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RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1046 FOR AN OPEN PIT SAND AND GRAVEL MINE, INCLUDING CONCRETE AND ASPHALT PLANTS - COOLEY GRAVEL COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 15th day of June, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Cooley Gravel Company, 3609 South Wadsworth Boulevard, Suite 300, Lakewood, Colorado 80235, for a Site Specific Development Plan and Special Review Permit #1046 for an open pit sand and gravel mine, including concrete and asphalt plants, on the following described real estate, to-wit: SEa SW,' of Section 9, part of the NW,' of Section 16, and part of the Et NE; of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Vern Nelson, Nelson Engineers; and Bill Timmons, Vice President/General Manager, Rob Laird, Engineer, both of Cooley Gravel Company; and Bill Lohr, Vice President/General Manager for Bituminous Roadways, 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, 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: jf �� 7)"/ , CVLYi' tic/se„N 940568 PkO7o/ _tO( I SPECIAL REVIEW PERMIT 111046 - COOLEY GRAVEL COMPANY PAGE 2 a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources Goals and Policies and Transportation Goals and Policies. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. A portion of the site received approval by the Board of County Commissioners for the excavation of gravel in May 1983. The use has not been developed to date. c. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. Surrounding land uses include gravel mining, agricultural production, oil and gas production, and rural residences. d. The subject site is in a Flood Hazard Overlay District area. Use by Special Review Development Standards address this issue. 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 of Cooley Gravel Company for a Site Specific Development Plan and Special Review Permit 111046 for an open pit sand and gravel mine, including concrete and asphalt plants, 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. Prior to the Special Review Permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: 940568 SPECIAL REVIEW PERMIT #1046 - COOLEY GRAVEL COMPANY PAGE 3 a. All permits required by the Army Corps of Engineers have been obtained. b. All permits required by the Mountain View Fire Protection District have been obtained. c. A Flood Hazard Development Permit has been obtained by the applicant for the 213.6-acre site. d. A dust abatement plan has been approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the dust control plan as required by the Health Department. e. A stormwater discharge permit has been obtained from the Colorado Department of Health, Water Quality Control Division, if applicable. f. The use of this property as a sand and gravel mine shall not cause injury to vested or conditional water rights. If the use may result in injury to vested or conditional water rights, prior to excavation, the operator shall either present an agreement with a water conservancy district or water user group which encompasses the location of the use within its boundaries, a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and conditional water rights. g. A NPDES Permit has been obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State waterways. 3. Prior to recording the Special Review plat: a. The following note shall be placed on the plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. b. An accurate legal description shall be shown on the plat. c. The applicant shall enter into a long-term Road Maintenance and Improvements Agreement with Weld County. 940568 SPECIAL REVIEW PERMIT #1046 - COOLEY GRAVEL COMPANY PAGE 4 d. The plat shall be amended to show a 100-foot setback from the proposed reclamation slopes to the center-line of Weld County Road 20.5 on Exhibit F (Reclamation Plan Map) . e. The applicant shall submit a letter requesting the vacation of Special Use Permit #259 from the Board of County Commissioners by separate resolution. f. The plat shall be amended to show the relocation of the batch plants to the center of the NW'y of Section 16, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and the crusher to a point no closer than 500 feet west of the north/south center line of Section 16, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, as generally described in Exhibit E. 4. Prior to dewatering the site or exposing groundwater, evidence shall be submitted to the Department of Planning Services specifically stating that the State Division of Water Resources has approved a well permit and water augmentation plan for the mining operation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Lijailleueln WELD COUNTY, COLORADO Weld County Clerk to the Board /22 2-11 W. Webs"ter, Cha'rman BY: k � 1Ji -) Deputy erk to the Board Dale t, Hall, Pro- em APPROVED AS TO FORM: -/�� C '��j�;t`t or/Ge z_T e �?". Baxter y unty Atto ne Constance L. Harbert �� % / � t_ arbara J. Kirkmey r 940568 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS COOLEY GRAVEL COMPANY USA #1046 1. The Site Specific Development Plan and Special Review Permit is for an open pit sand and gravel mine, including concrete and asphalt plants, in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The open-cut gravel operation shall comply with Sections 44.4, 44.5, and 44.6 of the Weld County Zoning Ordinance. 4. Hours of operation shall be limited to daylight hours only, or not to exceed 6:30 a.m. to 6:00 p.m. , six days a week, Monday through Saturday. Routine maintenance of equipment shall be allowed between the hours of 6:30 a.m. to 12:00 a.m. , Monday through Saturday. 5. The applicant shall comply with the Road Maintenance and Improvements Agreement approved by Weld County for this sand and gravel operation. 6. The property shall be maintained in compliance with the requirements of the Weld County Flood Hazard Overlay District requirements, including: a. No fill, berms or stockpiles shall be placed in the one-hundred (100) year flood plain of Idaho Creek which would obstruct passage of flood flows, and b. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. The site shall be reclaimed in accordance with Longmont Soil Conservation Service recommendations, as stated in correspondence dated March 28, 1994. 8. Tanks for flammable or combustible liquid storage or dispensing, either temporary or permanent, shall be installed in accordance with the requirements of the Uniform Fire Code. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 940568 DEVELOPMENT STANDARDS - COOLEY GRAVEL COMPANY PAGE 2 10. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health, for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. 11. No permanent disposal of wastes shall be permitted at this site. 12. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13. Fugitive dust shall be controlled on this site. 14. The applicant shall comply with the dust abatement plan approved by the Weld County Health Department. 15. 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. 16. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 17. An adequate and safe water supply shall be provided on site for employees. 18. Adequate toilet facilities shall be provided on site for employees. 19. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 940568 DEVELOPMENT STANDARDS - COOLEY GRAVEL COMPANY PAGE 3 24. 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. 26. 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. 940568 HEARING CERTIFICATION DOCKET NO. 94-46 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OPEN PIT SAND AND GRAVEL MINE, INCLUDING CONCRETE AND ASPHALT PLANTS - COOLEY GRAVEL COMPANY A public hearing was conducted on June 15, 1994, at 10:00 a.m. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated May 25, 1994, and duly published June 2, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Cooley Gravel Company for a Site Specific Development Plan and Special Review Permit for an open pit sand and gravel mine, including concrete and asphalt plants. Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Vern Nelson, Nelson Engineers, represented the applicant and introduced other representatives present from Cooley Gravel Company. He gave a brief background of the company's business and stated this is its first operation in Weld County. Mr. Nelson stated the Planning Commission's recommendation is acceptable, and an application has been submitted to the Colorado Division of Minerals and Geology which is set for a hearing on July 12, 1994. He stated the company will comply with the Special Review Permit and all Conditions of Approval and Development Standards as recommended by staff. Mr. Nelson explained the road improvements agreement is in process, and there have been no objections. He stated an agreeable arrangement has been reached with Jeff Stoll, Health Department, concerning the toilet facilities, and they are prepared to record the plat. In response to questions from the Board, Mr. Nelson indicated the road maintenance agreement has been indirectly resolved to handle the poor road conditions, and actual agreements were made for road improvements at a meeting with other surrounding mining operations. Bill Timmons, Vice President/General Manager for Cooley Gravel Company, also gave a brief background of Cooley Gravel, which has been in operation since the 1950's. He stated they currently have five operations in the Denver area and a very reputable history in the mining business for which they have received numerous awards. The company would like to expand its operations because of the need for material. Mr. Timmons also stated the company mines in a very environmentally conscious manner and will comply with all requirements, as well as being a good neighbor. Rob Laird, Engineer for Cooley Gravel Company, explained the reclamation plan includes a water storage reservoir to sell to a surrounding entity or an open lake. He also explained they had water rights leased from Longmont for augmentation plans, with which he is very familiar. Mr. Laird stated Cooley owns only the lake and the setback areas, and the storage will be maximized by sloping and seeding in accordance with the Mined Land Reclamation plan. In response to further questions from the Board. Mr. Laird stated the hatching area could be moved to the center of the property; however, they would prefer the batching area be located on the highest ground and out of 940568 2 ,1 / > RE: HEARING CERTIFICATION - COOLEY GRAVEL COMPANY PAGE 2 the floodway. He confirmed there would be no dewatering materials going into the creek and stated they are members of the ditch company; therefore, they will not let anything happen to the ditch. Sharon Hopper, Ted Cox, William Engelhard, Bob Duckworth, and Janine Cox, all surrounding property owners, spoke in opposition to the proposal and voiced numerous complaints about the existing mining operations, the poor condition of the roads, dust, odor, air and water pollution, noise, augmentation and setback requirements, and the location of the proposed batch plant. The Board and staff members answered various questions for the surrounding property owners. Don Carroll, Public Works Department, stated it was agreed at the meeting of the operators to overlay 3000 feet on Weld County Road 20.5 west of Rinn, and to possibly overlay 2000 feet south of Rinn on Weld County Road 7. At the request of the Board, Mr. Carroll identified the roads which are paved and those the gravel companies use. He stated C & M and Western Mobile Companies are located in the area, as well as the Schell Pit, Twin Peaks, and Barbour Ponds, which all use Road 20.5. After further discussion concerning the haul routes and entrances, Mr. Carroll stated C & M, Western Mobile, and Cooley are negotiating the overlay. He stated Dean Dreher, also of the Public Works Department, attended the meeting with the companies which all use the same quadrant of roads and their agreements were all similar. He stated the plan is to overlay and patch all the roads within three years. Commissioner Harbert voiced concern about the lack of care in maintaining the roads. Mr. Nelson introduced Bill Lohr, Vice President/General Manager for Bituminous Roadways which is a sister company to Cooley, and indicated he had also attended the meeting. Mr. Lohr mentioned the various problems with the road and it was decided overlaying and patching would be the quickest and easiest method of repair without completely reconstructing the road. Mr. Lohr stated most of the road is reasonably stable and the roughest portion will be repaired with a two-inch overlay. After discussion, Mr. Carroll said the roads may have been tested, and Mr. Dreher indicated it may take a 2i- to 3-inch overlay. Mr. Lohr stated they would be willing to do whatever is required. Concerning air pollution, Mr. Lohr referenced EPA mandate controlled by the Colorado Department of Health and stated all asphalt plants are required to obtain permits. He explained there will be a baghouse and the operation will comply with EPA regulations and stack testing, which is monitored and checked by the Health Department monthly for particulates and emissions. Mr. Lohr stated they have not had a problem with odors and the plants today are very sophisticated. Responding to further questions from the Board, Mr. Laird stated Phase I would be 3.6 years, Phase II would be 5.9 years, Phase III would be 2.5 years, and Phase IV would be 1.4 years, for a total of 13 or 14 years, depending on the market. Concerning the discharge pump, Mr. Laird stated they own property which abuts the creek, and a NPDES Permit is required through the Colorado Health Department, with water quality being monitored one to two times per month. He further explained they have all the water needed for augmentation purposes and are required to submit a yearly report to the State Engineer. Mr. Laird said the company owns many water rights, and they will lease more if necessary. He stated penalties are very steep and they will not cross the State Engineer. He said there would be some maintenance lights on until 10:30 p.m. or 12:00 a.m. for repair work; however, they would be shielded and casted down. Maintenance hours would not include operational or extreme noise, only electrical and welding for repairs. He noted there was a clear distinction between operating and maintenance hours and reiterated the Development Standards would be adhered to. Concerning the ability to move the batch plant, Mr. Laird stated there would be less truck traffic movement if the plant were closer to the access road from Road 20.5, and it would also avoid having to move the plant again to finish mining. In reference to concerns about setback requirements, Mr. Laird said setbacks have been addressed with the State Mined Land Reclamation Division and explained the slopes and depth of the lake. He stated they are also dealing with the Corps of Engineers regarding the wetlands which will be defined and replaced. He further 940568 RE: HEARING CERTIFICATION - COOLEY GRAVEL COMPANY PAGE 3 explained the proposed mining design for sealed storage from outside water. In response to further questions from the Board and in reference to Development Standard #5 and Condition of Approval #3c, Mr. Carroll stated the road agreement should be finalized within two weeks, and it would require Board approval and be in effect as long as the pits are operating. He reiterated the roads are to be back in good shape within three years. Mr. Nelson reiterated that they are in agreement with all Conditions of Approval and Development Standards. Commissioner Hall suggested finalization of the location of the plant be made, even if the plant had to be moved one more time to complete the mining. Mr. Nelson stated various locations were evaluated for the plants and mining operations, and the locations designated on the application were the most optimal. Commissioner Kirkmeyer stated the locations chosen were the most optimal for Cooley, but maybe not for the neighbors, and she suggested moving the plant to the north or to the center. Mr. Nelson said the neighbors would still be affected; however, they would consider negotiating the location. Commissioner Harbert noted the homes were established prior to the mining operations. Mr. Morrison reminded the Board that it is not in a position to negotiate the location; however, if the applicant desires to change the application, that would be acceptable. But, if not, the Board needs to vote on the application as it is. Mr. Nelson stated the company is willing to move the plant to the middle of the property. He said the batch plant would be about 1000 feet off the roadway and the east boundary, in the center of the quarter section. Mr. Morrison suggested adding Condition of Approval #3f concerning the relocation of the plant to the center of the quarter section. Ms. Dunn confirmed the relocation would not affect the Development Standards; however, the plat would need to be altered, reviewed by staff, and signed by the Board prior to recording. Mr. Nelson noted that the batch plants seemed to be the points of concern and stated the gravel and crushing operation would remain closer to Road 20.5. At the suggestion of Commissioner Kirkmeyer, Mr. Nelson revised the plat map indicating an approximate drawing of the locations. Mr. Morrison noted that said map would be Exhibit E for the record. Mr. Nelson clarified for the record that the applicant is willing to move the asphalt and concrete batch plants to the approximate center of the quarter section, to move the gravel operation to the southeast corner of the property, and to use the same entrance for all operations. Ms. Dunn requested the vacation of SUP #259 which was granted for a previous sand and gravel operation on the subject property but was never developed. She stated there is a letter dated May 16, 1994, from Mr. Laird requesting said vacation. Commissioner Baxter moved to vacate SUP #259. After discussion, Commissioner Baxter withdrew his motion until after a decision is made concerning the subject Permit. Commissioner Hall noted that Condition of Approval #3e requires the vacation of SUP #259. At the request of Commissioner Harbert, Mr. Morrison explained the statutory provisions concerning mineral resource areas and noted they act to discourage other land uses on sites with commercial mineral deposits. Commissioner Harbert stated she is still not satisfied with the location of the crushing and gravel operation. Commissioner Hall also stated concerns about noise and suggested all activity be located in the center of the property. Mr. Morrison reiterated the Board must act on the application as presented and judge it according to the criteria of the Zoning Ordinance. In response to a question from Commissioner Harbert, Trevor Jiricek, Health Department representative, explained the loudness of 80 decibels is equivalent to one standing on the side of a highway with passing cars and having to scream to be heard. He noted, however, the sound could not be louder than 80 decibels at the property line and that is a standard industrial level. Commissioner Baxter stated some combines are at a level of 115 decibels, and it was unknown what level of noise a rock crusher creates. Mr. Nelson stated the operation will be in compliance with noise standards, and the crusher will be 500 feet from the corner, which is a substantial distance for relieving noise. Commissioner Kirkmeyer confirmed the crusher would 940568 RE: HEARING CERTIFICATION - COOLEY GRAVEL COMPANY PAGE 4 be 500 feet inside the property line. Commissioner Hall moved to approve the request of Cooley Gravel Company for a Site Specific Development Plan and Special Review Permit for an open pit sand and gravel mine, including concrete and asphalt plants, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record and the addition of Condition of Approval #3f. The motion was seconded by Commissioner Kirkmeyer, who noted that she is the Road and Bridge Coordinator and will be involved with the road maintenance and improvements agreement for all three operations in the area. She also stated the two-inch mat will be looked into and the County Attorney will be involved. The motion then carried unanimously. This Certification was approved on the 20th day of June, 1994. �� APPROVED: ATTEST: /04 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO Weld County Clerk to the Board By: tpu t t-i Thi W. . Webste , Ch 'rman Deputy gRerk to the Board Da e . Hall, Pro-Tem TAPE #94-27 ([ eorge Baxter DOCKET 1194-46 Constance L. Harbert PL0801 f Barbara J. Kirkmey � �l�L 940568 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 15th DAY OF June 1994: DOCKET 0 94-45 - USR 01045 for Griffin-Holder Co. DOCKET 0 94-46 - USR 01046 for Cooley Gravel Company DOCKET 0 DOCKET 0 PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed above) or the name of the applicant of the hearing you are attending. N E ADDRESS 49a? �// G//r HEARING AR� ATTENDIN 117/1 //�/ L ,7I �� (" 3s S ./ e I. 1t (6 � q v � � N ice.,. k, tuc In -r- ,c'rJJl ,, 'r)5'Morv'`q 4u it&� pp Cc-t----L �C L-,r--.jc7_ Li, iAnalt- (609 fly W A 14 4 g1-z- 0S/-�.a r'e e C. �.e .. �, ,% 4/3 a2 4&tL i/7 / 80.1.,34 , , l'/`' 55 501 of Mini* : h/2- LIWTA , e Nb 9)4 2120 Octc-- tv cl k L.�n , d ,,-t- '9(4, lJ �� 0 �'�� we v 1� oyz 9 n I-F 7 (769)cm /767 o e 2.0$ /or/7,,,t 1/477 9f—Z/ .II-Ai/NI x- l7!0/7 ulMt 7h /4 . km,cdk.md Lb 91'4 7atini A trec 3 bs-b toekd a 0 a L 0-it 9/71 0-7-il (21, - 8 940569 AFFIDAVIT OF PUBLICATION STATE OF COLORADO Nals SS COUNTY OF WELD The Casa of County Commissioners of Weld County, Colorado. on June I, ROGER A. LIPKER, of said County of Weld, being duly 15, 1994, conditionally approved a Site Specific sworn,say that I am publisher of • Development Plan and Special Review Permit for WINDSOR BEACON the property and purpose described below. Conditional approval of this a weekly newspaper having a general circulation in said plan creates a vested proper- ly right pursuant to Article ee County and State, published in the town of WINDSOR, in of Title 24, C.R.S., as said County and State; and that the notice, of which the amendeyea, for a period of three years. annexed is a true copy, has been published in said weekly APPLICANBCooley Gravel for / successive weeks, that the notice was Cry published in the regular and entire issue of every number of wee South Wadsworth thepaper during theperiod and time of publication, and in wee Suite hop Linwood,Colorado 80235 the newspaper proper and not in a supplement, and that LEGAL DESCRIPTION: the first publication of said notice was in said paper bearing SEIM SW1/4 of Section m, the dap of the Pen el the Nwi/e of Section l '?-jA4a of wz A.D., 1991 and the 15, and part of the E1/2 y NE114 of.Section 17,a si last publicatio aring the date of the Winn*2 North,Range a _day of A.D., 19 and that west of the nth P.M.,sYmk Grimly,Colorado the said WINDSOR BEACON has been published TYPE AND INTENSITY I continuously and uninterruptedly for the period of 5 M I OF APPROVED USE: consecutive weeks, in said County and State, prior to the openmint pnc sand i and fe and date of first publication of said notice, and the same is a rant,spit sing concrete p end asphalt plants newspaper within the meaning of an Act to regulate printing • ERE OF PARCEL:213.m of legal notices and advertisements, approved May 18, Wet more or less 1931,, and ddfall prior acts so far as in force. Fain to abide by the teems /r/✓ lY, _ and conditions of approval d ` neyeutt Ina forfeiture dim NOW property ngl. I ISHER BOARD OF COUNTY COM- MISSIONERS Subs ibed d sworn to before me this o2 day of WEL D COUNTY, COL- ORADO BY: DONALD ERKO THE BOARN D . .. / �9� CLERK TO THE BOARD f L(.�.G��( NOTARY PUBLIC BY: SHELLY K MILLER DEPUTY CLERK TO THE ��11 BOARD My commission expires dyad 2, / f`f - Published in Windsor Wor Slued, Beacon an June 23,1001. 940568 NOTICE The Board of County Commissioners of Weld County, Colorado, on June 15, 1994, 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: Cooley Gravel Company 3609 South Wadsworth Boulevard, Suite 300 Lakewood, Colorado 80235 LEGAL DESCRIPTION: SE* SW! of Section 9, part of the NW! of Section 16, and part of the Ei NE'y of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An open pit sand and gravel mine, including concrete and asphalt plants SIZE OF PARCEL: 213.6 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: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: June 23, 1994, in the Windsor Beacon 940568 NOTICF the S�tatetof Coop andd*ws* AFFIDAVIT OF PUBLICATION Weld County Zoning Ordinance,a public hawing all be held in the Chambers of the STATE OF COLORADO Board of County Commissioners of Weld SS County,Colorado,Weld County' COUNTY OF WELD Centennial Center,915 10th Street,First Floor,Greeley, Colorado,at the time specified. I, ROGER A. LIPKER, of said County of Weld, being duly All persons in any manner interested in the Site Specific sworn,say that I am publisher of Development Plan and Special Review Permit are requested to attend and maybe heard. WINDSOR BEACON Should the applicant or any interested party desire the a weekly newspaper having a general circulation in said presence of record of the a court reporter to make aCounty and State, published in the town of WINDSOR, in proceedings,in addition to the said County and State; and that the notice, of which the taped record which will be kept durils the hearing,the Clerk to annexed is a true copy, has been published in said weekly the Maid shall be adhsed in for / successive weeks, that the notice was writing of such action et least Me days prior to the hearing. published in the regular and entire issue of every number of The cost of engaging a court the paper during the period and time of publication, and in reportsr shall be home by tie reposing party. the newspaper proper and not in a supplement, and that BE IT ALSO KNOWN Mt on the first publication of said notice was in said paper bearing aid and maps so cniad by the date of the the Weld County Planning n and the Commission may be examined ,1,4, d of A.D., 19�' in M office of the C1 t n M " last publication be ing the date of the Board Co missioners,located in w _day of A.D., 19 and that Weld County Centennial the said WINDSOR BEACON has been published Calder,915 10th Stier,Thiel Flo°r,Greeley,Colorado. continuously and uninterruptedly for the period of 5 DOCKET h10:94.46 consecutive weeks, in said County and State, prior to the APPLICANT:Cooley Gravel date of first publication of said notice, and the same is a Companse "South Wadsworth newspaper within the meaning of an Act to regulate printing Boulevard, Suite 300, of legal notices and advertisements, approved May 18, Lakewood,Colorado 96295 1931,and all prior acts/tsms so far as In force, DATE:June 10:0015,1994 11'‘jt-,1/4._REQUEST a.m. ` REe fl menA Site SpeSpecs Dewspmem wen and Smolt ISHER Resew Permit for an open pit nerd and gravel mine,including caowte and asphaltNMI Subscribed and sworn to before pe me this 4 7 day of LEGAL DESCRIPTION:SEIM 9'LN--✓ 77, 19 SWIM of Section 9,part of M MVOS of Section I%and pad yn of M E1/2 NE1/4 of Seaton /,yAyT OZ - //I.t-miles, 17,an in Township 2 North.69 West of the NOTARY PUBLIC WN County.ColoradoM P.M.. LOCATION:Nerth of and My commission expires 9`"..e 2 f 7 p g6, adjacent M Wentle4 Ce Reed U 20.5 and 1R Mb was of Weld County Ralnd7 ' BOARD OF COUNTY COMM19BIaERS WELD COUNTY.COLORADO BY:DONALD D.WARDEN WELD COUNTY CLERK TO THE BOAR I BY:SHELLY K.MILLER DEPUTY CLERK TO THE BOARD DATED11Ff a./➢W ►ablbOM in IM Windsor i been oeea e L 1fe1. 940568 NOTICE 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 shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-46 APPLICANT Cooley Gravel Company 3609 South Wadsworth Boulevard, Suite 300 Lakewood, Colorado 80235 DATE: June 15, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for an open pit sand and gravel mine, including concrete and asphalt plants LEGAL DESCRIPTION: SEs SW'-a of Section 9, part of the NWy of Section 16, and part of the E₹ NE'y of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 20.5 and 1/2 mile west of Weld County Road 7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: May 25 , 1994 PUBLISHED: June 2, 1994, in the Windsor Beacon 940568 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-46, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this T1i day of , 1994. COOLEY GRAVEL COMPANY VERN NELSON 3609 SOUTH WADSWORTH BOULEVARD, SUITE NELSON ENGINEERS 300 520 GREELEY NATIONAL BANK PLAZA LAKEWOOD, CO 80235 GREELEY, CO 80631 CITY OF LONGMONT LONGMONT, CO 80501 JUDITH ANN SCHELL 11820 NIWOT ROAD LONGMONT, CO 80501 COTTONWOOD LAND AND FARM LTD. P.O. BOX 229 BOULDER, CO 80306 JANIE COX 1767 WELD COUNTY ROAD 20.5 LONGMONT, CO 80501 KEITH L. OLSON GUADALUPE MONNETT 1730 WELD COUNTY ROAD 20.5 LONGMONT, CO 80501 WESTERN PAVING CONSTRUCTION P.O. BOX 21588 DENVER, CO 80221 TEMPERATURE PROCESSING CO. , INC. 10477 WELD COUNTY ROAD 7 LONGMONT, CO 80501 JAY L. GROOM, JR. P.O. BOX 509 NIWOT, CO 80544 ROBERT D. AND EVA M. DUCKWORTH ��t 2719 WELD COUNTY ROAD 20.5 LONGMONT, CO 80504 dle-rj. Deputy Cle to the Board 940568 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 17, 1994 A regular meeting of the Weld County Planning Commission was held May 17, 1994 in the County Commissioners ' Hearing Room (Room 41101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Vice-Chairperson Richard Kimmel at 1:30 p.m. Tape 459 Roll Call Richard Kimmel Present 5 Bill O'Hare Present ^ _ o Shirley Camenisch Present Juliette Kroekel Present =+ N ' Bud Clemons Present .iZD ce O Marie Koolstra Present Ron Sommer Present _ Tom Rulon Present N Judy Yamaguchi Absent N Also present: Keith A. Schuett, Current Planner II, Gloria Dunn, Current Planner, Todd A. Hodges, Department of Planning Services; Lee Morrison, Assistant County Attorney; Jeff Stoll, Weld County Health Department; Don Carroll, Weld County Public Works; Becky Schoenfeld, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on May 3, 1994, was approved. CASE NUMBER: USR-1046 NAME: Cooley Gravel Company ADDRESS: 3609 South Wadsworth Blvd. , Suite 300, Lakewood, CO 80235 REQUEST: Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine, including concrete and asphalt plants in the A (Agricultural) zone district. LEGAL DESCRIPTION: SE4 SW4 of Section 9, part of the NW4 of Section 16, and part E2 NE4 Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. Vern Nelson, representative, introduced the member of Cooley Gravel that were present at the meeting. Bill Timmons, Vice-President and General Manager for Cooley Gravel Company stated that his company has been in business for 45 years and has several operation in the Denver area. He also stated his company is very responsible and is environmentally conscious. Vern Nelson then stated the applicant would comply with the Development Standards but would like to request a change in Development Standard #4, that states the maintenance time is from 6:30 p.m. to 10:00 p.m. , be changed to 6:00 p.m. to 12:00 a.m. They also had concerns over Development Standards #19 and 20 about the sewage disposal system. He stated that the applicant feels portable toilets should be adequate for this use. Jeff Stoll stated that if there is a lack of running water a vault privy system would be adequate for the temporary offices, but he is not in favor of portable toilets. Bill O'Hare moved to change Development Standard #4 to extend maintenance hours until 12:00 p.m. and delete Development Standard #20 for an engineered sewage disposal system. Motion seconded by Bud Clemons. 6 c51a�g� xf � 940569 PLANNING COMMISSION MINUTES May 17, 1994 Page 2 The Vice-Chairperson asked the secretary to pole the members of the Planning Commission for their decision. Richard Kimmel - yes, Bill O'Hare - yes, Shirley Camenisch - yes, Juliette Kroekel - yes, Bud Clemons - yes, Marie Koolstra - yes, Ron Sommer - yes, Tom Rulon - yes. Motion approved unanimously. The Chairman asked if there was anyone in the audience who would like to speak for or against the application. William Englehart, surrounding property owner and representative for the affected ditch company, had concerns about the detwatering materials going into the creek and the negative effects on the water and wildlife in the area. Robert Duckworth, surrounding property owner, stated the situation out there is unbearable. He would like to see the batch plant moved because it is undesirable. The roads are also in bad shape and he would like to see them taken care of. Jay Groom, surrounding property owner, stated he had concerns about the quality of his Lake being effected by the new operation. He was also concerned about the bad conditions of the .roads. Gloria Dunn stated that this company would enter into a Road Maintenance Agreement with the County. Allen Howard, representative, stated that they had a winter lease with the City of Longmont for water so water would not be taken from surrounding areas. He also stated they would comply with the Road Maintenance Agreement with the County. He also stated they would be willing to move the batch plant closer to the center of the property. Mr. Howard stated the water would be maintained in compliance with the State of Colorado's NPDES permit. This would monitor ground water and they would even be willing to install a slurry wall to maintain the integrity of the surrounding property. Rob Lared, representative, also assured the Planning Commission that no water would from the City ofLongmont. Heh Platte also stated they River and that supplied do not want any damage to by the surrounding properties. Marie Koolstra asked Don Carroll when the roads would be repaired. Don Carroll stated that they were planning a meeting between the three gravel companies that operate in the area to work out a Road Maintenance Agreement. Don Carroll also stated concerns about the reclamation setbacks on the property. Gloria stated that they could change Condition of Approval #3 to reflect the changes the Public Works Department wanted. Discussion followed regarding road improvements. Ron Sommer moved to change condition of Approval #3 to state: "The plat shall be amended to show a 100 foot setback from the proposed reclamation slopes to the center-line of Weld County Road 20 1/2 on Exhibit I' (Reclamation Plan Map) ." Shirley Camenisch seconded the motion. The Vice-Chairperson asked the secretary to pole the members of the Planning Commission for their decision. Richard Kimmel - yes, Bill O'Hare - yes, Shirley Camenisch - yes, Juliette Kroekel - yes, Bud Clemons - yes, Marie Koolstra - yes, Ron Sommer - yes, Tom Rulon - yes. Motion approved unanimously. 940568 PLANNING COMMISSION MINUTES May 17, 1994 Page 3 Gloria Dunn asked if the Planning Commission could make a motion to recommend vacation of SUP-259. Bill O'Hare moved to recommend vacation of SUP-259. Bud Clemons seconded the motion. The Vice-Chairperson asked the secretary to pole the members of the Planning Commission for their decision. Richard Kimmel - yes, Bill O'Hare - yes, Shirley Camenisch - yes, Juliette Kroekel - yes, Bud Clemons - yes, Marie Koolstra - yes, Ron Sommer - yes, Tom Rulon - yes. Motion approved unanimously. Bill O'Hare moved Case Number USR-1046 for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine, including concrete and asphalt plants be forwarded to the Board of County Commissioners with the included Development Standards and amendments to the Board of County Commissioners with the Planning Commission's recommendation for approval. Motion seconded by Bud Clemons. The Vice-Chairperson asked the secretary to pole the members of the Planning Commission for their decision. Richard Kimmel - yes, Bill O'Hare - yes, Shirley Camenisch - yes, Juliette Kroekel - yes, Bud Clemons - yes, Marie Koolstra - no, Ron Sommer - yes, Tom Rulon - yes. Motion approved. Marie Koolstra: "I really feel the trucking is an intricate part of this situation and I feel it has not been handled yet. CASE NUMBER: USR-1045 NAME: Griffin-Holder, Co. ADDRESS: P.O. Box 511, Rocky Ford, CO 81067 REQUEST: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment (onion storage and processing) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lot A of RE-1325 W2 SE4 of Section 36, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North and adjacent to Weld County Road 62 and approximately 1/2 mile west of Weld County Road 49. Hall Holder, applicant, stated that the site was purchased as is and is not adequate for their needs for processing onions. They have four storage bins for the onions, an office, and a grating area. There is not room to store the finished product. The Vice-Chairperson asked if there was anyone in the audience who would like to speak for or against the application. No members from the audience wished to speak. Ron Sommer moved Case Number USR-1045 for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment (onion storage and processing) in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commissions' approval. Motion seconded by Tom Rulon. 940568 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill O'Hare that the following resolution, with the change to Condition of Approval 3.d. , the change to Development Standard #4, the deletion of Development Standard #20, subsequent renumbering of Development Standards, and recommend vacation of SUP-259, be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: `:`'" CASE NUMBER: USR-1046 C NAME: Cooley Gravel Company -•� -,,r „- ADDRESS: 3609 South Wadsworth Blvd. , Suite 300, Lakewood, CO 802352 r ra = 'o REQUEST: Site Specific Development Plan and a Special Review permit q n S16en ' n pit sand and gravel mine, including concrete and asphalt p. 7a s.-, "„= LEGAL DESCRIPTION: SE4 SW4 of Section 9, part of the NW4 of Sectit 16,'find " �.; part E2 NE4 Section 17, all in T2N, R68W of theLLth PIWK. ,';-j : Weld County, Colorado. -" LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile wes€of Weld County Road 7. 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 Sections 24.7 and 44 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources Goals and Policies and Transportation Goals and Policies. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. A portion of the site received approval by the Board of County Commissioners for the excavation of gravel in May, 1983. The use has not been developed to date. - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. Surrounding land uses include gravel mining, agricultural production, oil and gas production, and rural residences. - The subject site is in a Flood Hazard Overlay District area. Use by Special Review Development Standards address this issue. 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. £y ki bid- 8 940565 RESOLUTION, USR-1046 Cooley Gravel Company Page 2 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. Prior to the Special Review permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. All permits required by the Army Corps of Engineers have been obtained. b. All permits required by the Mountain View Fire Protection District have been obtained. c. A Flood Hazard Development permit has been obtained by the applicant for the 213.6 acre site. d. A dust abatement plan has been approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the dust control plan as required by the Health Department. e. A stormwater discharge permit has been obtained from the Colorado Department of Health, Water Quality Control Division, if applicable. f. The use of this property as a sand and gravel mine shall not cause injury to vested or conditional water rights. If the use may result in injury to vested or conditional water rights, prior to excavation, the operator shall either present an agreement with a water conservancy district or water user group which encompasses the location of the use within its boundaries, a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and conditional water rights. g. A NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State waterways. 3. Prior to recording the Special Review plat: 940568 RESOLUTION, USR-1046 Cooley Gravel Company Page 3 a. The following note shall be placed on the plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. b. An accurate legal description shall be shown on the plat. c. The applicant shall enter into a long-term Road Maintenance and Improvements Agreement with Weld County. d. The plat shall be amended to show a 100 foot setback from the proposed reclamation slopes to the center-line of Weld County Road 20 1/2 on Exhibit F (Reclamation Plan Map) . e. The applicant shall submit a letter requesting the vacation of Special Use Permit #259 from the Board of County Commissioners by separate resolution. 4. Prior to dewatering the site or exposing groundwater, evidence shall be submitted to the Department of Planning Services specifically stating that the State Division of Water Resources has approved a well permit and water augmentation plan for the mining operation. Motion seconded by Bud Clemons. VOTE: For Passage Against Passage Richard Kimmel Bill O'Hare Shirley Camenisch Juliette Kroekel Bud Clemons Marie Koolstra Ron Sommer Tom Rulon The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Becky Schoenfeld, Recorded 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 May 17, 1994. Dated the 17th of Jun/e�(,_ fir 94. /1 U // Becky Schoenfeld Secretary 940568 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cooley Gravel Co. USR-1046 1. The Site Specific Development Plan and Special Review permit is for an open pit sand and gravel mine, including concrete and asphalt plants in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The open-cut gravel operation shall comply with Sections 44.4, 44.5, and 44.6 of the Weld County Zoning Ordinance. 4. Hours of operation shall be limited to daylight hours only, or not to exceed 6:30 a.m. to 6:00 p.m. , six days a week, Monday through Saturday. Routine maintenance of equipment shall be allowed between the hours of 6:30 a.m. to 12.00 a.m, Monday through Saturday. 5. The applicant shall comply with the Road Maintenance and Improvements Agreement approved by Weld County for this sand and gravel operation. 6. The property shall be maintained in compliance with the requirements of the Weld County Flood Hazard Overlay District requirements, including: - No fill, berms or stockpiles shall be placed in the one hundred (100) year flood plain of Idaho Creek which would obstruct passage of flood flows, and - All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. The site shall be reclaimed in accordance with Longmont Soil Conservation Service recommendations, as stated in correspondence dated March 28, 1994. 8. Tanks for flammable or combustible liquid storage or dispensing, either temporary or permanent, shall be installed in accordance with the requirements of the Uniform Fire Code. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. 940565 DEVELOPMENT STANDARDS, USR-1046 Cooley Gravel Company Page 2 11. No permanent disposal of wastes shall be permitted at this site. 12. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13. Fugitive dust shall be controlled on this site. 14. The applicant shall comply with the dust abatement plan approved by the Weld County Health Department. 15. 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. 16. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 17. An adequate and safe water supply shall be provided on-site for employees. 18. Adequate toilet facilities shall be provided on-site for employees. 19. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 24. 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. 26. 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. 940565 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Cooley Gravel Co. Case Number: USR-1046 Submitted or Prepared Prior to Hearing At Hearing 1. Application 92 pages X 2. Application plat 3 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. April 25, 1994 field check from Judith Yamaguchi X 12. May 5, 1994 referral from Weld County Health Department X 13. May 2, 1994 referral from Weld County Engineering Department X 14. April 27, 1994 referral from Mountain View Fire Protection District X 15. April 26, 1994 referral from Department of Army Corps of Engineers X 16. April 28, 1994 referral from Central Colorado Water Conservancy District X 17. April 26, 1994 referral from Colorado Oil and Gas Conservation Commission X 18. May 3, 1994 referral from Tri-Area Planning Commission X 19. May 5, 1994 referral from City of Longmont X 20. May 16, 1994 letter from Robert Laird X 21. May 17, 1994 letter "To Attendees of Cooley Gravel Co. Public Hearing" X 22. May 15, 1994 letter from Janine and Ted Cox X received after hearing h,ihc f 94056s INVENTORY OF ITEMS, uSR-1046 Cooley Gravel Company Page 2 I hereby certify that the 22 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 May 20, 1994. Gloria un , Current Planner STATE OF COLORADO ) COUNTY OF WELD YL (^�C,({, „s ti rEw AND SWORN TO BEFORE ME THIS a day of 19 , ` . r NOTAR PUBLIC ,1:D1g me®'eeion Expires Atli , a 1%? 5 940568 EXHIBIT INVENTORY CONTROL SHEET Case I A 5I # /t. / a, �P — l ,s-4PP,c{. halcr. . Exhibit Submitted By / Exhibit Description 5/43 A. y�xR/!� (/YLIHiPt 0 U/e //U�x44 irtt 543 B. (YJ Cn 540c. • (_h7nl)ZU1Q[�xi �C(fiyz/y�An� Q 5/5 D. eE14--k- �clucc�CC flt v /eai a pates vpc R.LLt Q/16 E. T'�1.E�1 3•Cl - 1 I �Q.wadi D�n (h� lea th ti su�/1, 1 F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 940563 5/ 17/94 EXHIBIT TO: Attendees of Cooley Gravel Company Public Hearing SUBJECT : Concerns and /or recommendations 1 . Maintaining water quality and water level of existing lake east of proposed mining . At risk is the quality of a lake designed and stocked from ground zero to become a very high quality fishing lake . This lake has been stocked and maintained by Queen of the River fish company in Longmont , Co . Recommendation : Running summer water in Smith-Emmons ditch to assist alluvial aquifer recharge . Recommendation : Winter water if used is primarily sourced from treatment plants and will shorten lake life due to chemical content . This is not a desirable alternative . Recommendation : Cooley to contract Queen of the River to analyze lake water quality to assure no changes to lake quality . Queen of the River could also help with the decision to not run winter water and only recharge aquifers with with summer water . Recommendation : A protective barrier wall should be designed to prevent aquifer depletion along the entire east side of the proposed mining area . This in-penetrateable barrier should help minimize winter water losses . 2. Proposed Asphalt and Concrete Plants . I personally am not opposed to the mining operations as this area has been defined as a natural resources area . I am opposed to the possible negative effect on the environmental , effects on wildlife , and effects on quality of life of the local long term residents. Recommendation : Plants , if allowed should be located in a remote location away from residential areas and located centrally within mining areas . Perhaps an agreement could be made with other gravel company ' s to keep the plants in the middle of the mining corridor to minimize the negative effects . If a plant is approved on this proposed site it should be located on the west boundary away from the majority of the residential community. 7 . Water discharge quality . Concern about quality of water discharged during mining operations. Discharge path would either be to the surrounding ground water system or into the river systems . Recommendation : Monthly water analysis of discharged to a water testing laboratory . Results of these tests should be copied to either myself as a director on the Smith Emmons ditch or to the president of the Smith Emmons ditch company . 9'056S _SL 1 1 i CU L' y c11 1 1111 1{ 1 r v constant state of WCR 7 south from WCR 20 1 /2 is constantly in need C repair . The road is �� ly patched on a contin . aus on-going basis. Th proposed roads in the proposal indicate going north to highway 119. I believe the majority of hauling material is going to be south on WCR 7 to Highway 52 toward the Denver area. Recommendation : All gravel companies working in the area should re-pave the roads to a "heavy" duty traffic thickness. The noise created by trucks is offensive enough to residents but the additional noise created by hitting the pot holes adds to the irritation . The holes on WCR 7 have been bad enough that the south bound drivers will move over into the north bound lane to avoid the pot holes. 5. Proposed mining sequence and final reclamation plan . Exhibit F showing the final reclamation indicates maximum removal of all existing land . This obviously provides the maximum amount of material removed but does not leave options for future land use. Recommendation : All mining operations now and in the future should leave approximately 10% of the land on the site in place , covered with topsoil at an elevation above the 500 year flood plain . I believe this provides a balance in immediate needs, ( gravel ) , and flexibility of land use in the future. Recommendation : If the mining sequence starts from the north going to the south then the conceptual problem of effects on the east bordering lake minimized earlier once the north proposed lake is filled with water . 940568 DATE: May 17, 1994 CASE NUMBER: USR-1046 NAME: Cooley Gravel Company ADDRESS: 3609 South Wadsworth Blvd. , Suite 300, Lakewood, CO 80235 REQUEST: Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine, including concrete and asphalt plants. LEGAL DESCRIPTION: SE4 SW4 of Section 9, part of the NW4 of Section 16, and part E2 NE4 Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. 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 Sections 24.7 and 44 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 Resources Goals and Policies and Transportation Goals and Policies. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. A portion of the site received approval by the Board of County Commissioners for the excavation of gravel in May, 1983. The use has not been developed to date. - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. Surrounding land uses include gravel mining, agricultural production, oil and gas production, and rural residences. - The subject site is in a Flood Hazard Overlay District area. Use by Special Review Development Standards address this issue. 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. 940565 RECOMMENDATION, USR-1046 Cooley Gravel Company Page 2 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. Prior to the Special Review permit activity occurring on the site, evidence shall be submitted to the Department of Planning Services that: a. All permits required by the Army Corps of Engineers have been obtained. b. All permits required by the Mountain View Fire Protection District have been obtained. c. A Flood Hazard Development permit has been obtained by the applicant for the 213.6 acre site. d. A dust abatement plan has been approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the dust control plan as required by the Health Department. e. A stormwater discharge permit has been obtained from the Colorado Department of Health, Water Quality Control Division, if applicable. f. The use of this property as a sand and gravel mine shall not cause injury to vested or conditional water rights. If the use may result in injury to vested or conditional water rights, prior to excavation, the operator shall either present an agreement with a water conservancy district or water user group which encompasses the location of the use within its boundaries, a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and conditional water rights. g. A NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State waterways. 3. Prior to recording the Special Review plat: a. The following note shall be placed on the plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 940568 RECOMMENDATION, USR-1046 Cooley Gravel Company Page 3 b. An accurate legal description shall be shown on the plat. c. The applicant shall enter into a long-term Road Maintenance and Improvements Agreement with Weld County. d. The plat shall be amended to show a 100 foot setback from the proposed reclamation slopes to ,Weld County Road 20 1/2 on Exhibit F (Reclamation Plan Map) . �4� e. The applicant shall submit a letter requesting the vacation of Special Use Permit #259 from the Board of County Commissioners by separate resolution. 4. Prior to dewatering the site or exposing groundwater, evidence shall be submitted to the Department of Planning Services specifically stating that the State Division of Water Resources has approved a well permit and water augmentation plan for the mining operation. 940568 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cooley Gravel Co. USR-1046 1. The Site Specific Development Plan and Special Review permit is for an open pit sand and gravel mine, including concrete and asphalt plants in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The open-cut gravel operation shall comply with Sections 44.4, 44.5, and 44.6 of the Weld County Zoning Ordinance. 4. Hours of operation shall be limited to daylight hours only, or not to exceed 6:30 a.m. to 6:00 p.m. , six days a week, Monday through Saturday. Routine maintenance of equipment shall be allowed between the hours of 6:30 a.m. to 10:00 p.m, Monday through Saturday. 5. The applicant shall comply with the Road Maintenance and Improvements Agreement approved by Weld County for this sand and gravel operation. 6. The property shall be maintained in compliance with the requirements of the Weld County Flood Hazard Overlay District requirements, including: - No fill, berms or stockpiles shall be placed in the one hundred (100) year flood plain of Idaho Creek which would obstruct passage of flood flows, and - All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. The site shall be reclaimed in accordance with Longmont Soil Conservation Service recommendations, as stated in correspondence dated March 28, 1994. 8. Tanks for flammable or combustible liquid storage or dispensing, either temporary or permanent, shall be installed in accordance with the requirements of the Uniform Fire Code. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. 940568 DEVELOPMENT STANDARDS, USR-1046 Cooley Gravel Company Page 2 11. No permanent disposal of wastes shall be permitted at this site. 12. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13. Fugitive dust shall be controlled on this site. 14. The applicant shall comply with the dust abatement plan approved by the Weld County Health Department. 15. 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. 16. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 17. An adequate and safe water supply shall be provided on-site for employees. 18. Adequate toilet facilities shall be provided on-site for employees. 19. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage \ Disposal Regulations. �Q. The septic system is required to be designed by a Colorado Registered •/ \ Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 21. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 24. 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. 25. 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. 940568 DEVELOPMENT STANDARDS, USR-1046 Cooley Gravel Company Page 3 26. 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. 940568 FIELD CHECK FILING NUMBER: USR-1046 DATE OF INSPECTION: May 10, 1994 APPLICANT'S NAME: Cooley Gravel Co. REQUEST: Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine including concrete and asphalt plants. LEGAL DESCRIPTION: SE4 SW4 Section 9, part NW4 Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W, Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. LAND USE: N Vacant agricultural ground, Boulder Creek E Vacant agricultural ground S Weld County Road 20 1/2, sand and gravel mining, pond, residence W Boulder Creek, agricultural ground, 2 residences ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 20 1/2, a paved County Arterial road. A portion of the ground is used for pasturing animals. Sand and gravel has been or is being mined from a number of properties surrounding this site. The land slopes down slightly to the northeast. Gloria un -- Current P nner 940568 LAND-USE APPLICATION SUMMARY SHEET Date: May 10, 1994 CASE NUMBER: USR-1046 NAME: Cooley Gravel Company ADDRESS: 3609 S. Wadsworth Blvd. , Suite 300, Lakewood, CO 80235 REQUEST: A Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine, include concrete and asphalt plants in the A (Agricultural) zone district. LEGAL DESCRIPTION: SE4 SW4 of Section 9, and part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. SIZE OF PARCEL: 213.6 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Health Department 2. Weld County Engineering Department 3. Mountain View Fire Protection District 4. Department of Army Corps of Engineers 5. Colorado Oil and Gas Conservation Commission 6. Central Colorado Water Conservancy District 7. Tri-Area Planning Commission The Department of Planning Services' staff has not received any inquiries or objections from surrounding property owners. 940568 }`,i�J • F ° F sn • .. . 1 I\\,. I L•��"�� • - NI LO w K P. 25 . .G .a ,• EN• .L • °• J 84 K aa� 0 r l '( ; z L - 4 .. �Si -. 4 F I CS F L• 4�II. .A 3 IA 54 w s P I 0,� S LUT: T: L6.V G r i. . .� tTt C41T �L i � • 13 i • e o L. M± IL °R , .r I . - .. -� K • • • 0.g cn �y,.n 'a ..a. '•� :,. `.�� .nom a: ..aa . :� _. , • Itr - as a n • - • pJ d - • _ es • . . • . _ .�� .. .\ 4 . _ t' - .. ae ntf Ysrc��e..v. .1—.- �� 57 r °4 Y 0ste • r 1 - F q 4 Sa=Reinrn L C e r L _ I /L s s z° 1 I I -I L 25 4 �JL•l._ ti i •4. ..' . L v 1 escrilemzotram=aim ,.L F °pA . j. • t • L rn rE AEC ,y 4- 1 ° s JJr 4 a[a Mr A >° L s . . of .- / r. ° L iii t �� fii/t • . x ,L,,, . [IKNAI1tt� •5 . . • ��V\ _ fV0 a a I , MILLIcit n �.d a •a-r-�� 4 'I yF 1 KM . ,vu° 1 °'I. 4 p . r.,��o r._. ''''''J6 .L �a • •y I .r • ' G P'N 1 p °.r L4� 1 a. 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U d5p R GM 104(0 st# <ofO At 2© 1 LICK .ft r 940568 FIELD CHECK FILING NUMBER: USR-1046 DATE OF INSPECTION: 11 / // f- APPLICANT'S NAME: Cooley Gravel Company CURRENT PLANNER: Gloria Dunn REQUEST: A Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine LEGAL DESCRIPTION: SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. I ',,,{{(��/// LAND USE: N �(y7i�{Alb / c_L—n E tltltli Y I dial s-FlrSTL Fivyn l ` aQrad a,„4/0 and sib 4447 t- i /1aok€d Scrn¢ u .L. . mw thechutavee ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) TENTS: ''/n//�W,,-✓ ,A (Agricultural) _ 'n/ yµI � rYo y(,� �,,/ /��7 n_ate/ te6CD- 'IS, 0_1,1)44. , f ! b�N�l�//77 /iwcL, WI24 �UU /�]d�fdi.�nLC. a , q pF 1��M a &twof av' : CCcaj. e _, ck Ja l d Ike( L; ,t�dZ per_ w w `s .30(414-1 e tv7\--kat wst m 713"1211 " '.gait ' p APR 2 1994 I *ld Nun?!Planning 940568 WELD CCU:;TY 0r•'• "Q 'n•yrRC 1994 APR 27 MI 11: 51 CLERK APR 2 1994 \\ - TO THE E'OARD 'maw rent!Planning COOLEY GRAVEL COMPANY LONGMONT OPERATION APPLICATION FOR REGULAR (112) MINED LAND RECLAMATION PERMIT Prepared for Cooley Gravel Company By Haley & Aldrich, Inc. Denver, Colorado April 1994 File No. 20198-000 from o%t #" fattea ge,rm {//a u' ( icy zi- fie Cienc and 94056s /1/4- , Men /-)csr STATE OF COLORADO • DIVISION OF MINERALS AND GEOLOGY Dep1313 ent mof NaSt., Room mResources 1313 Sherman SC, Room 215 Denver,Colorado 80203 Phone:(303)866-3567 FAX:(303)832-8106 DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor Notice of 112 Regular Reclamation Permit Application Consideration Ken Salazar Executive Director Michael 8.Long Division Director DATE: April 14, 1994 TO: Weld County Commissioners 915 10th Street Greeley, CO 80632 FROM: CC/Flint, Senior Environmental Protection Specialist RE: Cooley Gravel Company, Longmont Operation, File No. M-94-027 Please be advised that on April 13, 1994, Cooley Gravel Company, whose address and telephone' number are 3609 5. Wadsworth Blvd , Ste 300, Lakewood , CO 80235; (303) 989-0300, filed an application to conduct surface mining and reclamation , at or near Section 16, Township 2 North, Range 68 West , 6th Prime Meridian , in Weld County. The application decision is scheduled for July 12 , 1994. Copies of the application are available for review at the Weld County Clerk & Recorder ' s office and at the office of the Division of Minerals and Geology, Room 215 , 1313 Sherman Street , Denver , Colorado 80203 . All comments or objections must be submitted in writing and received by the Division no later than 5:00 p .m. on May 31 , 1994 in order to be considered in the application review process . 0212F/BDC r l//�a/qs1 -CTG ; , j E 5 M 910568 rek: --441% , DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE 1111De GREELEY, COLORADO 80631 • NOTICE OF PUBLIC HEARING COLORADO The Weld County Planning Commission will hold a public hearing on Tuesday, May 17, 1994, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Cooley Gravel Company LEGAL DESCRIPTION: SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Open pit sand and gravel mine. LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. SIZE: 213 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, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 17, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-6100, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published o (1) time by i1 27, 1994 Received by: C . Date: y/Urhi 9,10568 re DEPARTMENT OF PLANNING SERVICES ling PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8 UE 631 COLORADO 80631 COLORADO April 18, 1994 CASE NUMBER: USR-1046 TO WHOM IT MAY CONCERN: Enclosed is an application from Cooley Gravel Company for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. The parcel of land is described as SE4 5W4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. 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 3, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 9c0568 REFERRAL LIST NAME: Cooley Gravel Company CASE NUMBER: USR-1046 REFERRALS SENT: April 18, 1994 REFERRALS TO BE RECEIVED BY: May 3, 1994 COUNTY TOWNS and CITIES Attorney Ault X Health Department _Brighton _Extension Service _Broomfield X Emergency Management Office Dacono _Sheriff's Office Eaton X Engineering Erie Housing Authority _Evans Airport Authority Firestone _Building Inspection Fort Lupton Frederick STATE Garden City X Division of Water Resources Gilcrest _Geological Survey _Greeley Department of Health _Grover _Department of Transportation Hudson Historical Society _Johnstown Water Conservation Board Keenesburg X Oil and Gas Conservation Commission Kersey X Division of Wildlife La Salle FIRE DISTRICTS _Lochbuie _Ault F-1 X Longmont _Berthoud F-2 Mead Briggsdale F-24 Milliken _Brighton F-3 New Raymer _Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Pierce _Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 _Thornton X Mountain View F-10 _Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 _Adams _Platteville F-13 X Boulder _Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 X US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 Federal Aviation Administration _Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS X Central Colo. Water Conservancy Dist. Brighton _Panhandle Eastern Pipe Line Co. Fort Collins X Tri-Area Planning Commission Greeley X Plumb and Dailey Ditch Co. x_Longmont c/o Margaret Hill _ West Adams 4739 Weld County Road 22 Longmont, CO 80504 X Robert Carlson P.O. Box 380 COMMISSION/BOARD MEMBER Erie, CO 80516 X Judith Yamaguchi 940568 mEmoRAnDum YI�`I Gloria Dunn Planning Weld Count y May 5, 1994 To Date COLORADO Trevor Jiricek, Supervisor, Environmental Protection Service+ From Case Number: USR-1046 Name: Cooley Gravel Company Subject: NE4 of Section 17, SW4 of Section 09, NW4 of Section 16, of Township 02 North, Range 68 West. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. 3. A safe and adequate water supply shall be provided. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. 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. 8. Adequate toilet facilities shall be provided for the public. 9. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 10. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9 :568 Cooley Gravel Company USR-1046 May 5, 1994 Page 2 11. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. 12. 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. 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. If applicable, a stormwater discharge permit must be obtained from the Colorado Department of Health, Water Quality Control Division. TJ/lam-768 ?C 0568 mEmoRAnDum WIID� Gloria Dunn To Planning Dace M,y 2. 1994 COLORADO From Donald Carroll Subject: Cooley Gravel Company USR - 1046 I have visited with the applicant, reviewed the application, and have the following comments: The applicant will enter into a long-term road maintenance and improvements agreement with Weld County. On Figure D-1, the typical mining plan section, the applicant is indicating a minimum of 30' setback. Is the setback from the county right-of-way? In the rules and regulations from the State of Colorado Mining and Geology, any person mining within 200' of a manmade structure (WCR 20.5 falls into this category) must obtain permission to mine next to the manmade structure. The typical minimum 30' setback from the county right-of-way in the mining plan section would be adequate for mining. I am recommending a 100' setback on the reclamation slopes to keep water from leaching and softening up the road base on WCR 20.5. The Rinn area is notorious for having a high water table. The haul routes overlap between different gravel operators in this area. WCR 20.5 is designated as a heavy truck route. The setback would only affect the portion bordering WCR 20.5. DC\pds:gloria2.mem cc: Commissioner Kirkmeyer File USR - 1046 JjjY5i99J 4 ft 4§ re. r" • 411114 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3545, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 18, 1994 CASE NUMBER: USR-1046 TO WHOM IT MAY CONCERN: Enclosed is an application from Cooley Gravel Company for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. The parcel of land is described as SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. 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 3, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. -- Please refer to the enclosed letter. Signed: \\k‘ - Agency: MOUNTAIN VIEW FIRE PROTECTION DISTRICT Date: _cky 9119 COUNTY LINE ROAD LONGMONT, CO 80501 a ti APR 2 9 i994 " rtld Cu11(�r Planning 9d 0568 gpUNnl,p MOUNTAIN VIEW FIRE PRO) , CTION DISTRICT Administrative Office: 9119 County Line Road• Longmont, CO 80501 E (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 VIEW April 27, 1994 Ms. Gloria Dunn, Current Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: Case Number USR-1046 Cooley Gravel Company Dear Ms. Dunn: I have reviewed the material concerning the Cooley Gravel Company mining operation proposed for WCR 20.5 near WCR 7. The site is within the Fire District and will receive service from the Fire District. The District has no objections to this facility if the requirements of the District are met. I have included a copy of a letter, dated March 24, 1994, addressed to Mr. Howard, of Haley and Aldrich, Inc., which outlines the concerns of the Fire District with the mining operations at this site. If you have other questions, please contact me. Sincerely, Charles E. Boyes Fire Prevention Specialist CC: Jerry Ward, Chief of the District William N. Bailey, Deputy Chief, Support Services Mark A. Lawley, Assistant Chief, Fire Prevention ft APR 2 9 1994 111 Wald County Planning Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 voUNTAse MOUNTAIN VIEW FIRE PROTECTION DISTRICT R 11�Y, Administrative Office: 9119 County Line Road•Longmont, CO 80501 v. (303) 772-0710 Metro (303)666-4404 FAX (303)651-7702 VIEW March 24, 1994 Mr. Alan L. Howard, Senior Geologist Haley and Aldrich Inc. / 1600 Broadway, Suite 1125 Denver, CO 80202 RE: Cooley Gravel Company Proposed"Longmont Operation" Sand and Gravel Mine Dear Mr. Howard: I am responding to your letter, dated March 17, asking about the proposed Cooley Gravel Company facility north of WCR 20.5. The proposed mine is within the boundaries of the Fire District and receives service from the District. The Fire District has'adopted the.1991 Edition of the Uniform Fire Code and the activities in the mine will be covered by this Code. The principle applications of the Code to a gravel mine will be for tank installations fo flammable or combustible liquid, fueling operations, vehicle repair, including welding, and any use of hazardous -materials. Tanks for flammable or combustible liquid'storage or dispensing, either temporary or permanent, need to be installed in accordance with the requirements of the Code. The installation and use does require a permit from the Fire District. The Board of Directors of the Fire District has adopted a plans review/development fee. I have included a copy of the resolution of the Board of Directors adopting the fee. This fee will apply to all actions taken by the District in regard to the Cooley project, including the review of the referral sent by the Weld County Planning Department. Since the Cooley project is one of the type included in the Director's resolution, a deposit of $200.00 will need to be sent to the Fire District. A separate account will then be established in the name of the Cooley project. Cooley Gravel Company-Proposed Longmont Operations lof2 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Lie Rd. 10971 NCR 13 P.O.Box 575 P.O.Box 11 - 10911 DOWN Run . P.O.Box 666 P.O.Box 40 Longmont CO -Longmont.CO 299 Paler Ave. 8500 NMet Road , Latayatle,Co 600 Briggs 100 So.Forest a 80501 80504 Mead,CO 80542 Niwo4,CO 60544 80026 Edo.CO 60516 91055G8 The time used by District employees in working with this project will be charged against the account at the rate of $20.00 per hour. After the project is completed, any balance in the account will be refunded to the payer of the fee. If the balance in the account falls below zero, the payer will be billed for the amount necessary to bring the balance up to zero. A check for $200.00, made out to the Fire District, should be sent to: Ms. Gayle Watkins. Finance Manager Mountain View Fire Protection District 9119 County Line Road Longmont, CO 80501 If you need more details on any of the requirements or have further questions I can help you with, please contact me. Sincerely, Charles E. Boyes Fire Prevention Specialist CC: Jerry Ward, Chief of the District William N. Bailey, Deputy Chief, Support Services Mark A. Lawley, Assistant Chief, Fire Prevention Cooley Gravel Company-Proposed Longmont Operations 2of2 940568 £NT sF, Tt)F F q J ' DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT `�y o �.» x - i y TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 I v 50" � LITTLETON,COLORADO 80123.6901 1 m°o<n 6e - April 26, 1994 a ATTENTION O ENT Mott OF OEM/F , `Ms. Gloria Dunn Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Dunn: Reference is made to the application from Cooley Gravel Company (your case number USR-1046) for a sand and gravel mine which is located in Sections 9, 16, & 17, Township 2 North, Range 68 West, Weld County, Colorado. This office is aware of this activity. Mr. Erik Olgeirson has been informed of the need for a Department of the Army permit for this project and is acting accordingly. Please see the attached letter concerning this project. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199480264. Sincerely, Ti othy . 'arey Projec ra_ Enclosure APR 29 1994 Meld County Planning 940569 /L'� Pj� DEPARTMENT OF THE ARMY /.e¢ III CORPS OF ENGINEERS,OMAHA DISTRICT • +,I. TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 = � LITTLETON,COLORADO 80123.6901 9 REPLY TO A-RENTON OF March 31, 1994 Erik Olgeirson 4440 Tule I akP Dr. Littleton, Colorado 80123 Dear Mr. Olgeirson: Reference is made on behalf of ECC Construction Material Inc., which is located in Section 16, Township-2-North, Range-64-West, Beer-County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the excavation and discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the wetland delineation March 1994 is considered accurate and acceptable by this office. The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires work within these waters, this office should be contacted for proper Department of the Army permits. This wetlands jurisdictional delineation is valid for a period of three years from the date of this letter unless new information warrants revision of the delineation before the expiration date. Please be advised that the U.S. Fish and Wildlife Service (USFWS) has determined that the Ute ladies' tresses orchid, Spiranthes diluvialis, may occur in seasonally moist soils and wet meadows near springs, lakes, or perennial streams and their associated flood plains below 6,500 feet elevation in certain areas in Colorado. This plant species is now officially listed as threatened under the Endangered Species Act. For projects in specific areas, a survey for this plant species, approved by the USFWS,will be required before the Corps of Engineers can issue authorization for work within waters of the United States. I have attached a copy of a November 23, 1992 letter from the USFWS outlining this requirement and a list of recognized Spiranthes diluvialis consultants. If you have any questions concerning this matter, please feel free to contact me at (303) 979-4120 and reference action ID #199480264. Sincerely, Terry McKee Environmental Resource Specialist 940568 ;;;ID \ A G R 2. 1 1994 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES ® 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO April 18, 1994 CASE NUMBER: USR-1046 TO WHOM IT MAY CONCERN: Enclosed is an application from Cooley Gravel Company for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. The parcel of land is described as SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. 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 3, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommen ation is under consideration and will be submitted to ou ri.or to: 5. 1e t e enclosed letter.Signed: (� t Agency: Cit r12_ (24,,,, (rU �/ (✓cw5. ��S� Date: 4/Zi/�14--,�� I!!rr -t., Pl,3nnin+n 94059 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 . WELD COUNTY ADMINISTRATIVE OFFICES °k� 1400 N. 17TH AVENUE i GREELEY, COLORADO 80631 COLORADO April 18, 1994 {.�,e ? CASE NUMBER: USR-1046 TO WHOM IT MAY CONCERN: Enclosed is an application from Cooley Gravel Company for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. The parcel of land is described as SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. 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 3, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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: 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. I Signed: /1 ?an-L- Agency: COcaRADb OIL /SAc CONS, COMM. '�a R Date: o C IVE APR 2 9 1994 11 Weld County Planning 940568 , . Cill illii6 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICEStli - Ilk 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 18, 1994 CASE NUMBER: USR-1046 TO WHOM IT MAY CONCERN: Enclosed is an application from Cooley Gravel Company for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. The parcel of land is described as SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. 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 3, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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. 2ZZWe 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. P a refer to the enclosed letter. Signed: Agency' Ly / erq' -if` -- Date: `��9�/ CCC!"��. ' i0 i MAY 00 5 DEPARTMENT OF PLANNING SERVICES 1 PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO DATE: April 18, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1046 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 17, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Cooley Gravel Company FOR: A Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. LEGAL DESCRIPTION: SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 20 1/2 and 1/2 mile west of Weld County Road 7. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Gloria Dunn, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 940:368 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1046 for Cooley Gravel Company in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 22nd day of April, 1994. Cli-C176 wei(j.ili 940568 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Cooley Gravel Company USR-1046 Judith Ann Schell 11820 Niwot Road Longmont, CO 80501 Cottonwood Land and Farm Ltd. P.O. Box 229 Boulder, CO 80306 Janine Cox 1767 Weld County Road 20 1/2 Longmont, CO 80501 Keith L. Olson and Monnett Guadalupe 1730 Weld County Road 20 1/2 Longmont, CO 80501 Western Paving Construction P.O. Box 21588 Denver, CO 80221 Temperature Processing Co. , Inc. 10477 Weld County Road 7 Longmont, CO 80501 Jay L. Groom Jr. P.O. Box 509 Niwot, CO 80544 Robert D. and Eva M. Duckworth 2719 Weld County Road 20 1/2 Longmont, CO 80504 940568 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Cooley Gravel Company, Special Use Permit THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld county Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was s bscribed and sworn to before me this day of LI )(CIA O] , 14.7 WITNESS my hand and official seal. My Commission Expires: (. .iCl.(7a.) my Commission Evpims wR17 Notary Public 940568 NAMES OF PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION # City of Longmont Longmont, CO 80501 131308000030 Schell, Judith Ann 11820 Niwot Rd. , Longmont, CO 80501 131317000063 Cottonwood Land & Farm Ltd. P.O. Box 229, Boulder, CO 80306 131317000062 Cox, Janine 1767 WCR 20.5, Longmont, CO 80501 131317000035 Olson, Keith L. & Monnett, Guadalupe 1730 WCR 20.5, Longmont, CO 80501 131317000061 Western Paving Construction Co. P.O. Box 21588, Denver, CO 80221 131316000006 Temperature Processing Co. , Inc. 10477 WCR 7, Longmont, CO 80501 131309000035 Groom, Jay L. Jr. P.O. Box 509, Niwot, CO 80544 131316000034 Duckworth, Robert D. & Eva M. 2719 WCR 20.5, Longmont, CO 80504 131316000010 Temperature Processing.Co. Inc. 10477 WCR 7, Longmont.. CO- 80501 131309000003, Western Paving Construction Co. P.O. Box 21588, Denver, CO 80221 13131000085 Western Paving Construction Co. P.O. Box 21588, Denver, CO 80221 131316000007 Western Paving Construction Co. P.O. Box 21588, Denver, CO 80221 131317000016 Western Paving Construction Co. P.O. Box 21588, Denver, CO 80221 131317000036 940568 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Cooley Gravel Company, Special Use Permit 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 under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was s s scribed and sworn to before me thi day of �r )(a to c , 142 WITNESS my hand and official seal. My Commission Expires: My Commission Expires Aug. 12, 1997 Notary Publi 940565 NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE COOLET GRAVEL COMPANY 3609 South Wadsworth Boulevard Suite 300 Lakewood, CO 80235 940568 • f 14, DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO80631 co COLORADO April 18, 1994 Cooley Gravel Company 3609 South Wadsworth Blvd. , Suite 300 Lakewood, CO 80235 Subject: USR-1046 - Request for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. on a parcel of land described as SE4 SW4 of Section 9, part of the NW4 of Section 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for May 17, 1994, 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 Longmont and Tri-Area Planning Commissions for their review and comments. Please call Brad Schol, in Longmont, at 651-8330 and Jay Curtis, at Tri-Area, at 833- 3819 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Longmont 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 April 29, 1994, you or a representative should call me to obtain a sign to be posted on the site no later than May 6, 1994, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 310366 • Cooley Gravel Cc USR-1046 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, lo.ia Dunn ent Planner pc: LaVern Nelson 94Q 68 ._. 05/09/94 08:04 12303 651 8696 CD lit 001 ir-7.%•\s\Hifre: DEPARTMENT OF PLANNING SE RVICES PHONE(303)3533845,EXf.3540 e WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENUE AR 1 wa GREELEY, COLORADO 80631 COLORADO April 18, 1994 CASE NUMBER: USA-1046 TO WHOM IT MAY CONCERN: Enclosed is an application from Cooley Gravel Company for a Site Specific Development Plan and a Special Review permit for an open pit sand and gravel mine. The parcel of land is described as SE4 SW4 of Section 9, part of the NW4 o ect'o 16, and part of the E2 NE4 of Section 17, all in T2N, R68W of the 6th P.M., eld ounty, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 20 • 1/2 and 1/2 mile west of Wald CountyRoad 7. 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 3, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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 tor the following reasons: /3. �/ we have reviewed the request ands≥ Tom`- _ COUNH C(5 ' _ineereetsr. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please rater to the enclosed letter. Signed: ` gl..�G/,.ssl�/i+��J Agency; CM\ eV Le tiNrkl`f1_SC 1- Date: 57,1 q4 (Cs/ Post-It'Fax Note 7671 Date )c /c/,y (pagesDI /- r ,Y From 7 G°JDepl. Co. 0 I��•/ L Phone II Phone PT�- — Fax` F°" MAY 0 ` 1994 _ - f p g�f- MAY 9 ' 94 9: 01 303 651 8696 r�PF1 3E A ni1ng 940568 COOLEY GRAVEL COMPANY LONGMONT OPERATION APPLICATION FOR REGULAR (112) MINED LAND RECLAMATION PERMIT Prepared for Cooley Gravel Company By Haley & Aldrich, Inc. Denver, Colorado April 1994 File No. 20198-000 A- 90568 W A. I5R E*, Vitt 8t—s. s D� Rs I C H, _. I N.Ccor,- 12 April 1994 Geotechnical Engineers& Environmental Consultants File No. 20198-000 Cooley Gravel Company 3609 South Wadsworth Boulevard Suite 300 Lakewood, CO 80235 Attention: Mr. Bill Timmons, Vice President/General Manager Subject: Longmont Operation Regular (112) Permit Application, Weld County, Colorado Gentlemen: Haley & Aldrich, Inc. is pleased to transmit herewith ten (10) copies of our Mining and Reclamation Permit Application prepared on behalf of Cooley Gravel Company for the referenced facility. Our work constitutes an original permit application to the State of Colorado Division of Minerals and Geology (DMG) for development of a sand and gravel mining operation with appurtenant concrete and asphalt batch plants. The same application package has also been submitted to the Weld County Planning Commission with the assistance of our subconsultant, Nelson Engineers of Greeley, Colorado. County submittal documents are included as an Appendix. We have enjoyed working closely with your staff to develop mining and reclamation plans for the proposed facility. Haley & Aldrich looks forward to opportunities to provide Cooley Gravel with similar technical assistance in the future. If you have any questions regarding our submittal, or if you require additional information, please call me. Likewise, feel free to have DMG staff contact us directly should they have questions regarding the technical content of the application. With best regards, HALEY & ALDRICH, INC. Alan L. Howard, P.G. Senior Geolo:is Tracy I. ym. P. ., P.G. Vice President ALH:dcw: c: Messrs. Robert B. Laird (ECCCMA) and Stan Peters (Cooley), File 20198-000/R.2 1600 Broadway Suite 1125 Denver,CO 80202-4911 Offices Scarborough,Maine Rochester,New York Tel:303/832-9636 Cambridge,Massachusetts Silver Spring,Maryland Cleveland,Ohio Fax:303/832-9616 Glastonbury,Connecticut Bedford,New Hampshire 94,0568 PREFACE As preface to the text of this Mining and Reclamation Permit Application to the Division of Minerals and Geology (DMG) for a proposed wet or dry mining sand and gravel facility and associated asphalt and concrete batch plants, the following completed DMG application form for a Regular (112) Operation Reclamation Permit is provided. The application form and the remainder of the submittal together constitute the application submitted on behalf of Cooley Gravel Company, Bituminous Roadways of Colorado, Inc. and Flannagan Ready-Mix, Ltd. Cooley Gravel Company is the proposed permittee. 940568 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM CHECK ONE: XX New Application (Rule 2) _ Amendment Application (Rule 1 .8) Conversion Application (Rule 1 . 10) The application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to include one (1 ) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A-S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 . Applicant/operator name: Cooley Gravel Company 1 . 1 Type of organization (corporation, partnership, etc. ) : Corporation 2. Operation name (pit, mine or site name): Longmont Operation 2. 1 I.R.S. Tax ID No. or Social Security No. : 04-0404340 3. Permitted Acres: 213.6 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14) : $1.875.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow) : Sand and Gravel 5. Name of owner of surface of affected land: Cooley Gravel Company 6. Name of owner of subsurface rights of affected land: Cooley Gravel Company If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: X Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one): j 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T 2 X North South RANGE (write number and check direction): R 68 _ East X West SECTION (write number): S 16 QUARTER SECTION (check one): NE X NW -- --SE SW QUARTER/QUARTER SECTION (check one): x NE NW SE SW GENERAL DESCRIPTION: (miles and direction Approximately 5.5 miles east-southeast of the Town from nearest town and approximate elevation) of Longmont. Elevation between 4860 ft and 4880 fl 940563 -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: Bill Timmons Company Name: Cooley Gravel Company Street: 3609 South Wadsworth Boulevard, Suite 300 City: Lakewood State: Colorado Zip Code: 80235 Area Code: (303) Telephone: 989-0300 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Bill Timmons Company Name: (Same information as given above) Street: City: State: Zip Code: Area Code: Telephone: INSPECTION CONTACT Individual 's Name: Bill Timmons Company Name: (Same information as given above) Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not Applicable Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not Applicable Street: City: State: Zip Code: Area Code: Telephone: 940568 -3- 10. Primary future Cropland(CR) Pastureland(PL) General Agriculture(GA) (Post-mining) _ Rangeland(RL) Forestry(FR) g Wildlife Habitat(WL) land use Resldential(RS) Recreation(RC) Industrial/Commercial(IC) (check one): _ Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11 . Primary present Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) land use j Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) (check one) : Residential(RS) Recreation(RC) _ Industrial /Commercial(IC) _ Developed Water Resources(WR) 12. Method of Mining: . . Quarry (QR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel ) . Excavate and load (shovel/loader), haul, process and batch. 13. On Site Processing: N/A Solution (SO) Chemical (CH) __ Thermal (TH) __ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for Quarry mining is $2,325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. XX If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. The application fee for conversion to a 112 permit is $1 ,500. 112 Amendment application fee is $1 ,550. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)) . It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 940565 -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions , changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division' s review and 'ecision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)) ; 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. 940568 -5- 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. Signed and dated this 3/ day of March 1994 COOLEY GRAVEL COMPANY Applicant/Operator If Corporation A st (Seal ) By: GGI By: � Title: `O9 Corporate Secretary or Equivalent Town/City/County Clerk State of Colorado County of � ,¢s„O ) ss . ) he foregoing instrument was acknowledged before me this day of March , 1794 by F.W. Timmons III as VP/General Manager of Cooley Gravel Company Notary Public 3609 So. Wadsworth Lakewood, CO 80235 My Commission Expires: (J j.nJi ) )995 2823F (02/05/93) 940568 TABLE OF CONTENTS LIST OF FIGURES ii I. INTRODUCTION 1 II. EXHIBIT A - LEGAL DESCRIPTION 3 III. EXHIBIT B - INDEX MAP 4 IV. EXHIBIT C - PREMINING PLAN AND AFFECTED LANDS 5 V. EXHIBIT D - MINING PLAN 7 VI. EXHIBIT E - RECLAMATION PLAN 13 VII. EXHIBIT F - RECLAMATION PLAN MAP 17 VIII. EXHIBIT G - WATER INFORMATION 18 IX. EXHIBIT H - WILDLIFE INFORMATION 24 X. EXHIBIT I - SOILS INFORMATION 25 XL EXHIBIT I - VEGETATION INFORMATION 27 XII. EXHIBIT K - CLIMATE 28 XIII. EXHIBIT L - RECLAMATION COSTS 29 XIV. EXHIBIT N - OTHER PERMITS AND LICENSES 32 XV. EXHIBIT O - SOURCE OF LEGAL RIGHT TO ENTER 33 XVI. EXHIBIT P - OWNER OF AFFECTED LAND AND SUBSTANCE TO BE MINED 34 XVII. EXHIBIT O - MUNICIPALITIES WITHIN TWO MILES 35 XVIII. EXHIBIT R - PROOF OF MAILINGS 36 IXX. EXHIBIT S - PROOF OF FILINGS 37 XX. OTHER RELEVANT SITE INFORMATION 38 APPENDIX A - COUNTY SUBMITTAL DOCUMENTS f( A 940565 LIST OF FIGURES Fieure No, T B-1 Exhibit B - Index Map C-1 Exhibit C - Premining Plan D-1 Exhibit D - Mining Plan F-1 Exhibit F - Reclamation Plan 940568 ' I. JNTRODUCTION Cooley Gravel Company (Cooley) proposes to develop a surface sand and gravel mining operation with appurtenant asphalt and concrete batch plants on approximately 213 acres of land in Weld County. The property is located near Rinn,just north of County Road 20.5, east of Boulder Creek, and approximately six miles east-southeast of Longmont, Colorado. This document was prepared by Haley & Aldrich, Inc. on behalf of Cooley as application to the State of Colorado Division of Minerals and Geology (DMG) for a Regular (112) Mining and Reclamation Permit, and to the Weld County Planning Commission and Board of County Commissioners for a Use By Special Review Mining Permit. The site is currently used as rangeland for cattle and is partially irrigated by water from the Smith and Emmons Ditch. The site is entirely within the 100-year floodplain. A wildlife assessment revealed no threatened or endangered species, nor any critical wildlife habitat. Present vegetation consists of pasture grasses with cottonwood trees along Boulder Creek. A wetlands delineation identified jurisdictional wetlands only along a narrow corridor along Boulder Creek and these will be protected by a riparian buffer zone that will not be mined. Cooley proposes to mine the property in four phases during approximately 15 to 20 years. The proposed mining will consist of dry mining with dewatering via perimeter trenches or wet mining with a dragline. The site contains approximately 15 to 20 feet of alluvium and topsoil soils overlying clay shale bedrock which acts as an aquitard between the alluvial aquifer and deeper bedrock aquifers. A partial, optional, slurry wall has been considered to limit ground water inflows to the operation and to protect adjacent water resources, if necessary. No negative impacts to Boulder Creek are anticipated. Proposed reclamation will consist of either an open lake or a sealed water storage reservoir, both with irregular, revegetated shorelines to blend with the surrounding land use. The open lake option will entail ground water depletions via evaporation which will be augmented. The sealed water storage reservoir option will require construction of a slurry wall surrounding the site to separate ground water from stored water. Reclamation will be concurrent with mining and will include revegetation 1 ? x0568 with native grasses on shorelines and with cottonwood trees on approximately 40-foot centers along Boulder Creek. Slopes have been designed to minimize erosion. Cooley intends to obtain appropriate DMG and County permits prior to initiating operations. In addition, an NPDES discharge permit will be obtained prior to dewatering. No U.S. Army Corps of Engineers Dredge and Fill (404) permit will be required. Colorado Department of Health air permits for fugitive dust and plant operations will be obtained in accordance with regulatory requirements. The remainder of this document provides detailed information about the site, the proposed mining operation, the reclamation plan and costs, and other relevant site information required by DMG and the County. 2 K; 1/4 940568 II. EXHIBIT A - LEGAL DESCRIPTION ALL OF THE SE 1/4 OF THE SW 1/4 OF SECTION 9 AND ALL THAT PORTION OF THE NW 1/4 OF SECTION 16 AND THE E 1/2 OF THE NE 1/4 OF SECTION 17, ALL IN T2N, R68W OF THE 6Th P.M., COUNTY OF WELD, STATE OF COLORADO, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE W 1/4 CORNER OF SAID SECTION 16, THENCE N89°45'11"W, 537.53 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 TO THE TRUE POINT OF BEGINNING; THENCE N30°38'00"W, 150.48 FEET; THENCE N06°00'00"W, 246.93 FEET; THENCE N02°39'00"E, 138.97 FEET; THENCE N04°55'00"E, 98.72 FEET; THENCE N19°27'00"E, 264.79 FEET; THENCE N30°30'00"E, 527.03 FEET; THENCE N39°50'00"E, 201.97 FEET; THENCE N31°04'00"E, 214.87 FEET; THENCE N29°51'00"E, 192.91 FEET; THENCE N32°34'00"E, 189.73 FEET; THENCE N29°10'00"E, 104.43 FEET; THENCE N08°14'00"E, 277.70 FEET; THENCE N10°20'00"E, 113.48 FEET; THENCE N27°51'00"E, 196.67 FEET TO THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 16 AND THE POINT OF TERMINATION FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 16 BEARS 589°30'16"W, 327.96 FEET; AREA = 213.634 ACRES, MORE OR LESS. 3 94036,8 III. EXHIBIT B - INDEX MAP An index map comprising Exhibit B appears as Figure B-1. This map was developed from standard U.S. Geological Survey topographical quadrangle base maps using the Longmont and Gowanda Quadrangles. In addition to showing the regional location of the proposed affected lands, roads and access to the proposed operation, the map shows the proposed limits of the operation permit boundary. 4 940568 K_� 77_I@II L-n a I 'o:i O p r. e -a —4950 :. • • U Trail r B• . J .. „�6 10 ) • \\14 is �$ �T V �\ f.e6p =ma y\.fist.. `'0. 1rao i �`.`, ✓ ci" . j ' PROPERTY BOUNDARY 0 c:1/42....) II \6e+ \ 9 11 I �.�u <6gp- / .7v � - --�_ ) c ri 11999//// /� V n 16 :0) Jessum e4 v2 PM • .� 15 17 ° I COUNV_-R-D. 20.5 16�It 1 . 474 ,/ r[ _ \� sew W 1Cen-�/ a d•.�CJ �A / U !ice.-� '� \ -�-_ ,, . � / ? 4a/ 4882 •/ . I �� I1 ,-.._ ify C.,,_, — i <e90 h^ 21fli. �2� a II NOTE: Base Map from USGS 7.5 Minute Longmont and Gowanda Quadrangles. 0 2000 4000 SCALE 1.2000' N H .A L EN & L D R I C H INC. Rix Geotechnioal Engineers & Environmental Consultants FIGURE B-1 EXHIBIT B - INDEX MAP LONGMONT OPERATION CUENT: COOLEY GRAVEL COMPANY JOB 40. 20198-0D PROJECT: LONGMONT OPERATION I DATE MARCH 199494'..((;-sIyy IV. EXHIBIT C - PREMINING PLAN AND AFFECTED LANDS Exhibit C is intended to fulfill the requirements of Sections 34-32-112 (4), subsections (c), (e), (f), (g), (h) and (i) of the Colorado Mined Land Reclamation Act as outlined in the Mineral Rules and Regulations of the DMG and the Mined Land Reclamation Board. Generally, the required information relates to adjacent property ownership, the name and location of surface features and structures within 200 ft of the boundaries of the affected land, existing topography, the total area of mined and affected lands, vegetation and water resource information as required by the Division. Adjacent property ownership for the Longmont Operation is listed on the accompanying Figure C-1, Exhibit C - Premining Plan. Existing adjacent land use is rangeland to the north and pasture and crop land east of the property, an open lake (reclaimed sand and gravel pit) immediately east of the middle of the property, and Weld County Road 20.5 and pasture land south of the property. Boulder Creek bounds the property along the west and northwest sides. The premining topography of the area is also shown on Figure C-I, and is taken from USGS quadrangle topography transferred onto a recent air photo base map. The ground surface ranges from approximately El. 4865 to El. 4880 and dips gently to the north towards the confluence of Boulder and St. Vrain Creeks, and locally to the west towards Boulder Creek. In addition, 100-year flood elevation contours are depicted on Figure C-1 taken from a Colorado Conservation Board flood map. The total area to be involved in the operation, including mined areas and areas of ancillary operations, comprise approximately 202 acres of the entire approximately 213 acres owned by Cooley. Current land use is irrigated pasture/cropland and non-irrigated rangeland. Cattle are currently grazing on the property. Information included in Exhibit G - Water Information is also included on Figure C-1. An inset map with a map key identifies all permitted well owners within approximately one mile of the site. The list of well owners that accompanies the water information inset map on Figure C-1 is included in the text of Exhibit G. 5 940568 A wildlife assessment was requested of the State Division of Wildlife. No threatened or endangered species, nor any critical habitats were identified. The assessed impact to wildlife is minor. Additional wildlife information for the site in its premining condition is included in Chapter IX, Exhibit H - Wildlife Information. The type of present vegetation on the permit area is generally characterized by pasture grasses interspersed with widely scattered, isolated clusters and single cottonwood trees along Boulder Creek. Detailed vegetation information is contained in Exhibit J of this permit application. An inset map for the soils information described in Exhibit I - Soils Information has been included as part of Figure C-1. The soils inset map is from the Soil Conservation Service Soil Survey report for the site area. The accompanying text is included in Exhibit I. As part of this permit application, Cooley has performed a wetlands delineation and a preliminary Spiranthes orchid habitat assessment of the property to evaluate potential sensitive wetland and endangered plant areas that could be affected by the proposed mining operation. The wetlands delineation, which was presented to and approved by the U.S. Army Corps of Engineers, identified 3.6 acres of jurisdictional wetlands and 9.4 acres of non jurisdictional wetlands. The jurisdictional wetlands occur entirely along Boulder Creek within an area that is to be established as a buffer zone for riparian wildlife habitat and which will not be affected by mining. Finally, an initial assessment of viable habitat for the Spiranthes orchid has identified only the jurisdictional wetlands area (that would be protected) as viable habitat for Spiranthes. This assessment and the proposed design of the operation which precludes infringement on the habitat means that no Spiranthes survey will be required for the site. 6 #ca 940568 V. EXHIBIT D - MINING PLAN The proposed Cooley Gravel Company Longmont Operation comprises approximately 213 acres of rangeland lying east of Boulder Creek and north of County Road 20.5 in southwestern Weld County. The entire site lies within the Boulder Creek floodplain. Surface mining of alluvial sand and gravel is proposed for the entire site within normal setbacks with a wetlands/wildlife buffer zone to be established along Boulder Creek. Following mining, the site will be reclaimed as an open lake or as a sealed water storage reservoir with both reclamation plans having a revegetated, irregular shoreline for wildlife habitat. The purpose of this exhibit is to describe in detail the proposed mining plan for the operation. The accompanying Figure D-1, Exhibit D - Mining Plan, portrays the elements of the proposed mining operation as described in this narrative. Concurrent with the submittal of this Regular (112) Permit application to DMG, Cooley has also submitted an application for a Special Use Permit for sand and gravel mining and reclamation to the Weld County Board of County Commissioners. The content of that application is essentially identical to this State permit application. The differences include a County format permit application form and the addition of a Road Maintenance Agreement. Cooley is proposing to mine the property in four phases as shown on Figure D-1. Phase One will consist of development of the gravel plant and asphalt and concrete batch plants on approximately 20 acres at the southeast corner of the site and mining of approximately 54 acres surrounding the plant areas. Phase Two will extend mining to the buffer zone along Boulder Creek to the west and northwest, and north to the boundary between Section 16 and Section 9. Phase Two will encompass approximately 89 acres. Phase Three comprises the approximately 38 minable acres of the quarter- quarter section of Section 9 within the Cooley property. Phase Four will consist of moving the gravel, concrete and asphalt batch plants and mining the remaining 21.5 acres below the former plant sites. All of the plants may or may not be utilized when mining the Phase Four area. Processing operations will be relocated just west of the Phase Four area during mining of Phase Four, if the plants remain on site. Only pit-run materials may be removed from the site, minimal processing done on the aggregate, or continued full operations may occur during Phase Four. During mining of the four phases, only approximately 25 acres will be undergoing mining at any given time. 7 940568 Based on our current assessment of the property's reserves and overburden thickness, volume calculations for the minable acreage as shown on Figure D-1, a waste factor of five percent, and a probable maximum production rate of 500,000 tons per year, the following timetable is proposed for the four mining phases: pining Phase Minable Acreage Production (Million Tons) Approximate Duration (Years) Phase One 53.7 1.79 3.6 Phase Two 89.0 2.98 5.9 Phase Three 37.8 1.26 2.5 Phase Four 21.5 0.7 1.4 TOTALS 202.0 6.73 13.4 It is assumed that all mining operations, including initial mobilization, plant relocation for Phase Four mining, and final reclamation of grading and seeding will be accomplished within a 15 to 20 year life span given current economic projections and anticipated production. Based on these projections and the above description, the following table has been prepared summarizing "Areas of Disturbance" during mining. TABLE D-1 AREAS OF DISTURBANCE" (AND DURATION OF PHASES) COOLEY GRAVEL COMPANY "LONGMONT OPERATION" WELD COUNTY, COLORADO TYPE TOTAL (acres) Phase One (Approx. 4 Years) Major 53.7 Moderate 21.5 Minor 0 8 940565 TYPE TOTAL (acres1 Phase Two (Approx. 6 Years) Major 89.0 Moderate 21.5 Minor 53.7 Phase Three (Approx. 3 Years) Major 37.8 Moderate 21.5 Minor 142.7 Phase Four (Approx. 1.5 Years) Major 21.5 Moderate 20.0 Minor 160.5 ") Major, moderate and minor disturbance as per DMG rules and regulations. A total of 202 acres within a 213 acre property will be disturbed. The total area of disturbance by mining phase for reclamation considerations includes both areas of moderate and major disturbance. This is summarized in the following table. TABLE D-2 TOTAL DISTURBED ACREAGES BY PHASE (MODERATE AND MAJOR): Phase One 75.2 Phase Two 110.5 Phase Three 59.3 Phase Four 41.5 9 940568 The proposed mining operation will consist of conventional wet or dry mining (without a slurry wall) of surficial sand and gravel. Mining will include the following elements, some of which (e.g., plant area setup and dewatering trench excavation for Phase One) will occur concurrently: • Fencing improvements • Topsoil stripping and stockpiling • Plant area and roadway layout and construction • Perimeter dewatering trench excavation • Excavation/transfer of pit-run material to field hoppers • Conveying and processing • Concrete and asphalt batching • Product hauling • Reclamation grading and planting • Slurry wall construction (optional) Initial work will consist of improvements (if necessary) to perimeter 4-strand barbed wire fencing, erection of six foot chain link fencing around some or all of the plant areas, topsoil stripping and stockpiling, plant construction, and Phase One area dewatering trench excavation. Topsoil berms will be concentrated along County Road 20.5 and along the southern end of the eastern site boundary to minimize the visual impacts of the operation. Dewatering trench excavation will be performed with an excavator down to the top of or up to several feet into the underlying clay shale bedrock. Trench sidewalls in bedrock will be excavated approximately vertical. The trenches will be constructed to develop flow to discharge locations and minimize evaporative losses. Ground water will drain from the alluvial sand and gravel, collect in the trenches and be discharged to Boulder Creek under an NPDES discharge permit as shown on Figure D-1. Dewatering trench flow will provide the source water for processing. Additional information related to dry mining via dewatering trenches is included in Exhibit G - Water Information (Chapter VIII). Mining excavation will be performed by loaders and/or scrapers at temporary excavation slopes of 1:1 (H:V). As mining progresses from the southeast towards the west and north, field conveyors, 10 94056s hoppers and transfer points will be utilized to provide in-pit loading locations and conveyance to the gravel plant area. No stockpiling is proposed within the 100-year floodway. Other possible equipment will include a dozer and an excavator, and miscellaneous support vehicles. A wash water pond will be established at the north end of the gravel plant area which will be filled from the dewatering trench. The plant will discharge wash water to an in-pit sedimentation pond which will discharge clear water back to the dewatering trench. Concrete and asphalt batching will be done on site and is anticipated to constitute the primary disposition of the processed sand and gravel (approximately 60 percent). Concrete and asphalt, and to a lesser extent sand and gravel, will be hauled from the site east on County Road 20.5 to Rinn. Trucks will then head north on County Road 7 to State Highway 119 to connect to destination roads. Hauling west on County Road 20.5 will be limited to local deliveries within approximately five miles of the operation to the west and southwest where County Road 20.5 west provides a more direct route. Reclamation grading and seeding will follow the mining operation. The following exhibit, Exhibit E - Reclamation Plan, provides the details of the proposed site reclamation which, in general, will consist of regrading and seeding excavation slopes, constructing an east-west earth dike across the center of the site to create two reservoirs with irregular shorelines if a sealed water storage facility is completed, and planting trees and shrubs along Boulder Creek to enhance riparian habitat. Slurry wall construction has been considered both as a potentially necessary mining operation element and as an optional reclamation plan element. Detailed engineering of the optional slurry wall is proposed to be done after a permit is obtained or very soon after mining has begun when performance evaluations can be made, or should reclamation as a sealed water storage facility be desired. During mining, no slurry wall should be required to limit ground water inflows to the mining excavation, except possibly along a portion of the west edge of the Groom parcel (#131316000034) where an open lake (reclaimed sand and gravel pit) exists. Construction of a partial or complete slurry wall surrounding the permit area may occur prior to mining in that area, depending upon costs and return. Cooley proposes to install two ground water monitoring wells along the west side of the existing open lake within the 30 ft setback and evaluate the need for, and potential optional design length of, a slurry wall along the eastern property boundary to limit potential impacts to the lake and [/�r 11 940568 associated water rights. If conventional wet mining with a dragline or long-reach backhoe is performed, then no lowering of the gravel lake would occur. No slurry wall is planned along Boulder Creek if conventional dry mining is performed because dewatering water will be discharged to the creek. No negative impacts to Boulder Creek are anticipated. A schematic detail showing a typical mining plan section including the optional slurry cutoff wall is included on Figure D-1, Exhibit D - Mining Plan. A slurry wall completely surrounding the site is also being considered as an optional reclamation plan element. Current plans are for reclamation as an open lake in contact with ground water. The water information included in Exhibit G and the augmentation plan being prepared for the State Engineer's office are for the open lake option and associated consumptive use through evaporation. Depending upon the marketability of a sealed water storage reservoir, a slurry wall may be constructed by Cooley as described in Exhibits E and F as an optional alternative reclamation end use. A- 12 45.n�toa VI. EXHIBIT E - RECLAMATION PLAN The primary focus of reclamation of the site following mining is the creation of a stable, vegetated, irregular shoreline around the proposed open lake depicted in Exhibit F - Reclamation Plan Map (Figure F-1). Reclamation will occur concurrently with mining and is expected to be completed by the year 2012. The final reclamation land use, in this scenario, will be an open lake water resource and wildlife habitat area. An optional, alternative water resource reclamation land use may be developed instead of the open lake scenario presently proposed for permitting. This would consist of the identical reclamation plan for the open lakes, but with the addition of a slurry cutoff wall surrounding the site. This plan would be implemented if the economics associated with a buyer of the resulting sealed water storage reservoir, slurry wall construction costs, and water rights and consumptive use issues were favorable. Reclamation, as for mining, will proceed from the southeast corner of the site from the plant areas towards the west and north. Final reclamation grading will be in the Phase Four mining area where the initial plant areas will be located and will include construction of a dike to create two reservoirs if a sealed water storage facility is built. Grading will be followed by planting of trees, shrubs and grasses on newly established shoreline and side slopes. Grading will be performed to create a natural looking open water lake within the existing floodplain topography. The temporary 1:1 (WV) excavation side slopes will be reclaimed with overburden and waste soil materials to create stable 3:1 shoreline slopes. The 3:1 shoreline slopes will extend to ten feet below the proposed maximum pool elevation, below which they will be steepened to 2:1 slopes. No excavation "highwalls" will be left at the site. Backfilling will occur as each mining year is completed. Grading will be uniform and continuous and performed in such a manner to provide stable slopes, minimize erosion and limit siltation. The time table for each mining phase, and hence for each reclamation phase, is included above in Exhibit D. No acid or other toxic forming materials are known to exist in the topsoil, overburden or sand and gravel to be excavated at the site. Refuse generated on the affected land will be contained and hauled 13 A-a 9401565 to a transfer station or solid waste landfill facility. No refuse will be disposed of on the affected lands. No swimming facilities are planned for the private, open lake end land use. The topsoil and silty overburden soils will be stockpiled along the southern site boundary and along the south end of the eastern boundary within the excavation setbacks. Topsoil and overburden stockpiles that will remain in place for periods longer than one growing season will be seeded with a fast-growing temporary cover seed mix to protect them from erosion by wind or precipitation. Reclaimed slopes and disturbed excavation bank tops will be recovered with six to ten inches of topsoil material prior to planting and seeding. Topsoil spreading will be performed in a manner to minimize the potential for overcompaction and, hence, create a viable root zone. A limited number of cottonwood trees and snags will be incidentally excavated near the western limits of mining. A 50 ft buffer zone will be established along Boulder Creek to protect riparian wildlife habitat, preserve jurisdictional wetlands and preserve additional trees. Replanting of trees to enhance shoreline vegetation and habitat will be performed along Boulder Creek. The Soil Conservation Service (SCS) has been contacted regarding revegetation and fertilization recommendations. Their response (included at the end of this Exhibit)has been utilized where practical and a revegetation plan has been developed as part of this reclamation plan. Revegetation is an important part of this reclamation plan. After backfilling and grading, planting and seeding will be initiated as soon as practicable. This will usually be at the beginning of the following growing season after a given mining year is completed. For lake shoreline and shoreline side slopes to ten feet below maximum pool elevation where grasses will be planted, the following seed mix and application rates will be used: Species Percent of Mix PLS")/1b/ac _Lb/ c Switchgrass 25 x 4.5 1.13 Western Wheatgrass 30 x 16.0 4.80 Alkalai Sacaton 45 x 1.5 .70 "' Pure Live Seed 14 940568 These seeding rates assume that a drill will be used for seeding. Seeding will generally be completed during November through April, preferably in the late Fall. In order to ensure successful planting, mulch will be used. Straw mulch at approximately two tons per acre will be used. Overburden soils will be tested for primary nutrients (nitrogen, phosphorous and potassium) prior to selecting an appropriate fertilizer, which will be used at the time of seeding. The mixture for water edges will add Reed Canary grass to the above species mix at the rate of 0.5 to 1.0 lb per 1,000 linear feet of shoreline. The grass seed will be planted with a grass drill equipped with depthbands and press wheels. Seed will be planted approximately one-half inch deep. In shallower areas, marsh and aquatic plants will establish themselves. These plants will probably include species of Cattails, Sago Pondweed, Widgeongrass, Wildmillet, and Bullrushes. Over time, the aquatic plants will spread around the entire shoreline and help buffer against shore erosion from wave action and water level fluctuation. The purpose of the revegetation is to establish a healthy native plant community. A significant invasion of pest weeds would rob desired plants of nutrients and moisture and would be contradictory to the proposed reclamation. Therefore, selective areas will be mowed periodically to control weeds. The weeds will be mowed when they reach a height of 12 inches during the first growing season. Along limited portions of the shoreline of the newly created lakes, clusters of trees and shrubs will be planted to create a more natural appearance of the lakes. Trees and shrubs will be selected from the recommended list below: 15 94056s Trees Green Ash Frexinus pennsylvanica Western Cottonwood Populus sargentii Narrowleaf Cottonwood Populus augustifolia Lanceleaf Cottonwood Populus acuminata Willows Salix sp. Shrubs Snowberry Symphoricarpus albus Buffaloberry Shepherdia argentea Cistena Cherry Prunus padus Bluestem Willow Salix irrorata Golden Current Ribes aureum Dogwood Cornus stolonifera Multiflora Rose Rose multiflora Deciduous trees will be one or two year old saplings from 18 in. to five feet tall and deciduous shrubs will be in one and five gallon containers. Along Boulder Creek, two inch caliper cottonwood trees will be planted on approximately 40 ft centers to improve existing conditions along the riparian shoreline. An estimate of reclamation costs has been included in Chapter XIII, Exhibit L - Reclamation Costs, based on the proposed mining and reclamation plans described in this and the preceding chapter. 16 9yC5c9 UNITED STATES Soil 9595 Nelson Road #D DEPARTMENT OF Conservation Longmont, CO. 80501 AGRICULTURE Service Phone: 776-4034 March 28, 1994 Haley & Aldrich, Inc. 1600 Broadway Suite 1125 Denver, Colorado 80202 RE: Cooley Gravel Company File No. 20198-00 Reclamation Plan The soils found on this site consist of Aquolls and Aquents and a small area of Bankard sandy loam along the west side of the parcel . These are typical soils for this area and are found along most of the major drainages in the area. All of these soils are subject to frequent flooding which limits there uses . A high water table can be present in the early spring and recede to a depth of 48 inches as the season progresses . Adjacent irrigation greatly affects the water table. As mining operations near completion, all slopes should be graded to a 4H: 1V. Generally, the flatter the s,__, , the greater the chances for adequate grass es bta lishment. All top soil removed during preliminary mining operations should be stockpiled and then spread back onto the slopes and worked or mixed into the slopes . All foreign water should be diverted away from the slopes and not allowed to run down the slopes. In order to determine fertilizer needs, it is highly recommended to take a soil sample and have it analyzed by a professional lab. Unless this test shows differently, no less than 40# nitrogen (N) and 40# phosphorous (P2O5) should be applied per acre. Ferilizer should be applied immediately prior to seeding and lightly worked into the soil . The final seedbed should be well settled and firm but yet friable. cGrassi should be seeded between Nov. 1 and April 30th. No seed fhoirtd be put into frozen soil . The following mixture should prove adequate for this site: Blackwell Switchgrass 30% 1 . 35#PLS/ac. Salado Alkali Sacaton 10% . 10#PLS/ac . Vaughn Side Oats grama 30% 2 . 70#PLS/ac. Rosanna Western Wheat. 20% 3 .20#PLS/ac. Reed Canarygrass 10% .40#PLS/ac. TOTAL 7 .75#PLS/ac. On all slopes of 3: 1 or flatter, a good quality grass drill having depth bands, packer wheels and an agitator should be used. All seeding operations should be across slope and seeded at 1/2 to 3/4 inch depth. If the seed is broadcast, the above rates should be doubled and the seed incorporated into the surface of the soil by raking or harrowing to a maximum depth of 3/4 inch. After seeding, the area should be mulched with a minimum of 4, 000 lbs . of good, clean dry straw or native hay. The mulch should be uniformly spread and then 'crimped' into the soil . Again, 'crimping' should be across the slope. Mulching will protect the soil from erosion and assure rapid establishment of the grasses. Weeds should be monitored and controlled to assure stand establishment. Weeds rob much needed moisture from the grass plants . These soils are not generally suited to the establishment of trees and shrubs . An on site investigation is needed to determine the feasibility and possible tree and shrub species . I hope this information will be satisfactory to your needs . If you have any questions or need additional information, please feel free to call . Si erely, 7,1-VntAnti I N rman J. I' Iells r District Conservationist 940568 VII. EXHIBIT F - RECLAMATION PLAN MAP Exhibit F, the Reclamation Plan Map, is included as Figure F-1, Reclamation Plan Map. The purpose of the map is to depict the expected physical appearance of and portray the proposed final land use for the affected land. The map shows the proposed final reclamation scenario in plan view for final buildout through Phase Four mining for the Longmont Operation as described in detail in the previous exhibits. The proposed reclamation consists of an open lake with wildlife habitat or an optional end use consisting of a sealed water storage reservoir completely surrounded by a slurry wall. The ultimate end use will depend upon negotiations for sale of a sealed water storage reservoir to a suitable owner(s). In lack thereof, the open lake alternative shown on Figure F-1 will be constructed by Cooley Gravel Company. 17 KGX 940568 VIII. EXHIBIT G -WATER INFORMATION Introduction The proposed mining operation is located in the alluvial plain of Boulder Creek. The alluvial deposit averages approximatel6 feet in thickness. The mining of sand and gravel will necessitate dewatering the alluvial aquifer in the vicinity of the pit. The potential exists for impacting the ground water levels in the immediate vicinity of the excavation. Water levels in the aquifer are expected to decline. However, the operation is not expected to materially injure ground water rights. It is anticipated that the water wells in the area will be able to withdraw their permitted amounts. Suitable mitigation procedures will be instituted if water rights are materially injured. The water wells, and surface water features in the site vicinity are shown on Figure C-1, Exhibit C - Premining Plan. Surface Water System The proposed mining operation is located between Boulder Creek and Idaho Creek, a tributary of Boulder Creek. The property lies in the 100 year floodplain of Boulder Creek. The area historically consisted of farmland irrigated by ditches diverting water from Boulder and Idaho creeks. Presently the farmland is interspersed with other sand and gravel mining operations. Immediately east of the Cooley property is a mined and reclaimed pit containing an open lake. Smaller gravel mines lie immediately south of the property. A relatively large, active pit lies northwest of the site across Boulder Creek. The on-site surface water features consist of four small ponds which historically collected tailwater from irrigation. Irrigation water was delivered by laterals of the Smith and Emmons ditch which are located on the southern boundary of the property. The property is currently leased for pasture and grazing and about half the property is irrigated from this ditch. 18 K� 910568 The drainage from the property will be routed to sediment ponds created by the mining. No adverse impact to the surface water system is expected. Ground Water System The mining operation will be dewatered utilizing trenches surrounding the site. Ground water will be discharged from the trenches at a maximum rate of approximately 1500 gpm. The water will be pumped into Boulder Creek and/or to the wash plant. The depth to the water table varies from three to six feet, requiring drawdown in the alluvial aquifer of 10 to 13 ft. A search of the State Engineer's records was made to locate wells within one mile of the site. A map showing the well locations is included on Figure C-1, Exhibit C - Premining Plan. A tabulation of the wells is included in this exhibit as Table G-1. The wells in the area consist of three types; domestic, livestock and gravel pits. There are domestic wells within one mile of the site. The wells withdraw water from the alluvium or the Laramie-Fox Hills aquifer. The area is underlain by shales and sandstones of the Laramie Formation and Laramie-Fox Hills aquifer. Shallow bedrock at the site consists of clay shale that comprises part of the aquitard overlying the bedrock aquifer and mining operations are not expected to affect the bedrock aquifer. Boulder Creek should serve as a ground water divide. Therefore, no alluvial ground water declines are expected west of the creek. Water level declines are expected to occur in the vicinity of the operation to the south, east and north of the mined area. Although it is difficult to predict, based on previous experience we do not expect water levels to be affected at distances greater than one-quarter mile. And at that distance water level changes will be insignificant. Within one-quarter mile, and east of the creek, there are six alluvial wells, two gravel pits and four domestic wells. One reclaimed gravel pit is located on the eastern boundary of the site. Another pit is located south of the site. Four domestic wells are located east and northeast of the site. 19 9q;05G9 Water Reouirementg Ground water will be consumed by four processes: evaporation, water in the product, washing, and dust control. The consumption of ground water will result in depletion from the Boulder Creek system. Evaporation will occur from exposed ground water on the site. Water will be exposed in the dewatering trenches and two small ponds. We estimate the total water surface area will not exceed 2 acres during the mining. The evaporation from the 2 acres will be approximately 5 acre feet per year. The amount of water retained in the product is estimated at 4% by weight. Based on a maximum production of 500,000 tons per year the amount of water consumed is approximately 14.7 acre feet per year. The washing will require approximately 1400 gallons per minute. Water consumed by washing will be accounted in the product water or evaporation from the sedimentation ponds. Water will be used to control dust on interior haul roads as needed. We anticipate that approximately 80,000 gallons per month will be required, or 1.2 acre feet per year. In summary the total estimated water consumption during the mining is as follows: Type of Use Annual Consumption (acre feet) Evaporation 5.0 Product and wash water 14.7 Dust control Total 20.9 20 K�A 940 568 Two options are proposed for reclamation; a lined reservoir or unlined lake. No water will be consumed by a lined reservoir. Therefore, no augmentation will be required. Water will be required to replace the amount evaporated by a lake. The maximum surface area of the lake is estimated at approximately 180 acres. The annual evaporation from the surface would be approximately 450 acre feet. Project Water Supply Cooley owns senior water rights in the South Platte River and Boulder Creek drainages. These rights will be used to augment the depletions caused by the mining operation. As shown previously, the depletions are estimated at 20.9 acre feet per year. Cooley owns 1.5 shares of the Smith and Emmons Ditch which are used to irrigate some of the area proposed for mining. Based on the State Engineer diversion records, the 1.5 shares have historically diverted an average of 236.5 acre feet per year. The water was used to irrigate 110 acres of crops, including corn and beets, and is currently used for pasture grass. The historic consumptive use by the shares is estimated at approximately 142 acre feet per year. The area irrigated by the Smith and Emmons rights will be eliminated by mining. The consumptive use credits will be used to augment mining depletions. The amount of consumptive use credits is more than adequate for augmentation of depletions. However, since the rights were used only during the irrigation season they cannot be used to augment depletions during winter unless the water is stored for winter release. The amount of depletions occurring in the non-irrigation season is approximately 30% of the annual total, or 6.3 acre feet. There are several options available to augment winter depletions. We anticipate one of two sources will be utilized. The most desirable option would be to store the Smith and Emmons rights in an upstream reservoir and release the water as needed. Another option would be to lease effluent from upstream municipalities. 21 94L0SGS Prior to exposure of ground water, a well permit and substitute supply plan will be obtained from the State Engineer. The plan will provide a detailed account of depletions and replacement sources. A reclaimed gravel pit lake will require augmentation of evaporation depletions. In addition to the Smith and Emmons shares described above, Cooley owns approximately 700 acre feet per year of water rights in the South Platte Basin which could be used for augmentation. NPDES Permit An application for a NPDES permit will be submitted for this project. Once a permit is obtained, a copy of the permit will forwarded to DMG. Management of Runoff Cooley Gravel intends to manage on-site runoff under the auspices of NPDES stormwater permit conditions included in the NPDES discharge permit that will be obtained to perform dewatering during mining. Cooley will implement best management practices (BMPs) to prevent storm waters from coming in contact with undesirable materials (fuels, lubricants, etc.) stored on-site to operate and maintain equipment and vehicles. Surface grading of the temporary plant area operations will be performed to control runoff and prevent degradation of surface and ground water quality. Little or no paving will be on-site, so most precipitation will immediately infiltrate to the water table. At the proposed concrete batch plant area, a contained mixer-truck cleanout pit will be constructed that is lined to prevent discharge of cementatious materials to the subsurface. Cleanout materials collected in the pit will be removed approximately on a monthly basis and the material will be reprocessed through the plant. All fuel storage on-site will be in above ground storage tanks sited above anticipated flood elevations and operated in accordance with all Federal, State and local regulations and requirements within a concrete containment area. No runoff management will be required following reclamation as an open lake. 22 940568 TABLE G-1 Map Permit Owner Use' Aquifer Depth QTR/QTR Sec. No. 1 36149M Hayes OM KLF SE/NW 8 2 36150M Hayes OM KLF SE/NW 8 3 36151M Hayes OM KLF SE/NW 8 4 36152M Hayes OM KLF SE/NW 8 5 35162M Hayes OM ELF SE/NW 8 6 78D Bank/Laf. D 252 SW/NW 8 7 78 Cooksey D 250 SW/NW 8 8 42746F C&M Co.s OG GW SE/SW 8 9 159089 Hodges D GW 15 NE/NE 8 10 17939 Heaton D 30 NW/NE 9 11 37631F B.CR.Est. OG GW SE 9 12 4495 Engelhard L NE/SE 9 13 Palermo H GW NE/SE 9 14 4495 Engelhard L 30 NW/SE 9 15 Palermo D GW SE/SE 9 16 34027 T.P.C & E D 30 SW/SE 9 17 6744F Camenisch D 15 NE/NW 10 18 282 Wolfkill D 700 NW/NW 10 19 107118 Larson H 17 SW/NW 10 20 107118 Larson H GW 100 SW/NW 10 21 91035VE Camenisch H GW NW/SW 10 22 123810 Camenisch H NW/SW 10 23 37632F W. Mobile OG GW 16 24 38399F Groom OG GW N/NE 16 25 2569 Eckstine D 24 SE/NE 16 26 164800 Schell DL GW NE/NE 17 27 145838 Thomas DL GW SW/NE 17 28 32151F Olson OG GW NE/SE 17 29 176296 Hodges DL GW 31 NW/SE 17 30 3296 Johnson L 213 SW/SE 17 31 32149F Olson OGF GW NE/NE 20 32 32150F Olson OGF GW NE/NE 20 33 45085 Kennedy L 12 NE/NE 21 I. KE OM Monitoring Well (Permitted) OG Gravel Pit Well Permit H Household Use only OGF Gravel Pit Well-Filled D Domestic L Livestock DL Domestic/Livestock 23 940568 IX. EXHIBIT H - WILDLIFE INFORMATION The land surrounding the Longmont Operation site is largely agricultural, with a sand and gravel mine to the northwest and a former sand and gravel mine to the east. The proposed mine site itself presently consists of partially irrigated pastureland. The site contains relatively little cover or suitable habitats area for wildlife. Wildlife present in the area are deer, beaver, muskrat, coyote, fox, skunk, raccoon, waterfowl, rabbits, shorebirds, pheasant, dove, raptors, numerous small rodents and seasonal songbirds. Species typical of a streambank environment may be seen in the area due to the presence of Boulder Creek. There are no known threatened or endangered species, no critical habitats, and the assessed impact to wildlife is minor. Per Mined Land regulations, a Mine Land Wildlife Questionnaire has been sent to the Colorado Division of Wildlife. Copies of the questionnaire and Division of Wildlife statement follows this page of Exhibit H. 24 940568 MINED LAND WILDLIFE QUEST AIRE for limited impact and select regular mine applications 1. Name of Company/Mine: COOLEY GRAVEL COMPANY/"LONGMONT OPERATION" 2. Name/Address/phone of Contact Person: MR ROBERT B LAIRD/ECCCMA 3609 S WADSWORTH BOULEVARD SUITE 300 LAKEWOOD CO 80235/(303) 980-2424 3. Location of Mine: SEE ATTACHED LEGAL DESCRIPTION AND MAP (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MIS appl.) 4. Nearest Town/General Location: APPROXIMATELY 4 MILES SE OF LONGMONT 5. Land Ownership (Circle)I1..'Private 2. BLM 3. USFS 4. Other 6. Present Land Use: RANGELAND/CATTLE. • 7. Proposed Final Land Use: OPEN LAKE OR SEALED WATER STORAGE RESERVOIR 8. Type of Operation: / 1.lSurface 2. Underground 9. Minerals being mined: SAND AND GRAVEL (DMG REGULAR 112 PERMIT) 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) : APPROXIMATELY 213 ACRES LESS 30 TO 100 FT OFFSET AT PROPERTY BOUNDARIES 11. Miles of roads to be constructed: NONE 12. Life of Mine (years) : 20 YEARS 13. Description of Operation and Reclamation -- Additional sheets may be attached (Exhibits B & E-MLR) A MINING OPERATOR: SURFACE SAND AND GRAVEL MINING USING EARTH MOVING EQUIPMENT AND "DRY MINING" BY DEWATERING WITH PERIMETER TRENCHES PUMPING SUMP AND NPDES DTcCwkPGE TO BOLDER CREEK. APPROXIMATELY 70 ACRES AT SE CORNER WILL BE SITE OF PROCESSING EQUIPMENT. ASPHALT BATCH PLANT. CONCRETE BATCH PLANT AND OFFICES (ALSO ENTRANCE/EXIT). B RECLAMATION: MINIMUM = MINE @ 3:1, GRADE, SEED AND CREATE OPEN LAKE; MAXIMUM = SEALED WATER STORAGE RESERVOIR INSIDE A SLURRY WALL. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C.) This will ex edite processing. Your cooperation is appreciated. 1- Haley & Aldrich, Inc. 15, Prep by: 1600 Broadway, Suite 1125 Date: 17 February 1994 Alan L. Howard Denver, CO 80202 ��.. Pag9`YVJCi3 MINED LAID WILDLIFE STATEMENT/EVALUATIOt. ‘Revised) for limited impact and select regular mine applications e following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: Cooley Gravel Co. , "Longmont Operation" SE 1/4, Sw 1/4, Sec 9 and NW 1/4, Sec 16, & E 1/2 NE,1/ Name/Type and Location of Mine (Legal) Sec 17, T2N, R68W Weld County Wildlife Species list: Deer, beaver, muskrat, coyote, fox, skunk, raccoon, waterfowl, rabbits, shorebirds, pheasant, dove, raptors, 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 for wildlife - area is under irrigated cultivation at the present time Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . Overburden should be salvaged and maintained until mining is completed. Since the plan calls for sealed water storage, topsoil should be placed in upland areas to be reseeded to SCS specifications. Prepared By: 42,24,1 A Date: a9/.21/94 7` Submitted By: Date: This statement is void if not processed within 1 year. This analysis does not constitute approval of application. SA.0568 368 Pn c.> .. L X. EXHIBIT I - SOILS INFORMATION The soils information provided to satisfy DMG requirements for Exhibit I includes general U.S. Department of Agriculture (USDA) Soil Conservation information. Site-specific geotechnical boring log data collected by Cooley to evaluate the reserve potential of the property also exists, but it is not included for reasons of corporate confidentiality. The following summary of soils information is supported by data excerpted from the USDA Soil Conservation Service "Soil Survey of Weld County, Colorado, Southern Part", dated September 1980. Figure C-1 includes an insert that shows the property outline superimposed on a map base from Sheet No. 20 of the referenced UDSA Soil Survey. This mapping indicates only three soil map units for the property: "3 - Aquolls and Aquents, gravelly substratum", "4 - Aquolls and Aquepts, flooded", and "10 - Bankard sandy loam, 0 to 3 percent slopes". The first two mapped soil units are deep, poorly drained soils formed in recent alluvium. The latter is a deep, well drained soil formed in stratified recent alluvium along streams and rivers. The distribution of the occurring mapped soil units is shown on an inset map on Figure C-1, Exhibit C - Premining Plan, and detailed descriptions of the units are provided on the following pages. The property has been drilled by Cooley and by others at an average boring density of approximately one boring per every six acres. The site-specific boring information is considered confidential by Cooley, but can be made available to DMG on that basis if necessary. 25 16A 940568 SOIL SURVEY INFORMATION FOR COOLEY GRAVEL COMPANY "LONGMONT OPERATION" 26 94,0568 S SOIL SURVEY filter the 1 chate. Sew e lagoo re ire sealing. 60 percent of the a Aquents, which have a lighter Lawns, sh s, and tree grow well. �;ap ility subclas colored surface layer, ..,ake up about 35 percent. About 5 IIs 'rr'ga percent is Aquepts and Bankard sandy loam. 2—AI an loam, 1 3 percent slo s. This is ( ep, These are deep, poorly drained soils that formed in well d fined soil on rraces at eleva ' ns of 4,500 t 4,900 recent alluvium. No one pedon is typical. Commonly the t formed i old alluvium d osited by th major soils have a mottled, mildly alkaline to moderately al- is. Included ' mapping are all areas of oils that kaline loamy or clayey surface layer and underlying w evidence f poor drainag Also include are small, material and are underlain by sand or sand and gravel 4/ and narr w areas of sand nd gravel de sits. within 48 inches. In places they have a gleyed layer in the Typically he surface laye of this Altva soil is grayis underlying material. brown lo• about 10 inc s thick. The ubsoil is bro n Most of the acreage is subject to flooding. The water and fig yellowish brow clay loam a sandy clay am table is at or near the surface early in spring and recedes about 4 inches thick. e substratu is calcareous oamy to as deep as 48 inches late in fall in some years. sari about 5 inches t ck over gray y sand. These soils are used for rangeland and wildlife habitat. ermeability a available water cap• ity are Some small areas have been reclaimed by major drainage oderate. The of ctive rootin epth is 20 40 inches. and leveling and are used for irrigated crops. 'urface runoff i medium,and e erosion h and is low. The potential native vegetation is dominated by alkali This soil is sed almost e irely for i ' ated crops. t sacaton, switchgrass, and western wheatgrass. Saltgrass, is suited to crops corn my grown i he area, in d- sedge, rush, and alkali bluegrass are also prominent. ing corn, s gar beets, be s, alfalfa, s II grain, po toes, potential production ranges from 3,000 pounds per acre in and onio . An exampl of a suitable ropping sys In is 3 favorable years to 2,000 pounds in unfavorable years. As to 4 y rs of alfalf followed by orn, corn f r silage, range condition deteriorates, the switchgrass, alkali sugar beets, small in, or bea s. Land ley ing, ditch sacaton, and western wheatgrass decrease and saltgrass, lini g, and install' g pipelines ay be need for proper sedge, and rush increase. ter applicatio . All method of irrigation are suitable but furrow r- Management of vegetation should be based on taking rigation is t most corn n. Barnya anure and om- half and leaving half of the total annual production. Seed- mercial fe 'lizer are nee ed for top y' Ids. ing is difficult and costly because numerous tillage prac- Windb aks and en ronmental antins of t es and tices are required to eliminate the saltgrass sod. Switchgrass, western wheatgrass, alkali sacaton, tall shrubs ommonly gr wn in the ea are gen ally well su3k to this so'. Cultivatio to contro competing wheatgrass, and tall fescue are suitable for seeding. They can be seeded into a clean, ye tation shoul be continu d for as fly years a firm seedbed. Seedbed preparation usually requires more than 1 year to ible follow' planting. ees that are st suited a good s ival are R y Mountai juniper, eas rn eliminate the saltgrass sod. A grass drill should be used. redcedar, p derosa pine iberian el Russian-oliv , and Seeding early in spring has proven most successful. hackberry he shrubs est suited skunkbush umac, Wetland wildlife, especially waterfowl, utilize this unit. lilac, Sib 'an peash and Amen n plum. The wetland plants provide nesting and protective cover, as well as some food. The nearby irrigated cropland, This oil can pr ce habitat ements that re highly suita e for open) d wildlife ' eluding phe ant, cotton- where wildlife obtain much of their food and find protec- tai and mourn' g dove. Suc crops as w at, corn, an tive cover, makes this unit valuable to both wetland and alfa provid suitable h itat for o nland wildl' e, openland wildlife. specially easant. Tr and shru plantings and Openland wildlife, especially pheasant, use this unit for undisturbe nesting coy r would en nce openla wil- cover and nesting. Deer find excellent cover in some dlife pop ations. areas. This Itvan soil s fair to go d potential or urban These valuable wildlife areas should be protected from and r reational d elopment. T chief limit' g soil fea- fire and fenced to prevent encroachment and overuse by tur for urban velopment e the shrin swell poten- livestock. They should not be drained. ti• of the sub oil as it we and dries and the rap' These soils have good potential as a source of sand and ermeability the sand d gravel s stratum. S tic gravel. Capability subclass VIw; Salt Meadow range site. tank absorp on fields fu ion properl , but in plat the 4—Aquolls and Aquepts, flooded. This nearly level substratu does not c Cain enou fines to operly map unit is in depressions in smooth plains and along the filter t leachate. ewage lag ns require sealing. bottoms of natural drainageways throughout the survey Lawns shrubs, and rees grow ell. Capabili subclass area. Aquolls, which have a dark colored surface layer, Ile i 'gated. make up about 55 percent of the unit. Aquepts, which 3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about 25 nearly level map unit is on bottom lands and flood plains percent. About 20 percent is soils that are well drained of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 48 inches of which have a dark colored surface layer, make up about the surface. 940568 1 I WELD COUNTY, COLORADO, SOUTHERN PART These are deep, poorly drained soils that formed in If stir er fallow° in altern: • years, t soil is wet recent alluvium. No one pedon is typical. Commonly the suited o winter eat, burl y, and so ghum. Win r soils have a mottled, mildly to moderately alkaline loamy whe• is the prin pal crop. T e predicte average yi is or clayey surface layer and underlying material that ex- 33'eat can b seeded. crally ushels e r acre. If t crop is pr ipitationrll is d oo ring low or atbe ci use of fe izer. tends to a depth of 60 inches or more. In places they have a gleyed layer in the underlying material. Stubble ulch fa g, striper ping, and nimum til- Most of the acreage is subject to excessive runoff. The water table is at or near the surface in spring and during lage are ceded to ntrol soil owing and ater erosion. the peak of the irrigation season. Terra . g also ma be neede o control w er erosion. These soils are used for rangeland and wildlife habitat. T potential native ve Cation on t is range sit is Some small areas are irrigated pasture. do inated by sand blue em, sand r grass, and lue The potential native vegetation is dominated by ama. Ne leandthre , switchgr s, sideoats rama, switchgrass, prairie cordgrass, saltgrass, alkali sacaton, and west wheat s are als prominent. otential big bluestem, indiangrass, western wheatgrass, slender producti ranges f om 2,200 po nds per acre n favora- wheatgrass, sedge, and rush. Cattails and bullrush grow ble ye s to 1,800 unds in u avorable ye . As range in the swampy spots associated with these range sites. cond. ion deteri ates, the sa bluestem, s d reedgrass, an switchgra decrease a d blue gram• sand dropsee , Potential production ranges from 4,000 pounds per acre in d sand sa increase. nual weeds d grasses inv de favorable years to 3,000 pounds in unfavorable years. As the site as ange condit n becomes p rer. range condition deteriorates, the tall and mid grasses Mana ment of ve Cation shoul be based o king decrease, production drops, and saltgrass, sedge, and rush half a leaving hal of the total nual product n. Seed- increase. The farming and irrigation in adjacent areas has ing • desirable i the range i in poor con ' ion. Sand increased the amount of salts on much of the acreage. bl stem, sand eedgrass, s tchgrass, sid oats grama, Management of vegetation on this soil should be based e grams bescent wh tgrass, and ested whea on taking half and leaving half of the total annual produc- grass are s ' ble for see ng. The gras selected sh d tion. Switchgrass, big bluestem, indiangrass, western meet the asonal req ' ements of li stock. It c be wheatgrass, pubescent wheatgrass, intermediate wheat- seeded ' to a clean, f sorghum ubble, or it an be grass, tall wheatgrass, and tall fescue are suitable for drilled into a firm repared see ed. Seeding arly in • seeding. The plants selected should met the seasonal spri has proven ost successfu requirements of livestock. For successful seeding, a firm indbreaks a environmen plantings generally prepared seedbed is needed. A grass drill should be used. ited to this oil. Soil blow' g, the prin ' al hazard in Seeding early in spring has proven most successful. Til- establishing es and sh s, can be c trolled by c - lage is needed to eliminate the undesirable vegetation. tivating o in the tree w and by eaving a stri of Wetland wildlife, especially waterfowl, utilize this unit. vegetatio between t rows. Sup emental irri ation The wetland plants provide nesting and protective cover may b needed at t time of pl ting and dur' g dry as well as some food. The nearby irrigated cropland, peri .Trees that e best sui and have g survival where wildlife obtain much of their food and find protec- are ocky Moun juniper, e rn redcedar ponderosa tive cover, makes this unit valuable to both wetland and p e, Siberian m, Russian 've, and h berry. The openland wildlife. , rubs bests • ed are skun ush sumac, ' ac, and Siberi- Openland wildlife, especially pheasant, use this unit for an peashrub cover and nesting. Deer find excellent cover in some Wildlife ' an imports t secondary e of this soil. he areas. These valuable wildlife areas should be protected cropland reas provid favorable ha tat for ring- eked from fire and fenced to prevent encroachment and pheasa t and mou ' g dove. Man nongame spe es can overuse by livestock. They should not be drained. Capa- be a racted by es blishing are' for nesting a d escape bility subclass VIw; Aquolls in Salt Meadow range site, coy r. For phea nts, undistur nesting coy is essen- Aquepts in Wet Me dow range site. t' I and shoul e included i plans for ha t develop 5— talon sa y loam, It 3 percent sl es. This is ent. Range nd wildlife, f example, th ronghorn a a de , well dr ' ed soil on lands at elev ions of 4,600 telope, can e attracted b developing Ii estock water If to ,200 feet formed in luvium. Intl ed in mappi facilities, managing Ii stock grazi , and rese inl • e small ar as of rock o crop. where eded.Typical) the surfac ayer is brow sandy loam out Fe areas of this scalon soil ar in major gr th am 10 inch thick. The ubsoil is pal rown and y owish urb• ized centers. he shrink-sw I potential the sub brow sandy clay am about 15 inches thick. he sub- s as it wets a d dries is the ost limitin• .oil featun stra m to a dep of 60 inche is calcareous me sandy at must be nsidered in anning home tes and co Io structing ro• s. Capability subclass II nonirriga d Permeabilit is moderate Available w• er capacity ' Sandy Plai range site. high. The ective rooti depth is 60 inches or m e. 6—Asc on sandy los , 3 to S per ent slopes. his i Surface r off is slow a d the erosion azard is low. a deep, ell drained s on uplands t elevation: of 4.60 i 9405GS 12 SOIL SURVEY This s has goo( otential r Jan an recreational Wildlife is an in, rtant secondary use of this soil. The develo ent. Incr sed popu Lion growl in the curve cropland areas provide favorable habitat for ring-necked area as resulte n increas d homesite nstruction. T e pheasant and mourning dove. Many nongame species can chi limiting s ' features or urban d elopment ar he be attracted by establishing areas for nesting and escape 'i nk-swell p tential of he subsoil • it wets and dries cover. For pheasants, undisturbed nesting cover is essen- id the limi d ability this soil to upport a lose Septic tial and should be included in plans for habitat develop- /tank absor tion field function pr perly, but c munity ment, especially in areas of intensive agriculture. Range- sewage s stems sh Id be provi d if the pop ation den- land wildlife, for example, deer and antelope, can be at- sity in eases. Be .use of the oderately r id permea tracted by managing livestock grazing and reseeding bility f the sub ratum, sew ge lagoons st be seal . where needed. Law s, shrubs and trees ow well. Ca ility sub ass This soil is not suited to urban or recreational develop- II irrigated. ment because of the flood hazard. Capability subclass 10—Bankard sandy loam, 0 to 3 percent slopes. This lVw 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— resser s idy loam, to 1 perc t slopes. is is stratified recent alluvium along streams and rivers. In- a de , well dr ned soil on erraces a elevations f 4,700 eluded in mapping are numerous sand and gravel bars to 800 fee It formed in alluviu deposite by the and small areas of noncalcareous soils. S uth Platt River. Inc ded in m ping are mall area Typically the surface layer of this Bankard soil is f soils t t have sa and gra elly sand ' the low r brown sandy loam about 4 inches thick. The underlying part of t e substrat material to a depth of 60 inches is pale brown calcareous sand stratified with thin lenses of sandy loam, loam, and Iin the su ace layer i grayish b wn sandy fish fine gravel. abou 11 inches t ick. The s soil is br n and y owsh bro n sandy c y loam a ut 19 inc es thick. a sub- Permeability is moderately rapid. Available water capacity is low.The effective rooting depth is 60 inches or st atum to a pta of 60 ' ches is lo y sand. more. Surface runoff is slow, and the erosion hazard is Permeabil' y and vailable ter ca ainc are low. moderate. he effect' e rootin depth is 0 inches r This soil is suited to limited cropping. It is sandy and more. S ace runo is slow, nd the erosion hazar is subject to flooding. Pasture is the best use. Tall wheat- low. / grass, tall fescue, and annual sweetclover are some of the Thi soil is us almost e tirely for/irrigated p' tec ps. It is s ted to all raps corn my grow in the are includ- most suitable crops. Light, frequent irrigation by furrows f and flooding is best. Commercial fertilizer improves the in corn sug beets be s, alfalfa mall potatoes mount and value of forage produced. d onions. n exampl of a suita e croppin ystem is?' The potential native vegetation is dominated by o 4 ye of alfalf followed corn, co for sila e, switchgrass, indiangrass, sand bluestem, sand reedgrass, sugar be small in, or be s. Few co ervation c- sideoats grama, needleandthread, and blue grama. Much tices ar needed maintain p yields. ir- of this range site includes other soils and vegetation in All es the irrigatio ' are suita e, but fu w such a complex pattern that it is difficult to map them m ion is the ost com n. Barnya manure d com- separately. Potential production ranges from 2,500 pounds m ial fertir er are nee ed for top fields. per acre in favorable years to 1,500 pounds in unfavorable Windbre s and en ' nmental lantings e generally years. As range condition deteriorates, the tall and mid suited to is soil il blowin the princ' al hazard i grasses decrease; blue grama, sand dropseed, and forbs establis ' g trees d shrubs, can be co rolled by c - increase; and forage production drops. Undesirable weeds tivatin only in t e tree ro and by 1 ving a stri of and annuals invade the site as range condition becomes vege tion bet en the r ws. Suppl mental irri tion poorer. ma be neede at the ti a of plan ' g and duri g dry Management of vegetation should be based on taking p 'ods. Tree that are st suited d have good urvival half and leaving half of the total annual production. Seed- re Rocky ountain j iper, east redcedar, onderosa ing is desirable only in areas large enough to interseed or pine, Sib 'an elm, ussian-oli , and hac rry. The to prepare a seedbed. Switchgrass, sand bluestem, sand shrubs st suited skunkb sumac, lil , and Siberi reedgrass, sideoats grama, little bluestem, blue grama, pu- an pea rub. bescent wheatgrass, and intermediate wheatgrass are W' life is a importan secondary e of this oil. suitable for seeding. This soil can be seeded by using an Ri -necked easant, m urning dove and many on- interseeder or a firm, clean sorghum stubble. A grass drill g e specie can be at cted by es blishing ar for is required. Seeding early in spring has proven most suc- esting an escape c er. For p asants, un sturbed cessful. nesting c er is esse ial and sho be include in plans This soil is generally not suited to the establishment for habi t develop ent, especia y in areas intensiv and growth of trees and shrubs. Onsite investigation is agricu ure. needed to determine feasibility and possible tree and T ' soil has od potential or urban a d recreat' nal shrub species. dev lopment. wns, shrub , and trees ow wel The TABLE 5.--YIELDS PER ACRE OF IRRIGATED CROPS (All yields were estimated for a 5h level of management in 1975. Abser. .3f a yield figure indicates the crop is seldom grown or is no., suited] 1 Soil name and Beans, map symbol Alfalfa hay Sugar beets Corn Corn silage dry pinto ; Onions Potatoes ' ] Ton Ton Bu rTon Lb r - k Cwt - i 1, 2 Altvan 5.0 23 160 33 2400 525 325 _ 1 3 ___ ___ I Aquolla --- -"" 4 I __ ___ ___ --- --- _"'Aquolls • 5 ___ ___ --- --- Ascalon 6 ___ ___ ___ ___ ___ ___ Ascalon 7 ___ ___ ___ _ ___ Ascalon ""- 8 5.5 24 180 35 2700 550 350 {, Ascalon t 9 5.5 23 160 33 2400 525 325 Ascalon 10 2.5 '"- 50 --- Bankard 11 5.5 24 180 35 2700 550 350 Bresser 12 5.5 23 160 33 2400 525 325 Bresser , -- 8 14 g 5.5 24 180 35 2700 --- ___ } Colby I 15 5.5 23 160 33 2400 --- ___ 1 Colby ] 16 4.0 18 100 23 1800 t Colby 17 3.0 --- 80 20 --- --- --- ] Colby 18 ___ ___ ___ ___ Colby --- --- --- 19' 5.5 24 170 35 2700 550 350 i Colombo 20' 5.5 23 160 33 2400 525 325 Colombo 21 5.5 26 170 33 2400 525 325 Dacono 22 5.5 25 150 30 2400 525 325 Dacono 23 5.5 24 180 35 2700 550 --- Fort Collins See footnote at end of table. e 1 1rAAY In ir1 jyk 9405€ 8 i.. ,'Rt' 1. . ,•.0,:, +7.�f. 1 � ti,. y� '•f'i ','y^{.•� f ': H } -Y }�' , , 1 •u�y' " .4 '� _�,..i -..... ��,�?. • ! h4 Any ?F"d"nytt�p' . -e ...'.<:rn au 'ut• ' 'I��w 'h. 100 SOIL SURVEY i TABLE 6.--BUILDING SITE DEVELOPMENT _ f E (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] t yy Soil name and Shallow Dwellings ; Dwellings Small Local roads map symbol excavations without i with commercial and streets basements basements buildings Y1, 2 Severe: Moderate: ,Moderate: ' Moderate: Moderate: Altvan cutbanks cave. shrink-swell. I shrink-swell. shrink-swell. shrink-swell, frost action. v. 3a: Aquolls Severe: Severe: ;Severe: Severe: Severe: floods, floods, ; floods, floods, floods, wetness. wetness. I wetness. wetness. wetness, frost action. Aquents Severe: Severe: ,Severe: Severe: Severe: floods, floods, I floods, floods, floods, wetness. wetness. ' wetness. wetness. wetness, frost action. 4*: , Aquolls Severe: Severe: Severe: Severe: Severe: 4 floods, floods, floods, floods, floods, wetness. wetness. wetness. wetness. wetness, frost action. 4 qq Aquepts Severe: Severe: Severe: Severe: Severe: T floods, floods, floods, floods, floods, t wetness. wetness. wetness. wetness. wetness, frost action. 5 Slight Moderate: Moderate: Moderate: Moderate: Ascalon low strength. low strength. low strength. frost action, low strength. ? Slight ,Moderate: Moderate: Moderate: Moderate: g..calon i 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. 10 Severe: Severe: Severe: Severe: Severe: Bankard cutbanks cave, floods. floods. floods. floods. floods. 11, 12 Slight Slight Slight Slight Moderate: Bresser frost action. 13 Severe: Moderate: Moderate: Severe: Moderate: t Cascajo cutbanks cave, slope. slope. slope. slope. small stones. , 14, 15 Slight Slight Slight Slight Moderate: . Colby low strength. 16, 17 Slight Slight Slight Moderate: Moderate: r Colby slope. low strength. i 18v: Colby Slight Slight Slight Moderate: Moderate: slope. low strength. 1111 Adena Slight Moderate: Moderate: Moderate: Moderate: low strength. low strength. low strength, low strength. slope. See footnote at end of table. i • • �n?r 940565 Tr a'T'4 'il n'�I .I�wr, l 1 . „ '4 1W�'fl IIjF II�kP'�I'S I ]{ r��. x4 I�r�f>• t .r ll 1 1�I n �-.0 e� ' ffl .P r�p I r , " ) rah , t]r tF irto .r7�hi' '.1 li;Der i I • 1 ii �.4l.'1: • 'TIf ., iY W r yy. e.y!,. pa il: IM6� ( � .u•41 w.. .,� 'i�, , I 1 '. A4+.i�-"s. .5_.a n ] ' rn i ' V I F.Fr. I.I �i'A.,ilu 4'd. Lil ( I ° . .`"n...,u ' ..air, . . 104 SOIL SURVEY TABLE 7.--SANITARY FACILITIES (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," "good," "fair," and other terms used to rate soils. Absence of an entry means soil was not rated] Soil name and Septic tank Sewage lagoon Trench Area Daily cover map symbol absorption areas sanitary sanitary for landfill fields landfill landfill 1, 2 Slight Severe: Severe: Slight Fair: I Altvan seepage. seepage. thin layer. 3': Aquolls Severe: Severe: Severe: Severe: Poor: floods, floods, floods, wetness. wetness. wetness. wetness. wetness. Aquents Severe: Severe: Severe: Severe: Poor: floods, floods, floods, wetness. wetness. wetness. wetness. wetness. t{I qa: I 'i Aquolls Severe: Severe: Severe: Severe: Poor: floods, floods, floods, wetness. wetness. i wetness. wetness. wetness. Aquepts Severe: Severe: Severe: ' Severe: Poor: d floods, floods, floods, wetness. wetness. wetness, wetness, wetness. 5, 6 Slight Severe: Severe: Severe: Good. Ascalon seepage. seepage. seepage. 7 Slight Severe: Severe: Severe: Good. Ascalon slope, seepage. seepage. seepage. Q- 9 Slight Severe: Severe: Severe: Good. 'talon seepage. seepage, seepage. IQ Severe: Severe: Severe: Severe: Bankard floods. floods, floods. Fair: . too sandy. seepage. seepage. IT, 12 Slight Severe: Severe: Severe: Good. Bresser seepage. seepage. seepage. 13 Moderate: Severe: Severe: Severe: Poor: Cascajo slope. slope, seepage. seepage. small stones. seepage, small stones. 1 , t6 Slight Moderate: Slight Slight Good.Colby seepage. 17 Slight Severe: Slight Slight Good. Colby slope. 18a: Colby Slight Severe: Slight Slight Good. slope. Adena Moderate: Moderate: Slight Slight Good. percs slowly. seepage, •- slope. 19 Moderate: Severe: Moderate: Moderate: Good. Colombo floods. floods. floods. floods. 20 Slight Moderate: Slight Slight ' ;Good. Colombo slope, seepage. . See footnote at end of table. 9405£8 • I!,i•� ! yF '. d t i,ii fi N �•. ,u i'�Mr�{i�e��1•n }} 't Y� Ai 'tYr--�,'-`�.. y ' �I` ..ro.. a n. 11 '.rnlwwL La ill .i iyw.dri7wrkh iMik ... ..... •it's ' ?..k'' r .�i.. -' ..rv<-ySt ' a' I 108 SOIL SURVEY TABLE 8.--CONSTRUCTION MATERIALS x-Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. See text for definitions of "good," "fair," "poor," and "unsuited." Absence of an entry means soil was not rated] I t Soil name and Roadfill Sand Gravel Topsoil t map symbol 1. 1, 2 Good Fair: Fair: Fair: Altvan excess fines. excess fines. thin layer. t 3a: Aquolls Poor: Good Fair: Poor: i wetness, excess fines. wetness. frost action. Aquents Poor: Good Fair: Poor: j wetness, excess fines. wetness. frost action. ae: Aquolls Poor: Unsuited Unsuited Poor: wetness, wetness. frost action. ' Aquepts Poor: Unsuited Unsuited Poor: , wetness, wetness. frost action. 5, 6, 7, 8, 9 Fair: Poor: Unsuited Good. Ascalon low strength, excess fines. frost action, shrink-swell. 1,0 Fair: Fair: Unsuited Poor: nkard low strength. excess fines. too sandy. ii, 12 Fair: Poor: Unsuited Fair: Bresser frost action. excess fines. small stones. 13 Good Good ,Good Poor: Cascajo i small stones. 14, 15, 16, 17 Fair: Unsuited ;Unsuited Good. Colby low strength. i 18": Colby Fair: Unsuited :Unsuited Good. low strength. Adena Fair: Unsuited Unsuited Fair: low strength. too clayey. 19, 20 Fair: Unsuited Unsuited Fair: Colombo low strength, too clayey. frost action. 21, 22 Good Good Good Fair: Dacono too clayey. 23, 24 Fair: Unsuited Unsuited Good. Fort Collins low strength. 25, 26 Fair: Unsuited Unsuited Good. Haverson low strength. 27, 28 Poor: Unsuited Unsuited Poor: Heldt . shrink-swell, too clayey. I low strength. See footnote at end of table. 940569 3kiwoBSSii:llutla,a.,tuf,ilr;,uw.:,:...xuw+n._....kwLi. ; u.,•cllllrrvon..n w,Z.T.„,.. '°"' - .; i WELD COUNTY, COLORADO, SOUTHERN PART 111 ^III',. TABLE 9.--WATER MANAGEMENT 'III Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. Absence , II' of an entry means soil was not evaluated] • i' , Soil name and Pond : Embankments, Drainage 1 Irrigation Terraces rc �l waterways jll map symbol reservoir ; dikes, and 'I areas levees diversions II t 2 Seepage ;Thin layer Favorable ;Favorable Rooting depth Rooting depth. I Altvan e5 i Aquolls Floods, :Floods, Wetness Wetness. II 1 poor outlets. 1 wetness. ,� I Aquents Floods, 'Floods, Wetness Wetness. .,,' poor outlets. wetness. I i i,, N: Aquolls Floods, Floods, Wetness Wetness. poor outlets. wetness. Floods, Floods, Wetness Wetness. Aquepts poor outlets. wetness. Seepage, Piping, Slope Slope, Erodes easily, Erodes easily. '�. I 5 erodes easily. piping. 1'�� Ascalon slope. low strength. I'' 5 Seepage, Piping, Slope Slope, Erodes easily, Erodes easily, II Ascalon slope. low strength. erodes easily. piping. slope. Seepage, Slope Slope, Erodes easily, Erodes easily, h 7 Piping,w erodes easily. piping, slope. 'Ion slope. , low strength. slope. 8 Seepage, :Piping, Favorable Favorable Erodes easily, Erodes easily. Ascalon slope. 1 low strength. piping. 9 Seepage, ,Piping, Slope Slope, Erodes easily, Erodes easily. Ascalon slope. 1 low strength. erodes easily. piping. 10 Seepage ;Piping, Cutbanks cave, Droughty, Erodes easily, Droughty, Bankard 1 seepage, floods, floods, piping. erodes easily. 1 erodes easily. poor outlets. seepage. I Erodes easily. I 11 Seepage 'Favorable Favorable Droughty Epipingeasily, Dresser 12 Seepage, ;Favorable Slope Slope, Erodes easily, Erodes easily. Dresser slope• erodes easily. piping. Slope, Complex slope, Droughty, 13 Cascajo Seepage, Seepage Slope droughty. piping, slope. slope. too sandy. 14 Seepage Low strength, Favorable Favorable Favorable Favorable. Colby piping. 15 Seepage Low strength, Favorable Favorable Favorable Sope, easily. Colby piping. l 16, 17 Seepage Low strength, Slope Slope, Favorable Slope, Colby piping. erodes easily. erodes easily. 1841: ' Favorable Slope, Colby Seepage :Low strength, Slope Slope, 1 piping. erodes easily. erodes easily. Low strength, Slope, Slope, Slope, Slope, �dena Slope, percs seepage. piping. peres slowly. percs slowly. piping.ng. slowly. Seepage Low strength, Floods Favorable Erodes easily Erodes easily. Colombo compressible. , See footnote at end of table. 940568 116 SOIL SURVEY 6 !ABLE 10.--RECREATIONAL DEVELOPMENT 1 (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] tl Soil name and Camp areas Picnic areas Playgrounds Paths and trails map symbol 1 Slight ' Slight Slight Slight. Altvan 7 i 2 Slight Slight Moderate: Slight. f Altvan slope. 3": . i Aquolls Severe: Severe: Severe: Severe: wetness, wetness, wetness, wetness, j floods. floods. floods. floods. Aquents Severe: Severe: Severe: Severe: ; wetness, wetness, wetness, wetness, i floods. floods. floods. floods. 1 I 4": Aquolls Severe: Severe: Severe: • Severe: wetness, : wetness, wetness, wetness, floods. I floods. floods. floods. Aquepts Severe: ;Severe: Severe: Severe: { wetness, I wetness, wetness, wetness, floods. I floods. floods. floods. 5, 6 Slight :Slight Moderate: ' Slight. Ascalon slope. 7 Slight :Slight Severe: Slight. Ascalon slope. E - Slight :Slight Slight Slight. .ion 9 Slight Slight Moderate: Slight. Ascalon slope. • 10 Severe: Moderate: Severe: Slight. Bankard floods. floods, floods. I too sandy. 11 Slight Slight Slight Slight. Bresser 12 Slight Slight Moderate: Slight. Bresser slope. 13 Moderate: Moderate: Severe: Moderate: Cascajo slope, slope, slope, small stones. small stones. small stones. small stones. 14 Moderate: Moderate: Moderate: Moderate: Colby dusty. dusty. dusty. dusty. 15, 16 Moderate: Moderate: Moderate: Moderate: Colby dusty. dusty. slope, dusty. dusty. 17 Moderate: Moderate: . Severe: Moderate: Colby dusty. dusty. slope. dusty. 18": • Colby Moderate: Moderate: Severe: Moderate: dusty. ' dusty. slope. dusty. See footnote at end of table. LA), 940568 :,.,,I, •, r,,; '�.' ' �Il �bGalhi iwurilii ≥ ili iltluilollill ,,_��ttr�jiH •� e)f �! � �� ; ', � � �i l, n l i �� (liulthitHtliligitithBiitiliUl33iilililiUNl3dlailiiliu:1;u WELD COUNTY, COLORADO, SOUTHERN PART 121 TABLE 11.--WILDLIFE HABITAT POTENTIALS (See text for definitions of "good," "fair," "poor," and-"very poor." Absence of an entry indicates the soil was not rated) Potential for habitat elements Potential.as habit at for-- Soil name and : 1 Wild map symbol Grain : Grasses ; herba- Shrubs Wetland Shallow Openland Wetland Rangeland and seed and ceous plants water wildlife wildlife wildlife crops" legumes plants r areas r---_ 1, 2 Good Good Fair Fair Poor Very poor Good Very poor Fair. Altvan 3 A Poor Poor Good Fair Good Good Fair Good Fair. Aquolls Aquents Poor Poor Good Fair Good Good Fair Good Fair. µa: Aquolls Poor Poor Good Poor Good Good Fair Good Fair. Aquepts Poor Poor Good Poor Good Good Fair Good Fair. 5 6 Good Good Fair Fair Poor Very poor Good Very poor Fair. Ascalon 7 Fair Good Fair Fair Poor Very poor Fair Very poor Fair. Ascalon 8, 9 Good Good Fair Fair Poor Very poor Good Very poor Fair. Ascalon 10 Poor Fair Fair Fair Poor Very poor Fair Very poor Fair. Bankard 11, 12 Good Good Fair Fair Poor Very poor Good Very poor Fair. Bresser 13 Very poor Very poor Fair Fair Very poor Very poor Poor Very poor Fair. Case a,lo 1µ, 15 Good Good Fair Fair Poor Very poor Good Very poor Fair. Colby 16, 17 Fair Good Fair ,Fair Poor Very poor Fair Very poor Fair. Colby 18': Colby Fair Good ;Fair ;Fair Poor Very poor Fair Very poor Fair. Adena Fair Good ;Fair Fair Poor Very poor Fair Very poor Fair. 19, 20 Good Good Fair Fair Poor Very poor Good Very poor Fair. Colombo 21, 22 Good Good Fair ,Fair Poor Very poor Good Very poor Fair. Dacono 23, 2µ Good Good Fair :Fair Poor Very poor Good Very poor Fair. Fort Collins 25, 26 Good Good Fair ;Fair Poor Very poor Good Very poor Fair. Haverson • 27 ;Fair Fair Poor :Poor Poor Poor Fair Poor Poor. Heldt 28 :Fair Fair Poor :Poor Poor Very poor Fair Very poor Poor. Heldt 29 :Good Good Fair :Fair Poor Very poor Good Very poor Fair. J JulesDurg ; ' 30 :Good :Good ,Fair :Fair Poor Very poor Good Very poor Fair. Julesburg See footnotes at end of table. 940568 124 SOIL SURVEY TABLE --ENGINEERING PROPERTIES AND CLASSIFY TONS [The symbol < means less than; > means greater than. Absence of an entry means data were not estimated] Classif cation Frag- Percentage passing i3:. name and Depth USDA texture ments sieve number-- Liquid : Plas- sp symbol Unified AASHTO > 3 limit 1 ticity • inches 4 10 40 200 1 index In 1 Pct Pct 1, 2 0-10:Loam CL-ML A-4 0 90-100 85-100 60-95 50-75 1 20-30 : 5-10 Altvan 10-25:Clay loam, loam CL A-6, A-T 0 95-100 95-100 85-100 70-80 1 35-50 1 15-25 25-60:Sand and gravel SP, SP-SM A-7 0 75-95 70-90 25-35 0-10 : NP 3a' --' --- --- --- --' 0-48:Variable ' Aquolls -S- --- --- 48-50;Sand, gravelly SP, SP-SM A-1 0-10 :60-90 50-70 ,30-50 0-10NP : sand. Aquents 0-48:Variable --- --- --- --- ' --- 48-60 Sand and gravel SP, SP-SM A-1 0-10 ;60-90 50-70 30-50 1 : 0-10 1 --- NP 4s, Aquolls 0-60 Variable --- ' --- --- ' ' AqueDts 0-60 Variable --- --- --- ' --- --- : --- --- : --- --- : , 1 5, 6, 7 0-8 Sandy loam SM A-2, A-4 0 :95-100:90-100:70-95 25-50 : 15-25 NP-5 Ascalon yloam,loam SC, CL A-6 0 :95-100190-100:80-100 40-55 20-40 A-4, A-6 0- :95-100:95-100:75-95 35-65 10-20 8-18 Sand clay 1 20 40 18-60 Sand SC, 5-15 sandy clay SM-SC, : loam, fine CL, : : sandy-loam. CL-ML : : 1 8, 9 0-8 Loam SM A-2, A-4 0 :95-100190-100170-95 25-50 , 15-25 NP-5 Ascalon 8-18 Sand clay yloam,loam SC, CL A_ 0 10-20 4, A-6 0 :95-100:95-100175-95 35-65 1 20-40 18-60 Sand 5-15 sandy clay SM-SC, : ; loam, fine CL, I ' sandy loam. CL-ML : 11, 0-4 Sandy loam SM A-2, A-4 0 95-100 90-100 60-70 30-40 I --- 1 NP 'ard 4-60 Fine sand, sand, SP-SM, SM A-2, 1 0-5 70-100 60-100 40-70 5-25 1 I gravelly sand. A-3, A-7 il , 12 0-16 Sandy loam SM A-1, A-2 0 95-100 75-100:35-50 120-35 15-25 : NP-5 Dresser 16-25 Sandy clay loam SC A-2, : 0 95-100 75-100:50-70 :30-50 30-55 1 10-25 A-6, : : 1 A=7 : ' 25-30 Sandy loam, SC, SM-SC A-2, A-1� 0 90-100 60-100130-60 :20-30 25-35 : 5-15 coarse sandy • loam, gravelly sandy loam. . 30-60 Loamy coarse SP-SC A-2, A-7 0-5 80-100:35-85 20-50 5-10 20-30 5-10 sand, gravelly loamy sand, very gravelly loamy sand. : 13 0-9 Gravelly sandy GM A-1, A-2 0-15 50-65 ;50-60 15-40 70-35 : --- NP Cascajo loam. ' 9-31 Very gravelly GP-GM, A-1 0-15 115-50 :15-50 5-30 0-20 i --- NP sandy loam, GP, GM very gravelly 1 1 loamy sand, 1 ' very gravelly ' sand. ' --- NP 31-60 Very gravelly GP, SP, A-7 0-15 170-60 ;10-60 5-30 0-10 1 loamy sand, GP-GM, : very gravelly SP-SM sand, gravelly sand. 1 : See footnote at end of table. • 94,0568 •.. .... . ..:... .. , •••„...„-1,..„!!„,-.,„•.-•- .,.....,,r.,r r. n...r'm,rr..n4NTm',1'"Dl i ':T r+R1'TPiGrp4i A i i ,'1jI. 5.11,rattrivocicio ' '.' I el.1k lr 1;I; ;' ya' w: .,Js;,;.„... ela.t.li'IJ'alie�N�tN�n U�1c P, �....b.l.,4ug. ,.Ar.,Yi i1iaw.R ,.. ri.W.W..N:. IJLIJ.Y,I,.i .L 11., ..,.,,. 1N..JLvu..n,,....u....1,1.�IN1.i....L...u..• n.. n. WELD COUNTY, COLORADO, SOUTHERN PART 129 TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS . (The symbol < means less than; > means greater then. The erosion tolerance factor (T) is for the entire profile. Absence of an entry means data were not available or were not estimated) Risk of corrosion Erosion wind Soil name and Depth Permea- Available Soil ;Salinity Shrink- factors erodi- map symbol bility water reaction 1 swell Uncoated Concrete �- bility o caK I pacity In In/hr ca In/in 2E IMmhos/em potential 2 1, 2 0-10 0.6-2.0 0.20-0.24, 6.6-7.8 1 --- Low Moderate Low 0.24 3 5 Altvan 10-25 0.6-2.0 0.15-0.17 7.4-8.4 1 <2 Moderate Moderate Low 0.28 25-60 >20 0.02-0.04 7.4-9.0 <2 Low Moderate Low 0.10 316; Aquolls 0-48 --- -- --- --' --- --- 48-60 >20 0.04-0.06 7.4-8.4 1 2-16 Low High Moderate --- Aquents 0-48 48-60 >20 0.04-0.06 7.4-8.4 1 2-16 Low High Moderate --- 4•: Aquolls 0-60 Aquepts 0-60 --- '-- --' 5, 6, 7, 8, 9 0-8 0.6-6.0 0.11-0.16 6.6-7.8 ; <2 Low Low Low 0.17 5 3 Ascalon 8-18 0.6-2.0 0.13-0.15 6.6-7.8 1 <2 Moderate Moderate Low 0.24 18-60 0.6-6.0 0.11-0.15 7.9-8.4 ; <2 Low Moderate Low 0.24 10 0-4 2.0-6.0 0.09-0.12 7.4-8.4 <2 Low Moderate Low 0.10 5 3 Bankard 4-60 6.0-20 0.05-0.08 7.4-8.4 <2 Low Moderate Low 0.10 11, 12 0-16 0.6-6.0 0.11-0.13 6.1-7.3 --- Low Low Low 0.10 5 2 Bresser 16-25 0.6-2.0 0.15-0.18 6.6-7.3 --- Low Moderate Low 0.15 25-30 0.6-6.0 0.10-0.13 6.6-7.3 --- Low Low Low 0.10 30-60 2.0-20 0.05-0.08 6.6-7.3 --- Low Low Low 0.10 13 0-9 2.0-6.0 0.07-0.09 7.4-8.4 <2 Low Moderate Low 0.10 5 8 Cascajo 1 9-311 6.0-20 0.05-0.08 7.4-8.4 <2 Low Moderate Low 0.10 131-601 6.0-20 0.05-0.06 7.4-8.4 (2 Low Moderate Low 0.10 14, 15, 16, 17 1 0-7 1 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low Moderate Low '0.37 5 4L Colby 1 7-601 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low Moderate Low 0.37 . 1811: Colby 1 0-7 1 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low Moderate Low 0.37 5 4L 7-601 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low Moderate Low 0.37 Adena 1 0-6 : 0.6-2.0 0.18-0.21 6.6-7.8 <2 Low Moderate Low 0.37 5 5 6-9 :0.06-0.2 0.16-0.18 6.6-7.8 <2 High High Low 0.24. 9-601 0.6-2.0 0.16-0.18 7.4-8.4 <2 Low High Low n.32: 19, 20 0-141 0.6-2.0 0.14_0.18 7.4-8.4 <2 Low High Low 0.32: 5 5 Colombo 14-211 0.6-2.0 0.14-0.16 7.4-8.4 <2 Moderate High Low 0.281 21-601 0.6-2.0 0.14-0.16 7.4-8.4 <2 Low High Low 0.281 21, 22 0-12 0.2-0.6 0.19-0.21 6.6-7.8 <2 Moderate Moderate Low 0.24; 3 5 Dacono 12-21 0.2-0.6 0.15-0.21 7.4-8.4 <2 High High Low 0.241 21-27 0.2-2.0 0.13-0.18 7.4-8.4 <2 Moderate High Low 0.151 27-60 >20 0.03-0.05 7.4-8.4 (2 Low High Low 0.101 23, 24 0-7 , 0.6-2.0 0.16-0.20 6.6-7.8 <2 Low Moderate Low 0.201 5 6 Fort Collins Low 0.20: 11 ModerateModerate-601 0.6-2.0 0.16-0.18 7.4-8.4 <2 Low Low 0.201 25, 26 0-4 0.6-2.0 0.14-0.18 6.6-8.4 <8 Low High Low 0.281 5 LL Haverson 4-60 0.6-2.0 0.14-0.18 7.4-8.4 <8 Low High Low 0.281 27, 28 0-60 0.06-0.6 0.12-0.17 7.9-9.0 <8 High High High 0.281 5 4 Heldt , See footnote at end of table. 9'Z0SG9 132 SOIL SURVEY TABLE 14,--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as "rare," "brief," and "perched." The symbol < means less than; > means greater than] Flooding High water table Bedrock Soil name and Hydro- 1 Potential map symbol logic Frequency Duration Months Depth ; Kind Months Depth Hard- frost group ; ness action Ft ; In 1, 2 B None --- --- >6.0 --- --- >60 --- Moderate. Altvan 3': Aquolls D Frequent---- Brief Apr-Jun 0.5-1.0 Apparent Apr-Jun >60 --- High. Aquents D Frequent---- Brief Apr-Jun 0.5-1.0:Apparent Apr-Jun >60 --- High. 4': Aquolls D Frequent---- Brief Apr-Jun 0.5-1.51Apparent Apr-Jun; >60 --- High. Aquepts D Frequent---- Brief Apr-Jun 0.5-1.5 Apparent Apr-Juni >60 --- High. 5, 6, 7, 8, 9 B None --- --- >6.0 --- --- 1 >60 --- Moderate. Ascalon 10 A Frequent---- Brief Mar-Jun >6.0 --- --- >60 --- Low. Bankard 11, 12 B None --- --- >6.0 --- --- >60 --- Moderate. Bresser 13 A None --- --- >6.0 --- --- >60 --- Low. Cascajo 14, 15, 16, 17---- B None --- --- >6.0 --- --- >60 --- Low. Colby 18': Colby B None --- --- i >6.0 --- ; --- >60 --- Low. Adena C None --- --- >6.0 --- ; --- >60 --- Low. 19, 20 B Rare --- --- >6.0 ; --- ; --- >60 --- Moderate. Colombo , ; ; 21, 22 C None --- ; --- >6.0 ; --- ; --- >60 --- Low. Dacono 23, 24 B None to rare --- --- >6.0 ; --- ; --- >60 --- Lou. Fort Collins 25, 26 B Rare to Brief May-Sep >6.0 --- ; --- >60 --- Low. Haverson common. 27, 28 C None --- --- >6.0 --- ; --- >60 --- Low. Heldt 29, 30 A None --- --- >6.0 --- --- >60 --- Moderate. Julesburg 31, 32, 33, 34---- B None --- --- >6.0 --- --- >60 --- Low. Kim • 35': Loup D Rare to Brief Mar-Jun +.5-1.5 Apparent Nov-May >60 --- Moderate. common. Boel A Occasional Brief Mar-Jun 1.5-3.5 Apparent Nov-May >60 --- Moderate. 36': Midway D None --- --- >6.0 --- --- . 10-20 Rip- Low. pable See footnote at end of table. • 940568 -. ,. — ..rra"n" , ..... r... ',.-777,7-777,-, .+,",: ,.n ;;;I 1 R .' .1„ l 11 :"... , ' •, 1 1, ,.. :1 Fti iie e.?* ill 1 1 ti}"�' 'y.it 1� "SPr ,1ttdl .1 XI. EXHIBIT J - VEGETATION INFORMATION At the time of preparation of this application, the existing site vegetation consisted primarily of pasture grasses and annual weeds, with scattered cottonwood trees near the edge of Boulder Creek. The total number of trees is approximately 20 and they range approximately in height from 25 to 50 ft. As mentioned in Exhibits D and E (Mining and Reclamation Plans), trees within the 50 ft wildlife buffer along Boulder Creek will remain and a widened buffer will be employed at the southwest corner of the site to save one particularly large tree near County Road 20.5. Also, two-inch caliper cottonwood trees will be replanted during reclamation on approximately 40 ft centers along the Boulder Creek corridor to enhance riparian habitat. Presently the site is irrigated pasture land covered by indigenous pasture grasses and annual weeds. As part of the application process, a wetlands delineation was performed by Erik Olgeirson, Ph.D., consulting ecologist. Dr. Olgeirson determined that there are 3.6 acres of jurisdictional wetlands and 9.4 acres of non jurisdictional wetlands on the property. The jurisdictional wetlands are limited to a strip approximately 10 to 25 ft wide along Boulder Creek. These wetlands were mapped and are staked and will be preserved by the proposed riparian buffer zone (50 ft wide). The non- jurisdictional wetlands are the result of the many irrigation ditches and stock ponds that bisect the site. These will be excavated during mining. Dr. Olgeirson's Field Report is included on the following page. The U.S. Army Corps of Engineers has accepted the wetlands delineation performed at the site as documented in the letter included at the end of this exhibit. Anticipated Spiranthes orchid habitat was also evaluated by Dr. Olgeirson. At present, viable Spiranthes habitat is considered restricted to the jurisdictional wetlands that will be preserved within the buffer zone along Boulder Creek. A Spiranthes survey will not be conducted because the viable habitat in the jurisdictional wetlands will not be disturbed by the proposed mining. 27 940568 Field Report e.:ras<,.." ,�:ff:zx:,'.. »:m... ..M �: .^H;gY.R.(<.?o?:';;'ti::,: ':ry .b. .'?3.:. ^9..m'; >:.`:YAf°'. .:x::ILe,:,,'a"., y�''a K..:, . ? '::≤oCt.: :x..< ..p:::';• :.nY....�'$'�>�.A.: ;n::2... ...<f.:�.�.��"��..... .�:<�i"p� ,... ...)... ...Yf.9..: �:.S.:':. .fYf i. ::f ....:�..ryY :....::.:.:.:...:^..:J.:.�.:«.:Y:.;.i.<.:...:......;,....:.:.......:. ....,..;.n...::..�:..v^y:�.... ...k, .: ..J.of:.�...f•c:.y>.... c:3n:.:Yii:<i...�..:;.apY.�:��: e : .rw'ekw„uvWswA,�k:E:>�•<�ai,�'s:." •3.&.'bfi83K :axS��eu�ss�.:c,.fie.Gw.a.�::rcbaz.Gr`v'`.vs. '�"s'i`nsa3s�� a,;, a t <3:a3:e:>:2:<c� Project: Boulder Creek Date: March 11, 1994 Site description: Section 16 Township 2 North Range 69 West Latitude 105°18'45" Longitude 40°7'30" The site lies along Boulder creek and is just south of the confluence of Boulder creek and the St. Vrain river. It is approximately 213 acres and is presently used for the grazing of livestock. There are 5 stock ponds and numerous small irrigation ditches occurring on the site. Wetlands: Both non jurisdictional and jurisdictional wetlands occur on the site. The jurisdictional wetlands are contained within a strip (10' to 25' wide) along Boulder creek. These wetlands are herbaceous wetlands with willow and cottonwood as secondary components. Species occurring here are reed canarygrass (Phalaroides arundinacea), three square (Sciipus americana), Nebraska sedge (Carex nebraskensis), water sedge(Carex aquatilis) and spike rush (Eleoacharis macrostachya). Wetland were staked in the field with orange pin flags. The non jurisdictional wetlands are a result of the many irrigation ditches that bisect the site. These are irrigated wetlands confined to areas around the ditches or areas where the ditch has blown out or there is seepage. These wet areas lie, for the most part, on the eastern side of the site. The lake to the east of the site may be contributing water to wetland areas just to the west of the lake. The non jurisdictional wetlands are herbaceous wetlands and are more diverse than the wetlands that occur along the river. Sedges, three square, spike rush, bulrush(Scirpus acutus) and reed canarygrass occur within the bounds of these wetlands. These wetlands were not staked: their boundaries were drawn on an aerial photo. 940568 DEPARTMENT OF THE ARMY ` a� F CORPS OF ENGINEERS,OMAHA DISTRICT TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 50�a .qU;'� LITTLETON,COLORADO 80123-6901 ' " )a s.,-.,,,:^ REPLYTo Mazch 31, 1994 (''°"""""``d•TTrNran or Erik Olgeirson 4440 iule Lake Dr. Littleton, Colorado 80123 Dear Mr. Olgeirson: Reference is made on behalf of ECC Construction Material Inc., which is located in Section 16, Township-2-North, Range-69-West, Boulder County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act _ under which the U.S. Army Corps of Engineers regulates the excavation and discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the wetland delineation March 1994 is considered accurate and acceptable by this office. The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires work within these waters, this office should be contacted for proper Department of the Army permits. This wetlands jurisdictional delineation is valid for a period of three years from the date of this letter unless new information warrants revision of the delineation before the expiration date. Please be advised that the U.S. Fish and Wildlife Service (USFWS) has determined that the Ute ladies' tresses orchid, Spiranthes diluvialis, may occur in seasonally moist soils and wet meadows near springs, lakes, or perennial streams and their associated flood plains below 6,500 feet elevation in certain areas in Colorado. This plant species is now officially listed as threatened under the Endangered Species Act. For projects in specific areas, a survey for this plant species, approved by the USFWS, will be required before the Corps of Engineers can issue authorization for work within waters of the United States. I have attached a copy of a November 23, 1992 letter from the USFWS outlining this requirement and a list of recognized Spiranthes diluvialig consultants. If you have any questions concerning this matter, please feel free to contact me at (303) 979-4120 and reference action ID #199480264. Sincerely, — Terry McKee Environmental Resource Specialist 9'105€6 • UNITED STATES DEPARTMENT OF THE INTERIOR taxpommi FISH AND WILDLIFE SERVICE Atolrrnen i w# :� FISH AND WILDLIFE ENHANCEMENT sit comrade Stale Odes MIMS 730 Simms Street, Suite 290 mm m Golden, CO 80401 Phone: (303) 231-5230 FAX (303) 231-5235 IN REPLY REFER TO: • FWE/C0:ES:Plants-Soiranthes diluvialis (Ute ladies'-tresses orchid) November 23, 1992 To Whom It May Concern: The U.S. Fish and Wildlife Service (Service) has established interim requirements and guidelines for surveys to determine the presence or absence of the federally threatened plant species Soiranthes diluvialis, Ute Ladies'- tresses orchid. These guidelines were developed by the Service in consultation with biologists and ecologists knowledgeable about the species in order to gain more information about the species, identify potential habitat, and streamline and standardize survey procedures. Soiranthes diluvialis occurs in seasonally moist soils and wet meadows near springs, lakes, or perennial streams and their associated flood plains below 6,500 feet elevation in certain areas in Utah, Colorado, and Nevada. Typical sites include old stream channels and alluvial terraces, subirrigated meadows, and other sites where the soil is saturated to within 18" of the surface at least temporarily during the spring or summer growing seasons. The moist soil conditions and vegetation composition of known Soiranthes sites suggest that wetlands regulated under the Clean Water Act qualify as potential' Soiranthes habitat. Therefore, delineated wetlands, as well as other drier sites matching the description above, should be surveyed if they occur in specified areas in Nevada, Utah, and Colorado. Surveys are required for appropriate sites below 6,500 feet elevation in the following areas in Colorado: a. Boulder and Jefferson Counties; b. The South Platte River 100 year floodplain and perennial tributaries from the Front Range as far east as Brush, Morgan County; c. The Fountain Creek 100 year floodplain and perennial tributaries from the Front Range to the southern boundary of El Paso County; d. The Yampa River 100 year floodplain and its perennial tributaries from Steamboat Springs west to the Utah border. • 9405£8 Page 2 Documentation of compliance with survey requirements and recommendations is accomplished through submission to the Service of a survey report. The Service will respond with a letter indicating acceptance of the report. Copies of the interim requirements can by obtained by contacting the Service at one of the following locations: Bernardo Garza U.5. Fish and Wildlife Service 730 Simms St. , Room 290 Golden, CO 80401 (303) 231-5280 Lucy Jordan U.S. Fish and Wildlife Service 529 25 1/2 Road, Suite 8-113 Grand Junction, CO 81505 (303) 243-2778 The Service recommends that this letter of notification be copied and distributed to anyone planning a project in areas that meet the description of potential Spiranthes habitat as described above. Sincer eRoy W. Carlson Colorado State Supervisor 9405£8 XII. EXHIBIT K - CLIMATE The following information obtained form the Colorado Climate Center at Colorado State University comprises the significant local climatological data for the site area. This information is focused on average seasonal precipitation and temperature data, but also includes growing degree data relevant to reclamation revegetation. 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EXHIBIT L - RECLAMATION COSTS As described in Exhibit E - Reclamation Plan, and as shown on Figure F-1, Exhibit F - Reclamation Plan Map, the proposed reclamation will consist of open water (either open lake or sealed water storage reservoir) with reclaimed shoreline seeded with native grasses. Along Boulder Creek, trees and shrubs will also be planted with two inch caliper cottonwood trees planted on 40-foot centers. Because of the open water reclamation, most of the site will not be regraded for seeding, but will be submerged. The following assumptions were made to develop the reclamation cost table presented below: • The total site area is 213 acres, 202 of which will be disturbed and eight of which constitute undisturbed mining area perimeter (setbacks and Boulder Creek buffer zone). • Overburden backfill will be at 3:1 (H:V) to ten feet below maximum pool elevation; topsoil will be placed and slopes reseeded, fertilized and mulched above pool elevation. Ten feet below maximum pool elevation, reclaimed slopes will be at 2:1 (WV) with no topsoil or reseeding. The 2:1 (H:V) slopes are assumed to extend only four feet above the lake bottom based on anticipated pool elevations. • No reseeding will be performed on lake bottom areas. • The embankment separating the proposed North and South Lakes will be constructed from on- site earth materials should a sealed water storage reservoir be constructed. If insufficient overburden (silty) materials are available, then the embankment will be constructed of sand and gravel from Phase Four mining with a clay shale core excavated from shallow on-site bedrock. //�� tt 29 9405£8 TABLE L-1 ESTIMATED RECLAMATION COSTS Approximate cost per Activity Amount Unit Total Cost 1. Two-inch Caliper 70 Tree $50.00 $3,500 Cottonwoods at 40-foot centers along Boulder Creek. 2. Backfill and Surface 202,200 cu. yd. $0.75 $151,650 Preparation for Reclaimed Perimeter Slopes at —420/ft3/LF times 13,000 LF = 5,460,000 ft' = 202,222 yd3 3a. No Construction of Earth 0 cu. yd. $0 $0 Embankment (Open Lake). 3b. Backfill and Surface 118,300 cu. yd. $0.75 $88,725 Preparation for Optional Earth Embankment Dike at 710 ft'/LF times 4,500 LF = 3,195,000 ft 118,333 yd' (Sealed Reservoir) 4. Drill-seed Backfilled 29.0n" Acre $600.00 $17,400 Slopes (includes seed, mulch, and fertilizer). 5. Evaporative Losses for 447.5 Acre-Feet $200.00 $89,500 One Year at 2.5 acre-feet per year times 179 acres = 447.5 acre-feet. TOTAL WITHOUT DIKE $262,050 (Open Lake) TOTAL WITH DIKE $350,775 (Sealed Reservoir) °' Includes Embankment Dike Slope Area. n30 940568 The above reclamation cost estimate includes a cost contingency for the cost of water to cover one year's evaporative losses per oral guidance from DMG during the preparation of this permit. 31 940568 XIV. EXHIBIT N - OTHER PERMITS AND LICENSES Exhibit N is a summary of other relevant permits and licenses that Cooley holds or will be seeking in order to conduct the proposed mining and reclamation operations described in this permit application. The following listing summarizes other relevant permits and licenses for the Longmont Operation and their status as of the submittal date: • Weld County Zoning: Submitted to Planning Department. Decision expected mid-June, 1994. • CDH Draft (initial) Air Permits: Equipment - Gravel plant already state-wide permitted. Concrete/asphalt plants permitted prior to operation. Site Fugitive - Being prepared for submittal. • MSHA I. D. No. : Will be obtained prior to gravel plant operation • NPDES Discharge/Stormwater Permits: Obtained prior to any discharge. • USACOE 404 Wetlands/Dredge and Fill Permit: Wetlands survey/delineation prepared and submitted. Dredge and Fill (404) permit not required. 32 94105GS ' XV. EXHIBIT O - SOURCE OF LEGAL RIGHT TO ENTER The applicant's source of legal eight to enter and initiate a mining operation on the proposed affected land is based on sole ownership of the property and mineral rights. Copies of relevant ownership records are attached on the following pages to fulfill requirements of Exhibit O. 33 94,0568 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by mason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; I 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys fees and expenses incurred in defense of the title,as insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF.TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA TITLE INSURANCE COMPANY Authorized Countersignature JAttest: President S. *Sr9ar4e#/WpAJ/ Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a)above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company-by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; • (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 905f American land Nee Association Owner's Policy(10-21.87) Face Page Valid Only If Schedule A, B and Cover Are Attached L__ 44_14 at t f w TRANSAMERICA TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: Policy No. : 8033230 Date of Policy: November 19, 1993 at 7: 00 A.M. ' : 1. Name of Insured: Cooley Gravel Company, an Indiana Corporation 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE The estate or interest referred to herein is at Date of Policy vested in: Cooley Gravel Company, an Indiana Corporation 4 . The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) 920568 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8033230 LEGAL DESCRIPTION All of the SE1/4 of the SW1/4 of Section 9 and all that portion of the NW1/4 of Section 16 and the E1/2 of the NE1/4 of Section 17 , all in Township 2 North, Range 68 West of the 6th P.M. ( County of Weld, State of Colorado, lying Easterly of the following described line: Commencing at the W1/4 corner of said Section 16, thence North 89 degrees 45 minutes 11 seconds West 537.53 feet along the South line of the SE1/4 of the NE1/4 of said Section 17 to the True Point of Beginning; thence North 30 degrees 38 minutes West, 150.48 feet; thence North 6 degrees 00 minutes West, 246.93 feet; thence North 2 degrees 39 minutes East, 138.97 feet; thence North 4 degrees 55 minutes East, 98.72 feet; thence North 19 degrees 27 minutes East, 264 .79 feet; thence North 30 degrees 30 minutes East, 527. 03 feet; thence North 39 degrees 50 minutes East, 201.97 feet; thence North 31 degrees 04 minutes East, 214 .87 feet; thence North 29 degrees 51 minutes East, 192.91 feet; -thence North 32 degrees 34 minutes East, 189.73 feet; hence North 29 degrees 10 minutes East, 104.43 feet .hence North 8 degrees 14 minutes East, 277 .70 feet; thence North 10 degrees 20 minutes East, 113 .48 feet; thence North 27 degrees 51 minutes East, 196. 67 feet to the North line of the NW1/4 of said Section 16 and the Point of Termination from which the Northwest corner of said Section 16 bears South 89 degrees 30 minutes 16 seconds West, 327 .96 feet. Page 2 910569 XVI. EXHIBIT P - OWNER OF AFFECTED LAND AND SUBSTANCE TO BE MINED The applicant, Cooley Gravel Company, is the sole owner of the proposed affected land and mineral reserves. Official correspondence regarding this permit application should be directed to: Cooley Gravel Company 3609 South Wadsworth Boulevard Suite 300 Lakewood, CO 80235 (303) 989-0300 Contact: Mr. Bill Timmons Vice President and General Manager 34 /�{ 910569 XVII. $XHIBIT O - MUNICIPALMES WITHIN TWO MILES There are no municipalities within two miles of the proposed Longmont Operation which is situated in unincorporated Weld County. 35 ��[[ /1t 9I,05G8 XVIII. J:XHIBIT R - PROOF OF MAILINGS Mailings of Notice of Filing Application forms were sent to the Weld County Commissioners and the Board of Supervisors of the Weld County area Soil Conservation District prior to submittal of this application per DMG guidance. These mailings included the Notice forms and a copy of the Regular (112) Operation Reclamation Permit application form. Photocopies of the Notices and the Post Office receipts for certified mail, return receipt requested deliveries to these agencies are enclosed on the following three pages. /� 36 940565 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY Cooley Gravel Company (the "Applicant/Operator") has applied for a reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct mining operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Wildlife Habitat . Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to C.R.S. 34-32-112(10). If you would like to discuss the proposed post—mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. 1307F-8 900568 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT WELD COUNTY DISTRICT Cooley Gravel Company (the "Applicant/Operator") has applied for a reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct mining operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Wildlife Habitat . Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to confer with the local Soil Conservation Districts before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to C.R.S. 34-32-112(10) . If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. 1307F-4 9e1® lr,53 T re o leL la. 11111! 8 `pc v-` u1 ••••• to \ ` 1 m ru m N � q i a 1661 aunt 'OOB£ wood Sd uN. 0 8049 r 17 u in m c u ' f430 '42 ii B oc 161 i , w c. o r L661 Punk 'OOB£ wtn j Sd 9Sa.5►8 DOX. TXHIBIT S - PROOF OF FILINGS A copy of an affidavit or receipt indicating placement of a complete permit application package with the Weld County Clerk and Recorder prior to submittal of this copy of the application package to DMG appears on the following page. (Note: The affidavit or receipt is not included in the Weld County public review copy). 37 a� 9C0568 XX. OTHER RELEVANT SITE INFORMATION 20.01 CULTURAL RESOURCES During preparation of this permit application, the Colorado Historical Society was contacted and given site location and proposed operations information. The Historical Society searched the Colorado Cultural Resource Inventory and found no known sites within the project boundary. The Society recommended undertaking a cultural resource survey if the proposed affected lands have not already been extensively altered because of the site's proximity to Boulder Creek. The Historical Society's letter is included at the end of this Chapter. Approximately 85 percent of the property and proposed permitted area has been grazed and under cultivation for more than 60 years. The remaining land on the site occurs along the Boulder Creek corridor and here again, cattle grazing has also occurred. Because of these recent historic activities that have altered the proposed affected land, and because we are proposing a 50 ft setback along Boulder Creek where the possible activities of ancient peoples would likely have been concentrated, Cooley Gravel Company feels a Cultural Resource Survey is not necessary for the site. 20.02 FIRE PROTECTION The Mountain View Fire Protection District was notified about the proposed mining and processing operations at the Cooley Longmont Operation. The District has informed Cooley that the proposed operation is within the boundaries of the Fire District and will receive services. A copy of the letter from the District is included at the end of the this Chapter and Cooley intends to comply with the code, permit and fee requirements described therein. womu.19B 38 940568 r t. t COLORADO HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137 February 25, 1994 Alan L. Howard Senior Geologist Haley & Aldrich Inc. 1600 Broadway, Suite 1125 Denver, CO 80202 Re: Cooley Gravel Company "Longmont Operation" Dear Mr. Howard: This office has reviewed your correspondence of February 22, 1994 concerning the above proposed project. A search of the Colorado Cultural Resource Inventory has indicated that there are no known sites located within the boundaries of this project. However, the location of this proposed pit makes it highly probable that prehistoric and historic sites may be present. If there have been no extensive land altering activities in the project area, we recommend that a cultural resource survey be undertaken to determine if eligible cultural resources will be impacted by project activities. This is done in accordance with the Colorado Register of Historic Places Act (24-80.1) . if we may be of further assistance please contact Jim Green at 866-4674. Sincerely,elf James E. Hartmann State Historic Preservation Officer JEH/WJG 9405GS • MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: a 9119 County Line Road•Longmont, CO 80501 (303)772-0710 Metro(303)666-4404 FAX(303)651-7702 YEW March 24, 1994 Mr. Alan L. Howard, Senior Geologist Haley and Aldrich Inc. 1600 Broadway, Suite 1125 Denver, CO 80202 RE: Cooley Gravel Company Proposed "Longmont Operation" Sand and Gravel Mine Dear Mr. Howard: I am responding to your letter, dated March 17, asking about the proposed Cooley Gravel Company facility north of WCR 20.5. The proposed mine is within the boundaries of the Fire District and receives service from the District. The Fire District has adopted the 1991 Edition of the Uniform Fire Code and the activities in the mine will be covered by this Code. The principle applications of the Code to a gravel mine will be for tank installations for flammable or combustible liquid, fueling operations, vehicle repair, including welding, and any use of hazardous materials. Tanks for flammable or combustible liquid storage or dispensing, either temporary or permanent, need to be installed in accordance with the requirements of the Code. The installation and use does require a permit from the Fire District. The Board of Directors of the Fire District has adopted a plans review/development fee. I have included a copy of the resolution of the Board of Directors adopting the fee. This fee will apply to all actions taken by the District in regard to the Cooley project, including the review of the referral sent by the Weld County Planning Department. Since the Cooley project is one of the type included in the Director's resolution, a deposit of $200.00 will need to be sent to the Fire District. A separate account will then be established in the name of the Cooley project. Cooley Gravel Company-Proposed Longmont Operations 1 of 2 Station 1 Station 2 Station 3 Station I Station 5 Station 6 Station 7 9119 CM);Lite Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Sox 40 Longmont,CO Longmont,CO 299 Pakner Ave. 6500 NOM Road Lalayette.CO 600 Briggs 100 So.Forest St. 80501 60504 Mead.CO 80542 Niwot,CO 80544 60026 Erie,CO 80516 Demo,CO 80514 910568 The time used by District employees in working with this project will be charged against the account at the rate of $20.00 per hour. After the project is completed, any balance in the account will be refunded to the payer of the fee. If the balance in the account falls below zero, the payer will be billed for the amount necessary to bring the balance up to zero. A check for $200.00, made out to the Fire District, should be sent to: Ms. Gayle Watkins. Finance Manager Mountain View Fire Protection District 9119 County Line Road Longmont, CO 80501 If you need more details on any of the requirements or have further questions I can help you with, please contact me. Sincerely, Charles E. Boyes Fire Prevention Specialist CC: Jerry Ward, Chief of the District William N. Bailey, Deputy Chief, Support Services Mark A. Lawley, Assistant Chief, Fire Prevention Cooley Gravel Company-Proposed Longmont Operations 2 of 2 940568 MOUNTAIN VIEW FIRE PROTECTION DISTRICT FEE SCHEDULE REVISION November 2 1992 On new construction and remodels, where Plan Review/Special Building Inspections or Fire Protection System Review and Inspection may be required, a one-time fee of $200.00 shall be paid upon submission of the first set of plans. This fee will cover any and all subsequent reviews and inspections totaling 10 man hours. Hours required above 10, shall be billed at the rate of $20.00 per h our, per inspector. Other fees shall apply to the following: Annual Inspections: NO CHARGE. Temporary Permits: *Fireworks Stands $500 . 00 (unless sponsored by non-profit organizations) *Flammable and Combustible Liquid Storage Tank Removal $ 50. 00 *Flammable and Combustible Liquid Storage Tank Installation $ 50. 00 NOTE: The hourly rate pertains to man hours only, and does not include other associated expenses. This rate will be billed in 1/2 hour increments. Reviewed/Approved by: Gera Wa , District Fire C ie William Bai ey, Deputy C f ' Mark awle , Fire Marshall MOUNTAIN VIEW FIRE PROTECT ON DISTRICT B r Presi ent ATTEST: Boar ary FEE.S Please Send a check for $200 to : Ms . Gayle Watkins , Finance Manager Mountain View Fire Protection District 9119 County Line Road Longmont , CO 80501 940568 APPENDIX A COUNTY SUBMITTAL DOCUMENTS 940569 NELSON ENGINEERS 822 7TH STREET GREELEY, COLORADO 80631 (303)356-6362 April 7, 1994 Weld County Department of Planning 1400 North 17th Avenue Greeley, CO 80631 RE: Cooley Gravel Company Use by Special Review Permit Application The accompanying application is a request for a Use by Special Review (USR) permit for the extraction of gravel with ancillary uses for concrete and asphalt batching in the NW 1/4 of Section 16, the SE 1/4 SW 1/4 of Section 9, and a small tract in the E 1/2 NE 1/4 of Section 17, all in T2N R68W of the 6th Principal Meridian in Weld County, Colorado. The property is owned by Cooley Gravel Company, 3609 South Wadsworth Boulevard, Suite 300, Lakewood, Colorado, 80235. The site is located approximately two miles southwest of the Del Camino development, the intersection of I-25 and Colorado Highway 119, and as the vicinity map indicates, lies adjacent to Boulder Creek. Properties along Boulder Creek in this vicinity have a high commercial value for sand and gravel as seen by the number of gravel mines in the immediate area. The property is presently zoned agricultural which allows sand and gravel extraction under the provisions of a Use by Special Review Permit. This site has been deemed to contain commercial mineral deposits. As stated in the Weld County Comprehensive Plan, the present economy in the front range corridor is causing an increasing demand for sand and gravel extraction in Weld County. Also, no building development is allowed on sites underlain with commercial mineral deposits until extraction of the mineral resources is complete. The proposed mining and reclamation plans are detailed in the enclosed application. The area was investigated for its potential use as farmland. Due to the relatively thin layer of overburden, much of the water used in irrigation permeates to the gravel situated below and recharges the alluvial aquifer. Table 5 of the USSCS "Soil Survey, Weld County, Southern Part" reveals that crops are seldom grown on this site because the soils are unsuitable for crop production. The applicant proposes safeguards to prevent access to the site during nonworking hours with secure fencing and locked gates. All site operations will occur within the 940568 Page 2 requirements of applicable permits thus providing protection for the safety, health, and welfare of the inhabitants of the neighborhood and the county. As previously stated, the proposed use is compatible with the surrounding land uses which consist of sand and gravel mining, some farming, and oil and gas production. As the demand for more gravel for construction purposes increases, more of the land along Boulder and St. Vrain Creeks will become gravel mines. Noise levels are not expected to exceed those normally associated with the surrounding agricultural land use or the adjacent mining and oil and gas producing facilities. Included as part of the application is a proposed road agreement which provides for road maintenance in accordance with Weld County requirements. The site lies in a floodplain, but is not in a geologic hazard zone or airport overlay district area. The application includes provisions to accommodate the effects of the floodplain. We hope that this application has addressed the Use by Special Review requirements and the concerns of Weld County. If you have any questions, please contact us. Respectfully, COOLEY GRAVEL COMPANY Bill Timmons Vice President and General Manager ?ea �y�.r�vrio+K/ NELSON ENGINEERS ME4441116/4"--- LaVern C. Nelson, P.E. LCN/jd Enclosures 9/105(7;8 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: 12)97 Recording Fee Receipt II: Receipt Number: cit z5� I ' 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 & associated production (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See Exhibit "A" (Chapter II) and Figure C-1 (Chapter IV) TOTAL ACREAGE: 213 2. Surface owner(s) of area of land described Name: Cooley Gravel Co. Address: 3609 S. Wadsworth Phone: (303) 989-0300 Name: Address: Lakewood. CO 80235 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Cooley Gravel Co. Address: 3609 S. Wadsworth Phone: (303) 989-0300 Name: Address: Lakewood, CO 80235 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: See Exhibit "0" (Chapter XV) (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address:3609 S. Wadsworth, Lakewood, CO Phone: (303) 989-0300 General Office address: Same 802.35 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: None in Weld County 910568 7. Description of Operation a. Types and number of operating an processing equipment to be employed: crushing and screening with asphalt and concrete processing facilities including scales, dozers, scrapers, loaders, trucks and misc. equipment. See Exhibit "D" (Chapter V) and proposed extraction standards. No noise report is provided as the operation will not create any more noise than adjacent gravel operations. b. Maximum number of employees: 25 , and number of shifts: 3 c. Number of stages to be worked: 4 , and periods of time each is to be worked: Phase I, 1994-1998; Phase II, 1998-2004; Phase III, 2004-2007; Phase IV, 2007-2009 d. Thickness of mineral deposit: 15 feet, and thickness of the overburden: 3.0 ft. • e. This will be a wet/dry pit operation. Wet or Dry (See Exhibit "D", chapter V) 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) : East on Weld County Road 20.5. North on q Weld County Road 7, East or West on State Highway 119. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : See Figure F-1 . Exhibits PF" & "F" b. Source of technical advice for reclamation: U.S. Soil Conservation Service c. Explanation of Reclamation Process: See Figure F-1 and Exhibit "E" (Chapter VI) 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 JEFFERSON STATE OF COLORADO 73F-4—w. �tyv.-rrcp-nd // Signature: Owner/Authorized Agent Subscribed and sworn to before me this //;c4:-) day ofd af...t .e, . 1990- SEAL C: }� -ci G a-w-Ota/0 NOTARY' P aBLIC My Commission expires R . o2 8 /y yr g 940568 PROPOSED LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT WELD COUNTY, COLORADO AND COOLEY GRAVEL COMPANY THIS AGREEMENT, made and entered into this_day of , 19_ by and between the County of Weld, State of Colorado, hereinafter called "County" and Cooley Gravel Company of Lakewood, Colorado, hereinafter called "Cooley", WHEREAS, Cooley and other gravel operators have acquired land use permits from the County for gravel mining and plant operations in the area of Rinn, Colorado, and WHEREAS, it is anticipated there will be additional land use permits granted by the County in the future, and WHEREAS, gravel mining and plant operations are anticipated to continue in the area of Rinn, Colorado, well into the future, and WHEREAS, the County roads in the area of Rinn, Colorado, will be impacted by heavy truck traffic generated from gravel mining and plant operations, and WHEREAS, present and future gravel operators are required to enter into Road Maintenance and Improvements Agreements with the County to mitigate the impact created by heavy truck traffic, and WHEREAS, haul routes overlap between different gravel operators and the existing haul routes are difficult and impractical to manage, and WHEREAS, the maintenance and improvements required will vary over time and provisions should be made to address future requirements, and WHEREAS, the County and Cooley agree it would be advantageous to set forth an agreement that would provide a basis for future Road Maintenance and Improvements Agreements. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Cooley mutually agree as follows: 1. The County roads considered in this agreement are haul routes that were established by land use permits previously granted by the County and are as follows: Weld County road 7 between Colorado State Highway 119 and Colorado State Highway 52; Weld County Road 20.5 between Weld County Road 7 and the entrance to Cooley's gravel mine, which is a distance of approximately 3000 feet; Weld County road 18 between Weld County Roads 7 and 5; and Weld County Road 5 between Weld County Road 18 to County Road 7. 2. Cooley is restricted to hauling on the County roads identified in Paragraph 1 above. 910563 3. The County will, to the best of its ability within the restrictions of the law, require future gravel operators that use the haul routes described in Paragraph I above, to participate in Road Maintenance and Improvements Agreements as outlined herein. 4. Cooley or future gravel operators are required to share in reasonable future maintenance and improvements when such maintenance is related to their hauling impacts. 5. Upon notification by the County, all gravel operators and the County will examine the roads and determine a plan for the maintenance and improvements that are required. 5. Upon determining what maintenance and improvements are required, a separate agreement shall be drawn detailing the work to be done and how the costs are to be shared. 7. It is anticipated Cooley or future gravel operators will perform the work and share in the equipment, labor, and materials required. Any sharing done between the gravel operators shall be in separate agreements. 8. If Weld County does not require a future gravel operator to share a reasonable portion of maintenance and improvements, the County will be responsible for that portion. 9. If a gravel operator does not participate as outlined in this Agreement, it will constitute a violation of the operator's land use permits granted by the County, the County will take remedial measures, within a reasonable amount of time, against an operator that does not participate. IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first-above written. COOLEY GRAVEL COMPANY By: Title: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: By: Deputy Clerk to the Board H.W. Bill Webster, Chairman TO WHOM IT MAY CONCERN: We have received the Cooley Gravel Company Longmont Operation application for a Use by Special Review. This application includes information for review by the appropriate agencies of Weld County, Colorado. Weld County Planning Date 9C0563 FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello