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Home My WebLink About920610.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR AN OPEN CUT SAND AND GRAVEL OPERATION TO INCLUDE STOCKPILING, RECYCLING AND PROCESSING OF DEMOLITION MATERIAL (ASPHALT AND CONCRETE) IN THE A (AGRICULTURAL) ZONE DISTRICT - LOLOFF CONSTRUCTION COMPANY, INC. , C/O ED LOLOFF 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 8th day of July, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Loloff Construction Company, Inc. , c/o Ed Loloff, P.O. Box 518, Kersey, Colorado 80644, for a Site Specific Development Plan and Amended Special Review Permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SEt NW! and the S? NEt NW; of Section 4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Bob Ruyle, Attorney, 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. 920610 nr h Y)r'l SPECIAL REVIEW PERMIT - LOLOFF CONSTRUCTION COMPANY, INC. PAGE 2 The Comprehensive Plan also encourages land-use development proposals within an urban growth boundary area 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 May 26, 1992, 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. 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 agricultural production, rural residential, oil and gas production, and commercial development. The use can be made compatible with the future development of the surrounding area as permitted by the C-1 (Commercial) and R-1 (Residential) Zone Districts. d. The Special Review Permit site is located in the 100-year floodplain and the airport overlay districts. 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 an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) 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. 920610 SPECIAL REVIEW PERMIT - LOLOFF CONSTRUCTION COMPANY, INC. PAGE 3 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. 4. Within 30 days of approval by the Board of County Commissioners: a. The applicant shall amend the existing road maintenance agreement with the Weld County Commissioners and the City of Greeley Public Works Department. The agreements shall mitigate impacts of truck traffic generated on Balsam Avenue by the stockpiling, recycling, and processing of demolition materials and the gravel mining operation. b. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. c. Adequate toilet facilities served by an individual sewage disposal system, shall be installed. The toilet facilities shall be installed according to the Weld County Individual Sewage Disposal Regulations. d. 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 proposed operations. e. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. This plan shall address the expected traffic volume, and set standards for control. 5. The applicant shall submit evidence of compliance with Section 44.4.10 of the Weld County Zoning Ordinance regarding Insurance to the Department of Planning Services prior to the start of the sand and gravel operation. 6. The applicant and/or operator of the sand and gravel operation shall notify the Department of Planning Services, in writing, when starting the sand and gravel operation on site. 920610 SPECIAL REVIEW PERMIT - LOLOFF CONSTRUCTION COMPANY, INC. PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D. , 1992. 1 1 //// BOARD OF COUNTY COMMISSIONERS ATTEST: ` '_ / / Met G�2h WELD COUNTY, COLORADO Weld County Clerk to the Board - IL£anceL. Harbet, p e Keehedy, Chairman BY: 4-z_.-4_4 <= __c__,/,.._, ,,t., a Deputy Clerlf to the Board ro-Tem APPROVED AS TO FORM: r C. W. K' 1 T___ii G� ey County Attorney Gor o E. Lacy, iiilin W. H. ebster 920610 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LOLOFF CONSTRUCTION COMPANY INC. , C/O ED LOLOFF AMENDED USR-690 1. The Site Specific Development Plan and Special Review Permit is for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition materials (asphalt and concrete) as submitted in the amended 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. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to the issuance of building permits, the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management, the Weld County Emergency Response Coordinator, and the Western Hills Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 4. Vehicular traffic shall ingress and egress onto Weld County Road 41.5 as shown herein on the submitted Special Review plat. The haul route shall be from the point of ingress and egress south to Colorado Highway 263. 5. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with C.R.S. 37-90-137. Prior to extraction of sand and gravel, a copy of the approved well permit application shall be forwarded to the Department of Planning Services. 6. The Special Review area shall be enclosed by a six foot chain-link fence with a three-strand barbed wire top. The fence shall be erected prior to beginning the sand and gravel operation. 7. Signs stating "No Trespassing" shall be posted and maintained on the chain link fence at intervals of two-hundred feet (200' ) . 8. The owner/operator shall maintain a fifty-foot (50' ) setback from Balsam Avenue in the mining operation. 9. Structures on the site shall not exceed one-hundred-fifty feet (150' ) in height, in accordance with Airport Zone Height Limitations, Section 51.3 of the Weld County Zoning Ordinance. 920610 DEVELOPMENT STANDARDS - LOLOFF CONSTRUCTION COMPANY, INC. PAGE 2 10. No permanent disposal of wastes shall be permitted at this site. 11. Fugitive dust shall be controlled on this site. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to C.R.S. 25-12-102. 13. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 14. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: a. No fill, berms, or stockpiles shall be placed in the 100-year floodplain of the Cache la Poudre River which would obstruct passage of flood flows; and b. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of operations, all temporary buildings shall be removed. 15. The owner/operator shall plant a greenbelt along the entire south boundary of the Special Review site within one year of beginning the sand and gravel excavation. The greenbelt shall be planted and maintained in accordance with Soil Conservation Service recommendations. 16. The open cut gravel operation shall comply with Section 44.4, Operation Policies. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 920610 DEVELOPMENT STANDARDS - LOLOFF CONSTRUCTION COMPANY, INC. PAGE 3 21. 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. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 920610 NOTICE • The Board of County Commissioners of Weld County, Colorado, on July 8, 1992, 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: Loloff Construction Company, Inc. c/o Ed Loloff P.O. Box 518 Kersey, CO 80644 LEGAL DESCRIPTION: SE,' NW,'-, and the Si NE'-* NWe of Section 4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) Zone District SIZE OF PARCEL: 55. 170 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: c) k ,14-Qa�� Deputy Cl rk to the Board PUBLISHED: July 16, 1992, in the Windsor Beacon J acs:o AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of aM. THE BOARD hia.Me Ed Labli. lea 5U Kwea►,CO SY: WSW Yaw, WINDSOR BEACON BOBee > Deputy CS*M the D LEGAL a weekly newspaper having a general circulation in said DESCRIPTION:SE 1/4 PUBLISHED:July to, County and State, published in the town of WINDSOR, NW1N and the S 1/2 1992,In the Windsor NE 1/4 NW 1/4 o1 Beacon in said County and State; and that the notice, of which Sedba 4,Towrhp 5 the annexed is a true copy, has been published in said With,Range 85 West of the Ill,P.N.,Weld weekly foci__ successive weeks, that the notice County,Colorado was published in the regular and entire issue of every TYPE ANOWWENsm number of the paper during the period and time of OF APPROVED USE: publication, and in the newspaper proper and not in a An open out sand and gravel operation to supplement, and that the first publication of said notice include stockpiling, was in said paper bearing the date of the mining and pwswatng of demelblen material 4 day of Su , A.D., 19gq,- and Nona WOW and osn ame) in the Zoe A(A rbuhuray the last publication bearing he date of the The Revd a Copy Commissioners a Weld County, SIZE OF PARCEL: day of A.D., 19 and Colorado,on duly a, 55.170 wee,more or that the said WINDSOR BEACON has been published 1992, conditionally lees. approved ■ Elite continuously and uninterruptedly for the period of 5 Speak Development Fable to Okla by the consecutive weeks,in said County and State, prior to the S Special leans and wain of Realm Pvmh for the was MI result in a date of first publication of said notice, and the same is a Property and purpose bdeewe of the vested newspaper within the meaning of an Act to-regulate described below. prcpsry right. Coneybnel swami of printing of legal notices and advertisements, approved this plan creates a BOARD OF COUNTY May 18, 1931,and all prior ac so sin force. vested property rlgm COWASSIONeS pursuant to Aide N of Tide 24,C.R.S.,r WELD COUNTY, emended,fora period COLORADO �/ athesyetes. t _ n: DONALD P ISHER APPLICANT: Lail WIRRIC�A fiYllt 10O Subscribed and sworn to before me this ` day oftlisl- 199/ CA,,, 1 _5 a ktiCA/Z✓ NOTARY PUBLIC My commission expires C— I r —q\, _ • • 9 94 s AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING STATE OF COLORADO The Weld County Planning SS Commission Ml! hold a public COUNTY OF WELD hearing on Tuesday, June 16,1 Wank u92, at pert for the Ala_.tSm,1 , of said County purpose of considering a Site I, 91<e„;7111_ Specific Development Plan and an of Weld,being duly sworn,say that I am publisher of Amended Special Review permit for the property described below. Approval of the request may WINDSOR BEACON create a vested property right pursuant to Colorado Law. APPLICANT: Loloff a-weekly newspaper having a general circulationin said Construction,Inc. County and State, published in the town of WINDSOR, LEGAL DESCRIPTION: The in said County and State; and that the notice, of which SE4 NW4 and the S2 NE4 NV/4 of Section 4,T5N,R65W of the the annexed is a true copy, has been published in said 6th P.M.,Weld County,Colorado. weekly for successive weeks, that the notice TYPE AND INTENSITY OF was published in the regular and entire issue of every PROPOSED USE: A sand and gravel operation to number of the paper during the period and time of include stockpiling,recycling and publication, and in the newspaper proper and not in a processing of demolition supplement, and that the first publication of said notice materials (asphalt and concrete) in the A (Agricultural) zone was in said paper bearing the date of the district. LOCATION: South of Weld day of "hal , A.D., 19`11— and County Road 62; west of and adjacent to Weld County Road 41 the last publication bearing the date of the 1/2(Balsam Avenue). 5172; 55.170 acres,more or lm day of , A.D., 19 and The public hearing will be held in the Weld County Commissioners' that the said WINDSOR BEACON has been published Hearing Roan,First Floor,weld continuously and uninterruptedly for the period of 5 County Centennial Center, 915 Tenth Street,Greeley,Colorado. consecutive weeks,in said County and State, prior to the Comments or objections related date of first publication of said notice, and the same is a to the above request should be newspaper within the meaning of an Act to regulate submitted in writing to the Weld County Department of Planning printing of legal notices and advertisements, approved Service,915 Tenth Street,Roan May 18, 193 , and all prior : is r as-in force. 342,Greeley,Colorado 80631, before the above date or presented at the public hearing on June 16,1992 /7 /// �i�� Copies of the application are ! =e : ISHER available for public inspection in ! the Department of Planning re Services, Room 342, Weld Subscribed d sworn to before me this 0 _day County Centennial Como, of ‘,>- -,-*A.8,_ 19 9 a_ 915 Tenth Street, Greeley, ColoradoS0631 - Phone - 356- �J � 4000,Extension 4400. \'1 Bud Clans,Chairman NOTARY PUBI,i Weld County Planning Commission ,,. Published in the Windsor My commission expires 77LQ,y 2 1 /99 I. Beacon on May 14,1992 if?"1.O y�V,/) `it ,SUN r 1992 SL10 art,tS DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET G REELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 16, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and an Amended Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Loloff Construction, Inc. LEGAL DESCRIPTION: The SE4 NW4 and the S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A sand and gravel operation to include stockpiling, recycling and processing of demolition materials (asphalt and concrete) in the A (Agricultural) zone district. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41 1/2 (Balsam Avenue) . SIZE: 55 .170 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services , 915 Tenth Street, Room 342, Greeley, Colorado 8O631, before the above date or presented at the public hearing on June 16 , 1992 . Copies of the application are available for public inspection in the Department of Planning Services , Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4OOO, Extension 44OO. Bud Clemons, Chairman Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) t e ay 29 , 1992. Received by: f Date: Y 6'' flr 4 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF JULY 1992: DOCKET ft 92-39 - AMENDED USR - LOLOFF CONSTRUCTION COMPANY, INC. , C/O ED LOLORR DOCKET # 92-28 - COZ FROM R-1 TO C-3 - WELD COUNTY DOCKET # 92-29 - COZ FROM R-1 TO C-3 AND C-3 TO R-1 - WELD COUNTY DOCKET ft 92-32 - COZ FROM C-3 TO R-1 - WELD COUNTY PLEASE write or print your name legibly, your address and the DOCKET ft (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS / HEARING ATTENDING AT cr7 /2. /F"v) '/e 2/D/ a' 5 �f e ,;Le /2/161 jrtc /✓n . 7:c �� ✓� a — /r ti r- .I a7 /; y /r /L V,,c ?o-c ms s „ /V, &xi s ce► c1,3 /off C L., Arc h , P. 6t 6.sc , 1 9(3(7 DC1,A,e, d Avc ( rrc l c r 322610 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Loloff Construction Company, Inc. Case Number: Amended USR-690 Submitted or Prepared Prior to Hearing At Hearing 1. Application 48 Pages X 2. 1 Application plat 3 pages 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. 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 June 5, 1992, Kevin S. Bunnell, X Greeley-Weld County Airport 12. Referral response dated June 5, 1992, Greg X Fleebe, City of Greeley 13. Referral response dated May 13, 1992, Brion X Newkirk, Western Hills Fire Department 14. Inspection report, Don Feldhaus, Planning X Commission Member 15. Memo dated May 19, 1992, Drew Scheltinga, Weld X County Engineer 16. Memo dated May 14, 1992, John S. Pickle, Weld X County Health Department I hereby certify that the 16 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 June 18, 1992. 9urr'ent Pl n r STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS lR4day of 30.14_, 191.3' 1`•'lµ • L',f• ' SEA .....•' • • " : -cRfcY% ••• �G r NOT P LIC U "l r d r...;... �. • 4� Commis°��s�np:��;�lvo,:aber 21,1995 %;,, Gwnm�e_on Expires �lP.rrnnOF ..�lro�'''" e r9Ey0 Exll; bi # f+ EXHIBIT INVENTORY CONTROL SHEER' Case 4)22 1Vold lAJ2� (tJ ,rP & Lr&. Exhibit Submitted By Exhibit Description Vlg A. G�/h�ll t L l d &:# 7412! iii-�B7ll, Ind % B. ��1U7 . ar_oxi ,C ezatEtaasi o GOO 11ITLI ndatit'i ) 49119 C. LD7 ril'tale-0 ±tirilinal a2, 2L45, 7/7 E. (..Qe/r.L fa 6n1/1 Jca me EgAnt F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. SZU 4 itit t filEMORAilDU WII'Dt To Board Date July 7, 1992 COLORADO From Clerk to the Board's Office sub{.ct: Telephone Call from Kay McElroy - Loloff Amended USR We received a telephone call from Kay McElroy on July 7, 1992, at approximately 12:00 p.m. Ms. McElroy was recently released from the hospital because of pneumonia; therefore, she is unable to attend the July 8, 1992 hearing concerning the amended special review permit for Loloff Construction. Ms. McElroy stated the following concerns: 1. Planning staff has informed her that the site is not in the floodplain; however, the old river bed runs through the site. She believes the site is in the floodplain. 2. Has air quality control been addressed concerning the grinding of material? 3. Mr. Hall informed her that, by State law, asphalt could not be used for rip rap in waterways. 4. When it rains, water drains into the ground off of the mountain of asphalt into the old river bed which runs underground. 5. The area is sub-irrigated land. a7 r yet, E h b�t-F 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: 92-39 APPLICANT Loloff Construction Company, Inc. c/o Ed Loloff P.O. Box 518 Kersey, CO 80644 DATE: July 8, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Amended Special Review Permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) Zone District LEGAL DESCRIPTION: The SE* NW'-! and the S1 NE! NW* of Section 4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 62; and west of and adjacent to Weld County Road 411 (Balsam 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: June 22, 1992 PUBLISHED: June 25, 1992 in the Windsor Beacon 82706410 Ekh.6t+ D HONE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, AFFIDAVIT OF PUBLICATION a public hearing MI be held in the Charters of the Board o1 County Commissioners of Weld STATE OF COLORADO County,Colorado.Weld County - SS Centennial Center.915 10th Street, First Floor, Greeley, COUNTY OF WELD Colorado,al the time spatllled. All persons in any manner Interested in the Site Specific I, KEITH HANSEN, of said County of Weld, being duly Development Plan and Special sworn, say that I am publisher of Review requested to send and maybe head. Should the applicant or any WINDSOR BEACON Interested party desire the presence 01 a court reporter to a weekly newspaper having a-general-circulation in said make a record of the proceedings, r dn�In addition to the Ifld�snt County and State, published in the town of WINDSOR, oc gip log mrk in said County and State; and that the notice, of which dpMg lo the MS be the annexed is a true copy, has been published in said SOS la - salon weekly for / successive weeks, that the notice al)seal Nee dim prior to the was published in the regular and entire issue of every nearing.The cost llenbegy wart reporter shall le borne by number paper of the during period eriod and time of as the requesting party. publication, and in the newspaper proper and not in a BE IT ALSO KNOWN that the supplement, and that the first publication of said notice text and mss so maw byte was in said paper bearing the date of the Weld County Planning Commission maybe examined in the office of the Cleft to the day.of '3 Galt- , A.D., 19lz- and Board of County Conawsswners, located in the Weld county the last publication bearing the date of the Centennial Center.915 10th Street,Third Floor.Greeley. da of , A.D., 19_ and Colorado. Y • that the said WINDSOR BEACON has been published DOCKET NO:92-99 continuously and uninterruptedly for the period of 5 DATE: July8,1992 consecutive weeks,in said County and State,prior to the TIME:10A0 am. date of first publication of said notice, and thesame is a APPLICANT Lolol Construction newspaper within the meaning of an Act to regulate Company,Inc. c/o Ed Lobe printing of legal notices and advertisements, approved P.O.Box 518 May 18, 1931,and all prior a so far as in force. Kersey,CO 80844 REQUEST: A Site Specific Development Plan and Amended Special Review Permit for an open cut sand and gravel UBLISHER operation to include stockpiling, recycling and processing of demoatlon material(asphalt and Subscribed n4 sworn to before me this day concrete)District In the A(Agricultural)(Agricultural) of 14—\� 19gL Zone LEGAL DESCRIPTION: The cv \ 3' P�t5/ SE1/4 NW1/4 and the-S1/2 NEI/4 NW1/4 of Section 4. NOTARY PUBLIC Township 5 North.Range 65 West of the 6th P.M., Weld CJ_'(1 County.Colorado My commission expires 1 '""'tt _ LOCATION: South of Weld County Road 62;and west of and adjacent to Weld County Road 41 1/2(Balsam 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: June 22.1992 PUBLISHED: June 25,1992 In the Windsor Beacon ��TsO tI(n� //�� S G1O CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-39, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 22nd day of June, 1992. /J (.l t—M LYn OL -) Deputy Clerk�to the Board DAVIS FARMS, INC. P.O. BOX 836 GREELEY, CO 80632 W.S. HOWARD AND GEORGE T. ASHEN 1000 SOUTH GENEVA STREET DENVER, CO 80222 KARL AND RENATE E. KOHLOHOFF 701 BALSAM AVENUE GREELEY, CO 80631 JAMES AND DIANE TAYLOR 665 NORTH BALSAM AVENUE GREELEY, CO 80631 TED ROTHE 1847 26TH AVENUE COURT GREELEY, CO 80631 ELDON L. AND PATRICIA J. HARRELL 4123 CENTRAL AVENUE EVANS, CO 80620 KATHARINE S. MCELROY P.O. BOX 609 GREELEY, CO 80632 JOHN C. AND CHARLOTTE A. CARLSON P.O. BOX 1058 EATON, CO 80615 LOLOFF CONSTRUCTION, INC. P.O. BOX 518 KERSEY, CO 80644 ROBERT D. FRANCIS P.O. BOX 1608 GREELEY, CO 80632 �+ //�� JL-0r��± .0 NOFFSINGER MANUFACTURING P.O. BOX 488 GREELEY, CO 80632 VERNIE H. AND SYLVIA PARKER 211 NORTH BALSAM AVENUE GREELEY, CO 80631 R.A. RESOURCES, INC. 405 7TH STREET GREELEY, CO 80631 <CL w0 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 16, 1992 A regular meeting of the Weld County Planning Commission was held June 16, 1992, 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 Vice-Chairman, Judy Yamaguchi. Tape 415 Roll Call Richard Kimmel Present Jean Hoffman Present Tom Rulon Present Bill O'Hare Present Judy Yamaguchi Present Juliette Kroekel Absent Don Feldhaus Absent Shirley Camenisch Present Bud Clemons Absent Also present: Lanell Swanson, Current Planner, Department of Planning Services, Sharyn Ruff, Secretary. CASE NUMBER: Amended USR-690 NAME: Loloff Construction Company(, Inc. , c/o Ed Loloff ADDRESS: P.O. Box 518 , Kersey, CO 80644 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 NW4 and the S2 NE4 NW4 of Section 4, TSN, R65W of the 6th P.N. , Weld County, Colorado. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41 1/2 (Balsam Avenue) . Bob Ruyle, Attorney, representative for Loloff Construction Company, Inc. , explained the purpose of this application is to clarify existing use. They want to expand the existing use to include the processing of large pieces of concrete. He explained the Front Range area is running out of aggregate, and the recycling of old asphalt and concrete for new uses works well. Jean Hoffman asked if this process is cheaper. Bob Ruyle explained aggregate is hard to find and very expensive to mine. Jean Hoffman expressed concerns regarding increased noise levels. Bob explained noise levels are controlled in the guidelines of the recommendation and no additional machinery will be required for this proposal. h.b, f C S:0610 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 16, 1992 Page 2 The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. She asked if the applicant had any concerns with the staff' s recommendation. Bob Ruyle stated they had concerns about the wording in Paragraph 4 and requested it read "adequate toilet facilities" instead of the word bathroom. They also had concerns in Item 7 of the Development Standards "no trespassing signs posted at 60 ft. intervals" , and requested Development Standard Number 9 be deleted. Richard Kimmel moved Case Number Amended USR-690, be forwarded to the County Commissioners with the Planning Commission's recommendation for approval with the deletion of Development Standard Number 9, a change in Development Standard Number 7 , to read 200 feet instead of 60 feet, and a change to Page 3, Paragraph 4, Item 3 , delete the word "bathroom" . Bill O'Hare seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes. Motion carried unanimously. CASE NUMBER: Z-474 NAME: Board of County Commissioners ADDRESS: 915 10th Street, Greeley, CO 80631 REQUEST: Establish A (Agricultural) Zoning. LEGAL DESCRIPTION: Tract "A" , Evans Industrial Park, part of the SE4 of Section 30, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: West of Highway 85, north of and adjacent to Brantner Road (adjacent to the City of Evans) . Lanell explained the proposals involving Case Numbers Z-474, Change of Zone, and S-323 , Resubdivision. The County is realigning Brantner Road and applying agricultural zoning where no previous zoning existed. Ken Hamblin, representative for the City of Evans, said the City supports the County in this endeavor. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against these applications. Sherwood Langley, surrounding property owner, asked what effect the proposed zoning would have on surrounding property and whether or not Brantner Road would be fenced in. Lanell Swanson told him the zoning would not affect his property and the fencing issue should be taken up with the City of Evans. 921/3G4 0 1 . BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY1CQMMISSIONERS 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: Amended USR-690 NAME: Loloff Construction Company, Inc. , c/o Ed Loloff ADDRESS: P.O. Box 518, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition:material (asphalt and concrete) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 NW4 and the S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41 1/2 (Balsam 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: 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 May 26, 1992, 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. ar):0€4.O Exi�''bI-1- t3 RESOLUTION, Amended USR-690 Loloff Construction Company, Inc. , c/o Ed Loloff Page 2 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 agricultural production, rural residential, oil and gas production, and commercial development. The use can be made compatible with the future development of the surrounding area as permitted by the C-1 (Commercial) and R-1 (Residential) zone districts. The special review permit site is located in the 100-year floodplain and the airport overlay districts. 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. RESOLUTION, Amended USR-690 Loloff Construction Company, Inc. , c/o Ed Loloff Page 3 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 Minded Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Within 30 days of approval by the Board of County Commissioners: The applicant shall amend the existing road maintenance agreement with the Weld County Commissioners and the City of Greeley Public Works Department. The agreements shall mitigate impacts of truck traffic generated on Balsam Avenue by the stockpiling, recycling, and processing of demolition materials and the gravel mining operation. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. Adequate toilet facilities served by an individual sewage disposal system, shall be installed. The toilet facilities shall be installed according to the Weld County Individual Sewage Disposal Regulations. 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 proposed operations. - A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. This plan shall address the expected traffic volume, and set standards for control. 5. The applicant shall submit evidence of compliance with Section 44.4.10, of the Weld County Zoning Ordinance regarding Insurance, to the Department of Planning Services prior to the start of the sand and gravel operation. e g74 0 RESOLUTION, Amended USR-690 Loloff Construction Company, Inc. , c/o Ed Loloff Page 4 6. The applicant and/or operator of the sand and gravel operation shall notify the Department of Planning Services, in writing, when starting the sand and gravel operation on site. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Bill O'Hare Judy Yamaguchi Shirley Camenisch The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 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 June 16, 1992. Dated the 1 th of ne, 1992. O\61)"4k— Sharyn F. Ruff Secretary CT SS•CEICO SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Loloff Construction Company Inc. , c/o Ed Loloff Amended USR-690 1. The Site Specific Development Plan and Special Review permit is for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition materials (asphalt and concrete) as submitted in the amended 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. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to the issuance of building permits, the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management, the Weld County Emergency Response Coordinator, and the Western Hills Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 4. Vehicular traffic shall ingress and egress onto Weld County Road 41 1/2 as shown hereon on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress south to Colorado Highway 263. 5. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with C.R.S. 37-90-137. Prior to extraction of sand and gravel, a copy of the approved well permit application shall be forwarded to the Department of Planning Services. 6. The Use by Special Review area shall be enclosed by a six foot chain- link fence with a three-strand barbed wire top. The fence shall be erected prior to beginning the sand and gravel operation. 7. Signs stating "No Trespassing" shall be posted and maintained on the chain link fence at intervals of two hundred feet. 8. The owner/operator shall maintain a fifty foot (50' ) setback from Balsam Avenue in the mining operation. 9. Structures on the site shall not exceed one-hundred-fifty feet (150' ) in height, in accordance with Airport Zone Height Limitations, Section 51.3, of the Weld County Zoning Ordinance. 10. No permanent disposal of wastes shall be permitted at this site. atilt.1Q DEVELOPMENT STANDARDS, Amended USR-690 Loloff Construction Company Inc. , c/o Ed Loloff Page 2 11. Fugitive dust shall be controlled on this site. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 13. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 14. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: a. No fill, berms or stockpiles shall be placed in the one-hundred- year flood plain of the Cache la Poudre River which would obstruct passage of flood flows; and b. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of operations, all temporary buildings shall be removed. 15. The owner/operator shall plant a greenbelt along the entire south boundary of the Use by Special Review site within one year of beginning the sand and gravel excavation. The greenbelt shall be planted and maintained in accordance with Soil Conservation Service recommendations. 16. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 17 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. DEVELOPMENT STANDARDS, Amended USR-690 Loloff Construction Company Inc. , c/o Ed Loloff Page 3 20. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. The Special Review area shall be limited to the plans shown hereon and governed 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. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 11:1064 0 Date: June 16, 1992 CASE NUMBER: Amended USR-690 NAME: Loloff Construction Company, Inc. , c/o Ed Loloff ADDRESS: P.O. Box 518, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 NW4 and the S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41 1/2 (Balsam Avenue) . THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: 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 May 26, 1992, 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. +^I1 C2t€LO Loloff Construction Company, Inc. , c/o Ed Loloff Amended USR-690 Page 2 Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include agricultural production, rural residential, oil and gas production, and commercial development. The use can be made compatible with the future development of the surrounding area as permitted by the C-1 (Commercial) and R-1 (Residential) zone districts. The special review permit site is located in the 100-year floodplain and the airport overlay districts. 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. 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 Minded Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. Loloff Construction Company, Inc. , c/o Ed Loloff Amended USR-690 Page 3 4. Within 30 days of approval by the Board of County Commissioners: The applicant shall amend the existing road maintenance agreement with the Weld County Commissioners and the City of Greeley Public .Works Department. The agreements shall mitigate impacts of truck traffic generated on Balsam Avenue by the stockpiling, recycling, and processing of demolition materials and the gravel mining operation. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. A bathroom with adequate toilet facilities served by an individual sewage disposal system, shall be installed The toilet facilities shall be installed according to the Weld County Individual Sewage Disposal Regulations. 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 proposed operations. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. This plan shall address the expected traffic volume, and set standards for control. 5. The applicant shall submit evidence of compliance with Section 44.4.10, of the Weld County Zoning Ordinance regarding Insurance, to the Department of Planning Services prior to the start of the sand and gravel operation. 6. The applicant and/or operator of the sand and gravel operation shall notify the Department of Planning Services, in writing, when starting the sand and gravel operation on site. J rill O SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Loloff Construction Company Inc. , c/o Ed Loloff Amended USR-690 1. The Site Specific Development Plan and Special Review permit is for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition materials (asphalt and concrete) as submitted in the amended 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. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to the issuance of building permits, the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management, the Weld County Emergency Response Coordinator, and the Western Hills Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 4. Vehicular traffic shall ingress and egress onto Weld County Road 41 1/2 as shown hereon on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress south to Colorado Highway 263. 5. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with C.R.S. 37-90-137. Prior to extraction of sand and gravel, a copy of the approved well permit application shall be forwarded to the Department of Planning Services. 6. The Use by Special Review area shall be enclosed by a six foot chain- link fence with a three-strand barbed wire top. The fence shall be erected prior to beginning the sand and gravel operation. 7. Signs stating "No Trespassing" shall be posted and maintained on the chain link fence at intervals of sixty feet. 8. The owner/operator shall maintain a fifty foot (50' ) setback from Balsam Avenue in the mining operation. 9. The owner and/or operator shall conduct periodic monitoring of the surrounding area' s water well levels. 10. Structures on the site shall not exceed one-hundred-fifty feet (150' ) in height, in accordance with Airport Zone Height Limitations, Section 51. 3, of the Weld County Zoning Ordinance. DEVELOPMENT STANDARDS, Amended USR-690 Loloff Construction Company Inc. , c/o Ed Loloff Page 2 11. No permanent disposal of wastes shall be permitted at this site. 12. Fugitive dust shall be controlled on this site. 13. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 15 . All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: a. No fill, berms or stockpiles shall be placed in the one-hundred- year flood plain of the Cache la Poudre River which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of operations, all temporary buildings shall be removed. 16 . The owner/operator shall plant a greenbelt along the entire south boundary of the Use by Special Review site within one year of beginning the sand and gravel excavation. The greenbelt shall be planted and maintained in accordance with Soil Conservation Service recommendations. 17. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 18. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19 . . The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. int7naJ,.r WJ�.�_f1 DEVELOPMENT STANDARDS, Amended USR-690 Loloff Construction Company Inc. , c/o Ed Loloff Page 3 21. 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. 22. 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. 23. 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. LAND-USE APPLICATION SUMMARY SHEET Date: June 9, 1992 CASE NUMBER: Amended USR-690 NAME: Loloff Construction Company, Inc. ADDRESS: 145 3rd Street, Kersey, Colorado 80644-0518 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a sand and gravel operation to include stockpiling, recycling and processing of demolition materials (asphalt and concrete) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 NW4 and S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41-1/2 (Balsam Avenue) . SIZE OF PARCEL: 55.170 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Sections 24.3 and 44 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received the following responses from referral entities: 1. John S. Pickle, Weld County Health Department. 2. Drew Scheltinga, Weld County Engineer. 3. Brian V. Newkirk, Western Hill Fire Department. 4. Greg Fleebe, City of Greeley. 5. Kevin Bunnell, Greeley Weld County Airport. No objections have been received by Department of Planning Services' staff from surrounding property owners. uJV*flik -Th' 11 -4—� \�. s _ Z= � `k—rr..::als •� it • k's_ Jn . TIC ,`. 4•F \ 711-Jd • - bl'•� '' '1:• •`�;.:: .. p�lY•• H,y. i• tz 8 [. • y::J ...o i c�� wuc:° 0P.2 Y •I k• • I!' • ,. • • •• . I .•ceo T. •II i\�� score • _ • •1 / ., xs© ••[ 4p .11 ` .7 ,\• C!'�� , 4•,S.cv[u . z• 1 • ° n / I vOq 6JC/ r - u X•e. • ' ' I , ," I � -, is •- X r .} X11 L ! h • , .f;-‘ ,'I. ! JTT • • • 'V •i is °al • ''.. 14 lic•-•••‘••22- ' o sv �i .S�t uQ yA II\I ' 7 4N I I H}z;p ..�• \ _ �3 �// X3 .111 _ ▪ Jam-- I _v •_ ,s, •_ [,--- C• • 'A-••!� -- �x .�IP • c•c .- ia I• Ijll Ion �— - .Line �°,' ° .. f ! '_• N orro %,,� r• Q • • F_ (J �/ i v0 LC SALLE a -/SOT tt •�- • „...., I /17 •• 1 o wC• i� • •/ C/ •.I.� Y `�ly�� ii .M '• ,p^Q• ' 41 /1j •��s .1A ILI �,. „r":" i •i,. ,, : J b.,..-53:-/: 2y :sc. 1 . . ., 1 „../\,.. . 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I l'...85 (N"V\ r" I 1 I I �62C� '�'LI I _i Il IBS •• 1' i,_ mss : kj yj1I t 113 1,� w / 1 I 'V( /// _. •- I I, s'Jr �r � . 1— � �I j a : I :rsr, , }it I'. . III ;v I ti�� i . IV i I -r64 0 LP-NIrtI I Ilirtd i Ip • II I �a ass o :t f ,. 9 ., s' 0 1 1.1 a � 14fi49'. � R6431� Ix ,' . 1 GEbw Prv� ° i �‘A • ' •• 1•_.:Ir_._• 7e t hl I"4i 6. 9 ,'3ulll ❑ L'y t�:.! t,8 eloo \�v�' oa I� 1• I .. �I au 1 it i\5AA ..i I 464/ awls _ 1V 'I 1 '� 1. Q., w or�� I W • ' '. ' • _ • • 20 lit • 6 1 4 f I� V \1\ y 1 - 16 .�6 r.' - -�'�-• 4E- - - REFERRAL LIST NAME: Loloff Construction, Inc. CASE NUMBER: Amended USR-690 REFERRALS SENT: May 11, 1992 REFERRALS TO BE RECEIVED BY: May 25, 1992 COUNTY TOWNS and CITIES Attorney _Ault J=Health Department _Brighton Extension Service _Broomfield X Emergency Management Office Dacono Sheriff's Office _Eaton Engineering _Erie Housing Authority _Evans V X Airport Authority Firestone _Building Inspection _Fort Lupton _Frederick STATE Garden City _Division of Water Resources / Gilcrest Geological Survey / X Greeley _Department of Health Grover _Highway Department _Hudson Historical Society Johnstown _Water Conservation Board _Keenesburg X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS _Lochbuie _Ault F-1 Longmont Berthoud F-2 _Mead Brighton F-3 Milliken Eaton F-4 New Raymer Fort Lupton F-5 Northglenn Galeton F-6 _Nunn _Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 Thornton Mountain View F-10 Windsor _Milliken F-11 _Nunn F-12 COUNTIES Pawnee F-22 Adams _Platteville F-13 _Boulder Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration ✓X Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. _Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission _Greeley _Longmont _West Adams COMMISSION/BOARD MEMBER id/1p Don Feldhaus 4 t',-i x{-+11 FIELD CHECK FILING NUMBER: Amended USR-690 DATE OF INSPECTION: June 9, 1992 NAME: Loloff Construction Company, Inc. REQUEST: Site Specific Development Plan and a Special Review permit for a sand and gravel operation to include stockpiling, recycling and processing of demolition materials (asphalt and concrete) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 NW4 and S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41 1/2 (Balsam Avenue) . LAND USE: N Rural residence, agricultural production E Pasture land, oil and gas production S Rural residences, commercial buildings W Agricultural production, Poudre river, Rural residences ZONING: N R-1 (Low Density Residential) E R-1 (Low Density Residential) S C-1 (Commercial) W C-1 (Commercial) COMMENTS: The property is as shown on the plat maps. Stockpiles of asphalt and concrete are located on the property. Access is off Balsam Avenue, a graveled County local. The property is mostly flat with a hill located in the northeast corner. The property is fenced by a six foot chain link fence. The fence has three strands of barb wire on the north, west, and south fence only. C en Planner CC'flC4 rt A IINTY i l PO Box 727• Greeley, CO 80632 303/356-974/ FAX 303/356-2643 June 5 , 1992 County of Weld Dept . of Planning Services 915 10th Street Greeley, CO 80631 To Whom It May Concern: This letter is written in response to the application for an Amended Special Review Permit filed with the Weld County Planning Office by Loloff Construction Company , Inc . (Case #USR-690 ) . Upon reviewing the application and the details concerning the intended use of the named _property , some questions and concerns arise in regards to provisions for dust control/abatement at the site. The site location will be approximately one mile west of the approach end of Runway 09 at the Greeley-Weld County Airport . There is some concern over dust particulates in the atmosphere, and how it may effect the visibility of aircraft on approach to the runway . Naturally, all operations must comply with Airport Overlay District Requirements . • Sincerely , Kevin S . Bunnell Airport Manager KSB/gjd ��N � !"'"7"47 ! 0 submitted to you prior to: 5. Please refer to the enclosed letter. JUNj� Si ed: ,✓ Agency: 6 ,4 q 111 �Q/ Puidi . q :.- Date: ¢ ,e /f� J 10c11Jr� PARTMENT OF PLANNING SERVICES MAY 1 81992 11 PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C Weld County Planning D COLORADO May 11, 1992 CASE NUMBER: Amended USR-690 TO WHOM IT MAY CONCERN: Enclosed is an application from Loloff Construction Company, Inc. , for a Site Specific Development Plan and an Amended Special Review permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) zone district. The parcel of land is described as the SE4 NW4 and S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 62; west of and adjacent to Weld County Road 41 1/2 (Balsam 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 May 25, 1992, 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. V 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. ` f� Signed: G1. )uD.CVu,,1a 'c Agency: l),,\0 ker 41CAL t - Date: a-i3-qZ U,a•;..014.L FIELD CHECK 7 FILING NUMBER: Amended USR-690 DATE OF INSPECTION: 2 J-`�4 APPLICANT'S NAME: Loloff Construction Company, Inc. , c/o Ed Loloff CURRENT PLANNER: Keith A. Schuett REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 NW4 and the S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41 1/2 (Balsam Avenue) . `` CJ LAND USE: N �rL5Ckev .(2)\ k vIG -Yr p ✓ v s\ovwy//F6�c� —�rS E S5YIG�n \`�wvzk ` t ii D\ ,e GIS 0c 1�.oe\` r wtcyctz�V .� W S � — C.rmvtiwe.\Jc k X435 licZer" ZONING: N R-1 (Low Density Residential) MAY 2 6 1992 4.2f. E R-1 (Low Density Residential) and A (Agricult 4.¢aa!INPlaaning S C-1 (Commercial) W C-1 (Commercial) COMMENTS: \\ ^t k S 0AnG\oSeg. - ka. too\ n LAwca/G ., v�G¢ __ CC v `` �a LinIn bC e�vAC, �ci,Zr o.,n erect2A7 vr� 4Zt tin'&42, f�v Zv clL z1ES . •)C rc \SZ1v- ve) Z\ov0 tirSl.2 cSZS yVe , 4-cif t 41.-...‘" mEmoRAnDum wine. To Keith Srhnett Planning Dace 19, 1999 COLORADO From Drew Scheltinga County Engineer Subject Loloff Construction Company USR-690 We have a road improvements and maintenance agreement with Ed Loloff Construction, Inc. dated October 18, 1985 that requires paving the road if sand and gravel is transported from the site exceeding 400 tons per day or within one year after sand and gravel begins to be transported from the site. The agreement should be amended to include the transportation of recycled materials. DS/gb:schuett2 cc: Planning Referral File - Loloff Construction Company, Inc. USR-690 0 �fE F ±1EU Weld County Planning fst''j , mEMORAnDUM w liv Keith A. Scheutt Weld County Planning Date May 14. 1992 COLORADO John S. Pickle, M.S.E.H. , Director, E.P.S. 4✓ From SubJect:Case Number: Amended USR-690 Name: Lolof£ Conctntrt;nn rn Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 2. No permanent disposal of wastes shall be permitted at this site. 3. Fugitive dust shall be controlled on this site. 4. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 5. A bathroom with adequate toilet facilities served by an individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. 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. 7. 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. This plan shall address the expected traffic volume, and set standards for control. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. JSP/cs-965 0.�.j THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN TILE 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. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE 1/ USR 690 Amended THE SIGN WAS POSTED BY: Ed Loloff, President "" NAME OF PERSON POSTING SIGN Loloff Construction, Inc. /14j1# • SIGNATURE OF APPLICANT STATE OF COLORADO ) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 1st DAY OF June , 19 92 SEAL qb1170/fi NOTARY PUBLIC MY COMMISSION EXPIRES April 13, 1993 LAST DAY TO POST SIGN IS: June 6, , 1992 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. NELSON ENGINEERS GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303)356-6362 Date: June 2, 1992 Project No. : 212 To: Keith Schuett Project Na:tie: Loloff Construction Weld County, Colorado We are transmitting: herewith X ; under separate cover ; via facsimile , facsimile number Number of Copies Description or Remarks 1 Planning Commission Sign Posting Certificate No exceptions taken X As requested Make corrections noted For approval Amend and resubmit x For your records Rejected - Resubmit As indicated on each submittal Respectfully, NELSON ENGINEERS 1141 LaVern C, Nelson, P. E. LCN/gc JUN r 1992 ,it si ratt1 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ID 915 10th STREET VI GREELEY,COLORADO 80631 C. COLORADO May 11, 1992 Ed Loloff Loloff Construction, Inc. P.O. Box 518 Kersey, CO 80644 Subject: Amended USR-690 - Request for a Site Specific Development Plan and an Amended Special Review permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demoliton material (asphalt and concrete) in the A (Agricultural) zone district on a parcel of land described as the SE4 NW4 and S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Loloff: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for June 16, 1992, 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 Steve Hill at 350-9780 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 June 4, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than June 6, 1992. 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. e Crr 411 • 17 Loloff Construction, Inc. , c/o Ed Loloff Amended USR-690 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, /� ue Current Planner KAS/sfr pc: LaVern C. Nelson 822 7th Street Greeley, CO 80631 r^ 1.40 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 Amended USR-690 for Loloff Construction Company, Inc. , in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 12th day of May, 1992. ,r ( • ‘::1, DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. COLORADO TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: Amended USR-69O There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 16, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 1Oth Street, Greeley, Colorado concerning the request of: NAME: Loloff Construction Company, Inc. FOR: A Site Specific Development Plan and an Amended Special Review permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 NW4 and S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 62; west of and adjacent to Weld County Road 41-1/2 (Balsam 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. r^-te., SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS AMENDED USR-690 Loloff Construction Company, Inc. Davis Farms, Inc. P.O. Box 836 Greeley, CO 80632 W.S. Howard & George T. Ashen 1000 South Geneva Street Denver, CO 80222 Karl and Renate E. Kohlohoff 701 Balsam Avenue Greeley, CO 80631 James and Diane Taylor 665 North Balsam Avenue Greeley, CO 80631 Ted Rothe 1847 26 Avenue Court Greeley, CO 80631 Eldon L. and Patricia J. Harrell 4123 Central Avenue Evans, CO 80620 Katharine S. McElroy P.O. Box 609 Greeley, CO 80632 John C. and Charlotte A. Carlson P.O. Box 1058 Eaton, CO 80615 Loloff Construction, Inc. P.O. Box Box 518 Kersey, CO 80644 Robert D. Francis P.O. Box 1608 Greeley, CO 80632 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS AMENDED USR-690 Loloff Construction Company, Inc. Noffsinger Manufacturing P.O. Box 488 Greeley, CO 80632 Vernie H. and Sylvia Parker 211 North Balsam Avenue Greeley, CO 80631 R.A. Resources, Inc. 405 7th Street Greeley, CO 80631 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property SE-1/4, NW-1/4 and S-1/2, NE-1/4, NW-1/4, Sec. 4, T5N, R65W, 6th 'P.M. , Weld County, o ors o 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. NELSON ENGINEERS LaVern C. Nelson, P. E. The foregoing instrument was subscribed and sworn to before me this 4th day of May , 19 92 , by LaVern C. Nelson, P. E. WITNESS my hand and official seal. My Commission expires: April 13, 1993 N ary Public NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION R Davis Farms, Inc. P. 0. Box 836 Greeley, CO 80632 096104 000060 -Howard, W. S. (70%) 1000 South Geneva Street Ashen, George T. (30%) Denver, CO 80222 096104 000047 Kohlohoff, Karl 701 Balsam Avenue Kohlhoff, Renate E. Greeley, CO 80631 _096104 301027 Taylor, James A. 665 North Balsam Avenue Taylor, Diana Greeley, CO 80631 096104 301009 Ted Rothe 1847 26 Avenue Court Greeley. CO 80631 096104 200010 Harrell, Eldon L. 4123 Central Avenue Harrell, Patricia J.. Evans, CO 80620 096104 200002 McElroy, Katharine S. P. O. Box 609 etal. Greeley, CO 80632 096104 200001 Carlson, John C. P. O. Box 1058 Carlson, Charlotte A. Eaton co 80615 096104 200015 Loloff Construction, P. O. Box 518 Inc. Kersey, CO 80644 096104 200013 Francis, Robert D. T. 0. Box 1608 Greeley, CO 80632 096104 301011 Nottsinger Mtg. P. O. Box 488 —. Greeley, CO 80632 096104 000059 Parker, Vernie H. 211 North Balsam Avenue Parker, Sylvia Greel1ev. CO 8063L 096104 200012 Ted Rothe 1847 26th Avenue Court Greeley, CO 80631 096104 301002 v�..\ r o AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. _ Subject Property SE-1/4, NW-1/4 and S-1/2, NE-1/4, NW-1/4, Sec. 4, T5N, R65W, 6th P.M. , Weld County, Colorado STATE OF COLORADO ) Es. 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. NELSON ENGINEERS By &R LaVern C. Nelson, P. E. The foregoing instrument was subscribed and sworn to before me this 4th day of May , 19 92 . By LaVern C. Nelson, P. E. WITNESS my hand and official seal. My Commission expires: April 13, 1993 • ary Public r 4 In NAMES OF HOLDERS OF MINERAL INTEREST 1. R A Resources, Inc. 405 7th Street Greeley, CO 80631 2. Loloff Construction, Inc. P. 0. Box 518 Kersey, CO 80644 NELSON ENGINEERS GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY, COLORADO 80631 (303)356-6362 May 8 , 1992 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Sir or Madam: This application is for an amended Use By Special Review (USR) Permit for the extraction, stockpiling and processing of sand, gravel, and related recyclable materials in a part of Section 4, Township 5 North, Range 65 West of the 6th P.M. , which is owned and will be operated by Loloff Construction, Inc. The existing USR, No. 690: 85: 34 , is for an open cut gravel mining operation on this site. The subject property is located approximately 1 . 5 miles east of Greeley adjacent to Balsam Avenue. The property has a high commercial aggregate value, as can be seen by the USR application data. The property is presently Agricultural, a zoning which allows sand and gravel extraction and related activities under the provisions of a Use by Special Review Permit. The subject property is not located in an area of geologic hazard. The southern one-third of the parcel is located in Flood Zone AO and Flood Zone B. The property is within the A-P Airport Overlay District. This district limits structure heights as detailed on the Weld County Airport Zoning Map. The northeast corner of the property represents the "worst case" of height restrictions. The height restriction at this point is 130 feet. No structure of this height is needed for the gravel mining operation . As stated in the Weld County Comprehensive Plan, the present economy in the front range corridor is causing an increasing demand for sand and gravel extraction in Weld County. Also, no building development is allowed on sites underlain with commercial mineral deposits until extraction of the mineral resources is re-r `.,1 Weld County Department of Planning Services May 8, 1992 Page Two complete. The proposed mining and reclamation operations will follow the plan detailed in the enclosed application for an amended USR and is consistent with the Weld County Comprehensive Plan and the district in which the use is located. Noise levels are not expected to exceed those normally asso- ciated with the surrounding agricultural land use. The operator agrees to provide the extra road maintenance required as a result of his use for the gravel county road fronting the property. The on-site internal roads will be gravel surfaced. When Balsam Avenue is paved, an asphalt apron will be constructed from the entrance gate to the edge of the asphalt in Balsam Avenue. The plan for water supplies and other water information is contained in Exhibit G attached hereto. A description of dust protection is provided therein. The reclamation of the mined area as ponds and grassed areas is compatible with uses in the Agricultural zone and with future development in the area as projected by the Comprehensive Plan. As such, the permitted uses are compatible with the surrounding land uses . The area is fenced as shown on the plans to provide for the safety and welfare of the neighborhood . Prior to the start of operations, insurance requirements will be met. We trust that this application for an amended USR has addressed the requirements and concerns of Weld County. If you have any questions about the application, please contact my office. Respectfully, NELSON ENGINEERS LaVern C. Nelson, P. E. LCN/gc Enclosures T'^ ' 4 _i.n APPLICATION FOR AMENDED SPECIAL USE PERMIT FOR GRAVEL MINING, RECYCLING AND RECLAMATION LOLOFF CONSTRUCTION, INC. MAY, 1992 APPLICANT: LOLOFF CONSTRUCTION, INC. P. O. BOX 518 KERSEY, COLORADO 80644 353-1621 PREPARED BY: NELSON ENGINEERS 822 7TH STREET, SUITE 520 GREELEY, COLORADO 80631 356-6362 PROJECT NO. 212 WELD COUNTY, COLORADO 0 / T USE BY SPECIAL REEVIEW APPLICATION V 'Qnn fMAY 792 MINING PERMIT Weld CountvGplamiln$ Weld County Department of Planning Services,915 10th Street,tee e , Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only] Case Number: Date Application Received: 0� 8 1 gq"i'PC Hearing Date: Section: , Township: North, Range: West Zoning District: n Recording Fee: Permit Fee: el Z DO Recording Fee Receipt if: Receipt Number: t A>5 T Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See Exhibit A - Plan Sheet 1 TOTAL ACREAGE: 55.170 2. Surface owner(s) of area of land described Name: Loloff Construc- Address: P. 0. Box 518 _ Phone: 353-1621 Name: tion, Inc. Address: Kersey, CO 80644 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: same as #2 Address: Phone: Name: Address: Phone: 4 . Source of applicants' legal right to enter and to mine on the land described: See Exhibit "EE" and "FF" (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: same as No. 2 Phone: General Office address: _ Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: Applicant holds USR 690:85:34 providing for open rut gravel mining operation on this site. Applicant also holds permit number M-85-112 from Mined Land Reclamation Division. Department of Natural, Resources, State of Colorado. See Exhibit "GG". .:.� 7. Description of Operation a. Types and number of operating an processing equipment to be employed: GPe attached sheet b. Maximum number of employees: 5 , and number of shifts: 1 c. Number of stages to be worked: 2 , and periods of time each is to be worked: Area 1 - 1986 thru 2012; Area 2 - 2012 thru 2030. d. Thickness of mineral deposit: to 56 feet, and thickness of the overburden: varies up. to 5 feet. e. This will be a wet/dry pit operation. Area has a high ground water table. Areas being excavated will be pumped during excavation of gravel. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : See plans - hauling will be accomplished over on-site roads to County Road 41-1/2 to East 8th Street, "Greeley. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : see Sheet 3, Exhibit "E" Open Cut/Wildlife Habitat b. Source of technical advice for reclamation: various governmental agencies (Department of Wildlife, SCS, MLRB, etc) and Nelson Engineers, Greeley, CO. c. Explanation of Reclamation Process: see Sheet 3 and Exhibit "E" of attachments I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Weld STATE OF Colorado Loloff Cons ructio Inc. Signature: Owner/Authorized Agent Subscribed and sworn to before me this 7th day ooff May) , 1992 SEAL Prth PB PUBLIC My Commission expires April 13, 1993 er—r* 0 VJ`.. 1.4 �� 7. Description of Operation a. The operation to be the extraction, screening, and crushing of sand and gravel, and storing and stockpiling the resource in processed and preprocessed stage; the storing, stock- piling, screening, crushing and processing of recyclable demolition materials such as asphalt and concrete for use as aggregate, riprap, road base, and other beneficial uses of recycled materials . One each of office, maintenance shop, scale, and crushing and screening plant equipment, with loaders, dozers, scrapers, trucks, and miscellaneous equipment for the operation. r^nc4 RECEIVI of Coco o MAR 1 1 1985 - F O DEPARTMENT OF NATURAL RESOURCES L-7, -.' e-3 David H.Getches.Executive Director **� MINED LAND RECLAMATION DIVISION (� *'876 * DAVID C.SHELTON, Director � ,h r�h Richard D.Lamm Governor -a-. - _�•• sir=�, ' REGULAR (112) PERMIT APPLICATION FORM Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101, et seq, as amended. (Type of Print Clearly) Ed Loloff Const. , Inc. 1. Name of Operation (pit, mine or site name) Sand and Gravel • 2. Name of Applicant/Operator Ed Loloff Const. , Inc. (name to be used on permit) 3. Address and Phone Number of 145 Third Street Local Office Kersey, Colorado 80644 (303) 353-1621 4. Address and Phone Number of same as 3 General Office 5. Name and Phone Number of Person Edward Loloff Staff Members Should Contact (303) 353-1621 6. Parent Corporation, If Any n/a (include name and address) 7. Owner(s) of Record of Affected same as 2 Land (surface area) (if more than two, list in EXHIBIT P) 8. Owner(s) of Substance to be same,as 2 Mined (if more than two, list in EXHIBIT P) 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30'x) 866-3567 ` �* v...JD -2- 9. Source of Legal Right-to-Enter Title Commitment Policy by (indicate what type of proof is Stewart Title Company included in EXHIBIT 0) See ( Exhibit "0" Rule 34-32-112(2)(d) 10. Type of Mine and Substance to Open Pit - Sand and Gravel be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined 11 . General Location and Elevation 1 .5 miles northeast of Greeley, Colorado (miles and direction from Approximate site elevation 4640 (msl .) nearest town and approximate site elevation 12. County Weld County 13a Total Surface Acreage to be Included in Permit (Rule 1.1 (2)) 55. 17 - acres 13b Total Acreage of Affected Lands (Rule 2.11(14)) 55. 17 acres 14. Application Fee (see Rule 2 to determine amount, based on permitted area) $860.00 15. Present Land Use (i .e., agricultural, industrial , etc.) Vacant - unused 16. Surrounding Land Uses Agricultural 17. Proposed Future Land Use (final use after reclamation) Open space/wildlife habitat 18. List Mining Operations Currently None In Violation of the Act. (See 34-32-120) 19. The Lands Herein Do Not Affect Affirm -five any of the Lands Described in Section 115(4)(f) of the Mined Land Reclamation Act. (specify affirmation) C nt-4e‘ -3- MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicant must submit a corresponding set of the maps and exhibits outlined in rule 2, as follows: 1. EXHIBIT A - Legal Description 2. EXHIBIT B - Index Map 3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands 4. EXHIBIT D - Mining Plan 5. EXHIBIT E - Reclamation Plan 6. EXHIBIT F - Reclamation Plan Map 7. EXHIBIT G - Water Information 8. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Information 11. EXHIBIT K - Climate 12. EXHIBIT L - Reclamation Costs 13. EXHIBIT M - Compliance with Local Zoning (See 34-32-115(4)(e) and 109(6)&(8) 14. EXHIBIT N - Other Permits or Licenses (See 34-32-115(4)&(4)(c) 15. EXHIBIT 0 - Source of Legal Right-To-Enter (See 34-32-112(2)(d) 16. EXHIBIT P - Owners of Record of Surface and Subsurface Rights (See 34-32-112(2)(b)&(c) NOTICE PROCEDURES After the application is considered "filed" (pursuant to Rule 1.1(10) with the Mined Land Reclamation Division, notice procedures outlined in Rule 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR staff informing you of the Completeness ("filing") of your application. ) FINANCIAL WARRANTY All applicants must submit a financial warranty in an amount determined by the Board prior to permit issuance. The law and regulations allow for several different types of financial warranty. You should determine what type of financial warranty you desire to use and obtain the appropriate forms from the Mined Land Reclamation Division during the application review period to facilitate finalization of an acceptable financial warranty and permit issuance. COLORADO WATER LAWS The permittee is encouraged to contact the State Engineer, with regard to the administration of water rights, and the Colorado Department of Health, with regard to the discharge of pollutants into the waters of the State. Violation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado Department of Health. nn -4- ADDITIONAL INFORMATION This space can be referenced for further information of any of the items in this form. • To the best of my knowledge, all the information presented in this application is true and correct.Date: 3-- — 43^ r�, By: c. frl Xt./10 title (Signature by individual legally authorized to bind the operator to this application) (Rev. 4/84) Doc. No. 5547 ATTACHMENT TO REGULAR (112 ) PERMIT APPLICATION TO MINED LAND RECLAMATION BOARD FOR MINING AND RECLAMATION PERMIT FOR • ED LOLOFF CONST. , INC. , KERSEY, COLORADO - - MAY, 1985 EXHIBIT A - Legal Description Included on Sheet 1 of plan sheets. EXHIBIT B - Index Map Included on Sheet 1 of plan sheets. EXHIBIT C - Pre-Mining Plan Map of Affected Lands Included on Sheet 1 of plan sheets. a. All immediate adjacent surface owners are shown on Pre-Mining Map (Exhibit C) . b. Creeks, roads, buildings, power line (Home Light and Power) , and other topographic features shown on the topographic map (Exhibit C) . c. Contours shown on the topographic map. d. Area involved in operation - 55.17+ acres. e. Vegetation in area to be mined is entirely covered with a sparse growth of native bottom land grasses and weeds. No mature woody vegetation exists on-site. f. Water information - existing surface water resources shown on Exhibit C. See also Exhibit G. EXHIBIT D - Mining Plan a. & b. Mining by surface earthmoving machines. Mining operation will include use of rock crushers, office, and scales with scale house. c. No irrigation water diversions within property. Finished excavations to be maintained as a water impoundment pond is created from ground water and natural runoff. Lily d. See Mining Plan Map. Each designated area is worked separately and in sequence indicated. Area is shown on Exhibit D plan. All areas are subject to major disturbance. e. Time periods of each designated area is shown on Exhibit D. Gravel thickness varies - see Mining Plan, Exhibit D. Overburden is described in Exhibit AA. Sandstone- siltstone bedrock stratum underlies mineable sand/gravel material. EXHIBIT E - Reclamation Plan a. The operator proposes to reclaim the area through development of a water impoundment with seeded dikes, trees, and shrubs suitable for open space and wildlife habitat purposes. The reclamation will include a water impoundment generally within the natural ground water levels of the immediate area. Because the bottom of the excavation is well below normal ground water, the future use is development of a pond that could be used as habitat for numerous wildlife species. The pond will have a shaped dike with at least three feet of freeboard. All finished slopes from five feet above to ten feet below the expected water line will have a slope no steeper than 3 horizontal to 1 vertical, and will be compacted using standard heavy duty earthmoving equipment. b. This area can be reclaimed and used i much the same way as a number of pdra iu the City Greeley, such as Glenmere and Bittersweet parks. The reclaimed area used as open space and wildlife habitat will fit well into the agricultural zoning of the local land use plan according to local zoning regulations. c. The affected lands will be reclaimed for open space and wildlife habitat purposes within five years after reclamation has commenced. c-1. Grading - All grading will be accomplished as soon as feasible, approximately one year after the mining process is completed, using heavy earthmoving equipment. All areas outside the site will be protected from erosion or siltation as a result of the operations. No refuse and acid forming or toxic materials that might create water pollution are anticipated to result from r "f`4 the proposed mining operation. No drill or auger holes, or shafts result from the mining operation. Again, all finished slopes from five feet above to ten feet below the expected water line will have a slope no steeper than 3 horizontal to 1 vertical. c-2. Water - The operator intends to comply with applicable Colorado water laws and regulations governing water rights and with applicable Federal and Colorado laws and regulations governing water quality and dredge and fill requirements where applicable. Although the excavated area will remain inundated, no water is generated nor consumed as a result of the mining operation. The water impounded is that occuring from natural ground water seepage in the area or runoff entering the area from adjacent natural drainage ways. Since no water is consumed, the amount of water released is equivalent to the amount entering the area. See also the USDA Soil Conservation Service information noted as Exhibit AA regarding ground water, soils, and grasses in the area. c-3. Wildlife - The Colorado Division of Wildlife is currently reviewing the Pre-Mining Plan. A copy of their review will be sent to you for comment as soon as it is available. No conflicts with wildlife is anticipated regarding reclamation. c-4 . Topsoiling - Topsoil is quite limited in the native area and it is mostly of poor quality as shown on Exhibit AA. However, the limited topsoil will be stockpiled above the 100 year floodprone district and will be spread uniformly in depths of approximately 6"-12" on the dike areas above the water line of the water impoundment and in other locations that might have been disturbed during the mining operations to provide a support for vegetation. Topsoil will be maintained in a useable condition by creating vegetative cover if prolonged storage is required. c-5. Revegetation - Revegetation will occur only on the dikes above the water line of the impoundment and on the locations disturbed by the mining operation. It will consist of seeding of grasses compatible to the area as described by the SCS in Exhibit AA or as further recommended by that agency. Seeding schedules and application rates will be as recommended by the SCS. Trees or shrubs which are adaptable to the area will be used as screening. Plantings will be in accordance with the SCS recommendations as the areas are completed and reclamation occurs. d. Implementation of the reclamation plan will result in future use of the area through the innate values of a water impoundment which naturally provides a source for open space and wildlife habitat. The proposed permit area is not highly valuable for agricultural purposes as may be seen by reference to Exhibit AA. The reclaimed site will be consistent with the surrounding area with regard to natural vegetation, wildlife, and quality of water and air. Wildlife in the area would have a reasonably equivalent access. No less water in the area will result from the change. No air pollution will result, and in fact with more area dedicated to water, less dust should result. The water impoundment is described in paragraph a. of this Exhibit. e. For grading, compaction, and stabilization operations, refer to paragraph c-1. of this exhibit. For topsoiling operations, refer to paragraph c-4. of this exhibit. For vegetation operations, refer to paragrph c-5. of this exhibit. f. Timetables - Area I - 25.5+ acres. Mining operations in this area will begin within the next one or two years and is anticipated to occur from about 1986 - 2012. Reclamation planting will follow the schedules provided by the SCS. Area II - 17 . 2+ acres. This area will be mined after Area I from about 2012 - 2030 . Reclamation will begin as soon as practical and will be completed within the five year limit allowed by the Act. As with Area I, reclamation planting will follow the recommendations and schedules of the SCS. g. (i ) See Reclamation Plan and Details (Attached plan sheet as Exhibit F) . (ii ) See Exhibit AA - Applicant to comply with SCS recommendations. (iii ) Fertilization will be accomplished at time of seeding operations. (iv) See Exhibit E, paragraph c-5 . (v) See Exhibit E, paragraph c-4. EXHIBIT F - Reclamation Plan Map - See attached map. EXHIBIT G - Water Information The reclaimed operation is expected to have a very minimal effect upon other water systems in the area. The reclamation land use of open space and wildlife habitat will not consume groundwater, other than minor evaporative and transpirative losses. The impounded water will seek a level equal to that of the natural water table. The underground water table in the area surrounding the site will be relatively unaffected by the reclaimed area. Water from dewatering operations will be pumped into ponds developed on-site for that purpose. All excavations and piled materials will be sloped so that runoff from disturbed areas will flow into the ponds created and designed for that purpose. Wastes from machinery maintenance will be confined to localized areas so that none of those wastes reach water areas. There will be no project water requirements for development mining areas, other than occasional dust control operations. The amount of water needed for dust control is not expected to exceed 1, 000 gallons per week during dry conditions. The water will be purchased from the City of Greeley system or the North Weld County Water District. The applicant intends to spread excavated sand and gravel on haul roads, thereby greatly limiting the need for dust control measures. EXHIBIT H - Wildlife - See Exhibit E, paragraph c-3 . EXHIBIT I - Soils - See Exhibit AA. EXHIBIT J - Vegetative - See Exhibit AA. .ir ^j EXHIBIT K - Climate Average seasonal precipitation varies from 10 to 19 inches per year. Temperature ranges are those normal to northern Colorado east of the mountains along the front range and vary from a plus 100 F. to a low of minus 20 F. EXHIBIT L - Reclamation Costs - (1985 Dollars) Finishing Grading $10,000 Seeding 3, 000 Fertilizing 2, 000 Topsoiling 5,000 Miscellaneous Items (shrubs and tree saplings) 10 , 000 Total Estimated Reclamation Costs $30 ,000 EXHIBIT M - Rule 9.1 (1) - Deleted. EXHIBIT N - Rule 9.1 (2 ) - Deleted. EXHIBIT 0 -' Rule 9 .1 (3 ) - See Exhibit EE - Title Commitment Policy. EXHIBIT P - See Items 7 and 8 of Permit Application - Owner shown on attached map. vrr0 tX-I 1 L t I "AA" RL ,E1VED MAY 1 5 198 ` United States Soil 4302 West 9th St . Rd . Department of Conservation Greeley , Colorado Agriculture Service 80534 May 13 , 1985 Thomas S . Caldwell Nelson Engineers Greeley National Plaza 822 7th St . Greeley , CO 80631 Dear Mr . Caldwell : As per your request 4/23/1985 , please find the following attached : 1 . Order 1 Soil Survey Map 2 . Available Topsoil Mmap - 3 . Critical Area Planting Specification 4 . Mulching Specification The following seeding mixture is recommended for this site : DRILL SPECIES RATE ( BROADCAST) Vaughn sideoats grama 2 . 3 ( 4 . 6) lbs . /ac . Critana thickspike wheatgrass 1 . 7 ( 3 . 4 ) lbs . /ac . Arriba western wheatgrass 1 . 6 ( 3 . 2 ) lbs . /ac . The area should be mulched and crimped or tacked with 3500-4000 lbs. /ac . mountain meadow hay , or other grass hay free of volunteer wheat or barley . The area should be spring seeded not later than May 1 , but after April 1 . Mowing weeds :may be necessary for 2 years . Fertilizer is recommended at the rate of 40 lbs . nitrogen and 40 lbs . phosphorus per acre . Topsoil should be replaced to a depth of 12 inches . Animal manures at the rate of 8 T/ac . @ 80% moisture should be applied and incorporated if the topsoil stockpiles have been stored for more than 2 years . Topsoil stockpiles in long term storage should be seeded to a cover crop of 4 . 5 ( 9 ) lbs . /ac . Vaughn sideoats grama and . 2( . 4 ) lbs . /ac . Ladak alfalfa to retain as many soil microorganisms as possible . Considering the small amount of topsoil needed to reclaim the pond edge , the pit operator can be very selective about which topsoil to use in the reclamation process . The topsoil to be salvaged for on-site reclamation should come from soil mapping unit 10 - Bankard sandy loam. The soils in the swale positions , soil mapping unit 3 - Aquolls and Aquents , are rich in organic matter but have u tXHILSII "HA- significantly more clay , commonly clay loamy and light clays . These soils could be salvaged and sold for topsoil on the local commercial market for landscaping purposes . This .material , when mixed with equal amounts of sandy loam or loamy sand , would be good planting medium for lawns , trees and shrubs . The final grade along the edge of the pond should be 4 : 1 or flatter . This will provide access for fisherman . Anything steeper is generally inaccessable . The site is also subject to ground water and will be in a flooded condition after mining . If the post-mining land use is wildlife , I have two further recommendations . In the early stages of mining , preferably by year. 5 , a visual barrier should be established along the east boundary of the property and along a portion of the north and south boundaries . This barrier should consist of two rows of trees and shrubs . The first row should be 5 feet from the property boundary and consist of American Plum( shrubs ) on 4 foot centers . The second row should be Eastern redcedar ( trees ) 15 feet from the first row on 12 foot centers . This barrier will provide security for waterfowl on the pond area . With 4 : 1 slopes around the perimeter of the pond, there is a very narrow area for emergent aquatic vegetation to become established . This type of vegetation is important for ' feeding and nesting sites . In the area where the topsoil was stockpiled , west of the shop area , an opportunity exists to create an area of emergent vegetation when the pit is abandaned . When the topsoil is removed from the stockpile , this area could be graded such that the north end of the stockpile is 6 inches above static groundwater and sloping southward at a 1% slope into the pit . The pit edge of this grading could be left at the angle of repose . This grading , when flooded , would provide an area for sedges , rushes , and cattails to become established and could provide feeding and nesting cover for waterfowl . If you have any questions or further reclamation needs , please call . Sincerely , tUlf ?LAP Gregory L. Snell Soil Conservationist Greeley Field Office GLS/kep !°k:'h1i§bs'CtY+ # "arm'. 6.. .S!? EXH I Blaa "AA U'."1 klY t,Lt , 4.. PI IF i L 11 for,i a -11'..t'', # 4 .r. 3 u k 4,,. • W� Y�y. ', °tA' 4t�i Pi7* ',F t r., 2��c ,,03,-'111-ily.91'' y 4, 44 u ,X-1 `;4 S. ab #'#� 4 ygiaY..C s1f +V ! ► '. y fpt!t ; ' ø ltr • • «iGGGJJJ y" .rkr ')'4''t tt� 1 ' rrel Lo20i6 Ghavei P,c t h. ..re t: `� 47;$.4 L.:1 ,,; �pPP .�- ,J-"r" '; ' ififet4 a 4 yfs7 .i, :y.{ � 1+- !! *T s to?. �_- ''".'4'w' .-." AN_' 1 5{ .kr .yaq %sa j,,,t q S �kr ...,: ryx.y. si i'! 114 4 1 '.f. • ,r i.+C Er } i"r y., sr• Y ' :i u A11s",� i ..r �, 1.'10'7 l 4.sisyt i s ! 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Swvey �z � ;; , y and ma LH s .;. 1 .on h mbo pp gun t cf/ yg� i� n.f'^ N l r. ,V,r , c i to c �^I .tt '�l � , .1:: ,j .-'fr, t el• I Lr 1 t, vy- 1+'r y;,.t l ,,y d_ 1ii: S ,ti2• Y t # 1 �y� i 4' . 911• 4 C . , �, s r 4, t` �+., $, ,,. <yf,+" --° ,...L-5,-,._ I _ - - 4. >z.x. F lr*} i€ ' <�.. Tat -- 1111 ,-_. -_ _ - - - \xi 't r C Y 1r I _-- . r., is Y �Aa yw s. f7tilll _ 1;141 9I �- / .r4Lk fir : II' rd. I J �.t , . M< t :J4 Fyn. i 14IBIT AA I 1 Ia.Y PUt rtay41 i* 4"' J�iH '�� .,� aE�,bt1 . ty :,,,,,,:„f. � L t * .tii � r d iii #�/ t 4iyyA t,irikk l; r t•l i �, a: • I ?l t I v T Y . F1•}'� Yi 1 Of 1.,r t ^' •� 1!i1 �rYj LJ nC�l� `` fr sty Lola 66 Gnavcl Pbt s- A ' 4,,;,,...t.:..4' "i, P.0 :4 • i r' ...,, i 'i7 a n +�'° 5.,r .lb .<.,I, P„4 iv, �i" #x 3 7y r J .rr'1`•- F i.: t e-SY' I 1 �� 5 N 1. - tR -- i i JC+lp'y astp Kt it/ 4•• .ship' ., Ea ti _ r i • ( yyy wri% tet ?. • I . 11141 iii; V.. 1 ytt1.{ Sp,• ts -1 ?�dt rt.,Yo 1xv k=� M4 tAe-It r `ni�yi#"~ �jr }. 1-.. • .:, .. ''•• \ .4i---'-‘11.1; l''-- ... . .!11. l ,114 •1' 4, . 4L -a `c it: rte„• 1# :..1 ., �tf , . J j' / X'feav }rt.l; ayN1'it2 '' t^pAf • - ' --• #' ' "le ' 14/1:' . 2.••'r/ ..A.- \ ;•114•24-b ' • '''' h.?' I,c ''fl••' +I.Visi. „,i5. If ..• �qS fT dF. .. ,,..L: 1`<4 . k I „le,....,..,,,,,:•.„ v. 1 u } T. L ' w >�11 *FT' ; .V ! A 111 1 . j'1.%. . . „ ' \SY-04 ef. . .--0. ly -r. tik 4 -°,4;°.':".t1 ., ‘1s1 -" '"•\ /F• S >N' ` ,i a l� r a rays k K `.�' } 1 3 itr> I r•'`. a ,.rya ,, ji Lc y ` fit,, ,I' 9 \_ 1y C. V ! ,, �@,1f 2g Vi 1 'I; '',1 S Ava 2a6Qe Tapaa P, n inches It?,,,,,‘", .. 1 "3Y 4#1 �p "1R rry/�_.� h• 0 j4 1 r Y s 4J • T� �1 1_ .8'. Y�Ip' i.4 i R(.`.a _ ,�:zr ..-,•r , . fin r a °I "� 4I 1 ,t eJ '�. `� �7 -yt r Pq-' ."!'""'-'-n- 4 ,G Qt G ^` � t u f� " MCP : C I1 rC ,-.,7-4--.- �7 • - _. 11 • •y d Y °J� 7J '� i ,tY, rl�t ft i + i r'1 � - Yy� ict L v �. qty 1tt t' , paPl F } •S=,p Fit ` (j I r 1 •%9:i7 � \ S 4,_ 1� , 4F C •. 1,-.. ...:17,7 1.:Q.7:;11,47.:\ k ♦ 1: A I I � -' b1 isIN� 1 a4. `''t,rtc n, "(I1 , ; t 1 . •'� `Y} Lill:[ate V EXHIBIT "AA" V Y .i. '1 UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide Soil Conservation Service Section IV Colorado All Field Offices July 1981 STANDARDS AND SPECIFICATIONS CRITICAL AREA PLANTING (ac.) (•342) Standard Planning considerations: Deatriti.-on_` j Other conservation practices, including ; but not limited to diversions, land Planting vegetation, such as trees, smoothing, obstruction removal, surface shrubs, vines, grasses or forbs, and subsurface drains, and underground on highly erodible or critically outlets, may be necessary to prepare a eroding areas (does not include tree `I. critical area for planting. Site pre- planting mainly for wood products) . paration accomplished through the appli- ___ cation of the above practices should Purpose result in a site meeting the following standards. To stabilize the soil, reduce damage from sediment and runoff to downstream 1. Land slopes should not exceed 50 areas, and improve wildlife habitat percent (2:1) and should be flatQX4.1) and visual resources. where feasible and practicable. Conditions where practice applies 2. Soils or soil materials must have sufficient depth and potential On highly erodible or critically ero- fertility to support the type of dible or critically eroding areas. vegetation to be established. These areas usually cannot be stabil- ized by ordinary conservation treat- 3. Materials such as rocks and trash ment and management and, if left that will interfere with planting untreated, can cause severe erosion must be removed. or sediment damage. Examples of applicable areas are dams, dikes, 4. Runoff water from the site or adja- mine spoil, levees, roadsides, cuts, cent areas must be controlled in a fills, surface-mined areas, and de- manner that will prevent serious nuded or gullied areas where vegeta- erosion and damage to the planting. Lion is difficult to establish by - - usual planting methods. Specifications Critical area planting should be Topsoiling applied only on sites that have the . capability of supporting vegetation. In the event that the soils have insuffi- Some critical areas are so hostile to cient depth or have physical character- plant growth, because of climate, istics unsuitable for development of soils or slope, that stabilization vegetative cover, topsoil or soil material can be achieved only through struc- having the capability of supporting the tural measures. planned vegetative planting shall be - brought in and spread over the deficient areas. The material must be applied uniformly in sufficient depth to support the type and quality of vegetative cover planned for the site. Source of materials must be approved by the responsible technician. ;r.,.-,n r.4 ink TGN 11170 342-2 Critical Area Plant a Fertilizer requirements 1. All critical area plantings shall be fertilized unless field evidence or a laboratory soil analysis indicates sufficient amounts of nitrogen and phosphorus are present for establishment of vegetation. 2. The rate of fertilizer application shall be no less than 40 pounds of nitrogen (N) and 40 pounds of phosphate (P205) per acre. Animal manures or similar organic material may be used to supply all or part of the specified nutrients. 3. Time of application shall be immediately to seeding, of seeding, or immediately following seeding, as applicable to the kind of fertilizer and type of equipment used. Seedbed preparation The seedbed shall be well settled and firm, but friable enough that seed can be -placed at the seeding depths specified in "Depth of seeding." The seedbed shall be reasonably free of weeds. Competitive stands of weeds that are present before seeding must be controlled : r shallow tillage or by application of herbicides labeled for this purpose. �r'• .�• �� Soils that have been over-compacted by traffic or equipment, especially when wet, should be tilled to break up rooting restrictive layers, and then harrowed, rolled or packed to prepare the required firm seedbed. Methods of seeding • 1. Seed should be planted with a drill on all slopes of 33 percent (3:1) or flatter: The must have the capability of handling the kind and rate of seed being planted. 2. Seed .may be broadcast by.hand, by mechanical spreader, or by hydraulic equipment on areas that are small, too steep, or not accessible for seed-drill operations. This specification does not provide for hydraulic application of seed and mulch in a single operation. Depth of seeding _ 1. Seed planted with a drill shall be covered with soil to adepth of 1/4 to 3/4 inch. 2. Seed planted by the broadcast method shall be incorporated into the surface soil, not to exceed a depth of 3/4 inch, by raking, harrowing or other proven method. 3. Indian ricegrass may be seeded to a depth of 2 inches on sandy loam and loamy sand soils. USDA/SCS/COLORADO 7/81 TUN (1170 T� T tXHIbl1 "AR ' Critical :a Planting 342-3 Time of seeding Grasses, legumes and other seeded species shall be planted within the seeding periods specified in Table 1, with the provision that up to 10 days tolerance from the specified periods may be allowed for the purpose of adapting to local soil moisture conditions. Rocky Mountain penstemocc, hairy vetch, milkvetch and Indian ricegrass should be planted in the fall so that freezing and thawing can break seed dormancy for spring germination. Table 1. Seeding dates for Critical Area Plantings Cool Season Plants Warm Season,Plants MLRA* Dormant-Spring Summer Dormant-Spring Summer. D-34A,B,C, . Oct 15-Apr 30 Jul 15-Aug 31 Oct 15-Apr 30 Jun 15-Jul 15 D-35,D-37, D-39 E-48A,E-48B, Oct 1-Apr 30 Jun 15-Jul 15 l/ Oct 1-Apr 30 Jun 15-Jul 15 E-47 E-49A,E-4911 Oct 15-May 15 Aug 1-Aug 31 ?/ Oct 15-May 31 E-51 Oct 15-Apr 15 Jun 15-Jul 15 Oct 15-Apr 15 Jun 15-Jul 15 G-67 So.Colo. Nov 1-Apr 30 Aug 15-Sep 15 2/ Nov 1-May 31 G-70,H-77 G-67 No.Colo. Oct 15-May 15 Aug 15-Sep 15 ?/ Nov 1-May 31 H-72 G-69A,G-69B Nov 1-Apr 30 Aug 15-Sep 15 2/ Nov 1-May 31 *Major Land Resource Area 1/ Applicable to MLRA E-48A and E-48B on eastern slope of Rocky Mountains. 2/ Applicable to irrigated sites. Rates of seeding Seeding rates shall be in accordance with Colorado Agronomy Technical Note #61, "Seeding Rates" dated March 16, 1981. Purity and germination tests for all lots of seed shall be less than one year old. SEE a ,ao Selection of species Species planted shall be selected from the tables of "Perennial Grasses and Forbs for Critical Area Plantings" and from the table of "Woody Plants for Critical Area Plantings" attached to this specification (Tables 2 through 12) . Use the attached map of Major Land Resource Areas as a guide to the plant tables. The tables list species that are normally available on a commercial basis. Other plants that are indigenous to the site may also be planted whenever available. TGN (/170 USDA/SCS/Colorado-7/81 342-4 Critical Area Planting Mulching See (?9 • +" Critical area plantings shall be mulched where rapid establishment of seeded species is essential, or where one or more of the following factors are likely to cause failure of the planting, as determined by the responsible technician. 1. Low or erratic precipitation 2. Droughty or slowly permeable soils . 3. High soil temperatures 4. Erosive soils 5. Drying winds Where need for mulching has been determined, follow standard and specifications for "Mulching" (484) . Cover crops or crop residues produced on the site will satisfy mulching requirements if present in sufficient quantity to provide needed soil protection and moisture conservation. Planting trees, shrubs and vines 1. Planting of woody plants must be done in late winter or early spring before bud burst. 2. Roots shall be kept moist at all times before planting. 3. Roots should be spread out as close to natural position as possible during planting. 4. Holes shall be deep and wide enough to accommodate seedlings without bending roots. t.- 5. Stock should be set the same depth as in the nursery or slightly deeper. In no case should a plant be set shallower than it was in the nursery. 6. Soil shall be packed well around roots until seedling cannot be easily pulled from the ground. Care should be taken to eliminate all air pockets in the soil around the roots. 7 . Plants shall be watered at planting time. Supplemental water for establishment of plantings 1. Seeded plantings. In fgt3Wui fh1l areas, where water is available and where rapid establishment is needed, irrigation of new seeding should be performed during the first growing season. Water should be applied- at approximately 1-week intervals, at a rate of 3/4 - 1 inch per application, when rainfall is deficient for plant development. 2. Woody plantings. Woody transplants shculd' be watered at time of planting, followed by application of at least 1 gallon per plant per week, applied to the soil at the base of the plant during the first growing season. USDA/SCS/Colorado-7/81 TGN 1/170 f*^^n r,f ink EXHIBIT "AA" 342-5 Critical Area Planting Protection of planting. Planted sites shall be protected from trampling and grazing until plants are well established. In heavy-use areas, critical area plantings should be protected by fencing or barriers. Woody seedling transplants may be protected from rodents and browsing animals by enclosing the plant in Vexar tubing or by painting with animal repellent. The Vexar tubing must be anchored to the soil by means of a lath or long wire staple to prevent removal of the tubing by wind. A. Management • 1 .. Range seeding will be undertaken only where grazing by domestic livestock will be controlled to permit plants to become well established. • 2. Range seedings will be protected from all livestock from the date of seeding for at least two successive growing seasons, or until the seeded plants are well. established. One dxception is crested wheatgrass, it should not ever be' grazed until the second growing season. neccss, -c 2' yrs 3. Weed control for estab- . Meuj.Ky fwkil lishment: U a. Grasses (1) Broadleaf weeds should be sprayed while actively growing and before reaching 4-6 inches in height. Seeded grasses should be in a 4 leaf stage prior to spraying. Selective herbicides such as 2 , 4-D and/or Banvel- 1/ should be applied according to labeled instructions. ( 1/8 .- 1/4 lb. ai. of Banvel with 1/2 - 1 lb. ai. of 2 , 4-D provides good control of actively growing annual broadleafs in seedling growth stage. It may be necessary to spray twice the first year and once the second year after planting. ) l/ Use of trade name is for • clarity only and does not imply endorsement of any one product over others labeled for the mar-.v 0 same treatment. EXHIBIT "AN' UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide Soil Conservation Service I Section IV Colorado All Field Offices February 1982 • STANDARDS M D SPECIFICATION MULCHING - 484 (Acre) Standard ' Definition • B. Straw or Hay Mulch • Applying Qlant residues. or other 1 ., The material will be grass materials I not produced on the site to hay €. et.e_al ;10.31.. ot.a;. (both • the soil Surface. referred to as straw in ,these • specifications) . Purpose 2. The normal rate of appli- To conserve moisture; prevent surface cation shall be 4,000 lbs/ac. of compaction or crusting; reduce runoff air-dry material spread. uniformly and erosion; control insects; and help over the area. establish plant cover. 3. At least 50% of the mulch Conditions where practice applies by weight shall be 10 inches or more in length. On soils subject to erosion on which low-residue-producing crops, such as 4. The straw will be free of grapes and small fruits are grown; on noxious weeds. critical areas; and on soils that have a low infiltration rate. 5. One of the following methods of anchoring the straw mulch will be used: Specifications a. Manufactured mulch A. General netting: Mulch netting will be pulled hand tight over straw. 1. The area shall be relatively Mulch netting will be held firmly smooth and free of gullies or drifts. in place by metal pins commer- cially available from mulch net 2. Mulching material shall be manufacturers for this purpose. applied immediately before or after They are usually made of 8 guage seeding unless seed is applied with wire and are 6-8 inches long. Pin the mulch. When stabilizing sandy spacing will be in accordance with soils it is recommended that seeding the manufacturer's instructions. will be done after mulch application If the soil is sandy or otherwise to prevent seeding too deep. For loose, use longer pins and wooden additional information refer to stakes to firmly secure the Agronomy Technical Note 1/47 (Rev. 1). netting. TGN ;1182 2/82 inn-% '*„/+� L.__ J • 484-2-Mulching b: Asphalt: Either Liquid or emulsified asphalt products may be blown on with the straw, or sprayed or sprinkled after the straw is spread . An application rate of 0.10 gal/sq.yd. or 500 gal/ac. should be used with the liquid asphalt and a rate of 0.04 gdl/sq.yd. or approximately 200 gal/ac. should be used for the emulsified asphalt. Manufacturer's recommendations should be followed in the mixture of asphalt and carrying agent. c. Other products are polyvinyl T acetates and organic tackifiers. d. Mechanical method - special equipment is manufactured specifically for this purpose. However, if a "mulch crimper" is not available, a farm type disc plow can be used by setting the disc straight and apply-adequate-weight- to crimp the straw 4 inches into the soil. C. Jute Netting A heavy woven jute mesh designed for mulching. Install in accordance with the manufacturer's recommendations. D. Excelsior Mat A wood product covered with a plastic netting. Installation will be in accordance with the manufacturer's recommendations. E. Erosion Control Fabric or Blanket A biodegradable polypropylene material constructed with knitted yarn interwoven with strips of paper. Installation will be in accordance with the manufacturer's recommendations. F. Feedlot or Barnyard Manure 1. The manure must be of a type that has 60% or more, by weight, heavy chunks 5 inches or more in diameter. Granular or powdery manure will not meet specifications. 2. The minimum rate of application shall be 20 tons per acre spread uniformly over the area. 3. The manure will be applied immediately before or after seeding depending on conditions determined by the technician. ens,TGN #182 2/82 ad:4 .y•., � -1 LAIII0I I "1AH.. ��µ n X r r ��v 'a �r11:Sts Tt4 +�gtt;ai ,{.y�4t�Kr� It 4i �j .,,,k.‘t� l t S ;/ nor w., t c, i4` i?.. S, t ' n<, ` �}}>> �h! rn 1'� �.! 11 :'HY �t ,,..� a.'Sr. . — 'Y'''''''' N .1�`.r j}��9 soil survey of r v '4 r.t's my r ?� >.. 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'RA . 1 4•"^ µI'+1�4 _Ifs 91(5104:4ai • >, 22Fr is �fj ®. a"' t ' apF.t ° 4 t +. 1 '.i •A ilf!..'—, a k r rat Z li; i vj a.9Y is i,,,t. 1 .y�3 'r2- i' r ..gip y�,p� ai .r.._ 0. 21 A "I 9 �f p r s ff�� . tt J��yyyrf��e ....,-.11,..v? r s A .J t r lffQ A � ``<.• 1 . a """11 f . r• ,.,7 ; - .: ,+. r .1:'' Il i� i t ri rrde rfv? ,, , ? f,.: , x - f { or , c.< ;"iJ 1 .-1.,“!-- •`.,�'. 3 . ems-J '1,1i-' • ;' A 52 &. t( ' `' Ito i � • p o 41 1,114\«W re A • ri. ^ 4'^>n�• g*kk •,t,, :. CACHE •,:. s • �, ,ra r � a�'.�v� -.H '��. water ..t -- +. '*l ,{ .M,., r r j1mt' ' ..,,,.. t. -...\., . ..... - jfy , iXnti,r - #� -•h 'W t �. # 485r I1 t tw w t 4.;•..,.... T.,:14.4-4,,.. +`' " Tg :< �•c ti,....;,,,,,,„,- • �vrTA r,1,ht:h�. s",`',.'. r` "" i, 1: P,•t f y ,r't"`1f1 k i e* 4 ,` - �••• r„L. 0 _ • --r p'• �39 4"''-'"?:" 4t4 ^ mfr iris E , < : r , ki :7.'t w° , i' •°" i. J.`N 2 'fir v- .�, 46 a..erps r :, „,.i, 15hW 5.0 ' ,:` 'R ':%f .i'i' -'0-w ,.}�' 'w+� ,§cue••,• ilk "M' -+nv t al.t xF. 'i 51 :tv ,r an 1 t � * 4 46t' C , u i ,J3�y 50 rY✓ y. q • .:;;t-,t Lai .Ar i • .1• r;N ..... 1.�, 'iNt`rca P,d'.. •'xai a p<.F .p, ../.••• �t �;� r.-� • I, dl 46 8 68� 3 • .t: - +' EXHIBIT "AN' , 8 SOIL SURVEY filter t e leachate. Sewa e lagoons re ire sealing. 60 percent of the unit. Aquents, which have a lighter Lawns shrubs, and trees ow well. Cap ility subclass colored surface layer, make up about 35 percent. About 5 Its i igated. percent is Aquepts and Bankard sandy loam. 2 Altvan loam, 1 to 3 percent slop . This is a deep, These are deep, poorly drained soils that formed in w drained soil on to aces at elevatio s of 4,500 to 4,90 recent alluvium. No one pedon is typical. Commonly the f et. It formed in o alluvium dep ited by the ma' r soils have a mottled, mildly alkaline to moderately al- -ivers. Included in apping are sm 1 areas of soils at kaline loamy or clayey surface layer and underlying show evidence of oor drainage. so included are all, material and are underlain by sand or sand and gravel long and narrow reas of sand an gravel deposits. within 48 inches. In places they have a gleyed layer in the Typically the urface layer of is Altvan soil is ayish underlying material. brown loam out 10 inches t ick. The subsoil s brown Most of the acreage is subject to flooding. The water and light ye owish brown el loam and sandy clay loam table is at or near the surface early in spring and recedes about 14 in es thick. The s stratum is cal eous loamy to as deep as 48 inches late in fall in some years. sand abou 5 inches thick o er gravelly sand These soils are used for rangeland and wildlife habitat. Perm bility and a ailable water capacity are Some small areas have been reclaimed by major drainage moder e. The effective rooting depth is 0 to 40 inches. and leveling and are used for irrigated crops. Surfa e runoff is medi , and the erosio hazard is low. The potential native vegetation is dominated by alkali T s soil is used a ost entirely for rrigated crops. sacaton, switchgrass, and western wheatgrass. Saltgrass, is "ted to all crop commonly grow in the area, incl - sedge, rush, and alkali bluegrass are also prominent. i corn, sugar be , beans, alfalfa, mall grain, pota es, Potential production ranges from 3,000 pounds per acre in nd onions. An e mple of a suitab cropping syste is 3 favorable years to 2,000 pounds in unfavorable years. As to 4 years of alfa followed b corn, corn for ilage, range condition deteriorates, the switchgrass, alkali sugar beets, s all grain, or b ns. Land leveli ditch sacaton, and western wheatgrass decrease and saltgrass, lining, and i tailing pipelines ay be needed f r proper sedge, and rush increase. water appli tion. Management of vegetation should be based on taking All metods of irrigatio are suitable, b furrow ir- half and leaving half of the total annual production. Seed- mmercion ' the most comm n. Barnyard ma re and com- ing is difficult and costly because numerous tillage prac- ercial kas er are nee d for top yields tices are required to eliminate the saltgrass sod. Win reaks and env' onmental plant' s of trees d Switchgrass, western wheatgrass, alkali sacaton, tall in the shru commonly gro n in the area e generally ell wheatgrass, and tall fescue are suitable for seeding. They sui d to this soil. Cultivation to control com eting can be seeded into a clean, firm seedbed. Seedbed v elation should e continued fo as many y ars as preparation usually requires more than 1 year to ssible following lancing. Trees t t are best s ited and eliminate the saltgrass sod. A grass drill should be used. ave good survi al are Rocky M ntain junip , eastern redcedar, pond osa pine, Siberi elm, Russi -olive, and Seeding early in spring has proven most successful. Wetland wildlife, especially waterfowl, utilize this unit. hackberry. T shrubs best su' d are sku bush sumac, The wetland plants provide nesting and protective cover, lilac, Siberia peashrub, and erican plu This soil an produce hob' t elements that are hig ly as well as some food. The nearby irrigated cropland, suitable f openland wild e including heasant, co on- where wildlife obtain much of their food and fmd protec- tive cover, makes this unit valuable to both wetland and tail, and mining dove. uch crops wheat, co alfalfa rovide suitabl habitat fo openland ildlife, openland wildlife. espec' Ily pheasant. ree and rub planti gs and Openland wildlife, especially pheasant, use this unit for und" Curbed nesting over would nhance ope and wil- cover and nesting. Deer fmd excellent cover in some dli populations. areas. his Altvan soi has fair to good potenti for urban These valuable wildlife areas should be protected from nd recreational evelopment. he chief li ting soil f - fire and fenced to prevent encroachment and overuse by tures for urba developmen are the sh ' k-swell po n- livestock. They should not be drained. tial of the s soil as it ets and dri and the pid These soils have good potential as a source of sand a d permeability of the sand and gravel bstratum. eptic gravel. Capability subclass VIw; Salt Meadow range si tank abso ion fields f ction proper , but in pl es the 4—Aquolls nd Aquepts, flooded. T s nearly evel substratu does not ontain enou fines to roperly ma unit is i depressions . smooth p1 ' s and alo g the filter t leachate. ewage lag ons requir sealing. b toms of atural drain eways thro ghout the survey Lawns shrubs, and rees grow ell. Capabil' y subclass. ea. Aqu s, which ha e a dark co red surf e layer, Ile i gated. make up bout 55 per ent of the nit. Ague ts, which `3-Aquolls and Aquents, gravelly substratum. This have a ghter colore surface lay r, make about 2 nearly level map unit is on bottom lands and flood plains percen . About 20 rcent is soi that are ell drain d of all the major streams in the survey area. Aquolls, and s ils that have andstone or shale with' 48 inche of which have a dark colored surface layer, make up about the urface. EXHIBIT "AN' 12 SOIL SURVEY ThisLoul has good p tential for urban nd recreational Wildlife is an important secondary use of this soil. The devel ment. Increas d population gro th in the surve cropland areas provide favorable habitat for ring-necked area as resulted in ncreased homesi construction. T e pheasant and mourning dove. Many nongame species can chi limiting soil f atures for urban evelopment are he be attracted by establishing areas for nesting and escape s •"nk-swell pote ial of the subsoi as it wets and ries cover. For pheasants, undisturbed nesting cover is essen- ed the limited ility of this soil support a load. eptic tial and should be included in plans for habitat develop- ank absorptio fields function operly, but con <mnity ment, especially in areas of intensive agriculture. Range- sewage syste s should be proved if the popul ion den- land wildlife, for example, deer and antelope, can be at- sity increas . Because of the moderately rapi permea- tracted by managing livestock grazing and reseeding bility of th substratum, sew ge lagoons mus be sealed. where needed. Lawns, s bs, and trees ow well. Capab" ity subclass This soil is not suited to urban or recreational develop- Ile img ed. ment because of the flood hazard. Capability subclass 10 Bankard sandy loam, 0 to 3 percent slopes. This IVw irrigated, VIw nonirrigated; Sandy Bottom land is a deep, somewhat excessively drained soil on flood range site. plains at elevations of 4,450 to 5,000 feet. It formed in 11—Br ser sandy loam, 0 t 1 percent slopes. Th"s is stratified recent alluvium along streams and rivers. In- a deep, ell drained soil on to aces at elevations of ,700 cluded in mapping are numerous sand and gravel bars to 4,8 feet. It formed " alluvium deposited the and small areas of noncalcareous soils. Soul Platte River. Includ d in mapping are sm I areas Typically the surface layer of this Bankard soil is of s ils that have sand d gravelly sand in e lower brown sandy loam about 4 inches thick. The underlying p of the substratum. material to a depth of 60 inches is pale brown calcareous ypically the surface ayer is grayish brow sandy loam sand stratified with thin lenses of sandy loam, loam, and bout 11 inches thick. he subsoil is brown nd yellowish fine gravel. brown sandy clay 1 m about 19 inches ick. The sub- Permeability is moderately rapid. Available water stratum to a depth f 60 inches is loamy s nd. capacity is low.The effective rooting depth is 60 inches or Permeability nd available wate capacity are more. Surface runoff is slow, and the erosion hazard is moderate. The ffective rooting dep is 60 inches or low. more. Surface noff is slow, and t erosion hazard is This soil is suited to limited cropping. It is sandy and low subject to flooding. Pasture is the best use. Tall wheat- This soil " used almost entirely for irrigated crops. It grass, tall fescue, and annual sweetclover are some of the is suited t all crops commonly own in the area inclu most suitable crops. Light, frequent irrigation by furrows ing corn, ugar beets, beans, alf a, small grain, potato s, and flooding is best. Commercial fertilizer improves the and oni . An example of a s table cropping system s 3 amount and value of forage produced. to 4 ars of alfalfa follow d by corn, corn for " age, The potential native vegetation is dominated by sug beets, small grain, or eans. Few conservatio prae- sideoat rass, in,needlss, sand bluestem, sand reedgrass, tice are needed to mainta' top yields. sideoats grama, includes other and blue grama. Much it methods of irriga on are suitable, but f rrow ir- of this range site includes other soils and vegetation in ation is the most co mon. Barnyard manur and com- such a complex pattern that it is difficult to map them mercial fertilizer are eded for top yields. separately. Potential production ranges from 2,500 pounds Windbreaks and e vironmental plantings re generally per acre in favorable years to 1,500 pounds in unfavorable suited to this soil.- oil blowing, the prin ipal hazard in years. As range condition deteriorates, the tall and mid establishing trees and shrubs, can bee trolled by cul- grasses decrease; blue grama, sand dropseed, and forbs tivating only in he tree row and by awing a strip of increase; and forage production drops. Undesirable weeds vegetation bet een the rows. Supp mental irrigation. and annuals invade the site as range condition becomes may be need d at the time of plan g and during dry poorer. periods.Tre that are best suited d have good survival Management of vegetation should be l du ioo taking are Rocky ountain juniper, east redcedar, ponderos half and leaving half ofthe total annual production. Seed- ing is desirable only in areas large enoughto interseed or pine, Sib Han elm, Russian-oli e, and hackberry. T to prepare a seedbed. Switchgrass, sand bluestem, sand shrubs st suited are skunkbu sumac, lilac, and Sib reedgrass, sideoats grama, little bluestem, blue grama, pu- an pea rub. bescent wheatgrass, and intermediate wheatgrass are W life is an important econdary use of thi soil. suitable for seeding. This soil can be seeded by using an Rin necked pheasant, mo "ng dove, and ma non- interseeder or a firm, clean sorghum stubble. A grass drill ga e species can be attr cted by establishing eas for is required. Seeding early in spring has proven most suc- n sting and escape coy r. For pheasants, u isturbed cessful. esting cover is essent" I and should be inclu d in plans This soil is generally not suited to the establishment for habitat developm t, especially in areas of intense and growth of trees and shrubs. Onsite investigation is agriculture. needed to determine feasibility and possible tree and This soil ht. La s, shrubs, and as goo potential for urban d trees grow wel e t The shrub species. de v.- 0... EXHIBIT "AA" 34 SOIL SURVEY or drilled into firm, clean sorghum s bble. Seeding tivating only in the tree row and by leaving a strip of early in spri has proven most s cessful. Brush vegetation between the rows. Supplemental irrigation management n also help to improve d eriorated range. may be needed at the time of planting and during dry Windbrea and environmental plan ngs are fairly well periods. Trees that are best suited and have good survival suited to t soil. Blowing sand and ow available water are Rocky Mountain juniper, eastern redcedar, ponderosa capacity e the principal hazards in establishing trees pine, Siberian elm, Russian-olive, and hackberry. The and sh s. This soil is so loos that trees should be shrubs best suited are skunkbush sumac, lilac, and Siberi- planted in shallow furrows, a vegetation is neede an peashrub. betwe n the rows. Supplemen irrigation may be nee d Wildlife is an important secondary use of this soil. to i ure survival. Trees tha are best suited and ve Ring-necked pheasant, mourning dove, and many non- goo survival are Rocky ountain juniper, a tern game species can be attracted by establishing areas for r cedar, ponderosa pine, d Siberian elm. The rubs nesting and escape cover. For pheasants, undisturbed st suited are skunkb h sumac, lilac, and iberian nesting cover is essential and should be included in plans peashrub. for habitat development, especially pin areas of intensive Wildlife is an import nt secondary use of th' soil. The agriculture. cropland areas provid favorable habitat for ing-necked Rapid expansion of Greeley and the surrounding area pheasant and mourn' g dove. Many nonga species can has resulted in urbanization of much of this Otero soil. be attracted by es bushing areas for nest' g and escape This soil has excellent potential for urban and recrea- cover. For pheas ts, undisturbed nestin cover is essen- tional development. The only limiting feature is the tial and should e included in plans for habitat develop- moderately rapid permeability in the substratum, which ment, especiall in areas of intensive griculture. Range- causes a hazard of ground water contamination from land wildlife, or example, the prong rn antelope, can b sewage lagoons. Lawns, shrubs, and trees grow well. attracted b developing livestoc watering faciliti s, Capability subclass Its irrigated. managing ' estock grazing, and re eding where need d. 51—Oter sandy loam, 1 to 3 percent lopes. This is a Few a as of this soil are in major growth an ur- deep, well rained soil on plains at ele lions of 4,700 to banized enters. The chief limi ng feature is th rapid 5,250 fe . It formed in mixed o wash and eolian perme ility in the substratu , whidh causes a h zard of deposits Included in mapping are sm 1 areas of soils that grow water contamination rom seepage. Pot ntial for have I m and clay loam underlying aterial. rec ation is poor because of the sandy su ace layer. Ty cally the surface layer is b own sandy loam about C ability subclass IVe i gated, VIe non' . ated; Deep 12 i ches thick. The underlying aterial to a depth of 60 nd range site. in es is pale brown calcareous me sandy loam. 50:-Otero sandy loam, 0 to 1 percent slopes. This is a ermeability is rapid. Av liable water capacity is deep, well drained soil on smooth plains at elevations of oderate. The effective ro ing depth is 60 inches 4,700 to 5,250 feet. It formed in mixed outwash and eolian more. Surface runoff is sl , and -the erosion hazar is deposits. Included in mapping are small areas of soils that low. have loam and clay loam underlying materiaL This soil is used almo entirely for irrigated cro s. It Typically the surface layer is brown sandy loam about is suited to all crops c monly grown in the are . Land 12 inches thick. The underlying material to a depth of 60 leveling, ditch lining and installing pipelines ay be inches is pale brown calcareous fine sandy loam. needed for proper w er application. Permeability is rapid. Available water capacity is All methods of ' 'gation are suitable, but urrow ir- moderate. The effective rooting depth is 60 inches or rigation is the mot common. Barnyard man a and corn- more. Surface runoff is slow, and the erosion hazard is mercial fertilizer re needed for top yields. low. In nonirrigat d areas this soil is suited t winter wheat, This soil is used almost entirely for irrigated crops. It barley, and s ghum. Most of the acre a is planted to is suited to all crops commonly grown in the area, includ- winter whe . The predicted average y eld is 28 bushels ing corn, sugar beets, beans, alfalfa, small grain, potatoes, per acre. T e soil is summer fallowe in alternate years and onions. An example of a suitable cropping system is 3 to allow oisture accumulation. Gen ally precipitaiton is to 4 years of alfalfa followed by corn, corn for silage, too low r beneficial use of fertiliz- . sugar beets, small grain, or beans. Generally, such charac- Stub a mulch farming, stripero ping, and minimum til- teristics as a high clay content or a rapidly permeable lage a needed to control wate erosion. Terracing al substratum slightly restrict some crops. may e needed to control water erosion. All methods of irrigation are suitable, but furrow ir- a potential native veget tion on this range si is rigation is -the most common. Proper irrigation water d inated by sand blueste , sand reedgrass, and blue management is essential. Barnyard manure and commer- ama: Needleandthread, witchgrass, sideoats rama, cial fertilizer are needed for top yields. and western wheatgrass are also prominent. P tential Windbreaks and environmental plantings are generally production ranges from ,200 pounds per acre i favora- suited to this soil. Soil blowing, the principal hazard in ble years to 1,800 you s in unfavorable years As range establishing trees and shrubs, can be controlled by cul- condition deteriorates the sand bluestem, san reedgrass, EXHIBIT "AA" 44 SOIL SURVEY to allow moisture accumulation. Generally p ecipitation is Permeability is rapid. Available water capacity is low. too low to make eneficial use of fertilizer. The effective rooting depth is 60 inches or more. Surface Stubble mule farming, striperopping, d minimum til- runoff is medium, and the erosion hazard is moderate. lage are need to control soil blowing d water erosion. The potential native vegetation is dominated by little Terracing als may be needed to contr water erosion. bluestem, sideoats grama, sand reedgrass, blue grama, The pot tial native vegetation is dominated by hairy grama, switchgrass, and needleandthread. Potential western w eatgrass and blue gram . Buffalograss is also production ranges from 700 pounds per acre in favorable present. otential production ran es from 1,000 pounds years to 200 pounds in unfavorable years. As range condi- per acr in favorable years to 6 pounds in unfavorable tion deteriorates, the tall and mid grasses decrease, blue years. As range condition dete ' rates, a blue grama-buf- grama and hairy grama increase, and forage production falo ass sod forms. Undesi le weeds and annuals i - drops. vad the site as range Condit' n becomes poorer. Management of vegetation should be based on taking anagement of vegetatio on this soil should be b sed half or less of the total annual production. Deferred graz- taking half and leaving all of the total annual p oduc- ing is practical in improving range condition. Seeding and ion. Range pitting can r uce runoff. Seeding is d sirable mechanical treatment are impractical. if the range is in poo condition. Western wh atgrass, Windbreaks and environmental plantings generally are blue grama, sideoat grama, buffalograss, ubescent not suited to these soils. Onsite investigation is needed to wheatgrass, and cres ed wheatgrass are suita e for seed- determine if plantings are feasible. ing. The grass sele ed should meet the sea nal require- Wildlife populations are limited because the necessary ments of livestoc . It can be seeded int a clean, firm habitat elements are lacking. Because most of the acreage sorghum stubble or it can be drilled into firm prepared is rangeland, only rangeland wildlife, for example scaled seedbed. Seedi early in spring has pro en most success- quail and antelope, are typical. Extreme care is needed in ful. managing livestock grazing in order to provide suitable Windbrea s and environmental pl tings of trees and habitat on these soils. Potential is poor for urban and recreational develop- shrubs co only grown in the ar a are generally well - ment. The chief limiting soil features are the loose, coarse suited t this soil. Cultivation o control competin vegetati n should be continued for as many years textured soil, steep slopes, and rapid permeability. Capa- bility subclass VIIs irrigated, VIIs nonirrigated; Gravel possib following planting. Tre s that are best suited nd Breaks range site. have ood survival are Rock Mountain juniper, e tern 69—Valent and, 0 to 3 perce t slopes. This is a dee red dar, ponderosa pine, Si erian elm, Russian-oli e, and excessively wined soil on plai at elevations of 4,650 h berry. The shrubs bes suited are skunkbus sumac, I' 5,100 feet. It formed in e 'an deposits. Include in ac, Siberian peashrub, a d American plum. mapping a small areas of oils that have lime wit in a Wildlife is an import t secondary use of th' soil. The depth of 0 inches. cropland areas provid favorable habitat for ing-necked Typi lly the surface ayer is brown sand out 8 pheasant and mourni g dove. Many nonga species can inche thick. The under ying material to a de h of 60 be attracted by est fishing areas for nes ng and escape inch is brown sand. cover. For pheasa ts, undisturbed nestin cover is essen- rmeability is r id. Available water apacity is tial and should e included in plans fo habitat develop- derate. The effe ive rooting depth is 0 inches or ment, especiall in areas of intensive griculture. Range- ore. Surface run ff is slow, and the er ion hazard is land wildlife, or example, the prong rn antelope, can be ow. attracted b developing livestoc watering facilities, This soil is suited to limited cr ping. Intensive managing 1' estock grazing, and re eeding where needed. cropping is ha ardous because of ero on. The cropping This so' has poor potential fo urban and recreatio 1 system shoul be limited to such clos grown crops as al- develop ent. Slow permeabili and high shrink s ell falfa, wbea and barley. The soil Iso is suited to ir- cause roblems in dwelling a road construction. pa- rigated pa ture. A suitable crop ng system is 3 to. 4 bility subclass IIIe irrigate , IVe nonirrigated; ayey years of lfaifa followed by 2 y ars of corn and sma Plai s range site. grain an alfalfa seeded with a rse crop. ._ 68=Ustic Ton-iorthents, moderately steep. These are Clos y spaced contour ditch or sprinkers can be ed deep, excessively drained soils on terrace breaks and in i ating close grown crop . Contour furrows or escarpments at elevations of 4,450 to 5,100 feet. They kler should be used for ne crops. Applications bar- formed in gravelly alluvium and have slopes of-9 to 25 ny rd manure and comme ial fertilizer help to aintain percent. Included in mapping are small areas of soils that g od production. have pockets of sandy loam and loam in the underlying the potential vege tion is dominated y sand material. bluestem, sand reed ss, switchgrass, side is grama, Typically the surface layer is pale brown gravelly sand needleandthread, littl bluestem, and blue ama. Poten- about 10 inches thick. The underlying material to a depth tial production ran es from 2,500 pound per acre in of 60 inches is pale brown gravelly sand. favorable years to- ,800 pounds in unfav able years. As r ^ r» oft + EXHIBIT "AA" 100 SOIL SURVEY TABLE 6.--BUILDING SITE DEVELOPMENT [Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry means soil was not rated) Soil name and i Shallow : Dwellings ; Dwellings Small I Local roads map symbol : excavations without : with commercial and streets basements basements buildings 1, 2 Severe: :Moderate: Moderate: :Moderate: ;Moderate: Altvan cutbanks cave. I shrink-swell. shrink-swell. : shrink-swell. I shrink-swell, : frost action. 1 j t; : quolls Severe: Severe: Severe: Severe: Severe: floods, floods, floods, floods, I floods, wetness. wetness. wetness. wetness. I wetness, : frost action. Aquents Severe: Severe: Severe: Severe: :Severe: floods, floods, floods, floods, ; floods, wetness. wetness. wetness. wetness. I wetness, : frost action. 4'. Aquolls Severe: Severe: Severe: Severe: Severe: floods, floods, floods, floods, floods, wetness, wetness. wetness. wetness. wetness, frost action. Aquepts Severe: Severe: Severe: Severe: Severe: floods, floods, floods, floods, floods, wetness. wetness. wetness. wetness. wetness, frost action. 5 Slight Moderate: Moderate: Moderate: Moderate: Ascalon low strength. low strength. low strength. frost action, low strength. 6, 7 Slight Moderate: Moderate: Moderate: Moderate: Ascalon low strength. low strength. slope, frost action, low strength. low strength. 8, 9 Slight Moderate: Moderate: Moderate: Moderate: Ascalon low strength. low strength. low strength. frost action, low strength. - y`. Severe: Severe: Severe: Severe: Severe: tankard cutbanks cave, floods. floods. floods. floods. fl nndc 11 , 12 Slight Slight Slight Slight Moderate: Bresser frost action. 13 Severe: Moderate: Moderate: Severe: Moderate: Cascajo cutbanks cave, slope. slope. slope. slope. small stones. 14, 15 Slight Slight Slight Slight Moderate: ateength. Colby 16, 17 Slight Slight Slight Moderate: Moderate: Colby slope. low strength. 18': Colby Slight Slight Slight Moderate: :Moderate: slope. low strength. Adena Slight Moderate: Moderate: Moderate: ;Moderate: low strength. low strength. low strength, ; low strength. slope. See footnote at end of table. r"'-n ra EXHIBIT "AA" 102 SOIL SURVEY TABLE 6.--BUILDING SITE DEVELOPMENT--Continued ' ' Small Local roads Soil name and Shallow i Dwellings 1 Dwellings ' commercial and streets map symbol excavations without with i basements basements buildings 44 Slight Slight Slight Slight Moderate: low strength. Olney 45` Slight Slight Slight Moderate: Moderate: slope. I low strength. Olney ' i Slight ;Moderate: 46, e7 Slight Slight Slight g low strength. Olney 48 Slight Slight Slight Moderate: Moderate:slope. low strength. Olney ; Slight Slight i Slight Slight. 49 Severe: g Osgood cutbanks cave.--i>"(54!? Slight Slight Slight i Slight Slight. I err n 52, 53 Slight Slight Slight Moderate: Slight. slope. Otero 54 Slight Severe: Severe: Severe: Moderate: floods. • floods. floods, low strength, Paoli frost action. Slight 1 Slight Slight (Moderate: 55 Slight low strength, Paoli ; frost action. 56 Moderate: Moderate: Moderate: Moderate: Severe: Renohill depth to rock, low strength, ; low strength, , low nk-swell, i low nk-swell, too clayey. shrink-swell. ; depth to rock, I shrink-swell. i shrink-swell. shrink-swell. 57 Moderate: Moderate: Moderate: Moderate: Severe: Renohill depth to rock, low nk-snell, i low strength, slope, low strength, too clayey. shrink-swell. r - - shrink-swell. shinkswell, shrinkswell. 58, 59 Severe: Severe: Severe: Severe: Severe: Shingle depth to rock. depth to rock. depth to rock. depth to rock. depth to rock. 60': Severe: Shingle Severe: Severe: Severe: Severe: depth to rock. depth to rock. depth to rock. depth to rock. depth to rock. Severe: Renohill Moderate: Moderate: Moderate: Moderate: low strength, depth to rock, low strength, low strength, slope, too clayey. shrink-swell. r - - shrink-swell. shinkswell, shrinkswell. Moderate: Severe: Moderate: 61 Moderate: Moderate: P de th to rock. Tassel depth to rock. depth to rock. depth to rock. slope. 62 Severe: Moderate: Severe: Moderate: Moderate: Terry depth to rock. depth to rock. depth to rock. depth to rock. depth to rock. 63 Severe: Moderate: Severe: Moderate: Moderate: Terry depth to rock. depth to rock. depth to rock. slope to rock, depth to rock. s64 Moderate: Moderate: Mdpthte: Moderate: Moderate: Thedalund depth to rock. low strength. depth to rock. low strength. low strength. 65 Moderate: Moderate: Moderate: Moderate: Moderate: Thedalund depth to rock. low strength. depth to rock. low strength, low strength. slope. See footnote at end of table. I r - J Z', L__� �• EXHIBIT "AA" WELD COUNTY, COLORADO, SOUTHERN PART 103 TABLE 6.--BUILDING SITE DEVELOPMENT--Continued I Soil name and i Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial and streets basements basements buildings 66, 67 Moderate: Severe: Severe: Severe: Severe: Ulm too clayey. shrink-swell. shrink-swell. shrink-swell. low ength, shrink-swell.r 68 • i Severe: Moderate: Moderate: Moderate: Moderate: �stic i small stones, slope. Slope. slope. slope. Torriorthents I cutbanks cave. r i 69 i Severe: :Slight Slight Slight Slight. Valent cutbanks cave. 70 Severe: :Slight Slight Moderate: Slight. Valent cutbanks cave. I slope. 71*: Valent Severe: :Slight Slight Moderate: Slight. cutbanks cave. slope. Loup Severe: :Severe: Severe: Severe: Severe: wetness, i wetness, wetness, wetness, wetness. cutbanks cave. ' floods. floods. floods. 72 Slight Slight Slight Slight Moderate: low strength. Vona 73, 741 Slight Slight Slight Moderate: Moderate: slope. low strength. Vona 75, 76 Slight Slight Slight Slight Moderate: low strength. Vona 77 Slight Slight Slight Moderate: Moderate: slope. low strength. Vona 78, 79 Slight Moderate: Moderate: Moderate: Moderate: Weld low strength, low strength, low strength, low strength, shrink-swell. shrink-swell. shrink-swell. shrink-swell, frost action. 80 Slight Moderate: Moderate: Moderate: Moderate: Weld low strength, low strength, low strength, ' low strength, shrink-swell. shrink-swell. slope, shrink-swell, shrink-swell. frost action. 81*, 82*: i Moderate: Wiley Slight---- Moderate: Moderate: Moderate: low strength, low strength, low strength, low strength, shrink-swell. shrink-swell. shrink-swell. shrink-swell. Colby Slight Slight Slight Slight Moderate: low strength. 83*: Wiley Slight Moderate: Moderate: Moderate: Moderate: low strength, low strength, low strength, low strength, shrink-swell. shrink-swell. slope, shrink-swell. shrink-swell. Colby Slight Slight Slight Moderate: Moderate: slope. low strength. * See map unit description for the composition and behavior of the..map unit. rr^r`'9 V i/:r I I •:IJ+.i Vat, 44'9'4+ S4.r t P V4t: q./.404 °L"i,4t. Y• ir+v .t,'`y11F ...b li ls.y,-'lat.:•kn} x I :a:, e ,L br n I41-4? u rtti "A xmf +&4k' " • t' A 1 « "''' .. • as A t DRC003s26 EXHIBIT EE { l B 1063 AEC 02003826 07/29/85 11119 $7.00 1/001 , '"fi" ) F 0967 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO + � � °x t, ♦, -x t" ' Y WARRANTY DEED 1' + Y`y ^„ 3 i V. '• ""�,Y' e KNOW ALL MEN BY THESE PRESENTS, that EDWARD C. LOLOFF AND rKY � ! L•x{( s. DONALD E. LOLOFF, Grantors, whose address is 145 3rd Street, Kersey, 4 avia Colorado 80644, for the consideration of Ten Dollars ($10.00) and 1)°"..11,4e010 ' r, a other valuable consideration, hereby sells and conveys to ED LOLOFF .; q, °. ro .oa4. CONSTRUCTION, INC., Grantee, whose address is 145 3rd Street, Kersey, a�„( ' ', $ r +� ' Colorado 80644, the following real property and County of Weld, State xi KW„ ` y ;rot of Colorado: 'er.4 " { Y - 1 tl .X �' The Southeast Quarter of the Northwest Quarter ..,`z 4X Yw ' +�•. (SEINWI) and the South Half of the Northeast ' °• . -a� � Quarter of the Northwest Quarter (SINEINWI) , j,.to 4,�n„r�; c°',,. of Section Four (4), Township Five (5) North, ` '• br r-]., t �• Range Sixty-five (65) West of the 6th P.M., .* Asr�x y "It pr� i ti ' r,r `L ' TOGETHER WITH all appurtenances, free and clear of liens and -Igfa a.}! , , ,,.; encumbrances, except easements and rights of way of record and subject 13A+ ryx. , to restrictions, reservations and covenants of record as follows:41 1fv1 tHv n,A. C' 4'' • Rights of way granted by instrument recorded in Book 1417, „L"..14'1•( +sll , , aaPs,t: page 541 o. the Weld County Records; to inclusion within ; Northern Colorado Water Conservancy District, the West • i ! - Greeley Soil Conservation District and the Western Hills ti 5•� Fire Protection District to roads, ditches, canals, .." 4.. , "„ ,m utilities, piplines, power, telephone or water lines and �' a3 ^ „ ' rights of way and easements therefore, however evidenced; 15 j4 .'a -"et. and 1985 real property taxes due and payable in 1986. ' ) ) s 4 k .yy p4 ' +4 i. Signed and delivered this 27th day of March, 1985. ,,I., 5M'�Y a i :. 4h Y x4b1V : s > '400 v e t�a 4 ap Fa 6/,.,...e `/J42-11 7 i'. ,t,„ ) ' y • Edward C. Loloff 4 t. F 4 >L4i ei, r •(4,„ .i >. L ' a[1 . si t t YftN 4t/ � ///..// ///��/ xy l• / 7/ :.","-f44? AI }j It J A r" 1)-,7,7 �l/6-lL-t(G(Y ( \t.r4) /.\. 4 `ziaq h t a'b,.3" Donald E. Loloff en*It ""i:t 4, aA.'. • ‘411( d °' Co ,s'. i . yt STATE OF COLORADO ) <+r, .•' ,� t vn•f{ ,woc ) se. >Y•�a`-�i P ii�r ,q; yA;,¢ COUNTY OF -WELD ) i 4 „r y DJ 44°E +• The foregoing instrument was acknowledged before me this 27th day x :y4Y ''}7a"y "u ) • I cca -St. of March, 1985, by Edward C. Loloff and Donald E. Loloff.. „ • r➢441 S4. 4', t ` t, r�. WITNESS my hand and official seal. ��'{"�'.�`:Vr,kIiw ! ft-, A(' + , My Comn9ckn F•plres 1. '''' G 1:v ;,µ., , ,? . My commission expires on: N,;rch ZI 19NR • ►" 44 i s 14 A- . is 6 2 1 • J Notary Public �{ + * ( '7 '� a 4•��"• 3 A a (J •1 .y. k •'9 f Alp, { k•pr t,,k Y 4.r. Y ! 11,• q ;g THIS WARRANTY DEED IS EXECUTED FOR TITLE CORRECTION PURPOSES. f}if: y�, 'ag+ 1 it AT� �; : ' • k g^ 4 y ° 7l. 7.4 4)Y�' " tpy 4-S r.' e 44 v ✓ [VW,' '+ 4 .: '° v. y F Y �r ` •.s . Ate. t.: • ,)„4t, /• + 1 N 3 ` f �Si Q ,4 q i' , P i 41 3 v y ,, : i i 1kk.,, , '•} ' @41'17, R. t•� hu A ° t n1:4„,'4_4444? : t„ '(r„ J q i 1• •J ,.: N r ti �'A4 tt• 4.r : $'.•- 1 4: , iwYx - ° ' / i^e.n A ' t, ^i ♦ :•i ' t„v` 34 1;lip A A t tr i t l • .e 1.,t,' i ,. �'x•1 ) e{ " ..; •+x x "�P yi �� q i N "�� .�y., s A,4. ! ) ''i`41t+°i„'t ty �' Vii, if 5+ osIt it i} I 4 { ' tNJr At, p r Le e x ,1�, 'd a7> .g " ly. ^3� ri c�,, `1 L.' c) �Y- Si L"� E35.wtuF v`. a 1.3,-#: -,-.14.k,x "1 L' a �' :t q T 4."),-,4.4, +�y. j t,6 a ',lip . $ -6 r ..L`, i7AA 41. byj!.1". .:- '. .•t�_xaal..�tiw " 1.., W..✓-'. yl,t 'K, X EXHIBI' EE_ ,1i't 1 r _{. AR2D`17d64 r 11 ill. 1154 REC 02697284 04/27/87 16,14 $3.00 001 `y��p6 ' "' } ff k' 1724 MARY ANN FEOERSTEIN CLERK 6 RECORDER WELD CC, CO "a t� L • ,4,.: y any -4` CORRECTION WARRANTY DEED ""} fif2� iTia l:. " - 1 r" KNOW ALL MEN BY THESE PRESINTS, That Edward C. Loloff and Donald E. Loloff, ' ;.s + 4, Grantors, whose legal or street address is 145 Third Street, City or Town of • * Kersey, Weld County, Colorado, for the consideration of Ten Dollars ($10.00), in TX "+' ! -r �, hand paid, hereby sells and conveys to Ed Loloff Construction, Inc., Grantee, whose legal or street address is 145 Third Street, City or Town of Kersey, Weld p,1 + �.�,4usE'.t County, Colorado, the following real property in Weld County, Colorado, to wit: �3ur{ I T M }t The Southeast Quarter of the Northwest Quarter and the South Half of 'tie Northeast Quarter of the Northwest Quarter of t `T` "' 1 Section 4, Township 5 North, Range 65 West of the 6th P.M. tx 6, "T r �' together with all its appurtenances w g and warrant [he ttt'.e to the same, sub,lect, " k41"st . A, however, to the following: r> l 1. Right-of-Way granted by instrument recorded in Book 1417, Page 541 of i✓q >v the Weld County records. v ',; 2. Inclusion within the Northern Colorado Water Conservancy District, the s y West Greeley Soil Conservation Districtand the Western Hills Fire ��ta p Protection District to roads, ditches, canals, utilities, pipelines, �'F4t ?2� l t power, telephone or watt, lines and rights-of-way and easements there- '�jja ttyyr for, however evidenced. � ir' 4.39$F i tv}.r 3. 1984 real property taxes due and-payable in 1985. 9 �ri�r< r l . • . , -Dated effective this 28th-day of December, 1984. "� } # rlV kti.R a,"V1� ,,F r iv /., ' . / l7 ,Sy R`Lcsk t^t'+1..' r } + r, Edward C. Loloff fAri 7,,. +5',Is • w' y f 1;'' ' rt , s, 4 D'oda -E-Ca !* r< L e eve; 4 c.. 'k ` $ s 0-6, STATE OF COLORADO ) s,�.r ` `Y COUNTY OF WELD ) ° ,k F • The foregoing instrument was acknowledged before me tnisoj7�day of7nv, ws `< 19� by Edward L. Loloff and Donald E. LoTot:f. �s.'!�i , i• y � , :. 71 s WITNESS my hand and official seal, t L Ya,.fit 'l r ' ,iii,*': to Nu AWY R + . y Cumoission expires: 1—/-420 . •o .f'th /; ` l`. l i s,',-A 4a4 s.�t .4F,4 .+ s. a . , 04 + R , .- i, : II*;" t,'7/1 « III ,ktyF si�' ,iviV t( 1 �wF"rA 41 i ii.+n`. 2F' j Pe iQ •if N�1NSF r , Yr5F �3A.bLy p'1 �, k!1 ≤ l'` I t Zt �l UVI+.. 4' •,;.-1....`k•. ', 1 . �t•L wt+#p �+� le11'��i i 4""lrs �) �, ',L'�1 kL{!' t+}"y � r "` i N'd1 itflibzik i.d40-0.4$.4 .. � l EiS`1 '3a!K "rs" x. Lr 'tb �''��;v r4 '* ,' �. S' ^ *r'S� � a °f *414,s •r f b I) �N � n h[�, y r,,4,A.if n P n-4,* fl , '� $R'b fY �P , Ir`;� W, • + 2:f *, rt i a,y.1:"40.1,.44;' ,T ''�,ik t i''4ta4 1 ?;e' L .1 N' 1, f1. + / ryy n. a!!!•'-n 114. ,.� ; 3 !J Y}`fi.'k•7•44$' ,,..,s� yryy, I '',j1t� », +. }.N' w S.'Y '6' R.. * ` J n 11 I 41 MJ ti- ] {Y Ae.:.� • �' 4 ♦ 44" 2. 1 v{{ J a $ JY, ,1 c * y's- f rfl t•`I .1T 2 }7a ., q ' 1 $,;' rt ^t ? t4 ,✓ e t �Qi r .�p A� l``ib ( .i3 i, h # , ,,,,,,c ,4i.F,. �(' ! • � . t j.�„v+,a 'I+gip. a '�� Er y� � ' w n� L` F l'k I e� ' '444 FY ),...1)* 4..j'A. t...4.4 ;I le .it. 1 , s."d' Pc., a.}ht�a k• ,4 illi 1 `el.4^rtrt, tr+ ' IITEE v t B 1271 REC 02221454 07/30/90 10:27 >5.00 1/001 , t 4 . t R F 0126 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO t1.. i'ti- I;.' k;: AR2221tl54 , - - - - - - + z ,,i"9A yl ; p- 4.2., ii STATE OF COLORADO 1.; r DEPARTMENT 0F � .�, '.. vr STATEAlit 1` -S I CER I IFICATE ` s ' R`-; ,. *� e� I. NATALIE MEYER, Secretary of State of the State of 1. h°`ile, � `," r' s'. , as '* Colorado hereby certify that the prerequisites for the , ,-.₹44 ,. Issuance of this certificate have been fulfilled in oompli- 41 r r ✓vet 1*h rice with law and are found to conform to law. `,; -.,.-+1 ,�`'`, Accordingly, the undersigned, by virtue of the authority '• <e.4r. 3 S y vested in me by law, hereby issues A CERTIFICATE OF MERGER 'n •.•b,e . Y I. y?'.. rr .1 t' 7 EVIDENCING THE MERGER OF DOM LOLOPP CONSTRUCTION, INC. !`,Gtvi?t'LI a �- (COLORADO CORPORATION) INTO SD LOLOPP CONSTRUCTION, INC. Ytr ,`' ' J ?! (COLORADO CORPORATION), THE SURVIVOR, CHANGING ITS NAME TO � .z+`!" Lq �- LOLOFF CONSTRUCTION, INC. EFFECTIVE APRIL 4, 199O. N' ' • e ,. ;, ' i 41.Y l' rrR eise 1♦ ) 1 fi ;9 Dated: APRIL 4, I890 1A' { X s�141 rs -:* I ° L. a.ittt . I n 1 nr.t...)><i z� SECRETARY OP S7A I 1ii�nibt• 44, . II ,4. Hy ✓,I 'I. .T. < C I.-.4. ,,q ,. tr. iljc;r 4, ,.Filr 4 t" I'I ; i ti. , k. . 7.' ' a fit AfF tf l+j '' SY6 r,♦r..m .et1-. Y7.^"..,51..4+. ,�ti,. .. J ? /J - ,i, `pq � �.��r�,�,y�r> , ,VOe'TL) ! .. f r ,. iv' . , 3 e I r r' . -1 6+C ii, P � tr. y ^4,t, ...4.it, ' �-:14.41:1: 4 .7 * .71 . h1� -^7- `qi(F } ��.lilt F+P•.., H i -tip :n,t! { Fv'i !Iv-40,4. S i t *v:r i41 ' i��.. t., -- .. 1 n "` 4 1 ' f{ �' M S aSR 'F '"-edit '� p4. Y 'bq i -,74 1 t , ;v ,4 tr to ,r 3, 1' r''"S l ; . irk J_ �..4),,s Y/;qv-Vi f °. ,k41•:•••11e$ r, r a V 'v' '\-4 ! ` . e r 41, 4 Sri h r 11, q 3t � ,•0 e. r 7 "�d � r tr 4 ti."4411t. r , 'L.:,,•; .: at ,:1,4,y,•.%,„•,••, 1gr �F i h^•Adp�,y Sh ,2rGA' + f, •.�' „f1 „e+i'rtw t �� Ci, Yf'N"'lll>„L.` 1 ,.�t r1 i L ` . ,fyy A4 4 '7? ,Y 4...r. ..;;,4, •J ,.:iit/3r 4t r f� ''''z'Mt « '.. . V.I.I. Y Y it"iS RT .r. el"• r. , 'kci., ,.,.._ 4,, 4, ,. , > ..! s�.l .. , .,.. 4,Jr.. MINED LAND WILDLIFE QUESTIONAIRE for limited impact and select regular mine applications 1. Name of Company/Mine: Ed Loloff Const. . Inc. 2. Name/Address/Phone of Contact Person: Tom Caldwell , Nelson Engineers , Greeley National Plaza, 822 Seventh Street, Suite 520, Greeley, Colorado 80631 , 356-6362 3. Location of Mine: See Exhibit A - Plan Sheet 1 (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl.) 4. Nearest Town/General .Location: 1 .5 miles east of Greeley 5. Land Ownership (Circle) 1. (Private) 2. BLM 3. USFS 4. Other 6. :reseal Land Use: Vacant - unused 7. Proposed Final Land Use: Sand/gravel open pit mine 8. Type of Operation: 1. (Surface) 2. Underground 9. Minerals being mined: Sand 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) : 55 - Acres 11. Miles of roads to be constructed: Approximately 200' within property 12. Life of Mine (years) : Approximately 44 years 13. Description of Operation and Reclamation -- Additional sheets may be attached (Exhibits B & E-MLR) See attachments 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C.) This will expedite processing. Your cooperation is appreciated. 15, Prepared by:X %��7 Date: J`/Zf/Pj6- `'• - � 7-0/1 09LPGc) %L 1 c MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised) for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: Ed Loloff Construction, Inc. Sand & Gravel - SE'NW%, S1/2NE1/4NW%, Sec. 4 T5N, R65W, Weld County Name/Type and Location of Mine (Legal) Wildlife Species list: Deer, pheasant, dove, coyote, fox, skunk, opossum, raptors, weasel, rabbits (2 species) numerous small rodents and seasonal songbirds. Endangered/critical species/impacted: No known threatened or endangered species. Critical habitats/vegetative communities impacted: N/A Assessment of impact: Minor - Cultivated farmland Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . This will apparently be developed as an aquatic ecosystem, however, no mention is made as to plant material to be used. Perhaps 30 or 40 years presents some uncertainties, but plans should include reseeding the dry sites to native grasses, shrubs and trees. li Prepared By: Don Bogart v Date: 5/31/85 Submitted By: Date: This statement is void if not processed within 1 year. err? 3 This analysis does not constitute approval of application. Paoe 7 of 7 . EXHIBIT "GG" F STATE OF COLORADO �CCCC-� � Roy Romer, Governor ie / DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION ar_ DAVID C. SHELTON, Director •`, \/ MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL Permit Number: 14-85-112 Type of Permit: 112 Permit Date: February 04, 1987 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. Ed Loloff Const Inc (the "Operator") desires to conduct a mining operation known as ED LOLOFF CONST INC, for the purpose of extracting Sand And Gravel B. On December 18, 1986, the Mined Land Reclamation Board (the "Board") approved the Operator's application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the Mined Land Reclamation Division (the "Division") of performance warranty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. On December 18, 1986, the Board made the following findings: 1 . The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. , as amended, and with all applicable local , state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Operator; and 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 EXHIBIT "GG" -2- 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Act. oard:D. The Oduringrandhas after itshundergroundfmin�g and/or ry to the surface 1 ) that it will employ, operations, procedures designed to minimize environmental disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. E. A copy of the Operator' s application, as amended and supplemented, has been approved by the Board and is, by this reference, incorporated herein.e at all F. The t Mined Land Rlycwithtall appin iicableses the Federal , StateeandhCounty mining operators must comply statutes, including State water law. GRANTS, CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and ionnd prperformancemises e in the permit application, as amended and supplemented, to warranty, hereby issues a life of the mine p it torthenOperator,lying engage in the operations described in the application County of , State of Colorado• Thela and are referredtonds are describ in theepe as the application, as amended and supplemented, "Affected Lands". This permit is issued subject to the following conditions and agreements: 1 ) The Operator will be bound by all applicable requirements of the Act, and all applicable rules and regulations of the Board, as amended from time to time, the terms of the permit application, the terms of performance warranty, and the terms of the financial warranty filed with the Division. 2) The Operator will file with the Division its annual report and fees on each anniversary date of this permit. 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Operator or monitoring by the Division indicate that the operation will and regulations o bable comply with thrd, the requirements of the Act and applicable rules forts, after ing with the Operator hereby agrees tp exercise best suchfdeficiencies innthetfuture. may Division, to modify the plans to correct Such modifications require technical revisions or amendments to the permit. rrl r"Aii r'ntra � EXHIBIT "GG" -3- 4) The Board, or its authorized representative may enter upon the lands of the operator at all reasonable times for the purpose of inspection to determine whether the provisions of the Act have been complied with pursuant to C.R.S. 34-32-121 . 5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations promulgated by the Board. 6) a) Pursuant to 34-32-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation. b) The Board will enter the lands to perform reclamation only if the Board has determined: i. that reclamation required by law to have been performed upon such lands has not been performed, and ii. that financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated. 7) The additional conditions set forth in the attached rider, if any, are incorporated herein by reference. / / a) Rider is attached. /XX/ b) No rider is attached. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES l-' DAVID C. SHELTON Director r��a Hello