HomeMy WebLinkAbout850084.tiff fl70
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GRAVEL MINING AND RECLAMATION
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_ _ _ USR-690.85'34,
b?C vu_niC y NELSON ENGINEERS ED LOLOFF CONSTRUCTION. eye DEVLAMATION PLAN I.,/
w no GREELEY Ne1FlIeLAAZA INC. 1,>"1.
EXHIBIT F 3
%.L 4 MO� eAIAL .w. EELEY COLORADO ROCK
RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A WET, OPEN-CUT SAND
AND GRAVEL OPERATION - ED LOLOFF CONSTRUCTION, INC.
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 25th day of September, 1985 , at the hour of 2 : 00
p.m. in the Chambers of the Board for the purpose of hearing the
application of Ed Loloff Construction , Inc. , 145 3rd Street,
Kersey, Colorado 80644 , for a Use by Special Review for a wet,
open-cut sand and gravel operation on the following described real
estate, to-wit:
The SEa NWP and Sh NEQ NW4 of Section 4 ,
Township 5 North, Range 65 West of the 6th
P.M. , Weld County, Colorado
WHEREAS, Section 24 .4. 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS , the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and, having been fully informed, finds that this
request shall be approved for the following reasons:
1 . The submitted materials are in compliance with the
application requirements of Section 24 .7 , 44 . 1 , 44 .2 and
44 .3 of the Weld County Zoning Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 .4 .2 of the Weld County Zoning Ordinance as follows:
a. This request is in compliance with the Weld County
Comprehensive Plan and the Weld County Extraction
Plan, Mineral Resources, Volume II . The Weld
County area in question is located in a resource
conservation area. The Weld County Extraction Plan
states that extraction shall be encouraged in
/
27
850084
Page 2
RE: USR - LOLOFF
resource conservation areas, as long as appropriate
extraction standards are followed. The proposal is
consistent with the Comprehensive Plan policies
which allow uses of an industrial nature to occur
where the resources are available (i.e. , sand and
gravel operations as noted on pages 62-63 of the
Comprehensive Plan. )
b. The proposal is consistent with the intent of the
Agricultural Zone District in that the proposed use
does not interfere with other agricultural
activities in the area or the County, and as a Use
by Special Review the activity can take place in
the district.
c. The activities proposed will be compatible with
existing agricultural and rural residential uses in
the neighborhood, as well as the projected
development in the future.
d. The Greeley Planning Commission has reviewed this
proposal and has recommended no objection to the
request.
e. The subject site is in a Flood Hazard Overlay
District area. Development Standard #12 addresses
this concern.
f. The subject site is in the Horizontal Zone of the
Greeley-Weld County Airport Overlay District.
Development Standard #10 addresses this concern.
g. Use by Special Review Standards provide adequate
protection of the health, safety and welfare of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application for a
Use by Special Review for a wet, open-cut sand and gravel
operation on the hereinabove described parcel of land be , and
hereby is, granted subject to the following conditions:
1 . The attached Standards for Use by Special Review be
adopted and placed on the Use by Special Review plat
prior to recording.
Page 3
RE: USR - LOLOFF
2 . No building or electrical permits shall be issued for
the Use by Special Review Permit area until the plat has
been delivered to the Department of Planning Services
Office and compliance with Development Standard #2 has
been met. The prescribed Use by Special Review activity
shall not occur and building or electrical permits shall
not be issued until the Use by Special Review plat has
been recorded in the office of the Weld County Clerk and
Recorder.
3 . The applicant and/or operator shall be required to
obtain all applicable building or electrical permits for
USR-690 : 85 : 34 .
4 . The following note being placed on the Use by Special
Review Permit plat:
NOTE: The Mined Land Reclamation Board has the
authority to issue permits for mining and
reclamation activities. Activities related to
mining and reclamation are, therefore, under the
jurisdiction of the Mined Land Reclamation Board;
however, Weld County has jurisdiction of those
matters outlined in the Development Standards.
5 . The applicant shall submit evidence of compliance with
Section 44 .4 . 10 , Insurance, to the Department of
Planning Services .
6 . Prior to recording the Use by Special Review plat, the
applicant shall offer and agree to acceptable programs
of road maintenance with the Weld County Commissioners
and the City of Greeley Public Works Department. The
agreements shall mitigate impacts generated on Balsam
Avenue by the gravel mining operation' s truck traffic.
Page 4
RE: USR - LOLOFF
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
September, A.D. , 1985 .
'111 -L-0. ZLry BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder \,, • ,
and Clerk to the Board ine Joh sin, Chairman
//
BY-,;_ OM/1- i cs l A-2 . Bra ner, ro-Tem
eputy County erk
APPROVED AS TO FORM: C.W. Kir:Fl��
Go
County Attorney
Fra ' Yamag,i hi
DEVELOPMENT STANDARDS
Ed Loloff Construction, Inc.
USR-690 :85 :34
1 . The uses permitted on the parcels shall be the extraction of
sand and gravel as described in the application materials on
file with the Department of Planning Services and subject to
the Development Standards listed herein.
2 . Petroleum products and compressed flammable gases are
hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to
the issuance of building permits, the applicant shall provide
a list of the maximum quantities of hazardous substances
expected at the site and emergency phone numbers to the State
Health Department, Division of Waste Management; the Weld
County Emergency Response Coordinator; and the Western Hills
Fire Protection District. Evidence of this listing and
emergency phone numbers shall be provided to the Department
of Planning Services prior to the issuance of building
permits.
3 . Vehicular traffic shall ingress and egress onto Weld County
Road 41 1/2 as shown on the submitted Use by Special Review
plat. The haul route shall be from the point of ingress and
egress south to Colorado Highway 263 .
4 . The operator shall complete road maintenance and improvements
agreements with Weld County and the City of Greeley, and
upgrade Weld County Road 41 1/2 to the specifications
outlined by the Board of County Commissioners prior to
extraction of sand and gravel from the Use by Special Review
area.
5 . The property owner (s) and/or operator shall apply for a well
permit with the Division of Water Resources to comply with
C.R.S. 37-90-137 . Prior to extraction of sand and gravel , a
copy of the well permit application shall be forwarded to the
Department of Planning Services.
6 . The Use by Special Review area shall be enclosed by a six
foot chain-link fence with a three-strand barbed wire top.
The fence shall he erected prior to beginning the the sand
and gravel operation.
7 . Signs stating "No Trespassing" shall be posted and maintained
on the chain link fence at intervals of sixty feet.
Page 2
DEVELOPMENT STANDARDS - LOLOFF, USR
8 . The owner/operator shall maintain a fifty foot (50 ' ) setback
from Balsam Avenue in the mining operation.
9 . The owner and/or operator shall conduct periodic monitoring
of the surrounding area ' s water well levels.
10 . Structures on the site shall not exceed one-hundred-fifty
feet (150 ' ) in height, in accordance with Airport Zone Height
Limitations , Section 51 . 3 of the Weld County Zoning
Ordinance.
11 . The applicant shall obtain a N.P.D.E.S. Permit from the Water
Quality Control Division of the Colorado State Health
Department prior to discharge of any water into the Cache la
Poudre River. A copy of the N.P.D.E.S . Permit shall be
forwarded to the Department of Planning Services.
12 . All operations on said described parcel shall be in
conformance with the Weld County Flood Hazard Regulations
including:
A. No fill, berms or stockpiles of sand and gravel shall be
placed in the one-hundred-year flood plain of the Cache
la Poudre River which would obstruct passage of flood
flows; and
B. All fuel tanks , septic tanks, temporary buildings , and
any other hazardous items that might wash away during
flooding shall be securely anchored and adequately
flood-proofed to avoid creation of a health hazard.
Following completion of mining, all temporary buildings
shall be removed.
13. The open-cut gravel operation shall comply with Section 44 .4 ,
Operation Policies .
14 . The applicant shall comply with the design standards for the
Use by Special Review, Section 24 .5 et seq. , of the Weld
County Zoning Ordinance.
15 . The applicant shall comply with the Development Standards for
Uses by Special Review, Section 24 . 6 et seq. , of the Weld
County Zoning Ordinance.
16 . Representatives or members of the Weld County Health
Department and Weld County Department of Planning Services
shall be granted access onto the site at any reasonable time
in order to insure the operations carried out on the site
Page 3
DEVELOPMENT STANDARDS - LOLOFF, USR
comply with the Development Standards stated herein and all
applicable Weld County Regulations.
17 . The Use by Special Review area shall be limited to the plans
shown herein and governed by the Standards as stated above
and all applicable Weld County Regulations. Any material
deviations from the plans and/or Standards as shown or stated
above shall require the approval of an amendment of the
Permit by the Weld County Planning Commission and the Board
of County Commissioners before such changes from the plans
and/or Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
18 . The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated
Standards . Noncompliance with any of the above stated
Standards may be reason for revocation of the Permit by the
Board of County Commissioners.
19 . The owner/operator shall plant a greenbelt along the entire
south boundary of the Use by Special Review site within one
year of the beginning of sand and gravel excavation. The
greenbelt shall be planted and maintained in accordance with
Soil Conservation Service recommendations.
NEARING CERTIFICATION
DOCKET NO. 85-62
RE: USE BY SPECIAL REVIEW, WET, OPEN-CUT SAND AND GRAVEL OPERATION -
ED LOLOFF CONSTRUCTION, INC.
A public hearing was conducted on September 25, 1985, at 2:00 P.M. ,
with the following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Assistant County Attorney
The following business was transacted:
I hereby certify that pursuant to a notice dated August 19, 1985, and
duly published September 12, 1985, in the Johnstown Breeze, a public
hearing was conducted to consider the request of Ed Loloff
Construction, Inc. , for a Use by Special Review for a wet, open-cut
sand and gravel operation. Lee Morrison, Assistant County Attorney,
made this matter of record. Gloria Dunn, Planning Department
representative, read the favorable recommendation of the Planning
Commission into the record, stating that 18 Development Standards are
porposed for this operation. She said that the Planning staff
recommends that Condition #6 be changed to begin "Prior to recording
the Use by Special Review plat. . ." Vern Nelson, of Nelson Engineers,
came forward to represent the applicant and answer questions of the
Board. Mr. Nelson requested that Development Standard #8 be changed to
require only a 50—foot setback from Balsam Avenue. Considerable
discussion was held concerning the terms of the Road Maintenance and
Improvement Agreement which is to be signed in connection with this
matter. Mr. Nelson stated that mining operations may not be commenced
for a year and one-half or so at this location. Commissioner Kirby
moved to amend Development Standard #8 to require only 50-foot setback
from Balsam Avenue. Commissioner Lacy seconded the motion and it
carried unanimously. Robert Francis, a neighbor, came forward to speak
in opposition to this request. He stated that he does not want any
loss of ground water because of this operation and requested that a
greenbelt and fence be in place and maintained before operations
commence. Following discussion, Commissioner Kirby moved to add
Development Standard #19, addressing the issue of a greenbelt.
Seconded by Commissioner Lacy, the motion carried unanimously.
Commissioner Lacy moved to approve this request for a Use by Special
Review, subject to the Development Standards and Conditions as amended
and discussed. The motion, seconded by Commissioner Kirby, carried
unanimously.
/ / I
Page 2
CERTIFICATION: USR - LOLOFF
This Certification was approved on the 30th day of September, 1985.
APPROVED:
1jJ� BOARD OF COUNTY COMMISSIONERS
ATTEST: // ��Ltc} -^ on .f.?ice WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board \ 6 ine Jo on, Chairman
k6792iYyLc o i
D puty County Clem Gene R. Brant�Pro-T
C.W. Kir
Go on 5 a
Frank Yamaguchi
TAPE #85-81
DOCKET #85-62
LHR 2278
TMVENTCRY OF ITFMS FUTMIT:FP FCR CONSIDEP.?TION
Case Number (/J 2 69(, AJ /2 S Submitted or Prepared
Prior
to Hearing At Pearing
1. Application 174() Pages /
2. Application plat(s) 3 page(s)
3. DPS Referral Summary Sheet
4. DPS Recommendation V
5. DPS Surrounding Propery Owner Mailing List f/
6. DPS Mineral Owners Mailing List
7. DPS Maps Prepared by Planning Technician V
8. DPS Notice of Hearing
9. DPS Case Summary Sheet
10. DPS Field Check
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20.
I hereby certify that the (7 items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning Commission
hearing. I further c tify that
these items werorwarded to the Clerk to the
Board's office on G/J 19
•
Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF Q.. ts_ \ 19 %5
SEAL
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NolARY PUBLIC
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MY COMMISSION FXPIRRS MY Commission Expires Feb. 13, 19$9
EXHIBIT INVENTORY CONTROL SHEET
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DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT.4400
... 915 10th STREET
•.:4, GREELEY,COLORADO 80631
14,
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COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on August
6, 1985, at 1:30 p.m. to review a request for approval of a Use by Special
Review Permit for a wet, open-cut sand and gravel operation from Loloff
Construction, Inc. , on a parcel of land described as the SEA NWT, S1 NE14
NWI , Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado,
containing 55.17 acres, more or less.
The public hearing to be held by the Weld County Planning Commission for the
consideration of the above referenced request will be conducted in the Weld
County Commissioners' Rearing 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 August 6, 1985.
Copies of the application are available for public inspection in the
Department of Planning Services, Room 342, Weld County Centennial Center,
915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400.
Robert E. Ehrlich, Chairman
Weld County Planning Commission
To be published in the Johnstown Breeze
To be published one (1) time by Junly 11, 1985
Received by: (71447(A_ (/C/ C A •
Date: 7/V/• IJ/qf
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the Use by Special
Review are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a
certified court reporter to make a record of the proceedings, in addition to
the taped record which will be kept during the hearing, the Clerk to the
Board's Office can be contacted for a list of certified court reporters in
the area. If a court reporter is obtained, the Clerk to the Board's Office
shall be advised in writing of such action at least five days prior to the
hearing. The cost of engaging a court reporter shall be borne by the
requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 85-62 Ed Loloff Construction, Inc.
145 3rd Street
Kersey, Colorado 80644
DATE: September 25, 1985
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Wet, open-cut sand and gravel operation
LEGAL DESCRIPTION: The SE} NWI and Si NE} NWI of Section 4, Township 5
North, Range 65 West of the 6th P.M. , Weld County,
Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: August 19, 1985
PUBLISHED: September 12, 1985, in the Johnstown Breeze
XH/8/7 27
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the Use by Special
Review are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a
certified court reporter to make a record of the proceedings, in addition to
the taped record which will be kept during the hearing, the Clerk to the
Board's Office can be contacted for a list of certified court reporters in
the area. If a court reporter is obtained, the Clerk to the Board's Office
shall be advised in writing of such action at least five days prior to the
hearing. The cost of engaging a court reporter shall be borne by the
requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 85-62 Ed Loloff Construction, Inc.
145 3rd Street
Kersey, Colorado 80644
DATE: September 25, 1985
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Wet, open-cut sand and gravel operation
LEGAL DESCRIPTION: The SE} NW} and Si NE} NWk of Section 4, Township 5
North, Range 65 West of the 6th P.M. , Weld County,
Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: August 19, 1985
PUBLISHED: September 12, 1985, in the Johnstown Breeze
MOTS ,
AFFIDAVIT OF PUBLICATION
Elie . of Sting Isms cry ,
holk
to *,
f IM i el of THE JOHNSTOWN BREEZE
Colorard apoeunt000noeljd�Ooiwinw STATE OF COLORADO I
>MredL Fhatt d o,Fjagr 015 toll! 1 SS
e at t b ttme bbbad: ' COUNTY OF WELD I
Nreraa Ammons ry ft aa^t(• manner I, Clyde Briggs, do solemnly swear that I
and t«rat p.- a am publisher of The Johnstown Breeze;
>tbouw that the same is a weekly newspaper
lntergeed or fhy printed, in whole or in part, and published
ra°`portw to,'tma court in the County of Weld, State of Colorado,taindroceedr to or the and has a general circulation therein; that
on to the said newspaper has been
r lone ntheee :_he Clerk published
e office can be con continuously and uninterruptedly in said
tatted fora gar of certified court County of Weld for a period of more than
reporters In the area, If a court
none,is obtained,the Clerk to fifty-two consecutive weeks prior to the
aevieed In writing such shall
first publication of the annexed legal notice
at 1u Mye'Own* toe the or advertisement; that said newspaper has
hecoat a been admitted to the United States mails as
°� r Ma8 W ngbay
Me lT ALSO p„y, ^e second-class matter under the provisions of
BE RALSO KNOWN,that the
the Act of March 3, 1879, or any
t• o Qbumys005 ;brthe amendments thereof, and that said
nlNtlon may bee no,n+tied in the newspaper is_ a weekly newspaper duly
office Mthe Clerk tothe Boarded qualified for publishing legal notices and
County Commlaawnere, located
w Me wad �ury Centennial advertisements within the meaning of the
Center, file 70tH $eryet• Third laws of the State of Colorado.
Flow. Gree1sY. Cclaratla
DOCKET NO. 85-82 That the annexed legal notice or advertise-
APPLICANT ment was- published in the regular and
Ed Lowe Conpfir�o Inc entire issue of every number of said weekly
145 SNI Kersey, Colgate 8 tD newspaper for the period of / consecu-
DATE: September 28, ipM5 tive insertions; and that the first
TIME: 2:00 P.M. • publication of said notice was in the issue of
REQUEST: Use said newspaper dated VI Z— A.D. 1,2�_
Review l weL by Special and that the last publication of said notice
and gravel operetloePeo-ccut sand was in the issue of said newspaper dated
LEGAL DESCRIPTION: The SE% A.D. 19
Nww and sX NEX NWX or In witness whereof I have hereunto set
Section 4, tnt NJp 6 North,Ren a Ms w t of the Mtb P.M my hand this ..L.7 day of if t
weld Cow*/Colorado A.D. 19.g
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY
COLORADO
BY: MARY ANN Publisher
FEUERSTEIN
COUNTY LERK AND
RECORDER AND ,CLLERK
TO THE GUARD Subscribed and sworn to before me, a
BY: Mary Reiff, 0Itwty Notary Public in and for the County of
DATED: August 19, 1005
Wei, State of ColoradoJ.his .../.J. day of
,(a �-
--1PUBLISHED:9115, in the Johnstown Breeze September 12, A.U. 1'.�-.��...
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Notary Public
My commission expires
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Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Betty J. Poppe of
said County of Weld, being duly sworn, say that I am
an advertising clerk of THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
ea+ er.kl advertisement, of which the annexed is a true copy, has
3 i� been published in said daily newspaper for consecutive
Floor,Greeley,toiorado,at me time !cif1a.An Onions n (days) (APIA that the notice was published in the
manner Interested InMe following proposed Change of Zone are
aasmay l»At�qS��, regular and entire issue of every number of said
S 1�IfarJay If foamy da a&ilia presence of a
aim t reporter to make a d d pr ouch, ar, m newspaper during the period and time of publication of
ddes[Miwhich nt Wlnathehertins
the rkfsfrr eotrlcecengqamt uMefcerfolw said notice, and in the newspaper proper and not in a
WWII In*earn If acres of sugactClerk
N,w qa ` wn uR awlsN In wrnlna a aaen.mot.+ supplement thereof; that the first publication of said
,Nis " rbet? ar the cost of engaging azoun notice was contained in the issue of said newspaper
stir *[tale antlmaapaar cerrlfletloy M'Weltl
Cb1N1lZ 1a - netw ehaminW In Me in nure the bearing date
coo is /etra of County Ceminiielenera,located Me Weld
Col**tennedaN Cantor,915 Wit Street, Third Plow,Greeley, mo
DDOC ND,Ilea• . APPWCANT ' Eleventh LLl
r uStreet EttlAblift t"`"'n M` day of September A.D. 1985
1, tereey,Calaraeeloe"M
rE, s,MI and the last publication thereof; in the issue of said
LLEau�tCl:EIS a
R rna w Igtlai Raalew—Wet, open-cut lane and newspaper bearing date the
LEGALS CRIP
LEGAL f�Ilet a No The Range NW'Ai and of e NE W N., of
s.crlen 4 T^•^�a North.Renaa K West of the stn P.M.,Weld Eleventh
c:owlfy• t GoIet ' BOARDS:PP COUIITY COIRMISn1ONER5
I WEWCOUNTY,COLORADO day of September A.D. 1985 •
that said The Greeley Daily Tribune and The Greeley
' h Republican, has been published continuously and
i.,:iS uninterruptedly during the period of at least six
months next prior to the first issue thereof contained
said notice or advertisement above referred to;that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
September 11,1985
Total Charge: $26.24
L J . I�
�i Advertising Clerk
Subscribed and sworn to before me this
11 day of September A.D. 1,19_85_
omI as o
commi on expire/4V
EyDHP. ,ta 14
L/J /?urc -'e'4q
()Votary Public
DATE: August 19 , 1985
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively set the
following hearings for the 25th day of September, 1985 , at 2 :00
P.M.
Docket No. 85-61 - Ed Loloff Construction, Inc. , COZ , C-1
(Neighborhood Commercial) and R-1 (Low Density Residential)
to A (Agricultural)
Docket No. 85-62 - Ed Loloff Construction, Inc. , USR, Wet,
open-cut sand and gravel operation
OFFICE OF THE CLEE TO THE BOARD
BY: j % ) Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ni
Summary of the Weld County Planning Commission Meeting
August 6, 1985
Page 13
MOTION:
Bill McMurray moved Case Number Z-420:85:5 for Ed Loloff Construction, Inc. ,
for a Change of Zone from Residential-One (low density residential) and
Commercial-One (neighborhood commercial) to the Agricultural zone district
be forwarded to the Board of County Commissioners with the Planning
Commission's recommendation for approval based upon the recommendations and
conditions as outlined by the Department of Planning Services staff and the
testimony heard by the Planning Commission. Motion seconded by Jack Holman.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Lydia Dunbar - yes; Paulette Weaver - No,
because based on the change of zone standards the existing zoning is not
necessarily faulty if we see a lot of commercial and residential use in the
area as is. She also does not see changing conditions in the area, and one
of the uses that would be allowed on the property, which is a sand and
gravel mining operation, would not be compatible with an area such as this
is and as close to the city of Greeley as this is. Bill McMurray - yes;
Jack Holman - yes; Sharon Linhart - Yes, because she does find there is
compliance with the Comprehensive Plan in that the need to extract the
minerals should be met before there is an attempt to develop the land in
another way. She also feels there is an opportunity to have even better
conditions, a more pleasant atmosphere in this neighborhood after extraction
of the minerals, if we are careful in the way we plan and extract the
minerals. The existing zoning can be faulty since it appears it can be
developed residentially, primarily because of the flood prone area and the
airport overlay zone in addition to the minerals. Motion carried with four
voting for the motion and one voting against the motion.
CASE NUMBER: USR-690:85:34
APPLICANT: Ed Loloff Construction, Inc.
REQUEST: A Use by Special Review Permit for a wet, open-cut sand and gravel
operation
LEGAL DESCRIPTION: The SE1 NWI and the Sts NEI NW;, Section 4, T5N, R65W of
the 6th P.M. , Weld County, Colorado
LOCATION: Adjacent to the Greeley City Limits on the south; west of Balsam
Avenue and north of Colorado State Highway 263
Summary of the Held County Planning Commission Meeting
August 6, 1985
Page 14
APPEARANCE:
Lavern Nelson, P.E. , Nelson Engineering, represented the applicant. The
applicant intends to have a sand and gravel mine at this site. This will be
a wet pit operation and will have an estimated operation life of twenty-six
years. They must have the approval of the Board of County Commissioners and
the Mired Land Reclamation Board before they can began any sand and gravel
mining operations on this property. This will be a limited operation.
There will be three phases and gravel taken from the pit will only be about
four hundred tons per day. They have agreed that if five hundred tons per
day is taken out of this pit they will oil the road. Until that time, they
will maintain the gravel road in a good manner. There will be heavy
equipment on this site, dragline, crusher, trucks, etc. The crusher will
remain on the north end of the property during all three phases. Mr. Nelson
also reviewed the reclamation plans that are planned in conjunction with the
Soil Conservation Service.
Tape 214 - Side 1
Lee Morrison explained the required setbacks are usually determined by the
County's thoroughfare plan.
The Chairman called for discussion from the members of the audience.
Robert Francis, Surrounding Property Owner, reported he is not against this
proposed sand and gravel operation, but is concerned about water table in
the area and the effect it may have on the wells in the area.
Lee Morrison explained the County does not adjudicate water rights and the
County cannot act on water rights.
Jim Taylor, Surrounding Property Owner, represented the Fuhloff's and
Juanicorena's as well as himself. He is against this proposal because of
the a possibility of declining land values, dust, noise, and a possible loss
of water to the domestic and irrigation wells in the area.
Diane Taylor, Surrounding Property Owner, spoke against this proposal for
the same reasons stated above.
Chuck Carlson, Surrounding Property Owner, stated he is not against this
proposal. However, he would like to see it completed before twenty-six
years. He felt once reclamation of the area is completed it would be an
asset to the neighborhood.
Tape 214 - Side 2
Summary of the Weld County Planning Commission Meeting
August 6, 1985
Page 15
The Chairman stated that due to the lateness of the hour she is asking that
the recommendation, conditions, and development standards be dispensed with
and that they be filed with the summary as a permanent record of these
proceedings. If anyone in the audience wishes to review these items they
may ask to review a copy in the office of the Department of Planning
Services.
NOTION:
Jack Holman moved a new Operation Standard #9 be added to read as follows:
"The owner and/or operator shall conduct periodic monitoring of
the surrounding area's water well levels."
Motion seconded by Paulette Weaver.
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.
MOTION:
Bill McMurray moved Case Number USR-690:85:34 for Ed Loloff Construction,
Inc. , for a Use by Special Review Permit for a wet, open-cut sand and gravel
operation be forwarded to the Board of County Commissioners with the
Planning Commission's recommendation for approval based upon the
recommendations, conditions, and development standards as outlined by the
Department of Planning Services staff. Motion seconded by Lydia Dunbar.
The Chairman called for discussion from the members of the Planning
Commission. The one hundred foot buffer zone requirement was discussed, but
the Planning Commission members felt this should remain as requested by the
Engineering Department.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Lydia Dunbar - yes; Paulette Weaver - No,
she feels this operation is not compatible with current and future land-use -
in the area. Especially, when given the time frame of the element. Bill
McMurray - yes; Jack Holman - yes; Sharon Linhart - Yes, for some of the
same reasons delineated on the previous request. Motion carried with four
voting for the motion and one voting against the motion.
7, '"nS
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1<< I �ti
„%u_It/
AUG 9194 � ' i
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMIS 144---1_21f504 m
GRGELEY. COLD lb/
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill McMurray that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: USR-690:85:34
NAME: Ed Loloff Construction, Inc.
ADDRESS: 145 Third Street, Kersey, Colorado 80644
REQUEST: A Use by Special Review permit for a wet, open-cut sand and gravel
operation
LEGAL DESCRIPTION: The SEA NWT and Sk NE% NA of Section 4, T5N, R65W of
the 6th P.M. , Weld County, Colorado
LOCATION: Contiguous with the Greeley City Limits on the south; north of
Colorado State Highway 263 and west of Balsam Avenue
be recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with application
requirements of Section 24.7, 44. 1 , 44.2, and 44.3 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commission that the
applicant has shown compliance with Section 24.3.1 et seq. of the
Weld County Zoning Ordinance as follows:
This request is in compliance with the Weld County
Comprehensive Plan and the Weld County Extraction Plan,
Mineral Resources, Volume II. The Weld County area in
question is located in a resource conservation area.
The Weld County Extraction Plan states that extraction
shall be encouraged in resource conservation areas, as
long as appropriate extraction standards are followed.
The proposal is consistent with the Comprehensive Plan
policies which allow uses of an industrial nature to
occur where the resources are available (i.e. , sand and
gravel operations as noted on pages 62-63 of the
Comprehensive Plan) ;
- The proposal is consistent with the intent of the
Agricultural zone district in that the proposed use does
not interfere with other agricultural activities in the
area or the County, and as a Use by Special Review the
activity can take place in the district;
"'
Exnnllil7
USR-690:85:34
Ed Loloff Construction, Inc.
August 6, 1985
Page 2
- The activities proposed will be compatible with existing
agricultural and rural residential uses in the
neighborhood, as well as the projected development in
the future;
- The Greeley Planning Commission has reviewed this
proposal and has recommended no objection to the
request;
- The subject site is in a Flood Hazard Overlay District
area. Development Standard #12 addresses this concern;
- The subject site is in the Horizontal Zone of the
Greeley Weld County Airport Overlay District.
Development Standard #10 address this concern; and
- Use by Special Review Standards provide adequate
protection of the health, safety and welfare of the
neighborhood and County.
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The attached Standards for Use by Special Review be adopted and
placed on the Use by Special Review plat prior to recording.
2. No building or electrical permits shall be issued for the Use by
Special Review permit area until the plat has been delivered to
the Department of Planning Services office and compliance with
Development Standard #2 has been met. The prescribed Use by
Special Review activity shall not occur and building or electrical
permits shall not be issued until the Use by Special Review plat
has been recorded in the office of the Weld County Clerk and
Recorder.
3. The applicant and/or operator shall be required to obtain all
applicable building or electrical permits for USR-690:85:34.
USR-690:85:34
Ed Loloff Construction, Inc.
August 6, 1985
Page 3
4. The following note being placed on the Use by Special Review
Permit plat;
NOTE: The Mined Land Reclamation Board has the
authority to issued permits for mining and
reclamation activities. Activities related to
mining and reclamation are, therefore, under
the jurisdiction of the Mined Land Reclamation
Board; however, Weld County has jurisdiction
of those matters outlined in the Development
Standards.
5. Prior to the Board of County Commissioner's hearing, the applicant
shall submit evidence of compliance with Section 44.4. 10,
Insurance, to the Department of Planning Services.
6. Prior to the Board of County Commissioner's hearing, the applicant
shall offer and agree to acceptable programs of road maintenance
with the Weld County Commissioners and the City of Greeley Public
Works Department. The agreements shall mitigate impacts generated
on Balsam Avenue by the gravel mining operation's truck traffic.
Motion seconded by Lydia Dunbar.
Vote:
For Passage Against Passage
Lydia Dunbar Paulette Weaver
Bill McMurray
Jack Holman
Sharon Linhart
The Chairman declared the Resolution passed and ordered that a certified
copy be forwarded with the file of this case to the Board of County
Commissioners for further proceedings.
USR-690:85:34
Ed Loloff Construction, Inc.
August 6, 1985
Page 4
CERTIFICATION OF COPY
I, Bobbie Good, Recording Secretary o fthe 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 August 6, 1985, and recorded in Book No. IX of the proceedings of the
said Planning Commission.
Dated the 7th day of August, 1985.
a:O.1, v c\ooc,
Bobbie Good
Secretary
DEVELOPMENT STANDARDS
Ed Loloff Construction, Inc.
USR-690:85:34
1. The uses permitted on the parcels shall be the extraction of sand and
gravel as described in the application materials on file with the
Department of Planning Services and subject to the Development
Standards listed hereon.
2. Petroleum products and compressed flammable gases are hazardous
substances per C.R.S. 29-22-107 (2) (a). Prior to the issuance of
building permits the applicant shall provide a list of the maximum
quantities of hazardous substances expected at the site and emergency
phone numbers to the State Health Department, Division of Waste
Management, the Weld County Emergency Response Coordinator, and the
Western Hills Fire Protection District. Evidence of this listing and
emergency phone numbers shall be provided to the Department of Planning
Services prior to the issuance of building permits.
3. Vehicular traffic shall ingress and egress onto Weld County Road 41-1/2
as shown on the submitted Use by Special Review plat. The haul route
shall be from the point of ingress and egress south to Colorado Highway
263.
4. The operator shall complete road maintenance and improvements
agreements with Weld County and the City of Greeley, and upgrade Weld
County Road 41-1/2 to the specifications outlined by the Board of
County Commissioners prior to extraction of sand and gravel from the
Use by Special Review area.
5. The property owner(s) and/or operator shall apply for a well permit
with the Division of Water Resources to comply with C.R.S. 37-90-137.
Prior to extraction of sand and gravel, a copy of the well permit
application shall be forwarded to the Department of Planning Services.
6. The Use by Special Review area shall be enclosed by a six foot (6')
chain link fence with a three (3) strand barbed wire top. The fence
shall be erected prior to beginning the the sand and gravel operation.
7. Signs stating "No Trespassing" shall be posted and maintained on the
chain link fence at intervals of sixty feet (60')
8. The owner/operator shall maintain a one-hundred foot (100') setback
from Balsam Avenue in the mining operation.
9. The owner and/or operator shall conduct periodic monitoring of the
surrounding area's water well levels.
Development Standards
USR-640:85:34
Ed Loloff Construction, Inc.
Page 2
10. Structures on the site shall not exceed one-hundred-fifty feet (150')
in height, in accordance with Airport Zone Height Limitations, Section
51.3 of the Weld County Zoning Ordinance.
11. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality
Control Division of the Colorado State Health Department prior to
discharge of any water into the Cache la Poudre River. A copy of the
N.P.D.E.S. Permit shall be forwarded to the Department of Planning
Services.
12. All operations on said described parcel shall be in conformance with
the Weld County Food Hazard Regulations including:
A. No fill, berms or stockpiles of sand and gravel shall be
placed in the one hundred (100) year flood plain of the Cache
la Poudre River which would obstruct passage of flood flows;
and
B. All fuel tanks, septic tanks, temporary buildings, and any
other hazardous items that might wash away during flooding
shall be securely anchored and adequately flood-proofed to
avoid creation of a health hazard. Following completion of
mining, all temporary buildings shall be removed.
13. The open-cut gravel operation shall comply with Section 44.4, Operation
Policies.
14. The applicant shall comply with the design standards for the Use by
Special Review, Section 24.5 et seq. , of the Weld County Zoning
Ordinance.
15. The applicant shall comply with the Development Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
16. Representatives or members of the Weld County Health Department and
Weld County Department of Planning Services shall be granted access
onto the site at any reasonable time in order to insure the operations
carried out on the site comply with the Development Standards stated
hereon and all applicable Weld County Regulations.
USR:690:85:34
Development Standards
Ed Loloff Construction, Inc.
Page 3
17. The Use by Special Review area shall be limited to the plans shown
hereon and governed by the Standards as stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Standards as shown or stated above shall require the approval of an
amendment of the Permit by the Weld County Planning Commission and the
Board of County Commissioners before such changes from the plans and/or
Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
18. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
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<:oLo, RECEIJED JUN 2 �t 1S85
1O
o DEPARTMENT OF NATURAL RESOURCES
* % p o *; David H.Getches,Executive Director
ken,no,� MINED LAND RECLAMATION DIVISION
* 1876 DAVID C. SHELTON, Director
Z
Richard D.Lamm i ,• r ./'
Governor
June 20, 1985
•
Mr. Vern Nelson
Nelson Engineers
520 Greeley National Plaza
Greeley, CO 80631
RE: Ed Loloff Construction, Inc. Pit - File No. M-85-112
Dear Mr. Nelson:
I have reviewed this application for adequacy and have the following questions
and comments that must be addressed in detail at least 10 days prior to the
August 22-23, 1985 meeting of the Mined Land Reclamation Board:
A. Exhibit D - Mining Plan
1 . Please enter into an agreement with the owners of all permanent,
man-made structures located within 200 feet of the mining operation
that damage to the structure will be compensated for by the
operator. Please provide a copy of the agreement for the file.
The staff has identified a number of buildings and a power lines,
are there any other structures?
2. Please describe the method to be used to mine the gravel deposit in
detail .
3. The staff understands that the operator will stock pile the topsoil
in the locations marked O.P.A. , is this correct?
4. As required by the performance standards, the operator must-salvage
and stockpile the topsoil separate from the rest of the overburden
in order to protect the quality of the growth medium. The staff
recommends that the operator' s topsoil stockpiles have slopes no
steeper than 3.1 to allow the topsoil piles to be revegetated if
they are to remain in place for greater than one growing season.
Please indicate if the operator has a problem with this and if so,
why.
5. During the life of the project, the operator must have sufficient
topsoil stockpiled to replace 6-12 inches over all land areas.
Please indicate the amount of topsoil to be stockpiled in cubic
yards and the number of acres of land to be disturbed, requiring
revegetation, at the worst case.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567
6. Please provide the Division with a copy of the zoning permit with
stipulations as soon as it is available.
7. During the life of the project, the operator must have sufficient
overburden stockpiled to complete the required backfilling, in
order to create 3.1 slopes around the perimeter of the pond as
outlined on Map 3.
8. During mining, what will be the maximum length of shoreline that
will require backfilling above which reclamation activities will
commence? How many cubic yards of overburden will be necessary in
order to complete the required backfilling of this length of
shoreline to a 3.1 slope?
B. Exhibit E - Reclamation Plan
1 . The operator has indicated that dikes will be created as part of
the reclamation. Please provide a cross section of the dike and
describe the location of the dike. The operator should discuss the
design of the dike with the state engineers office.
2. If this is to be a wet mining operation, please describe how the
operator will backfill to create 3.1 slopes, 5 feet above to 10
feet below the expected water line.
3. The staff recommends that in addition to the 3. 1 maximum slopes
around the perimeter, the operator provide some shoreline areas
with slopes of 5.1 or less for emergent aquatic vegetation.
4. What portion of the SCS information does the operator not intend to
follow as a commitment for final reclamation?
5. Please list the species of trees and shrubs thatthe operator
wishes to plant and provide a description of numbers to be used,
size and general placement.
C. Exhibit G - Water Information
1 . As it appears that this is going to be a dewatering operation,
please describe the location of the water holding ponds referred to
and describe the size and depth necessary to hold all waters
generated from the dewatering operation.
2. Since at least a portion of the mining will involve dewatering,
please assess how this activity will affect wells in the vicinity
of the operation and describe what, if any, monitoring wells are
going to be constructed. Please be as specific as possible.
3. The Division of Water Resources is currently reviewing this
application, a copy of their review will be sent as soon as it is
available.
F. Exhibit L - Reclamation Costs
1 . Please provide the data and cost calculations utilized to arrive at
the reclamation cost figures. Please be certain that all costs
take into account the type of equipment utilized, rental and
operating costs, type of operation, maximum disturbance in acres
requiring various types of reclamation, costs of materials by unit,
amount of material to be used to perform each phase of the
reclamation, etc.
G. Exhibit M - Compliance with Local Zoning
1 . In order to help facilitate a rapid review, please provide proof of
conformance with local zoning as soon as it is available.
H. Exhibit 0 - Source of Legal Right to Enter
1 . The staff understands that the operator recently became the owner
of this property as outlined in the Commitment for title
Insurance. Is this correct?
2. Please note that the legal description in Exhibit A deviates from
the legal found in the title commitment. Please indicate which is
correct. If Exhibit A is not correct, please provide a new
premining plan map showing the correct Exhibit A.
I. Public Notification
1 . Please provide a copy of the newspaper proof of publication and
proof of landowner and adjacent landowner notification.
I look forward to reviewing your response to this letter. Please feel free to
contact me if there are any questions/
Sincerely,
a(e-o % Cam=
James B. McArdle
Senior Reclamation Specialist
JBM/sjv
1433F
NELSON ENGINEERS
GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303)3566362
July 19, 1985
James B. McArdle
Senior Reclamation Specialist
Mined Land Reclamation Division
423 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Re: Ed Loloff Const. , Inc. Gravel Mine
File No. M-85-112
Dear Mr. McArdle:
We request a continuance of the board' s consideration of the
Ed Loloff Const. , Inc. , application. The Weld County Commissioners
will not address our rezoning application until early September.
We therefore request that our application be placed on the agenda
for the board's September 25 , 1985 , meeting.
Respectfully,
NELSON ENGINEERS
/v2
Thomas S. Caldwell, C.E.
TSC/gc
NELSON ENGINEERS
GREELEV NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303)356-6362
August 13, 1985
James B. McArdle
Sr. Reclamation Specialist
Mined Land Reclamation Division
423 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Re: Ed Loloff Const. , Inc.
File No. M-85-112
Dear Mr. McArdle:
This application addendum responds to the concerns and
questions expressed in your review of June 20, 1985. We have
addressed the concerns in the order and under the headings used in
your review, and have enclosed a copy of the review for your
convenience. We have also made minor revisions to the application
drawings, and have enclosed two copies of these herein.
Some changes have been made in the proposed methods of mining
and reclamation. The outer embankment will be excavated to the
finished slope, and no embankment backfilling is contemplated.
Embankment resoiling will occur concurrent with mining, and extra
topsoil will be stockpiled in those buffer zones which are above
the flood plain. Finally, the deposit will be mined wet, and
there is no foreseeable need for dewatering. We hope the
following paragraphs fully answer the concerns of your review.
A. Exhibit D - Mining Plan
1. The mine owner accepts responsilbity for damage
caused to offsite structures in accordance with
Colorado Law, as well as the responsiblity for
liability insurance as required by Weld County. We
will advise adjacent landowners of these responsi-
bilities, and notify them of the pending application,
via registered mail.
2 . Mining will commence at the southern end of Mining
Area I. Excavation will be achieved by dragline,
and the pit will be worked wet; no dewatering is now
foreseen. The mined material will be hauled to
onsite crushers or screens, or be loaded directly
into trucks for immediate sale. The operator
expects a market demand for most of the overburden
stripped from the site.
James B. McArdle
Sr. Reclamation Specialist
Mined Land Reclamation Division
August 13, 1985
Page Two
The outer embankment of the pit will be excavated to
a 3 :1 slope from the existing grade to ten feet
below thewaterline, and at a 2 :1 slope from that
point down. The slope above waterline will be
notched back to allow for resoiling. (Please see
revised reclamation plan sheet) .
Topsoil will be stripped ahead of the advancing pit,
to a depth of six inches. Topsoil stripping will
proceed far enough to uncover a 180 day supply of
sand and gravel. This corresponds to 0 .6 acres at
the estimated rate of mining.
The outer embankment will be resoiled and revegetated
concurrent with mining. Buffer zones within the 100
year flood zone will be resoiled to a depth of 6 to
12 inches. Buffer zones above the flood zone will
serve as topsoil stockpile areas. Resoiling in these
areas will be to a depth of 18 to 24 inches.
The western portion of the property, Mining Area I,
will be mined first, as shown on the mining plan.
The eastern portion, Mining Area II, will be mined
next using the same steps outlined above.
3. The mining plan has been revised to show topsoil
stockpiling in those buffer zones which are above
the 100 year flood zone. These areas are labeled
"T. S. Stockpile Area" . (Please see revised mining
plan sheet) .
4. The operator intends to stockpile topsoil
separately, to maintain the stockpile slopes at no
greater than 3 :1, and to seed the stockpiles as
necessary to prevent erosion.
5. A total of 34 , 500 cubic yards of topsoil will be
stripped during the life of the mine. The ultimate
pond will contain approximately 36 acres of water
surface, leaving a maximum of 19 acres in need of
resoiling. This will allow an average resoiling
depth of greater than 12 inches.
James B. McArdle
Sr. Reclamation Specialist
Mined Land Reclamation Division
August 13 , 1985
Page Three
At no point in the life of the mine will there be a
shortage of topsoil to cover the disturbed areas,
since more area will be stripped than will need
resoiling. Embankment resoiling will occur
concurrent with mining. Topsoil stockpiled at
depths of 18 to 24 inches in buffer zones will
provide extra topsoil should an unexpected need
arise.
6 . An application for zone change and Special Use
Permit was filed with Weld County in May of this
year. Final county approval will be given by the
County Commissioners; no date is yet available for
their consideration of the application.
7 . The outer embankment of the pit will be excavated so
as to leave a 3 :1 slope from at least five feet
above the waterline to ten feet below. The
reclamation plan has been revised to show this
excavation slope. No backfilling will be required
for reclamation. (Please see revised reclamation
plan sheet) .
8. The shoreline will be excavated to the proper slope,
and not require backfilling. (Please see revised
drawing) .
B. Exhibit E - Reclamation Plan
1. The use of the word "dike" in the application was
inappropriate, inthat dikes can serve as small dams,
restraining a hydraulic head, and must be designed
for safety against rupture. The ultimate pond will
be surrounded by a resoiled, revegetated embankment.
The top of this embankment will taper into the
grade of the surrounding land. The water surface
will match the level of the local water table.
There is no possibility of rupture for such a
structure. Embankment sections are shown on the
Reclamation Plan. (Please see revised drawing) .
2 . The operator will excavate the outer embankment
slopes to the proper slope. (Please see revised
drawing) . No backfilling will be required.
Resoiling will occur above the waterline.
James B. McArdle
Sr. Reclamation Specialist
Mined Land Reclamation Division
August 13, 1985
Page Four
3 . The operator is prepared to waste part of the
overburden from Mining Area II against the south
embankment. Ten percent of the overburden from MA-II
(9690 cubic yards ) would provide a 5 :1 slope along
the south embankment for a distance of 150 feet.
4. The operator intends to follow the recoiling,
mulching, fertilization, and seeding recommendations
pertaining to grasses, as provided by the Soil
Conservation Service. The operator does not intend
to selectively strip or stockpile topsoil by soil
unit, as suggested, due to the complex boundaries of
the soil units in the area. The operator intends to
follow SCS recommendations with regard to tree and
shrub planting, with the qualifications stated in
the next paragraph. The shoreline will be graded to
a 3 :1 slope from at least five feet above to ten
feet below the ultimate water surface.
5 . The SCS suggests species , locations, and spacing for
tree and shrub planting in Exhibit AA of the
application. The operator intends to follow the SCS
suggestions, except where their timing will
interfere with mining operations. All plantings
will be completed by the time of final reclamation.
C. Exhibit G - Water Information
1. After due consideration, the operator has decided to
mine the deposit wet, in the manner described above
in paragraph A-2 . The operator foresees no need for
dewatering ponds .
2. No dewatering operations are contemplated.
3. We will review the comments of the Division of Water
Resources as soon as they become available.
(Note: Paragraph labels "D" and "E" were inadvertently
skipped in MLRB review. No content is missing) .
James B. McArdle
Sr. Reclamation Specialist
Mined Land Reclamation Division
August 13, 1985
Page Six
We hope that we have answered the concerns of your application
review. Please feel free to call on our office if there are any
questions.
Respectfully,
NELSON ENGINEERS
Thomas S. Caldwell, C.E.
TSC/gc
enclosures
EXHIBIT "AD-1"
Reclamation Costs - 1985 Dollars
Estimated
Reclamation Task Cost
* Miscellaneous finish grading - areas outside
of embankments. $ 5, 000
* Resoiling to 12" (average) depth - embankments,
planting areas, and disturbed areas - 19 . 3 acres
@ $300/acre. 5, 790
Mulching, seedbed preparation, grass seeding and
fertilization - 19 . 3 acres @ $420/acre. 8 , 106
Planting of visual screen atop embankments :
600 American Plum shrubs @ $5 . 80/each, installed; 3, 480
200 Red Cedar saplings @ $32 . 00/each, installed. 6,400
* Fencing repair and general cleanup. 1,500
Total Estimated Reclamation Cost $30,276
* Tasks accomplished using operators equipment and personnel.
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GREELEY CIVIC CENTER, GREELEY, COLORADO 80631
Gty O{ (303)353-6123
Greeley
July 30 , 1985
Weld County Department of Planning Services
915 10th Street
Greeley, Colorado 80632
ATTENTION : Gloria Dunn
RE: Ed Loloff Construction , Inc. , Request for Sand and Gravel
Pit on Balsam Avenue
Dear Ms . Dunn :
The City of Greeley has recently annexed approximately 1 ,000 feet
of Balsam Avenue north of Highway 263 (E. 8th Street). Because
the existing road is to be used as the access road to the
proposed sand and gravel pit , the City would like to see the
roadway improved to the same standards as being requested by the
County Engineer 's Office for that portion of Balsam Avenue that
is still in Weld County.
Please be aware that this is a request only as we have no means
of enforcing the requirements. Also, please be aware that the
City would bear no costs involved in upgrading the roadway. We
do feel strongly, however, that because of the increased traffic
on the roadway, improvements are needed to control dust and to
keep the roadway from deteriorating.
If you have any questions or need additional information, please
call me.
Sincerely ,
Gar Air?nrfrY Jo
son
Engineering Director
Public Works Department �Ifr— '----
11 ` " () 19E5
ClW LI` —
Yield Co. Planning Commission
\
C-x 17 x'/d/. -
NELSON ENGINEERS
GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303)356 6362
August 5, 1985
� �_ nn_ 1 11
�! `. :is C(•' I�i?j
Donald R. Carroll
Administrative Manager
Weld County Engineering Department Weld Co. Planning Commits:0y
P. 0. Box 758
Greeley, Colorado 80631
Re: Ed Loloff Const. , Inc. - USR-690 :85 :34
Dear Mr. Carroll:
Gloria Dunn passed onto us a memorandum dated July 23,
outlining your concerns with the Ed Loloff Const. , Inc.
application for Use by Special Review. As engineers for Mr.
Loloff, we would like to take this opportunity to address those
concerns. We desire to work with your office towards solutions
acceptable to both the county and to the economics of sand and
gravel mining.
The first matter of concern is the setback separating the
excavation line from the Balsam Avenue right-of-way. Balsam
Avenue is 30 feet wide and has a 60 foot right-of-way. Our
application shows a 50 foot setback from the right-of-way,
leaving 65 feet between the road edge and the excavation line.
We believe that the proposed 50 foot setback is sufficient
to avoid affecting the stability of the roadbed. The excavation
slope is of a stable, safe design. If flood waters raise the pit
water elevation, it is unlikely that wave action could erode away
the 50 foot buffer zone before the high water receded or remedial
action was taken.
In any case, the operator will be responsible for damage
caused to Balsam Avenue resulting from the mine operation, as
part of the proposed Road Maintenance and Improvement Agreement
(discussed below) . Since the haul route passes in front of the
setback area in question, operator correction of damage to the
roadbed is ensured.
The second matter of concern is a Road Maintenance and
Improvement Agreement. The operator concurs that such an
agreement is needed, and suggests the following provisions be
included:
i/ MEmORAnDU
nine Gloria Dunn Date
To Currant Plannar August 6, 1985
COLORADO From ❑nnald R Carroll . Administrative Manager - Engineering Dept.
Subject: Fd I oloff Construction Inc. - USR-690:85:34 __
First matter concerning setback separating the excavation line from
Balsam Avenue right-of-way.
Setback
This setback is retained for a number of reasons, including future
expansion to widen the road.
[ _
Mined Land Reclamation requires a 200 foot setback. In my letter
of July 23, 1985, we had reduced this requirement to one hundred feet.
This is the minimum that we would be comfortable with.
Road Maintenance and Improvement Agreement
All of the other operators with like gravel pit facilities have agreed
to pave the haul road to eliminate dust control and wear and tear on
equipment.
(3-0 M7; &L' fry Alf, 1t1a w! v14,1)
DRC/bf
Date: August 6, 1985
CASE NUMBER: USR-690:85:34
NAME: Ed Loloff Construction, Inc.
ADDRESS: 145 Third Street, Kersey, Colorado 80644
REQUEST: A Use by Special Review permit for a wet, open-cut sand and gravel
operation
LEGAL DESCRIPTION: The SE1 NW' and S1 NE1 NWT of Section 4, T5N, R65W of
the 6th P.M. , Weld County, Colorado
LOCATION: Contiguous with the Greeley City Limits on the south; north of
Colorado State Highway 263 and west of Balsam Avenue
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with application
requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff
that the applicant has shown compliance with Section 24.3. 1 et
seq. of the Weld County Zoning Ordinance as follows:
- This request is in compliance with the Weld County
Comprehensive Plan and the Weld County Extraction Plan,
Mineral Resources, Volume II. The Weld County area in
question is located in a resource conservation area.
The Weld County Extraction Plan states that extraction
shall be encouraged in resource conservation areas, as
long as appropriate extraction standards are followed.
The proposal is consistent with the Comprehensive Plan
policies which allow uses of an industrial nature to
occur where the resources are available (i.e. , sand and
gravel operations as noted on pages 62-63 of the
Comprehensive Plan) ;
- The proposal is consistent with the intent of the
Agricultural zone district in that the proposed use does
not interfere with other agricultural activities in the
area or the County, and as a Use by Special Review the
activity can take place in the district;
- The activities proposed will be compatible with existing
agricultural and rural residential uses in the
neighborhood, as well as the projected development in
the future;
USR-690:85:34
Ed Loloff Construction, Inc.
Page 2
- The Greeley Planning Commission has reviewed this
proposal and has recommended no objection to the
request;
- The subject site is in a Flood Hazard Overlay District
area. Development Standard #10 addresses this concern;
- The subject site is in the Horizontal Zone of the
Greeley Weld County Airport Overlay District.
Development Standard #8 address this concern; and
- Use by Special Review Standards provide adequate
protection of the health, safety and welfare of the
neighborhood and County.
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The attached Standards for Use by Special Review be adopted and
placed on the Use by Special Review plat prior to recording.
2. No building or electrical permits shall be issued for the Use by
Special Review permit area until the plat has been delivered to
the Department of Planning Services office and compliance with
Development Standard #2 has been met. The prescribed Use by
Special Review activity shall not occur and building or electrical
permits shall not be issued until the Use by Special Review plat
has been recorded in the office of the Weld County Clerk and
Recorder.
3. The applicant and/or operator shall be required to obtain all
applicable building or electrical permits for USR-690:85:34.
4. The following note being placed on the Use by Special Review
Permit plat;
NOTE: The Mined Land Reclamation Board has the
authority to issued permits for mining and
reclamation activities. Activities related to
mining and reclamation are, therefore, under
the jurisdiction of the Mined Land Reclamation
Board; however, Weld County has jurisdiction
of those matters outlined in the Development
Standards.
USR-690:85:34
Ed Loloff Construction
Page 3
5. Prior to the Board of County Commissioner's hearing, the applicant
shall submit evidence of compliance with Section 44.4.10,
Insurance, to the Department of Planning Services.
6. Prior to the Board of County Commissioner's hearing, the applicant
shall offer and agree to acceptable programs of road maintenance
with the Weld County Commissioners and the City of Greeley Public
Works Department. The agreements shall mitigate impacts generated
on Balsam Avenue by the gravel mining operation's truck traffic.
DEVELOPMENT STANDARDS
Ed Loloff Construction, Inc.
USR-690:85:34
1. The uses permitted on the parcels shall be the extraction of sand and
gravel as described in the application materials on file with the
Department of Planning Services and subject to the Development
Standards listed hereon.
2. Petroleum products and compressed flammable gases are hazardous
substances per C.R.S. 29-22-107 (2) (a) . Prior to the issuance of
building permits the applicant shall provide a list of the maximum
quantities of hazardous substances expected at the site and emergency
phone numbers to the State Health Department, Division of Waste
Management, the Weld County Emergency Response Coordinator, and the
Western Hills Fire Protection District. Evidence of this listing and
emergency phone numbers shall be provided to the Department of Planning
Services prior to the issuance of building permits.
3. Vehicular traffic shall ingress and egress onto Weld County Road 41-1/2
as shown on the submitted Use by Special Review plat. The haul route
shall be from the point of ingress and egress south to Colorado Highway
263.
4. The operator shall complete road maintenance and improvements
agreements with Weld County and the City of Greeley, and upgrade Weld
County Road 41-1/2 to the specifications outlined by the Board of
County Commissioners prior to extraction of sand and gravel from the
Use by Special Review area.
5. The property owner(s) and/or operator shall apply for a well permit
with the Division of Water Resources to comply with C.R.S. 37-90-137.
Prior to extraction of sand and gravel, a copy of the well permit
application shall be forwarded to the Department of Planning Services.
6. The Use by Special Review area shall be enclosed by a six foot (6')
chain link fence with a three (3) strand barbed wire top. The fence
shall be erected prior to beginning the the sand and gravel operation.
7. Signs stating "No Trespassing" shall be posted and maintained on the
chain link fence at intervals of sixty feet (60')
8. The owner/operator shall maintain a one-hundred foot (100') setback
from Balsam Avenue in the mining operation.
Development Standards
USR-690:85:34
Ed Loloff Construction, Inc.
Page 2
8. Structures on the site shall not exceed one-hundred-fifty feet (150')
in height, in accordance with Airport Zone Height Limitations, Section
51.3 of the Weld County Zoning Ordinance.
9. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality
Control Division of the Colorado State Health Department prior to
discharge of any water into the Cache la Poudre River. A copy of the
N.P.D.E.S. Permit shall be forwarded to the Department of Planning
Services.
10. All operations on said described parcel shall be in conformance with
the Weld County Food Hazard Regulations including:
A. No fill, berms or stockpiles of sand and gravel shall be
placed in the one hundred (100) year flood plain of the Cache
la Poudre River which would obstruct passage of flood flows;
and
B. All fuel tanks, septic tanks, temporary buildings, and any
other hazardous items that might wash away during flooding
shall be securely anchored and adequately flood-proofed to
avoid creation of a health hazard. Following completion of
mining, all temporary buildings shall be removed.
11. The open-cut gravel operation shall comply with Section 44.4, Operation
Policies.
12. The applicant shall comply with the design standards for the Use by
Special Review, Section 24.5 et seq. , of the Weld County Zoning
Ordinance.
13. The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
14. Representatives or members of the Weld County Health Department and
Weld County Department of Planning Services shall be granted access
onto the site at any reasonable time in order to insure the operations
carried out on the site comply with the Development Standards stated
hereon and all applicable Weld County Regulations.
USR:690:85:34 Development Standards
Ed Loloff Construction, Inc.
Page 3
15. The Use by Special Review area shall be limited to the plans shown
hereon and governed by the Standards as stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Standards as shown or stated above shall require the approval of an
amendment of the Permit by the Weld County Planning Commission and the
Board of County Commissioners before such changes from the plans and/or
Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
16. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
it/71 ct" r in. e /(I
FIELD CHECK
FILING NUMBER: USR-690:85:34 DATE OF INSPECTION: July 19, 1985
NAME: Ed Loloff Construction, Inc.
REQUEST: Use by Special Review permit for a wet, open—cut sand and gravel
operation.
LEGAL DESCRIPTION: SEA NWT and Slv NE% NW14 of Section 4, T5N, R65W of the
6th P.M. , Weld County, Colorado.
LOCATION: Within .25 mile north and east of Greeley city limits, north of
Colorado Highway 263 and west of Balsam Avenue.
LAND USE: N Two residences, cropland, Weld County Road 62.
E Balsam Avenue, farmland, 2 residences
S Four residences, commercial strip
W Farmland, 8 or more residences, commercial strip
ZONING: N R-1 (low density residential)
E Agricultural, R-1 (low density residential)
S C-1 (neighborhood commercial) , Greeley City limits
W R-1 (low density residential) , C-1 (neighborhood commercial)
and Greeley city limits.
COMMENTS:
Access is to Balsam Avenue, a gravel surfaced road. There are no structures
on the property. The land is idle with great variation in slope. This site
was recently approved for oil and gas drilling.
Approximately 15 residences are within 1/4 mile.
By:
Gloria V. Dunn
Current Tanner
NEL ON ENGINEERS
GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 1303) 356-6362
July 23, 1985
Gloria Dunn
Weld County Planner
915 Tenth Street
Greeley, Colorado 80631
Re: Special Use Application for Ed Loloff Const. , Inc.
Sand and Gravel Mine
Dear Ms. Dunn:
We would like to take this opportunity to amend portions of
the above mentioned application. Due consideration of state,
city, and county concerns have made some minor revisions
necessary. These revisions in no way change the nature or scope
of the operation.
1. The City of Greeley requested that a 40 ' strip to the
west of Balsam Avenue centerline be reserved for a
future street right-of-way. We have revised our
drawings to reflect this.
2. Due to concerns of the State Mined Land Reclamation
Board, the pit excavation slope has been made less
steep. The embankment detail on the reclamation plan
shows this revision.
3 . The mine operator has decided to mine the deposit wet,
using a dragline. No pumping will be needed for this
method, as was stated in the original application.
We are fully prepared to provide fresh prints of the
application drawings showing these revisions. Please call us if
you think this is necessary.
Respectfully,
NELSON ENGINEERS
Thomas S. Caldwell, C.E.
TSC/gc
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C C
REFERRAL LIST
APPLICANT: Loloff Construction Company, Inc. CASE NUMBER: USR-690
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 26, 1985
NO SR NR NO SR NR
County Attorney X X Western Hills Fire
Department
X Weld County Health Dept. 1804 Cherry Avenue
Greeley, Colorado 80631
xEngineering Department
County Extension Agent X Greeley Soil
Conservation District
xn Office of Emergency Mngmt 4302 9th Street Road
Greeley, Colorado 80631
State Engineer 0,0or(vo o r _Soy i 541,44, of
Division of Water Resources o ! u
1313 Sherman St. , Room 818
Denver, CO 80203
State Highway Department
1420 2nd Street
Greeley, CO 80631
_ Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
City of Greeley Planning Department
919 7th Street
Greeley, CO 80631
Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
X Paulette Weaver
1725 12th Avenue
Greeley, Colorado 80631
X Greeley Planning Commission
c/o Steve Hill
919 7th Street
Greeley, Colorado 80631
NO=No Objection
SR=Specific Recommendations
NR=No Response
(ft ts4i469 , 1O R n D
Gloria Dunn
wine. To Current Planner _ Date July 23, 1985COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept.
Subject: Ed Loloff Construction, Inc. - USR-690:85:34
We have reviewed the application from Ed Loloff for Special Use Permit
for 55. 170 acres in a wet, open-cut sand and gravel mining operation.
In response to our converation of July 22, I basically recommended from the
Mined Land Reclamation Division "Mineral Rules and Regulations" :
115 (4) (d)
(5) "The mining operation will adversely affect the stability of any
significant, valuable, and permanent man-made structures located
within two hundred feet of the affected land, except where there
is an agreement between the operator and the persons having an
interest in the structure that damage to the structure is to be
compensated for by the operator;"
for Ed Loloff Construction Inc. Mining and Pre-Mining Plans .
I denied the request for a 50-foot setback. We would allow excavation within
100 feet of the right-of-way on Weld County Balsam Avenue.
This should not release the applicant or operator from any liability that
may occur as a result of the mining activity.
Haul Route :
The designated haul route to be improved will be Weld County Road 412
(Balsam Avenue) from the entrance of the gravel pit, south to Colorado
State Highways 263 (8th Street) .
The applicant should be required to obtain a Road Maintenance and
Improvement Agreement from the County and the city.
Enclosed is a sample of an agreement with Connell Resources Inc. of
Windsor, a similiar sand and gravel operation.
The gravel pit will generate increased truck traffic, and the county
road serving the property will not efficiently support the increased
truck traffic.
DRC/bf
cc: Gary Johnson, Greeley Engineering Director
Steve Hill , City Planning Dept.
4jfl\ E ORAn
yolkTo Planning Department Date 7-16,-RS
COLORADO From Allen F. Palmquist
Subject: Case# U.S.R.-690:85:3`4
We have no problems with this as long as:
1. Required air pollution permit is obtained
2. Septic systems are permitted and designed according to
county regulations.°72_711FHirl';11[P,Fr .
Weld Co. Planning Commssiea
MAILING LIST
Ed Loloff Construction Company
USR-690:85:34
Z-420:85:5
Davis Farms, Inc.
P.O. Box 836
Greeley, Colorado 80631
W. S. Howard
1000 South Geneva Street
Denver, Colorado 80220
George T. Ashen
1000 South Geneva Street
Denver, Colorado 80220
Marge T. Ruland and
Helen T. Redmann
P.O. Box 1803
Greeley, Colorado 80631
Karl and Renate F. Kohlhoff
701 Balsam Avenue
Greeley, Colorado 80631
Robert W. Noffsinger
P.O. Box 488
Greeley, Colorado 80631
Eldon L. and Patricia J. Harrell
Route 1 Box 4-E
Greeley, Colorado 80631
Katharine S. McElroy, et al
P.O. Box 609
Greeley, Colorado 80632
John C. and Charlotte A. Carlson
203 North 40th Avenue
Greeley, Colorado 80631
Frank E. Moore and Frank E. Moore, Jr.
922 Ilth Street
Greeley, Colorado 80631
Robert D. Francis
P.O. Box 1608
Greeley, Colorado 80631
C
MINERAL OWNER'S LIST
Loloff Construction Company
USR-690:85:34
Z-420:85:5
R. A. Resources, Inc.
1101 29th Street Road
Greeley, Colorado 80631
APPLICATION FOR
SPECIAL USE PERMIT
FOR •
GRAVEL MINING AND RECLAMATION
ED LOLOFF CONST. , INC.
MAY, 1985
APPLICANT:
ED LOLOFF CONST. , INC.
145 THIRD
KERSEY, COLORADO 80644
353-1621
APPLICATION PREPARED BY:
NELSON ENGINEERS
GREELEY NATIONAL PLAZA
822 SEVENTH STREET, SUITE 520
GREELEY, COLORADO 80631
356-6362
PROJECT NO. 5014
NELSON ENGINEERS
GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (3031 356-6362
May 24, 1985
Department of Planning
Weld County Services Building
Greeley, Colorado 80631
Gentlemen:
This application is in request for a Use by Special Review
(USR) Permit for the extraction of sand and gravel in a part of
Section 4, Township 5 North, Range 65 West of the 6th P.M. , which
is owned and will be operated by Ed Loloff Const. , Inc.
As can be seen on the plan sheets, the subject property is
located approximately 1.5 miles east of Greeley. The property
has a high commercial aggregate value, as can be seen by the
mining plan map.
The property is presently zoned C-1 and R-1. The applicant
is in the process of a zone change to Agricultural, a zoning
which allows sand and gravel extraction under the provisions of a
Use by Special Review Permit.
The subject property is not located in ari area of geologic
hazard. The southern one-third of the parcel is located in Flood
Zone AO and Flood Zone B. The property is within the A-P Airport
Overlay District. This district limits structure heights as
detailed on the Weld County Airport Zoning Map. The northeast
corner of the property represents the "worst case" of height
restrictions. The height restriction at this point is 130 feet.
No structure of this height is needed for the gravel mining
operation.
As stated in the Weld County Comprehensive Plan, the present
economy in the front range corridor is causing an increasing
demand for sand and gravel extraction in Weld County. Also, no
building development is allowed on sites underlain with
commercial mineral deposits until extraction of the mineral
resources is complete. The proposed mining and reclamation
operations will follow the plan detailed in the enclosed
application.
The proposed rate of sand and gravel extraction is
relatively low; one daytime shift will remove approximately 400
tons per day. Noise levels are not expected to exceed those
May 24, 1985
Department of Planning
Weld County Services Building
Greeley, Colorado 80631
normally associated with the surrounding agricultural land use.
Extra maintenance for the gravel county road fronting the
property may be required; the operator agrees to provide the
extra road maintenance required as a result of his use.
We hope that this application has addressed the USR
requirements and concerns of Weld County. If you have any
questions about the application, please call.
Respectfully,
NELSON ENGINEERS
•
LaVern C. Nelson, P.E.
Engineering agent for the applicant
LCN/gc
enclosures
APPLICATION
USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631
Phone - 356-4000 - Ext. 4400
Case Number Date Received
Application Checked by Mylar plat submitted
Application Fee Receipt Number
Recording Fee F Receipt Number
•
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
I (we), the. undersigned, hereby request hearings before the Weld County Planning Commission and
the Weld County Board of County Commissioners concerning the proposed Special Review Permit of
the following described unincorporated area of Weld County Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: A part of Section 4
T 5 N, R 65 w - See Exhibit "A"
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is
proposed: N/a Section T N, R W
Property Address (if available) see Exhibit "A" - Plan Sheet 1
PRESENT ZONE C-1 and R-1 OVERLAY zoNEsWeld County Airport Overlay Zone
TOTAL ACREAGE 55. 170
PROPOSED LAND USE sand and gravel reclamation
EXISTING LAND USE unused
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW:
Name: Ed Loloff Const. , Inc.
Address: 145 Third City Kersey zip 60644
Home Telephone # 352-0845 Business Telephone # 353-16'21
Name:
Address: City Zip
Home Telephone # Business Telephone #
Name:
Address: City Zip
Home Telephone It Business Telephone #
APPLICANT OR AUTHORIZED AGENT (if different than above):
Name: N/a
Address: City Zip
Home Telephone # Business Telephone #
List the owner(s) and/or lessees of mineral rights on or under the subject properties of record.
Name: Ed Loloff Const. , Inc.
Address: 145 Third City Kersey Zip 80644
Name: R A Resources , Inc. (oil and gas lease)
Address: 1101 29th Street Road _city Greeley Zip 80631
Name:
Address: City Zip
I hereby depose and state under the penalities of perjury that all statements, proposals and/or
plans submitted with or contained within this application are true and correct to the best of my
knowledge.
COUNTY OF WELD )
STATE OF COLORADO ) n /�
Signature: Owner of Aut r d Agent
Subscrited and sworn to before me this%q day of 19 .
SEAL liZA- l f2 4)
RYY PUBLIC creel National Plaza
I'� / 822 venth Street, Suite 520
My commission expires l�,Q,,LJ/ /3 i),7,?i),7,? Greeley, Colorado 80631
WELD COUNTY, COLORADO
SPECIAL USE APPLICATION
For
OPEN CUT MINE PERMIT
(gravel pits, etc. )
Weld County Department of Planning Services 915 - 10th Street, Greeley, CO
Phone 356-4000 EXT 400
For Department of Planning Services Use Only Case Number:
•
Date Application Received: PC Hearing Date:
Section: Township: North, Range: West
Zoning District:
Recording Fee: Permit Fee:
Recording Fee Receipt #: Receipt Number:
Application Reviewed By
To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements:
1. I (we) , the undersigned, hereby request a hearing before the Weld County
Planning Commission concerning a proposed Open Cut gravel
(gravel, coal, borrow pit, etc.) mining operation for the following
described unincorporated area of Weld County:
LEGAL DESCRIPTION: See Exhibit A - Plan Sheet 1
TOTAL ACREAGE: 55. 170 +
2. Surface owner(s) of area of land described
Name: Ed Loloff Const. , Address: 143 Third, Kersey,CO phone: 353-1621
Name: Inc. Address: 80644 Phone:
3. Owner(s) of mineral rights to substance to be mined
Name: Same as No. 2 Address: Phone:
Name: Address: Phone:
4. Source of applicants Legal Right to enter and to mine on the land described:
See Exhibit "EE"
(Attach Certified Copy of any Document noted to the Back of This Form)
5. Address of applicant and general office
Applicants address: Same as No. 2 Phone:
General Office address: Phone:
6. Identify any prior permits for open cut mining held by applicant or affiliated
person:
7. Description of Operation
a. Types and number of operating and processing equipment to be employed:
One crushing and screening plant including office, maintenance shop, and
scale. Dozers, scrapers, trucks , and miscellaneous equipment. See Exhibit
"A", and proposed extraction standards.
and number of shifts:
b. Maximum number of employees: 5 ,
c. Number of stages to be worked: 2 , and periods of time each
is to be worked: Area 1 - 1986 - 2012; Area 2 - 2012 - 2030
Varies up
d. Thickness of mineral deposit: to 56 feet, and thickness of the
overburden: Varies up to 5 feet.
e. This will be a wet/dry pit operation: Area has a high ground water table.
Areas being excavated will be pumped during extraction of gravel .
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) : See plans - Hauling will be accomplished over on-site roads
to County Road 41 1/2 to 8th Avenue.
8. Description of Rehabilitation
a. Proposed rehabilitation land use(s) : See She*t3, Exhibit "E"- Open Space/
Wildlife Habitat
b. Source of technical advice for reclamation: Various governmental agencies
(Department of Wildlife, SCS, MLRB, etc.) and Nelson Engineers, Greeley, Co.
c. Explanation of Reclamation Process: See Sheet 3 and Exhibit "E" of
attachments
I hereby depose and state under the penalties of perjury that all
statements, proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF Weld
STATE OF Colorado v'7`p
Signature: Owner/Authorized Agent
subscribed and sworn to before me this ,- 9 day of May , 19 85.
- SEAL .e1//21/1/22 t4)
NO- Y PUBLIC Gre ey. National Plaza
822 Seventh Street, Suite 520
My. Commission expires (2/AJQ /3 /q P7
Greeley, Colorado 80631
_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
RECEIVE& MAR
oe•cozocozc 1 1 1985
c"" iiar
w DEPARTMENT OF NATURAL RESOURCES
ta. David H.Getches,Executive Director
MINED LAND RECLAMATION DIVISION
876 DAVID C. SHELTON, Director
7• g r �/
Richard D.Lamm
Governor ,,is ci r �.�„2 ,,
REGULAR (112) PERMIT
APPLICATION FORM
Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101,
et LE, as amended.
(Type of Print Clearly)
Ed Loloff Const. , Inc.
1. Name of Operation
(pit, mine or site name) Sand and Gravel •
2. Name of Applicant/Operator Ed Loloff Const. , Inc.
(name to be used on permit)
3. Address and Phone Number of 145 Third Street
Local Office Kersey, Colorado 80644 (303) 353-1621
4. Address and Phone Number of same as 3
General Office
5. Name and Phone Number of Person Edward Loloff
Staff Members Should Contact (303) 353-1621
6. Parent Corporation, If Any n/a
(include name and address)
7. Owner(s) of Record of Affected same as 2
Land (surface area)
(if more than two, list in
EXHIBIT P)
8. Owner(s) of Substance to be same, as 2
Mined (if more than two, list
in EXHIBIT P)
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30R) 866-3567
-2-
9. Source of Legal Right-to-Enter Title Commitment Policy by
(indicate what type of proof is ( Stewart Title Company
included in EXHIBIT 0) See Exhibit "0"
Rule 34-32-112(2)(d)
10. Type of Mine and Substance to open Pit - Sand and Gravel
be Mined (specify underground, i
open pit, quarry, etc. and
substance(s) to be mined
11. General Location and Elevation 1 .5 miles northeast of Greeley, Colorado
(miles and direction from ( Approximate site elevation 4640 (msl .)
nearest town and approximate I
site elevation
12. County Weld County
13a Total Surface Acreage to be
Included in Permit (Rule 1 .1 (2)) 55. 17 t acres
13b Total Acreage of Affected Lands
(Rule 2.11(14)) 55. 17 - acres
14. Application Fee (see Rule 2 to
determine amount, based on
permitted area) $860.00
15. Present Land Use (i .e.,
agricultural, industrial , etc.) Vacant - unused
16. Surrounding Land Uses Agricultural
17. Proposed Future Land Use (final
use after reclamation) open space/wildlife habitat
18. List Mining Operations Currently None
In Violation of the Act. (See
34-32-120)
19. The Lands Herein Do Not Affect Affirmative
any of the Lands Described in
Section 115(4) (f) of the Mined
"Land Reclamation Act. (specify
affirmation)
-3-
MAPS AND EXHIBITS
With each of the five (5) copies of the application form, the applicant must submit a
corresponding set of the maps and exhibits outlined in rule 2, as follows:
1 . EXHIBIT A - Legal Description
2. EXHIBIT B - Index Map
3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands
4. EXHIBIT 0 - Mining Plan
5. EXHIBIT E - Reclamation Plan
6. EXHIBIT F - Reclamation Plan Map
7. EXHIBIT G - Water Information
8. EXHIBIT H - Wildlife Information
9. EXHIBIT I - Soils Information
10. EXHIBIT J - Vegetation Information
11. EXHIBIT K - Climate
12. EXHIBIT L - Reclamation Costs
13. EXHIBIT M - Compliance with Local Zoning (See 34-32-115(4)(e) and 109(6)&(8)
14. EXHIBIT N - Other Permits or Licenses (See 34-32-115(4)&(4)(c)
15. EXHIBIT 0 - Source of Legal Right-To-Enter (See 34-32-112(2)(d)
16. EXHIBIT P - Owners of Record of Surface
and Subsurface Rights (See 34-32-112(2)(b)&(c)
NOTICE PROCEDURES
After the application is considered "filed" (pursuant to Rule 1. 1(10) with the Mined
Land Reclamation Division, notice procedures outlined in Rule 2.2 must be followed.
(Format for such notices will be included in the letter you receive from the MLR staff
informing you of the Completeness ("filing") of your application.)
FINANCIAL WARRANTY
All applicants must submit a financial warranty in an amount determined by the Board
prior to permit issuance. The law and regulations allow for several different types of
financial warranty. You should determine what type of financial warranty you desire to
use and obtain the appropriate forms from the Mined Land Reclamation Division during the
application review period to facilitate finalization of an acceptable financial warranty
and permit issuance.
COLORADO WATER LAWS
The permittee is encouraged to contact the State Engineer, with regard to the
administration of water rights, and the Colorado Department of Health, with regard to
the discharge of pollutants into the waters of the State. Violation of Colorado water
laws could result in enforcement actions taken by the State Engineer and/or the Colorado
Department of Health.
-4-
ADDITIONAL INFORMATION
This space can be referenced for further information of any of the items in this form.
•
To the best of my knowledge, all the information presented in this application is true
and correct.
Date: 37--- 3 — /3 , By: Zeor ✓ L t'
ii-e-C,
title
(Signature by individual legally authorized to
bind the operator to this application)
(Rev. 4/84)
Doc. No. 5547
ATTACHMENT TO REGULAR (112 )
PERMIT APPLICATION TO MINED LAND RECLAMATION BOARD
FOR MINING AND RECLAMATION PERMIT FOR
ED LOLOFF CONST. , INC. , KERSEY, COLORADO
MAY, 1985
EXHIBIT A - Legal Description
Included on Sheet 1 of plan sheets.
EXHIBIT B - Index Map
Included on Sheet 1 of plan sheets.
EXHIBIT C - Pre-Mining Plan Map of Affected Lands
Included on Sheet 1 of plan sheets.
a. All immediate adjacent surface owners are shown
on Pre-Mining Map (Exhibit C) .
b. Creeks, roads, buildings, power line (Home Light
and Power) , and other topographic features shown
on the topographic map (Exhibit C) .
c. Contours shown on the topographic map.
d. Area involved in operation - 55.17+ acres.
e. Vegetation in area to be mined is -entirely
covered with a sparse growth of native bottom
land grasses and weeds. No mature woody
vegetation exists on-site.
f. Water information - existing surface water
resources shown on Exhibit C. See also Exhibit
G.
EXHIBIT D - Mining Plan
a. & b. Mining by surface earthmoving machines.
Mining operation will include use of rock
crushers, office, and scales with scale house.
c. No irrigation water diversions within property.
Finished excavations to be maintained as a water
impoundment pond is created from ground water and
natural runoff.
d. See Mining Plan Map. Each designated area is
worked separately and in sequence indicated.
Area is shown on Exhibit D plan. All areas are
subject to major disturbance.
e. Time periods of each designated area is shown on
Exhibit D. Gravel thickness varies - see Mining
Plan, Exhibit D. Overburden is described in
Exhibit AA. Sandstone- siltstone bedrock stratum
underlies mineable sand/gravel material.
EXHIBIT E - Reclamation Plan
a. The operator proposes to reclaim the area through
development of a water impoundment with seeded
dikes, trees, and shrubs suitable for open space
and wildlife habitat purposes. The reclamation
will include a water impoundment generally within
the natural ground water levels of the immediate
area. Because the bottom of the excavation is
well below normal ground water, the future use is
development of a pond that could be used as
habitat for numerous wildlife species. The pond
will have a shaped dike with at least three feet
of freeboard. All finished slopes from five feet
above to ten feet below the expected water line
will have a slope no steeper than 3 horizontal to
1 vertical, and will be compacted using standard
heavy duty earthmoving equipment.
b. This area can be reclaimed and used in much the
same way as a number of parks in the City of
Greeley, such as Glenmere and Bittersweet parks.
The reclaimed area used as open space and
wildlife habitat will fit well into the
agricultural zoning of the local land use plan
according to local zoning regulations.
c. The affected lands will be reclaimed for open
space and wildlife habitat purposes within five
years after reclamation has commenced.
c-1. Grading - All grading will be accomplished as
soon as feasible, approximately one year after
the mining process is completed, using heavy
earthmoving equipment. All areas outside the
site will be protected from erosion or siltation
as a result of the operations. No refuse and
acid forming or toxic materials that might create
water pollution are anticipated to result from
the proposed mining operation. No drill or auger
holes, or shafts result from the mining
operation. Again, all finished slopes from five
feet above to ten feet below the expected water
line will have a slope no steeper than 3
horizontal to 1 vertical.
c-2 . Water - The operator intends to comply with
applicable Colorado water laws and regulations
governing water rights and with applicable
Federal and Colorado laws and regulations
governing water quality and dredge and fill
requirements where applicable. Although the
excavated area will remain inundated, no water is
generated nor consumed as a result of the mining
operation. The water impounded is that occuring
from natural ground water seepage in the area or
runoff entering the area from adjacent natural
drainage ways. Since no water is consumed, the
amount of water released is equivalent to the
amount entering the area. See also the USDA Soil
Conservation Service information noted as Exhibit
AA regarding ground water, soils, and grasses in
the area.
c-3. Wildlife - The Colorado Division of Wildlife is
currently reviewing the Pre-Mining Plan. A copy
of their review will be sent to you for comment
as soon as it is available. No conflicts with
wildlife is anticipated regarding reclamation.
c-4 . Topsoiling - Topsoil is quite limited in the
native area and it is mostly of poor quality as
shown on Exhibit AA. However, the limited
topsoil will be stockpiled above the 100 year
floodprone district and will be spread uniformly
in depths of approximately 6"-12" on the dike
areas above the water line of the water
impoundment and in other locations that might
have been disturbed during the mining operations
to provide a support for vegetation. Topsoil
will be maintained in a useable condition by
creating vegetative cover if prolonged storage is
required.
c-5. Revegetation - Revegetation will occur only on
the dikes above the water line of the impoundment
and on the locations disturbed by the mining
operation. It will consist of seeding of grasses
compatible to the area as described by the SCS in
Exhibit AA or as further recommended by that
agency. Seeding schedules and application rates
will be as recommended by the SCS. Trees or
shrubs which are adaptable to the area will be
used as screening. Plantings will be in
accordance with the SCS recommendations as the
areas are completed and reclamation occurs.
d. Implementation of the reclamation plan will
result in future use of the area through the
innate values of a water impoundment which
naturally provides a source for open space and
wildlife habitat. The proposed permit area is
not highly valuable for agricultural purposes as
may be seen by reference to Exhibit AA. The
reclaimed site will be consistent with the
surrounding area with regard to natural
vegetation, wildlife, and quality of water and
air. Wildlife in the area would have a
reasonably equivalent access. No less water in
the area will result from the change. No air
pollution will result, and in fact with more area
dedicated to water, less dust should result. The
water impoundment is described in paragraph a. of
this Exhibit.
e. For grading, compaction, and stabilization
operations, refer to paragraph c-1. of this
exhibit. For topsoiling operations, refer to
paragraph c-4 . of this exhibit. For vegetation
operations, refer to paragrph c-5. of this
exhibit.
f. Timetables - Area i - 25 .5+ acres. Mining
operations in this area will begin within the
next one or two years and is anticipated to occur
from about 1986 - 2012 . Reclamation planting
will follow the schedules provided by the SCS.
Area II - 17 . 2+ acres. This area will be mined
after Area I from about 2012 - 2030. Reclamation
will begin as soon as practical and will be
completed within the five year limit allowed by
the Act. As with Area I, reclamation planting
will follow the recommendations and schedules of
the SCS.
g. (i ) See Reclamation Plan and Details (Attached
plan sheet as Exhibit F) .
(ii ) See Exhibit AA - Applicant to comply with
SCS recommendations.
(iii ) Fertilization will be accomplished at time
of seeding operations.
(iv) See Exhibit E, paragraph c-5.
(v) See Exhibit E, paragraph c-4.
EXHIBIT F - Reclamation Plan Map - See attached map.
EXHIBIT G - Water Information
The reclaimed operation is expected to have a very
minimal effect upon other water systems in the area.
The reclamation land use of open space and wildlife
habitat will not consume ground water, other than
minor evaporative and transpirative losses. The
impounded water will seek a level equal to that of
the natural water table. The underground water table
in the area surrounding the site will be relatively
unaffected by the reclaimed area.
Water from dewatering operations will be pumped into
ponds developed on-site for that purpose. All
excavations and piled materials will be sloped so
that runoff from disturbed areas will flow into the
ponds created and designed for that purpose.
Wastes from machinery maintenance will be confined to
localized areas so that none of those wastes reach
water areas.
There will be no project water requirements for
development mining areas, other than occasional dust
control operations. The amount of water needed for
dust control is not expected to exceed 1,000 gallons
per week during dry conditions. The water will be
purchased from the City of Greeley system or the
North Weld County Water District. The applicant
intends to spread excavated sand and gravel on haul
roads, thereby greatly limiting the need for dust
control measures.
EXHIBIT H - Wildlife - See Exhibit E, paragraph c-3 .
EXHIBIT I - Soils - See Exhibit AA.
EXHIBIT J - Vegetative - See Exhibit AA.
EXHIBIT K - Climate
Average seasonal precipitation varies from 10 to 19
inches per year. Temperature ranges are those normal
to northern Colorado east of the mountains along the
front range and vary from a plus 100 F. to a low of
minus 20 F.
EXHIBIT L - Reclamation Costs - (1985 Dollars)
Finishing Grading $10 ,00O
Seeding 3 , 000
Fertilizing 2,000
Topsoiling 5,000
Miscellaneous Items (shrubs and tree saplings ) 10,000
Total Estimated Reclamation Costs $30 ,000
EXHIBIT M - Rule 9 .1 (1) - Deleted.
EXHIBIT N - Rule 9 . 1 (2 ) - Deleted.
EXHIBIT 0 -' Rule 9.1 (3 ) - See Exhibit EE - Title Commitment
Policy.
EXHIBIT P - See Items 7 and 8 of Permit Application - Owner
shown on attached map.
f tXH I ti I I "HA"
RECEIVED MAY I 5 i981
United States Soil 4302 West 9th St . Rd .
Department of Conservation Greeley , Colorado
Agriculture Service 80634
May 13 , 1985
•
Thomas S . Caldwell
Nelson Engineers
Greeley National Plaza
822 7th St .
Greeley , CO 80631
Dear Mr . Caldwell :
As per your request 4/23/1985 , please find the following attached:
1 . Order 1 Soil Survey Map
2 . Available Topsoil Mmap
3 . Critical Area Planting Specification
4 . Mulching Specification
The following seeding mixture is recommended for this site :
DRILL
SPECIES RATE (BROADCAST)
Vaughn sideoats grama 2 . 3 ( 4 . 6) lbs . /ac .
Critana thickspike wheatgrass 1 . 7 ( 3 . 4 ) lbs . /ac .
Arriba western wheatgrass 1 . 6 ( 3 . 2 ) lbs . /ac .
The area should be mulched and crimped or tacked with 3500-4000
lbs . /ac . mountain meadow hay , or other grass hay free of volunteer
wheat or barley . The area should be spring seeded not later than May
1 , but after April 1 . Mowing weeds may be necessary for 2 years .
Fertilizer is recommended at the rate of 40 lbs . nitrogen and 40 lbs .
phosphorus per acre . Topsoil should be replaced to a depth of 12
inches . Animal manures at the rate of 8 T/ac. @ 80% moisture should
be applied and incorporated if the topsoil stockpiles have been
stored for more than 2 years . Topsoil stockpiles in long term
storage should be seeded to a cover crop of 4 . 5( 9 ) lbs . /ac . Vaughn
sideoats grama and . 2( . 4 ) lbs . /ac . Ladak alfalfa to retain as many
soil microorganisms as possible .
Considering the small amount of topsoil needed to reclaim the pond
edge , the pit operator can b.e very selective about which topsoil to
use in the reclamation process . The topsoil to be salvaged for
on-site reclamation should come from soil mapping unit 10 - Bankard
sandy loam. The soils in the swale positions , soil mapping unit 3 -
Aquolls and Aquents , are rich in organic matter but have
tXlI!SI I "AA"
significantly more clay , commonly clay loamy and light clays . These
soils could be salvaged and sold for topsoil on the local commercial
market for landscaping purposes . This material , when mixed with
equal amounts of sandy loam or loamy sand , would be good planting
medium for lawns , trees and shrubs .
The final grade along the edge of the pond should be 4 : 1 or flatter .
This will provide access for fisherman . Anything steeper is
generally inaccessable . The site is also subject to ground water and
will be in a flooded condition after mining .
If the post-mining land use is wildlife , I have two further
recommendations . In the early stages of mining , preferably by year
5 , a visual barrier should be established along the east boundary of
the property and along a portion of the north and south boundaries .
This barrier should consist of two rows of trees and shrubs. The
first row should be 5 feet from the property boundary and consist of
American Plum( shrubs ) on 4 foot centers . The second row should be
Eastern redcedar ( trees ) 15 feet from the first row on 12 foot
centers . This barrier will provide security for waterfowl on the
pond area .
With 4 : 1 slopes around the perimeter of the pond, there is- a very
narrow area for emergent aquatic vegetation to become established .
This type of vegetation is important for feeding and nesting sites .
In the area where the topsoil was stockpiled , west of the shop area ,
an opportunity exists to create an area of emergent vegetation when
the pit is abandaned . When the topsoil is removed from the
stockpile , this area could be graded such that the north end of the
stockpile is 6 inches above static groundwater and sloping southward
at a 1% slope into the pit . The pit edge of this grading could be
left at the angle of repose . This grading , when flooded , would
provide an area for sedges , rushes , and cattails to become
established and could provide feeding and nesting cover for
waterfowl .
If you have any questions or further reclamation needs , please call .
Sincerely ,
4.dtp
,a
4
Gregory L. Snell
Soil Conservationist
Greeley Field Office
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EXHIBIT "AA"
i.. -*
UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide
Soil Conservation Service Section IV
Colorado All Field Offices
July 1981
STANDARDS AND SPECIFICATIONS
CRITICAL AREA PLANTING (ac.)
_ _ _. (342)
Standard Planning considerations
De£im*tion,---' Other conservation practices, including
but not limited to diversions, land
Planting vegetation, such as trees, smoothing, obstruction removal, surface
shrubs, vines, grasses or forbs, and subsurface drains, and underground
on highly erodible or critically outlets, may be necessary to prepare a
eroding areas (does not include, tree critical area for planting. Site pre-
planting mainly for wood products) . paration accomplished through the appli-
cation of the above practices should
Purpose result in a site meeting the following
standards.
To stabilize the soil, reduce damage
from sediment and runoff to downstream 1. Land slopes should not exceed 50
areas, and improve wildlife habitat percent (2:1) and should be flatQ44 0
and visual resources. where feasible and practicable.
Conditions where practice applies 2. Soils or soil materials must have
sufficient depth and potential
On highly erodible or critically ero- fertility to support the type of
dible or critically eroding areas. vegetation to he established.
These areas usually cannot be stabil-
ized by ordinary conservation treat- 3. Materials such as rocks and trash
ment and management and, if left that will interfere with planting
untreated, can cause severe erosion must be removed.
or sediment damage. Examples of
applicable areas are dams, dikes, 4. Runoff water from the site or adja-
mine spoil, levees, roadsides, cuts, cent areas must be controlled in a
fills, surface-mined areas, and de- manner that will prevent serious
nuded or gullied areas where vegeta- erosion and damage to the planting.
tion is difficult to establish by
usual planting methods. Specifications
Critical area planting should be Topsoiling
applied only on sites that have the
capability of supporting vegetation. In the event that the soils have insuffi-
Some critical areas are so hostile to cient depth or have physical character-
plant growth, because of climate, istics unsuitable for development of
soils or slope, that stabilization vegetative cover, topsoil or soil material
can be achieved only through struc- having the capability of supporting the
tural measures. planned vegetative planting shall be
brought in and spread over the deficient
areas. The material must be applied
uniformly in sufficient depth to support
the type and quality of vegetative cover
planned for the site. Source of materials
must be approved by the responsible
technician.
TUN #170
• i
342-2 Critical Area Planting -'r,•
Fertilizer requirements
1. All critical area plantings shall be fertilized unless field evidence or
a laboratory soil analysis indicates sufficient amounts of nitrogen and
phosphorus are present for establishment of vegetation.
2. The rate of fertilizer application shall be no less than 40 pounds of
nitrogen (N) and 40 pounds of phosphate (P205) per acre. Animal manures
or similar organic material may be uses to supply all or part of the
specified nutrients.
3. Time of application shall be immediately tpi.4 to seeding, of
seeding, or immediately following seeding, as applicable to the kind of
fertilizer and type of equipment used.
Seedbed preparation
The seedbed shall be well settled and firm, but friable enough that seed can be
placed at the seeding depths specified in "Depth of seeding." The seedbed shall
be reasonably free of weeds . Cou, Litive stands of weeds that are present before
seeding must be controlled by shallow tillage or by application of herbicides
labeled for this purpose.
t .let ��� Soils that have been over-compacted by traffic or ,'quipment, especially when wet,
should be tilled to break up rooting restrictive layers, and then harrowed , rolled
or packed to prepare the re : : i.red firm seedbed.
Methods of seeding
1. Seed should be planted with a drill on all slopes of 33 percent (3:1) or
flatter. The drill must have the capability of handling the kind and rate
of seed being planted.
2. Seed may be broadcast by hand, by mechanical spreader, or by hydraulic
equipment on areas that are small, too steep, or not accessible for seed-drill
operations. This specification does not provide for hydraulic application of
seed and mulch in a single operation.
Depth of seeding
1. Seed planted with a drill shall bo covered with soil to adepth of 1/4 to
3/4 inch.
2. Seed planted by the bra:' a.ast method shall be incorporated into the surface
soil, not to exceed a depth of 3,'4 inch, by raking, harrowing or other proven
method.
3. Indian ricegrass may be seeded to a depth of 2 inches on sandy loam and loamy
sand soils.
USDA/SCS/COLORADO 7/81 TON #170
EXHIBIl "HA"
•
Critical Area Planting 342-3
Time of seeding ` z
Grasses, legumes and other seeded species shall be planted within the seeding
periods specified in Table 1, with the provision that up to 10. days tolerance
from the specified periods may be allowed for the purpose of adapting to local
soil moisture conditions. Rocky Mountain penstemon, hairy vetch, milkvetch
and Indian ricegra5s should be planted in the fall so that freezing and thawing
can break seed dormancy for spring germination.
Table 1. Seeding dates for Critical Area Plantings
Cool Season Plants Warm Season Plants
MLRA* Dormant-Spring Summer Dormant-Spring Summer
D-34A,B,C, Oct 15-Apr 30 Jul 15-Aug 31 Oct 15-Apr 30 Jun 15-Jul 15
D-35,D-37,
D-39
E-48A,E-48B, Oct 1-Apr 30 Jun 15-Jul 15 i/ Oct 1-Apr 30 Jun 15-Jul 15
E-47
E-49A,E-49B Oct 15-May 15 Aug 1-Aug 31 2/ Oct 15 May 31
11-51 Oct 15-Apr 15 Jun 15-Jul 15 Oct 15-Apr 15 Jun 15-Jul 15
G-67 So.Colo. Nov 1-Apr 30 Aug 15-Sep 15 2/ Nov 1-May 31
G-70,H-77
G-67 No.Colo. Oct 15-May 15 Aug 15-Sep 15 Nov 1-May 31
H-72
G-69A,G-69B Nov 1-Apr 30 Aug 15-Sep 15 2/ Nov 1-May 31
*Major Land Resource Area
1/ Applicable to MLRA E-48A and E-48B on eastern slope of Rocky Mountains.
2/ Applicable to irrigated sites.
Rates of seeding
Seeding rates shall be in accordance with Colorado Agronomy Technical Note #61,
"Seeding Rates" dated March 16, 1981. Purity and germination tests for all lots
of seed shall be less than one year old. SEE 00,10_
Selection of species
Species planted shall be selected from the tables of "Perennial Grasses and Forbs
for Critical Area Plantings" and from the table of "Woody Plants for Critical Area
Plantings" attached to this specification (Tables 2 through 12) . Use the attached
map of Major Land Resource Areas as a guide to the plant tables. The tables list
species that are normally available on a commercial basis. Other plants that are
indigenous to the site may also be planted whenever available.
TGN #170 USDA/SCS/Colorado-7/81
342-4 Critical Area Planting
•
Mulching Jee �'-
Critical area plantings shall be mulched where rapid establishment of seeded
species is essential , or where one or more of the following factors are likely
to cause failure of the planting, as determined by the responsible technician.
•
1. Low or erratic precipitation
2. Droughty or slowly permeable soils
3. High soil temperatures
4. Erosive soils
5. Drying winds
Where need for mulching has been determined, follow standard and specifications
for "Mulching" (484) . Cover crops or crop residues produced on ; he site will
satisfy mulching requirements if present in sufficient quantity -.o provide
needed soil protection and moisture conservation.
Planting trees , shrubs and vines
1. Planting of woody plants must be done in late winter or early spring before
bud burst.
2. Roots shall be kept Moist at all times before planting.
3. Roots should be spread out as close to natural position as possible during
planting.
4. Holes shall be deep and wiGc enough to accommodate seedlings without bending
roots. +.•
•
5. Stock should be set the same depth as in the nursery or slightly deeper.
In no case should a plant be set shallower than it was in the nursery.
6. Soil shall be packed well around root" until seedling cannot be easily pulled
from the ground. Care s''.,. ld he taken to eliminate all air pockets in the
soil around the roe'
7 . Plants shall be :at( cod at planting time.
Supplemental water for establishment of plantings
1. Seeded plantings. In IfiiRVrtit1fh'll areas, where water is available and where
rapid establishment is r riled, irrigation of new seeding should be performed
during the first gr• • :i_nason.. Water should be applied. at approximately
1-week intervals , at a rate of 3/4 - 1 inch per application, when rainfall
is deficient for plant development.
2. Woody plantings. Woody transplants should be watered at time of planting,
followed by application of at least 1 gallon per plant per week, applied
to the soil at the base of the plant during the first growing season.
•
USDA/SCS/Colorado-7/81 TGN #170
EXHIBIT "AA" 342- ritical Area Planting
Protection of planting.
Planted sites shall be protected from trampling and grazing until plants are
well established. In heavy-use areas, critical area plantings should be protected
by fencing or barriers.
Woody seedling transplants may be protected from rodents and browsing animals
by enclosing the plant in Vexar tubing or by painting with animal repellent.
The Vexar tubing must be anchored to the soil by means of a lath or long wire
staple to prevent removal of the tubing by wind .
A. Management
1 . " Range seeding will be
undertaken only where grazing by
domestic livestock will be
controlled to permit plants to
become well established.
2. Range seedings will be
protected from all livestock from
the date of seeding for at least
two successive growing seasons, or
until the seeded plants are well,
established. One exception is
crested wheatgrass , it should not
ever be- grazed until the second
growing season.
necesSitry Zt(gtr5 •
3. Weed control for estab- Mew•Kt M0.y
lishment:
a. Grasses
( 1) Broadleaf weeds
should be sprayed while actively
growing and before reaching 4-6
inches in height. Seeded grasses
should be in a 4 leaf stage prior
to spraying. Selective herbicides
such as 2 , 4-D and/or Banvel• 1/
should be applied according to
labeled instructions . ( 1/8 - 1/4
lb. ai. of Banvel with 1/2 - 1 lb.
ai. of 2 , 4-D provides good
control of actively growing annual
broadleafs in seedling growth •
stage. It may be necessary to
spray twice the first year and
once the second year after
planting. )
• 1/ Use of trade name is for
clarity only and does not imply
endorsement of any one product
over others labeled for the
same treatment .
EXHIBIT "AA"
e
UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide
Soil Conservation Service Section IV
Colorado All Field Offices
February 1982
STANDARDS AND SPECIFICATION
MULCHING - 484
(Acre)
Standard
Definition B. Straw or Hay Mulch
Applying plant residues or other 1. The material will be grass
materials not produced on the site to hay ea eee_al hrai.. etre.. (both
the soil surface. referred to as straw in these
specifications) .
Purpose
2. The normal rate of appli-
To conserve moisture; prevent surface cation shall be 4,000 lbs/ac. of
compaction or crusting; reduce runoff air-dry material spread uniformly
and erosion; control insects; and help over the area.
establish plant cover.
3. At least 50% of the mulch
Conditions where practice applies by weight shall be 10 inches or
more in length.
On soils subject to erosion on which
low-residue-producing crops, such as 4. The straw will be free of
grapes and small fruits are grown; on noxious weeds.
critical areas; and on soils that have
a low infiltration rate. 5. One of the following
methods of anchoring the straw
mulch will be used:
Specifications
a. Manufactured mulch
A. General netting: Mulch netting will be
pulled hand tight over straw.
1 . The area shall be relatively Mulch netting will be held firmly
smooth and free of gullies or drifts. in place by metal pins commer-
cially available from mulch net
2. Mulching material shall be manufacturers for this purpose.
applied immediately before or after They are usually made of 8 guage
seeding unless seed is applied with wire and are 6-8 inches long. Pin
the mulch. When stabilizing sandy spacing will be in accordance with
soils it is recommended that seeding the manufacturer's instructions.
will be done after mulch application If the soil is sandy or otherwise
to prevent seeding too deep. For loose, use longer pins and wooden
additional information refer to stakes to firmly secure the
Agronomy Technical Note 1147 (Rev. 1) . netting.
TGN 11182 2/82
484-2-Mulching
b. Asphalt: Either liquid or emulsified asphalt products may be
blown on with the straw, or sprayed or sprinkled after the straw is spread.
An application rate of 0.10 gal/sq.yd. or 500 gal/ac. should be used with
the liquid asphalt and a rate of 0.04 gal/sq.yd. or approximately 200
gal/ac. should be used for the emulsified asphalt. Manufacturer's
recommendations should be followed in the mixture of -asphalt and carrying
agent.
c. Other products are polyvinyl T acetates and organic tackifiers.
d. Mechanical method - special equipment is manufactured
specifically for this purpose. However, if a "mulch crimper" is not
available, a farm type disc plow can be used by setting the disc straight
and apply adequate-weight to crimp the straw 4 inches into the soil.
C. Jute Netting
A heavy woven jute mesh designed for mulching. Install in accordance
with the manufacturer's recommendations.
D. Excelsior-Mat
A wood product covered with a plastic netting. Installation will be in
accordance with the manufacturer's recommendations. ,
E. Erosion Control Fabric or Blanket
A biodegradable polypropylene material constructed with knitted yarn
interwoven with strips of paper. Installation will be in accordance with
the manufacturer's recommendations.
F. Feedlot or Barnyard Manure
1. The manure must be of a type that has 60% or more, by weight, heavy
chunks 5 inches or more in diameter. Granular or powdery manure will not
meet specifications.
2 . The minimumrate of application shall be 20 tons per acre spread
uniformly over the area.
3. The manure will be applied immediately before or after seeding
depending on conditions determined by the technician.
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• ' EXHIBIT "AA"
8 SOIL SURVEY
filter t e leachate. Sewa e lagoons re ire sealing. 60 percent of the unit. Aquents, which have a lighter
Lawns shrubs, and trees ow well. Cap ility subclass colored surface layer, make up about 35 percent. About 5
Its i igated. percent is Aquepts and Bankard sandy loam.
2 Altvan loam, 1 to 3 percent slop . This is a deep, These are deep, poorly drained soils that formed in
w drained soil on to aces at elevatio s of 4,500 to 4,90 recent alluvium. No one pedon is typical. Commonly the
f et. It formed in o alluvium dep ited by the m . r soils have a mottled, mildly alkaline to moderately al-
vers. Included in apping are sm I areas of soils at kaline loamy or clayey surface layer and underlying
show evidence of oor drainage. so included are all, material and are underlain by sand or sand and gravel
long and narrow reas of sand an gravel deposits. within 48 inches. In places they have a gleyed layer in the
Typically the urface layer of is Altvan soil is ayish underlying material.
brown loam a out 10 inches t ick. The subsoil s brown Most of the acreage is subject to flooding. The water
and light ye owish brown cl loam and sandy clay loam table is at or near the surface early in spring and recedes
about 14 in es thick. The s stratum is calca eous loamy to as deep as 48 inches late in fall in some years.
sand abou 5 inches thick o er gravelly sand These soils are used for rangeland and wildlife habitat.
Perm bility and a ailable water capacity are Some small areas have been reclaimed by major drainage
moder e. The effective rooting depth is 0 to 40 inches. and leveling and are used for irrigated crops.
Surfa e runoff is medi , and the erosio hazard is low. The potential native vegetation is dominated by alkali
T s soil is used a ost entirely for rrigated crops. sacaton, switchgrass, and western wheatgrass. Saltgrass,
is 'ted to all crop commonly grow in the area, incl - sedge, rush, and alkali bluegrass are also prominent.
i corn, sugar be s, beans, alfalfa, mall grain, pota es, Potential production ranges from 3,000 pounds per acre in
nd onions. An e mple of a suitab cropping syste is 3 favorable years to 2,000 pounds in unfavorable.years. As
to 4 years of alfa followed b corn, corn for ilage, range condition deteriorates, the switchgrass, alkali
sugar beets, s all grain, or b ns. Land leveli , ditch
lining, and i falling pipelines ay be needed f r proper sacaton, and western wheatgrass decrease and saltgrass,
sedge, and rush increase.
water appli tion.
All met ods of irrigatio are suitable, b furrow ir- Management of vegetation should be based on taking
rigation i the most comm n. Barnyard ma re and com- half and leaving half of the total annual production. Seed-
mercial ertilizer are nee d for top yields ing is difficult and costly because numerous tillage prac-
Win reaks and env' onmental plant' s of trees d tices are required to eliminate the saltgrass sod.
shru commonly gro n in the area e generally ell Switchgrass, western wheatgrass, alkali sacaton, tall
sui d to this soil. Cultivation to control corn eting wheatgrass, and tall fescue are suitable for seeding. They
v etation should e continued fo as many y ars as can be seeded into a clean, firm seedbed. Seedbed
ssible following lanting. Trees t t are best s ited and preparation usually requires more than 1 year to
ave good survi al are Rocky M ntain junip , eastern eliminate the saltgrass sod. A grass drill should be used.
redcedar, pond osa pine, Siberi elm, Russi -olive, and Seeding early in spring has proven most successful.
Wetland wildlife, especially waterfowl, utilize this unit.
hackberry. T shrubs best su' ed are sk bush sumac,
lilac, Siberia peashrub, and erican plu The wetland plants provide nesting and protective cover,
y as well as some food. The nearby irrigated cropland,
This soil an produce hab' t elements that are hi
suitable f openland wild e including heasant, co on- where wildlife obtain much of their food and fmd protec-
tail, and ourning dove. uch crops wheat, co , and tive cover, makes this unit valuable to both wetland and
alfalfa rovide suitabl habitat fo openland ildlife, openland wildlife.
espec' lly pheasant. ree and rub planti gs and Openland wildlife, especially pheasant, use this unit for
und' turbed nesting over would nhance ope and wil- cover and nesting. Deer fmd excellent cover in some
dli populations. areas.
is Altvan soi has fair to good potenti for urban These valuable wildlife areas should be protected from
nd recreational evelopment. he chief Ii ting soil f - fire and fenced to prevent encroachment and overuse by
tures for urba developmen are the sh . k-swell po n- livestock. They should not be drained.
tial of the s soil as it ets and dri and the pid These soils have good potential as a source of sand a d
permeability of the sand and gravel bstratum. eptic gravel. Capability subclass VIw; Salt Meadow range si
tank abso ion fields f ction proper , but in pl es the 4—Aquolls nd Aquepts flooded. T s nearly evel
substratu does not ontain enou fines to roperly ma unit is i depressions . smooth pl ' s and alo g the
filter t leachate. ewage lag ons requir sealing. b toms of atural drain eways thro ghout the survey
Lawns shrubs, and rees grow ell. Capabil' y subclass. ea. Aqu s, which ha e a dark co red surf e layer,
IIe it gated. make up bout 55 pe ent of the nit. Ague ts, which
; 3-Aquolls and Aquents, gravelly substratum. This have a ghter colore surface lay r, make about
nearly level map unit is on bottom lands and flood plains percen . About 20 rcent is soi that are ell drain d
of all the major streams in the survey area. Aquolls, and s ils that have andstone or shale with' 48 inche of
which have a dark colored surface layer, make up about the urface.
EXHIBIT "AA"
12 SOIL SURVEY
This oil has good p tential for urban and recreational Wildlife is an important secondary use of this soil. The
devel ment. Increas d population gro th in the surve cropland areas provide favorable habitat for ring-necked
area as resulted inIncreased homesi construction. T e pheasant and mourning dove. Many nongame species can
chi limiting soil f atures for urban evelopment are he be attracted by establishing areas for nesting and escape
s 'nk-swell potential of the subsoi as it wets and ries cover. For pheasants, undisturbed nesting cover is essen-
d the limitedagility of this soil support a load. eptic tial and should be included in plans for habitat develop-
ank absorptio fields function operly, but con "ix,
ment, especially in areas of intensive agriculture. Range-
sewage syste s should be prole' ed if the popul ion den- land wildlife, for example, deer and antelope, can be at-
sity increas . Because of the moderately rapi permea- tracted by managing livestock grazing and reseeding
bility of th substratum, sew ge lagoons mus be sealed. where needed.
Lawns, s bs, and trees ow well. Capab'ity subclass This soil is not suited to urban or recreational develop-
Ile irrig ed. ment because of the flood hazard. Capability subclass
10:—Bankard sandy loam, 0 to 3 percent slopes. This IVw irrigated, VIw nonirrigated; Sandy Bottom land
is a deep, somewhat excessively drained soil on flood range site.
plains at elevations of 4,450 to 5,000 feet. It formed in 11—BP ser sandy loam, 0 t 1 percent slopes. Th's is
stratified recent alluvium along streams and rivers. In- a deep, ell drained soil on to aces at elevations of ,700
eluded in mapping are numerous sand and gravel bars to 4,8 feet. It formed i alluvium deposited the
and small areas of noncalcareous soils. Soul Platte River. Includ in mapping are sm 1 areas
Typically the surface layer of this Bankard soil is of s ils that have sand d gravelly sand in e lower
brown sandy loam about 4 inches thick. The underlying p of the substratum.
material to a depth of 60 inches is pale brown calcareous ypically the surface ayer is grayish brow sandy loam
sand stratified with thin lenses of sandy loam, loam, and bout 11 inches thick. he subsoil is brown nd yellowish
fine gravel. brown sandy clay 1 m about 19 inches ick. The sub-
Permeability is moderately rapid. Available water stratum to a depth f 60 inches is loamy s nd.
capacity is low. The effective rooting depth is 60 inches or Permeability nd available wate capacity are
more. Surface runoff is slow, and the erosion hazard is moderate. The ffective rooting dep is 60 inches or
low. more. Surface noff is slow, and t erosion hazard is
This soil is suited to limited cropping. It is sandy and low
subject to flooding. Pasture is the best use. Tall wheat- This soil ' used almost entirely for irrigated crops. It
grass, tall fescue, and annual sweetclover are some of the is suited t all crops commonly own in the area inclu
most suitable crops. Light, frequent irrigation by furrows ing corn, ugar beets, beans, alf a, small grain, potato s,
and flooding is best. Commercial fertilizer improves the and oni s. An example of a s table cropping system s 3
amount and value of forage produced. to 4 ars of alfalfa follow d by corn, corn for ' age,
The potential native vegetation is dominated by suga beets, small grain, or eans. Few conservatio prac-
switchgrass, indiangrass, sand bluestem, sand reedgrass, lice are needed to mainti top yields.
sideoats grama, needleandthread, and blue grama. Much 11 methods of irriga on are suitable, but f now ir-
of this range site includes other soils and vegetation in gation is the most co mon. Barnyard manur and com-
such a complex pattern that it is difficult to map them mercial fertilizer are ededfor top yields.
separately.Potential production ranges from 2,500 pounds Windbreaks and a vi tal plantings re generally
per acre in favorable years to 1,500 pounds in unfavorable
years. As range condition deteriorates, the tall and mid suited to this soil. oil blowing, the prin pal hazard in
grasses decrease; blue grama, sand dropseed, and forbs establishing trees and shrubs, can bee trolled by cul-
increase; and forage production drops. Undesirable weeds tivating only in he tree row and by aving a strip of
and annuals invade the site as range condition becomes vegetation be een the rows. Supp mental irrigation
may be need d at the time of plan g and during dry
poorer.
Management of vegetation should be based on taking periods. Tre that are best suited d have good survival
half and leaving half of the total annual production. Seed- are Rocky ountain juniper, east redcedar, ponderos
ing is desirable only in areas large enough to interseed or pine, Sib an elm, Russian-oli e, and hackberry. T
to prepare a seedbed. Switchgrass, sand bluestem, sand shrubs st suited are skunkbu sumac, lilac, and Sib
reedgrass, sideoats grama, little bluestem, blue grama, pu- an pea rub.
bescent wheatgrass, and intermediate wheatgrass are Wi life is an important econdary use of thi soil.
suitable for seeding. This soil can be seeded by using an Rin necked pheasant, mo ' g dove, and ma non-
interseeder or a firm, clean sorghum stubble. A grass drill ga e species can be attr eted by establishing eas for
is required. Seeding early in spring has proven most suc- n sting and escape cov r. For pheasants, isturbed
cessful. esting cover is essent 1 and should be inclu d in plans
This soil is generally not suited to the establishment for habitat developm , especially in areas of intense
and growth of trees and shrubs. Onsite investigation is agriculture.
needed to determine feasibility and possible tree and This soil has goo potential for urban d retreat nal
shrub species. development. La s, shrubs, and trees grow wel The
• r" EXHIBIT "AA"
34 SOIL SURVEY
or drilled into firm, clean sorghum s bble. Seeding tivating only in the tree row and by leaving a strip of
early in spri has proven most s cessful. Brush vegetation between the rows. Supplemental irrigation
management n also help to improve d eriorated range. may be needed at the time of planting and during dry
Windbrea and environmental plan ngs are fairly well periods. Trees that are best suited and have good survival
suited to t s soil. Blowing sand and ow available water are Rocky Mountain juniper, eastern redcedar, ponderosa
capacity e the principal hazards in establishing trees pine, Siberian elm, Russian-olive, and hackberry. The
and sh s. This soil is so loos that trees should be shrubs best suited are skunkbush sumac, lilac, and Siberi-
planted in shallow furrows, a vegetation is neede an peashrub.
betwe n the rows. Supplements irrigation may be nee d Wildlife is an important secondary use of this soil.
to i ure survival. Trees tha are best suited and ve Ring-necked pheasant, mourning dove, and many non-
goo survival are Rocky ountain juniper, a tern game species can be attracted by establishing areas for
re cedar, ponderosa pine, d Siberian elm. The rubs nesting and escape cover. For pheasants, undisturbed
st suited are skunkb h sumac, lilac, and iberian nesting cover is essential and should be included in plans
peashrub. for habitat development, especially in areas of intensive
Wildlife is an import nt secondary use of th. soil. The agriculture.
cropland areas provid favorable habitat for ing-necked Rapid expansion of Greeley and the surrounding area
pheasant and mourn. g dove. Many nonga species can has resulted in urbanization of much of this Otero soil.
be attracted by es bushing areas for nest' g and escape This soil has excellent potential for urban and recrea-
cover. For pheas ts, undisturbed nestin cover is essen- tional development. The only limiting feature is the
tial and should e included in plans for habitat develop- moderately rapid permeability in the substratum, which
ment, especiall in areas of intensive griculture. Range- causes a hazard of ground water contamination from
land wildlife, or example, the prong rn antelope, can b sewage -lagoons. Lawns, shrubs, and trees grow well.
attracted b developing livestoc watering faciliti s, Capability subclass IIs irrigated.
managing estock grazing, and re eding where need d. 51—Oter sandy loam, 1 to 3 percent lopes. This is a
Few a as of this soil are in major growth an ur- deep, well rained soil on plains at ele tions of 4,700 to
banized enters. The chief limi, ng feature is th rapid 5,250 fe . It formed in mixed o wash and eolian
perme ility in the substrata , whieh causes a h zard of deposits Included in mapping are sm 11 areas of soils that
grow water contamination rom seepage. Pot ntial for have 1 m and clay loam underlying aterial.
rec ation is poor because of the sandy su ace layer. Ty tally the surface layer is b own sandy loam about
C ability subclass IVe i gated, VIe noni ated; Deep 12 i ches thick. The underlying aterial to a depth of 60
nd range site. in es is pale brown calcareous me sandy loam.
---)1{510;—Otero sandy loam, 0 to 1 percent slopes. This is a ermeability is rapid. Av ilable water capacity is
deep, well drained soil on smooth plains at elevations of oderate. The effective ro ing depth is 60 inches
4,700 to 5,250 feet. It formed in mixed outwash and eolian more. Surface runoff is sl , and the erosion hazar is
deposits. Included in mapping are small areas of soils that low.
have loam and clay loam underlying material. This soil is used almo entirely for irrigated cro s. It
Typically the surface layer is brown sandy loam about is suited to all crops c monly grown in the are . Land
12 inches thick. The underlying material to a depth of 60 leveling, ditch lining and installing pipelines ay be
inches is pale brown calcareous fine sandy loam. needed for proper w er application.
Permeability is rapid. Available water capacity is All methods of ' igation are suitable, but urrow ir-
moderate. The effective rooting depth is 60 inches or rigation is the mot common. Barnyard man a and com-
more. Surface runoff is slow, and the erosion hazard is mercial fertilizer are needed for top yields.
low. In nonirrigat d areas this soil is suited t winter wheat,
This soil is used almost entirely for irrigated crops. It barley, and s ghum. Most of the acre a is planted to
is suited to all crops commonly grown in the area, includ- winter whe . The predicted average y eld is 28 bushels
ing corn, sugar beets, beans, alfalfa, small grain, potatoes, per acre. T e soil is summer fallowe in alternate years
and onions. An example of a suitable cropping system is 3 to allow oisture accumulation. Gen ally precipitaiton is
to 4 years of alfalfa followed by corn, corn for silage, too low r beneficial use of fertiliz .
sugar beets, small grain, or beans. Generally, such charac- Stub a mulch farming, striper° ping, and minimum til-
teristics as a high clay content or a rapidly permeable lage a needed to control wate erosion. Terracing al
substratum slightly restrict some crops. may a needed to control water erosion.
All methods of irrigation are suitable, but furrow ir- a potential native vege tion on this range si is
rigation is the most common. Proper irrigation water d inated by sand blueste , sand reedgrass, and blue
management is essential. Barnyard manure and commer- ama. Needleandthread, witchgrass, sideoats rama,
cial fertilizer are needed for top yields. and western wheatgrass are also prominent. P tential
Windbreaks and environmental plantings are generally production ranges from ,200 pounds per acre i favora-
suited to this soil. Soil blowing, the principal hazard in ble years to 1,800 you s in unfavorable years As range
establishing trees and shrubs, can be controlled by cul- condition deteriorates the sand bluestem, san reedgrass,
EXHIBIT "AA"
44 SOIL SURVEY
to allow moisture ccumulation. Generally p ecipitation is Permeability is rapid. Available water capacity is low.
too low to make eneficial use of fertilizer. The effective rooting depth is 60 inches or more. Surface
Stubble mule farming, striperopping, d minimum til- runoff is medium, and the erosion hazard is moderate.
lage are need to control soil blowing d water erosion. The potential native vegetation is dominated by little
Terracing als may be needed to contr water erosion. bluestem, sideoats grama, sand reedgrass, blue grama,
The pot tial native vegetation is dominated by hairy grama, switchgrass, and needleandthread. Potential
western w eatgrass and blue gram . Buffalograss is also production ranges from 700 pounds per acre in favorable
present. otential production ran es from 1,000 pounds years to 200 pounds in unfavorable years. As range condi-
per acr in favorable years to 6 pounds in unfavorable tion deteriorates, the tall and mid grasses decrease, blue
years. As range condition dete ' rates, a blue grama-buf- grama and hairy grama increase, and forage production
falo ass sod forms. Undesir le weeds and annuals i - drops.
vad the site as range eondit' n becomes poorer. Management of vegetation should be based on taking
anagement of vegetatio on this soil should be b sed half or less of the total annual production. Deferred graz-
taking half and leaving alf of the total annual p oduc- ing is practical in improving range condition. Seeding and
ion. Range pitting can r uce runoff. Seeding is d sirable mechanical treatment are impractical.
if the range is in poo condition. Western wh atgrass, Windbreaks and environmental plantings generally are
blue grama, sideoat grama, buffalograss, ubescent not suited to these soils. Onsite investigation is needed to
wheatgrass, and cres ed wheatgrass are suita e for seed- determine if plantings are feasible.
ing. The grass sele ed should meet the sea nal require- Wildlife populations are limited because the necessary
ments of livestoc . It can be seeded int a clean, firm habitat elements are lacking. Because most of the acreage
sorghum stubble or it can be drilled into firm prepared is rangeland, only rangeland wildlife, for example scaled
quail and antelope, are typical. Extreme care is needed in
seedbed. Seedi early in spring has pro en most success-
ful. managing livestock grazing in order to provide suitable
Windbrea and environmental pl tings of trees and habitat on these soils.
shrubs co only grown in the ax a are generally well Potential is poor for urban and recreational develop-
ment. The chief limiting soil features are the loose, coarse
suited t this soil. Cultivation o control competin
vegetati n should be continued for as many years textured soil, steep slopes, and rapid permeability. Capa-
possib following planting. Tre s that are best suited nd bility subclass VIIs irrigated, VIIs nonirrigated; Gravel
have ood survival are Rock Mountain juniper, e tern Breaks range site.
red dar 69—Valent and, 0 to 3 perce t slopes. This is a dee
ponderosa pine, Si Brian elm, Russian-oli e, and excessively ained soil on plai at elevations of 4,650 o
ha berry. The shrubs bes suited are skunkbus sumac, 5,100 feet. It formed in e 'an deposits. Include in
1'ac, Siberian peashrub, a d American plum. mapping a small areas of oils that have lime wit in a
Wildlife is an import t secondary use of tic soil. The depth of 0 inches.
cropland areas provid favorable habitat for 'ng-necked Typi lly the surface ayer is brown sand out 8
pheasant and mourni g dove. Many nonga species can inche thick. The under ying material to a de h of 60
be attracted by est fishing areas for nes ng and escape inch is brown sand.
cover. For pheasa ts, undisturbed nestin cover is essen- rmeability is r id. Available water apacity is
tial and should included in plans fo habitat develop- derate. The effe ive rooting depth is 0 inches or
ment, especial] in areas of intensive griculture. Range- ore. Surface run ff is slow, and the er ion hazard is
land wildlife, or example, the prong rn antelope, can be ow.
attracted b developing livestoc watering facilities, This soil is suited to limited cr ping. Intensive
managing l' estock grazing, and re eeding where needed. cropping is h rdous because of ero on. The cropping
This so' has poor potential fo urban and recreatio 1 system shoul be limited to such clos grown crops as al-
develop ent. Slow permeabilit and high shrink s ell falfa, wbea and barley. The soil ]so is suited to ir-
cause roblems in dwelling a road construction. pa- rigated pa ture. A suitable crop ng system is 3 to 4
bility subclass IIIe irrigate , IVe nonirrigated; ayey years of lfalfa followed by 2 y ars of corn and sma
Plai s range site. grain an alfalfa seeded with a rse crop.
68—Ustic Ton-iorthents, moderately steep. These are Clos y spaced contour ditch or sprinkers can be ed
deep, excessively drained soils on terrace breaks and in i ' ating close grown crop . Contour furrows or rin-
escarpments at elevations of 4,450 to 5,100 feet. They kler should be used for ne crops. Applications bar-
formed in gravelly alluvium and have slopes of 9 to 25 any rd manure and comme ial fertilizer help to aintain
percent. Included in mapping are small areas of soils that g od production.
have pockets of sandy loam and loam in the underlying The potential vege tion is dominated y sand
material. bluestem, sand reed ss, switchgrass, side is grama,
Typically the surface layer is pale brown gravelly sand needleandthread, littl bluestem, and blue ama. Poten-
about 10 inches thick. The underlying material to a depth tial production ran es from 2,500 pound per acre in
of 60 inches is pale brown gravelly sand. favorable years to ,800 pounds in unfav able years. As
r EXHIBIT "AA"
100 SOIL SURVEY
TABLE 6.--BUILDING SITE DEVELOPMENT
[Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See
text for definitions of "slight," "moderate," and "severe." Absence of an entry means soil was not
rated]
Soil name and Shallow ; Dwellings I Dwellings i Small Local roads
map symbol excavations : without : with commercial and streets
i basements i basements buildings
' I
,
:
1 , 2 Severe: :Moderate: :Moderate: Moderate: Moderate:
Altvan cutbanks cave. : shrink-swell. I shrink-swell. shrink-swell. shrink-swell,
frost action.
1 1
;
quolls Severe: Severe: Severe: Severe: Severe:
floods, floods, floods, floods, floods,
wetness. wetness. wetness. wetness. wetness,
frost action.
Aquents Severe: Severe: Severe: Severe: Severe:
floods, floods, floods, floods, floods,
wetness. wetness. wetness. wetness. wetness,
frost action.
4*: '
Aquolls Severe: :Severe: :Severe: Severe: :Severe:
floods, I floods, : floods, floods, : floods,
wetness. I wetness. wetness. wetness. wetness,
frost action.
$
Aquepts Severe: :Severe: Severe: Severe: Severe:
floods, : floods, floods, floods, floods,
wetness. I wetness. wetness. wetness. wetness,
' frost action.
5 Slight :Moderate: Moderate: Moderate: Moderate:
Ascalon I low strength. low strength. : low strength. frost
lw strength.
6, 7 :Slight :Moderate: Moderate: i Moderate: Moderate:
Ascalon I low strength. low strength. I slope, frost action,
' low strength. low strength.
i
8, 9 :Slight :Moderate: Moderate: Moderate: Moderate:
Ascalon i I low strength. , low strength. low strength. I frost action,
, , low strength.
1
——j t70 Severe: :Severe: i Severe: Severe: Severe:
tankard cutbanks cave, I floods. I floods. floods. floods.
n nrtt
11 , 12 Slight :Slight Slight Slight Moderate:
frost action.
Bresser
'
13 Severe: Moderate: Moderate: Severe: Moderate:
Cascajo cutbanks cave, slope. slope. slope. slope.
small stones.
14, 15 Slight Slight Slight Slight Moderate:
Colby low strength.
16, 17 Slight Slight Slight Moderate: Moderate:
Colby slope. low strength.
18*:
Colby Slight Slight Slight Moderate: Moderate:
slope. low strength.
Adena ,Slight Moderate: Moderate: Moderate: :Moderate:
low strength. low strength. low strength, I low strength.
slope.
See footnote at end of table.
EXHIBIT "M"
102 SOIL SURVEY
TABLE 6.--BUILDING SITE DEVELOPMENT--Continued
I I
I
Dwellin s ; Small Local roads
Soil name and Shallow I Dwellings ' with g i commercial and streets
map symbol excavations without basements : buildings
basements
$
44 Slight Slight Slight :Slight Moderateength.
Olney
I
•
Slight Slight Slight :Moderate: Moderate:
4O` I slope. low strength.
Olney
Slight Slight Slight Moderate:
4O, ey Slight low strength.
Olney
Slight Moderate: Moderate:
4 Slight Slight slope. low strength.
Olney Slight.
49 Severe: Slight Slight Slight
Osgood cutbanks cave.
r — Slight Slight Slight Slight.
50. 51 Slight
Otero
Slight Slight Slight Moderate: Slight.
52, 53 slope.
Otero
Severe: Severe: Moderate:
54 Slight Severe: floods. floods. low strength,
Paoli floods. frost action.
Slight Slight Slight, Slight Moderate:
55 Slig low strength,
Paoli frost action.
' Severe:
56 Moderate: Moderate: Moderate: 'Moderate:
Renohill depth to rock, low strength, low strength, : low strength, low nk-swell,
too clayey. shrink-swell. sr - k, shrink-swell. shrink-swell.
hinkswell
57 Moderate: Moderate: Moderate: Moderate: Severe:
Renohill depth ab rock, low strength, low strength, slope,
i low strength,
too clayey. shrink-swell. r - - 1 shrink-swell.
shinkswell, shrinkswel
5 , 59 Severe: Severe:
Severe: Severe: Severe:
Sh
ingle depth to rock. depth to rock. depth to rock. depth to rock. depth to rock.
60*: Severe:
Shingle Severe:
Severe: Severe: Severe:
depth to rock. depth to rock. depth to rock. depth to rock. depth to rock.
Moderate: Moderate: Moderate: Severe:
Renohill Moderate: low strength,
depth to rock, low strength, low strength, slope,
too clayey. shrink-swell. r - - shrink-swell.
shinkswell, shrinkswell.
Severe: Moderate:
61 Moderate: Moderate: Moderate: P de th to rock.
Tassel depth to rock. depth to rock. depth to rock. slope.
62 Severe:
Moderate: Severe: Moderate: Moderate:
Terry depth to rock. depth to rock. depth to rock. depth to rock. depth to rock.
63 Severe: Moderate:
Severe: Moderate: Moderate:
Terry depth to rock. depth to rock. depth to rock. depth ope to rock, depth to rock.
M derate: Moderate: Moderate:
64 Moderate: Moderate: d,
Thedalund depth to rock. low strength. depth to rock. low strength. low strength.
65 Moderate: Moderate:
Moderate: Moderate: Moderate:
Thedalund depth to rock. low strength. depth to rock. low strength, low strength.
slope.
See footnote at end of table.
<' EXHIBIT "AA"
WELD COUNTY, COLORADO, SOUTHERN PART 103
TABLE 6.--BUILDING SITE DEVELOPMENT--Continued
Soil name and I Shallow Dwellings ' Dwellings Small Local roads
map symbol excavations without : with commercial and streets
basements basements buildings
'
:
66, 67 Moderate: Severe: S. :Severe: Severe: - Severe:
Ulm too clayey. shrink-swell. I shrink-swell. i shrink-swell. low strength,
- shrink-swell.
68* :Severe: Moderate: :Moderate: Moderate: Moderate:
stic I small stones, slope. I slope. ; slope. slope.
Torriorthents I cutbanks cave. :
1 i
69 Severe: Slight Slight Slight Slight.
Valent cutbanks cave.
70 Severe: Slight Slight Moderate: Slight.
Valent cutbanks cave. slope.
71*:
Valent Severe: Slight Slight Moderate: Slight.
cutbanks cave. slope.
Loup Severe: Severe: Severe: Severe: Severe:
wetness, wetness, wetness, wetness, wetness.
cutbanks cave. floods. floods. floods.
72 'Slight Slight Slight Slight Moderate:
Vona low strength.
:
73, 74 :Slight Slight Slight Moderate: Moderate:
Vona : slope. low strength.
i
75, 76 :Slight Slight Slight Slight Moderate:
Vona : low strength.
•
77 :Slight Slight Slight Moderate: Moderate:
Vona : slope. low strength.
78, 79 Slight Moderate: Moderate: Moderate: Moderate:
Weld low strength, low strength, low strength, low strength,
shrink-swell. shrink-swell. shrink-swell. shrink-swell,
frost action.
•
80 Slight Moderate: Moderate: Moderate: Moderate:
Weld low strength, low strength, low strength, ' low strength,
shrink-swell. shrink-swell, slope, shrink-swell,
shrink-swell. frost action.
81*, 82*:
Wiley Slight---- Moderate: Moderate: Moderate: Moderate:
low strength, low strength, low strength, low strength,
shrink-swell. shrink-swell, shrink-swell. shrink-swell.
Colby Slight Slight Slight Slight Moderate:
low strength.
83*:
Wiley Slight Moderate: Moderate: Moderate: Moderate:
low strength, low strength, low strength, low strength,
shrink-swell. shrink-swell. slope, shrink-swell.
shrink-swell.
Colby Slight Slight Slight Moderate: Moderate:
slope. low strength.
* See map unit description for the composition and behavior of the map unit.
s—__
American Land Title Association Commitment-Meddle 73 i i Eli,
EXHIBIT
A t4tt nF aaka� ? . ,ate-$m '4. ,t,_ "t
%Y. COMMITMENT FOR TITLE INSURANCE I •!}
lr ISSUED BY
}
S
STEWART TITLE F ."
it
3 GUARANTY COMPANY Ii$
.I �t�m,
Pf
t. (Iw yip}
I ' ' GIs >I{
I
3Q1 el
°I�� t
STEWART TITLE GUARANTY COMP`'Y A Texas • •e ation, herein called the Company, for , °.
l, ;
valuable consideration, hereby commits to issue its policy or po icies of title insurance, as identified in
Schedule A, in favor of the proposed Insured*named in Schedule A,as owner or mortgagee of the estate
a ,, or interest covered hereby in the land •, ,,10'!•,•444::`, e• o in• 'chedule A, upon payment of the ,r a.
premiums and charges therefor allsubfe 4 • 'Le� the les A and B and to the Conditions '('
•
and Stipulations hereof. V..,• 4
This Commitment shall be effective onlywY�w, •entity of t `e proposed Insured and the amount
of the policy or policies committed for hav• ` trd,irit Schedule A hereof by the Company,
i-,: either at the time of the issuance of this Comm` itment or by subsequent endorsement.
This Commitment is preliminaryao e ssuance of such pollicy or policies of title insurance and all
liability and obligations hereunder's I. ea,`seand terminate six,months after the effective date hereof
or when the policy or policies corn t , or shall issuee`,whichever first occurs, provided that the
failure to issue such policy or policie i°`1 q ,' e atilt a�h�e Company. This Commitment shall not be
valid or binding until countersigned by' -1'aut orize officer or agent.
IN WITNESS WHEREOF, the Compan 7 h s caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By-Laws.This Commitment is effective as of the date shown in Schedule A as"Effective Date."
P .ST ' "TITLE
M"lA GUARANTY COMPANY
�1 Chairman of the Boar `"y3,": cOa R4To9i-f President `ip,,
f � Y x 19 0 8 i•&c \/�a 7 t j� G F
IV4 -y a• fw Ad CIA\Ott -Stump/ ✓LLLe 0/ t_�re:t 4e5; 1,Vgy it,
¢sa ' i ire' • 916 lah Sind r
N;,dS 'cant HO ,7 Canuoa - iI '
• v),
�,�f
a; ii
V I, a yf
J b
�tliaa
it
,6 IIntlpn dGI�'.c
Vb Ill la GI
Inj
r,, tee re� Serial No. C"1601- 27Q2L b = st'
165 25M 2-84
EXHIBIT "EE"
•
SCHEDULE A
Order Number: 35778 Commitment Number: N/A
•
1. Effective date: December 17, 1984 at 7:45 A.M.
2. Policy or Policies to be issued; Amount of Insurance
A. ALTA Owner's Policy $
Proposed Insured:
EDWARD C. LOLOFF AND DONALD E. LOLOFF 192,500.00
B. ALTA Loan Policy $
Proposed Insured:
C. $
3. The estate or Interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof
vested in:
FRANK E. MOORE AND FRANK E. MOORE, JR., an undivided n -third (1/3) interest;
WILLIAM R. KOEHLER AND JAMES R. KOEHLER, an undivided -third (1/3) interest;
and HELMUT BRUNNER AND ROBERT J. BRUNNER, an undivided o -third (1/3) interest
4. The land referred to in this commitment is described as follows:
The Southeast Quarter of the rthwest Quart (SE1/4 NW1/4) and the South Half
of the Northeast Quarter of Northwest Qua er (S1/2 NE1/4 NW1/4) of Section
Four (4), Township Five (5) N t , Range Sixty-five (65) West of the 6th P.M.,
County of Weld, State of Color o
Regular Rate
Owner's $530.00
ins
NOTE: Please reference any questions you may have on this file to Order No.
35778.
Ade fra' L ' �` STEWART TITLE
rued Coun rslgnalure Page 2
GUARANTY COMPANY
1652(20M 9/54)
EXHIBIT "GEE"
SCHEDULE B — Section 1
Order Number: 35778 Commitment Number:N/A
Requirements
The following are the requirements to be complied with:.
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to wit:
1. Warranty Deed from Frank E. Moore and Frank E. Moore, Jr., an undivided one-third
(1/3) interest; William R. Koehler and James R. Koehler, an undivided one-third
(1/3) interest and Helmut Brunner and Robert J. Brunner, an undivided one-third
(1/3) interest vesting fee simple title in purchasers.
2. Payment of all taxes and assessments now due and payable.
3. Execution ,of lien affidavit and return to this office.
' r.
STEWART TITLE
EXHIBIT "EE"
SCHEDULE B-Section 2
Exceptions
Order Number: 35778 Commitment Number: N/A
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction
of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements,or claims of easements,not shown by the public records.
3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not
shown by the public records.
5. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
i. Taxes for the year 1984 and subsequent years, not yet due and payable.
7. Right of Way granted by A. B. Owen, as heir to he E tate of Florence B. Owen,
deceased to Home Light and Power Company, by i ns ' m nt recorded May 2, 1955 in .
Book 1417 at page 541, granting unto se' • •mpany, s successors and assigns,
the right, privilege and authority to .onst Ct, ope to and maintain its
electric transmission, distriiut.' n and s- ice lines, whether said lines now
or may hereafter serve the ropert here described or other property, with
all poles, cross arms, cabl s, wires guy: , supports, fixtures and devices,
used or useful i iii, opera ion of id line, through and along a course as
said line may _ hereafter stru ed in, through, over or across: The N 1/4
of Section 4, ownship 5 North, r.anrle 65 West, of the 6th P.M., in the County
of Weld, State of Colorado, the approximate center line of which right of way
is more particu rly_Oescrihed as follows: Beginning at a point 1 foot East of ..
the Northwest Corner of the S1/2 of the NE1/4 of said UW1/4; thence South, e.
parallel to the West boundary of said NW1/4, to a point 1 foot East of the
Southwest Corner of the SE1/4 of said NW1/4 as platted in Union Colony
Subdivision in 1871 .
8. Oil and gas lease dated August 22, 1984, executed by Frank E. Moore and Frank
E. Moore, Jr., William R. Koehler and James R. Koehler, Helmut Brunner and
Robert J. Brunner, as lessor, and R A Resources, Inc. , as lessee, recorded
September 6, 1984, in Book 1042, under Reception No. 1980409, for a primary
term of One (1 ) year and as long thereafter as oil, nas, other hydrocarbons or
other minerals is produced from said land hereunder, or drilling or rework in,o
operations are conducted thereon. NOTE: The present ownership of said
leasehold and other matters affecting the i nt rest--of the- 1 es-seA--are. not-. shown
in this policy.
9. A peed of Trust from Frank E. Moore and Frank E. Moore, Jr. ; William R. Koehler
and James R. Koehler; and Helmut Brunner and Robert J. Brunner to the Public
Trustee of the County of Weld for the use of Mary E. Mertens and Corahelle
Ooetzel to secure the principal sum of ¢50.410.00 and any other amounts payable
under the terms thereof, dated June P, 1979 and recorded June 11, 1979 in Book
871 under Reception No. 179327?. and re-recorded October 11 , 197? in Rook R84
under Reception No. 1806095, Weld County Records.
Exceptions numbered are hereby omitted.
Page 4 STEWART TITLE
1654(20M1-64) GUARANTY COMPANY
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property Ed Loloff Const. . Inc. Rezoning
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.
NELSON ENGINEERS
By: om Caldwell , C.E.
The foregoing instrument was subscribed and sworn to before me this
17th day May , 19 85' by Tom Caldwell , C.E. for Nelson
Engineers
WITNESS my hand and official seal .
My Commission expires : April 13, 1989
4727/0-/aWA-)
Not y Public Greelth/ National Plaza
822. Seventh Street, Suite 520
Greeley, Colorado 80631
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND 'LIP CODE IDENTIFICATION It
Davis Farms . Inc. P.0, Box 836. Greeley. Co 80632 096104 OQ0D10-o01 -000
Howard, W.S. (70%) 1000 South Geneva St.
Ashen. George T. (300) Denvgra Coi. +80222 096104 000011-001-000
Ruland, Marge T. P. 0. Box 1803
Redmann, Helen T. Greeley, Co. 80632 096104301002-001-000
Kohlhoff, Karl 701 Balsam Avenue
Kohlhoff,:,Renate E. Greeley, Co. 80631 096104.301027-001-000
Taylor, James A. 665 North Balsom Avenue
Taylor, Diana Greeley, CO_ 80631 096104301009-001 -0QQ_
P. 0. Box 488
Noffsinger, Robert W. Greeley, Co. 80632 096104 200010-001-000
HARRELL, Eldon L. Rt. 1 , Box 4-E
HARRELL. Patricia J. Greeley, Co. 80631 Q96104200002-001-000
McElroy, Katharine S. P. 0. Box 609
etal , Greeley. CO. 80632 _096104 200001 -001-000
Carlson, John C. 203 North 40th Avenue
Carlson. Charlotte A. Greeley, Colorado 80631 096104=200011-001-000
Moore, Frank E. 922 11th St. , Greeley, Co. 80631
Moore, Frank E. ,Jr. (1/3 int. , etal ) 096104200013-001-000
P. 0. Box 1608
Francis„Robert D. Greeley, CO. 80632 _ 096104-301011-001-000
Append _Note: Frank Moore, etal . , are previous owners of Loloff parcel .
NOTF• Updated list on May 16, 1985. _at Weld County Assessor's Office to stay
within 30 day time limit for rezoning application.
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
•
Application No.
Subject Property Ed Loloff Const. . Inc. Rezoning,
STATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lessees of mineral owners on or under
the parcel of land which is the subject of the application as their names
appear upon the records in the Weld County Clerk and Recorder's Office, or
from an ownership update from a title or abstract company or an attorney.
NELSON ENGINEERS
By: Tom Caldwell , C.E.
The foregoing instrument was subscribed and sworn to before me
this 17th day of May , 1985 By Tom Caldwell , C.E. for
Nelson Engineers
WITNESS my hand and official seal .
My Commission expires : April 13, 1989
Nutary ublic Greele. National Plaza
822. Seventh Street, Suite 520
Greeley, Colorado 80631
NAMES OF HOLDERS OF MINERAL INTEREST
1. R A Resources, Inc. (1 year oil and gas lease)
1101 29th Street Road
Greeley, Colorado 80631
(303 ) 353-6066
2 . Ed Loloff Const. , Inc. (all other mineral rights )
145 Third
Kersey, Colorado 80644
Source: Stewart Title Company
MINED LAND WILDLIFE QUESTIONAIRE
for limited impact and select regular mine applications
1. Name of Company/Mine: Ed Loloff Const. . Inc.
2. Name/Address/Phone of Contact Person: Tom Caldwell . Nelson Engineers, Greeley National
Plaza, 822 Seventh Street, Suite 520, Greeley, Colorado 80631 , 356-6362
3. Location of Mine: See Exhibit A — Plan Sheet 1
(County, Township, Range, Section to nearest quarter quarter; Exhibit A—NLR appl.)
4. Nearest Town/General Location: 1 .5 miles east of Greeley
5. Land Ownership (Circle) 1. (Private 2. BLM 3. USFS 4. Other
6. Prese.iz Laud Use: Vacant - unused
7. Proposed Final Land Use: Sand/gravel open pit mine
8. Type of Operation: 1. (surface) 2. Underground
9. Minerals being mined: Sand
10. Number and Description of Surface Acres Disturbed by Mining/not including roads
(Exhibit D-MLR) : 55 — Acres
11. Miles of roads to be constructed: Approximately 200' within property
12. Life of Mine (years) : Approximately 44 years
13. Description of Operation and Reclamation -- Additional sheets may be attached
(Exhibits B & E-MLR)
See attachments
14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit
C.) This will expedite processing. Your cooperation is appreciated.
��;' � 4.--6/244.--6.15, Prepared by:i l 1 I / Date:
TDi7 '9 LPh2E Lt D F 2
MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised)
i
for limited impact and select regular mine applications
The following information pertaining to wildlife is provided for use by Mined Land
Reclamation Board in their consideration of a mining permit for:
Ed Loloff Construction, Inc. Sand & Gravel - SE'NW', SkNEIT.NW1/4, Sec. 4 T5N, R65W, Weld County
Name/Type and Location of Mine (Legal)
Wildlife Species list:
Deer, pheasant, dove, coyote, fox, skunk, opossum, raptors, weasel, rabbits
(2 species) numerous small rodents and seasonal songbirds.
Endangered/critical species/impacted:
No known threatened or endangered species.
Critical habitats/vegetative communities impacted:
N/A
Assessment of impact:
Minor - Cultivated farmland
Mine Reclamation recommendations (include key species/habitats for which restoration
is designed) .
This will apparently be developed as an aquatic ecosystem, however, no mention
is made as to plant material to be used. Perhaps 30 or 40 years presents some
uncertainties, but plans should include reseeding the dry sites to native
grasses, shrubs and trees.
I
Prepared By: Don Bogart v Date: 5/31/85
Submitted By: Date:
This statement is void if not processed within 1 year.
This analysis does not constitute approval of application.
Page 2 of 2
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