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Home My WebLink About890307.tiff V)//61 RCM Re SHEET 1 OF 3 ,C .. c-:.' - - — -- ----i— si 7--'_:. . lt,..5-1,r.,, ,- .. _, u\,,.. t '` �j iii,—t— In",° ";:;,:=i:r:: .;� c�'::;;.:: c`,a.`.::. u: ' lq ) ' 4�0"�aRc d"�ANDa CON A�N9••320'i.G¢E9OM0¢! ''..4,-<r'-'.— . « . ... , n lll 04 X196 �_ b I •P.i P.ERMkYT\ f pr i t•t F?• a ?,,A;,� -_ J •v.. Ifs' ' TBN I ._.�i- ,� x ., .'TSN r" VICINITY MAP a-- , .ao. SOILS MAP ^°^ "' �.xoowxawa w,..,x aoo r..or rawrn"wll uu •n --- —SOILS DESCRIPTIONS ••••-, e., fMUIIJ"",�i9Lp" "'n'. ,w a..,,u.. w+.onx ..,_ •,.... - - .--_ - _ -- _ _ ."m0.“..,,,,-•mnIssEcr,a cm..rI E emu®, u'n "::741-7.7',1•7:17-7::::=:7"747..= -- ----7"= -..——_-,.....--7":= _ .,.we...u..,e.e n.....en .*.Cc.. .....n,v.....«.<.... _ _ - - -_ ..o ~s ry ,'3a^+�".��_�^l:.`ml F w n x..... ...-.tee..'...u�.�........r _-- -_ -- _ _ -� .- -��,-'`o- 1.! N .m' "...mw, .. . . _..._.. -.w. .. F._w.�.. -_m --- -___ MINING m"'_ "'� R'- -""� `--_-- USE BY SPECIAL REVIEW =° a :«�- ��'� '�:'u m„m USR — 875 PERMIT PLANS ""' HER BST PIT «• ...._« z=., -- �A WELD COUNTY, COLORADO ' TUµTLTLEIALP.LEGATE RINDAHL•INC _ « .,:7— ..,:.=._. •,n'.._n. — _ w. o,cs„ HALL—IRWIN ^'•^ ,n.i„"n "muse CONSTRUCTION COMPANY n ,.,<.....,' . . '.. ...-..,_«._ GREELEY, COLORADO n 0 0 O (),) S O (,3 J \ �, ) SHEET 2 OF Cf". c airs �J, 3 LA—POI/ORE' r} \s' \ ' t --- z z MINING PHASE 2 Via___--__ _ La j ''' , , : E><IsTING d,, / t,f I ��.. r�l,�— �m .I I PERMIIti�kr1-86-051 / I 8 __ TiIIJINGI,,/p.........4,.. / /f 5'Te, j/ MINING PHASE °� tWarep I I} RIA9G 1// / wTEa uN 2 LKsW//{w, DEPTH MiNiNR:L1S' Oa• �/ a / rFrw f ..],�L W rNAaQ e I I//: \ '1 ‘`I'' •I,, MINING PH ` rRocessiNO:74) f , III a i ASE`.�i r.. r�-+. rt 1/�f MINI�AtG•,PHASE 4 Y IF i1I DEFIN OF n:N,N6'E15' ,� / U De. R`1,W>I�..::19 I I' IQ-r K.i �, �sT«kP�les n:uw6 aNAsa e • j j eggs\ • ^ g Is"' •/�I111��, h aq• /fir \ I W —•�11 I 1 \ Ia ````- :\�WSO PROCESSiN6 5:TE sec ea I . WING PHASE 10 .�' 1 'N r _ • -`\' ` MINING E f} )1 , it DEPM rh.i. :.,,' /!/ �•P/;,•�-----J cePn1 of M N,L'�G.••K , N.sAGi � " r:Ld3 AL.ON6 s\ . srree3aN6 �% ea JONES O:xN HILL ec l _ _I{,r ',Oases 4>, gp o,.,v.......u...a i. EePT�M:N:MUM Ds nFT. \`, -,-- ,e�,o -= MINING PHASE Co I ....EE Iwo* Non. ,,.. FROM NE EDGENOP NE I / D w ssrE .,nos ,L'sceiruss: • JDNM JiLCN PRNENT A \ I ..uSm r�`�'�-_-- I DEPTK MiNiN6:as. eD�L SPI LAGS inTO ATLN -al i1 _ u�\ �qN�Lu ,y� 3S6 W vaoclaa:NG s�rEi , - • _`_ ccna- 'tea• iaA. - rR^DUGTION rpp L,T:l3 sllO----- 1!,i _ ,..... TOTAL AREA-22B AC. ❑ > _ - - -�_-- ---�- .,---- r.r T_E _. - _ --=- --- (WELD 00.71.7,ROM? • FARM wnoiFoo \� �' MINING USE BY SPECIAL REVIEW LEGEND PERMIT PLAN (---- PRIETO.OfA`M: Pre-Mining / }IFRBST PIT 7.1707 07 USR - 875 WELD COUNTY, COLORADO HALL-IRWIN L �"L wooD,.EDE,.,FOP'E D LOCATE POMP E.D....". Ailining Plan /�' LD..D„> CONSTRUCTION COMPANY GREELEY, COLORADO -T-E- ,ELErroEE E ELECTRIC LOWS MI-- co ' "' 0 (.)>) (N \ .. -gm I )_. --:' '\.‹.'-.,.c)).., '' I. _.- . . c SHEET 3 OF 3 r L \� LA POUDRE o R/ ER-. ,,____ (.:_i:::,,,,.\ _. u l. . ,\ ...,‘,. rAN:z...._----..---7--->--..----.... 5., _---_,._ . -- _, ' ---_Tr I 400M FILL ' I AO OAFF{UARO 4CSAiNST J• \\L \ < Rives ERO ZI ON t i/xl. "r • !,. Ic -. ' ..- '. . Z.,2.,.. l` ` ; Po ND �; , ' /` -/� ADpT1ON4L FILL , Z 4s SAFEGUARDiliL. POND o r..,i___,_:_____________>,... .• AGA,rJ9T 3i./ER�R01M w Im i POND ... . 1'1, = 4 ,i / I: POND r .bo LL.;—"j_•_ o _\``� '.. PA'TIl R E. 1 no JfwR Ha50,5,N_,Y.�T ° ♦``.. �__ --_ ARM o'AGCR60 WAR '� // a-y �oR <GA9 ...'"'''',,.'..-",":'--',„7.2::777,4-5.-1'. ..7.,..... `\'fi r \<,.',..,,,,X _ d ry'_= FROoLsCTON ACI[IT E. I ' i .) " R e. T\ z -t-_-s.°�irr 9.P! MINING USE BY SPECIAL REVIEW PERMIT PLAN LEGEND HER BST PIT ExIIIIIWO C01110144 ,900.0,[°.T[L.i.,°I°°.r° Reclamation USR - 875 WELD COUNTY, COLORADO PHALL-IRWIN - _ w..[w„[[,.w[..[.[o°[„[0.0.0.0„°[0.00.0.,,,°, Ian t '°�� CONSTRUCTION COMPANY -'• "Rn[Ti"4, "'`°"r°""""""°°""° GREELEY, COLORADO --��9 -wpt;�r°�a.OOD..[w[,.,a. N �.° NORTH r—(— rELElwox[[E[[cTwic 4w[[ dim''''!9 ... .rv,,.." inlww'."' 1_ O _ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN SIT MINING AND MATERIALS PROCESSING FACILITY - HALL-IRWIN CONSTRUCTION COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of April, 1989 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Hall-Irwin Construction Company (Herbst Pit) , P.O. Box 649 , Greeley, Colorado 80632 , for a Site Specific Development Plan and Special Review Permit for an open-pit mining and materials processing facility on the following described real estate, to-wit: Part of the NWI , part of the NEi , and part of the SWI , all in Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented by Gary Tuttle, of Tuttle Applegate Rindahl, Inc. , and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 , 44 . 1 , 44 .2 , and 44 . 3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of -County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. This proposal is consistent with the Weld County Comprehensive Plan ' s Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies , and the Transportation Goals and J ?` it go %/= i ' !U ' 890307 Page 2 RE: SPECIAL REVIEW PERMIT - HALL-IRWIN CONSTRUCTION COMPANY Policies. The conditions of approval and Development Standards -will assure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. b. The proposal is consistent -with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposal will be compatible with the existing surrounding land uses, which include oil and gas production, pasture, and farm production. d. The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by Weld County and City of Greeley' s Comprehensive Plans. The City of Greeley Planning Commission has reviewed this case and found no conflicts with their interest. e. Part of the Special Review Permit site is located in the 100 year floodplain. Special Review Permit Development Standards and Conditions of approval address the overlay district requirements. No other overlay district affects the site . f. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an open-pit mining and materials processing facility on the hereinabove described parcel of land be , and hereby is, granted subject to the following conditions : 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is -ready to be recorded in the office of the Weld County Clerk and Recorder. 890307 Page 3 RE: SPECIAL REVIEW PERMIT - HALL-IRWIN CONSTRUCTION COMPANY 3 . Prior to the Special Review activity occurring on the site: a. An Emissions Permit shall be obtained or amended from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source -emissions. b. An NPDES permit shall be obtained or amended from the Water Quality Control Division of the Colorado Department of Health. c. The applicant shall submit evidence that the Use by Special Review will not cause injury to vested or conditional water rights as set forth in Section 44 .4 . 11 of the Weld County Zoning Ordinance. d. The owner/applicant shall provide an adequate water supply for consumption and sewage disposal for the proposed site that is in accordance with the Weld County Health Department' s regulations . e. Individual sewage disposal systems , Dr vaults, required for the proposed facility by the Weld County Health Department shall be installed. The sewage disposal system shall be installed according to the Weld County Health Department Individual Sewage Disposal Regulations. 4 . USR-731 : 86 : 13 being vacated and replaced by USR-875 . 5 . Prior to recording the Special Review Permit plat, the plat shall be amended to show the following: a. Proposed location for oil and gas production facilities and their access roads . b. The scale house, office/shop and any other existing or proposed structures. -6 . Prior to hauling any materials on Weld County roads, an off-site road improvements agreement shall be approved by the Board of County Commissioners . The agreement shall mitigate impacts generated on County roads by the operation. 890307 Page 4 RE: SPECIAL REVIEW PERMIT - HALL-IRWIN CONSTRUCTION COMPANY 7 . The following note shall be placed on the Special Review Permit plat: NOTE: The Mined land -Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation. -However, Weld County has jurisdiction of those matters outlined in the Development Standards . The above and foregoing Resolution was, on motion fiuly made and seconded, adopted by the following vote on the 5th day of April , A.D. , 1989 . �� BOARD OF COUNTY COMMISSIONERS ATTEST: / �V�!}y GinclL°� WELD COUNTY, COLORADO Weld County 4erk and Recorder //� and Clerk to the Board C.<1 Kirby, airman N h, 7etflount 07y144 �� ac 1 e �7oh son, Pro-Tem y lekAD AS TO FORM: Gene . Brantner L.-- "PLe--*--r /1-1=----- a.George Kennedy �Gl County Attorney EXCUSED Gordon E. Lacy 890307 DEVELOPMENT STANDARDS Hall-Irwin Construction Company (Herbst Pit) USR-875 1 . The Site Specific Development Plan and Special Review Permit is for an open-pit gravel mine and materials processing facility as submitted in the application materials on file in the -Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S . , as amended . 3 . The open-pit gravel operation shall comply with Section 44 .11 of the Weld County Zoning Ordinance: Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44 . 6 of the Weld County Zoning Ordinance: Cancellation of Permit. 4 . All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5 . The Special Review _Permit site shall be maintained in compliance with the required Emissions Permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors . 6 . No permanent disposal of wastes shall be permitted at this site. 7 . The septic system for the proposed office is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations . B . An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits. 9 . All waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 890307 Page 2 DEVELOPMENT STANDARDS - -HAIL-IRWIN CONSTRUCTION COMPANY 10 . Fugitive dust must be confined on this site and on any access roads serving the facility in compliance with the approved Emissions Permit. 11 . The Special iReviow Permit site shall be maintained in compliance with the approved NPDES Permit at all times. 12 . The maximum permissible noise level shall not exceed the industrial limit of 70 dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 13 . Restrooms and/or -vaulted toilets shall be provided on site for employees and patrons. Portable toilets are not acceptable under the Weld County Regulations. 14 . Prior to excavation in Phase #-4 , the Shark' s Tooth Water Pipeline shall be relocated. The relocation shall be in compliance with the December 8 , 1988 , agreement between Hall-Irwin Construction Company and the Shark ' s Tooth Pipeline Company. 15. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements . 16 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 18 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 19 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld _County Zoning Ordinance. 20 . Personnel from the Weld County health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 21 . The Special Review Permit area shall he limited to the plans -shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall 890307 Page 3 DEVELOPMENT STANDARDS - -HALL-IRWIN CONSTRUCTION COMPANY require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890307 NEARING CERTIFICATION DOCKET NO. 89-14 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN-PIT MINING AND MATERIALS PROCESSING FACILITY - HALL-IRWIN CONSTRUCTION COMPANY A public hearing was conducted on April 5, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Excused Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: 1 hereby certify that pursuant to a notice dated March 13, 1989, and duly published March 22, 1989, in the Platteville Herald, a public hearing was conducted to consider the application of Hall-Irwin Construction Company for a Site Specific Development Plan and Special Review Permit for open—pit mining and -materials processing facility. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Mr. Schuett said the Planning staff recommends changes to Condition #3. He read the proposed changes into the record and explained why the staff recommends said changes. Gary Tuttle, of Tuttle Applegate Rindahl, Inc. , came forward to represent the applicant. No public testimony was offered concerning this request. Mr. Schuett said that a Road Improvements Agreement concerning this operation will soon be presented to the Board. Commissioner Johnson moved to approve this request for a Site Specific Development Plan and Special Review Permit, subject to the amended Conditions and Development Standards. Seconded by Commissioner Brantner, the motioncarried unanimously. This Certification was approved on the 10th day of April, 1989. APPROVED: { BOARD OF COUNTY COMMISSIONERS ATTEST: ?ctthd�{�f WELD COUNTY, COLORADO Weld County Jerk and Recorder i vet and Clerk to the BoarC.W. Kirby, Chairman eputy County Cle a u 1 John pm, Pro-Tem ene R. Brantner George Kennedy EXCUSED Gordon E. Lacy TAPE #89-13 DOCKET #89-14 PLOO43 ,, , _2-, ��'r 9� .� fa - 890307 ATTENDANCE _RECORD PLEASE write or print legibly your name , address and the -name of the applicant or Docket # for th-e hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: APRIL -5, 198-9 DOCKET # 89-12L TAVERN LIQUOR LICENSE - LUCKY STAR CORPORATION, dba LUCKY STAR BAR & GRILL DOCKET # 89-13 USR-OPEN-PIT MININD £ MATERIALS PROCESSING FACILITY - HALL IRWIN CONSTRUCTION COMPANY DOCKET # tiAME 4rf AT?DRESS HEAPING ATTENDING it- lrl -3 lA &J9 P!'ry flit fithii de a c7_/7 - t-60:7? K•1'/5"0t ) / MSl`-47--L: aft *'.-15:7-/,2 Q w s -/- /. ` - 590307 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on April 5, 1989, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan _creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Hall-Irwin Construction Company (Herbst Pit) P.O. Box 649 Greeley, Colorado 80632 LEGAL DESCRIPTION: Part of the NWt , part of the NEi , and part of the SWi, all in Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Open-pit mining and materials processing facility SIZE OF PARCEL: 228 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: April 12, 1989, in the Platteville Herald 890307 Affidavitidavit-o f Publication STATE OF COLORADO . County of Weld ss. 1-A.Winkler Rtesel of said County of Weld being duly sworn,say that I am publisher of PLATTEVILLT HERALD that. the same is a weekly newspaper of general circulation was printed and published in the town of PLATTEVILLE in said county and state-that the notice of advertsement,of which MSC NOTICE the annexed is a true copy has been published in said weekly - newspaper for The Beard M Caanty Ce niddia wn of Weld County. Colorado, on April 5, / —- consecutive weeks: 1989, conditionally approved a She that the notice waspublished in the regular and entire issue of r Spaculc Development Plan and a gu every Spacial Review Parma tarelo .property number of said newspaper during the period and-time of publication and purpose daaanbed Glow. Condi- of said notice and in the newspaper proper and not In a supplement bend approval al NS Nan enMea a thereof:that the first publication of said notice was contained in the rsMad SIPS tWW Mweuard 1p:MF de MI M TR.I76,C.R.S..ea aMesdad, issue of said newspaper bearing the dateof ear a Sad M Wee years. Z A� A.D..19 / and-the last publication th (,in the issue of said newspaper.bearing date. APPLICANT: IMlrwin CenebueSn SSW the �2---day of Colorado 0632.:0. Be.Qa4. LEGAL. Skin 9 Part ai the ,24.......1J I9a that the said NW/,part Mlhe NEV.,and part of Ma NWY, all In 65 Warr 91.the 6tMb 6 North.Range N West M 1M 6th P.M.. PLATTEVILLE HERALD Wald County.Colorado' has beenpublished continuously and uninterruptedly during the USE:SE AND INTENSITY'OF and APPROVED -period of a east fifty-two conseutive weeks next prior to the first roceah minlnE materials e. issue thereof containing said notice or advertisement above referred SIZE OF PARCEL:228 urns,more or to: and that said newspaper was at the time of each of the en -publications of said notice duly qualified for that purpose within the -meaning of an act entitled, "An Act Concerning Legal Notices. Valium to abide by the terms and condi- Advertisements and Publications and the Fees of Printers .• tions M approval will result in a Publishers thereof, and to Repeal all Acts and Parts of - - in forfeiture M the vested property Halt Con list with the visions of this Act" BOARD OF � ..a y,. {*1 1• and all amendmen ereof. and peril Ti t" ended ., an act COUNTY COMMISSIONERS app .� . and an '* '. 13. ."r I. WELD COUNTY,COLORADO BYu MARY ANN FRECOR EIR ,Q rC11L�%% COUNTY:CLERK NN FEUER$ EIN Publisher AND CLERK TO THE BOARD ST:Sy DNS 3 cribed nd sworn to brykf9re me this f ' A.D. 19 l'i ay o Published N Me Prtwaltie%nit April 12.1989. • Notary Public 415 NVE AVENUE FT. LUPTON, CO 80621 My commission expires June 1992 My Cc i:i'1LL.J:' ^j. :rf,.•:.., ^0,1492 590307 NOS ICE 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 Site Specific Development -Plan -and Special Review Permit are requested to attend and may be -heard. Should the applicant or any interested party desire the presence of a court reporter to 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. 89-14 Hall-Irwin Construction Company (Herbst Pit) P.D. Box 649 Greeley, Colorado 80632 DATE: April 5, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Open-pit mining and materials processing facility -LEGAL DESCRIPTION: Part of the NWI , -Part of the NE} , and part of the SW}, all in Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 62i and east of Weld County Road 25 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: Marcie 13, 1989 PUBLISHED: March 22, 1989, in the Platteville Herald 8.0307 Affidavit of Pubtication NOTICE STATE OF COLORADO theOnt to the zoning lade of he the Onto of zoning a and the County of Weld ss. Weld hearing-will bng e Ordinance,in the Chambers of the Board of County I A.WhalerRiesel of said County of-Weld being duly sworn.say Commissioners of Weld twiny,Colorado, Weld C o u-n t y that lam publisher of ICentennill tenter, 915 10th PLATTEVILLE WERALV Street, First Floor, Greeley, Colorado, al the lime specified. that. the same is a weekly newspaper_of general circulation was All persons-In anyvnanner inter- sated p in the Site Specific printed and published in the town of Development-Plan and Special PLAT TE VI L L E Review Permit are requested to attend end may be heard. Inaaid muntyand state that the-notiee of advertisement, of which Should the eppinnl or any the "mixed is a true_copy-has been published in said weekly internal Awayureporter the prey wnce of f tours reporter to make a newspaper for record of the aped cor,..in which tlio a the taped d n a consecutive weeks: will-be kept during the hearing, that the notice-was published in the regular and entire issue oflevet the Clerk to the Board's _Officey can be contained for a Int War- number of said newspaper_dtning the-period and time of publication tilled court 'shorten In Me area. of said notice and in the newspaper properand not in a supplement If a court reporter is obtained,_he thereof:that the first publication of said notice was-contained in the Clerk to the Board's Office shall 1a of said,newspaper bearingthellate of be advised in writing of arch ac- tion hearing.at least five days prior to the ( 2 �L A.D..19�/ and the last publication • courtpener shall The coat (be engaging by tI{� ,m the issue of said newspaper.teat1ng date. the requesting party. BE IT ALSO KNOWN that the the 2-2---day bat end maq ao eertiHed W tiw -, `/� Weld oY nay examined ran a'�" 1$ that the said Commission- may be erk to t in e the office the Clerk to the Board of County Weld Seunty located. in the Weld tounty PLATTEVILLE HERALD sentenniet tenter, 915 lath has beenpublished continuous) and uninterruptedly during the Colorado. Co Third Floor, Greeley, y p ly tress, period of at least fifty-two consecutive weeks next prior to the first . issue Thereof containing said notice or advertisement above referred DOCKET NO. ag-ia to: and that said-newspaper was at the time of each of the • publications of-said naticexluly_qralifled far that purpose within the APPLICANT -Halt-Irwin Construction Company meaning of an act entitled, "An Act-Concerning Legal Notices, (Herbst Pit; Advertisements and-Publications and the Fees ten and - ►,0. la Ste Publishers the• -f, and to-Repeal I Acts and -. Is FeeIa , Cwersa inn Conflict with f Provisions of this J A• 7, 1- - ,all ,dmDATE:and p� rj en. d by act TIM: Amelkf Me: a•• •:. and an May 1..1-c A ODS*ts - Sib - SP1NNb / F 7_. Dewsr sai ilea al eM Spatial Review Netrg r OPeticts Wang �' Il♦* ,Maher and materials processing facility • LEGAL DESCRIPTION: Pert el the-41W./M,..mina la NE 1/4, d ea'y -sworn to fore me this Jt day o f and pert of to SW 1a, all -in -- a Section-s1,-TawnshIP a Norm. Range 65-Vest`of hdeo 6M P:M.,. ,^ W LO County, North of OI/// ld CouON: Norm of aM adle- retwit to Weld County Road 62.1/4 {gofaryYtabllc -end east of Welt County Road 25 4 1 5 DE V E R AVENUE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FT. LUPTON, CO 806 21 BY: MARY ANN FEUERSTEIN 'COUNTY -CLERK AND RECORDER AND CLERK TOTHE BOARD My-commission expires June 1992 �:i -.u�v BY: Mary Rein,Deputy E:y CC.Pi:::-. 0fOe E{ �., v0i.• , lyfl2 _DATED: March /g, lag -Published b Me Fie tavltle. Honied. yML St MSS. /o..v 739030 Affivavit of Publication STATE OF COLORADO ss. County of Weld, Lorita Seidler of said County of Weld, being duly sworn,say that I am -an advertising derk 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 advertisement, of which the annexed is a true copy, has +txea - raAIPlt p 8•*yfy been published in-said daily newspaper for consecutive plows,* 1 MMMh�fYB�Nlilawrie (days) (w ); that the notice was published in the County Zeal - 1 R0 wlil be held in the Chemaere cif e earn of County Commtertoners of Wetd County, regular and entire issue of every number of said 1,.gldr a Weld—CR Y Cahhanlal-ten*1 An��ttreet.n a y g ma yrraeley•CPl at ,n+ tatelegled n: eay r ar�atepmant rtaa add newspaper during the period and time of publication of Spacial Rdle*.Permit ereresoesteettet•Md 400meyba heard. said notice,and in the newspaper proper and not in a Should the appecant a adytnteresed party deslee the presence of P Per e court reporter to male a ribbed Of the ptbcaadiaos,In addition to supplement thereof; that the first u the NIPS record Ptfiehsy$el t onnsaddf0t' he hearing,the Clerk to PP publication of said the Board's Office ratite WTI list of certified tom" notice was contained in the issue of said newspaper reporters in the area If a court reporter Is obtained,the Clerk to the Board's Office NNW Ps advised in WPM,of Such action et Reittive bearing date days peer a the hearing. Ttlec�Wt Of Oneaalap a court repartee shell TVrE'1'lty-second ate1E ITbieLTS KNOW M TB. Bd 10 nt KNOWN of loo may beexef sod In the the Wald County Penning CommteHen emb tee ekaminad la in the Weld of the my to the ial C of County loth Street,Third Rl d County Centennial Canter,9151 h Srcatt,Thlrtl,Plopr, Greeley, day of March A.D. 1920_; Colorado. ,APPLICANT an publication d the last thereof; in the issue of said DOCKET NO.89-14 '1.il.irwln Construction Cbmpany PNer +Rln newspaper bearing date the cresrwrCsio aevep Box a`s T enty-sec d DATE:April 5,1909 TIME:10:00A.M. March REQUEST: Site Specific:D6yeerment Plan and Special-Review clay of March permit--Open-pit mining and materials practising taduty A.D. 19 _LEGAL DESCRIPTION:Part of the NWT/4,-part Ollie NE1/4,and y aim of em M1iyaJtlCountyCo31,TooneCks North,Ranee 65.West that said-The Greeley Daily Tribune and The Greeley LOCATION:North of end adjacent to Weld CWnty Road 601/4 end Republican, has been published continuously and east of wem County Read n uninterruptedly during the BOAOObP COUNTY'COMMISSIONERSperiod of at least six WELDCOUNTY,COLORAT)O P Y 9tit(°RV ANNPEu a5TEIN months next prior to the first issue thereof contained COUIbAND CLERK BODED... ANDCLERKTOTN BOARD said notice or advertisement above referred to;that said 1t bar ,,3W�y, t�'' ', 1 newspaper has been admitted to the _United States * Th. ,�a n F 't1k°m ,t'-i " fit' �' mails as second-class matter under the provisions of the 'mp_r 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. March 22, 1989 Total Charge: 128.16 -mow Advertising Clerk Subscribed and sworn to before me this 22nd day of March A.D. 19 89 My commission expires ��2—'7'� f- a Notary Public S90307 Planning Commission Page 4 February 28, 1989 Commissioner Lockhart made a motion , seconded by Commissioner Andrews to recommend approval of the project, eliminating the proposed hours of operation of 4 : 45 a . m. to 5: 00 p.m. Vote was taken and the motion passed unanimously , 5-0. IV. WELD COUNTY REFERRAL FOR AN OPEN PIT MINE AND MATERIALS PROCESSING FACILITY Location: North of and adjacent to Weld County Road 62 1/4 anti east of and adjacent to Weld County Road 25 Stephen Hill , Planning Administrator , provided an overview of an application submitted by Hall-Irwin Construction for the construction of an open pit mine and materials processing facility . Mr . Hill noted that it was the function of the Planning Commission to recommend to Weld County on development conformance with the City of Greeley Comprehensive Plan. In an overview , Mr . Hill summarized the Weld County Referral as contained in the Planning Commission packet . Mr . Hill stated that the Planning Commission action being requested was to recommend no objection to this Weld County Referral as proposed. In response to a question from Commissioner Sacco , the applicant stated that the reclamation plan is guaranteed by bonding. Commissioner Lockhart stated that he hoped this project mould be tied in with the Poudre Trail System at a later date. In response to a question from Commissioner White , George Hall stated that the ponds are divided up to prot-ect the oxbow and wildlife habitat . Commissioner White made a motion , seconded by Commissioner Andrews to recommend no objection to the Weld County Referral as proposed. Vote was taken and the motion passed unanimously, 5-0. V. REVISIONS TO FLOODPLAIN REGULATIONS Stephen Hill , Planning Administrator , told the Planning Commission that as a result of requests from the Federal Emergency Management Agency (FEMA) the City made a number of revisions to their floodplain regulations in 1988. -The City was MAR 2 3 19$9 890307 Wti6 Cu. Vlhu,iam •i,nuux w DATE: March 13 , 1989 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 hearing for the 5th day of April, 1989 , at 10 : 00 A.M. Docket No. 8.9-14 - Site Specific Development Plan and Special Review Permit for an open-pit mining and materials processing facility — Hall-Irwin Construction Company (Herbst Pit) OFFICE OF THE C E O THE BOARD BY: &/t 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 a Janne ra 890307 EX/1/73/I Summary of the Weld County Planning Commission March 7, 1989 Page 4 Rod Allison read this portion into the record. The staff' s recommendation has incorporated the applicant's request. The Chairman asked that the recommendation and conditions, as presented by the Department of Planning Services' staff, be filed with the summary as a permanent record of these proceedings. MOTICN: Jerry Kiefer moved Case Number S-300 for Del Camino Center Partnership for a site specific development plan and a planned unit development plan, first filing, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Ann Garrison. 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. Jerry Burnett - yes; Ann Garrison - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Rick Iverson — yes; Jerry Kiefer — yes; Ernie Ross — yes; Bud Halldorson — yes. Motion carried unanimously. /, CASE NUMBER: USR-875 S� APPLICANT: Hall—Irwin Construction Company (Herbst Fit) UUU REQUEST: Site specific development plan and a special review permit for open—pit mining and materials processing. LEGAL DESCRIPTION: Part NW} , part SW}, and part of the NEI of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 62-1/4 and east of and adjacent to Weld County Road 25. APPEARANCE: Gary Tuttle, P.E. , Tuttle, Applegate, and Rindahl, Inc. , represented the applicant. Hall-Irwin purchased this gravel pit about a year ago with the intention of enlarging it to serve their needs. Two and one—half to six acres will be mined per year. Re also discussed the reclamation plans for the pit area. Rod Allison reported the applicant is working with the U.S. Army Corps of Engineers. A standard requiring the operator to obtain the necessary permits from the U.S. Army Corps of Engineers has been incorporated into the staff's recommendation. XN/si e 890307 Summary of the Weld County Planning Commission March 7, 1989 -Page 5 The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Tuttle is he had reviewed the recommendation, conditions, and development standards set forth by the Department cf Planning Services staff. He stated they agree with these items. However, they intend to meet with the Weld County Health Department prior to this request being heard by the Board of County Commissioners to clarify its recommendation. The Chairman asked the applicant if he had any objecticns to the staff's recommendation being filed with the summary as a permanent record of this hearing rather than being read into the record? He had no objections. MOTION: Ernie Ross moved Case Number USR-875 for Hall-Irwin Construction Company for a site specific development plan and a special review permit for open-pit mining and materials processing be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and development standards presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by LeAnn Reid. 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. Jerry Burnett - yes; Ann Garrison - yes; Ivan Gcsnell - yes; LeAnn Reid - yes; Rick Iverson - yes; Jerry Kiefer - yes; Ernie Ross - yes; Bud Halldorson - yes. Notion carried unanimously. The meeting was adjourned at 2:25 p.m. Sincerely, e�..l+-�r Cool Bobbie Good Secretary . 890307 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Res ?c yf4 4p .l10d1County Planning Commission that the application for: t"" CASE NUMBER: USR-875 MAR 91989 NAME: Hall-Irwin Construction Company (Herbst Pit 9 120 ADDRESS: P.O. Box 649, Greeley, CO 80632 GPREELI C• COLO. REQUEST: A Site Specific Development Plan and t pecial Review ,permit- for an open-pit mining and materials processing facility LEGAL DESCRIPTION: Part of the NW}, part of the NE}, and part of the SW} all in Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 62-1/4 and east of Weld County Road 25 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of 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 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The conditions of approval and development standards will assure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. - The proposal is consistent with the intent of the Agricultural Zone district and is provided for as a use by special review. - The proposal will be compatible with the existing surrounding land uses, includes an oil and gas production, pasture, and farm production. 890307 USR-875 Hall-Irwin Construction Company Page 2 - The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by Weld County and City of Greeley's Comprehensive Plans. The City of Greeley Planning Commission has received this case and found no conflicts with their interest. - Part of the Special Review permit site is located in the 100 year floodplain. Special Review permit _development standards and conditions of approval address the overlay district requirements. No other overlay district affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the special review activity occurring on the site: - evidence of a water supply for each area being worked, approved by the Division of Water Resources, shall be submitted to the Department of Planning services; - an emissions permit shall be obtained or amended from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions; and - an NPDES permit shall be obtained or amended from the Water Quality Control Division of the Colorado Department of Health. 4. USR-731:86:13 being vacated and replaced by USR-875. 890307 USR-87-5 Hall-Irwin Construction Company Page 3 5. -Prior to recording the Special Review -permit plat, the plat shall be amended to ,show the following: - Proposed location for oil and gas production facilities and their access roads. - The scale -house, office/shop and any _other existing or proposed structures. 6. Prior to hauling any materials on Weld County roads, an off-site road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on -County roads by the operation. 7. The following note shall be placed on the Special Review permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation. However, Weld County has jurisdiction of those matters outlined in the Development Standards. Motion seconded by -LeAnn Reid. VOTE: For Passage Against Passage Jerry Burnett Ann Garrison Ivan Gosnell LeAnn Reid -tick Iverson ,Terry Kiefer Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified ropy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 890307 -USR-875 Hall-Irwin Construction Company Page 4 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and #oregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 7, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 7th day of March, 1989. O1.n.1r.+�7L. Bobhie Good Secretary 890307 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hall-Irwin Construction Company (Herbst Fit) USR-875 1 . The Site Specific Development Plan and Special Review permit is for an open-pit gravel mine and materials processing facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may -create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The open-pit gravel operation shall _:amply with Section 44.4 of the Weld County Zoning Ordinance: Operation Policies. Any violation of these regulations shall he grounds for enforcement Df Section 44.6 of the Wald County Zoning Ordinance: Cancellation of Permit. 4. All liquid and solid -wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. The Special Review permit site shall be maintained in compliance with the required Emissions Permit obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 6. No permanent disposal of wastes shall be permitted at this site. 7. The septic system for the proposed office is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8. An ISDS Evaluation on all existing septic systems -will be necessary prior to issuing the requited septic permits. 9. All waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust must be confined on this site and on any access roads serving the facility in compliance with the approved emissions permit. 11. The Special -Review site shall be maintained in compliance with the approved NPDES Permit -at all times. 12. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado -Revised -. Statutes. 890307 Hall-Irwin Construction Company USR-875 Page 2 13. Restrooms and or vaulted toilets shall be provided on site for employees and patrons. Portable toilets are not acceptable under the Weld County Regulations. 14. Prior to excavation in Phase #4, the Shark's Tooth Water Pipeline shall be relocated. The relocation shall be -in compliance with the December 8, 1988, agreement between Hall-Irwin Construction Company and the Shark's Tooth _Pipeline Company. 15. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 16. All construction on the property shall -be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the -Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the -Weld County Health Department and Weld County Department of Planning -Services shall be granted access onto the property at any seasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. The Special _Review area shall be -limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plansor Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890307 INVEh_JRY OF ITEMS SUBMITTED FOR CONSr..rRATION Hall-Irwin Construction Company Case Number USR-875 Submitted or Prepared Prior to Hearing at Hearing 1. Application 17 Pages X 2. One application plat(s) 3 page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property and Mineral Owner's X List 6. Three DPS Maps Prepared by Planning Technician X 7. DPS Notice of Hearing X 8. DPS Case File Summary Sheet X 9. DPS Field Check X 10. PC Member Field Check X 11. Referral response dated February 22, 1989 from X Drew Scheltinga, Weld County Engineer 12. Referral response dated February 17, 1989 from X Larry Rogstad, Division of Wildlife 13. Referral response dated February 16, 1989 from X Ed Herring, Office of Emergency Management 14. Letter dated February 24, 1989, from Hal Simpson X Division of Water Resources 15. Letter dated February 24, 1989, from Ronald D. X Miller, West Greeley Soil Conservation District 16. Letter dated February 22, 1989, from Terry McKee, X Army Corps of Engineer 17 . Letter dated February 7, 1989, to the applicant X 18. Memo dated February 25, 1989, from Wes Potter, X Weld County Environmental Health a hereby certify that the eighteen items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on March 9, 1989. Se/rnV4"/L- urrent 'Planne STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS day of a,)..6, 19%1 • SEAL c�e1�X NOTARY PUBLIC My Commission Expires nQ My Commission Expires Feb. 13, 1993 8903rry / � EXHIBIT INVENTORY CONTROL SHEET Case 645-e �9/0_& ,,1240,-7, 1240,ni Exhibit Submitted By Exhibit Description /79. A. a7 z 1 01 •2 •e - f B B. 2��: 2/77f1�9�%C/1c172 �c 7�/'✓1�J%�'��..ieiLfs;7v (..„7 D. vizz26/2 ,) E. l z�C/�ypD� F. L G. H. I. J. K. L. M. N. 0. -590307 Date: March 7, 1989 CASE NUMBER: USR-875 NAME: Hall-Irwin Construction Company (Herbst Pit) ADDRESS: P.O. Box 649, Greeley, CO 80632 REQUEST: A Site Specific Development Plan and a Special Review permit for an open—pit mining and materials processing facility LEGAL DESCRIPTION: Part of the NWI, part of the NEl, and part of the SW} all in Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 62-1/4 and east of Weld County Road 25 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of 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 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the , Transportation Coals and Policies. The conditions of approval and development standards will assure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. - The proposal is consistent with the intent of the Agricultural Zone district and is provided for as a use by special review. - The proposal will be compatible with the existing surrounding land uses, includes an oil and gas production, pasture, and farm production. - The proposed use will not have an adverse affect on the existing and future development of the surrounding area as permitted by Weld County and City of Greeley's Comprehensive Plans. The City of Greeley Planning Commission has received this case and found no conflicts with their interest. 590307 USR-875 Hall Irwin Construction Company Page 2 Part of the Special Review permit site is located in the 100 year floodplain. Special Review permit development standards and conditions of approval address the _overlay district requirements. No other overlay district affect the site. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this -request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in ; ` e office of the Weld County Clerk and Recorder. 3. Prior to the special review activity occurring on the site: - evidence of a water supply for each area being worked, approved by the Division of Water Resources, shall be submitted to the Department of Planning services; - an emissions permit shall be obtained or amended from the Ai. Pollution Control Division, Colorado Department of Health, for fugitive dust and source emissions; and - an NPDES permit shall be obtained or amended from the Water Quality Control Division of the Colorado Department of Health. 4. USR-731:86:13 being vacated and replaced by USR-875. 5. Prior to recording the Special Review permit plat, the plat shall be • amended to show the -following: 890307 USA-875 Hall-Irwin Construction Company Page 3 - Proposed location f-or oil and gas -production facilities and their access Toads. - The scale house, office/shop and any other existing or proposed structures. 6. Prior to hauling any materials on Weld County Toads, an off-site road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall mitigate impacts generated on County roads by the operation. 7. The following nose shall be placed on the Special Review permit plat: NOTE: The Mined Zand Teclamatian Board has the authority to issue permits for mining and reclamation activities. -Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined -Land Reclamation. However, Weld County has jurisdiction of those matters outlined in the Development Standards. 890307 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hall-Irwin Construction Company (Herbst Pit) USR-875 1 . The Site Specific Development Plan and Special Review permit is for an open-pit gravel mine and materials processing facility as submitted in the application materials en file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3 . The open-pit gravel operation shall comply with Section 44.4 of the Weld County Zoning Ordinance: Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section x+4.6 of the Weld County Zoning Ordinance: Cancellation of Permit. 4. All liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5 . The Special Review permit site shall be maintained in compliance with the required Emissions Permit ebtaired from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and edors. 6. No permanent disposal of wastes shall be permitted at this site. 7 . The septic system for the proposed office As requited to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8. An ISDS Evaluation on all existing septic systems will be necessary -prior to issuing the required septic permits. 9. All waste materials shall be handled, stored, and disposed of in a manner that controls fugitive Aust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust must be confined on this site and on any access roads serving the facility in compliance with the approved emissions permit. 11. The Special Review site shall be maintained in compliance with the approved NPDES Permit at all times. 12 . The maximum permissible noise level shall not exceed the industrial limit of 70 t1B(A) , as measured according to 25-12-102, Colorado Revised Statutes. 890307 Hall-Irwin Construction Company USR-875 Page 2 13. Restrooms and or vaulted toilets shall be provided on site for employees and patrons. Portable toilets are _not acceptable under the Weld County Regulations. 14. Prior to excavation in Phase #4, the Shark's Tooth Water Pipeline shall be relocated. The relocation shall be -in compliance with the December 8, 1988, agreement between Hall-Irwin Construction Company and the Shark's Tooth Pipeline Company. 15. The property shall be maintained in compliance with the Weld County flood Hazard Overlay District requirements. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County -Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all -applicable Weld County Regulations. 21 . The Special Review area shall be limited to the plans shown hereon and governed 1y the foregoing Standards and all applicahle Weld County -Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the -plans or J)evelopment Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22. She property owner or operator shall be responsible for -complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of -County Commissioners. 890381 Rcin Dual i 0 � �:. Weld County Planning February 25, 1989 , oQ To Date r. 67, COLORADO From Environmental Protection Services I� ��1 Case Number: USR-875 Hall-Irwin Construction Company Subject: (Herbst Pit) Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes, shall be stored and removed for final di-sposal in a manner that protects against surface and -groundwater contamination. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for -fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. The septic system Tor the proposed office -is required OD be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. An l-SDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 6. All waste materials shall be handled, stored, and disposed -in a - manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust must be -confined on this site and a dust abatement and control plan must be submitted and approved by this department. B. Required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health, and/or amended if appropriate for the increased operation- 9. Maximum permissible noise level shall not exceed the industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statues. 10. The Division requires that this facility provide restrooms and/or vaulted toilets. Portable toilets are not acceptable under the Weld County Regulations. -EPS/dgc t Ilr • I ly FEB 2 '8 1989 �,_ 90307 eili tn. i'Li nitAti ,,atitiitS3i:, FIELD CHECK Filing Number: USR-875 Dat-c of Inspection: j- /�vl ' `67 Applicant' s Name: Hall-Irwin Construction Company (Herbst Pit) Request: A Site specific development plan and a special review permit for an open pit mining and materials processing facility. Legal Description: Pert of the NWi , part of the £Wi , and part of the NE-* of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado Location: North of and adjacent to Weld County Road 62-1/4 and east of and adjacent to w Weld County Road 2-5. _land Use: N - -/'1..-6-e c %Ze4 !-4---t E 7'1,, ,--/ .eei ee:, syq24,-,e1.64,,X;e: _ w/e...7;2(/-,.:e,t 'Ae(.1/: Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: / t 7 2-12-, )G,c7—J CL �lC 7 l l t c..1:_. / ii . 1 co-vz-) L Z 74,,/ _...4V , ..1-4,-.--6.dj 47.--z(-1- 4: t! ._ /L/�.. 1�7 plc-> 1l / /� �~.. _ . 5 �;F .. tin .\, J I Signature of Board Tember FEB 2 8 1989 !I E.5 ' ell i;u. t`liitdtts$ uUJiLWJ:.uui 8903C7 LAND-USE APPLICATION SUMMARY SHEET Date: February 2-8, 1989 CASE NUMBER: USR-875 NAME: Hall-Irwin Construction Company ADDRESS: 3026 4th Avenue, Greeley, CO 80631 REQUEST: Site specific development plan and a special review permit for an open—pit mine and materials processing facility. LEGAL DESCRIPTION: Part NW3, part SWi and part NE} of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road b2-1/4 and east of and adjacent to Weld County Road 25. SIZE OF PARCEL: 228 Acres, t POSSIBLE ISSUES SUMMARIZED -FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in iSection 24.3, 44.4, and 44.5 of the Weld County Zoning Ordinance-. The Department of Planning Services' staff has received specific recommendations from the Colorado Division of Wildlife, Colorado Division of Water Resources, Greeley Soil Conservation District, Weld County Office of Emergency Management, and U.S. -Army Corp of Engineers. Referral responses have not been received from: - Weld County-Health Department; - - Central Colorado Water Conservancy District; and - City of Greeley; No objections have been received by the Department of Planning services' staff from -surrounding property owners. 890307 r Affidavit of Publication STATE OF COLORADO County of Weld ss. I A.Winkler_Riesel of said County of Weld being duly sworn.-say that I am publisher of PLATTEVILLE HERALD that, the same is a weekly newspaper of general circulation was printed-and published in the town of NOTICE OF PUBLIC HEARING PLATTEVILLE The weld County Planning Commission In-said county-and state that the notice of advertlsement,_of which will 7.a 59.public tracing on Tuesday. our- the March].1 onsi aat ing p.m.a Sp bur the annexed is a true copy has been published in said weekly boat of considering a site Specific newspaper for Development Plan and a Special Review /( �L„/.-1L -consecutive weeks: permit for the property bed 1 ' blow. Arroyo'_ofthe uestmay that the notice was published in the regular and entire issue of may to er C brado vested property right Wrswnt number of said newspaper during the period and time-of publication of said notice and in the newspaper proper and not ins supplement APPLICANT: Hall-Irwin Construction thereof:that the first publication of said notice was contained in the ComPm^/(Herbst-Pit) Ltiype of said newspaper bearing the date of !,j''" LEGAL DESCRIPTION: Part of the NWY,put of the SWY,and part the / A.D..19F9 and the last_publication NEV.of Section 31,T6N,R66W of the thereof.In the- eof said newspaper.bearing date. 6th P.M..Weld Cows,-Colorado. the /r a_--of • TYPE AND INTENSITY miniOF PROPOSED ,C,'yA'r da , USE: Open mining and meter** 19n that the said processing. Cr— LOCATION: North of and adjacent to Weld County-Road 62.1/4 and east of PLATTEVILLE HERALD and salaam taweid Bounty Road 25. has been published continuously and uninterruptedly during the SIZE:228 acres,more or leas. period of at least fifty-two consecutive weeks next prior to the first ' issue thereof containing said notice or advertisement above referred The public hearing will be held in the to: and that said newspaper was at the time of each of the Weld County Commissioners' Hearing publications of said notice duly qualified for that purpose within the RoonuFIrst Floor,Weld County Centan nial Canter,915 Tenth Street.Greeley, meaning act entitled. "M Act Concerning Ixgal Notices. Colorado Comments or objections Advertisements and Publications and the Fees of Printers related to the above repast should be Publishers thereof-stand to Repeal all Acts and, # in aubmItted ManWryto titer Weld Countr Conflict with the ilovisions of this Act/approved April 7, 1.and - opartmmdsi Planrdngservioes 915 all amendments Freof and parti lartys!ame ded an act Tenth Street,Room 342,-Greeley,Col- • epptwe[I. 3f7 )923/and✓>n tgp/Ppj;�v�vbd Ma}J f3. 1. / - • credo 80631.bubo the above date a San/-� /�/ presented at the public hearing on '.. l../// l(�/_ / /rile� Mardi 7,1989. Publisher Copies of the application are available `7 v b public inspection In the Department S9c��,,,777aaa��`11t��ed and -sworn to before me this _day of of Planning Services,RoomIs2.Weld A fl 192ry County Centennial Comm.9Tenth Street, Greeley, Colorado 50631 -Pr--356-4000,Etbmlon 4400. L hwBud Xon.Chairman SS( Bu Weldxod Planning CanmiMbn Notary Public Published in the Plotter** Herald (11-:)r) LUPTO PRESS February 15.1989. • Fort Lupton,CO390621 My commission expires June 1992 My Commission expires June 30,-1919? 890307 i �• a� l „ o ...ill ,� 1 %�FE^ o�t.`i` • \\ 11 Y ._� i+� •• A , iC J'i]NbJt3 z. zf d .k: k P .�� F •• J 1 i,33 a M .°` --� y �� 'mil ` ., ('tz.1� Gam_ E/ 1• , I l I• s /� - a ' ue •d ,.z �^I. 8tiicr• ' . `7 ' w CREEL Y �i • o 'Ts ci T ROEN CETI" feLce • ,� �o 'nee se. •e• .I.• is °0 J .. Y�c.�' �p�¢' w �x r I'li` • I "1aa 25 1 44 t I r f —r J • Y• r, G ', a v .Ir . • „1 °' I k �. P as > '$ • l \ Correction e+ /�� Lme eq' r .. ' " �r. h• Nort .r.First '..orrection a, — _�` \\ -;1% T. °pH • • Fn. . 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""e- _•< it` 't'..- '. .t rit :i„.: uy(- rt =s"9••� C „rwy itz.y+« yasN� ,,r.; #+ .y.y ,y s .•3x " of:Y; '^h_.tiw;; x � t }y so Et ti. - C , ,(f f r {1 • 5 _� z a.rixe�., pF Y ' Vi; j 5 .If Y. + Y P.t Y_ FIELD CHECK FILING NUMBER: USR-875 DATE OF INSPECTION: February 24, 1989 NAME: Hall Erwin Construction Company (Herbst Pit) REQUEST: Site Specific Development Plan and a Special Review permit for an open-cut gravel mine and materials processing LEGAL DESCRIPTION: Part of the NW! .and SW} and the NE} of Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 62-1/2 and -east of and adjacent to Weld County Road 25 LAND USE: N Cache la Poudre River, Farm Production F Farm production, S Wel-d County Road 62-1/2, farm-production -W Weld County Road 25, oil production ZONING: N -Agricultural -E Agricultural S Agricultural W Agricultural COMMENTS: The property is flat with one canal on the south side of the permit area and an old oxbow cutting a U shape through the middle of the permit area. The property is in farm production. No oil or gas production facilities are located on the property at this time. An existing gravel operation permitted by USR-731 is located on the northwest portion. Access to the facility is by Weld County Road 27 to Weld County Road 62-1/4. Both are gravel county locals. Kest A. Schuettt Current Planner 890307 REFERRAL LIST NAME: hall-?rain Construction Company CASE NUMBER: USR-875 REFERRALS SENT: February 8, 1989 REFERRALS TORE RECEIVED BY: February 21, 1989 COUNTY TOWNS and CITIES Attorney _ Ault X Health Department _Brighton Extension Service Dacono X Emergency Management Office Eaton Sheriff's Office _Erie X Engineering Evans Housing Authority Firestone Airport Authority _Fort Lupton Building Inspection _Frederick Garden City STATE Gilcrest X Division of Water Resources X Greeley X Division of Wildlife Grover X Mined Land _Reclamation Hudson Highway Department Johnstown Historical Society Keenesburg Water Conservation Board Kersey Oil and Gas Conservation Commission La -Salle _ Lochbuie _ FIRE DISTRICTS Longmont _ Ault F-1 Mead _ Berthoud F-1 Milliken Brighton F-3 New Raymer _ Dacono F-I9 Nunn Eaton F-4 Platteville _ Fort Lupton F-5 Severance ____Galctuu F-6 Windsor Hudson F-7 Johnstown F-F COUNTIES La Salle F-9 . Adams Longmont F-10 _-Boulder Milliken F-11 _Larimer _ Nunn F-12 _ Pawnee _ Platteville F-13 -FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 X -US Army Corp of Engineers Poudre Valley F-15. _USDA-APHIS Veterinary Service Raymer _Federal Aviation Administration Southeast Weld F-16 ____Federal Communication Commission X Windsor/Severance F-17 Western Hit$ SOIL CONSERVATION DISTRICTS Western Hills F-20 Brighton DTHER -Fort Collins X Central (Colo. Wat-Pr Conservancy Dist. X Greeley Panhandle Eastern Ripe Line Co. _Longmont Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER X Ernest Ross 890307 ` DEPART. _NT OF PLANNING SERVICES - i� PHONE(303)356-4000 EXT.4400 ^ 4 =.7--4-1- 915 10th STREET GREELEY,COLORADO 80631 • 1 -1 --I, f::Iri 1 r i'�. ' 11' j. . i , .1] :7-. G ,•. , .:.,... ,. .. ,,,),o CASE 1:UNEER USR-875 February 8, 198.9 TO WPC)` IT NAY COI CF.RU: Enclosed is an application from Pall-Irwin. Construction Company (herbst Pit) for a site specific development plan and a special review permit for an open pit mining and materials processing facility. The parcel of land is �� 3� � and part the h of Section diC:SCrlbd:t� Ft: port of thc. 1`:�rii f part l' the S�.y 31, T6N, R66V cf the 6th P.M. , Weld County, Colorado. The location of the parcel or land for which this application has been submitted i., north of and adjacent to Weld County Road 62-1/4 and east of and adjacent to Weld Ccunty r.ced 25. This application is subtiitted to your office for review and recon;ntendetion. Any comment: or recommendation you censider relevant to this request would be apprec•'oted. Your prompt reply will help to facilitEte the processing of the proposal and will ensure prompt consideration of your recommendation. rleasea reply by February 21 , 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about this referral . Thank you for your help and cooperetion in this matter. Chech the appropriate boxes below and returu to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 521 2. We do not have a Ccmpreber-sive Plan, but we feel this request R-3 :',"1 -.... (is/is not) compatible with the interests of our O° Z- _ _ _ town for the following reasons: LA 1 - ------- o i �''! 3. V We have reviewed the propos..l and find no conflicts with our Ti ! -1 interests. ai )r I ---- �_ �^ 4. L fcrmal recommendation is under consideration and will be submitted to you prior tc:�__ -_- -_--_-_ 5 J.e _e -er to the enclosed letter. Si nec Agency: �rt44_r r, e, ( ,/1 9 - - - - - ,,:te: 74 /c4:1,.7 - 890307 ' DEPART !T (F-- HLANNING SE.R\IK;LES PHONE (303)3S6-4000 E'1,T.44C 915 10th STREET i 1 13t rP 1 . I�rJ 4 7.i 1/ F_B • •_� UREELEY, COLOP,ADO 80331 F 171989 b ;. , � F ��' , ,„ "1°l„ CO. P130ili0� CASE SLT;EEE LSa- %' rir DO February 8, 1989 TO Wh.C" IT MAY CCYCYic;: Enclosed is an application from Pall-Irwin Construction Company (Iterbst Pit) for a site specific development plan and a special review permit for an open pit mining and materials processing facility. The parcel of land is iescribed fart of the D'.W , part of the SWi , and part the LE:' of Section 31 , T6N, p661' of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this applicatioy has been submitted in north of and adjacent to Weld County Road 62.1/4 and east of and adjacent to Weld County P.ca.d 25. Ibis application is submitted to your office for review and -recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your. recommendation. Please reply by February 21 , 1989, so that we may wive full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions -about this referral . Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does nut) comply with our Comprehensive Plan -for the foiletin.g reasons. 2. We do not have a Comprehensive Plan, but we fee] this request (is/is not) conpatible with the interests of our town for the following reasons: 3. W-e have reviewed the proposal and find no conflicts with our interests. 4. ,. formal recommendation is under consideration and will be submitted to yen prior to: ---_— ,,�+ted Gs „xi b' H _ ov 5. Pleasa refer to the enclosed letter. U f Signe_c: � ' C�i , Agency : •�.11% tP ,ate: . ... 89 3©"r DEPART' TNT OF -PLANNING SERVICES PHONE(303)356.40001=X7. 6400 91510th STREET GREEL-EY, COLORADO 80631 i 9 1 r s.. CASE MiNBIR USR-875 Ee.bruary 8, 1989 TO WC" TT MAY CONCERN: Enclosed is an application from Pall-Irwin Construction Company (herbst Pit) for a site specific development plan and a special review permit for an open pit -mining and materials processing facility. The parcel of land is described as part of the EVi , part of the SW1 , and part the NE'; of Section 31, TEN, -266W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 62-1/4 and east of and adjacent to Weld County iced 25. This application is submitted to your office fur review end recommendation. Any comments or recommendation you consider relevant to this request vo1=1d be appreciated. Your prompt reply will help to facilitate the processing of the proposal _and will ensure prompt consideration of your recommendation. Please reply by February 21 , 1989, so that we may Live full considerations to your -ecommendation. Please call Keith IN. Schuett, -Current Planner, if you have any questions about this referral . Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. X We have reviewed this request and find that the request (does;d.,s. . _t) comply with our Comprehensive Plan for the follo :ing reasons. [a .. f/sset4,rj Se-e/,'4-•, 33 le 24 2. We do -not have a Comprehensive Plan, tut we feel this request __ (is/is not) compatible with _the interests of our a -*t l town for the following reasons: o -e 77, I c - -7,___: '1 -r ] 3. he have reviewed the propusal and find no conflicts with our I interests. v L -2 4. A formal recommendation is under consideration and will be cE- — j submitted to you prior to:____._ 5. Please refer to the enclosed letter. /Signed: Cl/ Agpncy:'L,Le: 0 2-/G$ 7 111 890307 °FCfy,a1.1:117 STATE OF COLORADO gi Roy Romer, Governor 1870 DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION FRED R. BANTA, Director County, City, and Town Zoning MEMORANDUM DATE: February 16, 1989 TO: Weld -County Planning Department Box 758 915 10th St Greeley, CO 80632 FROM: Daniel I . Hernandez i 11� Pursuant to the requirement of the Colorado Mined land Reclamation Act* to inform counties and cert-atn municipalities of mining and reclamation permit amendment applications filed with this office, p1-ease know that Hall -Irwin Construction Co. has fil-ed an application for a conversion to the minima operati-on at or near Section 31 .1), Township 5.0 N, Range 66.0 W, 06th Prime Meridian. The applicant proposes to reclaim the site for general agriculture. The appl icant is required to place a copy -of the application for public inspection with the Clerk of the county in which the proposed mine is situated. This is intended to provide the application for public review and comment. Please note that it is not intended to be made a part of -public record by recording. The Board is tentatively scheduled to consider this application on April 26, 1989. If you have any questions, please contact me. * Article 32 of Title 34, Colorado Revised Statutes, as amended. Enclosure 17376 \ i1 ` FFB 2 A 1989 Bell Co. Pldomue ,.,uonr%rm, 215 Centennial Building,-113 Sherman Street Denver, Color-ado 80203-2273 Tel.(303)966-3567 890307 of co<o Q� ": t� 9Q JERIS A. DANIELSON ROY H r. O State Engineer Governor "' * 187-6x OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 February 24, 1989 Mr. Keith A. Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Hall -Tr-win Construction Co. Herbst Pit, USR-875 Section 31, T6N, R66W Dear Mr. Schuett: We have reviewed the above referenced proposal to use a 228 acre tract to mine sand and gravel . The applicant proposes to create four ground water lakes in the operation. An augmentation plan (88CW127) was submitted to the Water Court to replace depletions to the system due to the mining operation. Our office has filed a Statement of Opposition to this plan in the court. We have, however, approved a Temporary Substitute Mater Supply Plan to allow the operators to create a four-acre ground water lake (copy enclosed) . A well permit has been issued for this lake, Permit No. 3383-9-F. As long as the applicant complies with the conditions of this temporary plan, we have no objections to creation of -a four-acre lake. We would recommend the county approves this Special Use Permit with the condition that the applicant complies with the temporary plan until a permanent augmentation plan is approved by the Water Court. Sincerely, Nal D. Sim son, P.E. Deputy State Engineer HDS/JCM:0655I Enclosure cc: Alan Berryman, Division Engineer ( 27 1989 Krishna Murthy FEB tt6 to,i�lattiunt tnmuas°wn 890317 yet UCO /� /i A Q JERIS A. DANIELSON ROY Governor �w,� r, �O State Engineer 1• v. i e.�it) - 876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 May 5, 1988 Mr. Kim Lawrence Lind, Lawrence & Ottenhoff P.D. Box 326 '` Greeley, CO 80632 Re: Hall -Irwin Construction Company Substitute Water Supply Plan Dear Mr. Lawrence: This is to acknowledge receipt of your March 3, 1-988 letter requesting approval of a substitute supply plan. We also received additional information on April 7, 1988 from George Palos of Resource Consultants, _Inc. concerning the proposed plan. The proposed plan would replace the evaporation of a pond exposed by gravel mining. Your -letter indicates th-at a maximum of four acres of water surface area will be created. The mine site property is located immediately adjacent to the Cache La Poudre River and has historically been irrigated by the William R. Jones ditch. Mr. Palos states that approximately 20 acres which have historically been irrigated by the _ditch will no longer be irrigated. The mine site encompasses ten of these acres. The remaining ten acres, located morth of the mine site, will no longer be accessible due to mining. Mr. Palos estimates that -approximately 33 .8 acre-feet per year have historically been consumed through the irrig-ation of this land by the William R. Jones ditch. Mr. Palos estimates that approximately 11 .6 acre-feet annually will be consumed as a result of evaporation from the four-acre pond which will be treated. Our best information based upon Weather Bureau Technical Paper 37 indicates that there will be approximately 13.7 acre-feet of evaporation annually. However, we estimate total loss at approximately 10.7 acre—feet when a 70% estimate of overall average effective precipitation is subtracted. Replacement to the pond must equal 10.7 divided by 0.6 (1).6 is based upon an estimated -60% historic farm irrigation efficiency) to assure that there is not an expanded consumptive use of diversions. Total replacement required will be 17 .8 acre-feet annually. While not specifically discussed in any of the correspondence, additional water may also be consumed by dust control and perhaps other uses . Mr. Palos indicated by telephone that he has not yet quantified them tut does not expect these uses to be major. For the purpnces of this year' s temporary substitute supply plan, we consider the excess historic use available from the William R. Jones ditch to be for these ancillary uses. 890307 Mr. Kim B. Lawrence Page 2 May 5, 1-988 I do not objectto the proposed substitute supply plan in accordance with Section 37-80-137, C.R.S. (1973) , subject to the following conditions: 1 . The 20 acres referred to in Mr. -Palos' letter are net irrigated by the William R. Jones ditch. 2. Water from the William R. Jones ditch is turned into the pond. The amount of water turned into the pond will be as follows: April - 1 .2 acre-feet; May - 1 .6 acre-feet; June - 2.4 acre-feet; July - 2.8 acre-feet; August - 2.7 acre-feet; September - 2.2 acre-feet; October - 1 .5 acre-feet. As proposed, the winter evaporation amount, 3.4 acre-feet, will be released to the pond in April or May of 1989 if requested by the Water Commissioner. 3. The Water Commissioner shall be notified prior to any water being turned into the pond so -that he is aware of the diversions being made. For this reason, the name and telephone of the person respon- sible for the plan should be given to the Water Commissioner, George Sievers (4-82-6844) . 3. Adequate measurement and records of diversions into the pond shall be kept and provided to the Water Commssioner and our office on a monthly basis. 4. No more than four acres of lake surface are exposed due to mining operations during 1988. 5. Hall -Irwin Construction applies for approval of a plan for augmen- tation for the proposed mining operation or enters into a replacement contract with a water conservancy district. 6. Hall -Irwin Construction applies for a well permit under this tempo- rary substitute supply plan. Our office will issue the permit in accordance with this plan. This approval is for one year from the date of this letter and becomes effective upon receipt of -a letter accepting the terms of this plan. We will review a proposal to extend this plan upon written request. Dur review of any proposed extension will be dependent in part upon adequate operation of the plan this year. -Prior to approving an extension of this plan, we will require that the water use for dust control and any other uses be quantified. Sincerely, _. .��. Hal D. Simpson, P.E. Deputy State Engineer HDS/JRH/4689I cc: George Palos, -Resource Consultants, Inc. Alan Berryman, Division Engineer George Sievers, Water Commissioner -Steve Lautenschlager 89007 UNITED STATES Soil 4302 W. 9th St . Rd . DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service ( 303 ) 356-6506 7 “ ry 24 , 93S . ton -... '•gar-tr,e,• . Fans id-nt • areeley .. .. - _ _'n a e r . :t o n D i s t r 1 —t - meey . .10 S0624 i • Hail - Irwin C_,nstructinn i_i.rip ny Herb t have �' t;:r C{E,f e t*�.0 r N 1•"r C .�t t from 77r ; f.; 7 a s -t J Sp -f _ gave i11iS'�en1 plan and a a_peciaal review permit t f f • r,- _•,; it rini ,.g andmatari =..ls proc=essing fscility . The parcel of land is •� -.L' f .1 ._'� ..3 r a :t of t h e NW l /4 , part of 1.h p Vv114 , and part of the NE , of Section l -6-66 , Weld County , Colorado . recommend •aPProvs i without comments . 1n=er - iu , ( 24°If;7734":44-) • d 0 . Miller ,• strict _onserv• t . :nisi. • 'elav - ie ' d riff ice 1;,tq/ '1 •• 1 FFa 2 7 1989 • 890307 --- ' DEPA,P,T�.,.-NT OF PLANNING SERVICES ...�. , . PHONE (303) 3564000 EXT. 4100 rY 'l 915 10th ST R EE t GREELEY, COLORADO 80631 ;h 1 1i 16t 1 : . 1 ' j1 `�'iM,Y p } riA�,�qqn i C C _A� � ...._.i F s✓� CASE I ULB lily l,J�' 1�7� February 8, 1989 TO WFC?' IT MAY C0NCEFU; Enclosed is an application from Pall-Irwin Construction Company ()terbst Pit) for a site specific development plan and a special review permit for an open pit -mining and materials processing facility. The parcel of land is described ns part of the NU , part of the SWi , and part the 1;E.'; of Section 31, TEN, 8661: cf the 6th P.N. , Weld County, Colorado. The location of the parcel of land for which this application has he-en submitted is north of and adjacent to Geld County Road 62-1;4 and east of and adjacent to Weld County p.c=.d 25. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to th:s request would be appreciated. Your prompt reply vill help to facilitate the processing of the proposal and will ensure prompt consideration of your. recommendation. Please reply by February 21 , 1989, so that we may cive full consideration to your recommen-dation. Please call Faith A. Ec_huett, Current Planner, it you have any questions about this referral . Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and tint. that the request (does/does not) comply with our Comprehensive Plan for the following reasons. E, r, T _____ We We do not have a Comprehensive Plan, but we feel this request p Z� (isiis not) compatible with the interests of our .s v .,2i town for the following reasons:r. v; _ —._:j • t , 3. Ec have reviewed the proposal and find no conflicts with our e J r interests. --- �� 4. '. formal recommendation is under consideration and will be submitted to you prior to: 5,Y_ Please icier to the enclosed letter. Si.gne Agency '_4 'R%-- `Gnu raa.r.v.5 :_?g,\D._._ _r_Vg_l 890307 -$r O, c T fir ,., DEPARTMENT OF THE ARMY Q OMAHA DISTRICT, CORPS OF ENGINEERS t h'. ROCKY MOUNTAIN AREA OI / 2860 S. CIRCLE DR.. NORTH BLDG., SUITE GL 10 COLORADO SPRINGS, COLORADO 80906-4188 REPAY TO ATTENTION OF February 22, 1989 Platte River Resident Office U.S. Army Corps of Engineers 9307 State Highway 121 Littleton, Colorado 80123-6901 Keith A. Schuett Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 Dear Mr. Schuett: Reference is made to Case Number USR-875 -which concerns a Site Specific Development plan and a Special Review Permit for an open-pit mining operation proposed by Hall-Irwin Construction Company (Herbst Pit) located in the NE 1 of Section 31, T-6-N, R-66-W, Weld County, Colorado. During a February 17, 1989 site visit conducted by me, it was found that wetlands adjacent to the old and new channel of the Cache La Poudre River exist on this parcel of land. See attached map showing the approximate location. As you know, the Corps of Engineers has -Regulatory jurisdiction over waters of the United States which include adjacent and isolated Wetlands, pursuant to the provisions of Section 404 of the Clean Water Act (33USC1344) . Under this act, prior authorization is required from the Corps of Engineers for the discharge of dredged or fill material riverward of the ordinary high water mark of waters of the United States and into Wetlands. This Regulatory jurisdiction is administered under Federal Regulation 33 CFR 320-330. As suggested in the reclamation plan overburden is to be replaced during reclamation. This appears to include a portion of the existing wetlands -which are to be excavated. Therefore, a Department of the Army Individual Permit may be required for this mining operation. Please find enclosed additional Department of the Army (DA) Permit application material. 890307 Keith A. Schuett Page 2 If your activity includes the filling or partial filling of the Wetlands located at the project site, please fill out and send to the Omaha District Office the Department of the Army Permit application which shall include a mapped area of the existing wetland, stating the total acres of existing wetland, and proposed acres of fill. Also find enclosed a list of Environmental Consultants who may assist in your wetland determination. Sincerely, Terry McKee Environmental Resource Specialist cf: Permit Files OMaha Permits Branch Attach 890307 THIS LIST NOT COMPILED TO ENDORSE ANY SP. TIC CONSULTANT ENVIRONMENTAL CONSULTANTS DAVID JOHNSON Western Resource Development 711 Walnut Street RICHARD C. EARTH Boulder, Colorado 80302 Soil-Plant Systems (303) 449-9009 5920 McIntyre Street Boulder, Colorado 80302 DEBORAH KEA2IMEER (303) 279-2585 Stoecken-Keammeer & Associates Ecological Consultants GARY D. BEERS, Ph D. 5858 Woodbourne Hollow Road Fox & Associates of Colorado, Inc- Boulder, Colorado 80301 4765 Independence _Strcet (303) 530-1783 Wheat Ridge, Colorado 80033 (303) 424-5578 ERIC OLGEIRSON 305 Emerson Street JANE BUNIN, PhD. Denver, Colorado 8021$ Natural -Science Associates (303) 733-8121 1010 Regis Avenue Boulder, Colorado 80303 iAURANNE RINK (303) 499-5014 Aquatic & Wetlands _Consultants Walnut Eleven Building DAVID COOPER 1911 - 11th Street Department of Environmental Sciences Suite 301 Colorado School of Mines Boulder, Colorado 80302 Golden, Colorado 80401 (303) 442-5770 , (303) 499-6411 (Home) RANDY SCHROEDER JY L. DAWSON Greystone Development Consultants Project Scientist 7308 South Alton Way Woodward-Clyde Consultants Suite IC Stanford Place 3, Suite 1000 Englewood, Colorado 8_0112 4852 So. Ulster St. Parkway (303)Englewood, 850--0930 Denver, Colorado 80237 PETER SMITH Tel 650/2870 Stoneman Landers, Inc. Telex 501285 (Woodward DVP.) 3932 W. 97th Place Westminster, Colorado 80030 1740E ighGDtreY (303) 466-9694 1740 High Street Denver, Colorado 80218 MICHAEL J. 'PUPA(3D3) 320 4400 Tupa Associates, Inc. 12487 E. Amherst Cr. SCOTT ELLIS Aurora, Colorado 80014 Environmental Research & Technology (303) 755-6315 1716 Heath Parkway Ft. Collins, Colorado 80524 STEVE VIERT & (303) 493-8878 STEPHEN G. LONG Cedar Creek Associates 916 W_illshire Avenue LOREN HETTINGER P.O. Box 9558 Dames &lioore Fort Collins, Colorado 80525 1625 Cole Boulevard (303) 493-4394 Home: 493-18-93 Golden, Colorado 80401 (303) 232-6262 890307 R66W S -`r - ,...-. -- / .well �J `—_ cY>� 4� / „fry,. ‘ c7.50 4 1.9 n`'-J` i20 ..74o �l : _ p75� V !4]50 �J60 X Y • \ Well 4Ji0 �k Po :. E 0. BM `tea 4747 •°i \N_/ • � �• We llA Bracewell:OITC L.,L• 4Tao - n ,„ wolr 29 47 J 1, �.�_ r• a, 30b I c -A----.....„\ • �.� -'�! "4740 0�.. -Z^ �' N . .�a . i _._\ e. D 1 e ��RI' R.1 P4,4 1 � Lo r ,0 NR ► ._ F Or'� ` � r, �� G \''' • :36, •,, , LI ABE,A31 , , ;1 S' �32m 1c'' ` ',• / A ,,•F —,": 1- — - __ ' u r • V� Ua1•,.\t^[ ',4i 1`k . ` -% _ l A 1 JJ. lei \I�' � k rob T6 a; y ({(.0 -1 �� \�•r 1 10 \z\1� \\.�` i( r'�u f� �4tl\ Q (_7---1q--,A, J \ni kr7 . 1^�� 1 t / ( \ T51V I r ' r iii X11- .� _•A�l \ i� ; lU �� 89O3 ' I ---\1 \ \\ �� Sublsia , a>yO 1 ch ` -N APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036 (33 CFR 325) Expires 30 June 1989 The Department of the Army permit program is authorized by Section 10 of the River and-Harbor Act of 1899,Section 404 of the Clean Water Act and Section 103 of the Marine,Protection,Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the United States,the discharge of dredged or Till material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of public record through issuance of a public notice. Disclosure of the information requested is voluntary;however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NUMBER (To be assigned by Corp) 3.NAME,ADDRESS.ANO TITLE OF AUTHORIZED AGENT 2. NAME AND ADDRESS OF APPLICANT Telephone no,during business hours A/C( 1 (Residence) A/C( ) (Office) Statement of Authorization: i hereby designate and authorize to act in my behalf as my Telephone no.during business hours agent In the processing of this permit application end to furnish,upon request. supplemental Information in support of the application. / A/C( I (Residence) SIGNATURE OF APPLICANT DATE A/C I 1 (Of/ice) 4.OETAI LED DESCRIPTION OF PROPOSED ACTIVITY 4e.ACTIVITY 4b, PURPOSE de. DISCHARGE OF DREDGED OR FILL MATERIAL ENG FORM 4345, Apr 86 EDITION OF APR 83 IS OBSOLETE (Proponent: DAEN-CWO-NI 890307 5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES,ETC.,WHOSE PROPERTY ALSO ADJOINS THE WATERWAY 8.WATERBOOY AND LOCATION ON WATE RBODY WHERE ACTIVITY EXISTS OR IS PROPOSED 7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED ADDRESS: STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION COUNTY STATE ZIP CODE LOCAL GOVERNING BODY WITH JURISDICTION OVER SITE 8. Is any portion of the activity for which authorization is sought now complete? O YES CI NO If answer is"Yes"give reemn,month and veer the activity was completed. Indicate the twisting work on the drawings. 9. List all approvals or certifications and denials received from other federal,interstate,state or local agendas for any structures,construction, discharges or other activities described in this application. ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL 10.Application is hereby made for permit or permits to authorize the activities described herein, I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief such information Is true,complete,end accurate. I further certify that I possess the authority to undertake the proposed activities or I am acting as the duly authorized agent of the applicant. -SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in Block 3 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statement or entry,shall be fined not more than 510,000 or imprisoned not more than five years,or both. Do not send a permit processing fee with this application. The appropriate fee will be assessed when a permit is issued. 890307 EP 1145-2-1 May 1985 United States Army Corps of Engineers Regu a y Program ApiJficant Information - - PLATTE RIVER RESIDENT OFFICE 93035. STATE-HIGHWAY-9S.It LITTLETON.C0330125-ky Ct 303-979-4120 MTGi64 09.0 TERRY-McKEE REGULATORY-BRANCH US Army Corps of Engineers Omaha District Rocky Mtn. Area rf, sien 89039,7 This Pamphlet Supersedes EP 1145-2-1, November le77 Page General Information Authority for the Regulatory Program 2 n Explanation of Some Commonly used Terms Questions That Are Frequentiv Asked 4 The Permit Application 6 6 General Typical Processing Procedure for a Standard Individual Permit 7 8 Evaluation Factors 9 Forms and Permits Instructions for Preparing an Application 10 12 Sample Application 14 Drawings 14 General Information Vicinity Map 14 Plan View 14 Elevation and/or Cross Section View 15 15 Notes on Drawings Sample Drawings 16 Divisions and Districts for Regulatory Activities(Map) 18 Locations of Regulatory Offices 20 890307 `, GENERALISORMATION• Authority for the RegulatoryJ Section 103 of the Marine Protection, 2 Program Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1413) The U.S. Army Corps of Engineers has authorizes the Corps of Engineers to been regulating activities in the nation's issue permits for the transportation of waters since 1890. Until the 1960's the pri- dredged material for the purpose of mary purpose of the regulatory program was dumping it into ocean waters. to protect navigation. Since then, as a result Other laws may also affect the processing of of laws and court decisions, the program applications for Corps of Engineers permits. has been broadened so that it now consid- Among these are the National Environmen- ers the full public interest for both the pro- tal Policy Act, the Coastal Zone Manage- tection and utilization of water resources. ment Act, the Fish and Wildlife Coordination The regulatory authorities and responsibili- Act, the Endangered Species Act, the ties of the Corps of Engineers are based on National Historic Preservation Act, the Deep- the following laws: water Port Act. the Federal Power Act, the El Section 10 of the Rivers and Harbors Marine Mammal Protection Act, the Wild Act of 1899 (33 U.S.C. 403) prohibits and Scenic Rivers Act, and the National the obstruction or alteration of navigable Fishing Enhancement Act of 1984. waters of the United States without a permit from the Corps of Engineers. ❑ Section 404 of the Clean Water Act (33 U.S.C. 1344). Section 301 of this Act prohibits the discharge of dredged or fill material into waters of the United States without a permit from the Corps of Engineers. 8903(1 0 Explanation of Some commonly Used Terms for major activities and may involve discus- sion of alternatives, environmental docu- ments, NationalEnvironmental Policy Act Certain terms which are closely associated procedures,-and development of the-scope with the reguiatory program are explained of the-data required when-an environmental briefly in thissection. If you need more impact statement is required. detailed definitions,-refer to the Code of Public Hearings may be held to acquire Federal Regulations (33 CAR Parts 320 informationand give the public the opportu- through 330) or contact a Corps district nity to present views and opinions. The regulatory office. Corps may hold a hearing orparticioate in Activity(ies) as used in this pamphlet joint public hearings with other Federal or includes structures (for example a pier, state agencies. The-district engineer may wharf, bulkhead, or jetty)and work (which specify in the public notice that a nearing includes dredging, disposal of dredged will be held. In addition.any person may material, filling,-excavation or other request in writing during the comment modification of a navigable water of the period that a hearing be held. Specific United States). reasons must be given as to the need for a Navigable Waterscif the United States are hearing. The district engineer may attempt those waters of the United States that are to resolve the issue informally or he may set subject to the ebb and flow-of the tide theTlate for-a public hearing. Hearings are shoreward to the mean high water mark held at times and places that are convenient and/or are presently used, or-have been for the interested public. Very few applica- used in the past or may be-susceptible to tions involve-a_public hearing. use to transport interstate or foreign tom- The Public Interest Review is the term merce. These are waters that are navigable which refers to the evaluation of_a proposed in the traditional sense where permits-are activity to-determine probable impacts. required for certain activities pursuant to Expected benefits are-balanced against Section 10 of the Rivers and Harbors Act. reasonably foreseeable detriments. All rele- This term should not be confused with the vant factors are weighed. Corps-policy is to term waters of the United States below. provide applicants with a timely and care- W-aters of the United States is a broader fully weighed decision which reflects the term than navigable waters of the United public interest. States defined above. Included are adjacent Public Notice is the primary method of wetlands and tributaries to navigable waters -advising interested publicagenciesand of the United States and other waters where private parties of the proposed activity and the degradation or destruction of which of soliciting comments and information could affect interstate or foreign commerce. nec-essary to evaluate the probable impact These are the waters wheregermits are on the public interest. Upon request, any- required for the discharge of dredged or fill one's name will be added to the distribution material pursuant to-Section 404 of the list-to receive public-notices. Clean Water Act. Waterbody is-a river, creek, stream, lake, Pre-application Consultation is one or pool,tay, wetland, marsh, swamp, tidal flat, more meetings between members of the ocean, or other water area. district ongineer's staff and an applicantand his agent or his consultant. A pre-application consultation is usually related to applications 890307 • M 4 Questions That Are serious consequences. You would be in Frequently Asked violation of Federal law and could face stiff penalties. including finesand /or Various questions are often asked about the requirements to restore the area. regulatory program. It is hoped that these Enforcement is an important part of the answers 'MO bolo you to understand the pro- Corps regulatory program. Corps surveil- gram better. lance and monitoring activities are often Q. When should I apply for a Corps permit? aided by various agencies,_groups, and individuals, who report-suspected viola- A. Since two to three months is normally tions. When in doubt as to whether a required to process a routine-application planned-activity needs a permit,-contact involving a public notice, you should the nearest district regulatory office. it apply as eariyas possiole to be sure could save a lot of unnecessary trouble you have all required approvals before later. your planned commencement date. For a large or complex activity that may take Q. How can I obtain further information longer, it is often helpful to have a "pre- about permit requirements? application consultation" or informal A. Information about the regulatory pro- meeting with the Corps during the early gram is available from any Corps district planning phase of your project. You may regulatory office. Addresses and tele- receive helpful information at this point phone numbers of offices are listed-at which could prevent delays later. When the back of this pamphlet. Information in doubt as to whether a permit may be may also be obtained from the water required-or what you need to-do, don't resource agency in your state. hesitate to call a district regulatory Q. Why should I waste my time and yours office. by applying for a permit when you prob- Q. I have obtained permits from local and ably won't let me do the work anyway? state governments. Why do I have to get A. Nationwide, only three percent of all a permit from the Corps of Engineers? requests for permits are denied. Those A. It is possible you may not have to obtain few applicants who have been denied an individualpermit,_depending_on the permits usually have refused to change type or location of work. The Corps has the design, timing, or location-of the pro- many general permits which authorize posed activity. When a permit is denied, minor activities without the need for indi- an applicant may redesign the project vidual processing. Check with your and submit a new application. To avoid Corps district regulatory office for infor- unnecessary delays pre-application con- mation on general permits. When a gen- ferences, particularly for applications for er-al_permit does-not apply, you may still major activities, are recommended. The be required to obtain an individual Corps will-endeavor to give you helpful permit. information, including factors which will Q. What will happen if I do work without be considered during the public interest getting a permit from the Corps? review, and alternatives to consider that may prove tote useful in designing a A. Performing unauthorized work in waters project. of the United States or failure to comply with terms of a valid permit can have 890307 • • 5 Q. What Is a wetland and what is its value? Q. How can I design my project to elim- A. Wetlands are areas that are perioaically hate the need for a Corps permit? cr permanently inundatediby surface or -A. If your activity is located in an area of grounc water and support vegetation tidal waters, the best way to avoid the adapted for life in saturated-soil. Wet- need for a permit is to select a site that lands include swamps, marshes, boos is above the-high tide line and avoids and-similar-areas. A significant natural wetlands or other waterbodies. In the resource, wetlands serve important func- vicinity of fresh water, stay above ordin- tions relating to fish and wildlife; food ary high water and avoid wetlands adja- chain production: habitat; nesting; cent to the stream or lake. Also, it is spawning; rearing and resting sites for possible that your activity is exempt and aquatic and land species: protection of does not need a Corps permit or that it other areas from wave action andero- has been authorized by a nationwide or sion; storage areas for storm and flood regional general permit. So, before you waters: natural recharge areas where build, dredger fill, contact the Corps • ground and surface water-are intercon- district regulatory office in your area for nected; and natural water filtration and specific information about location, purification functions. exemptions. and regional and nation- Although individual alterations of wet- wide general permits. lands may constitute a minor change, the cumulative effect of numerous changes often results in major damage to wetland resources. The review of applications for alteration of wetlands will include consideration of whether the proposed activity is dependent upon being located in an aquatic environment.. 890307 THEPERNIIII PPEICA1TON a 6 General The district engineer will begin to process your application immediately upon receipt of The application form used to apply for a all required information. You will be sent an permit is Engineer Form 4345, Application acknowledgement of its receipt and the for a Department of the Army Permit. You application number assigned to your file. can obtain the application from one of the You should refer to this number when Corps of Engineers district regulatory offices inquiring about your application. Your pro- listed in the back of this pamphlet. Some of- posal will be reviewed, balancing the need fices may use a slightly modified form for and expected-benefits against the probable joint processing with a state agency; how- impacts of the work, taking into considera- ever, the required information is basically tion all comments received and other rele- the same. It is important that you provide vent factors. This process is called the complete information in the requested for- public interest review. The Corps goal is to mat. If incomplete information isprovided, reach a decision regarding permit issuance processing of your application will be or denial within 60 days of receipt of a com- delayed. This information will be used to plete application. However, some complex determine the appropriate form of authoriza- activities, issues, or requirements of law tion, and to evaluate your proposal. Some may prevent the district engineer from meet- categories of activities have been previously ing this goal. authorized by nationwide or regional per- For any-specific information on the evalua- mits, and no further Corps approvals are tion process, filling out the application required. Others may qualify for abbreviated forms, or the status of your application, you permit processing, with authorizations in the should contact the regulatory branch of the form of letters of permission, in which a per- Corps of Engineers district office which has mit decision can usually be reached in less jurisdiction over the area where you plan to than 30 days. For other activities, a Public do the work. Notice may be required to notify Federal, state, and local agencies,adjacent property owners, and the general public of the propo- sal to allow an opportunity for review and comment or to request a public hearing. Most applications involving Public Notices are completed within four months and many are completed within 60 days. 890307 7 Typical-Processing Procedure-for a 7. Corps considers ail comments Standard Individual Permit 8. Other federal agencies consulted, if 1. ?reapplication consultation (optional) appropriate 2. Applicant submits ENG Form 4345 to 9. District engineer may ask applicant to district regulatory office* provide additional information 3. Application received and assigned icen- 10. Public hearing held, if needed tific-ation number 11. District engineer makes decision 4. Public notice issued (within 15 days of 12. Permit issued receiving all information) or 5. 15 to 30 day comment period depend- Permit denied-and applicant advised of ing upon nature-of activity reason 6. Proposal is reviewed** by Corps and: Public Special interest groups Local agencies State agencies Federal agencies *A local variation, often a joint federal-state application form may be submitted. "Review period may be extended if applicant fails to submit information or due to requirements of certain laws. 890307 • Evaluation Factors The tollowing general criteria will be consid- 8 • ered in the-evaluation of every application: The decision whether to grant or deny a E the relative extent of the public and pri- permit is based on a public interest review vate need for the proposed activity; of the probable impact of the proposed the practicability of using reasonable activity and its intended use. Benefits and alternative locations and methods to detriments are balanced by considering accomplish the objective of the pro- i effects on items such as: posed activity; and conservation the extent and permanence of the bene- economics ficial and/or detrimental effects which aesthetics the proposed activity is likely to have on general environmental concerns the public and private uses to which the wetlands area iseuited. cultural values fish and wildlife values Section 404(b) (1) of the Clean Water Act flood hazards • floodplain values If your project involves the discharge of food and fiber production dredged or fill material, it will be necessary navigation for the Corps to evaluate your proposed • shore erosion and accretion activity under the Section 404(b)(1) recreation guidelines prepared by the Environmental water supply and conservation Protection Agency. The guidelines restrict water quality discharges into aquatic areas where less energy needs environmentally damaging, practicable alter- safety natives exist. needs and welfare of the people considerations of private ownership • 890307 I Forms and Permits General Permits In many cases the tormai processing of a The following forms apply to the permit permit application is not required because or process: -general permits already issued to the public at large by the Corps of Engineers. These Application are issued on a regional and nationwide The form that you will need to initiate the basis. review process is ENG Form 4345 or a joint Separate applications may not be required Federal-state application that may be avail- for activities authorized by a general permit: able in your state. The appropriate form nevertheless, reporting may be required. For may be obtained from the district regulatory specific information on general permits, con- office which has jurisdiction in the area tact a district regulatory office. where your proposed project is located. ENG Form 4336 Individual Permits The third form. ENG Form 4336, is used to An individual permit may be issued as either assist with surveillance for unauthorized ENG Form 1721. the standard permit, or as activities. The form, which contains a a Letter of Permission. description of authorized work, should be posted at the site of an authorized activity. If E A standard permit is one processed the Corps decides it is appropriate for you through the typical review procedures, to post this form, it will be furnished to you (see page 7) which include public notice, when you receive your permit. opportunity for a public hearing, and receipt of comments. It is issued follow- Fees. Fees are required for most permits. ing a case-by-case evaluation of a $10.00 will be charged for a permit for a specific activity. non-commercial activity; $100.00 will be charged for a permit for a commercial or If work is minor or routine with minimum industrial activity. The district engineer will impacts and objections are_unlikel then • make the final decision as to the amount of it may qualify for a Letter of Permission the fee. Do not send a fee when you submit (LOP). An LOP can be issued much an application. When the Corps issues a more quickly than a standard permit permit, you will be notified and asked to since an individuai public notice is not submit the required fee payable to the required. The District Engineer will notify Treasurer of the United States. No fees are you if your proposed activity qualifies for charged for transferring a permit from one an LOP. - property owner to another, for Letters of Permission, or for any activities authorized by a general permit or for permits to govern- mental agencies. 890307 10 Instructions for b. Purpose. Describe the purpose, need Preparing an Application and intended use (public, private, com- mercial. or other use) of the proposed The instructions given below, together with the sample application and drawings, should facilities if any, to be constru fed on activity. Include a descripon of ed help in completing the required application adjacent land. Give the date you plan to form. If you have additional questions, do begin work on the activity and the date not hesitate to contact the district regulatory work is expected to be completed. office. c. Discharge Block Number 1. Application Number. If the activity t ill involve e d o r Fill the discharge Leave this block blank. When your corn- of dredged or fill material, describe the pleted application is received. it will be type (rock, sand, dirt, rubble, etc.), quan- assigned a number for identification. You tity (in cubic yards), and mode of trans- will be notified of the number in an acknowl- portation to the discharge site. edgement letter. Please refer to this number in any correspondence or inquiry concern- ing property owners, less Block 5. Names and se , tof c adioine ing your application. ees, etc. whose property adjoins the Block 2. Name and address of plete names, address waterbody. addresses and corn- Block zip codes of applicant(s). Fill in name, mailing address, adjacent property owners (both public and and telephone number(s) for all applicants. private), lessee, etc., whose property also The telephone number(s) should be a num- adjoins the waterbody or wetland, in order ber where you can be reached during busi- that they may be notified of the proposed ness hours. If space is needed for additional activity. This information is usually available names, attach a sheet of white, 81/2 x 11 at the local tax assessor office. If more inch paper labeled "Block 2 Continued." space is needed attach a sheet of white, Block 3. Name, address and title of auth- 81/2 x 11 inch paper labeled "Block 5 orized agent. It is not necessary to have an Continued." agent represent you: however, if you do, fill Block 6. Waterbody and location on in the agent's name, address, title and tele- waterbody where activity exists or is pro- phone number(s). If your agent is submitting posed. Fill in the name of the waterbody and signing the application. you must fill out and the river mile (if known) at the location and sign the Statement of Authorization in of the activity. Include easily recognizable Block 3. landmarks on the shore of the waterbody to Block 4. Detailed description of proposed aid in locating the site of the activity. activity. The written description and the Block 7. Location and land where activity drawings are the most important parts of the exists or isproposed. This information is application. If there is not enough space in used to locate the site. Give the street Block 4, (a), (b) or (c) attach additional address of the property where the proposed sheet(s) of white, 81/2 x 11 inch paper activity will take place. If the site does not labeled "Block 4 Continued." have a street address, give the best descrip- a. Activity. Describe the overall activity. five location (name or waterbody), names and/or numbers of roads or highways, name Give the approximate dimensions of structures, fills, excavations (lengths, of nearest community or town, name of county and state, and directions, such as 2 widths, heights or depths). miles east of Brown's Store on Route 105. 890307 3a;;;:. .-;:w3m tes7 u,.`dYd ,, A tAttt t #. .` ps` ,3• 4' frYi` - i 11 Tie a. ,licat prof and box is th, ttt .,1--,„n abc.. d in trier ay be app , . tv _.. _ten a.._ .it. 3.s.stt: _ Signature c„t_ • o=ir" rare -tit w€ �, ._. � lion :ons rt i-t r ,=djacer -•er, lesiee- r, person are . r � c ; ; Block 9, fitsr-nanon about gocrevals c>f denials Dv otrer caverntnem agencies. di cr t'� � as the aw a,, You may tees ad;.)-oval or e :catu n .cm Pt t-:e au )'icant I ne s.t;nature vui re other Federal. :nre state, state. Jr oo I �:'JV- unr_es ooa to be attirrraticr ;::o- emmen. age :ces -Dr the _c t: desc :red car--t assesses ire reouisi e �;.-ae�°rtV I er- es. _noertake tnec c 89+.r3C7 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 07(12-0036 I:1.1 CFR ,cal Expires 30 June 1986 The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899,Section 404 of the Clean Water Act and Section 103 of the Marine,Protection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the United States,the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of public record through issuance of a public notice. Disclosure of the information requested is voluntary;however,the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and inslrue(ions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NUMBER (To he assigned by Corp.ti 3 NAME,ADDRESS,AND TITLE OF AUTHORIZED AGENT None 2. NAME AND ADDRESS OF APPLICANT Telephone no.during business hours Fred R. Harris A/C( 1 (Residence) 852 West Branch Road A/C f 1 (Office) Blue Harbor, Maryland 2170 Statement of Authorization' I hereby designate and authorize to act in my behalf as my Telephone no.during business hours a agent in the processing of this permit application and to furnish,upon request, supplemental information in support of the application. A C 13011 585-2779 IReslden '1 IGNATURE OF APPLICANT DATE A C l I (Wheel 4 DETAILED DESCRIPTION OF PROPOSED ACTIVITY 45. ACTIVITY Build timber bulkhead and pier and fill. 4b.PURPOSE To provide boat access and prevent erosion of shoreline at place of residence. 4c. DISCHARGE OF DREDGED OR FILL MATERIAL Approximately 200 cubic yards of upland fill will he placed between new bulkhead and existing shoreline. ENG FORM 4345, Apr 83 EDITION OF 1 OCT 77 IS OBSOLETE (Proponent'. DAEN{WO-N) 12 890307 II 5.NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES,ETC.,WHOSE PROPERTY ALSO ADJOINS THE WATERWAY Mary L. Clark Harry N. Hampton 850 West Branch Road 854 West Branch Road Blue Harbor, Maryland 21703 Blue Harbor, Maryland 21703 (301) 585-8830 (301) 585-3676 6,WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED ( West Branch of the Haven River on Blue Harbor. IC T. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED ADDRESS: 852 West Branch Road STREET,ROAD,ROUTE OR OTHER DESCRIPTIV ATION King Edward, Maryland 21703 COUNTY STATE ZIP CODE Town of Blue Harbor -a LOCAL GOVERNING BODY WITH JURISDICTION OV NO 8.If any portion ofes the activity as for which authorization yrth is w " 'II'- '' dicers the existing work on the drawings. If answer is"Yes-give reasons,month and year the activity was c 9.List all approvals or certifications and denials received from other federal, inte stOr ocal agencies for any structures,construction, discharges or other activities described in this application v ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. D' O 'PP TION DATE OF APPROVAL DATE OF DENIAL Town of Blue 2 6/30/82 Harbor Zoning BH2S172 Md DNR Certification DNR258WQ 6/1 8/12/82 ify hat I am miliar th the information 10. tApplication is his application,eandythatto the best of t or pemits to my knoowledgeaand belief such`information is trud erein. I complete,tandtaccurate.faI further'certify that I possess theained en e authority to undertake the proposed activities or I em acting as the duly authorized agent of the applicant. St/ . \,aA1d-' Oct. 15, 1882DATE I NN�- ✓ —Y DATE SIGNATURE OF AGENT SIGNATURE OF APPLICANT The application must be signed by the person who desires to undertake the proposed activity (applicant)or it may be signed by a duly authorized agent if the statement in Block 3 has been filled out and signed. 19 U.S.C, Section 1001 provides that'. Whoever,in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious or fraudulent statement or entry,shall be fined not more than S10,000 or imprisoned not more than five years,or both. Do not send a permit processing fee with this application. The appropriate fee will be assessed when a permit is issued. 13 890307 DRAWN= 14 General Information to simplify locating the site from both the wateroody and from land. identify the Three types of drawings—Vicinity, Plan, and source of the map or cnart from which the Elevation—are required to accurately depict vicinity map was taken and. if not already activities (See sample drawings on pages 16 shown, add the following: and 17). location of activity site (draw an arrow Submit one original, or good quality cony. of showing the exact location of the site on all drawings on 81/2 x 11 inch white paper the map). (tracing cloth or film may be used). Submit latitude, longitude, river mile, if known, the fewest number of sheets necessary to and/or other information that coincides adequately show the proposed activity. with Block 6 on the application form. Drawings should be prepared in accordance name of waterbody and the name of the with the general format of the samples, larger creek, river, bay, etc., that the using block style lettering. Each page waterbody is immediately tributary to. should have a title block. See check list below. Drawings do not have to be-prepared L. names, descriprcns and location of by an engineer, but professional assistance landmarks. may become necessary if the project is El name of all applicable political (county, large or complex. parish, borough, town, city, etc.) juris- Leave a 1-inch margin at the top edge of dictions. each sheet for purposes of reproduction and 0 name of and distance to nearest town, binding. community, or other identifying loca- In the title block of each sheet of drawings bons. identify the proposed activity and include ❑ names or numbers of all roads in the the name of the body of water; river mile (if vicinity of the site. applicable); name of county and state; name E north arrow. of applicant; number of the sheet and totalLI -scale. number of sheets in set; and date the draw- ing was prepared. Plan View Since drawings must be reproduced, use heavy dark lines. Color shading cannot be The plan view shows the proposed activity used; however, dot shading, hatching, or as if you were looking straight down on it similar graphic symbols may be used to from above. Your plan view should clearly clarify line drawings. show the following: ❑ Name of waterbody (river, creek, lake, Vicinity Map wetland, etc.) and river mile (if known) at location of activity. The vicinity map you provide will be printed in any public notice that is issued and used ❑ Existing shorelines. by the Corps of Engineers and other review- ❑ Mean high and mean low water lines ing agencies to locate the site of the pro- and maximum (spring) high tide line in posed activity. You may use an existing tidal areas. road map or U.S. Geological Survey • ❑ Ordinary high water line and ordinary topographic map (scale 1:24,000) as the low water line if the proposed activity is vicinity map. Please include sufficient details located on a non-tidal waterbody. 890307 • 15 Average water depths around the Water depth at watenvard face of pro- posed activity or. if dredging is pro- Dimensions of the activity and distance posed, dredging and estimated disposal it extends from the high water line into grades. the water. 7. Dimensions from mean high water line Distances to nearby Federal projects, ;f (in tidal waters) for proposed fill or float, applicable. or high tide line for pile supported plat- form. Describe any structures to be built Distance between proposed activity and navigation channel, where applicable. on the platform. Cross section of excavation or fill. Location of structures, if any. in navigable waters immediately adjacent inctuding approximate side slopes. to the proposed activity. Graphic or numerical scale. Principal dimensions of the activity. Location of any wetlands (marshes, swamps, tidal flats, etc.) L. North arrow. Notes on Drawings" , Scale. Names of adjacent property owners who may be affected. Complete names and If dredged material is involved, you must addresses should be shown in Block 5 describe the type of material, number of on ENG Form 4345. cubic yards, method of handling, and the location of fill and spoil disposal Legal property description: Number, numb area. The drawing should show pro- of subdivision, nsh and lot posed retention levees, weirs, and/or number.(i Section, Township and Range • other means for retaining hydraulically of essmant. from plot, deed or tax placed materials. assessment. Mark the drawing to indicate previously ❑ Photographs of the site of the proposed completed portions of c et activity are-riot required; however, pic- tures are helpful and may be submitted Elevation and/or as part of any application. Cross Section View The elevation and/or cross section view is a scale drawing that shows the side, front, or rear of the proposed activity. If a section view is shown, it represents the proposed structure as it would appear if cut internally for display. Your elevation should clearly show the following: C Water elevations as shown in the plan view. 'Drawings should be as clear and simple as possible(i.e., not too "busy)). td90307 ., s SAMPLE DRAWINGS FOR A PERMIT APPLICATION NOTE_ THE DRAWINGS SUBMITTED NEED NOT HE PREPARED BY A PROFESSIONAL DRAFTSMAN AS IN THESE SAMPLES. I6 a -3 4-15-$ NOTE -;11 - JHANNEL IS APPROX 1000 FEET gi Y 6 0 O Ii °ROM PROPOSED PIER BB v° II SAW PEN ��p IS POINT PQ A .. PROPOSED P'ER AND 4 �� ton__ I'FROM li 346+ MOORING :N GS '�C0 D N "a M' N TO Oen 2 'Yc". t° .Z i `a � UP PIER_ �':? -3 A99 0�? PIN 28' ��\\ goy 4.O ya2 0 273.00 -2 9 LOCATION :</--\ 8 RETURN 2/' \ \ 9p rry WALL F2 43' 3?) c'S, A ''_ �,6 •/IriNITY MAP • 9 -2 F9 0 !000 2000 3000 35 \ I 'F--34i k---- A A, SCALE IN FEET -- s0. FROM BLUE HARBOR • STREET MAP O 20'0 OAK TREE \ K\ -i WITH NAIL AND >S LOT 26 RED MARKER S' Y °5'30 ♦ I \ LOT 25 \"' \ Y y 8. RETURNI---� MHW PROPOSED BULKHEAD WALL PIN R 1801 AND FILL 0 182.00 \TOP OF APPROX. EXIST BANK LOT 24 1," 1, NOTES: IA - -'1i I. ALL DEPTHS BASED ON MDR. 0.00 FT. 2. FILTER CLOTH WILL BE F USED BEHIND BULKHEAD 3 852 w 3. BULKHEAD TO BE PLACED _ f BEHIND FRINGE WETLANDS 0 W w m 4. APPROX. 200 CU. YDS. OF N N O W v UPLAND FILL m -m inn O M i.-)- 6 O N 0 N 2 J 5 O R o co io N Ilk 118.00' WEST BRANCH RD. PURPOSE: PREVENT EROSION AND PROVIDE BOATING PLAN VIEW PROPOSED BULKHEAD PIER ACCESS 0 40 80 AND FILL DATUM: MLW ADJACENT PROPERTY OWNERS: InniCnnzi. - 40' IN: WEST BRANCH HAVEN RIVER I. MARY L. CLARK FRED R. HARRIS AT: BLUE HARBOR 2. HARRY N. HAMPTON 852 WEST BRANCH ROAD COUNTY OF! KING EDWARD STATE:MD 3. BLUE HARBOR, MD 21703 APPLICATION BY: FRED R.HARRIS SHEET I OF 2 DATE 10-16-82 REV. 11-28-82 890307 1 I17 (PILES ON 61 CENTERS O 7 MOORING PILINGS '0 BE LEFT STANDING 4 > ON IO CENTERS TO BE ABOVE DECK LE T STANDING PROPOSED BULKHEAD AND FILL 41 7! ABOVE MHW 5 It/� 2' X 6 DECK3I 5/8 d NUTS AND BOLTS I ' /JI 1 ' 2 X 8 CAPS IL,...-El -El 144' ✓/ AND STRINGERS —MHW �< 71I1 10� I0 *IA..--I0 2B GbV Cc.� - MLW -- ___-- APP00 125 _RO0.k BOTTOM__ e' 0PILE BULKHEAD I LPILE ,, —14. PILING 16' 16' LONG hs' 201 LONG 25 L'?NG PILE WITH !0' WITH 12' WITH II" IN �I IN GROUND ,IN GROUND GROUND AB �� L SECTION A—A —� -L 4 0 4 8 DENOTES DIAMETER FILL AREA VARIES 211X 8" CAP FROM I' TO 4' PROPOSED GRADE 2"XS WALES 2-OUTSIDE I-INSIDE i TOP AND BOTTOM �__k== IUPLAND FILL 8"Ø PILINGS UN 6 CENTERS 6 POINT 7' TO 9 ON BUTT I/2"020ROD _J I 5/B'0 NUT—BOLTS _ _ _MHW �� +2.8; DAD MNPILE 8A(JjXB FILTER CLOTH � Avo � , I 21 XIOn TONGUE 161 _ MLW a GROOVE SHEET —•• —- — • • 0.00 SECTION B-B PILING 10' NOTE: LENGTHS I. ALL TIMBER(INCLUDING PIER) PRESSURE AND CHEMICAL TREATED 2. ALL HARDWARE(INCLUDING PIER)HOT DIPPED GALVANIZED — 3. BULKHEAD TO BE PLACED BEHIND CONSTRUCTION DETAIL PROPOSED BULKHEAD: H...----I6.-FRINGE WET LANDS 4.APPROX. 200 CU. YDS.OF UPLAND FILL ELEVATION WITH 5'ABOVE AND 4 0 4BELOW SURFACE PROPOSED BULKHEAD PIER 1 PURPOSE: PREVENT EROSION AND SECTION VIEWS AND FILL 1PROVIDE BOATING ACCESS DATUM. MLW FRED R. HARRIS IN: WEST BRANCH HAVENH2I VER ADJACENT PROPERTY OWNERS: 852 WEST BRANCH ROAD AT: BLUE HARBOR I. MARY L. CLARK BLUE HARBOR, MD 21703 COUNTY OF- KING EDWARD STATE:MD 2. HARRY N. HAMPTON APPLICATION BY: FRED R.HARRIS 3. SHEET 2 OF 2 DATE 10-16-62 REV. II-28-82 890307 DLVISIONSANalDI •• CT FOR REGU ATC '' AC+TIVITIE ANCHORAGE SEATTLE NORTH PORTLAND PACIFIC NORTH PACIFIC A WALLA WALLA MISSOURI RIVER I I 1 I -1- OMAHA SACRAMENTO I • \ SAN FRANCISCO SOUTH PACIFIC I KANSAS CITY I I • TULSA LOS ANGELES - _ LITT - LE f / ALBUQUERQUE I ROCK I � SOUTHWESTERN FORT WORTHA HONOLULU �� PACIFIC OCEAN D°u °S GALVESTON ■ DIVISION AND DISTRICT HEADQUARTERS • DIVISION HEADQUARTERS A DISTRICT HEADQUARTERS - STATE BOUNDARIES DISTRICT BOUNDARIES 18 890307 • 4 is • e i 1 4 i F , 1:\? 1.-Th-,„___,..„* NEW ENGLAND s c--- WALT-HAM 1 i ST. PAUL '-/ 4 3UFFALO 1 NORTH CENTRAL DETROIT 1 CHICAGO 1 NEW YORK PHILADELPHIA 'NORTH x ROCK ISLAND ATLANTIC Y•/ } I 1 •PITTSBURGH -/+f BALTIMORE i. \ I CINCINNATI U � it HUNTING1O NORFOLK ; r RIVER LOUISVILLE ST. LOUIS I - NASHVILLE 1 WILMINGTON MEMPHIS • ATLANTA CHARLESTON t SOUTH ATLANTIC SAVANNAH • _—'�a VICKSBURG MOBILE A JACKSONVILLE ANEW ORLEANS ILOWER I MISSISSIPPI t VALLEY SOUTH ATLANTIC Note. In Iowa the eastern bank of the Missouri River is regulated-by the Omaha office. 890307 19 La'' ' T1•N • ' EGiU, ' A0M. FF� Address correspondence to: The District_Engineer U.t.-Army Engineer District Please include attention 20 line in address. ALASKA DET-ROIT LITTLE ROCK P.O. Box 898 P.O. Box 1027 P.O. Box 887 Anchorage,-AK Detroit, MI 48231-1027 Lithe Rock. AR 99506-0898 Attention: NCECO-L 72203-0867 Attention: NPACO-RF 313/226-2218 907/753-2712 Attention: SWLLU-P Attention: with 501/378-5295 ALBUQUERQUE Michigan P.O. Box 1580 LOS ANGELES FT. WORTH P.O._Box 2711 Albuquerque, NM P.O. Box 17300 Los Angeles, CA 90053-2325 87103-1580 Ft. Worth, TX 76102-0300 Attention: SPLCO-1R Attention: SWACD-OR Attention: SWFDD-O 213/688-5606 505/766-2776 817/334-2681 BALTIMORE GALVESTDN LOUISVILLE P.D. Box 1715 P.O. Box 59 P.O.Box 1229 Louisville, KY 40201-0059 Baltimore, MD 21203-1715 Galveston, TX77553-1229 Attention: NABDP-R Attention: ORLDP-F Attention: SWGCD-R 502/582-452 301/962-3670 409/766-3925 Joint application with Joint application with New York, Maryland HUNTINGTON Illinois BUFFALO 5028th Street MEMPHIS Huntington, WV 25701-2070 Clifford Davis Federal 1776 Niagara Street Attention: ORHOP-F Building Buffalo, NY 14207-3199 304/529-5487 Room+3-202 Attention: NCBCD-S Jointapplication with Memphis, TN 38103-1894 716/876-5454 x231 x2313 West Virginia Attention: LMMCO-G Joint-application with 901/521-3471 New York HONOLULU CHARLESTON Building 230, Fort Shatter Joint application with Honolulu, HI 96858-5440 Missouri, Tennessee, P.O. Box Attention: PODCO-O Kentucky Charleston, SC 808/438-2258 MOBILE 29402-0919 Attention: SACCO-P JACKSONVILLE P.O. Box 2288 803/724 4330 P.O.Box 4970 Mobile, AL 36628-00001 Jacksonville, FL -32232-0019 Attention:-SAMOP-S CHICAGO Attention: SAJRD 205/690-2658 21-9 S.Dearborn Street -904/791-1659 Joint application with Chicago, IL-60604-1797 Joint application with Mississippi Attention: NCCCO-R Florida, Virgin Islands NASHVILLE 312/353-6428 P.O.Box 1070 Joint applic-ation with KANSAS CITY Illinois 700 Federal Building Nashville, TN 37202-1070 6O1 E.-12th Street Attention: ORNOR-F Kansas City, MO 64106-2896 61-5/251-5181 Attention: MRKOD-P Joint application withTVA, 816/374-8645 Tennessee, Alabama °U.S. GOVERNMENT PRINTING OFP[^r.: ran _, 890307 e 17,,,.44-4 get j is 5 . ' , a z ,„.1 A. . ll:-t ++4 )c,' i1i 1r� 'n �`£t F !' ≥.- 2 1, �, ` ' ` lug i NEW ORLEANS ROCK ISLAND P.O. Box /50267 ClcK -sower 30. iirg New Cocafs, LA ROCK Islanc, _ ,1201-2004 70160-026-. Attention: NCR( i3-S Attention: LMNOD-S 309/788-6361 x6:!i7C y r. 504/838-2255 Join' awlicatron .vrth NEW YORK Illinois VICKSFLRV 26 Federal Plaza SACRAMENTO „ r.K , r, .,.ft New York. NY 10278-0090 650 Capitol Mall Atte , L".`* Attention: NANOP-R Sacramento, CA 95814-4794 601/634-5 :: 212/264-3996 Attention: SPKCC O Joint 3p r�:; - NORFOLK 916/440-2842 /lM1ississri;p' 803 Front Street ST. LOUIS WALLA WALLA Norfolk, VA 23510-1096 210 Tucker Bivd., N Building 602 Attention: NAOOP-P St. Louis, MO 63 i01-1986 Cit Coun a r o '2 Y �� ' `"-r 804/446-365 Attention: LMSOD-F Walla Walla. WA \ Joint application with 314/263-5703 99362-9265 .\ Virginia Joint application with Attention: NAWOP"RP OMAHA Illinois, Missouri 509/522-6718 P.O. Box 5 ST. PAUL Joint application with Omaha, NE 68101-0005 1135 USPO & Custom Idaho Attention: MROOP-N House WILMINGTON 402/221-4133 St. Paul, MN 55101-1479 P.O. Box 1890 PHILADELPHIA Attention: NCSCC-RF Wilmington, NC U.S. Custom House 612/725-5819 28402-1890 2nd and Chestnut Street SAN FRANCISCO Attention: SAWCO-E Philadelphia, PA 211 Main Street 919/343-4511 19106-2991 San Francisco, CA 94105-1905 Joint application with North Attention: NAPOP-R Attention: SPNCO-R Carolina 215/597-2812 415/974-0416 PITTSBURGH SAVANNAH The Division Engineer Federal Building U.S. Army Engineer P.O. Box 889 Division 1000 Liberty Avenue Savannah, GA 31402-0889 Pittsburgh, PA 1 5222-41 86 Attention: SASOP-F NEW ENGLAND Attention: ORPOP-F 912/944-5347 424 Trapelo Road 412/644-4204 Joint application with Waltham, MA 02254-9149 µ; Joint application with Georgia Attention: NEDOD-R ki p.: New York 617/647-8338 SEATTLE Joint application with PORTLAND P.O. Box C-3755 Massachusetts, Maine P.O. Box 2946 Seattle, WA 98124-2255 Portland, OR 97208-2946 Attention: NPSOP-RF stti'. Attention: NPPND-RF 206/764-3495 503/221-6995 Joint application with Idaho Joint application with Oregon C -p. RTIFICAT € 0 -F MAILING I hereby certify that I have placed a true and correct copy oT the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #USR-875 for Hall-Irwin Construction Company (Herbst Pit) in the United States Mail postage prepaid First Class Mail by postal card as cddressed on the attached -list. This 7th day of March, 1989. �. v... C.13r c ;� T0: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld Ccunty Planning Commission will hold a public hearing on -Tuesday, March 7, 1989, at 1 :30 -p.m. in the County Dommissioners' Hearing -Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NU4:BUR: USR-875 APPLICANT: Hall-Irwin Construction Company, (Herbst £it) REQUEST: Site specific development plan and a special review permit for EM open pit -mining and materials processing facility. LEGAL: Part of the DWI and part of the SWi and -part of the NE} of Section 31, TON, P66W of the 6th I.M. , Weld County, !, Colorado LOCATION North of and adjacent to Weld County Road -62-1/4 -and east oT and adjacent to Weld County Road 23. For more information call Keith A. Schuett, Current -Planner. WELD COUNTY -DEPARTMENT OF PLANNING SERVICES 915 1Dth Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 8903Q7 HALL-IRWIN CONSTRUCTION COrlANY (HERBST PIT) USR-875 SURROUNDING PROPERTY AND MINERAL OWNERS Richard A. -Perchlick Heirs of Kathy E. Dean 1010 9th Avenue Greeley, CO 80631 A. H. and Sons Le Beau 11651 Weld County Road 62 Greeley, CO 80631 Daniel T. and Janet D. Turner 11820 Weld County -Road 62 Greeley, CO 80631 Mary M. T1gges 12404 Weld County Road 64-1/1 Greeley, CO 130631 Wilbert W. and M. Ruth Firestien 3S053 Weld County Road 27 Greeley, CO 80631 hall-Irwin Construction Company 3026 Fourth Avenue Greeley, CO 80631 Eighty-Third Joint Venture Y.O. Box 3178 Greeley, CO 80631 Ruby Grace Lowe c/o Russell Billings 1727 71st Avenue Greeley, CO 80634 Amoco _Production Company Amoco Building 1670 Bradway Denver, CO 80200 89O307 DEPA( -1T OF PLANNING SERVICES ST PHONE(303)356-4000 EXT. 4400 � 915 10th STREET ' r' ,� Y "'^---:-. GREELEY, COLORADO 60631 I Yf J , OB,A LO February 7, 1989 Nall-Irwin Construction. Company Box 649 Greeley, CO 80631 Re: USR-875 - Request for a site specific development plan and a special review permit for an open pit mining and materials processing facility on a parcel of land described as part of the NW , part of the SW? and pert of the NEB of Section 31 , TEN, R66W of the 6th P.M. , Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, March 7, 1989, at 1 :30 p.m. This meeting will take place iv the County Commissioners` Fearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative he in attendance to answer any questions the Planning Commission members night have with respect to your application. - - - It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Plea-se call Steve Hill at 353-6123 for further details regarding the date, time and place of this meeting. It is recommended that you end/or a representative he in attendance at the City of Greeley Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least ten (10) days preceding the hearing date. Sometime prior to February 21 , 1°E9, you or a representative should call me to obtain a sign to be posted on the site no later than February 24, 1989. 590307 Hall—Irwin Construction Company USR-875 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, • Keith A. Schuett �- Current Planner ' RAs:do enclosure pc Tuttle, Applegate, and Rindahl, Inc. Attention: Gary Tuttle 11990 Grant Street , Suite 410 Denver, CO 80233 890307 HALL-IRWIN CONSTRUCTION COMPANY HERBST PIT APPLICATION FOR A USE BY SPECIAL REVIEW PERMIT WELD COUNTY , COLORADO FEBRUARY 1983 TUTTLE APPLEGATE 'ttt'AHL INC Consultants for Land and Resour.,Ltvelopment 89C3(.:77 • ArIM Mire Erg= Nee tea TUTTLE APPLEGATE RINDAHL, INC. Consultants for Land and Resource Development February 1 , 1989 -Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE : Herbst Pit, Use by Special -Review for -a Mining Operation Dear Mr. Schuett: With this letter we are requesting a Use ty Special Review for a Mining Operation within the agriculture zone . We are including for your use the complete Regular Operations application for a 112 permit at administered by the Colorado Mined Land Reclamation Division. This application will fully describe our proposed use of mining and the final reclamation at proposed. Any additional information as requested by Weld County Procedural tuide will be addressed in this letter. Please _find enclosed a completed application and application fee . The proposed mining operation is consistent with the Weld County Comprehensive Plan. The pit is located within the urban growth boundaries and is a necessity to provide construction -materials for the predicted growth in the County. A portion -of the proposed site is located on prime -farm land. Within the mining area, the amount -of irrigated farmland affected by -mining is reduced as much as possible . Approximately -40% of this farmland is returned to agriculture in the reclamation plan. 1'he reclaimed after use is wildlife habitat which is compatible with agriculture and will contribute to recreational opportunities opportunities in the County. This operation will not adversely impact the agricultural economy of the County and the water rights of other irrigation users -will be protected. The Reclamation Plan shows the phase of mining along the County road will sot be mined to its lull potential to allow reclamation as pastureland. This reclamation scheme is consistent with existing land uses as well as anticipated proposed land uses. Agriculture is presently found surrounding the property, with oil and gas wells located across the Cache LaPoudre River to the north. The reclamation of the pit is proposed as ponds, for use as a wildlife habitat. This type of use is encouraged by the County in floodplain areas. The applicant will comply with all conditions of State and local permits thus insuring the protection of the -health, safety, and welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air -quality, water quality, noise, on-site mine safety, and reclamation. 890307 • 119-90 Grant Street Suite 410 Denver, Colorado -80233 452-6511 TUTTLE APPLEGATE RINDAHL, INC. r Consultants for Land and Resource Development Weld County Department of Planning Services February 1 , 1989 Page 2 Noise from the processing site equipment is not considered to be of a concern. The closest processing site is a minimum of 500 feet from Weld County Road 62-1/2 . This distance will adequately dissipate any noise which could be louder than the noise created by vehicles on the gravel road. The nearest residence not owned by the applicant is 1 , 600 feet away. At this distance all noise will be less than the agricultural noise standards developed by the State Department of Health. Compatibility with -surrounding land uses is insured by location and setbacks. To the west, north, and east exist agricultural lands which are not affected by the proposed operation. To the south, on the south side of WCR 62 , exists one farmstead residence but mining setbacks safely separate the house from the operation. In order to minimize the visual impact of the operation, the mining is divided up into specific small scale phases. These phases will limit the amount of disturbed ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular phase the reclamation will begin, which includes the planting of trees. More trees will be re-established on the site than presently exist. In addition, all the trees along the oxbow of the river will remain within the 150 foot setbacks. The pit is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA) and shown on the Flood Insurance Rate Map (FIRM) . The north and eastern portion of the site are shown in a zone designated as Zone A, "areas of 100-year flood; base flood elevations and flood hazard factors not determined" . The south and west portions of the site are not located in the floodplain as defined. The operator will comply with Section 53 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. Stockpiles will be aligned in the same direction of the stream flow, therefore, minimizing the potential to increase the depth of backwater from the site. The stockpiles will be located in areas of minimal floodwater depth, therefore, reducing the potential of altering the water course and reducing the potential of the materials becoming buoyant and leaving the site . 690307 . Y TUTTLE APPLEGATE RINDAHL, INC. rrr Consultants for Land and Resource Development Weld County Department of Planning Services February 1 , 1989 Page 3 The Regular Operations application discussed the availability of water for process washing and the availability of water rights for supplemental water for consumptive use as determined in the augmentation plan already submitted to the Water Court. Drinking water on-site will be provided by the operator in the form of bottled water. The operator has an existing road improvements and maintenance agreement approved with the County for the existing 110 mining permit on the same parcel of land. A copy of this agreement is enclosed with this letter. The expansion of the pit as proposed in this application will not alter the agreement in any manner. The owner will abide by the same agreement; using the same haul roads as defined and maintaining the roads as described. Cordially, TUTTLE APPLEGATE RINDAHL, INC . n'(O _Gary J. Tuttle GJT/cr Encs. cc: File #88-159LS 8®va3•' WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Service-s, 915 - 10th Street, Greeley, Colorado, Phone 356-4000 , Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date : Section: , Township: North, Range : West Zoning District: Recording Fee : -Permit Fee: Recording Fee Receipt # : Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1 . I (we ) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal , borrowpit, etc . ) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Part of Section 31, Township 6 North, Range 66 West of the 6th PM, Weld County, Colorado. 2 . Surface owner( s) of area of land described Name : Hall-Irwin Const.Co.Address:Box 649, Greeley,COPhone : 352-6057 Name : Address: Phone : 3. Owner( s) of mineral rights to substance to be mined Name :Hall-Irwin Const. Co.Address:Box 649,Greeley,CO Phone : 352-6057 Name : Address: phone : 4. Source of applicants ' legal right to enter and to mine on the land described:Legal Deed - Exhibit 0 5. Address of applicant and general office Applicants Address: P.O.Box 649, Greeley, CO Phone : 352-6057 General Office Address: 3026-4th Ave. ,Greeley Phone: 352-6057 -6 . Identify any prior permits for mining held by applicant or affiliated person: State of Colorado, Mined Land Reclamation Division, #M-86-031, 110 Permit 8903C7 7 . ]Descripti-on of Operation a. Types and number of operating and -processing equipment to be _employed: Screen plant-1 , washer - 1, front loader - 1 axravatnr - 1 b. Maximum number of employees: 4 , and number of shifts: 1 c. Number of -stages to be worked: 10 , and periods of time each As to be worked: See Table 2 - Enclosed d. Thickness of mineral deposit: 5-11 feet, and thickness of the overburden: 2 ' -4 ' . e . This will be a wet/dry pit operation. f . Site entrance/exit points and county roads and bridges to be utilized between site and delivery point( s ) (must be coordinated with County Engineer) : V-ehicular traffic shall ingress and egress onto Weld County Road 62 as shown on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress east to Weld County Road 27 and south to U. S . Highway 34 or north to Weld County Road 64 . In accordance with the road improvement and maintenance agreement as agreed upon for the 110 permit. 8. Description of Rehabilitation a. Proposed rehabilitation land use ( s ) : Pastureland and ponds b. Source of technical advice for reclamation: Colorado Division of Wildlife and Soil Conservation Service c. Explanation of Reclamation Process: Side slopes graded to no steeper than 3: 1 . Shorelines seeded and additional trees planted as shown in Exhibit F . 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 ' ,//// 7 STATE OF Colorado Signature : Owner/Auth zed Agent Subscribed and sworn to before me this 26th day of January 19 89 SEAL �i�e. G �i2 NOTARY PUBLIC/ My Commission expires: October 10, 1989 890307 CDUNTY OF WELD, STATE OF COLORADD ROAD IMPROVEMENTS AND MAINTENANCE AGREEEMENT • THIS AGREEMENT , by and between the _COUNTY OF WELD, STATE OF COLORADO, hereinafter -called "County" and -Hall-Irwin Construction Co. hereinafter called "Operator" , is made and entered this day of , 19 WHEREAS, Operator has been issued a Use by Special Review Permit for an open-cut gravel mine located in Section 31, Township 6 North, Range 66 West of the 6th Principal Meridian; and WHEREAS, The County and Operator have reviewed proposed improvements to the existing county road and acknowledged they will enhance the access- ibility and safety of the haul route to the above mentioned gravel pit. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Operator mutually agree as follows: 1. Vehicular traffic shall ingress and egress onto Weld County Road 62 as shown on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress east to Weld County Road 27 and south to U.S. Highway 34 or north to Weld _County Road 64. 2. The road improvements specified herein will be achieved when the daily average of sand and gravel transported from the site exceeds 500 tons per day, Operator will be responsible for dust control on road from the time sand and gravel begins to be transported from the site until the road improvements are complete. 3. The Owner agrees to improve Weld County Road 62, portion of the designated haul route with six (6) inches of Class 6 aggregate base course. 4. The Owner agrees to adequately repair any damage on the entire haul route as described above that is created by heavy truck traffic hauling from the Owner 's gravel pit. 5. The Owner will be responsible for providing adequate dust abatement along Weld County Road 62. Maintenance will consist of regular grading to keep the surface reasonably smooth and the control of dust by the use ofwater, oils, or other commercially available chemicals. T-he County will be responsible for all other aspects of maintenance, such as culverts and signs. 59030 7 HERBST PIT - USE BY SPECIAL REVIEW OPERATION POLICIES -COMPLIANCE WITH SECTION 44 . 4 1 . As shown in our mining plan, setbacks from the noun-dary of the Use by Special -Review area are a minimum 52 feet. Setback from the Cache LaPoudre is 100 feet to protect the river channel. The nearest house is -over 200 feet from any mining and is owned by the applicant. The Sharktooth Mater pipeline will be relocated and a permission letter from the company is included in our application. 2 . Operations Mill be conducted during daylight hours. As noted in this Section, some administration and repair may be completed after dark. 3. Weeds and other unsightly plants will be cut on the property. Areas undergoing reclamation will also be perio-dically cut in order to discourage weed growth. 4 . As noted on the Mining Plan, the trees along the oxbow o₹ the river will be preserved within a 150 foot setback. 5 . Access to the property mill be from Weld County Toad 52-1/2 . This is a farm road with only one other residence along it. Enclosed with our application is an agreement with the Weld County Toad and Bridge Department regarding maintenance of the road. 6 . The above mentioned agreement with the Weld County Road and Bridge Department addresses threshold points after which dust abatement must be performed on the roads. 7 . This operation will occur in mainly an agricultural area with only one other residence nearby. 'fhe property is presently fenced with barbed wire which is deemed sufficient for the security and the minimization of hazardous situations. 8. The Mining Plan indicates areas for the stockpiling of topsoil to -be re-spread over the disturbed areas not in water surface. Adequate topsoil will be retained in order to establish an adequate grass cover. 9. The Mining Plan shows the four (4 ) locations for the processing sites ( rock crushers, screens, and washers) . Each of the sites is sufficiently set back from the property -boundaries so negative impacts of noise and dust may be avoided. 890307 -10 . Hall-Irvin -does carry general business liability insurance to the extent of not less than $120,000 .00. 11 . This mining operation will -not cause injury to vestexl or conditional water rights along the river. The source of water is a permitted well by the Colorado State Engineer. The -District Court for Water Division I is presently reviewing the filed augmentation plan. 8903`%7 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property HERBST PIT; T6N, R66W, Section 31 ; Weld County, CO 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 , addr-esses and the corresponding Parcel Identification Number assigned ty the Weld County Assessor of the owners of property (the surface estate) within • five hundred (300) feet of the -property subject to the application. -This list was compiled from the records -of the Weld County -Assessor, a-.- &.r•eenerstrip --.4.42,4414—s_:. title or abctrarf f•nm(la t' Jar ttc o?y, derived from—Ed-nth—retort, or- f,our U'c , tw, do of U t ltcld County Clerk and Rotei-dts. The list compiled from the recor- s of the Weld County Assessor shall have been assembled within thirty (3O) days of the application submission _date. The foregoing instrument was subscribed and sworn to before one this L day , 19 6y C c� -� ' WITNESS -my hand and official seal . My Commission expires: o9 - Qq-'10 CL 890307 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET PERCHLIK, Richard A. , Heirs of 80736000036 c/o Kathy E . Dean 1010 - 9th Avenue Greeley, CO 80631 LE BEAU, A. H. & Sons 80736000027 11651 Weld County Road 62 Greeley, CO 80631 TURNER , Daniel T . & Janet D. 80736000022 11820 Weld County Road 62 Greley, CO 80631 TURNER, Daniel T . & Janet D. 80531000004 11820 Weld County Road 62 Greeley, CO 80631 TIGGES , Mary M. 80531000016 12404 Weld County Road 64 1/2 Greeley, CO 80631 FIRESTIEN, Wilbert W. & M Ruth 80531000015 39053 Weld County Road 27 Greeley, CO 80631 HALL-IRWIN CONSTRUCTION COMPANY 80531000005 3026 Fourth Avenue Greeley, CO 80631 HALL-IRWIN CONSTRUCTION COMPANY 80531000041 3026 Fourth Avenue Greeley, CO 80631 SHARK 'S TOOTH PIPELINE COMPANY, Exempt R.O.W. EIGHTY-THIRD (83RD) JOINT VENTURE 80531000058 P. 0 . Box 3178 Greeley, CO 80633 LOWE, Ruby Grace 80531000059 c/o Russell Billings 1727-71st Avenue Greeley, CO 80634 8903' AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property HERBST PIT; T6N, 166W, Section 31 ; weld County, CO 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. The foregoing instrument was subscribed and sworn to before me this 26th day of January , 1989 By Bret Hal -WITNESS my hand and official seal . My Commission expires: 10/10/89 Notary Public, )2(2) 890307 - Mineral Owner of Sand, Gravel , and Unclassified Soil : Hall Irwin Construction Company P. O. Box 649 Greeley, CO 80632 Oil , Gas, and Mineral Leasee: Amoco Production Company Amoco Building 1670 Broadway Denver, CO Information from a Policy of Title Insurance issued by: Stuart Title Guaranty Company Policy No. 0-9941-40312 on December 30, 1987 . 99030;7 EXHIBIT A LEGAL DESCRIPTION FOR HERBST PIT The Northwest Quarter of the Northwest Quarter (NW1/4 N-W1/4 ) , the South Half of the Northwest Quarter (S1/2 NW1/4 ) , the North Half 'of the Southwest Quarter (N1/2 SW1/4) , the Northwest Quarter of the Southeast Quarter (N1/2 SW1/4 ) , and the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4 ) of Section 'Thirty-one ( 31 ) , in Township Six (6 ) North, of Range Sixty-six ( 66 ) West of the 6th P. 4. , County of Weld, State of Colorado. s903C7 1 EXHIBIT B y0o- .uo--,._,. -4 \ ) ( (L .- r VICINITY MAP nr,.. ° Well ii' ( ( V n 4750 ii i ^ V�V _NTO 730. EA,,,, v ) I. 4737 v ( Ir u% y�W 4736 d BM moo D � b�• >—l� x.747 ';u� �� 3° I Nag 4 4MKi �a, d% owes ��it Bra swell 0, Well 20// �5 4]40 . r � 1 DITC •r' n 3O4 • -iii 4j3� �( �� 4120 ''o°L e v a ,• ./ 3725 c n--D . D a7i0,_/D. II N R I Vs,B \ t • o Y c< W • d� - F f �E/ il� 132 O VyBV 4_ �� W a r6 \�� 2 y; W °'WELD COUNTY ROAD 82 1/4 0/TC >3 ° r� 4,4 �n .,5' 0 J `"1 ` oli. J" �I �' X90/ ! �' ( ( \� II�� 1 �� / •/I �'� _S-- - . ___..-7 _ li 3 Yr C / 1"-200/0' . US HWY. 34 , � 4q, 1.® \ L...9 (Alm , �^� JGREELEY, 3 MILES+ II• • I O °Q , n wr 2--? (1 Hc DA TUTTLE APPLECATE RINDAHI, INC. 4134k °madman to Las and Resource Daveklnocnt M;, r• 11990 Grant Street, Suite 410 �-t,� �__� Denver, Colorado 80233 13031452-W1 8 890307 EXHIBIT D -MINING PLAN The Herbst Pit is an existing sand and gravel mine permitted and approved by the -State of Colorado, Mined land Reclamation Division on January 29, 1988 as a limited mining operation permitted under the requirements of a 110 Permit. This application is requested for the enlargement of the existing mining operation to consist of approximately 228 acres total on- site . Exhibit L shows mining of the site will be conducted in ten ( 10 ) phases while the processing plant will be moved to four (4 ) locations on-site during the life of the mime . The mining plan has been developed to provide an efficient means of extracting and processing the ore , reclaiming each phase upon completion -while continuing to mine the next phase , and retain the natural -wildlife found in the riparian oxbow throughout the existence of the mining operation. A geotechnical investigation of the site , provided in Exhibit I , has found the site to consist of two to four feet ( 2-4 ' ) of a sandy silty clay overburden overlaying approximately eleven feet ( 11 ' ) of construction material quality sands and gravels. The majority of the ore was found to be below the groundwater level , therefore, temporary partial dewatering -will be required during the mining operation. Excavation will be performed by front and loaders and/or backhoes with the resource hauled to the processing area. Upon processing, the product will be stockpiled and hauled from the site . The discharge of water from the site will require a NPDES discharge permit as issued by the Colorado Department of Health. The owner of the mining operation will obtain this permit prior to releasing water associated with the 112 Permit. 1rhe wash water associated with the processing of the product will be delivered to a sedimentation pond prior to being released to the Cache LaPoudre River via the oxbow. The annual production of the pit is highly variable dependent on need for the resource due to economic growth in the Greeley, Windsor, and Weld County area. The anticipated production of the site is seventy-five thousand to two-hundred thousand ( 75 ,000- 200,000) tons per year based on the current growth of the area and the proposed processing equipment to be used on-site . The mining operation will involve two and one-half to six and one- -half ( 2 1/2 - 8 1/2 ) acres per year base on the production range stated above . Table 1 lists the maximum amount of disturbance at any given time. These figures will also be used to determine the annual cost of reclamation. D-1 590307 TABLE 1 MAXIMUM ANNUAL DISTURBANCE Maior Disturbance Mining -6 .5 AC Stripping 6 .5 AC Overburden 1 .-0 AC Moderate Disturbance Processing Site 3. 0 AC Roads 3.0 AC Graded Land 6 . 5 AC Office & Scale 1 .-0 AC -Minor Disturbance Preparation of Reclamation Areas 5 . 0 AC The amount of disturbance anticipated in each phase has been determined from evaluating Exhibit C . -Table 2 lists the amount and general timetable for each phase . D-z 690307 EXHIBIT E RECLAMATION PLAN Reclamation of the -site will consist of pond-s -as a wildlife habitat and Phase 6 will -be reclaimed to its present use as pasture land as shown in Exhibit F . The reclamation as proposed was chosen for its compatibility with the existing area. The creation of ponds in this area will enhance the wildlife habitat presently found in the riparian oxbow are-a. The mining of Phase 6 will only -be to a depth of approximately six feet ( 6 ' ) to -allow pasture land as the final reclamation for this area. The resource will be mined to the underlying bedrock. Overburden and processing plant fines will h-e redistributed to -provide a stable base for the reseexling aLonsg the bank shores . No r-ev-egetat-ed slopes will be steeper than 3: 1 , therefore , -allowing seeding along the shoreline as - well as providing saf-e access into and out of the ponds . Overburden stockpiles will be see-deal if they sit banger than on-e growing season . It is anticipated that the mining operation will not consume more than six and one-₹half (-6 1/2 ) acr-es per year an-d reclamation will be done immediately following the minin-g along the shorelines . Therefore , we anticipate the maximum reclam-ation in any given year will -consist of 6 . 5 acres of gradinxg and back-tillin-g of overburden material. Also there will be another 5 acres which has undergone seeding but hat not yet been -released from the financial warranty. See -Exhibit L for the associated costs related to each re-clamation duty. The following teed mix has be-en recommended by the Soil Conservation Service (5C5 ) : its . PLS/acre Western Wheatgrass 6 . 40 Six1eoats Grama 2 . 70 Green Ne-edlegrass 1 .013 Switchgrass 0. 45 Big -Bluest-em 11 11 . 65 The above rates are drilled. If broadcast, double the amounts given . We-stern wheatgrast will be used to seed stockpiles left more than one growing season. �y 83 E-1 Weeds are not expected to pose a problem in revegetating the site . If they do become a problem, they will be controlled mechanically rather than chemically so that native species will not be destroyed by the application of herbicides . The following remarks are in response to Rule 6 , Reclamation Performance Standards . 6 . 1 Grading a) Grading will be carried out to create a topography appropriate to the final land us-e , which is ponds and pasture land . b) Grading will be continuous and uniform, and will be performed to minimize erosion and siltation . Land outside of the disturbed area will not be affected by mining operations . There will be no highwalls in this operation. Slopes will be steeper than 3: 1 above water and ten feet below water with 2 : 1 slopes in water deeper than ten feet. c ) Grading and topsoiling are to be a contemporaneous operation with the mining process . d ) No acid-forming or toxic producing materials are known to exist in the materials to be mined. Refuse will not be generated on the affected land nor will any refuse be disposed of in the mining process . e ) No auger holes or shafts are associated with this operation. f ) Slopes will be graded to be compatible with the final land use. Swimming facilities are not included in the reclamation plan. g ) None of the reclaimed land will be used for horticulture . 6 . 2 Water a) The mining operation is expected to have a minimal lowering of the groundwater table in the vicinity. This lowering is temporary for the life of the operation and is not expected to cause a detriment to existing wells . Exhibit G further addresses the impact on the site ' s hydrologic balance . 8903C7 E-2 1 . This operation will be in compliance with applicable Colorado Water Laws and Regulations governing injury and existing water rights . Applications for change of -water rights and plan of augmentation has been filed in the Water Court, Water Division No. 1 . 2 . The operator will comply with Federal and State regulations governing water quality. A NPDES discharge permit as issued by the Colorado Department of Health will be required prior to discharge associated with the 112 Permit. 3 . There are no dredge and fill requirements that pertain to this site . 4 . This operation will not require siltation structures in drainageways. b) No earthen dams or impoundments are necess-ary at this site . 6 . 3 Wildlife a) Impacts on local wildlife populations are expected to be negligible . b ) Enhancement of wildlife habitat is expected upon reclamation at this site . Existing -wildlife habitat is not anticipated to be greatly affected during the mining operation because the riparian oxbow area will not be disturbed. 6 . 4 Topsoilinq a ) Overburden will be scraped , stockpiled, and seeded if left more than one growing season. This will maintain it in a usable condition for such time when it will be necessary to replace the overburden during reclamation. b) Existing trees found along the riparian will be undisturbed and followed to remain on-site . c) Overburden stockpiles will be placed just outside the pit area. The area of the stockpiles has been considered in the calculation of affected area. d) Once stockpiled, the overburden will be rehandled when reclamation commences. $903x7 E-3 s ) 'The final surface will be -graded to insure stability of the pit side slopes. f ) -The existing overburden and plant fines are an adequate growth medium with ₹ertilizer. -g) Soil amendments will be added as deemed necessary. h) No vegetation piles are anticipated. 6 . 5 Revegetation a) Revegetation with native species is a part of the reclamation plan. b) No portion of this area will be reclaimed as forest land. c) The choice of reclamation for this site is pasture land and ponds. The slopes will be 3: 1 maximum, gentle enough for livestock and wildlife to traverse . Seeding will be done by either broadcasting or drilling. d) Environmental factors have been considered in the chosen reclamation plan. Slopes will be adequately stabilized by compaction during the grading operation. Further surface stability will be provided by the vegetation as it becomes established. e ) All proper methods and techniques normal to site preparation and protection for agriculture will be followed in order to establish vegetation in accordance with the reclamation plan. f ) Mechanical weed control shall be used at the site in order to protect native species from herbicides . g) Fire lanes are not necessary due to the lack of forest cover. h) The plant site area will be scarified and reseeded along with the rest of the site upon completion of mining. i) No adverse surface characteristics are expected. The area topography is relatively flat. Reclamation will be done to match existing conditions where practical . E-4 89633 7 EXHIBIT G WATER INFORMATION The mining operation is proposing to partially dewater the pit turing the life of the mine and the reclamation of the site will consist of mostly Mater surface . 'Therefore, the pit will have a direct affect on the groundwater in the vicinity. The dewatering operation of the pit will have a minimal detriment to the groundwater in the vicinity. The depth of lowering the groundwater to allow the mining operation as discussed earlier Mill be only the depth -of the minable resource and is not anticipated to have a negative affect on existing groundwater yells in the area. The master extraction list and water rights as recorded with the State Engineers Office for the vicinity can -be found in Appendix A. Dewatering will occur in localized areas on-site only and will be used to allow mining and reclamation of the phase currently being operated. The dewatering process will require a NPDES discharge permit which will monitor the quality and quantity of discharge into the Cache LaPoudre River. The discharge from the dewatering is not anticipated to have any negative effect on the Cache LaPoudre River. 'The process water used during the production of sand and gravel will require release into a sedimentation pond prior to being released into the oxbow channel . The release into the oxbow channel is anticipated to be two to four cubic feet per second ( 2-4 cfs) with release into the Cache LaPoudre River. By releasing the process water into the riparian area the operator of the pit is ensuring sufficient water to continue the existing wildlife habitat. The release from the riparian area into the Cache LaPoudre River will be addressed in the NPDES discharge permit. The final site configuration will provide means to maintain the release runoff from the site near the historic rate, therefore, not creating problems with adjacent lands. Project water requirements at full development are estimated to be 213. 9 acre-feet per year for evaporation augmentation, 5 . 65 acre-feet per year for dust suppression, and 0.02574 acre-feet per thousand tons of gravel mined for moisture content loss. An application for Change of Water Right and Plan of Augmentation has been filed in the Water Court, Water Division No. 1, Case No. SS-CW-127 . An application for a well permit has been obtained from the State Engineer. G-1 890307 Ttre operator owns 62 shares of 200 shares issued by the W. R. Jones Ditch Company. Tha mean annual diversion of the -W. R . Jones Ditch -Company over the period from 1356 to 13985 vas 3, 258 . 4 acre-feet. The operator's shares would have delivered 1 ,010 acre-feet per year during this period. Tte historic consumptive use on the property has been determined to be 401 . 4 acre-feet per year, well below the amount delivered . A sufficient amount of excess water exists for supplemental consumptive uses as described above . A NPDES discharge permit is required for the proposed mining operation as discussed earlier. The discharge permit has bean received from the Water Quality Control Division of the Colorado Department of Health. 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THIS CLAIM having been filed with the Water Clerk, Water Division No. 1, on July 29 , 1988 and the Referee being fully advised in the premises, ;does hereby find: All notices required by law of the filing application have been fulfilled, and the Referee has jurisdiction of this application. No statement of opposition to said application has been filed, and the time fox filing such statements has expired. All matters contained in the application having been reviewed, and testimony been taken where such testimony is necessary, and such corrections made as are indicated by the evidence presented herein, IT IS HEREBY THE RULING OF THE WATER REFEREE: 1 . Name, Address and Telephone Number of Applicant: Ball Irwin Construction Company c/o Brett Hall P.O. Box 659 Greeley, Colorado 80632 ( 303 ) 356-6057 2. Name of Structure: Mucky Lake George. 3 . Legal Description of Structures: a. Lucky Lake George: In the Northwest Quarter (NW',4) of the Northwest Quarter (-NW1%Nw'k) , the South One-Half of 890307 88-CW-127 Hall-Irwin Page -2- the Northwest Quarter (S%NW'%) , the North One-half of the Southwest Quarter (N'4SW'A) , the Northwest Quarter of the Southeast Quarter (NW'ASE'k) , and the Southwest Quarter _ofthe Northeast Quarter (SW'%NE'k) , Section Thirty-one ( 31 ) , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. b. Ditch Used to Sill Lake: The William R. Jones Ditch the headgate of which is on the South side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 36 , Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. 4. Source: Surface and ground water tributary to the Cache Le Poudre River. 5. Date of Appropriation: December 18, 1937 . 6 . Amount Claimed: 60.2 acre-feet, Absolute, 1937 .1 acre-feet Conditional at a rate _up to 25 c.f.s. 7 . Use: Recreation, fish, wildlife, gravel washing, dust suppression, reclamation, commercial, replacement, augmentation, exchange and irrigation of 125 acres located in the Northwest Quarter (NW'k) of the Northwest Quarter (NW%NW%) , the South One-Half of the Northwest Quarter (S'NW'k) , the -North one-half of the Southwest Quarter (N'SW%) , the Northwest Quarter of the Southeast Quarter (NW''SE'A) , and the Southwest Quarter of the Northeast _Quarter (SW'ANE'k) , Section Thirty-one ( 31 ) , Township 6 North, Range 6-6 West of the 6th P.M. , Weld County, Colorado. 8 . Change of Water Right: a. Name of Structure: W. R. Jones Ditch. b. Decree: 14. R. Zones Ditch was decreed in Case _No. 320 in the District Court in and for Larimer County on April 11 , 1882 with an appropriation date of September 1, 1867 for 15.52 x.f.s. from the Cache la Poudre River and has Priority No. 24 . The legal description of the headgate of the W. R. Jones Ditch is set forth in 43 .b. c. Historic Use: Applicant owns 62 shares of the 2D0 shares issued by the W. R. Jones Ditch Company. The 62 shares were historically used and are now used on applicant' s property described in 17 . 23D acres were 890307 88-CW-127 Hall-Irwin Page -3- historically irrigated with alfalfa, corn and sugar beets each grown on about one-third of the land. Except for the portion of the land already excavated or set aside for gravel mining purposes the land continues to be irrigated. The historic consumptive use on the property was estimated with the modified Blaney-Criddle method over a thirty-year period. Based on 60% on-farm irrigation efficiency the following mean water consumption, in acre-feet, was found for the historic operation: April May June July August September October TOTAL 1 .2 21 .6 70. 3 128 . 3 122.1 55. 3 3 .4 401 .4 The average historic consumptive use determined is 6 . 5 acre-feet per share. d . Uses : In addition to irrigation use Applicant' s shares may be used for fish, wildlife, recreation, storage, replacement, augmentation, exchange, municipal, industrial, fire protection, commercial, gravel washing, dust suppression, reclamation, and all other beneficial uses. 9 . Plan of Augmentation: Lucky Lake George will be augmented by the 62 shares of the W. R. Jones Ditch as needed to offset out of priority depletions. The lake is currently under construction and construction will continue in phases . This plan of augmentation will make replacement of out of priority depletions throughout all phases of development as well as at full development of the 105 acre lake. Computation of the average monthly evaporation losses from the lake surface was based on pan evaporation measurements at the Ft. Collins weather station. Mean net monthly water surface evaporation, in acre-feet, from the lake at full development was determined as follows: January February March April May June July August 6 .8 8.1 9 .6 17.1 19 .0 30.1 36 .0 33 .7 September October November December TOTAL 24. 3 14. 8 7.6 6.8 213.9 Applicant shall divert as much water as needed from the augmenting water right into the lake to replace all out of 8903C7 BB-CW-127 Ball-Irwin Page -4- priority depletions resulting from evaporation or other uses out of the lake. Administration of the plan will be based on actual conditions not means or averages . 10. Administration: Accounting shall be prepared by Applicant on the Winter Accounting Form or Summer Accounting Form, as appropriate, attached hereto as Exhibits "A" and "B" , or a similar form approved by the Division Engineer showing depletions and augmentation credits. The data to be collected pursuant to this Decree shall be furnished to the Division Engineer or his representative as reasonably required by the Division Engineer. Applicant shall provide measuring devices satisfactory to the Division Engineer for purposes of administration. 11 . Subject to compliance with the plan of augmentation herein, the exercise of the appropriation granted herein will not cause material injury to the owners of, or persons entitled to use, vested water rights or decreed conditional water rights. 12. The application herein is approved subject to the conditions set forth in this Decree. 13. The State Engineer shall issue a Well Permit for Lucky Lake George promptly, after entry of this Decree, pursuant to S37-90-137 C.R.S. The Well Permit issued shall conform to the provisions of this Decree. 14. This Decree shall be subject to reconsideration by the Water Judge on the question of the adequacy of terms and conditions of this Decree to protect the vested rights of others from material injury pursuant to 537-92-304(6 ) C.R.S. for a period of three years. 15 . The conditional water right herein is continued in full force and effect until If Applicant desires to maintain such conditional right, an application for quadrenial finding of reasonable diligence shall be filed on or before or a showing made or before such date that the conditional right has become an absolute water right by reason of the completion of the appropriation. 16 . The priority herein awarded said applicant was filed in the Water Court in the year of 198-8 and shall be administered as having been filed in that year; and shall be junior to all priorities filed in previous years. As between all rights, filed in the same calendar year, priorities shall be 8903C7 88-CW-127 Hall-Irwin Page -5- determined by historical dates of appropriation and not affected by the date of entry of the decree. Dated this day of , 1988 . Raymond S. Liesmann, Water Referee THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. DATED: Robert A. Behrman Water Judge Water Division No. 1 State of Colorado 890307 ( SUMMER ACCOUNTING FORM SUMMER ACCOUNTING FORM (APR - OCT) CASE NO. 88CW 127 YEAR: LINE DESCRIPTION APR MAY JUN JUL -AUG SEP OCT NO [1] [2] [3] [4] [5] [6] [7] [8] I I I I I I I I [1] 1 Mean Temperature ? I i I I I I [2] 1 Precipitation ? I I I I , I I I I I I I I I I [3] I Pan Evaporation 7 I I I I I I .......÷........=====.. [4] a 4.6485 -48.03 5.2146 -7.764 -34.66 -.8640 -7.293 [5] bl -.0870 .83251 -.1557 .0505 .33298 .09474 .11853 [6] b2 -6.122 -4.668 -6.843 -4.651 -4.168 -7.899 -5.368 [7] b3 .17371 .0397 .3587 .08741 .05728 .58353 -.0478 [8] b4 8.603 8.0850 9.6117 9.1865 10.711 7.5178 9.2156 vv+ - vv-.. a [9] I Eat. full evap. (AF) I .00I .00I .001 .00I .001 .00I .00 [10] 1 Lake area (acres) ? I I I I I I [11] I Lake evap. (AF) I .00I .00I .001 .00I .001 .001 .00 I I I I I I I I [12] I Gravel exp. in 1000-Tons? I I I I I I.• I I I I I I I [13] I Water export (AF) I OI 0I 0 0I 01 01 0 I [14) 1 Dust control (AF) 7 I I I I I I I I I I I I I I [15) 1 Replacement (AF/Mo) I .00I .001 .001 .001 .001 .001 .00 +........- ****************** O N G O I N G MONTH ' S OPERATION **************** 4 I I [1611 Full repl't (AF/Mo) I 28.5 31.7! 50.21 60.0! 56.2! 40.5! 24.7 [1711 Lake repl't (AF/Mo) I .00I .00I .00I .001 .001 .00I .00 [1811 Water export (AF) est'd 7I I I I I I I I [19] I Dust control (AF) est'-d ? I I I 1 I I I I I I I I I I [20] 1 Peev.Mo.Correction I .001 .00I .00I .00I .001 .00I .00 1 I 1 I I I I I [21) 1 Repl. rate (AF/Day) I .0001 .000! .0001 .000! .0001 .0001 .000 analmmannamannimmunrannaimnanlen I r ****************************** RECONCILIATION *************************** ' I I I I I I I I [22] 1 Days with calls 7 I • I I I I I I I I I I F i I [23] 1 Delivered into lake ? I I I I I I I I I I i [24]1 Next.Mo.Correction I .OOI .001 .00I .001 .OOI .001 .00 EXHIBIT ..A.. • . 89C ^'7 WINTER ACCOUNTING FORM WINTER ACCOUNTING FORM (NOV-MAR) CASE NO . 88-CW-127 YEARS: • AVERAGE I NOV I DEC I JAN I FEB I LIAR ! TOTAL 2 lI Temperturation I I ( I I I 0 Precipit .00 3 Constants 1 i 1 33.479411 9.239581 -11.20341 .941321 —.066991 4 Full evaporation from 105 acres of lake jAF] > ERROR 5I Full replacement requirement [AF] > ERROR 6I I 'Present lake surface area [AC] >1 7 Full replacement requirement > ERROR • 81 Calls (days) I I I I I I 9 Month's con. .1954 .1748 .17481 .2082E 24681 1.00 101 Replacement I ERROR ERROR1 ERRORI ERROR ERROR ERROR • • • • • EXHIBIT "B" • • $903^ 7 flHIBIT H WILDLIFE INFORMATION Enclosed are comments and the Mined Land Wildlife Statement/Evaluation prepared by the Colorado Division of Wildlife . Every effort has been taken to ensure the mining operation site provides for a well planned wildlife habitat upon completion as well as continues to provide a habitat during the years of operation. The following items will be provided to assist wildlife habitat on-site : 1 . In order to allow access to the lakes by wildlife and cattle, no side slopes will be greater than 3: 1 . 2 . The riparian area along the Cache LaPoudre River and the Oxbow will not be disturbed by mining. 3. -The mature trees occur along the river in the oxbow and all of these trees will be preserved. The mature cottonwoods here provide nesting, roosting, and cover for birds . In addition, many trees and shrubs are included in the reclamation plan. 4. Hall-Irwin will inform its workers about the wintering bald eagle population and supervise their activities so they will not disturb any eagles which visit the site . At all times of the year, the mining activity will be limited to one of the mining phase areas . In this way human disturbance can be consentrated in a small area at any give time. Also the winter months are times of less mining activity because of the slow construction. This will further decrease any disturbance to bald -eagles on the site . 5. As seen on the Mining Plan, an irregular shoreline is proposed which reflects the topography of the ground, the river course, the oxbow shape , and the Jones Ditch channel . 5 . The depth of the lakes will be + 15 feet and will be available as a warm water fishery. The digging by the backhoe will create an irregular bottom on the pond. There are no plans for public access to the site after mining is completed. 7 . Areas above the water will be seeded in a mix proposed by the Soil Conservation Service . In consultation with the Soil Con-servation Service we will plant trees and -shrubs suited for wildlife cover and food sources . S903C 7 H-1 MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised) for limited impact and select -regular -mine applications The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: -Name/Type and Location of Mine !Legal) Wildlife Species list: Reptiles: snapping turtle, painted turtle, western box turtle. Amphibians: tiger salamanader, frogs and toads (various species. Birds: American bald eagle, waterfowl ducks (various species), canada geese, shorebirds including: American avocet, kill- deer, snipe, greater and/or lesser yellowlegs, and sandpipers various species. Hawks: Northern harrier, red-tail hawk, -swainson's hawk, American kestrel, goshawk. Owls: Great horned owl, screech owl, short-eared -owl. Herons: American coot, Great-blue heron, Black-crowned night heron. Gallinaceous species: Ring-necked pheasant. -Continued on supplemental sheet. Endangered/critical species/impacted: Endangered species: American bald eagle. Critical species: waterfowl, shorebirds, deer. Critical habitats/vegetative communities impacted: Cottonwood-willow lowland riparian plant community. Cache La PcvJre Piver, • Assessment of impact: ' See enclosed letter. +tine Reclamation recommendations (include key species/habitats for which restoration is designed) . See enclosed letter. Prepared By: ::4 �ocaJ�arxy Roestad LD_O_w_ ) Date: 1OI2SIVI{ Submitted By: S1 Data; This statement is void if not processed within 1 year. 89®3G7 species List, continued: Woodpeckers: Common flicker, red-headed woodpecker, Lewis' -woodpecker, hairy woodpecker, downy woodpecker. Belted Kingfisher. Yasseriformes, various species. Mammals: Mice and voles, various species. Muskrat leaver, red fox, coyote, fox squirrel, mule deer, white tailed deer. 590317 STATE OF COLORADO Roy Romer, _Governor REFER TO. DEPARTMENT OF NATURAL RESOURCES OA LLD DIVISION OF WILDLIFE James B. Ruch, Director v 6060 Broadway 3 p C Denver,_Colorado 80216 ON OF Telephone: (303) 297.1192 Larry Rooted, Tistrict Wildlife Manager October 25, 198B 1528 28th avenue court Greeley, Colorado 80631 phone 352-2143 Mr. Ron Allingham ' Uk C/0 Tuttle -Applegate Rindahl, lnc. 11990 Grant Street, Suite 410 Denver, Colorado 80233 RE: Hall-Irwin (Herbst) Pit Dear Mr. Allingham: As the district wildlife -manager in the Greeley area, a am familiar with the Herbst farm. The comments in this letter are based on many hours -of field work in the Sharkstooth area, and on the Herbst farm. The location of this parcel, in the flood plain of the Cache La Poudre River, makes it an important habitat Tor wildlife. Cottonwood/willow, lowland riparian habitat, as you know, comprises approximately 3% of Colorado's area. This limited -habitat is the most productive ecosystem in our state. For example, of the 1138 species of birds -recorded in coloredo by Bailey and Niedrach (1965), over half are part-time or permanent residents -Of lowland riparian areas. Therefore, -great care must be exercised with any development in lowland riparian areas, as this habitat is very limited yet critically important for wildlife: I have listed wildlife species on the included Mined Land Wildlife Evaluation (NLRB) form. In this letter I would like to suggest some steps that could be taken by Hall-Irwin to minimize the adverse impacts of the mining operation on the Riparian areas, and the associated fauna. In fact, with a little pre-planning and minimal costs, Hall-Irwin can improve the wildlife and recreational value of this parcel after mining is completed and the site reclaimed. The key to reclam- ation is pre-planning. I would suggest that a detailed reclamation plan be devel- oped prior to the onset of major mining activities. Mature cottonwood trees are used as roosts and resting sites by wintering Bald Eagles. Bald Eagles are intolerant of human disturbance -within about 800 feet of their roosts. During the waterfowl season, because of hunter activity on the -Herbst farm, few eagles will be seen. From mid January (after waterfowl season) to mid April, however, Bald Eagles mayuse the river area. Pit workers should be advised not to approach roosting birds on foot. Vehicle traffic on the site should not adversely impact the eagles. 'The birds will probably move to more secluded areas on the river. However, it is important that the eagles are not chased, or molested, as this will reduce their ability to store energy for the spring migration. As a general rule, it might be helpful if Hall-Irwin limited their mining activity to one area at a time. This would limit the human disturbance on the parcel to -a small area at any one time. DEPARTMENT OF NATURAL RESOURCES, Clyde O. Martz, Executive Director • WILDLIFE COMMISSION, Rebecca L. Frank, Chairman George VanDenBerg, Vice Chairman • -Robert L Freidenberger, Secretary • Eldon W. Cooper, Member • William R. Hegberg, Member Dennis Luttrell, Member • Gene B. Peterson, Member • Larry M. Wright, Member 89,y 3 Stands -of cottonwood -trees and willows should be preserved, whenever possitle. In addition to roosting space for raptors, the mature tree-s provide nest toles for wood ducks, woodpeckers, owls, racoon, and several species of songbirds. The tree canopy also provides nesting space for squirrels and many bird species, as well as cover. The -willow thickets provide important cover and nestingspace for ground dwelling animals. The willows also help hold soil, and provide tooling shade. Areas of -juvenile cottonwood growth should be considered critically import- ant. For various reasons, cottonwood regeneration in lowland riparian areas is al- most nonexistent. Therefore, stands of young cottonwoods should be left to grow. If stands of willow or other shrubby plants are to be destroyed during mining, at- tempts could be made to transplant the _plants to other areas being reclaimed. This could be _lone easily using backhoes and/or front end loaders. Pond reclamation plans should be designed based on expected water depths, postmining. If at least -5cg of the pond will have -a Mater depth of greater than ten feet, the reclamation should be _designed with the -establishment of a warm water fishery in mind. In this case banks should be -contoured on -a 4:1 slope above the -waterline, and perhaps 3:1 below water. This would allow easy fisherman access to pond side, and if a person fell in the water they could easily trawl out. Rather than make a square pit the pond should have an irregular shoreline to increase edge, and esthetic appeal. The bottom of the pond should be irregular to increase aquatic interspersion (-edge). During mining spoils could be left ailed on the pond bottom to create islands when the pond is completed. In essence, the idea is to avoid a "bathtub" look for the 'completed pond. -A good degree of underwater contour will enhance the fishery. Before the site is abandoned artificial structures _could be placed in the pond to increase cover. Local sportsmen -clubs and scout groups can take -this on as a special project. Areas -could be left 'covered with gravel or small rocks for use as spawning beds. If the abandoned pond is shallow, less than five feet, the reclamation should empha- size -wetlands. Ideally, the _goal should be for a 50:50 mixture of water to dryland area. Shorelines should be highly irregular (lots of bays, points and islands). Slope to water should be very gradual, up to 10:1. In shallow areas large rocks or tree trunks 'could be placed as loafing areasfor animals. Top soil collected during mining should be plated on the pond bottom as well as shoreline areas. The topsoil in the pond would help -establish a balanced nutrient system. Wild rice or millet could be sown in the pond for cover and-food. Clumps of -willow should be planted along the waters edge for cover and shading. Other shrubby species 'could be planted as need be. Once again, local sportsmen clubs or other interested groups -might be available. Revegetation of the dryland areas around either type of pond should -emphasize quick cover to prevent erosion, and establishment of perennial grasses. The grass mixture should include warm and cool season grasses to provide long term food and cover. It should also include legumous -species -to fix nitrogen, provide cover, and edge. Per- haps a small patch, or patche4 of alfalfa could be planted and left unharvested for pheasant nest cover. Shrub thickets, wild plum for example, should te -established for cover and food. -The Division of Wildlife has low cost, low maintenace methods for planting thickets. _Proper seed mixtures should te available for establishing ground 'cover. The B.C.S. can provide you with the test mixtures. S''ri The City of Greeley has included a proposed footpath along the Poudre River in its long range plans. It might be nice from a recreation standpoint to include plans for a footpath on the Herbst Pit plan. Maybe in 20 years when the site is abandoned the path could be included as part of the Poudre trail. You can contact Steve Hill, City Planner for the City of Greeley, 919 7th street, Greeley 80631, telephone 353-6123. The Division of Wildlife is eager to help your firm or Hall-Irwin in any way to maximize the potential of the Herbst pit in terms of fishery, wildlife or rec- reation value. With the implementation of an aggressive reclamation plan the Herbst farm will have an important future in Greeley and Weld counties wildlife resource. Please feel free to call on us. Sincerely� yours, 4 ' sar ry-R sr L For further information please see: Management of Cottonwood-Willow Riparian Associations Below Elevation 80^0 in Colorado A publication of the Colorado Wildlife Society, February 1983, Editor Ralph A. Schmidt, Sr. Wildlife Values of Gravel Pits. Miscellaneous Publication 17-1982, Agricultural Ex- periment Station University of Minnesota, St. Paul, Minnesota 55108 Editors e W. Daniel Svedarsky, Richard D. Crawford cc: Hall-Irwin Construction Co. Steve Hill, City of Greeley file LER/ler 890207 EXHIBIT I SOILS INFORMATION Empire Laboratories prepared a Preliminary Mineral Evaluation dated September 15, 1987 . Empire Labs found the site to consist of two to four feet ( 2-4 ' ) of sandy silty clay or sandy silt overburden. The minable resource is comprised of sand, gravel , and cobbles and was found to range from eleven feet ( 11 ' ) to thirteen feet ( 13 ' ) in depth. Siltstone bedrock was found directly under the alluvial deposit. Also enclosed is a map showing the classification of soils as determined by the Soil Conservation Service (SCS ) . Description of the soils found on-site as determined from the SCS are also provided. I-1 8903'x'7 EXHIBIT I SOIL DESCRIPTIONS 3—Aquolls and Aquents, gravelly substratum. This nearly level map unit is on bottom lands and flood plains of all the major streams in the survey area. Aquolls, which have a dark colored surface_layer, make up about 8—Ascalon loam, 0 to 1 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,500 to 4,900 60 percent of the unit. Aquents, which have a lighter colored surface layer, make up about 35 percent. About 5 feet. It formed in alluvium deposited by the major rivers percent is Aquepts and Bankard sandy loam. in the survey area. Included in mapping are small areas where sand and gravel are within a depth of 60 inches. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical. Commonly the Also included are small areas of soils that have a clay soils have a mottled, mildly alkaline to moderately al- loam subsoil. Typcially the surface layer of this Ascalon soil is brown kaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel loam about 10_inches thick. The subsoil is brown and yel- within 48 inches. In places they have a gleyed layer in the lowish brown sandy clay loam about 15 inches thick. The underlying material. substratum to a depth 60 inches is calcareous sandy loam. Most of the acreage is subject to flooding. The -water Permeability is moderate. Available water capacity is table is at or near the surface early in spring and recedes high. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. This soil is used almost entirely for irrigated crops. It Some small areas have been reclaimed by major drainage is suited to all crops commonly grown in the area, includ- and leveling and are used for irrigated crops. ing corn, sugar beets, beans, alfalfa, small grain, potatoes, The potential native vegetation is dominated by alkali and onions. An example of a suitable cropping system is 3 sacaton, switchgrass, and -western wheatgrass. Saltgrass, to 4 years of alfalfa followed by corn, corn for silage, sedge, rush, and alkali bluegrass are also prominent sugar beets, small grain, or beans. Few conservation prac- Potential production ranges from 3,000 pounds per acre in tices are needed to maintain top yields. favorable years to 2,000 pounds in unfavorable years. As All methods of irrigation are suitable, but furrow ir- range condition deteriorates, the switchgrass, alkali ligation is the most common. Barnyard manure and com- sacaton, and western wheatgrass decrease and saltgrass, mercial fertilizer are needed for top yields. sedge, and rush increase. Windbreaks and environmental plantings are generally Management of vegetation should be based on taking well suited to this soil. Cultivation to control competing half and leaving half of the total annual production. Seed- vegetation should be continued for as many years as ing is difficult and costly_because numerous tillage prac- possible following planting. Trees that are best suited and tices are required to eliminate the saltgrass sod. have good survival are Rocky Mountain juniper, eastern Switchgrass, western wheatgrass, alkali sacaton, tall redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, wheatgrass, and tall fescue are suitable for seeding. They lilac, Siberian peashrub, and American plum. can be seeded into a clean, firm seedbed. Seedbed Wildlife is an important secondary use of this soil. The preparation usually requires more than 1 year to cropland areas provide favorable habitat for ring-necked eliminate the saltgrass sod. A grass-drill should be used. pheasant and mourning dove. Many nongame_species can Seeding early in spring has proven most successful. be attracted by establishing areas for nesting and escape Wetland wildlife, especially waterfowl, utilize this unit. cover. For pheasants, undisturbed nesting cover is essen- The wetland plants provide nesting and protective cover, tial and should be included in plans for habitat develop- as well as some food. The nearby irrigated cropland, ment, especially in areas of intensive agriculture. where wildlife obtain much of their food and find protec- This soil has good potential for urban and recreational tive cover, makes this unit valuable to both wetland and development. Increased population growth in the survey openland wildlife. area has resulted in increased homesite construction. The Openland wildlife, especially pheasant, use this unit for chief limiting soil features for urban development are the cover and nesting. Deer find excellent cover in some shrink-swell potential of the subsoil as it wets and dries areas. and the limited ability of this soil to support a load. Septic These valuable wildlife areas should be protected from tank absorption fields function properly, but community fire and fenced to prevent encroachment and overuse by sewage systems should be provided if the population den- livestock. They should not be drained. sity increases. Because of the moderately rapid permea- These soils have good potential as-a source of sand and bility of the substratum, sewage lagoons must be sealed. gravel. Capability subclass VIw; Salt Meadow range site. Lawns, shrubs, and trees grow well. Capability class I ir- 4—Aquolls and Aquepts, flooded. This nearly level rigated. map unit is in depressions in smooth plains and along the bottoms of natural drainageways throughout the survey area. Aquolls, which have a dark colored surface layer, make up about 55 percent of the unit. Aquepts, which have a lighter colored surface layer, make up about 25 percent. About 20 percent is soils that are well drained and soils that have sandstone or shale within 48 inches of the surface. 890301 19—Colombo clay loam, 0 to 1 percent slopes. This is 41—Nunn clay loam. 0 to 1 percent slopes. This is a a deep, well drained soil on flood plains and terraces at deep, well drained soil on terraces and smooth plains at elevations of 4,600 to 4,780 feet. It formed in stratified elevations of 4,550 to 5,150 feet. It formed in mixed allu- calcareous alluvium. Included in mapping are small areas vium and eolian deposits. Included in mapping are small, of soils that have a loam surface layer and some small long and narrow areas of sand and gravel deposits and leveled areas. _small areas of soils that are subject to occasional flooding. Typically the surface layer of this Colombo soil is dark Some small leveled areas are also included. grayish brown clay loam about 14 inches thick. The upper Typically the surface layer of this Nunn soil is grayish 7 inches of the underlying material is pale brown brown clay loam about 9 inches thick. The subsoil is light stratified clay loam and loam. The lower part to a depth brownish gray clay loam about 14 inches thick. The upper of 60 inches is very pale brown loam stratified with thin part of the substratum is clay loam. The lower part to a lenses of fine sand, medium sand, and clay loam. depth of 60 inches is sandy loam. Permeability is moderate. Available water capacity is Permeability is moderately slow. Available water -high. The effective rooting depth is 60 inches or more. capacity is high. The effective rooting depth is 60 inches Surface runoff is slow, and the erosion hazard is low. or more. Surface runoff is slow, and the erosion hazard is In irrigated areas this soil is suited to crops commonly low grown in the area, such as corn, sugar beets, beans, alfal- This soil is used almost entirely for irrigated crops. It fa, onions, and potatoes. is suited to all crops commonly grown in the area, includ- All methods of irrigation that are common to the area ing corn, sugar beets, beans, alfalfa, small grain, potatoes, are used. Borders are suitable for small grain, alfalfa, and and onions. An example of a suitable cropping system is 3 pasture. Furrow irrigation is used for row crops. Crops to 4 years of alfalfa followed by corn, corn for silage, respond to application of nitrogen and phosphorus. sugar beets, small grain, or beans. Few conservation prac- Windbreaks and environmental plantings of trees and tices are needed to maintain top yields. shrubs commonly grown in the area are generally well All methods of irrigation are suitable, but furrow ir- suited to this soil. Cultivation to control competing rigation is the most common. Barnyard manure and com- vegetation should be continued for as many years as mercial fertilizer are needed for top yields. possible following planting. Trees that are best suited and Windbreaks and environmental plantings of trees and have good survival are Rocky Mountain juniper, eastern shrubs commonly grown in the area are generally well redcedar, ponderosa pine, Siberian elm, Russian-olive, and suited to this soil. Cultivation to control competing hackberry. The shrubs best suited are skunkbush sumac, vegetation should be continued for as many years as lilac, Siberian peashrub, and American plum. possible following planting. Trees that are best suited and Wildlife is an important secondary use of this soil. have good survival are Rocky Mountain juniper, eastern Ring-necked pheasant, mourning dove, and many non- redcedar, ponderosa pine, Siberian elm, Russian-olive, and game species can be attracted by establishing areas for hackberry. The shrubs best suited are skunkbush sumac, nesting and escape cover. For pheasants, undisturbed lilac, Siberian peashrub, and American plum. nesting cover is essential and should be included in plans Wildlife is an important secondary use of this soil. The for habitat development, especially in areas of intensive cropland areas provide favorable habitat for ring-necked agriculture. pheasant and mourning dove. Many nongame species can Where this soil is on flood plains and is susceptible to be attracted by establishing areas for nestingand escape flooding it has poor potential for urban and recreational cover. For pheasants, undisturbed nesting cover is essen- development. On the higher terraces the potential is fair. tial and should be included in plans for habitat develop- Dwelling and road designs need to be modified to in- ment, especially in areas of intensive agriculture. crease the capacity of the soil to support a load and to This soil has fair to poor potential for urban develop- protect it against frost action. Capability subclass IIw ir- ment. It has moderate to high shrink swell, low strength, rigated. and moderately slow permeability. These features create problems in dwelling and road construction. Those areas that have loam or sandy loam in the lower part of the substratum are suitable for septic tank absorption fields and foundations. Some areas of this soil are adjacent to streams and are subject to occasional flooding. The poten- tial is fair for such recreational development as camp and picnic areas and playgrounds. Capability class I irrigated. 890307 32 SOILS MAP 48 R66W 53 ) ea. 37 19\, ':, _ 3 ti k 32 33 \.'� 1 k." J I r 3 2 ) 4, 47 48 .33 32 4. 40„; Ilk 47 \k , lit 3i �.. 51 32 IN + 46 ell 46 .'?a 47 29 30' C 47 3 46 T6N 50 1.,.. 32 >- 50 s] j N i 52 r,. ^ 47 V• 51 • it tE 52 50 is LA POUIRE ! 3 ea g �— , �? � •' 3 •a" p�: s ,3 "' it S,C^t f t /r i : r PERMIT _ AREA . , ` .^. 3 13 52 d 31 ,.. 61 �.. 51 61 °1 35 38'52 8A\ 51 • I 53 51 63 he 53 51 f/ 51 J77 . 37 52 Y a° — N — ti 48 s 2 61 61 NO., �� :61e1 q . . F . r 38 77 s 1 9 51 x >< 5 37 51 6 .• :,� \ ,?„ 24 38 48 38 a' 47 31 TUTTLE APPLECATE RINDAHL, INC. Con.ult.M.Ice Land and Resource De.elepneM `. 37 ' _ . 11990 Grant Street, Suite 410 p Denver, Colorado 80233 4 ` — s ' W / 1303)452-6611 89030'7 EXHIBIT 2 VEGETATION INFORMATION lEnclosed is a copy of the on-site inventory and recommendations for seeding and planting provided by the SCS. 893307 J-1 co-Ecs-2 ,182 U. S. prtment of Agriculture / ,(180-12-11) � SoilC tfervattiiion Service onservati-onist 11--3 SP_ Date, • RANG! CONDITION INVENTORY ' • RANGE SITE SOIL UNIT h"c5 3/ / ,.� LANK) UNIT hierJd �/5 }- LOCATION OF INVENTORY 77 See 4Iliader//g or /XV Field Number Acres VEGETATION List of Plant Species Cover r._ Grasses and Grass-like '3Peri8J - • Br Cie qri S f0 - . A/kjA 70 oa s /O • • Forbs and Shrubs • • Other Forbs and Trac&s (T) Totals • Vegetation Density ?57.h Onke" ciorpr Rance Condition Class • • Annual Yield , Total Kc/ha lbs/ac air-dry 1 Major Animal Classes Planned for •• Annual Palatable Yield, Total Kg/ha 9/ lbs/ac air-dry • Annual Useable Yield, Total Kg/ha lbs/ac -air-dry • Range condition class may he lowered one condition class from Excellent, Good -r Tan- when total annual yield is significantly (25%) below the site's potential . Tor- Lack page 890307 CS-2 ,/82 U. S. 1 rtment of A ri eul turn (180=12-11) Soil Ccs, tvation Service %i ilau,2ren.5- onservationist • • //—_I RB Date, • RANGE CONDITION INVENTORY ' RANGE SITE ' I SOIL UNIT leVCS / 9 it LAND UNIT eri,S-) 6/a- LOCATION OF INVENTORY T-2 (S:et ®/4h /Irej Field Number VEGETATION Acres List of Plant Species Caro"' Grasses anc Grass-like 'Covert- y , Species • .�( �fr9rzas 5 2O 20 all' f,vorst Crop ,SJuihle) I:,p Forbs and Shrubs • Other Forbs and Traces (T) Totals Vegetation Density negi%tipo6/ Cokrr Ranac Condition Class Annual Yield , Total Kg/ha lbs/ac air-dry Major Animal Classes Planned for *0 Annual Palatable Yield, Total Kg/ha lbs/ac air-dry Annual Useable Yi-eld, Total Kg/ha, lbs/ac air-dry Range condition class may he lowered one condition class from Excellent, -Good or Fair when total annual yield is significantly (25%) below the site's potential . hn_J: page 890307 co-FCS-z 4/82 co- U. S. prtment of Agriculture (180-12-11) Soil C�ervation Servi-cc Alf �-t7e-5 onservationist /1-3-fig RANGE CONDITION INVENTORY • Date, • RANGE SITE SOIL UNIT -14/Cs •_3/ / / LAND UNIT Ye rig -- P/14- -LOCATION Dr INVENTORY -7; See add/4n 4ft/O Field Number •' VEGETATION Acres List of Plant Species % -canopy s Grasses and Crass-like 3�ftirs; s s- . / lv 70 Ott /D Forbs and Shrubs • Other Forbs and Traces (T) Tatals vegetation Density .15.2% Ca/eft aver- Rance Condition Class ' Annual Yield , Total Kg/ha lbs/ac air-dry Major Animal Classes Planned for •• Annual Palatable Yield, Total Kg/ha lbs/ac air-dry • Annual _Useable Yi-eld, Total Kg/ha lbs/ac air-dry • Range condition -class may be lowered one condition class from Excellent, tood or Fair when total annual yield in significantly (25%) below the site's30r Potential . � s^r hacC page 884V CS-2 W( i82 U. S. l rtment of Agriculture 180-12-i1) Soil Cc , cvation Service Conservationist /1-3-61 Date, • RANG' CONDITION INVENTORY ' • RANGE SITE SOIL UNIT W a„5" ..1 worn UNIT tier4,S9- Q/4 LOCATION OF INVENTORY a (fe-c• ®/4H Y riej l Field Number Acres VEGETATION List af Plant Speci-es - Canopy Grasses and Grass-like `GOr/b`I"r-by , • 5,,r_ icS e/ �ros'5 ,20oa S (No se Crof 54vida/z, 6° • • rorbs and Shrubs • Other Fo=bs and Traces (T) Totals • Vegetation Density gobcovrcry Cover- Ranac Condition Class ' Annual Yield , Tota) Kg/ha lbs/ac air wry 1 Major Animal Clas-ses Planned for •• Annual Palatable Yield, Total Kg/ha lbs/ac air-dry • Annual Useable Yield, Total Kg/ha lbs/ac air-dry • * Range condition class may be lowered one condition class from Excellent, Good, or Fair when total annual yield is significantly (25%) below the site's 890307 ppotenntirayl . • Sae I;ncl: page 89030 / ': 50.-I:CS-2 4/82 U. S. ( , rtment of Agriculture (180-12-11) Soil C//unservation Service �Urfy (�r/ vaZv5 • • Conservationist Date • RANGE CONDITION INVENTORY ' , Aunt, Pke/ i,-7l/ SOIL UNIT `/ �,C ,. ...3 LAUD UNIT APAA - lilt- LOCATION OF INVENTORY T _ clot. ��79J Field umber r/ Acres VEGETATION t Campy- List of Plant Species • ;.Cover. by Grasses and Grass-like Sfecie ' - . . r •Cr/f,:i l s ( 7yp/J a nip 1,4�/ra ) /5 O.Bt Cohn r nross � Ph a Innis Canfari ensrs ) 35 fAf: U .fnr,� r1:_s'S- C c, ,-1ina; Periinr:7'A ) .35 fAC � ceP/� , `:;l. J�y/rc us C 3 7 J-1,‘,44, -tec! fh(yoeuon .P. T OBL y , Sr Poniitaam cap %art 2- ft et- / f (Scirpvs s,.) I OJT L Forbs and Shrubs . flak wen./ C ,BS4y/cs esa Z T f,4C _ lan, I 1- 1- r/irnapbrinnn q/1wrn ) T ff1G .. _Iva re et Pc (Rorr//�y4 ,Jos/vrlrnn, .5 O81- CO 1oir it-ncr/c otvrrriv ) J Yoilfrks a/./,6„/rs 5- MCA et) 067,,, r kif i llrr, ( el r, c lard ) SSablesp. 's •T • rocky clock' (Rurnr•ar crop-sp Fat W Other Fo=bs and Traces (TI Totals • \Vegetation, Density \ Rana Condition Class • Annual Yield , Total Kg/ha lbs/ac air-dry Major Animal Classes Planned for •• Annual Palatable Yield, Total Kg/ha lbs/ac air-dry Annual Useable Yield, Total Kg/ha. lbs/ac air-dry • Range condition class may be lowered one condition class from Excellent, Good or Fair when total annual yield is significantly (25%) below the site's potential . :,._J: p.,ge 890307 r/82 • U. S. irtment of Agriculture (180-12-11) Soil Co,. .ervation Service afze •zr c . • Conservationist //- 3-h't9 _Date • RANGE CONDITION INVENTORY ' • 4£JbinTEr 4/j//i/&�/ SOIL UNIT /,vC$ .17 LAND UNIT /j,-/ /1}') /f/1 LOCATION OF INVENTORY 7 See o4', /fr f7 Field Number Acres VEGETATION Caner - % List of Plant Species neer `by ,);.•,,, _ Grasses and Grass-like s,ee -t _ ra that £7k'vde- a ivy(hPra ) SS 0DL ('ana I/•�JpJ , ph'A/G i i$ COMO wlis ) / c F c ci Ro//r/r. S i ( Sciryw; / 5 del- Card(MPS s CSpar/rme- ficIiita,ls ) S fAC Sear st J men p, - T • • Fortb5 and Shrubs tie( ri [ 3ri7r✓it1M 1 'r FAC hrty,/ttO,: rr4,. , (CA en.c,�wkuon alb M ) T f//c ��farl / t-vrt'/1• ( 1/1,1us a-/16i4i ',lc,• £e4 M,cc'.n Oh r (E/ac=otnvs avvs/olio d CU!, r dock_ C Rtmn Sf' rr% c) r MC- Willow . &/iv _Si. /0 w ? Other Forbs and Trac€s (T) 2- Totals • • Vegetation Density t • Range, Condition Class Annual Yield , Total ye/ha lbs/ac air-dry Major Animal Classes Planned for •• Annual Palatable Yield, Total Kg/ha lbs/ac air-dry Annual Useable Yield, Total Kg/ha. lbs/ac air-dry • Range condition class may be lowered one condition class from Excellent, Good or Fair when total annual yield is significantly (25%) below the site's potdntial . See had i: page 890307 U.S. DEPARTMENT OF AGRICULTURE Sec. 3/ TAN 4266 W SCS--CPA-16 W & .SOIL CONSERVATION SERVICE , -81 CONSERVATION PLAN MAP —• Owner Operator '' County In/e/al State Cnlorann Date /1-1-BB • Approximate acres Approximate scale 8 = /m1Ye Cooperating with Vest` free/Y Ste,/ on/ A/ae-er Conservation District 11 Plan identification Photo number ASCS "Pick 6 29 • ' Assisted by Auif Cwa Los USDA Soil Conservation Service - -y I_ ' , ' °�-w .4 ! I ��, r 'I , i -� it i, L 4I I V: ., - 1 _ - .'-.t ix h F` ;I ' f .r. c+ ). • J .i' � : .":1 r'j! 1 4A J r I s ru w' ! P �'^ l4F A ♦ J Wit. Ala .5 .t 'w = ic 14 s. r ' ",: .'�- :vim r;.4 •-r I �B $ _ r g. . Ill ♦H �4 11 �r I pti`s, I c _ r- I 0. + �` g., . fi 0,11y: 1- P ♦r � n I .MI wl .• y 'C Irk ! . - ... /� , tk a.�';�;;' ' 5= M/ tla nab lie f �` 3� ,I-- _ \ ',�f1 ♦ L �hl Atli .��ipsis• ifiA �CP q!1A �I : i rsA ini -rc -l� r �� ,II Iri II'IiII' 89037 k ; ' ; '� 1-4:,',-,:t4, ;' �•, I H 'E t' Ot - o u c 5 ei Q Q Z ~_6 c�i j _O " n "2 OQ O a� • o � o r ° 0 v W 2( to Q o d o F v z z � N N = > v ° t7) 71 w N 0 w O\ 0 m snob u. O He d Z \ % 3 -og Buoodg O 'tl O J L O O c O } d P V gi L nob ul U O - u p 6unodg p u, w w u Z C 0 .N J " IA 'C M Q Z O „ in ti O r \ Q O >, 0 > W U v 9R- n v -.c C I- M y {n Q Z o z LL st o o = 0 0 t, E -u 0 VL. oc �� Z = „I ,Z `o C o � zNN � � w V � I I. v O m z -cg o z z JT o. U , n Z • —; C-€ < O Q E aJ A_ 4 y Q o V ` O v I-Z 0 O Illt l O tk. "LN QV c7 o `h O , Q- p w w m w Z '11 -. ,s CU s \ p .E Z Z L r. J ` 0 3 > Q + s u_ t� � % o F k O o 4. —,. r z �` o w —Q \0 c X p ND U,ND Ci t1 _ a m '� z F- a ` O o- O v O _ < �' —a. zJ O dz - 3 + i %; '�in V � � Q CV F w a, Z tl c C. v Z Q 2 co t'y NN O ;., p\ t-1 c3 CO ia,,3 CC .... uwi J a C7 '8 w ., pz o. 4 n u0 c w FM w u o w J O o Q pU 0 a " Z d U W V J w "o r Z 4111 ob LL O twn ° f •V d Z 890307 F rm Co-ECS-5 ( Computer DrF •_ ) PRODUr R: Hor fast Pit G ASS ,SEEDING RATE CALCULAI , IS PLANK Rudy Cavazos DATE: 11-02-88 P' PT I : SEEDING PLANNED CONTRACT OR AGREEMENT -#: Field No. : ---- MLRA: G67 Acres: ? Irrigated: C1N No. : ---- Dryland: x ract. No. : 550 Range Site: Loamy plains Pract. Name: Range Seeding Seedbed Prep. Seeding Operation: Method- Intensive Method- Dates:Nov. 1 to Apr. 30 P pr. Dates— May 1 to Maw 30 Drill- .. Clean-tilled- Interseed- Firm seedbed- x Broadcast- Stubble- x Drill Type- Grass Interseed- Drill Spacing-7-12 in. Other-See standard & specs. Planting Depth-Approx. 1/2 in. Fertilizer : Weed Control : Pounds actual per acre (available) Dates:May-June Nitrogen : 10 lbs. /ac. Mowing-* 1--2x 1st wear Phosphate: y01hs. /ac. Chemical-* lx 2nd year Potassium: N/A Type _and Amount- contact herbicide after 4 leaf stage Mulch : Kind- Grass hay or Cereal grain straw Amount- 4000 lbs. /ac. How applied- uniformly How anchored-Mechanically f .Ehor depth-4 in. into soil (7) .Erg I NG PLANNED: (3) (4) (5 ) (6) TOTAL PLS ( 1 ) (2) PLS/ACRE "/. OF PLS RATE PLANNED REQUIRED VARIETY SPECIES 8 1007. MIXTURE PER ACRE ACRES FOR SEEDING i .riba Western Wheatgrass 16. 0 40 6.40 ? #VAL'-1E ! ' ughn Sideoats Grarra. 9. 0 30 2. 70 #VALUE ! Lodorm Green Needlegrass 10.0 1-0 1 . 00 *VALUE! 4 'enville 5witchgrass 4.5 10 0.45 #VALUE! P iw Big Bl.uestem 11. 0 10 1 . 10 *VALUE ! 0. 00 *VALUE:'. 0. 00 #VALUE'. rum 11 . 65 #VALUE! { :MARKS: See attached standard and specifications for further information. **********- * * *** *• ** * * *** ******** •*• *** • * -• • **** •* -• *** •** 890307 Addendum to Seeding Plan 1. Disturb as little of the existing vegetation as possible. It is easier to bring back what vegetation survives than to try to revegetate. 2. Stockpile topsoil , subsoil and parent material separately and replace them in their respective layers. 3. Debris that will interfere with the grass drilling or mulch crimping operation should be removed. 4. If construction is completed when the permanent seeding cannot be made mulch with 3,000 to 4,000 lbs. per acre of uniformly spread, weed-free straw and crimp into the soil 3-4 inches deep. A cover crop may be planted as an alternative to mulching (see attached standard and specifications) . -5. Fertilizer amounts should be applied as shown on seeding plan or in accordance with a recent soil test. Apply fertilizer into the soil just prior to drilling grass. 6. Use a grassland drill with double disc furrow openers, depth bands on both openers, press wheels and seedbox agitator. If grass seed is broadcast, the seeding rate should be doubled. 7. The seeding should be mulched immediately after seeding with 3,000 to 4,000 lbs. per acre of straw as mentioned in item 4. 8. Weeds will need to be mowed 1-2 times during the first growing season. -Weeds can be sprayed chemically the 2nd year only if all seeded grasses have reached the 4 leaf stage. 9. No grazing should be allowed untill the stand is established. This _could be 1-3 years or more. 10.To improve wildlife habitat approximately .3 lbs./ac. of fourwing saltbush can be added to the seed mix. 11. For topsoil depth range see attached soil descriptions. 12. for prime farmland information see attached potential prime farmlands list, table and map. NOTE: According to the published soil survey, soils 3 as shown on the soils map is considered hydric. However, after an onsite evaluation by the area soil scientist this soil has been determined to not be hydric. However,, soils 4 3 is definitely hydric along the riparian area (see attached map showing the wetland site along with the vegetative inventories) . 890307 EXHIBIT K CLIMATOLOGY REPORT NO. 77-I GREELEY O5 3546 .4 COLORADO CLIMATOLOGY OFFICE -COLORADO STATE UNIVERSITY FT. COLLINS, CO. 80523 TEMPERATURE ( TI PRECIPIThTIOtJ ( INCHES) als _AIRENES ILL': PX, OF DAYS SI:C::, s tE7 `t42. !:0 Or C405MA% Mi:. tgE ISE WI; OE6 in Qr i¢ OZ 1 WS ` oa �0 �JyO�yA OJ f W> .�[ Y fy it K > eC z1: -(4W YS cA[ fr 62 > 0 CZJ > 0 0 44 .4 V..ig In.i 0 ; Wit V i L i0 W a ^i JAN 39.0 IS 23.9 67. 1955 12 30. 1962 II 0.0 0.4 31.0 7.3 .27 .35 1062 / 3.0 8. 1956 3C 0.0 0.0 C.C FEB 43.7 1:.7 29.2 75. 1954 9 -39. 1951 1 1.0 5.4 27.9 -2.6 .21 .42 1951 11 3.7 6. 19CC 20 1.! 0.0 0.0 -MR 49.1 27.9 55.0 60. 1965 29 -19. 1960 3 0.0 3.729.3 1.4 .71 .93 1961 21 11.5 11. 1059 26 1.9 .2 0.0 APR 60.0 32.4 46.6 05. 1960 22 0. 1057 0 0.0 .6 15.1 .1 1.09 1.50 1957 2 3.3 14. 1953 12 2.3 .3 .2 M4Y 72.2 43.4 57.9 95. 7954 21 23. 1954 2 .9 .1 1.9 0.0 2.37 1.00 1064 30 0.0 0. 0 0 4.7 1.5 .4 r1,T1 82.7 52.0 67.4 :06. 7954 24 32. 1954 3 9.7 0.0 .7 0.0 1.71 2.69 1062 30 0.0 0. 0 0 3.0 0.0 .5 dA. 19.9 57.3 73.6 705. 1954 1: 40. 1952 0 11.4 0.0 0.0 0.0 1.30 1.37 1061 1 0.0 0. 0 0 3.0 .7 .2 AUG 06.7 54.7 72.7 100. 7955 1 50. 1964 20 11.5 0.0 0.0 0.0 1.33 1.13 1663 19 0.0 0. 0 0 3.2 .5 .1 QP 79.1 44.6 61.4 99. 1954 1 26. 1965 11 3.6 0.0 1.6 0.0 1.25 1.60 1063 27 .3 0. 0 0 3.2 0.1 .2 OCT 6'.6 35.1 50.4 11. 1655 2 13. 1954 51 0.0 .1 14.4 0.0 .75 .04 1960 10 .1 2. 1951 6 2.1 5 0.0 NOV 50.! 20.2 35.2 77. 1965 1 -II. 1052 27 0.0 3.6 20.2 .0 .30 .49 1055 II 3.2 10. 1056 20 1.5 0.0 9.0 CEC 42.1 !3.1 27.6 6G. 1664 24 -19. 0954 26 0.0 6.7 30.9 2.9 .29 38 1951 12 -3.0 12. 1959 13 1.0 .1 0.0 A131.&. 63.5 32.0 49.2 43. 29. 111. 15. 11.7 27. 29. 0. 2. PRECIPITATION WITH PR09ABILITY EQUAL OR LESS OMAN PROB. LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP -OCT 609 DEC ANNUAL 05 0.00 0.0D .10 .10 .44 .32 .703 .14 0.00 0.00 0.00 0.06 8.91 0 0 .09 .11 ,15 .18 .66 .47 .28 .74 .09 .05 0.00 ,01 7.71 2 .32 00 .72 .47 .02 ,2i .17 5 0 .14 0 .35 .47 1.32 .96 ,h5 .61 ,4P .28 .21 .09 9,81 .63 165 .19 ,ao N1 50 .23 .27 .46 .81 2.00 1 44 1.05 1.47 .92 .41 .34 .19 12.42 60 .26 3 7 1.03 2.41 1.73 1.29 1.79 )2 70 .14 .3.. .61 ].3n 2.039 2.00 1.59 7 62 1.55 .71 .50 .35 13.19 80 .43 ,40 ,09 61 3.5 2,54 1.99 2 06 2.03 1 7 h .47 4.35 90 5l1 ..a ♦5 2_2N 4.57 3 29 2,55 2.90 2.04 f.70 .101 95 .70 .55 .80 2.5R 5,55 3.99 3.28 3.52 3.63 22,18 .95 .68 17.57 A`PNA 1.02 4.80 1.63 1.11 2.09 2.10 1.65 1.41 1.25 1.24 2.54 1.02 12.94 BETA 16 .06 .4♦ :et 1.14 .92 .79 .94 1.07 .64 0 .06 .06 0.00 0.00 0.00 0.00 0.00 0.00 .06 .06 .13 .30 0.00 MIxFD GONNA C19TRIRUTIO. FITTED TO DATA ALPHA., SHAPE PARAMETER SETA: STALE -0ANANETrn Oa NO. OF NONTNS MAVI96 7EF7 F4FEIP!TATION/T11<. NO or N^.':.-. MEDIAN PRECIPITATION AMOUNTS ARE INDICITLL AT 7..E .50 PROJA8ILITY LEVEL I 890307 EXHIBIT L RECLAMATION COSTS The reclamation costs are -based on a maximum amount of disturbance present on-site following the mining plan. As reference , see the -Maximum Annual Disturbance, Table 1 , in Exhibit D. Haul roads will be 1-eft as access roads. -Major Disturbance - Maximum -Reclamation Involves Phase 6 Cost/ Amount Units Unit -Cost 1 . Spread overburden -6 .5 acres, 6" deep 5 , 24-3 Cy $ . 80 $4, 194 . 40 2 . Backfill slopes to 3: 1 500 ' haul , 2 acres , 1 ' deep 3, 227 CY $ . 70 $2 , 258 . 90 3. Scarify stockpile area, 1 acre 4, 840 SY $ . 15 $ 726 .00 4 . Seed, fertilize, mulch 6 . 5 AL $500.00 $3,25-0.-00 Moderate Disturbance 5 . Scarify plant site, 3 Acres 14, 520 SY $ . 15 $2 , 178. 00 6 . Spread plant fines on plant site , 3 -Acres , 6" Deep 2 ,420 LY $ . 80 11 , 936 .-00 7 . See-d , fertilize, mulch plant site 3 AC $500. 00 $1 , 500 .00 8. Spread overburden and fin-es on -half of previous year' s pit, 6 . 5 Acres, -6" deep 2 , 622 CY $ .50 $2 ,097 .-60 9 . Backfill slopes to 3: 1 on half of previous year' s ₹ace, shoreline -areas 1 , 614 CY $ .-70 $1 , 129 .-80 10 . Scarify stockpile area 2 , 420 SY $ . 15 $ 363 .00 L-1 890307 Minor Disturbance 11 . Seed, fertilize , mulch 6 .5 AC S-500 . 00 $3 , 250 .-02 12 . Land not released, half of seed, fertilize, and mulch 3 . 25 AC $500 . 02 $1 , 625 . 00 13 . TOTAL $24 , 508 . 70 L-� 890307 EXHIBIT 0 SOURCE OF LEG-Al RIGHT TO ENTER Hall Irwin Construction Company has purchased the land where the mini-ng operation is propose-d . Enclosed is a copy of the Warranty Deed. EX-HI-BIT P OWNER OF RECORD -AND MINERAL RIGHTS The Owner of Record is Hall-Irwin Construction Company. Th-e sand and gravel resource is owned by Hall-Irwin Conatruotion Company and an oil , _gat, an-d mineral lease is held by -Amozo Production Company. 0/P-1 990307 EXHI_ : 0 _ B 1181 REC 02126246 12/29/87 16:19 -$6.00 1/002 Ait21L6246 - F 0874 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO .-`Waurazyty'Deed.e, • • THIS DEED is a conveyance of the real properly described below,including any improvements and other appurtenances(the "property"t from the individuel(s),corporalion(s),parnefship(s).or other entity(res)named below as GRANTOR to theindiv,dual(s) or entitypes)named below as GRANTEE. The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the line to the properly. except for(II the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements end rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record IS) • any protective covenants and restrictions shown of record.and(6)any additional matters shown below under'Additional Warranty Exceptions". The Specific Terms of This Deed Are: • Grantor: IGrve namelsl and Wueot of residence.it the spouse of the owner-grantor is joining in this Deed to release homestead Aphis identify • grantors as husband and wile I REYNOLD HERBST AND WYNONA J. HERBST 12351 WCR #62, GREELEY, CO 80631 • • Grantee: ICne namelsl and add,essfess mem of addressincluding available road of street number,is required I .dti,.IV, Wavy HALL—IRWIN CONSTRUCTION CO., a Colorado Corporation, • 3026 4TH AVENUE, GREELEY, CO 80631 Form of Co-Ownership: Ill there are two or more grantees named,they will be considered to lake as tenants in common unless the words"in • loml tenancy"or words of the same meaning are added m the space below) • Property Description: include county and state I'r State Documentary Fee SEE EXHIBIT A Da}e- `1/9417 $ B.T.? • • Property Address: 12351 WCR #62, GREELEY, CO 80631 �I/\ Consideration: (The statement of a dollar amount optional.mammals consideration for this deed uill he presumed unless this conveyance is "-� - n identified as a gift in any case this conveyance is abwhdl,final and unconditional r • • R ions Restrictions: ill he GRANTOR intends to reserve any interest in the property or to convey less than he owns or it GRANTOR D Is,esmctrng the GRANTEES right in the property make appropriate ind¢Niun I m NONE m 0 a Additional Warranty Exceptions, 'Include deeds of trust being assumed and other matters not covered shore I 5 A • NONE F 3 a Executed by the Grantor on —DE@EMBER--24 ST IS —87 •IT Signature Clause la Corporation.Partnership m Association: -yl{'� Signature Claus"for me Individual's): S-- '/u%.Ly�]7j.*L! %Le�t'IA� C •` Wine of Grantor Corporalron,Partnership or Association Gumor • - . REYNOLD HERBST tz By • WYNONA J. HERB - Grantor d) !�. By Ze •.• 9 7.4.../.., � � h Attest IJ Grantor V I( k $40�TE;DFryG�O1,�RMDO I .40f byin?4srlaseumir(p.0 acknowledged before me ohm 21ST day or - DECc'EMBER .19 87 '-IID(��i,DdiERBST -AND WYNONA J, HERBST 7- J • ill Mears MAIM ti / �C % ll?fi COUFiTmoslo '• I it The bregang instrument was acknowledged before me the day of .le By• tiii. ii • (x name indbidualGranlwnl Or itGranlaiCorporalion.Pwlnershipw Awaciaion.aellidenlifysiaefsespresidanorwbepreabentandaecrelaryof �yl vly,w^� ewbunt MCIWry or owoomgn:or as partneri)W Ari e.ahip:Or as aN1wrLLN mantas)or.aocielgn.) LY9 @e,V.Iii3I''.UI WIT NE ES my hand and ollicial seat r My enmrNaWn metres: .e` yulary Pusi B 1181 REC 02126246 12/29/87 16:19 $6.00 2/002 F 0875 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT "A" The Northwest Quarter of the Northwest Quarter (NW1/4 NWI/4 ) , the South Half of the Northwest Quarter (S1/2 NW1/4 ) , the North Half of the Southwest Quarter (N1/2 SW1/4 ) , the Northwest Quarter of the Southeast Quarter (NW1/4 SE1/4 ) and the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4 ) of Section Thirty-one ( 31 ) , in Township Six (6 ) North, of Range Sixty-six ( 66 ) West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING therefrom that portion conveyed to the County of Weld by Deed recorded March 18, 1916 in Book 429 at page 512 , Weld County Records, being a strip of land 30 feet wide along the Western boundary of the NW1/4 of the SW1/4 and the W1/2 of the NW1/4 . ALSO EXCEPTING therefrom that portion of the W1/2 of the NW1/4 as conveyed to A. B. Owen by Deed recorded January 7 , 1941 in Book 1072 at page 600 , Weld County Records . ALSO -EXCEPTING therefrom that portion of the SW1/4 of the NE1/4 as conveyed to Von Trotha Brothers, Inc . , by Deed recorded July 25 , 1957 in Book 1482 at page 236, Weld County Records. 890307 EXHIBIT P NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET PERCHLIK, Richard A. , Heirs of r/o Kathy E . Dean 1010 - 9th Avenue Greeley, CO 80631 LE BEAU, A. H. & Sons 11651 Weld County Road 62 Greeley, CO 80631 TURNER, Dani-el T. & Janet D . 11820 Weld County Road 62 Greley, CO 80631 TURNER, Daniel T. & Janet D . 11820 Weld County Road 62 Greeley, CO 80631 TIGGES, Mary M. 12404 Weld County Road 64 1/2 Greeley, CO 80631 FIRESTIEN, Wilbert W. & M Ruth 39053 Weld County Road 27 Greeley, CO 80631 HALL-IRWIN CONSTRUCTION COMPANY 3026 Fourth Avenue Greeley, CO 80631 HALL-IRWIN CONSTRUCTION COMPANY 3026 Fourth Avenue Greeley, CO 80631 EIGHTY-THIRD ( 83RD ) JOINT VENTURE P . O. Box 3178 Greeley, CO 80633 LOWE , Ruby Grace c/o Russell Billings 1727-71st Avenue Greeley, CO 80634 890307 A meeting of the W.R . Jones Ditch Co. was held October 10, 1988. Attending were: Dennis -Page, Dan Turner, Ed Orr, 'Russell Billings, Bret Hall and Jay Kernen. Minutes of the annual meeting were read and approved. Bank balance was approximately 4900.00. There was a discussion of ditch repairs needed, including, a headgate on Orr's, the headgate and diversion at the river and the rock dam diversion. Also tiscussed was an election of a Board of Directors and Officers in -a-ccordance with the ditch company bylaws. It was agreed by all present that a proper election would be held at the next annual meeting. Bret Hall presented the plan of Hall-Irwin Construction Company, to expand their gravel operation, and their intent to change their water in the _Jones Ditch from agricultural use to multiple use. There was discussion as to the possible water loss from seep from the Jones Ditch into Hall-Irwin's gravel pits. Motion by Dan Turner to request Hall-Irwin to maintain a 100' set back of all gravel mining Isom the Jones Ditch. -Seconded by Dennis Page. Motion approved. 890337 1 t7 win IC STATE OF WLOPADO Roy Romer, Governor CtCl\L,4 DEPARTMENT OF-NATURAL RESOURCES MINED LAND RECLAMATION DIVISION ' FRED R. BANTA, Director 7 MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL Permit Number: M-86-031 Type of Permit: 110 Permit -Date: January 29, 1988 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. Hall - Irwin Construction Co. (the "Operator") desires to conduct a mining operation known as Herbst Gravel Pit, for the purpose of extracting Sand And Gravel . B. On April 23, 1986, the Mined Land Reclamation Board (the "Board") approved the Operator's application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the Mined Land Reclamation Division (the "Division") of performance warranty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. On April 23, 1986, the Board made the following findings: 1 . The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. , as amended, and with all applicable local , state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man-made structure 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; and 1 • 890307 -2-- 3. The proposed mining and reclamation operations tan be tarried out in conformance with the requirements of the Act. D. The Dperator has -made a showing satisfactory to the -Board: 1 ) that it will employ, during and -after its _underground -mining and/or surface operations, procedures designed to minimize environmental disturbance from such operation; 2) that it will provide for reclamation of the AffectedLands appropriate to the subsequent beneficial use of such lands; and 3) that, in the -event cf the failure of its proposed reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation -of the lands affected by such operations in accordance with the Act. E. A copy of the Operator's application, as amended and supplemented, has been approved by the Board and is, by this reference, incorporated herein. F. Ttte Mined Land Reclamation Board advises the Permittee that all mining operators must comply with all applicable Federal , State and County statutes, including State water law. GRANTS, IONDITIDNS AND AGREEMENTS The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the Operator, to engage in the operations described in the application on certain lands lying in the _County of Weld, State of Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". This permit is issued subject to the following conditions and agreements: 1 ) The Operator will be bound by all applicable requirements of the Act, and all applicable rules and regulations of the Board, as amended from time to time, the terms of the permit application, the terms of the performance warranty, and the terms of the financial warranty filed with the Division. 2) The Operator will file with the Division its annual report and fees -on each anniversary date of this permit. 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Operator or monitoring by the Division indicate that the operation will not be able to comply with the requirements of the Act and applicable rules and regulations of the Board, the Operator hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. 8903n"7 -3- 4) -The Board, or its authorized representative may enter upon the lands of the operator at all reasonably times for the purpose of inspection to determine whether the provisions of the Act have been xomplied +ith pursuant to C.R.S. 34-32-121 . 5) This permit may be revoked or suspended for non-compliance with the Act yr applicable rules or regulations promulgated by the Board. 6) a) Pursuant to 34-32-11-8(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation. b) the Board will enter the lands to perform reclamation only if the board has determined: i. that reclamation required by law to have been performed upon such lands has not been performed, and ii. that financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated. 7) The additional conditions set forth in the attached rider, if -any, are incorporated herein by reference. / / a) Rider is attached. /XX/ b) No rider is attached. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES AN Di rector 6326G 89®3!°7 NOTICS -TD: THOSE APPLYING FOR A SITE SPECIFIC DEVELOPMENT PLAN It is your responsibility to see that a sign is posted on the property under consideration for a Site Specific Development Plan at least ten (10) days prior to the Board of County Commissioners ' hearing _date . Signs for posting are to be obtained from the Department of Planning Services . If you de not have a sign, please contact the Department of Planning Services , 356-4000 , Ext. 4400 . Pursuant to the Weld County Zoning Ordinance, a notice concerning your hearing has been , or will be, published in the Platteville Herald, the legal newspaper for Weld County. If your request is approved, a second legal notice will be published. You are responsible for payment of publication of these notices and will be billed by the newspaper. '`947 7 771(�6 r ya-Zece, --j(211wP m et 890307 Hello