7aL, <ti� r 9 Yv �i'j�u' uy ,)7r1/C1 -�3-/G,- s C� ,ti 73.y s- 'r' �` g-/7-9c i 7s`..i ) t ma_A- .� — (i - / l-- .S <,_ ,. , . .. #' 90 444100A. • $ 30 $5- . t2.-.- No 9f `' / 7 -_ Y, - o-‘Pj ` - ,., /j 2 2 Z Y —, C 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8: The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and•. guipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 west 10th Av. Ft. Lupton 8-13-85 John Jones 1 35 West 10th Ave. Ft. Lupton 8-13-85 l S /S- 4L l ct L.. lc r? *-3) '"gs- �. Y3si/mit -,c ( . r- 3/--X5- r'' o ,/li©�'/;/1 � ILaC.=�S� � s'cc) FCC,,, A e. FI p,2 a ii / 9-_, I F`. 2 5 A , (3-442, 1 zA FT/4 7 —i5,- 2j .e ;35y- -i, / / L L - - -3/- // ✓ '7;2(i/ --- 2/-('t-7,jt - , Vic, 7a- ( - c, ¢_._ _ 7-Vei tilt o `") � ,-} 7 )J2/-- A / ,ji )1,i(_vatd=i( _-� (/c:)- uf'i 3 C r err 'V l t i� 31,X 3 )�d � 13�v1 �(rti_ S -- ' - ' Ax//' / ' - (VP( _ z, r /,>`_C 4 � r✓/ > 7 73 / -i if. , Win. 5 > /-576 Sal Marti, � O0 ofil! 7�XU/0/0ri -3/ -8 <- 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 JA 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of ...he community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 if cilLy :`7. Rfraiter 92S- Pa_0 /Fie. Ai :'1 , l.v t,r q - 1-?5- /" y r / "6- -t± n/� YT. oX n s M-3 gJ - i �,� =3/ski • cc' I 4aI Or. Jay. h4 , c (70,1) dr* //el7 2!s4J�Pifi -n ,-. 3/. 5-5 /f �✓ a ,tt !c it h U/,.-ri �� /Pei `t 7z/ a-/A v / *'—f/ -. -S- ` �f t 74e/ ri Gd 777 2A ,P,?/- s- . /1/3 tP w: , ii g. Ge `7,2 'IT itil Pa ciric u)a'. l- Lt, elori R 3l- d'5 b , ,�9 - ,•-,,-, rfue�, x,31 (iS-- ..e. (mss„ r-2e 4. 3 f D ‘ (i - e11--(7) Jo h I t C eS 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community. takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6 . That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John�j Jones 1235 West 10th Ave. Ft. LLuptton 8-13-85 z9/men— 0 6-4-401 750 S. Aida"vim%- 1/ 4( , /^ i-, r-,ii-af.- L Sy 5a.ori t4cNuL F/ /a11v6Y ?J- )/ -4s A v 73ys4.7u,AC -dam 7fr,,e't Y 3/SC5 / / `' //o 7/ ��y/7 ;J ,-�_�r l s' /-,1/.�,a' _ / VZSo K A 74- /cv&' t (X 17 tiE7a O C— / - Ty' IAC 5t _ " 1e 1_ /lib, theft--- ' ' f rl-?' - i-7 - -si / / t :: -/ lA :7 , f/ ; L,--' tee Lc-- rOQ a e-4/43 2/, *Aker A7g 73/4/2-76.4. *f3//9s Y2/ 71,/ ;(1,'(/(i f=fi 7--,,( 5?M // 7�, :-. 1 </1 �PXL% '/LJllt/ .1/71 .1,x, / `' 1 (//1 ° / p7 li r ,i/Li L/O2 /lnr,y,_ 'c �%;xi% E-F`/ d ��E'�vtier i"! b'.57-�S i 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community. takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 4. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John J nes 1235 West 0th Ave. Ft. Lupton 8-13-85 ;12anh 911gi,l) z s/-Ps :yH thera 1 1,2:13„Y /Ai -/-1- _3/1 . ,, 2 -37-2.5- _ 2.5"3 - -V ci-7/ C - c-f-z w --e--i. a -cc49 t cS 3 _ LI . l r ( ' .'' 0 TV-"d ..� f 3. u.1. C ` 2 ,S 3- r /Vit r ` ° '-3(`e?-s' ga -2v-Zz rid 3i ieht'e+,., 1/04/Q RD 17 icaRio i e--31-5r- 417i0 W ) - r4, o4 L. `' -3/-75 /77--z-- MA/A) g,S,il 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 lei- in...A jdZ . 13 Q.1 (3 La 0.2 1%)/±) . ,.Z.4thn R 3 i-Rs /s'aay /lam ifi _ 91 ip r-3r-orr- 7 ,3 v 2_ v- _ - S - 3i - 85 N P - r', iii si - L-c,s 4. ./7/CC. /Ors / 13 r- f1' 14 Dt,. 8-3/—8S ©. - U . k- Lo L. . 3 / -85' A ff '3 1 -g/ Uri � � 8'31- /y -1' .gc to/a 74 5, -n 2 3,-3c5 ht /0ic /irk_ Z -3i-yrs- LOr7 P 7-7 /z,,,,./ ?-7/-71 ' a ) - s - 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 . at � � � a W:34 WC,P23 I---6/ Y-22-Sr a / WJJ 44116 2- fi "et/r.� .moo dee93 W L. z 5- n c- 6-7e---15. 01"yoa to/cif a AWE r� g 7 .1C Z'i4.( t ,/yy/ eir $-a7- gS - At 4S- G-eg l A41,7 2c-7>--8s ct� ` SG 1.41` '��. )-- , Lam..-._-w-_ f�-r,..;S' 1�� y , / WC;*; /J Fr [ vP�7�i�J �6 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 /-71-v , — 1_r d1 5 c') -S FO/.rn to -7--Z__DP7:,v i �T t5 - c 8/0 .5, -h L 1 terry irk . {uya 7 ) 8-_�-8.Es - S' &5 S L(44? 7/A0c (97.3 (1 9/P/6 6 c is ic art l L-Z J v ectntw rl-A-1Q,),6 kGO, - 0-kacau-e lit.ptk.- c,>'-aY -Y t �A 1y S ,--)F ES-- kjert -20x1 U no s. Fu/tot, 4Ot /;, i- 4cy' %1l -a -es - _ I _ z� , r, ct`IS S 4 i tru Lc-& Vi- 1_,4)p i v S2 c( P,5 14 I X 75 S I14 k c i*.eut tieivv, � �y s b 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community . takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7. That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 ✓ c , / � C S_ c 3/ ""��/UL1JV"�ta'",. //// (�v,I�C.C"� (� ?J13� D .J�` S.— r/r;Ced: t 7iy /le 5- L✓, <77CA/c7< Lw'J&'E r+`, l u - so./, C -.J/-K� ii ioi ' tip 7 hi. fidec, vtififirr , 4,4, (nlif4,4 ,,/ . - . cr-ii, r,-'.4/:.-Ct— it- g/ < Y4f7L 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 0 orgy\ y- 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 d uCL /5M101uq 1 //14n/() -11-/ZWc;-)7t "L±45---- di /77 ,r,17 ,..-; ( /a/ .Apn t eir r' C-- ,G cgr,-, ._ -V45— (1_471,1/4,67e, , /0.104_0t c/6 l: 1)4,5{ 7 ' L , of,7/ -a-3- - i rc 4- 716c7 Ai i i n 1.(, Y-3i-ks Ia5 ac, kdoc�2-1p ,,J '-a)1 -Stei /S�,cz3/ /1/ *---e.,?a S?-3/ f 0 Atn.), pa-AA-Pe 'A b 6 - -4 Ili 4' SAS 1 Ci_ Dtti & N'ek 9©l Ba 4. ' . 7, g -31-,' —G) /p tAh c'l l'cltifirn 13 �— cy L Ji �.- /d e47., /94, � it/i�'75 % S 777 ' �a cZ y n —77/3- /tC i 2 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7 . That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 John Jon/e/ _ � 1235 West I,10th Ave. Ft. Lupton 8-13-85 p it .w✓'/ P// /kV s 7 FT, 110T.,) 0 P-09 1V-0 i- eoLA Aya1 I A , 2-7j tat 9 \A- 8a - W & /9/ X4AZ Al "7/ Ax3 g amen -_3/ , 5T( _ Q?3‘ i://_, , r o2y "g�-- 3L .3rb 9 -/ G�/ alq V 0 L36 P4Rlo'e - -l7thi..../ 24 a</'s5- X/it.- j/o , 4 5 a,2/o .,,_, 6'--?(l s- J IC ai ) r�� ' f -i, , nn,- /6,571-14/4( 1 8-24,'S W„/ 4sal# t/ 9 fsi is 6 --Q 7--1/2tlei y - d. K1.--1 , as s iny pyyy- s��5 iz ,t, a y s ? if os---' �ii��1' 1► 11, x. lyt ,t__ Yow-Ks 2 TO: BOARD OF COUNTY CtMMISSIONERS OF WELD COUNTY, COLORADO PETITION AGAINST THE ISSUANCE OF A GRAVEL PIT PERMIT TO FRONT RANGE SAND AND GRAVEL COMPANY The Petitioners respectfully request their Board of County Commissioners of Weld County, Colorado, to reject the special use permit for the extraction of sand and gravel by Front Range Sand and Gravel Company. The undersigned objectors protest the issuance of the special use permit on the following grounds: 1. The operation of a sand and gravel pit in the vicinity of the City of Fort Lupton is detrimental to the growth, development, and peaceful enjoyment of the community. 2. The influx of heavy sand and gravel trucks constitutes an immediate danger not only to the citizens, but to the school buses and other motor vehicles on the roads and highways. 3. The dangers to the citizens and to the community outweigh the benefits provided by the operation of the gravel pit. 4. The gravel pit operation detracts from the growth of the community, takes from its environment without providing any benefits to the town and its citizens. 5. The gravel trucks using the streets and highways in and about the town create air and noise pollution, as well as creating a danger to the other users of; the roads and highways. 6. That the operation of the gravel pit will cause noise and air pollution to the surrounding area. 7. That the operation of the gravel pit creates a permanent destruction of the environment surrounding the proposed gravel pit, tends to destroy wild life. 8. The operation and excavation for sand and gravel will cause the spread of gravel pits, with its dangers and nuisances, to adjoining lands whereever gravel may be found. 1 9. Most of all, a gravel pit and its attendant uses such as the operation of gravel trucks and equipment, will destroy the growth of the community of Fort Lupton and reduce property values and represent, a danger to the inhabitants. NAME ADDRESS CITY DATE SAMPLE SIGNATURE Mary Jones 1235 West 10th Av. Ft. Lupton 8-13-85 gohn Jones 1235 West 10th Ave. Ft. Lupton 8-13-85 ,, ny POiv , I1t .---) rill 111 0,0 456% F-- L1 i k. %'HR-K5 ran,7, / A ei4AQ 7 9-T- }9,4rfi Ave `(_ 4. / u p %(7-i5- J,, ,J4 T Nit✓( I 305 at' S�. F/„1,u16n n 'h .' fl- " 1` � OCr 6(a&ac f 1 r n UQuontco, & ,, etos PYI(C(C [L L"p4 n �Il-,l•- il 5 i . c1 1 ( n aCLLlJf r� l`( 11 Q� F� , p� �� n 1 W. C (- '\ 8 i7/ds i/ 17 7.504, ' -4 --n &SD d( 1 4tii� ' t .1/2.--..- I 7-kJ ^ �\c,",,. VThee.iN 71,2 Po,rkc ut. ‘- t- --k"3 ^ g-17 - i6)S II CS thtt�(so ,\C.�ve5SV rf LA(Ay, g-/7-g5 / i) o 1 c /ac)a Wtttr F S a .� wsd as _s, I'm L ran) Fr L tip rem) g=av,F4s 1 I 2 Date: September 3, 1985 CASE NUMBER: USR-695:85:39 NAME: Front Range Sand and Gravel ADDRESS: 5231 East 78th Avenue, Commerce City, Colorado 80022 REQUEST: A Use by Special Review permit for an open-cut sand and gravel operation LEGAL DESCRIPTION: Part of the W1 SW1, Section 7, T1N, R66W; part of the Eli SEA and part of the NEZ NW% Section 12, part of the 141/2 SEA, Section 1, all in T1N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile west of Fort Lupton; south of State Highway 52 and west of U. S. Highway 85 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THE REQUEST TO EXTRACT SAND AND GRAVEL "AREA B" BE DENIED FOR THE FOLLOWING REASON: Proposed "Area B" lies within an area designated as Prime Agricultural Land, according to the Platte Valley Soil Conservation Service in a letter dated August 23, 1985. This 40-acre site is composed of Columbo clay loam and is presently used for alfalfa production. Mineral Resource Policy Number 2, as noted on page 24 of the Weld County Extraction Plan states that: "Open cut mining operations shall be discouraged on prime irrigated agricultural lands until such time that alternative resource deposits within less productive land areas are depleted. Only when detailed extraction and reclamation plans accompanied by economic and environmental impact statements prepared by recognized experts justify the sacrifice of these agricultural assets will such request for open-cut mining operations receive favorable considerations." It is the staff's opinion that by including "Area B" in this proposal for sand and gravel extraction, the applicant has not demonstrated that a diligent effort has been made to conserve productive agricultural land. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THE PROPOSED USES FOR AREAS "A" AND "C" 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. USR-695:85:39 Front Range Sand and Gravel Page 2 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 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. Proposed Area "C" of the subject site is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , sand and gravel operations) ; - 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 the projected development in the future; - Area "C" of the subject site is in a Flood Hazard Overlay District area. Development Standard #7 addresses this concern; - Use by Special Review Standards provide adequate protection of the health, safety, and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. Prior to recording the Use by Special Review Plat the applicant shall amend the plat to delete proposed "Area B" as shown on the submitted plat. All references to "Area B" in the application materials shall be null and void. USR-695:85:39 Front Range Sand and Gravel Page 3 2. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 3. 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 Development Standards #2 has been met. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 4. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-695:85:39. 5. The following note being place on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 6. 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. 7. The Use by Special Review plat shall be amended to show a seventy-five foot (75') right-of-way reservation on the south side from the centerline of State Highway 52. The plat shall be amended prior to recording the plat. DEVELOPMENT STANDARDS Front Range Sand and Gravel USR-695:85:39 1. The uses permitted on the parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 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 Fort Lupton 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 Colorado Highway 52, as shown on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress east to U. S. Highway 85. 4. The applicant shall obtain a State Highway Access Permit and satisfy all access design requirements of the Colorado Division of Highways. 5. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with C.R.S. 37-90-137. Prior to extraction of sand and gravel, a copy of the well permit application shall be forwarded tc 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 if required. 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 of sand and gravel shall be placed in the one hundred (100) year flood plain of the South Platte 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. Development Standards USR-695:85:39 Front Range Sand and Gravel 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 of the Weld County Zoning Ordinance. 10. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 of the Weld County Zoning Ordinance. 11 . Representatives or members of the Weld County Wealth Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 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. ADDITIONAL COMMENTS Front Range Sand and Gravel USR-695:85:39 The Fort Lupton Planning Commission recommended denial of this request. Objections expressed by the Commission concern negative impacts on traffic, local air quality, aesthetics and adverse effects on the economy of Fort Lupton. a Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 August 23, 1985 Ms. Gloria V. Dunn, Current Planner Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-695:85:39 Front Range Sand and Gravel Dear Ms. Dunn: Soils: Area "B" which is in the NE4 of the NW2b of section 12, township 1 north, range 67 west, and a small part of Area "C" along the west edge of the Ei of the SW4 of section 12, township 1 north, range 67 west, is shown as Prime Agricultural Land on the Important Farmlands Map of Weld County Colorado. By following the application and report for this project, we find no other conflicts with our interests. Sincerely, Robert Warner, President Board of Supervisors 1 .1Y-15-111:1 \--W.. hJ u 2G 1985 - L- Yield Co. Planning Commission CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT STATE OF COLORADO DIVISION OF HIGHWAYS Ex* of P.O. Box 850 ' Greeley, Colorado 80632-0850 (303)353-1232 <o,p August 20, 1985 Weld Co. , S.H. 52 Front Range Sand and Gravel Spec. Rev. 1 Mi. W. of S.H. 85 on Ms. Gloria Dunn S. Side S.H. 52 Department of Planning Services Weld County DOH File 45100 915 10th Street Greeley, CO 80631 Dear Ms. Dunn: We have reviewed the Front Range Sand and Gravel special use application and have the following comments: 1. Projected traffic on State Highway 52 indicates the need for a 150-foot total right of way, 75 feet each side of the highway centerline. Additional width to achieve this need should be protected by reservation or, preferably, dedication, as permitted by local regulations. 2. Access to this mining operation is to be obtained from State Highway 52 since no other means of access is available. A single access to S.H. 52 from this property is permitted. Therefore, the access to the mining operation will become the only access to the highway along this property. Construction of this access requires an Access Permit. Application for this permit is made to this office. Since a new bridge over the Lupton Bottom Ditch and, possibly turn lanes on S.H. 52 will be required, the design of the access submitted by the applicant needs to include the design for these features. The applicant should coordinate the access design with this office prior to application for the permit. Thank you for the opportunity to review this matter. Please contact Wally Jacobson at this office if you have any questions. Very truly yours, ALBERT OTVACS DISTRI T ENG NEER/ . Cer ��'�/v/ JKC:WJ:mbc strict Planning/Environmental Manager cc: A. Chotvacs D. Yost ^• c— 4--ACC['''^^^ Area Foreman D di[�Thic\IIF Bob Crumb, City of Ft. Lupton LIB Front Range Sand and Gravel/Jerry Rhea /In Ji• 14 -- [1 9C3 . File: Crier-Jacobson Weld Co. Planning Commission o� FORT ��Pl QttpoiJfort1Lupton COUNTY OF WELD 18 ` • 16 130 S. McKINLEY AVENUE FORT LUPTON (303) 857-6667 ~ •tf PO. BOX 148 DENVER METRO (303) 893.5404 FT LUPTON, CO 80621 GREELEY METRO(303)356-9225 COL 0RMO -. AUGUST 28, 1985 1] (:)EP 0 3 1985 WELD COUNTY PLANNING Weld Co. Plowing b„mnus��o„ Gloria Dunn 915 10th Street Greeley, CO 80631 RE: SPECIAL USE APPLICATION FOR FRONT RANGE SAND AND GRAVEL Dear Ms. Dunn: At the August 27, 1985 Planning Commission meeting the Front Range Sand and Gravel Special Use Permit application was considered. The Commission heard comments from the owners and ten area residents concerning the operation. The Planning Commission recommends denial of the special use permit for the Front Range Sand and Gravel Co. for the following reasons: TRAFFIC IMPACT: Trucks entering and exiting the site, entering highway 52 at the U.S. 85 off ramp and near the entrance to Pearson Park, create hazardous traffic conditions. The Planning Commission feels that the estimated 150 trips per day on Highway 52 will increase accident poten- tial which would in turn increase the demands on the Fort Lupton Police Department to respond to accidents and on-site emergencies. AIR QUALITY: The Fort Lupton area is suffering from intermittent periods of high air pollution. The Colorado Department of health has monitored the area for more than a year and has found high levels of particulate matter. This project would further contribute high levels of dust to the area due to the nature of its operation and the increase in traffic on many unpaved roads. AESTHETICS: The proposed site would be visible from Highway 52 where little or no screening exists nor is proposed. Furthermore, area residents located at the southwestern portion of the city would have their view of the mountains interrupted by gravel pits and stock piles. The Commission feels that this unsightly operation would adversely af- fect the Fort Lupton area's desirability and the value of properties. • ECONOMIC IMPACT: The sand and gravel operation would contribute no eco- nomic benefit to the Fort Lupton area, other than to the owners of the operation. The Commission feels the City of Fort Lupton would be burdened by the demands on the Police Department to respond to the site and increased accidents caused by this activity. The City would receive no increased tax base nor service fees from the project. SITE EXPANSION: If this special use is permitted for gravel pits, it will set a precedent and the area will attract other similar operations. The Fort Lupton Planning Commission is strongly opposed to this project or any similar operation in the area. The commission urges the Weld County Planning Commission and County Commissioners to reject the Front Range Sand and Gravel Co. Special Use Permit. Sincerely, FO TON PLANNING AND ZONING COMMISSION d Robert S. Crumb Director of Public Works RSC/TJR �`�� uF FORT c�proy ettp of fort lap ton u 'C COUNTY OF WELD to • Y 3$ 130 S MCKINLEY AVENUE FORT LUPTON (303) 8576667 P.O. BOX 148 DENVER METRO(303)8935404 FT LUPTON, CO 80621 GREELEY METRO(303)356-9225 COLORADO ° EWE August 30, 1985 rr� 0 1985 Weld County Planning Commission Weld Co. Planning Cammissioo 915 10th Street — Room 342 Greeley, CO 80631 Re: Special Use Application For Front Range Sand and Gravel To Whom It May Concern: The City Council for the City of Fort Lupton voted unanimously on August 28, 1985 in support of the position expressed by the Fort Lupton Planning Commission, which recommends the denial for a spe- cial tze permit far the Front Range Sand and Gravel Company. The City Council does not feel that a sand and gravel operation at the particular site proposed would be in the City's best. interest. Damage to the highway intersection of U.S. Highway 85 and Colorado Highway 52, with increased heavy truck traffic, _at the rate of 75 to 150 trucks per day, could be detrimental. Dust in the air, as well as dust and dirt on the highways, is also a factor which is not in the City's best interest. The City is also concerned that it's police and emergency response units will be called upon to respond to the area. The potential for serious traffic accidents and problems will be increased. While the proposed site is within Weld County Sheriff's jurisdiction, as well as the Colorado State Patrol, it has been a historical fact that Fort Lupton must provide the initial emergency response to incidents occurring within this close proximity. Additionally, the City operates and maintains a community park facil- ity within - mile of the proposed entry/exit point of the gravel op- eration. The increased heavy equipment traffic onto Colorado Highway 52, potentially poses a serious threat to the safety of our children and patrons of the park. August 30, 1985 Weld County Planning Commission Page 2 These concerns, as well as those expressed by the Planning Commission, led the City Council to vote negatively toward this proposed operation. Your consideration in this matter will be greatly appreciated. 7. erely, a_ z25.44_24 ack A. Hurst City Administrator JAH/bs LAND-USE APPLICATION SUMMARY SHEET Date: August 27, 1985 CASE NUMBER: USR-695:85:39 NAME: Front Range Sand and Gravel, 5231 Fast 78th Avenue, Commerce City, Colorado 80022 ADDRESS 4025 Weld County Road 23, Fort Lupton, Colorado 80621 REQUEST: A Use by Special Review permit for an open-cut sand and gravel operation LEGAL DESCRIPTION: Part of the W% SW1, Section 7, TIN, R66W; part of the E12. SEo, and part of the NE4 NWT, Section 12, part of the 1411 SEA, Section 1, all in TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile west of Fort Lupton; south of State Highway 52 and west of U.S. Highway 85 SIZE OF PARCEL: 185 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Sections 24.3 and 44 of the Weld County Zoning Ordinance. Referral responses not received yet are as listed on the attached sheet; there are nine. The Fort Impton Planning Commission will conduct a public hearing August 27, 1985, regarding this proposal. The Department of Planning Services has received inquiries on this application, but no formal complaints to date. FIELD CHECK p � FILING NUMBER: USR-695:85:39 DATE OF INSPECTION: q - t - 6- NAME: Front Range Sand and Gravel REQUEST: A Use by Special Review Permit for an open-cut sand and gravel operation LEGAL DESCRIPTION: Part of the W1 SW1, Section 7, TIN, R66W and part of the Eli SE1 , Section 12, andpart of the WZ SEA, Section 1 All in T1N, R67W LAND USE: N /9 J-7- (/.< E )/' fasTc-'/CP- s too- S -7-v4 I-- r(-2,i 4) w Poi 7-1.-',q e ZONING: N LOCATION: Approximately .25 mile west of E Fort Lupton. mostly south of State Highway 52 S and west of U.S. Highway 85 W COMMENTS: -/-4 e ye on-C 42 IQ e 7 A e 7,e-er &)q SO C-tiL_ aef(eI- weer 4Ye 2- 9Nc t e `'<J;J-L{1L P( — one 4277 ioc-Ti- !,'kd okC on /U'ortei tI7Je n (-- /11(4-X- Ca— r BY: T174,-ei )-21 C)2 e,(4. REFERRAL LIST APPLICANT: Front Range Sand & Gravel NUMBER: USR-695:85:39 SENT REFERRALS OUT: Jt \t )_q , 14$S REFERRALS TO BE RECEIVED BY: August 23, 1985 NO SR NR NO SR NR County Attorney X Bill McMurray Weld County Planning Comm. X Weld County Health Dept. P.O. Box 161 X Brighton, CO 80610 X Engineering Department X Ft. Lupton Fire Protection _ County Extension Agent District 1121 Denver Avenue X X Office of Emergency Mngmt Ft. Lupton, CO 80621 _ State Engineer X Brighton Soil Conservation Division of Water Resources 60 S. 27th Avenue 1313 Sherman St. , Room 818 Brighton, CO 80601 Denver, CO 80203 X Big Dry Creek Ditch State Highway Department and Reservoir Company 1420 2nd Street c/o Valerie Marrs Greeley, CO 80631 2528 Weld County Road 19 Ft. Lupton, CO 80621 X Colorado Department of Health Water Quality Control Division X Brighton Ditch Company 4210 East 11th Avenue c/o George Sieber Denver, CO 80220 11553 Weld County Road 6 Ft. Lupton, CO 80621 _ City of Greeley Planning Department 919 7th Street X Lupton Bottom Ditch Co. Greeley, CO 80631 c/o Roy Miller 9040 Highway 66 _ Tri Area Planning Commission Platteville, CO 80651 P.O. Box 363 Frederick, CO 80530 K . V rant ed Pro'�� '`-t, X Ft. Lupton Planning Commission ) go bocp17t "'Li" c/o Robert Crumb P.O. Box 158 IJ cT re, CD 3003 Ft. Lupton, CO 80621 NO=No Objection SR=Specific Recommendations NR=No Response ipivit. MEMORAI1DUM Wilec. To Planning Department Date R/7/85 COLORADO From Allen F. Palmquis , Subject: Case IIUSR-695:85:99, Front Ran. - Sand and Gravel We have no problem with this as long as: 1. Required Emission Permit is obtained the Air Pollution Control Division, Colorado Department of Health. 2. Septic systems are permitted and designed according to county regulations. AL/cs 7� �r_'___,V-: �c,.!L1/ri -v' l Weld Co. Planning Cnmmissinr; ADVANCE LAND-USE APPLICATION SUMMARY SHEET September 3, 1985, Planning Commission Agenda CASE NUMBER: USR-695:85:39 NAME: Front Range Sand and Gravel, 5231 East 78th Avenue, Commerce City, Colorado 80022 PROPERTY ADDRESS: 4025 Weld County Road 23, Fort Lupton, Colorado 80621 REQUEST: A Use by Special Review permit for an open—cut sand and gravel operation LEGAL DESCRIPTION: Part of the W1 SW1, Section 7, T1N, R66W; Part of the Ek SE' and part of the NE' NW', Section 12, part of the Wk SEA, Section 1, all in T1N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile west of Fort Lupton; south of State Highway 52 and west of U.S. Highway 85 SIZE OF PARCEL: 185 acres FIELD CHECK FILING NUMBER: USR-695:85:39 DATE OF INSPECTION: August 16, 1985 NAME': Front Range Sand & Gravel REQUEST: Use by Special Review permit for open-cut sand and gravel operation LEGAL DESCRIPTION: Pt. W1 SWk of Section 7, T1N, R66W; Pt. E1/2 SEA and Pt. NEB NTWk of Section 12, Pt. W1 SE' of Section 1, all in T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile west of Ft. Lupton, south of State Highway 52 and west of U.S. Highway 85. LAND USE: N State Highway 52, farmland E Creek, farmland S Cornfield W Farmland, oil & gas facilities, residences ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to State Highway 52 from a private field road. The subject property is farmland, which appears to be fairly level. Several oil and gas wells and tank batteries are located on the site. One residence and several old farm buildings exist on the southwest side of the property. The southeast area (east of the Platte River) is lower in elevation not proposed to be mined. Fifteen residences are within 1/4 mile of the site. The majority of these are along Weld County Road 23, west of the property. By: Wtia Gloria V. Dunn Current Planner DEPAF +ENT OF PLANNING SERVICES (1/ < i 'tY_?Y PHONE(303)356-4000 EXT.4400 �� 915 10th STREET 1��,�� �{ GREELEY,COLORADO 80631 '1 t7 r 49 Oti i tr ` S rikt t COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on September 3, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for an open-cut sand and gravel operation from Front Range Sand and Gravel on a parcel of land described as pt. W1_ SW/ of Section 7, TIN, R66W and Pt. El SE1 of Section 12, NEl NWI of Section 12 and Pt. W/ SEI of Section 1, all in TIN, R67W Weld County, Colorado, containing 180 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld 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, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 3, 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 be published in the Johnstown Breeze To be published one (1) time by August 8, 1985 Received by: 176t Date: W o � - % � u tll t *Mk al ,fit t.O •4 /` z• . 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R r E K r , v t ate ': '. . 11a c6 , , 5 , ti],� t f i. 1 v � � �-d I t � h Y w �i �,Y' ,wEv` z,tjg 41'-' ...• ,�,s r. 1 !f < �•y� �R I `'wY-� c.";;....41,* ,:,!.,.:.9.,;.; Q • P A4 i i:. A....'lv4-1;4.P--4„,;Rls ivi.. lfe...' ., >w lit:: . I S9" MAILING LIST Front Range Sand and Gravel USR-695 Richard L. Hein 6386 WCR 23 Ft. Lupton, CO 80621 Ethyl S. Burge 11371 Highway 52 Ft. Lupton, CO 80621 Alice Pehr William Pehr 11222 Highway 52 Ft. Lupton, CO 80621 Valerie Hitchings c/o Todd Hitchings 37 West Ranch Trail Morrison, CO 80465 Freda Dreiling 4025 WCR 23 Ft. Lupton, CO 80621 Mary Evelyn Leinweber 4686 WCR 23 Ft. Lupton, CO 80621 Myrna Slabaszewski, et al. 4025 WCR 23 Ft. Lupton, CO 80621 Harry S. Chickuma Mary K. Chickuma 3550 WCR 23 Ft. Lupton, CO 80621 Alvin & Josephine Dechant 4936 WCR 23 Ft. Lupton, CO 80621 Thomas & Alice Holton 12032 Colorado 52 Ft. Lupton, CO 80621 Maguritte Scott 4731 WCR 27 Ft. Lupton, CO 80621 Mailing List Front Range Sand and Gravel USR-695 Page 2 Sakata Farms P.O. Box 499 Brighton, CO 80601 MINERAL OWNER LIST Front Range Sand and Gravel USR-695 Amoco Production Company 600 S. Cherry Street Suite 915 Denver, CO 80222 Myrna Kay Slabaszewski Freda Lee Dreiling 4025 WCR 23 Ft. Lupton, Co 80621 APPLICATION & REPORT FOR FRONT RANGE SAND & GRAVEL OPEN CUT GRAVEL PIT PART OF WZSW;, SEC. 7, T1N, R66W AND PART OF- E'SEa, SEC.12; NEaNWq, SEC. 12; AND PART OF THE WZSEa, SEC. 1, ALL IN T1N, R67W, WELD COUNTY , COLORADO MAY 31 , 1985 J SUBMITTED BY: FRONT RANGE SAND & GRAVEL C/O JERRY RHEA 5251 EAST 78th AVENUE COMMERCE CITY, COLORADO 80022 PHONE: 288-6854 PREPARED BY: McRAE & SHORT, INC. 1227 - 8th AVENUE GREELEY, COLORADO 80631 PHONE; 356-3101 PROJECT NO. 85013 TABLE OF CONTENTS EXHIBIT PAGES SECTION ITEM TABLE OF CONTENTS 1 APPLICATION FORMS 1. Colorado Mined Land Reclamation: Regular Impact 2 - 5 2. Weld County: Use By Special Review 6 - 8 GENERAL INFORMATION 1 - 2 1. Report Information 2. Location and Access 3. Topography 4. Drainage and Flood Plain 5. Zoning A LEGAL DESCRIPTION A- - 1 B VICINITY MAP B - 1 C PRE-MINING PLAN C-1 -- C-18 1. Subsurface Soils Investigation 2. Pre-Mining Plan Map (Back Pocket) D PROPOSED MINING PLAN D-1 -- D-4 1. Sand & Gravel Resources 2. General Operating Methods 3. Operations Phasing 4. Time Schedule 5. Site Disturbance 6. Mining Plan Map (Back Pocket) E. RECLAMATION PLAN E-1 -- E-3 F. RECLAMATION PLAN MAP (Back Pocket) G. WATER INFORMATION G - 1 H WILDLIFE INFORMATION H-1 -- H-2 I SOILS INFORMATION I-1 -- I-3 J VEGETATIVE INFORMATION J - 1 L RECLAMATION COSTS L - 1 P OWNERS OF RECORD OF SURFACE & SUBSURFACE RIGHTS P-1 -- P-4 Q APPENDIX 1. Source of Legal Right to Enter Q-1 -- Q-6 2. Local Government Approval Q-2 3. Other Permits & Licenses Q-3 4. Adjacent Landowners Q-4 MAP POCKET 1 McRAE & SHORT, INC. 1227 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development May 31 , 1985 • PROJECT NO. 85013 Colorado Department of Natural Resources Colorado Mined Land Reclamation Board 1313 Sherman Street Denver, Colorado 80203 RE: APPLICATION FOR OPEN GRAVEL PIT SOUTHWEST OF FORT LUPTON, WELD COUNTY, COLORADO Gentlemen; Enclosed are four (4) copies of the application form and all attachments for your review of this project. Also enclosed is a check for $1585.00for the application fee. An application is being made concurrently to the Weld County Commissioners for review and issuance of a Special Use Permit including Development Stan- dards . A copy of this action and permit will be forwarded for your files as soon as complete. Please advise us if any additional information is required and of the proper procedure to complete this application. Respectfully, Front Range Sand & Gravel McRae & Short, Inc. Gerald B. McRae, P.E. & L.S. Colorado Reg. No. 6616 .. C077.;\ O AFOF O q DEr .,ATMENT OF NATURAL RESOURCES Fe 410.1S.'90. 90� D.Monte Pascoe.Executive Director ti */ MINED LAND RECLAMATION DIVISION ty>r + DAVID C.SHELT0N Director /876 RicnarC Lamm /Vat' Governor REGULAR (112) PERMIT APPLICATION FORM State of Colorado Application for Mining and Department of Natural Resources MINED LAND RECLAMATION BOARD AND DIVISION Reclamation 3 - 01 g , C.R.S.Pursuant to , 1313 Sherman Street, Room 423 as s-32ende et seq. , .R.S. 1971, Denver, Colorado 80203 amended. (303) 866-3567 (Type or Print Clearly) 1. Name of Operation FRONT RANGE SAND & GRAVEL (pit, mine or site name) FORT LUPTON PIT 2. Name of Applicant/Operator FRONT RANGE SAND & GRAVEL (name to be used on permit) 3. Address and Phone Number of OFFICE & PHONE AT SITE Local Office BILL McQUEARY.MANAGER PHONE: 857-2167 4. Address and Phone Number of General Office 5. Name and Phone Number of Person BILL McQUEARY Staff Members Should Contact PHONE: 857-2167 6. Parent Corporation, If Any NONE (include name and address) 7. Owner(s) of Record of Affected ACKERSON ESTATE, GERRY DREILING,FREDAt. OREILING AND Land (surface area) (if more than two, list in MYRNA K, . S( ABASZEWSKI EXHIBIT P) 8. Owner(s) of Substance to be SAME AS ABOVE Mined (if more than two, list in EXHIBIT P) 9. Source of Legal Right to Enter MINING LEASE BETWEEN OWNER & OPERATOR SUBJECT TO STATE (indicate what type of proof is included in EXHIBIT O) See AND COUNTY APPROVAL OF MINING OPERATION 34-32-112(2) (d) 0. Type of Mine and Substance to OPEN PIT ---SAND & GRAVEL be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined) 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 REGULAR (112) PERMIT APPLICATION FORM -2- il. General Location and Elevation 1.5 MILES SOUTHWEST OF FORT LUPTON (miles and direction from SITE ELEVATION 4910 nearest town and approximate site elevation) 2. County WELD COUNTY la Total Surface Acreage to be In- cluded in Permit. (see Rule 1.1(2)) 200 ACRES tb Total Acreage of Affected Lands (see Rule 2.11 (14)) 185 ACRES 4. Application Fee (see RULE 2 to $1585.00 determine amount, based on permitted area) 5. Present Land Use (i .e., agri- 30 ACRES, FALLOW AND IMPROVEMENTS cultural, industrial, etc.) 40 ACRES ALFALFA; 130 ACRES RIVER BOTTOM PASTURE 5. Surrounding Land Uses AGRICULTURAL 7. Proposed Future Land Use (final use after reclamation) CONSERVATION AND OPEN SPACE 8. List Mining Operations Currently NONE In Violation of the Act. (see 34-32-120) 9. The Lands Herein Do Not Affect NO SUCH ( ANDS WITHIN PERMIT AREA any of the Lands Described in Section 115(4) (f) of the Mined Land Reclamation Act. (specify affirmation) MAPS AND EXHIBITS :th each of the five (5) copies of the application form, the applicant must submit a correspond- ig set of the maps and exhibits outlined in RULE 2, as follows: !. EXHIBIT A - Legal Description !. EXHIBIT B - Index Map 1. EXHIBIT C - Pre-mining and Mining Plan Map(s) of Affected Lands 1. EXHIBIT D - Mining Plan 5. EXHIBIT E - Reclamation Plan ;. EXHIBIT F - Reclamation Plan Map '. EXHIBIT G - Water Information 7. EXHIBIT H - Wildlife Information ). EXHIBIT I - Soils Information ▪ EXHIBIT J - Vegetation Information EXHIBIT K - Climate I. EXHIBIT L - Reclamation Costs 3. EXHIBIT M - Compliance with Local Zoning ) See 34-32-115(4)(e)& 109(6 '8 1. EXHIBIT N - Other Permits or Licenses ) See 34-32-115(4)&(4) (c) i. EXHIBIT O - Source of Legal Right to Enter ) See 34-32-112(2) (d) 5. EXHIBIT P - Owners of Record of Surface and Subsurface Rights) See 34-32-112(2) (b) &(c) REGULAR (112) PERMIT ,:22LIGiTic' FORM -3- NOTICE OF 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. 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. BY: --. ✓� �f T LE: (Signature by individual legally authorized to bind the operator to this application) DATE': (Rev. 3/9/82) McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development May 31 , 1985 PROJECT NO. 85013 Weld County Department of Planning Services Centennial Center 915 - 10th Street Greeley, Colorado 80631 RE: SPECIAL USE PERMIT APPLICATION FOR OPEN CUT MINE PERMIT FRONT RANGE SAND & GRAVEL SOUTHWEST OF FORT LUPTON Gentlemen; Enclosed are copies of the application form and supporting information for your review of this project. Also enclosed is a check for $600.00 for the application fee. An application is being made concurrently to the Colorado Mined Land Reclamation Board. We will keep you informed of the progress and requirements of this Board. Please advise us if any additional information is required. Respectfully, Front Range Sand & Gravel McRae & Short, Inc. ----' .- vP- c?g°247-V-7/93:7 Gerald B. McRae, P.E. & L.S. Colorado Reg. No. 6616 • w WELD COUNTY, COLORADO SPECIAL USE APPLICATION • For • OPEN CUT MINE PERMIT - - (gravel pits, etc.) Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: • Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: • Recording Fee Receipt U; _ Receipt Number: Application Reviewed By To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements: 1. I (we), the undersigned, hereby request a hearing before the Veld County Planning Commission concerning a proposed Open Cut GRAV FL (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: PART OF THE REST HALF OF THE SOUTHWEST QUARTER, SECTION 7, TOWN-- SHIP 1 NORTH, RANGE 66 WEST; AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER, SECTION 1a. NORTHWAST 0U RT R OF THE NORTHWESTQUARTER, SECTION 12; AND PART OF TWEST HALF WEST OF WELD COUNTY,SOUTHEAST THE HE EGZOL� HgT RIIU FpOR. SECTION 1. ALL IN TOWNSHIP 1 NORTH, • TOTAL AC?EAGE:1 f5 ACRES± 2. Surface owner(s) of area of land described Name: ACKERSON ESTATE Address: 4025 WCR No. 23 Phone: 857-2584 C/O GERRY DREILING FORT LUPTON. C0,80621 659-1432 . 3. Owner(s) of mineral rights to substance to be mined Name:FRONT RANGE SAND & Address:5251 E. 78th AVENUE Phone: 288-6854 . GRAVEL C/O JERRY g RHEA COMMERCE CITY, (.0.80022 b 4. MSource of INING LEASEpBETWEEN OWNER Right ORATORS SgUB.LLI 10mSTATEn&tCOUNTYdAPPROOVALeuF MINING OPERATION - DRAFT ATTACHED (Attach Certified Copy of any Document noted to the Back of This Fonn) 5. Address of applicant and general office Applicants address:FRONT RANGE SAND & GRAVEL Phone: ?RR-611C4 General Office address: CFF NA 3 ABOVE Phone: 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: 1 - 200 TON/HR.; CRUSHER WITH SCREENS & WASHING; DRAGLINE. SCAPERS, TRUCKS & LOADERS b. Maximum number of employees: 5 - 10 , and number of shifts: 1 `• c. Number of stales to be worked: TWO , a:,,. periods of time each is to be worked: PHASE 1 -- 8 YEARS; PHASE 2 -- 8 YEARS d. Thickness of mineral deposit: 15 - 40' feet, and thickness of the overburden: 1 - 5' e. This will be a wak,fdxy pit operation WET AND DRY f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : STATE HIGHWAY N0,52; . 1 MILE WEST OF U.S. 85 AT FORT LUPTON. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) PONDS , PASTURE & OPEN SPACE b. Source of technical advice for reclamation: SOIL CONSERVATION SERVICE; COIORADO DIVISION OF WILDLIFE c. Explanation of Reclamation Process: 1 . TOPSOIL REMOVED AND STOCKPILED. 2. OVERBURDEN MOVED TO PREVIOUSLY PITNED AREA AND PLACED ON BANKS OF POND. 3. BANKS SHAPED AND TOPSOIL REPLACED 4, PLANTING AND RECLAMATION ALL ABOVE ITEMS CONTINUOUS WITH MINING OPERATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD FRONT RANGE SAND & GRAVEL: STATE OF COLORADO • Omer 19e7;:—-Auu/tth�orized Agent S A day of !�l/L4.c., , sub'scri., and sworn to before me this j 'SEALCHL� U NOTARY PUBLIC X22.7 _ ' s At-0.• � � r/ Frl7 Co 806 3/ My Commission expires t%c.4 {O,, /,k& St'--LEMENTAL INFORMATION FOR WELD r 'NTY The site proposed for mining has been determined by testing to be an econom- ical source of sand and gravel . The operators having been in the business for many years, know there is a growing narket and need for these materials in the southern Weld and Denver Metro areas. The proposed operation is consistant with the Weld County Comprehensive Plan in that sand and gravel are a limited resource and shall be removed prior to any higher development of the property. The site is located in an Agricultural Zone where gravel operations are permitted with a set of Opera- tion Standards and approveal by the County. A portion of the site is in the Flood Plain of the South Platte River and the operator will comply with the special overlay district requirements. The mining operation will use primarily waste land for the plant site and stockpiles. The larger area is in pasture grass and not used for agricultural production due to its location in the Flood Plain, the high ground water, poor soil and scattered large trees . Forty (40) acres of the site is in alfalfa, but is considered marginal by the owner. The proposed operation will be compatible with the surrounding agricultural and pasture land uses. The mining areas are over 1/2 mile from the major Highway and County roads. The residences are located along these roads and provide a very low density of houses. Adequate separation, site access control , and the proposed operation will provide for the protection of the health ,safety and welfare of the residents in the vicinity. The reclamation of the site for pasture land, ponds and open space will be compatible with the future uses in the area. No potable water will be required in the operation. Drinking water will be provided with bottled water. Sewage facilities will be provided for the employees with portable sanitary units . Office wastes will be bagged and no debris is connected with the operation. Animals are not a part of this use. Fire protection will be provided by individual extinguishers in the equipment and office units . A water truck used for sprinkling the roads will be available. a. No specific storm detention ponds are proposed. The site will be kept graded to keep any storm water on site. The proposed mining plan, the timetable and reclamation plans are detailed in the main report. The operation will consist of a crusher, screens, washing and handling equipment, scrapers , draglines, loaders , dozers and blades , water and gravel trucks , an office and scales. Five to ten employees will be on site. Truck drivers and other personnel will make trips, as necessary, to the site to complete various facets of the operation. Normal hours of operation will be limited to daylight hours. Main access to the site if from Highway 52. A new bridge over the Lupton Bottom Ditch will be installed to carry the truck loads and provide better turning movements. Widening and signing requirements of the State Highway Department will be completed as required. Material will be moved from the site in large 25-Ton trucks. Initial pro- jected production will require 40 trips per day. This will increase in later years as production increases . b. GENERAL 1. REPORT INFORMATION: Front Range Sand & Gravel Company has leased the minerals on the subject property from the Ackerson Estate and proposes to mine sand and gravel at the site. This application is being submitted to the Colorado State Mined Land Reclamation Board in order to obtain a Rugular 112 Permit for the operation. An application is also being submitted to Weld County for approval of a "Special Use Permit". We have prepared this report to provide background information on the site and to outline the nature of the proposed operation for review by the above authorities. 2. LOCATION & ACCESS: The subject property consists of 200± Acres and is located approxi- mately 1-1/2 miles Southwest of Fort Lupton, Colorado. Access to the property is on State Highway No. 52, 1 mile. West of U.S. .85. These highways are paved. Field roads presently serve the areas to be mined and these will be improved and gravelled to serve the oper- ation. The property is zoned Agricultural . 3. TOPOGRAPHY: The proposed operation consists of three separate areas. Area "A" on the North end consists of 15 Acres of land and lies between the access road and the Lupton Bottom Ditch. The land is fairly flat and presently unused. There are some older buildings and corrals on this property. Due to the location of the access, the narrow configuration of this area, and the fact that most of it lies above the flood plain, this area will be used for the office, scales, and equipment maintenance and storage. Some secondary use may be made of this site for smaller material stockpiles. 1 3. TOPOGRAPHY: ,CONTINUED) Area "B", consisting of 401- Acres , will be the first area mined. It is presently in alfalfa. The land is flat, containing small irriga- tion ditches. The tract falls to the Northeast at about 0.4%. Area "C" consists of 130- Acres in the Southeast part of the site. Presently this area contains 7.5 Acres in cultivation, with the remainder as river bottom pasture. The South Platte River lies along the Easterly boundary of this tract. The Big Dry Creek and Lupton Bottom Ditch join at the Southwest corner of this area and take an extremely meandering course across the tract to the North. There is a variety of trees scattered throughout this area. 4. DRAINAGE AND FLOOD PLAIN: There are no major drainage ways across the property other than the Big Dry Creek described above. All of Area "C" lies within the 100- Year Flood Plain as shown on Flood Insurance Rate Map Community Panel No. 080266-0981-C (September 28, 1980) and prepared by the Federal Emergency Management Agency. With the flood elevations determined, it appears the flooding depths across the property would probably be less than 1 foot. 5. ZONING: All adjoining uses are agricultural and the nearest residences are about 1/4 mile from any of the proposed mining operation. 2 LEGAL DESCRIPTION AREA "A" : That part of the Southeast Quarter of Section 1 , Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado lying West of the Lupton Bottom Ditch. AREA "B" : The Northeast Quarter of the Northwest Quarter of Section 12, Town- ship 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado. AREA "C" : The East Half of the Southeast Quarter of Section 12, Township 1 North, Range 67 West of the 6th P.M. , and the West Half of the South- west Quarter of Section 7, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying West of the South Platte River. AREA "D" : Access roads across the Southeast Quarter of the Northwest Quarter and the Southwest Quarter and the Southeast Quarter, all in Section 12, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado. EXHIBIT A A - 1 - I l 'Sa 8 — `V�� j 0 I • l — ,)---r,,, \ Il 4090 E /C u —. — _ itM 4892 e • Mme Dum�l a rY n III l = - -. n t / In .. tae�� ui 2 i I II Intl \ qQ // ` �T_/7 � � tr9 a Il P', � � � ��,.'�r • 0 se �.. �pTl'r9 32 o k swage a TI • p ° - ' �• 90 Its osal o e Jib �: o (/ / / n 5 / 1 v t, / o I ~tr..�� I !�. .��49M �'taI( ) ) * _:____ // l , Ida t ' ��� lidlio— '•< / '''-'-'-'' s ..) • 1:,i71 7- ..,•.1.15 cybiy1<rtLu'ptori ' Q • O��I % �w+ 52 51 .( III0ag8ta 7 :: . i �p l' �:I -. O �89� a. :.1'•Il} •I. I ,,)II,I a. older � - I 3 ii?I $e ) �j I 1 , iiiuAsK • �� J ( M I ct i 9 U �(� /(� IW 7 �T IN. 11 ,R.6'W v y t ;\ T.Iti1�0 1� o _ 8 o J// rv ' /F•66W. :e'Y )----) 4960 �' n .p� 0.930 tr r M .�. _� }4932• I y ' a a ° ( "q VICINITY MAP EXHIBIT B �� ' it_ o Az. FRONT RANGE GRAVEL PIT 17 49 M �I jp n/ / 9 434J - ao- _ tr B I f LOU - REY �} Geotechnical Engineering / Soil & Foundation Engineering 665-2651 466-3392 Sub-Surface Soils Investigation Weld County, Colo . Prepared For: Mr. Jerry Rhea Mr. Glenn Salmons Quality Paving Co. Broomfield, Colo. 80020 J File No . 84-1209 Gravel Pit Exploration Fort Lupton, Colo. Lou-Rey Geotechnical Engrs. P.O. Box 207 Broomfield , Colo. 80020 C - 1 LOU - REY Geotechnical Engineering Soil & Foundation Engineering 665-2651 066-3392 TO: Mr. Jerry Rhea December 20th, 1984 Mr. Glenn Solmon Quality Paving Co . 11780 Old Wadsworth Ave . Broomfield, Colo . 80020 Subject: Sub-Soil Investigation Gravel Pit Sites . Fort Lupton, Colo . Project No . 84-1209 Lear Sirs: In accordance with your request of November 30th, 1984 , we Have conducted a sub-soil Investigation at the proposed Gravel mining sites , located just west of Fort Lupton, Colo . The purpose of this investigation was to determine the suit- ability of the granular ,materials for use as aggregate for Bases and aggregate for Hot Plant Mix-Bituminous Pavement. It is our opinion-in particular the 40 acre parcel-is suit- able for the proposed mining and crushing operation. If we may be of any further assistance, please , do not hes- itate to call. Very trul ours ou Rey -� p,G`, my Geotechnical Engrs. P.O. Box 207 Broomfield , Colo . 80020 C - 2 LOU - REY Geotechnical Engineering Soil& Foundation Engineering 665-2991 466-3392 General The following report presents the results of a sub-surface Soils Investigation on property located just west of Fort Lupton, Colo . ; in particular - Parcel 1 , 80 acres, Legal-West% SW% of Sect 7 T1f R66 W of 6th Piet. Parcel 2, 80 acres, Legal - East SL i; of Sect 12 , T1N R67 W of 6th PM. Parcel 3 , 40 acres NE % NW % of Sect 12 T1N R67 W of 6th PM. Parcel 4, 200 acres Sect 11 & 12 T1N , h67 W of 6th PM . The purpose of this investigation was to obtain the technical information and soils property data necessary for the proposed mining and crushing operation. The conclusions and reco- mendations presented in this report are based upon analysis of field and laboratory data and experience with similar soils in the general vicinity. Field Investigation Thirteen exploratory test borings were drilled on December 10th, 1984 the borings were made with a 4-inch power auger under the super- vision of one of our Soils Engineers . The depth penetrated by these borings was to a maximum of 52 feet. Nine test pits were excavated on December 11th, 1984, test pits were dug with a 11/4 yd hydraulic BackHoe . Pits were dug to approximately the 8 to 10 foot depth. Soil samples were visually identified in the field and subsequently checked in the laboratory . The logs of the test borings and Test Pits are included in the Appendix. Soil and Site Conditions The sites explored were located along the river and were fairly level with heavy weed and grass cover, and are presently used as pas— ture and farming purposes . Test borings one thru 5 were drilled on Parcels one and two consisting of 160 acres. Test borings 5 thru 13 were drilled on Parcel 3 consisting of 40 acres . Parcel one and two C - 3 LOU - REY 1.7 Geotechnical Engineering Soil& Foundation Engineering 665-2651 468-3392 were covered with a 6 to 8 inch layer of dark brown Silty clay, moist and organic (top soil) , beneath this layer to depths as deep as 10 ft is a Dark brown to brown Sandy Clay, wet and med-stiff. At about the 10 foot depth there is a Reddish-brown coarse sand , moist and med-dense , with rock size to 1 " . This layer extends to the bedrock with is a buff- colored Sandstone of med-hardness, which varies from 28 to 33 feet. Test borings 5 thru 13 were drilled on Parcel 3-40 acres, which is presently used as Alfalfa ground. This parcel is covered with a 6 to 12 inch layer of Dark Brown Silty-Sandy Clay, moist and firm. Be- neath this layer to a depth of 6 feet in the south half is a Dark bron to brown sandy Clay, moist and med-stiff. The overburden mat- erails are shallower in depth in the North half of the Site . From the 2 to 6 foot depth is a Reddish-Brown Coarse sand and Gravel, with rock size to 4 inches. Extending to the bedrock-sandstone which varies from 24 to 52 feet. Laboratory Testing The laboratory testing program was undertaken to determine Gradation Test Results, A Ios Angeles Abrasion Test Was also run to determinse percentage of wear on the rock. The rock has a per- centage of wear of slightly less than 25%, which is within the limits of 45% or less and is in compliance with AASHTO T 96. , prescribed for Bituminous Pavement by the State Department of Highways, State of Colorado - Standard Specifications for Road Construction. Specifi- cations for aggregate for use as Base Course Material and Hot Plant Mix-Bituminous Pavement are enclosed in the Appendix. Limitations The recommendations of this report are based upon the assump- . tion that the soil conditions do not deviate from those disclosed in the borings. If any variations or undesirable conditions are encountered during construction of if the proposed construction will differ from that planned at the present time, IOU-REY GEOTECHNICAL C - 4 LOU - REY Geotechnical Engineering Soil& Foundation Engineering 665-2651 466-3392 ENGRS, should be notified so that supplemental recommendations can be given. This report is issued with the understanding that it is the responsibility of the owner, or of his representative , to en- sure that the information and recommendations contained herein are called to the attention of the Architect and Engineers for the pro- -ject and incorporated in the plans , and that the necessary steps are taken to see that the Contractors and Sub-Contractors carry out such recommendations in the field . O c - 5 'LOU - REY Geotechnical Engineering l & Foundation Engineering LOS ANGELES ABRASION TEST ll I . ' . . ' To : .,/ �9. Job No. 7 / irn/.'T/ �/74'Ui.v" . Date : ; ICJ . 4iQo6P1�•c/set Ca/G.-I Subject : Revolutions 1;',(.7.0 Grading /1 Spheres I ? SIEVE SIZE WT. OF SAMPLE I '' 'In I, 2Qf�.to 5 (I 2%,..,., 1 ,218.5 ( ,., , :X1 ..11) yZ 1 .250, 0 5 (IL . `, 'Z I n �� 1 zest I 5 ( Cr , , . p c J Total Weight of Sample Before: 5005,o q r% ' �4MP I / Total Weight of Sample After : 317(oO3'Io <1 `p G K Loss , 1244 A / p / / e . Percent Wear: _ ( S 2— �fb % a(//d � / f1 , Specifications % Max. tit Prepared by .,97(/,1" x`•"79 i • I,Iwiwww Mw...wM nN.I.M.AI. 1 MI n....n1. wn..•.1/.• ae H.....M 1 as.,. . ww....IVI. C - 6 CA-2-79 Jc _J-7- j�.•T • • • LOU - REY #! HYDROMETER ANALYSIS SIEVE ANALYSIS ' TIME READINGS U S.STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR IHR. 45 MIN 15 MIN 60 MIN 19 MIN 4 MIN. I MIN '200 '100 '50 '40'30 '16 1i'8 'e 100 -I I 0 90 ' 10 - I80 I- / 20 _ 70 I t 1 30 I q z 60 t 4O r Zo a h_________.--1 n r 50 _ - a 50 a i 40 I ' - I- I w 1 1 60 W i a J0 1 1 I 70 C - + I 20 _ 80 _ 10 I _ 1 90 _ I 0 11 1111 • . 1� n 1 lrl "1 nl if 1111• • I I1I1111 I 11pp .001 002. .005 .009 .019 .037 .074 .149 .297 21".50.0" 1.19 2.381 476 9.52 19.I 381 76.2 127 200 .042 20 152 DIAMETER OF PARTICLE IN MILLIMETERSI SAND GRAVEL CLAY TO SILT FINE JMEDIUM 'COARSE FINE ICOARSE COBBLES GRAVEL Y�'. % SAND.,.5-r%"'% SILT AND CLAY 7 % LIQUID LIMIT % PLASTICITY INDEX y' ----7-Cfr/:::71/.r° ,� SAMPLE OF ��w G/ FROM FT- &At771v. Zc a sr/ - GP - HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S.STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR 7 HR 45 MIN 15 MIN. 60 MIN 19 MIN.4 MIN. 1 MIN. '200 '100 '50 '40'30 '16 t08 '4 IL" t" 1'h" 3" 00 I I I— 0 1 I W 1 I ; 10 t 1 Bo i I 1 20 I I I 70 1 I r 30 O I 1 Z N I 1 40 w to • z 5L • I / I 50a • w Z 0.40 I I socc u a 1 w 30 I ,i-,7 I 1 70 n I 20 I I B0 I • T 10 1 I 90 1 0 i 1 r • . n I - `�1 1I 1 A . 114 I1 . . .ett 100 .U1 .002 1.005'1.009 .019 1.037 .074 .149 1 .297 I .590 1111.19 12.38 4.76 , 9.52 19.1 I 38.1 76.2 127 200 .042 2.0 152 I I DIAMETER OF PARTICLE IN MILLIMETERS CLAY TO SILT SAND GRAVEL FINE I MEDIUM !COARSE FINE J COARSE COBBLES GRAVEL yP % SAND y4 % SILT AND CLAY G % LIQUID LIMIT % PLASTICITY INDEX Y• SAMPLE OF 04:40 V C/ FROM /C r: ZH/r ,#sc GRADATION TEST RESULTS Fig. ir/ C - 7 .:A-2-79 . "�c.rT/17, T Lou - REY - tY FT-Zero. TorA,/. HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR 7 HR 45 MIN 15 MIN 60 MIN 19 MIN 4MIN. 1MIN. '200 '100 '50 '40'30 '16 1 i'8 1 - 1 0 I 90 ' 10 i r - 80 I I 20 1 I I 70 30 I 1 o I w 60 _ -1 �� 1 40? I < C _ i -r w F 50 I 50 2 2 t 1 i e40 Y 60U a 4 / 1 I n _ I I 70 I 20 A _ 80 1 1 10 30 { _ I - 1 o.001 002. 1 1.0051 1.009 .019 il I '.037 • .074'1 .149 1 297 �`,590 1111.19 7,38' 143 4.76 • 9 52 19.1 •38 1 ' 1 76.21 127 2 0° .042 2.0 152 IDIAMETER OF PARTICLE IN MILLIMETERS I SAND GRAVEL CLAY TO SILT FINE I MEDIUM !COARSE FINE I COARSE COBBLES GRAVEL Ya % SAND S7% SILT AND CLAY 9 % .�/ LIQUID LIMIT %T PLASTICITY INDEX %� Q �S/ e T• SAMPLE OF _ t4'V � �9%...3;04'141.: FROM Z25,4 Tel/ —O ' r HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S.STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR 7 HR 45 MIN 15 MIN 60 MIN. 19 MIN.4 MIN. I MIN. •200 '100 '50 40'30 '16 108 '4 100 1 I I - 0 90 I 1 ! 10 " y 1 I I 80 I 1 20 I 70 I I 30 I�;9 • H II �. 4 �� — — 4- I 50¢ 640 — I II 600 cc a. I 4 w 30 I a I } )0 1 20 I I I w — I 1 t 10 I 90 + ;0 I I III ] 4 A>� ] �1 1 I Il• A l J 1 1e�� 100 .01 .002 .005 .009 .019 1.037 3 1.0 4 .149 3 .297 .590 3111.19 12.39 4.76 9.52 19.1 ,38.1 176.2 127 200 .042 2.0 152 I DIAMETER OF PARTICLE IN MILLIMETERS SAND GRAVEL CLAY TO SILT FINE I MEDIUM (COARSE FINE I COARSE COBBLES GRAVEL f7 % SAND /o% SILT AND CLAY / % LIQUID LIMIT % PLASTICITY INDEX % SAMPLE OF Owe/ - FROM 27C.049ty - 4 de �l FT- AC Nowram. GRADATION TEST RESULTS Fig. /est C - 8 2-79 J c--,r r_ jlZ. •T LOU - REY HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S.STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR 7 H 0 45 MIN 15 MIN 60 MIN 19 MIN 4 MIN 1 MIN '200 '100 '50 '40'30 '16 11'8 '4 100 I 0 I- _ 90 ' 10 rI 90 _, i I 20 1 70 30 1 _ I U z 60 I 1 1 40 z N I I .11- et I I w 1 50 a50cr- z ,r ,- w I 1 w 0 40 . I 60,C.? a .� 1 a 30 r I 70 J1 � I 20 A - i 80 1 10 I I 90 I ' 0 11 1111 III I Y1 / 11 ( l l 11 1 4 1 1 u t I I 1111111 1 .001 .002 .005 .009 019. .037 .074 .149 1 .297 l .590 u 1.19 2.38 4.76 952 19 I 38.1 762 127 2 000 .042 2.0 152 IDIAMETER OF PARTICLE IN MILLIMETERSI SAND GRAVEL CLAY TO SILT FINE IMEDIUM ICOARSE FINE J COARSE COBBLES GRAVEL ,,c,.."4" 4" % SAND y9 Y4 SILT AND CLAY % /7.7/7- SAMPLE LIQUID LIMIT % / PLASTICITY INDEX x' - Cr OF FROM �/ / /l'.� 6 HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S.STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR 7 HR. 100 MIN 15 MIN 60 MIN 19 MINA MIN. 1MIN. '200 •100 '50 '40'30 '16 •108 '� I I 1— 0 I 90 L _ : to 1 I- I 80 I + 20 I 7o I 30 1 i 60 I I dO w I z I I i- r 0I 50= Z 'U T y • w 40 I I w 80O a I I i w 30 1 a 1� 1 70 I 20 4 I + gp I- 0 t I 90 _l T -..... 1 11 0 I 1111 • 1 1 1 Ilr. I rI 1111 I I , 4111 4 • 1 1 I1IUI1 j 100 .001 .002 . 05 .DOB .019 .037 .074 .149 .297 1 .590 1.19 12.38 4.76 9.52 19.1 38.1 76.2 1271 200 .042 2.0 152 IDIAMETER OF PARTICLE IN MILLIMETERS SAND GRAVEL CLAY TO SILT FINE I MEDIUM !COARSE FINE I COARSE COBBLES GRAVEL p/ % SAND /7% SILT AND CLAY z % LIQUID LIMIT % PLASTICITY INDEX y° SAMPLE OF FROM T�G.#0,0FTis/ - 7 ' -12e/Ai. GRADATION TEST RESULTS Fig. L 3 C - 9 --CA-2-79 �C,"r 7" /'_-----)/J • Lou - REY Ate 7 HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S.STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR 7 H 45 MIN 35 MIN 60 MIN 19 MIN 4 MIN. 1 MIN. '200 '100 '50 '40'30 '16 1I'6 100 I 0 90 I 1 10 - 1 Y 1 I -1. I 20 BO I 1 I 70 - I I 30 I r O O I z_ 60 I I 40 Z N r r w a ' w 1 ___.,. .la1 w� H 1 2 _tea- 1 2 LLI l- I U woo -, r 1 1 �10 a T I 0, 30 II I 70 f 1 I 20 i _ BO L o I • 90 I 0 1 ' I 1 1 I 1 4 _ 1 nu ' C u 1 I I 1 I la 1 " I I1 1 1 1 1, I 04 OCt .002 .005 .009 .019 .037 .074 .149 .29] 22.0 152 .590 1.19 2.36 4.76 9.52 19.1 36.1 76 2200t2 I DIAMETER OF PARTICLE IN MILLIMETERS I SAND I GRAVEL CLAY TO SILT FINE IMEDIUM ICOARSE FINE// 1COARSE COBBLES GRAVEL 3' % SAND UZ !O% SILT AND CLAY % LIQUID LIMIT % / PLASTICITY INDEX % ----7 -7--�'• SAMPLE OF SANee_ Cog gv/C./, FROM fled/n4f 7 HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S.STANDARD SERIES I CLEAR SQUARE OPENINGS 24 HR 7 HR •10 45 MIN 15 MIN 60 MIN. 19 MIN.4 MIN. 1 MIN. '200 '100 '50 '40'30 '16 6 '4 d 100 I f H T I ' I 10 I 1 I 80 1 r " I 20 I 70 •1 V - 30 0 I w Z CO I 40 Z in in 4 I 1 1 L F`d — I 1 f 50¢ z 1 Jo ,.--.4I1 z uhi40 1 j 1 600 a ' 1 n 30 1 70 20 * I ' aci I I 1 I 0 1 10 i 1 I 1 1 I ' 1 , ' nil - ri 1 .11 I 14 , .,0 I ' 1 11.4., 1 100 001 .002 AM .008 .019 .037 .074 .149 .297 .590 1.19 12.36 4.76 9.52 19.1 38.1 76.2 127 200 0 I .00 42 2.0 152 I DIAMETER OF PARTICLE IN MILLIMETERS SAND COBBLES CLAY TO SILT FINE ' MEDIUM !COARSE FINE I COARSE GRAVEL 3 1 7 l ''dr'% SAND % SILT AND CLAY / % % 4i LIQUID LIMIT PLASTICITY INDEX SAMPLE OF FROM GRADATION TEST RESULTS Fig. A1- /• C - 10 I , • GRADATION ANALYr'S -K Lab \Jo. 1 , i WORKSHEET JOB NO. PART NO. DATE _PREP BY el JOB NAME CKED BY HOLE DEPTH SAMPLE NO. LOCATION VISUAL DESCRIPTION: ` `I/( '1 ! no '` SAMPLE PREPERATION SIEVE SIZE 3" 1 1/2" 3/4" 3/6" NO.4 SAMPLE WEIGHTS WT.OF PAN AND SAMPLE • WET D R Y WT. OF PANTOTAL , / '/- DRY WT. RETAINED '7Z /2.a? 18:2:7 8 1?;6,?a AMPLE ` J aL� J /> 11 O RETAINED I / DRY WT', PASSING p ON NO. 4_T_ ,76'9L % OF TOTAL PASSING (CV on g2 ,IZ 5 / f'1, NOPAS4WG W% s 5 ---s— SIEVE AND HYDROMETER ANALYSIS SIEVE WEIGHT WEIGHT TOTAL . FACTOR ; la - NO. RETAINED PASSING PASSING W 8 (0) 62.0 4g. MOISTURE,DETERMINATION •4 -4 HYGRO. HYDRO. 16 122 q ,j1' MATERIAL MATERIAL (MOISTURE SAMPLE 30 (•40) O1O•0 �6 DISH NO. Ci) ( $0 29,33 / (t. wr.WET Sa.ArD DISH _..\ __..al 100 287• It . WT.DRY SOIL MAO DISH ti 9,3, 200 pp • 4 . WT. DISH / I, 1 PAN 1 30i-.1•4 WT. OF DRY SOIL : W TOTAL --- % MOISTURE --- • HYDROMETER ANALYSIS • CYLINDER. NO. SPECIFIC GRAVITY DISPERSING AGENT DISH NO. DATE AMOUNT ml DATE CALI& CLOCK TEMP. HYD. ��{(}}++pp 4c pRq %pF 7OTAL PARTICULE' TIME TEST TIME C• BEAD CORIT READ �' PASSfJG DIAMETER START MIX -- — — — Z / '� STOP MIX -- -- w Z /o (.5� •1A(fvi 0.5 min a < :; 050 Tm �� 1 1 � 1.0 min V J 0.037 mm t 1 W ec 4.0 min it¢ ~O 0.019 mm 0 I- 19 min U a 0.009 mm x O 60 min s K 0.006 mm Th 15 min U 0.002 mm C 25h 46,1 min LL 0.001 mm GRAVEL 1 I • % SAND cc % CLAY-SLIT d _ % STORAGE LOCATION W CORRECTION INCLUDES TEMP., MCNISCVS, AM DEFLONUNT lyre T1,- S..ptAVAcaRt C - 11 GRADATION ANALV' 'S Las 3cQ ' ' '�") WORKSHEET JOB t40. PART NO. _ DATE !l 1 ,PREP BY JOB NAMEi.", CKED BY HOLE DEPTH SAMPLE NO. . LOCATION VISUAL DESCRIPTION: (I' '''e'-i _ SAMPLE PREPERATION SIEVE SIZE 3" 1 1/2" 3/4" 3/8" NO.4 SAMPLE WEIGHTS WT. OF PAN AND SAAVI-E WET D R Y WT. OF PAN TOTAL . SAMPLE _�___ ) � . ' DRY WT. RETAINED =),C'iji 6(.1. q lu, 6 --(,.,H 1 \ DRY WT. PASSING `~ 7' C� ) `)L/ RETAINED '(l 'f�l '1��,? J •tn .,. 6' (,r ON NO. 4 ..% OF TOTAL PASSING + ') Y .? 7 IC tJ nP�AS<ING C'� i(l+ W% r /1 SIEVE AND HYDROMETER ANALYSIS SIEVE WEIGHT WEIGHT TOT?AFL FACTOR r - /1 4� NO. RETAINED PASSING PASSING W e.. .' `J 8 ( ,} !U?, Cj MOISTURE DETERMINATION '4 -4 ' HY(CRO. HYDRO. 16 y,,)C', MATERIAL MATERIAL 'MOISTURE SAMPLE 30 (qk) i )`,' ,i; 5. DISH NO. ,f t ) 50 c f(• ,4 WT. WET SOL AND DISH ,l 1 0 0 5:A l Z WT. DRY SOIL A►D DISH \ ,'' '/ / (J 200 %'/<:), 3 / WT. DISH /( -/ PAN 57 :).-7 WT. OF DRY SOIL , Y/ TOTAL 5 MOISTURE ' 1 1 ! - J HYDROMETER ANALYSIS CYLINDER. NO. SPECIFIC GRAVITY DISPERSING AGENT DISH NO. DATE [p} AMOUNT TOT,►,Lml DATE CALIB. CLOCK TEST TIME TIC P. , READ OAR qAD O %P�ASSl"K D METERS START MIX Z - - O STOP MIX ' a • 1 w z w a «!/// 1.0 min U J 0 037 mm i• w t 4.0 mm cr 0 0.010 mm ?� O 1 19 min U 0.009 mmu. / x O t 60 min r S x 0.005 mm 7h 15 min U 0.002 mm _ . t ?5h 45 min '•- ( 0.001 mm, GRAVEL 'O S SAND % CLAY-SLIT % STORAGE LOCATION .. A CORR(CTION I'CLLiD(f TEMP., MCNILCVt, AND DCILOCI JNT C - 12 • s r c e4,-, r { _ G GA'ONT, -----__ �._. _ /. ) :, -., y •4` I s " • ._fr.-4A y a . eat 1 }Qx•:r„ ...-t_at. -.7y11 a w <. ! '^ _ • • • 'C. .,.• . , • II. . • • lit 1� -Ip off, .}1 ,Y " ,i O.• �, 1 * r• �, u i $:T^f• bi. .T N. !:-' t .Y �' ..il 1 . .-.4t•••': -�i r x wry` ,,.,, YC‘-:4 • m ♦ F y. r . • . • ..r=r — let < ta._ h c i.►1 . /'1 {..- • A' e�i'y DTA�niKlif +I� ►7°'r , 4 • _ i t'Ec lr )J.-- ),,i ) '0 .. . . ,tf ' • • ' oI >y,� i ' / ice ` it' .' -it• a . * ri'� I . r ...� . •+ - h 77 P �._ - � Y - ' it r , • ^"� 4 r 1111 tr, w, r-ir i i I pi- . . ir3It4., 0 . ' i a rs- , 1 E I ' ,A� - I.4# r I _.,.7 ' • �;�., �', . • 1 i.- y� a 4;-; i . > Y ` +•.' d•;ti ( a1,:. • ` `' w�M kit '• f/ e7;wyr.*. ; - :.- ii `er- L P r •,1 A,, 'Y 1,,,,,,,,„-,„..::. 'Q 2n .. it t'! °`^ - `�" '-- # A!' y. ' P x ` r�'1,•,, • • n ; kf.Y • � ,. S J p44-,•44104(C-s,„ {y,1.fS{.`. C - 13 :Tod ,z: -- I-'5' -i_o r —7-a:77- A4/c. 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V N A 3 - TN N •�� 0 @ k c 0 mw• = N� N o< b IA v o •c- 0 E c o I1n\ \ Y N « y N CS T A y- ad i 1 I L : > E^ d r a +j, ] V OQT V 9M CO T9 .c J >NU 7 W a I ; T , c� PN E N OWN Y- T•' N L i O. a OnoYM Lm• N N'a N5 C \ N • L d . Q N L T a L N O a L '•-'� V o•-• > w s o. V - A •-� d rn^ ._ O T Oa V u o c n Y .-a p v. I- '.O..o.O.b .O'b'O'a'p.O.g1o,0 I;.\A %'dc) '1 cL�T &I Li on I:: as . t AWu VY TCI NINTMM q ^d ¢ a� nY N4 L. oC • C '0 JC Lm1•-Y N O -... r. u Y N < •U U T a '" V Oa 0 E m u c i.>'. mN.V o1- <. _�11� .0• , h'.n V. •9,.q, ICJ z • \1/��Oln 'O. q.4.'�, qV::q'O--_ `7n o . � ZQoo0 nI< •.:+ .� q mu . OI Or N V N MY td 2 N`InNL"�Jn :.(I-.-„, U� J V n 3 N �, a a C - 17 EXHIBIT D - PROPOSED MINING PLAN 1. SAND AND GRAVEL RESOURCES: It is estimated that applicant' s property contains a total of 4,030,000 cubic yards of recoverable commercial quality sand and gravel . Approxi- mately 653,000 CY of overburden and topsoil material which will have to be removed and properly stored to recover the commercial aggregates. The overburden, including topsoil , will be used in accomplishing the re- clamation plan as submitted. 2. GENERAL OPERATING METHODS: The operation proposed for the site is an open pit gravel operation utilizing normal construction equipment including draglines , loaders, scrapers , dozers and trucks . The equipment will operate in a manner normally used for both wet and dry gravel mining operations and con- struction excavations. No blasting will be required. Only the portion of the area being used for excavation, stockpile storage and the pro- cessing area will be removed from the existing use and land cover con- dition. The final configuration will be established concurrently with each mining phase so the reclamation phases can proceed. (a) . Area B (40 Acres) will be the first area mined. Excavation will commence in the Southwest corner and progress Northerly along the West- erly line, and thence by zig-zag to the East. Completion will be at the Easterly side of the property along the access road as shown. As the work progresses , the topsoil will be placed along the perimeter setbacks for use in final spreading and reclamation. Overburden will be placed back along the edges of the previously mined areas to create an irregular shoreline. This procedure is intended to require the materials to be moved only once and to initiate the final shoreline and topsoil spreading in sequence with the mining. Reclamation will commence as soon as a reasonable area is ready, but not be delayed more than one year from the mining operation. The stockpiles will be placed adjoining the pit area with the crusher and screens advancing with the excavation. This method is efficient and will minimize the amount of area disturbed at any one time. D - 1 2. GENERAL OPERATING METHODS:(CONTINUED) It is anticipated that dewatering of the pit area can be done through perimeter trenches in the mined area with pumping at the North end and discharging into the slough at the Northeast corner of the site. Any water used in processing the material will be discharged to a settling basin prior to discharge. (b) . Area C will be the second phase of the mining operation and will commence on completion of the first phase. Mining will begin in the Southeast corner, thence Westerly, thence Northerly in a zig-zag pattern to the North. A minimum 100 feet setback will be maintained along the South Platte River. This will maintain the present banks and existing vegetation. Adequate space for an access road paralleling the river will be established inside the mining area. It is anticipated that within the first three years of operation in this .phase, application will be made to the authorities to relocate the dual-use channel of the Big Dry Creek and Lupton Bottom Ditch across the Westerly edge of the property. The final locations and channel sections to be determined at that time. If the channel relocation is not approved, the property can still be mined with separate area located East and West of the channel , with adequate banks maintained. A channel crossing will be required in the Northwest corner of Area C to access the mining area. This area will be mined in a "block" system similar to the first phase wity only the area being used for mining and stockpiling opened at one time. The topsoil will be placed in the previously mined areas so reclamation can begin on an annual phasing basis. The material removed will be stockpiled adjacent to the open pit for drainage and processing by screening or crushing. The length of the stockpiles will run parallel to the river to minimize any flooding problems. D - 2 2. GENERAL OPERATING METHODS: (CONTINUED) (c) . Area A will be used as the office, scale and maintenance area. A new bridge will be installed over the Lupton Bottom Ditch near the present location to carry the loaded trucks . Plans will be prepared and submitted to the Lupton Bottom Ditch Board for approval of this crossing. Preliminary discussions have been made with the .Colorado State Highway Department. It appears an access at this point will be acceptable. Improvements such as widening or acceleration and deceleration lanes and turing radius will be submitted for approval of the Colorado State Highway Department. The highway is paved and the sight distances'from the point of access are adequate. The haul roads to mining Area B are about 1/2 mile , to Area C, an additional 3/4 mile. These will be improved and maintained as gravel roads to carry the loaded trucks. These roads are through field areas and away from any residences. 3. OPERATIONS PHASING: Mining of the proposed area is estimated to be accomplished during a 16-year period. The actual life of the operation will vary depending upon the economic conditions and demand for the products . The project has been divided into two phase areas , as noted on the Mining Plan (Exhibit D) , for analysis of the time schedule and the gravel volumes. 4. TIME SCHEDULE: The following time table has been prepared to show the projected schedule and is based on a production of 200,000 Tons the first year with a 10 to 15% annual increase thereafter, up to the 9th year. After the 9th year production will be at 500,00 Tons per year. D - 3 4. TIME SCHEDULE: (CONTINUED) YEAR ANNUAL TONS ACCUMMULATIVE TONS 1 200,000 200,000 7 2 220,000 420,000 3 245,000 665,000 4 270,000 935,000 k Phase 1 5 300,000 1,235,000 6 345,000 1 ,580,000 7 400,000 1 ,980,000 1 8 460,000 2,440,000 3 9-16 500,000 6,045,000 Phase 2 5. SITE DISTURBANCE: The Colorado Mined Land Reclamation Board has defined different degrees of disturbance in a mining and reclamation operation. The definition of those three types of disturbance is as follows : Major Disturbance: That area of a mining operation that in- cludes excavations, overburden spoils, and topsil stockpiles. Moderate Disturbance: That area of a mining operation which is a result of backfilling of an open cut, stabilization of waste dumps , leveling of overburdened soils , the smooth grading and the distribution of topsoil or other suitable approved plant growth medium. Also includes within the affected area , on-site private- ways, roads , railroads , evaporation or settling ponds , leeching dumps , work parking , storage or discharge areas, and areas in which structures , facilities, equipment, machines , tools or other materials or properties which result from or are used in the mining operation are situated. Minor Disturbance: That area of a mining operation which is undergoing preparation immediately prior to planting or seeding, is being planted or seeded, or has been planted or seeded and has not been released from bond upon full completion of all reclama- tion requirements as set forth in the permit. D - 4 In analyzing the total 1851- Acre site, we calculate the following breakdown for uses: Setbacks: 50' Boundary and 100' River 26.0 Acres Haul Roads 5.0 Acres Plant, Storage & Office Area 5.0 Acres Reserve Plant Site 10.0 Acres Total 46.0 Acres Net Useable for mining on Site 139.0 Acres Mining Area/Year = 10.0 Acres/Year in Area B (Based on 500,000 CY/Year = 20.0 Acres/Year in Area C D - 5 EXHIBIT E - RECLAMATION PLAN The landowner chooses to remove the sand and gravel for economic reasons and then to return the mining area, through reclamation, to wildlife habitat, pasture land and ponds as an open use area. The proposed post- mining land use is compatable with the surrounding farm and river bottom uses. Area "B" will be left with mostly pond surface. The portion of the peri- meter of this site that can be integrated with the adjoining farm land will be added to the fields with the remaining perimeter to be placed in pasture crop. Area "C" will be reclaimed into three (3) large ponds. The remaining land surface will be blended back into the river bottom pasture. The land is too saturated to be productive agriculturally and is also sub- ject to flooding by the South Platte River. The ponds and reclamation to grass, shrubs, cottonwoods, etc. will create an aesthetic site and be used for open space, grazing and wildlife habitat. Implementation of the re- clamation plan on the affected land as it relates to environment is as follows: GRADING: There will be very little overburden in this operation. Any over- burden will be placed back onto the shore line in an irregular shape and stabalized and compacted by the machinery movement. Grading will be done to achieve a minimum slope of 3h : lv from a point 10 feet below the water surface to the undisturbed existing terrain. Grading will be done in such a manner to prevent any ero- sion or siltation of the affected land. The shoreline stabalization will be completed as soon as feasible after the mining process. There are no refuse, toxic or acid producing materials associated with this mining operation. There will be no drill or auger holes or shafts constructed in this operation. WATER: Disturbance to the hydrologic balance will be minimized by: (1) . Compliance with applicable Colorado water laws and regulations governing injury to existing water rights. E 1 WATER: (CONTINUED) (2) . Compliance with applicable Federal and Colorado Water Quality Laws and Regulations. (3) . Compliance with applicable Federal and Colorado dredge and fill requirements. Dredge and fill is not part of this oper- ation. (4). No temporary or large siltation structure will be a part of the mining or reclamation plan. WILDLIFE: Where possible, all aspects of the mining plan take into consider- ation the safety and protection of wildlife at the site. The peri- meters and setbacks will provide continuous feed and cover. The long life phasing of the operation will allow relocation of wildlife on the site. The reclamation plan will also consider the wildlife in the plantings to provide food and protection. Whereas the ,creation,and management of.habitat is not a part of the reclamation plan, the Colorado Division of Wildlife has been contacted (See Exhibit H) and will be consulted during the actual mining and reclamation processes for more specific plans and recom- mendations . . The final site will create a more diverse environment through the creation of the-large ponds for water fowl and fishery use. TOPSOILING: At the initiation of mining, topsoil from the first area cleared will be stockpiled. This will be used for replacement on the areas completed during the first year of operation. Topsoil from the second area cleared will also be placed over the first area reclaim- ed. Thereafter, the topsoil from the area being cleared will be placed on the previous year's completed area. Again, during the final year of phase pperation, a stockpile of topsoil will be necessary to complete the final area topsoil replacement. This is feasible as there is adequate topsoil and the remaining land surface is consi- E - 2 TOPSOILING: (CONTINUED) derably less than the initial site condition. Topsoil is not expected to remain stockpiled for more than one grow- ing season. If, for some unforseen reason, it does , it will be seeded with a fast growing vegetative cover to keep free of wind and water erosion and any contamination or deterioration. The temporary stockpiles of topsoil will be in narrow, low berms for erosion protection and the existing grass and vegetation will re- main incorporated in the topsoil . The stockpiles will be located so that there will be no disturbance by the ongoing mining opera- tions and , therefore, handled only during the removal and replace- ment operations . Replacement of the topsoil in a uniform 10" to 12" depth will pro- duce optimum tilth for seed application. Compaction by the earth moving equipment will be adequate to provide stability on the slopes. The seeding, fertilizer, and mulch procedures will be in accordance with the recommendations of the Soil Conservation Service (See Exhibit J) . This will accomplish a rapid recovery and establish a diverse, effective and long-lasting native vegetative cover capable of self- regeneration. Other plants, shrubs and trees will be incorporated to complete the reclamation process. TIMETABLE: Reclamation will be continuous throughout the minicng operation. As the shoreline is created and mining progresses, the topsoil will be replaced along the banks and seeded as soon as practicable.. E - 3 EXHIBIT G - WATER INFORMAIiON The proposed mining operation will not affect the surface or groundwater systems in the area. Water requirements for the proposed operation consist of dust suppression for haul roads and gravel washing. An estimated 500 gallons per day will be used for dust suppression. Operating 200 days per year, the operation will require approximately .3 acre feet per year for dust suppression. Operations require about 600 gallons per minute (GPM) for washing sand and gravel . Based on requirements of similar operations , approximately 10 per- cent 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 28,800 gallons per day. When washing will be required, approxi- mately 50 operating days per year, 6 hours per day, water use will be 3.3 acre-feet per year. Total water requirements for the operation is then approximately 3.6 acre-feet per year. A well permit will be applied for. All discharged water for recycling will be pumped into the sediment pond to be constructed at the point of operation. No damage or changes will be inflicted upon the South Platte River. As mentioned previously, application will be made to relocate the channel for the Big Dry Creek and Lupton Bottom Ditch across Area C. G - 1 MINED LAND WILDLIFE QUESTION '.E for limited impact and select regular mine applications 1. Name of Company/Mine:FRONT RANGE SAND & GRAVEL: FORT LUPTON GRAVEL PIT 2. Name/Address/Phone of Contact Person: JERRY RHEA, 11780 WADSWORTH, BROOMFIELD, CO. 80020, PHONE: 289-5743 SEQ SECTION 1 ; NW4 AND SOUTH HALF SEC. 12, TIN, R67W; AND THE WE -T 3. Location of Mine:HALF OF SWa, SEC. 7, T1N, R66W OF 6th P.M. , WELD COUNTY , COLORADO (County, Township, Range, Section to nearest quarter quarter; Exhibit A—MLR appl. ) 4. Nearest Town/General Location: FORT LUPTON -- 2 MILES TO NORTHEAST 5. Land Ownership (Circle)O Private 2. BLM 3. USFS 4. Other 6. Present Land Use: PASTURE .____.. _ _. . . __ ___ 7. Proposed Final Land Use:PONDS AND OPEN SPACE 8. Type of Operation: G Surface 2. Underground 9. Minerals being mined: SAND AND GRAVEL 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) : 11. Miles of roads to be constructed: 12. Life of ?tine (years) :. 15 to 20 YEARS --.-- -.-. 13. Description of Operation and Reclamation -- Additional sheets may be attached (Exhibits B S E-MLR) INITIAL PHASE CONSISTS OF 200- ACRES AS SHOWN HEREIN. PRESENT USES ARE ALFALFA ON 40 ACRE PARCEL "B" AND FLOOD PLAIN-RANGE PASTURE ON 130 ACRE PARCEL "C" . PROPOSED USE GRAVEL PIT MINING AND ASSOCIATED USES. FUTURE USE IS FOR PONDS AND RECLAIMED OPEN SPACE. FINAL REPORT IS BEING PREPARED FOR REVIEW BY MLRB. SEE ATTACHED MAPS FOR CONCEPTUAL PLAN. . 14. Please enclose Maps of Project 0r' ration, Disturbance Ar,•:u; and Reclamation (En 1) il C. ) This will expedite processing. Your cooperation is npproeiated. 15 Prepared by: ems. //I�/ Date : /fl' / /9F McRAE & SHOR J , INC. , 122f- - 8th- AVENUE,GREELEY, CO. 80631 PH: 356-3101 H - 1 Pnpr 1 ''f ., MINED LAND WILDLIFE STATEMENT/EVALUATION (icevised) 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: Ft . Lupton Gravel Pit - Sand & Gravel - SP14 Sortinn L, NIA and 51/2, SPr 19, Tlu, R67W and Name/Type and Location of Mine (Legal) W1/2SW1/4, Sec. 7, T1N, R66W, Weld County wildlife Species list: Deer, coyote, fox, skunk, raccoon, muskrat, beaver, waterfowl, squirrel, pheasant, dove, magpie, weasel, mink, raptors, numerous small rodents and seasonal songbirds. Endangered/critical species/impacted: N/A Critical habitats/vegetative communities impacted: N/A Assessment of impact: Area "B" Wildlife impacts are minor as it is in alfalfa at the present time. Area "C" will impact wildlife negatively during the life of the mine. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . Stripped topsoil should be replaced and seeded with native grass species. As many trees as possible should be replaced, as no reclamation or mining plan was made available to this office it is somewhat difficult to make specific recommendations. No mention is made of a C.O.E. 404 permit, which will be necessary to rechannel Big Dry Creek. Date: 4/2'l/gs Prepared By: Don BgP5art _ Date: Submitted By: This statement is void if not processed within application. year. This analysis does not constitute approval pp i H - 2 app Page 2 of 2 SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, " in cooperation with the Colorado Agricultural Experiment Station ,7" v I 1 xy tla T+ ( tx 1.., 1 .s: ,,, ,ffillgis .1, - r r ,, 4 , .. ; .:•,, ' r , 4 M ORT 14 'l . xi`�* �M ^''xi yi"A 1 I,P ; yk!;lI4to t ' 2;i1 :4 '. , 1 it i'f I 6� r b t' 47 t r I r 19 { n .W ,fx 3 r 46 to , 5 � I '+ f, t . ' ' 3 .:3 a !A- ! a +82 3 Iii3. ,:i .� .. t 100 f ¶ : Tr f i I CT: ± : ea I) 1 v a I P c"�',`'£ i y# ten' $ '„yr' i.. 3. Ille --84„,',#,:x iiii.i„ii, d 1, or 4:„.1 mcis �r'Iw 1; ( `, t tic 29 i A a "1 29 ..ice 4 t ' ,f Mill r #�•' • y ;.7 f". .40 to.::'art'. a � 1 ` r 3 11119Am"...,i 1riit 1 T« ihtltid's ': I y .1 'It k' 4tt.'4 ' 75 r & °' - y , # ➢`Me ^ ' 13 ra. .i ^1"� • x #`Z 'r 4�} 1r x. 4 Kg' 21 .. i ., ,,, 0..".(1:1141)01‘11,*.: ?it'r i *' 24 y '� a . . n 9 U ,a�. L., .+s+,�.*.t>,yvv tgg9,3 .,f4..; 41 1' .V 1 • ₹ tt R y ay a �y f• •Cre¢k •., .a Cry_.,,, k r t.;4.,.. 1.• , � � . / 8 t er: P t �r 4 A ,4.4dI f R , Pswan r"y. 1 4 3—Aquolls and Aquents, gravelly substratum. This 10—Bankard sandy loam, 0 to 3 percent slopes. This nearly map unit is on bottom lands and flood plains is a deep, somewhat excessively drained soil on flood 1 P of all the major streams in the survey area. Aquolls, plains at elevations of 4,450 to 5,000 feet. It formed in which have a dark colored surface layer, make up about stratified recent alluvium along streams and rivers. Inii - 60 percent of the unit. Aquents, which have a lighter In- 1I eluded in mapping are numerous sand and gravel bars - colored surface layer, make up about 35 percent. About 5 and small areas of noncalcareous soils. percent is Aquepts and Bankard sandy loam. Typically the surface layer of this Bankard soil is These are deep, poorly drained soils that formed in brown sandy loam about 4 inches thick. The underlying recent alluvium. No one pedon is typical. Commonly the material to a depth of 60 inches is pale brown calcareous I. soils have a mottled, mildly alkaline to moderately al- sand stratified with thin lenses of sandy loam, loam, and ,f kaline loamy or clayey surface layer and underlying fine gravel. material and are underlain by sand or sand and gravel Permeability is moderately rapid. Available water within 48 inches. In places they have a gleyed layer in the capacity is low.The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is underlying material. Y g„.,` z it c:uhincl to flooding- The water low- This is at the This sou is suited to limited cropping. It is sandy and table is at or near the surface early in spring and recedes subject to flooding. Pasture is the best use. Tall wheat- to as deep as 48 inches late in fall in some years. grass, tall fescue, and annual sweetclover are some of the These soils are used for rangeland and wildlife habitat. most suitable crops. Light, frequent irrigation by furrows Some small areas have been reclaimed by major drainage and flooding is best. Commercial fertilizer improves the and leveling and are used for irrigated crops. amount and value of forage produced. The potential native vegetation is dominated by alkali The potential native vegetation is dominated by sacaton,edge, switchgrass, and western wheatgrass. Saltgrass, ominent. switchgrass, indiangrass, sand bluestem, sand reedgrass, sedge, rush, and alkali bluegrass are also prominent. sideoats grama, needleandthread, and blue grama. Much Potential production ranges from 3,000 pounds per acre in of this range site includes other soils and vegetation in favorable years to 2,000 pounds in unfavorable years. As such a complex pattern that it is difficult to map them range condition deteriorates, the switchgrass, alkali separately. Potential production ranges from 2,500 pounds sacaton, and western wheatgrass decrease and saltgrass, per acre in favorable years to 1,500 pounds in unfavorable sedge, and rush increase. years. As range condition deteriorates, the tall and mid Management of vegetation should be based on taking grasses decrease; blue grama, sand dropseed, and forbs half and leaving half of the total annual production. Seed- increase; and forage production drops. Undesirable weeds ing is difficult and costly because numerous tillage prac- and annuals invade the site as range condition becomes tices are required to eliminate the saltgrass sod. poorer. Switchgrass, western wheatgrass, alkali sacaton, tall Management of vegetation should be based on taking wheatgrass, and tall fescue are suitable for seeding. They half and leaving half of the total annual production. Seed- can be seeded into a clean, firm seedbed. Seedbed ing is desirable only in areas large enough to interseed or preparation usually requires more than 1 year to to prepare a seedbed. Switchgrass, sand bluestem, sand eliminate the saltgrass sod. A grass drill should be used. reedgrass, e scent sideoats ided wh eatgrass, intermediate wheatgrass grama, little are Seeding early in spring has proven most successful. suitable for seeding. This soil can be seeded by using an Wetland wildlife, especially waterfowl, utilize this unit. The wetland plants provide nesting and protective cover, interaeeder or a firm, clean sorghum stubble. A grass dr 11 as well as some food. The nearby irrigated cropland, is required. Seeding early in spring has proven most suc- cessful. where wildlife obtain much of their food and find protec- This soil is generally not suited to the establishment five cover, makes this unit valuable to both wetland and and growth of trees and shrubs. Onsite investigation is openland wildlife. needed to determine feasibility and possible tree and Openland wildlife, especially pheasant, use this unit for shrub species. cover and nesting. Deer find excellent cover in some Wildlife is an important secondary use of this soil. The areas. cropland areas provide favorable habitat for ring-necked These valuable wildlife areas should be protected from pheasant and mourning dove. Many nongame species can fire and fenced to prevent encroachment and overuse by be attracted by establishing areas for nesting and escape livestock. They should not be drained. cover. For pheasants, undisturbed nesting cover is essen- These soils have good potential as a source of sand and tial and should be included in plans for habitat develop- gravel. Capability subclass VIw; Salt Meadow range site. ment, especially in areas of intensive agriculture. Range- land wildlife, for example, deer and antelope, can be at- tracted by managing livestock grazing and reseeding where needed. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, VIw nonirrigated; Sandy Bottom land range site. I - 2 Illa191-1:olonaho clay loam, 0 to 1 percent slopes. This is Wildlife is an important secondary use of this soil. a deep, well drained soil on flood plains and terraces at'I Ring-necked pheasant, mourning dove, and many non- elevations of 4,600 to 4,780 feet. It formed in stratified game species can be attracted by establishing areas for calcareous alluvium. Included in mapping are small areas; nesting and escape cover. For pheasants, undisturbed of soils that have a loam surface layer and some small'. nesting cover is essential and should be included in plans leveled areas. for habitat development, especially in areas of intensive Typically the surface layer of this Colombo soil is dark I agriculture. grayish brown clay loam about 14 inches thick. The upper; Where this soil is on flood plains and is susceptible to 7 inches of the underlying material is pale brown flooding it has poor potential for urban and recreational stratified clay loam and loam. The lower part to a depth development. On the higher terraces the potential is fair. of 60 inches is very pale brown loam stratified with thin Dwelling and road designs need to be modified to in- lenses of fine sand, medium sand, and clay loam. crease the capacity of the soil to support a load and to Permeability is moderate. Available water capacity is protect it against frost action. Capability subclass IIw ir- high. The effective rooting depth is 60 inches or more. rigated. Surface runoff is slow, and the erosion hazard is low. In irrigated areas this soil is suited to crops commonly grown in the area, such as corn, sugar beets, beans, alfal- fa, onions, and potatoes. All methods of irrigation that are common to the area are used. Borders are suitable for small grain, alfalfa, and pasture. Furrow irrigation is used for row crops. Crops respond to application of nitrogen and phosphorus. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. 108 SOIL SURVEY TABLE 8.--CONSTRUCTION MATERIALS (Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "good," "fair," "poor," and "unsuited." Absence of an entry means soil was not rated) Soil name and Roadfill Sand Gravel Topsoil map symbol 1 , 2 Good Fair: Fair: Fair: Altvan .. excess fines. excess fines. thin layer. D. 3x: Aquolls Poor: Good Fair: Poor: wetness, excess fines. wetness. frost action. • 10 Fair: Fair: Unsuited Poor: Bankard low strength. excess fines. too sandy. ID 19, 20 Fair: :Unsuited ;Unsuited ;Fair: Colombo low strength, I too clayey. frost action. I - 3 �� United States Soil 60 South 27th Avenue Brighton, CO 80601 y Department of Conservation � r 659-7004 � Agriculture Service June 3, 1985 McRae and Short, Inc. c/o Gerald B. McRae 1227 8th Avenue Greeley, CO 80631 RE : Front Range Sand and Gravel Enclosed please find the information that you requested regarding the mining and reclamation plan for the above referenced pit. SOILS: The soils found on the area are classified as Colombo clay laom, 0-lq slopes (Area A) and Aquolls and Aquents with a gravelly substratum. These soils are typical of those found along the stream beds and river bottoms in Colorado. A complete discription of these soils can be found in "Soil Survey of Weld Sounty, Colorado - Southern Part". A copy of this report can be obtained from our office if you do not already have one. VEGETATIVE INVENTORY: The vegetation found in areas A and C consist of: GRASSES ANNUALS Alkali sacaton Kochia weed Common cheatgrass Mustard weed Western wheatgrass Wild lettuce Switchgrass Canada thistle Sedges Bull thistle Field bindweed Rushes Curly dock Wholly plantum Area "B" is currently being used as irrigated hayland with alfalfa and brome grass being the dominate species. In it 's present condition, average annual yield should be around 4 tons per acre.. There are also small patches of annual weeds around the edges of the fields. RECLAMATION REVEGETATION RECOMMENDATIONS: After mining operations are completed, all slopes should be stabilized and revegetated to control erosion. All runoff should be directed away from the slopes and not allowed to run onto the slopes. If slopes are to be seeded, final grades should be no steeper than 4: 1 with 6: 1 or flatter slopes being much more desirable. If needed, topsoil should be added and thoroughly mixed to a depth of 6 inches. A soil sample should be taken and analyzed for fertilizer recommendation. In no case should less than 40# of nitrogen and 40# of phosphorous be applied immediately prior to seeding and lightly mixed into the soil . O J - 1 Page - 2 Grass seeding should be done between October 15 and April 15. The following mix would be recommended for this site: Nordan Crested Wheatgrass (50%) = 511PLS Oake Intermediate Wheatgrass (25%) = 4NPLS Luna Pubescent Wheatgrass (25%) = 4YPLS 1311PLS The use of a grass drill with depth bands is highly recommended. If slopes will not permit the use of a grass drill , then either broadcast seeding or hydro-mulching can be used. If either of the latter methods are used, the seeding rate should be doubled. After seeding is completed, the area should be mulched with 400011/ac of good, clean wheat straw or native hay. This mulch should be applied evenly and "crimped" into the soil . At least 50% of the mulch should be 10 inches or more in length. I hope the above information will be satisfactory for your needs. If I can be of further assistance, please feel free to call on me. Sincerely, No man J . 'G7ells, Jr. , Soil Conservationist : NJW/ljg J - 2 EXHIBIT L - RECLAMATION COSTS Upon project completion, approximately 75.0 Acres will be in land, and 110 Acres in lake surface. . The total actual cost of the reclamation is difficult to determine as the movement of topsoil and overburden in an integral part of the mining operation. It is anticipated that "wind break" trees and other seedlings will be obtained from the Soil Conser- vation Serice to assist in the proposed plantings. We have made the following analysis of the reclamation costs . We have considered the total plant site, haul and access roads to remain the same throughout the life of the project. To achieve the annual produc- tion rates projected, the amount of mining area required in total on an annual basis would be about 10 Acres in Area B and 20 Acres in Area C. On this basis and using the maximum areas , we have the following: MINOR DISTURBANCE = 20 Acres Area in existing condition (pre-mined area) or in pond and embankment (post-mined) . MODERATE DISTURBANCE = 10.0 Acres Area in Haul Roads and Plant Site. MAJOR DISTURBANCE = 20 Acres Area under actual mining and being used for stockpiles, loading access and hauling. DEGREE OF DISTURBANCE MINOR MODERATE MAJOR Annual Area 20 Acres 10 Acres 20 Acres Reclamation (cost/Acre) $600.00 $650.00 $1300.00 Disturbance Cost $12,000.00 $8,500.00 $26,000.00 TOTAL COST (at any time) _ $46,500.00 L - 1 • . R B 0901 REC 01907957 11/03/82 OE 7 $3.00 1 /001 F ). AR1907957 R r 73 MARY ANN FEUERSTEIN CLERK i, RECORDER WELD CO, CO I RECORDERS STAMP .II. ITHIS DEED. Made this 2nd dayof November ,i982, ,i; between MYRNA KAY SLABASZEWSKI of the County of Weld and state of II S„ ', Colorado.of the first part,and FREDA LEE DREILING �� -r P. whose legal address is 4025 Weld County Road 23, lIl tf1, a• Fort Lupton, L ti ofthe County of Weld and state of I a Colorado,of the second part. II I WITNESSETII,That the said part y of the first part,for and in consideration of the sum of Other Good and Valuable Consideration and Ten and 00/100 DOLLARS. :, fir to the said part y of the first part in hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged, has remised, released, sold,conveyed and QUIT CLAIMED, and by these 2, I presents does remise.release.sell.convey and QUIT CLAIM unto the said part y oft he second part, her heirs, s I successors and assigns,forever,all the right,title,interest,elaim and demand which the said part y of the first part , I ha S in and to the following described lot or parcel of land situate.lying and being in,he County i i of Weld and State of Colorado,to wit: yy- a The West 30 acres of the West 1/2 of the Southeast 1/4, Section 1 , N Township 1 North, Range 67 West of the 6th P.M. , II Reserving unto grantor all her right, title and interest in and to a-«? , all gravel, coal, oil, gas and all other minerals lying in or under *4 said property. iar l; II i I I DEED FOR TRADE AND EXCHANGE PURPOSES.. .NO DOCUMENTARY FEE REQUIRED. . I I ,yj.': I Y* also known as street and number II TO HAVE AND TO HOLD the same,t ogether with all and singular the appurtenances and yririleyrs thereunto ,y, I belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the I said party of the first pat,either in law or equity,to the only proper use,benefit and brhm,f of the said part y of the second part,her heirs and assigns forever. s rF` IN WITNESS WHEREOF,The said part er r y of the first part ha hcr9 n s hand i I and seal the day and year first above written. L I �� _JSEALI �I y I Signed,Sealed and Delivered in the Presence of My a Ka Sl baszefSski ; 3y.,y — ISEAI•I �w+,?any I I I+ _— __.______._ISEA LJ I STATE OYCOLORADO, 1 as. I; ' wt, II County of Adams 0 i The foregoing instrument was acknowledged before me this 2nd day of November 1982.b? Myrna Kay Slabaszcwski. a Myg mmission expire• ,19 ,Witness my hand and official seal. vl{Y ';•'"1pA6 SCI"••, / -) ,7 , ft 1II * il0lAR1..yret. / y .c7d �7//r_ -- c ..,. tiff , ,, ,,o • : , l Ir '.'dd'x&ti col cwptery Public: `� ? — 1 6:' (1P 7,.,.C4 I 3 1078 oclu. '"'' ' r O y r C]iti Re. fvc. ...��/_f) .J _. ?Ann, Pnn Feuerstein, Recorder i i 1 ' , PERSONAL REPRESENTATIVE'S DEED 't (Testate Estate) THIS DEED is made by DORIS ACKERSON as Executrix and as Personal C3/4) R Representative of the Estate of LENA ACKERSON, deceased , Grantor to Elsie Thibault iCa during her lifetime and from and after her death to Myrna Kay Slabaszewski formerly ;i Myrna Kay Ackerson. 205 Stanfield, Cheyenne. Wyoming 82001 and Freda Lee Droning t 1. formerly Freda Lee Ackerson, 60 South 14th Avenue, Brighton , Colorado 80601 , Grantees, O s WHEREAS, the above-named decedent in her lifct e made and executed e her Last Will and Testament dated June 28, 1950, which Will, the First Codicil S .t thereto dated December 19, 1950, the Second Codicil thereto dated March 23, 1951, t-.' and the Third Codicil thereto dated July 22, 1955, were duly admitted to probate c' on March 9, 1964, by the District Court in and for the County of Weld , and State of Colorado, Probate No. 9385: n 1 WHEREAS, Grantor was duly appointed Executrix of said Estate on ' March 9, 1964, and is now qualified and acting as Personal Representative of said c) Estate. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by I the Colorado Probate Code, Grantor does hereby sell, convey , assign , transfer and set over unto Grantees: Elsie Thibault, during her lifetime and from and after her death to Myrna Kay Slabaszewski formerly Myrna Kay Ackerson and Freda Lee Ackerson, their heirs and assigns forever, in equal shares as tenants in common t as the persons entitled to distribution of the property under the above captioned Will,and Codicils thereto, the following described real property situate in the County of Weld , State of Colorado: The Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section Twelve (12) , Township One (1) North, Range Sixty-seven • (67) West of the 6th P.M. , and the West 30 acres of the West Half of the Southeast Quarter (W 1/2 SE 1/4) of Section One (1) , Townsnip One (1) North, Range Sixty-seven (67) West of the 6th P.M. , I together with .45 of a share of the capital stock of the Brighton 1 Ditch Cornpeny. —F .ontmnea in the Will. As used herein, the singular includes the plural and the masculine gender 1 the feminine and neuter genders as the context may require. Executed September 1' , 1978. i h� ! . ( .`f 1If 'I-se Lt ., Dorm Aekes n , p4 i-=FOH1,FK ftficl Personal T7 ntative of the Estate of LENA ACRFRSOV , deceased. ' 64a16,456 U VYbI kLL 01907950 11 /03/02 06:c.- 1,3.u0 1 /001 t'^"', F 0294 MARY ANN FEIJERSTEIN CLERK t ::CORDER WELD CO, CO RECORDER'S STAMP III ii it THIS DEED, Made this 2nd day of November .1982 . 11 II between FRI:DA LEE OREILING `I 'i of the County of Weld and stateof * it Colorado.of the first part,and MYRNA KAY SLARAS!EWSKI ! l • I abase legal address is I Weld held County Road 10, • it Fort Lupton, :II of the County of Weld and mate of Colorado,of the second part. Y,I. I I W ITS):S SE TA,That the said party of the first part,for and in consideration of the sum of I '.y Other Good and Valuable Consideration and Ten and 011/100 DOLLARS, to the said part y of the first part in hand paid by the said part y of the second part,t he receipt whereof • 1 is hereby confessed and acknowledged, has remised, released,sold,conveyed and QUIT CLAIMED, and by these resents do egremise,release. and QUITCLAIM unto the said part her heirs, P )' Q y of the second part. successors and assigns,forever,all the right:title,interest.claim and demand which the maid party of the first part l' County*. 1 ha S in and to the following described lot or parcel of land situate,lying and being in the i', I of Weld and State of Colorado,to wit: jI The East 30 acres of the Southwest One-Quarter of the Southeast One- Quarter of Section 12, Township 1 North, Range G7 West of the Gth P.N. I il Reserving unto grantor all her right, title and interest in and to II F all gravel, coal, oil, gas and other minerals lying in or under said I, property. II II II I II 'I DEED FOR TRADE AND EXCHANGE PURPOSES. . .NO DOCUMENTARY FEE REOUIRED, Y 1iii it .1 it also known as street and number e • TO HAVE AND TO HOLD the same.together with all and singular the appurtenances and privileges thereunto ' •! belonging or to anywise thereunto appertaining.and all the estate.right.title,interest and claim whatsoever^of the said part )' of the first part.eit her in law or equity,to the only properuay.benefit and hehoaf of the said part)' of ,}3a. "' • the second part.he r heirs and assigns forever. H IN WITNESS WITEREOF.The said part y of the first part hag hereunto art her hand ' i . and real the day and year first above written. /� / [^/ I417. I I 1I I i Signed,Sealed and Delivered in the Presence of Freda Lee Dreiling � ___.ISEALI IIN . ISEALI STATE OF COLORADO, as. I Cnuntyof Adams J xr; The foregoing instrument was acknowledged before methis 2nd day of November 1982 .by Freda Lee Dreiling. 4 My comma inn eaplrea I9 .Witness myhao n .d and official seal. — 9 / x '11 Iy% '..:; ar I. I, t'4d4riess Of ?gt≤ltry Public: ll sit .... :4O ipion&that Las.al - - - - - - r H� ....11/4O4- !=' «k _. ._.M...00T 5 1978 X347 1'76881)6 ,,ec. Nu. Mow An, Ice_r,Ie n. Recorder i- PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by DORIS ACKERSON as Executrix aria a.- ? Cr,-.:'. Representative of the Estate of LENA ACKERSON , deceased, Grantor to Myrna Kay Slabaszewski formerly Myrna Kay Ackerscn, 205 Stanfield, Cheyenne, Wyoming and Freda Lee Dreiling formerly Freda Lee Ackerson, 60 South 14th Avenue, Brighton, Colorado, Grantees, i WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated June 28, 1950, which Will, the First Codicil thereto dated December 19, 1950, the Second Codicil thereto dated March 23, 1951, and the Third Codicil thereto dated July 22, 1955, were duly admitted to probate on March 9, 1964, by the District Court in and for the County of Weld, and State of Colorado, Probate No. 9385; WHEREAS , Grantor was duly appointed Executrix of said Estate on March 9. 1964, and is now qualified and acting as Personal Representative of said Estate. i NOW. THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code. Grantor does hereby sell, convey. assign , transfer and set over unto Grantees: Myrna Kay Slabaszewski formerly Myrna Kay Ackerson i i and Freda Lee Dreiling formerly Freda Lee Ackerson, their heirs and assigns 9 forever, share and share alike, as tenants in common as the persons entitled to distribution of the property under the above captioned Will,and Codicils thereto, the following described real property situate in the County of Weld, State of Colorado: c The East 60 acres of the Southwest Quarter (SW 1/4) of Section Twelve (12) and the Southeast Quarter of said Section Twelve (12) , all in Township One (1) North, Range Sixty-seven (67) West of the 6th P.M. , and the West Half of the Southwest Quarter of Section Seven (7) . Township One (1) North, Range Sixty-six (66) West of the btn i' .M. , together with one share of the capital stock of the Brighton Ditch Company. With all appurtenances. free and clear of liens and encumbrances, except instruments of record. but subject to the restrictions on the right to sell the same as contained in the Will. 'i As used herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. - Executed September 15 , 1978. Doris Ackerson, as Executrix and 1, Personal Representative of the 1 Estate of !?NA ACKERSON, deceased. i 1 P - 4 .d STATc RE cALLnUAidfa 1 - - AGREEMENT AND OPTION TO LEASE REAL PROPERTY cf1 <' / '" THIS AGREEMENT AND OPTION is entered into this ac day of N..c-., b•-A , 1984 by and between MYRNA K. SLABASZESKI and FREDA L. DREILING of Ft. Lupton, Colorado, first parties, hereinafter designated "Owners" or "Optionors" , and FRONT RANGE ASPHALT CO. , a Colorado Corporation, of Henderson, Colorado, second party, herein- after designated "Front Range" or "Optionees" ; WITNESSET H; WHEREAS, the undersigned parties desire to enter into this Agreement to give Front Range and option to lease the Owners ' vacant land, and WHEREAS, the Owners do hereby state and represent that they own said lands and have the legal right to lease same without the approval of any other parties and that they desire to grant said option and to lease same upon the terms and conditions hereinafter set forth, and WHEREAS , Front Range desires to obtain said option and to lease said lands upon the terms and conditions hereinafter set forth, NOW, THEREFORE, the parties do hereby mutually agree as follows : 1 . OPTION: That in consideration of the sum of Five thousand (U. S . $5 , 000 . 00) dollars earnest money paid by Front Range to the Owners, receipt of all of which is hereby acknowledged and, further , in consideration of the promises of the parties contained herein and other good and valuable consideration, the Owners do hereby grant and convey to Front Range and its assigns, the exclusive right, power and option to lease and/or the first right of refusal to lease the following described real property, located in Weld County, Colorado : See"Exhibit A" attached hereto and incorporated herein by reference for the complete legal des- cription, consisting of four parcels of land con- taining approximately 400 acres of vacant land . 2 . OPTION MONEY - DEPOSIT: That said $5, 000. 00 earnest money shall be held by the law firm of Gaunt, Dirrim and Coover, Brighton, Colorado and shall be immediately deposited in an interest earning account. Said earnest money and any accrued interest thereon shall be disbursed as hereinafter provided. ()J / Q 1 - 1 5. LEASE — TERM: That said Lease shall provide for an initial term of five (5) years.. In addition, Front Range shall be given options to renew for two (2) additional successive terms of five (5) years each and options to renew thereafter for additional successive terms on of one (1) s . ( 1) year each up to five (5) additional one said lease may be as long as twenty (20) years . • s p The Lease shall commence within ninety (90) days after issuance of the necessary permit from the Weld County authorities . Front Range shall have,the right to terminate said Lease for any reason at any time upon giving ninety (90) days prior written notice to the Owners. 7. CONTINGENCIES: That this Agreement and Option is specifically contingent upon the following conditions : a. TESTS: Front Range shall immediately after the signing of this Agreement conduct such tests as it deems necessary and proper to determine the extent and sufficiency of the sand and gravel deposits located on said lands. Said tests shall be completed within sixty (60) days after the signing of this Agreement and all costs thereof shall be paid by Front Range. If Front Range is not satisfied with the results of such tests , then written notice thereof shall be given to the Owners within said sixty (60) days after signing this Agreement and this Agreement shall be null and void and said $5 ,000 . 00 earnest money shall be refunded to Front Range and each party shall be released from all liability pertaining to this matter. The accrued interest on said earnest money shall be paid to the Owners . Front Range hereby agrees to indemnify , defend and save the Owners harmless from any and all claims , liability , mechanic ' s liens or other obligations pertaining to said tests . • b. PERMIT: If said tests are satisfactory, then Front Range shall immediately apply to the Weld County authorities (and any other governing authorities) for the necessary permit to con- duct the contemplated sand and gravel business on said lands. The Owners agree to co-operate with Front Range in said permit application and to sign all necessary documents pertaining thereto. Said application shall apply to all of said lands (approx- imately 400 acres) . described on "Exhibit A" . If said application is not approved, then this Agree- ment shall be null and void and said $5 , 000. 00 earnest money shall be refunded to Front Range and each party shall be released from all liability pertaining to this matter. The accrued interest on said earnest money shall be paid to the Owners. If said application is not approved Front Range, in its sole discretion, may decide to appeal such adverse decision and shall pay all attorney fees and costs of such appeal . This agree- ment shall remain in full force and effect during such appeal procedures and said $5 , 000. 00 earnest money shall be held by the law firm of Gaunt, Dirrim, and Coover , Brighton, Colorado, as hereinabove provided. 8 . OPTION - TERM: This Agreement and Option shall remian valid and in full force and effect (subjedt to earlier termination as provided in Paragraph 7 , above) until August 1, 1985 , at which time ch unless it shall expire, unless extended in writing by the parties , automatically extended as hereinafter provided. If said permit application is still pending on August 1, 1985 , then this agreement and option shall beautomaticallyte extended until the expiration of ninety (90) days of the approval or denial of said permit. 9 . EXERCISE OF OPTION: That if said permit is granted, then Front Range shall exercise said Option to lease said lands within ninety (90) days after the issuance of said permit, by giving written notice thereof to the owners by personal delivery thereof or by mail (via certified mail with return receipt requested and postmarked on or before said expiration date) at the address of the Owners set forth below. If said permit is granted, then said $5 , 000 . 00 earnest money and all accrued interest thereon, shall be immediately disbursed to the Owners and shall be considered as full payment for granting said Option and participating in said permit application. Q1 - 3 10. RECLAMATION PLAN : That Front Range shall 1 solely responsible for the preparation and cost of any reclamation plan required by the State of Colorado or Weld County authorities in connection with said permit application. Front Range agrees to include the following provisions and limitations in said reclamation plan: a. LAKE: A maximum sixty (60) acre open rn reai water area (lake) located in Parcels one (1) and two (2) , described A. b. FENCE: Front Range shall provide and pay the cost of all materials only for fencing (Owners shall pay for and provide labor to install all fencing) for any and all open water areas (lakes) in said plan. c. CATTLE GUARDS : Front Range shall provide and pay the cost of materials only for all necessary cattle guards (Owners shall pay for and provide labor to install all cattle guards) included in said plan. d. BRIDGES: Front Range shall provide and pay the cost of materials and labor to repair and replace any necessary bridges included in said plan and said bridges shall be constructed in accordance with County or State specifications and shall be at least the same size or larger than the existing bridges. e. WATER AUGMENTATION: Front Range shall provide, purchase and pay the initial cost of any and all water eaugaur gmentation onyequ required re by the State Water Engineer in said plan, tog annual assessments or fees pertaining thereto during the term of said lease and mining operations. All of said water rights or shares shall become the propert of the and Front Range shall s upon the termination convey of said lease and mining o perat ownership and title thereto, free and clear of any liens and encum- brances, to the Owners at such time. 11 . FORM OF LEASE: That the Lease Agreement to be signed by the parties shall be in the form of "Exhibit C" attached hereto and incorporated herein by reference. 12 . ASSIGNMENT: That Front Range may assign this Agreement and Option and any subsequently signed Lease Agreement to any other person or legal entity at any time. 12. a. The Owners will retain the right to renegotiate paragraph four (4) of this lease. l 13 . BINDING EFFECT: That this tAgreement r respectivelheirs, bi th nding upon the the parties hereo and thei personal representatives, successors and assigns. The signatures below of the parties hereto signifies only their consent to the above major terms and conditions of said Option. R 1 - 4 and Lease and the Agreement shall not be fully effective and binding until the preparation and approval of the Lease Agreement to be attached hereto as "Exhibit C" . FRONT RANGE ASPHALT CO. By Freda L. Dreiling . Rhea, President 4025 Weld County Road 23 Ft. Lupton, CO 80621 659-1432 Myrna K. Slabazewski 11471 Weld County Road 10 Ft. Lupton, CO 80621 857-2795 STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing Agreement and Option To Lease Real Property was acknowledged before me this Day of , 1984 by Jerry L. Rhea, President of Front Range Asphalt Co. My Commission expires : Notary Public Address : —.. ( S E A L ) STATE OF COLORADO ) ss. COUNTY OF The foregoing Agreement and Option To Lease Property was acknowledged before me this day of , 1984 by Myrna K. Slabazweski and Freda L. Dreiling. My Commission expires: Notary Public Address of Notary: Q 1 - 5 EXHIBIT A (Land in Weld County, Colorado) 1. PARCEL ONE: Eighty (80) acres located in the W 1/2 , SW 1/4 of Section T• 1 N. , R. 66 W. of the 6th P .M. 2. PARCH : Eighty (80) acres located .in the E 1/2 , SE 1/4 of Section 12 , T. 1 N., 'R. 67 W. of the 6th P.M. 3. PARCEL THREE: Forty (40 ) acres located in the NE 1/4 , NW 1/4 of Section T• 1 N. , R. 67 W. of the 6th P.M. 4 . PARCEL FOUR: Two hundred (200) acres located in Section 1, 11 and 1-2-2-7I"c-1 R. 67 W. of the 6th P .M. EXHIBIT B (Definition of "Premium' and "Non-Premiun(' Products) A. PREMIUM PRODUCTS: 1. 1 1/2" Roadbase (crushed materials) 2 . ' 1" Roadbase (crushed materials) • 3 , 3/4" Roadbase (crushed materials) 4 . 3/4" Asphalt mix (crushed materials) 5 . 1/2" Asphalt mix (crushed materials) B. NON-PREMIUP4 PRODUCTS: 1. Structural fill (waste materials from crushing process) 2 . 3/8" Harp (sandy materials from crushing process) 3 . Pit-run (non-crushed raw materials) Q 7 6 LOCAL GOVERNMENT APPROVAL BY WELD COUNTY WILL BE FORWARDED WHEN AVAILABLE. Q2 OTHER PERMITS AND LICENSES WILL BE FORWARDED WHEN AVAILABLE Q 3 NAMES OF OWNERS OF PROPERTY WITHIN r-0 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # O RICHARD L. HEIN 6386 WELD COUNTY ROAD 23 62 1469 01 000027 AND FORT LUPTON, CO. 80621 62 1469 01 000081 O ETHYL S. BURGE 11371 HIGHWAY NO. 52 62 1469 01 000028 FORT LUPTON, CO. 80621 OALICE PEHR C/0 11222 RIGHI4M N0 52 h2 1469 ni nnnn2Q WILLIAM PEHR FORT LUPTON. _CO -80621 ® VALERIE HITCHINGS C/O 37 WEST RANCH TRAIL 62 1469 12 000025 TODD HITCHINGS MORRISOW. CO. 80465 OFREDA DREILING 4025 WELD COUNTY ROAD 23 62 1469 12 000026 FORT LUPTON. CO. 80621 62 1469 12 000021 ®MARY EVELYN LEINWEBER 4686 WELD COUNTY ROAD 23 62 1469 12 000036 FORT LUPTON, CO. 80621 ®MYRNA SLABASZEWSKI , ET.AL. 4025 WELD COUNTY ROAD 23 ' 62 1469 12 000014 AND 62 1469 12 00039 FORT LUPTON, CO. 80621 62 1471 07 000008 (6)HARRY S. CHICKUMA & MARY K. 3550 WELD COUNTY ROAD 23 62 1469 13 000012 FORT LUPTON, CO. 80621 62 1469 13 000013 Q 4 - 1 NAMES OF OWNERS OF PROPERTY WITHIN 50O FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION I/ ®ALICE PEHR C/O 11222 HIGHWAY NO. 52 62 1469 01 000019 WILLIAM PEHR FORT LUPTON. CO. 80621 10 ALVIN DECHANT & . 4936 WELD COUNTY ROAD 23 62_1469 12 000028 JOSEPHINE _ FORT_LUPTON, CO. 80621 ®MYRNA SLABASZEWSKI, ET. AL. 4025 WELD COUNTY ROAD 62 1469 12 000015 62 1469 12 000037 FORT LUPTON, CO: 80621 62 1469 12 000023 !2 THOMAS & ALICE HOLTON 12032 COLORADO 52 62 1471 07 000007 FORT LUPTON, CO. 80621 q) MAGURITTE SCOTT 4731 WELD COUNTY ROAD 27 62 1471 07 000019 FORT LUPTON, CO. 80621 @SAKATA FARMS P.O. BOX 499 62 1471 07 000016 BRIGHTON, CO. 80601 Q 4 - AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property FRONT RANGE SAND & GRAVEL OPEN CUT GRAVEL 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. yD The foregoing instrument was subscribed a and sworn to before me this __ day 77i , 1985 by M WITNESS my hand and official seal . My Commission expires : J4 G /1-86" 2 0 1. r derreg,2? � L ICI .� Notary Public '? �.c• "P Q4 - 2 APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number -__ Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Section T_ N, R W (SEE ATTACHED LEGAL) LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W (SEE PRE-MINING PLAN HAP.,LN.:BACK `.� ENVELOPE OF REPORT, NO,S 1, 3, 4, 5, 6, 7, 8, 10, 12, 13, & 14.) Property Address (if available) PRESENT ZONE A - AGRICIII TURAL OVERLAY ZONES TOTAL ACREAGE 185 PROPOSED LAND USE GRAVEL PIT - RECLAIM TO AGRICULTURAL & OPEN SPACE EXISTING LAND use AGRICULTURAL SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: FREDA LEE DREILING Address:4025 WCR 23 City FORT LUPTON , CO. zip 80621 Home Telephone f 857-2584 Business Telephone S 659-1432 Name: pIYRNA KAY SI ABASZFWSKI Address:4025 WCR 23 City FORT LUPTON, CO. Zip 80621 Home Telephone a 85/-2584 Business Telephone bb9-1430 -- Name: Address: City _ Zip Ilome Telephone a Business Telephone t_ APPLICANT OR AUTHORIZED AGENT (if different than above): Name: FRONT RANGE SAND & GRAVEL,. C/0 JERRY RHEA Address:5231 E. 78th AVE. City COMMERCE CITY, CO. Zip 80022 Home Telephone s 288-1036 Business Telephone if List the owner(e) and/or lessees of mineral rights on or under the subject properties of record. Name: SAME AS ABOVE EXCEPT OIL & GAS LEASES Address: City Zip__ Name: Address: —_ City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the beat of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner ofAuthorize Agent II , ubaErfbed and sworn to before me this Z'lay of %/Li .. 1981 SEAL /i.(/f'AC/ NOTARY PUBLIC /Z L'- rt Afr+'Ya//ts/r co My commission expires G4 4, 6, /9F6 r-063-, AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property FRONT RANGE SAND & GRAVEL - USE BY SPECIAL REVIEW (GRAVEL PIT) PART OF THE W2SWa, SEC. 7, T1N, R66W; PART OF THE E2SEa, SEC. 12; NEaNW;, SEC. 12; PART OF THE W2SEa, SEC. 1 ; ALL IN TIN, R67W OF THE 6th P.M. , WELD COUNTY, COLORADO. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses 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. *SEE ATTACHED FROM TRANSAMERICA TITLE INSURANCE COMPANY, (ORDER NO. 8500457) , 101A eig.fee; GERALD B. McRAE, The foregoing instrument was subscribed and sworn to before me this otg- day of , 19 d WITNESS my hand and'o'ificial seal. a ��r �� `0 ;; My Commission expires: / 44;7 , -01Gi,Jl` Notary Pu is iT c575-O/3 ASSIS HP'S PAPCP:I, NC. 62146901000021 MEMORANDUM DESCRIPTION: The West 30 rods of the Wk of the SEA of Section 1, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado; EXCEPT the North 30 feet thereof conveyed to the County of Weld by Quit Claim Deed recorded in Book 114, Page 157, Weld County Records; EXCEPT right of way for public highway over the South 35 feet of the North 65 feet of the West 487 feet of the Wk of the SEk of said Section 1 as conveyed to Weld County, Colorado by deed recorded in Book 980, Page 101, Weld County Records; and EXCEPT that portion thereof conveyed to The Department of Highways, State of Colorado by Special Warranty Deed recorded in Book 1475, Page 514, Weld County Records, described as follows: Beginning at a point on the east property line from which point the northeast corner of the SEA of said Section 1 bears North 88° 16' 30" East a distance of 2,136.3 feet; thence North 60 feet to a point on the north line of the SE4 of said Section 1; thence along the north line of the SE' of Section 1 South 89° 53' West 508 feet to the northwest corner of the SEA of said Section 1; thence along the west line of the SE* of said Section 1 South 68 feet; thence North 89° 53' East 324 feet; thence North 87° 23' 30" East 184.2 feet, more or less, to the point of beginning. GRANTEE IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: FREDA LEE DREILING formerly Freda Lee Ackerson and Myrna Kay Slabaszewski formerly Myrna Kay Ackerson, acquired from Doris Ackerson as Executrix and as Personal Representative of the Estate of Lena Ackerson, deceased by Personal Representative's Deed dated September 15, 1978 and recorded October 5, 1978 in Book 847 as Reception No. 1768853, Weld County Records. NOTE: SUBJECT to restriction contained in the Will of said Lena Ackerson, deceased, as follows: . . but I direct that the same shall not be sold by Myrna Kay Ackerson and Freda Lee Ackerson until the youngest survivor of them shall attain the age of forty years." NOTE: Quit Claim Deed from Myrna Kay Slabaszewski to Freda Lee Dreiling, dated November 2, 1982, was recorded November 3, 1982 in Book 981 as Reception No. 1907957, Weld County Records. ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS Judgment, Household Finance Corporation, Judgment Creditor vs. Myrna K. Slabasweski, Judgment Debtor, entered October 5, 1983 in the County Court in and for the County of Adams and State of Colorado, Civil Docket No. 83C6535, in the amount of $2,535.91 and costs of $23.00, transcript of which was recorded October 18, 1983 in Book 1010 as Reception No. 1943835, Weld County Records. MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: Contained in Quit Claim Deed from Myrna Kay Slabaszewski to Freda Lee Dreiling, dated November 2, 1982 and recorded November 3, 1982 in Book 981 as Reception No. 1907957, Weld County Records, is the following: "Reserving unto grantor all her right, title and interest in and to all gravel, coal, oil, gas and all other minerals lying in or under said property." NOTE: At the time of this conveyance Myrna Kay Slabaszewski appeared to be the owner of an undivided one-half interest in the subject property. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between Doris Ackerson, as Executrix of the Estate of Lena Ackerson, deceased, as lessor and T. S. Pace, as lessee, for a primary term of five years, dated March 19, 1970 and recorded April 22, 1970 in Book 624 as Reception No. 1545940, Weld County Records. Assigned to Pan American Petroleum Corporation by instrument re- corded in Book 636 as Reception No. 1557837, Weld County Records. NOTE: Affidavit of Lease Extension or Production by Amoco Production . . . CONTINUED 2 OIL AND GAS LEASES OP RECORD: (continued) Company (corporate successor to Pan American Petroleum Corporation). dated October 16, 1974, states that a producing gas well has been completed on the lands covered by said lease on May 22, 1974, and gives notice pursuant to the provisions of Section 118-13-6, Colo- rado Revised Statutes 1963 that said lease is extended beyond its primary or definite term by the production from said well; recorded October 24, 1974 in Book 725 as Reception No. 1647353, Weld County Records. EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS IP ANY. This Memorandum is not to be construed as an Abstract of Title, nor an opinion of Title, nor a Policy of Title Insurance, and the liability of Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this Statement. Dated this 9th day of July, 1985 at 7:45 o'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY r er AUT ORIZ SIGN URE 8500457 ADDRESSES: Myrna Kay Slabaszewski Freda Lee Dreiling 4025 Weld County Road 23 Fort Lupton, Colorado 80621 A^FICSSOR'S PARCEL NO. 62147107000008 MEMORANDUM DESCRIPTION: Lot 2 of the SW's (being the W1 of the SW's) of Section 7, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. GRANTEE IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: MYRNA KAY SLABASZEWSKI formerly Myrna Ray Ackerson and FREDA LEE DREILING formerly Freda Lee Ackerson, acquired from Doris Ackerson as Executrix and as Personal Representative of the Estate of Lena Ackerson, deceased by Personal Representative's Deed dated September 15, 1978 and recorded October 5, 1978 in Book 847 as Reception No. 1768856, Weld County Records. SUBJECT to restriction contained in the Will of said Lena Ackerson, deceased, as follows: "I give, devise and bequeath the (subject property] to my grand- daughters, Myrna Kay Ackerson and Freda Lee Ackerson, their heirs and assigns forever, share and share alike, as tenants in common, and I direct that they shall not sell or convey the same until the youngest survivor of them shall have attained the age of forty years." ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS Judgment, Household Finance Corporation, Judgment Creditor vs. Myrna K. Slabasweski, Judgment Debtor, entered October 5, 1983 in the County Court in and for the County of Adams and State of Colorado, Civil Docket No. 83C6535, in the amount of $2,535.91 and costs of $23.00, transcript of which was recorded October 18, 1983 in Book 1010 as Reception No. 1949835, Weld County Records. MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: NONE. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between Doris Ackerson, as Executrix of the Estate of Lena Ackerson, deceased, as lessor and T. S. Pace, as lessee, for a primary term of five years, dated March 19, 1970 and recorded April 22, 1970 in Book 624 as Reception No. 1545940, Weld County Records. Numerous assignments of interests in this lease appear of record. NOTE: Extension Affidavit by Machii-Ross Petroleum Co. dated March 7, 1974, states that said lease is held by production of oil or gas, in accordance with its terms, and gives notice of compliance with Colorado Revised Statutes of 1963, as amended, Section 118-13-6; recorded March 13, 1974 in Book 710 as Reception No. 1631862, Weld County Records. EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS IF ANY. This Memorandum is not to be construed as an Abstract of Title, nor an Opinion of Title, nor a Policy of Title Insurance, and the liability of Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this Statement. Dated this 9th day of July, 1985 at 7:45 o'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY BY 17%« 4 See,''. AUTHORIZED SIGN(A.URREE\ 8500457 ASSESSOR'S PARCEL NO. 62146912000015 MEMORANDUM DESCRIPTION: That part of the SE4 of Section 12, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado described as follows: A strip of land 100 feet wide, being 50 feet on each side of a center line described as follows: Beginning at a point on the south line of the SE4 of said Section 12, 1374 feet, more or less, west from the southeast corner thereof; thence North 1° 7' East 2643 feet, more or less, to a point on the north line of said SE4, 1312 feet, more or less, west from the northeast corner thereof; EXCEPT right of way for road granted to Amoco Production Company by instrument recorded in Book 683 as Reception No. 1605178, Weld County Records; EXCEPT right of way for pipe lines granted to Colorado Interstate Corporation by instrument recorded in Book 703 as Reception No. 1625016, Weld County Records; and EXCEPT right of way for pipeline granted to Panhandle Eastern Pipeline Company by instrument recorded in Book 754 as Reception No. 1675875, weld County Records. GRANTEE IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: MYRNA KAY SLABASZEWSKI formerly Myrna Kay Ackerson and FREDA LEE DREILING formerly Freda Lee Ackerson, acquired from Doris Ackerson as Executrix and as Personal Representative of the Estate of Lena Ackerson, deceased by Personal Representative's Deed dated September 15, 1978 and recorded October 5, 1978 in Book 847 as Reception No. 1768856, Weld County Records. SUBEJCT to restriction contained in the Will of said Lena Ackerson, deceased, as follows: "I give, devise and bequeath the (subject property) to my grand- daughters, Myrna Kay Ackerson and Freda Lee Ackerson, their heirs and assigns forever, share and share alike, as tenants in common, and I direct that they shall not sell or convey the same until the youngest survivor of them shall have attained the age of forty years." ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS Judgment, Household Finance Corporation, Judgment Creditor vs. Myrna K. Slabasweski, Judgment Debtor, entered October 5, 1983 in the County Court in and for the County of Adams and State of Colorado, Civil Docket No. 83C6535, in the amount of $2,535.91 and costs of $23.00, transcript of which was recorded October 18, 1983 in Book 1010 as Reception No. 1943835, Weld County Records. MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: Amoco Production Company (a Delaware corporation) acquired all of the oil, gas, and other minerals in and under the subject property under Correction Mineral Deed from The Great Western Railway Com- pany dated February 14, 1972 and recorded December 13, 1972 in Book 682 as Reception No. 1603542, Weld County Records, and again recorded December 13, 1972 in Book 682 as Reception No. 1603543, Weld County Records. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between Doris Ackerson, as Executrix of the Estate of Lena Ackerson, deceased, as lessor and T. S. Pace, as lessee, for a primary term of five years, dated March 19, 1970 and recorded April 22, 1970 in Book 624 as Reception No. 1545940, Weld County Records. Assigned to Pan American Petroleum Corporation by instrument re- corded in Book 636 as Reception No. 1557837, Weld County Records. NOTE: Affidavit of Lease Extension or Production by Amoco Production Company (corporate successor to Pan American Petroleum Corporation), dated October 16, 1974, states that a producing gas well has been . . CONTINUED -2- OIL AND GAS LEASES OF RECORD: (continued ) completed on the lands covered by said lease on May 22, 1974 , and gives notice pursuant to the provisions of Section 118-13-6 , Colo- rado Revised Statutes 1963 that said lease is extended beyond its primary or definite term by the production from said well ; recorded October 24 , 1974 in Book 725 as Reception No. 1647353 , Weld County Records . EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS IF ANY. This Memorandum is not to be construed as an Abstract of Title, nor an Opinion of Title, nor a Policy of Title Insurance, and the liability of Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this Statement. Dated this 9th day of July, 1985 at 7 : 45 o' clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY AUTH IZSIGNA E 8500457 ADDRESSES: AMOCO PRODUCTION COMPANY 600 South Cherry Street Suite 915 Denver , Colorado 80222 ASSESSOR'S PARCEL NO. 62146912000015 MEMORANDUM DESCRIPTION: The Eli of the SEA of Section 12, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado; EXCEPT parcel conveyed to The Denver, Laramie and Northwestern Railway Company by Warranty Deed recorded in Book 289, Page 539, Weld County Records, described as follows: A strip of land 100 feet wide, being 50 feet on each side of a center line described as follows: Beginning at a point on the south line of the SE6 of said Section 12, 1374 feet, more or less, west from the southeast corner thereof; thence North 1° 7' East 2643 feet, more or less, to a point on the north line of said SEA, 1312 feet, more or less, west from the northeast corner thereof; EXCEPT right of way for road granted to Amoco Production Company by instrument recorded in Book 683 as Reception No. 1605178, Weld County Records; EXCEPT right of way for pipe lines granted to Colorado Interstate Corporation by instrument recorded in Book 703 as Reception No. 1625016, Weld County Records; and EXCEPT right of way for pipeline granted to Panhandle Eastern Pipeline Company by instrument recorded in Book 754 as Reception No. 1675875, Weld County Records. GRANTEE IN IAST INSTRUMENT OF RECORD TRANSFERRING TITLE: MYRNA KAY SLARASZEWSKI formerly Myrna Kay Ackerson and FREDA LEE DREILING formerly Freda Lee Ackerson, acquired from Doris Ackerson as Executrix and as Personal Representative of the Estate of Lena Ackerson, deceased by Personal Representative's Deed dated September 15, 1978 and recorded October 5, 1978 in Book 847 as Reception No. 1768856, Weld County Records. SUBJECT to restriction contained in the Will of said Lena Ackerson, deceased, as follows: "I give, devise and bequeath the [subject property) to my grand- daughters, Myrna Kay Ackerson and Freda Lee Ackerson, their heirs and assigns forever, share and share alike, as tenants in common, and I direct that they shall not sell or convey the same until the youngest survivor of them shall have attained the age of forty years." ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS Judgment, Household Finance Corporation, Judgment Creditor vs. Myrna K. Slabasweski, Judgment Debtor, entered October 5, 1983 in the County Court in and for the County of Adams and State of Colorado, Civil Docket No. 83C6535, in the amount of $2,535.91 and costs of $23.00, transcript of which was recorded October 18, 1983 in Book 1010 as Reception No. 1943835, Weld County Records. MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: NONE. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between Doris Ackerson, as Executrix of the Estate of Lena Ackerson, deceased, as lessor and T. S. Pace, as lessee, for a primary term of five years, dated March 19, 1970 and recorded April 22, 1970 in Book 624 as Reception No. 1545940, Weld County Records. Assigned to Pan American Petroleum Corporation by instrument re- corded in Book 636 as Reception No. 1557837, Weld County Records. NOTE: Affidavit of Lease Extension or Production by Amoco Production Company (corporate successor to Pan American Petroleum Corporation), dated October 16, 1974, states that a producing gas well has been completed on the lands covered by said lease on May 22, 1934, and gives notice pursuant to the provisions of Section 118-13-6, Colo- rado Revised Statutes 1963 that said lease is extended beyond its . . . CONTINUED OIL AND GAS LEASES OF RECORD: (continued) primary or definite term by the production from said well; recorded October 24, 1974 in Book 725 as Reception No. 1647353, Weld County Records. EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS IF ANY. This Memorandum is not to be construed as an Abstract of Title, nor an Opinion of Title, nor a Policy of Title Insurance, and the liability of Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this Statement. Dated this 9th day of July, 1985 at 7:45 O'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY / -4...--e-- AUTHORIZED SIGNA RE 8500457 A95ISSOR'S PARCEL NO. 62146912000037 MEMORANDUM DESCRIPTION: The NE4 of the NW4 of Section 12, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado; EXCEPT right of way 20 feet wide along the east side of said NE4NW4 conveyed to Fred Ackerson and Lena Ackerson by deed recorded in Book 620, Page. 373, Weld County Records; - EXCEPT right of way for electric transmission line along the North 75 feet of said NE4NW4 as granted to Public Service Company of Colorado by instrument recorded in Book 1212, Page 12, Weld County Records; EXCEPT right of way for pipeline granted to Amoco Production Company by instrument recorded in Book 881 as Reception No. 1803058, Weld County Records; and EXCEPT right of way for pipeline granted to Continental Pipe Line Company by instrument recorded in Book 896 as Reception No. 1817708, Weld County Records. GRANTEE IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: FREDA LEE DREILING formerly Freda Lee Ackerson and MYRNA KAY SLABASZEWSKI formerly Myrna Kay Ackerson, acquired from Doris Ackerson as Executrix and as Personal Representative of the Estate of Lena Ackerson, deceased by Personal Representative's Deed dated September 15, 1978 and recorded October 5, 1978 in Book 847 as Reception No. 1768853, Weld County Records. NOTE: SUBJECT to restriction contained in the Will of said Lena Ackerson, deceased, as follows: " . . but I direct that the same shall not be sold by Myrna Kay Ackerson and Freda Lee Ackerson until the youngest survivor of them shall attain the age of forty years." ENCUMBRANCES OF RECORD: EXCEPT ALL FINANCING STATEMENTS Judgment, Household Finance Corporation, Judgment Creditor vs. Myrna K. Slabasweski, Judgment Debtor, entered October 5, 1983 in the County Court in and for the County of Adams and State of Colorado, Civil Docket No. 83C6535, in the amount of $2,535.91 and costs of $23.00, transcript of which was recorded October 18, 1983 in Book 1010 as Reception No. 1943835, Weld County Records. MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: NONE. OIL AND GAS LEASES OF RECORD: Oil and Gas Lease between Doris Ackerson, as Executrix of the Estate of Lena Ackerson, deceased, as lessor and T. S. Pace, as lessee, for a primary term of five years, dated March19, 1970 and recorded April 22, 1970 in Book 624 as Reception No. 1545940, Weld County Records. Assigned to Pan American Petroleum Corporation by instrument re- corded in Book 636 as Reception No. 1557837, weld County Records. NOTE: Affidavit of Lease Extension or Production by Amoco Production Company (corporate successor to Pan American Petroleum Corporation), dated October 16, 1974, states that a producing gas well has been completed on the lands covered by said lease on May 22, 1974, and gives notice pursuant to the provisions of Section 118-13-6, Colo- rado Revised Statutes 1963 that said lease is extended beyond its primary or definite term by the production from said well; recorded October 24, 1974 in Book 725 as Reception No. 1647353, Weld County Records. EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS IF ANY. This Memorandum is not to be construed as an Abstract of Title, nor an Opinion of Title, nor a Policy of Title Insurance, and the liability of Transamerica Title Insurance Company is hereby limited to the amount of fee paid for this Statement. Dated this 9th day of July, 1985 at 7:45 o'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY AUTHORIZED SIGNA RE 8500457 \ \ 850659 PL0261 FILE CONTAINS COPIES OF COLORADO DRIVERS' MANUALS LISTED AS EXHIBITS Q AND R - PLEASE SEE ORIGINIAL FILE Hello