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Home My WebLink About870447.tiff RESOLUTION RE: APPROVE AMENDMENT OF USE BY SPECIAL REVIEW FOR OPEN-CUT MINING PIT ON AN ADDITIONAL NINE ACRES - WELD COUNTY CORPORATION 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 3rd day of June, 1987 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Weld County Corporation , 219 Highway 52 , Erie, Colorado 80516 , to amend a Use by Special Review for an open-cut mining pit on an additional nine acres on the following described real estate, to-wit: Part of the NW4 SWa NE; SWy SWa SWa and the SE; SWa of Section 31 , Township 2 North , Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , said matter was originally considered by the Board on May 27 , 1987 , and continued to this date to allow Development Standard #4 to be rewritten, and WHEREAS, said applicant was represented by Timothy Beaton, Attorney; the District 6 Water Users Association was represented by Jeffery J. Kohn , Attorney; and Central Colorado Water Conservance District was represented by Kim Lawrence , Attorney, and WHEREAS, Section 24 . 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Sections 24 . 7 , 44 . 1 , 44 . 2 and 44. 3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: e 2 f Ge 870447 a Page 2 RE: AMEND USR - WELD COUNTY CORPORATION a . The site , as proposed by the application , is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975, and the U. S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality gravel for concrete aggregate and road materials . The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas . It further states that not only will the extraction be encouraged in these areas, but uses which would preclude the extraction of these resources will be discouraged. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel , and other mineral resources on agricultural land. b. The proposed use is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review because of its potentially greater impact on the district. The Weld County Extraction Plan states that the impacts of surface mining in nonirrigated areas will be less severe than those mining operations located on irrigated areas. The factors used for determining the degree of severity are sparsely populated areas, less crop production on a per/acre basis , and the impacts on water distribution systems. The proposed site is located on nonirrigated land. Thus, as an overall approach, extraction will be accommodated in these areas so long as appropriate extraction and reclamation standards are followed. c. At the present time, there exist two Use by Special Review permits on this section: USR-630 : 84: 26 and USR-448: 80 : 38 . Both are operational open-cut mining pits. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan and the Town of Erie, as indicated in a telephone conservation with Henry M. Epstein, Town Manager, on May 12, 1987. d. The subject site is in a Flood Hazard Overlay District area . Development Standards address this concern. 870447 Page 3 RE: AMEND USR - WELD COUNTY CORPORATION e. Use by Special Review Operation and Design Standards provide adequate protection of the health , safety, and welfare of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application to amend a Use by Special Review for an open-cut mining pit on an additional nine acres 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 amended Use by Special Review plat prior to recording. 2. The following note shall be place on the amended Use by Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 3rd day of June, A.D. , 1987 . ‘% t BOARD OF COUNTY COMMISSIONERS ATTEST: t E�� WELD COU LO DO Weld County erk and Recorder and Clerk to the Board Gor o , airman Y: C.W irby, Pro-,'em eputy County lerk APPROVED AS TO FORM: ene R. Brantner CI L-- . e___9 a ue e .h` son County Attorney .,,,{ 4 , ., Frank Y maguchi 870447 DEVELOPMENT STANDARDS Weld County Corporation Amend USR-630 : 87: 17 1 . The Use by Special Review permit is for an amendment to Use by Special Review permit #630 : 84: 26 for an open-cut gravel mining operation on an additional nine acres, more or less, as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The open-cut gravel operation shall comply with Section 44. 4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44 . 5, Cancellation of Permit. 3 . Vehicular traffic shall ingress and egress onto County Line Road, as shown on the submitted amended Use by Special Review plat. 4 . The applicant shall fill in all of the pits created by the gravel mining operation on the nine acres which are the subject of this amendment so that no open water surface area is left exposed on this acreage . Applicant shall apply to the State Engineer on or before June 8 , 1987 , for a well permit to allow the removal of ground water for gravel washing or other beneficial uses. The owner of the land being mined has agreed to and shall provide two acre-feet of water annually to offset the gravel washing use from one of the following water rights , either Boulder and Weld County Ditch or CTB, to be diverted and returned or delivered to Boulder Creek, for the period of mining on these nine acres. 5. All operations on said described parcel shall be in conformance with the Weld County Food Hazard Regulations including: A. NO fill, berms , or stockpiles shall be placed in the one hundred (100) year flood plain of Boulder Creek 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. 870447 Page 2 DEVELOPMENT STANDARDS - WELD COUNTY CORPORATION 6. The amended Use by Special Review plat shall show a topsoil berm along the southern boundary of the subject site prior to extracting sand and gravel from Phase I or Area I in order to mitigate noise impacts on the Smith Mobile Home Park. 7 . The access road servicing Amended USR-630 : 84 : 26 shall be paved for a distance of twenty (20) feet from County Line Road to avoid gravel and dirt contamination of the County Line Road pavement. 8. The following signage shall be placed along County Line Road : A. One stop sign at the intersection of the access road and County Line Road to stop trucks and other vehicles prior to their entrance onto County Line Road; B. One sign at the intersection of the access road and County Line Road indicating no right-turn to direct trucks and other vehicles prior to their entrance onto County Line Road of the specified south-bound haul route; and C. Two advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and with an advisory speed of thirty-five (35) miles per hour. 9 . Any stockpiled soil should either be seeded to a quick cover grass or legume or covered with straw mulch at the rate of two tons per acre. 10 . Fugitive dust shall be controlled at all times. 11 . The required Emissions Permit -shall be obtained from the Air Pollution Control Division, Colorado Department of Health, and amended to reflect the increased size of the operation . 12. The required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and amended , if appropriate, for the increased size of operation . 13 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 870447 Page 3 DEVELOPMENT STANDARDS - WELD COUNTY CORPORATION 15 . Personnel from the Weld County lHealth 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. 16 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans 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 or Standards are permitted . Any other changes shall be filed in the office of the Department of Planning Services. 17 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 870447 // //// ��-EXHIBBIT INVENTORY CONTROL SHEET Case L�� L'\?/L ./Y '� 4; (1;/Ge" >c Exhibit Submitted By Exhibit Description 7 .772 rat B• S-44- , VY:.1 .cnc 1---',->n-7-'17 /1r-et/ L. 7 72 Cl/D. >Kial2/22G-07 g N-44?-04e474 0e7,17.4.-heS4C- e26 -E• _ )" ,77-4/5 ✓J7d4e ; d dral.Zivei .l"e.Co7Z4,&•,,gea F. !JZ6t� r'3�'�a�7Jvf G. H. S. J. • R. L. M. N. 0. 870447 HEARING CERTIFICATION DOCKET NO. 87-23 RE: AMEND USE BY SPECIAL REVIEW FOR AN OPEN-CUT MINING PIT ON AN ADDITIONAL NINE ACRES - WELD COUNTY CORPORATION A public hearing was conducted on June 3, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated April 29, 1987, and duly published May 14, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Weld County Corporation to amend a Use by Special Review for an open-cut mining pit on an additional nine acres. Lee Morrison, Assistant County Attorney, made this matter of record and stated that this hearing was continued from May 27 to allow the interested parties to work on re-writing Development Standard #4. He said that representatives of the water user groups and the applicant have agreed upon proposed wording for Development Stardard #4, and he presented copies to the Board and read it into the record. Timothy Beaton, Attorney representing the applicant, came forward to make comments to the Board. He said that the representative of the District 6 Water Users Association had requested the addition of the words, "this week" after the words, "Applicant shall apply to the State Engineer". Chairman Lacy suggested using the term, "on or before June 8, 1987," rather than "this week". This was acceptable to representatives of the water users. Jeffery J. Kohn, Attorney representing the District 6 Water Users Association, came forward and further explained the terms of the Development Standard which had been agreed upon. He also asked that "annually" be added after "feet of water". Mr. Beaton said the applicant had no problem with that addition, as it is anticipated that mining of this area will be completed by September of this year. Kim Lawrence, Attorney for the Central Colorado Water Conservancy District, stated that his client is agreeable to this proposed Development Standard. Chairman Lacy stated that, having been absent from a portion of the previous hearing, he has listened to the tape of that hearing and will be participating in the vote on this matter. Commissioner Kirby expressed appreciation to those who had cooperated in re-writing the proposed Development Standard and moved to approve the Amended Use by Special Review, subject to the Conditions and Development Standards proposed by the Planning Commission, with Development Standard #4 amended as discussed in this hearing. The motion, seconded by Commissioner Johnson, carried unanimously. Lt// Page 2 CERTIFICATION - WELD COUNTY CORPORATION This Certification was approved on the 8th day of June, 1987. APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS ^.4^^ t WELD COUN ORADO Weld County C erk and Recorder and Clerk to the Boar Gor Lac rman me B : I D puty County Cle . C. Kirby, ro-Tem Gene R. Brantner \. quel a Joh EXCUSED DATE OF APPR9VAL Frank Yar guchf TAPE #87-41 DOCKET #87-23 PL0267 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket 4 for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS : DOCKET #86-60 Show cause - Amended SUP #345 , MS Corporation DOCKET #87-23 Amend USR, Open-cut mining pit , Weld County Corporation DOCKET #87-26 USR, Radio Transmitter Tower, Suck la Farms , Inc. DOCKET #87-27 USR, Agricultural service establishment , Hamilton Farms NAME ADDRESS HEARING ATTENDING Yewri t, v- 1 X4,1 / i7 f( 2C72 C /� „Pug/ �A�71�� •_ �� : ElinAt� Let h , t--A-^ 6 fin,�� / /f pd �- Al-C O S' G^ /35 Ai 6I—.ak, �i reed/6%7. - � T:..Io.CFIe[i t, i�jlN � n I 4.,„1 j - &lo L3tC R,_/NCC XVe 4 Oa / 7 .1-� ; �� ,Wad-.J 137044'7 EXHIBIT INVENTORY CONTROL SHEET Case L 2 Exhibit Submitted By Exhibit Description //4 / 1 / A. J/ �/Ge J I GZ4> v ,an G N P 2 —Zelese ep, %)� C. Z /L '' ?V/ � .1" " 7D. E. T ZA/„(/l' ��Y✓792Ca 2[.+a Wie-1-6G-ZadYf /"✓God ✓irrly � F• 46241?2G'J7 �t77 694 G. H. I. J. R. L. M. N. 0. 870447 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the amendment to 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 certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-23 Weld County Corporation 219 Highway 52 Erie, Colorado 80516 DATE: May 27, 1987 TIME: 2:00 P.M. REQUEST: Amend Use by Special Review for an open-cut mining pit on an additional nine acres LEGAL DESCRIPTION: Part of the NW} SW} NEt SW} SW3 SW} and the SEj SWi of Section 31, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles north of Erie; north of Weld County Road 14 and east of Weld County Road I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 29, 1987 PUBLISHED: May 14, 1987, in the Johnstown Breeze ry 8 044 0ry 2 �r xrtir,,r , AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE is .0 Illeno MaY STATE OP COLORADO 1 SI 1 ss COUNTY OP WELD I, Clyde Briggs, du solemnly swear that I am publisher of The Johnstown Breeze; • tirltai that the same is a weekly newspaper Ia � a printed, in whole or in part, and published std one the in the County of Weld, State of Colorado, held U and has a general circulation therein; that at> Bed said newspaper has been published CountY eaty, Colon" we o�la continuously and uninterruptedly in said nnial p�Ft,9760 i County of Weld for a period of more than Kist yq &y�� ow, -� fifty-two consecutive weeks prior to the AM°!id°_a o town?it first publication of the annexed legal notice introp by, all or advertisement; that said newspaper has the flls is�bdM and may be been admitted to the United States mails am h second-class matter under the provisions of snow the'Pere)ofin or it. the Act of March :I, 1a7U, or any tic of a w" t"t*,e t' amendments thereof, and that said ,make "In al on w taw newspaper is a weekly newspaper duly . road �Mg N�o qualified for publishing legal notices and "laa"sew tot es wl advertisements within the meaning of the. of laws of the State of Colorado. the «eoi aini a n'"�reporters In the anna. If n anus That the annexed legal notice or adveruse- narwA n railing al ouchaciI ment was published in the regular and snnng..The daya �prW p[eagoaWrO� entire issue of every number of;aid weekly a: wooer"II Do Padr newspaper for the period of consecu- tive insertions; and that the first BE IT ALSO KNOWN anitMed that the publication of said notice wits in the issue of St lotTngs Plammo costa*vast said newspaper daivdtri/.'f. A.U. lug4 ora and that the last publication of said notice W� was in the issue of said newspaper dated tali Id ats +� , A.U. 19 • • °rte' In witness w•her o have hereunto set Na my hand th fi� is Y7 I day of - �AIPPLIICANT A.D. 19,67 Eon ns,91 Weld Ow*CotPOAt 8 la DATE: MW 27, toin al Publisher P.M. TIME: 2:00 piv UQ1 M " t salad pt on easdoEl !-: Subscribed and sworn to before me, a .««. Notary .Public in and for the County of. tPn a We�l ,Slate of Colorado, this ...L .. day of le* .../{^ ' .. A.D. 1V/ SsotlonelttYTM Rik tpcA"a ,tit" ,of Notary Public. "'emit"' .141 ai� �t of Ohm 6nunit Aon BOARD Coixtiot,OUNTY NN�ERS MY cot, 0149,[T 434,141 �-eciter.6.•fl,...,^4;" dRADO � �r.' . Ave':ua • (.ft ...ANN ;'-.nriown, CO '80534 STEIN COUNTYCLERKRECORDR4.tOARDT� �� IV: tag 9 R98T`.OeWtY DATED: April the JohnsEiDo Brae 198'' `° 870447 AFFIDAVIT OF PUBLICA PION State of Colorado County of Boulder J. R. Hofmann do 1 NOTICE Pursuant to the zoning laws of.the State of Colo- rado and the Weld County Toning nance, a solemnly swear that the LONGMONT DAILY TIMES CALL is a puSR hearing will beheld in the chambers l of the daily newspaper printed, in whole or in part, and published in Board County Commissioners Centenn al WC d County, 915 the City of Longmont, County of Boulder, State of Colorado, and ti1me specified.All First +persons Inoor, eany Colorado,at inter- ested al which has general circulation therein and in parts of Boulder and vii w the amendment requested to to the sande y may be heart Weld Counties; that said newspaper has been continuously and Should the applicant or any Interested party de- uninterruptedly published for a sire the presence,of a court reporter to.make a period of more than six months record of the proceedings,in addition to the taped record which will be kept during the hearing,the next prior to the first publication of the annexed legal notice of Clerk to the Board's Office can be contacted for a --first orterfifigicourt repWgcs In the area. if a advertisement, that said newspaper has been admitted to the court reporter-It obtained, the Clers.ao the Board's Office shall be advised in writing of such United States mails as second-class matter under the provisions action at least five days prior to the hearing.The cost of engaging a court reporter shall be borne of the Act of March 3, 1879, or any amendments thereof, and that by requesting party. said newspaper is a daily newspaper BE i certified ALSO KNOWN that the test and maps so duly qualified for iona by the nld County PenofthCommit she'may be examined in the office located Clerk to publishing legal notices and advertisements within the meaning `the Wel d;C my c Commissioners,lCenter, In 915 1 in of the laws of the State of Colorado; that a copy of each number of Street,t,eTm,d Fl000r,Greeley IC lorado. 915 10 h APPLICANT said newspaper, in which said notice of advertisement was DOCKET NO.87-23 Weld county Corporation published, was transmitted by mail or carrier to each of the Erie,Colorado 80516 DATE:May 27,1987 subscribers of said newspaper, according to the accustomed TIME:2:00 P.M. REQUEST:Amend Use by Special Review for an mode of business in this office. open-cut mining pit on an additional nine acres LEGAL Part of tNW1/4 SW That the annexed legal notice or advertisement was published DESCRIPTION: SW'G SW4 SW'/.and tthe set SWIG of Section 31,Township 2 No in the regular and entire edition of said daily newspaper once; h,Range ale West of the 6th P.M.,Weld County,Colorado LOCATION: Approximately 2 miles north of and that one publication of said notice was in the issue of said Erie; north ofWeld County Read 14 and east of Weld County Road 1 BOARD OF COUNTY COMMISSIONERS newspaper dated May 11 , 19 87 WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff,Deputy DATED: April 29,1987 Published in the Daily Times Call, Longmont, Colo.May 11,1987 General Manager Subscribed and sworn to before me this 11th day of May ,19 87 v5 L. otary Public iepTAR} ep My Commission Expires • October 6, 1989 717 4th Avenue FEE$ 27 . 50 %8`yC Longmont Colorado 80501 Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 7 CASE NUMBER: Amended USR-630:87: 17 APPLICANT: Weld County Corporation REQUEST: Amendment to Use by Special Review permit 630:84:26 for an open pit mining pit on an additional 9 acres. LEGAL DESCRIPTION: Part of the NWt SWi NEi SW} SW} SW} and SE} SWi of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately two miles north of Erie; north of Weld County Road 14, and east of Weld County Road 1 . • APPEARANCE: C. R. Taylor, proprietor, reported this -gravel operation has been in operation since June, 1984 . They want to continue this for about five hundred feet, running -north to south, or about nine more acres of land. There is no more mining left in the original Use by Special Review permit. Lee Morrison discussed a water augmentation plan and the State's position pending a decision by the Supreme Court. The Chairman called for discussion from the members of the audience. Les Williams, Secretary Treasurer, District 6 Water Users Association, stated they would like to enter _into a voluntary augmentation agreement plan with Mr. Taylor. 1n this plan, some water rights would be given to the Water Users Association. They are not against this proposal they jtst want to protect the water rights of the users. Kim Lawrence, Attorney, Central Colorado Water Conservatory District, reported the District contains most of the major ditches between Denver and Greeley and east of Greeley. Their agreements include all phases of operation and they try to get a voluntary agreement. It cheaper for the gravel mining operations to build a pond than to restore the property. Tape 283 — Side 1 He felt the development standards needed to changed to: The applicant must apply for a well permit and come to an agreement with the water users or the applicant must apply for and receive a well permit prior to starting operation, or the applicant shall apply to the water court and be granted approval prior to starting operation. The State Engineer requires one or the other. This gives the applicant three options (1) get an agreement with the water users association; (2) apply for a well permit; or (3) appeal to the water court. A:10,9,8/7 C B70447 Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 8 Lee Morrison asked if the group would be satisfied if the applicant got an agreement with the St. Vrain Water Users Association? Les Williams stated they are more interested in agreements being made than what district the water rights are going to. AMENDMENT: Paulette Weaver moved Development Standard #4 be amended to read as follows: 4 . The applicant shall seek an augmentation agreement with the appropriate water users and apply for and receive a well permit with the Division of Water Resources to comply with CRS-37-9O-137 or the applicant shall apply for the well permit and apply to the water court for a change in use and plan of augmentation. Motion seconded by Lynn Brown. Lee Morrison stated the Planning Commission should allow the applicant to comment on this. There is still a legal dispute at this time so the standard may be inappropriate. Notice is sent to the State Engineer, Division of Water Resources, as part of the application process. Mr. Lawrence reported if the Zigan Case is decided for the operators, the operators would get to take their water rights back. Mr. Taylor stated he wished he had known this was going to be brought up because he would have brought his attorney with him. This is the old question about where does the water flow and who does it belong to. He has the water rights to sign over, but he will not do this until the Zigan Case is decided. Re pumps about 350 gallon per minute into Boulder Creek twenty-four hours a day, 365 days a year, weather permitting. What the water users association is doing is trying to make him pay for evaporation before it happens. An operator cannot wait months or even years to start an operation. If the Zigan Case is decided against the operators, he will sign the water rights over. He feels the Planning Commission is trying to out guess the Supreme Court and he does not intend to be the fall guy. This has been on hold for at least three years now and he does not like seeing changes made in the middle of a stream. Les Williams stated agreements for augmentation can be tailored to each individual case. 870447 Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 9 AMENDMENT: Paulette Weaver amended proposed Development Standard //4 to read as follows: 4. The applicant shall seek an augmentation agreement with the appropriate water users and apply for a well permit with the Division of Water Resources to comply with CRS-37-90-137 or the applicant shall apply for the well permit and apply to the water court for a change in use and plan of augmentation. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Lee told Mr. Taylor that if he has disagreements on the agreement with the water users this can be brought to the Commissioners and he can question this standard. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Taylor if he had reviewed the recommendation, conditions and development standards as outlined by the Department of Planning Services' staff. He stated he had and they are what he has been operating under. MOTION: Louis Rademacher moved Amended Case Number USR-630:87: 17 for Weld County Corporation for an amendment to a Use by Special Review permit for an open-pit mining operation on an additional nine acres be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based on the recommendations and conditions as outlined by the Department of Planning Services' staff, the development standards as outlined by the staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. 870447 Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 10 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Lydia Dunbar - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. Tape 283 - Side 2 The Chairman called a break at 4:55 p.m. The meeting was reconvened by the Chairman at 5:05 p.m. CASE NUMBER: USR-774:86:55 APPLICANT: Erie Road Joint Venture (Bob Marx) REQUEST: A Use by Special Review permit for auto salvage. LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M., Weld County, Colorado. LOCATION: North of Weld County Road 8, south of Weld County Road 10, and west of I-25 . The Chairman announced from the time the Planning Commission heard this case the first time, and the time it went to the Board of County Commissioners, there was a change in the amount of acres to be included in the Use by Special Review area. Therefore, the Board of County Commissioners sent the request back to the Planning Commission to review again before any action is taken. Bob Marx, managing Joint Venturer, reported this is the cheapest parcel of land between Erie and Cheyenne with close access onto I-25. This cannot be seen from I-25, but it can be seen from the I-25 overpass. It is in a geological hazard area, and is dryland farm ground. It is in the urban development area for the towns of Erie and Dacono. There are seven other business in this immediate area. There are two property owners who can see this property and both are outside the five hundred foot surrounding property notification area. The Town of Erie supports mobile homes in this area, but the State Geological Survey says this is not a good development area. Gerry McRae, P.E. , McRae and Short, Inc. , reported he did the engineering and planning for this proposal. The three mile radius allowed by the State for a town or municipality to comment on what development transpires allows them some control on twenty—eight square miles or fifty acres, more or less. The Chairman called for discussion from the members of the audience. Hank Epstein, Community Developer, Town of Erie, reported he is representing the Erie Planning Commission and the Board of Trustees. They are trying to make the three mile radius they are allowed to comment on compatible with Weld, Boulder, and Adams County. These plans are not compatible with either Erie's or Weld County's Comprehensive Plans. Also, when the application materials were reviewed, inconsistencies as to the size and type of 870447 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher 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: WEL!! MINTY ROMI41IIBNFRS CASE NUMBER: Amended USR-630:87: 17 rThr .=rly a J477 NAME: Weld County Corporation MAY 2 2 1987 I ADDRESS: 219 Highway 52, Erie, CO 80516 L J.'0Oq,/hd GREEL2W. COLO. REQUEST: An amendment to Use by Special Review permit #630:84:26 for an additional 9 acres, more or less, used as an open—cut gravel mining pit LEGAL DESCRIPTION: Part of the NW} NE}, SW} SW}, SW} SW} and the SE} SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of Erie; north of Weld County Road 14 or State Highway 52, and east of Weld County Road 1 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44.1, 44.2 and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1 of the Weld County Zoning Ordinance as follows: The site, as proposed by the application, is within the resource conservation area as depicted by the Weld County Extraction Plan Map 1975, and the U.S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality gravel for concrete aggregate and road materials. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas. It further states that not only will the extraction be encouraged in these areas, but uses which would preclude the extraction of these resources will be discouraged. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel, and other mineral resources on agricultural land. The proposed use is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review because of its potentially greater impact on the district. The Weld County Extraction Plan states that the impacts of surface mining in 870447 Weld County Corporation USR-630:87: 17 Page 2 nonirrigated areas will be less severe than those mining operations located on irrigated areas. The factors used for determining the degree of severity are sparsely populated areas, less crop productive on a per/acre basis, and the impacts on water distribution systems. The proposed site is located on nonirrigated land. Thus, as an overall approach, extraction will be accommodated in these areas so long as appropriate extraction and reclamation standards are followed. - At the present time, there exist two Use by Special Review permits on this section: USR-630:84:26 and USR-448:80:38. Both are operational open-cut mining pits. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan and the Town of Erie, as indicated in a telephone conservation with Henry M. Epstein, Town Manager, on May 12, 1987. - The subject site is in a Flood Hazard Overlay District area. Development Standards address this concern. - Use by Special Review Operation and design Standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. The Planning Commission's recommendation for approval is conditional upon the followings 1. The attached standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prior to recording. 2. The following note shall be place on the amended Use by Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. Motion seconded by Paulette Weaver. 870447 Weld County Corporation USR-630:87: 17 Page 3 Vote: For Passage Against Passage LeAnn Reid Lynn -Brown Lydia Dunbar Louis - Rademacher Paul-ett-e Weaver Jack Holman The Chairman -declared the resolution passed and ordered that a -certified copy be for-warded - with the fill of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning -Commission of Weld County, Colorado, adopted on May 19, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 20th day of May, 1987. Bobbie Good Secretary -870447 Date: May 19, 1987 CASE NUMBER: Amended USR-630:87: 17 NAME: Weld County Corporation ADDRESS: 219 Highway 52, Erie, CO $0516 REQUEST: An amendment to -Use by Special Review permit #630:84:26 for an additional 9 acres, more or less, used as an open-cut gravel mining pit LEGAL DESCRIPTION: Part _of the NW} NE}, SW} SW}, SW} SW} and the SE} SW} of Section 31 , T2N, R68W o₹ the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north _of Erie; north of Weld County Road 14 or State Highway 52, and east of Weld County Road 1 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2 and 44.3 of the Weld County Zoning Ordinance. 1. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1 of the Weld County Zoning Ordinance as follows: The site, as proposed by the application, is within the resource conservation area as depicted by the Weld County Extraction -Plan Map 1975, and the U.S. Geological Survey Map 1974. The area, as identified, contains the source for the best quality gravel for concrete aggregate and road materials. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas. It further states that not only will the extraction be encouraged in these areas, but uses which would preclude the extraction of these resources will be discouraged. The Comprehensive Plan Policies and Goals allow the adoption of regulations which would permit development of sand and gravel, and other mineral resources on agricultural land. The proposed use is consistent with the intent of the Agricultural District and is provided for as a Use by Special -Review because of its potentially greater impact on the district. The Weld County -Extraction -Plan states that the impacts of surface mining in nonirrigated areas will be less severe than those wining _operations located on irrigated areas. The factors used for determining the degree of severity are sparsely populated areas, lass crop productive on a per/acre basis, and the impacts on water distribution systems. The proposed site is located on nonirrigated land. Thus, as an overall approach, extraction will be accommodated in these areas so long as appropriate extraction and reclamation standards are followed. 870447 Weld County Corporation USR-630:87: 17 page 2 At the present time, there exists two Use by Special Review permits on this section: USR-630:84:26 and USR-448:80:38. Both are operational open-cut mining pits. The proposed use will continue to be compatible with the existing surrounding land uses and with the future development of the surrounding area as projected by the Weld County Comprehensive Plan and the Town of Erie, as indicated in a telephone conservation with Henry M. Epstein, Town Manager, on May 12, 1987. - The subject site is in a Flood Hazard Overlay District area. Development Standards address this concern. - Use by Special Review Operation and design Standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prior to recording. 2. The following note shall be place on the amended Use by Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters _outlined in the Operation Standards. 2370447 -DEVELOPMENT STANDARDS Weld County Corporation Amend USR-630:87: 17 1. The lrse by Special Review permit is for an amendment to Use ±y Special Review permit #630:84:26 for an open-cut gravel mining operation on an additional nine (9) acres, more or less, as submitted in the application materials on _file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. Vehicular traffic shall ingress and 'egress onto County Line Road, as shown on the submitted amended Use by Special Review -plat. if -i. The property owner(s) and/or operator shall apply for a well permit y with the Division of Water Resources to comply with CRS 37-90-137. If it is determined by the Water Court that -an augmentation plan is required, a water augmentation agreement will be -made with the appropriate water district and the landowners. 5. All operations on said described parcel shall fie in conformance with the Weld County Food -Hazard Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one -hundred (100) year flood plain of Boulder Creek which would obstruct passage of flood flows; and B. -All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a -health -hazard. Following completion of mining, all temporary buildings shall be removed. 6. The amended Use by Special Review plat shall show a topsoil berm along the southern boundary of the subject site prior to extracting sand and gravel from Phase I or Area I in order to mitigate noise impacts on the Smith Mobile Home Park. 7. The access road servicing Amended USR-630:84:26 shall be paved for a distance of twenty (20) feet from County Line Road to avoid gravel and dirt contamination of the County Line -Road pavement. 8. The following signage shall be placed along -County Line Road: -A. One (1) stop sign at the intersection of the access road and County Line Road to stop trucks and other vehicles prior to their entrance onto County Line -Road; 870447 Development Standards Amended USR-630:87:17 Weld County Corporation Page 2 B. One (1) sign at the intersection of the access road and County Line Road indicating no right turn to direct trucks and other vehicles prior to their entrance onto County Line Road of the specified south-bound haul -route; and C. Two (2) advisory signs placed north and south of the access road advising the traveling public of "trucks entering highway" and -with an advisory speed of thirty-five (35) miles per hour. 9. Any stockpiled soil should either be seeded to a quick rover grass or legume nr covered with straw mulch at the rate of two (2) tons per acre. 10. Fugitive dust shall be controlled at all times. 11 . The required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, and amended to -reflect the increased size of the 'operation. 12. The required NPDES l'ermit shall be -obtained from the Water Quality Control Division of the Colorado Department of Health, and amended, if appropriate, for the increased size of operation. - 13. The -property owner or operator shall be responsible for complying with the Design Standards of _Section 24.5 of the Weld County Zoning Ordinance. 14. The -property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. -Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property Comply with the Development Standards stated hereon and all applicable Weld County -Regulations. 16. -The Use by -Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards es shown ar 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 ar Standards are permitted. -Any other changes -shall be filed in the office of the Department of Planning Services. 870447 Devel-opment Standards Amended USR-630:137: 17 Weld County Corporation Page 3 17. The property owner or operator shall be responsible for -complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 870447 DEVELOPMENT STANDARDS Weld County Corporation Amend USR-630:87: 17 1. The Use by Special Review permit is for an amendment to Use by Special Review permit #630:84:26 for an open-cut gravel mining operation on an additional nine (9) acres, more or less, as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The open-cut gravel operation shall -comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of -Section 44.5, Cancellation of Permit. 3. Vehicular traffic shall ingress and -egress onto County Line Road, as shown on the submitted amended Use by Special Review plat. 4. The applicant shall seek an augumentation agreement with the appropriate water users -and apply for a -well permit with the Division of Water Resources to comply with £RS-37-91-37, or the applicant shall apply for the well permit and apply to the water court for a _change in use and plan of augumentation. 5. All operations on said described parcel -shall to 1n _conformance with the Weld County Food Hazard Regulations including: A. NO fill, berms, or stockpiles -shall be placed in the one hundred (100) year flood -plain of Boulder Creek -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 snchored and adequately flood proofed to avoid creation of a health hazard. Following -completion of mining, all temporary tuildings shall be removed. 6. The amended Use by Special Review plat shall show a topsoil term along the southern boundary of the subject site prior to extracting sand and gravel from Phase I or Area I in order -to -mitigate noise impacts on the Smith Mobile Home _Park. 7. The access road servicing Amended USR-630:84:26 shall be paved for a distance of twenty (20) feet from County Line Road to avoid gavel and dirt contamination of the County Line Road pavement. 8. The following signage shall be placed along County Line Road: A. One (1) stop sign -at the intersection of the access road and County Line Road to stop trucks and other vehicles prior to their entrance onto County Line Road; 870447 Development Standards Amended USR-630:87: 17 Weld County Corporation Page 2 B. One (1) sign at the intersection of the access road and County Line -Road indicating no right-turn to direct trucks and other vehicles prior to their entrance onto County Line Road of the specified south-bound haul route; and C. Two (2) advisory signs placed north and south of the access road advising the traveling _public of "trucks entering highway" and with an advisory speed of thirty-live (35) miles per hour. 9. Any stockpiled soil -should either be seeded to a quick cover grass or legume or covered with straw mulch at the r-ate of two (2) tons per acre. 10. Fugitive dust -shall be controlled at all times. 11. The -required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, -and amended to reflect the increased size of the _operation. 12. The inquired NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and amended, if appropriate, for the increased size of operation. 13. The property owner or operator shall be responsible for complying with the Design Standards of _Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. Personnel from the Weld County Health Department and Weld County Department of :Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the -property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 16. The Use by Special Review area shall be limited to the plans shown hereon and _governed by the foregoing Standards and all applicable Weld County Regulations. Any -material deviations from the -plans or Standards as -shown or stated shall require the -approval of an amendment of the Yermit by the Weld County Planning _Commission and the Board of County Commissioners before such _changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 870447 Development Standards Amended USR-630:87: 17 Weld County Corporation Page 3 17. The -property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation -of the Permit by the Board of County Commissioners. 870447 IYENTCRY OF ITEMS SUBMITTED FOR CO SSDTPATION Case Number , ,arc 6So s7 Submitted or Prepared Prior to Hearing At Hearing 1. Application .1'7 -Pages v// 2. —4 Application plat(s) - page(s) ✓ 3. DPS -Referral Summary Sheet ✓ 4. PPS Recommendation ✓ 5. DPS Surrounding Propery Owner Mailing List ✓ 6. DPS Mineral Owners Mailing List 7. '.1 TPS Maps Prepared by Planning Technician ✓ 8. DPS Notice of Hearing ✓ 1,79. DPS Case Summary Sheet 10. DPS Field Check 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /0 items identified herein were submitted to the Department of Planning Services at or prier to the scheduled Planning Commission hearing. I further -certify that these items were forwarded to the Clerk to the Board's office on 19 v¢ . nt nn STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND _SWORN TO BE-FORE ME THIS LZ C' ➢AY OF 1Mc‘,\ 19 _, SEAL. • NOT aARY PUBLIC A 870447 My Commission Expires Feb. 13, 1989 C 'T MY CflMMTSSTON EXPIRES .Ck,ws✓7 dJ LAND-USE APPLICATION SU ITARY SHEET Date: May 12, 1987 CASE NUMBER: Amend USR-630:87: 17 NAME: Weld County Corporation ADDRESS: 219 Highway 52, Erie, CO 80516 REQUEST: Amendment to Use by Special Review -permit #630:84:26 for an open-cut mining pit on an additional 9 acres LEGAL DESCRIPTION: Part of the NW} SW}, NE} SWi, SW} SW}, and the SE} SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of Erie; north of Weld County Road 14, east of Weld County Road 1 SIZE OF PARCEL: 9 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of Use by Special Review Application for a mining permit are listed under Section 214.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and Mineral Resource Study. The Department of Planning Services' staff has received specific recommendations from the following referral entities: — Weld County Health Department — Longmont Soil Conservation District — Water User Association District 116 Copies of these referral responses are included in this summary packet. Referral responses have not been received from the following: - Colorado Department of Health — Erie Planning -Commission - Boulder County Planning Commission - Boulder County -Public Works No objections from Surrounding Property Owners have been received. 870447 J. • , i i L' ----,„ ." 0. , . -4, 7 r .V. °I j eleirri7r: ---7, :,:,Li• . ,z • - us , • - , i • :•,4 --- ar F • • \ L. it ' 32 •• T 3Nv �Jr t,_�tn ❑• • , , ....4C3++n. •-•�' • •. . ▪ .▪ 4. 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X495O _ � ` -�) V L / �- "�� Plumbs v`e4�. 9az — _ _ i _.�.- �_. -. ter' _� \� MINERAL _ je /„-000i/ .I I ii ) I <5O4 A o l / 17 I� r0 �cj / I /� i i / I E lIE/Cs,oN 504� ,r, I I - 5013 j / - =i—� �`iI —- --= �� p0 �/�. 3 �,,i. / - 5050 - � c Il 12 --- rte\ —i 5 l -- . -1 6 9M PAC/F1C >. T \ - ,,_ _. o,o 11 V I �� .� IT le 1 c J .� / f 1 \ / I •.y... y I ( - L i( I f 870447 tc a: . .. •ro '•.r 5 kyyd '� .• ,a }� FYt 73n 41 y , Z? t `5 A.4,-.4., ,..‘„. Rwk57 'f �. "fi 9 r ` t' '�yyv o 'Ea sY tai-„ •tra" - ,y S °ga ;air+tF+'^h 1 I Vim' d4"3i T•V k Y' "Ii.* III Sb 'F Ri,Jr ' L - Iraa� � •� •^ e T �.rf E t L,..*,, I�4 t o ae: y'a. k-* *�� •6 }: F ��44 •• 'YS Ct . 4, +a. r"`.4 iE /1",,,,, ra_r r S.. s . , . {, �ti,',, S n'r ,y` 4 • • rye . ,-'f. !. . Ya R ,t •i ..xx !" Ys y", .,1;,''...i.,. ; x t'� -tti; ' * ar Y +Lgital.,t'` f .. j p S a >x ywj,' .t. .. a� 1 ^ •• 4�!#-9- - w f n 31 Y1 d' cl\`TN. F �(¢y (. X wF 1/�yT,'.- ,{ } �F .,v •TT1 '.91'.:4',- 1 r MR / � �.^��.�d/ YM. : +� r ,rig... LF ' i _ ! ¢ q t r / � rR• .t r d ,,, - „Alii •..°ye. ; Fp ��SSS ,i,,,,...•,,„04* 3 t•�a oY t• 'g. ' ityxr .43 214 f I- ., _ E Y` 6th. q, 4,:. l i� -tit. iLi Y F I •A £ ; _Mete,' I� 1�'r'_�.>N �r __ -•••b-c.- mss.. i':' r t+y :xM`J c t aY S;^�'` y�K.. a ' f r Y. !s 't,. its 7 rk >* „'4- , Br L}`t µY Y,`A� , f ,nine , a$' T � � � � Yt.(J"� ,. Y . 8.+i-r•, , 4.1!.., 4Y. 1 [ 7y ;, ", f .',i:--7,y ¢ C.T. • t .� + 1 • n die y r, .1.,*:it t_ 43 gds ri I ,T � � 4.e. "\ 111'' €' r h�'" c 4 d.� pap f'� , REFERRAL LIST APPLICANT: Weld County Corporation CASE NUMBER: Amended USR-630:87: 17 SENT REFERRALS OUT: April 21, 1987 REFERRALS -TO BE RECEIVED BY: May 4, 1987 NO SR NR NO SR NR County Attorney J X Longmont Soil Conservation District X Weld County Health Dept. 9595 Nelson Road P.O. Box D v/ X Engineering Department Longmont, CO 80501 County Extension Agent / X Water Users Association District #6 v/ X Office of Emergency Mngmt c/o Wallace Grant P.O. Boon 978 X State Engineer Longmont, CO 80501 Division of -Water Resources 1313 Sherman St. , Room 818 ✓ X Don Bogart, Biologist Denver, CO 80203 Colorado Division of / Wildlife Northeast J X State Highway Department Region 1420 2nd Street 317 West Prospect Greeley, CO 80631 Fort Collins, CO S0536 X Colorado Department of Health X Boulder County Planning Water Quality Control Division 13th and Spruce Street 4210 East 11th Avenue P.O. Box 471 Denver, CO 80220 Boulder, CO 80306 X Erie Planning Commission X Boulder County c/o Town Clerk Public Works Department P.O. Box 98 c/o Jack Boyers Erie, CO 80516 P.O. Box 471 Boulder, CO 80306 X Louis Rademacher Planning Commission Member 13184 Weld County Road 13 Longmont, CO 80501 X Captain William Emerson Longmont Fire Protection District 9119 County Line Road Longmont, CO 80501 NO=No Objection SR=Specific Recommendations NR=No Response 870447 (II . Longmont Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 April 28, 1987 Mr. Brian Bingle Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: USR-630:87: 17 Amended - Weld County Corporation Dear Brian: The proposed reclamation plan for the expansion of the Armstead Pit appears to be adequate. Temporary erosion control, however, has not been addressed properly. Any stockpiled soil should either be seeded to a quick cover grass or legume or covered with straw mulch at the rate of two tons per acre. Fugitive dust should be controlled at all times. A 4: 1 side slope on at least one side of the pond is recommended for safety reasons. Since native grasses are to be used, mulching should be required due to the unpredictable nature of native seed germination. Mulching at the rate above will provide adequate wind erosion control until the grass seeding is established. Sincerely, Luther Stromquist President LS:rah 870447 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT WATER USERS ASSOCIATION DISTRICT 6 0 IIIDUSTRIAL CIRCLE Suite B tiliNSi.10:1T. CO 63501 April 30, 1987 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Application of Weld County Corporation Case No. Amended USR-630 : 87 : 17 Water Users Association of District 6 is an organization of approximately 45 agricultural, municipal and industrial users on Boulder Creek. The users hold senior water rights on Boulder Creek. The above referenced gravel mining operation will cause additional evaporation of ground water by exposing ground water to the atmosphere which results in evaporation. The evaporation occurs at a rate 2 . 58 acre feet per year on the average for every acre foot of exposed water surface. As a result, the flow in Boulder Creek is decreased by 2. 58 acre feet per year for every acre of exposed water surface after the mining operation is completed. Therefore, the applicant' s statement in Exhibit G that the operation will not affect the ground water and surface water regime in the area is false as both will be affected. These depletions will materially injure the vested water rights of the senior water users represented by this organization. Another area of concern to the Water Users Association is the proposed water use for dust control and wash plant operation. The applicant has proposed purchasing water for these uses from the landowner. Any water purchased from the landowner should be checked to show whether industrial use is allowed under the water rights decree. The proposed use may require a change in water rights and an augmentation agreement. In the past, sand and gravel miners have voluntarily entered into agreements with this organization to replace their de- pletions to Boulder Creek. The Water Users Association District 6 thereby requests that Weld County not grant approval of this amendment until and unless the applicant enters into an agree- ment with the Water Users to replace all of its depletions to Boulder Creek. In the absence of this , our vested property rights will be injured. Please contact me if you have any questions or need further information. Please advise as to when this will go before the Planning Commission for hearing. Sincerely, A, es1 ' J. Williams, Jr. Secretary of Water Users Association District 6 870447 (jlinErnatRAnDurn Brian Bing le Wi Current Planner May 1, 1987 To Date Drew L. Scheltinga, County Engineer COLORADO From Weld County Corporation - USR-630:87:17 Subject-. It is my understanding the acccsc to be used for the mining operation under this application is the same one that was used in the previous operation. Also, it's my understanding the existing signing on County line road is in accordance with Boulder County's recommendation for the original mining operation. This stretch of County line road is maintained by Boulder County in accordance with agreements between Boulder and Weld Counties. Since Boulder County is more familiar with this stretch of roadway I would recommend we require whatever measures are requested in the Boulder County response to this application. MAY 4 1987 Weld Co. Planning Cnmml3Sinn DLS/bf xc: Planning Referral File: Weld County Corporation 870447 C EMD 41,4 Weld _County Planning April 28, 1987 �� • To Date Health Protection Servicesrte. COLORADO From , l�f ,._ Case Number: Amended USR 630:87: 17 Name: Weld Co. Corp Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the -following _conditions: 1. Required Emissions Permit -is obtained from the Air Pollution Control -Division, Colorado Department of Health and amended for the increase size of the operation. 2. Requited NPDES Permit shall be obtained from Water Quality Control Division of the Colorado Department of Health and amended, if appropriate, for the increased operation. 870447 t o) UCTff � d APR 28 1987 lelri Co. !'2 Hew ,,utfftnjssjm FIELD CHECK FILING NUMBER: Amended USR-630:87: 17 DATE OF INSPECTION: May 4, 1987 NAME: Weld County Corporation REQUEST: Amendment to Use by Special Review permit for an open-pit mining operation on an addition 9 acres, more or less LEGAL DESCRIPTION: Part of th-e NW} SW} NE} SW} SW} SWi and the SEI SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles north of Erie; north of Highway -52 and east of Weld County Road One LAND USE: N Turnpike Mining Pit, SUP-249 E Oil wells, grass pasture, S Residence, mobile home park, Highway 52 W Weld County Road One, Boulder County, Boulder Creek ZONING: N Agricultural, (SUP-249) E Agricultural, (SUP-249) S Agricultural, C-4 (Commercial District) , Z-398, and USR-790 W Agricultural COMMENTS: There in one (1) access to the property from Weld County Road One, which is a proposed county arterial. Exit onto Weld County Road One is limited to a left-hand turn; right-hand turns are forbidden. This particular portion of Weld County Road One is maintained by Boulder County. The makeup of the site consists of the pits, the rock aggregate stored in mounds, accessory structures, and the storage of heavy equipment. an Cur t anner 870447 SURROUNDING PROPERTY OWNERS Amend USR-630:87:17 Weld County Corporation Cinque Land Corporation c/o Fred L. Spallone, Incorporated Highway 287 and Midway Boulevard Broomfild, CO 80020 Richard L. and Joan M. Armstead 219 Highway 52 Longmont, CO 80501 Robert T. and Joan B. Anselmi 683 West Crestline Avenue Littleton, CO 80120 0.W. and Billie Jean Smith 29 Highway 52 Longmont, CO 80501 Richard L. and Joan M. Armstead 219 Highway 52 Erie, CO 80516 Robert T. and Joan B. Anselmi 683 West Crestline Avenue Littleton, CO 80120 Becky R. Joseph 5404 East 33rd Avenue Denver, CO 80207 870447 • wo�a co eo� o�(3,-\\'"o\ ®.N Li- -b� E X f—i l Ft = T F' lADJACENT LAN D Q W N E F s Ci nq;.ie Land Co. cia Fred L. Spallone, Inc . Highway 287 & Midway Blvd. Broonfield, Colorado 800 20 RI chard L. and Joan M. Armetead 219 Highway 5- Longmont . Colorado S0501 nnb._-rt T. and Joan B. AneL liTii 63: U. Crest; ine Avenue Littleton, Colorado 80120 • I f[• F-I. 870447 I AFFIDAVIT OF PUBLICATION • THE JOHNSTOWN BREEZE NOTICE OF PUBLIC NEARING STATE OF COLORADO ) 1 SS The Weld County Planning ) Commission will conduct a public COUNTY OP WELD hearing- on Tuesday, May 19, I, Clyde Briggs, do solemnly swear that I • 1987, at 1:30 p.m. to review a request for approval of amended amend- am publisher of The Johnstown Breeze; ment t 0:8 SR-7 f0: an amend- r open-cut miinng5pit on6anoaddi- pnntcd`insahulelor in part, and published Lionel 9 ocrey, more or less from Weld county Corporation the in the County of Weld, State of Colorado, parcel of land is bescribed as and has a general circulation therein; that San 0fW'Nnd theS SE%SW.o. swv.swv and sev.swv of said newspaper has been published Section 31, T2N, R66W of the continuously and uninterruptedly in said 6th P.M.Weld County,Colorado, containing 9 acres,more or less miles County of Weld for a period of more than • The property.is located north approxl- �matelr�z of Erie; �, fifty-two consecutive weeks prior to the north of Weld County Road 14 first publication of the annexed legal notice and east of Weld County Road or advertisement; that said newspaper has One. The public hearing to be held by I been admitted to the United States mails as the Weld County above Plannmg.sn of Co - missionrn second-class matter under the provisions of the n r the referenced e request will the Act of March :1, IH7'J, or :ill)' be conducted in the Weld County amendments thereof, and that said Commissioners' Hearing Room, First Floor, 915 Tenth°Steet, newspaper is a weekly newspaper duly Greeley, Colorado. Comments or qualified for publishing legal notices and request should fuldtetl ro the ted n advertisements within the meaning of the•, request t be submitted in writing t the wend vunty laws of the State of Colorado. 915nth Street,f Planning Services,3 Greeley, Tenth Room Sore That the annexed legal notice or adve'rhse- Greeley,Colorado 80631, before the above date or presented at I merit was published in the regular and the public hearing on May 19, Ientire issue of every number of.paid weekly 1982 newspaper for the period of ../... consecu- Copies of the application are 1live insertions; for public inspection in and that the first the Department of Planning Services, Room 342, Weld publication of said notice was in the issue of County Centennial Center, 915 said newspaper 1 )cr dated .'!.-3a•. A.U. Bet Tenth Street,Greeley,Colorado,- Iand that the last publication of said nutlet - 356-4000, Extension • 4400. I was in the issue of said newspaper datec Jack Holman, Chairman i , A.D. 19 Weld County Planning CommissIon in witness whereof I have hereunto se Commission To my hanit�ythis ....3e clay of „e, townbe publishatl in the Johns- A.D. 19 O7 7 Brubze I To be published one (1) time by May 4, 1987 I / ! S Publishcl Subscribed and sworn to before me, Notary ,Public in and for the County WO.1,Slate of Coloradojhis o day c :. A.D. 19.S... ".-4,74 <.c-..il Notary Publi My commission rexples -Wile •4....;Inie , `.cG1it Parisi` Av--nue , .l-fr.:n CO 80534 870447 .62.OOzO ROY ROMER ;ITS JERIS A. DANIELSON Governor State Engineer * 876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 • (303) 866-3581 May 12, 1987 • Mr. Brian Bingle Weld County Planning Department ' 915 10th Street Greeley, CO 80631 Re: Weld County Corp. , Amended USR-630:87:17 . • Sec. 31 , 72N, R68W Dear Mr. Bingle: , We have reviewed the above referenced proposal to expand a gravel opera- tion into another nine acres (72 acres total) . The operation will now create a 43-acre ground water lake. All the comments made in our letter dated May 11 , 1984, are still applicable. The application states that the final use after reclamation will be open space. We do not believe that this qualifies as an acceptable "use" . Should Weld County Corp. claim and show there is not a beneficial use of the pit water, the evaporation from the additional pond surface area created by mining would be considered a wasteful use of the ground water. Senior water right holders are rightfully entitled to this water. If there was a wasteful use of water, our Division Engineer would order Weld County Corp. to cease operations in compliance with Section 37-92-502(2) , CRS (1973) . Also, on page E-2, the applicant states that the operation is in "compliance with applicable Colorado water laws and regulations governing injury to existing water rights." Our office feels that they are not in compliance with the Colorado Water Laws. We cannot recommend approval of this application until the above refer- enced issues are addressed. Further, we will order Weld County Corporation to cease operations if our Water Commissioner determines water is being diverted illegally out-of-priority and will injure existing senior water rights. Sincerely, D . 8'7044'7 HDS/JCM:ma/9991I Hal D. Simpson, P.E. �v7 II � 5 Deputy State Engineer � (2.J� a � cc: Alan Berryman, Div. Eng. MAY Man Bentley, Water Comm. I II, iiiAV i s iq' • III II Jim Mo rdlo ML RD r' i :. -.) 'if an Cu. alas:iik .i iaiuusslgl. DEPAF ?NT OF PLANNING SERVICES g : l` O.>! PHONE(303)356-4000 EXT.4400 7" 915 10th STREET Y GREELEY.COLORADO 80631 VR COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, May 19, 1987, at 1:30 p.m. to review a request for approval of amended USR-630:87:17 for an amendment to USR-650:84:26 for an open-cut mining pit on an additional 9 acres, more or less from Weld County Corporation the parcel of land is described as part of the NW} SWI NE} SW} SW} SW} and the SE} SWI of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado, containing 9 acres, more or less. The property is located approximately 2 miles north of Erie; north of Weld County Road 14 and east of Weld County Road One. The public -hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted i.n 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 May 19, 1987. Copies of the application are available for _public inspection in the Department of Planning Services, Room 342, Weld County Centennial Canter, 915 Tenth Street, Greeley, Colorado, — Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by May 4, 1987 Received by: Date: L/ 2.7 870447 ' NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # O. c✓. t U/L/ /r _Lc /4/%./ 5-/71 77-/ 13 ) 3 • 3 i - G°cco 2 `/ Au / 5 i ,ric 'T / c o y O.S o/ 1cc'//i/,n L - - 4/P,ms7EF14 1313 3 - coo oo7 7 / i /1...;/ 5z 17- ,-:', c; Co „goy/C.. QiC//.4,Q0 / J0 ins rn . ,//bcfic, 7c�/� j313 3) - coo P>C. , 5//- X90 T _TJAN Aiv 5c/(77/ j3i3 - 3I - oc'o - 007 E> .� cv C- z -T[ //v/frei /h✓E L/ TiCf. 70/LI , C'v /2-0 c// I /o -7 - o6- 0 vo - oil 3-4/o f E . 33.e- /,F n r c 8c 2 o 7 - 870447 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property PJRTion;s c4 TOE_ Su; 1/y , Se c 31, Ta,J , cr il)L. 6YH P /✓�. , ')tLt) ( wA.(:y cot ocAOc, 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. LX-1 2:7-/ The foregoing instrument was subscribed and sworn to before me this O day of - , 19F7. WITNESS my hand and official seal. fr My Commission expires: Notary Public -� Leo0- lo L Sc Cu FD 3 870447 WELD COUNTY, COLORADO USE EY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt 1{: Receipt Number: Application Reviewed 3y: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Sand & Gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Portions of the NW`SW,i. NE+ SW4. SWu SW+ and SE+ SW1. Section 31, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. TOTAL ACREAGE: q CO 80501 2. Surface owner(s) of area of land described Name: R.L. Armstead Address: 219 Hwy 52 Longmont Phone: Name: Address: Phone: CO 80501 3. Owner(s) of mineral rights to substance to be mined Name: R.L. Armstead Address: 2191 Hwy 52 Longmont Phone: Name: Address: Phone: 4. Source of applicants' legal right to enter and to mine on the land described: See attached (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 219 Hwy 52, Erie, CO 80516 Phone: 442-4982 General Office address: same Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: WeJd County Armstead Pit Weld County Smith Amendment Colo. Mined Land Reclamation Permit No. M-84-070 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Existing crusher. screens & conveyor*, loaders, scrapers, dozer and backhoe. b. Maximum number of employees: 11 , and number of shifts: 1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: 90 days d. Thickness of mineral deposit: 8 feet, and thickness of the overburden: 6 e. This will be a wet/dry pit operation. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County -Engineer) : Existing site access point - CO Hwy 52 and Weld Co. Rd. 1 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : open space b. Source of technical advice for reclamation: Reclamation p£ the Armftgad/Smith Pit 0 endment operation bas been successful. The same mining and reclamation procedures will continue to oe implemented. c. Explanation of Reclamation Process: Mining will be concurrent with reclamation. As shoreline is established, revegetation will follow. The final rec- lamation plan includes a lake with revegetated shorelines . 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 STATE OF 60-6 . 4.1 Signature: Ow r/Authorized Agent Subscribed and sworn to before me this 2d day of , 19/7 SEAL (J �,^''`%' 2, (7,4 NOTARY PUBL7c My Commission expires 7- 7- f_f WELD COUNTY CORPORATION ARMSTEAD AMENDMENT APPLICATION For MINED LAND RECLAMATION PERMIT In WELD COUNTY, COLORADO January 27, 1987 870447 PROJECT OVERVIEW Weld County Corporation, proposes to amend its mining permit No. M-84-070 to mine sand and gravel at a site located three and one-half miles west of 1-25 on Colorado Highway 52, approxi- mately 4940 feet above MSL. The operation is in Weld County. This amendment is being submitted to the Colorado State Mined Land Reclamation Board in order to increase the size of the operation. The amendment is for 9 acres. In conformance with all applicable rules and regulations, background information on the site and the nature of the proposed operation is presented in the following amendment. This amendment has been prepared by: C. R. TAYLOR Weld County Corporation 219 Hwy. 52 Erie, Colorado 80516 This amendment contains proprietary information and express permission of the operator or preparer must be obtained to repro- duce any part thereof. Sincerely, WELD COUNTY CORPORATION C. R. Taylor President 870447 . . DEPARTMENT OF NATURAL RESOURCES s� • h * Card M.Garen..pee,eh.Director MINED LAND RECLAMATION DIVISION 1876 DAVID C.SHELTON, Director •`_ rGelurtl D Lamm Govern • \. REGULAR (112) PERMIT APPLICATION FORM AMENDMENT Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101, et sea, as amended.' (Type of Print Clearly) Armstead Pit Amendment I. Name of Operation (pit, mine or site name) 2. Name of Applicant/Operator Weld County Corporation (name to be used on permit) 3. Address and Phone Number of 219 Hwy. 52, Erie, Colorado 80516 Local Office (303) 442-4982 4. Address and Phone Number of 219 Hwy. 52.. Erie. Colorado 80516 General Office (303) 442-4982 5. Name and Phone Number of Person C. R. Taylor Staff Members Should Contact (303) 442-4982 6. Parent Corporation, If Any NONE (include name and address) � 7. Owners) of Record of Affected R. L. Armstead • Land (surface area) (if more than two, list in EXHIBIT P) 8. Owner(s) of Substance to be R. L. Armstead Mined (if more than two, list in EXHIBIT P) fL. ) • II 4nn rte- -...,i t]. W-"ar. 1T1'1 C+iarn.en C tram. lanvar ('mantra P(12(13 Tel (30318R6-356 ' ray 8 044[ li -2- I 9. Source of Legal Rignt-to-Enter Notarized statement it (indicate what type of proof is included in EXHIBIT U) See Rule 34-32-112(2) (d) 10. Type of Mine and Suostance to Sand and gravel be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined 11. General Location and Elevation 3-1/2 miles west of I-25 on Colorado Hwy. 52 (miles and direction from Elevation = 4940' nearest town and approximate site elevation 12. County Weld. 13a Total Surface Acreage to be In- 9 acres for amendment cluded in Permit (Rule 1.1(2)) 72 acres total 130 Total Acreage of Affected Lands 9 acres for amendment (Rule 2.11(14) ) 72 acres total 14. Application Fee (see Rule 2 to 92.50 determine amount, based on permitted area) 15. Present Land Use (i.e., agri- cultural, industrial, etc.) Pasture and Hay (irrigated) 16. Surrounding Land Uses Agricultural • 17. Proposed Future Land Use (final use after reclamation) Open space 18. List Mining Operations Currently Agricultural and gravel mining In Violation of the Act. (See 34-32-120) 19. The Lands Herein Do Not Affect Affirmation any of the Lands Oescrioed in Section 115(4)(f) of the Mined Land Reclamation Act. (specify affirmation) II 870447 -3- MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicantmust submit a corresponding set of the maps and exhibits outlined in rule 2, as follows: 1. EXHI3IT A - Legal Description 2. EXHIBIT d - Index Map 3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands- 4. EXHIBIT U - Mining Plan • 5. EXHIBIT E - Reclamation Plan e. EXHIBIT F - Reclamation Plan Map 7. EXHIBIT G - Water Information 8. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soil-s Information 10. EXHIBIT J - Vegetation Information 11. EXHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs 13. EXHIBIT M - Compliance with Local Zoning (See 34-32-115(4)(e) and 109(6)&(8) 14. EXHIBIT N - Other Permits or Licenses (See 34-32-115(4)&(4)(c) 15_ EXHIBIT 0 - Source of Legal Right-To-Enter (See 34-32-112(2)(d) 16. EXHIBIT P - Owners of Record of Surface • and Subsurface Rights (See 34-32-112(2)(b)&(c) . r 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.) COLORADO WATER LAWS • The permittee is encouraged to contact the State Engineer, with regard to the . administration of water rights, and the Colorado Uepartment of Healtn, with regard to the discnarge of pollutants into the waters of the State. Violation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of Health. • 870447 -4_ • ADDITIONAL INFORMATION Tnis space can be referenced for further information of any of the items in this form. II • To the best of ay knowledge, all the information presented in this application is true and correct. Date: C i��j , /7 By: Key 19 apF t. f H al lat e • (Signature by individual legally authorized to. bind the operator to this application) I • (Rev. 9/83) Doc. do. 5347 870447 EXHIBIT A LEGAL DESCRIPTION Portions of the NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4 and SE 1/4 SW 1/4, Section 31, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado as depicted on Sheet 1 of 2, Pre-Mining Map, 84-0302. A-1 870447 EXHIBIT INDEX MAP The Index (Vicinity) Map p appears on the Pre—Mining Map, submitted with this report. It • • B-1 870447 C -EXHIBIT C PRE-MINING AND MINING F'L_A N MAPS The Pre—Mining and Mining Plan Maps are being submitted with this report. iI it • ri II II II I�. C-i 870447 EXHIFijT D MINING PLAN The mining operation will be dry. The excavation will be I pumped dry after dewatering. Mining will proceed from the northern edge of the property and move toward the south. Topsoil will be stripped by scrapers or front end loaders and stockpiled on locations shown on the mining plan map. Aggregate to be mined will be removed by a loader and deposited in the area of the processing plant or near the -end of the conveyor which will transport the material to the plant site. As mining progresses southward, the plant may be moved ahead of the mining area. I � Earthmoving will be conducted in three phases. Phase I will be the removal and stockpiling of topsoil and overburden. Phase i II will be the removal of the aggregate material by loader. Phase III will be the replacement of overburden and topsoil . Phases I and II will be conducted by scrapers or front end loaders. I Ii There is no water diversion expected. The maximum area to be mined during a one year period will be t7.5 acres. The existing access road will be no mere than 700 feet long and 24 feet will be for a maximum area of 0. 4 acres. The timetable of mining will take place in two stages as shown on the mining map. Each stage is expected to be finished during one year of operation. A strip approximately 450' X 550' will be mined each year for two years. Each stage will be mined from north to south. Overburden and topsoil varies from 4. 0' to 6.5' with an average depth of about 5.0' . Maximum depth to the bottom of the • aggregate material is 15' . The stratum immediately beneath the material to be mined is I the Pierre Shale. I • . I . • i L 0-1 870447 EXI- SaIT E i FiECLAMAT I OfV PLAN Final reclamation will result in a and approximately PPro::inately 40 acres in size. The remainder of the 23 acres will be planted with native grasses. I Earthmoving during reclamation will be the replacement of overburden material to insure the proper slope of the back-fill below the waterline. The selection of a pond +or reclamation is that there is H insufficient " material remaining as waste to completely fill the void where gravel was removed. • This general area has been used for mining aggregate for a j number of years. Some mining of other pits is continuing at this time. The end use of a pond and native grasses is also compatible with the general area of wetlands and open spaces that are common to the region. I The landowner does not intend for any of this land to be for public use. Grading jI Grading will be planned to provide a slope of 3: 1 from the undisturbed terrain to 10 feet below the expected water surface. Where backfilling is required, the opzrator will insure proper compaction for stability. There are no toxic materials in the mining area and none will be introduced. There are no toxic or acid producing materials associated with the mining operation. No refuse will be mined. There will be no drill or auger holes, addits or shafts IPI constructed as a part of the mining operation. Slopes will not exceed 3 horizontal to 1 vertical from the • undisturbed land to 10 feet below the surface where the slope t will be no steeper than 2 horizontal to 1 vertical to the bottom of the excavation. Swimming is not to be allowed during of after reclamation. Reclamation will not involve agriculture or horticulture. I I. E-1 870447 Water Disturbance to the hydrologic balance will be minimized by A. Compliance with applicable Colorado water laws and regulations governing injury to existing water rights: B. Compliance with applicable Colorado and Federal water quality laws and regulations; C. Compliance with applicable Federal and Colorado dredge and fill requirements; D. Insuring that no temporary or large siltation structure will be a part of the mining or reclamation plan. • There will be no earth dams constructed as a part of the mining or reclamation plans. See Exhibit G for further information on hydrology. • Wildlife All aspects of the mining and reclamation plan will take into account the safety and protection of wildlife on the mine site. There will be no habitat management as a part of the reclamation plan. See Exhibit H for further information concerning wildlife. Topsoilinq Topsoil will be removed and segregated from overburden and gravel . Due to the method of mining, the topsoil will be used for reclamation of the shoreline, generally within 30 to 60 days after removal . Therefore, deterioration is not expected to occur due to chemical or physical changes. There is no woody vegetation. The temporary stockpiling (30 to 60 days) of topsoil will be in narrow and low berms. This is a configuration that will 'protect the topsoil from wind and water erosion. The mining method and method of topsoil removal *and replacement ensure minimum handling. Replacement of topsoil on graded slopes will produce optimum tilth for seed application. Compaction will be adequate to provide stability on slopes but not enough to disrupt natural soil structure. The plant-growth medium replacement will be done in an even manner and to a depth between 12 and 16 inches. Fertilizer or other soil amendments will be added if determined to be necessary after analysis of composite soil samples. E-2 870447 I Reveq et ation The affected area will be reclaimed as rangeland, with the exception of about 40 acres as a pond. Seeding will be by seed drill during late fall or early spring to ensure maximum advan- tage of soil moisture availability when germination occurs. The following seed mi:: is proposed to ensure the araatest probability of success and is based on environmental and biological factors common to the site. The mix provides for a diverse and long-lasting vegetation cover. I Percent Species lbs. PLS/Acre Seeds/ft= O+ mix /+t2 Western wheatgrass 4. 1 12 273. 0 Sand bluestem 3. 9 ID 20. 0 Little bluestem 1 . 5 I� 8 16.0 I Switchgrass .9 e 16. 0 Alkali sacaton 7 14. 0 American vetch 4. 5 6 11 . 0 15. 1 51 100. 0 • Weed control will be by mechanical means if weeds do become a significant percentage of the plant community. A significant percentage would be considered 30 percent. If mechanical means prove not to be adequate, chemical weed killers recommended by a recognized agency or institution, i .e. , Soil Conservation Service, Agricultural Extension Service, etc. , will be used as long as the recommendation conforms to State and Federal laws. Fire lanes will not be required since the area will not be forested. No deposit -or disposal of refuse is anticipated. No u adverse chemical , physical or surface features are expected. The implementation of the reclamation procedures and mixes proposed here will provide a pond with properly sloped and stabilized shorelines commensurate with the intended post-mining land use. The proposed seed mix will provide a near natural (native) plant community exhibiting species diver=sity and composition. .1 L i . . L E I 870447 1 fTimetable Reclamation will be continuous throughout the mining opera- tion. As shoreline is created (northern edge first) , and the I mining progresses southward, the topsoil will be replaced along the banks and seeded as soon as practical . Each year, approxi- mately 1400 lineal feet of shoreline will be created. During the ; mining, shoreline will be reclaimed as the operation progresses. i Final grading will be a 3h: ly slope from the undisturbed area to 10 feet below waterline. . I Seeding, fertilization, revegetation and topsoiling have been previously discussed in this section. • I I . J I 1 i i • ' i . • L . L E-4 870447 EXHIBIT F ii RECLAMATION PLAN MAPS The Reclamation Plan Map is being submitted with this report. ; I • I II F-1 tF 870447 i I I EXHIBIT e r WAT El:F2 INF=C3 MIA'TIC N it Water requirements for the proposed operation will consist of dust suppression for haul roads and gravel washing. An estimated 5, 000 gallons of water ' per day will be used for dust suppression. I Based on an operating schedule of 200 days per year, the proposed mining operation will require approximately 3. 1 acre feet per year for dust suppression. The water for gravel washing will be recycled. Approximately t . 5%: of the washwater is lost due to spillage and evaporation from the spray tears. • The washing rate for the operation will be approximately 600 gpm yielding a water loss of 30 gpm. Using an operating schedule of 8 hours a day, 200 days per year, the water requirement for washing is approximately 8.8 acre-feet per year. Total water requirements for the operation is then approximately 11 . 9 acre-feet per year. Make-up water for the dust suppression and wash water will be purchased from water owned by the landowner. 1 The proposed mining operation will not affect the ground- water or surface water regime in the area. IThe Boulder Creek 100-year floodplain covers all of the permit area as shown on the Pre-Mining Map, sheet 1 of 2. The mining area will be adequately graded to insure proper drainage -from the site. Table G-1 shows all permitted and adjudicated wells in the area of the proposed operation. Only three wells are potentially .' within 1 , 000 feet of the proposed mine pit. Well #11940 (#6 in I Figure G-1) has a depth of 392 feet and will not be affected by the mining operation. Wells 49953, 22348, and 47305 are approxi- mately 1, 000 feet from the proposed operation and are not expected to be affected by the proposed operation. In the event of any potential reduction on water levels in these wells, arrangements could be made in supplying water from the de— • i watering operation. Discharges from the site will be monitored in accordance with . the NPDEB Permit obtained by the operator. I . • I G-1 I 870447 TABLE G-1 Well No. Owner Depth Yield 051379 • Richard 0. & Wanda J. Gilmer 117 8. 0 052284 Frank 0. Rasmussen 62 10.0 063314 Norman H. Johnson 57 10. 0 W-4507 Johnson Well #1 240 011940 Maxine Haley 392 9. 0 W-337 Becky Well 10840 800 049953 0. W. Smith 31 10.0 022348 0. J. Nichols 30 20.0 047505 Donald L. Martin 40 15.0 052165 Paul V. Andersen 30 15.0 I II II G-2 • 870447 1 . `• / / .7 > .� rte~ ' 29 �- 'T _ e I • - , i .•� '�\ 1,.........--H141".: �: <'4�.� :so-PERMITS' � �` . 7::...1.1::: �. .� .: DARY \ / e ( .\ ` ^ • • / • 1 , / �lo®"r . ,• _' ,j/ /��' TERSTA • 73 , ••r �• • # / j•~ I.i MILE ft.. CRLQ AT HWY. 52 - 1 I J- • J � � • / ; , r.- \ ' .y -N- . ±' • �- /�� i - - i-• 5 6 \ "."-'-7 . 1 ' �� Ufa: / • S. . ). \� • ice' . ' I r .. • r / I `.7... ' 1ER!•E C9lfl. -I..�•MILES `{'+�.a" _- Pros:LIMOS. Oaad.Map °Erie - Seal.: fns 2000' 0 sNELL LOCATION WELLS IN AREA • NUMBER ON mu •PERMIT NUMBER NUMBER ON MAP PERMIT NUMBER i I 51379 6 11940 I. 2 52284 7 W-337 3 63314 8 49953 4 W-4507 9 22348 • 5 52165 10 • 47505 I. a Figure G-I I•• Z 870447 I E X H I B I T H l W I L D L I F E I NF O R M A T I O nl l The site has not been mined previously. Presently, a gravel [ pit to the north presents a significant disruption of the adja— cent wildlife communities. The proposed site is bounded on the west by County Road 1 and generally on the north by Boulder Creek. The east and south boundaries are agricultural lands and associated practices. Due to the past and present disturbances, impacts on existing wildlife populations are expected to be mini-mal . The following species list is the probable wildlife that would be most expected to inhabit the proposed mining site. Due to the weather conditions, the site review did not provide sitings of possible inhabiting species and many of the species listed were obtained by literature review. ! Least chipmunk Eutamias minimus Colorado chipmunk . Eutamias quadrivittatus Uinta chipmunk Eutamias unbrinus Yellow—bellied marmot Marmota flaviventris Richardson' s ground squirrel Spermophilus richardsonii Thirteen—lined ground squirrel Spermophilus. tridecemlineatus Spotted ground squirrel Spermophilus spiiosoma Rock ground squirrel _ Spermophilus variegates I Golden—mantled ground squirrel Spermophilus lateralis Aborts squirrel Sciurus aberti Fox squirrel Sciarus niger Northern pocket gopher Thomomys talpoides Plains pocket gopher Geomys bursaries Olive—backed pocket mouse Perognathus fasciatus Plains pocket mouse Perognathus flavescens Silky pocket mouse Perognathus flavus Hispid pocket mouse Perognathus hispidus Ord' s kangaroo rat Dipodomys ordii Beaver Castor canadensis Plains harvest mouse Reithrodontomys montanus , i Western harvest mouse Reithrodontomys megalotis Deer mouse Peroayscas maniculates Northern grasshopper mouse Onochomys Ieucogaster Bushy—tailed wood rat Neatoma cinerea Meadow vole Microtus pennsylvanicas Prairie vole Microtus ochrogaster Muskarat Ondatra zibethicus Meadow jumping mouse ?apas hadsonius LPorcupine Erethizon dorsatum - I L H-1 870447 i Carnivora that can be expected to inhabit and breed in the general area are generally common to the plains areas similar to the proposed permit area. These carnivors are: Coyote Canis latrans Red fox Vu1pes valpes Swift fox Valpes velox Raccoon Procyon lotor Long—tailed weasel Mustela Crenate Mink Mastela vi_son Badger Taxidea taxas Striped skunk. Mephitis mephitis Ungulates that can be expected to occur in the area are: Mule deer Odocoileas hexionas • White-tailed deer Odocoileas virginianus Pronghorn Bntilor_apra americana Other mammalian species that might be expected to breed in the proposed permit area are: • Masked shrew Silver-haired bat (migratory) Hoary bat Eastern cottontail Desert cottontail White-tailed jackrabbit Black-tailed jackrabbit The occurrence of numerous bird species can be expected, a list of which is too numerous to provide here. 1 The following Reptilian and Amphibian species can logically be expected to breed in the area, however, their existence was not substantiated. Great-plains toad Woodhouses toad Boreal chorus frog Leopard frog Plains spadefoot Barred-tiger salamander Common-snapping turtle Western-painted turtle Ornate-box turtle Western-spiny softshell turtle Lesser-earless lizard Eastern short-horned lizard Red-lipped plateau lizard Prairie six-lined racerunner Northern many-lined skink Eastern yellow-bellied racer Plains hognosed snake Western milk snake • H-: 870447 Northern water snake Bullsnake Western plains garter snake Red-sided garter snake Prairie rattlesnake Threatened and endangered species other than the White pelican that may have had historic range in the area are the Greenback Cutthroat trout, the Johnny darter, the Black—footed ferret, and the River otter. The general effect on the possible existence of any population of the above listed species is not expected to be significant. Mining has been occurring in the area for several years. Obviously the smaller rodents are going to be displaced and it is quite likely some will be killed as their burrows are excavated. However, the populations of burrowing rodents are not expected to be large due to the existence of seasonably high ground-water tables. Little impact on the larger wildlife species that may occur such as deer, skunk, coyote, etc. , is expected. It is generally expected that these species are only transitory in the area due to the long-term mining that has occurred. Ultimately, there might be an increase in waterfowl due to the open ponds, however, the landowner would prefer that this did not occur because of the potential far illegal hunting and tres- pass. The landowner does not intend a beneficial use to occur from the existence of the pond. Due to the on going mining operations to the north, seasonal wildlife use is not expected to change. The existing mining has been occurring long enough so that any prior-to-mining seasonal use has long since been disrupted. The return of rodent populations after mining is not expected t❑ be significant due to the loss of their habitat. Some rodents • may move into the reclaimed areas around the pond shorelines. If this were to happen, then bird populations could also be expected to have a marginal increase, especially those that prey on the smaller rodents. Deer populations, large carnivor populations, and populations of the larger rodentia, beaver, nutria, etc. , are not anticipated to increase. 870447 EXHIBIT I SOIL INFORMATION Two mapping units have been used on this site by the Soil Conservation Service in their Soil Survey of Weld County, Colorado - Southern Fart, 1980. The two mapping units identify • only the taxonomic break due to the complexity and variability o•f the soil-s involved. These map units are ( 1) Aquolls and Aquents, gravelly substratum, and (2) Aquolls and Aquepts, flooded. The Aquolls and Aquents, gravelly substratum map unit occur on nearly level bottom lands. Aquolls, which have a dark colored surface layer, make up about 60 percent of the unit. Aquents, which have a lighter colored surface layer, make up a.)out - 20 • percent. About 20 percent is Aquepts and Bankard sandy loam. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical . Commonly the sails have a mottled, mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel within 48 inches. The water table is at or near the surface early in spring and recedes to as deep es 48 inches late in -fall . The potential native vegetation is dominated by Alkali sacaton, Switchgrass, and Western wheatgrass. Saltgrass, Sedge, Rush, and Alkali bluegrass are also prominent. Potential produc • - tion ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. Switchgrass, -Western wheat- grass, Alkali sacaton, Tall wheatgrass, and Tall fescue are suitable for seeding. . A grass drill is recommended. Seeding early in spring has proven most successful . The Aquolls and Aquepts, flooded occur on nearly level depressions in smooth plains and -along the bottoms of natural drainageways. Aquolls, which have a dark colored surface layer, make up about 55 percent of the unit. Aquepts, which have a lighter colored surface layer, make up about 25 percent. The Aquolls and Aquepts soils are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical . Com- monly the soils have a mottled, mildly to moderatly alkaline loamy or clayey surface layer and underlying material that ex- tends to a depth of 60 inches or more. In places they have a gleyed layer in the underlying material . The water table is at or near the surface in spring. These soil-s are used for rangeland and wildlife habitat. Some small areas are irrigated pasture. I-1 870447 • The potential native vegetation is dominated by Switchcrass. Prairie cordgrass, Saltgrass. Alkali sacaton, Big bluestem, Indiangrass, Western wheatgrass, Slender wheatgrass, Sedge. and Rush. Cattails and Pullrush grow in the swampy py spots. Potential production ranges from 4, 000 pounds per acre in favorable years to 3,000 pounds in unfavorable years. Farming practices and irrigation on adjacent lands have increased the amount of salts within some of the profiles. Switchgrass, Big bluestem, Indiangrass, Western wheatgrass, Pubescent wheatgrass, Intermediate wheatgrass, Tall wheatgrass. and Tall fescue are suitable for seeding. The plants selected should meet the seasonal requirements of livestock. For =suc— cessful seeding, a firm prepared seedbed is needed. A grass drill is recommended. Seeding early in spring has proven most successful . Tillage is needed to eliminate the undesirable vegetation. • • I-2 • 870447 EXHIBIT .7 VEGETATION I NFORMAT I C]N Generally, the vegetation communities follow the soil bound- aries, except where agricultural practices have superseded the material boundaries. Of the potential native grass species common to the site, Switchgrass usually dominates. Usual species are as follows: Switchgrass Panicum virgatam Prairie cordgrass Spartina pectinata Saltgrass DDistichlis spicata Alkali sacaton 3porabolas airoides • Big bluestem Andropogon gerardii Indiangrass Sorgastrum arvenaceu.a Western wheatgrass Agropyron smithii Slender wheatgrass Agropyron trachycaulux Various Sedge and Rush species are common with cattails and Bullrush in low swampy areas. Weed species and low growing orb and shrubs are common. Curlycup gumweed (&rindelia squarrosa) , Common sunflower (llelianthus annuus) , American licorice (Glycyrrhiza lepidota) , Salsify ( Tragopogon spp. ) , Common dande— jlion ( Taraxacum officinale) , Kochia (Kochia scoperia) , Western ragweed (.Ambrosia psilosta_hya) and Western yarrow (Achillea mlllefolium) are occupying or have occupied the permit area, especially where overgrazing or other.disturbance has occurred. Generally, the Saltgrass_. Western wheatgrass, Sunflower and Sedges occupy the wetter sails of the area. In the older dis- - turbed area that are drier soils, Broom snakeweed (Gatierrezia sarothrae) , Rubber rabbitbrush (Chrysothamnas nauseosus) and Western ragweed are prevalent. In the drier range site areas, Switchgrass, Prairie cordgrass, Alkali sacaton, Big bluestem, Indiangrass, and Slender wheatgrass are common. On those drier range sites that have been cultivated, Tall wheatgrass, Tall fescue, and Annual sweetclover are present. Blue grama and Sideoats grama are common on overgrazed areas that • appear to never have been cultivated. The ground cover is estimated to be 40 to 45 percent for the II• Aquolls/Aquents/Aquepts. IDuring reclamation, a select mixture of the above listed • lI species would be best suited to the resultant reclaimed site. It would not seem practical to segregate the individual plant-growth mediums that will result from stripping the surface soils of the three recognized soil mapping units. The areas to be reclaimed J-1 870447 1 will have -seasonably high water tables. A mixture of species common to the two soil mapping units would stand the greatest probability of successful revegetation. Because there are only 4 inches of tospoil available from the Bank:ard series, it seems that the mixing of surface soils from the two soil units on the permit area would occur. Therefore, it would seem reasonable to assume a ground cover after reclamation of between 30 and 35 percent. The lower percentage of ground cover is expected due to the anticipated difference in soil textures on mixing. Agricultural crops such as corn, alfalfa, grasses, beets, etc. , have been common to the site. The evapotransportation from these crops could have resulted in high consumptive uses of water since ground water is close to the surface during some of the growing season. Some of these crops, corn and beats, would have been irrigated. Crops like alfalfa and grass would have been less likely to be irrigated, but due to their deep rooting nature, water consumption could have been quite high. • L • J-2 • 870447 • EXHIBIT K CLIMATE The climatology data recorded at the Longmont 2 ESE weather station indicates the average annual precipitation at the site is approximately 12.6 inches per year and the annual mean temperature is approximately 49 degrees Farenheit. The evaporation rate for this area is about 40 inches per year based on the Department of the Interior' s information circular 8755. Average Monthly Total Temperature Precipitation January 27.4 .34 February 31 . 4 .43 March 35. 7 .46 April 46.7 1.26 May - 57.? ^ L.JJ June 65.6 1.76 July 72. 0 1. 18 August 69.9 1. 12 September - 61 . 1 1. 16 October 50.3 .98 November 37.1 .5? • December 30.2 .35 Mean/Total 48.7 12.59 (I. K-1 870447 EXHIBITL RECLAMATION COSTS The Armstead Pit Amendment will be mined from South to North in four phases. The topsoil and overburden from Phase I will be removed and placed on top of Phase 2 area. Then after sand and gravel are removed, the top- soil and overburden will be filled in the excavated Phase 1. Topsoil and overburden will be removed from Phase 2 and placed on top of Phase 1 area. At this time, Phase 1 area will be back to surface level. Phase 2 will then have sand and gravel removed. Topsoil and over- burden will be taken from the East side of the original Armstead Pit, and used to fill in Phase 2 back to surface level. Phases 1 and 2 are now back to surface level , and graded for drainage to existing lake area. It will be used for alfalfa by the owner. Phases 3 and 4 will be mined the same as Phases 1 and 2, except that Phase 4 will become part of the lake of the original Armstead Pit. The only reclamation will be the sloping of the 4~0 end of Phases 2 and 3, which will be lake bank, and reclaimed the same as all other lake bank areas. Since 80 percent of the Armstead Pit and Amended Smith Pit has been reclaimed, I am of the opinion that the existing bond that I now have posted will be more than sufficient to cover the Armstead Amendment. See accompanying pictures of the reclaimed areas from Armstead Pit and Amended Smith Pit. 870447 E X H I B I T M L O C A L G OUV'ERN ME N T A I2:°1=•R©V A L Local government approval will be pp provided when available. Approval is expected prior to the Colorado Mined Land Reclamation Division meeting. 1 • • ((I I • I ' M-1 870447 E X H I S I T NI OTHER l=' S OR LICENSES Colorado Mined Land Reclamation Permit No. M-84-070 Air Emissions Permit No. 84WE130F (1 ) Mr Emissions Permit No. 84WE130F(2) NPDES Permit No. COG-50005S N-1 II. 870447 EXHIBIT 0 SOURCE OF LEGAL RIGHT TO ENTER The operator has the legal right to enter this pit as indicated by the following certificate. I certify that Weld County Corporation, operator of the Armstead Pit, Amended Smith Pit, and Amended Armstead Pit, has the legal right to enter and mine sand and gravel on the property described as follows: Portions of the NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4 and SE 1/4 SW 1/4, Section 31, Township 2 North, Range 68 West of the 6th P. M. , Weld County, Colorado. R L.' Armstead A portion of the W 1/2 W 1/2 SW 1/4, Section 31, Township 2 North, Range 68 West of the 6th P. M. , Weld County, Colorado. 0. W. Smith Signed and sworn to me this $`1- day of di/Ain /77 19 y.4 /J 0 Date try rh.ad ru..{ (48r/ G 5:aL: (\.ceft-4.1 tvna.Z Notary Pu@I rc My commission expires: 9c741-,4“.1 . SZ My Commission Expires March ' tpnq ` / ,, f 4 rrcc / Addres 870447 [ EXHIBIT P r ADJACENT LA ND p W N E F S Cinque Land Co. [ cia Fred L. Spallone, Inc. Highway 287 '< Midway Blvd. Broomfield, Colorado 80020 Richard L. and Joan M. Armstead 219 Highway 52 Hip. � w� �-, Longmont, Colorado 80301 [ Rcb•.-rt. T. and Joan B. Anslmi 633 W. Crestline Avenue Littleton, Colorado 80120 [ • • 1 • 1L.. F-1 • • 870447 Hello