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Home My WebLink About930473.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A DRY-PIT GRAVEL MINE IN THE A (AGRICULTURAL) ZONE DISTRICT - BUCKLEN EQUIPMENT COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of May, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Bucklen Equipment Company, 804 North 25th Avenue, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for a dry-pit gravel mine in the A (Agricultural) Zone District on the following described real estate, to-wit: Lots 1 and 2 of the SEk SW,' and Lot 3 of the NE,' SW* of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Applegate, Engineer, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The Comprehensive Plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision-making body. The City of Greeley Planning Commission reviewed this request on March 9, 1993, and found that the request does comply with the City of Greeley's Comprehensive Plan. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. 930473 } PL0909 ph_.o('7 o9 oC ; N4 CcF.�, %f_, f?/2?L SPECIAL REVIEW PERMIT - BUCKLEN EQUIPMENT COMPANY PAGE 2 b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include rural residential, Island Grove Park, and gravel mining. The use can be made compatible with the future development of the surrounding area as permitted by the A (Agricultural) and R-1 (Low Density Residential) Zone Districts. d. The Special Review Permit site is located in the 100-year floodplain and the airport overlay districts. The Special Review Permit Development Standards address the overlay district requirements. No other overlay districts affect this site. e. Special Review 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 Special Review Permit for a dry-pit gravel mine in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. 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 Permit plat prior to recording: 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. 930473 SPECIAL REVIEW PERMIT - BUCKLEN EQUIPMENT COMPANY PAGE 3 4. Prior to the Special Review Permit activity occurring on the site, the following evidence shall be submitted to the Department of Planning Services: a. The Division of Water Resources has approved a well permit or other legal water supply for the mining operation. b. All permits required by the Army Corps of Engineers have been obtained. c. An emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. d. A dust control plan has been approved by the Weld County Health Department. e. The Use by Special Review Permit activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. f. A NPDES Permit has been obtained from the Water Quality Control Division of the Colorado Department of Health. g. A Flood Hazard Development Permit shall be obtained for the uses located on the property. h. A specific remedial-action plan addressing the de-watering impacts on adjacent lakes and water wells shall be agreed upon by all parties involved. 5. Prior to recording the Special Review Permit plat: a. The plat shall be amended to show the legal description of the property. b. A road maintenance and improvements agreement shall be entered into with Weld County to mitigate the impacts created by heavy truck traffic. c. The plat shall be amended to show the approved sight and sound buffering and screening plan and the addition of 200 foot of screening fence on the south end of the west side. 930473 SPECIAL REVIEW PERMIT - BUCKLEN EQUIPMENT COMPANY PAGE 4 d. The plat shall be amended to show a river-front easement of no more than 15 feet in width along the Poudre River within the approved setbacks of the Mined Land Reclamation Act. e. The area described as Area B shall be removed from the plat or identified as not being part of the Special Review Permit application. f. The area to be used for stockpiles shall be shown on the plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of May, A.D. , 1993. /(//�� //° 11 ' BOARD OF COUNTY COMMISSIONERS ATTEST: rt /od ` � � �� WCOUNTY, COLORADO Weld County Clerk to the Board WEL �'ASae-y'T'[r%4,P�'„'/ac/� Constance L. Harbert, Chairman , 2 2 t BY: 7/1_44/11/14/L49,/D �.� J� Deputy Clerk to the Bar W. WeUster, Pro-Tem APPRO TO FORM: I/I- rge . Baxter ' rg EXCUSED DATE OF SIGNING (AYE) ounty At o ney 12�- Dale K. Hall `n ` AiLcL 4— .1 _.f Gis_J $arbara J. Kirkmeye 930473 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BUCKLEN EQUIPMENT COMPANY USR #1001 1. The Site Specific Development Plan and Special Review Permit is for a dry gravel mine 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 herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the employees. 9. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the operation. 10. The facility shall have sufficient equipment available to implement the approved dust control plan as required by the Health Department. The dust abatement plan shall be maintained on site at all times. 11. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in the manner that will prevent nuisance conditions. 12. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, shall be obtained for all construction activities that disturb more than five (5) acres. 13. An adequate and safe water supply shall be provided for the employees. 14. Stockpiles shall not be located within the Floodway area as identified by the Flood Hazard Overlay District requirements. The property shall be maintained in compliance with the Flood Hazard Overlay District requirements. 930473 DEVELOPMENT STANDARDS - BUCKLEN EQUIPMENT COMPANY PAGE 2 15. The property shall be operated in compliance with the Airport Overlay District requirements. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. 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. 20. The Special Review 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. 21. 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. 930473 HEARING CERTIFICATION DOCKET NO. 93-30 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A DRY-PIT GRAVEL MINE IN THE A (AGRICULTURAL) ZONE DISTRICT - BUCKLEN EQUIPMENT COMPANY A public hearing was conducted on May 26, 1993 at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Lanell Adler The following business was transacted: I hereby certify that pursuant to a notice dated May 3, 1993, and duly published May 13, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Bucklen Equipment Company for a Site Specific Development Plan and Special Review Permit for a dry-pit gravel mine in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Lanell Adler, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Mike Applegate, Engineer, represented the applicant and explained the location of the proposed mining operation, the existing operation, and other property owned by Mr. Bucklen. Mr. Applegate commented on the negotiations with Island Grove Park and the City of Greeley concerning land for a future park area. He said Mr. Bucklen has submitted a water supply plan to the State Engineer for approval. Mr. Applegate explained the screening plan, which includes berming. He said there would be no fence needed as long as the City and Mr. Bucklen are working jointly. In response to a question from Commissioner Kirkmeyer, Ms. Adler said the Planning Commission did not add the requirement of a fence on the small 200' area on the west side, even though it was an issue at its meeting. Richard Bucklen, applicant, said part of the fence is already put up, and arrangements are being made for the other piece. After discussion, it was agreed said requirement would be added to the plat. There was also discussion concerning hours of operation, which are restricted to daylight hours, six days per week. Greg Flebbe, City of Greeley Planning Department, said the proposed berming and fencing are acceptable to the City. He said the City has an additional request that the easement on the north side of the Poudre River Trail be fenced off since it is for public use. Mr. Flebbe discussed fencing in the floodplain versus the floodway. He said there would be no need for a fence between the City's property and Mr. Bucklen's property while digging; however, when the park is complete, the fence would be needed. After discussion concerning when and who determines the fence is appropriate, Mr. Applegate said Mr. Bucklen is willing to provide berming and screening; however, since the City is not sure when or where the fence may be needed, the fence should be the City's responsibility. Mr. Bucklen noted the fences would be in the way if and when flooding occurred. In response to a question from Commissioner Webster, Mr. Bucklen said the City does not have enough money to buy the property he proposes to mine. He noted the City's plans are only proposed, not stable, and this business is his livelihood. Mr. Flebbe confirmed the City does not have the resources to buy the subject property. Commissioner Baxter commented on 930473 C'C . RE: HEARING CERTIFICATION - BUCKLEN EQUIPMENT COMPANY PAGE 2 the Island Grove Park Board's proposed plans and confirmed there have been many changes over the years. Mr. Barker suggested adding language concerning the required fencing to Condition of Approval #6. Ms. Adler read the additional language to be added to Condition of Approval #6c into the record. Commissioner Kirkmeyer moved to approve the request of Bucklen Equipment Company for a Site Specific Development Plan and Special Review Permit for a dry-pit gravel mine 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, including the recommended language added to Condition of Approval #6c. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 2nd day of June, 1993. A1Zda/447 APPROVED: ATTEST: 19 BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO Weld C unty Clerk to the Board � /,��f/ // By: /q ti Constance Har e t, Chairman Deputy Clerk to the Ba W. H. ebs er, PTem TAPE #93-19 - George-E. Baxter DOCKET #93-30 EXCUSED DATE OF APPROVAL Dale K. Hall PL0909 L aarbA y. ara J. Kirkmeye 930473 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF MAY 1993: DOCKET II 93-31 - USR, LYNN FAGERBERG DOCKET II 93-28 & DOCKET #93-29 - TWO USR'S, ED AND CAROL LIND DOCKET II 93-30 - USR, BUCKLEN EQUIPMENT COMPANY DOCKET II PLEASE write or print your name legibly, your address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING S C 4 / 7( w(? 77 7y ea,eit- q3- 78 453 -.2 ) 35i (A)ce 7 Cafiz4) 93 .??.)ticjj..2c, iitc A ecegiRh-4 1M W a vrsr-rr4io ay..tr2 cb_ 93 =3O Ki 930173 NOT I C E The Board of County Commissioners of Weld County, Colorado, on May 26, 1993, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Bucklen Equipment Company 804 North 25th Avenue Greeley, Colorado 80631 LEGAL DESCRIPTION: Lots 1 and 2 of the SE! SW* and Lot 3 of the NE! SW* of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A dry-pit gravel mine in the A (Agricultural) Zone District SIZE OF PARCEL: 34.9 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 CLE K TO THE BOARD BY: 0t.� Deputy C rk to the Board PUBLISHED: June 3, 1993, in the Windsor Beacon Dina The Bout al Googly Commissioners of Weld AFFIDAVIT OF PUBLICATION County,Colorado,on May • 26, 1993, condklonally approved STATE OF COLORADO a Site Specific ss Development Plan and COUNTY OF WELD Special Review Pemilt for the properly and purpose described I, KEITH HANSEN, of said County of Weld, being duly below. Conditional sworn, say that I am publisher of approval of this plan creates a vested properly roll Punt WINDSOR BEACON to Attie 66 of Tills 24, C.R.S., as amended, a weekly newspaper having a general circulation in said for a period of three County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which APPLICANT: Bucklen the annexed is a true copy, has been published in said Equipment Company, weekly for_,_successive weeks, that the notice 004 North 25th Avenue was published in the regular and entire issue of every Greeley, Colorado B0631 number of the paper during the period and time of publication, and in the newspaper proper and not in a LEGAL DESCRIPTION: supplement, and that the first publication of said notice Lots t and 2 of the was in said bearing the date of the SE1/4 SW1/4 and Lot 3 paper of the NE1/4 SW1/4 of 2,, ,,A � Section 31,Township day of i s_ , A.D., 19/I and North, Range 65 West the last publication aring the date of the of the 6th P.M.,Weld County,Colorado day of , A.D., 19_ and TYPE AND INTENSITY that the said WINDSOR BEACON has been published OF APPROVED USE: A dry-pit gravel mine in continuously and uninterruptedly for the period of 5 the A (Agricultural) consecutive weeks,in said County and State, prior to the Zone District date of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate SIZE OF PARCEL: 34.9 acres, more or printing of legal notices an advertisements, approved less May 18, 1931,and all prior is r as in force. Failure to abide by the terms and conditions of approval wil result in a forfeiture of the vested P LISHER properly fight. 2 9yyyy day Subscri d nd sworn to before me this BOARD OF COUNTY of 19 9-3 COMMISSIONERS, ��``��. WELD COUNTY, n /� COLORADO AAA),( V\ ' vy.✓rq BY. DONALD D NOTARY PUBLIC WARDEN, CLERK TO THE BOARD My commission expires � n2� ( 996 6 . BY: Shelly K. Miller, Do,...ty G1erk is 1 = Raises :Ilk .-Me Maw*SO SOS to dips 9,IffM• 6 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 Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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: 93-30 APPLICANT Bucklen Equipment Company 804 North 25th Avenue Greeley, Colorado 80631 DATE: May 26, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a dry-pit gravel mine in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lots 1 and 2 of the SEi SW** and Lot 3 of the NE* SW* of Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to "C" Street, east of and adjacent to 21st Avenue BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: May 3, 1993 PUBLISHED: May 13, 1993 in the Windsor Beacon 930=47 EX b,+ � AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly NOME pallier D:93,30 sworn, say that I am publisher of Pursuant to Ste zoning • laws of the State of APPLICANT: Sudden WINDSOR BEACON Colorado at4„Me Welt Equipment Company, County Zoning 804 bath 25th Avenue, Ordinance, a public =In. Colorado a weekly newspaper having a general circulation in said hearing will be held in - County and State, published in the town of WINDSOR, the Chambers,c6 9M tMih►lr2&tM63 in said County and State; and that the notice, of which Soled of County CornNsslonem of Weld the annexed is a true copy, has been published in said Carly.Colorado,Weld TIME:IQgc a.m weekly for / _successive weeks, that the notice County Centennial A Site was published in the regular and entire issue of every Caller, 915 1 Sliest First Floor, G Greeley,- Bpeeslc Development number of the paper during the period and time of Colorado,at the vow Pisa and6pecW Review publication, and in the newspaper proper and not in a weaned. All ports hi >U'1minAryq„Wiwi supplement, and that the first publication of said notice ✓ry ner3ntereMW if, was in said paper bearing the date of the the Site Specific (Atykuuureq Zone P P S ecial Re Revi Plan end Del /3 ilt Sppa day of , A.D., 19 "3 and dRePermitLEGAL DESORPTION sad may be to attendattendthe last publication bearin the date of the and mayt heard. Lip 1 and 2.ofthe *1t4 SIN1/4 and Lot 3 Should the applicant or of Me NE1/4 SW1/4 of day of A.D., 19_ and any Interested party Man 31,Township 6 that the said WINDSOR BEACON has been published desire she pieaence of a I WIM..IWige:66 Weard continuously and uninterruptedly for the period of 5 coo reporter to make a the Mb P.M., Weld record of the Cateey,Colorado consecutive weeks,in said County and State, prior to the proceedings, in addition date of first publication of said notice, and the same is a to the toped record which lOCAIOea IYAtsl and newspaper within the meaning of an Act to regulate will be kept during me adNree• o"C"Mpa. having, Met the Clerk to a of skit&Se tt to printing of legal notices an advertisements, approved w Bo 's Office shall be 21! :.rC"M May 18, 1931, and all prior cts ar as in force. advlsad h wrong of such arson M leapt live sem BOAND OF COUNTY / prior aft tam W miring. The COMBBio NERS, / wits engcong a cowl WELD COUNTY, repotted*MOMe tome I'CCuetcso c ` P BLISHER by the requesting tarty. BY: DONALD D. BE IT ALSO KNOWN WARDEN, WELD Subscrt i d and sworn to before me this ..21C4_day that the text and maps so COUNTY CLERK TO of 19n certified by the Weld THE BOARD • // Courtly Planning r 'Th. - vti Commission maybe BY: Shelly K. Miller, /`r NOTARY PUBLIC "anted h the chic°d Deputy Clerk to the Me Gait to the Board ol Board County Commissioners, Ic2My commission expires ' 2r / / i 6_. located In the Weld Published in the County Centennial Windsor Beacon on cent,f .e 11 Third rd F Y. '�Mly. ` '9T', 9 a30473 173 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket 093-30, was placed in the United States mail, postage prepaid, addressed to the following property owners. L.49111_DATED this day of , 1993. SI/uOO 1��✓I'lt1I-QtA) Deputy Clem to the Board JESSY M. AND ESTER L. PADDOCK BUCKLEN EQUIPMENT COMPANY, INC. C/0 STANLEY L. PADDOCK 804 N. 25TH AVENUE 327 NORTH 16TH AVENUE GREELEY, CO 80631 GREELEY, CO 80631 DOUGLAS L. HEIL PAUL E. AND CAROL S. HLAD 2163 C STREET N.W. 817 TENTH STREET GREELEY, CO 80631 GREELEY, CO 80631 RICHARD F. AND SUSAN M. BUCKLEN COLORADO AND SOUTHERN RAILWAY COMPANY 541 N. 21ST AVENUE 1405 CURTIS STREET GREELEY, CO 80631 DENVER, CO 80202 RALPH A. COWAN CITY OF GREELEY 2326 24TH STREET ROAD 1000 TENTH STREET GREELEY, CO 80631 GREELEY, CO 80631 ABSTAR R. DIENGDOH SHORT AND MILNE 322 NORTH 21ST AVENUE C/O FLATIRON COMPANY GREELEY, CO 80631 4770 BASELINE ROAD #300 BOULDER, CO 80303-2669 DOMINGO L. AND SALLY DURAN 300 NORTH 21ST AVENUE FLATIRON SAND AND GRAVEL COMPANY GREELEY, CO 80631 ATTENTION: MIKE HART BOX 229 R.V.S. COMPANY, INC. BOULDER, CO 80302 2122 40TH AVENUE GREELEY, CO 80634 CURTIS STRONG P.O. BOX 10 PHILIP J. KIZER PLATTEVILLE, CO 80651 P.O. BOX 1221 GREELEY, CO 80632 CURTIS E. STRONG C/0 STRONG FARMS MARJORIE E. PARSONS 800 NORTH 11TH AVENUE 2118 C STREET GREELEY, CO 80631 GREELEY, CO 80631 MIKE APPLEGATE LEROY R. FRANKLIN TUTTLE APPLEGATE, INC. DBA FRANKLIN CEMENT FINISHERS 11990 GRANT STREET, #410 121 NORTH 25TH AVENUE COURT DENVER, CO 80233 GREELEY, CO 80631 920473 trvr M eerere+' `(( L f l l 7 Iiirr._. 'n s�= 11! 7 ' cur ti <' z . z U d „AONC i N cn H a Y? CO -i �„ q N d IY. K, U W .1 o -1 w 01 U e-I CI I e;%) i°A 0.1 in 0 Q O 0 CO UI I- 0 I- Y O st EtE I/ ft, pa# LC939 OOtlsOIOO'A31938O-SSL XOS O'd - _ - TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development May 1i 1993 Mr. Keith Schuett L, Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE : Bucklen Equipment Company Pit Dear Keith: This letter is in response to the City of Greeley review of the buffering and screening plan for Bucklen Equipment. The City would still like to have privacy fencing around the site. The City is comparing this site with the Bestway Paving site on 34th Street. This Bestway Paving site is much more visible, has much more traffic not only to and from the site, but by more passers-by. The site is not located near a floodplain. The Bucklen site is much more remote, it does not have a public street directly adjacent to the site. The traffic along 21st Avenue and C Street northwest is of a much lower volume. The north and west sides of the site are in the floodplain where it is not advisable to construct a fence. The areas directly south and southwest of the site are targeted by the City of Greeley for expansion of Island Grove Park property. Therefore, there would not be any more residences allowed in these areas. With the berms that are planned across from the residences not owned by the Bucklens and lowering the equipment into the pit, sufficient screening of the sights and sounds of the operations will be accomplished. We believe that privacy fencing on the west and south sides of the pit is not necessary. The two adjacent residences to the site have no complaints with the mining operation. We would also note that the Weld County operation directly across the river from Bucklen does not have screening requirements. We believe the proposed plan is reasonable for this site and ask your acceptance and approval. Please let me know if you have any other questions or concerns. Cordially, TUTTLE APPLEGATE, INC. MAY 1 2 1993 Pamela E. Acre Landscape Architect PEA/s j r ra ft '"p�ennfwr� cc: File #91-173 Richard Bucklen, Bucklen Equipment Company 9Z0473Exhib;rE 11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 T=✓i C t OL G , /2 , AIL-. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 6 , 1993 A regular meeting of the Weld County Planning Commission was held April 6 , 1993, in the County Commissioners Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi, at 1:30 p.m. Tape 435 Roll Call -. Richard Kimmel Present = Jean Hoffman Present J _ Tom Rulon Absent Bill O'Hare Absent Judy Yamaguchi Present Juliette Kroekel Absent Don Feldhaus Present Shirley Camenisch Absent Bud Clemons Present Also present: Lanell J. Adler, Current Planner, Department of Planning Services, Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary. CASE NUMBER: USR-1001 NAME: Bucklen Equipment Company ADDRESS: 804 North 25th Avenue, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a dry pit gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1 and 2 of the SE4 SW4, and Lot 3 of the NE4 SW4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to "C" Street, east of and adjacent to 21st Avenue. Mike Applegate, Tuttle Applegate, representative, Bucklen Equipment Company, explained they are currently operating under an existing Mined Land Reclamation Plan and as soon as this area is reclaimed they want to move to the proposed site the applicant also owns. The original point of access would not change and there should be no change in traffic patterns. They are currently working with the Island Grove Park Committee on a proposal to expand the existing lake and on completion of the project, possibly deeding the property over to the park. They have obtained permits and approvals from the State Engineers Office, Corps of Engineers, and Colorado Health Department. The City of Greeley has concerns about the water tables in the area, but further investigations show the City wells to be deeper than the proposed mining application. O6 9,:0' '73 4//q le13 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 6, 1993 Page 2 Bud Clemons asked if the present mining application is closed down. Mike Applegate said yes, the pit is played out. Judy Yamaguchi asked what the big lake would be used for. Mike Applegate said it would be a private recreational lake. Jean Hoffman asked if the proximity to the park would pose a problem. Mike Applegate said they plan to minimize the impact by excavating quickly and dropping the machinery down inside to provide buffering. They can't put large berms, stockpile or permanent fence due to floodplain issues. Don Feldhaus asked about operating hours. Mike Applegate said normal operating hours are daytime, weekdays and Saturdays. Richard Bucklen, applicant said the County pit across the road has been known to run two shifts, so his hours of operation shouldn't be a problem. Judy Yamaguchi asked about the time-frame for this application. Richard Bucklen said approximately one year. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Greg Fleebe, Planner, City of Greeley, said the City will work with Mr. Bucklen through all phases of the project, but they don' t want to see a negative impact to the park. They don't want to dictate terms but concerns include the river front trail easement issue and impacts to the water table in drought conditions creating irrigation problems for the grass and trees. They are requesting that these problems be addressed immediately if situations occur. Abstar Dingdoh, surrounding property owner, explained he has no problem with Richard Bucklen's proposal. He is concerned, however, about his buildings on the property line, the run of the slope being too steep, noise and traffic regulations being enforced, and fencing for safety for children on his property. He asked that this application be handled like a previous application for Bestway Paving. Richard Kimmel asked how long his property line is. Abstar Dingdoh, said 300 to 400 feet. Don Feldhaus was also concerned about the fencing issue. Richard Bucklen said the south side of the property is already fenced and he would fence the small 200 foot area on the west side. He also stated that Weld County had no fencing on their pit across the street. It was determined that the concern regarding the slope and noise and traffic regulations were covered in the various Ordinances. Jean Hoffman asked about a plan from the City to turn the proposed location into ballfields and RV parking. Richard Bucklen explained to Jean Hoffman the City did not own this property. 0 47w?„ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 6 , 1993 Page 3 Richard Kimmel moved to forward Case Number USR-1001, to the Board of County Commissioners with the Planning Commission' s recommendation for approval with a change to Condition of Approval 6d to read: d. the plat shall be amended to show a river front easement of no more than 15 feet in width along the Poudre River within the approved setbacks of the Mined Land Reclamation Bureau. Bud Clemons seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Judy Yamaguchi - yes; Don Feldhaus - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: Amended USR-786 NAME: Fagerberg Produce ADDRESS: P.O. Box 2249, Eaton, CO 80615 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (onion sorting and storage) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 13, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 80, approximately .5 miles west of Weld County Road 37. Lynn Fagerberg, applicant gave an overview of the request. He said this is currently a processing and storage facility one mile south of the Town of Ault. This request is for an additional storage building to the east of the existing facility. Bud Clemons asked if Fagerberg Produce owned the property. Lanell Adler explained there is a resolution from the City of Thornton and a Recorded Exemption application has been filed jointly with Fagerberg Produce. Judy Yamaguchi asked if 10 acres was the land that was purchased. Lynn Fagerberg said no, only 6 acres. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairperson asked Mr. Fagerberg is they agreed with staff's recommendation. Lynn Fagerberg said they had never had any problems with surrounding property owners. He said their facility is one of the cleanest and one of the most well maintained facilities in the County as far as produce facilities are concerned so he has no problem with staff's recommendation. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel that the following resolution be introduced for passage with the change to Condition of Approval 6d, as stated, by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1001 NAME: Bucklen Equipment Company ADDRESS: 804 North 25th Avenue, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a dry pit gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1 and 2 of the SE4 SW4, and Lot 3 of the NE4 SW4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to "C" Street, east of and adjacent to 21st Avenue. 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(s) 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section(s) 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan' s Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the c _ mineral resources. The Comprehensive Plan also encourages land-use " development proposals within an urban growth boundary as long as they `-' ;conform to the desires of the local land-use decision making body. The City of Greeley Planning Commission reviewed this request on March r9, 1993, and found that the request does comply with the City of Greeley's Comprehensive Plan. The conditions of approval and development standards will ensure that these goals and policies are met. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. CK� 9C0173 RESOLUTION, USR-1001 Bucklen Equipment Company Page 2 - Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include rural residential, Island Grove Park, and gravel mining. The use can be made compatible with the future development of the surrounding area as permitted by the A (Agricultural) and R-1 (Low Density Residential) zone districts. - The special review permit site is located in the 100-year floodplain and the airport overlay districts. The Special Review permit Development Standards address the overlay district requirements. No other overlay districts affect this 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. Prior to scheduling before the Board of County Commissioners, an acceptable sight and sound buffering and screening plan shall be approved by the Department of Planning Services' staff. 930' 73 RESOLUTION, USR-1001 Bucklen Equipment Company Page 3 4. The following note shall be placed on the Special Review permit plat prior to recording: Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 5. Prior to the Special Review permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. the Division of Water Resources has approved a well permit or other legal water supply for the mining operation; b. all permits required by the Army Corps of Engineers have been obtained. c. an emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors; d. a dust control plan has been approved by the Weld County Health Department; e. the Use by Special Review permit activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. f. a NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health; g. a Flood Hazard Development permit shall be obtained for the uses located on the property; and h. a specific remedial action plan addressing the dewatering impacts on adjacent lakes and water wells shall be agreed upon by all parties involved. 6. Prior to recording the Special Review permit plat: a. the plat shall be amended to show the legal description of the property. 930113 RESOLUTION, USR-1001 Bucklen Equipment Company Page 4 b. a road maintenance and improvements agreement shall be entered into with Weld County to mitigate the impacts created by heavy truck traffic. c. the plat shall be amended to show the approved sight and sound buffering and screening plan. d. the plat shall be amended to show a river front easement of no more than 15 feet in width along the Poudre River within the approved setbacks of the Mined Land Reclamation Act. e. the area described as Area B shall be removed from the plat or identified as not being part of the Special Review permit application. f. the area to be used for stockpiles shall be shown on the plat. Motion seconded by Bud Clemons. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Judy Yamaguchi Don Feldhaus Bud Clemons 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 April 6, 1993. Dated the 6 of il, 1993. Sharyn F. Ruff Secretary 9:0 t7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bucklen Equipment Company USR-1001 1. The Site Specific Development Plan and Special Review permit is for a dry gravel mine 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the employees. 9. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the operation 10. The facility shall have sufficient equipment available to implement the approved dust control as required by the Health Department. The dust abatement plan shall be maintained on site at all times. 11. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in the manner that will prevent nuisance conditions. 12. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, shall be obtained for all construction activities that disturb more than five (5) acres. 13. An adequate and safe water supply shall be provided for the employees. 92;U 173 DEVELOPMENT STANDARDS, USR-1001 Bucklen Equipment Company Page 2 14. Stockpiles shall not be located within the Floodway area as identified by the Flood Hazard Overlay District requirements. The property shall be maintained in compliance with the Flood Hazard Overlay District requirements. 15. The property shall be operated in compliance with the Airport Overlay District requirements. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. 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. 20. 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. 21. 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. ADDITIONAL COMMENTS Larry Rogstad, Colorado Division of Wildlife has indicated concerns about reclamation. Weld County does not have jurisdiction over reclamation. 9 017 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Bucklen Equipment Case Number: USR-1001 Submitted or Prepared After Prior to Hearing At Hearing Hearing 1. Application 77 pages X 2. 1 Application plat 3 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List 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. Letter, dated March 2, 1993, from Larry Rogstad, X Colorado Divsion of Wildlife 12. Memo, dated February 18, 1993, from John Pickle, X Weld County Health Department 13. Referral response, dated February 18, 1993, from X Brion Newkirk, Western Hills Fire Protection District 14. Memo, dated, March 3, 1993, from Drew Scheltinga, X Weld County Engineer 15. Letter, dated January 27, 1993, from Timothy X T. Carey, U.S. Army Corps of Engineers 16. Referral response, dated February 18, 1993, from X Ed Herring, Office of Emergency Management, Weld County Sheriff' s Office 17. Referral response, dated February 26, 1993, from X Greeley Irrigation Company 18. Letter, dated March 24, 1993, from Greg Fleebe, X City of Greeley EXArbil- A 9:0173 INVENTORY OF ITEMS, USR-1001 Bucklen Equipment Page 2 Submitted or Prepared After Prior to Hearing At Hearing Hearing 19. Letter, dated March 10, 1993, from Henry M. X Epstein, City of Greeley 20. Referral response, dated March 2, 1993, from X Forrest leaf, Central Colorado Water Conservancy District 21. Referral response, dated March 9, 1993, Colorado X Division of Water Resources 22. Referral response, dated March 9, 1993, West X Greeley Soil Conservation District 23. Referral response, dated April 5, 1993, from X Donna Coble, Greeley Irrigation Company 24. Exibit A, Conceptual Master Plan Island Grove X 25. Letter dated April 19,1993 from Pamela E. Acre, Tuttle Applegate X 26. Letter Dated April 29, 1993 from Greg Flebbe, City of Greeley X I hereby certify that the 26 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 April 30, 1993. nt anner STATE OF COLORADO ) COUNTY OF WELD Q.�{ SUBSCRIBED , SPORN, TO BEFORE ME THIS 19:15 . y of 1 . SEAL :: C ' • J• 0 • NO Y PUBLIC `y ' Q �w%Cd11razi,n9l1 itn,1)*2i,i ,v My Commis 4 EXISiet 930173 EXHIBIT INVENTORY CONTROL SHEET CaseVP#iO01 Law (mnp Exhibit Submitted ByD Exhibit Description `l/30 A. P/llin rw�q linAgAn ,6� l h mr v7ui hni.tt 1 t(, 4130 B. 0 dm rn c. -Ptivnru.nn a vn‘m lD(l t tic) 10 LidThil (J 5/3 D. O-h 110 &W /77ate.J akiit- 5a m '/ 7,2e/a_ E: ncr /et-ter rcte . r 5/1 E. T itgp,/tiz.- i .Znc - pri✓a, t fen(my ats'h F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. n-, 14'73 DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. XX We have reviewed this request and find that it DOES NOT does/does not) comply with our Comprehensive Plan for the following reasons. Our policy is that all augmented shares must be measured at the 16th Street structure. 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. Please refer to the enclosed letter. GREELEY IRRIGATION COMPANY Signed: By 4/1”---p-•-- cr C t xs Agamayx Secretary Date: April 5, 1993 APR 0 6 1993 i 9904'73 DATE: April 6, 1993 CASE NUMBER: USR-1001 NAME: Bucklen Equipment Company ADDRESS: 804 North 25th Avenue, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a dry pit gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1 and 2 of the SE4 SW4, and Lot 3 of the NE4 SW4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to "C" Street, east of and adjacent to 21st Avenue. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section(s) 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section(s) 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resource Goals and Policies, the Urban Growth Boundary Area Goals and Policies, and the Transportation Goals and Policies. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of the mineral resources. The Comprehensive Plan also encourages land-use development proposals within an urban growth boundary as long as they conform to the desires of the local land-use decision making body. The City of Greeley Planning Commission reviewed this request on March 9, 1993, and found that the request does comply with the City of Greeley' s Comprehensive Plan. The conditions of approval and development standards will ensure that these goals and policies are met. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include rural residential, Island Grove Park, and gravel mining. The use can be made compatible with the future development of the surrounding area as permitted by the A (Agricultural) and R-1 (Low Density Residential) zone districts. 930473 RECOMMENDATION Bucklen Equipment Company USR-1001 Page 2 The special review permit site is located in the 100-year floodplain and the airport overlay districts. The Special Review permit Development Standards address the overlay district requirements. No other overlay districts affect this 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. Prior to scheduling before the Board of County Commissioners, an acceptable sight and sound buffering and screening plan shall be approved by the Department of Planning Services' staff. 4. The following note shall be placed on the Special Review permit plat prior to recording: 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. 930473 RECOMMENDATION Bucklen Equipment Company USR-1001 Page 3 5. Prior to the Special Review permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. the Division of Water Resources has approved a well permit or other legal water supply for the mining operation; b. all permits required by the Army Corps of Engineers have been obtained. c. an emissions permit has been obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors; d. a dust control plan has been approved by the Weld County Health Department; e. the Use by Special Review permit activity will not cause injury to vested or conditional water rights as set forth in Section 44.4.11 of the Weld County Zoning Ordinance. f. a NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health; g. a Flood Hazard Development permit shall be obtained for the uses located on the property; and h. a specific remedial action plan addressing the dewatering impacts on adjacent lakes and water wells shall be agreed upon by all parties involved. 6. Prior to recording the Special Review permit plat: a. the plat shall be amended to show the legal description of the property. b. a road maintenance and improvements agreement shall be entered into with Weld County to mitigate the impacts created by heavy truck traffic. c. the plat shall be amended to show the approved sight and sound buffering and screening plan. d. the plat shall be amended to show a river front easement along the Poudre River. 930473 RECOMMENDATION Bucklen Equipment Company USR-1001 Page 3 e. the area described as Area B shall be removed from the plat or identified as not being part of the Special Review permit application. f. the area to be used for stockpiles shall be shown on the plat. 930473 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bucklen Equipment Company USR-1001 1. The Site Specific Development Plan and Special Review permit is for a dry gravel mine 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the employees. 9. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the operation 10. The facility shall have sufficient equipment available to implement the approved dust control as required by the Health Department. The dust abatement plan shall be maintained on site at all times. 11. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in the manner that will prevent nuisance conditions. 12. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, shall be obtained for all construction activities that disturb more than five (5) acres. 13. An adequate and safe water supply shall be provided for the employees. 930473 DEVELOPMENT STANDARDS Bucklen Equipment Company USR-1001 Page 2 14. Stockpiles shall not be located within the Floodway area as identified by the Flood Hazard Overlay District requirements. The property shall be maintained in compliance with the Flood Hazard Overlay District requirements. 15. The property shall be operated in compliance with the Airport Overlay District requirements. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. 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. 20. 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. 21. 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. 930473 5 0 . 7., ADDITIONAL COMMENTS Larry Rogstad, Colorado Division of Wildlife has indicated concerns about reclamation. Weld County does not have jurisdiction over reclamation. 930473 { COMMUNITY DEVELOPMENT City :7 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley J c& i' __1 March 24 , 1993 Keith Schuett MAR 2 6 1993 Current Planner Weld County Department of Planning Services ennitvRennin 1400 North 17th Avenue Greeley CO 80631 Subject: Weld County Project No. USR-1001 Bucklen Gravel Mine Dear Mr. Schuett: At its March 23, 1993 meeting, the City of Greeley Planning Commission reviewed the referenced request. In a 5-0 vote with two Commissioners absent, the Planning Commission recommended approval of the item with the following conditions: 1. An acceptable sight and sound buffering/screening plan for the pit from adjacent urban areas should be developed and installed where practical. The plan to be developed between the applicant and the County Planning Staff should be sensitive to adjacent residential development and a regional park; 2 . Specific remedial action addressing the dewatering impact on the adjacent City lake and wells shall be identified and agreed upon by all parties involved prior to the commencement of the mining operation. 3 . Limited access and landscaping shall be installed at Site B prior to the commencement of the mining operation. 4 . The reclamation plan should provide a more natural, functional, and interesting lake design. 5. A riverfront trail easement should be established along the Poudre. The following items were also added to the motion: 6. The Greeley Planning Commission wants to encourage reasonable and consistent mitigation requirements of gravel pits and other high impact uses adjacent to urbanizing areas and existing uses in the City of Greeley; and U3u4731 Keith Schuett March 24, 1993 Page Two 7. The Greeley Planning Commission authorizes the Greeley Planning Staff to speak on behalf of the Commission to the Weld County Planning Commission and County Commissioners on matters related to referral requests (i.e. USR-gravel operations) . For your reference, I have enclosed a copy of the staff report. If I can be of any further assistance, please feel free to contact me. Sincerely, Greg ebbe Plan er II Enclosure 9311t73 AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55 COUNTY OF WELD . NoTI �oF I, KEITH HANSEN, of said County of Weld,being duly sworn,say that I am publisher of The Public hearing will Thebe held in the Weld WINDSOR BEACON Weld County C o u l y Planning Commission Commissaeoners' will hold a public Hearing Room, First a weekly newspaper having a general circulation in said hearing on Tuesday, Floor, Weld County March 16, 1993, at Centen County and State, published in the town of WINDSOR, 1:30 p.m. for the morns' Center, in said County and State; and that the notice, of which purpose or 915 Tenth Street, the annexed is a true copy, has been published in said considering a Site Greeley. Colorado. Commeekly for_ _successive weeks, that the notice Specific Development ma"ts• or was published in the regular and entire issue of every Plan ial Review permit for lated to and a the the above ions feequest number of the paper during the period and time of roper and not in a property A described writ gbtotheBWeldd supplpubliement, and that the first publition, and in the newspaper cation of said notice PProval at the Carry Depert^larlt of was in said paper bearing the date of the request may create a P vested property la^^i^9 Services, P PC right 915 Tenth Street; { pursuant to Colorado Room 342, Greeley, J day of '9--11- .a-.w' , A.D., 19 93 and Colorado 80631, the last publication bearing the date of the APPLICANT: Buckler Were the above date Equipment Company o peshntedinat the day of A.D., 19_ and March 16, 1993 that the said WINDSOR BEACON has been published DESCRIPTION:LEGAL continuously and uninterruptedly for the period of 5 of the SE4 Part Copies of the consecutive weeks,in said County and State, prior to the Section 31 9 T6N4 r application are date of first publication of said notice, and the same is a R85W of the 6th PM a$ailabie for public newspaper within'the meaning of an Act to regulate Weld Count D pection in the Colorado. y epartment or printing of legal notices an advertisements, approved Planning Services, May 18, 1931, and all prior cts r as in force. TYPE AND 44515 N. 17th Avenue' / INTENSITY OF 80631 Phone Colorado PROPOSED USE: An 3845,Exte open cut gravel mine rlsio^3540. t. P LISHER in district. 2)(Agricultural) Judy Yamaguchi, tt Chairperson; Weld Sub d and sworn to before me this .'-w day County Planning of 19i "C"Street, oComansion .and . adjacent to gzx0 21st Published in the ^.�/ � � Avenue. ' NOi YPUBLIC -- Windsor Seam •on sC� SIZE: 58.9 acres, r`..oiy ii,1N3• . p�� z, jq�,t more or leas. My commission expires 9 . • • ±.L' � 4\`JJ'e I MAR 0 2. 1993 .. +r•.nmin• 9304 COMMUNITY DEVELOPMENT City Of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley/ March 10, 1993 r ��fyx`� Keith Schuett, Current Planner 1I MAR 1 2 )19.993 Weld County Department of Planning Services " '"' inni<annin' 1400 North 17th Avenue Greeley CO 80631 Subject: Bucklen Sand and Gravel Operations Request for a Use by Special Review Permit Dear Keith: Pursuant to our discussions this past week concerning the referenced project in Weld County adjacent to Island Grove Regional park, I felt it necessary to indicate in writing our strong concern for a post- ponement to the actions to be taken by the County. This delay would allow for resolution of identified problems with Mr. Bucklen de- watering his site for the gravel operations and mitigating its potential impact on surrounding properties, inclusive of the Island Grove facilities. I spoke to Pam Acre, landscape architect with Tuttle-Applegate, representing Mr. Bucklen in his request to the County on Tuesday, March 9, 1993 . She agreed verbally that the issues raised by Dick Quaco, facility manager at Island Grove Park, were serious and were known to her and her client. On the suggestion that there be a post- ponement of the request to allow for resolution of the issues, Pam indicated to me that she would support such a request. I recommended that a solution be worked on during this interim period with the City and others. The proposed Use by Special Review and "mitigation plans" could then be presented to the County. The referral of the Use by Special Review to the City is scheduled to be heard by our Planning Commission on March 23 , 1993 . The Commission' s comments would be transmitted within a few days after this meeting. Your assistance on this matter is greatly appreciated. S 'ncerely, Henry M. Epstein, AICP Planning Administrator cc: Pam Acre, Tuttle-Applegate Rick Augustine, City of Greeley Parks and Recreation Director Greg Flebbe, City of Greeley Planner II Dick Quaco, City of Greeley Island Grove Park Facility Manager 9 ' �niV y I - L3 1 R 199.5 DEPARTMENT OF PLANNING SERVICES WI PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check theappropriate boxes below and return to our address listed above. 1.X(/ We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the fo lo/wing/ reasons. A s� s h s� 1 riles- i.t 'i L- ryn 4ItL c...f//jru..�{f �• pri r -fo exCY-' 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. Please of r to the enclosed letter. Signed: Agency: Date: VZ� 43 ��rtiV� 1\1 MAR 0 8 1993 9304 p r � . �.` DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 FEB 1 9 WELD COUNTY ADMINISTRATIVE OFFICES iiiiipe. 1400 N. 17TH AVENUE w� GREELEY, COLORADO 80631 suNi COLORADO 4 MAR 1 ? 1993 Li iI ..r- L February 16 , 1993 CASE NUMBER: USR-1001innily TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. 4Ja- v ve reviewed this request and find that it does does not) comply with our Comprehensive Plan for the owing reasons. jib 4 ft 4 - 4 4 iA Apr , �e ,.r. I, e> e. 1�— w 1 2Trn�� it S iv <r ( �� ' > � � � � �i 1 '3/4.00,C.1% t�LYY,,YI �,o-v‘,-r il Kr .u,' 1\{, .dci iZ ., - l� 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. Please refer to the enclosed letter. k � _: Z�Signe V(✓4U-t�-<< Agency: Of,IC , % v "t I. t '� 'S(, ,�' �W7 Date: (i' '—/Cj / 1.3 sawn ( t '\ DEPARTME - Q L9AIvit G SERVICES VIED ht,., P (303) 45, EXT. 3540 W COUNTY ADMINIST IVE OFFICES FEB 19931400 �.9 TH AVENUE O • a R[ Y, CO RADO 80631 COLORADO �1�h'i/ February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. I 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. Please refer to the enclosed letter. Signed: . ; l-24p ,r //� . : .-nuc � Agency: 4.1).4,,,..// .es / /71.1 S(.-2) Date: ,3 7/4 / u `li ti lMAR 1 0 1993 ., ! we s.,fllanninr i 93047.3 �_ BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1001 NAME: Bucklen Equipment Company ADDRESS: 804 North 25th Avenue, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a dry pit gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1 and 2 of the SE4 SW4, and Lot 3 of the NE4 SW4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to "C" Street, east of and adjacent to 21st Avenue. be continued, based on the recommendation of the Department of Planning Services' staff until April 6, 1993. The applicant was to legally advertise with a sign to be posted on the property ten days prior to the hearing date, this was not done. Bill O'Hare seconded the motion. Vote: For Passage Against Passage Richard Kimmel Bill O'Hare Judy Yamaguchi Juliette Kroekel Don Feldhaus Shirley Camenisch 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 March 16, 1993. Dated the 16t of Marc , 1993. - 4-P Sharyn F. Ruff .fin 04 dry Secretary 83 3 DATE: March 16, 1993 CASE NUMBER: USR-1001 NAME: Bucklen Equipment Company ADDRESS: 804 North 25th Avenue, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a dry pit gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1 and 2 of the SE4 SW4, and Lot 3 of the NE4 SW4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to "C" Street, east of and adjacent to 21st Avenue. The Department of Planning Services' staff requests that this case be continued until April 6, 1993. Proper legal notice was not posted ten days prior to the hearing, as required. 930473 pi et �g Lam°Q II II I 1 HW AY 85 -� tl �_. ST ATE M _ G _ — - - _I v // � �� it 1. �w — a ;i�'� 1 -a r n - is Fz C i,� ;� � o LL m `FZ it.,Te.t coo_ w �� C-=' I 7 K So 0 fl [ c; i± r _ ..ti,. 0 riTh aa. \ LL-3 . -LE •!� . .. t wa- w )n i U ��/ + ]�•. � O<0 ¢Mai7❑ loft Lam. ttWJ woF iris' a� P� /7' ursi 0o 3• I� STl 'Q <WT n• - <tl� •�. .A j<X•i... -�S. L �...o• .�C7 ,fq6 a �?' _� ym Z� : IY ♦ :AYH. ( o �r a ac l-1: : '`c aL • y 4 -' . . YC . n s.� f Wes . ( I I ! a. � W 1 _ I� �- #� " a � i W '�i�J ¢X< W EJ Iti�il(12 Y• 7 Ip 3 I 0� ill Q wl� F- Q . _ °, o WJX OF-F. + 15 • " EL 4 . • ;tiazz d ___/: 1rah aEuv_1� P_ /W2¢ 0 W • E o J]]l ' o�� 4 Z WI 0 --------------- o —r �■�r --- 0 / 0 04-29-1993 08:17AM FROM TO 63510978 P.02 COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley April 28, 1993 VIA FACSIMILE Mr. Keith Schuett Weld County Planning Department 1400 North 17th Avenue Greeley CO 80631 Dear Keith: Bucklen Equipment Company Bufferina and Screening Plan Our office has reviewed the buffering and screening plan for the proposed Bucklen Equipment Company gravel pit. we have no objection to the plan: the only question that we have is whether either the north or west side of the pit is in either the flood- way or the floodplain. If only the north or west side is in the floodplain, isn't it possible to have a fence? I would agree that a fence cannot be in the floodway. I appreciate the opportunity to review the plan. If you have any questions, please feel free to contact me at 35O-9782. Sincerely, Gr lebbe Pla er IT kb TOTAL P.02 APR 29 '93 08:16 PAGE.002 930473 4522759 TUTTLE APPLEGATE INC 678 P02 APR 19 '93 09: 19 = i _ _ TUTTLE APPLEGATE, INC. MEW Consultants for Land and Resource Development April 19, 1993 Mr. Keith Schuett Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Bucklen Equipment Company Buffering and Screening Plan Dear Keith: The following information is a description of the suggested buffering and screening plan for the Bucklen Equipment Company Pit. The perimeter of the property adjoining other owners, Island Grove Park excluded, currently has or 'will have a six foot chain link fence installed for security. The north and west sides cannot have any solid visual screening due to the location of the floodplain. FEMA does not allow any structure that would impede the flow of water in the floodplain. The south boundary will have topsoil stockpiles located as shown on the enclosed map. These stockpiles will be approximately four to five feet in height. This height is dictated by the width of the setback which is 25 feet. Also enclosed is a typical section of the stockpiles and the mining pit showing the relationships between height and width. The west boundary will have a topsoil stockpile located opposite the residence of Mr. Philip Kizer as shown on the map. This stockpile will also be four to five feet in height as dictated by the 25 foot setback. The processing plant will be located down inside the excavation area. The plant will sit a minimum of ten feet below existing grade at all times. With the plant being located below grade and four to five foot high stockpiles along the perimeter of the south and west sides, this should provide sufficient screening of the operation. In addition, there are no frequently traveled public streets adjoining the property and the City of Greeley has plans for Island Grove Park to acquire the properties along the southern boundary of Mr. Bucklens' proposed mining area. 11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303 ) 452-2759 APR 19 '93 08:20 4522759 PAGE.0Sj(4'73 4522759 TUTTLE APPLEGATE INC 678 P03 APR 19 '93 09:19 Mr. Keith Schuett Weld County Planning Department April 19, 1993 Page 2 We feel that these plans should satisfy the requirement of a buffering and screening plan for the proposed mining operation. Should you have any questions, do not hesitate to call. Cordially, TUTTLE APPLEGATE, INC. ""rG9 Pamela E. Acre Landscape Architect PEA/sjr Encs. cc; File #91-173 Buck Bucklen, Bucklen Equipment Company 4522759 PAGE .003 19 '93 08:21 .003 930473 4522759 TUTTLE APPLEGATE INC , ,,. . • vi=pitza 678 PO4 RPR 19 '93 09:20 • i .7.7,,,,,,„ �� •• ♦.. . _err ..., •u ..rte- .lY• ' rrS*�.h• r \�\ • • ,� ,r SETYI . .� _ : • 44 _ a e-4.,tro, FONDS . ` � '*'i- .. x PHASE \\\ r • .t .A ., • vik is oiJSE ,`:�y rl‘ . • . , , .,.. DIRECTION .M ' a 4 1 y �'4 ,io . 4.. •OF MINING • • ' •. .,��`'•� x • ,w,%V s i a • M •... i irr � :.r _ r 1 1'yr•'s'R �,y • r'4 v ��Al LIMIT OF MINING ' , E .t v �( 7 _ may. r�,,' a :�' ., r • .'}r/ J X i �-,�,� + C. �.� •, .3-1.4 '• A • C w I P. .f . i • / ' st • • Il " Zolk Ac '� x� .fir ,.f \. ,R tip f, • DIRECTI04 , . { a+ +. ' OF MININ ! :, ..141,..,..?",t.41.1.4 , . . : .,e ;1, : 4.....yriewpr:, f,, ..n., 4 ,,,, .4 -• , % • ` ', ` rum? ^+' ` • ✓ } d A . y '' ,, u 25 SETBACK Falu i - ..� y \ ' 1 •� 1,..P•s ,y . _y . 6 +•, •d , t • •er:: 4 R'' • G 1 •'.• � .. APR 19 '93 08:21 4522759 PAGE.004 4522759 TUTTLE APPLEGATE INC 676 P05 RPR 19 '93 09:21 1F tsrir 0 2Q -0 f_ APR 19 '93 09:22 4522759 PAGE.005 930473 LAND-USE APPLICATION SUMMARY SHEET Date: March 9, 1993 CASE NUMBER: USR-1001 NAME: Bucklen Equipment Company ADDRESS: 804 N. 25th Avenue, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for an open cut gravel mine. LEGAL DESCRIPTION: SE4 SW4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of "C" Street, east of and adjacent to 21st Avenue. SIZE OF PARCEL: 34.9 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 referral responses from: 1. Weld County Health Department 2. Army Corps of Engineers 3. Colorado Division of Wildlife 4. Weld County Engineering 5. Office of Emergency Management, Weld County Sheriff' s Office 6. Western Hill F.P.D. 7. Greeley Irriation Company. The Department of Planning Services' staff has not received any objections from surrounding property owners. 930473 dd ..t t",, , v ' . ' . 5. GFEA • .WESTERN u:CR, RA/LWAYr I �. •`la• 1 • �xu.4la�;e_� a j. Ie' 'ii7►B. 19 ILY• Jh.. ail s a s ▪° •• •` , • ' 1r• ;'/" a • �. ' . ■ * mean I Loire 1 . • EGTeu•^ F ' � � e. < .° .. I VTI °!° /J !I••.JI • �. i • " ! o I I � _ _• _ _.I _ ;_ - 1 — _ _._._ _ _ __ � •w , _ _._ _ _ •1 - - 1. • tore . 41 i oi a ig io °A I ra'a\''''' ', :NU :" *Th.t. 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REFERRAL LIST NAME: Bucklen Equipment Company CASE NUMBER: USR-1001 REFERRALS SENT: February 16, 1993 REFERRALS TO BE RECEIVED BY: March 2, 1993 COUNTY TOWNS and CITIES Attorney Ault XX Health Department Brighton Extension Service _Broomfield G4 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 _Highway Department Hudson Historical Society Johnstown 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 Platteville Hudson F-7 _Severance _Johnstown F-8 _Thornton La Salle F-9 Windsor Mountain View F-10 _Milliken F-11 COUNTIES _Nunn F-12 Adams Pawnee F-22 Boulder _Platteville F-13 _Larimer Platte Valley F-14 Poudre Valley F-15 EEDERAL GOVERNMENT AGENCIES Raymer F-2 4/ X US Army Corps of Engineers Southeast Weld F-16 _USDA-APHIS Veterinary Service Windsor/Severance F-17 Federal Aviation Administration Wiggins F-18 Federal Communication Commission b4 Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER Brighton • X Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. . X Greeley Tri-Area Planning Commission Longmont _ v X Greeley #3 Ditch West Adams COMMISSION/BOARD MEMBER • X Tom Rulon 930473 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD I TRATIVE OFFICES O %J • TH AVENUE C GREELEY, C• DO 80631 MAR 0 4 1993 COLORADO mg,IA,A_-,4 plaaAlni* February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. ✓ Please refer to the enclosed letter. Signed: (X, Agency: C,vwo.., O4 Date: 4>_(S 930473 STATE OF COLORADO REFER TO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES C,eNa� p DIVISION OF WILDLIFE o i AN EQUAL OPPORTUNITY EMPLOYER 3 - y Perry D. Olson, Director let P 6060 Broadway 4 OF'a Denver, Colorado 80216 Telephone: (303) 297-1192 Forldlife— Larry Rogstad, District Wildlife Manager March 2, 1993 ForPeople Mr. Keith Schuett, Current Planner Weld County Department of Planning 1400 North 17th avenue Re: USR-1001 , Anmended plan for Bucklen Pit Greeley, Colorado 80631 Dear Keith, I reviewed the amended mining plan, M-82-131 , submitted by the Bucklen equipment Company. The plan includes a letter from the Division of Wildlife dated September thirteenth 1991 . I drafted that letter in response to a proposal to remine the gravel pit on the west side of Island Grove Park. This site is not included in the current proposal. Site B in the current plan, as I remember, would coorespond to parcel B mentioned in the 1991 letter. The Division would agree with the applicant's plan to reclaim the pond on site B with 3:1 sloping if the primary use of the pond will be private recreation. The other elements in the 1991 letter can be incorporated to increase the value of the new pond for fish, wildlife, esthetics and recreation. The Division's only objection to the plan under current consideration is the use of Russian Olive and Siberian Elm for reclamation in a riparian site. These species tend to take over in wet settings, provide relatively little wildlife value, and in the case of Siberian Elm are prone to disease and infestation by insects. It is common for these trees to colonize wetlands on their own. Many communities discourage their use in wetlands for these reasons. The City of Greeley Forestry Department would, I believe, prefer the deletion of these sp- ecies from the reclamation plan on this site. You can contact Joe Lohnes, the City Forester, or his assistant, Karen Scopel for their opinions on this matter. Finally I would like to thank the Bucklens and their consulting engineers, Tuttle Applegate, Inc. for the opportunity to participate in their planning process. Please let me know if the Division can be of further assistance Sincerely, Larry Rogstad cc Rick Moss, DOW Joe Lohnes, City of Greeley file • DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell,Vice Chairman • Eldon W. Cooper, Secretary Felix Chavez, Member • Rebecca L. Frank, Member • Louis F. Swift, Member• George VanDenBerg, Member . Larry M. W30473 DEPARTMENT OF THE ARMY *co ""' A. CORPS OF ENGINEERS,OMAHA DISTRICT �%� �� .� �< 2 TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 1 21 i' I` 'O` wl LI TTLETON,COLORADO 80123-6901 AC j; ♦` REPLY TO January • 27, 1993 °--, ��„s' ,N�4 A-ITEIff10N OF Carl B. Mount Division of Minerals and Geology 1313 Sherman St., Room 215 Denver, CO 80203 Dear Mr. Mount: This letter is to inform you that the proposed activity, Buckien Equipment Company pit, permit No. M-82-131, by Bucklen Equipment Company assigned number 199380032, will not require a Department of the Army (DA) Permit. This project is located in Section 31, Township 6 North, Range 65 West, Weld County, Colorado. se,:44o. 3� 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, 4^ Timothy T. Carey Project Manager Lai 4 FEB 2 2 11 9L93 II saLoin -- ___.,-._r._ G B Fs CO “11J n--)--2-5------ �'l� w5 . Y ` // Zi al � i ,� �a - La ` o I 1 i ii.: \ Li if .\ _. _a ' _55.$55 — -- -- ( ' t x ( 7 %:J JC1 G •:.tj• G —� J�P L v • ra 1"4 r1 5555 5555 v -... :\tmjam''-, t! �-_ a o (14:11 tr- �_ _ era f i F# s Q; / I ry Y T"'''' '° .5iJJr.��. -sue 'i' +m ? ,1 ` y !(/-.---e-0-1- 5555 - �'3 Fr:. 0 1 1 qq .�/ -,1 ° : ._� Ih55.30N3-AY H1HDI3 � ' `x yam` ., : 55. ... m 1 •.( P m. z1/ I�� -/ 5555 _5555... - 1 :I' r - ( ! Q ,y _ i 1'- �i�� i. �4• \ 55'55 uerl) �r1 '. 3f1N3AY UUIHl ASN3M1 �% m l co � i � /` __ -a". /� � I I 5555. �11r� \ 1` • �> r sn 1 �l �I `7'6..i4n 6 y`'.+ lz., a re . 7Qic /`— I- d �IIQ Grad r • C (. 5555/ +(- f '• _ C.- 'r T —_ ' 77/ Y (a. - B IUiBII�'I�� J Z ,t ti?• •, u /• . . .C ._ � ' r a 1qI pll�hlll O J . 0 1 .wd s, 1 u' ; ,� Ry .II H I ry c r 1 a y 4� �` I ; Y� . �. i' • ; LI �/ w Q '.r. t 6° ' °� .:I- ,M. --• x, 55 55 F- v ao r Cd �� " "VVI ' Liz., I ` 5555" �.�O i l i _ �01•� ,. 1.0 i 7-.--• �':"1 / it 'Y• 5555 - pr. I 55551755. ` . : m F 1 ---,,.....55 G ", ::..: .4___ni..i---.7-ff' I- • ' �ir3.:l:•oq ; o /Pt it 0.. 5501 i ^' • • 8304"1 F-a�'''=ut .... z`-.w%,. 3ii#�.s�hi.+k:icz�i`m;,".vs u»ij % _ �,grF•r�r> > , l , ..'S r ,-s,.r4^ ' _ Tc �, , :.:r .- `'r mEmoRAnDum VI 'oc. Keith A. Schuett To Weld County Planning Date February 18, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental H Subject: Case Number: USR-1001 Name: Bucklen Equipment Co. 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. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust shall be controlled on this site. 5. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 6. Adequate toilet facilities shall be provided for the employees. 7. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the increased operation. 8. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. 9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 10. After October 1, 1992, all construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 11. An adequate and safe water supply must be provided for the employees. JSP/jg-332 oin FEB 2 21993 1 +r.e.r-.Aa.flhnninr 931473 4/ . .7‘.....4%.4) it i\C 14° DEPARTMENT OF PLANNING SERVICES Wilk PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. Please refer to the enclosed letter. 1 � Signer:- Ito ).( Ar. 1C-% Agency: J£ utiTh CC�� ,)\ F .\7.tp . Date: c`2-18-c10, 7 � 1�� K\Y/�a FEB 2 4 1993 1/ Asa mEmORAnDum Wine Keith Schuett To Plannin -- ce March 3, 1993 COLORADO From Drew Scheltinga Subject: Bucklen Equipment Co. (USR 1001) The county roads in the area of North 25th Ave. , 'C' Street and 'F' Street will be impacted by traffic generated from gravel mining operations using heavy trucks. Gravel operations are required to enter into a Road Maintenance and Improvement Agreement (RMIA) with the County to mitigate the impact created by heavy truck traffic. Haul routes overlap between different gravel operators, therefore, the existing haul routes are difficult to manage. Attached is a RMIA in the immediate area that was recently approved by the Commissioners. It should be used as a guideline for an RMIA for this application. DS/pds:mkeith cc: Commissioner Baxter File MAR 05 1993 II) ,,_L,,, "'mi.,Alianninr 930473 (ros 6-- DEPARTMENT OF PLANNING SERVICES PHONE(303) 353.3845 EXT. 3540 UNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE FEB 2 2 1993 GREELEY, COLORADO 80631 COLORADO ,� �__:., .ne„11^;p" February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. X Please� � refer to the enclosed letter. l`Vl Signed kN ` V. Agency: COI" P S %_ aee`' S Date: Fe-)O \S ) 1Q4-3 G� 930473 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 1400 N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. Please refer to the enclosed letter. Signed: , `/4 /Y`- — Agency: Cc 'e c'C/< f i �/ Date: (' Z /,47,3 FEB 2 3 1993 930473 cl(1( DEPARTMENT OF PLANNING SERVICES ' PHONE(303)3533645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural ) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. X A formal recommendation is under consideration and will be submitted to you prior to: April 6 , 1993 5. Please refer to the enclosed letter. GREE EY IRRIGATAON COMPANY Signed: BY T L uhk�- )6 K QmX Secretary Date: February 26 , 1993 _ " MAR 0 1 1993 ... .4,-nd„nNIIiA. 930413 miss sure AFFIDAVIT OF PUBLICATION Ma:aft awe,awe STATE OF COLORADO alas ss Mla public heel*lrM COUNTY OF WELD M held In time $oN ConmYaYhre' I, KEITH HANSEN, of said County of Weld,being duly Rea tom, -weld Celt/t7t/ sworn,say that I am publisher of CeSMnlal COM*DU Tate Street,®wMey. WINDSOR BEACON Olin ado. Commie w 03810Pns related le fiew'request sheet a weekly newspaper having a general circulation in said be submitted In writhe County and State, published in the town of WINDSOR, to the Weld Cony in said County and State; and that the notice, of which Departmefleeces, d Tedp the annexed i a true copy, has been published in said SNvleas; ats Tenth Street, Room 342, weekly for successive weeks, that the notice Greeley, Colorado was published in the regular and entire issue of every *at before the thew number of the paper during the period and time of duty or presnMda►O. wrest prie s hearing se Minh publication, and in the newspaper proper and not in a Of POW IC x.093: supplement, and that the first publication of said notice The Weld Ca"_Cdglea of thewas in said paper bearing the date of the Maiming ComtaMaing for lon are wale ry .�-p _ AD., 19 q' and e�anid apubic hearing for public inepeMMt.r "- day of an Tuesday,Mardi 18, the Department el the last publication bearing the date of the Me,at 1:30 p.m.for Planning Services,1400 Used purpose of N. . 17th Avenge, eehaidering a Site Greeley, Colorado day of , A.D., 19_ and Specific Development 80831 -Phone - 333- that the said WINDSOR BEACON has been published Pie and a Special 3845,Extension 3510. continuously and uninterruptedly for the period of 5 Review permit for an apse ait gravel mine In Judy Yamaguchi; consecutive weeks,in said County and State,prior to the the A(Agecuxuree zone Chairperson, ' Weld date of first publication of said notice, and the same is a dell for the property County Planning newspaper within the meaning of an Act to regulate described below. Commission ?Wovy of the request printing of legal notices an advertisements, approved may create a vested--AW Weed- In IM May 18, 1931,and all prior Sts r as in force. property NM pursued Minder Season en lo Colorado Law. pahnatry 25,leap. APPLICANT: Buckle EishmentCompany. P USHER tt PLC f t E 41 Subscri d and sworn to before me this f9 day ten 31,TeN,row of ` ,Sit-t-t.,c i 19 91-- or the eth P.M.,Weld //!1 Carry,Colorado. htA r YJUlN.0 TYPE AND INTENSITY NOTARY PUBLIC QF PROPOSED to la the icul i AIN GUI gravel eft My commission expires , �� '9`T arrrdatrid. MAR 0 2 1993 • .,. , • n;annin, 930473 PLANNING COMMISSION SIGN POSTING CERTIFICATE T 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 PLANNING COMMISSION HEARING FOR CASE # LJ loot THE SIGN WAS POSTED BY: l�l; P„ NAME OF PERSON POSTING SIGN d 60. LLLC We1J . 1�1 � SIGNATURE OF APPLICANT STATE OF COLORADO 1 1 88. COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS2N17-1__ DAY CF J - 19{1-2) . SEAL ��+-� NOTAR� 1) MY COMMISSION EXPIRES 5 -:).1 - 1637 LAST DAY TO POST SIGN IS: H A 12.(i14 l.p , 19 'A 72j. 930473 ta0-0\( ‘Wr DEPARTMENT OF PLANNING SERVICES I PHONE(303)3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES O • 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 16, 1993 Mike Applegate Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, CO 80233 Subject: USR-1001 - Request for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district on a parcel of land described as part of the SE4 SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Applegate: Your application and related materials for the request described above are being processed at the present time. I have scheduled a meeting with the Weld County Planning Commission for March 16, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Please call Hank Epstein, at 350-9783, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to March 4, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than March 6, 1993. 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. Your sign posting certificate must be returned to. the Department of Planning Services' office on or before the date of the hearing. 930473 Bucklen Equipment Company February 16, 1993 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, chue urrent Planner KAS/sfr 930473 ftDEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 EY N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO DATE: February 16, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1001 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 16, 1993, 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: Bucklen Equipment Company FOR: A Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 31, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of "C" Street, east of and adjacent to 21st Avenue. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Keith A. Schuett, Current Planner. 930473 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 USR-1001 for Bucklen Equipment Company, Inc. , in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 16th day of February, 1993. • 93047'3 SURROUNDING PROPERTY OWNERS AND/OR MINERAL OWNERS/SUBSURFACE ESTATE Bucklen Equipment Company USR-1001 Bucklen Equipment Company, Inc. 804 N. 25th Avenue Greeley, CO 80631 Douglas L. Heil 2163 C Street N.W. Greeley, CO 80631 Richard F. and Susan M. Bucklen 541 N. 21st Avenue Greeley, CO 80631 Ralph A. Cowan 2326 - 24th Street Road Greeley, CO 80631 Abstar R. Diengdoh 322 North 21st Avenue Greeley, CO 80631 Domingo L. and Sally Duran 300 North 21st Avenue Greeley, CO 80631 R.V.S. Company, Inc. 2122 - 40th Avenue Greeley, CO 80634 Philip J. Kizer P.O. Box 1221 Greeley, CO 80632 Marjorie E. Parsons 2118 "C" Street Greeley, CO 80631 LeRoy R. Franklin dba Franklin Cement Finishers 121 North 25th Avenue Court Greeley, CO 80631 930473 SURROUNDING PROPERTY OWNERS AND/OR MINERAL OWNERS/SUBSURFACE ESTATE Bucklen Equipment Company USR-1001, Page 2 Jessy M. and Ester L. Paddock c/o Stanley L. Paddock 327 North 16th Avenue Greeley, CO 80631 Paul E. and Carol S. Hlad 817 Tenth Street Greeley, CO 80631 Colorado and Southern Railway Company 1405 Curtis Street Denver, CO 80202 City of Greeley 1000 Tenth Street Greeley, CO 80631 Short and Milne c/o Flatiron Company 4770 Baseline Road #300 Boulder, CO 80303-2669 Flatiron Sand and Gravel Company Attention: Mike Hart Box 229 Boulder, CO 80302 Curtis Strong P.O. Box 10 Platteville, CO 80651 Curtis E. Strong c/o Strong Farms 800 North 11th Avenue Greeley, CO 80631 930473 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. The foregoing instrument was subscribed and sworn n to before me this 1.,th day of 2Cn w b ems_ , 19 91, by jr -io. i't1C . WITNESS my hand and official seal. My Commission expires_ My vommissiof Expires September 9, 19e4 `Notary Pub Ile 930473 PROPERTY OWNERS WITHIN 500 FEET OF PERMIT AREA 1 . Bucklen Equipment Company, Inc. 0803-31-300-018 804 North 25th Avenue 0803-31-300-019 Greeley, CO 80631 0803-31-300-023 0803-31-300-003 0803-31-300-024 2 . Douglas L. Heil 0803-31-300-004 2163 C Street N. W. Greeley, CO 80631 3 . Richard F. & Suean M. Bucklen 0803-31-300-011 541 North 21st Avenue 0803-31-300-013 Greeley, CO 80631 0803-31-300-014 4 . Richard F. & Suean M. Bucklen 0803-31-300-012 804 North 25th Avenue Greeley, CO 80631 5 . Ralph A. Cowan 0803-31-300-015 2326 - 24th Street Road Greeley, CO 80631 6 . Abstar R. Diengdoh 0803-31-300-020 322 North 21st Avenue Greeley, CO 80631 7 . Domingo L. & Sally Duran 0803-31-300-021 300 North 21st Avenue Greeley, CO 80631 8 . R.V.S. Company, Inc. 0803-31-300-022 2122 - 40th Avenue Greeley, CO 80634 9 . Philip J. Kizer 0803-31-301-001 P. O. Box 1221 Greeley, CO 80632 10 . Marjorie E. Parsons 0803-31-303-003 2118 "C" Street Greeley, CO 80631 11 . LeRoy R. Franklin 0803-31-405-002 dba Franklin Cement Finishers 0803-31-405-003 121 North 25th Avenue Court Greeley, CO 80631 12 . Jessy M. & Ester L. Paddock 0803-31-409-001 c/o Stanley L. Paddock 327 North 16th Avenue Greeley, CO 80631 973 13 . Stanley L. Paddock 0803-31-409-003 327 North 16th Avenue 0803-31-409-004 Greeley, CO 80631 14 . Paul E. & Carol S. Hlad 0961-06-201-001 817 Tenth Street Greeley, CO 80631 15 . Colorado & Southern Railway Company 1405 Curtis Street Denver, CO 80202 16 . City of Greeley 0803-31-404-001 1000 Tenth Street Greeley, CO 80631 17 . weld County 0803-31-300-017 915 Tenth Street Greeley, CO 80632 18 . Short & Milne 0805-36-000-027 c/o Flatiron Co. 4770 Baseline Road #300 Boulder, CO 80303-2669 19 . Flatiron Sand & Gravel Co. 0805-36-100-013 Attn Mike Hart Box 229 Boulder, CO 80302 20. Curtis Strong 0805-36-100-008 P.O. Box 10 Platteville, CO 80651 21 . Curtis E. Strong 0805-36-100-009 c/o Strong Farms 800 North 11th Avenue Greeley, CO 80631 72 • �I R66Wi R65W r z/ I 4707•. I {O I., 4/720 i Greeley-Junction 1 • ,(� 0691 / 11 . .‘ _ 46]0 �\ 6 .ed _ 4666 .A.--;;470011 mpeT e 1 B r Inner 46• 46J3 u !.--- -is---pr �. _ —<. 4693 �c• `�1 e • --1."A. (.4660 I 1 46 ° I" 4 r ,) A • 'of - SITE 19j -,- °° " BM LOCATION ' ft _ ; _ f, 0 . - COL°N � 553,4 / c 1 �1a 4648 c\, Dp ANA x • Z O S Oroo d 11',18(V'..1 °�_•\ � � r i?1! ill sa*+�si'" _._ _ �(/•nen R en g-k ' (V'.'. 1, ar, / �• —L T6N ----'I4 674 of L• i— � . "•n. 4667 ;•�0� V 44: 1 V' � T.:464,9 — it I Trailer ( _ �G 7��12�. • r d' 3 IE ��o � . �` Park I 1li s ? ;° M^ai,» ' . I. IL T5N aver nit I }. _ IIs _ ,._:4.4,...r..—,1317:,,, II 1.y-��y Trailer • • �_1si Ti. IN � -4660 Z JI4666 I • a ■ ...I 14652 • ." Ii p i • No q D. 1 J . i W 1 472, ° -' , 4 w e. I 1 II '. ti m,,, i . -4L N 1 a� O I __1 ._ • I. r1 I E_1 1 �.. .,a�� 1'., IE i _ ,� i -.., I 4663�� 465] '� �� .� �— -I IL A I I W _ = I I u z In � - � _ I G RITE F� L E ��ryry I � �� W IP I' 1 L .�. W 11A .. �O cren�wi fr S�Ia ,OCOII�� 42 a II��i�L c A, ‘I J�,N, 46 e..w 6 �' �Sehbol r y .II i�IJ: �.� -e ms- H� •i 7� " ao. is �� : r �J • 4]44 •\• "`rr" - I �1 L r 4660 N = rr L • k ' �; I ... 1 i - 5. .t. II� • o i n n� r 1 ' ll} l . . I\ 7r 0 2000 ED 1'020 N PROPERTY OWNERS ITUTTLE APPLEGATE. INC. pment WITHIN 500 FEET .7±...\ - `1990 let rant and Resource Suite 410 11,990 Gran[ Street, Suite 410 �Dem•er,Colorado 80213 (303NS2-et,,' . 930473 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 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. uLThe foregoing instrument was subscribed and sworn to� before f M.N.-it this 11 r,\ day of 1 J�C jJ.,_ , 19 �, By ' 7+rY C / T� -it WITNESS my hand and official seal. My Commission expires: My Commission Expires September 9, 1994 Notary Public. 9:0473 EXHIBIT P OWNERS OF RECORD OFAFFECTED LAND (SURFACE AREA) AND OWNERS OF RECORD OF SUBSTANCE TO BE MINED Bucklen Equipment Company, Inc. 804 North 25th Avenue Greeley, CO 80631 P-1 930473 \v/i.15 FEB nos lU WELD COUNTY, COLORADO ,.,/1 . 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 11: 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 sand & gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Please see attached Exhibit "A" TOTAL ACREAGE: 58.9 2. Surface owner(s) of area of land describeevd 7S Name:Bucklen Equipment Co Address: r44ee1l , CO SOb5ii' Phone:303-353-0720 Name: Address: Phone: 3. Owner(s) of mineral rights to substance to be msn�e]dQA}�e Name: Bucklen Equipment Co Address: ree ev, C3 OOb31 Phone:303-353-0720 Name: Address: Phone: 4. Source of applicants' legal right to enter and to mine on the land described: Property Deed (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 804 North 25th Ave. Phone: 303-353-0720 General Office address: Greeley. CO 80631 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: MLRD Pe juit #82-131 held by anolicant 930473 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Front End Loaders, several trucks, rr„shers, wash plant, screen plant conveyors and dewatering pimp b. Maximum number of employees: 6 , and number of shifts: 1 c. Number of stages to be worked: 2 , and periods of time each is to be worked: approximately 10 years d. Thickness of mineral deposit: 20 feet, and thickness of the overburden: 4 feet . e. This will be a wet/dry pit operation. dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : 804 North 25th Avenue rs F, r1 streets 23rd Avenue. Other major traffic patterns within city and surrounding county. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Private Recreation b. Source of technical advice for reclamation: Larry Rogstad. Division of Wildlife; Dwayne Newman, West Greeley Soil Conservation District. c. Explanation of Reclamation Process: Sufficient topsoil will he stockpiled prior to mining to redistribute over pond banks after mining. Grading of banks to expected waterlines will be at a 3: 1m:flatter ratio. Ranks will be reseeded with the suggested seed mix & mulched to prevent erosion. Some trees & shrubs will be added for aesthetics & wildlife cover. 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 GcJE-C.O STATE OF 6ID20Adb eLGfctn Signature: Owner/Authorized Agent Subscribed and sworn to before me this 1.5fd day of f p R« , 102- SEAL Bd&.-, UB NOTAR L / My Commission expires S/9I/95 930473 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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 Cletk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this r,th day of , 19 q 1, by i\c&c . WITNESS my hand and official seal. - My Commission expires: My Commission [rDirrs ceptea ar 9, 19 ,4 \\) c. At_ � `Notary Publ 930473 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 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. The foregoing instrument was subscribed and sworn to before me this / day of 1 J..... raa...„ , 19 q :L, By r Tin. )ca C WETNESS my hand and official seal. My Commission expires: My Commission Expires September 9, 1994 Notary Public 930473 JOB NO : 9/ H 7 3 AMMe mos am TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development TELEPHONE: (303 ) 452-6611 flit (303) 452-2759 11990 Grant Street; Suite 410; Denver, CO 80233 LETTER OF TRANSMITTAL DATE: ).0/ C) PROJECT: ierAl PnA.4-^1\--/ / WE TRANSMIT:. THE FOLLOWING: FOR YOUR: (X Attached El Prints (4I Use Under Separate Cover El Originals A Approval ❑ Information Below ❑ Copy of Letter ❑ Information ❑ eg Applications El Review & Comment ❑ Specifications ❑ Material Returned El Recording Mylars ❑ Signature & Return El Change Order ❑ Number of Copies Dated Sheet No. /�rn Description N 1'T 1 tGa1 o f cv't a Ul 1rn 1'1 Z1 5 �, x) �tcre -' 1 GC.4 )--0a-410q3.40 t I oe,.l . ,l�_ flop Pedzw,iV- I1 - .Y ,rz-7166 _ Copy to: ql - r7 3 930413 Copy w/Enclosures to: Signed: ratVv‘. v"l BUCKLEN EQUIPMENT COMPANY PIT -AMENDMENT TO #M-82- 131 APPLICATION FORA MINING USE BY SPECIAL REVIEW PERMIT WELD COUNTY, COLORADO DECEMBER 1992 TUTTLE APPLEGATE, INC. consultents for Land end Resource Development- 930473 BUCKLEN EQUIPMENT COMPANY PIT AMENDMENT TO M-82-131 WELD COUNTY, COLORADO PREPARED FOR: BUCKLEN EQUIPMENT COMPANY, INC. 804 North 25th Avenue Greeley, Colorado 80631 PREPARED BY: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, Colorado 80233 (303) 452-6611 TA #91-173 December, 1992 930473 February 5, 1993 Weld County Planning Services 1400 North 17th Avenue Greeley, CO 80631 RE: Bucklen Equipment Company Pit; Use By Special Review for a Mining Operation Dear Sir/Madame: With this letter we are requesting a Use By Special Review for a mining operation within the agricultural zone. We are including for your use the complete Regular Operations application (amendment to M-82-131) as administered by the Division of Minerals and Geology. This application will fully describe our proposed use of mining and final reclamation. Any additional information as requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and application fee. This amendment is divided into two sites, Area A and Area B. Area A, next to Island Grove Park, will be the only mining pit. Area B, in the I District, will be used only for a temporary processing plant site with material stockpiles. No mining will occur on Area B. The proposed mining operation is consistent with the Weld County Comprehensive Plan. The pit will be supplying aggregate to various users in Weld County. The proposed site is a valuable resource and will be restored to a beneficial use. This operation will not adversely impact the agricultural economy of the County. The reclamation of Area B, which is zoned I, will be compatable with other uses in the I zone. The passive private recreation scheme for the reclamation of the mine pit is consistent with existing land uses as well as anticipated proposed land uses. The pond area created by the mining operation will be for personal recreation only and as such does not need a Special Review permit from the County. The pond will have a surface area of approximately 28 acres and will be fed by groundwater only. We will need to augment water due to the evaporative losses on the pond. These plans are explained in detail in Exhibit G of the Regular Operation application. Sand and gravel mining, agriculture, residential, and passive recreation uses presently surround the property. 11990 Grant Street. #410 Telephone: (303) 452-6611 Denver Colorado 80233 Facsimile: (303) 452-2759 930473 Weld County Planning Services February 5, 1993 Page 2 The application complies with the County Flood Hazard Overlay District Regulations. The reclamation of the pit is proposed as a pond for private recreational use. The creation of ponds is encouraged by the County in floodplain areas. (Later we will submit a Flood Hazard Development permit application.) The proposed use is not located in a geologic hazard area. The site is located in the Weld County Airport Overlay District. The mine pit is proposed to be located in the "A" District. The applicant is not destroying productive agricultural land because the area under question only produces approximately 450 pounds of air dry forage per acre per year compared to possible production figures of 2500 to 3000 pounds per acre per year if the site were in good or excellent condition. The use will not adversely affect agricultural ditches, wells, or senior water rights. The applicant will comply with all conditions of State and local permits thus insuring the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air quality, water quality, noise, on-site mine safety, and reclamation according to applicable State permits. Noise from the processing site equipment at the property line will not be a problem. When the processing plant is located in Amendment Area B the noise will be far enough removed from any residences to not be a problem. When the processing plant is located in Amendment Area A the plant will be more than 500 feet removed from the nearest home, which is also the operators residence. The noise level is not expected to exceed prior operations in the years between 1958 to 1979. All noise at the property line will be less than the agricultural noise standards developed by the State Department of Health. Compatibility with surrounding land uses is insured by location and setbacks. To the north are existing and reclaimed gravel pits. To the east of the proposed site is Island Grove Park, a reclaimed gravel pit. To the south are agricultural lands and some residences. To the west is additional agricultural land, residences, and reclaimed and existing gravel mining pits. The agricultural lands to the south and west will not be affected by the operation. The residences are protected from the operation by the mining setback. This area has been mined since the late 1950s, thus the area is accustomed to the truck traffic. The mining and processing operations will generally work one, eight to ten hour shift, approximately five days per week. Maintenance of vehicals may need to occur after hours. It is expected the operation will employ six workers on-site. • 930473 Weld County Planning Services February 5, 1993 Page 3 There will be no animals allowed near the mining activities at the site. Vehicular traffic and access routes are discussed in the accompanying "Traffic Pattern" statement. (The statement has been provided separately for ease of reference by County Engineering personnel.) There will be no permanent structures proposed with this use. The equipment used is delineated on the Use By Special Review application and in the attached Exhibit D. In order to minimize the visual impact of the operation, the mining is divided into two phases, which will be further divided into stages of approximately three (3) acres each. The stages will limit the amount of disturbed ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular stage the reclamation will begin, which includes the planting of trees and shrubs. Phasing is shown on the attached Exhibit C. Detailed reclamation plans are discussed in the attached Exhibit E and shown on Exhibit F. The pit is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA) and shown on the Flood Insurance Rate Map (FIRM). The site is shown in three zones designated as Zones A4, B, and C. Zone A4 is described as "areas of 100-year flood; base flood elevations, and flood hazard factors determined". Zone B is described as "an area between limits of the 100-year flood and 500-year flood; or certain areas subject to 100-year flooding with average depths less than one foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood." Zone C is described as "areas of minimal flooding." The operator will comply with Sections 53 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. Topsoil stockpiles will be aligned with the general direction of the river flow, therefore, minimizing the potential to increase the depth of backwater from the site. The stockpiles are separated from the Cache La Poudre River by the mining pit, therefore, reducing the potential of the materials becoming buoyant and leaving the site. Approximate sizes and locations of stockpiles are shown on the accompanying Exhibit C of the DMG application. Product stockpiles will be placed near the processing plant when it is moved into Area A. These stockpiles will move as they follow the processing plant around the site. Both the plant and the stockpiles will be located in the bottom of the mining pit. This will greatly reduce the chances of any of this material leaving the site should flooding occur. 930473 Weld County Planning Services February 5, 1993 Page 4 The vehicular equipment will be equipped with fire extinguisher per OSHA regulations. There will be no structures proposed with this use. The site will lie within the Western Hill Fire Protection District. The Regular Operations application Exhibit G discusses the availability of water for dust control, moisture loss, and evaporation loss. Drinking water on-site will be provided by the operator in the form of bottled water. Sanitary facilities are provided at the office and shop buildings located to the northwest of the site, adjacent to 25th Avenue. The property deed is included in the attached Exhibit 0, to demonstrate the applicant's interest in the property. Soils information is included in the attached Exhibit I. The soil does not pose any limitations to the proposed mining use. Cordially, TUTTLE APPLEGATE, INC. Mike Applegate, P.E. MA/sjr Encs. cc: File #91-173 330473 TRAFFIC PATTERNS The Bucklen Equipment Company will be using ten to twenty 25 ton, 18 wheel trucks. The general market area for this pit will consist of the City of Greeley and Weld County. The proposed haul route will enter from North 25th Avenue, travel east past the plant site in Area B and continue southeast along an existing access road to Amendment Area A. The trucks will be loaded with material, then reverse their route to return to the plant site. There they will either unload and return to Area A or proceed to the existing entrance/exit road to deliver the material to an end user, The plant location shown in Amendment Area B will be used when the processing plant is first relocated from its existing site. The truck traffic patterns will not change with the processing plant relocation. When the processing plant is later moved to Amendment Area A, the trucks will proceed directly to the mine site to load and then go directly to the existing exit point along 25th Avenue. The only entrance/exit point to the site is the existing access on 25th Avenue. All haul routes between the mine site and the processing plant are along interior roads. The existing permit area has an approved traffic plan. This amendment will not be adding trucks or trips per day to the existing plan. 930473 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 A: 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 sand & gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION Please see attached Exhibit "A" TOTAL ACREAGE: 58.9 2. Surface owner(s) of area of land des rjbNed Name:B.cklen Equipment Co AddresstdrreeNloeythCa5t1Og3g. Phone:303-353-0720 Name: Address: Phone: 3. Owner(s) of mineral rights to substance nR to be mined G�e Name:Bycklen Equipment Co Address: elNNoevthC85tgOgg Phone:303-353-0720 Name: Address: Phone: 4. Source of applicants' legal right to enter and to mine on the land described: Property Deed (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 804 North 25th Ave. Phone: 101-353-0720 General Office address: Greeley. CO 80631 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: MLRD Permit #82-131 held by applicant 9304'70 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Front End Loaders. several trucks crushers, wash pi pt, srrpen plant conveyors_ and dewatering pump b. Maximum number of employees: 6 , and number of shifts: 1 c. Number of stages to be worked: 2 , and periods of time each is to be worked: gpprnximately In years d. Thickness of mineral deposit: 20 feet, and thickness of the overburden: 4 feet . e. This will be a wet/dry pit operation. dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : 804 North 25th Avenue r, F, n ctreatc 23rd Avenue. Other major traffic patterns within city and surrounding county. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : private Rerreati nn b. Source of technical advice for reclamation: Larry Rogstad. Division of Wildlife; Dwayne Newman, West Greeley Soil Conservation District. C. Explanation of Reclamation Process: Sufficient topsoil will he stockpiled prior to mining to redistribute over pond banks after mining. Grading of banks to expected waterlines will be at a 3:1a .fl atter retin Ranks will b, reseeded with the suggested seed mix & mulched to prevent erosion. Some trees & shrubs will be added for aesthetics & wildlife cover. -_ 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 W�L - STATE OF f A O�D� db Signature: Owner/Authorized Agent Subscribed and sworn to before me this 3" day of f1pR't , 19` 2 SEAL l� NOTARY? UBL� / My Commission expires JF/911955 930473 AMENDMENT TO #M-82- 131 BUCKLEN EQUIPMENT COMPANY PIT APPLICATION FOR A REGULAR OPERATION (112) MINED LAND RECLAMATION PERMIT WELD COUNTY, COLORADO DECEMBER 1992 a TUTTLE APPLEGATE, INC. Consultants fer Land and Resource Development• 930473 BUCKLEN EQUIPMENT COMPANY PIT AMENDMENT TO M-82-131 WELD COUNTY, COLORADO PREPARED FOR: BUCKLEN EQUIPMENT COMPANY, INC. • 804 North 25th Avenue Greeley, Colorado 80631 PREPARED BY: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, Colorado 80233 (303) 452-6611 TA #91-173 I December, 1992 930473 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM 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 five (5) 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. = =x____==sxssx == xxxx =x==xx=mxxsasaxxss==xx xss==s=:s = x s GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. sxxxxaxxxxssxxass=xxxsasxsxa=axxxxsxxa=ax =ease = xx==xxx= xxc 1 . Applicant/operator name: Bucklen Equipment Company, Inc. 1 .1 Type of organization (corporation, partnership, etc.) : Corporation 2. Operation name (pit, mine or site name) : Bucklen Equipment Company, Inc. Pit 2. 1 I.R.S. Tax ID No. or Social Security No. : 84-0723547 3. Permitted Acres: 58.9 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 1550.00 Amendment 3.1 Application fee (see Section 14): Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow) : Sand and Gravel 5. Name of owner of surface of affected land: Richard and Suean Bucklen 6. Name of owner of subsurface rights of affected land: Richard and Suean Bucklen If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: x 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) : x 6th (Colorado) _ 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T6 x North South RANGE (write number and check direction): R65 — East g West SECTION (write number) : S 31 QUARTER SECTION (check one) : NE NW x SE _ SW QUARTER/QUARTER SECTION (check one) : NE NW x SE _ SW GENERAL DESCRIPTION: (miles and direction North and adjacent to the City of Greeley from nearest town and approximate elevation) Elevation 4650 Feet 930473 • —2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: Richard Bucklen Company Name: Bucklen Equipment Company Trip Street: 804 North 25th Avenue City: Greeley State: Cnlnrado Zip Code: 80631 Area Code: 303 Telephone: 353-0720 • PERMITTING CONTACT (if different from applicant/operator above) Individual ' s Name: Mike Applegate Company Name: TIITTT,E APPLEGATE TNC. Street: 11990 Grant Street ' Suite 410 City: Northglenn State: Colorado Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual ' s Name: Richard Bucklen Company Name: Rnrllon agnipmonr Company Tnr Street: 804 North 25th Avenue City: Greeley State: Colorado Zip Code: 80631 Area Code: 303 Telephone: 353-0720 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: 930473 -3- 10. Primary future Cropland(CR) _ Pastureland(PL) _, General Agriculture(GA) (Post—mining) _ Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL) land use Residential(RS) xx Recreation(RC) Industrial/Commercial (IC) (check one): _ Developed Water Resources(WR) _ Solid Waste Disposal (WD) 11 . Primary present xx Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) land use _ Rangeland(RL) Forestry(FR) 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 ) . Pit will be dewatered and front—end loaders will be used to extract the sand and gravel. 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. 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. 930473 -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. 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.5. 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. 930473 r. -5- 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. rd Signed and dated this 3 da of -AOPP'- 400) Applicant/Operator If Corporation Attest (Seal ) By: Richnoad c. eDveg ct4 By: Title: Corporate Secretary or Equivalent Town/City/County Clerk State of (_,oLtRa t° ) ) ss. County of v.;-I uo ) The foregoing instrument was acknowledged before me this L. day of APRie /99 byPi&std F &leKtea) as R£5 2vckttei £ ' ' Qpmfr4Of a . & it1 Notary Public My Commission Expires: Ia( l sri 5- (08/91 ) 2823F '�,� . si 930473 PROPERTY OWNERS WITHIN 200 FEET OF PERMIT AREA 1 . Bucklen Equipment Company, Inc. 0803-31-300-018 804 North 25th Avenue 0803-31-300-019 Greeley, CO 80631 0803-31-300-023 0803-31-300-024 2 . Richard F. & Suean M. Bucklen 0803-31-300-011 541 North 21st Avenue 0803-31-300-013 Greeley, CO 80631 0803-31-300-014 3 . Richard F. & Suean M. Bucklen 0803-31-300-012 804 North 25th Avenue Greeley, CO 80631 4 . Ralph A. Cowan 0803-31-300-015 2326 - 24th Street Road Greeley, CO 80631 5 . Abstar R. Diengdoh 0803-31-300-020 322 North 21st Avenue Greeley, CO 80631 6 . R.V.S. Company, Inc. 0803-31-300-022 2122 - 40th Avenue Greeley, CO 80634 7 . Philip J. Kizer 0803-31-301-001 P. O. Box 1221 Greeley, CO 80632 8 . LeRoy R. Franklin 0803-31-405-002 dba Franklin Cement Finishers 0803-31-405-003 121 North 25th Avenue Court Greeley, CO 80631 9 . Stanley L. Paddock 0803-31-409-003 327 North 16th Avenue Greeley, CO 80631 10 . City of Greeley 0803-31-404-001 1000 Tenth Street Greeley, CO 80631 11 . Weld County 0803-31-300-017 915 Tenth Street Greeley, CO 80632 12 . Short & Milne 0805-36-000-027 ' c/o Flatiron Co. 4770 Baseline Road, #300 Boulder, CO 80303-2669 930473 13 . Flatiron Sand & Gravel Co. 0805-36-100-013 Attn: Mike Hart Box 229 Boulder, CO 80302 14 . Curtis Strong 0805-36-100-008 P.O. Box 10 Platteville, CO 80651 15 . Curtis E. Strong 0805-36-100-009 c/o Strong Farms 800 North 11th Avenue Greeley, CO 80631 930473 \ R66W J R65W - - ':I• 2E-_y ' I 4707 -i• I pp I Greeley Junction • _ ---it i'469I I U. 4670 � �v/-,. y0 I nnr •• 4666 _l �!OJOO M.I1RIper ° i B 4sJa 3- - \\\ Orner 46. ST 9 . _ •' 4693 7. "0 7 466 I . _ -C-- "°•11-11.11( 15 - --N __1� ° 1, SITE 13 ,.,:i "" v � 9M 4672 1 �11Q. \� ° . Si LOCATION ' 4f ^ Co, 4-0/i• q ° • • �23 11 .. �I ) Ise .\v aeae ,,1 Nq " a•t8PitT. • fp .. a so ..1 11 Spring sow,. p B�! ° ° sJ6■ I T6N 4sJ4 I- • R•ri '4667 1 ! `5� 655 .i� Pa'ro r..4648 r _ ParkI: Trauer .s — 79 .^1 •' T N.p. ) ` °a BERN� .yuo•r 3I •°vex it 92 Trailer - l. 1 i ryIrws�1 e,��F <FY Park1__ Wi. , W v. q• . ...4660 Z �4b' r ■ ..� ��9652 • e .i a� I-4 . 0B p II r: : a 9• 'i.� , ,�� s' °o i it •I—"Inr I ``i �I :L_ ' r Ir j, o 'M1 �6�.. .� F�Yrr lay 1�` ',Ii I � mi � 'll '... 4663ID1 I ' ITT iL_J _I Liu L_ � 1� -�' ,^ ,* r - U �.I !�' 1''. 1. I _ J nz 7L W IPI7_t'. �� a } l\ III' Iy� r I A. -I _ I. \• N2- -• Z \ W) I �EIa M�NiI I =I~ Rincolr�l � `' LIJ nkiz L �ry j— 'NT� •4661 61 In-I-1-71.11°' wl1°' r "5' i■ , :'school ::.3c,'..1, I.i, , i r J.� : ,li. 3 s:.-� I u; 4 4�. i .0�a°° H "r�" 4744 � • •\. .'1;117:17,: i .. H = FlY I,r �466G L I � �, . r� �� 4664 l�. i 1 IL IT,I 3 II L :. I:. w ,�^ I iz I 'i to � ,I J ! �<_ i I F 1 t --_ he- I. 11\- : :i IL p` `t �i L j \ u I 0 2000 e 1'.20 N PROPERTY OWNERS \TUTTLE APPLEGATE. INC.. WITHIN 200 FEETose `- `1990 isandarid St■ et, tow 410 ��=111990 Grant Street, Stow 410 'Denver,Colorado 80233 1303)452-6611 9304'73 EXHIBIT A LEGAL DESCRIPTION Amendment Area 'A' All that part of Lots 1 and 2 of the Southeast 1/4 of the Southwest 1/4 and of Lot 3 of the Northeast 1/4 of the Southwest 1/4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., according to the subdivision of lands by the Union Colony Colorado, lying south of the south bank of the old bed of the Cache la Poudre River. This parcel contains 34.9 acres, more or less. Amendment Area 'B' A portion of the East 1/2 of the North 1/2 of the Southeast 1/4 of Section 36, Township 6 North, Range 66 West of the 6th P.M. in Weld County, Colorado, containing 24 acres, more or less. A-1 930473 \ 3c0 f ii2 ) al l— �c (N1 • *,' ro v o ci o ° '? , 04.90. a •7oo� �� QItA A - 1. ee, al) tI \ a \CC • 7a . n m a to ems.. °,S _�. .650 N a0 0° Ira a •0 . m o CL ° J.'�Z R• o j o a0 ')o • J b d 1 o rc ll' o Jv '4.D N a a \ (. 4/ k N:i% • ..! L / '`-1 a Nic-- --,--: ‘, •?. \I..,.H1 •••-r•I • �r ^4 2ryy CP • a ' N o _ o '- \U //� 'w I�UNIO 07•9*. -PACIFIC. • C ° 4 � - ti o% i n f1N3Atl H1H�JI3 ii UUU ` �i se kilo/ ..°.�m �/ il. �i /I ,. M. � � and a _�/ a -i/ may/ `j' • r i w �° / \H rl_ i. !1r 1 a ( I\ \,c} . • � 1 J r. a e aA b 41 __ �� N� �� ' Co i/ I 1 K ini _ , • ■• 0 L _ _ •, \ f ter . ;•• •. �. ` b n Imo/In 17 \I ( / 1 1 l a z b ...arm oip° 'i 'I �,- :/ w 3f1N3Atl UkIIHl A1N3M1 a tolia '....II: .7 I.'•.• .//2.-Yece; IL;17= 7:11-... . 1 N a a �/l lr y-, Y i) V ' Y l Ala n s � V o A ti� �� ' � " _ l ) tl iHTA EXHIBIT D MINING PLAN Amendment Area A is the area to be mined. This area is along the Cache LaPoudre River east of 21st Avenue, north of the Colorado and Southern Railroad, and west of the City of Greeley Island Grove Park. The total area to be mined is approximately 30 acres. Amendment Area B will be used as a temporary location for the portable processing plant while the mining is being completed in the current permit area. Area B will be used for some stockpiling. This area is approximately 24 acres. The proposed mining method will be done as a dry mining operation. The existing mining area has operated as a dry mining operation for the past 10 years. A dewatering trench will be constructed around the perimeter of the mining area by phases and water will be removed by pump to an adjacent pond for settling and percolation into the alluvium. The location of the pond is shown on Exhibit C. The deposit to be mined is the valley fill deposit along the Cache La Poudre River. This deposit consists of sands and gravels with interspersed layers of silt and clay lenses. The deposit is relatively well graded and has aggregates as large as 12 inches and many fines passing the 200 micron sieve. The material will mainly be used as a pit run product. This means there is little crushing or washing done and it is excavated and hauled directly from the site. Occasionally some of the material will be washed and crushed. Approximately 5% of this material becomes reject or waste and is used for backfilling in reclamation. The area will be mined in two phases using scrapers and front-end loaders. We expect the mining to last for twenty (20) years. Phase 1 will start on the northeast side of the property and move to the southeast. Material in the lowlands area along the Poudre River and the City of Greeley Island Grove Pond will be removed and cleaned up first. This area was disturbed by other operators prior to the mining laws. Approximately 8.53 acres will be disturbed in Phase 1. During the initial phase of the mining, there will be very little topsoil to be removed. All overburden and topsoil was removed by previous mining operators. The portable processing plant will be moved into area A during the mining of Phase 1. This plant will be located at the site of the Old Farmhouse. (The farmhouse was given to the Western Hills Fire Protection District and was recently burned for training and practice.) D-1 930473 Phase 2 of the operation will then begin in the uplands farm field as shown on Exhibit C. A dewatering trench will be constructed around the entire parcel as shown on Exhibit C and the area will be dewatered. Topsoil will be stripped and stockpiled along the south boundary of the property. Overburden will be saved in sufficient quantities for reclamation but will also be a saleable material. Only enough material necessary for reclaiming shorelines, etc. will remain on the property. Mining in an adjacent pit is being done with a dewatering trench and pump and has not impacted well owners in the area. The majority of the property owners in the area are supplied water through the City of Greeley. The Poudre River serves as a hydrologic barrier to the north and thus prevents drawdown in this direction. There are approximately 30 to 40 feet of sand and gravel in the deposit. The stratum directly beneath the valley fill deposit is a clay layer that is moderately soft. It is not typical of the blue shale bedrock normally found in pits along the front range. In some areas of Greeley, mining has been continued through this layer to lower deposits of gravel that are claimed to continue down to depths as great as 100 feet. Mining at this site will only reach depths of approximately 25 to 30 feet. Mining will stop at the lower clay layers. The disturbance associated with the project is as follows: TABLE OF DISTURBANCE Major Disturbance Excavated Area for Mining 3.0 acres Overburden Stockpiles 0.28 acres Topsoil Stockpiles 0.28 acres Moderate Disturbance Backfilled Shoreline 1.12 acres Overburden Leveling 0.56 acres Topsoiled Areas 0.56 acres Settling Ponds 0.22 acres Product Stockpiles & Processing Plant 11.4 acres Minor Disturbance Regraded for Planting 14.62 acres Reseeded and Vegetated 1.12 acres TOTAL DISTURBED AREA 33.16 ACRES D-2 930473 The approximate timetable for the mining amendment will be totally market dependent. There are approximately 2,400,000 tons of material on-site. The average yearly sales for the operation will range between 125,000 to 250,000 tons per year. Based on these estimates, the following schedule is estimated: Description Mining Period Reclamation Period PHASE 1 1993-1998 1995-2000 PHASE 2 1998-2013 2000-2015 One lake will be created by the mining operation. This lake will have a surface area of approximately 29 acres. The sequence of mining activities to be done is as follows: 1. A dewatering ditch will be constructed around the perimeter of the phase. 2. A dewatering pump will be installed and groundwater will be discharged to the settling ponds on the north side of the pit. 3. Any topsoil or overburden encountered will be stripped and the amount needed for reclamation will be stockpiled. 4. Sand and gravel will be extracted and transported to the plant for stockpiling. 5. Material may be processed (or not) and will be trucked from the property to end users. The overall mining plan calls for completion in approximately 20 years, Phase 1 taking five years to complete and Phase 2 taking 15 years to complete. Each phase will be divided into stages consisting of approximately three acres. Mining and reclamation of each stage will be done concurrently. When mining is completed in one stage and moves to the next stage, reclamation activities will begin immediately on the completed stage. Grading and backsloping of shorelines will be done using concurrently stripped material or stockpiled topsoil and overburden. Reseeding will be done in early spring or late fall depending on the progress of regrading. Provisions have been made to return the following year and reseed areas where previous reclamation was not successful. The estimated time between completion of a mining stage and accomplishing final reclamation of that stage is five years. D-3 930473 EXHIBIT E RECLAMATION PLAN The operator is also the landowner and resides adjacent to the property. The reclamation plan for this amended area will be the same as the existing permit # M-82-131. The operator will reclaim the land as unlined ponds and use them as a private recreational facility for his family. The reclamation will be done using on-site materials that are to be stripped and stockpiled. Overburden will be used for backfilling and resloping the pond perimeter. The salvaged topsoil will be replaced and graded along the shoreline in depths ranging from 6 inches to 12 inches. Some of the access roads will be kept in place to allow continued use of the property after reclamation has been completed. These roads are shown on Exhibit F. The proposed reclamation for Area A is compatible with the surrounding neighborhood. This area is heavily mined for gravel with the City of Greeley owned property being adjacent at Island Grove Park and a Weld County Gravel Pit located across the river. The reclamation of area B will consist of regrading the area and ripping the areas where stockpiles or equipment sat. This area will be re-seeded to prevent erosion in preperation for uses that are compatible with the I zone. The reclamation performance standards of the site meets the requirements of Rule 6 and will be done in the following manner: Reclamation of separate stages will be done on a five year timetable. The proposed reclamation of the land will be for private recreational purposes. Grading The grading of the shorelines will be done with some irregularities and undulations built in for visual relief. The saleable material will be excavated using 3H:1V slopes. No backfilling of slopes will occur. All slopes will be ripped prior to topsoiling. All grading will be done to minimize erosion and siltation. Best management practices will be used on stockpiles . All erosion that will occur would be confined to the property and not impact adjacent property owners. E-1 930473 All grading and topsoiling of pond shores will be done as soon as practicable by the Operator. The proposed timetables will be followed as long as mining keeps up with market conditions. The operator will reclaim based on keeping the Table of Disturbance within the limits set in the Mining Plan. There is no acid forming material associated with the mining operation and any refuse will be disposed of in an appropriate manner. There are no drill holes or auger holes associated with the project. The Division of Wildlife has suggested that slopes be graded at 5:1, 4:1, and 3:1 in various places. This was in response to the possiblity of the site being used by the City of Greeley for a portion of Island Grove Park. This site will not be used as part of the park; it will be used for private recreation by the operator. The maximum slopes will be at 3H:1V as there will be no public access to the lake. The disturbances to the hydrologic balance will be minimized by the operator. The amended land will be mined in the same manner as the existing mine site. The operator commits to: 1. Comply with all applicable Colorado Water Laws and regulations governing the injury of water rights. 2. Comply with applicable Federal and State water quality regulations. 3. Comply with any requirements of the Clean Water Act and any requirements that may be imposed by the Section 404 Dredge and Fill permits. 4. There are no temporary siltation structures associated with the project, except for settling ponds permitted under the NPDES Permit. 5. There are no earthen dams to be constructed to impound water. Wildlife The mine site is situated along the Cache La Poudre River. The river serves as a corridor for wildlife and numerous species have been sighted as is evidenced by the Colorado Division of Wildlife. The habitat is mainly confined in other areas adjacent to the property and the mining of the land in the amendment will not impact the corridor adversely. The creation of a new lake will positively impact the area by the creation of new riparian habitat and the addition of new wetlands along the shoreline. E-2 930473 Topsolling All topsoil removed from the site will be segregated and stockpiled for reclamation. All stockpiles will be revegetated to prevent wind and water erosion. The material will be placed on the site such that any erosion that may occur will be confined to the property. No woody vegetation will be placed in the stockpiles. The mining plan proposed by the operator minimizes the removal of existing trees. The operator has located the stockpiles in areas to minimize the handling to two times only. If the operator does need to change the location of a stockpile, then the Board will be notified through the submittal of a Technical Revision to the mining plan. The operator will take appropriate measures to ensure the topsoil is placed in a stable manner to eliminate slippage zones and sloughing of material. The quality and quantity of topsoil for the reclamation plan is sufficient to accomplish the proposed reclamation. The property is very fertile riverbottom land with a rich black topsoil. Any fertilizers or growth media will be applied at the rates recommended by the SCS. At present, the existing topsoil appears to have adequate capability to support growth without soil amendments. Revegetation All revegetation will be done in accordance with SCS recommendations to achieve a diverse, effective, and long lasting vegetative cover. The pond shorelines will not need irrigation or soil amendments for long term reclamation. The reclamation choice does not include either forestry or rangeland. The reclamation plan will revegetate all disturbed areas with appropriate seed mixed to minimize erosion, re-establish natural terrain and create usable recreation areas. Reseeding of the property will be done after topsoil is replaced in accordance with accepted planting practices. All grass seed will be planted with a grass drill equipped with depth bands and press wheels. Seed will be planted approximately one-half inch deep and will be drilled between November 1 and April 1. The grass seed mix includes drought resistant varieties and will be planted either in early spring or fall to insure germination. E-3 930473 Grasses planted in early spring should be warm season cover crops. The permanent grass seed should then be drilled into the cover crop in early fall without additional tillage. Grasses planted in the early fall should be permanent grasses and covered with straw mulch at a rate of 3,000-4,000 pounds per acre immediately following seeding. The straw should them be crimped into the soil to control erosion until the grass becomes established. Seed rate mixes and ratios are listed on the table immediately following this discussion. This information was provided by the West Greeley SCD. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed when they reach a height of six to twelve inches throughout the first growing season. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Clusters of trees and shrubs will be planted on the property during reclamation. The trees and shrubs to be used will be selected from the following lists: TREES SHRUBS Russian Olive Antelope Bitterbrush Siberian Elm Fourwing Saltbush Green Ash Hansen Rose Hackberry Rabbit Brush Cottonwood Siberian Peabush Eastern Red Cedar Tatarian Honeysuckle Rocky Mountain Juniper Skunkbush Ponderosa Pine Sumac Scotch Pine Lilac No more than 30% of the total number of the trees and shrubs shall be any one single specie. E-4 930473 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 WEST 9TH STREET ROAD GREELEY, COLORADO 80634 (303) 356-6506 September 4, 1991 RECEIVED Mr. Mike Applegate SEP 1 1 1991 Tuttle Applegate, Inc. 11990 Grant Street Suite 410 __. . . . Denver, CO 80233 SUBJECT: Recommendations for Reclamation of Bucklen Equipment Company Sites Dear Mr. Applegate, Enclosed you will find the seeding recommendation you requested in you August 29, 1991 letter. On this type of site the USDA Soil Conservation Service standards and specifications suggest the following proceedures; 1)The top 8"-12" of topsoil should be removed and stockpiled prior to mining the site. If the soil is to be stored for more than one year, the pile should be seeded to cover to prevent wind erosion and reduce weed infestations. 2)During reclamation the existing contours and drainage patterns should be maintained as much as possible. Slopes should be graded to 4/1 or less. 3)After reseeding, 3000-40001bs/acre of weed free native grass hay should be used as mulch. This mulch should be crimped in to a depth of 3-4". This will help reduce erosion while the grass is germinating. If I can be of any further assistance, please feel free to contact me at the above address or phone me at (303)356-6506. Sincerely, I ' r ''' Dwayne K. Newman Resource Conservationist Enc. cc:SCS file 930473 `C:tl"^1 CO-Er 9t-5 ( Computer-. aft - L..0-US PF7t.••:JU'_. -.'_ .. t_rahSEEnTNG RATE .... RAP' £EEr TNC. P:. WIEY _IN •• OP A7,F7ME. . 0:Ton ..._--^,.c .... �,Ir•• �L�i..Vii:i_.: ..5, Acres : 1 . 0 irriQi^ tati. . P- :. N o. 550 R••tA n ;y e Site ci:.''. Meadow a ing Seethed Prep. Seedino Operation : Appr. Dates- M L d Drill- 4 .i. s`:l T'•..._};. 1. l ni..l_..{..J!.. . Trte.,,seed_. .:_t. ' 't e-- Dr].: '_+ 'rr: 1.=:?^:=...'s Tnterseed- .,.. Spas 6-12" Other- Plan- 1g Cir.,p 1 /4- 1 /2 erti1. .. Ter . Weed Control ] �:v'._.. ....: a s t -. per .-1 . '. i?.'..`��.J. ... . J ti r r•e r:Li_ t,.__i N:i.t. 7;ge ; per crt:. I test Mc....._ng— i 's t l}e.7.' 9_ ..+_tr T:iF.m: so 1 test Type and APP:o:�.nt` Consult : e ms. al. c0.1. M7,: '.••' d :a o i. fee native 1'..-1 V,1:. C. � 1 t:7.`.•'�:' grass=.S� hat ff-moL _..J.- 7Z70-/-0710 1!7.1s/ac A.i= 1 e d- N/A Anchor .! !! (7 ) SEED: G L.,:.',i^ NED u J.; _ . , :.. :r _ +• - PLANNED NED (:L IRED, ! ',?A _.L;'T U SPECIE 8 100% M r)-,-fl,:r;t;.'^ PER AC, f,Pte''=E F'-,r4, SEEDING Al r•i .b.-`. '. e s t-e n �;`!-r t g r. i6. 0 �J 'I7. 00 1. .. ,... F. 0 Miner Sj.deo:at:.. ritam_t 7. 0 it0., 90 1. . :•'_` 'I., 9 Hachta Blue Grams 7. 0 Blackwell Swi. tci•1trass_ 4.5 15 0.68 yet 1. ., D 0. 7 r c-a 1. ...?.i i A].k ,. r+.'_ .ton 1 . C Common G". Neediegrass 10. 0 0.5C, 1 . . r. 100 10. 45 F' A14 ._ . rn JVe ra _ to are r-':r drill!—..o T., I'.T7^ j"' F: .-.c'..:.rt �::..._.. amounts shown in column five (5 ) :f need ;T.T, '}'I 1 1'{-i is r' -t..l€:n .,'�C», calibrate drill i::J��t'.['a ... . .._ ..._.. .._W! needing rate for the dominant species in th_? m P1.'..nn'c::d amounts are per acre. 930473 STATE OF COLORADO REFER TO Roy Romer, Governor 0'0 Ma DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE cv AN EQUAL OPPORTUNITY EMPLOYER 3 - Perry D. Olson, Director Qv 6060 Broadway . Denver,Colorado 60216 SOON OF Telephone: (303) 297-1192 RECEIVED For Wildlife— Larry Rogstad For People 1528 28th ave court SEP 1 3 1991 Greeley, Colorado 80631 Mike Applegate Tuttle Applegate Inc. 11990 Grant St. suite 410 Denver, Colorado 80233 Re: Bucklen pit/Island Grove Park Dear Mike: I have been on this site many times during the last nine years, and am familiar with the existing pits. I also spoke with Dick Quaco, City of Greeley, about their plans for the eventual use of this area for recreational purposes. The existing large pond currently contains a diverse warm water fishery including: sunfish (mixed species) , largemouth bass, crappie, black bullhead, carp, suckers, and a variety of forage fish. Additionally, one can find several species of reptiles and amphibians associated with the pond and adjacent shoreline. A riparian area of approximately three acres can be found sit- uated between the Poudre River and the north pond. This area is characterized by cattails, sedges, wetland grass species, cottonwood/willow growth, russian olive and boxelder. Several species of songbirds can be found in this area throughout the year. Raptors also roost and hunt from the trees in this area. No nesting activity by hawks has been documented in this area. A variety of mammals also use this area including: racoon, fox squirrel, rock squirrel, red fox, beaver, small rodents, bats and whitetail deer. Surrounding the ponds, one can find a variety of woody vegetation predominated by russian olive. These trees provide food,cover and nesting space for a wide variety of animals. The trees also provide shading to the pond. Shorelines are steep in many areas of the pond, and should be considered unsafe for recreational purposes. Much of the shoreline can be described as highly disturb- ed with bare ground interspersed with patches of "weedy" cover. It should be mentioned that bald eagles have a winter roost on the north side of the river approximately 4 mile from the site. Mining activity on the Bucklen' s pit and the county pit does not seem to disturb the birds, however. Therefore mining activity DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell,Vice Chairman • Eldon W. Cooper, Secretary Felix Chavez. Member • Rebecca L. Frank Member • Louis F. Swift, Member• George VanDenBerg, Member • Larry_M. Wright, Member 30473 at the Island Grove site should not disturb this roost either. Parcel B at this site contains irrigated pasture/crop land. Consequently, this area is of marginal value to wildlife. Waste grain left after harvest provides food for wildlife. Ditch banks and culverts probably provide den sites for striped skunk, fox, and other small mammals. Conversion of Parcel B to a gravel pond for recreational purposes could actually be considered an enhancement in terms of fishery/wildlife value. The Division would recommend the following to maximize the rec- reational/wildlife potential for this site after mining is complet- ed: 1 . The riparian area adjacent to the river should not be mined. It provides important habitat for wildlife and potential for an interpretive trail. 2. The berm/road situated along the north shore of the large pond should be removed. Fill from this berm could be used to decrease the steepness of the slope along the north shore of the pond. It would also provide a more natural transition from the riparian area into the pond. The result would be a safer shore for fishermen and an increased riparian zone. 3. Sloping along the north shore should be banked at 5: 1 or shallower to increase wetland edge. 4. Other shoreline areas should have a variety of slope ratios. This would create shoreline heterogeneity. Shallow transition areas would provide habitat for emergent aquatic vegetation, while the steeper areas would provide easy access for fishermen. For safety purposes, maximum slope should be 3: 1 . 5. Shorelines should be highly irregular. Pond bottoms should also be irregular with steep areas interspersed with shallows and shoals. Shoals provide important spawning habitat for fish. As the water level receeds throughout the year shallows will become exposed providing feeding and loafing areas for turtles, shorebirds and other waterbirds. 6. Large and small islands should be left in the pond(s) to provide resting/nesting space. 7. Trees should not be removed unless necessary. Large trees that must be removed should be kept on site for reclammation. Trunks from trees can be placed in the pond bottom to provide fish structure. Alternatively, the trees can be placed in the pond shallows to provide loafing areas for amphibians reptiles and birds. 8. Reclammation plans should include replacement of harvested trees on a minimum 1 : 1 basis. Replacement trees should include a variety of species suitable to riverbottom areas. 930473 9. It would be advantageous to place fish structures in the pond bottoms before they are allowed to fill with water. The Division can provide design and possibly assist with placement of fish structures. 10. Shorelines should be revegetated with a variety of suitable grass and forb species rather than a monoculture stand of grass. Woody plants would also increase'edge in upland areas. 11 . Finally, the Division would appreciate the opportunity to salvage fish from the existing pond prior to dewatering, if possible. The Bucklen Company and the City of Greeley have an opportunity to create an attractive recreational area, improve the wildife potential for this site and at the same time remove and utilize a valuable mineral resource. Hopefully the recommendations found in this letter will help achieve these goals. Please let me know if I can be of further service. Best Regards, Larry Rogstad Ler/lr pc: Dick Quaco, City of Greeley file • 930473 EXHIBIT G WATER INFORMATION Surface Water The mine site is located adjacent to the Cache La Poudre River. The subject property is reasonably flat pasture and cropland. The 100-year floodway extends over the northern 1/3 of the site. Flood levels from the 100-year runoff are about two to four feet deep across the northern end. Consequently, low velocities would be expected in the floodplain with the exception of the main channel area of the Cache La Poudre River. The floodplain extends over the northern 1/2 of the site. The topsoil and overburden stockpiles will be located at the very southern end of the site, aligned with the general direction of flow, to limit obstruction of the floodplain and limit erosion should any floodwater reach that depth. All drainage originating from the site will be routed to the excavated pit. Sediment resulting from on-site and off-site erosion will also be intercepted by the pit. Groundwater The Bucklen Equipment Company, Inc. pit is located in the Cache La Poudre River alluvium and the water table is at or near the surface early in the spring and recedes to as deep as 48 inches in the fall. Water will be encountered when excavation below the water table occurs. During mining the pit will be dewatered and water will be pumped to a settling pond where it will be allowed to infiltrate back into the ground. If necessary water will also be pumped directly to the river. The applicant owns water rights on the subject property and intends to use them as the source of augmentation water. The majority of the adjacent property owners are supplied potable water through the City of Greeley. The adjacent land owners, who operate wells, should not be adversely impacted by the operation. The final use of the site will be for a private recreational pond. G-1 9110473 Evaporative Losses 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 annual evaporation is 42.0 inches at the subject location. 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 Greeley. The annual mean precipitation is 12.68 inches/year. Effective precipitation was determined in order to compute the net lake evaporation. Effective precipitation was computed as 70% of the total precipitation. Effective precipitation was then subtracted from the gross evaporation to obtain the net evaporation. The net annual evaporation from a lake surface at the subject site is 2.76 ft (33.1 inches). The calculation of future evaporation should also be reduced due to the freezing of the gravel pit lakes during the months of January and February. After elimination of evaporation during January and February the net evaporation is equal to 2.61 ft (31.3 inches). Mining The only groundwater exposed to the atmosphere during the excavation process will be water in the dewatering trench, sump pond, and the settling ponds at the north end of the site. The total area exposed in the dewatering operation is expected to be 0.4 acres in the trenches and 0.3 acres in the sump pond and settling ponds. The total lake surface at the site will be 0.7 acres, which is the total area for the dewatering operation. Therefore, the total net annual evaporation is 1.8 acre-feet during the mining operation. Post Mining The proposed mining operation would create a lake with a water surface area of approximately 29.9 acres. This would be the final configuration and would only occur after the dewatering pumps had been stopped and the lake allowed to refill. Senate Bill 120 requiring the augmentation of evaporative losses from sand and gravel operations allows for various reductions on the calculation of the amount of annual evaporation. G-2 930473 Any lake surface that exists on the mine site prior to 1981 is exempt from the requirements of augmentation. There are a total of 1.6 acres of pre-1981 exposed water surface on the property which underlies the proposed gravel pit lake. In addition credit can be taken for historic groundwater consumptive use. Exhibit I lists the soil types for the subject site. There are 17.3 acres which contain the soil type 'Aquolls and Aquents, gravelly substratum'. The SCS reports that this soil has the characteristic of having a very high water table and supports wetland plants and wetland wildlife. Based on this information it is concluded that there has been historic groundwater consumption due to subirrigation. The consumptive use of native vegetation in wet marshy areas along the Cache La Poudre River has been identified as 27.4 inches per year in water court in case W-7813- 74. This same value is assumed for the calculations of the net evaporation at the subject site. The net evaporation within the 17.3 acres with high water table conditions is equal to the gross evaporation for the months of March-December, 39.5 inches, minus the historic consumptive use, 27.4 inches. This equates to a net groundwater use of 14.6 inches or 1.01 ft. The total annual consumptive use of water requiring augmentation after the mining operation is completed is as follows: DESCRIPTION CONSUMPTIVE USE Reclaimed Lake Area with out 28.7 acre-feet Historic C.U. Credit (11.0 acres) Reclaimed Lake Area with 17.4 acre-feet Historic C.U. Credit (17.3 acres) TOTAL 46.1 ACRE-FEET Operational Consumptive Uses No wash plant is planned for this site, therefore, no water losses associated with a washing process will occur. Water is retained in the material which is excavated from the site. It is estimated that 4% of the gross weight of the products is water. The volume of material mined is market driven and will vary from year to year. An average year is expected to produce 117,000 tons of material. This will consume 3.4 acre-feet of water. G-3 930473 Dust control is being handled by applications of water to the haul roads. There will be approximately 1100 feet of haul road that will be actively used. The road will be watered on the average of three times per day with an application rate of approximately 1/8 inch per watering. If an average of one hundred days of watering is done per year, 1.98 acre- feet of water would be required. This water will be fully consumed. The total annual consumptive use of water during the mining operation is as follows: DESCRIPTION CONSUMPTIVE USE Evaporation-Mining (0.7 acres) 1.8 acre-feet Water Retained in Material 3.4 acre-feet Dust Control 2.0 acre-feet TOTAL WATER CONSUMPTION 7.2 ACRE-FEET Project Water Rights Bucklen Equipment Company owns five (5) shares of the capital stock of the Greeley Irrigation Company. The Greeley Irrigation Company owns the Canal No. 3 Ditch (aka: Greeley No. 3 Ditch). Table G-1 lists the annual diversions for the ditch for a 10 year period. The average annual diversion through the Canal No. 3 Ditch headgate over the 10 year period is 16,934 acre-feet. There are a total of 520 shares of the capital stock in the ditch company and consequently the average annual pro-rated diversions for the 5 shares is equal to 162.8 acre-feet. Assuming a 10 percent ditch seepage loss and a 60 percent farming efficiency, the total consumptive use of the 5 shares is equal to 54 percent of the pro-rated diversions. This equates to 87.9 acre-feet of consumptive use water available for the augmentation of the evaporative losses on the site. A total of 22.6 acre-feet of the 87.9 acre-feet will be required for the augmentation of the existing Bucklen Equipment Company mine site, MLRD # M-82-131. Therefore, the remaining available consumptive use available for augmentation of the subject mine is 65.3 acre-feet. The 65.3 acre-feet will sufficiently cover the water losses requiring augmentation of 46.1 acre-feet when mining has been completed. These same water rights will also be used to augment the consumptive use of the mining operation of 7.2 acre-feet. G-4 930473 Surrounding Wells A map and tabulation of surrounding water rights and well permits are attached with this exhibit. Water rights and well permits for shallow wells are identified which lie within approximately one half mile of the subject property. The river serves as a natural hydrologic barrier and therefore no water rights or well permits will be injured which lie on the north side of the river. Drawdown of the water table will occur due to the dewatering. It is expected the drop in the water table elevation at the neighboring wells will be minimal due to the distance between the pit and the adjacent wells. However, in the event that the neighboring wells drop in production, steps will be taken to insure that the well owners receive the same quantity and quality of water. This may include pumping water from the pit directly to the injured wells, construction of recharge pits next to the injured wells which can be filled with water and used for local recharge of the groundwater, or water can be delivered directly to the injured well owner if there are no other viable options. NPDES Permit The operator has an NPDES permit under the rules and regulations of the Water Quality Control Division of the Colorado Department of Health. This permit is administered by the Health Department. 404 Dredge and Fill Permit The present mining plan does not intend to place any fill in wetlands. Mr. Terry McKee of the Corps of Engineers has visited the site. He determined that there are no jurisdictional wetlands on the site. The site is being mined at 3H:1V and no backfilling will occur. Mr. McKee determined that no 404 permit is required. G-5 930473 Table G-1 TOTAL DIVERSIONS CANAL NO. 3 DITCH SOURCE - CACHE LA POUDRE (ARCE-FEET) TOTAL NUMBER OF SHARES 520 YEAR NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT TOTAL * 1981 * 0.0 0.0 0.0 0.0 0.0 0.0 2,636.6 4,155.8 3,253.1 3,807.5 1,851.3 1,326.6 17,030.9 1982 * 316.8 0.0 0.0 0.0 0.0 582.9 1,849.5 2,877.1 4,823.3 4,657.0 4,061.8 891.0 20,059.4 1983 * 148.5 0.0 0.0 0.0 0.0 0.0 776.2 1,811.7 5,163.8 5,090.6 1,524.6 1,336.5 15,851.9 1984 * 0.0 0.0 0.0 0.0 0.0 0.0 1,692.9 3,213.5 4,203.5 4,128.3 2,374.0 544.5 16,156.7 1985 * 435.6 0.0 0.0 0.0 0.0 39.6 2,532.4 4,255.0 4,324.3 3,942.2 1,815.7 336.6 17,681.4 1986 * 0.0 0.0 0.0 0.0 0.0 327.3 3,804.4 3,582.2 3,851.0 3,208.5 1,494.5 1,209.9 17,477.8 1987 * 0.0 0.0 0.0 0.0 0.0 357.0 2,917.7 3,178.4 3,400.4 2,743.4 1,897.0 1,451.9 15,945.9 1988 * 158.7 0.0 0.0 0.0 0.0 271.0 2,107.1 3,123.2 3,707.0 3,553.6 2,713.2 1,525.5 17,159.3 1989 * 192.4 0.0 0.0 0.0 0.0 1,043.9 2,589.6 2,433.4 2,853.2 1,661.4 1,932.7 1,693.9 14,400.5 1990 * 0.0 0.0 0.0 0.0 0.0 486.0 2,953.4 3,080.4 3,566.4 3,566.8 2,431.4 1,501.5 17,585.8 MAX * 435.6 0.0 0.0 0.0 0.0 1,043.9 3,804.4 4,255.0 5,163.8 5,090.6 4,061.8 1,693.9 20,059.4 MIN * 0.0 0.0 0.0 0.0 0.0 0.0 776.2 1,811.7 2,853.2 1,661.4 1,494.5 336.6 14,400.5 AVG * 125.2 0.0 0.0 0.0 0.0 310.8 2,386.0 3,171.1 3,914.6 3,635.9 2,209.6 1,181.8 16,934.9 PRO-RATED DIVERSIONS CANAL NO. 3 DITCH SOURCE - CACHE LA POUDRE (ARCE-FEET) SHARES OWNED 5 YEAR NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT TOTAL * 1981 * 0.0 0.0 0.0 0.0 0.0 0.0 25.4 40.0 31.3 36.6 17.8 12.8 163.8 1982 * 3.0 0.0 0.0 0.0 0.0 5.6 17.8 27.7 46.4 44.8 39.1 8.6 192.9 1983 * 1.4 0.0 0.0 0.0 0.0 0.0 7.5 17.4 49.7 48.9 14.7 12.9 152.4 1984 * 0.0 0.0 0.0 0.0 0.0 0.0 16.3 30.9 40.4 39.7 22.8 5.2 155.4 1985 * 4.2 0.0 0.0 0.0 0.0 0.4 24.4 40.9 41.6 37.9 17.5 3.2 170.0 1986 * 0.0 0.0 0.0 0.0 0.0 3.1 36.6 34.4 37.0 30.9 14.4 11.6 168.1 1987 * 0.0 0.0 0.0 0.0 0.0 3.4 28.1 30.6 32.7 26.4 18.2 14.0 153.3 1988 * 1.5 0.0 0.0 0.0 0.0 2.6 20.3 30.0 35.6 34.2 26.1 14.7 165.0 1989 * 1.9 0.0 0.0 0.0 0.0 10.0 24.9 23.4 27.4 16.0 18.6 16.3 138.5 1990 * 0.0 0.0 0.0 0.0 0.0 4.7 28.4 29.6 34.3 34.3 23.4 14.4 169.1 * MAX * 4.2 0.0 0.0 0.0 0.0 10.0 36.6 40.9 49.7 48.9 39.1 16.3 192.9 MIN * 0.0 0.0 0.0 0.0 0.0 0.0 7.5 17.4 27.4 16.0 14.4 3.2 138.5 AVG * 1.2 0.0 0.0 0.0 0.0 3.0 22.9 30.5 37.6 35.0 21.2 11.4 162.8 930473 . A ,r =_ , _ ..i.ri...<,,iHt. ?y ,:, t � li u N i . 1 / ;'i / ..r. i a •• l ;" - ors P Cask" o 0 a ' •r0 UNION • la INS o ' - tt • f_ 3(1N3AV II , I tt t _JI ,...II _IL CO.ctJam, A �� ' � l II 14 .CP • H<' :rTT tp Ct • . IS aso b O• ii OD II �' • •• • •• ■• �• :•• 4r Q k I `\ •. co I b '- .\ l!(1 F II � � . M --:CO M—• , . ts Att. LO MP 101 �-• II II ■• J 7 .. 1 1 ( ll , \ r LO • I s:: p _ _ = _ = _ T'l \° t _ r, ;:Ma•\*) I q' / e bQ.rQD• ICI I I r1 � -„' L. -,-� -II ;I , l_ w/ ,r , 2 I ,F, O=ei) )) i. i f t.r�/•ter - r � .+ o . • r • nz • is CO ,•/? 'I- I -z r T i 11 CO Is Si i 4 co (C) rr i 1 g Vryi : 11 I •II • �• •a I, Q • F___:..2 'i( r i.•.4,.4 u'�,a• ti I Il• ( ' 311N3Ad 41:IIH1—A CG ' Os it T,r' 1''- ,-, ).++,,,Y. ,{I : i • M n• • 7cc a �' ftt'y: 'r` i r ► N ( N co T N/ n••• i 1 1 r • . • \ \� f.__ ti n 'fir' 7 1':' 1 t' ' �1�, 1 , N N. N 4•") I •- • ti ( 1 • rr , � • %sti �s �', I� r:�ti,et.it I Q o A \ O 4 •u••I t (•1 r i t:{ ii 0 • J Co Cr Et • ,It. 122 6- i•iii: :: i Z. p ,i: l Ilili'ij i i R a co :Hirt it i0 •, ill iliflilili / i r� • • - if • i:: i ill it i a �� /�1/I p I/ .. •::I ii 0 • :Q ACTIVITY STATUS ..... .. CD DATE CD DATE WD MD DB USE DATE APROP IRR AGFR YIELD DEPTH LEVEL iouw✓Hn.. .- 111958 1 62 ERICKSON C E GREEN . CO 60632 NYSW 36 6 N 66 Y S NP 10/16/79 3 C 1 2400 1 62 RAMSEIER MARJORIE 2619 4TH 51.7/arum CO 80631 30.00 25 6 605 24tW SESY 36 6 N 66 Si S 1 62 HOYMAN JOHN BRUCE MARVIN N AV L GY 160N 2436W 5 N 66 Si 5 AP 8/ 5/91 All 8/27/91 3 1 62 HOYMAN JONM BRUCE MARVIN 115 11TH AVE GREELEY, LO 6064 ION 2S15u S M 66 Y 5 AP 8/ S/91 All 8/27/91 3 D 3153AD 1 62 MALONEY DANIEL R. GREELEY, CO 80631 NINE 1 5 N 66 Si S AD 0 1 62 JOBE C T GREELEY, CO 80634 NENE 1 5 N 66 V S A+ 1/18/84 S H 13084 A 1 62 MALONEY D R GREELEY, CO 80631 NENE 1 5 N 66 W 5 -) W / 3 D 1.10437 1 (7. I14:11: IRIU V 2331 ST ST :PELLET, LO 10651 LOT Y 6LUCKWI }3UnW f WARP Awt51250N 470E NENE 1 5 N 66 W 5 `Z w $/ 2/91 3 D J 160437 NA 1 6/ 2/91 IRMA V 2331 1ST�T GREELEY. CO- 50631 LOT 1 BLOL6W 15.00 6 f 35 WANT, ASPICS 460E NENE 1 5 N 66 Si 5 4- NA 6/ 2/91 3 D 1308[0. 1 61 PIRNIE bERTRUDE M 3 kWIM C RT 3 BR 439 GREELEY, CO eves 250.00 25 6 NENE 1 5 N 66 W 5 3 3 I 74/86 1 62 BOULTER BERNICE-FZ ROBERT C 2347--STREET GREELEY, CO eves 4 3 D 2/ 4/52 1.00 15.00 40 920 630E NENE 1 5 H 66 � 88560 1 61 ALFORD LHARLES LEES 2160 1ST-AVE/25 5C GREELEY, co 50651 15.00 20 980N 210E NENE 7 5 N 66 Si 5 5 91/83 1 61 14000.E IRA E. G ALICE L. DL N 7/115 5/52 CT GREELEY. CO Dyes 10..0 30 11000 75E NENE 7 J N 66 Si S Cr 91111VE 1 62 VILLA WEST1108ILF-ESTIETE3 2/00"0-CST GRCELLT• i0 svOsGIJ 330N 7590E NE 1 5 N 66 v 5 AV 6/20/91 3 0 ON 91223VE 1 61 VILLA WEST NUBILE t31ATE5 1/00W-c—sT GREELEY, to 500JT6W 31041 2820W MME 7 5 N 66 Y 5 AV 6/20/91 3 D 39147F 1 61 VILLA Wt51 NUBILE ESTATES 7100-WC 51 DREELET, L0 Waal 30.00 28 9 33011 1590E MIME 1 5 N 66 Y S NP 6/11/91 3 0 39145F 1 61 VILLA W[S] MOBILE ESTATES 1/VV-w-4 sr 9NEECET,lV DvmUB 30.00 2t 9 51014 282W MRN 7 5 N bb Y 5 NP 6/11/91 3 D 4515/ 1 62 SHONE 7MOBEN191 8/18/71 REARALS -BOA T. N1s. LIr impel, -15.00 21 6 ANNE 1 5 N 66 Si 5 45168 1 01 5*J t I. RW ERTS E 3 D enTAL> D e/rymmo, Lv evaav 15.00 23 6 MME 1 S N 66 Si $AB 7/23/91134664 1 61 FLOHR ARTTAR [V3 3 DS sm nvt writs. Lv Ow31 1.00 20.00 27 15 19800 660E SENE 1 S N 66 u S 90/1 1 61 WLJ DtAKtLLtR vtRNt z589-4-0. rr 7 GREY-CET, Le owe! 20.00 20 9 SWE 1 5 N 66 V 5 11356/ 1 61 RAPT EDWARD R G EDNA Br 2536 T 5TR 6HTttET, LIT DVDJT 1.00 32 21001 2300E SANE 1 5 N 66 Si 5 3 DS 4/26/60 9670 1 61 >tHAP ER ADOLPH RT 3 6REE0 10/ 3/61 J1 3 Lu 1.00 123 S NENY 1 5 N 66 W 5 14591 1 61 KNAUSt ALVIN £0Ds1VIM ST GREELEY, 3 Dw3 3 D 16.00 29 8 NEW 1 5 N 66 Si S L 3 REPORT DATE 12/31/91 APPLICA N AN L L COLORADO DIVISION OF WATER RESOURCES PERMIT 0 CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AOFR YIELD DEPTH LEVEL COORDINATES OTRS SC SNIP RANGE M • 15830 162 KRAUSE ALVIN 2603 10TH ST GREELEY.GREELEY. CO 80631 3 6/14/63 3.00 90 8 NENY 7 5 N 66 Y 5 129954 1 62 KIEFER TERRY t JUDITH D 2920 C STREET GREELEY, CO 50631 NP 11/18/83 3 D )�/1f0/83 - 1.00 30.00 42 9 76N 1817W MENU 1 5 N 66 W 5 35668 1 62 HARSH DONALD D 1500 2/TH AVE 10/26/66. LO 806313 20.00 20 6 /AIM 1 S N 66 Y 5 97635 A 1 62 BABCOCK R.M. GREELEY, CO 80651 SENV 1 5 N 66 V 5 NP 4/ 4/78 3 0 3/25/87 GW 97635 1 62 BABCOCK RICHARD W. 2835 W. 4TH ST. GREELEY, CO 60631 3 0 / /40 1.00 15.00 50 25 2200N 190W SEEM 1 5 N 66 W 5 144638 1 62 RUYLE ANNA 8 t WAYNE R 1 YI6bINS, CO 50654 400.00 13 6617 SMM 1 5 N 66 Si 5 I 7/15/54 14454R 1 62 RUYLE ANN B t WAYNE R 1 WIGWNS 80654 3 I 5 5/35 300.00 37 27 SIRM 1 5 N 66 W 5 14[650. 1 62 RUYLE AIWA B i YAY3 I / 3/46 E R 7 WIG642 50654 400.00 41 25 SNN 1 5 N 66 W 5 9661 1 62 HOUSTON GEORGE 515 23RD AVE 9 EELEY, LO 50631 8/61 1.00 108 31 MESE 1 5 N 66 W 5 5948 1 62 RAPP EVELYN N E, THOMAS A 2401 10TH 51 6REELET, LO 00631 3 D 6/ 3/60 20.00 56 30 SWSE 1 5 N 66 Si 5 6990 1 62 KENTON HORSING 650 2/TN AV GREELEY, LO 50651 50.00 60 31 SWSE 1 S FI 66 Si 5 152648 1 62 HARP MANLY S & HOWARD GLADYS H Zelr Si 101x ST bttLET, Lv 50803" 00 D3 I O 69 SWSE 1 S M 66 V S 45604 T 62 HODSON C Al THELMA 2530 7TH sr GREELEY, CO 50631 SWSE 1 5 N 66 W 5 12442R 1 62 KOEHLER Si C 7901 10TH 51 GREELEY, Lo 55631 300.00 76 55 515W 1 5 N 66 Si 5 3 I 6065R 1 61 RUYLE ORMAN RT 3 DA 55 FeILtT• CO 500513 I 600.00 22 10 NENE 2 5 N 66 Y 5 43619 1 b[ WEBER DICK 7(11 131X 51 GREELEY,11/12/70 DUOS, 5.00 40 33 SANE 2 5 N 66 W 5 154 1 6L RU[Rt ARAB/12/57 3 0 58/14/57 4.00 300 125 SESE 2 SN 66W 5 562AD 1 61 NERTIAt ',APRs LO. 6TRELtT. w 5005' SYNE 3 5 N 66 Si 5 AD 16461 1 61 SMITH HAROLD W GOD 14Th 0 C b/20/63. LW 0U031 3.00 93 20 SENE 4 5 N 66 V 5 66152 1 6f snnn xARVc5 D DEITY rve 0 AVE./76 100 r in11/Art. Lv ' 15.00 225 29 24405 300E NESE 4 5 N 66 Si S 135945 1 61 RERNANOt1 J 6ReuET. Lu SUDS! SESE 4 5 N 66 Si S NP 12/ 5/64 EP 3/26/87 1 H 1165!X, 1 et }Alin FTINISIRIT> TIuwsnr DIM! v VU! DI wtrIE.. LUKL 8..83. 1603 950E SE SF 4 5 N 66 Si 5 AD 6/13/91 RC 10/17/91 1 C RC 3/27/90 3 H 8/26/77 5.00 ISO 60 3305 660E SESE 4 5 N 66 V 5 109139 NA 5/ B/79 L WRIT'.!;• IVON O ii SWSE 4 5 N 66 Si 5 . 930 73 —T12-4-10 1 62 Ca JAY 0 1 DOROTHY E 501 nn Si GREELEY. LO 50831 20.00 16<os 2215E re+sE > s r. �> 3 D 3/20/45 8524 1 62 0000F ELLOY BUD 1521 214D AV 4lD14/28/1C0 50537 60.00 _35 11 SESE 5 5 N 65 Y 5 2050/ 1 62 WILLIAMS MARTIN 8 E 1811 5 T, co 50651 D 6/18/64 50.00 3 6 SESE 5 S N 65 Y 5 37942M 1 62 TRIPLEI1 WOOLF I GARREI5UN 151 N WON 51t 500 WILHI IA. AS incurUNC 22 5605 2550E SWSE 5 5 N 65 Y 5 NP 9/26/90 3 0 3/94311 132 TR9PLETT WOOLF- UOARRETSDR T)TITFV.IM SIC auk WILNI r1c. AS 03202UNC 22 6805 2500E SUS( 5 5 N 65 V 5 RIP 9/26/90 3 0 5(944M 1 9Z 6/IPLErr 3NIDLF c-DANxt rsw+ mgr rocTNTSTE °w "rc'u TA'UNC °y'°r 22 6855 2415E SYSE 5 S N 65 Y S PP 9/26/90 3 0 PIP 9/26/90 3 0 UNC 22 5105 2320E SYSE 5 5 N 65 V S 3(94611 1 62 TRIPLET1 VDOLT I GARRETSOIr 351-R'MAnrslC 660 WILnnA, Li 01202 22 6605 2320E SUSE 5 5 N 65 Y 5 W 9/26/90 391/51 1 62 T/9PLGiT/Vuuv I e3RNC1>un of N MAIN art avv vrtm m, NC V2 0+2 42 6405 2320E SYSE 5 5 N 65 Y 5 HP 613/91 0 U 2)366 R 1 61 8 rRvowc VXCCLt1,ELV 60632 NE 5 5 N 65 Y 5 NP 6/28/82 3 191)6 1 61 OVEN Rn NRO K [3 21 [Or DST 4/25/64 75.00 to 60651 75,00 29 12 NESV 5 5 N 65 Y 5 215)5 1 62 BRAWNIER HOWARD Gan WIR-AVE IREECE", Li; avanr 10.00 20 5 NESY 5 5 N 65 Y S 3 0 9/ 4/64 7/15F 1 6/ COPPIERLIAL FAITUAL ma Yni-S1 WLttLtT, to aoa71 20.00 31 NYSV 5 5 N 65 V 5 3 C 7/20/57 S 8 1 1 � Q D 10 I REPORT DATE 12/31/91 7L� APP[ A COLORADO DIVISION OF WATER RESOURCES PERMIT 0 CO OWNER INFORMATION P ACTIVITY STATUS 15T USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN I CO DATE CD DATE WD MD D8 USE DATE APROP IRR AOFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE M 14802R 1 62 GEHRING HARVEY W RT 4 8% 115 GREELEY. CO 30631 1500.00 8 5 NJSY 5 5 N 65 Y 5 3 I 2974! 1 62 GREELEY CITY OF 901 7TH ST GREELEY, CO 80631 10.00 31 NYSV 5 S N 65 Y 5 I 3 D 2/15/67 9687F 1 62 GREELEY ICE I STORAGE 1120 6TH AVE GREELEY. CO 80651 200.00 42 12 SWSW 5 5 N 65 U S 3 N 8/10/65 10957R 1 62 FIRST NATIONAL BANK 1025 9TH AV GREELEY, l0 80651 300.00 24 4 SWSW 5 5 N 65 Y 5 I 3 [ 18395114 1 62 DENVER CITY 8 COUNTY C/0 1[593 V BAYAUD NL90 LAKEWOOD, GW 50225 6 5 N 65 W 5 MN 11/12/91 3 0 • 158401511 1 62 GREELEY CITY OF C30 7950 6 LINCOLN ST LI iiLETON, LO 50112 WNE 6 5 N 65 W 5 5 PM 2/26/90 3 0 1 62 GREELEY CITY OF GREELEY. CO 80631 OW NENE 6 5 N 65 Y S AP 10/28/85 AU 11/ 1/85 3 0 304040 1 62 MC FERREN WILLIAM 4Rt EL EOM, CO 80651 NWNW 6 5 N 65 Y 5 S AD 1 02 0/ A P11/25 LA SALLE. CO 80645 NWNW 6 5 N 65 Y S 5 AP 10/30/85 AU 11/25/85 3 0 89056vE 1 62 SUN 55 CIRCLE PARTNERSHIP 101 21ST AVE SPALE 1 WntELEY, COQ 0651 LVI r-10 awcw 1372N >231YALMNW 6 5 N 65 W 5 S AP 2/24/89 3 D ea 153983 1 62 1/18409 GLENN AN 100N Z3 AVE 4899[[1, CO 50651 GW 1250N 140V NYIN 6 5 n 65 u S S AP 5/ 1/89 3 D >7 153983 N 1 62 1/M8588409 GLENN 100 N Z3 AVE GREELEY, C0 30631 CU 12.00 30 12 1250N 150W NWPW 6 5 N 65 W S NP 5/ 1/89 3 0 5 1 62 NAN DON 1351 2611.1AVE C 3/10/71 CO auesr 30.00 34 11 MNN 6 5 N 65 Y S L^ S 3 47534 1 62 SORROWS T J 316 ZTST-AVEGREELEY, LO 80651 S• 3 0 7/21/71 15.00 19 8 SEW 6 5 N 65 V 5 25997F E1 625/ FILF2RRCN12/ 1/823 . CO U 451 SVNV 6 5 N 65 W 5 to S 30819 1 6C MOORE DON Z20O ZN3 Sr GREELEY, 1O 7vD31 30.00 26 11 SWNW 6 5 N 65 W 5 uS 3 D 5/18L6] 1/506W 1 62 0/91LItNCE tx41NCC3IX4 107 501/LW LAN[ >R 1w w >r4>. LV 601v. SW 6 5 N 65 W 5 S MN //10/91 3 0 G — 11/56901111 61 P tLD 86/9177 C/OJY39 t AnAr R a Sow woo. LV Sol.? SV 6 5 N 65 Y 5 S MH 7/26/91 MN ]/26/91 3 0 GW — 1820004 1 61 DENVER LIrt I Urn L/0 3[7V6 W UATAw AWE LAA W LYV. to 0VfO SW 6 5 N 65 V 5 S PIN 9/26/91 3 0 G 622 1 62 TaRG PIAIAICI lam )111 >r Gnc1Ltl. w aOa3r 15.00 30 20 SESV 6 5 N 65 V S S 2 D 12/18/57 146831 1 6C WOODS 18411 tl. I AVAIN> 04X5414 O at to wontingrvc0L0, to 15.00,005 80 7155 2145W SESV 6 5 N 65 W 5 S ; 0 6/ 1/ 9 1.00 25534 1 61 HE>SL[H JMc> Cn 3CCrm AVE a GRCE Lt T, w DOOS� 35.00 28 9 SWSW 6 5 N 65 Y S `_ S V 1562 1 61 PHILLIPS LUNS1K Lv3 Call rpm A7/11/58uT, L SUDSr 20.00 39 SENE 7 5 N 65 W 5 5 389C0 1 bl $CXM1a1 L J [[a 26741, ALL LI ut w ouo3i 20.00 30 6 /WNW 7 5 N 65 Y 5 S 3 D 8/ 8/69 1V 7 5 N 45 W S J E 10 9 REPORT DATE le, it 91 APPLIIATIUN AND PET COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LO[AT'N TOWN P ACTIVITY STATUS E tl CD DATE I CD DATE WD MD DB USE DATE ANNUP IRR AOFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE 4449R 1 62 WELD CO GEN HOSP GREELEY, CO 80631 600.00 78 SONY 7 S N 65 v 5 S S 3 N 9/12/55 12716R 1 62 FIRST CONGREGATIONAL CHURCHH 2101 16tH ST GREELEY. CO 80631 9/ /56 50.00 105 50 STAN 7 S N 65 Y 5 3• 3 18691 1 62 FORSTER J.A. RI 4?. BOA 19 GREELEY. LO 806517 GREELEY, CO 80631 • S 10520 - 62 MCNAMARA JOHN J E 16TH ST 20.00 45 22 NESE 7 5 N 65 W S 1511 p 7/23/67 30.00 26 12 NESE 7 S N 65 V S _-----r.s 'fl". ..1,, .-Rs!ELsY.CO R06�1,.-- ..,--_93047 11270R 1 62 RONFORT FEED LOTS INC GREELEY, CO 80651 3 I 1000.00 73 40 NENE 30 o n eo 267RN 1 62 RONFORTTS F L EE`/L LOT _T GREELEY, CO 80631up 75.00 `] 30 MINE 30 6 N 65 W S 268RN 1 62 MONFORT5 FEED Lot .REELEY, CO 80631 75.00 30 ME 30 6 N 65 W $ MP 3/24/60 . 5 TA 2698E 1 62 MWf GRT5 FEED LOT GREELEY, Co 80631 75.00 57 30 MME 30 6 N 65 W 5 NP /x4/60 3 S 2704N 1 62 FIONFORTS TEED LOT GREELEY, LO 50631 250.00 58 37 MME 30 6 N 65 W 5 NP 3/24/60 3 5 16709E 1 62 MONFORT FEED LOTS INC. P. 0. HOx 1?90 GREELEY, CO 6065T SYNE 30 6 N 65 W S NP 8/ /72 EP 12/ 6/73 S 20110E 1 61 MWFORT FEEDLOTS DIV. P.O. BLx 1290 GREELEY, co 50as 3 C 11/ 9/72 640.00 200.00 61 44 1505E 2100E SYNE 30 6 N 65 W 5 12009 R 1 62 MONFORT OF CO 1918 4A ST GREELEY, to 80631 6Y 4504 24304 MEIN 30 6 11 65 W S NP B/30/88 AR 12/19/88 3 C 1 62 MONFORT 1918 AA ST GREELEY; CO 50632 GV SOW 2<$W NENJ 30 6 65 Y 5 AP 12/15/81 3 I 108 1 61 MONFORT KENNETH 1943 19111—AV GREELEY. CO 60631 6.00 324 250 NENY 30 6 N 65 V 5 NP NP 7/26/57 3 D 9/ 9/57 6/05 1 61 MONFORT FEED LOT GREELE1. 0 517631 10/3 S 1/60 200.00 69 27 NENJ 30 6 N 65 W 5 W68i 1 61 MWTLMI 1tt0 LL- b 6wctLt 8/ 1/58 T. L 1 3 200.00 75 37 NUM 30 6 N 65 W 5 120091 1 6C MWFORTS TttO LOI 6RCtLtT, Co CDe3I 700.00 72 40 PENN 30 6 N 65 v 5 1 I 11000R 1 61 RAYBURN 9UIW: t 6 VOWNa TENN , 1000 411151 III. 9n L1 r;LC Tam, A 1000.00 75 45 NMN SO 6 N 65 Y 5 3 I 119408 1 61 BUSIRIT AUDA > 6 3 ANIMA. NI C 6A 130 wcc1.tl, Lv DUO31 I 700.00 78 24 NYSV 30 6 N 65 V 5 3 S ' 4/23/62 600.00 91 30 5115W 30 6 N 65 W 5 AP 7/16/90 3 0 SW SYNE vA 6 N 65 0 5 1 61 LtO9E Juno. 6^CCLCY. Lv eve31 W NV 31 6 N 65 V 5 �' AP 2/18/88 AU 2/22/88 3 0 459/4 1 61 PRtLt3ATDT CA>I biNVLILPL> INL r 9 0UA nv el Lan Iw., L0 1061. NP 4/20/71 3 O 6/ 1/20 W 15.00 24 6 1300N 15W NitaJ 31 6 N 65 V S 7414/1 1 61 PN[LibIWI LAS! >IIWLIYnta I V OVA IIV TI Lorton. au Duo21 HP 6/ 5/69 3 C 6/26/69 W 400.00 36 9 125N 150W WIN 31 6 N 65 Y 5 45915 1 61 PRECI5T69 CA5rsTNOClYRE5 LTC P-U'SUA fay r! L9rTwl. Lv bNOCI NP 4/20/71 3 D 3/20/99 W 15.00 24 6 119W 904 WNW 31 6 N 65 Y 5 1 - I 31 6 H 9 REPORT DATE 12/31/91 W APPLICATIONDIVISION MITSYLOCATION ONOLISTING PAGE 4043 PERMIT O CO WEER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT•N TOWN CD DATE CD DATE WD MD DB USE DATE APROP IRA AOFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE M 11845F 1 26Z2 PRECISION CAST STRULTURES P 0 BOX 150 FT LUPTON, CO 80621 1529GR NP P1 62 LIR LAND CO RT Z 3% 139— 1217 0REEL 2 CO 80631 5/25/67/ 6W 1200.00 55 10 2550N 2200W SUM 31 6 N 65 W 5 3 I 450.00 30 10 SEND 31 6 N 65 W S 15289R 1 62 LIR LAND CO RT 2 86 159 GREELEY, CO 80631 200.00 30 13 51MJ 31 6 N 65 W S'*. tZ 3 I 19712F 1 62 STRONG CURTIS P 0 Box 10 PLATTEVILLE. CO 50651 L 2 I 6/30/10 40.00 498.00 1439N 1730 SW Y IM 31 6 N 65 5/L 4503R 1 62 GREELEY CITY OF GREELEY. CO 10631 i I 4/ 6/56 550.00 40 5 SESE 31 6 N 65 V Ste' 7j 4504R 1 62 GREELEY CITY OF -EELEY, CO 80631 • j I 5/31/50 600.00 39 10 SESE 31 6N 65 W 5.— IL{ 1 62 FRANKLIN LEROY 121 N 25TH AVE CT GREELEY, LO 80631 LOT 5 BLOCK 183 GREELEY 9 /1 /90 5 W 1615 2381E SWSE 31 6 N 65 Y S 157501 1 62 FRANKLIN LEROY N GU 4905 2250E SWSE 31 6 N 65 W 5")is- 1 NP / 5/90 3 DS 157501 Al 62 FRNIRLIN LEROY 121 025TH-AVE CT GREELEY, LO 50651 OW 52 4905 2300E SWSE 31 6 N 65 V 8n^,/p !E NP 6/15/90 3 DS �Y 11874R 1 62 MONFORT FEED LOT INC GREELEY. CO 60631 800.00 57 17 NESV 31 6 N 65 W S 3 I 69964 1 62 WLKLtN EQUIPMENT 3 3/ INC.IMC. 604 /9/65 2' AVE. GRett[T, lu aural65.00 58 19 MISW 31 6 II 65 W 5.. S 14659 1 62 DOWNER J V RT Z GREELEY, CO 00041 3 D 9/63 16.00 30 12 NNW 31 6 N 65 W Ste..Q 145058 1 62 ADAMS G FLOYD 11T0 1TTH 57 GREELEY, L0 60051 500.00 25 5 5(504 31 6 N 65 Y S- 1S. 3 1 24581 1 62 CLEMWS BUD GREELEY, 40 5005! 3 0 50.00 29 8 5E5W 31 6N 65 W S 19' 905120E 1 62 SUCXLEN tOUIPNCNI 604 w ['TN AYE 0^tu[T• L1 6003! Sy 8115 2004 SYSY 31 6 N 65 Y 5-- 8 AV 10/31/90 3 D 151194 1 61 YDUIGWIRIH JARS SKILLET, LV 61031 GV WSW 31 6 N 65 Y NP 4/ 7/88 3 OS 151194 A 1 61 YDVIOVIRIN JAM> VNccLCT, L9 aye3T �8 OW 15.00 SS 24 4505 500W 51850 31 6 N 65 V EX 4/ 7/88 3 OS 80011 158861 1 61 WLK aln [LCN tUUIP11CNI LO 614 NUlIn RTC 8113 2004 SYSY 31 6 N 65 W 6—.6—.-..6—.-....IP 11/ 1/90 LR 11/26/90 3 0 861 CM SW 156661 04 90 SP 12/ 6/90 3 .D A 11161/ 1/ 4 11 61 004 m dm Ate GW 25.00 40 21 8615 20W SWSU 31 6 N 65 W 5...1)6 566/4 1 64 OWL0 N1AJtNI t RT I OVA Z3a.1 061031 3 0S 3/21/73 1.00 15.00 95 29 570N 200E NENE 32 6 N 65 W 5 G 3 O 8/18/72 56618 1 61 SHAM. RWT I Jn T ^ Ayr 6 ern a. w 861911 15.00 95 40 NENE 32 6 N 65 V 5 75015 1 61 Pt1t M5 9ALtLR SUN CJafl 90031 3 0 9/11/74 1.00 10.00 340 96 125N 125E NENE 32 6 N 65 W 5 S103AD 1 61 RUS new 0. N. WICILtl, Ov 6v63. SERE 32 6 N 65 W 5 AD 54131F Pe 7//22/08 ial"'0/2/88 1 n n. AVE 6ncttC., av 0v63( Cu 1840N 200E SENE 32 6 N 65 W 5 1 Q — wste rreentec( ,to, Atm- Fc-6s , Co . .6 I CL1 \G'5 v `, I 32 REPORT DATE'2/31/91 APPLICATION AND PERMITS LOCATION LISTING PAIL 4044 I 9 COLORADO DIVISION OF WATER RESOURCES 9304'3 E • J 3 REPORT DATE 1 / / 1 APPLICATIOCOLORADO NDIVISION AD MOF SWATERT RESOURCESEum N4 PERMIT 0 Co OWNER INFORMATION P ACTIVITY STATUS 1ST USED ANNUAL ACRES 6E0L WELL WELL WATER SEC LOCAT'N TOPIN CD DATE CD DATE YD MD DB USE DATE APROP IRA AOFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE M 78370 1 62 GREELEY SAND AND GRAVEL N 25TH AVE GREELEY, LO 80631 3 3/ 3/75 1.00 15.00 58 18 2868N 315E NESE 35 6 N 66 Y S 78856 1 62 LARSON WAYNE AT 2 BOX 181 GREELEY, CO 80631 3 0 4/21/75 1.00 15.00 37 17 14185 120E NESE 35 6 N 66 W S 470AD 1 62 DUVALL HARRY GREELEY. CO 80631FAME 35 6 N 66 W S AD E 139520. 1 62 PUTNAM THEODOPE A 1516 Y M N AV FT COLLINS, LO 80524 3 600.00 8 3 SWSE 35 6 N 66 Y S 51654 1 62 ELLIOTT ELMER D. RT 2. DX 181 GREELEY, CO 80631 } D 8/12/72 1.00 15.00 52 7 13705 150W NV5W 35 6 N 66 W 5 105597 1 62 EVANS LAVERNE 2636 12TH AVE GREELEY, CO 80631 HP 1/70/79 10, 9/ ■/80 3 DS 2/12/79 1.00 25.00 30 9 13455 1310W NYSW 35 6 N 66 Y 5 1 62 FLATIRON PAVING C/O B0x 21588 DENVER, CO 50121 GRAVEL PIT 36 6 N 66 W S AP 7/13/90 AU 8/79/90 3 0 GW 12261F 1 62 FLATIRON PAVING COMPANY P 0 BOX 1304 GREELEY, CO 80631 150.00 61 10 SMN 36 6 N 66 Y S 2 N 8/20/67 139510. t 62 PULLIMI CHARLES 0.3E D GREELEY; CO 80631 I 700.00 39 8 NYSE 36 6 N 66 W $ 1<51<R 1 62 ECHO FARMS INC RT 3 OX SS GREELEY, W 50651 3 1 400.00 42 6 NYSE 36 6 N 66 W S 14S15R 1 62 ECHO FARMS INC RT33 BX 5; GREELEY, CO 50631 500.00 42 6 NY5E 36 6 II 66 W 5 34280 1 62 ANDRE MARY 2500 F 3 5r WED 6 EY, 21/668 3i 50.00 20 10 PAM 36 6 N 66 Y $ 39822 1 62 O[HOA JOHN 7711 u3F ST DEE L 11/25/69 0631 20.40 23 4 INS! 36 6 N 66 u $ 406/2 1 62 HARMER NEIL 8 DOROTHY Z603 IUTN 51 OREEL[T, LD 50031 50.00 21 6 NYSE 36 6 N 66 Y 5 3 D 4/ 1/70 12209/ 1 bl THISSER TIM 2701 F Sr. 0GAMEY, /83 1.00 3 1 00 15.00 40 12 18005 1900E NYSE 36 6 N 66 W 5 SESE 36 6 M 66 W S EP 3 0 20 12096/ A l 61 bUIIERRtL E R GREELEY, LD 50031 SESE 36 6 N 66 Y 5 Z W 7/ 8/81 3 D 152509 1 62 cumNINGHAm LLOT9 Al r6DAevae CALLARAR. w BUBue GW 12755 900E SESE 36 6 N 66 Y S 7z W 6/29/889/88 3 A 112500. 1 tl 5TtADIVIN M A !FS 83VcwS V 0.1 3 BA 43Au M unct., w ovvT 250.00 45 10 SESE 36 6 N 66 W S-- ZI 19932 1 62 Mtu HAM. RI s wA-53 112 urrEtt.[T, 5/26/64`47 434463'3 20.00 25 9 SESE 36 6 N 66 W 5-- 24 /185< 1 62 YIc9t R>PAPN mAEn 3vsY L Dsi 5 12/9/731 T, w BBol1 25.00 65 17 10205 480E SESE 36 6 N 66 W S-- 7 141640 1 62 nii Rt> BIKE R. c 3 3 0 / /54 W>An L. nwI2a >'Mal uRCLLn, w 815.00 22 665 700E SESE 36 6 N 66 W 5� u. 34250 A 1 61 ANDNtc MART [500 1 31 OMEILET, w 047031 Ow 35.00 40 11 12005 1350E SWSE 36 6 N 66 W S W 3/31/89 3 D• 25555 1 6/ ARRWwRR HMVLV 0.1 3 w srwft65T. w coo!1 3 x 10 2L 00 24 7 SYSE 36 6 N 66 Y S • V K 3 2 REPORT DATE 12/ 1/91 L COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION 151 USED ANNUAL ACRES GEOL WELL WELL WATER SEC LO[AT'N TOWN P P ACTIVITY STATUS M CD DATE CD DATE YD MD DB USE 1'DATE ANNUA ICR GAOFREOL YIELD DEPTH LEVEL SE LOCATES OTRS SC TOWN RANGE - 111958 1 62 ERICKSON C E GREELEY, CO 80632 IN5W 36 6 N 66 W S 5 NP 10/18/79 3 [ 13240C 1 62 RA45EIER MARJORIE 2819 4TH ST. GREELEY, CO 80631 30.00 25 6 605 2480W SESW 36 6 N 66 W 5 1 62 MOYMAN JOHN BRUCE MARVIN 1115 11TH AVE GREELEY, LO 8063140 160.1 2G36Y 5 N 66 W S B AP 8/ 5/91 AI 8/77/91 1 D 1 62 HOYMAR JOHN BRUCE MARVIN 1115 11TH AVE GNEELLY, CO 806` SON 23150 S N 66 Y 5 5 AP 8/ 5/91 NI A/77/91 1 D 3153AD 1 62 MALONEY DANIEL R. GREELEY. CO 80631 NINE 1 S N 66 W S $ M 1 62 JOSE C T GREELEY, CO S 634 NENE 1 S N 66 V S 5 N 1(18/64 13084 R 1 72 0/8WEY D R GAE LFY, C D 60631 NENE 1 5 N 66 W S 5 W 6 10A64 160437 1 5/ NAND IRMA V 2331 7ST Si 4REELEY, CO 6V6n LOT 9 BLVC0Y1 FILING [ YARD ALRt>1250N 470E NENE 1 S N 66 W 5 s or 5/ ARD 3 D 16043/ Al 5/ 2/91 IRMA V 2331 IsT—ST GREELEY. LO eObsl 401 1 BLDtGM V 15.00u [ 35 D Attics 11 1200N 4601 NENE 1 5 N 66 W 5 5 W3 5/ 2/91 3 D 1308[0. 1 62 PIRNIE bER i0.WE R 3 EDWIN C Rl 3 OR 430 4Rt[LtT, w00011 250.00 25 6 NENE 1 5 N 66 W 5 8 74786 1 61 BOULTER BERNICE H i ROBtAr C 4342 L STREET w 50031 3 0 2/ 4/52 1 00 15.00 40 92N 630f NENE 1 5 PI 66 W 5 S 88560 1 61 ALFORD CHARLES LEE 2250 151 AVE 834 WAttLtT, LU 50031 3 D 11/20/50 15.00 20 980.1 280E NENE 1 S N 66 W S 6 91783 1 62 MOORE IRA E. B ALILE L. 114 H 23RD AVE LI WMtELtT, L0 50631 3 0 7/15/52 10.40 30 1100N 75E NENE 1 5 N 66 W S 5 912220E 1 6Z VILLA WEST MOBILE ESTATES 2/00 W C ST GNELET, Lv 547031 I S AV 6/20/91 3 D GW 330.1 1590E NINE 1 S N 66 Y S VI LLA 1 61 WEST MOBIL[ t>1A Rs [/uu W L >1 w s063GW 510N 2820W NNE 1 S N 66 W S I$ AV 6/20/91 3 D 3914/F I 61 91A YES1 PIDBIIt 3n carts [/47v W L >1 wec4cT, av sOoaCM 30.00 28 9 330N 1590E PARE 1 S N 66 W S FS W 6/11/91 3 0 39u pF 1 67 VILLA Ue a1 MD5ILC 3>Ta rts [/w Y L sr wctu T, Lv ever 30.00 28 9 510N 2820W NNINE1 5 N 66 W 5 t S W 6/11/91 3 D v _ 4618/ 1 61 Wiwi A! ^�7/23/91�3r At> B0^ 141 8/71 a. `° Ov5[0 15.00 21 6 FAME 1 S N 66 Y S E� 46155 1 6/ sALW4 5 RDBERI> ReRIAL> BOA 141 EYA^3• Lv 449929 NM[ 1 ! N 66 V 5 AN 7/23/91 3 D 8/18/71 15.00 23 6 4 5 154664 -, Lung ARIM [U) 23RV AYE. 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MAN .12_ggN_.. " fp" d=4:A NAiOP� [[�� 7R^ p �j J J J J J J J.'' J J J J J J J_� J J J Q a n:W y y� y�{�Jy yJ� JJ yJ� J��((( J_ yJJ� J J JJ yJ�{Jy J��((( JJr{r f.J i N g 3 3 g 3@ I S(}aW� p2�N 3 9�Wg 9 1 W W g W sJ3 -A g g ypg g E Zpg i p23 p23 I`I 0`i<i S Jg Ji 3 M ' i IIIIIIII2iC33Ziiif gt-j 3J�y(� ilr�lii'6 yiiiiiiii OiOO Mil E 9 mm m$��.� Rr ��F�`^�6R I �� W 12# EXHIBIT H WILDLIFE INFORMATION The reclamation plan for the site after the mining is completed is to create recreational uses for the pond and surrounding area. The most critical habitat and corridor for wildlife is immediately along the river. As noted on Exhibit C, the mining will be setback a minimum of 50 feet from the river. Revegetation of the site will include planting native grasses, trees, and shrubs which will benefit wildlife in the area. In addition, any trees removed during excavation shall be replaced by new plantings along the riparian portion of the property to help enhance wildlife. **The Colorado Division of Wildlife has been contacted for their input and can offer the following recommendations and observations: The land is not significant wildlife habitat and will not permanently displace any species. The reclamation plan will create better habitat than currently exists. The property is currently used as agricultural land for farming and grazing of livestock. Wildlife Species List Wildlife species indicative of a lowland riparian ecosystem would occur on the property. Common wildlife species found on or near the site include whitetail deer, raccoon, fox squirrel, rock squirrel, red fox, striped skunk, beaver, small rodents, bats, and several species of songbirds and raptures. No nesting activity by hawks has been documented in this area. The existing large pond in Island Grove Park to the east currently contains a diverse warm water fishery including: sunfish (mixed species), largemouth bass, crappie, black bullhead, carp, suckers, and a variety of forage fish. Additionally, one can find several species of reptiles and amphibians associated with the pond and adjacent shoreline. Any of these species can be expected to be found in the smaller ponds at the north end of the proposed site. **NOTE: See Division of Wildlife letter under Exhibit E. H1 930473 Endangered/Critical Species Impacted Approximately 1/4 mile from the site on the north side of the river is a known bald eagle winter roost. Mining activities at an adjacent County gravel pit and an adjacent Bucklen Equipment Company, Inc. gravel pit do not seem to disturb the birds. Therefore, mining activity at this proposed site should not disturb this roost either. H-2 930473 EXHIBIT I SOILS INFORMATION The following information regarding the soils for this application was obtained from the Weld County Soils Survey prepared by the U.S.D.A. Soil Conservation Service. The property lies within the floodplain of the Cache La Poudre River. The soils are classified as aquolls and aquents by the Soil Conservation Service. The soils are essentially a valley fill aquifer of sand and gravel overlain by a layer of topsoil and some overburden. The sand and gravel is interspersed with lenses of clays and silts that were deposited by floods. The water table is high due to the close proximity of the river. It tends to fall in the late summer and all through the winter as the river levels recede. The copy of the SCS information is enclosed for reference. These soils are identical to the ones found in the original permitted area. I-1 930473 ��`� ��'�yyyyyyyyyyyy EXHIBIT I 33 "" ( ' 15 _ 3. . ,, 35 I .66W; 33 R65W • 53 • _ ffiomper Comm \._ T J *AAA ,fie •• :.r tii 16 4k 4 • - ._ " `h a. 34 ' y,a S' 32 if'- .o j "y ,s 33 3 �� 3 _.: .y.' j a 10' 3 3 10 - ' t Se 1 32 3 r...� % rJ r f) � 3 SITE LO_ CATION v •�. T6N v 10 ,. 3 (' . .. ' ,: • sir 9 Cpl AT' , 50 Cl ; ` �o 50 - - �RADo AND T5N , �a,>� so .� 3 as OTHER 3 S+" 1 6 e.52 • • 51 • e 5 * ... 63 47 47 Z r 50 Y �� Y: a Yy r xrt as � � W47 Z / 76 52 f ` ,, 't i� 1. i71' 4 '. 1- r'.'• = t. 47 a i LI '1 12 o f i it ;. }{` E ; w 0 2000 ED WELD COUNTY 'rt 1'=2000' N J BUCKLEN EQUIPMENT CO. PIT TUTTLE APPLEGATE, INC. SOILS MAP .= Cen990 ,w Lied iSreeorceuite,e410 — 11990 Grant Street; Suite 410 T Denver, Colorado 80233 p 13031452-6611 9::.4'ry�3 10—Bank 4 sandy loam, 0 to 3 percent slopes. This is a deep, somewhat excessively drained soil on flood plains at elevations of 4,450 to 5,000 feet. It formed in stratified recent alluvium along streams and rivers. In- 3—Aquolls and Aquents, gravelly substratum. This cluded in mapping are numerous sand and gravel bars nearly level map unit is on bottom lands and flood plains and small areas of noncalca eou soils. of all the major streams in the survey area. Aquolls, Typically the surface layer of this Bankard soil is brown sandy loam about 4 inches thick. The underlying which have a dark colored surface layer, make up about material to a depth of 60 inches is pale brown calcareous 60 percent of the unit. Aquents, which have a lighter sand stratified with thin lenses of sandy loam, loam, and colored surface layer, make up about 35 percent. About 5 fine gravel. percent is Aquepts and Bankard sandy loam. Permeability is moderately rapid. Available water These are deep, poorly drained soils that formed in capacity is low. The effective rooting depth is 60 inches or recent alluvium. No one pedon is typical. Commonly the more. Surface runoff is slow, and the erosion hazard is soils have a mottled, mildly alkaline to moderately al- low. kaline loamy or clayey surface layer and underlying This soil is suited to limited cropping. It is sandy and material and are underlain by sand or sand and gravel subject to flooding. Pasture is the best use. Tall wheat- within 48 inches. In places they have a gleyed layer in the grass, tall fescue, and annual sweetclover are some of the underlying material. most suitable crops. Light, frequent irrigation by furrows Most of the acreage is subject to flooding. The water and flooding is best. Commercial fertilizer improves the table is at or near the surface early in spring and recedes amount and value of forage produced. to as deep as 48 inches late in fall in some years. The potential native vegetation is dominated by These soils are used for rangeland and wildlife habitat. switchgrass, indiangrass, sand bluestem, sand reedgrass, Some small areas have been reclaimed by major drainage sideoats grama, needleandthread, and blue grama. Much and leveling and are used for irrigated crops. of this range site includes other soils and vegetation in The potential native vegetation is dominated by alkali such a complex pattern that it is difficult to map them sacaton, switchgrass, and western wheatgrass. Saltgrass, separately. Potential production ranges from 2,500 pounds sedge, rush, and alkali bluegrass are also prominent. per acre in favorable years to 1,500 pounds in unfavorable Potential production ranges from 3,000 pounds per acre in years. As range condition deteriorates, the tall and mid favorable years to 2,000 pounds in unfavorable years. As grasses decrease; blue grama, sand dropseed, and forbs increase; and forage production drops. Undesirable weeds range condition deteriorates, the switchgrass, alkali sacaton, and western wheatgrass decrease and saltgrass, and annuals invade the site as range condition becomes sedge, and rush increase. poorer. Management of vegetation should be based on taking Management of vegetation should be based on taking Seed- half and leaving half of the total annual production. Seed- ing and leaving half of the total annual production.ing is difficult and costly because numerous tillage prac- mg is desirable only in areas large enough to interseed or flees are required to eliminate the saltgrass sod. to prepare a seedbed. ittleSwitchgrass, sand bluestem, sand q gr reedgrass, sideoats grama, little bluestem, blue grams,pu- Switchgrass, western wheatgrass, alkali sacaton, tall bescent wheatgrass, and intermediate wheatgrass are wheatgrass, and tall fescue are suitable for seeding. They suitable for seeding. This soil can be seeded by using an can be seeded into a clean, firm seedbed. Seedbed interseeder or a firm, clean sorghum stubble. A grass drill preparation usually requires more than 1 year to is required. Seeding early in spring has proven most suc- eliminate the saltgrass sod. A grass drill should be used. cessful. Seeding early in spring has proven most successful. This soil is generally not suited to the establishment Wetland wildlife, especially waterfowl, utilize this unit. and growth of trees and shrubs. Onsite investigation is The wetland plants provide nesting and protective cover, needed to determine feasibility and possible tree and as well as some food. The nearby irrigated cropland, shrub species. where wildlife obtain much of their food and find protec- Wildlife is an important secondary use of this soil. The tive cover, makes this unit valuable to both wetland and , cropland areas provide favorable habitat for ring-necked openland wildlife. pheasant and mourning dove. Many nongame species can Openland wildlife, especially pheasant, use this unit for be attracted by establishing areas for nesting and escape cover and nesting. Deer find excellent cover in some cover. For pheasants, undisturbed nesting cover is essen- areas. tial and should be included in plans for habitat develop- These valuable wildlife areas should be protected from ment, especially in areas of intensive agriculture. Range- fire and fenced to prevent encroachment and overuse by land wildlife, for example, deer and antelope, can be at- livestock. They should not be drained. tracted by managing livestock grazing and reseeding These soils have good potential as a source of sand and where needed. gravel. Capability subclass VIw; Salt Meadow range site. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, VIw nonirrigated; Sandy Bottom land range site. 930473 50—Otero sandy loam, 0 to 1 percent slopes. This is a deep, well drained soil on smooth plains at elevations of 4,700 to 5,250 feet. It formed in mixed outwash and eolian deposits. Included in mapping are small areas of soils that have loam and clay loam underlying material. Typically the surface layer is brown sandy loam about 12 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous fine sandy loam. Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Generally, such charac- teristics as a high clay content or a rapidly permeable substratum slightly restrict some crops. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top,yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. Ring-necked pheasant, mourning dove, and many non- game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Otero soil. This soil has excellent potential for urban and recrea- tional development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability subclass Its irrigated. 930473 1 . EXHIBIT J EXISTING VEGETATION The property consists of two distinct areas in terms of vegetation. A riparian area of approximately three acres can be found situated between the Poudre River and the north pond. This area is characterized by cattails, sedges, wetland grass species, Cottonwood/Willow growth, Russian Olive and Boxelder. The woody vegetation surrounding the ponds is predominantly Russian Olive with Cottonwoods and Willows in evidence. The banks of the ponds are sparsely vegetated with weeds. The uplands that make up Phase 2 consist of cropland and pastureland for grazing. This area has very little tree or shrub cover. Several large Cottonwoods remain at the perimeter of the pasture area. This information was supplied by the Colorado Division of Wildlife after several visits to the site. Please refer to their letter following Exhibit E. J-1 930473 EXHIBIT K CLIMATOLOGY REPORT NO. 77-I GREELEY 05 3536 4 COLORADO CLIMATOLOGY OFFICE COLORADO STATE UNIVERSITY FT. COLLINS, CO. 80523 • TEMPERATURE I FI PRECIPITATION ( INCHES) - MANE E>TRETEs ti*.':!.: cr6r sox... SLEET 7i A'. 1.: Oi CNs ML MIN a uF II f, uJ .- It g r fZ CW a OOy ' O6. 00 O0 00 2 IA WI F IX 2 mu a O ft VW uW IffEr 1� > ' Lb i s y y VY 1 C L� -Z LI C -Q .1..7 up' 4S fS 1S RZ p a Pf P nO em i on p L ZO O .r C . r JAN 59.0 9.9 23.9 67. 1955 C2 -3:. 1962 11 0.0 9.4 31.0 7.3 .27 .35 7962 9 3.0 9. 1956 30 1.0 0.0 C.. IT,B 43.7 14.7 20.2 75. 1954 9 -39. 7057 1 0.0 5.4 27.9 2.6 .2O .42 1959 II 3.2 6. 29..10 29 1.! 0.0 0.0 MAR 40.1 22.9 35.0 OC. 1965 29 -19. 1960 3 0.0 3.7 29.3 1.4 .71 .95 7961 20 11.5 19. 1059 26 1.9 .2 0.0 APR 64J 32.3 $6.6 05. 1060 22 0. 2057 O 0.0 .6 15.1 .2 1.06 1.50 1957 2 3.3 U. 1953 12 2.3 .3 .2 MAr 72.2 33.3 57.9 95. 1954 21 23. 1954 2 .9 .7 1.9 0.0 2.37 1.00 1963 30 0.0 0. 0 0 4.7 1.5 .4 %M4 02.7 52.0 67.4 106. 7954 24 52. 1954 3 9.7 0.0 .1 0.0 1.71 2.69 1962 30 0.0 0. 0 0 3.0 1.0 .5 JUL 09.9 57.3 73.6 105. 2954 1: 40. 7952 I 19.4 0.0 0.0 0.0 1.30 1.31 1967 1 0.0 0. 0 0 3.0 .7 .2 AU: 96.7 54.7 71.7 100. 7955 1 30. 1064 29 17.5 0.0 0.0 0.0 1.33 2.03 1963 10 0.0 0. 0 0 3.2 .5 .1 SEP 10.7 44.6 61.4 Si. 7653 I 26. 7965 79 3.6 0.0 1.6 0.0 1.25 1.60 1063 21 .5 0. 0 0 3.2 1.0 .2 0:T 67.6 33.: 51.4 99. 1953 2 73. 1954 31 0.2 .7 14.4 0.0 .75 .94 1960 19 .1 2. 1951 6 2.1 .5 0.0 NC6 51.1 22.2 35.2 77. 7965 I -19. 1052 27 0.0 3.6 29.2 .0 .39 .49 1955 II 3.2 10. 1956 20 1.5 0.0 0.0 DE: 32.7 :3.7 27.6 69. 1964 23 -19. 1954 29 0.C 1.7 30.0 2.9 .29 .50 1950 12 3.0 12. 1959 13 1.0 .1 0.0 14::.:: 63.5 32.9 40.2 43. 29. 191. 15. 11.7 27. 20. 6. 2. PRECIPITATION WI IN PROAABIL ITT ECUAL OR LESS THAN ►R00, LEVEL JAN FEB MAR APR MAY JON JUL AU6 SEP OCT NOV DEC ANNUAL .05 0.00 0.00 7 .10 .10 .44 .3? .IP .24 0.00 0.00 0.00 0.00 6.91 .10 .O4 .I1 .2P .16 .66 .47 P .24 .09 .05 0.00 .01 7.77 • 0 .09 I1 .26 .32 1.00 ,12 .41 .•2 .29 .17 .13.30 .74 .20 .35 .47 1.32 .96 .65 .6 .40 :PI •2• .46 .63 65 19 .04 81 P .28 .21 .00 9 01 .69 .41 .28 .1♦ 11.62 .27 51 2.00 1.64 1.05 2.2� .9? 55 l4 1 .42 :60 .28 .31 .71 1.03 2.41 1.73 1.29 1.29 120 .71 • J .70 .. 3 .077 1.30 2.49 2.00 1.59 1.62 2.55 92 .50 .35 13.19 .00 4 •.0 1.09 1.61 3.53 2.54 1.99 2.06 2,03 .21 .61 .47 ♦.35 .90 5 ,4A ♦5 2.24 4.i 3.29 2.65 2.90 2.04 7 .78 .60 6.06 0 .70 .55 .OD 2.69 5.55 3.99 3.28 3.52 3.63 �.18 .95 .90 7,57 •`PMA 1.82 ♦.08 1.63 1.13 2.09 2.10 1.65 1.41 1.25 1.2♦ 2.54 1.02 12.04 BEN .16 ,06 N .00 1.14 .R2 .79 94 7.07 .64 .17 .30 .91 0 .06 •06 0.00 000 0.00 0.00 0.00 0.00 .06 .06 .13 .06 0.00 MIND GAMMA C19TAIRUT10•: PATTED TO DATA ALPHA. SHAPE PARAMETER .ETAT SLLE DAMAHE TTA p. N0. Or NnNTN5 HAVIl0 2190 PREC:P;1AT3';•/TIi>4 NO. Ur re '_, MEDIAN PRECIPITATION AMOUNTS ARE INDICTTEL AT THE .50 .; PROSASILITY LEVEL 930473 EXHIBIT L RECLAMATION COSTS As mentioned in Exhibit D, only a portion of the site is disturbed at any time due to mining in stages and concurrent reclamation. This Mining Plan has been designed to limit the amount of handling of the topsoil and overburden material. In order to calculate the reclamation costs at any given time, we have selected two mining stages in Phase 2 of area A. Area B would be considered to still be in use. As stated in Exhibit D, Area A will be mined at a 3H:1V slope. No backfilling of the pond slopes will occur. If an operator default occurs, the dewatering pumps will be turned off and the pit will fill with groundwater. Therefore, any disturbed ground below the final lake elevation is not included in this cost estimate. Area B would be leveled, scarified, topsoiled with six inches of growth medium, and seeded. Summary of Reclamation Costs Major Disturbance $ 4,977.25 • Moderate Disturbance $ 31,245.75 Minor Disturbance $ 25,461.25 TOTAL RECLAMATION COSTS $ 61,684.25 Administrative Fee (15.8%) $ 9,746.11 Proposed Reclamation Bond $ 71,450.00 Bonded Cost per Acre at 33.16 Acres $ 2,154.70 Li 930473 MAJOR DISTURBANCE Unit Unit IIsmm 1 A% Quantity Price Price Scarify prior to placement of topsoil Acre 0.56 $725.00 $ 406.00 Spread 12" topsoil C.Y. 2,517 $ 1.25 $ 3,146.25 Seeding, fertilizing, mulching Acre 1.56 $500.00 $ 780.00 Re-seeding Acre 0.39 $500.00 $ 195.00 Trees Each 5 $ 40.00 $ 200.00 Shrubs Each 10 $ 25.00 $ 250.00 TOTAL $ 4,977.25 Notes/Description Scarify prior to placement 0.56 acres of overburden/topsoil stockpiles of topsoil Spread 12" of topsoil 1.56 acres shoreline and stockpile areas Seeding, fertilizing, 1.0 acres graded shoreline above waterline. mulching 0.56 acres where overburden/topsoil stockpiles have been removed Re-seeding (25%) 0.39 acres non-acceptable germination L-2 930473 MODERATE DISTURBANCE Unit Unit Iem Unit Quantity Price Price Scarify prior to placement of topsoil Acre 12.52 $725.00 $ 9077.00 Spread 12" topsoil C.Y. 1807 $ 1.25 $ 2,258.75 Spread 6" topsoil C.Y. 9196 $ 1.25 $11,495.00 Seeding, fertilizing, mulching Acre 12.74 $500.00 $ 6370.00 Re-seeding Acre 3.19 $500.00 $ 1595.00 Trees Each 5 $ 40.00 $ 200.00 Shrubs Each 10 $ 25.00 $ 250.00 TOTAL $31,245.75 Notes/Description Scarify prior to placement. 1.12 acres backfilled shoreline of topsoil 11.4 acres processing plant and product stockpiles Spread 12" topsoil 1.12 acres shoreline Spread 6" topsoil 11.4 acres processing plant and product stockpiles Seeding, fertilizing 1.12 acres backfilled/topsoiied shoreline. mulching 0.22 acres settling ponds 11.4 acres processing plant and product stockpiles Re-seeding(25%) 3.19 acres non-acceptable germination 930473 L-3 MINOR DISTURBANCE Unit Unit item Quantity Price Price Scarify prior to placement of topsoil Acre 0.00 $750.00 $ 0.00 Spread 12" topsoil C.Y. 1807 $ 1.25 $ 2,258.75 Spread 6" topsoil C.Y. 10890 $ 1.25 $13,612.50 Seeding, fertilizing, mulching Acre 14.62 $500.00 $ 7,310.00 Re-seeding Acre 3.66 $500.00 $ 1,830.00 Trees Each 5 $ 40.00 $ 200.00 Shrubs Each 10 $ 25.00 $ 250.00 TOTAL $25,461.25 Notes/Description Spread 12" topsoil 1.12 acres regraded areas Spread 6" topsoil 13.5 acres regraded areas Seeding, fertilizing, mulching 14.62 acres regraded areas Re-seeding(25%) 3.66 acres non-acceptable germination L-4 930473 EXHIBIT N OTHER PERMITS AND LICENSES The following permits are also required for the proposed operation: APEN NPDES EPA Stormwater Discharge Permit Weld County Use by Special Review Permit Substitute Water Supply Plan The following permits have already been obtained: APEN NPDES We are currently in the process of applying for the remaining permits and will submit the approved permits when they become available. EXHIBIT 0 SOURCE OF LEGAL RIGHT TO ENTER The following deeds are submitted as proof of the applicants legal right to enter onto the property and also as proof of the applicants interest in mining the property. 1) Amendment Area A - See Item 1 2) Amendment Area B - See Item 2 (Book #797-Recep. 1719314 Exhibit A#5) N/0-1 930473 Recorded at o'clock —M., — ITEM 1 Reception No. _ Re. seer. WARRANTY DEED THIS DEED,Made this 1st day of October 1987 • between G. FLOYD ADAMS I..I•II of the *County of Weld • i! State of Colorado,grantor,and BUCICFN EQUIPMENT COMPANY, INC., a corporation organized and existing under and by virtue of the laws of the State of Colorado ,grantee:whose legal address is WITNESSETH,That the grantor,for and in consideration of the sum of i I DOLLARS, I One hundred thirty e thousand and no/100-------- --' the receipt and sufficiency of who h is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell, I I convey and confirm,unto the grantee,its successors and assigns forever,all of the real property,together with improvements,if any,situate,lying and j 1 being in the County of Weld and State of Colorado,described as follows: I I II All that part of Lots 1 and 2 of the SE; of the SWq and of Lot 3 of the IslEk of the SWa of Section 31, Township 6 North, Range 65 West of the 6th P.M., • according to the subdivision of lands by the Union Colony of Colorado, lying south of the south bank of the old bed of the Cache la Poudre River. Together with any and all water rights, ditch and ditch rights, reservoir and reservoir rights appurtenant to the property including but not limited Il DF to 5 shares of the capital stock of The Greeley Irrigation Company, 5 shares II $13.00 I; of the capital stock of The Gore Lateral Company, and together with one i I City of Greeley water tap. I See attached Exhibit "A" attached hereto and incorporated herein by reference for mineral reservation. I also known by street and number as: I TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining. and the reversion and reversions, remainder and remainders,rents, issues and profits thereof,and all the estate,right, title,interest,claim and demand whatsoever of the i. grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. I TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances.unto the grantee.its successors and assigns I forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant.bargain and agree to and with the grantee.its successors and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect, I I absolute and indefeasible estate of inheritance,in law,in ice simple,and has good right,full power and lawful authority to grant.bargain,sell and convey I I the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales.liens.taxes,assessments. • encumbrances and restrictions of whatever kind or nature soever,except the general real estate taxes for 1987 !I due and payable in 1988; and all subsequent real estate taxes; and except all II reservations, restrictions, easements and rights of way of record, if any; and k 659 I' Terms of Agreement recorded in Boo as Reception No. 1580651, and Oil and ***.' The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural. the plural the singular.and the use of any gender shall be applicable to all genders. • IN WITNESS WHEREOF,The grantor has executed this deed on the date set forth above. Fly T""'�! i{ ***Gas Lease recorded in Book 979 STATE OF COLORADO. ,, at Reception No. 1906355. County of Weld 1st October 87 The foregoing instrument w acknowledged before me this das of . 19 as - by G. Floyd Adams February 26, 1991 My commission expires WITNESS my hand and official seal. %.w Putt. 1113 10th Ave., Greeley, CO 80631 . "'Lip Wn*4 thin::Co rod." • No.952.Rer.YIk5. ,%APRAaTl DEED Ito Corporation I for Photographic Nevoid 1-xS Rm m JLl t'uhh.hmy.51C:5 V: hth Me .t.trx,.,d.CO 1411214Mob Y J—, i..J.10 9304'73 EXHIBIT "A" Together with 100% of all oil, gas and mineral rights now owned by Grantors, except reserving unto the Grantors, their successors and assigns 100% of their proportional royalty interest and income from the production of the existing well Bucklen #12-31 under Lease #62784-000 as dated October 11, 1982 recorded October 13, 1982 in Book 979, Reception No. 1906355. Extension of the above lease as claimed by affidavit of production pursuant to CRS 38-42-106 by William G. Crews as attorney-in-fact for Joan R. Neumiller dba Sunshine Valley Petroleum, recorded November 18, 1985 in Book 1092 as Reception No. 2032528. Said reservation shall be under the terms of the lease in connection with production specifically attributable to the Bucklen #12-31 Well only, as such well now exists and as the same may be reworked, deepened or recompleted. from time to time. This reservation shall however, terminate and be of no further force or effect upon plugging, and abandonment of the Bucklen #12-31 Well or the termination of the lease due to cessation of production whichever shall occur first. 930473 —. .. - clock / M., ppK Re girded at w MAY" 16 197 � '7� �f Reception 1Qn......., W3�4..... MARY..ANN-FELL: iri....,...Recnrder. ITEM 2 ! '�� - l RFC!_. . :_ L RECORDElk SWo- 1992 t This Deed, Made this 1O day of /4/ 1977 CC 9 ' • between GREELEY SAND AND GRAVEL COMPANY, a Alolorado --t Corporation 1 State Documentary Fr:a U a corporation duly organized and existing under and by virtue of the laws of the State of Colorado of the first part, and BUCKLEN Dote MAY 16 1971 EQUIPMENT COMPANY, a Colorado Corporation, .c/ %57) ., e-• 1 31 . /1, p7I- ' l4ve4Ker Greeley, 'a""'° $ In a corporation duly organized and existing under and by virtue of the laws ON 1-,1 of the state a Colorado of the second part; r- l� • r-I WITNESSETH, That the said party of the first part, for and in consideration of the sum of other valuable consideration and TEN DOLLARS ,d' to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby O confessed and acknowledged, hath-granted, bargained, sold and conveyed, and by these presents does grant, bargain, c0 sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following rt described or parcel of land, situate, lying and being in the County of Weld ,.{ O and State of Colorado, to-wit: c O O See Exhibit A attached hereto v NOTE! THIS DEED RE-RECORDED TO SHOW CORRECT TOWNSHIP NUMBER ON 'o .-.1 EXHIBIT A, PARCELS 2. AND 3. THEREIN, TO READ "TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6th P.M. , WELD COUNTY, = COLORADO." x T C] Ci •%a }• TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise a. appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or 1 equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. 1 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the ON said party of the second part, its successors and assigns forever. And the said GREELEY SAND AND GRAVEL COMPANY, a Colorado Corporation n ON party of the first part, for itself, its successors and assigns, doth covenant, grant, bargain and agree to and with the ,_ s..0 said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these pres- r.2(11 ents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of r- inheritance, in law, in fee simple, and bath good right, full pewit- and lawful authority to grant, bargain, sell and convey the sante in manner and form aforesaid, and that the sante are free and clear from all former and other C grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever; Subject to any exceptions, conditions, restrictions and reservations of record, also a? ri subject to 1977 real property taxes due and payable in 1978. en e-t O and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its suc- 0 cessors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. r' IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto sub- r eel scribed by its president, and its corporate seal to be hereunto affixed, attested by its N secretary, the day and year first ore written. I!' Attes • GREELEY SAND�ANNND GRAVEL COMPANY ��' :,�,G<�'^ `P - �' �.l-e� B�Ra!1 Ralph H. Cow n�' drr.ta.n�.... �� sqktb tnuuir Li 54 r T OF r'''',114=0,Ar�1 t p i 4: .r g.-4,--sCounty of 243/N.: The f tpng instrument was acknowledged before me this /O day of MAY r ,-tP'K7�bby :Ralph H. Cowan :�'Yr6 dypda''A, ►3 LI „ i-o iSamuel S. Telep as ;`�:,.f�ecrt s�', v'`;n-., --"'•' .'4;SiREELEY SAND AND GRAVEL COMPANY �i�91�ti a eorptua o seetee OOLOllh .•.. My notarial commission expires fv's Ccr., 1':E;:c1 i.;. :iatt Jtl:1i: 2, j; `sVCst. i • 4v.... upttda Witness my hand and offi ' eal. �y)�_ �• V tyt4 -• gq 7 No,767. WARRANTY DEED--Corpor,non to Corpor,ren—Brdfoed Publishing Co..152446 Stout Street,Deaver.Colorado 447 930473 1'7g2t;y3 1 r�l�ut1 BOOIC . • 797 801 J EXHIBIT A 3 - LEGAL DESCRIPTION EXHIBIT A 1 . A tract of land lying in Section 31, Township 6 North, Range 65 West of .the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Commencing at the southwest corner of the East Half (E;) of the Northeast Quarter (NE4) of Section 36, Township 6 North, Range 66 West of the 6th P.M; , Thence East 1,726.11 feet to a point on the centerline of the Cache La Poudre River, said point being the True Point of Beginning; Thence continuing East 1,142.00 feet; Thence North 37°21'00" West 266.77 feet; Thence North 25011'00" West 115.35 feet; Thence North 35033'00" West 66.30 feet; Thence North 54°23'00" West 32.76 feet; Thence North 76°05'30" West 42.97 feet; Thence North 51°52'00" West 115.17 feet; Thence North 67°30'00" West 128.35 feet; Thence North 77°14'00" West 71.82 feet; Thence South 77°34'30" West 62.33 feet; Thence South 88°03'20" West 46.31 feet; Thence South 62°42'00" West 73.40 feet; Thence South 66°26'30" West 82.93 feet to a point on the present North bank of the Cache La Poudre River; Thence South 33°08'50" West along the present centerline of said river and its northerly extension, 542.39 feet to the True Point of Beginning. The above described tract containing 9.129 acres, more or less, and 2. That part of Lot 2 of the Northwest Quarter (NW4) of the Southwest Quarter (SW1) of Section 31, Township 6 North, Range 65 West of the 6th P.M. in accordance with the subdivision of lands by the Union Colony of Colorado, Weld County, Colorado, and being more particularly described as follows: Beginning at the West Quarter (W4) corner of said Section 31 and considering the West line of said Section 31 to bear North 01°05'50" West, and with all other bearings described herein, relative thereto; Thence North 89°39'10" East 476.00 feet; Thence South 40009'10" West 409.75 feet; Thence South 23034'50" East 254.10 feet; Thence North 65039'10" East 493.55 feet; Thence South 01°29'10" West 355.50 feet; Thence South 89°39' 10" West 740.48 feet to a point on the West line of said Section 31; Thence North 01005'50" West and along the West line of said Section 31, 699.70 feet to the Point of Beginning, said parcel of land containing 7.467 acres, more or less, and u 3. That part of Lot 2 of the Northwest Quarter (NW4) of the Southwest Quarter (SW4) of Section 31, Township 6 North, Range 65 West of the 6th P.M. in accordance with the subdivision of lands by the Union Colony of Colorado, Weld County, Colorado, being more particularly described as follows: Commencing at the West Quarter (144) corner of said Section 31 and considering the West line of said Section 31 to bear North 01°05'50" West, and with all other bearings described herein, relative thereto; Thence North 89039' 10" East 476.00 feet to the True Point of Beginning; Thence continuing N jah 89039' 10" East 296.03 feet; Thence South 01° 9'lO West 344.50 feet; Thence South 65°39' 10" West 493.55 feet; Thence North 23°34'50" West 254.10 feet; Thence North 40°09'10" East 409.75 feet to the True Point of Beginning, said parcel of land containing 4.680 acres, more or less, and 4. A tract of land lying in the Northeast Quarter (NE4) of Section 36, Township 6 North, Range 66 West and in the Northwest Quarter (NW4) of Section 31, Township 6 North, Range 65 West of the 6th P.M. in Weld County, Colorado being more particularly described as follows: Page one of two pages 930473 - -' a-1797 81)1 - 3 A • Commencing at the southwest corner of the East Half (Eh) of the Northeast Quarter. ' • (NE4) of Section 36, Township 6 North, Range 66 West of the 6th P.M. ; 4. • Thence North 89°39' 10" East along the South line of the Northeast Quarter (NE;) of said Section 36, a distance of 898.70 feet to a point on the westerly, bank of the Cache La Poudre River, said point' being the True Point of Beginning; Thence northerly along the westerly • Tbank of the Cache La Poudre River by the 1 following courses and distances: North 07052'30"046' 10" East,' 122.80 feet 207.45 ; North 23023'30"23023'30" East, -157.18 feet; Thence South 55°08'30" East, 87.40 feet to a recovered iron pin on the east bank of the Cache La Poudre River; Thence South 38°31'50" East, 228.32 feet to a recovered iron pin; Thence South 00°44'30" West, 25.50 feet to a recovered iron pin; Thence North 70°02' 30" East, 407.12 feet to a recovered iron pin; Thence North 78°45'30" East, 471.35 feet to a recovered iron pin; Thence North 66°26'30" East, 69.32'feet to a recovered iron-'pin on the north bank of the Cache La Poudre River which lies on a northerly extension of the present river channel ; Thence South 33°08'50" West along the centerline of the present river channel and its northerly extension, 545.63 feet to its intersection with the South line of the Northwest Quarter (NWj) of said Section 31, Township 6 North, Range 65 West; • N Thence South 89°39' 10" West along the South line of said Northwest Quarter (NW 1/4) and the Northeast Quarter (NEa) of Section 36,/ Township 6 North, Range 66 West, 822.21 feet to the True Point of Beginning_ The above described parcel contains 7.787 .acres , more or`lesS, and A f% The East Half (E2) of the North Half (N1,) of the Southeast Quarter (SEa) of Section 36, Township 6 North, Range 66 West of the 6th P.M. in Weld County, Colorado, containing 40 acres, more or less, and s he ter 6. The East Half (To) of the Northwest North1,eRangea65er WestWof thet6thSP.M. intWeldrCounty, ) r Cf ; 31,e Townshipprel Colorado; except parcel as conveyed in deed recorded August 5, 1959 in Book 15 7, page 585, Weld County Records; also, except parcel as conveyed by deed recorded .E June 11, 1964 in Book 516, under Reception #1438304, Weld County Records; also, except parcel as conveyed by deed recorded December 1, 1972 in Book 681, under . Reception #1602762, Weld County Records; under Reception aarcel s conveyed dobytddeed r `c recorded October 17, 1968, un Book 601, Records. All of the above described land to include all improvements located thereon, excepting the gravel plant and any other improvements previously sold; subject, however, to reservations and exceptions contained in United States Patents and to reservations of minerals made by prior uwners. Page two of two pages 930473 EXHIBIT P OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF RECORD OF SUBSTANCE TO BE MINED Bucklen Equipment Company, Inc. 804 North 25th Avenue Greeley, CO 80631 P-1 930473 EXHIBIT Q MUNICIPALITIES WITHIN TWO MILES City of Greeley 1000 Tenth Street Greeley, CO 80631 (303) 350-9740 Q-1 930473 ADDITIONAL INFORMATION Item 1 Permission to mine by adjacent property owners (3)* Item 2 Mined Land Reclamation Division approval letter dated August 26, 1982 (1)* Item 3 Colorado Historical Society letter (1)* *( ) = quantity attached 930473 March 21, 1992 .tic/ti�r� � R Abstar Dienedott 322 North 21 Avenue Greeley, Co. 80631 Re: Mine Plan Application Dear Mr. Dienedott, Bucklen Equipment Compnay Inc. will make application to increase their mine permit to include the property 501 North 21 Avenue, located north end of 21 Avenue between 21 Avenue and west of Island Grove Park. If fencing is mandated as part of the permit, we would install a 10 foot gate for your access from North 21 Avenue to maintain your buildings along the property line. I then request your permission to start the mine slope 15 feet north of the gate location. If this propossed plan is acceptable to you, please acknowledge your permissions by signing below. / ILic ar . Buc len - Abstar Dienedott Bucklen Equipment Co Inc. 322 North 21 Avenue 804 N 25 Avenue Greeley, Co. 80631 Greeley, Co. 80631 Correction: Abstar Diengdoh 930473 March 18, 1992 Ralph A. Cowan 2326 W. 24 Street Road Greeley, Co. 80631 Re: Mine Plan Application Dear Mr. Cowan, Bucklen Equipment Company Inc. will make application to increase their mine permit to include the property 501 North 21 Avenue, located north end of 21 Avenue between 21 Avenue and west of Island Grove Park. We are propossing to start the mine slope 20 feet east of the fence line. If this propossed plan is acceptable to you, please acknowledge your permission by signing below. rd F. Bucklen Ralph A. Cowan Bucklen Equipment Co Inc. 2326 W. 24 Street Road 804 N 25 Ave. Greeley, Co. 80631 Greeley, Co. 80631 930473 March 21, 1992 Phillip J. Kizer 401 North 21 Avenue Greeley, Co. 80631 Re: Mine Plan Application Dear Mr. Kizer, Bucklen Equipment Company Inc. will make application to increase their mine permit to include the property 501 North 21 Avenue, located north end of 21 Avenue between North 21 Avenue and west of Island Grove Park. We are propossing to start the mine slope 20 feet east of the fence line. If this propossed plan is acceptable to you, please acknowledge your permission by signing below. 41 411/1612"--1 , chard Bu klen Phillip J. KCer A //' Bucklen Equipment Co Inc. 401 North 21 v 804 N 25 Ave. Greeley, Co. 80631 Greeley, Co. 80631 930473 STATE OF COLORADO RICHARD D AM. Governor DEPARTMENT OF NATURAL RESOURCES D.Monte Pascoe,Executive Director MINED LAND RECLAMATION 423 Centennial Building,1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director August 26, 1982 Richard and Suean Bucklen Bucklen Equipment Company, Inc. 804 North 25th Avenue Greeley, Colorado 80631 Re: Gravel Pit Near Greeley Application Our File No. 82-131 Dear Mr. and Mrs. Bucklen: This is formal notification of action taken by the Mined Land Reclamation Board on August 26, 1982. I am pleased to inform you that the Board approved the above-cited application, with financial warranty set at $7,300.00. Upon receipt of the financial and performance warranties, the permit will be issued. If you have any questions on this, please contact me. Sincerely SI U� 9v Jay Lucas Reclamation Specialist JL/mt Enclosures 930473 • Jle' tit frvP4anS Eaton, Colorado 80615 • ******************Ai:. ?IVIC ' "-.P T:'. TEF :ST k******************* CdF:T NO. 343: CY 1 Ai:G }i T 1 't'7 _. '» DATE 09/11/11 tlE HAVc ADDzD TNC '_ .fT?R':. ST ; FCn THT '.1 PAYMENT PERIOD TO flit A 'scni CLRTIF[C . 'T uF D Ci T T+ t '• Y. • ALANC FORwAR5 1'- ''' 74/e2a .NtE :: ST rAiU 7"7Y. 14 CUrtkENT BALANCE lr:, :' . 1 ? ' 7-7• I1CK__ N EWJIP:, NT T :C MATURITY DPTF UL :'T OF NAIL RE..:“. JR( IS 11 5FP ;:1 2::110 AVE - INTEREST FRAIL ok_ELtY. CD bc.31 -- 9?c 7. 01: 1 • • 930473 930473 Es p . COLORADO HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137 March 19, 1992 RECEIVED Pamela E. Acre Landscape Architect MAR 2 3 ter.= Tuttle Applegate, Inc. 11990 Grant Street, #410 Denver, Colorado 80233 Re: Bucklen Equipment Co. Pit - Greeley Dear Ms. Acre: This is to acknowledge receipt of your March 5, 1992 correspondence concerning the above proposed project. A search of the Colorado Cultural Resource Inventory indicated that there are no known cultural resources within the project area. Based on the information you supplied, we believe the present nature of the proposed project area is such that no (further) impact upon cultural resources will occur. Therefore, the proposed undertaking may proceed upon approval of the appropriate agency. However, if previously unidentified archaeological resources are discovered in the course of the project, work must be interrupted until the resources are properly evaluated in terms of the National Register of Historic Places eligibility criteria (36 CFR 60.4) in consultation with this office. Thank you for the opportunity to comment. If we may be of further assistance, please contact Jim Green at 866-4674. Sincerely, James E. Hartmann State Historic Preservation Officer JEH/WJG • 9x0473 (it DEPARTMENT OF PLANNING SERVICES 1111De PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORAAVENUEO631 COLORADO 80637 COLORADO February 16, 1993 CASE NUMBER: USR-1001 TO WHOM IT MAY CONCERN: Enclosed is an application from Bucklen Equipment Company for a Site Specific Development Plan and a Special Review permit for an open cut gravel mine in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 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 north of "C" Street, east of and adjacent to 21st Avenue. 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 March 2, 1993, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. Please refer to the enclosed letter. Signed: Agency: Date: 910473 Hello