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'sa I a`€ a ==4: ^ a ; a€ g ffi,. $�qo - 21 € <s � " < as„° <_ : " a s41„ 4 R5° a .. 42i < <9e g°e °S <5< ax <e <� a aS a sa amaa8'o°0 aaaa , II o •Ei - - -- -- i— Rke #1 Qs`e 74O "gg =so =gym -gym RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED SPECIAL USE PERMIT FOR OFFICES AND A GRAVEL PIT IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY BOARD OF COMMISSIONERS 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 16th day of February, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of the Weld County Board of Commissioners, 915 10th Street, P.O. Box 758, Greeley, Colorado 80632, for a Site Specific Development Plan and Seconded Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW* and part of the SE* of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Don Carroll, Administrative Manager of the Weld County Engineering Department, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Use 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 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. Reasonable efforts have been made to avoid irrigated cropland. The subject site is currently used as offices and a gravel mine. 1O1,0531/ 940183 e( SECOND AMENDED SPECIAL USE PERMIT - WELD COUNTY BOARD OF COMMISSIONERS PAGE 2 b. The gravel pit will not have an undue adverse effect on existing and future development of the surrounding area as set forth in the Weld County Comprehensive Plan. In addition, the City of Greeley found no conflicts with its interests. c. The design of the proposed facility and attached development standards mitigate negative impacts on the surrounding area to the greatest extent feasible. d. The site will be maintained in such a manner as to control soil erosion, dust, and the growth of noxious weeds. e. The applicant has agreed to implement any reasonable measures to protect the health, safety, and welfare of the inhabitants of Weld County and to mitigate any potential adverse impacts from the proposed land use. f. All reasonable alternatives to the proposal have been adequately assessed. The proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. g. The gravel mine and offices will meet Colorado Department of Health and Weld County air quality standards. Special Use Permit Development Standards address these concerns. h. Adequate utilities currently serve the site. i. The gravel mine and offices will not unreasonably interfere with any known significant wildlife habitat, unique natural resource, historic landmark, or archaeological site within the affected area. j . The property lies within the A-P (Airport) Overlay District, and portions of the property lie within the Flood Hazard Overlay District. The structures presently located on site appear to be in compliance with Overlay District requirements. However, any new structures which may be built on the site would need to conform to requirements of both Overlay Districts which affect the site. k. Special Use Permit 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 Seconded Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 940183 SECOND AMENDED SPECIAL USE PERMIT - WELD COUNTY BOARD OF COMMISSIONERS PAGE 3 1. The attached Development Standards for the Second Amended Special Use Permit shall be adopted and placed on the Special Use plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Use activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Use plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Special Use plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Prior to recording the plat, the noncommercial junkyard consisting of appliances, tires, and miscellaneous second-hand building materials located in the northwest corner of the parking area shall come into compliance with the Weld County Zoning Ordinance. 5. Within 30 days of approval, evidence shall be submitted to the Department of Planning Services Office that: a. The existing Emission Permit shall be modified if the Air Pollution Control Division of the Colorado Department of Health determines such a modification is necessary. b. The existing National Pollution Discharge Elimination System Permit shall be amended if the Colorado Department of Health determines that such a modification represents a significant change in- the discharge. c. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of that review shall be submitted to the Weld County Health Department before the required Individual Sewage Disposal System Evaluation can be performed. d. Any existing septic systems which are not currently permitted through the Weld County Health Department shall have an Individual Sewage Disposal System Evaluation prior to the issuance of the required septic permit. 940183 0 IIII SECOND AMENDED SPECIAL USE PERMIT - WELD COUNTY BOARD OF COMMISSIONERS PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of February, A.D. , 1994. /0BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO ,711 Weld County Clerk to the Board j�� /f�� `JI '��'„,41),V 77) � Webster, C air a a-Lei A-TkLac"--'BY: , Deput Clerk to the Board Dale Hall, P o- em APPROVED AS TO FORM: A__...-r4 --;,, c---_ ,.21�i- , eo ge Ed/Baxter oun y Attor ey o tance L. Harbert 1 Barbara J. Kirkmeyer e 940183 SITE SPECIFIC DEVELOPMENT PLAN SECOND AMENDED SPECIAL USE PERMIT DEVELOPMENT STANDARDS WELD COUNTY BOARD OF COMMISSIONERS SECOND AMENDED SUP #369 1. The Site Specific Development Plan and Second Amended Special Use Permit is for offices and a gravel pit in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The gravel operation shall comply with Section 44.4, Operation Policies of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. 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. No permanent disposal of wastes shall be permitted at this site. 6. 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 shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided. 10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 11. This facility shall utilize the existing public water supply. 12. If the amount of exposed water surface exceeds 22.38 acres, the applicant shall notify the Central Colorado Water Conservancy District. 13. An emission permit (fugitive dust) shall be obtained from the Air Pollution Control Division of the Colorado Department of Health for dust emissions (mining activities, road construction, and parking lot area) . 14. A separate emission permit shall be obtained for the portable rock crusher. 15. A National Pollutant Discharge Elimination System Permit shall be obtained from the Water Quality Control Division, Colorado Department of Health for discharge of water into the Cache La Poudre River. 940183 DEVELOPMENT STANDARDS - WELD COUNTY BOARD OF COMMISSIONERS PAGE 2 16. No diking or berming shall be allowed on the Special Use area which would cause damage to upstream or downstream properties by altering the historic drainage pattern. 17. No stockpile of topsoil, overburden, spoils, or sand and gravel shall be permitted within the 100-year floodplain limit. 18. An agreement with the owners of the property shown as "Greeley Saddle Club" addressing the necessity, type, and amount of protection needed between the properties to separate and protect each owner's interests shall be reached prior to mining the area adjacent to the Greeley Saddle Club property. A copy of the agreement shall be submitted to the Department of Planning Services. 19. Land uses associated with this site shall conform to the regulations of the A-P (Airport) Overlay District and the approved Flood Hazard Development Permit (FHOP-214) . 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. 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. 24. The Special Use area shall be 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 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. 25. 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. 940183 \VL rt \t/' DATE: January 18, 1994 CASE NUMBER: 2nd Amended SUP-369 APPLICANT: Weld County Board of County Commissioners ADDRESS: 915 10th Street, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to North 11th Avenue and north of the Cache La Poudre River, approximately 1/2 mile south of Weld County Road 64. 1. The submitted materials are in compliance with the application requirements of Section 24.7 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: - Reasonable efforts have been made to avoid irrigated cropland. The subject site is currently used as offices and a gravel mine. - The gravel pit will not have an undue adverse effect on existing and future development of the surrounding area as set forth in the Weld County Comprehensive Plan. In addition, the City of Greeley found no conflicts with its interests. - The design of the proposed facility and attached development standards mitigate negative impacts on the surrounding area to the greatest extent feasible. - The site will be maintained in such a manner as to control soil erosion, dust, and the growth of noxious weeds. - The applicant has agreed to implement any reasonable measures to protect the health, safety, and welfare of the inhabitants of Weld County and to mitigate any potential adverse impacts from the proposed land use. All reasonable alternatives to the proposal have been adequately assessed. The proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. - The gravel mine and offices will meet Colorado Department of Health and Weld County air quality standards. Special Review permit development standards address these concerns. Adequate utilities currently serve the site. RECOMMENDATION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 2 The gravel mine and offices will not unreasonably interfere with any known significant wildlife habitat, unique natural resource, historic landmark, or archaeological site within the affected area. - The property lies within the A-P (Airport) Overlay District, and portions of the property lie within the Flood Hazard Overlay District. The strictures presently located on-site appear to be in compliance with Overlay District requirements. However, any new structures which may be built on the site would need to conform to requirements of both Overlay Districts which affect the site. Special Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 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. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 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. The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the development standards. 4. Prior to recording the plat, the noncommercial junkyard consisting of appliances, tires, and miscellaneous second-hand building materials located in the northwest corner of the parking area shall come into compliance with the Weld County Zoning Ordinance. RECOMMENDATION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 3 S. Within 30 days of approval, evidence shall be submitted to the Department of Planning Services office that: a. The existing Emission Permit shall be modified if the Air Pollution Control Division of the Colorado Department of Health determines such a modification is necessary. b. The existing National Pollution Discharge Elimination System permit shall be amended if the Colorado Department of Health determines that such a modification represents a significant change in the discharge. c. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department before the required Individual Sewage Disposal System Evaluation can be performed. d. Any existing septic systems which are not currently permitted through the Weld County Health Department shall have an Individual Sewage Disposal System Evaluation prior to the issuance of the required septic permit. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Board of County Commissioners 2nd Amended SUP-369 1. The Site Specific Development Plan and Special Review permit is for offices and a gravel pit in the A (Agricultural) zone district 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 Section 90 of the Weld County Zoning Ordinance. 3. The gravel operation shall comply with Section 44.4, Operation Policies of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. 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. No permanent disposal of wastes shall be permitted at this site. 6. 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 shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided for the public. 10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 11. This facility shall utilize the existing public water supply. 12. If the amount of exposed water surface exceeds 22.38 acres, the applicant shall notify the Central Colorado Water Conservancy District. 13. An emission permit (fugitive dust) shall be obtained from the Air Pollution Control Division of the Colorado Department of Health for dust emissions (mining activities, road construction, and parking lot area) . 14. A separate emission permit shall be obtained for the portable rock crusher. DEVELOPMENT STANDARDS, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 2 15. A National Pollutant Discharge Elimination System permit shall be obtained from the Water Quality Control Division, Colorado Department of Health for discharge of water into the Cache La Poudre River. 16. No diking or berming shall be allowed on the Use by Special Review area which would cause damage to upstream or downstream properties by altering the historic drainage pattern. 17. No stockpile of topsoil, overburden spoils or sand and gravel shall be permitted within the 100 year floodplain limit. 18. An agreement with the owners of the property shown as "Greeley Saddle Club" addressing the necessity, type, and amount of protection needed between the properties to separate and protect each owner's interests, shall be reached prior to mining the area adjacent to the Greeley Saddle Club property. A copy of the agreement shall be submitted to the Department of Planning Services. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. 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. 23. 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 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 24. 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. IF BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning commission that the application for: CASE NUMBER: 2nd Amended SUP-369 APPLICANT: Weld County Board of County Commissioners ADDRESS: 915 1Oth Street, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to North 11th Avenue and north of the Cache La Poudre River, approximately 1/2 mile south of Weld County Road 64. 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 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - Reasonable efforts have been made to avoid irrigated cropland. The subject site is currently used as offices and a gravel mine. The gravel pit will not have an undue adverse effect on existing and future development of the surrounding area as set forth in the Weld County Comprehensive Plan. In addition, the City of Greeley found no conflicts with its interests. - The design of the proposed facility and attached development standards mitigate negative impacts on the surrounding area to the greatest extent feasible. - The site will be maintained in such a manner as to control soil erosion, dust, and the growth of noxious weeds. - The applicant has agreed to implement any reasonable measures to protect the health, safety, and welfare of the inhabitants of Weld County and to mitigate any potential adverse impacts from the proposed land use. - All reasonable alternatives to the proposal have been adequately assessed. The proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. • 10) CORRECTED RESOLUTION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 2 - The gravel mine and offices will meet Colorado Department of Health and Weld County air quality standards. Special Review permit development standards address these concerns. - Adequate utilities currently serve the site. - The gravel mine and offices will not unreasonably interfere with any known significant wildlife habitat, unique natural resource, historic landmark, or archaeological site within the affected area. - The property lies within the A-P (Airport) Overlay District, and portions of the property lie within the Flood Hazard Overlay District. The structures presently located on-site appear to be in compliance with Overlay District requirements. However, any new structures which may be built on the site would need to conform to requirements of both Overlay Districts which affect the site. - Special Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 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. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 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. The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the development standards. IllOll Ole CORRECTED RESOLUTION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 3 4. Prior to recording the plat, the noncommercial junkyard consisting of appliances, tires, and miscellaneous second-hand building materials located in the northwest corner of the parking area shall come into compliance with the Weld County Zoning Ordinance. 5. Within 30 days of approval, evidence shall be submitted to the Department of Planning Services office that: a. The existing Emission Permit shall be modified if the Air Pollution Control Division of the Colorado Department of Health determines such a modification is necessary. b. The existing National Pollution Discharge Elimination System permit shall be amended if the Colorado Department of Health determines that such a modification represents a significant change in the discharge. c. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department before the required Individual Sewage Disposal System Evaluation can be performed. d. Any existing septic systems which are not currently permitted through the Weld County Health Department shall have an Individual Sewage Disposal System Evaluation prior to the issuance of the required septic permit. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Richard Kimmel Bill O'Hare Juliette Kroekel Marie Koolstra Ron Sommer Tom Rulon Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on January 18, 1994. ed the 1 h of Janu 1994. aryn F ff Secretary S SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Board of County Commissioners 2nd Amended SUP-369 1. The Site Specific Development Plan and Special Review permit is for offices and a gravel pit in the A (Agricultural) zone district 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 Section 90 of the Weld County Zoning Ordinance. 3. The gravel operation shall comply with Section 44.4, Operation Policies of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. 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. No permanent disposal of wastes shall be permitted at this site. 6. 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 shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided,fo. tie pixb₹ c: 10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 11. This facility shall utilize the existing public water supply. 12. If the amount of exposed water surface exceeds 22.38 acres, the applicant shall notify the Central Colorado Water Conservancy District. 13. An emission permit (fugitive dust) shall be obtained from the Air Pollution Control Division of the Colorado Department of Health for dust emissions (mining activities, road construction, and parking lot area) . 14. A separate emission permit shall be obtained for the portable rock crusher. 15. A National Pollutant Discharge Elimination System permit shall be obtained from the Water Quality Control Division, Colorado Department of Health for discharge of water into the Cache La Poudre River. DEVELOPMENT STANDARDS, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 2 16. No diking or berming shall be allowed on the Use by Special Review area which would cause damage to upstream or downstream properties by altering the historic drainage pattern. 17. No stockpile of topsoil, overburden spoils or sand and gravel shall be permitted within the 100 year floodplain limit. 18. An agreement with the owners of the property shown as "Greeley Saddle Club" addressing the necessity, type, and amount of protection needed between the properties to separate and protect each owner' s interests, shall be reached prior to mining the area adjacent to the Greeley Saddle Club property. A copy of the agreement shall be submitted to the Department of Planning Services. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. 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. 23. 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 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 24. 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. r f LAND-USE APPLICATION SUMMARY SHEET Date: January 18, 1994 CASE NUMBER: 2nd Amended SUP-369 NAME: Weld County Board of County Commissioners ADDRESS: 915 10th Street, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to N. 11th Avenue and north of the Cache La Poudre River; approximately 1/2 miles south of Weld County Road 64. SIZE OF PARCEL: 87.5 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Army Corps of Engineers 2. Central Colorado Water Conservancy District 3. Weld County Health Department 4. Weld County Engineering Department 5. City of Greeley 6. Weld County Office of Emergency Management The Department of Planning Services' staff has not received referral responses from: 1. Colorado Division of Water Resources 2. Colorado Water Conservation Board 3. Division of Wildlife 4. Western Hills Fire Protection District 5. Left Hand Water District 6. Greeley Soil Conservation District. The Department of Planning Services' staff has not received any objections from surrounding property owners. ii. E . *,.„, ai, , !,,, A isi Tai 0, . t—fr , . . 4 •MR A Ay% zo r. t w In Clerk to the Board February 14, 1994 7_,.. , .. °® To Date Greg Thompson, Current Planner r,,------- COLORADO From Second AM SUP-369 Subject After reviewing the amended plat for the abovementioned case, the City of Greeley has offered additional comments. Please include the enclosed with the case file. A ti DEPARTMENT OF PLANNING SERVICES I'lI PHONE(303)353.3845, EXT. 3540 l: :‘1 • l'::,1 WELD COUNTY ADMINISTRATIVE OFFICES ., :0 1400 N. 17TH AVENUE;4-, ;,4:�4 GREELEY, COLORADO 80631 IIIL t w (C,1 to L RA s February 9, 1994 Lanell Adler City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 Subject: 2nd Amended SUP-369, located in part of the S2 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. Dear Lanell: I have enclosed an amended plat for the abovementioned case which shows several areas which were added to the plat. These were added to better describe what is actually on-site. The area of outdoor storage contains various equipment which is utilized primarily in the construction and maintenance of county roads. The impound area is a holding location for automobiles confiscated, or otherwise being held by the Weld County Sheriff's Office. On Sheet #2, areas of proposed material storage related to the on-site gravel use are noted. These areas have been added to the plat to accurately represent what on-site. Please review the enclosed amended plats and respond before the Board of County Commissioners hearing scheduled for February 16, 1994, at 10:00 a.m. If any questions arise, please call. Sincerely, il &L.r2T C4,7117 Greg Thompson Current Planner ii 6 , .. 0,,, ,tr- ia , ‘ .. „, Clerk to the Board February 8, 1994 Y n'_. I; To Date Z, ` ® Greg Thompson, Current Planner / COLORADO From Second AM SUP-369 Subject' Please include the enclosed with the abovementioned case file. 104 Clerk to the Board February 7, 1994 i � '`• To Date „ "c Greg Thompson, Current Planner G COLORADO From 2nd Amended SUP-369 Subject. Enclosed, please find 6 copies of an amended plat for the above-mentioned case. Please include one in the official case file and the others in each County Commissioner packet. Thanks! , ,, , \, / 0 , - E! ,u ' i. ., '. .. , 01&. yt, , 4,,,,,,, 72. r a To Greg Thompson, Current P1 amnerpate February 7, 1994 COLORADO From Donald R. Carroll, Administrative Manager `., Subject: SUP-369, Second Amendment - Giesert Gravel Pit This memo is to clarify Planning Services staff recommendations and development standards. Under Staff Recommendation - Item No. 4 - On February 3, 1994, Commissioner Kirkmeyer, Dave Becker, Greg Thompson and myself met on site and discussed the non-commercial junkyard area. It was agreed that Dave Becker would clean up and remove from the site, all appliances, tires, and miscellaneous second-hand building materials at the northwest corner of the parking lot area. We also agreed to relabel this area on the plat as an outdoor storage area consisting of snow plow blades, and miscellaneous county equipment. Just south of the open storage area is the Sheriff's impound facility. This is also identified on the plat. Under Development Standards - Item No. 17 - Weld County is applying for a Flood Hazard Development Permit to be able to stockpile topsoil, overburden, or sand and gravel within the 100-year and the 500-year floodplain area. Please refer to Exhibit C, Sheets 1 and 2 for locations and stockpile material areas. DRC/mw:prgies.mrw T L�1 ►_'lam\ cc: Commissioner Kirkmeyer 0 v 1994 ` SUP 369 - Giesert Gravel Pit --� a'nl'7!�r5 6119 I, g R h.. i., ``` DEPARTMENT OF PLANNING SERVICES ry , PHONE(303) 353-3845, EXT. 3540 " 'f* WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE . 4 ,� °' GREELEY, COLORADO 80631 COLORADO February 2, 1994 Dave Jones Tuttle Applegate, Inc. 11990 Grant Street, Suite 410 Denver, CO 80233 Subject: Geisert gravel pit amendment application. Dear Mr. Jones: At Assistant County Attorney Lee Morrison' s request, I have enclosed a copy of Weld County's application to amend the Geisert gravel pit. If you have any questions, please direct them to his office, 356-4000, Ext. 4391. Sincerely, AAN gitik------- Greg T ompson Current Planner rh 4**I1 mE 0R44. ,t, u: 4 :. Clerk to the Board January 31, 1994 To Date ® Greg Thompson, Current Planner d< COLORADO From Second AM SUP-369 Subject Please include the enclosed referral response and related information from the Colorado Office of the State Engineer, Division of Water Resources, in the abovementioned case file. to fac,,, ...." mEntioRnnDlIfil Clerk to the Board January 24, 1994 ®' To Date ,- Greg Thompson, Current Planner U7 COLORADO From Second AM SUP-369 Subject: I have enclosed a copy of the Planning Commission Resolution and a summary of the Weld County Planning Commission Minutes for the first Amended SUP-369 Planning Commission hearing. w mEnoRnnDum i i✓; C��_7l 4 WELDiTo Donald R. Carroll Date December 14, 1982 Administrative Manager, Engineering COLORADO From Chuck Cunliffe, Director of Planning Services �. subject: Transfer of Special Use Permit This is to acknowledge receipt of your memo dated December 9, 1982, requesting the transfer of SUP-369:78:21 to Weld County. Your memo will serve as adequate documentation to transfer the permit from Richard H. and Francis M. Geisert to Weld County. Please be advised that Weld County is required to comply with the approved Operation Standards for the open-cut mining operation. The Operation Standards are found on the Special Use Permit plat recorded in Book 855 under reception #1776594. If you have any questions concerning the Operation Standards, please call. CC:rg mEfOk . S F 44(*i } ' Trevor Jiricek, Health Department October 18, 1993 To Date COLORADO �f�1T /1 p T1A Keith A. Schuett, Current Planner / C LORADO From Keenesburg Mine and Ash Disposal SUP-386 A Subject: The Department of Planning Services' staff has reviewed Mr. Jack Epple's September 23 letter. In this letter Mr. Epple requests the disposal of non-coal waste. The Special Review Permit Development Standard 12 states in part: The applicant shall dispose of only those materials from sources which have been reviewed and approved by the Health Department staff. - - -' - - - -- - - - Ii . l r TUTTLE APPLEGATE INC. , Consultants for Land and Resource Development May 13, 1993 Mr. Gary Witt Wright Water Engineers, Inc. 2490 West 26th Avenue Suite 100A Denver, Colorado 80211 RE: Application for Substitute Supply Plan for Weld County, Geisert Pit, MLRD Permit No. 78-210 Dear Gary: The following are responses to each of the items identified in your review of the subject substitute supply plan: 1. A copy of the aerial photograph is attached which was used to identify the location of the Pre-1981 lakes on the subject site. 2 . The 600 foot spacing, as we understand does not apply to the Geisert Pit because it is an existing pit prior to Senate Bill 120 . 3. The original table outlining the depletions due to the mining operation has been revised with the use of 70 percent effective precipitation and no evaporation was assumed in the months of January and February when the gravel pit lakes are typically frozen over. The revised Table No. 1 is included with this letter. Effective precipitation credit was not taken for the lake area where credit for historic consumptive use by phreatophytes was taken. 4 . Historic native consumptive use of the area identified in the substitute supply plan can be supported by the fact that the soil type in the area is characterized by a very high water table. The consumptive use of the native vegetation in wet marshy areas has been identified as 27 .4 inches per year in water court in case W-7813-74. This same value has been assumed for the historic consumptive use for the Geisert Pit. 11990 Grant Street, #410 Telephone: (303 ) 452-6611 Denver, Colorado 80233 Facsimile: (303 ) 452-2759 Mr. Gary Witt Wright Water Engineers, Inc. May 13, 1993 Page 2 5. The replacement source for this plan has been changed. The depletions at the Geisert Pit will be augmented under the Central Colorado Water Conservancy District augmentation plan. Central Colorado will use their water rights to augment the depletions at the site and will coordinate replacements and reporting with the State Engineer's Office. A copy of the agreement between Weld County and CCWCD is attached with this letter. The Geisert Pit is not being mined at this time and will not be mined for several years. Consequently the only water use associated with the operation at this time is evaporation. The annual net evaporation at the Geisert Pit is 29.94 acre-feet. The monthly quantities of depletions are listed on the revised Table No. 1. If any further information is required, please do not hesitate to call. Cordially, TUTTLE APPLEGATE, INC. Dave J es DJ/sjr Encs. cc: File #93-145 Lee Morrison, Weld County Print Date: 13-May-23 • Tuttle Applegate, Inc. TABLE 1 Consultants for Land and Resource Development WELD COUNTY GEISERT PIT *AAk******AAAAAAAAAAAAAAAk*r***AAAAAA*AAAAAAAAAAAAAk* *Annual Sales of Material = 0 Tons * *Moisture Content of Material 4 % * *Gross Lake Evaporation = 40.5 In/Yr. * *Annual Precipitation= 12.13 In/Yr. * *Wetlands Cons. Use= 27.4 In/Yr. * **********AAAAAAAAAAAAAAAAAk***AAAAAAAAAAAAA*AAkAAAk *AAAAOPERATIONAL LOSSES*k*Ak ANNUAL DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Sand and Gravel Sales Percent of Yearly Sales 2.40 3.20 4.00 6.00 8.00 12.00 18.00 20.00 16.00 4.00 3.20 3.20 100.00 Monthly Sales Volume 0 0 0 0 0 0 0 0 0 0 0 0 0 Moisture Loss in Material(ac-ft) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dust Control (ac-ft) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MONTHLY CONSUMPTION 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AAAAAAAAAAAAAAAAAk***k*AAAAAAAAAAAAA *Total Lake Surface * 28.09 acres *Pre-1981 Ponds * 5.71 acres *Net Lake Surface * 22.38 acres *Acreage with Effective * 6.29 acres Precipitation Credit *Acreage with Historic * 16.09 acres Phreatophyte C.U. Credit * AAAAAAAAAAAAAk***A*AAAAAAAAAAAAk**** ANNUAL AAA**EVAPORATIVE LOSSES*AAAA DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Evaporation as % of Annual 2.90% 3.20% 4.50% 6.70% 9.00% 13.40% 15.90% 15.20% 12.10% 8.30% 5.40%. 3.40% 100.00% Gross Lake Evaporation (ft.) 0.00 0.00 0.15 0.23 0.30 0.45 0.54 0.51 0.41 0.28 0.18 0.11 3.17 Precipitation (in.) 0.28 0.23 0.76 1.42 2.36 1.71 1.32 1.27 1.09 0.90 0.46 0.33 12.13 Effective Precipitation (ft.) 0.02 0.01 0.04 0.08 0.14 0.10 0.08 0.07 0.06 0.05 0.03 0.02 0.71 Net Lake Evaporation (ft) 0.00 0.00 0.11 0.14 0.17 0.35 0.46 0.44 0.34 0.23 0.16 0.10 2.49 Credit for Historic Cons. Use (ft) 0.00 0.00 0.00 0.19 0.25 0.38 0.45 0.43 0.34 0.24 0.00 0.00 2.28 NET LAKE EVAPORTATION (ac-ft) 0.00 0.00 0.68 0.90 1.04 2.22 2.89 2.76 2.17 1.43 0.98 0.60 15.67 (area with effec. precip. credit) NET LAKE EVAPORTATION (ac-ft) 0.00 0.00 2.44 0.59 0.79 1.17 1.39 1.33 1.06 0.73 2.93 1.85 14.27 (area with phreatophyte credit) INET EVAPORATION (ac-ft) 0.00 0.00 3.12 1.49 1.83 3.39 4.28 4.09 3.23 2.16 3.91 2.45 29.94 'TOTAL DEPLETIIONS (AC-FT) 0.00 0.00 3.12 1.49 1.83 3.39 4.28 4.09 3.23 2.16 3.91 2.45 29.94 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this A (;i i'day of r J, , 1992 by and between Weld County by and through its Board of County Commissioners hereinafter referred to as "Weld County,"and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, hereinafter referred to as "Central," pursuant to §29-1-203 C.R.S., §37-45-101 et seq C.R.S., §30-11-101 et seq C.R.S. and Article II, §2-3, Weld County Home Rule Charter. WITNESSETH: WHEREAS, Weld County owns property described on Exhibit 1, attached hereto and made a part hereof, hereinafter referred to as the "property," and has obtained from the Colorado Mined Land Reclamation Board a Mining Permit, to conduct sand and gravel operations on the property at the location of what is commonly referred to as the Giesert Pit; and WHEREAS, the mining operations have an impact on the historical surface and ground water patterns in the area and excavation of the Giesert Pit results in additional evaporation which will adversely affect Central unless augmented; and WHEREAS, Central has no objection to Weld County's mining operations and reclamation if the concerns expressed above are addressed and the interests of Central are satisfactorily protected. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants of the parties hereto, IT IS AGREED AS FOLLOWS: 1. Weld County shall conduct its mining operations on the property in accordance with ` the mining and reclamation plan as finally approved by the Colorado Mined Land Reclamation • Board. • . 2. Weld County will file an application for water rights, including storage rights, claiming that it has made an appropriation of water, and will file an application for a well permit, for any uses other than evaporation, gravel washing, dust suppression, water retained in material and reclamation made upon the property using water from the Hokestra Pit. All other uses must be augmented in time, location and amount to replace any out-of-priority depletions so as to prevent injury to vested water rights. 3. Weld County has constructed the Giesert Pit pursuant to the approved Mining and Reclamation Plan in a good and workmanlike manner and will equip the Giesert Pit with such structures as are required by law. EIKILACCWOWELDNAORPE2 . 1 • 4. Weld County owns 1 share of the Lupton Bottoms Ditch Company. For purposes of this Agreement, it is assumed that the historical consumptive use attributable to the share is 100 acre-feet . Weld County will, and does hereby, for the term of this Agreement and any extensions thereto, assign the use of said share to Central free of any cost, and Central shall administer the share to augment the South Platte River in accordance with the gravel pit augmentation policy of Central and in accordance with the terms of the Petition for Class D Non-irrigation water Allotment contract attached hereto as Exhibit 2 and made a part hereof, to replace depletion resulting from the Giesert Pit, except Central shall have no obligation to file or obtain a well permit or Court approved augmentation plan. The share will be administered by Central under Central's existing substitute supply plan. For purposes of this Agreement it is assumed that the Giesert Pit results in an annual evaporative depletion of approximately_2.49 acre-feet of water for each surface acre of water exposed. Since 1981 Weld County has exposed 22.38 surface acres of water in the Giesert Pit. Water will be used in the mining operation for reclamation, gravel washing, dust suppression and by exporting the gravel from the site. The consumptive use for the reclamation shall be assumed to be 2.0 acre feet per acre irrigated. The consumptive use for the remaining uses shall be assumed to be 0 acre feet per year because there is no current mining. It is anticipated that initially Central will use approximately 25.79 acre-feet of the 100 acre-feet of historical consumptive use attributable to the. share to replace out-of-priority depletion attributable to the mining operation at the Giesert Pit. Any remainder of the 100 acre-feet which is not required for replacement for depletions associated with the Giesert Pit ("Remainder Water") may be used by Central for its own purposes, except that the 1 share of Lupton Bottoms is also dedicated to the augmentation of the Hokestra Pit and Koenig Pit which are the subject of Intergovernmental Agreements between the parties. Weld County shall annually measure the surface acres of the Giesert Pit for which replacement water is required, determine the acres irrigated for reclamation, determine the tons of material exported, record the amount of water used for gravel washing and dust suppression and shall submit such measurements to Central. Based on such measurements, Central shall provide replacement of depletion caused thereby from the Remainder Water . In no event shall the total replacement made by Central exceed the amount of water delivered by and available from the 1 share of the Lupton Bottoms Ditch Company in any water year. The share has no historical consumptive use in the months of November through March. Central will use its existing supplies, subject to prior commitments, to provide replacement water needed for out-of-priority depletions in those months but Central does not guarantee the availability of such water or the approval of the State Engineer. Should Central determine it cannot provide such replacement water, or should the State Engineer not approve the available supplies, Central will notify Weld County and either party may terminate this Agreement forthwith upon notice to the other party. A map setting forth a graphic representation of the location of the Giesert Pit is attached hereto as Exhibit 3 and is made a part hereof. 5. Weld County shall pay all assessments on the 1 share of the Lupton Bottoms Ditch Company while the Agreement is in effect and shall have the right to vote the share. 6. In the event that thel share of the Lupton Bottoms Ditch Company is not sufficient to fully replace depletions attributable to the Giesert Pit as required by law, Weld County shall . F: CCWC\WELD AOREE2 2 . r • • make additional water or water rights available to Central, from a source acceptable to Central, to the extent necessary to replace such depletions or this agreement may be terminated by either party upon 30 day written notice. 7. It is understood by Weld County that Central is a party to litigation.challenging the constitutionality,effect and validity of Senate Bill 90-120. The parties agree that nothing herein shall be taken as an admission, or statement of position contrary to or in degradation of any position taken by Central in any litigation. Nothing in this Agreement shall be taken as an admission by Weld County that Senate Bill 90-120 is unlawful.If Senate Bill 90-120, or portions • • thereof, are determined unconstitutional, then Weld County agrees to make replacement as required by law and shall provide any additional water necessary for such replacement. 8. Central shall not raise any objection to the mining or reclamation of the property so long as the same is conducted in accordance with the provisions hereof and the approved mining and reclamation plans. - 9. This Intergovernmental Agreement may be enforced by either the Weld County or Central by seeking any appropriate equitable or legal remedies, including injunctive relief, specific performance, and damages. In the event that litigation is commenced to obtain such enforcement, and Central prevails, Weld County and/or its successors and assigns agree to pay for any reasonable attorneys fees and court costs expended by Central in obtaining such enforcement. However, if Weld County prevails, Central shall pay all reasonable attorneys fees and court costs expended by Weld County. 10. Subject to the provisions regarding termination in paragraphs 4 and 6, above, the term of this Agreement shall be until December 31, 1992 and shall be automatically extended for one year periods thereafter unless terminated upon written notice given 30 days in advance of the end of the one year period then in existence. 11. Weld County is hereby granted by Central a first right of refusal to purchase 13 acre-feet of storage space in the Neeland Siebring Reservoir (Herbst Pit)adjudicated in 88-CW- 127. Central shall notify Weld County of the terms and conditions upon which it intends to sell • storage space in the Siebring Reservoir and Weld County shall have thirty days in which to meet the terms and conditions for purchase of the storage space. If Weld County and Central do not • enter a written contract for sale of the storage space within thirty days from written notification to Weld County the first right of refusal shall be deemed terminated. Furthermore, it is explicitly understood by the parties that the right to purchase 13 acre-feet of storage space does not include any water rights. 12. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. 13. This Agreement is binding upon the parties, their successors and assigns. RUCIMACCWOWELMAGREP2 3 -- --------- -------- • 14. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Robert W. Walker, President • ATTFST: (seal) _1� d11 V6IJ Secretary WELD COUNTY By Chairman, Boa of County Commissioners ATTEST: ' ziett • WELD COUNTY CLERK TO THE BOARD BY: `h l'L1c k `i (• DEPUTY CLERK TO THE BOARD • • PAKDACCWCIWELMAGREE2 4 t Exhibit 1 • An 87.547 acre tract contained in a portion of the Northeast Quarter of the Southwest Quarter (NESW;() , the Northwest Quarter of the Southeast Quarter (NW3(,SE3f) and the Northeast Quarter of the Southeast Quarter (NE3(SE4) , all of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, State of Colorado. . mtmoRnnDurn To Chuck C it 1 i ffa Date January 12, 1982 COLORADO From Thom Honn Subject: North 11th Avenue Property The following summary of the two concerns is a result of telephone conversations with Sam Saski, City of Greeley, and Julia Turney, Colorado Geological Survey. 1. Question of City of Greeley boundary and jurisdiction: A portion of the site appears to be located in the City. The limits are described as the "center of the river channel" which existed approximately fifty years ago when this was annexed. (Would suggest a detail check to determine location of the city limit.) Portion in the City is I-2 zoning. The City I-2 would appear to permit the storage and shop uses. Setback from 11th Avenue is 50 feet. Floodproofing (cert. by P.E.) is required by City. A protion of the southern site may have been a landfill. 2. Qestion of commercial minerals (statute) : It would appear to be satisfied by the argument of small percentage of the site being used for nonextraction uses. TEH:rjg FIELD CHECK FILING NUMBER: Second AM SUP-369 DATE OF INSPECTION: December 17, 1993 APPLICANT'S NAME: Weld County Board of County Commissioners REQUEST: A Site Specific Development Plan and an Amended Special Use permit for offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to North 11th Avenue and North of the Cache La Poudre River. LAND USE: N County Administrative offices, oil and gas production, lake E Single family residence, mobile home park, meat packing facility S Oil and gas production, City of Greeley, Cache La Poudre River, Island Grove Park W Cache La Poudre River, oil and gas production, lakes, gravel mine operations ZONING: N A (Agricultural) and the City of Greeley E The City of Greeley S The City of Greeley W A (Agricultural) and I-3 (Industrial) COMMENTS: The gravel mine is already in operation. The terrain is relatively flat except for mines which have been or are in the process of being dug. The access is from North 11th Avenue. Buildings, areas of parking, and a pond are as noted on the plat. There is a noncommercial junkyard consisting of various appliances, tires, and miscellaneous second hand building materials located in the northwest corner of the parking area. There is one mobile home on the property in the southwest corner of the parking lot. At'i/rd('-` Greg Thbinpson 1P— Currene/Planner FIELD CHECK FILING NUMBER: 2nd Amended SUP-369 DATE OF INSPECTION: /,1/4/42 APPLICANT'S NAME: Weld County c3C---(/ CURRENT PLANNER: Greg Thompson REQUEST: A Site Specific Development Plan and a 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to N. 11th Avenue and north of the Cache La Poudre River; approximately 1/2 mile south of Weld County Road 64. LAND USE: N ,_ ./?? h�'�^ /Z/J!l` ' -- E / ,/r///— S J2e-A-( r-f-, W // /'W i ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: 64e, ---- ,16,.€0.-- / 7�� eta. NOTICE The Board of County Commissioners of Weld County, Colorado, on February 16, 1994, conditionally approved a Site Specific Development Plan and Second Amended Special Use 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: Weld County Board of County Commissioners 915 10th Street P.O. Box 758 Greeley, Colorado 80632 LEGAL DESCRIPTION: Part of the SW; and part of the SE; of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Offices and a gravel pit in the A (Agricultural) Zone District SIZE OF PARCEL: 87.5 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: DONALD D. WARDEN CLERK TO THE BOARD BY: O Deputy CSerk to the Board PUBLISHED: February 24, 1994, in the Windsor Beacon FF� 7"" 8994 11 "gm.:rat-Privity Planning O NOT I C E The Board of County Commissioners of Weld County, Colorado, on February 16, 1994, conditionally approved a Site Specific Development Plan and Second Amended Special Use 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: Weld County Board of County Commissioners 915 10th Street P.O. Box 758 Greeley, Colorado 80632 LEGAL DESCRIPTION: Part of the SW4 and part of the SE* of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Offices and a gravel pit in the A (Agricultural) Zone District SIZE OF PARCEL: 87.5 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: DONALD D. WARDEN CLERK TO THE BOAgD � BY: \&4 2 !� rvt--�f/1- Deputy CIerk to the Board PUBLISHED: February 24, 1994, in the Windsor Beacon 940183 jiD c.gulll JAN 2 6 1994 NOTICE °W"aPrl eca^_�,Fit " l g 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 Second Amended Special Use 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 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. DOCKET NO: 94-16 APPLICANT: Weld County Board of County Commissioners 915 10th Street P.O. Box 758 Greeley, Colorado 80632 DATE: February 16, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Second Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SW4 and part of the SE of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to North 11th Avenue, Greeley, Colorado; and north of the Cache La Poudre River, approximately i mile south of Weld County Road 64 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: January 26, 1994 0 Nonce AFFIDAVIT OF PUBLICATION The Board of County Commissioners of Weld STATE OF COLORADO County, Colorado, on February 16, 1994, SS conditionally approved a COUNTY OF WELD Site Specific Development Plan and Second Amended I, ROGER A. LIPKER, of said County of Weld, being duly Special Use Permit for sworn,say that I am publisher of the property and purpose described below. WINDSOR BEACON Conditional approval of this plan creates a vested property nght pursuant to a weekly newspaper having a general circulation in said Article 68 of Title 24, County and State, published in the town of WINDSOR, in — C.R.S., as amended,'for; said County and State; and that the notice, of which the a period of three years annexed is a true copy, has been published in said weekly APPLICANT Weld for / successive weeks, that the notice was County award of County published in the regular and entire issue of every number of Commissioners,91510th the paper during the period and time of publication, and in Street, P.O. Box 758, the newspaper proper and not in a supplement, and that Greeley, Colorado the first publication of said notice was in said paper bearing 80632 th date of th LEGAL DESCRIPTION cX day of , A.D., 19 gland the Part of the SW 1/4 and last publication bearing the ate of the part of the SE 1/4 of Section 31,Township 6 _day of , A.D., 19 and that North,Range 65 West of the said WINDSOR BEACON has been published the 6th P.M., Weld continuously and uninterruptedly for the period of 5 County,Colorado consecutive weeks, in said County and State, prior to the TYPE AND INTENSITY date of first publication of said notice, and the same is a OF APPROVED USE: newspaper within the meaning of an Act to regulate printing Offices and a gravel pit in of legal notices and advertisements, approved May 18, the A(Agricultural)Zone prior,1931 and all acts so far as in force. SIZE OF PARCEL:87.5 ‘ceL/V acres,more or less Failure to abide by the ' ISHER terms and conditions of approval will result in a Subscr'bed and sworn to before a this.2 da of forfeiture of the vested � , 19 9,� y pro right �2v/ BOARD OF COUNTY 6/./ e)-t) COMMISSIONERS, WELD COUNTY, NOTARY PUBLIC COLORADO My commission expires �≥ a / C��o . BY: DONALD D. WARDEN, CLERK TO THE BOARD BY• Shelly K. Miller, Deputy Clerk to the Board Published in the Windsor Beacon on February 24,1994. 940183 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, AFFIDAVIT OF PUBLICATION January 18, 1994,at 1:30 p.m.for the purpose of STATE OF COLORADO considering a Ste Specific Development Plan and a ss 2nd Amended Special COUNTY OF WELD Review permit for the property described below I, KEITH HANSEN, Countybeing duly Approval of the request of said of Weld, may create a vested sworn,say that I am publisher of property nght pursuant to Colorado Law. WINDSOR BEACON APPLICANT:Weld County Board of County a weekly newspaper having a general circulation in said Commissioners County and State, published in the town of WINDSOR, LEGAL DESCRIPTION in said County and State; and that the notice, of which Part of the SW4 and part of the annexed is a true copy, has been published in said the SE4 of Section 31, weekly for / successive weeks, that the notice T6N,R65W of the 6th P.M Weld County,Colorado was published in the regular and entire issue of every number of the paper during the period and time of TYPE AND INTENSITY publication, and in the newspaper proper and not in a OF PROPOSED USE supplement, and that the first publication of said notice Offices and a gravel pit in the A(Agricultural)zone was in said paper bearing the date of the district / LOCATION:Adjacent to N. day of 76 -r^�-4-2.-, A.D., 19 and 11th Avenue and north of the last publication bearing the date of the the Cache La Poudre River;approximately 1/2 day of , A.D., 19 and miles south of Weld that the said WINDSOR BEACON has been published County Road 64. continuously and uninterruptedly for the p y period of 5 SIZE:87.5 acres,more or consecutive weeks,in said County and State, prior to the less. date of first publication of said notice, and the same is a The public hearing will be newspaper within.the meaning of an Act to regulate held in the Weld County printing of legal notices an advertisements, approved Commissioners'Hearing May 18, 1931,and all prior cts ar as in force. Room, First Floor,Weld Count915 e Cent Street, reeler, 915 Tenth Street,Greeley, Colorado. Comments or objections related to the P USHER above request should be submitted in writing to the Weld County Department Subscri d and swo to before me this A4,4114- " day �. of Planning Services,1400 of 19 N 17th Avenue,Greeley, Colorado 80631,before the above date or • presented at the public NOTARY P BLIC hearing on January 18, 1994 � 9I(a4/My commission expires /fCopies of the application are available for public • inspection in the Department of Planning Services, 1400 N 17th Avenue,Greeley,Colorado 80631 - Phone - 353- 3845,Extension 3540. Judy Yamaguchi, Chairperson,Weld County Planning Commission Published in the Windsor Beacon on December 16, 1993. 940183 IIIII - EC IVE DEC 021993 {I 1 : r . ihulsday,November 25,1993 WINDSOR BEACON l Legal Notices _ - /Ictlon No.93,tY-41Q right to question any Milken. HEARING Chairperson. Weld Subdivision(White Tall Chairperson, Weld Deputy Clerk to the witness who appears at PUBt IC NOTICE County Planning Estates 81.ice 8 tote)in County Planning Board __ the heertq and es Wing SIZE:100 ease,more The Weld County --_ Commission the A(Agricultural)zone Commission Commission SUMMONS - with you any witness.IT orlon Planning Commission Pursuant to the Zoning district. Published in the DEPENDENT OR you request,the Court will hoida pubic hearing Ordinance of Weld Published In the Published In the Windsor Beacon on NEGLECTED may order person(s)to The pubic hearing will on Tuesday,December County. the Weld Windsor Beacon on LOCATION : Windsor Beacon on November 25,1993. be present as your be held in the Weld 21,1993,at 120 p.m. County Board of November25,1993. Approximately 2-1/2 November 25,1943. THE PEOPLE OF THE *tresses. County Commissioners' for the purpose of Ad)ustn em will conduct miles southwest of the /COMBINED NOTICE STATE OF COLORADO Hearing Room,First cansMwbg a Find Plat a public hearing In the NOTICE OF PUBLIC TwmdJohnstown. OM v'"nwer'F / OF FINDING OF NO N THE NTERESTEF: B.This matter will be Floor, Weld County for a Minor Subdivision First Floor Hearing NIMBI • SIGNIFICANT IMPACT heard before a District Centennial Center,915 (Mountain View Estates Room, Weld County SIZE: 105.31 acres, (Operator Name) AND OF INTENT TO TNASANCNEZ, Court Magistrate,who Tenth Street,Greeley, #2) for the property Centennial Center,915 The Weld County moreories& WELD COUNTY ; BEQUEST RELEASE has to erne Co rt ers Jude, Colorado.related Comments b the described ovaall of the request Colorado, t the Greeley, e wrPlanning t nhold a publcm a ionnnngg The public hearing w.11 P(Address end BOX 758 one) O�� Bid, a Distr Court sge, above re except that a decision above request should may create a vested spooled.AO persons in on Tuesday,December be held In the Weld GREELEY.CO 80832 NOME And Concealing. _ by the District Court be submitted In wilting property right pursuant any manner Interested 21.1993.at 120 p m. County Commissioners- PH1356-4000 X 3750 , Magistrate may be to the Weld County t Coloreds Law. In the following request for the purpose of Hearing Room, First has tiled an application NAME.ADDRESS,ZIP SANDRA HOWARD. appealed to a District Deprtrnent of Planning are asked to sherd and considering a Site Floor, Weld County for a mining and CODE OF GRANT '1 PALLSANC1EZ. Cowl lilt is done Services,1400 N.17th APPLICANT: Ivor and be heard. Specific Development Centennial Center.915 Reclamation permit with RECIPIENT:County of so within fifteen days,in Avenue, Greeley. Daiwa Larson Plan and a Revised Tenth Street,Greeley, the Colorado Mined Weld, 915 10th Respondents. 0 _ Date of Hearing: Special Review permit Colorado.Continents or Land Reclamation Street. Greeley,CO • -80831,before the above LEGAL DESCRIPTION: December 9.1993. for the property obfecoons related to the Board under provisions 80631 i TO THE PARENTS, 9.You have the right to date or presented at the Part of the Section 5, described below. above request should of the Colorado Mined • - GUARDIAN OR OTHER demand this matter be public hearing on T4N,RSBW of the 6th Time:320 p.m. Approval of the request be submitted in writing Land Reclamation Act. DATES OF RESPONDENTS heard before a District December 21.1993. P.M., Weld County, may create a vested to the Weld County The proposed mine Is PUBLICATION: NAMED ABOVE. Court Judge.If you wish - 'Cobredo. BOA-9'/1 property right pursuant Department of Planting known as the(Named November 25,1993 SPECIFICALLY to demand a hearing me dies of the = = to Colorado Law. Services.1400 N.17th Mine) GEISERT PIT S ANDRA HOWARD. before•Metrics Court application we avdlebe TYPE AND INTENSITY A request from Alvin Avenue, Greeley. and is located et or near ISSUED:November 25, GREETING: _—Judge,you mustoonem for public inspector In OF PROPOSED USE: Garcia for an appeal of APPLICANT: Waste Colorado 80831, Section 31.Township 6 1993 , - -the Clerk for the District the Department of Minor Sr6drvfebn with administrative decision Services Corporation before the above date or NORTH Range 65 , - You we hereby notified Court Magistrate. Planning Services,1400 6 Iota, in the A(Agricultural) presented at the public WEST , 6TH Prime EXPIRES:December -that a Verified Petition_Jeannie -3-•Brooks, N. 17th :-Avenue,_-_--,.err -'' , zone droned as set forth LEGAL DESCRIPTION: hearing on December Meridian. .25.1993 • • _, has been filed In the 3564000, extension Greeley. Colorado L-0 C A T ION : h Secaom 74.742 and Part of the SE4 of 21,1993. The proposed date of APPLICATION/GRANT a - above-named Court in 4548.to make such■ 60631-Phone-353- Approxbately 114 mile 75 of the Weld County Section 31.and part of P fro awhich his represented demand,or do so in 3845,Exenekm 3540. west of the Intersection Zoning Ordnance one the S2 of Section 32.in Copies of the commencement is NUIBER:CDBG 93- , b the Cout ihhatt a. .,writing to J. Robert: _ .of Weld Canty Road 5 parcel of land described T5N.R66W and part of application we available JANUARY 14/-,1994. 811 above-named child is Lowenbach. District Judy Yamaguchi. and State Highway 60. as Lot 11.Espanola the N2 of Section 5, for public inspection In and the proposed date dependent or neglected Court Magistrate,Weld Chairperson, Weld Subdivision, Weld T4N.R66W of the 6th the Department of of completion Is TO ALL INTERESTED '.. for the reasons set forth County District Court. County Planning SIZE: 14.659 acres, County,Colorado.The P.M, Weld County, Planning SeMces.1400 JANUARY 1,2013.The AGENCIES,GROUPS more,.fully,,In-said Post Office Box C, Commission ' - more orless - property la located Colorado. N. 17th Avenue, proposed future use of AND PERSONS:On or r- i Petition,a copy of which Greeley. Colorado - '•-' '- - ' •- southwest of the Greeley, Colorado the land is(Futile Land about December 10. r,• - b on tiewiththe above- 60632,before the date Published in the The public hearing will intersection of Weld TYPE AND INTENSITY 80631-Phone-353- Use) WILDLIFE/PARK 1993.the County of i.' ' -named Court.: set for!mewing.`,_ i... Windsor Beacon on be held In the Weld County Road 64 and OF PROPOSED USE. 3845,Extension 3540 SYSTEM Weld will request the -.• November 25,1993. - County Commissioners' North 25th Avenue. Excavation of soli to be Department of Local The Respondents are 10.At the end of the ' Hearing Room,First used for sanitary Irhdfil Judy Yamaguchi, Additional Information Affairs to release hereby advised that hearing when the Cart NOTICE OF PUBLIC Floor. Weld County Published In the cover In the A Chairperson. Weld and tentative decision Federal funds under Termination of the has made a decision. HEARING Centennial Center,915 Windsor Beacon on (Agricultural) zone County Planning date may be obtained Title I of the Housing Parent-Child Legal you have a right to Tenth Street,Greeley, November 25,1983. district. Comnusmon from the Mined Land and Community Relationship is a request a rehearing or a The Weld County Colorado.Comments or Reclamation Division, Development Act of possible remedy new trial, but your Planning Commission objections related to the NOTICE OF PUBLIC L 0 C A T I O N : Published In the 1313 Sherman Street, 1974(PL 93-383)for the available it the Petition request must be made will held a public hhaedng above request should NEA91NG Approximately 1.5 miles Windsor Beacon on Room 215, Denver. Warring Pro1ecc alleging that a child la in writing,within Sheen on Tuesday,December be submitted In writing northeast of the Town of November 25,1943. Colorado 80203(303) dependent or neglected days to the District 21,1993.at 120 p.m. to the Weld County The Weld County Mfiaken. 866-3587,or(County PROJECT TITLE OR is sustained.A separate Court If this matter is for the purpose of Department of Planning Planning Commission NOTICE OF PUBLIC Name)WELD County NAME: island Grove hearing must be held heard before the District considering a Final Plat Services.1400 N.17th well hold a public hearing SIZE: 100 acres,more HEABiNG Clerk a Recorder,(Cleric Treatment Center bebm such termination Court Magistrate,or foreigner Subdivision Avenue, Greeley, on Tuesday.December or less - &Recorder's Address) •;.--•te ordered Teminalon within forty-five days t (Wwain View Estates Colorado 80831. 21,1993.at 1:30 p.m. The Weld County P 0 BOX 758 or the PURPOSE OR et the Paremt-Chad heard beton a District s) for the property before the above darer for the purpose of The public hearing will Planning Commission above named applicant NATURE OF THE "'Legal�'Rata Carat Judge. II the described below. pr srnsd at the public Considering an be held In the Weld will odd a public tearing PROJECT:Construct i^ saeans'ems Me chtld regret for rehearing le Appmeel d M-request hearing on ember amendment to a Site Cathy Commissioners' on Tuesday,December Published In the then 15,138 equere toe e. ..snob M-etLpdd Nidenied orl'then Nerve=they create Wrested'21,1993-•r•-'--; Specific Development Hearing Room,First 21,1993,at 120 p.m. Windsor Beacon on treatrnrdfadfiry _-"y=F� Petition-"-would=abet the right to appeal the propery right pursuarrt t+.'>- -. Plan and a Special Floor, Weld County for the purpose of November 28, i.,-,..,.. eligible for adoption. ;=Court's decision to to b Colorado Law. . - Coplea•=of the Review permit for the Centennial Center,915 considering a Floral Plat December 2,9,8 18, LOCATION OF _Colorado Court of applialbn are available property described Tenth Street.Greeley, fora Minor Subdivision 1993 PRO,tECT: 1120 M ' YOU ARE HEREBY-Appeals. r-,.� ' - APPLICANT: Ivan and for public Inspection In below.Approval of the Colorado.Comments or for the property Soar, G r e e i ey. NOTIFIED OF THE• i " = Donna Larson • the Department of request may create a obtecboru related to the described below. ) NEARING Weld Courtly,Co 80631 i r,1,,FOLLOWING RIGHTS You are pother notlaed t• - - --_-k Ni'd.g Servioes,1400 vested property right above request ahouid Approval ol the request - Y, „--- -- ;AND PRNI EGES: '+. Mat the Court has set LEGAL DESCRIPTIOtt,N ,:.17th, Avenue, pursuant to Colorado be submitted In writing may testa a vested Coded, No.93.80 CENSUS TRACT(S): ? T-:-.is, •s%'7-t .' =aPeddar3� ;".Porter tlr S.edeR.'^.,:- .. 't ye'CWondoYl.... -.i.Y .,t,,' .. ounbgPr"".rbhi Preece.." .. -�....F�"r_ rJM d 941)1 83 FLOW SHEET f . CASE # -Svr- - -J(^ 7 APPLICANT: W lvl I 'v ,( 40,4 ff Z.9.2.,v--;j.5,0 '5 REQUEST6rak-t44,-,9.......... Svi P /in,5u,"U," /6,./- ` ,./- /e 3 iA a- (7,-L,A,/ t4--4-_ TVcALV; LEGAL: LOCATION: 406,„„t I0 G,„. A), [ l �A_ve G+ /�illgt: 7 1 - (. �-r� L re,or ,Yl d v'v�',—� iti DATE fri/iegyS, aF iNcedy , Application Received i 2/ 7.3 67— Application Complete j 7/7 /� / ,� Hearing Date: 1// / L( / 2/yl_S 6 7- Utility Board Hearing Date: ,A)d/9 , 2/3/1_3 PC Sign given to Applicant I.2/G '7 I S PC Sign posted By: 1471.7-1/11/17/4 'f /z, 73 6:7' Letter to Applicant Drafted lf,5 ,C.;"-/ Referrals Listed / C� r Public Notice Drafted / /-24.3 6 7-- File Assembled 'A -13_Q 3 oe Referrals Mailed I a_`3--ci ,,.Q Chaindexed 1._13-(4 / / 1 J loe- Letter to Applicant Mailed i a-1g Public Notice Sent Out By. f 2/3h s / f / A Prop. & Mineral Owners Notified By: to ®2 � t<t"--- 7l,1� �l �". Maps Prepared /-7/1`f r, -2:0-6? Field Check By DPS Staff IL/l7 `15 C-, T Field Check-Board Member: E) )1 0 /16rNe__ 17 I° k " („2-'I 'j i -j ... DPS Recommendation Drafted r 71'c PP-I r DPS Recommendation Typed z/, 1/,/6 r(Packets Xeroxed ///cif y 6-,7-- PC/Bet-Hearing Action: Ay' c,R2)l il ' ///1 /4-77 s:- 1— ......... PC/BOA-Resolution 1 // (1-':/1 r7 --. (tBBA Resolution Sent To Applicant Meeting Summary or Minutes Filed in Case I/24; /�'� q (. ./ f Case Sent To Clerk to Board -1 CC Sign Given to Applicant 'Z I • J °A 7- ,,/,' CC Sign Posted By: Z //d q ' ,- CC Hearing: 2—//6/,Y Action: $' - 6 Z ,/_ q . ‘L'.. CC Resolution Received Plat and/or Resolution Recorded History Card Completed 1 Recorded on Maps and Filed re J\, :i , I 4 4 " 40 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 • Phone - 356-4000 - Ext. 4400 Case Number Date Received s Application Checked by Mylar plat submitted Application Fee Receipt Number • Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) i � I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning • the proposed Use by Special Review Permit on the following described 3, unincorporated area of Weld County, Colorado: NE4, SW4, NW4, SE4 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Section NE4, SE4 of Sectio: `;. T 6 N, R 65 W 31 LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section 31 T 6 N, R 65 w • Property Address (if available) 933 North 11th Avenue, Greeley, Colorado 80631 PRESENT ZONE A (Agriculture)- OVERLAY ZONES TOTAL ACREAGE 87.547 Acres • PROPOSED LAND USE nffirps and grava1 nit EXISTING LAND USE Offices and °ravel it SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW ' • PERMIT: - — — — — — Name: Board of Weld County Commissioners Address: P. 0. Box 758 City Greeley, CO Zip 80632 Home Telephone # Business Telephone it 356-4000 Name: Address: City Zip Home Telephone # Business Telephone li V APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip Home Telephone # Business Telephone U List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Asmara Oil Address: P. 0. Box 118 City Denver, 00 Zip 80201 - Name: Natural Gas Associates Address: P. O. Box 5493 City Denver, CO Zip 80217 I hereby depose and state under the penalties of perjury that all ,,\ statements, proposals and/or plans submitted with or contained within the • application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF' COLORADO ) /1taiS Sic, ture: Owner or uthorized Agent '.a • ii zG Subscribed and sworn to before me this �—day of�/ ��,,,,4.6_,L.../ 19.74'. NO ARY PUBLI " 933 �( // t78Lam :- i. My commission expires � 2_, g -77 fa 6,2/ I USE BY SPECIAL REVIEW FOR WELD COUNTY, COLORADO 2. Explain the proposed use. Continue the historical use as a mineral resources development to operate a gravel pit for the use of Weld County only and for offices. Explain nccd for use. Engineering offices. Road and Bridge offices. Human Resources Department, Transportation, offices. Addequate parking for all operations. Gravel Pit Operation (presently permitted) . Storage facilities. Diesel fuel area for gravel trucks_ Motorgrader training course. Explain the types of existing uses on surrounding properties. The surrounding properties' use is the same in the area --- light industrial to gravel pits. The distance of the proposed use to residential structures in each direction. Residential structures are approximately 200 feet away; one to the south and one to the east. All remaining residential dwellings are further than 1/4 mile away. The maximum number of users, patrons, members, and buyers. Approximately 60 people. The number of employees, number of shifts, and hours of operation. 60 employees work one shift and the hours of operation are 5:30 a.m. - 6:30 p.m. The type of water source for the proposed use: North Wild Water Company supplies water to the site. Explain the access route(s) to be utilized for the proposed use. All users of the facilities will use the existing access route to North 11th Avenue, then north or south from there. Speed limit posting signs of 10 mph have been placed from the gate to the end of the buildings. From thereon to the gravel pit, 15 mph spccd limit signs have been placed. Explain type, size, weight and frequency of vehicular traffic associated with the proposed use. Human Resources - Mini Bus Transportation Maxi Van - Approximately 8,600 lbs. Smaller Van - Approximately 6,800 lbs. Van Enclosed Truck - Approximately 10,500 lbs. Gravel Trucks: Tandem - Approximately 24,000 lbs. • Belly Dump - Approximately 33, 100 lbs. Tractor-trailer - Approximately 34,000 lbs. Personal vehicles The type of sewage facilities for the proposed use: One septic system services the Engineering Building. Future restroom facilities are in the works to accomodate additional employees. Slims Sanitation unit at the gravel pit operation. A description of the proposed fire protection measures associated with the proposed use. The fire protection district is Western Hills. The types and maximum number of animals to be concentrated on the Use by Special Review area at any one time. N/A. The type and size of any waste, stockpile or storage areas associated with the proposed use. Gravel pit operation is within the limits of the Mined Land Reclamation permit. Diesel fueling facility and storage. Quonset hut and offices used for storage. D Central Colorado Water E� ��9� Conservancy District 1994 ASSESSMENT 3209 West 28th Street ""lo Pmn�7 MoaningGreeley, Colorado 80631 330-4540 or Metro 825-0474 January 1, 1994 Please pay this amount $ 300.00 Payment Due on: January 31, 1994 Weld County Board of Make check payable to C.C.W.C.D. Commissioners - Giesert Pit P. O. Box 758 Greeley, CO 80632 'NOTE*A late fee of$25.00 will be assessed if payment is not received by January 31, 1994. PLEASE RETURN WHITE TOP SHEET AND CROP REPORT WITH YOUR PAYMENT, RETAIN THE YELLOW COPY FOR YOUR RECORDS. WELLS AUGMENTED: • PERMIT NO. CASE NO. LOCATION PUMP RATE(gpm) 1/4 1/4 Sec. 31 T. 05N R. 65W 0 ��31I 1L SURFACE WATER OWNED: SHARES SYSTEM Farm Number: 585 Classification Number: 9 Acres Augmented: 1 Number of Wells: 1 PLEASE REPORT YOUR 1993 WELL USAGE BELOW: REPORTING OF CROP INFORMATION WILL.NOT AFFECT YOUR ASSESSMENT. THIS INFORMATION IS NEEDED TO ESTIMATE 1994 PUMPING. Did you pump your well(s)in 1993? Estimate the number of days your well(s)were in operation: days @ hours per day Please indicate the following acreage irrigated in 1993. Corn Sugar Beets Govnm't Beans Potatoes Turf/Sod Alfalfa Vegetables Other Small Grain Pasture **SPECIAL INSTRUCTIONS** Gravel Pit Augmentation C.t 3 APPLICATION AND REPORT FOR REGULAR (112) OPERATION - WET PIT GEISERT PIT - AMENDMENT M-78-210 Weld County, Colorado November 1993 ( Mined Land Reclamation Division PERMIT APPLICATION Submitted by: Weld County Department of Engineering 933 N. 11th Avenue P.O. Box 758 Greeley, CO 80631-0758 Phone - (303) 356-4000, Ext. 3750 Attn: Donald Carroll, Administrative Manager Y ' WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt #: 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, ICORT4 IMXXXNVIX, &C.) mining operation for the following • described unincorporated area of Weld County: LEGAL DESCRIPTION N 2, SE 4, SW 4, SEC 31, T 6 n, R 65 W TOTAL ACREAGE: 87.5 2. Surface owner(s) of area of land described Name: WELD COUNTY Address: P 0 BOX 758 Phone: 356-4000 Name: Address: Phone: 3. Owner(s) of mineral rights to substance to be mined Name: WELD COUNTY Address: P 0 BOX 758 Phone: 356-4000 Name: Address: Phone: 4. Source of applicants' legal right to enter and to mine on the land described: (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 933 N 11TH AVE Phone: 356-4000 General Office address: Phone: _________ 6. Identify any prior permits for mining held by applicant or affiliated person:, WELD CO HAS MOST PERMITTED PITS UNDER WELD CO ENGINEERING OR ROAD AND BRIDGE DEPARTMENTS. f � 7 y 7. Description of Operation a. Types and number of operating an processing equipment to be employed: DOZER 1 , SCRAPERS 2, LOADER 1, PORTABLE CRUSHER I. TRUCKS 5-10. b. Maximum number of employees: 15 , and number of shifts: 1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: DEPENDENT ON BUDGET AND CONSTRUCTION AND MAINTENANCE d. Thickness of mineral deposit: 35-50 feet, and thickness of the overburden: It e. This will be a wet/dCpit 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) : ROUTES, BRIDGES ARE COORDINATED IN THE SAME COUNTY DEPARTMENT. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : WILDLIFE HABITAT/PARK SYSTEM b. Source of technical advice for reclamation: U S DEPARTMENT OF AGRICULTURE - WEST GREELEY SCS. c. Explanation of Reclamation Process: TOPSOIL STRIPPED AND STOCKPILED, RESEEDING AND REVEGETATION COMPLETED AS PER RECOMMENDATIONS IN THE REPORT. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO Signature: Owner/Authorized Agent ��J Subscribed and sworn to before me this day of kill ITILbL., 19 /SEAL NOTARY P LIC�r My Commission expires I/ P /'io t ' • 7 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM CHECK ONE: New Application (Rule 2) xx Amendment Application (Rule 1 .8) Conversion Application (Rule 1 .10) The application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A—S; and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A—S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. _ === _ GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 . Applicant/operator name: WELD COUNTY, COLORADO 1 . 1 Type of organization (corporation, partnership, etc. ) : GOVERNMENT 2. Operation name (pit, mine or site name) : GEISERT PIT 2. 1 I .R.S. Tax ID No. or Social Security No. : 98-03551 3. Permitted Acres: 87.5 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14) : $ 1550.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow) : GRAVEL 5. Name of owner of surface of affected land: WELD COUNTY 6. Name of owner of subsurface rights of affected land: If 2 or more owners , refer to Exhibit P. 7. Type of mining operation: XXX Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: WELD PRINCIPAL MERIDIAN (check one) : xx 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T 6 x North _ South RANGE (write number and check direction) : R 65 _ East xx West SECTION (write number): S 31 QUARTER SECTION (check one) : _ NE _ NW SE XX SW QUARTER/QUARTER SECTION (check one): _ NE _ NW •'XL SE — . SW GENERAL DESCRIPTION: (miles and direction 933 N. 11th. Ave. GREELEY, CO. from nearest town and approximate elevation) ELEV. 4650 • Y . �. -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual ' s Name: KENNETH SCHRAEDER- SUPERVISOR Company Name: WELD COUNTY - MINING DIVISION Street: P.O. BOX 758 City: GREELEY State: co. Zip Code: 80632 Area Code: 303 Telephone: 356-4000 X 3750 PERMITTING CONTACT (if different from applicant/operator above) Individual ' s Name: DONALD CARROLL- ADMINISTRATIVE MANAGER Company Name: WELD COUNTY- ENGINEERING DEPARTMENT Street: P.O. BOX 758 City: GREELEY State: CO. Zip Code: 80632 Area Code: 303 Telephone: 356-4000 X 3750 INSPECTION CONTACT Individual ' s Name: KENNETH SCHRAEDER Company Name: Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: , -3- 10. Primary future _ Cropland(CR) _ Pastureland(PL) General Agriculture(GA) (Post-mining) _ Rangeland(RL) _ Forestry(FR) xx Wildlife Habitat(WL) land use Residential (RS) Recreation(RC) Industrial/Commercial (IC) (check one) : __ Developed Water Resources(WR) _ Solid Waste Disposal (WD) 11 . Primary present _ Cropland(CR) __ Pastureland(PL) General Agriculture(GA) land use __ Rangeland(RL) _ Forestry(FR) xx Wildlife Habitat(WL) (check one): __ Residential (RS) _ Recreation(RC) __ Industrial/Commercial (IC) __ Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) __ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel ) . 13. On Site Processing: Solution (SO) _ Chemical (CH) Thermal (TH) - _ __Heap Leach (HL) __ Vat Leach (VL) _ 14. Application Fee: The application fee for Quarry mining is $2,325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. The application fee for conversion to a 112 permit is $1 ,500. 112 Amendment application fee is $1 ,550. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)) . It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. • —4— Notice Requirements • Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions , changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns , you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments , unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. ( 1� If you have questions about the Mined Land Reclamation Board and Division' s review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)) ; 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. 2 200 520 45' 2 220 '25 CONTOUR VALUES SCALE 1:50 000 Feet Meters 1 14 0 1 2 3 5400 1646 5300 1615 • A statement explaining the us by special review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or that the application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. All equipment is portable and will be protected so that it will not impede flood waters nor will it allow any debris to float away. All buildings are not in the flood plain. In addition, the river bank next to the property has been riprapped for erosion protection. Proof that a water supply will be available w'_-Zich is adequate in terms of . - quantity, quality, and dependability (e.g., a well permit or letter from a water district. North Weld Water supplies all domestic water for the buildings (scc enclosed letter) . The gravel pit's water has an N.P.D.E.S. Permit, CO. G5000026, from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the Cache La Poudre River. A copy of the deed or legal instrument identifying the applicant(s) interest in the property under consideration. If an authorized agent signs the application for the fee owner(s) , a letter granting power of attorney to the agent from the property owner(s) shall be provided. Warranty Deed with legal description is enclosed. A noise report, unless waived by the Department of Planning Services, docimrentating the methods to be utilized to meet the applicable noise standa rds. The noisiest peice of equipment used at this operation is the rock crusher. Below are noise levels for the rock crusher taken by the Mine Safety and Health Administration of the U. S. Department of Labor. Fatal NFDL NDL (Degree 1) (Degrees 2-5) (Degree 6) Rock Crusher 0.00 0.00 0.00 Nat'l Mine Type 0.06 .35 1.55 A soil report.. . Enclosed. A certified list of names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of property. .. Included in application. A certified list of the names and addresses of mineral owners and lessees of mineral owners.. . Included in application. Table of Contents Page General Overview 1 Application Forms: Colorado Mined Land Reclamation 2 Weld County Use by Special Review Exhibit A - Legal Description B - Index, Vicinity map C - Pre-Mining and Mining Plan Map(s) Back Packet of Affected Lands D - Mining Plan Back Packet E - Reclamation Plan F - Reclamation Plan Map Back Packet G - Water Information H - Wildlife Information I - Soil Information J - Vegetation Information K - Climate L - Reclamation Costs ( N - Other Permits and Licenses O - Source of Legal Right to Enter P - Owner of Record of Surface and Subsurface Q - Municipalities Within Two Miles R - Notification to Commissioners and Soil Conservation District S - Filing with Weld County Clerk and Recorder EXHIBIT A LEGAL DESCRIPTION • AK1B83049 • • Recorded at R 0961 REC 01003049 02/12/02 16 :49 $0.00 1/002 ReceptionNc MARY ANN 1=EIJERSTE_TN, CLERIC & RECORDER, WELD COUNTY, CO Mice,. 1!IIS DIED is a conveyance of the real property described below, including ally improvements and other appurtenances (the "property") front the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANT F1 I 1w GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed,which the GRANTFF will pay(2)any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations and e\cel)tions Many outstanding mineral interests shown of record(5)any protective covenants and restric- tions shown of ler-oul, and (G)any additional matters shown below under"Additional Warranty I rceptiOns" The specific terms of this deed arc: GRANTOR: U•rs, n.um•Is)and pLu'ls)of rt•udrnce if the spouse of the ossricr•granto-IN Ininint' in this Deed to retests homestead rights identrfs grantors as husband and safe 1 Richard Geisert and Francis Geisert GRANTEE: f(ise namely)and addresses) statement of address nit-Iodine asaJahte read or street number is required County of Weld, State of Colorado, a body corporate and politic 915 10th Street, Greeley, Colorado t FORM Of CO-OWNERSHIP: 111 their are two nr more grantees rained,they will be considered to take as tenants in common unless the words"III'runt tenancy'.or sso•ds of the same meaning ate added in the space below) 1 PROPERTY DESCRIPTION: nnttette counts and state 1 SET ATPA HED EXHIBIT "A" • f\. CONSIDERATION: liter statement of a doilac amount rs optional adequate co•ssideration for Out decd will be presumed unless this cioseS ance is identified as a gift m any iAs('this comelanct•is absolute final and unconditional) \ RESERVATIONS-RESTRICTIONS: ut the GRANTOR intends to reverse any interest it the property ruin consey less than he owns.or if the(RAN1OR is u•strrrting the GRA .II E'S right<in the property make appropriate indication :At ITfONitl.NORANTY EXCEPTIONS: (in(hidi•niurte.ices tieing assumed and other matters not eructed ahnse) A), �. CC LCf 1r le� IGL�i�/t�ta6I-/�I Signed on February 12 , 19 82 / L re,14Gf- d&t-i4le L= ttze/ Attest• , rancor ` Grantor STATE OF COLORADO COUNTY OF Weld ) SS. Grantor The foregoing instrument was acknowledged before me this 12th day of February , 19 82 h1' Gar R. Sears as attorney—in—fact for Richard Geisert and Francis Geisert, WITNESS myhand and official seal. t' My commission expires: <e a' -n .r - V)1 k 'tU August 23, 1984 r/ Notary Public/ STATE OF ) 55 1221 8th Ave. , Greeley, CO 80631 COUNTY OF The foregoing instrument was acknowledged before me this day of . 19 by WITNESS my hand and official seal My commission expires: _ Notary Public +c 1977 UPDATE LEGAL FORMS NO 201 P.O. BOX 1815, GREELEY, COLORADO 80632 EXHIBIT "A" 0 0961 1cEC 011303049 02/12_/132 16: 49 $0.00 2/002 MARY ANN 1=EUERSTEIN, CLERK h RECORDER, WELD COUNTY, CO All that part of the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 and the NE 1/4 SE 1/4 Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto, and beginning at the E 1/4 corner of said Section 31, thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point, thence North 89°32'30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0°13'50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162.50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37'00" West a distance of 335 feet; thence North 30°39'00" West a distance of 353 feet, thence South 52°33'00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478.07 feet; thence South 44°51'10" West, 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River; thence South 71°07'20" West a distance of 222.20 feet; thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687.85, thence North 55°22'10" West a distance of 77.24 feet, thence North 65°16'30" West, a distance of 129.80 feet, thence North 87°57'50" West a distance of 208.50 feet, thence South 75°35'50" West a distance of 170.90 feet, thence South 89°18'50" West a distance of 271.80 feet to a point where said line inter- sects the West line of the NE 1/4 SW 1/4 of said Section 31, thence North 01°11'10" East a distance of 1073.76 feet along the West line of the NE 1/4 SW 1/4, thence South 89°53'40" East a distance of 3970.88 feet along the North line of the NE 1/4 SW 1/4, and the NW 1/4 SE 14, and the NE 1/4 SE 1/4 to the point of beginning. Said parcel includes Irrigation Well Reg. #29-11874, R.F. 200", forming a part of the Larimer-Weld Augmentation Plan. a portion of said description is also known as a part of Lot 1, Block 178, , City of Greeley, Weld County, Colorado. LEGAL DFSCRIPI'ION All that part of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00° 00' 00" East and with all other bearings described herein being relative thereto, and beginning at the East Quarter corner of said Section 31, Thence South 00° 00' 00" Fast along the Fast line of said Section 31 a distance of 881.33 fcct to a point, Thence North 89° 32' 30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, Thence South 00° 13' 50" East a distance of 197.38 fcct, Thence South 73° 12' 52" West a distance of 162.50 feet, Thence North 55° 42' 00" West a distance of 300 fcct, Thence North 13° 37' 00" West a distance of 335 feet; Thence North 30° 39' 00" West a distance of 353 feet, Thence South 52° 33' 00" West a distance of 270 feet, Thence South 36° 23' 00" West, a distance of 478.07 fact; Thence South 44° 51' 10" West, 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River; Thence South 71° 07' 20" West a distance of 222.20 feet; Thence South 82° 21' 20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, Thence North along the North line of said parcel North 85° 53' 00" West a distance of 687.85 feet, Thence North 55° 22' 10" West a distance of 77.24 feat, Thence North 65° 16' 30" West, a distance of 129.80 feet, Thence North 87° 57' 50" West a distance of 208.50 feet, Thence South 75° 35' 50" West a distance of 170.90 feet; Thence South 89° 18' 50" West, a distance of 271.80 feet to a point where said line intersects the West line of the Northeast Quarter of the Southwest Quarter of said Section 31, Thence North 01° 11' 10" East a distance of 1073.76 feet along the West line of the Northeast Quarter of the Southwest Quarter; Thence South 89° 53' 40" East a distance of 3970.88 feet along the North line of the Northeast Quarter of the Southwest Quarter, and the Northwest Quarter of the Southeast Quarter, and the Northeast Quarter of the Southeast Quarter to the point of beginning. Said parcel includes Irrigation Well Reg. #29-11874, R.F. 200, forming a part of the Larimer-Weld Augmentation Plan. } t 54 1 1..• ,. ,. 1••1, •-•-• •f�. ..� •s ,. r. 90 52 88 ....... - _ - - she -,--.•,--p - k• ® 3:N, 4• -- - --...F • --.....__ 4 ®, 84 IN • :-.7.-... ,,. , .••.. ,: .. _ ,: . ., • . ,..,, ; . _ . 70 ,• ... NG:'1 �`t ..F- • • •40 76 ,-etY�fr.. -s _ .. I .�_�y}:'...F ... 7•� •.i ••t. I�'.� r 7.1,,,Litiy, _ __.,,,.._ _ ® 74 11;ll • -• ••• - -- • 7...•.:iiiivi ......„ .. .k'''•% re :f,,, Nom . !IN• ..,:•km.ici.,.., ... .:.• . i - ,. 1 6. .=-/ . • PT 6N :,,..Q �S�rby�r .�».�d-" \ Y' m 1.::: .1 ••• ..[q� ' ,.:° may± a1LP o� ' '' .'••••• ti:. i z : • tar:- ___.' ,..-•• irk 7;1`:`."illriatibihilka-,-..., -z-- :,..„:.f.:,.' ' 64 „ -- ;tin -:--•,c•••; - .1: __I •••:„. alrIppWrgitV,9r im-ari cll.&.-M31 Z7„„4 Ill: • le - e 62 ,,2 -1 , ... -., --,‘„inoweimpi yr whim" ppm" -...1....---:,..- , l:x,.., , ,-I6 rajitem,:?...ariminsitiii,1;,: ,._, _0,.... . .J, :.. 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VICINITY MAP EXHIBIT B EXHIBIT C PRE-MINING AND MINING PLAN MAP OF AFFECTED LANDS Back packet. • EXHIBIT b The topsoil and overburden will be excavated and stockpiled to be used for reclamation purposes. The removal of topsoil will be accomplished with a scraper. Weld County has calculated that a maximum of one to two feet of topsoil and overburden exists. The gravel from this location is suitable for crushing and therefore, one of the better sources of material in this central area. The County will use a pump to keep the water down so the sand and gravel can be removed. Because of the close proximity of Cache La Poudre River and because of the existence of the alluvial aquifer, much of the sand and gravel will be saturated with some water. Therefore, the operators will stockpile the excavated material and allow it to drain prior to crushing and/or transport from the area. Earth moving will be accomplished by several different machines, each for different purposes. A scraper will be used to strip topsoil and overburden and to relocate it to screening mounds and stockpile areas. A dozer will aid in clearing operations where necessary, will serve to relocate small trees, and will be used for moving sand and gravel stockpiles. Based on an average sand and gravel deposit thickness of 25-50 feet, there is approximately 350,000 cubic yards of material. The resulting lifetime for the additional pit area is about one to twenty years. Water Management. There will be no water diversion or impoundment structures, necessary for this operation. The excavated area will be filled with groundwater. Pumping will be performed to keep the water level down to excavate material for the pit. EXHIBIT E The operator proposes to reclaim the land for wildlife habitat/recreation lake because of its proximity to Cache La Poudre River, a natural wildlife habitat with, and adjacent to, the permit area. In addition, because of the location in the flood plain, the pits will be "wet" . One area has been previously mined and the spring month's high water level is approximately three to five (3' to 5') feet below the existing ground elevation. The entire acreage will accord to fish and waterfowl habitat, along with small game animals. The screening mounds along the periphery will be constructed with side slopes of not greater than 4:1 and will be revegetated with properly selected grasses and shrubs to prevent erosion problems. Topsoil stockpile will be stripped from the area to be disturbed and stockpiled. A mixture of grasses suitable to the area has been recommended by the Soil Conservation Service. Upon completion of the pit or the end of the lease of this area, the County will complete the recommended seeding and revegetation of the site in accordance with the Soil Conservation Service recommendations. EXHIBIT F RECLAMATION PLAN MAP Back packet. EXHIBIT G The existing operation is located in the flood plain of Cache La Poudre River. The land is located above the Cache La Poudre River alluvial aquifer and also is in a recharge area for the aquifer and river. The sand and gravel deposit in the alluvium contains the alluvial groundwater system. There is considerable interaction between the groundwater system and the Cache La Poudre River. The previously excavated area contained approximately ten (10') feet of water during the spring and early summer months. The water level is expected to be lower during the late summer and fall months. De-watering operations are necessary as only clarified water will be discharged from the pit. We have a existing Wastewater Discharge Permit. Once mining ceases and the area is reclaimed as a wildlife habitat, the ponds may be classified as 'State Waters" . There will be no project water requirements for the development mining or reclamation phases, other than occasional dust control operations. The amount of water needed for dust control is not expected to exceed 1,000 gallons per week during dry conditions. By spreading recently excavated sand and gravel on haul roads, the need for dust control measures would be greatly reduced or even eliminated. The amount of water lost through evaporation from the pond surfaces should not exceed the amount lost through evaportranspiration from agricultured crop production. Our existing pit area has water rights and sources. According to the recorded deed for their property, the grantee owns more than four shares of the capital stock of Hay Seed Ditch Company. The County has a NPDES permit from the Water Quality Control Division of the Colorado Department of Health (Wastewater Discharge Permit) , #CO-G500026. EXHIBIT H Mined Land Wildlife Questionnaire Don Bogart Fort Collins, Colorado • MINED LAND WILDLIFE QUESTIONAIRE for limited impact and select regular mine applications 1. Name of Company/Mine: WFLD COUNTY - MTNTNG T)TVTSTON 2. Name/Address/Phone of Contact Person: KENNETH SCHRAEDER P 0 BOX 758, GREELEY, CO 80632 PH#356-4000 X 3750 3. Location of Nine: WELD COUNTY T6N, R65W, SEC 31, N2, SE4, SW4 (County, Township, Range, Section to nearest quarter quarter; Exhibit A—MLR appl.) 4. Nearest Town/General Location: GREELEY. CO 5. Land Ownership (Circle) 1. Private 2. BLM 3. USFS 4. OtherWi,D CO GOVFRNMFNT 6. Present Land Use: GRAVEL PIT • 7. Proposed Final Land Use: WILDLIFE HABITAT - PARK SYSTEM 8. Type of Operation: 1. Surface. . 2. Underground 9. Minerals being mined: GRAVEL 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D—MLR) : 90 AC APPROX. 11. Miles of roads to be constructed: NONE; EXIST HAUL ROAD IN PLACE 12. Life of Mine (years) : 20 13. Description of Operation and Reclamation -- Additional sheets may be attached (Exhibits B & E-MLR) THIS IS AN EXISTING PERMITED GRAVEL PIT (M-78-210) . BECAUSE OF A NEW WATER LINE . GOING ACROSS THE GRAVEL PIT AREA TO SUPPLY WATER TO THE COUNTY ADMINISTRATIVE OFFICES, WE NEED TO ADJUST THE SIZE OF THE LAKES ON THE MINING PLAN MAKING ONE LARGER AND ONE SMALLER. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C.) This will expedite processing. Your cooperation is appreciated. 15, Prepared by: i 0604,frkael Date: • r 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: Weld County - Sand & Gravel - Sec 31, T6N, R65W, Weld County Name/Type and Location of Mine (Legal) Wildlife Species list: Deer, beaver, muskrat, coyote, fox, skunk, raccoon, opossum, waterfowl, shorebirds, pheasant, dove, raptors, numrous small rodents and seasonal songbirds. Endangered/critical species/impacted: No known threatened or endangered species. • Critical habitats/vegetative communities impacted: N/A ' t Assessment of impact: Minor - Area is in an) industrial development by the county. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . Concur with reclamation plans as described in the application, however it is recommended where possible to leave shore lines irregular and establish small islands in the ponds for nesting birds. 2repared By: Aolel/ Date: /1/f/f4 Submitted By: Date: This statement is void if not processed within 1 year. This analysis does not constitute approval of application. Page 2 of 2 EXHIBITS I AND J Soil and Vegetation Information i DECEIVED JAN 1 h 1988 I, United States Soil I1:-- Department of Conservation Agriculture Service C/0 Bill Delap 1-13-87 Norton, Underwood and Lamb Engineering Assoc. 1020 28th Ave.- Suite 205 Greeley, Co. 80631 Bill Delap: As requested I have enclosed copies of a soils map, soils descriptions, seeding plan and standard and specifications. These materials should be helpful in reclaiming critical areas of the gravel pits such as the side slopes. - Should more information be needed I will be glad to provide you with it. Sinc14- Soil Conservationist r-~R; CO-ECS-5 ( Computer Draft ) PRODUCER: N. U. L. ,SS SEEDING RATE CALCULATIONS PLANER: Pry C.=1va:ns DATE: 1 -13-88 PART I : SEEDING PLANNED CONTRACT OR AGREEMENT 4 : Field No. : MLRA: G67 Acres: Irrigated: CIN No. : Dryland: Frat. No. : 342 Range Site: Salt Me_ :,ou: Pract. Name: Critical Area Treatment Seedbed Prep. Cover Crop Seeding C,perat =on : Method- intensive Method- Dates :Nov.Nov. 1 to April 30 Appr. Dates- June 1 to July 15 Drill- . Clean-tilled- Interseed- Firm seedbed- x Brnadcast- Stubble-sorghum 10-15 lbs. /Ac. Drill Type- Grass Interseed- Drill Spacing-7-1 i.n. Other- Planting Depth-1 /2-1 in. er•tilizer : Weed Control : Pei:nds actual per acre (availably) Datas:May-June Nitrogen : 40 Mow: ind--4 1-2 1988 Phosphate: 40 Chemical- 1 2nd yr. potassium: N/A Type and Amount - contact herbicide after 'i leaf stage mulch : Kind- Straw Amount- 4000 ( 1b=s/ace e) How applied- Mechanically How anchored-Mulch crimper anchor depth-4 inches into the soil (7) SEEDING PLANNED: (3) (!i ) (5 ) (z'D ) TOTAL PI_S ( 1 ) (2) PLS/ACRE OF PLS RATE PLANNED REQUIRED VARIETY SPECIEF @ 100< mIXT'5°E PER ACRE ACRES FOR SEEDING 0. 00 0. 0 0. 0 Vaughn Sideoats grama 4. 5 10 0. 45 0.0 Ar-riba Western wheatgrass 8. 0 50 4. 00 0.0 L000rm Green needlegrass 5. 0 10 0. 50 0.0 Grenville Switchgrass 2. 5 20 0. 50 0. 0 Llano Yellow Indiangrass 5. 0 10 0. 50 0.0 100 5. 95 0.0 •.,nc..1•• r. .-' - - -...�_, I a .►-�. ll,a�i..fsd� �e- aific� .��cic �.s f '�t. .. ...•_.�.ef.;d'�r >< _ .�6 •i SCS-CPA-015 U 5 DEPARTMENT OF AGRICULTURE ,' {, 12-85 SOIL CONSERVATION SERVICE ty, SOIL :11AP i.^* ?• � 4. ..,t';,:ii Y`'' Owner Operator 7. _4. 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'' ,'• 5.4 x.41•• •�'-.:]' 1 ;1•.•,•;1 .•'''± '1 ie4. •a},, ....:4.�•'�� t • EXHIBIT K Climate United States Department of Agriculture Soil Conservation Service and Forest Service in cooperation with Colorado Agricultural Experiment Station 1 . . . soil survey of Weld County, Colorado Northern Part t United States Department of Agriculture Soil Conservation Service and Forest Service in cooperation with Colorado Agricultural Experiment Station 2 Soil survey climate competition for forage started to be a problem The homestead acts of the late 1800's and early 1900's Prepared by the National CI matic Center, Asheville, North Carolina brought in more and more farmers, and by 1913 about The survey area generally is warm in summer and has 35 percent of the area had been converted to cropland freqent hot days In winter, periods of very cold weather The drought and depression of the 1930's caused a occur as a result of Arctic air moving in from the north or decline in the number of small cultivated farms Farmers northeast; however, milder periods occur when westerly could ro longer make a living from small holdings winds are warmed as they move downslope. Most managed for intensive cash crops. Many farmers left the precipitation falls as rain during the warmer part of the area. The Bankhead-Jones Farm Tenant Act, passed in year and normally is heaviest late in spring and early in 1937, was a repurchase law designed to aid the summer. Winter snowstorms are frequent, but snow resettlement of farmers, to convert submarginal cropland cover commonly disappears during milder periods back to grassland, to help stabilize the economy, and to In winter, the average temperature is 29 degrees F assist those who chose to stay and the average daily minimum temperature is 14 The Soil Conservation Service administered the degrees The lowest temperature on record, which purchase units as land utilization projects from 1938 to occurred at Greeley on February 1, 1951, is -39 degrees. 1954. The land was then transferred to the Forest In summer, the average temperature is 70 degrees and Service. Studies of the land were made, and in 1960 the the average daily maximum temperature is 87 degrees. areas of rangeland suitable for permanent retention were The highest recorded temperature, which occurred at Ft. designated as national grasslands. The grasslands Lupton on June 23, 1954, is 108 degrees. became a part of the national forest system In 1961 the The total annual precipitation is 12 inches. Of this, 9 grassland in the survey area was designated Pawnee inches, or 75 percent, usually falls in April through National Grassland. September, which includes the growing season for most Presently, about 10,000 cattle graze the public land of crops. In 2 years out of 10, the rainfall in April through the Pawnee National Grassland, which facilitates the September is less than 6.5 inches. The heaviest 1-day total management and enhances the economy of the rainfall during the period of record was 3.2 inches at area. The objective of management of national Greeley on June 8, 1974. Thunderstorms occur on about grasslands is to develop and execute conservation and 41 days each year, and most occur in summer. utilization programs for all renewable resources in The average seasonal snowfall is 40 inches. The national grassland areas; this, to the extent feasible, greatest snow depth at any one time during the period of promotes the integration of the federally administered record was 30 inches. On an average of 18 days, at least 1 inch of snow is on the ground. The number of land witn the associated private and other public lands such days varies greatly from year to year. into natural management units, which favors the The average relative humidity in midafternoon is about development of sound land conservation and utilization 40 percent Humidity is higher at night, and the average practices. Cattle use the forage about 5 months out of at dawn is about 69 percent. The sun shines 71 percent the year. of the time possible in summer and 70 percent in winter. The federal land is open to hunting that is subject to The prevailing wind is from the south. Average state laws and regulations. Wildlife in this grassland area windspeed is highest, 10.4 miles per hour, in April. includes antelope, a few deer, some coyotes, and In some years during winter, a blizzard with high winds rabbits. A few prairie dog towns are scattered throughout and drifting snow occurs in the survey area and snow the area. remains on the ground for many weeks. In some years One of the main recreational uses of the area is bird during summer, hailstorms cause severe damage to watching. The grassland supports large numbers of birds crops in the area. of many species, especially during migrations. The area is known internationally as an excellent study area for Pawnee National Grassland birds of orey, and it has good breeding populations of unique high plains species such as mountain plover, By Steward J.Adams, district ranger, Forest Service. burrowing owl, McCowan's Iongspur, and chestnut- The Pawnee National Grassland (see map at the back collared longspur. Hikers also use areas of the of this publication) is one of 19 national grasslands in grassland, although there are no special hiking trails. the western United States. Most of the Pawnee National Crow Valley Park is one-fourth mile north of the town Grassland is flat to rolling prairie grassland intermingled of Briggsdale. The park is located among shade trees with privately owned farmland and grassland. along Crow Creek. Picnic and camping areas are in the The national grasslands were started as part of an park. The campground is closed in winter. economic program. The land originally was settled by Additional information on the Pawnee National stockmen whose ranches covered vast areas of the Grassland can be obtained from the local office of the plains. During the late 1800's, overgrazing and Forest Service. / \ �1 . . ... 1` .. ,� til- Lucerne \ '- t . • ��.t 3� 37 \ _ 46 ii( . ,4r.s 1J 'cam I r....'N's...„..._......,r'i•-. ,....--•-"----; 38 • - ' • v i 39 534 �, r• a7 51 \ 47 II 15 I ►:c\...........„:.ffl . .:.,24 \ • 1 !d <n O • 19 Ig 2d'''' s� 1 • ti r • .I 48 \\ 52, 46 1 48 32 . I 1 ' s 32 ,' • 777 47 T.i�• _ • 51 i•s / \l'i4. r a. ,„2 S I 1. 1 mil .. •...- •S•�•• �.•� I • 23 -�' T ':-t, 'k ' - - � • �J _M -0 f( ••• L. ..:,.. .- 47 324 ,,,,\ .,:.„•,•,:., __,..... , i, • . . •plihil .,„ ;1! i• in pair _\::: • 1 X3: r,e , • • 32 i+•• - r+ill + 33 • j 1 79 -44,-* r • A '. as le. I' •. . � !'�. "eS� r- . _ r ktump It �r Comte _ i► Z �{ ,T IS 4'-?..,>? 4'`-. '� '` a' •F' :1‘17:1;,.• • .tit .. 32 Illiii- ' .4,...v.f. .1._ rte•.. I., ' -7;....--‘17.7?.:::.' % ,r- - �: '' .... . . yr` . ,-----:-•e-,..-•.• `r. 'i •'•. ev;::--;,-,4;.1.,,-„;,...-.� _ t ^•? ;:0..... ( ..+ �t,.1 y - `. �till .. ., , r.. . ilkill...H-Irs.„. —•• --- _ _L.:5 . 3 ..-: ....s...striev...-:,:'... -( j.. • .f...Jir*• .P.....% . '. -,. '...,. il`.';-: ,l'•%,,,' -./.-7-N.,.\t I. ' 14; •:. -,/,•405e" .-;.-.40, _ 4 ' a • 3 '1 +,C 1s :•1 • MO`" ,i,i. fit RAC t.. • �a• 1,17" ty r%!..3-�: '^ 1 X �h 46 I _ index to soil map units 1—Altvan fine sandy loam, 0 to 6 percent slopes 11 38—Nucla loam, 0 to 3 percent slopes 30 2—Altvan fine sandy loam, 6 to 9 percent slopes 12 39—Nucla loam, 3 to 9 percent slopes 30 3—Argiustolls-Rock outcrop complex, 0 to 9 percent 40—Nunn loam, 0 to 6 percent slopes 31 slopes 12 41—Nunn clay loam, 0 to 6 percent slopes 31 4—Ascalon fine sandy loam, 0 to 6 percent slopes... 13 42—Olney loamy sand, 0 to 3 percent slopes 31 5—Ascalon fine sandy loam, 6 to 9 percent slopes... 13 43—Olney loamy sand, 3 to 9 percent slopes 32 6—Ascalon-Blakeland complex, 3 to 15 percent 44—Olney fine sandy loam, 0 to 6 percent slopes 32 slopes 13 45—Olney fine sandy loam, 6 to 9 percent slopes 33 7—Ascalon-Bushman-Curabith complex, 0 to 3 46—Otero sandy loam, 0 to 3 percent slopes 33 percent slopes 14 47—Otero sandy loam, 3 to 9 percent slopes 34 8—Ascalon-Bushman-Curabith complex, 3 to 15 48—Otero-Tassel complex, 6 to 30 percent slopes 34 percent slopes 15 49—Paoli fine sandy loam, 0 to 6 percent slopes 35 9—Avar fine sandy loam 16 50—Paoli fine sandy loam, 6 to 9 percent slopes 36 10—Avar-Manzanola complex, 0 to 3 percent slopes 16 51—Peetz gravelly sandy loam, 5 to 20 percent 11—Badland slopes 36 12—Bankard loamy fine sand, 0 to 3 percent slopes 17 52—Peetz-Altvan complex, 0 to 20 percent slopes 36 13—Blakeland loamy sand, 0 to 6 percent slopes 17 53—Peetz-Rock outcrop complex, 9 to 40 percent 14—Blakeland loamy sand, 6 to 12 percent slopes... 18 slopes 15—Bresser sandy loam, 0 to 3percent slopes 18 37 54—Platner loam, 0 to 3 percent slopes 38 16—Bresser sandy loam, 3 to 9 percent slopes 19 55—Renohill fine sandy loam, 0 to 6 percent slopes 38 17—Bushman fine sandy loam, 0 to 3 percent 56—Renohill fine sandy loam, 6 to 9 percent slopes 39 slopes 19 57—Renohill-Shingle complex, 3 to 9 percent slopes 39 18—Bushman fine sandy loam, 3 to 9 percent 58—Rosebud fine sandy loam, 0 to 6 percent slopes 19 slopes 40 19—Bushman-Curabith-Canyon complex, 0 to 20 59—Rosebud fine sandy loam, 6 to 9 percent percent slopes 20 slopes 40 20—Cascajo gravelly sandy loam, 5 to 20 percent 60-Shingle clay loam, 0 to 9 percent slopes 41 slopes 20 61-Stoneham fine sandy loam, 0 to 6 percent 21—Cushman fine sandy loam, 0 to 6 percent slopes 41 slopes 21 62—Stoneham fine sandy loam, 6 to 9 percent 22—Cushman fine sandy loam, 6 to 9 percent slopes 42 slopes 22 63—Tassel loamy fine sand, 5 to 20 percent slopes. 42 23—Dacono clay loam, 0 to 6 percent slopes 22 64—Terry sandy loam, 0 to 3 percent slopes 42 24—Eckley sandy clay loam, 0 to 6 percent slopes... 22 65—Terry sandy loam, 3 to 9 percent slopes 43 25—Eckley sandy clay loam, 6 to 9 percent slopes... 23 66—Thedalund-Keota loans, 0 to 3 percent slopes 43 26—Eckley-Dix-Blakeland complex, 6 to 20 percent 67—Thedalund-Keota loans, 3 to 9 percent slopes 44 slopes 23 68—Treon fine sandy loam, 5 to 20 percent slopes.. 44 27—Epping silt loam, 0 to 9 percent slopes 24 69—Treon-Rock outcrop complex, 9 to 40 percent 28—Haplaquolls-Fluvaquents complex, frequently slopes 45 flooded 24 70—Ustic Torriorthents-Rock outcrop complex, 9 to 29—Haverson loam, 0 to 3 percent slopes 25 40 percent slopes 45 30—Keith loam, 0 to 6 percent slopes 25 71—Vona loamy sand, 0 to 3 percent slopes 46 31—Kim-Mitchell complex, 0 to 6 percent slopes 26 72—Vona loamy sand, 3 to 9 percent slopes 46 32—Kim-Mitchell complex, 6 to 9 percent slopes 27 73—Vona sandy loam, 0 to 3 percent slopes 47 33—Kim-Shingle complex, 6 to 30 percent slopes 27 74—Vona sandy loam, 3 to 9 percent slopes 47 34—Manter sandy loam, 0 to 6 percent slopes 28 75—Wages fine sandy loam, 0 to 6 percent slopes... 48 35—Manter sandy loam, 6 to 9 percent slopes 28 76—Wages fine sandy loam, 6 to 9 percent slopes... 48 36—Manzanola clay loam, 0 to 3 percent slopes 29 77—Weld loam, 0 to 6 percent slopes 49 37—Midway clay loam, 0 to 9 percent slopes 29 iv 13 Weld County, Colorado, Northern Part 4—Ascalon fine sandy loam, 0 to 6 percent slopes. 5—Ascalon fine sandy loam, 6 to 9 percent slopes. This deep, well drained soil is on smooth to moderately This deep, well drained soil is on moderately dissected dissected plains. It formed in calcareous loamy alluvium. to highly dissected plains. It formed in calcareous loamy Typically, the surface layer is dark brown fine sandy alluvium. loam 8 inches thick. The subsoil is sandy clay loam 14 Typically, the surface layer is dark brown fine sandy inches thick. The substratum to a depth of 60 inches or loam 6 inches thick. The subsoil is sandy clay loam 15 inches thick. The substratum to a depth of 60 inches or more is calcareous sandy loam. In some areas the surface layer is loam. more is calcareous sandy loam. In some areas the Included in this unit are small areas of Ascalon fine surface layer is loam. sandy loam that has slopes of 6 to 9 percent, Olney fine Included in this unit are small areas of Altvan fine sandy loam, and Otero sandy loam. Also included are sandy loam, Cascajo gravelly sandy loam, and Peetz gravelly sandy loam. Also included are some areas of some areas of Rock outcrop. Permeability of this Ascalon soil is moderate. Available Rock outcrop. Permeability of this Ascalon soil is moderate. Available water capacity is high. Effective rooting depth is 60 water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow to medium, and the hazard of water erosion is slight to moderate. The inches or more. Runoff is medium to rapid, and the hazard of water erosion is high. The hazard of soil hazard of soil blowing is moderate. This unit is used as nonirrigated cropland and blowing is moderate. This unit is used as rangeland and nonirrigated rangeland. Winter wheat is the main crop. This unit is well suited to winter wheat, barley, oats, cropland. Areas of nonirrigated cropland are poorly suited for use as rangeland and should be seeded to and sorghum. Because precipitation is not sufficient for annual cropping, a cropping system that includes small adapted grasses. The grain and summer fallow is most suitable. Precipitation potential plant community on this unit is mainly blue grama, western wheatgrass, sedges, and usually is too low for crops on this unit to make efficient f . vegetation ranges from 400 to 1,300 pounds. buffalograss. The average annual production of air-dry use o fertilizer. Maintaining crop residue on or near the surface If the range is overgrazed, the proportion of preferred reduces runoff, reduces soil blowing, and helps to maintain soil tilth and organic matter content. Stubble- forage plants decreases and the proportion of less mulch farming, striperopping, and minimum tillage help to preferred forage plants increases. Therefore, livestock grazing should be managed so that the desired balance control erosion and conserve moisture. Terraces reduce of preferred species is maintained in the plant runoff and the risk of erosion and help to conserve community. moisture. Range seeding is suitable if the range is in poor The potential plant community on this unit is mainly condition. The plants selected for seeding should meet blue grama, western wheatgrass, sedges, and the seasonal requirements of livestock or wildlife, or buffalograss. The average annual production of air-dry both. Other management practices that are suitable for vegetation ranges from 500 to 1,500 pounds. use on this unit are proper range use, deferred grazing, If the range is overgrazed, the proportion of preferred and rotation grazing. If the plant cover is disturbed, forage plants decreases and the proportion of less protection from erosion is needed. Loss of the surface preferred forage plants increases. Therefore, livestock layer results in a severe decrease in productivity and in grazing should be managed so that the desired balance the potential of the soil to produce plants suitable for of preferred species is maintained in the plant grazing. community. This unit is well suited to windbreaks and Range seeding is suitable if the range is in poor environmental plantings. Supplemental irrigation may be condition. The plants selected for seeding should meet needed when planting and during dry periods. the seasonal requirements of livestock or wildlife, or This map unit is in capability subclass Vle, both. Other management practices that are suitable for nonirrigated, and in Loamy Plains range site. use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover is disturbed, 6—Ascalon-Blakeland complex, 3 to 15 percent protection from erosion is needed. Loss of the surface slopes. This map unit is on alluvial and colluvial fans layer results in a severe decrease in productivity and in and on moderately dissected to highly dissected plains. the potential of the soil to produce plants suitable for This unit is 50 percent Ascalon fine sandy loam and grazing. 30 percent Blakeland loamy sand. The components of This unit is well suited to windbreaks and this unit are so intricately intermingled that it was not environmental plantings. Supplemental irrigation may be practical to map them separately at the scale used. needed when planting and during dry periods. Included in this unit is about 20 percent Bushman fine This map unit is in capability subclass IVe, sandy loam, Bresser sandy loam, and Wages fine sandy nonirrigated, and in Loamy Plains range site. loam. 4- 38 Soil sung of preferred species is maintained in the plant buffalograss. The average annual production of air-dry t;- community. vegetation ranges from 500 to 1,500 poundsli If the plant cover is disturbed, protection from erosion If the range is overgrazed, the proportion of preferred is needed Loss of the surface layer results in a severe forage plants decreases and the proportion of less decrease in productivity and in the potential of the unit to preferred forage plants increases Therefore, livestock produce plants suitable for grazing. Slope limits access grazing should be managed so that the desired balance by livestock and results in overgrazing of the less sloping of preferred species is maintained in the plant areas. community. Management practices suitable for use on this unit are proper range use, deferred grazing, and rotation grazing. Range seeding is suitable if the range is in poor condition. The plants selected for seeding should meet Livestock grazing should be managed to protect the unit the seasonal requirements of livestock or wildlife, or from excessive erosion. Mechanical treatment is not both. Other management practices that are suitable for practical because of the areas of Rock outcrop and the use on this unit are proper range use, deferred grazing, steepness of slope. and rotation grazing. If the plant cover is disturbed, This unit is poorly suited to windbreaks and protection from soil blowing is needed. Loss of the environmental plantings. The main limitations of the surface layer results in a severe decrease in productivity Peetz soil are the high content of lime, moderate and in the potential of the soil to produce plants suitable available water capacity, and steepness of slope. for grazing Supplemental irrigation may be needed when planting and during dry periods. This unit is well suited to windbreaks and This map unit is in capability subclass VIIs, environmental plantings Supplemental irrigation may be n This ated, and in Gravel Breaks range site. needed when planting and during dry periods. This map unit is in capability subclass IV, nonirrigated, 54—Platner loam, 0 to 3 percent slopes. This deep, and in Loamy Plains range site. well drained soil is on smooth to slightly dissected plains and adjacent stream terraces. It formed in calcareous 55—Renohill fine sandy loam, 0 to 6 percent loamy alluvium. slopes. This moderately deep, well drained soil is on Typically, the surface layer is grayish brown loam 4 slightly dissected to moderately dissected plains. It inches thick. The subsoil is clay, clay loam, and silty clay formed in calcareous loamy or clayey residuum derived loam 20 inches thick. The substratum to a depth of 60 dominantly from shale. Typically, the surface layer is brown fine sandy loam 5 inches or more is calcareous fine sandy loam and sandy loam. inches thick. The subsoil is clay loam 13 inches thick. The substratum is calcareous clay loam 14 inches thick. Included in this unit are small areas of Ascalon fine Shale is at a depth of 32 inches. Depth to shale ranges sandy loam, Manzanola clay loam, and Nunn clay loam. from 20 to 40 inches. In some areas the surface layer is Also included are soils that have a fine sandy loam or sandy loam surface layer. loam or clay loam. Permeability of this Platner soil is slow. Available water Included in this unit are small areas of Midway clay capacity is high. Effective rooting depth is 60 inches or loam, Shingle loam, and Rock outcrop of shale. more. Runoff is slow, and the hazard of water erosion is Permeability of this Renohill soil is slow. Available , slight. The hazard of soil blowing is moderate. water capacity is moderate. Effective rooting depth is 20 to 40 inches. Runoff is medium, and the hazard of water This unit is used as nonirrigated cropland and rangeland. Winter wheat is the main crop. erosion is slight to moderate. The hazard of soil blowing This unit is well suited to winter wheat, barley, oats, is moderate. and sorghum. Low annual precipitation is the main This unit is used as rangeland and nonirrigated limitation for the crops that can be grown on this unit. cropland. Because precipitation is not sufficient for annual The potential plant community on this unit is mainly ' cropping, a cropping system that includes small grain blue grama, western wheatgrass, sedges, and and summer fallow is most suitable. Precipitation usually buffalograss. The average annual production of air-dry is too low for crops on this unit to make efficient use of vegetation ranges from 500 to 1,500 pounds. fertilizer. If the range is overgrazed, the proportion of preferred Maintaining crop residue on or near the surface forage plants decreases and the proportion of less reduces runoff, reduces soil blowing, and helps to preferred forage plants increases. Therefore, livestock maintain soil tilth and organic matter content. Stubble- grazing should be managed so that the desired balance mulch farming, striperopping, and minimum tillage help to of preferred species is maintained in the plant control erosion and conserve moisture. Terraces reduce community. runoff and the risk of erosion and help to conserve Range seeding is suitable if the range is in poor y moisture. condition. The plants selected for seeding should meet The potential plant community on this unit is mainly the seasonal requirements of livestock or wildlife, or blue grama, western wheatgrass, sedges, and both. Other management practices that are suitable for 4. V EXHIBIT L Reclamation Costs - Finish Grading $1,000.00 Topsoiling $1,000.00 Fertilize $ 500.00 Seeding $ 500.00 Total Cost for Reclamation $3,000.00 EXHIBIT N Other Permits and Licenses 1. Stormwater Management - COG-500026 1993 2. Emission Pemit - 82 - WE - 388 (APEN) 3. Judicated Well - Reg. No. 29 - 11874 RF 200 4. N.P.D.S. (Discharge) CO. 0036145 4-29-79 5. Wastewater Discharge Permit P269956645 9-16-83 6. C.D.P.S. - CO - G 500026 10-06-83 7. Corp of Engineer Wetland CO - 25B OXT 211732 10-11-88 8. M.L.R.D. 78-210 EXHIBIT 0 Source of Legal Right to Enter AR1883049 • Recorded at T{ 0961 REC 01003049 02/12/02 16 :49 $O.OO 1/002 ReceptionNc MARY ANN FEiJERSTETN, CLERK & RECORDER, WELD COUNTY, CO 13c'll'1i111Iii Teed. - ) 1 HIS 1)111) is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as (CRAN1 OR to the Individuals) or entity(ies) named below as GRAN]Fl the GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the properly. except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)any protective covenants and restric- tions shown of recruit, and ((s)any additional ,natters shown below under"Additional Warranty I xceptions" The specific terms of this deed arc: GRANTOR: t(.ise names)and plau•ts)of residence if the spouse of the(Amer grantor is imnrlo' in this Deed to telr•.o, homestead rights tdentds grantor:as husband and tuft• Richard Geisert and Francis Geisert NGRANTEE: i(rue n,mtels)and address(es) statement of address nu-Iodine available road or street number is required) Cbunty of Weld, State of Colorado, a body corporate and politic 915 10th Street, Greeley, Colorado • '- FORM OF CO-OWNERSHIP: iii the,'.ue two or more grantees earned they soil be considered to take as tenants in common unless the nerds in joint tenancy"'or sso•ds of the same meaning are added to the space below I 1 V PROPERTY DESCRIPTION: ltmh•dr counts and state 1 5' ATPACHED EXHIBIT "A" • is, f\ rym CONSIDERATION: fury statement of a dollar amount us optional attenuate Co•niderai on for this dre,l siii br pies •d sinless this c oases ann.rs alentdu•(I as a gull in any can,'this tonesance rs ahsotute final and unconditional) RESERVATIONS-RESTRICTIONS: (If the GRANTOR intends to resets,any interest re the property or to cones less than he ossns,or if the GRAN IOR is restricting the GRAN II I'S aphis-in the property make appropriate indication) • s\-1-• :11fIUITIONAu. V: RANTY EXCEPTIONS: urn lode moorages being assumed and other matters not(oseted arose) • f//) LC CC-LC Signed on_ February 12 19 82 _ / L j� ll2o C�� {tea-kitty Attest• C • rantor Grantor STATE OF COLORADO ) COUNTY Of Weld ) 55' Grantor The foregoing instrument was acknowledged before me this 12th day of February , 19 82 by Cary R. Sears as attorney—in—fact for Richard Geisert and Francis Geisert, WITNESS my hand and official seal. / Y2)(' My commission expires: August 23, 1984 (/ Notary Public STATE OF 1221 8th Ave. , Greeley, CO 80631 COUNTY OF ) 55. The foregoing instrument was acknowledged before me this day of , 19 by WITNESS my hand and official seal. My commission expires: _ Notary Public IC 1977 UPDATE LEGAL FORMS NO 201 P.O. BOX 18th, GREELEY, COLORADO 80632 EXHIBIT "A" 0 09E,1 REC 011383045' 02/12/(32 16: 49 $0.00 2/002 MARY ANN 1=EUERSTE1N, CLERK h RECORDER, WELD (:COUNTY, CO All that part of the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 and the NE 1/4 SE 1/4 Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto, and beginning at the E 1/4 corner of said Section 31, thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point, thence North 89°32'30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0°13'50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162.50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37'00" West a distance of 335 feet; thence North 30°39'00" West a distance of 353 feet, thence South 52°33'00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478.07 feet; thence South 44°51'10" West, 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River; thence South 71°07'20" West a distance of 222.20 feet; thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687.85, thence North 55°22'10" West a distance of 77.24 feet, thence North 65°16'30" West, a distance of 129.80 feet, thence North 87°57'50" West a distance ' of 208.50 feet, thence South 75°35'50" West a distance of 170.90 feet, thence South 89°18'50" West a distance of 271.80 feet to a point where said line inter- sects the West line of the NE 1/4 SW 1/4 of said Section 31, thence North 01°11'10" East a distance of 1073. 76 feet along the West line of the NE 1/4 SW 1/4, thence South 89°53'40" East a distance of 3970.88 feet along the North line of the NE 1/4 SW 1/4, and the NW 1/4 SE 14, and the NE 1/4 SE 1/4 to the point of beginning. Said parcel includes Irrigation Well Keg. #29-11874, R.F. 200", forming a part of the Larimer-Weld Augmentation Plan. a portion of said description is also known as a part of Lot 1, Block 178, , City of Greeley, Weld County, Colorado. EXHIBIT P Owner(s) of Record of Affected Land (Surface Area) and Owner of Substance to be Mined. AFFIDAvIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property GEISERT PIT-AMENDMENT 933 N. 11th AVE. SATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. k The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. r The foregoing instrument was subscribed and sworn to before me this 17 day of NOVEMBER , 19 93 , by f/ 1/a 7f ( ' L, WITNESS my hand and official seal. My Commission expires: oZ /9 l Cf T e(_ 4 /ti: 4L No u/ 7 Public LI NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # CITY OF GREELEY 901-7TH STREET 62080331408002 GREELEY, CO 80631 ALMA BANGHART 615 N 11TH AVE 62080331401005 (D & D AUTO SALVAGE GREELEY, CO 80631 & RADIATOR SERVICE) BUCKLEN EQUIPMENT 531 N 21ST AVE 62080331300003 COMPANY GREELEY, CO 80631 R M HINER 2220 '0' STREET PIN#1281486 GREELEY, CO 80631 62080331000009 JOHN ELLS, JR. 722 N 11TH AVE 62096108125016 AND ERR. GREELEY, CO 80631 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property GEISERT PIT-AMENDMENT 933 N.11th AVE. 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 minerals 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, from an ownership update from a title or abstract company, or an attorney. LPC/VaaLP AL-Ay The foregoing instrument was subscribed and sworn to before me this 17 day of NOVEMBER , 19 93 , By 40r1l��C('1 WITNESS my hand and official seal. My Commission expires: c=2/9/6? No ry Public AR 1883049 • Recorded at T:r 0961 REC 01003049 02/12/132 16:49 $0.00 1/002 ReceptionNc MARY ANN l-'EUERSTF_JN, CLERK & RECORDER, WELD COUNTY, CO ll�rt�J�ttlt'/� rlkce{I 11115 1)FFl) is a conveyance of the real property described below, including any improvements and oilier appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRAN1F1 I he GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. except for(1)the hen of the general properly taxes for the year of this deed,which the GRANTIF will pay(2)any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations anti emceptions(4)any outstanding mineral interests shown of record(5)any protective covenants and reslnr- (ions shown of rrcouf, and (6)any a(iditronal matters shown below under"Additional Warranty I xceptions" The specific terms of this deed arc: GRANTOR:u,,.r naum(s)arid placets)of rrscfence d the spouse of the osier•grantor Is laming in th.c Deed to release hnmmt earl rights rdentds grantors,Ls husband.11111 sub• Richard Geisert and Francis Geisert GRANTEE: (C.ru•nai,,'I I•auf addresses) statement of address including.nadahle road or street number is required (bunty of Weld, State of Colorado, a body corporate and politic 915 10th Street, Greeley, Colorado • FORM OF CO-OWNERSHIP: (II there ate hso Or 111O1e grantees earned.they will be considered to take as tenants in common unless the souk"sit joint tenancy"'Of sso•ds of the same meaning are added in the space below) 1 PROPERTY DESCRIPTION: Itruiede(mints and state) ••••..s, SIX ATTACHED EXHIBIT "11" • r� t-, CONSIDERATION: flirt.statement of a(Milli amount I, optional adequate consideration for this deed will be pre MI titles this cnme%arum is identified as a gift m ans..ase this sarsesance s absolute final and unrondihonal) ti RESERVATIONS-RESTRICTIONS: (1f the GRANTOR intends to resene any interest re the property or to consey less than he owns.or if the GRANTOR is restricting,the(.PAN I.5 rightcin the property, make appropriate indication ITffJL-fJtlAftRANTY EXCEPTIONS: Ulu hub.murte,mes bring assumed and other matters not cosered abase . �Lt C Cr.L� i Signed on— February 12 lo 82 _ / iF`2tf/('i l�(� C�� aeeevlu f ,cx a2�f Attest• rantor Grantor STATE OF COLORADO COUNTY OF 'Weld ) ss. Grantor The foregoing instrument was acknowledged before me this 12 th day of February , 19 82 by Gary R. Sears as attorney-in-fact for Richard Geisert and Francis Geisert, WITNESS my hand and official seal. l2--el it) f ,� / k-1))(1 71 ') - My commission expires.August 23, 1984 t/ Notary Public. STATE OF 1 1221 8th Ave. , Greeley, CO 80631 COUNTY OF ss. The foregoing instrument was acknowledged before me this day of " 19 by WITNESS my hand and official seal. My commission expires: Notary Public 'c 1977 UPDATE LEGAL FORMS NO 201 P.O. BOX 1815, GREELEY, COLORADO 80632 EXHIBIT "A" D 0961 REC 011303045' 02/12/02 16:49 $0.00 2/002 MARY ANN 1=EUERSlE1N, CLERK h RECORDER, WELD COUNTY, CO All that part of the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 and the NE 1/4 SE 1/4 Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto, and beginning at the E 1/4 corner of said Section 31, thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point, thence North 89°32'30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0°13'50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162.50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37'00" West a distance of 335 feet; thence North 30°39'00" West a distance of 353 feet, thence South 52°33'00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478.07 feet; thence South 44°51'10" West, 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River; thence South 71°07'20" West a distance of 222.20 feet; thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687.85, thence North 55°22'10" West a distance of 77.24 feet, thence North 65°16'30" West, a distance of 129.80 feet, thence North 87°57'50" West a distance of 208.50 feet, thence South 75°35'50" West a distance of 170.90 feet, thence South 89°18'50" West a distance of 271.80 feet to a point where said line inter- sects the West line of the NE 1/4 SW 1/4 of said Section 31, thence North 01°11'10" East a distance of 1073. 76 feet along the West line of the NE 1/4 SW 1/4, thence South 89°53'40" East a distance of 3970.88 feet along the North line of the NE 1/4 SW 1/4, and the NW 1/4 SE 14, and the NE 1/4 SE 1/4 to the point of beginning. Said parcel includes Irrigation Well Reg. #29-11874, R.F. 200", forming a part of the Larimer-Weld Augmentation Plan. a portion of said description is also known as a part of Lot 1, Block 178, , City of Greeley, Weld County, Colorado. EXHIBIT 0 Municipalities Within Two Miles PAGE 3 WFJ.D COUNT INCORPORATED MUNICIPALITIES--JUNE 1992 S.' ADDRESS/PONE/HOURS OFFICIALS TERM EXPIRES COUNCIL. F=ETING TOi BALI. 1st 4 3rd Tuesdays City of Greeley Betsy Bolder, Clerk 7:30 s p.m. Gilliam Morton, Mayor 11-93 tree 10th y Street 11-93 Greeley, CO 80631 David Plasters, Pro Tea 11-95 Lea Faulkner, Council 11-95 M-? 8:00 3a. . - Fax: 350-9736 Nancy Brigdsn, Council M-F a.m. - 5:00 p.m. Ban Crumb, Council 11-93 Charles Archibequs, Council 11-95 Bernard Kinnick, Council 11-93 Manager Paul Crattet Police Chief Ron Wood Attorney Rick Brady 1st Thursday Town of Grover Jams Thomas, Clerk 4_94 1st hurl Larry Enderson, Mayor 4-94 p.m. P3. O. Box 57a Mary Typer, Pro Tea 0. Hox Council 4-94 4-94 Grover, CO 80729 Lorna Phone: Carol Opdycka,895-2213 Miller, Council No fax number Council 4-94 Tue. 11:00-nooai Wed. 11100-3:00 p.m. Al Timm,AlllreedHillman, Council 4-94 Dave Bymar, Council 4-94 tad L 4th Vedasadays TKelly Smith, Clark 4-94 2nd 7:30 4th 557n of Hudson Robert Masdea, Mayor p.m. 557 Ash Street 4-94 P. 0. Box 351 Judith Parker, Pro Ten Hudson, CO 4-96 80642 Janice Lewis, Council 4-96 M-F 8:00 a Phones 5 .a. - 5:00 p.m. Tim Foos, Council Tam: 536-4753 Kathryn Whiseaant, Council 4-96 o Dennis Lingo, Council 4-94 Administrator C. Robb Fuller Attorney Jamas Maloney 1st Monday Town of Johnstown Diana Seale, Clark 4-96 l t p.m. Ray Wades, Mayor 101 Charlotte 4-96 P. 0. Box 306 Leonard Boct, Council 4-94 Johnstown, CO 80534 Debra Arndt, Councill4-94 Michael Engrav, Council Phones 587-4664 No fax number 4-94 Chat Hays, Council 4-96 M-F Ss00 - 5:00 p.m. Dave Bejarano, Council Nancy Jacobson, Council 4-94 Police Chief Kenneth Kroh Attorney John Parrott 2nd Monday Town of Keenesburg Cheryl Monday Jaeger, Clark 4_94 21d0 o Ronald Linnebur, Mayor 140 .m. .S Bo ox 312 Street Larry Jakal, Pro Tam 4-94 P. 0. John Cordes, Council 4-96 Phone 732-4281 3. CO 8064 No No fax number Jeff Break, Council 4-96 one: Jerald Starks, Council 4-96 M-F 8:00 - 2:00 p.m. Doug Steward, Council 4-94 Kenneth Frazier, Council 4-94 Attorney John Maley EXHIBIT R Proof of Mailing of Notice to County Commissioners and Soil Conservation District. •iCT�_ . i sa LO CLEF,;; CERTIFICATION This is to certify that, pursuant to the Weld County Home Rule Charter, the Weld County Clerk to the Board operates under the direction of the Weld County Commissioner's Office and provides many services normally performed by the County Clerk and Recorder. The document is filed, stamped and on public display in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 24th day of November, 1993. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COOLORAL}0 1//• f f fig" CLERK TO THE BOARD - Deputy Cler to the Boara EXHIBIT R EXHIBIT S J %.ttST GREELLT \ SOILTONSERVAND glum* • ,A3Q2v& . D. ELY; o • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT WEST GREELEY DISTRICT WELD COUNTY (Operator) has applied for a reclamation permit from the Coloraao Mined Land Reclamation Board ("the Board" ) to conduct mining operations in WELD County. The attached information is being provided to notify you of the location and nature of the proposed operation. ( The entire application is on file with the Colorado Mined Land Reclamation Division ("the Division" ) and the local county clerk and recorder. WILDLIFE HABITAT The applicant proposes to reclaim the affected land to PARK SYSTEM Pursuant to C.R.S. 34-32-116(7) (j) the Board is required to confer with the local Soil Conservation Districts before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to C.R.S. 34-32-112(10). If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Colorado Mined Land Reclamation Division, 1313 Sherman Street, Room 215 , Denver, Colorado 80203, (303) 866-3567. NOTE TO OPERATOR: You must attach a copy of the first two pages of the , . • 7 EXHIBIT S Proof of Filing with County Clerk and Recorder. • AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE LAW IS SHOWN BELOW. YOU WILL NEED TO FILL IN THE BLANKS WITH DATES ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY . PUBLICATION INSTRUCTIONS Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Limited Impact (110(2) ) Operations , this notice must be published once within 10 days of the date of submittal . The final date for receiving comments is 10 days after the date of publication. -F6al legu1 ar (112) Open ti ons6�, this notice must be published once a week • for four consecutive weeks, starting within 10 days of the date of submittal . The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices mist be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the rules . Since the date for consideration of your application may change, DO NOT include it in this notice. ( For a complete discussion of the notice procedures and objections , please refer to C.R.S. 34-32-112(10) , 110(7)(c) , 114 , and 115. PUBLIC NOTICE (Operator Name) WELD COUNTY ; (Address and Phone) P 0 BOX 758, GREELEY, CO 80632 PH#356-4000 X 3750 has files an application Tor a Mining ana Reclamation permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Mined Land Reclamation Act. The proposed mine is known as the (Name of Mine) GEISERT PIT and is located at or near Section 31 , Township 6 NORTH Range 65 WEST , 6TH Prime Meridian. The proposed date of commencement is JANUARY 1t . 994 and the proposed date of completion is JANUARY 1 . 2013 . T ne proposed future use of the land is (Future Lanai sei WILDLIFE/PARK SYSTEM Additional information and tentative decision aate may oe ootainea from the Mined Land Reclamation Division, 1313 Sherman Street, Room 215 , Denver, Colorado 80203 (303) 866-3567, or (County Name) WELD County Clerk & Recorder; (Clerk & Recorder's Address) P 0 BOX 758 or the above-named applicant. } THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. HOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE /1 THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS DAY OF , 19 SEAL NOTARY PUBLIC MY COMMISSION EXPIRES TART DAY TO POST SIGN IS: • 19 REFERRAL LIST NAME: Weld County CASE NUMBER: 2nd Amended SUP-369 REFERRALS SENT: December 13, 1993 REFERRALS TO BE RECEIVED BY: December 27, 1993 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Broomfield X Emergency Management Office Dacono Sheriff' s Office Eaton X Engineering Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City X Division of Water Resources Gilcrest Geological Survey X Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown X Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey X Division of Wildlife La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Pierce Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 Thornton Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 X US Army Corps of Engineers Windsor/Severance F-17 USDA-APHIS Veterinary Service Wiggins F-18 ____Federal Aviation Administration X Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS X Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission X Greeley X Left Hand Water Conservancy District Longmont West Adams COMMISSION/BOARD MEMBER X Bill O'Hare l r' �. j1` DEPARTMENT OF PLANNING SERVICES „� PHONE (303) 353-w45, -.7.2<T. 35»0 WELD COUNTY ADMINISTRATIVE OFFICES g �r ® 1400 N. 1iI H i'JE."JUE t M'� - GREELEY, COLORADO 20631 COLORADO Date: December 13 , 1993 CASE NUMBER: 2nd Amended SUP-369 TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Board of County Commissioners for a Site Specific Development Plan and a 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to North 11th Avenue and north of the Cache La Poudre River; approximately 1/2 miles south of Weld County Road 64. , This application is submitted to you 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 theapplication and will ensure prompt consideration of your recommendation. Please reply by December 27 , 1993 , so that wn may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a' Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3 . X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. _ please refer to the enclosed letter. Signed: ��/ Agency: t - C.s/OF Date: /.Z —/S— P3 DEC 1 7 1993 ' 11 "''^I0 roomy Planning _ DE ARTMENT OF PLANNING SERVICES tom: fir`. '• PHONE(303)353-3845, EXT. 3540 ; �� , WELD COUNTY ADMINISTRATIVE OFFICES , �`� f ��' 1400 N.17TH AVENUE " < Q � 993 G R EELEY, COLORADO 80631 COLORADO V' ) \ As) "\\%-)9 6-1).9 \ 01 Date: December 13, 19 NUMBER: 2nd Amended SUP-369 TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Board of County Commissioners for a Site Specific Development Plan and a 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to North 11th Avenue and north of the Cache La Poudre River; approximately 1/2 miles south of Weld County Road 64. This application is submitted to you 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 application and will ensure prompt consideration of your recommendation. Please reply by December 27, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. y" We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. S ait,L%ti) Agency: Gam, r.-1 .,Y,L7.e_, ,,mr ,.,, Date: -/, //t./93 ,'/ LE C • D �^ DEC 2 01993 1 171 Weld County Planning 340183 it V aza s\I .,1_1 i , m.44..... ........ ii . DEPARTMENT OF PLANNING SERVICES F rty`° s ADMI_ _a. O 1400 N. 1 i H AVENUE rn U 1993 -REELEY, COLORADO 80631 +` ' DEC 2 COLORADO Weld County Planning Date: December 13 , 1993 CASE NUMBER: 2nd Amended SUP-369 TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Board of County Commissioners for a Site Specific Development Plan and a 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to North 11th Avenue and north of the Cache La Poudre River; approximately 1/2 miles south of Weld County Road 64. This application is submitted to you 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 application and will ensure prompt consideration of your recommendation. Please reply by December 27, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. (1/ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please er to the enclosed lett r. Signed: Agency: l%lGZ►' �---- Date: /0 - ao- 93 Li 1 6 I\ 8571 DEPARTMENT OF PLANNING SERVICES �] - PHONE(303) 353-3545, EXT. 3540 { WELD COUNTY ADMINISTRATIVE OFFICESJAN d 4199 1400 N. 17TH AVENUE :- 50 - --' GrE=!=Y, COLORADO 80631 4-4,17•-•* Weld GouMy Planning COLORADO Date: December 13, 1993 CASE NUMBER: 2nd Amended SUP-369 TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Board of County Commissioners for a Site Specific Development Plan and a 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to North 11th Avenue and north of the Cache La Poudre River; approximately 1/2 miles south of Weld County Road 64. This application is submitted to you 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 application and will ensure prompt consideration of your recommendation. Please reply by December 27, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the • following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. e refer to the enclosed letter. Signed: Agency: Date: . -- -- , , r.\li_ .,"„.1/. --;', I7' . ,' , . , , � •;'",',, , U I \t / '/ /"" I To Chuck_ciinliffa,_Dir._of Planninge_ December 9, 1982 b ` ' - .%%I,,!'3,_.,.:_.) \,' :�,g',,lan .r©m_po_nald R,_Carroll, Administrative Manager, Engineering D ra4. sIzAczt Transfer of-Special__Use_Permit_(Geisert Gravel Pit) We are transfering the permit from Mined Land Reclamation in the name of Richard H. and Grancis M. Geisert to Weld County. We would also like to do this with the Special Use Permit. If you have any questions concerning this matter, please feel free to contact our office. DRC/dm cc: Clerk to the Board 1.- -r-'71-, 171.?qiiq .--), \c' u► 1� 19 ? Vold to.Pla it%Camolission EORRflDU r -g Thompson r Du 1PIanrnn Weld County Planning December 29, 1993 • To Date COLORADO Jeffrey L. Stoll, Director, Environmental Health From Case Number: AM SUP-369-2 Name: Weld County Subject: PT SW4 SE4 Section 31, Township 06 North, Range 65 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. The existing Emission Permit must be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . 8. Adequate toilet facilities shall be provided for the public. 9. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to this Division, before the required I.S.D.S. Evaluation can be performed. 10. The existing NPDES Permit must be amended for the increased operation if the State determines that such a modification represents a significant change in the discharge. 940183 Case Number: AM SUP-369-2 Name: Weld County December 29, 1993 Page 2 11. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 12. The Division requires that this facility utilize existing public water supply. JLS/kh-2703 940'183 1 J : tti ft9 e 1\ ., z3` DEPARTMENT OF PLANNING SERVICES irlPHONE (303)353-M45. EXT. 3540 _ 7 ► WELD COUNTY ADMINISTRATIVE OFFICES .� f © 1400 N. 17TH AVENUE C'q O r. GREELEY, COLORADO 30631 COLORADO Date: December 13 , 1993 CASE NUMBER: 2nd Amended SUP-369 TO WHOM IT MAY CONCERN: Enclosed is an application from Weld County Board of County Commissioners for a Site Specific Development Plan and a 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to North 11th Avenue and north of the Cache La Poudre River; approximately 1/2 miles south of Weld County Road 64. This application is submitted to you 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 application and will ensure prompt consideration of your recommendation. Please reply by December 27, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submi ted to yo rior to: 5 Ple s o t e enclosed Ctt� Cola. C- - C.o..-s. �i�-jri Signed:: A genc y: Date: S� l�q3 p,, „ „ , 7,-. DEC 3 0 1993 '1 'Neie County Planning CC central colorado water conservancy district 32C9 'ilex,_6: :eI Greeley, oraLlc +3031 330-2.5- C 320-13,11 O \1e 303, 323-C47-: FAX (303) 330--=340 December 17, 1993 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 RE: SUP - 369 Dear Sirs: The Central Colorado Water Conservancy District has an agreement with Weld County to provide augmentation water for the Geisert Pit. Under this agreement, Central shall augment evaporative depletions from 22.38 acres of exposed water surface for a total annual volume of 25 acre-feet. Apparently Weld County plans to disturb 90 acres in its mining operation. Weld County is obligated to notify Central if the amount of exposed water surface exceeds 22.38 acres. Central does not necessarily agree that the amount of evaporation from the exposed water . surface should not exceed the amount of historic consumptive due to agricultural activities. Agricultural consumptive use depends of(1)the number of acres historically under production, (2) the nature of the crops historically grown, and (3) the availability of water supplies used to irrigate the crops. Sinc- -ly, Forrest Lea , . Water Resources Engineer cc: Lee Morrison, Weld County Kim Lawrence DEC 3 0 1993 WAld County Planning 4;. COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley February 14, 1994 Mr. Greg Thompson Current Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Weld County Board of County Commissioners Second Amended SUP-369 Dear Greg: Thank you for the additional information you provided regarding Second Amended SUP-369 . Because this site is on one of the entryways to the City, the area of outdoor storage is a concern to the City. We therefore request that adequate screening be required around any outdoor storage area which is visible from North 11th Avenue. Any additional landscaping that could be supplied adjacent to North 11th Avenue would also be appreciated. We would also appreciate reservation or dedication of corridors for the trail system adjacent to the Poudre River. I understand that the County Commissioners have recently addressed this issue and may have already planned such reservation or dedication. Thank you for the opportunity to comment regarding the additional information. If I can be of further assistance, please let me know. Very truly yours, Lanell J. Adler Planner II FEB 1 6 1994 Plfoo lPrprinti,PIannlng .. / (---s;NT DEPARTMENT OF THE ARMYQ��r �F°��2 CORPS OF ENGINEERS,OMAHA DISTRICT o`�' Jn tc#4 TRI-LAKES PROJECT OFFICE,93O7 STATE HWY 121 0 50 a •G LITTLETON,COLORADO 8O123-69O1 ( ^^ems* °w y�T �el`fir ' PORED u,u o7 fO STATES OF D' ATTENTION OF December 30, 1993 CO"4TEM°KP�� Greg Thompson Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley Colorado, 80631 Dear Mr. Thompson: Reference is made to 2nd Amended SUP-369, which is located in Section 31, Township- 6-North, Range-65-West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the excavation and discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the proposed activity, assigned number 199380832, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, Tim y Cart- Project anager 'JAN ® 4 199. mph!raunty Planning 940183 STATE OF COLORADO OFFICE OF THE STATE ENGINEER ofot°� Division of Water Resources w Department of Natural Resources ET% N.% 1313 Sherman Street, Room 818 1876 Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor Ken Salazar Executive Director Hal D Simpson ��]['^'( State Engineer January 25, 1994 I��r}V/' Mr. Greg Thompson JAN 2 1994 1 Weld County Department of Planning Services 1400 North 17th Avenue '��gd Caur gy F'9ar�st➢�g Greeley, CO 80631 RE: Geisert Gravel Pit, M78210, Site Specific Development Plan and 2nd Amended Special Use Permit, SUP-369 N1/2, SE1/a and SW%, Section 31, T6N, R65W, 6th P.M. Water Division 1, Water District 3 Dear Greg: Thank you for the referral concerning the Site Specific Development Plan and 2nd Amended Special Use Permit from the Weld County Board of County Commissioners for their Geisert Gravel Pit. The project is located adjacent to North 11th Avenue, north of the Cache La Poudre River and approximately 1/2 mile south of WCR 64. Because a new water line is traversing the site, the size of the lakes must be adjusted. Weld County is actively wet mining the site. Water losses include, but are not limited to, dust control, water lost in the product, additional lake evaporation and possible irrigation for reclamation. Dewatering will be performed to keep the water level down for excavation purposes. Reclamation is for approximately 52 acres of wildlife habitat/recreation lakes, as shown on Exhibits D and F of the County referral. The State Engineer's Office is currently working towards approval of a substitute water supply plan in which the County will replace depletions associated with evaporation losses only from 22.38 acres created by exposing groundwater. Dust control and water lost as a result of wet mining are not included in this plan. We anticipate approval of this plan for evaporation only for one year. Subsequent renewals will be subject to the conditions of the current plan. Pursuant to Section 30-28-136(h)(I), C.R.S.,the State Engineer's Office offers the following opinion for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: { Mr. Greg Thompson Page 2 January 25, 1994 4 It appears that the County is depleting the waters of an overappropriated basin out-of-priority - by the operation of this gravel mine. There appears to be no valid water supply plan- either through a Water Court approved plan for augmentation nor a substitute water supply plan approved by the State Engineer - for the water losses incurred through dust control, water lost in the product or other miscellaneous losses. It is recommended that the County contact our office immediately to obtain the necessary information required for compliance. Attached are documents relative to gravel pit permits and substitute water supply plans. Although all the data may not be pertinent at this time, the documents are intended to give the applicant a better overall picture of the process. Failure to respond to this office may result in cease and desist orders resulting in closure of the operation and/or cessation of evaporation. Should you have further questions or comments regarding the water supply for this project, please contact myself or Dick Wolfe at the above address. Sincerely, y T appington ater esources Engineer cc: Dave Nettles, Assistant Division Engineer Shawn Hoff, Water Commissioner (with attachments) Lee Morrison, Weld County, 915 Tenth Street, Greeley, CO 80631 attachments JTS/geisert.sub • A I- • A » Giesert Pit lcwRSM27 STATE OF COLORADO For Office Use only 8/89 OFFICE OF THE STATE ENGINEER 823 Centennial Bldg. 1313 Sherman St, Denver, Colorado 80203 J• (303) 866-3581 SEE INSTRUCTIONS ON REVERSE SIDE GRAVEL PIT WELL PERMIT APPLICATION 1. TYPE OF PERMIT ❑ NEW PIT(S) 0 PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980 ❑ REACTIVATION OF PRE JAN. 1, 1981 PIT(S) 2. OWNER NAME(S) •Weld County, Colorado Mailing Address 915 Tenth Street City, St. Zip Greeley, CO 80631 Phone ( 303 ) 356-4000 3. ADDRESS OF LOCAL CONTACT (If different than #2) NAME(S) Lee Morrison Mailing Address 915 Tenth Street City, St. Zip Greeley, CO 80631 Phone ( 303 ) 356-4000 4. GENERAL LOCATION OF PIT(S): COUNTY Weld NE 1/4, SW 1/4, Sect. 31,TEN , R65 N SE1/4 Sec. ?..1.1, T R65W; SW 1/4 NE 1/4, Sec. 31 Twp. 6 � N. S., Range 65 U E. XJW. 6th P.M. 5. Total number of water surface acres (to be) exposed 28 . 09 acres-otal Number of Pits 2 6. Estimated total depth of pit 25 ' . Estimated depth to groundwater 3 ' 7. (a) Estimated date to begin excavation J' /A ,to complete excavation July 1990 8. ATTACHMENTS: (Check which have been attached.) (a) r Scaled map of pit area tied to a Section or 1/4 Corner (Required). (b) ❑ Copy of the reclamation permit if applicable. (c) ❑ Copy of Pre 1/15/89 Water Conservancy Dist. or Water User Assoc. Augmentation Agreement if applicable, (d) © Copy of proposed Augmentation or Temporary Supply Plan if applicable. (E.) ❑ Copy of Court approved Augmentation Plan if applicable. (f) ❑ Other 9. Detailed description of the use and method of diversion of anv water withdrawn from the pond. Water loss is due to evaporation from the pit. 10. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury _ in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) igna r Date - Gene R. Brantner, Chairman 7/11/90 Weld County Commissioners ir` eY614t... . For Office Use only Court Case No. Div. Co. WD Basin MD Use 4 FIGURE 1 / ../ L \ '00 � — 5 s I i\ __.,,,,o-t- 'Z� R65W I , 'Greeley Junction , I I i -____ o 4670 4668 II _~ MOO A °. 1 umpero I pn �°_ ' Qorner° _ �a6• 610 'I•� S7 n9 i.. _:7-7:r"_- c'` 4693 ,IQ ,�\ 470 1. t o L r�6e0 1i I' :' / S c3 i • .‘, ....., ,.„ , . . ,\,„ . , ,,.\. s1 • '-.,\ ) I L. civrioN i , 1 �o ,(1.---. r - I :::'"'� • f-\ - I\\ 46a0 rr� \�°'---� s--.- - X44 - /�_ /S__ , MS �,, , .-)C. I /--� '.� � �'. r•n �rr��.f ,---4.r� �"i, ..zi,� -.J r� �` Ii1• , I \'r :F � , -- ; h 0.).,50;F •''';'\'' ,fitis-.3", ' .% : , . : , . aii,i 72-- _ -. . : . .\ \:. ' I - . ▪ --- ---- - • ',/ , .,„.. , • ■ •�i I�slanl� _ \ .' 4644 - ►� • ••I °° % ° 'I \ 4648 car, I l _ '�, 2 I Fa � , ° 4� .a NO i _ •dlr--- Gravel°'/Pli !lest��' .e\UVe i1 • ■IF • . O�II I-__= 4'6:&:°- ;-- g. I• c: , I • "'466i'I r _`41551 ;r 14648 O • 46 42 /r I Trailer I II.' J a : IC • v \,i, • . Park ' ��1 I r- I.°S0uTiYE�i+ Tl I 'r - ". I� ,° �, /ter • p I p • -a.r..-II": I II— .II Trailed •i I •• •II - -_ I II 75.-a7"•-Park, • m ID .�• r G r BEY I �� f•• ' ' �I� n ••cb0 , _ 4665•I I ■�. 4652 ■ _ ii--, 1• ,\.. . 1.. . ___ .i,-...r-i:.:.:• .. i .. .7- .—.Trl i 1 I \L., ,, I // - j ' (�;n- .,�I-. \1 4663�IL_.• �•I— JI�IL 4`—...III ` I > 2( I I —� 3 II. �i -: •----• , J -▪ 4700`II \�� G_ RI_ E _E' L _ J. -� i•[ I : W I 1, Ii—'j C'•^:. . i i : , ., \ I�'I( r ___ _� I BM 1 6.—"--,.° • .a I.. IC's• L1 ._ II. 1 •l r� ••L� -I rt�� _ ___I'�!�IEI j, I :'— pc'ncoiry ,� aC-Til i,_t= , sT I'I- IjI• • \ ,_ P\—L4 II L- INTK' II +I II 46/ it II 5T ! I ~I ParF I� '6SJ' / II II,�•�•II. i Ii 'fI , ,- 1 I ' '�' L- �\ I VIII I - 3» -fI ♦'� I Bourg 6q tatimr yE 1'. _G .y 'r r 6 IL. I� I��IFI°usell �I ,�-e••• /7 �rr'l I 1-a� -Q•.... - 4_1166'l"7 66^_"794 �I. ' r— „° tttim• _us r.. • .•� __�• , ,. tr I L 4664 11 LH1F [ ' - JJI � Ij_ • -�, ,, -, �\ '''‘I' IL_ ' - lhl II`s'o I I :I i 14 �II •r,,.,,,, \ sy, r1 , ill - �` li oo `' I \ :7-1 ri I, j'_� r ,,,t I )� -31 \ -J._ li- _-I_ it. i • / .\; 'I - \'� \ _•II it ' = I'• ice■ • [ • i � Sch ITh B12 !7464750 4_-. --- -- ',_ - r��l.-11!.w 11� f- ��'1-1r-Ir-, r ; li-i,, ... ._, WELD COUNTY OD 0 2000 • _t 1'=2000' N GIESERT PIT TUTTLE APPLEGATE, INC. VICINITY MAP Comultann lot Land and Resource Development 11990 Grant Street, Suite 410 Den r,Colorado 80233 1303)452-6611 • 1 AilEEMIEMINIELL AIEMINEEOMIL AEMENIEMIIIIEINE MIIMENE IIMM•IMINIINI EL "..• E� TUTTLE APPLEGATE INC. , Consultants for Land and Resource Development July 16 , 1990 Dr. Jeris A. Danielson State Engineer 1313 Sherman Street - Room 818 Denver, Colorado 80203 RE : Application for Temporary Substitute Water Supply Plan for Weld County Colorado, Geisert Pit, Permit No. M-78-210 Dear Dr. Danielson: The purpose of this letter is to request approval of a substitute water supply plan pursuant to Section 37-80-120 ( 2 ) C . R. S . on behalf of the Weld County Commissioners for their permitted Geisert Pit. A. INTRODUCTION The Geisert Pit is owned and operated by Weld County. The mine operation was permitted by a previous owner in 1978 and Weld County took over the mine in 1983. Presently Weld County is stopping all mining and further mining will not continue for approximately 20-25 years . The mine site is located north of Greeley and is bounded on the south by the Cache La Poudre River and it is bounded on the east by North 11th Avenue (See Figure No. 1 ) . Credit for consumptive use has been taken for the portion of the mining site parcel which is historically wetlands and lies within the boundaries of the proposed lake . In addition, credit is taken for lake areas which existed prior to 1981 . In areas where there is both prior existing lakes and historic wetlands , credit for historic consumptive use was not included. B. DEPLETIONS 1. Evaporation Lake evaporation was determined for the two existing lakes (See Figure No. 2 ) on the mine property. The lake on the south parcel has a surface area of 19 . 80 acres and the lake located on the north parcel has a surface area of 8. 29 acres. • C.. MIIMM TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Dr. Jeris A. Danielson State Engineer July 16 , 1990 Page 2 Prior to 1981 two ponds were present on the site which are now contained in the larger present day lakes . The surface area of the pre-1981 ponds, 3. 45 acres for the south parcel and 2 . 26 acres for the north parcel , were subtracted from the current lake areas (See Table No. 1 ) before evaporation was computed. The NOAA Technical Report NWS 33, 'Evaporation Atlas for the Contiguous 48 United States ' , published by the U. S Department of Commerce was used to determine the amount of evaporation. The following values were found for the Geisert Gravel Pit location: NWS Class A Pan Evaporation 45 . 00 inches/year NWS Class A Pan Coefficient 0 . 72 Gross Lake Evaporation 32 . 40 inches/year These values are for the period of May-October. The annual gross evaporation was then estimated by comparing this data with the data from a NWS station which measures annual pan evaporation. The nearest station, Cherry Creek Reservoir, has a 17 year record indicating that 80% of the annual evaporation occurs during the months of May-October. Using this ratio it is estimated the annual amount of evaporation at the mine site is 40. 5 inches/year. The monthly evaporation was then calculated by using the monthly percentages as suggested by the Office of the State Engineer in their criteria for these reports (See Table No . 1 ) . The precipitation at the site was found by using data from the publication, 'Climatography of the United States No . 81 ' . The precipitation at the mine site is estimated to be the same as that found at the nearest weather station which is located in Windsor. The annual mean precipitation is 12 . 13 inches/year. The breakdown of monthly averages is found in Table No . 1 . Effective precipitation was determined in order to compute the net lake evaporation (See Table No. 1 ) . Effective precipitation was computed as 70% of the total precipitation for the months April-October. A value of 85% was used for the winter months of November-March. This 85% figure differs from the value suggested by the State Engineer of 70% . Infiltration increases during the cooler months of the year due to a lack of high intensity storms. In addition, the first 0. 5 inches of precipitation during the winter months should be considered fully as effective precipitation. W= EEN Ilk TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Dr. Jeris A. Danielson State Engineer July 16 , 1990 Page 3 2. Operational Losses No operational losses were considered in this report because no more mining will be done on the site for 20-25 years . 3. Credit for Historic Consumptive Use Credit was taken for the 16 . 09 acres of historic wetlands which overlay the proposed lake site (See Figure No . 2 ) . The location of the historic wetlands were found by reviewing the USDA Soil Conservation Service soils study of the subject area. Two soil types are found at the mine site , 1 ) Bankard sandy loam; and 2 ) Aquolls and Aquents, gravelly substratum. The later is the one of interest for this study and is outlined on Figure No . 2 . USDA Soil Conservation Service states that 'Aquolls and Aquents , gravelly substratum' is rated as "good" ( the highest possible rating) for potential for wetlands plants . The study also states that the limiting factor affecting the use of the soil is severe wetness. The above environmental characteristics of the portion of the mine site identified as having the soil type 'Aquolls and Aquents , gravelly substratum' , indicates that it historically has been a wetlands. Wetlands consumptive use for the mine site was determined to be 30 . 5 inches/year. The monthly breakdowns of this annual total is found in Table No. 1 . A value of 27 . 4 inches/year has been established by court decrees for Larimer County ( See Case No. W- 7813-74 ) . This value was then adjusted proportionally by the ratio of the corresponding evaporation rates for front range Larimer County and southern Weld County. In the same manner that lake evaporation was modified due to effective precipitation, the net historic consumptive use was computed by subtracting the effective precipitation from the gross consumptive use. IIMMINNINI Mk IMMO ONIM MM.IIIINIIMI VIIIIMEMMI III TUTTLE APPLEGATE INC. Consultants for Land and Resource Development Dr. Jeris A. Danielson State Engineer July 16 , 1990 Page 4 C. REPLACEMENT 1. Method of Replacement The mine site lies in the Cache La Poudre River valley and is approximately 7 . 3 miles upstream of the South Platte River confluence . This stretch of the Cache La Poudre River is a gaining reach and delivery of the replacement water to the South Platte River at the confluence will not injure any water rights along the Cache La Poudre downstream of the mine. Two sources of water that are owned by Weld County which will deliver water to the South Platte will be used to replace stream water. During the irrigation months, water from the Lupton Bottoms Ditch (See Exhibit A) will be used to compensate for depletion losses at the mine site . The necessary water will not be diverted by the ditch and will be left in the South Platte River. The amount of water to be delivered is increased by a factor of 1 . 11 (based on 37 stream miles ) to account for loses acquired between the Lupton Bottoms Ditch and the Cache La Poudre - South Platte River confluence . During the winter months water will be supplied to the South Platte from Lake Loveland (See Exhibit A) . The amount of water to be delivered to the stream system is increased by a factor of 1 . 12 (based on 41 stream miles ) to account for carriage losses between Loveland Lake and the Cache La Poudre - South Platte River confluence . The timing and the quantity of replacements are listed on Table No. 2 . D. CONCLUSIONS AND RECOMMENDATIONS 1 . The net evaporative losses from the proposed lake of the Geisert Pit is 27 . 20 acre-feet. AIMINEEMEINIn a ==MMIIIM =Mk TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development Dr. Jeris A. Danielson State Engineer July 16 , 1990 Page 5 2 . Related consumptive uses for the mining activities are 0 . 0 due to the temporary completion of mining. 3 . Credit has been taken for ponds that existed prior to 1981 and for areas that are characteristically wetlands . 4 . Two sources are used for replacement water. Lupton Bottoms Ditch water will be used during the irrigation months and Lake Loveland water will be used during the winter months . 5 . Replacement water will be delivered to the South Platte River and corresponding carriage losses have been taken into account. 6 . This plan is requested for one year with the option for renewal . 7 . An annual report will be filed with the State Engineer. This completes our application for a temporary water supply plan. If you have any questions or concerns , please do not hesitate to contact me . Cordially, TUTTLE APPLEGATE, INC . Mike Applegate, P . E . MA/cr Encs . cc : File #90-155 J • , * -a'-a'-w-DO C. 7 c-.-a pct c.2 av•O G DO oc 2(D as(D 1-...2 t-'.a 7 O m cD .. .D r-'..-, .•I < P-. 0•o to••o O= au = ac x'-9 c•C(D r'P*.(D O °' Da H En a CD n CO-o cr CD CO Pc CO 0 to 0 Da•• ,• min I C. C w CO A a: So-•-•CO r.-0 •-. ••* P.CO tD I--• 70�-. DO 'e C~ CO ac.••••--• C-•w w 7 n L7 CD IV a 1' rC(D co CO •D .- 7 .+.-..rD < n w R P•v •-'I CD C-. 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C • DO 00 N m m lal C7 .O m.0 m m m m Co r A C-4 J m m (al CO m CO CD m CO C O Ca.--•m VP a•' H 2 Na Ca Co m a 2 '0 •--•CO r Na Na m...Wm H C 7 7 Na A ON 1.0.J.O,--I P••co m r• C. C9 NN ..C.A N O,W CO 00. M b . . 1. EXHIBIT A LIST OF WATER OWNED BY WELD COUNTY AVAILABLE FOR AUGMENTATION PURPOSES 1 . One share of Lupton Bottom Ditch 100 acre feet Company, purchased from Donald A. consumptive use and Jacque Forchette , with 53 acre available . dry up covenant. Certificate Number 317 . 2 . One share of Lupton Bottom Ditch 76 acre feet Company, purchased from Pioneer consumptive use Land and Cattle Company, with 40 available . acre dry up covenant. 3 . 86 shares of Lupton Meadows Ditch Estimated at 87 acre Company, appurtenant to the Koenig feet consumptive use Gravel operation. available . 4 . One quarter share of Lake Loveland Estimated at 5 . 5 water. Purchased from Joyce C . acre feet consump- Herman and Alice Elizabeth Sneeden. tive use available . 5 . One share of the Rural Ditch Estimated at 50 feet Company consumptive use available . 6 . Thirty shares of Fulton Ditch, Estimated at 49 acre with 25 acre dry up. feet consumptive use available . v,=__ s : : : t, . _ E -_ WEE. FO 1_•_-_7_P-• __ r 2 ,.. 1T t- _ r V.at ErE (a'=--t) 0. 00 ,s'‘ •.. •. i ********************* .-*******#-F• _0- E Gt_trfc,_8 Ac,—eEt_•E * aC'BS al-Ac ._ :.e f=•f -_mot': _r _r E'oits 'f a: es --**i*****3-*-8 #=#*****3 ;-4 4-<-*f.3t **4- I-1— WEE , WEB';•'. r: 1=", Ya E- F7R . Er:c= ._=i'E EVc';1CrE.= _i., , t. ) : Net L a!-'E E N,e,Q o!a'- _ ='r (f t ) L•Y"EC:. .. 'rC ,.^lE`1_'^lc Cons. LcE I • Ir1:sTJR:: PLN.)1i:• \ (2.c-f: ) �Af� REPLACE.ENT Ah;3_UNT (ac-ft : STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources wov coZqa 1313 Sherman St.,Room 215 Denver,CO 80203 + y Phone:(303)866-3567 *1876 FAX (303)832-8106 Roy Romer Governor Michael B Long Division Director Notice of 112 Regular Reclamation Permit Amendment Application Consideration DATE: December 1 , 1993 TO: Weld County Planning Department 915 10th St GreeCl eyy,, CO 80632 FROM: Carl B.' ou t, Senior Environmental Protection Specialist RE: Weld County, Geisert Pit, Permit No. M-78-210 Please be advised that Weld County, whose address and telephone number are P 0 Box 758, Greeley, CO 80632; (303) 356-4000, has filed an amendment application to the Geisert Pit, Permit No. M-78-210, which is located at or near Section 31 , Township 6N, Range 65W, 6th Prime Meridian, in Weld County. The amendment application decision is scheduled for February 28, 1994. Copies of the application are available for review at the Weld County Clerk to the Board of County Commissioners office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203. All comments or objections must be submitted in writing and received by the Division no later than 20 days after the date of last publication in order to be considered in the application review process. iPECg_TA DEC 061993 weld county Plonk* 910183 • • { e 3v •'• 2f • M IS ]/ 1111 Z6 • • 2S 30 • 2y • r or 2• • A'3• 1 ` • o a > • ro 2 7 •a • o • 00 0 • • M o • ° o) o • I ti a • - --r+• a r • D • 1• •o ; • • o • V 1 ■ 1 ■ o 4; • a0a • o " G.4EdTs • •• � N'�STERM ■ 15, a • a o • fit,, o■ a ■ • • r r a 0 • • a T. ao 1 u va • o T fr —. r— � . - .1 • x TUQERS RAILWAY • -�' �D I a x:x �p MURRICrf� _; C .GATES ' T � - • 32 � 072 34 3S 1 36 II 31 �a 32 • • Toi ■• r1i~� • ]�..11 o• _ �4�IIS Se a . • • •• -- 1 • . • isa o I33 0 34 :4111 w ) se 11 sap on •■ . ■ a •a !Pr Ot11edt ■•■ ■ • a• ■OO •• aO O■• LO.�I 1lpA ON ' ■ • r° r » p oo• • ■ y ro ■O air o■ IOa , • a a ill1 • • • • 1. 6 a 1 4 2 I . 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Cau I, �' 441: • '47 (I i v, r � ' r r a" 466 �is--s-Li: � #, t, ,_ IM '' ' �.1 • I i 1 i -11 ' lee ! •- • NCANN:4564 i 4;4 - ; ,.. 1 f� p \\�_ I N f �•' i _ ■ It- I: 1` O t • 1 to �� DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 `` WELD COUNTY ADMINISTRATIVE OFFICES ._L.' 1400 N. 17TH AVENUE ® GREELEY, COLORADO 80631 • COLORADO DATE: December 13, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: 2nd Amended SUP-369 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, January 4, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Weld County Board of County Commissioners FOR: A Site Specific Development Plan and 2nd Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to N. 11th Avenue and north of the Cache La Poudre River; approximately 1/2 mile south of Weld County Road 64. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 940183 (if.\ ., ‘e::, DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.354O 'ilg lip WELD COUNTY ADMINISTRATIVE OFFICES ® 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING Ili The Weld County Planning Commission will hold a public hearing on Tuesday, January 18, 1994, at 1:3O p.m. for the purpose of considering a Site Specific Development Plan and a 2nd Amended Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Weld County Board of County Commissioners LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Offices and a gravel pit in the A (Agricultural) zone district. LOCATION: Adjacent to N. 11th Avenue and north of the Cache La Poudre River; approximately 1/2 miles south of Weld County Road 64. SIZE: 87.5 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 14OO N. 17th Avenue, Greeley, Colorado 8O631, before the above date or presented at the public hearing on January 18, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 14OO N. 17th Avenue, Greeley, Colorado 8O631 - Phone - 353-3845, Extension 354O. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor B acon To be published on (1) time ec er 16, 1993. r Received by: Date: l' 94,0183 CERTIFICATE OF MAILING I hereby certify that I have • placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number 2nd Amended SUP-369 for Weld County Board of County Commissioners in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 15th day of December, 1993. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Weld County Board of County Commissioners 2nd Amended SUP-369 City of Greeley 1000 10th Street Greeley, CO 80631 Alma Banghart D&D Auto Salvage & Radiator Service 615 N. 11th Avenue Greeley, CO 80631 Bucklen Equipment Company 531 N. 21st Avenue Greeley, CO 80631 R.M. Hiner 2220 "0" Street Greeley, CO 80631 John Ells, Jr. 722 N. 11th Avenue Greeley, CO 80631 4 STATE OF COLORADO OFFICE OF THE STATE ENGINEER oe CO,O Division of Water Resources �w Department of Natural Resources 1313 Sherman Street,Room 818 *1876* Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor Ken Salazar April 16, 1990 Executive Director (Amended August 23, 1993) Hal D.Simpson State Engineer GENERAL CRITERIA FOR SUBSTITUTE WATER SUPPLY AND AUGMENTATION PLANS FOR SAND AND GRAVEL PITS SUBMITTED TO THE STATE ENGINEER PURSUANT TO SB 120 (1989) 1. A narrative description shall be submitted of the water resource aspects of the proposed or existing gravel pit operation and proposed plan for replacing out-of-priority depletions. 2. An accurate map of the area should be provided showing the water resource aspects of the operation, including the existing or proposed gravel pit lake(s), the stream, surrounding wells, nearby ditches, location of dewatering pumps, and points of discharge for the washing and dewatering operations. 3. The net lake evaporation should be determined on a monthly basis taking into consideration gross evaporation and effective precipitation. The monthly figure shall be reduced to a weekly depletion estimate on a pro rata basis. 4. Gross evaporation shall be calculated based upon evaporation from shallow lakes (NOAA Technical Report NWS 33) or more site specific pan evaporation information. The pan evaporation estimate shall not be acceptable if it differs by more than 20% from the NOAA estimate. The net monthly evaporation shall be calculated as gross evaporation minus 70% of precipitation unless phreatophyte credits are being claimed. Monthly evaporation shall be estimated based on the following percentages of total evaporation unless information shows these percentages to be incorrect at a specified location: January-2.9, February-3.2, March - 4.5, April - 6.7, May - 9.0, June - 13.4, July - 15.9, August- 15.2, September- 12.1, October - 8.3, November- 5.4, December- 3.4. Evaporation shall be assumed to occur each month of the year unless it can be documented that lake ice cover occurs annually. 5. Phreatopohyte growth or native vegetation consumptive use will not be credited unless it can be documented that such historic use occurred and shall be only for the area under the lake water surface. Documentation of phreatophyte growth must be based on aerial photographs depicting the growth. Consumptive use analysis of this growth shall be based upon published engineering studies acceptable to our office and engineering analysis of site specific information for the type of growth, ground water depth, and soil information. 6. Other water removal from the pit must also be determined. This removal may include dust control, water carried off with the product, washing, and reclamation irrigation. From previous experience, 4% of the product removed by weight is water. All water diverted from the pit shall it ts* be measured. All diversions, including water for dust control and irrigation for vegetation establishment,shall be considered 100%consumptive unless it can be documented otherwise. 7. The timing of depletions must also be determined. It will not be assumed that depletions occur instantaneously unless the pit is located directly adjacent to the river, and site specific geologic and hydrologic information warrant this assumption. Generally, timing of depletions may be calculated using the SDF, Glover method, or modeling. Special procedures may be necessary to analyze depletions and injury on intermittent streams. 8. The effects of stream depletion upon the stream system in which the exposed surface area is situated should be evaluated. Sufficient replacement water shall be made available to replace all out-of-priority depletions which may occur during a dry year. Replacement must be available either directly or by exchange in the proper quantity, quality, place and time to assure that existing water rights are not injured. 9. Once the weekly amounts of replacement water required are determined, the framework for a plan can be developed. Most plans for replacement utilize three primary sources of water to compensate the stream for depletions resulting from evaporation and mining losses. These sources are direct flow water rights, reservoir storage or foreign water such as nontributary or transbasin water. The applicant must document ownership or control of the water to be used for replacement. 10. The most common plan is to cease use of all or a portion of a surface water right, drying up of the land historically irrigated by the right, and requesting credit for the reduction in historic consumptive use. This will require that the quantity of water historically delivered to the land to be dried up instead be turned back to the river after initial diversion. This source of replacement water will only be available to replace irrigation season depletions unless this water is stored. The land to be dried up must be monumented to the satisfaction of the local Water Commissioner. Maintenance of return flows from dry-up irrigation may also be necessary to prevent injury to other water rights. The timing of return flows usually can be calculated using the Glover or SDF method. --Analysis of historic consumptive use shall be based upon the Modified Blaney Criddle method or determination of previous court decrees for the subject water right if applicable. The historic use analysis should be for a minimum of 30 years. If the water right has not been used recently, this lack of use shall be included in averaging historic use. Documentation of historic irrigation may be based on either aerial photographs or sworn affidavits and verifying water commissioner diversion records. 11. It is possible to develop a plan using reservoir water released to the stream at the proper time and in the proper amount. An analysis of the consumptive use yield of the reservoir should be performed similar to that performed for a direct flow water right. Dry-up of irrigated acreages served by the reservoir will be required if this was the historic use of the reservoir. Releases may be aggregated on a monthly basis at the Division Engineer's discretion for maximum benefit of the stream system. E d, a 12. Nontributary or transbasin water can be used for replacement purposes. Operators may also contract for return flow credits from nontributary or transbasin water if the water is still under the dominion and control of the original owner of the water. Lawn irrigation return flow credits will not be acceptable unless established by the Water Court. It should also be pointed out that return flows from the Colorado-Big Thompson Project water cannot be used in this manner. 13. Another possibility for replacing evaporation losses would be based upon artificial ground water recharge. It may be possible to introduce water into recharge sites located at desirable distances from the stream using the sources discussed previously or water diverted when there is a free river. This water introduced into the recharge site would migrate back to the stream over time. The rate of movement is a function of the transmissivity and specific yield of the alluvial material. With ideally located recharge sites, water introduced during the winter and early spring would reach the stream during the summer months and would be creditable against stream depletions. Use of these plans must be specifically approved by our office unless the site has previously been approved by the Water Court. 14. Transportation loss charges,if applicable,will be assigned for any replacement source of water. 15. A plan will not be approved unless the applicant has also applied for a well permit for the subject pit. The plan shall always be conditional on the issuance of a well permit. If another well is located within 600 feet of the perimeter of any proposed new lake, either consent of the well owner(s) or a hearing will be required prior to the issuance of the permit. 16. Adequate flow measuring devices and measurements shall be required to implement the plan. These may include, but shall not be limited to, the measurement of all diversions from the pit (excluding evaporation),measurement of the quantity of water released from reservoirs or other sources of replacement water, and the diversion and turn back of ditch diversions. 17. The Division Engineer will require weekly accounting and reporting of depletions and replacement or at such other frequency necessary to protect other water users. A table shall be provided showing weekly estimates of the following items: pit size, gross pit evaporation, phreatophyte consumptive use credit, net pit evaporation, water carried away with the mined sand and gravel, diversions from the pit for dust control,etc.,total depletion impacting the river, reservoir or replacement source releases, flow available for credit at the surface water right headgate, historic consumptive use credit estimate, and transportation loss charges. All items in this list may not be applicable to every proposal. Likewise, certain proposals may require additional accounting. 18. The statutory fee for a new substitute supply plan request or approval for a plan for augmentation is $1,343.00 regardless of the number of acres exposed. The fee for a well permit application is$60. These fees must be submitted at the time of application and are not refundable. ro NO. ` STATE OF COLO ) Ir Office Use only Gws-Z7 OFFICE OF THE iitiE ENGINEER 8/89 823 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303) 866-3581 SEE INSTRUCTIONS ON REVERSE SIDE GRAVEL PIT WELL PERMIT APPLICATION 1. TYPE OF PERMIT NEW PIT(S) PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980 El REACTIVATION OF PRE JAN. 1, 1981 PIT(S) 2. OWNER NAME(S) Mailing Address City, St. Zip Phone ( ) 3. ADDRESS OF LOCAL CONTACT (If different than #2) NAME(S) PIT NAME Mailing Address City, St. Zip Phone ( ) 4. GENERAL LOCATION OF PIT(S): COUNTY 1/4 1/4, Sec. Twp. El N. ❑S., Range ❑E. ❑W. P.M. i 5. Total number of water surface acres (to be) exposed . Total Number of Pits 6. Estimated depth of pit Estimated depth to groundwater 7. (a) Estimated date to begin excavation , to complete excavation a 8. ATTACHMENTS: (Check which have been attached.) (a) ❑ Scaled map of pit area tied to a Section or 1/4 Corner (Required). (b) ❑Copy of the reclamation permit if applicable. (c) ❑Copy of Pre 1/15/89 Water Conservancy Dist. or Water User Assoc. Augmentation Agreement if applicable. (d) ❑ Copy of proposed Augmentation or Temporary Supply Plan if applicable. (e) ❑Copy of Court approved Augmentation Plan if applicable. (f) ❑Other 9. Detailed description of the use and method of diversion of any water withdrawn from the pond. 10. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) ignature ate For Office Use only Court Case No. Div. Co. WD Basin MD Use INSTRUCTIONS FO] OMPLETION OF GRAVEL PIT WELL • 'PLICATION FORM The Application must be typewritten or printed in BLACK INK. Initial and date any changes you make on the form. INCOMPLETE FORMS ARE NOT ACCEPTABLE AND WILL BE RETURNED. ATTACH ADDITIONAL SHEETS IF MORE SPACE IS NEEDED. FILING FEES: $60 FOR EACH WELL PERMIT APPLIED FOR. ONE WELL PERMIT IS REQUIRED FOR EACH"MLRD"PERMIT AREA. IN ADDITION, THE FOLLOWING FEES ARE REQUIRED TO EVALUATE THE SUBSTITUTE SUPPLY PLAN OR AUGMENTATION PLAN: $ 210 FOR PIT(S) TOTALING LESS THAN 10 ACRES OF SURFACE AREA. $1050 FOR PIT(S) TOTALING MORE THAN 10 ACRES OF SURFACE AREA. If you have questions, contact the Denver or the Division Office where the pit is located. 1. Check the appropriate box for the classification of permit you are applying for. A permit is not required if the pit was constructed prior to December 31, 1980 and has not been reactivated. 2. Print the owner's name and include the mailing address and phone number. 3. If the address of the local contact is different than the mailing address of the owner, then that information should be included in this box. Indicate the name(s) of the gravel pit(s) 4. The location must include 1/4, 1/4, Section,Township,Range and Principal Meridian. Check the appropriate boxes for North or South and East or West directions. 5. Indicate the total number of acres of water exposed to the atmosphere and the total number of pits. 6. Indicate the proposed or actual total depth of the pit(s). 7. The proposed or actual dates of beginning and completion of excavation must be indicated. 8. The list of attachments to this application provides information which is necessary to the evaluation. A scaled map of the pit area tied to a Section of 1/4 corner is required. Some of the items may not apply to your particular instance. 9. If exposed water is to be used for any purpose other than evaporation,those uses must be detailed. The information required includes but is not limited to the amount of gravel mined, the use and method of diversion of water, the pumping rate in gpm and the average annual amount of water diverted for the purposes described. 10. The pit owner or his designee must sign the Statement. Print or type your name in the first block if it is different from Item No. 1. If signing as a representative of a company who owns the pit, then your title must also be included in the first block. Sign the second block and date the last block. DIVISION 1 DIVISION 2 DIVISION 3 DIVISION 4 209 ARIX BUILDING 219 W. 5TH RM. 223 422 4TH ST. 308 S. FIRST ST. 800 8TH AVE. PUEBLO, CO. 81003 ALAMOSA, CO 81101 MONTROSE, CO. 81402 GREELEY, CO 80631 (719) 542-3368 (719) 589-6683 (303) 249-6622 (303) 352-8712 DIVISION 5 DIVISION 6 DIVISION 7 DENVER OFFICE 1429 GRAND AVENUE 320 LINCOLN AVE. STE. E 1474 MAIN ST. RM. 823 GLNWD SPGS. CO. 81601. STMBT SPGS., CO. 80477 DURANGO, CO. 81302 1313 SHERMAN ST. (303) 945-5665 (303) 879-0272 (303) 247-1845 DENVER, CO. 80203 (303) 866-3581 SENATE BILL NO. 120. BY SENATOR Norton; also REPRESENTATIVES Foster, Anderson, Masson, Mutzebaugh, and- Prinster. CONCERNING THE REQUIREMENT FOR THE AUGMENTATION OF WATER IN CONNECTION WITH THE EXTRACTION OF SAND AND GRAVEL BY OPEN MINING, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH. Be it enacted jay. the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. It is the intent of the general assembly that nothing in this act shall in any way jeopardize the ability of the state of Colorado to meet its full obligation under any interstate compact or court decree or diminish the quantities of water rightfully belonging to . anydownstream appropriator within the state of Colorado or any downstream state. - SECTION 2. 37-90-137, Colorado Revised Statutes, as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 37-90-137. Permits to construct wells outside designated basins - fees - permit no ground water right - evidence - time limitation - well permits. (11) (a) (I) No person shall, in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., expose ground water to the atmosphere unless said person has obtained a well • permit from the state engineer pursuant to this section. A well permit shall be issued upon approval by the - water court of a plan for augmentation or upon approval by the-- _ state engineer of a plan of substitute supply; except that no --- increased replacement of water shall be required by the water - court or the state engineer whenever the operator or owner of land being mined has, prior to January 15, 1989, entered into - Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. (r.;) and continually thereafter complied with a written agreement with a water conservancy district or water users' association t . to replace or augment the depletions in connection with or resulting from open mining of sand and gravel. (II) Any person who extracted sand and gravel by open mining and exposed ground water to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall apply for approval of a plan for augmentation or a plan of substitute supply prior to July 15, 1990. (b) If any ground water was exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., prior to January 1, 1981, no such well permit, plan for augmentation, or plan of substitute supply shall be required to replace depletions from evaporation; except that the burden of proving that such ground water was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception. Notwithstanding the provisions of this paragraph (b), judgments and decrees entered prior to July 1, 1989, approving plans for augmentation, which plans include the ^_- - _._ : . replacement a af�=.depletions. .€row -such-==evaporation, -shall�_j[�_' given full effect and shall be enforced according to their terms. .- . (c) Any person who has reactivated or reactivates open mining operations which exposed groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a plan -- for augmentation or a plan of substitute supply pursuant to paragraph (a) of this subsection -(11). - (d) No person' who obtains - or operates a plan -for _ augmentation or plan of " substitute supply prior to July 1,"f. 1989, shall be required to make replacement for the depletions,_- = 'M `-- --.:from evaporation:exempted-=in=this;=subsection-(11)=or-othernrtse r-= ";=- replace"water for •increased calls which may result therefrom. (e) In addition to the well permit filing fee required - - by subsection (2) of this section, the state engineer shall= • . collect-the-following fees: -. - - -- (I) For persons who exposed - groundwater to the -- atmosphere on or after January 1, 1981, but prior to July 15, 1989, two hundred ten dollars if such plan includes ten acres-- or less of exposed groundwater surface area or one thousand • fifty dollars if such plan includes more than ten acres of exposed groundwater surface area; except that, if such plan is -_ filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (11), the filing fee shall PAGE 2-SENATE BILL NO. 120 - ti J be seventy dollars if such plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed groundwater surface area; (II) For persons who expose , grounawater to the atmosphere on or after July 15, 1989, seventy dollars if the plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if the plan includes more than ten acres of exposed groundwater surface area; (III) For persons who reactivated or who reactivates mining operations which ceased activity prior to January 1, 1981, seventy dollars if the plan includes ten acres or less of - exposed groundwater surface area or three hundred fifty dollars if the plan includes more than ten acres of exposed groundwater surface area. (f) Excluding the well permit filing fee required by subsection (2) of this section, all fees collected with a plan for augmentation or a plan of substitute supply shall be credited to the gravel pit lakes augmentation fund, which fund is hereby created, and shall be used by the state engineer for the implementation and enforcement of the water augmentation program. The general assembly shall make annual . appropriations from the gravel pit lakes augmentation fund for _ - - • such purposes, and no moneys from the general fund shall be expended or appropriated for such purposes. (g) A person who has obtained a reclamation permit • pursuant to section 34-32-112, C.R.S., shall be allowed to apply for a single well permit and to submit a single plan for augmentation or a single plan of substitute supply for the - entire acreage covered by the reclamation plan without regard • to the number of gravel pit lakes placed within such acreage. SECTION 3. 37-90-107, Colorado Revised Statutes, . as • amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read: - 37-90-107. Application for use of - ground water - �`" publication of notice - conditional permit - hearing on - objections - well permits. (6) (a) (I) No person shall, in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., expose designated ground water to the atmosphere unless said person " has obtained a well permit from the ground water commission. If an application for such a well permit cannot otherwise be --. • granted pursuant to this section, a well permit shall be issued upon approval by the ground water commission of a replacement plan which meets the requirements of this article, pursuant to the guidelines or rules and regulations adopted by ' PAGE 3-SENATE BILL NO. 120 ' 12) the commission. _ (II) Any person who extracted sand and gravel by open minin§ and exposed iground water to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall submit a replacement plan prior to July 15, 1990. (b) If any designated ground water was exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9) , C.R.S., prior to January 1, 1981, no such well permit or replacement plan shall be required to replace depletions from evaporation; except that , the burden of proving that such designated ground water was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception. (c) Any person who has reactivated or reactivates open mining operations which exposed designated groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a plan for augmentation or a plan of substitute supply pursuant to paragraph (a) of this subsection (6). _ - (d) In addition to the well permit filing fee required - by section 37-90-116, the commission shall collect the • following fees: (I) For persons who exposed groundwater to the atmosphere on or after January 1, 1981, but prior to July 15, 1989, two hundred ten dollars if such plan includes ten acres or less of exposed groundwater surface area or one thousand fifty dollars if such plan includes more than ten acres of - _ _ - exposed groundwater surface area; except that, if such plan is filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (6), the filing fee shall _-__ be seventy dollars if such plan includes ten acres or less of= exposed groundwater surface area - or three hundred fifty.- -if such plan includes more than ten acres of exposed groundwater surface area; - - • • -(II) For persons who expose groundwater to the.- atmosphere on or after July 15, 1989, seventy dollars if the plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if the plan includes more • than ten acres of exposed groundwater surface area; (III) For persons who reactivated or who reactivate mining operations which ceased activity prior to January 1, . 1981, seventy dollars if the plan includes ten acres or less of exposed designated groundwater surface area or three PAGE 4-SENATE BILL NO. 120 hundred fifty dollars if the plan includes more than ten acres of exposed designated grounowater surface area. (e) Excluding the well permit filing fee required by section 37-90-116 (2) , all fees collected with a replacement plan shall be credited to the gravel pit lakes augmentation fund, which fund is created in section 37-90-137 (11) (f). (f) A person who has obtained a reclamation permit pursuant to section 34-32-112, C.R.S. , shall be allowed to apply for a single well permit and to submit a single replacement plan for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes located within such acreage. SECTION 4. 37-80-120, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 37-80-120. Upstream storage - substitute supply - historic natural depletion. (5) In determining the quantity of water required as a substitute supply to replace evaporation from ground water exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9) , C.R.S., there shall be no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, permanently replaced by an open water surface. The applicant shall bear the burden of proving the historic natural depletion. SECTION 5. 37-92-305, Colorado Revised Statutes, as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 37-92-305. Standards with respect to rulings of the referee and decisions of the water judge. (12) (a) In _ determining the quantity of water required in an augmentation plan to replace evaporation from ground water exposed to the - atmosphere in connection with the extraction of sand and . gravel by open mining as defined in section 34-32-103 (9), C.R.S., there shall be no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, permanently replaced by an open water surface. The applicant shall bear the burden of proving the historic natural depletion. (b) No person who obtains or operates a plan for augmentation or plan of substitute supply prior to July 1, 1989, shall be required to make replacement for the depletions PAGE 5-SENATE BILL'NO. 120 aL, d.. ...saw A•. w.sa.� f.. ...,._- - .A.a ,... ..,aw «c ..... ,. .rn �.... ,. - �.i ... +�a..—..___• r+ v.n rn*— ,.w.� - �'i•'r> le` - b 1 from evaporation exempted in this subsection (12) or otherwise • replace water for increased calls which may result therefrom. SECTION 6. 37-92-502 (2) , Colorado Revised Statutes, as amended, is amended to read: 37-92-502. Orders as to waste, diversions, distribution of water. (2) (a) Each division engineer shall order the total or partial discontinuance of any diversion in his division to the extent THAT the water being diverted is not necessary for application to a beneficial use; and he shall also order the total or partial discontinuance of any diversion in his division to the extent THAT the water being diverted is required by persons entitled to use water under water rights having senior priorities, but no such discontinuance shall be ordered unless the diversion is causing or will cause material injury to such water rights having senior priorities. In making his decision as to the discontinuance of a diversion to satisfy senior priorities, the division engineer shall be governed by the following: The materiality of injury depends on all factors which will determine in each case the amount of water such discontinuance will make available to such senior priorities at the time and place of their need. Such factors include the current and . prospective _volumes. of-water in-and- tributary--to the -strea≥ns.-?`" -- from which the diversion is being made; distance and type of stream bed between the diversion points; various velocities of this water, both surface and underground; the probable duration of the available flow; and the predictable return flow to the affected stream. Each diversion shall be evaluated and administered on the basis of the circumstances- relating to it and in accordance with provisions of this article and the court decrees adjudicating and confirming water rights. In the event THAT a discontinuance has been ordered pursuant to the ferege5ag PROVISIONS OF THIS PARAGRAPH _ (a), and nevertheless such DISCONTINUANCE does not cause water_. . to become available to such senior priorities at the time and _ - place of their need, then such discontinuance order shall - rescinded. If a well has been approved as an alternate means - . of diversion for a water right for which a surface means of diversion is decreed, such well and such surface means must be _ utilized to the extent feasible and permissible under this article to satisfy said water right before diversions under__T junior water rights are ordered discontinued. In addition to":_ ' any other methods of giving notice, the posting of a written - order, in plain sight, at the place of diversion shall be considered sufficient notice of the order of the division engineer; and, when so posted, such order shall be effective from the time of posting. (b) IF ANY GROUND WATER WAS EXPOSED TO THE ATMOSPHERE IN CONNECTION WITH THE EXTRACTION OF SAND AND GRAVEL BY OPEN PAGE 6-SENATE BILL NO. 120 T MINING AS DEFINED IN SECTION 34-32-103 (9), C.R.S. , PRIOR TO JANUARY 1, 1981, THE DIVISION ENGINEER SHALL NOT ORDER THE CURTAILMENT OF DIVERSIONS WHICH WERE ATTRIBUTABLE SOLELY TO EVAPORATION FROM SUCH EXPOSED GROUND WATER. SECTION 7. 34-32-116 (7) (g) , Colorado Revised Statutes, 1984 Repl . Vol . , as amended, is amended to read: 34-32-116. Duties of operators - reclamation plans. (7) (g) Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and ground water systems both during and after the mining operation and during reclamation shall be minimized. NOTHING IN THIS PARAGRAPH (g) SHALL BE CONSTRUED TO ALLOW THE OPERATOR TO AVOID COMPLIANCE WITH OTHER STATUTORY PROVISIONS GOVERNING WELL PERMITS AND AUGMENTATION REQUIREMENTS AND REPLACEMENT PLANS WHEN APPLICABLE. SECTION 8. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the gravel pit lakes augmentation fund not otherwise appropriated, to the department of natural resources for allocation to the state engineer, for the fiscal year beginning July 1, 1989, the sum of one hundred eighty-two thousand dollars ($182,000), or so much thereof as may be necessary, for the implementation and enforcement of the water augmentation program, which shall include the retaining of outside consultants to assist in the reviewing of proposed plans of substitute supply and to conduct field investigations for the purpose of overseeing compliance with such program. SECTION 9. Effective date. This act shall take effect July 15, 1989. SECTION 10. Safety clause. The general assembly hereby PAGE 7-SENATE BILL NO. 120 finds, determines, and declares that this act is necessary for . the immediate preservation of the public peace, health, and I safety. • 014°}ki./,'-f-eLee 4e-255;‘,-ArE- led L. Strickland Carl B. Bledsoe PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES Goan M. Albi 67:*C.412-- Lee C. ahrych SECRETARY OF CHIEF CLERK OF T HOUSE THE SENATE OF REPRESENTATIVES APPROVED -Became Law on June 10, 1989 at 12:01 a.m. Roy Romer GOVERNOR OF THE STATE OF COLORADO • • PAGE 8-SENATE BILL NO. 120 ti ii r I993 r. _ _ t S siY I' $ Jy bra ',ryhi��[/`"a, Aso,- a le. J `„y,y'.' _ _i • 2 - • _ 3�;{ .+' •} - e 7 S • '. i t - •7 -ii t`�S�(•• • SENATE BILL 93-260 BY SENATORS Ament, Norton, Bishop, and Cassidy; - also REPRESENTATIVES Foster, Eisenach, and George. ``' • CONCERNING REVIEW BY THE STATE ENGINEER OF PLANS FOR GRAVEL PIT SUBSTITUTE WATER SUPPLIES, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH. Be it enacted by the General Assembly of the State of Colorado: • SECTION 1. Legislative declaration. It is the intent of the general assembly that nothing in this act shall in any way jeopardize the ability of the state of Colorado to meet its full obligation under any interstate compact or court decree or _ diminish the quantities of water rightfully belonging to any - . downstream appropriator within the state of Colorado or any downstream state. SECTION 2. -37-90-107 (6) (c) and (6) (d) , Colorado Revised . Statutes, 1990 Repl . Vol . , are amended to read: 37-90-107. Application for use of ground water - publication of notice - conditional permit - hearing on objections - well permits. (6) (c) Any person who has reactivated or reactivates open mining operations which exposed designated ground water to the atmosphere but which ceased activity prior to January - 1, 1981, shall obtain a well permit and shall apply for approval of a REPLACEMENT plan for augmentation or a plan of substitute supply pursuant to paragraph (a) of this subsection (6) . (d) In addition to the well permit filing fee required by section . 37-90-116, the commission shall collect the following fees: • Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and . such material not part of act. I /- (I) For persons who exposed ground water to the atmosphere,. . - on or after January 1, 1981, 'but- prior to July 15, 1989•, two hundred ten dollars if _such plan includes ten acres or less of- I exposed ground water-surface area or one thousand fi fty'dol l ar",5--�-- i f such plan includes more than ten acres of exposed ground watep" '- - surfacc arca ONE THOUSAND THREE HUNDRED FORTY-THREE DOLLARS; - - except that; if such plan is filed ,prior to July 15,-1990, as 1 - required by subparagraph (II) of paragraph (a) of this subsection - - . (6), the filing fee shall be seventy dollars if such plan includes ten acres or less of exposed ground water surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed ground water surface area. . . (II) For persons who expose ground water to the atmosphere on or after July 15, 1989, severity dollars if the plan includes _ ten acres or less of exposed ground water surface area or three - • hundred fifty dollars if the plan includes more than ten acres- of exposed ground water surface arca ONE THOUSAND THREE HUNDRED. :,. FORTY-THREE DOLLARS REGARDLESS OF THE NUMBER OF ACRES EXPOSED. - • IN THE CASE OF NEW MINING OPERATIONS, SUCH FEE SHALL COVER TWO YEARS OF OPERATION OF THE PLAN. (III) For persons who reactivated or who reactivate mining •operations which ceased activity prior to January 1, 1981, seventy dollars if the plan includes ten acres or less of exposed designated ground water surface area or three hundred fifty dollars if the plan includes more than ten acres of exposed designated ground water surface area AND WHO ENLARGE THE SURFACE AREA OF ANY GRAVEL PIT LAKE BEYOND THE AREA IT COVERED BEFORE THE CESSATION OF ACTIVITY, ONE THOUSAND THREE HUNDRED FORTY-THREE DOLLARS. (IV) FOR PERSONS WHO REQUEST RENEWAL OF AN APPROVED SUBSTITUTE WATER SUPPLY PLAN PRIOR TO THE EXPIRATION DATE OF THE PLAN, TWO HUNDRED SEVENTEEN DOLLARS REGARDLESS OF THE NUMBER OF ACRES EXPOSED. (V) FOR PERSONS WHOSE APPROVED SUBSTITUTE WATER SUPPLY PLAN HAS EXPIRED AND WHO SUBMIT A SUBSEQUENT PLAN, ONE THOUSAND THREE HUNDRED FORTY-THREE DOLLARS REGARDLESS OF THE NUMBER OF ACRES EXPOSED. AN APPROVED PLAN SHALL BE CONSIDERED EXPIRED IF THE APPLICANT HAS NOT APPLIED FOR RENEWAL BEFORE THE EXPIRATION DATE OF THE PLAN. THE STATE ENGINEER SHALL NOTIFY THE APPLICANT IN WRITING IF THE PLAN IS CONSIDERED EXPIRED. (VI) FOR PERSONS WHOSE PROPOSED SUBSTITUTE WATER SUPPLY • PLAN WAS DISAPPROVED AND WHO SUBMIT A SUBSEQUENT PLAN, . ONE - THOUSAND THREE HUNDRED FORTY-THREE DOLLARS REGARDLESS OF THE NUMBER OF ACRES EXPOSED. THE STATE ENGINEER SHALL NOTIFY THE APPLICANT IN WRITING OF DISAPPROVAL OF A PLAN. SECTION 3. 37-90-137. (11) (e) and (11) (f) , Colorado - ' PAGE-2=SENATE BILL 93-260 ' • jl ry 7 I. \ •- Revised Statutes, 1990 Repl . Vol . , are amended to read: - - ' -' - ' 37-90-137. Permits to construct wells outside designated ` : ;• - basins — fees — permit no ground water right — evidence — time"' Y ` • - limitation — well permits. (11) (e) In addition to the well permit filing fee required by subsection (2) of this section;-the : - - state engineer shall collect the following fees: -(I) For For persons who exposed ground water to the atmosphere"�= - on or after January 1, 1981, but prior to July 15, 1989, 47;47" - • hundred ten dollars if such plan includes ten acres or less—d-g ' `_. - " exposed ground water surface area or one thousand fifty -do-l-Tars3' if such plan includes more than ten acres of exposed ground water- = surface arca ONE THOUSAND THREE HUNDRED FORTY-THREE DOLLARS; ' • except that, if such plan is filed prior to July 15, 1990, - required by subparagraph (II) of paragraph (a) of this subsection - (11), the filing fee shall be seventy dollars if such -plan • includes ten acres or less of exposed ground water surface area \Y or three hundred fifty dollars if such plan includes more than ten = acres of -exposed ground water surface area. y= (II) For persons who expose ground water to the atmosphere on or after July 15, 1989, seventy dollars if the plan includes • • ten acres or less of exposed ground water surface arca or three hundred fifty dollars if the p4 an includes more than ten acres of exposed ground water surface arca ONE THOUSAND THREE HUNDRED- - FORTY-THREE DOLLARS REGARDLESS OF THE NUMBER OF ACRES EXPOSED. IN THE CASE OF NEW MINING OPERATIONS, SUCH FEE SHALL COVER TWO • YEARS OF OPERATION OF THE PLAN. (III) For persons who reactivated or who reactivates REACTIVATE mining operations which ceased activity prior to January 1, 1981, seventy dollars if the plan includes ten acres or less of exposed ground water surface arca or three hundred fifty dollars if the pl-an includes more than ten acres of exposed ground water surface arca AND ENLARGE THE SURFACE AREA OF ANY GRAVEL PIT LAKE BEYOND THE AREA IT COVERED BEFORE THE CESSATION OF ACTIVITY, ONE THOUSAND THREE HUNDRED FORTY-THREE DOLLARS. (IV) FOR PERSONS WHO REQUEST RENEWAL OF AN APPROVED SUBSTITUTE WATER SUPPLY PLAN PRIOR TO THE EXPIRATION DATE OF THE PLAN, TWO HUNDRED SEVENTEEN DOLLARS REGARDLESS OF THE NUMBER OF ACRES EXPOSED. (V) FOR PERSONS WHOSE APPROVED SUBSTITUTE WATER SUPPLY PLAN HAS EXPIRED AND WHO SUBMIT A SUBSEQUENT PLAN, ONE THOUSAND THREE HUNDRED FORTY-THREE DOLLARS REGARDLESS OF THE NUMBER OF ACRES EXPOSED. AN APPROVED PLAN SHALL BE CONSIDERED EXPIRED IF THE . APPLICANT HAS NOT APPLIED FOR RENEWAL BEFORE THE EXPIRATION DATE OF THE PLAN. THE STATE ENGINEER SHALL NOTIFY THE APPLICANT IN WRITING IF THE PLAN IS CONSIDERED EXPIRED. . • PAGE 3-SENATE BILL 93-260 • - • j w Ott' • r (VI) FOR PERSONS WHOSE PROPOSED SUBSTITUTE WATER SUPPLY PLAN WAS DISAPPROVED AND WHO SUBMIT A SUBSEQUENT PLAN, ONE :-:,; THOUSAND THREE HUNDRED FORTY-THREE DOLLARS REGARDLESS OF THE NUMBER OF .ACRES EXPOSED. THE STATE ENGINEER SHALL NOTIFY:THE .-- APPLICANT_ IN WRITING OF DISAPPROVAL OF A PLAN_-•- ._ - _• (f) Excluding the well permit filing -fee =required ---6y-i6-1 subsection (2) of this section, all fees collected with, AM is • . APPLICATION FOR APPROVAL OF a• plan for augmentation or a plan of-9'--- - - substitute _supply shall be credited .to the gravel -pit lakes augmentation fund, which fund is hereby created, and shall be Used c by the state engineer for the implementation and enforcement of ? the water augmentation program. The general assembly shall make .. annual appropriations from the gravel pit lakes augmentation fund for such purposes, and no moneys from the general fund shall be :� _ expended or appropriated for such purposes. SECTION 4. Appropriation. (1) In addition to any other -; • appropriation, there is hereby appropriated, out of any moneys in - the gravel pit lakes augmentation cash fund not otherwise - . appropriated, to the water resources division, for the fiscal year beginning July 1, 1993, the sum of fifty-nine thousand seven hundred forty-two dollars ($59,742), or so much thereof as may be necessary, for the implementation of this act. (2) Implementation of this act during the fiscal year beginning July 1, 1994, will require an appropriation from the gravel pit lakes augmentation cash fund for said fiscal year in an amount estimated to be fifty-nine thousand seven hundred forty-two dollars ($59,742) . SECTION 5. Safety clause. The general assembly hereby • • PAGE 4-SENATE BILL 93-260 { f r. r �� j - - finds, determines;-and declares that this act is necessary for the . •immediate'preservation, of the,public peace, health, and. safety:-- • . - - - • 'tom Orton - : r -s erry PRESIDENT OF � SP ER 0 :'E HOUSE THE SENATE - . F REPRESENTATIVES an M. Albi Lee C. rych4-32 • ECRETARY OFti CHIEF CLERK OF T HOUSE THE SENATE OF REPRESENTATIVES • APPROVED / "93 • oy • GOV OR OF THE STATE OF COLORADO • • PAGE 5-SENATE BILL 93-260 • R INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Weld County Board of County Commissioners Case Number: Second Amended SUP-369 Submitted or Prepared Prior to Hearing At Hearing 1. Application 61 pages X 2. 1 Application plat 6 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check, X 11. Planning Commission Resolution dated January 18, 1994 X 12. Planning Commission member field check X 13. Army Corps of Engineers referral response dated December 30, 1993 X 14. Central Colorado Water Conservancy District referral response dated December 17, 1993 X 15. Weld County Health Department referral response dated December 29, 1993 X 16. Weld County Engineering Department referral response dated December 20, 1993 X 17. City of Greeley referral response December 16, 1993 X 18. Weld County Office of Emergency Management referral response dated December 15, 1993 X 19. Colorado Division of Minerals and Geology Notice of 112 Regular Reclamation Permit Amendment application dated December 1, 1993 X 20. List of return receipt letters to surrounding property owners and copy of notice published in the Windsor Beacon dated November 25, 1993 X 1 • INVENTORY OF ITEMS, Second AM-SUP-369 Weld County Board of County Commissioners Page 2 I hereby certify that the 20 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 January 21, 1994. / Gre hom on, C ent Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 19q T SEAL OTARY PUBLIC My Commission Expires f \1. eal I I"l' /�nn 75 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Weld County Board of County Commissioners Case Number: Second Amended SUP-369 Submitted or Prepared Prior to Hearing At Hearing 1. Application 61 pages X 2. 1 Application plat 6 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Planning Commission Resolution dated January 18, 1994 X 12. Planning Commission member field check X 13. Army Corps of Engineers referral response dated December 30, 1993 X 14. Central Colorado Water Conservancy District referral response dated December 17, 1993 X 15. Weld County Health Department referral response dated December 29, 1993 X 16. Weld County Engineering Department referral response dated December 20, 1993 X 17. City of Greeley referral response December 16, 1993 X 18. Weld County Office of Emergency Management referral response dated December 15, 1993 X 19. Colorado Division of Minerals and Geology Notice of 112 Regular Reclamation Permit Amendment application dated December 1, 1993 X 20. List of return receipt letters to surrounding property owners and copy of notice published in the Windsor Beacon dated November 25, 1993 X ��h;h/4 A 940183 INVENTORY OF ITEMS, ,,�cond AM-SUP-369 Weld County Board of County Commissioners Page 2 I hereby certify that the 20 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 January 21, 1994. Gre om on, C ent Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS L day of 19614 SEAL OTARY PUBLIC My Commission Expires(\ V i k a j j Q C3 5, 940183 '',v/o/9,7,v/o/9,7UIBIT INVENTORY CONTROL SHEET - case jUr'349, vuL,V4 C)- 2u) 6, - Exhibit Submitted By Exhibit Description A. ,.77/%//7 J a /, 62-/ary B. ,/d/7/?//y L rnis.�f:ern ke-sa2 e=n morn,7e C. ,6-72/2/71496-M121/55-/;72 SG1rh, aily o7L' , r/rz9 D. &e.,rk 7 Qrd � C D e.(7771 %2°/'6 (q/';$) /4,c ��sa �e"l�vP�36 / E E. 6//6 19)9i r) c5t � Pt 7H- � F. ipa.7)r ki /_) dett,cL X2-9/9`f Cam//'?GG7L , 6 G. &in n l n Sl..en o/ ee ca77'J 0-7 1/5/ //9/4 772-ern o /c ? d - 41q I• �?�-r�2�riq � � ea.rr6//, Geien;Q. danuLe J. ekifuriktia, 6 ri,a_ (a-billq,79 K. L. M. N. 0. P. Q. R. S. T. U. 1 V. W. X. Y. Z. 940183 d - BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning commission that the application for: CASE NUMBER: 2nd Amended SUP-369 APPLICANT: Weld County Board of County Commissioners ADDRESS: 915 10th Street, Greeley, Colorado 80631 _, r REQUEST: A Site Specific Development Plan and 2nd Amended Special USe Permit for: offices and a gravel pit in the A (Agricultural) zone district. --! LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N,, 65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to North 11th Avenue and north of the Cache La Poudre River, approximately 1/2 mile south of Weld County Road 64. 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 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: Reasonable efforts have been made to avoid irrigated cropland. The subject site is currently used as offices and a gravel mine. The gravel pit will not have an undue adverse effect on existing and future development of the surrounding area as set forth in the Weld County Comprehensive Plan. In addition, the City of Greeley found no conflicts with its interests. The design of the proposed facility and attached development standards mitigate negative impacts on the surrounding area to the greatest extent feasible. The site will be maintained in such a manner as to control soil erosion, dust, and the growth of noxious weeds. The applicant has agreed to implement any reasonable measures to protect the health, safety, and welfare of the inhabitants of Weld County and to mitigate any potential adverse impacts from the proposed land use. All reasonable alternatives to the proposal have been adequately assessed. The proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. 940183 RESOLUTION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 2 The gravel mine and offices will meet Colorado Department of Health and Weld County air quality standards. Special Review permit development standards address these concerns. Adequate utilities currently serve the site. - The gravel mine and offices will not unreasonably interfere with any known significant wildlife habitat, unique natural resource, historic landmark, or archaeological site within the affected area. The property lies within the A-P (Airport) Overlay District, and portions of the property lie within the Flood Hazard Overlay District. The structures presently located on-site appear to be in compliance with Overlay District requirements. However, any new structures which may be built on the site would need to conform to requirements of both Overlay Districts which affect the site. Special Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 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. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 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. The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the development standards. 940183 RESOLUTION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 3 4. Prior to recording the plat, the noncommercial junkyard consisting of appliances, tires, and miscellaneous second-hand building materials located in the northwest corner of the parking area shall come into compliance with the Weld County Zoning Ordinance. 5. Within 30 days of approval, evidence shall be submitted to the Department of Planning Services office that: a. The existing Emission Permit shall be modified if the Air Pollution Control Division of the Colorado Department of Health determines such a modification is necessary. b. The existing National Pollution Discharge Elimination System permit shall be amended if the Colorado Department of Health determines that such a modification represents a significant change in the discharge. c. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department before the required Individual Sewage Disposal System Evaluation can be performed. d. Any existing septic systems which are not currently permitted through the Weld County Health Department shall have an Individual Sewage Disposal System Evaluation prior to the issuance of the required septic permit. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Richard Kimmel Bill O'Hare Juliette Kroekel Marie Koolstra Ron Sommer Tom Rulon Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on January 18, 1994. ed the 18th of January, 1994. Sharyn F I 'u Secretary 940183 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Board of County Commissioners 2nd Amended SUP-369 1. The Site Specific Development Plan and Special Review permit is for offices and a gravel pit in the A (Agricultural) zone district 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 Section 90 of the Weld County Zoning Ordinance. 3. The gravel operation shall comply with Section 44.4, Operation Policies of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoning Ordinance. 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. No permanent disposal of wastes shall be permitted at this site. 6. 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 shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided for the public. 10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 11. This facility shall utilize the existing public water supply. 12. If the amount of exposed water surface exceeds 22.38 acres, the applicant shall notify the Central Colorado Water Conservancy District. 13. An emission permit (fugitive dust) shall be obtained from the Air Pollution Control Division of the Colorado Department of Health for dust emissions (mining activities, road construction, and parking lot area) . 14. A separate emission permit shall be obtained for the portable rock crusher. 15. A National Pollutant Discharge Elimination System permit shall be obtained from the Water Quality Control Division, Colorado Department of Health for discharge of water into the Cache La Poudre River. 940183 DEVELOPMENT STANDARDS, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 2 16. No diking or berming shall be allowed on the Use by Special Review area which would cause damage to upstream or downstream properties by altering the historic drainage pattern. 17. No stockpile of topsoil, overburden spoils or sand and gravel shall be permitted within the 100 year floodplain limit. 18. An agreement with the owners of the property shown as "Greeley Saddle Club" addressing the necessity, type, and amount of protection needed between the properties to separate and protect each owner's interests, shall be reached prior to mining the area adjacent to the Greeley Saddle Club property. A copy of the agreement shall be submitted to the Department of Planning Services. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. 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. 23. 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 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 24. 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. 940183 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING January 18, 1994 Page 7 The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes; Juliette Kroekel - yes; Ron Sommer - yes; Marie Koolstra - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion passed unanimously. CASE NUMBER: USR-1038 APPLICANT: Snyder Oil Corp. , c/o Swanson and Morris REQUEST: A Site Specific Development Plan and a Special Review permit for an industrial use in the A (Agricultural) zone district for a natural gas processing facility. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest of the intersection of Weld County Road 34 and Weld County Road 29. Doug Swanson, representative, Snyder Oil Corporation, explained the site will consist of 20 acres and be surrounded by a buffer zone. The reason for the plan will enable them to keep up with the increases in the oil and gas production in Weld County. The closest residence to the proposal is about 1/2 mile away and noise concerns have been addressed in the Development Standards. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Richard Kimmel moved Case Number USR-1038, Snyder Oil Corporation, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval, with an amendment to Condition of Approval #5. Bill O'Hare seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes; Juliette Kroekel - yes; Ron Sommer - yes; Marie Koolstra - yes; Tom Rulon - yes; Judy Yamaguchi - yes. Motion passed unanimously. CASE NUMBER: Second AM SUP-369 APPLICANT: Weld County Board of County Commissioners REQUEST: A Site Specific Development Plan and an Amended Special Review permit for ,offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to North 11th Avenue and north of the Cache La Poudre River approximately 1/2 mile south of Weld County Road 64. 940183 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING January 18, 1994 Page 8 Don Carroll, Weld County Engineering, explained the County runs a mining operation next to the Cache La Poudre River near North 11th Avenue and "0" Street. A new waterline was installed to the new County facilities at 1400 N. 17th Avenue that required them to cross the existing mining operation. They want to change the sizes of the lakes from the original application and make Lake #2 the larger lake and Lake #1 smaller. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Ron Sommer moved Case Number Seconded AM SUP-369, Weld County Board of County Commissioners, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Bill O'Hare seconded the motion. Meeting adjourned at 5:50 psm. Respectful submitte Sharyn F. Ruff Secretary 9'10183 O NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in • any manner interested in the Site Specific Development Plan and Second Amended Special Use 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 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. DOCKET NO: 94-16 APPLICANT: Weld County Board of County Commissioners 915 10th Street P.O. Box 758 Greeley, Colorado 80632 DATE: February 16, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Second Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) Zone District LEGAL DESCRIPTION: , Part of the SW4 and part of the SE of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to North 11th Avenue, Greeley, Colorado; and north of the Cache La Poudre River, approximately Z mile south of Weld County Road 64 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: January 26, 1994 PUBLISHED: February 3, 1994, in the Windsor Beacon lb 0 • that the text and maps JJOTICE so certified by the Weld County Planning Commission may be Pursuant to the zoning examined in the office laws of the State of Colorado and the Weld of the Clerk to the AFFIDAVIT OF PUBLICATION Board of County County Zoning Commissioners, STATE OF COLORADO Ordinance, a public located in the Weld hearing will be held in County Centennial SS the Chambers of the Center, 915 10th COUNTY OF WELD Board of County Street, Third Floor, Commissioners of Weld Greeley,Colorado County,Colorado,Weld I, ROGER A. LIPKER, of said County of Weld, being duly County Centennial DOCKET NO 94-16 sworn,say that I am publisher of Center, 915 10th Street, First Floor, APPLICANT• Weld Greeley, Colorado, at WINDSOR BEACON County Board of the time specified All County Commis- persons many manner stoners, 915 10th a weekly newspaper having a general circulation in said interested in the Site Street, P.O Box 758, County and State, published in the town of WINDSOR, in Specific Development Greeley, Colorado said County and ,State- and that the notice, of which the 63Amended Special Use annexed is a true copy, has been published in said weekly Permit are requested to DATE February 16, for successive weeks, that the notice was attend and may be 1994 published in the regular and entire issue of every number of heard the paper during the period and time of publication, and in Should the applicant or TIME'10.00 a.m the newspaper proper and not in a supplement, and that any interested party REQUEST' A Site the first publication of said notice was in said paper bearing desire the presence of Specific Development he date of the n a court reporter to Plan and Second i/Q day of .2L 4.-cC , A.D., 19 and the make a record of the Amended Special Use proceedings,in addition Permit for offices and a last publication bearing the d e of the to the taped recordg ravel pit in the A day of , A.D., 19 and that which will be kept (Agricultural) Zone the said WINDSOR BEACON has been published dunng the hearing, the District continuously and uninterruptedly for the period of 5 Clerk to the Board's Office shall be advised LEGAL DESCRIPTION consecutive weeks, in said County and State, prior to the in wnting of such action Part of the SW 1/4 and date of first publication of said notice, and the same is a at least five days pnor part of the SE 1/4 of I newspaper within the meaning of an Act to regulate printing to the hearing. The Section 31,Township 6 of legal notices and advertisements, approved May 18, cost of engaging a North, Range 65 West court reporter shall be of the 6th P.M., Weld 1931, and all prior acts so far as in force. borne by the requesting County,Colorado £ tA party. BE IT ALSO KNOWN LOCATION. Adjacent to North 11th Avenue, ISHER Greeley, Colorado,and north of the Cache La Poudre River, Subscribed and sworn to before me this day of approximately 1/2 mile . // -� M7 , 19 q 15/ south of Weld County Road 64 .0 �t BOARD OF COUNTY 4,,,,,,,,NOTARY PUBLIC COMMISSIONERS, iy WELD COUNTY, My commission expires G ' ! .' /Q%47, COLORADO - BY DONALD '0 WARDEN, WE'LL COUNTY CLERK TO THE BOARD BY. Linda M. Dod.rt Deputy Clerk to 'tilt Board Published In the Windsor Beacon onl , February 3,1994. • 940183 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-16, was placed in the United States mail, postage prepaid, addressed to the following property owners.DATED this Il day of Y iL GL/ , 1994. ,%Id- ,,1727 Deputy Clerk to the Boar " City of Greeley 1000 10th Street Greeley, CO 80631 Alma Banghart D&D Auto Salvage & Radiator Service 615 N. 11th Ave. Greeley, CO 80631 Bucklen Equipment Co. 531 N. 21st Ave. Greeley, CO 80631 R.M. Hiner 2220 "0" Street Greeley, CO 80631 John Ells, Jr. 722 N. 11th Ave. Greeley, CO 80631 Weld County Board of County Commissioners 915 10th St. PO Box 758 Greeley, CO 80631 940183 mEmoRAnDum lID Clerk to the Board January 24, 1994 ill To Date Greg Thompson, Current Planner COLORADO From Second AM SUP-369 Subject: I have enclosed a copy of the Planning Commission Resolution and a summary of the Weld County Planning Commission Minutes for the first Amended SUP-369 Planning Commission hearing. a --i C " fl I • —. V fx'l;bil (L' &cc- 940183 iE BY SPECIAL REVIEW APPLICAT Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80,631 Phone - 353-3845 - Ext. 3540 Case Number SECOND AM SUP - 369 Date Received Application Checked By Mylar Plat Submitted Application Fee Receipt Number - Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW4 Part SE4 Section 31 T 6 N, R 65 LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is proposed: SW4 Part SE4 Section 31 T 6 N, R 65 W Property Address (if available) 933 N 11TH AVE PRESENT ZONE OVERLAY ZONES TOTAL ACREAGE 87.5 PROPOSED LAND USE OFFICES AND A GRAVEL PIT OPERATION EXISTING LAND USE SAME SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: WELD COUNTY GOVFRNMRNT Address: BOX 758 City: GREELEY Zip: 80632 Home Telephone: Business Telephone: 356-4000 X 4200 Name: Address: City: Zip: Home Telephone: Business Telephone: APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: DONALD CARROLL, ADMINISTRATIVE MANAGER OF ENGINEERING Address: BOX 758 City: GREELEY Zip: 80632 Home Telephone: Business Telephone: 356-4000 X 3750 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF Weld ) STATE OF COLORADO ) ��'1Vl 1 u, r Signature: Owne or Authorized Agent Subscribed and sworn to before me this 427,1 day of 19 W . d� �y NOT PUBLIC Q Meth l- My commission expires pct %/94 C'C� ' ��C_ 940183 4 dib BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning commission that the application for: . - CASE NUMBER: 2nd Amended SUP-369 l APPLICANT: Weld County Board of County Commissioners - 1--• ' > > ADDRESS: 915 10th Street, Greeley, Colorado 80631 ' ' REQUEST: A Site Specific Development Plan and 2nd Amended Special Use Permit for-: offices and a gravel pit in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 and part of the SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to North 11th Avenue and north of the Cache La Poudre River, approximately 1/2 mile south of Weld County Road 64. 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 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: Reasonable efforts have been made to avoid irrigated cropland. The subject site is currently used as offices and a gravel mine. The gravel pit will not have an undue adverse effect on existing and future development of the surrounding area as set forth in the Weld County Comprehensive Plan. In addition, the City of Greeley found no conflicts with its interests. The design of the proposed facility and attached development standards mitigate negative impacts on the surrounding area to the greatest extent feasible. The site will be maintained in such a manner as to control soil erosion, dust, and the growth of noxious weeds. The applicant has agreed to implement any reasonable measures to protect the health, safety, and welfare of the inhabitants of Weld County and to mitigate any potential adverse impacts from the proposed land use. All reasonable alternatives to the proposal have been adequately assessed. The proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. 9110183 �xh ib - 6- 6c : 666c_ A IP lib CORRECTED RESOLUTION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 2 - The gravel mine and offices will meet Colorado Department of Health and Weld County air quality standards. Special Review permit development standards address these concerns. - Adequate utilities currently serve the site. - The gravel mine and offices will not unreasonably interfere with any known significant wildlife habitat, unique natural resource, historic landmark, or archaeological site within the affected area. The property lies within the A-P (Airport) Overlay District, and portions of the property lie within the Flood Hazard Overlay District. The structures presently located on-site appear to be in compliance with Overlay District requirements. However, any new structures which may be built on the site would need to conform to requirements of both Overlay Districts which affect the site. Special Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 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. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 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. The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the development standards. 940183 CORRECTED RESOLUTION, 2nd Amended SUP-369 Weld County Board of County Commissioners Page 3 4. Prior to recording the plat, the noncommercial junkyard consisting of appliances, tires, and miscellaneous second-hand building materials located in the northwest corner of the parking area shall come into compliance with the Weld County Zoning Ordinance. 5. Within 30 days of approval, evidence shall be submitted to the Department of Planning Services office that: a. The existing Emission Permit shall be modified if the Air Pollution Control Division of the Colorado Department of Health determines such a modification is necessary. b. The existing National Pollution Discharge Elimination System permit shall be amended if the Colorado Department of Health determines that such a modification represents a significant change in the discharge. c. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department before the required Individual Sewage Disposal System Evaluation can be performed. d. Any existing septic systems which are not currently permitted through the Weld County Health Department shall have an Individual Sewage Disposal System Evaluation prior to the issuance of the required septic permit. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Richard Kimmel Bill O'Hare Juliette Kroekel Marie Koolstra Ron Sommer Tom Rulon Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on January 18, 1994. ed the 1 h of Janu 1994. aryn F. _u Secretary 940183 EORRI1DUIT1 , _ , -11 rI •'1Nil - ..Wil k101 Clerk to the Board January 31, 199'. . I To Date ` Greg Thompson, Current Planner G ALL' ` COLORADO From T i , ., , Second AM SUP-369 Subject: Please include the enclosed referral response and related information from the Colorado Office of the State Engineer, Division of Water Resources, in the abovementioned case file. aibil- .H 940183 CC ; NL) 6066 401, eft EORAflDUm Prid/ iivn - - February 7, 1994 To Greg Thompson, Current PlanneYDate COLORADO From Donald R. Carroll. Administrative Manager • Subject:_ SUP-369. Second Amendment - Giesert Gravel Pit This memo is to clarify Planning Services staff recommendations and development standards. Under Staff Recommendation - Item No. 4 - On February 3, 1994, Commissioner Kirkmeyer, Dave Becker, Greg Thompson and myself met on site and discussed the non-commercial junkyard area. It was agreed that Dave Becker would clean up and remove from the site, all appliances, tires, and miscellaneous second-hand building materials at the northwest corner of the parking lot area. We also agreed to relabel this area on the plat as an outdoor storage area consisting of snow plow blades, and miscellaneous county equipment. Just south of the open storage area is the Sheriff's impound facility. This is also identified on the plat. Under Development Standards - Item No. 17 - Weld County is applying for a Flood Hazard Development Permit to be able to stockpile topsoil, overburden, or sand and gravel within the 100-year and the 500-year floodplain area. Please refer to Exhibit C, Sheets 1 and 2 for locations and stockpile material areas. DRC/mw:prgies.mrw 41, cc: Commissioner Kirkmeyer r o 0 i i 19991, SUP-369 - Giesert Gravel Pit gc' P r9 G ^V ^r••nn 940163 02-14-1994 07:34AM FROM TO 63510978 P.02 • • " COMMUNITY DEVELOPMENT DLO 1000 10TH STREET, GREELEY, COLORADO 50631 l(303) 35O9780 ' ley February 14, 1994 FEB 1 4 1994 j Mr. Greg Thompson aim P18 Current Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Weld County Board of County Commissioners Second Amended SUP-368 Dear Greg: Thank you for the additional information you provided regarding Second Amended SUP-369. Because this site is on one of the I entryways to the City, the area of outdoor storage is a concern to the City. We therefore request that adequate screening be required around any outdoor storage area which is visible from North 11th Avenue. Any additional landscaping that could be; supplied adjacent to North 11th Avenue would also be appreciated. We would also appreciate reservation or dedication of corridors for the trail system adjacent to the Poudre River. I understand that the County Commissioners have recently addressed this issue and may have already planned such reservation or dedication. ' Thank you for the opportunity to comment regarding the additional information. If I can be of further assistance, please let igle know. • Very truly yours, Lanell ,7. Adler .Planner II • TOTAL P.02 FEB 14 '94 07:36 PAGE.002 £x h b' J 940183 HEARING CERTIFICATION DOCKET NO. 94-16 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED SPECIAL USE PERMIT FOR OFFICES AND A GRAVEL PIT IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY BOARD OF COMMISSIONERS A public hearing was conducted on February 16, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson Engineering Department representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated January 26, 1994, and duly published February 3, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of the Weld County Board of Commissioners for a Site Specific Development Plan and Second Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. He suggested a new Development Standard #19 be added to read, "Land uses associated with this site shall conform to the regulations of the A-P (Airport) Overlay District and the approved Flood Hazard Development Permit (FHOP-214)"; with the remaining Development Standards to be renumbered consecutively. Mr. Thompson indicated the applicant had submitted an amended plat showing the location of the outdoor storage of fill and gravel. He also stated the City of Greeley recommended screening around any outdoor storage visible from North 11th Avenue, as well as landscaping, and reservation or dedication of corridors for the trail system adjacent to the Poudre River. Mr. Thompson confirmed for Commissioner Kirkmeyer that the Planning Commission did not review the City's recommendation or the amended plat. Don Carroll, Administrative Manager of the Engineering Department, represented the applicant and said he has finalized the amended mining plan for the Geisert Pit to allow the new water line, which will supply water to the new offices, to cross the gravel area. He also explained the size of the lakes will be adjusted, with Pond 1 to be 29 acres and Pond 2 to be 11 acres. Mr. Carroll said the Mined Land Reclamation Division will be approving the permit by the end of next week, and no problems were indicated at the field review. He confirmed for Commissioner Hall that all Development Standards and Conditions of Approval were acceptable and completed. Commissioner Hall questioned the location of the public toilet facilities as required in Development Standard #9. Mr. Carroll indicated they will be located at the end of the building area and used by the mini bus drivers, etc. Discussion ensued concerning the need for public facilities versus employee facilities, and Mr. Thompson indicated it was added as a referral recommendation from the Health Department. After further discussion, Mr. Morrison suggested deleting the words "for the public"; with Development Standard #9 to read, "Adequate toilet facilities shall be provided." In response to a question from Commissioner Baxter, Mr. Carroll indicated snow plows, pumps, flat-bed trailers, and other County equipment would be stored outdoors. Commissioner Baxter stated that type of equipment is 940183 cc� 12L 01,65?l RE: HEARING CERTIFICATION - WELD COUNTY BOARD OF COMMISSIONERS PAGE 2 already parked near the road with no screening. Commissioner Harbert indicated the City of Greeley is trying to clean up North 11th Avenue and suggested landscaping begin in the next few years. Commissioner Hall said landscaping could be included in the long-range plan for the new Public Works Building. Commissioner Kirkmeyer confirmed the noncommercial junkyard, as referred to in Condition of Approval #4, had been cleaned up. Commissioner Harbert indicated the equipment along North 11th Avenue would probably be moved when the new building is constructed; therefore, it would be premature to landscape now, when major renovation plans are expected. No public testimony was offered concerning this matter. Mr. Morrison questioned whether the Board would like to address the trails issue. Commissioner Hall said he would do so in his motion and moved to approve the request of the Weld County Board of Commissioners for a Site Specific Development Plan and Second Amended Special Use Permit for offices and a gravel pit in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, and the deletion of the words "for the public" from Development Standard #9 and the addition of Development Standard #19 as above stated, with the remaining Development Standards renumbered consecutively. Commissioner Hall noted in his motion that the City of Greeley's concerns were taken into consideration and would be addressed by separate action since they are not necessary for this Permit. The motion was seconded by Commissioner Kirkmeyer, and Commissioner Baxter questioned if the reservation or dedication for the trail system was a necessity for this Permit. Mr. Morrison stated as long as the final reclamation plan included recreation it would not be a necessity. Mr. Carroll said the plan included the possibilities of the area being a part of Island Grove Park, a wildlife habitat, or a recreational area. Mr. Morrison said because those uses are in the application materials for final use, omitting the reservation would be acceptable since it would be consistent with the currently permitted final use for the trails. The motion carried unanimously. This Certification was approved on the 23rd day of February, 1994. APPROVED: ATTEST: Ma144 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld Co my Clerk to the, Board 4// a �� %\ J �� , Y B : H. Webst r/ C air Deputy C rk to the Board Dale . Hall, o em TAPE X694-09 eor e Baxter DOCKET #94-16 Co stance L. Harber PL0531 Barbara J. Kirkmey r 940183 Hello