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Home My WebLink About940812.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT #877 FOR A DEWATERED SAND AND GRAVEL MINE AND MATERIALS PROCESSING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - C & M COMPANIES, C/O JIM MCFARLAND (DISTEL FARMS) 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 31st day of August, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of C & M Companies, c/o Jim McFarland (Distel Farms) , P.O. Box 490, Niwot, Colorado 80544, for a Site Specific Development Plan and Amended Special Review Permit #877 for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the Sy of Section 8, part of the N% of Section 17, part of the NEM of Section 18, and part of the SEMM of Section 7, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Applegate, Tuttle Applegate, Inc. , and Jim McFarland, C & M Companies, 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: a. This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources, Transportation, and Urban Growth Boundary 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 City of Longmont has reviewed this case and indicated a concern with the amount of time for which the access across their property is proposed. Condition of Approval #3 PLC) this concern. PLC) O 940812 AMENDED SPECIAL REVIEW PERMIT #877 - C & M COMPANIES (DISTEL FARMS) PAGE 2 b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. 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: Boulder Creek, pasture, rural residences, and irrigated crops. d. Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval 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 C & M Companies, c/o Jim McFarland (Distel Farms) , P.O. Box 490, Niwot, Colorado 80544, for a Site Specific Development Plan and Amended Special Review Permit #877 for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The access to the Schell Pit across City of Longmont property shall only be utilized as long as a legal, binding agreement exists between the applicant and the City of Longmont to utilize the access to the Schell Pit. 4. Prior to recording the plat: a. The existing Emission Permit shall be modified for the increased operation, if the Colorado Department of Health determines such a modification represents a significant change in emissions or production. If the Colorado Department of Health determines the increased operation does not require a modification to the existing Emission Permit, the applicant shall submit information which indicates this. 940812 AMENDED SPECIAL REVIEW PERMIT #877 - C & M COMPANIES (DISTEL FARMS) PAGE 3 b. If applicable, the existing NPDES Permit shall be amended for the increased operation if the State determines such a modification represents a significant change in the discharge. If it is not a significant change, the applicant shall submit evidence to this effect. c. The facility shall amend its stormwater discharge permit at the Colorado Department of Health, Water Quality Control Division. d. The applicants shall submit a substitute water supply plan to the State Division of Water Resources for approval, and shall submit the approval information to the Department of Planning Services. e. The applicants shall apply for the appropriate building permit and zoning permit for the mobile home located northwest of the processing area and utilized as a breakroom. Additionally, the plat shall be amended to include the location of the mobile home. f. The following notes shall be placed on the plat: NOTE: Mature trees on site shall not be disturbed to the greatest extent possible. If the mature trees cannot be maintained, the applicant shall consult with the Division of Wildlife and submit a replanting plan to the Department of Planning Services. NOTE: The applicants shall complete the overlay on Weld County Road 20.5 before commencing mining on this site. NOTE: The applicants shall submit a plan to the Department of Planning Services indicating how the repairs of potholes along the haul route will be completed in a more timely manner. NOTE: The applicants shall meet with the Department of Planning Services and the Public Works Department to renegotiate the existing Road Improvements Agreement. Said agreement shall be submitted to the Board of County Commissioners for final approval. NOTE: The applicants shall address fugitive dust control with concerned citizens, in compliance with Development Standard #12. 940812 AMENDED SPECIAL REVIEW PERMIT #877 - C & M COMPANIES (DISTEL FARMS) PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following/// vote on the 31st day of August, A.D. , 1994. /� / /�� BOARD OF COUNTY COMMISSIONERS ATTEST: {� /,y�/'i(J/ WELD COUNTY, COLORADO , Weld County Clerk to the oard eR 'k'/ ( 2 I2 br BY: /� — D /�[/y� W. H. Webster, hairman �Ldr,-- t ./.lii Q Deputy C er o the Bo \ Dale K. Hall, Pro-Tem APPROVED AS TO FORM: \ /j � c� ✓1t-1 Geo E. Baxter R1.5 1; .w..e, (>1:4/5-vise_,,-,‘ / County A torn y Constance L. Harbert arhara J. Kirkme r 940812 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C & M COMPANIES, C/0 JIM MCFARLAND (DISTEL FARMS) AMENDED USR #877 1. The Site Specific Development Plan and Amended Special Review Permit is for a dewatered sand and gravel mine and materials processing facility 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-pit gravel operation shall comply with the operation policies identified in Section 44. 4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the Permit. 4. The haul route shall be Weld County Road 20.5 to Weld County Road 7; then north or south to State Highway 119 or State Highway 52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20.5 west of the Special Review site. 5. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations, including: a. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year floodplain which would obstruct passage of flood flows. 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 floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. Mature trees on site shall not be disturbed to the greatest extent possible. 8. No new access points shall be allowed from the site to any Weld County roads. 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. No permanent disposal of wastes shall be permitted at this site. 11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 940812 DEVELOPMENT STANDARDS - C & M COMPANIES (DISTEL FARMS) PAGE 2 12. Fugitive dust shall be controlled on this site. 13. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 14. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 15. The facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 16. The site shall meet the codes and standards of the Mountain View Fire Protection District. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Sections 24.6 and 44.4 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 21. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940812 HEARING CERTIFICATION DOCKET NO. 94-63 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A DEWATERED SAND AND GRAVEL MINE AND MATERIALS PROCESSING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - C & M COMPANIES, C/O JIM MCFARLAND (DISTEL FARMS) A public hearing was conducted on August 31, 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, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated August 15, 1994, and duly published August 18, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of C & M Companies, c/o Jim McFarland (Distel Farms) for a Site Specific Development Plan and Amended Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the recommendation of the Planning Commission into the record as written and noted that Condition of Approval 115, which states mature trees not be disturbed, should also be included as a note on the plat, to ensure it is seen in the future. Commissioner Harbert noted the Planning Commission's vote resulted in a tie, and Mr. Morrison clarified the result was actually a recommendation for denial. Mr. Morrison noted that the policy concerning tie votes had recently been clarified in the Zoning Ordinance and the Planning Commission's bylaws. Mike Applegate, Tuttle Applegate, Inc. , represented the applicant and stated this amendment is to the existing Permit on the Distel Farm, which is being mined and is almost out of material. He explained the company has leased property to mine from Mr. Sherwood, and the material will be hauled off-road to the existing plant site; therefore, there will be no increase in traffic and the existing road improvements agreement will be kept in compliance. Mr. Applegate noted a temporary access easement across the City of Longmont's property has been obtained for hauling from the amended site, in conjunction with the Schell Pit Permit. He stated lakes, with water rights, would be left for Mr. Sherwood and the operation will continue on the existing Distel Farms. Regarding the Planning Commission's concerns about Weld County Road 20.5, Mr. Applegate stated the company has been working with the County in compliance with the road improvements agreement; however, the road is not in good shape structurally. He explained the soft spots and failures in the road are patched and then overlaid. He stated all C & M traffic complies with the agreement and a good faith effort has been made concerning road improvements. In response to questions from the Board, Mr. Applegate explained the haul route and reiterated that Road and Bridge's recommendations are being followed. He stated the reclamation plan will assure compatible future uses and the amendment will bring more reserves into the existing operation. Ted Cox, surrounding property owner, complained about the noise, dust, and poor road conditions in the area and answered questions from the Board. Kenneth Schell, surrounding property owner, stated he is applying for a gravel permit next to the 940812 �_c� . Pe RE: HEARING CERTIFICATION - C & M COMPANIES, C/O MCFARLAND (DISTEL FARMS) PAGE 2 subject property and he wants to be fair and a good neighbor. He noted that Mr. Cox already created a pond on his property; however, Mr. Schell stated he will abide by Weld County's rules to create his own lake and answered questions from the Board concerning Mr. Cox's lake. William Englehard, surrounding property owner, complained about the extensive patching on the roads and stated there are two spots developing large chuckholes which need attention. Jesse Thomas, surrounding property owner, also complained about the dirt and dust in the area and presented a furnace filter, Exhibit J, which had been in his house for only three weeks. Mr. Schell stated that C & M has done a good job patching the potholes on Roads 20.5 and 7, and the company is trying very hard. He noted the rough patches are better than holes. (Changed to Tape #94-35. ) At the request of the Board, Drew Scheltinga, County Engineer, explained the history of the roads and stated the roads were not originally constructed to support this type of hauling. He said, pursuant to the road improvements agreements, the gravel companies in the area meet with the Public Works Department once a year; the County pays for the liquid asphalt, and the operators perform the repairs and share the other costs. He noted the companies spent $80,000 last year for repairs, and portions of the roads have been overlaid to smooth the patches. Mr. Scheltinga reiterated that structurally the roads are still poor; however, the patches have been done well, and the overlay smooths the existing patches. He stated the agreements require the companies to keep up the repair, meet annually, and overlay the stable areas. He explained the reason the roads have not been reconstructed is because the cost would be over $500,000 per mile. Mr. Scheltinga stressed the companies have put forth a good effort and the roads are serviceable and in fair condition, even with the ongoing patching and deterioration around the patches. Mr. Scheltinga responded to various questions from the Board and stated the repairs could probably be completed in a more timely manner; however, the repairs have been properly done and the current procedure seems reasonable. He stressed the gravel pit traffic will not last forever, and the front-end money does not exist for reconstruction. After further discussion, Mr. Scheltinga suggested increasing the frequency of patching and/or looking at structural overlays with intensive repairs. Mr. Morrison explained the agreements are open-ended and were not intended to limit nor spell out what is involved. Mr. Scheltinga stated that Road 7 had been repaired and overlaid in the same manner being used on Road 20.5, and it performs quite well. In response to further questions from the Board, Mr. Schuett stated the mining under the amended Permit is anticipated to last four years; however, there are a number of factors involved. Mr. Scheltinga reiterated it may be more cost effective to rebuild the roads; however, the cash does not exist, and the patching can be done by the companies. It was determined there is room for negotiation on the maintenance agreements to include a better description of patching and overlay needs. Commissioner Harbert asked the applicant if he would be willing to continue this matter to allow a meeting with Public Works and resolve a better road agreement. Jim McFarland, Operations Manager for C & M Companies, noted a lot of effort has been put forth on the road and reiterated they have been working with the County on plans for the roads. He stated the plan is to restructure the road with patches like was done on Road 7, which is holding well. Mr. McFarland stated five-tenths of a mile of Road 20.5, which was reconstructed by patches, has been overlaid, and the intent is to overlay the entire road; however, there are still soft spots in the center section of the road. He reiterated the road is basically reconstructed and it will be overlaid. He stated since there are four or five other companies involved and they all need to redo agreements, he would prefer this amendment be granted today rather than continued. Mr. McFarland reiterated they are committed to overlay the road as stated at the annual meeting. He also noted that the company cares about the neighbors concerns and they have asked the neighbors to call the company directly. Mr. McFarland reiterated they would like to continue with the Amended Permit, but they will agree to adding a Condition of Approval requiring new agreements. He reiterated that Road 940812 RE: HEARING CERTIFICATION - C & M _COMPANIES, C/O MCFARLAND (DISTEL FARMS) PAGE 3 7 has proven itself, and the road problems are basically behind them now. Responding to further questions from the Board, Mr. McFarland -explained the chain of command presently being used for patching and agreed the process could be improved and patching could be completed more readily. Mr. Scheltinga stated some repairs are completed before complaints are received; however, the desire is to have no complaints. He noted the operators use the roads and do not want bad roads; however, they may need to be proactive and fix the roads before there are complaints. In response to a question from Commissioner Harbert, Mr. McFarland reiterated they are not in favor of a continuance because he believes it will take much longer than 30 days for all operators involved to redo their agreements. He also stated he believes the other operators will be willing to negotiate their agreements. Responding to a question from Commissioner Baxter, Mr. Scheltinga stated descriptions could be included in the proposed agreements to not allow deterioration beyond a certain point. In response to questions from Commissioner Kirkmeyer, Mr. McFarland stated he would agree to complete the overlay on Road 20.5 prior to mining the amended area; start negotiations on the road agreement; complete repairs in a more timely manner; and control fugitive dust on site in compliance with the emissions permit. Mr. McFarland reiterated the company is willing to address neighbors concerns and encouraged them to call the company directly. Also responding to a question from Commissioner Kirkmeyer, Mr. Schuett explained Development Standard #7 will preserve as many mature trees as possible. (Let the record reflect that Commissioner Harbert is no longer present at this hearing. ) Mr. Applegate confirmed there are no mature trees on the amended site and no mature trees were disturbed on the existing site. Mr. Schuett suggested Condition of Approval #5 be changed to Condition of Approval #4f, to be added as a note on the plat. He also confirmed, for Commissioner Kirkmeyer, that Mr. McFarland's earlier agreements can be added as Conditions of Approval and notes on the plat. Commissioner Kirkmeyer then moved to approve the request of C & M Companies, c/o Jim McFarland (Distel Farms) for a Site Specific Development Plan and Amended Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) Zone District, based on the recommendation of the Planning staff, with the Conditions of Approval and Development Standards as entered into the record, including changing Condition of Approval #5 to Condition of Approval #4f and also adding the abovementioned agreements to Condition of Approval #4f as notes on the plat. The motion was seconded by Commissioner Hall, and it carried unanimously. This Certification was approved on the 7th day of September, 1994. APPROVED: ATTEST: /' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO Wald County& :: ak ��bster, C air Pale K. Hall, P o-T m TAPE #94-34 and #94-35 ift.41:x /Ge gelE. Baxter DOCKET #94-63 �� :� Co tance L. Harbert TL0468 p /t,d s -a 6/I GCr.//LY arbara J. Kirkme er OO 940812 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31st DAY OF August 1994: DOCKET # 94-63 -- Amended USR #877, C & M Companies, c/o Jim McFarland (Distel Farms) DOCKET 1194-61 -- USR #1053, ICI Seeds DOCKET # 94-62 -- USR #1055, Twin Peaks Excavating (Schell Pit) DOCKET 11 PLEASE write or print your name legibly, your address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING I\- 13,,, ,73en ti // sr q _lrl fiIA Frt`eI'iTcki PM77l/✓CR7 0��.,„f 99-G3 9Y-6 a ilLm lICTZ✓� 1��1�1t'�r� ' � 1`i ��1X 6aiaTh or.� �P3� 9f-Ipz Qiu Ccko, It 1Ig CNILIY,11Tet1 JO1Ajo,(ir q"/ &o'er %�0 COx /7,e7 £)C ,Zc / Za'v7A E t 7 9917 Fn- .✓K -17,4Ki 9 gu E . (i147 1 ) SL/ LC/..ijrw0••C 9Y 613 ICILY-t- k7PLe&Art i MID 6ezo++v7-sT-Srt4to D>ta" 414 77 s jf'1 grifi9EI- 1/6 /%8 C•/ , 2 )/ ;pica_ Wo 940812 NOTICE The Board or County Commissioners of Weld County, Colorado, on August 31, 1994, conditionally approved a Site Specific Development Plan and Amended 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: C & M Companies cko Jim McFarland Distel Farms P.O. Box 490 Niwot, Colorado 80544 LEGAL DESCRIPTION: Part of the SI of Section 8, part of the Ni of Section 17, part of the NE! of Section 18, and Tart of the SE,' of Section 7, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A dewatered sand and gravel mine and materials processing facility in the A (Agricultural) Zone District SIZE OF PARCEL: 132.95 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: September 8, 1994, in the Windsor Beacon S40812 NOT ICF ma Board of County AFFIDAVIT OF PUBLICATION Commissioners of Wald County, Colorado, on August STATE OF COLORADO 31, 1994, conditionally approved a Site Specific ^ SS Development Plan and COUNTY OF WELD Amended Special Review Permit for the property and purpose described below. I, ROGER A. LIPKER, of said County of Weld, being duly Conditional approval of this plan creates a vested property sworn,say that I am publisher of • right pursuant to Article 6e of Title a 24,C.R.S.,as amended,fo ears. WINDSOR BEACON t a period C.of three a APPLICANT: C & M Companies, do Jim a weekly newspaper having a general circulation in said McFarland,Distal Farms,P.O. County and State, published in the town of WINDSOR, in Box 490, Niwot, Colorado 80544 said County and State; and that the notice, of which-the LEGAL DESCRIPTION: Part annexed is a true copy, has been published in said weekly of the S1/2 of Section s,part of for / successive weeks, that the notice was the N1/2 E1Section npublishedin the regular and entire issue of every N of o of Section o 17,part of p,and e9 ry number of part of the SE1/4 of Section 7, the paper during the period and time of publication, and in all in Township 2 North.Range 68 West of the 8th P.M.,Weld the newspaper proper and not in a.supplement, and that County,Colorado the first publication of said notice was in said paper bearing TYPE AND INTENSITY OF .the date of the ,,'^./;-'gyp -'� APPROVED USE: A dews- b?day of brit A.D., 19 �/'� and the tared sand and gravel mine and materials processing facil- last publication ing the date of the Di in the A(Agricultural)Zone day of , A.D., 19 and that District the said WINDSOR BEACON has been published SIZE OF PARCEL: 132.95 continuously and uninterruptedly for the period of 5 acres,more or less consecutive weeks, in said County and State, prior to trio Failure to abide by the terms - date of first publication Lf said notice, and the same is i and conditions of approval will result in a forfeiture of the vest- newspaper within the meaning of an Act to regulate printing edproperlydghl. of legal notices and advertisements, approved May 18, BOARD OF COUNTY COM- 1931, and all prior acts so far as in force. MISSIONERS WELD COUNTY,COLORADO BY: DONALD D.WARDEN CLERK TO THE BOARD PUSS ISHER BY: SHELLY K.MILLER DEPUTY CLERK TO THE Subscribed and sworn to before me the /3'14 day of BOARD iSj $- __ 19 1994.Published in the Windmbar or e, f "" , _/, wO Beacon on September e, (��j`� 1994. NOTARY PUBLIC My commission expires 47, 2 , / /7 9 S40812 f4l (ti eS aril\ DEPARTMENT OF PLANNING SERVICES PHONE (303)353-'..845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI I o 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 s COLORADO July 5, 1994 CASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, 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 approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. L k 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. Pleas r er to he enclosed letter. Signed: Agency: 5� �^7�}1 Date: i " o:Figwrq[— AUG 0 5 1994 Avg AUG a 1994 DEPARTMENT OF PLANNING SERVICES q PHONE (303) 353-3845, EXT. 3540 i Ba - WUnIA�'n9 WELD COUNTY ADMINISTRATIVE OFFICES PII� 1400 N. 17TH AVENUE '} ® t. GREELEY, COLORADO 80631 COLORADO JUL July 5, 1994 CASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, -c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R6SW of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. _Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) -comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5.3CXk Please refer to the enclosed letter. 1 �� QQ Signed: /X p - .ce�'f� Agency: Cota,44ab C''- .66/15 CONS_ Comm. Date: AUG3 , 1-h11)i [ 940S12 STATE OF COLORADO OIL&GAS CONSERVATION COMMISSION Department or Natural Resources 1 580 Logan Street,Suite 380 Denver,Colorado 80203 Phone:(:S(13)894-2100 FAX:(30 31894-2109 DEPARTMENT OF August 1,1994 NATURAL RESOURCES Roy Romer Governor Ken Salazar Executive Director GIeg Thompson Richard T.Griebling Director Weld Planning Services Brian I Macke 1400 North 17th Avenue -Deputy Director Greeley CO 80631 Patricia secretary Dear Sir: Case number AM USR-877 has been reviewed by this office. In addition to the existing wells in the N2 of 17-2N-68W and the SE4 of 7-2n-68, which were addressed in the application, there is a dry hole located at 770' FNL, 660' FWL, section 17-2N-68W. This location should -be surveyed and marked. When this portion of the site is mined through and the final depth of excavation is reached, the casing can be cut below ground level and a steel plate welded on top of the casing. If you have any questions about the contents of this letter, please contact me at the above address or phone number. Sincerely yours, / Robert J. Van Sickle Petroleum Engineer • jq0S5MT—e. AUG 0 5 1994 wale einilyPlannl g 91OF12 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, Color-ado, 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 Cho 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 le examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County I;ent-ennial tenter, 915 10th Street, Third Floor, Greeley, Colorado. _DOCKET NO: 94-63 APPLICANT C & M Companies c/o Jim McFarland Distel Farms P.O. Box 490 Niwot, Colorado 80544 DATE: -August 31, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SI of Section 8, part of the NI of Section 17, Tart of the NE of Section 18, and part of the SE4-, of Section 7, all in Township 2 North, Range 6-8 West of the -6th P.M. , Weld County, _Colorado LOCATION: Approximately $ mile north of Weld County Road 20.5 and is miles east of Weld County Road 1 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: August 15, 1994 PUBLISHED: August 1-8, 1994, in the Windsor Beacon WIOSI2 . 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 AFFIDAVIT OF PUBLICATION time specified.All persons in any manner interested in the Site Specific Development STATE OF COLORADO Plan and Special Review Permit are requested to Sa attend and may be heard. COUNTY OF WELD Should the applicant or any interested party desire the I, ROGER A. LIPKER, of said County of Weld, being duly presence of a court reporter to make a record of the pro- -sworn,say that I am publisher of ceedings, in addition to the taped record which will be kept during the hearing,the WINDSOR BEACON Clerk to the Board shall be advised in writing of such a weekly newspaper having a general circulation in said action at least five days prior County and State, published in the town of WINDSOR, in to the hearing.The cost of engaging a court reporter said County and State; and that the notice, of which the shall be borne by the annexed is a true copy, has been published in said weekly requesting party. for successive weeks, that the notice was BE IT ALSO KNOWN that publishh in the regular and entire issue of every number of the text and maps so certified by the Weld County Planning the paper during the period and time of publication, and in Commission may be exam- the newspaper proper and not in a supplement, and that find in the office of the Clark'. to the Board of County; the first publication of said notice was in said paper bearing Commissioners, located in: the ate of the Weld County Centennial Center, 915 10th Street, / day of U t� �°- A.D., 19471 and the Third Floor, Greeley, last publication bearSrfg the date of the Colorado. 4ay of A.D., 19_ and that DOCKET NO:9463 the said WINDSOR BEACON has been published APPLICANT: C s M continuously and uninterruptedly for the period of 5 Companies consecutive weeks, in said County and State, prior to the do McFarland Distal McF date of first publication of said notice, and the same is a Jii Farms P.O.Box 490 newspaper within the meaning of an Act to regulate printing Niwot,Colorado 80544 of legal notices and advertisements, approved May 18, DATE:August 31,1994 1931,and all prior ads so far as in force.TIMEREQUEST: 10:00 am. /�jt-i � REOUESB A Site Specific Development Plan and Amended Special Reviewnd ISHER a for a n a send and gravel mine and materi- als processing facility in the _Sub_Frribed and sworn to before me this°a day of A(Agricultural)Zone District (tired , 199/7.r • _LEGAL DESCRIPTION: // btu. Pan of the 51/2 of Section 6, o (7 part of the N1/2 of Section .F 17, part of the NE1/4 of NOTARY PUBLIC Section 16, and part of the SE4 of Section 7, all in Township 2 North,Range 66 My commission expires West of the 6th P.M.,Weld County,Colorado LOCATION: Approximately 1/2 mile north of Weld County Road 20.5 and 1.1/2 miles east of Weld County Road 1 BOARD OF COUNTY COM- . • MISSIONERS P WELD COUNTY, COL- ORADO BY: DONALD D.WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K.MILLER DEPUTY CLERK TO THE BOARD DATED: August 15,1994 Published in the Windsor Suwon on August 18, 9'1OP1A /. 1994. V CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Rocket #94-63, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. tfi DATED this day of �� r a ,Lt , 1994. C & M COMPANIES TEMPERATURE PROCESSING COMPANY, INC. C/O JIM MC-FARLAND 10477 WELD COUNTY -ROAD 7 DISTEL FARMS LONGMONT, CO 80301 P.O. BOX 490 NIWOT, CO 80544 CITY OF LONGMONT CIVIC CENTER COMPLEX TUTTLE APPLEGATE, INC. 3RD AND KIMBARK STREETS C/O MIKE APPLEGATE LONGMONT, CO 80301 11990 GRANT STREET, SUITE 410 -DENVER, CO 80233 JUDITH ANN SCHELL 11820 NIWOT ROAD CITIZENS BANK OF AURORA LONGMONT, CO 80501. 15305 EAST COLFAX AVENUE AURORA, CO 80011 DONALD J. SHERWOOD 120 NINTH AVENUE DONALD J. SHERWOOD LONGMONT, CO 80501 C/0 CHARLES D. SAXTON KEN BACHMAN TOP OPERATING COMPANY 353 MAIN STREET RODNEY K. HERRING, V.P. LONGMONT, CO 80-501 410 17TH STREET, SUITE 1120 DENVER, CO 80202 MELBA G. -DISTEL 1443 WELD COUNTY ROAD 20.5 LONGMONT, CO 80501 ANDREA -PIERCE BIGELOW FRANK SCOTT, TRUSTEES 990 EAST HIGHWAY 119 LONGMONT, CO B0504 FENTON A. BAIN, TRUSTEE 3100 ARAPAHOE STREET, #402 BOULDER, CO -80303 / BURLINGTON NORTHERN RAILROAD } ' ,�,,/i, 1 ,C_ / �1. ' f� c/. ''— C/0 RAYMOND J. TOWNSEND Deputy -Cleric to the Board 304 INVERNESS WAY SOUTH ENGLEWOOD, CO 80112 COTTONWOOD LAND AND FARMS, LTD P.O. BOX 229 BOULDER, CO 80306 COOLEY GRAVEL COMPANY P.O. BOX 5485 DENVER, CO 80217 94.0R12 fwd'' m€moR#InDum wokTo Clerk to the -Board Date August 16, 1994 COLORADO From Greg Thompson, Current -Planner Lf AM USR-877 C & M Companies, c/o Jim McFarland - Distel Farms Subject: I have enclosed the Tri-Area Planning Commission and Colorado Oil and Gas Commission referral responses which were received after the Weld County Planning Commission meeting. Please include the information in the official case file. CD • C F J 940P12 31":1111.4.411 OFFICE OF BOARD OF COUNT'( COMMISSIONERS ' PHONE (303)356-4000E XT. 4200 FAX(303)352-0242 PO. BOX 758 � � GREECE Y. COLORADO 80632 COLORADO August 10, 1994 �`'`Z C & M Companies 1Q�� c/o Jim McFarland Distel Farms P.O. -Box 490 Niwot, Colorado 80544 Dear Mr. McFarland: Your application for a Site Specific-Development P1-an and Amended Special Review Permit for a dewatered sand and _gravel mine and materials processing facility in the A (Agricultural) Zone -District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. 'Phe legal description of the property involved is shown as part of the Sz of Section 8, part of the NI of Section 17, part of the NEt of Section 18, and part of the SE,' of Section 7, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom oT this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the _legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply -y Wednesday, September 1-4, 1994. if we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -771 1.v m W. H. Webster, Chairman 77 =O r- WHW/skm _ cc: Tuttle Applegate, Inc. I/we, / do hereby request the Board of County C i / loners to c nsider the above mentioned application. -5/ 5c. -3:52 303445A249 £ & M PIT PAGE 01 ;ONCRE7E&AGGREGATE MATERIALS 'vs wn or ROAD AO BOX 400 VIWO?,COLORADO 40544-0490 3031443-000 4522334 FAX TRANSMITTAL TO: L/, aS FAX NO. ‘.31:93 ` AC-2 " O2 S � PAGES TRANSMITTED INCLUDING COVER: FROM: C. 4- PA Sand • G[an -PHONE NO. gl q - ln2'1 a FAX No. .q 19-lay 9 DATE: ar/i, MESSAGES: 940S 12 art, mEmoRAilDum „ : -P COL..'Y Clerk to Board mete August 11, 199 To , j ` 2 Ri 12 55 Greg Thompson, Current Planner v4� ELERK COLORADO From TO Mc BO D -Amended USR-877, C&M Companies, c/o Jim McFarland-Diste arms Subject: Please include the enclosed original referral response in the official case file. 'Thanks. f L. / F 940612 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources e c% Department of Natural Resources 1,8 1313 Sherman Street, Room 818 Denver,Colorado 80203 Phone(303)866-3581 !rev6'--� FAX(303)866-3589 July 28, 1994 AUG 1 1994 : ^r Romer ----- ernor Mr. Greg Thompson, Planner sr t b 9£mnily Planing James S.tochhead Weld County Dept. of-Planning Services Executive Director 140_0 N. 17TH Ave. Hal of Simpson State Engineer Greeley, CO 80631 Re: Distel farms Quarry, C & M Companies, AM USR-877 M-89-029 Sec. 7, 17,118, T2N,-R68W, 6TH-PM W. Division 1, W. District 5 Dear Mr. Thompson: We have reviewed -the above referenced application to add 132.95 acres to an original permit for a gravel mining operation. The mining operation is-expected to have 12 employees. An estimated maximum of 40D,000 tons of raw material will be excavated per year. Annual water use during mining operations for dust control, processing -and product content, and evaporation from exposed ground water is-estimated at21.6 acre feet. The applicants propose two lined ponds with a total-surf-ace area of 34.31 acres as the reclamation option. The applicant has well permit No. O42746-F, for-the-existing pit and havesubmitted a propnsedsubstitute supply plan to replace stream depletions. Asiong as the consumptive use of water does not exceed the 21.58 acre feet permitted and the total ar-ea of ground water ponds does not exceed 2.1 acres, a new-well permit-will not he required. We have no objection 7o preliminary approval, however we recommend that final approval be withheld until-the substitute supply plan is approved by the State Engineer. If you have any questions in this matter,please_contact me. Sincerely, Jill-P.m/ cc...4W( CIA, John Schurer,P.E. Senior Water Resource Engineer JS/distil cc: Alan Berryman, Division Engineer Water Supply Branch Pits File 94tRi2 • OFFICE OF BOARD OF COUNTY COMMISSIONERS WI I PHONE (303) 356 4000.FXT 4200 FAX(303)3520242 C. P9 BOX 758 GREELEY Y. COLORADO 60632 COLORADO Post-it" Fax Note 7671 Date 9/ 5-/jii Ira8es� August 10, 1994 mu/n.1 From tk () lc, ` l Co/Dept r co. (? /f/A- -1c; / Y2r<( C & M Companies Phone# phone#2rL_ x 00 Jim McFarland Distel Farms Fax# Attiq_ q,y—/n ;IC)Fax# 6� !�_(),:�l�/._�- P.O. Box 490 / _7 Niwot, Colorado 80544 Dear Mr. McFarland: Your application for a Site Specific Development Plan and Amended Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the SI of Section 8, part of the NI of ' Section 17, part of the NEI of Section 18, and part of the SE-', of Section 7, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of -County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by Wednesday, Sept-ember 14, 1994. It we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 6o17teth W. H. Webster, Chairman WHW/skm cc: Tuttle -Applegate, Inc. I/we, , no hereby request the -Board of County Commissioners to consider the above mentioned application. _X t 240S1 qtr mEmORAnDUm WI` a To Clerk to the Board August 8, 1994 Date COLORADO From Greg Thompson, Current Planner 6T-' Amended USR-877, C&M Companies, c/o Jim McFarland - Distel Farms Subject: Enclosed is the affidavit of publication for the above-mentioned case which is dated July 7, 1994. Please include it with the official case file. Thanks! 7"e 19T cD r-J .7o CJ tJ _ do i:, r t 77\ 940S12 ' NOTIEE(IF PIIIII IC I H _ The wad county PannOr AFFIDAVIT OF PSIBUCATION Commission will hold a pub- lic hearing on Tuesday, August 2,1994,at 1:30 p.m. STATE OF COLORADO for the purpose of consider- ing a She Specific SS Development Plan and an -COUNTY-OF WELD Amended Special Review permit for the property described below.Approval of I, ROGER A. LIPKER, of said County of Weld, being duly the request may create a • vested property right pur. sworn, say that I am publisher of suant to Colorado Law. APPLICANT:C e M WINDSOR BEACON Companies, c/o Jim McFarland-Distal Farms a weekly newspaper having a-general circulation in said LEGAL DESCRIP ION:Part County and State, published in the town of WINDSOR, in of the S2 of Sear rt of the 512 of Section 17,pert of -said County and State; and that the-notice, of which the the NE4 of Section 1a,pert annexed is a true co has been-published in said weekly of meSE4 S Section 7,al In copy, for / successive weeks, that the notice was T2N,-Reeve of the em P.M., published in the regular-and-entire issue of_every number of Weld_Cow4y,Cobrade. TYPE AND INTENSITY OF the paper during the periodand time_of publication, and in PROPOSED USE: the newspaper proper and Tot in a supplement, and that Dewelwed sand and gravel the first publication of said notice was in said paper bearing mine and materials process- he date of the ing facility -1464. day of A.D., 191 f and the _LOCATION:Approximately last publicatio ing the date of the 1/2 mile north of Weld _County Road 20 1/2 and day of A.D., 18 and that approximately 1 1/2 miles the said WINDSOR BEACON has been published east of Weld County Road 1. SIZE:132.95 acres, more or continuously and_uninterruptedly for t"e period of 5 less consecutive weeks, in said County and St tire,prior to the date of first'publication of said notice,and the same is a The public hearing will be news held m he Weld Countypaper within the meaning of an Act to regulate printing 'Commissioners' Hearing -of legal notices and advertisements, approved May 18, Room, First Floor, Weld 1931, and all prior acts so far as in force. County Centennial Center, 915 Tenth Street, Greeley, /' o. or'above -Comments s e /� objections related to the above request should submitted in writing to the — rP ISHER Weld County-Department of Planning Services,s, 1400400 N. 17th Avenue, Greeley, Su ibed and sworn to before me this irti day of Colorado °0631,before the above date or presented at 1-9 94/ the public hearing on August `rn 2,1994. 4 //Y` ��IC _c LO Copies of the application are rr// I' • '��zir available for public entof NOT-ARY PUBLIC inspec- tion in the Department of ^ Planning Avenue,s Greeley. Mywmmission expires K "7 2_,/ /7,7_6 . Colorado 80631 - Phone - 353-3845,Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission Published In die Windsor Deacon on JWy7,fist. 1.1 \. BUG D 3 1994 wradrnuMyplannm_g _S40R12 MINUTES August 2, 1994 Page 4 Judy Yamaguchi asked if the applicant had any concerns with the Planning staff's recommendation. Mr. Pickard stated they had no concerns. Richard Kimmel moved Case Number ILSR-1052 for a Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (140 foot tall water storage tank) be approved by the Planning Commission. Motion seconded by Juliette Kroekel. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Marie Koolstra - yes; -ion Sommer - yes; Judy Yamaguchi - yes. -Motion carried unanimously. CASE NUMBER: Amended USR-877 APPLICANT: C & M Companies c/o Jim McFarland - Distel Farms ADDRESS: P.O. Box 490, Ni-wot, CO 80544 REQUEST: A Site Specific Development Plan and an Amended Use by Special Review Permit for a dewatered sand and gravel mine and materials -processing facility in the A (Agricultural) zone district. L-EGAL DESCRIPTION: Part S2 Section 8, part N2 Section 17, part NE4 Section 18, and part of SE4 Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. - LOCATION: Approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. dike Applegate, representative, stated that they would like to amend the Special Review permit to add a piece of property adjacent to the site. There will be no increase in traffic. They have an existing road improvements agreement and a reclamation plan. The Chairperson asked if anyone in the audience mould like -to speak for or against this proposal. Ted Cox, surrounding property owner, played a tape to the Planning Commission that demonstrated the noise on Weld County -toad 20 1/2. He stated there is constant noise on his property. There is severe road damage and there have been several accidents. He was concerned about the dewatering and its effect on the trees and wildlife. Jesse Thomas, surrounding property owner, stated that the dust and sand is really a mess. -Shirley Camenisch asked the applicant about trucks going west on Weld County Road 20 1/2. Mr. Applegate stated that C 3, M Companies trucks go the right way (to the east) as for independent haulers, it is harder to control it. Ron Sommer -asked if there would be an increase in trucks. Mr. Applegate stated no. Judy Yamaguchi asked if this request was approved, how long would they be in production. Mr. Applegate stated three to _four years. -Discussion followed on Development Standard #4. S4QRi MINUTES August 2, 1994 Page 5 Richard Kimmel moved Case Number AM USR-877 for a Site Specific Development Plan and an Amended Use by Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commissions' -recommendation for approval. Motion seconded by Shirley Camenisch. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - no; Marie Koolstra - no; Ron Sommer - no; Judy Yamaguchi -yes. Motion tied. Juliette Kroekel stated: "I am concerned right now C & M has not shown compliance with the conditions that are already there that have been in place, and hearing that there is 15 or 40 loads a day of other trucks, a ton load going the wrong way is to much, as far as I am concerned. They are not suppose to go that way anyway. You have to have control over the trucks. Once that is shown I could go along with it. Also, I'd rather hear with the trees and wetlands lets think about down the road, I'd rather hear how we can stop those trees and wetlands from being damaged now. Not they will come back in a or 10 months. Trees take awhile to grow around here." Marie Koolstra stated: "The roads need to be addressed in this area." Ron Sommer stated: "Two reasons; the roads, and I believe when we start with a certain gravel pits to extend on years, there is nothing ever to stop it from going to reserves to the next piece of property and just keep the road in perpetual disrepair and whether it is the County's fault or C & M they have not maintained the roads." Judy Yamaguchi: "With the full understanding that the traffic will only go one way and the mature trees on-site will not be disturbed to the greatest extent possible and we do make sure that is followed." CASE NUMBER: USR-1055 APPLICANT: Twin Peaks Excavating - Schell Pit ADDRESS: 11802 Niwot Road, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for a dewatered gravel mine in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION Approximately .25 mile north of Weld County Road 20.5 and approximately 1.25 miles west of Weld County Road 7. Mike Applegate, representative, stated Mr. Schell has a residence on this land and would like to have a lake on the property. The mining and reclamation would take about a year. Lee Morrison stated that Condition of Approval #3 should be reworded not to create a second entity. The Chairperson asked if there was anyone in the audience would like to speak for or against. 940R1 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION -RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel that the following resolution be introduced for pass4ge by the Weld County Planning Commission. Be it resolved by the Weld County . Planning Commission that the application for: CASE NUMBER: Amended USR-877 m !� J APPLICANT: C & M Companies c/o Jim McFarland - Distel Farms ['� �? f�; ADDRESS: P.O. Box 490, Niwot, CO 80544 r " w: REQUEST: A Site Specific Development Plan and an Amended Use toy Spgcjial - 4j --s Review Permit for a dewatered sand and gravel mine and mater ls.i - processing facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part S2 Section 8, part N2 Section 17, part NE4 Section 18, and part of SE4 Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application -requirements of Section 24.7, 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the 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, Transportation and Urban Growth Boundary 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 City of Longmont has reviewed this case and indicated a concern with the amount of time the access across their property is proposed for. Condition of Approval #3 addresses this concern. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - 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: Boulder Creek, pasture, rural residences, and irrigated crops. y, l- Lk / 940c12 RESOLUTION, Amended USA-877 C&M Companies, c/o Jim McFarland-Distel Farms Page 2 - Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval 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. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and -Recorder. 3. The access to the Schell Pit across City of Longmont property shall only be utilized as long as a legal, binding agreement exists between the applicant and the City of Longmont to utilize the access to the Schell -Pit. 4. -Prior to recording the plat: A. The existing Emission Permit shall be modified for the increased operation, if the Colorado Department of Health determines such a modification represents a significant change in emissions or production. If the Colorado Department of Health determines the increased operation does not require a modification to the existing Emission Permit, the applicant shall submit information which indicates this. -P. If applicable, the existing NPDES Permit shall be amended for the increased operation if the State determines such a modification represents a significant change in the discharge. If it is not a significant change, the applicant shall submit evidence to this effect. 940St2 RESOLUTION, Amended USR-877 C&M Companies, c/o Jim McFarland-Distel Farms Page 3 C. The facility shall amend its stormwater discharge permit at the Colorado Department of Health, Water Quality Control Division. D. The applicants shall submit a substitute water supply plan to the State Division of Water Resources for their approval, and shall submit the approval information to the Department of Planning Services. E. The applicants shall apply for the appropriate building permit and zoning permit for the mobile home located northwest of the processing area and utilized as a breakroom. Additionally, the plat shall be amended to include the location of the mobile home. 5. Mature trees on-site shall not be disturbed to the greatest extent possible. If the mature trees cannot be maintained, the applicant shall consult with the Division of Wildlife and submit a replanting plan to the Department of Planning Services. Motion seconded by Shirley Camenisch. VOTE: -For Passage Against Passage -Richard Kimmel Juliette Kroekel Shirley Camenisch Marie Koolstra Judy Yamaguchi Ron Sommer The Chairperson declared the motion failed for lack of a majority and ordered that a certified copy of this resolution be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Becky Dittman, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on August 2, 1994. mated the 2nd of August, 1994.deriyarO/0Becky Dittman Secretary S4Oc1, SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C&M Companies, c/o Jim McFarland - Distel Farms Amended USR-877 1. The Site Specific Development Plan and Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility 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-pit gravel operation shall comply with the operation policies identified in Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Weld County Road 7; then north or south to State Highway 119 or State Highway 52. At no time shall heavy truck traffic associated with this use operate on Weld County -Road 1 or that portion of Weld County Road 20-1/2 west of the Special -Review site. 5. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations, including: A. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year floodplain 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 floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. Mature trees on-site shall not be disturbed to the greatest extent possible. 8. No new access points shall be allowed from the site to any Weld County Roads. 940812 REVELOPMENT STANDARDS, Amended USR-877 C&M Companies, c/o Jim McFarland - Distel Farms Page 2 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. No permanent disposal of wastes shall be permitted atthis site. 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 12. Fugitive dust shall be controlled on this site. 13. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 15. The facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 16. The site shall meet the codes and standards of the Mountain View Fire Protection District. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Sections 24.6 and 44.4 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. The Special Review area shall be limited to the plans shown hereon and governed 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. 94-0R1 DEVELOPMENT STANDARDS, Amended USR-877 C&M Companies, c/o Jim McFarland - Distel Farms Page 3 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 9.0832 INVENTORY OF _ITEMS SUBMITTED -FOR CONSIDERATION Applicant: C&M Companies, c/o Tim McFarland - mistel Farms Case Number: Amended USR-877 Submitted or Prepared Prior to Hearing At Hearing 1. Application 128 pages X 2. 3 Application plats 3 pages X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DRS -Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and nertificate. 7. 2 "DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field -Check X 11. Planning Commission Member Field _Check X 12. Weld County Public Works referral response X dated July 7, 1994. 13. -Left Hand Water District referral response X dated Uuly 11, 1994 14. S.ongmont Soil Conservation District referral X response, dated Uuly 12, 1994. 15. Photo of sign posted adjacent to traveled X roadway, dated July 13, 1994. 16. Photo of -second sign posted on-site, dated X July 13, 1994 17. Copy of photos of -signs 18. Weld County Health Department referral X response, dated July 13, 1994. 19. Tivision of Wildlife _referral response, X dated July 18, 1994. 20. Memo from Greg Thompson, Current Planner, to X Lee Morrison, Assistant County Attorney, dated July 21, 1-994, concerning lease agreement between the City of Longmont and C&M Companies d4Oc+? Ek Ac- c { A INVENTORY OF ITEMS, Amended AMR-877 Page 2 21. Army Corps of Engineers referral response X dated July 20, 1994. 22. EN -Front Range Gathering Company referral X response dated -July 20, 1994. 23. Central Color-ado Water Conservancy District X referral response dated July 25, 1994. 24. Division of Water Resources -referral response X dated July 28, 1994. 25. Mountain View Fire Protection -District referral X response dated July 23, 1994. 26. 15 photographs submitted by Ted Cox, surrounding X property owner. 27. Audio tape submitted by Ted Cox, surrounding X property owner. 28. Planning Commission resolution. At Hearing I hereby certify that the 28 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 August 5, 1994. Current lanner/ STATE OF COLORADO ) COUNTY OF WELD ,, 0.0 0HIBED AND SWORN TO BEFORE ME THIS day of J AJ�JaJ1J0-&L) 19 94 G1q -49 NOTARY UBLIC PM.''•• 1 rMynCommission Expires V. 07.I , I ggts. 94D 12 EXHIBIT INVENTORY CONTROL SHEET Case iru1 td U`, 87'1 - ) Exhibit Submitted -By Exhibit Description )(tt rUw aU` �Irri ein 42,2, r rn- firrt/tic au a4 8• -}''_eLtniti/ia..1, , Pa %lOi-� ,ktml c tl O P[m a-1 yo K,w IDS„) C. ^Ltfru-urt,5 l C 7Ythe, utsn� � �($ �Y L�;�� (7 C(.At YryaJ� p (1ari 11 a.11O � (t/i/Ari rid �rC .Lt a t., (P6. L ob%) H4, E. 1 (a» i 7v ("�-)ow d ✓1Q' Ll. /t,teltiitZitq. //w/10A a ail' ) ¢�r F. �JJfQtL flr'i'r 1 u. H. I K. L. M. N. 0. P. Q• R. • S. T. U. V. N. x. Y. Z. REFERRAL LIST NAME: C & M Companies, c/o Jim McFarland - Distel Farms CASE NUMBER: AM USR-877 -REFERRALS SENT: July 5, 1994 REFERRALS TO BE RECEIVED BY: July 19, 1994 COUNTY -'OWNS and CITIES Attorney _Ault - X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriff's Office _Eaton • X Public Works Erie Housing Authority Evans Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE Garden City X Division o₹ 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 o₹ Wildlife La Salle FIRE DISTRICTS Lochbuie _Ault F-1 ---- X Longmont Berthoud F-2 Mead Briggedale 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 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 Burlington Northern Railroad — X Longmont - X Left Hand d Water District _ West -Adams �KidUu~y�' e).44-e).44- /M'5I COMMISSION/BOARD MEMBER .,/ce fli X Judy Yamaguchi 940812 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C 140 ON ORA O 8 631 UE GREELEY, COLORADO 80631 COLORADO July 5, 1994 SASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, 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 approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 7.9, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. -A formal recommendation is under consideration and will be submitted to you prior to: Please refer to the enclosed letter. Signed: Agency: Date: 940812 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: , f3,o� Recording Fee Receipt I: Receipt Number: 491)38S Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed sand & Gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: -LEGAL DESCRIPTION See Exhibit A in the attached application TOTAL ACREAGE: 132.95 2. Surface owner(s) of area of land described Name: Donald J . SherwoAddress: 120 - 9th Ave. -Phone:772-9081 Name: Address: Longmont, CO 80501 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Donald J. Sherwood Address: 120 - 9th Ave. Phone:772_9081 Name: Address: Longmont, CO 80501 Phone: 4. Source of applicants' legal right to enter and to mine on the land -described: Lease - See Exhibit 0 in State Application (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: Jim McFarland,P.O. Box 490 Phone: 443-1099 General Office address:7916 Niwot Rd. Niwot, 80544 Phone: 6. Identify any prior permits for mining held by applicant or ii entii person: Distel Farms USR-877 Williams Pit USR-886 I. / W-W Farms USR-897 1.«. ✓s _877 Platte Valley USR-905 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Scrapers and front end loaders will be used for earth moving. Scrapers, haul trucks or conveyor will transport material to existing processing site. See Mining Plan.Exhibit D, in State Application for more information. b. Maximum number of employees: 12 , and number of shifts:1-10/6 days/week r. Number of stages to be worked: 4 , and -periods of time each is to be worked: 1 year d. Thickness of mineral deposit: 10 feet. ,and thickness of the overburden: 5 e. This will be a wet Ern pit operation. 1. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : See Traffic pattern attachment contained in the application. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): Developed Water Resource b. Source of technical advice for reclamation: ACOE, CDOW, SCS, Tuttle Applegate, Inc. c. Explanation of Reclamation Process: Creation of lined reservoirs with reclaimed shorelines as explained in the State Application, Exhibit E. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Weld STATE OF Colorado ature: 0 .er/Authorized Agent subscribed and sworn to be4ie mE. thi's/, , day ofC Lj o . 19y� SEAL if OT Y y UB c, Gi• -My Commission expires i 7 'yC��7 �1��f . `• ` _ ` '-`rc ° fir' 342 lluttleApplegate,Inc. Consultants for Land. Mineral and Water Development June 22, 1994 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning 1400 North 17th Avenue Greeley, CO 80631 -RE: Distel Farms Pit; Use by Special Review Amendment for a Mining Operation Dear Mr. Cunliffe, With this letter and the accompanying documents, we are requesting a Use by Special Review Amendment Tor an existing mining operation within the agricultural zone. The applicant holds a_current Use by Special Review Permit (USR-877) in Weld County for the site that is being amended. We are including for your use the complete Regular Operations application (amendment to M-89-029) as administered by the Division of Minerals and Geology. This application will fully describe our proposed use of mining and final reclamation. Any additional information as requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and application fee. This amendment proposes to add land to the west of the original permit for additional resource extraction, to the east for an access easement to the Schell Pit which is being permitted concurrently with this operation, and to the south to expand the resource stockpile area, and provide access from the new parcel on the west. The proposed mining operation amendment is consistent with the Weld County Comprehensive Plan. The pit will be supplying aggregate to various users in Weld County. The proposed site is a valuable resource and will be restored to a beneficial use. This operation will not adversely impact the agricultural economy of the County. The water storage reservoir afteruse for the reclamation of the mine pit is consistent with existing land uses as well as anticipated proposed land uses. The lake areas created by the mining operation will be for private water storage and as such should not need a Special Review permit from the county. The lakes will have a total surface area of 34.3 acres and will be filled by water rights held by the property owner. The applicant will need to augment water due to the evaporative losses on the mining operation only. These plans are explained in detail in Exhibit G of the Regular Operation Amendment application. Sand and gravel mining and agricultural uses presently surround the property. 11990 Grant Street, Suite 410• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 940812 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning June 22, 1994 Page 2 The application complies with the County Flood Hazard Overlay District Regulations. The reclamation of the pit is proposed as a lake for water storage. The creation of ponds is encouraged by the County in floodplain areas. We will submit a Flood Hazard Development permit application under separate cover, if it is required. The proposed use is not located in a geologic hazard area, nor is it located in the Weld County Airport Overlay District. The mine pit is proposed to be located in the "A" District. The applicant has made a diligent effort to conserve productive agricultural lands. The Weld County General Soil Map showing Agricultural Land Capability Classes shows this area as being mostly Class IV and Class VI - irrigated. These areas are described as having severe limitations that generally make them unsuited to cultivation and limit their uses to mostly pasture land. The use will not adversely affect agricultural ditches, wells, or senior water rights. The applicant will comply with all conditions of State and local permits thus insuring the protection of the -health, safety, and welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air quality, water quality, noise, on-site mine safety, and reclamation according to applicable State permits. Noise from the processing site equipment at the property line will not be a problem. All processing will occur where the plant site is now located, on the existing permitted area. The nearest residence is located 400 feet from the permit boundary. All noise at the property line will continue to be less than the agricultural noise standards developed by the State Department of Health. Compatibility with surrounding land uses is insured by location and setbacks. To the north is an abandoned railroad right-of-way and agricultural lands. To the east of the proposed site is the existing mining operation and plant site. To the south and west are more agricultural lands. The agricultural lands to the south, west, and north will not be affected by the operation, and will be protected by the mining setbacks. Changes to the reclamation plan of the original Distel Farm permit area will have minimal impacts to the wildlife in the area. Lining of the reservoir will not significantly change the mining or reclamation sequence of the operation. The additional parcel to the east, which is City of Longmont Open Space property, will be used strictly for access to the Schell Pit. Mining at that site will occur quickly (less than two years) and will not present a lasting impact to the area. When mining and reclamation are completed at Schell Pit, access to the property from Distel Farm will be removed. The City of Longmont property will be reclaimed as prairie area. 240812 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning June 22, 1994 Page 3 Additional acreage to the west of the current Distel Farm permit will be used for resource extraction. This area is projected to be mined in less than five (5) years. Wildlife species present in the area are expected to be the same as listed for the original permit. Impacts to wildlife in the area are not expected to be any greater than currently exists as C & M will not be increasing their mining rate, only expanding the extraction area. The creation of water storage ponds by the mining operation could result in an increase of water fowl in the area. The surrounding shorelines area will be reclaimed as pasture and will provide some forage and cover for various small species of wildlife. The mining and processing operations will generally work one eight to ten hour shift, approximately 260 days per year. This is the same schedule that is currently being used at the mine site. Maintenance of vehicles may need to occur after hours. It is expected the operation will continue to employ 12 workers on- site. There will be no livestock allowed near the mining activities at the site. Vehicular traffic and access routes are discussed in the accompanying "Traffic Pattern" statement, and will be the same as the existing operation. The statement has been provided separately for ease of reference by County engineering personnel. There will be no increase in truck traffic from this amendment. There will be no permanent structures proposed by this use. The equipment used is delineated on the Use by Special Review application, and in the existing USR Permit. In order to minimize the visual impact of the operation, the mining is divided into phases of approximately 17 to 35 acres each. The phases will limit the amount of disturbed ground at any given time. In addition, the reclamation will proceed concurrently with the mining as it is currently being done. Immediately after the mining is completed in a particular phase, the reclamation will begin. Phasing is shown on the attached Exhibit C. Detailed reclamation plans are discussed in the attached Exhibit E and shown on Exhibit F'. A portion of the amendment area is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA). The site is shown as Zone A which is described as "Areas of 100-year flood: base flood elevations and flood hazard factors not determined." The operator will comply with Sections 53 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit if it is required. The newly amended area proposes no stockpiles or permanent structures in the floodplain which may not require a new Hood Hazard Development permit. 940812 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning June 22, 1994 Page 4 Topsoil stockpiles will be aligned with the general direction of the flows of the St. Vrain Creek, therefore minimizing the potential to increase the depth of backwater from the site. The stockpiles are separated from the St. Vrain Creek by the mining pit, therefore, reducing the potential of the materials from being transported from the site. Approximate sizes and locations of stockpiles are shown on the accompanying Exhibit C of the DMG application. Product stockpiles will be placed near the processing plant at the original plant site. The processing plant site is at the very outside edge of the floodplain. If flood waters do enter the site, their impact on the stockpiles will be extremely limited due to low flood water velocities. The vehicular equipment will be equipped with fire extinguishers per OSHA regulations. There will be no permanent structures proposed with this use. The site lies within the Longmont F-10 Fire Protection District. The Regular Operations application Exhibit G discusses the availability of water for dust control, moisture loss, and evaporation loss. Drinking water on-site will continue to be provided by the operator in the form of bottled water. Sanitary facilities will continue to be provided for in the form of portable San-O-Let facilities. A copy of the lease agreement is included in the attached Exhibit O, to demonstrate the applicants interest in the property and legal right to enter. Soils information is included in the attached Exhibit I. The soils do not pose any limitations to the proposed mining use based on SCS criteria. Should you require any more information, or desire a visit to the site, please give us a call. Cordially, TUTTLE APPLEGATE, INC. Mike Applegate, P. . MA/sjr Bncs. cc: File #93-193 Jim McFarland, C & M Companies z:\93193\weldco.ltr 1 S40812i L Tient £ & M READY MIX CONCRETE COMPANY OF BOULDER LEASE OF A PORTION OF THE CITY OF LONGMONT LANDFILL THIS LEASE is entered into this M Ay , 1994, by and between the City of Longmont,Colorado,a municipal corporation,408 Third Avenue, Longmont, Colorado 80501, hereinafter called the "City," and C & M Ready Mix Concrete Company of Boulder, a Colorado corporation, 7916 Niwot-toad, P.O. Box 490, Niwot, Colorado 80544, hereinafter called the "Lessee." THE PARTIES' RECITALS are as follows: The City is owner of lands in the County of Weld, State of Colorado, described and depicted as Parcel A and Parcel D on Attachment A; and The Lessee is the owner of land in the County of Weld, State of Colorado, described and depicted as Parcel B on Attachment A; and The Lessee has a mining lease agreement with the landowner south of Parcel D, in the County of Weld, State of Colorado, described and depicted as Parcel C on Attachment A; and The Lessee desires to lease Parcel D from the City for transporting of sand and gravel it will mine from Parcel C to Parcel B for processing and sale. IN CONSIDERATION of the recitals, mutual promises,payments, covenants, warranties, and agreements herein, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties covenant and agree as follows: 1 Land Parcel The City leases unto the Lessee, upon the terms and conditions herein, the real property _described and depicted as Parcel Don Attachment A, consisting of seven (7)acres, more or less, thereinafter called the "Premises." 2 Authorized Use 2.1 The Lessee may use and occupy the Premises for the following purposes: 2.1.1 Ingress and egress by the Lessee for hauling by truck or carrying by conveyor the sand and gravel it mines from Parcel C to Parcel B; and 2.1.2 Construction and maintenance of a road surface for ingress and egress by -the Lessee for hauling by truck the sand and gravel it mines from Parcel C to Parcel B; 2401112 2.1.3 Construction, use and maintenance of a conveyor system for transporting the sand and gravel it mines from Parcel C to Parcel B. 2.2 Before constructing any improvements on the Premises, the Lessee shall submit a plot plan, as defined in Section 18.08.270, Longmont Municipal Code, for review and final approval by the City, and satisfy all applicable terms and conditions of this Lease. 2.3 The Lessee shall have no right to utilize the Premises other than as stated in this Article 2. 3 Term and Option 3.1 The City leases the Premises unto the Lessee for two (2) years, commencing on the date in the preamble. The Lessee has an option to negotiate with the City for the renewal of the Lease for an additional two (2) years. The Lessee shall notify the City not less than sixty (60) days before the expiration of the Lease if the Lessee desires to exercise this option. If the parties do not agree upon terms and conditions for renewal thirty (30)days before the expiration of the Lease, the option to negotiate shall expire without further notice, and the Lessee shall -remove all of its improvements from the Premises before expiration of the Lease. 4 Rate and Manner of Payment 4.1 For lease of the?remises the Lessee shall pay annually, in advance, to the City a sum of$1,000.00. 5 Construction and Improvement 5.1 Before beginning construction of any improvements on the Premises, the Lessee shall: 5.1.1 Submit plans for all improvements for review according to paragraph 2.2 of'this Lease; and 3.1.2 Comply with all applicable rules and regulations of Weld County and any other governmental entity having jurisdiction over the Premises or the Lessee's operations; and 5.1.3 Construct all improvements in a good and workmanlike manner according lo the applicable codes, rules and regulations of Weld County, the City and any other _governmental entity having jurisdiction over the Premises or the Lessee's operations; and 5.1.4 Furnish the City with an acceptable financial guarantee before commencing construction in an amount equal to 25 percent of the total cost of construction of the 2 940812 improvements. If the Lessee fails to remove its improvements and restore the Premises to the condition existing immediately before the term of this Lease, the City may apply this financial guarantee toward the City's costs of doing so. 6 Maintenance Obligations 61 The Lessee, at its expense, shall maintain all improvements it constructs on the Premises in a safe, sanitary, orderly, and sightly condition, and in good repair. 6.2 The Lessee shall be responsible for the cost of mitigating and cleaning up of-any environmental contamination of the Premises, or improvements thereon, caused by the Lessee, its employees, invitees, subcontractors or agents. 7 Signs 7.1 The Lessee shall not erect or maintain any signs on the Premises without the prior written consent of the City and Weld County. 8 Reservation of Right of Access and Use -8.1 The City reserves and retains for its officers, employees and representatives the -right to enter and inspect or protect the Premises during reasonable business hours, and at any time there is an emergency. B 2 The City reserves and retains the right to use, repair, install, replace and maintain public utilities and rights-of-way on, over or under-the Premises. 9 Indemnification 9.1 The Lessee assumes the risk of loss or damage to any improvements on the Premises, whether from windstorm, fire, earthquake, snow, water run-off, soil conditions, or any other causes whatsoever. 9.2 The Lessee warrants, _covenants and agrees that it shall indemnify and save harmless the City,during and after the term of this Lease, from all demands, claims, costs, causes of action or judgments, and from all expenses and attorneys' fees that the City may incur in investigating or resisting the same, arising from or out of any negligence or nonperformance of a term, condition, warranty, covenant, or work by the Lessee, or the Lessee's contractors, subcontractors, agents, members, stockholders, employees, invitees, successors or assigns. 3 940812 • 10 Hazardous Materials 10.1 For this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any federal, state, political subdivision or local government entity or agency. The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined as a "hazardous substance" under Colorado law, (ii) petroleum, (iii) asbestos, (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6903), (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601), or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. § 6991). 10.2 The Lessee shall not cause or permit the use, storage, placement or release of any Hazardous Material on or about the Premises by the Lessee, its agents, employees, contractors, subcontractors or invitees, without the prior written consent of the City. If the Lessee breaches an obligation of the preceding sentence, then the Lessee shall indemnify, defend and hold the City harmless from all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of the Premises or of any amenity of the Premises, sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees) which arise during or after the lease term as a result of such contamination. This indemnification of the City by the Lessee includes, without limitation, all costs the City incurs with any investigation of site conditions or any cleanup, remedial, removal, or restoration work any federal, state, political subdivision, or local government entity or agency requires because of Hazardous Material present in the soil or groundwater on or under the Premises. Without limiting the above, if the Lessee permits the presence of any Hazardous Material that results in any contamination of the Premises,the Lessee shall promptly take all actions, at its sole expense, necessary to return the Premises to the • condition existing before the introduction of any such Hazardous Material; however, the Lessee shall request and obtain approval from the City before implementing any remedial actions on the Premises. 11 Insurance Provisions 11.1 Before performance under this Lease, the Lessee must present all applicable insurance policies, certificates of insurance, and endorsements, along with a signed copy of this Lease, to the City of Longmont's Risk Manager, and receive the Risk Manager's written approval as to adequacy of insurance coverage. The address of the City of Longmont's Risk Manager is 350 Kimbark Street, Longmont, Colorado 80501. 11.2 The Lessee shall purchase and maintain for the full period of this Lease, including any additional option period, at the Lessee's sole expense, insurance policies providing coverage as follows: -4 940812 11.2.1 Commercial general liability occurrence form coverage for personal injury, bodily injury and property damage--which shall include explosion and collapse, underground hazard, products/completed operations, contractual liability, broad form property damage, and owners/contractor's protective coverage--with minimum coverage of not less than the maximum amount that may be recovered against the City under the Colorado Governmental Immunity Act for (a) any injury to one person in any single occurrence (currently $150,000.00), and (b) any injury to two or more persons in any single occurrence (currently $600,000.00); 11.2.2 Automobile liability insurance coverage, comprehensive form, with minimum coverage for owned, hired and non-owned automobiles of not less than the maximum amount that may be recovered against the City under the Colorado Governmental Immunity Act for (a) any injury to one person in any single occurrence (currently $150,000.00), and (b) any injury to two or more persons in any single occurrence (currently $600,000.00); 11.2.3 Workers' compensation insurance as required by Colorado statute; 11.2.4 Employer's liability insurance with minimum coverage of$1,000,000.00 per occurrence; and 11.2.5 Builder's risk liability insurance with minimum aggregate coverage in the amount of the value of all improvements the Lessee anticipates constructing on the Premises. 11.3 The insurance policies shall contain an endorsement naming the City of Longmont, Colorado, a municipal corporation, its council members, officers, agents, employees and volunteers, as additional insured parties with respect to all activities the Lessee may perform under this Lease, and shall include a notice provision requiring 30 days written notice to the City before cancellation. 11.4 Only insurance companies with authority to issue policies in Colorado shall provide insurance coverage under this Lease. 11.5 For the term of this Lease, the Lessee shall not cancel, materially change, or fail to renew the insurance coverage, and agrees to notify the City of Longmont's Risk Manager of any material reduction or exhaustion of aggregate policy limits. If the Lessee fails to purchase or maintain the insurance coverage set forth in this Lease, the City shall have the right to procure such insurance coverage at the Lessee's expense. 11.6 Nothing in this Article 11 shall limit the extent of the Lessee's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under this Lease. 3 940512 12.1 The Lessee shall own any improvements it constructs on the Premises, and may at any time remove them during the term of this Lease. 12.2 The Lessee covenants and warrants that on expiration, termination or cancellation of the Lease, it will remove all of its improvements, and restore the Premises to the condition existing immediately before the term of this Lease, and peacefully quit and surrender possession. 12.3 The City shall have the right on expiration, termination or cancellation of the Lease to enter upon and take possession of the Premises without liability for trespass. Should the Lessee hold over or continue to occupy the Premises on expiration, termination or cancellation of this Lease, at the City's option, such holding over may be deemed merely a tenancy for successive monthly terms upon the same conditions as otherwise provided in this Lease. 13 Breach or Abandonment 13.1 At the City's option, it shall be a breach of this Lease if the Lessee fails to pay a lease payment when due, or defaults in performance of any term, condition, covenant or warranty. If the City chooses to declare a breach of this Lease, it shall give the Lessee ten (10) days written notice requiring payment or compliance with the term or other provision. If the Lessee does not correct the breach after ten (10) days written notice, the City, at its sole option, may declare an end to the Lease term, repossess the Premises, expel the Lessee, and remove the Lessee's improvements, all without liability for trespass or for damage or loss to the improvements or the Lessee's operations, and without prejudice to any other remedies available to the City. 13.2 Upon breach of any term or provision of this Lease, the Lessee shall be liable for and pay to the City all of the City's costs and attorneys' fees to enforce the term or provision. 14 Notice 14.1 Each party shall give the other any written notice by certified mail, return receipt requested, at the address in the preamble. When so given, the date of notice shall be effective -from the date of the mailing receipt. The Lessee shall notify the City of any change of address. 15 Miscellaneous 1-5.1 The Lessee may request the City, as owner of the Premises, to sign mining and environmental permit applications. The City Manager, or his designee, shall have the authority _to review and execute such permit applications on behalf of the City, as required by law, and if 6 S40812 _ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. in accordance with the authorized uses in Section 2 of this Lease,and applicable laws, rules, charters, ordinances and regulations, as now exist or are later enacted or amended, of the City, and all county, state and federal entities having jurisdiction over the Premises or the Lessee's operations. 1-5.2 No waiver of default by the City of any of the terms, covenants, warranties or conditions hereof to be performed, kept or observed by the Lessee shall be construed as, or operate as, a waiver by the City of-any of the-terms, covenants, warranties or-conditions herein contained, to be performed, kept or observed by the Lessee. 15.3 The City makes no warranties as to the condition of the Premises or its suitability for use for a particular purpose. The Lessee agrees-that the City shall be under-no obligation to maintain the Premises in a particular condition or for a particular use. 15.4 Article and section headings shall not be deemed to govern, limit,-modify or in any manner affect the scope, meaning or intent of the provisions of this lease. 15.5 The provisions of this Lease shall be construed as to their fair meaning, and not for or against any party based upon any attributes-to such party of the source of the language in question. 15.6 The Lessee shall perform its obligations under this Lease in strict compliance with all-applicable laws, rules, charters, ordinances and regulations,as now exist orare later enacted or amended, of the City, and all county, state and-federal entities having jurisdiction over the Premises-or the Lessee's operations. 15.7 No representations, warranties or certifications, express or implied, shall exist as between the-parties, except as specri icallyset forth in this Lease. 15.8 None of the terms, conditions or'covenants in this Lease shall give orallow any claim,-benefit, or right of action by any third person not-a party hereto. Any person other than the City or the Lessee receiving services or benefits under this Lease shall be onlyan incidental beneficiary. 15.9 The Lessee may not sublet or assign any interest in this Lease or the Premises without prior written consent by the City. 15.10 This Lease is an integration of the entire understanding of the parties with respect to the matters set-forth herein. The partiesshall only amend-this Lease in writing with the proper official signatures attached thereto. 15.11 Invalidation of any specific provisions of thisl.ease shall not affect the validity of any other provision of this Lease. • 940812 15.12 This Lease shall be governed and construed according to the laws of the State of Colorado. 15.13 The Lessee acknowledges this Lease will be recorded with the Weld County Clerk & Recorder, and agrees to defray the recording costs in the amount of$5.00 per page. 15.14 This Lease shall extend to and be binding upon the heirs, successors and permitted assigns of the parties. EXECUTED the day and year first above written. CITY OF LONGMONT, a municipal corporation Mayor Attest: Av I LONE,► CkK!!) APPROVED AS TO FORM: APPROVED AS TO CONTENT: 444440 Dep City Att Director of Community Development APPROVED AS TO INSURANCE PROVISIONS: Risk Manag 8 940812 C & M READY MIX CONCRETE COMPANY OF BOULDER, a Colorado corporation 7 / _ ja.2a. (///j €9/C ePresident Attest: �7 6/17l-fAi —1::: Secretary STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) Me foregoing L ase was acknowledged before me this/I day of (,( , 1994, by /- i,�-c.X , as president of C & M Ready Mix Concrete Company of Boulder, a Colon orporation, on behalf of the corporation. ter;'-L..C.,4;;;;><,/ , • . Witness my hand and official seal: ilei; .0 My Commission expires: J...aa. ,� / Q 9� i CAROLYN / : RENEAJ '', ."49 b•Notary Public CA file: 1424 4/6/94 9 940812 g A I R A a n g li t `a ' e $ Y NN E 0 AU Eli fl 2 mg ? Mm E cR a I ; " 219. RaAAfi ` REONAI 11 gRR _ _ p• . . l e a = MCI t b 11 ! IIIIIIIIIIIIIIIII O O • a ii ig,iiimmddmm -0 Ls AllIgNIWW 1 1Bssgggss B nt y 4IPIEMEiggigitg 3u 0000waawwwaaviddoao P 000000000000000000 11 R111111111111I111 ; C p p pQ pQ q ilE waawawwawawwwwawaw R l A A A A A A J b S S S S S V S S O m .. MX . . . . . R R R R R R R R R R R A g h y) (M1yy 1 N� ^M1 ry N I NS N M1 N N N N N M1 N N N N N a V P A n A M H F r 1` r 1- r r r r C 0 A I I 11 vvuu li IIt nrrnrn " . " . rrrare M ill S � i ItO O O R O O O O O O O O w O R O O i LOR I '0 Ori " bri ii n s 9 N N N N N N N N N N N N N . . . 340812 -- h t t r,vt nv•L..• . Midwest ° ' Lime.......n....L•92//" ..#• a . Childrens Home . 1 • II LANDFILL II - PARCEL A t. �1 CITY PROPERTY , i /// II -4950 ' . 11 N...J.? n � 1 - J 0 �I ..•-•\%.............. 1 I r wic----7--.t' + f q // 1 . 1 L- � .... SI:.1 II , •• ' ‘ • .. ‘1. • .-ST VRA CREEK � N S . PARCEL B -.-_ (�G -,COMPANY PROPERTY.� ; - . PARCEL D i p _ ` H j{�: 9 -ter-- - - t LEASE PROPERTY •. .1.;; Rod ^ w�_7. - --: .--31-it :: o `-__ :±-7 .:-...:_r- S:i-:-`-- is II -9l tr •' . / PARCEL C ' ',fl /,COMPANY II F II 2 p : 'r -LEASED II p 1, PROPERTY II�cac��'� ii' Jessum • , • % II 489 II 4892 Elm Y . -- - LOCATION MAP DATE: 1 17-94 SCALE: 1" =1000 ' TuttfeApplegate,lna JOB NO.: 92-214 C MN•t.at•tot LMa.tl+r.M..•••t«04•10100•004. s >• 1000,.at ,v..t. KH ari.MO DRAWN BY: SHEET: .9] OF: 812 — p...«.C.4«.... 110233 nos u2-sail VAX(30]w2-2131 _ NECKED BY: Gi C & M COMPANIES DISTEL FARM RESOURCE APPLICATION TO THE DIVISION OF MINERALS & GEOLOGY FOR AMENDMENT TO A REGULAR OPERATION (112) MINED LAND RECLAMATION PERMIT M-S9-029 IN WELD COUNTY, COLORADO SS _aalas lUttleApplegate,Inc. April, 1994 940812 TABLE OF CONTENTS Permit Application Form Exhibit A-Legal Description Page 1 Exhibit C - Landowners Adjacent to Permit Area Page 2 Exhibit D - Mining Plan Page 3 Exhibit E - Reclamation Plan Page 4 A. General B. Grading C. Topsoil D. Wildlife E. Revegetation F. Water Exhibit G - Water Information Page 7 Exhibit LI - Wildlife Information Page 11 Exhibit 1 - Soils Information Page 12 Exhibit J - Vegetation Information Page 13 Exhibit K - Climate Page 14 Exhibit L - Reclamation Costs Page 15 Exhibit N - Other Permits and Licenses Page 18 Exhibit 0 - Source of Legal Right to Enter Page 19 Exhibit P - Owner of Record of Affected Land and Owner of Substance to be Mined - Page 20 i 940812 TABLE OF CONTENTS - CONTINUED Exhibit Q - Municipalities within Two Miles Page 21 Exhibit R - Proof of Mailing of Notices to County Commissioners and Soil Conservation District Page 22 Exhibit S - Proof of Filing with County Clerk and Recorder Page 23 LIST OF TABLES Table of Disturbances Page 3 Table-#1, Sherwood Water Rights Page 10A LIST OF FIGURES Exhibit B- Vicinity Map After Page 1 Exhibit C - Mining Plan Map After Page 1 Exhibit F - Reclamation Plan Map After Page 6 Water Right Location Map After Page 10 Well Location Map After Page 10A Soils Map After Page 12 ii 940812 'REGULAR OPERATION (112) RECLAMATION -PERMIT APPLICATION -FORM 1HECK ONE: _ New Application ('Rule 3) Xx Amendment Application (Rule 1 .8) Conversion Application (Rule 1.10) The application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits -A—S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please Trovide 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: C & M COMPANIES 1 .1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Distel Farm Resource 2.1 I.R.S. Tax ID No. or Social Security No. : 84-0628969 3. Permitted Acres: 112. 45 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3.1 Application fee (see Section 14): $1550.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow): Sand and Gravel 5. Name of owner of surface of affected land: Donald Sherwood 6. Name of owner of subsurface rights of affected land: Donald Sherwood If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: XX Surface Underground 8. location Information: the center of the area where the majority of mining will occur lies in: - COUNTY: Meld PRINCIPAL - MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T 8 . North South RANGE (write number and check direction): R 68 East g Nest SECTION (write number): S 7. 17, 18-- QUARTER -SECTION (check one): NE _NW SE SW _QUARTER/QUARTER SECTION (check one): NE _161 , SE -SW GENERAL DESCRIPTION: (miles and direction Located adjacent to intersection of Boulder/Weld from nearest town and approximate elevation) County Line and Weld County Road #20z, approximately 32 miles from Longmont, Colorado S40812 2- 9. _Correspondence Information: -APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: James McFarland Company Name: C & M Companies Street: 701A NJT.int RnnA• P n Rnv AQn City: Niwot State: Colorado Zip Code: 80544 Area Code: lel Telephone: 443-1099 PERMITTING CONTACT (if different from applicant/operator above) Irldividual 's Name: JAMES MC FARLAND Company Name: C & M COMPANIES Street: 7916 NIWOT ROAD: P. 0. BOX 490 City: NIWOT State: COLORADO Zip Code: 80544 Area Code: 303 Telephone: 443-1099 INSPECTION CONTACT Individual 's Name: JAMES MC FARLAND Company Name: C & M COMPANIES Street: 7916 NIWOT ROAD: P. 0. BOX 490 City: NIWOT State: COLORADO Zip Code: 80544 Area Code: 303 Telephone: 443-1099 CC: STATE OR FEDERAL _LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Lode: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) • Agency: Street: City: State: Zip Code: -Area Code: Telephone: 94O612 '-3-. 10. Primary future _ Cropland(CR) _ Pastureland(PL) General Agriculture(GA) (Post—mining) Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) land use XX Residential(RS) Recreation(RC) Industrial/Commercial (IC) (check one): _ Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11 . Primary present XX Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) land use _ Rangeland(RL) _ Forestry(FR) _Wildlife -Habitat(WL) (check one): Residential(RS) Recreation(RC) _ Industrial/Commercial(IC) _ Developed Water Res0urces(WR) 12. Method of +lining: _ Quarry (QR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel ). Excavation by front-end lnaders and crrapprc 13. On Site Processing: Solution (SO) Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for Quarry mining is $2,325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. The application fee for conversion to a 112 permit is $1 ,500. 112 Amendment application fee is 31 ,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 teen 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 Actand the Mineral. Rules and Regulations in effect at the time the permit is issued. 94 312 _-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 submitti-ng return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . MOTE 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. I you have questions about the Mined Land Reclamation Board and Division's review and decision or hearing process, you should contact the Division at (303) 866-3567. As en 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 oper-ations 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. 940812 -5- 4. I ,understand that statements in the applitation are being made under penalty of perjury and that false -statements made herein are punishable as a Class 1 misdemeanor pursuant'l to Section 18-8-503, L.R.S. Signed and .39ated this a�-5r day of 1-ee-e—L-i--e-d-- /7 . 101,a7/42-- Applicant/Op rator If Corp tion Attest Seal ) "-kJBy: �„G7�{i Jk k G: By: Title: U Corporate Secretary or Equivalent Town/City/County Clerk State of &Mc/O ) ) ;s County of rrJ/Ar ) The foregoing instrument was acknowledged etore me this�Aida of )c 1'7 h(tr , /- '23by f )n_f 5964C as Pe' e_// L "t."1'J nArenmS .of1 '%/. ,.. ,- Pu6l ix My L-ommission Expires: / 3 S — (04/92) 2-823F • 940812 EXHIBIT A - LEGAL DESCRIPTION A tract of land (Parcel A) amending the existing permit is located in Sections 7, 17, and 18, Township 2 North, Range 68 West -of the Sixth Principal Meridian all being located in the County of Weld, State of Colorado and being-more particularly described as follows: Beginning at a point located at the SW corner of the NW 1/4 of the NW 1/4 of Section 17, Township 2 North, -Range h8 West of the 6th P.M.; thence North 00 Degrees 00 Minutes 00 Seconds East a distance of 567:63 feet; thence North 90 Degrees 00 Minutes 00 Seconds Easter distance of 2603.3_81eet; thence North 00 Degrees 10 Minutes 01 Seconds East a distance of 2203.56-feet; thence South 67 Degrees 12 Minutes 15 Seconds East a distance of 172.86feet; thence South 66 Degrees 52 Minutes 3D Secondslast a distance of340.10 feet; thence South 64 Degrees 54 Minutes 41 Seconds East-a distance of 349.72 feet; thence South 61 Degrees 39 Minutes 45 Seconds East a distance of 319.02 feet; thence South 58 Degrees 17 Minutes 03 Seconds East a distance of 285.59 feet; thence South 34 Degrees 28 Minutes 42 Seconds East a distance of 399:88 feet; thence South 52 Degrees 18 Minutes 51 Seconds East a distance of 438.13 feet; thence South 49 Degrees 14 Minutes 38 Seconds East a distance of 404.71 feet; thence South 49 Degrees 22 Minutes 47 Seconds East atlistance of 432.1'9feet; thence South51 Degrees 58 Minutes 03 Seconds East-a distance of 433.76 feet; thence South 53 Degrees 0 Minutes 08 Seconds Easter distance of 406.90 feet; thence South 49Degrees 13 Minutes 11 Seconds East a distance of 511.75 feet; thence South 49 Degrees 31 Minutes 23 Seconds East a distance of 387.62 feet; thence North 88 Degrees 21 Minutes 52 Seconds West a distance of 1402.21 feet to-the Point of Beginning. The above4escribed tract of land contains 106.96 acres more or less. A parcel (Parcel B) is added to the southern edge of the existing permitted area being more particularly_de-scribed as follows: The South 1/2 of the South 1/2 of the NE 1/4 of the NW 1/4 of Section 17, Township2 North, Range 68 West of the Sixth Principal Meridian in the County of Weld, State of Colorado, excluding that Portion that lies within the limits of the Burlington Northern Railroad Company Right-of-Way. This tract-of land contains 9.75 acres more or less. A parcel of land (Parcel C) that lies completely within -the Burlington Northern Railroad Company Right--of-way connects the two -above described parcels being more particularly described asfollows: A line following the southern edge of the NE 1/4 of-the NW 1/4 of Section 17. Township2 North , Range 68- Vest of the Sixth Principal Meridianfor a distance of 76.55 feet;proceeding northwest along the-northeastern-boundary of the Burlington Northern Railroad Company Right-of-Way for-a distance of 153.10 feet; then proceeding due south for a distance of 76.55 feet; then following the southwestern boundary of the Right-of-Way -southeast-for a distance of 153.10 feet. This tract of land contains 0.18-acres more or less. Aparcel of land (Parcel D) is added to the eastern edge of the-existing permitted area being more particularly described as follows: A line begins at the SW corner of the SE 1/4 of the SE 1/4 of Section 8 (Point of Beginning), and-follows the southern line of Section 8 including the southern line of the S 1/2 of the SE 1/4 of the SE 1/4, and following the eastern line of Section 8 north for 200 feet, then a line extending NW to apoint 200 feet north of the SW corner of the N 1/2 of the S 1/2 of the SE 1/4 of-the SE 1/4 of Section S, and south along-the western line of the S 1/2 of the SE 1/4 of the SE 1/4 of Section 8 to the point of beginning. This entire parcel lies within Section 8, Township 2 North,Range 68 West of the 6th P.M. in the County-of Weld, State of Colorado. This tract of land contains 16.06 acres more or less. 1 94O812 co mo' Z Z '416'4)/ �, a -,_-•.o�E F 1, �� '�� ,Pa �I < 2_ o 2 *____ _ _ ,,-_k__ _:9 < ( 1 0 ,, . w �,-' w F- LI r • a ui 00 0 ,� 11 6 I_ r _ , _ -(,, : 't_L.:(„r„,.... !\wo.2.' '',,,,\< _ I. Z L o7Y ' v A� } N a m °C� oo C Z w , \: _,__ - -J ) 1-,,\ w / ( ( r'.7' --Th ' i( ' -'-- - - '' ' O Iii ' .::.: _�w Y t .,�i sS °.. I- 11 i 3: ICI '• Z I ,, :. 1 2 al ( ;1 ) e od; m Y °;:°„,O.,"•,,•;, I�� w E�1 � 1( / A� °P /% o;;IT �� C'h,l Os','„, ) 1,, I 1 ,• I i F Sf€'4 ` - �`�B lD /1� .8°y _xy _ / � 1_. � ,—. '. E.,,,• " 4 �' IV �'o n i / III III(I � � o Q J ,� ) \ ( l� C 1 7/ Illlnlpll II[j`_e_— N et Q -�— �If ,— - (� q' o_ ,1L._ �I J11N_ 4�3M ° o. a�;Pu f Ilan A.LNI1 oo aaa�noe ml —086> ___ �— A r r )V cwc �. I r 5- lbw_L-i• / �,.za (,..`Jj III I`\\ / / / -7 '{\))1 f1 "I %/. 4 - F: NA + Ls -Fr, ° P'•°' ,------n - Ai , ' i o r r,, 7------ r., i ..i , ,T, , I ',,-- ,.. i , ,,. \ \ \ ,A irl., A ,,milltsre /IIIII ., ... I J: , ,I I"/ t �� , �I.r• - -//1210 ,I 1� (� I )\ ( • ( \ '\. o rwrr4 � �-- �...., ,_,... 1 a (1 1 _'' ) / \\,,,,, 5---`••\I \ \s,\ ,\, _ _ , \ i _ ,_ _._-----( T • 'ft ry-- 71 \ \ *, \\\\ .t. i iv,,^',If li I-' - .1-;, -- vili ,„In / ( 7ii ,,,,:l, ,i.r.A ' ) .\4 I /�j r)4 •C7tl 4, R.. .III- \� i y°a I. ..11 .1 _�1 Il-•I `m I•� F Mi� rIRTIP,1,�krPtg.`W1 rill � " I .1 •. 7�� . FT 'I r a3als�� JI•�{'I ,-/-/,0,�' �N P�eJi S � �iln`wu�Ji,�wI�u Q :.Aa_.MEW �— �I MI-',,n @- �i1� �f �.r �� f 1� I,. m `,�1 may cR 1 /.r ,,,,..,,,„„,.. rki vi,i pi* r 0 at', , II I-1'n.:!:7V Iiif 1 ',' 1 lii• \ II --- --- ' ') 1 o I i 1 � ° 'III { � ,. ) � �� i ,., ♦ I III I I� �L ( � I P"IIAI l ir �.��•I`' } �E .s ,S .4J _74, ii4 I . ) I �� Li.iIIIiC .._. �.,--, ,��I„II I �. �,h .. 3ia. �� --- EXHIBIT D - MINING PLAN This amendment proposes to add 132.95 additional acres to the original permit. Approximately 107 acres will be to the west of the currentpermit, on the south side of the abandoned railroad grade. Approximately 9.75 acres will be added to the southern edge of the existing permitted area to include areas being used for materials processing. Approximately 16acres will be added to the-eastern side of the current permit to be used as an access for trucks and/or a conveyor-to transportmaterial from the Schell Pit, whichis-being permitted concurrently with this operation. Dry Mining will be done on the property as has been _done on the original permit. The dewatering_perations will be_covered under the current approved NPDES permit that is held by the operator. Mining will progress from west to east, beginning at the northwest corner. A field conveyor system will transport the materials across the railroad right-of-way to the processing area which will remain in the southeast corner of the original permit area. The operator may choose to use off road haul trucks to transport the materials to the processing site. The-haul road would follow the approximate alignment of the field conveyor. Mining of this new area will be conducted in the same fashion as before. Topsoil and overburden will be stripped and-stockpiled separately, and the_pit will be dewatered to facilitate the-extraction iof the resource. Topsoil,-overburden and resource depths in the new area are very similar to that found in the original -area. The average depth of the pit will be 14 - 15 feet. Limited exploration by hole boring bas been made on-the areasslescribed as-Phase III and Phase IV on the mining plan map. These areas may -not appear to contain aggregate resource in commercially attractive amounts, and these areas may not -be mined at all. The option -for additional exploration and expanding the mining operation into-the Phase III and Phase IV areas exist, and for the purposes of this application,it is assumed that mining will occur in these areas. Areas in both Phase II and Phase III include a gas well, well tank, pipeline,and access-road. C & M Companies will pursue an-agreement with the gas companies-to allow mining within 50 feet of all gas Telated improvements. Until the-agreement is obtained, all mining operations will stay 200 feet away from all gas related improvements. All gas_improvements will be maintained throughout all mining and reclamation phases. Irrigation water to the land south of the permitted area is provided from the west and will not be disturbed-by mining operations. A ditch for irrigation water to return to St. Vrain Creek will be maintained during all mining and reclamation operations. Two lakes will be created on the property in this amendment. At the request of the landowner, the lakes will be lined prior to refilling using stockpiled material at the current mining site, and materials found on this site. 2 940812 Mining will be done in phases that range in area of approximately 17-33 acres. The maximum disturbed area during-mining will be approximately 51 acres. The area in this amendment will be-mined-out and reclamation completed within approximately S years. All other aspects of the permitted mining and reclamation plan not discussed here will not change. The following table contains values of Disturbance areas when they are the greatesttluring Phase II. TABLE OF DISTURBANCE MAJOR DISTURBANCE Mining 14.9 ac Topsoil/Overburden Stockpiles 1.1 ac Stripping Prior to Mining 9.0 ac MODERATE DISTURBANCE Plant Site/Product Stockpiles 17.5 ac Roads/Conveyor Alignment 4.4 ac Shoreline Grading 1.5 ac Office/Scale House 0.6 ac MINOR DISTURBANCE Reclaimed and Seeded 1.5 ac Reseeded Year 2 (20% non-germination) 0.3 ac TOTAL DISTURBED ACREAGE 50.8 ac Wetlands were identified in the area identified in this application. An application was made to the Army Corps of Engineers for an Army Nationwide Permit to allow these areas to be_filled and/or excavated. A letter from the Army Corps of Engineers is presented after this section that grants an Army Nationwide Permit to fill and/or excavate 0.35 acres of wetlands in the process of mining 9n this project. 3 9406112 E *a� DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT u z TRI-LAKES OFFICE,9307 STATE HWY 121 ❑ � LITTLETON,COLORADO 8O123-69O1 3 F °` REP`T LYT oM or December 13, 1993 a R —.honer es otteas Mike Applegate Tuttle Applegate, Incorporated 11990 Grant Street, Suite 410 Denver, Colorado 80233 RECEIVED RE: Nationwide Permit No. 199380795 DEC 1 41993 Dear Mr. Applegate: We have reviewed your request for Department of the Army authorization for Distel Farms Quarry on behalf of the C & M Companies. This project will fill and/or excavateM.35 acres of wetlands as gravel mining operations. The project is located in Section 7, Township-2- North, Range-68-West, Weld County, Colorado. Based on the information you provided, this office has determined that your work within Colorado can be authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330 Appendix A, (B)(26). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the Genera] and Section 404 only conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable federal, state or local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. You are advised that this verification of the nationwide permit authorization is valid until December 7, 1995. If you have any questions concerningihis determination, please feel free to contact Mr. Terry McKee of my staff at (303) 979-4120 and reference Nationwide Permit action ID 199380795 and Weld County. Sincerely, T '•thy . C: ey Project •anger Enclosure Copies Furnished: U.S. Fish & Wildlife Colorado Department of Health Environmental Protection Agency Colorado Division of Wildlife 940812 Fact Sheet #26 33 CFR Section 330.6 Nationwide Permits (b) Authorized Activities: (26) Headwaters and Isolated Waters Discharges. Discharges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the district engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges inspecial aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. For the purposes of this nationwide permit, the acreage of loss of waters of the United States includes the filled area plus waters of the United States that are adversely affected by flooding, excavation or drainage as a result of the project. The ten-acre and one-acre limits of NWP 26 are absolute, and cannot be increased by any mitigation plan offered by the applicant or required by the DE. Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984,a notification pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to exceed-one (1) acre. Any discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United States in the subdivision to exceed ten (10)acres is not authorized by this nationwide permit; unless the DE exempts a particular subdivision or parcel by making a written determination that: (1) the individual and cumulative adverse environmental effects would be minimal and the property owner had, after October 5, 1984, but prior to January 21, 1992, committed substantial resources in reliance on NWP 26 with regard to a subdivision, in circumstances where it would be inequitable to frustratehis investment-backed expectations, or (2) that the individual and_cumulative adverse environmental effects would be minimal, high quality wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, subsequent lot development be individual property owners may proceed using NWP 26. For purposes of NWP 26, the term "real estate subdivision" shall be interpreted to include circumstances where a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof. (Section 404) Structural Discharge. Discharges of material such as concrete, sand, rock, etc. into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as piers and docks; and for linear projects, such as bridges, transmission line footings, and walkways. The NWP does not authorize filled structural members that would support areas and other such structures. Housepads or other building pads are also not included in this nationwide permit. The structure itself may require a section 10 permit if located in navigable waters of the United States. (Section 404) (c) General Conditions: The following general conditions, where applicable, must be complied with for the Nationwide Permit authorization to remain valid: (1) Navigation. No activity may cause more than a minimal adverse effect on navigation. 940812 (2) proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. (3) erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. (4) Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. (5) Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. (6) Regional and case-by-case conditions. The activity must comply with any regional conditions which may have been added by the division engineer and any case specific conditions added by the Corps. (7) Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System: or in a river officially designated by Congress as a "studyiriver" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U. S. Forest Service. (8) Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. (9) Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. (10) Costal zone management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. (11) Endangered Species. No activity is authorized under any Nationwide Permit which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, xkr which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the district engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the district engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species and their critical habitat can be obtained from the U. S. Fish and Wildlife Service and National Marine Fisheries Service. (12) Historic properties. No activity which may affect Historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the district engineer has complied with the provisions of 33 CFR 325, appendix C. The prospective permittee must notify the district engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historical Preservation Office and the National Register of Historic Places. (13) Notification. (Not Applicable) 940812 SECTION 404 ONLY CONDITIONS In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: (1) Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. (2) Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide permit 4. (3) Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. (4) Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the district engineer has approved a compensation mitigation plan for the specific regulated activity. (5) Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. (6) Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). (7) Adverse impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. (8) Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. (9) Removal of temporary fills. Any temporary fills must be removed i their entirety and the affected areas returned to their preexisting elevation. 940812 EXHIBIT E - RECLAMATION PLAN A. GENERAL Reclamation of the amendment area will be the creation of two lined water reservoirs, at the request of the landowner, with reclaimed shorelines. These lakes will have an exposed water surface of 34.31 acres total. The afteruse of the property as a water impoundment is appropriate with the connected water rights that are associated with the property. Exhibit G details the ownership of water that is held by the property owner. The total replacement for all water uses on the amended area is more than covered by the associated water rights. The ownership of the water rights is adequate proof that there is an ability to fill and operate the reclaimed property as water storage reservoirs. Water rights applications will be made to the Division I Water Court for a change of use for the water to a use of storage. Copies of the filings and the final decree will be provided to the DMG once they have been received. Prior to receiving Water Court approval the operator will submit a Substitute Water Supply Plan to the State Engineer's Office for approval. The progressive reclamation of the site will minimize the amount of disturbed area at any given time. Reclamation activities will follow the same sequence as currently permitted. Reclamation of the current permit area will not change from what is permitted. The proposed reclamation of the additional area meets the requirements of Rule 6 in the MLRD regulations as follows: B. GRADING All grading will be done to provide stabilized shorelines around the lakes. All backfilling will be done with native topsoil, clay shale bedrock, and overburden. There are no known toxic materials in the proposed backfill and as such will not cause groundwater contamination. The grading will be done to control erosion. Final grading and reseeding will be done immediately after grading and topsoiling has been done. All backfilling will be completed in phases after mining is completed. No acid forming materials, refuse, or toxin producing materials are known to exist in the area and will not be used for reclamation. Any materials of this nature found during the mining operation will be disposed of according to applicable laws and regulations. There are no drill or auger holes associated with this operation. All slopes left by the mining operation will be no greater than 3h:lv from 5 feet above to 10 feet below the expected water surface elevation. All other slopes will be no greater than 2h:1 v. 4 940812 C. TOPSOIL The existing topsoil and overburden on the property consists of a 0 to 7 1/2 foot layer of sandy silty loam. The majority of grass roots are contained within the top 12 inches of soil. All topsoil will be stripped prior to mining and stockpiled. Stockpiles which remain in place longer than one growing season will be seeded with a fast growing cover to minimize wind and water erosion. Handling of topsoil will be minimized by efficient sequencing of mining and reclamation through phases. After mining has passed through an area, non-marketable material will be replaced at an even depth of 12 to 18 inches along shorelines and graded. Soil amendments are not proposed due to the rich organic content of this river bottom topsoil. However, if they are determined necessary by the SCS, they will be used to enhance plant growth. D. WILDLIFE The proposed reclamation for the amended property does not propose to create wildlife habitat. There are no known endangered species in the area. All activities will be planned considering the safety and protection of wildlife on the property. Some species may be temporarily displaced by the mining activities. They are expected to reestablish with no difficulty after mining and reclamation has been completed. It should be noted that this operation has coexisted with Bald Eagles for many years with absolutely no detrimental effects on the birds. E. RE VEGETATION The reclamation plan will revegetate all disturbed areas with appropriate seed mixes to minimize erosion, re-establish natural terrain and create stabilized shorelines. Reseeding of the property will be done after topsoil is replaced, in accordance with accepted planting practices. All grass seeds will be planted with a grass drill equipped with depth bands and press wheels. Seed will be planted approximately one-half inch deep and will be drilled between November 1 and April 1. The grass seed mix includes drought tolerant varieties and will be planted either in early spring or fall to ensure germination. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed when they reach a height of 6 to 12 inches throughout the first growing season. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. The property is not forested and will not require fire lanes. A minimum thirty foot setback will be maintained around the permit boundary which will allow access. The reclamation of the processing site located in the existing permit boundary will be delayed until the final phase of mining is completed. It will be reclaimed at the same time as Phase IV as shown on the Reclamation Plan Map. At that time the ground will be scarified, leveled, and seeded with an appropriate grass seed mix. 3 940812 The seed mix used for this site will be the same as the mix previously approved for the original area. F. WATER Disturbance of the area will be done to minimize the effect on the prevailing hydrologic balance as follows: a) The operator shall comply with all applicable Colorado water laws. b) The operator shall comply with all applicable Federal and State water quality laws and regulations. c) The operator shall comply with all Federal and State requirements for dredge and fill. The operator has obtained a Nationwide 404 Permit for the filling of a small portion of wetlands along the railroad grade. d) The operator will remove and regrade all sediment and siltation structures after mining is completed. 6 940812 EXHIBIT G - WATER INFORMATION The reclamation plan for the site will be four water storage reservoirs; two in the original permit area and two in the new area being added by this amendment. The reservoirs will be created by placing a compacted overburden/clay liner along the shorelines of the excavated pits (see Exhibit F - Reclamation Plan Map). Placement of the compacted liner along the shoreline will eliminate groundwater inflow into the pits. The pits will be mined down to bedrock and therefore there will be no infiltration of water through the bottom of the pits. These reservoirs are exempt from the regulations of Senate Bill 120. The original permit entails the creation of two groundwater lakes with a total of 78.6 surface acres. The only change to the reclamation plan for the existing permit area is the creation of water storage reservoirs by lining the pit slopes rather than groundwater lakes. The total water surface of the two reservoirs in the original permit area will be 78.6 acres. The two reservoirs in the amendment area will have water surface areas of 22.72 acres and 11.59 acres for a total water surface area of 34.31 acres. Approximately the northern half of the amendment area is within the St. Vrain Creek 100 year floodplain as shown by the FEMA map (see attached floodplain map - Exhibit G-2). The topsoil and overburden stockpiles will be located outside of the floodplain boundary as much as possible. Any stockpiles within the floodplain limits will be aligned with the general direction of flow, to limit obstruction of the floodplain and limit potential for erosion. There will be no stockpiling done within the floodway. All work within the floodplain will conform to Weld County Flood Hazard Regulations. Due to the removal of material from the site the net floodplain cross sectional area will increase and therefore provide more flood storage than what currently exists. -Water Use Water use at the site will include evaporation from exposed groundwater, water retained in the material removed from the site, and water used for dust control of haul roads and stockpiles. Mining in the amendment area will intercept the water table. In order to enable dry mining of the amendment site, dewatering trenches will be constructed around the perimeter of the pit and water will be pumped to St. Vrain Creek. Therefore, there will be no evaporation from the pit during mining. The only evaporation from the site will include water pumped from the pit to settling ponds which will be used for the washing operation. Approximately 2.1 acres of water is exposed in the wash ponds. The annual evaporation is 39 inches at the subject location. The precipitation at the mine site is estimated to be the same as that found at the nearest weather station which is located in Longmont. The annual mean precipitation is 13.00 inches/year. 940812 Effective precipitation was determined in order to compute the net lake evaporation. Effective precipitation was computed as 70% of the total precipitation. Effective precipitation was then subtracted from the gross evaporation to obtain the net evaporation. An adjustment is also made for the months of January and February when the water surface is typically frozen. The net annual evaporation from a lake surface at the subject site is 2.34 ft (28.1 inches). Consequently the net annual evaporation during mining from 2.1 acres of water surface will be 4.9 acre-feet. There will be excavation and sale of material from the amendment property. It is anticipated that a maximum of 400,000 tons of material will be mined and washed from the amendment area. Assuming a 4% moisture content by weight this would equate to 11.8 acre-feet per year. Water use also includes water applied for dust control. The quantity of water needed for dust control during mining of the amendment area should be very similar to what is being required now in the original permit area; 4.9 acre-feet annually. The total annual consumptive use for the amendment operation during mining is projected as follows: Evaporation 4.9 acre-feet Moisture Retained in Material 11.8 acre-feet Dust Control 4.9 acre-feet Total 21.6 acre-feet Water Rights The landowner of the amendment area, Donald J. Sherwood, will be providing the necessary water rights for the operation. See Exhibit O in the lease agreement which shows contractual obligation to provide augmentation water. The landowner owns several senior water rights which can be used for this project. The water rights include interest in the Plumb & Dailey Ditch and the Coffin & Davis Ditch and shares of both Leggett Ditch and Reservoir Company and the Bonus Ditch Company. An analysis was done to determine the approximate annual consumptive use of each of the water rights based on the diversion records for each and the landowner's proportionate share of ownership. The attached Table No. 1 is a listing of the decrees for each water right and the estimated consumptive use. This C.U. far exceeds the water usage proposed for the property. For the purpose of calculating the average annual consumptive use of each water right a 50 percent irrigation efficiency was assumed. As shown on Table No.2 the landowner owns more than 550 acre-feet of consumptive use from the subject water rights. This C.U. far exceeds the water usage proposed for the property. 8 S40812 Augmentation In order to prevent injury of senior water rights along the St. Vrain Creek and South Platte River, augmentation of the out of priority depletions at the site will be required. During mining of the amendment area it is estimated that approximately 21.6 acre-feet of groundwater will be consumed each year. A portion of the water rights listed on Table No. 1 will be committed to augmenting the water use due to mining. As stated earlier the final reclamation plan for the site is water storage reservoirs. Consequently -there will be no long term augmentation responsibilities. The amendment area reservoirs will be sealed off from the surrounding alluvial aquifer to prevent groundwater infiltration. Water Storage The water rights listed on Table No. 1 will be used to fill the two reservoirs in the permit amendment area. The two reservoirs in the original permit area will be filled with water fights owned by C & M Companies. C & M Companies owns 15.9 percent of the Coffin & Davis Ditch. This equates to approximately 103 acre-feet of headgate delivery and 52 acre-feet of consumptive use based on a 50 percent irrigation efficiency. This water is currently being used in an approved substitute water supply plan for existing operations. The other source of water to supplement the filling of the four reservoirs will be junior water storage rights. These new water rights will be acquired through water court and they will permit the diversion of water to storage during periods of no call on the river. During most winter months and during the peak of the spring runoff there is generally no call on the river. During these periods water will be diverted to storage. C & M Companies is in the process of preparing these water right filings and will provide copies to the DMG when they are completed. Surrounding Water Rights Attached with this exhibit is a map showing permitted and/or adjudicated water rights within one half mile of the site. Well data from the State Engineers's Office was used to locate the surrounding wells and water rights. The State Engineer's Tabulation of the wells and water rights is also attached. All wells lying on the opposite side of St. Vrain Creek will not be impacted by the mining operation. The Creek serves as a hydraulic barrier to drawdown from dewatering operations. 9 940812 As shown by the well map there are some wells which lie to the west of the amendment area which could potentially be impacted by the dewatering. These wells are located on the up gradient side of the permit. This should reduce drawdown impacts to some degree. These wells are drilled adjacent to a minor tributary (Dry Creek) that feeds St. Vrain Creek. This creek's flow is mainly irrigation return flows and stormwater. Flows in this creek will also provide some recharge to the adjacent wells. Once mining and dewatering has started, groundwater levels in the immediate vicinity are expected to drop. If the water levels are stropping in adjacent wells such that well owners may be injured, the operator will begin to implement one or more of the following measures. a. Construct recharge ponds at strategic locations within the permit boundary to begin aquifer recharge. b. Modify existing wells to operate under lower groundwater conditions. This would include re-drilling existing wells to deeper depths or lowering the pumps. All work would be done at the operator's expense with the exception of replacing equipment that was non-functional prior to mining. c. If existing wells cannot be repaired, then the operator will drill a new well for the owner to replace the damaged well. The new well will have to produce water of the same quantity and quality. If a well has not been put to beneficial use prior to mining, the operator will have no responsibility to provide mitigation. Discharge Permit A permit from the Colorado Health Department to dewater the mine site is already in place for the existing operation. A new point of discharge will be added to the permit for the amendment area. 404 Dredge and Fill Permit A wetlands survey of the amendment property has been conducted and it has been determined that less than 1 acre of wetlands will be impacted due to the mining activities. Therefore, a Nationwide Permit has been obtained from the Army Corps of Engineers for the amendment area which permits the dredging and/or filling of less than 1 acre of wetlands. A copy of the letter from Army Corps of Engineers is attached at the end of Exhibit D - Mining -Plan. Stormwater Management Plan A Stormwater Management Plan is in place for the existing operation. The plan will be updated to include the amendment area. 10 240812 C&M COMPANIES DISTEL FARM AMENDMENT TABLE 1 WATER RIGHTS ON SHERWOOD PROPERTY Structure Adjudication 1 Appropriation Flow Rate/ I Diversion Name Date I Date Storage Volume Location Leggett Ditch June 2, 1882 May 1, 1868 31.35 cis Boulder Creek June 2, 1882 Dec. 7, 1881 50.00 cis Leggett-Owens June 21, 1926 Jan. 23, 1911 877.56 of Boulder Creek Reservoir Bonus Ditch June 2, 1882 Oct. 30, 1861 12.73 cfs St Vrain Creek June 2, 1882 May 30, 1865 10.50 oh Leithand Creek Plumb and Dailey June 2, 1882 Mar. 1, 1861 7.24 cfs Boulder Creek June 2, 1882 April 1, 1865 23.198 cfs Coffin and Davis June 2, 1882 June 1, 1866 27.05 cfs St. Vrain Creek Dry Creek 940812 C &M COMPANIES nMSTELTARM AMENDMENT TABLE 2 WATER RIGHTS Cc_ .3UMPTIVE USE ESTIMATES Description Direct Reservoir Bonus Plum and Coffin and Diversion Storage Ditch Dailey Davis Ditch Ditch Diversion Period 195D-1990 1978-1990 1950-1990 1973-1992 1985-1988 Ave.Alumni : 4,318 1,078 2,549 2,197 648 Diversions Contract 1,398 334 0 0 0 Diversions Diversions by 2,920 744 2,549 2,197 648 Shareholders Total Number of 245 245 100 40 100 Shares Shares Owned _ 19.6 19.6 8.5 6.0 47.6 AnnualPro- 234 60 217 330 308 Rated Diversions Consumptive Use 117 30 108 165 154 _ ®50% S4O?Z2 R89W R88W / EXHIBIT G- 1 4963�s '',t' A— �� CALKINS LAKE ' • WF r :r o /I v < : O I, � . \ 3 Yom. } J -j-- f Cf i n I / T 2 N .o II 4 ' .d 5 .�,y / ii 496 a III• ' r •'N .. o _ II 1 z 94 50 • _ J• \ •�� -_ OREA� WESTERN 6pP/___—__ � —w, j1 6 v __ _ I 0i ,___.�� f5 Lilt I 5 r cis, , ,r,...,./. i it" ty ny / ;� Midnes STATE HIGHWAY 119 ' 1•_ <9)6 / : •Chldrens MGme I ' _ _ - S f� A i FC--�` • 1 u" I, V 1DI r- ', / I! V Al ✓-� R e r i'"T i ` ✓ ST. R N ,3 Y J I. \) A 112 fL 4a�'' %r, T- 49 / • L.". o 02 / •_ - - n -AMENDMENT AREA - * —x1 • 'e`d —' / PERMITTED AREA ,. Le \--_ �R I./ • , �� L i .' Me 41, I III I L_____,....- II essum• J . 6M • 489 ' • 4 IL-BMz _•'J• �A �� ''"�� H7_ - J� Go I C AND M COMPANIES, INC. DISTEL FARM RESOURCE WELL LOCATION MAP -Tuttle Applegate,Inc. DATE: 4/20/94 Consultants for Land.Mineral and Water Development JOB NO.: 93-193 SCALE: 1 -2000 c = 1990 Grant Street.Suite 410 DRAWN BY:Denver,Colorado 00233 KAH (303)452-6611 FAX(303)452-2759 CHECKED BY: PEA SHEET: OF: 9406112 EXHIBIT G-2 I '1'2NN.'''. / 1, GpEAt� 3tEPN J I � lI h A 6 0(M14D(� 5 4 � '* ' a Iii c' , STATE HIGHWAY 119 !M1rk P- e a d I a , I Ali i' zN P g,µ. II II v �},, 2 Ih H // � � x. JJt , 2. AMENDMENT AREA • s PERMITTED AREA /` xz l't fir 5 } •..a , .-i y ZONE A . - r ( A L £! w : a x x3 r'No/17 \\ I •\\ �,, ' *l�i +F ' .ai�4'�SN`ire !t { { -ryes: \\ \� )s rda� "4 ice.J.AtiP T FY Z+ 7t kdit h y, IIJESSUM ,'�p;..j M1TM` •.. `ss �r, 'e 18 I I 17 t is .• ac waa,-,k-srbn !.- II \ ti Y „` Eiii co ,,3 ....„1-, ..,:t I-Ei ,. r z \ U Dailey I M1 e u A6 ...a4i Yat₹� ' _` a`. .7 PIum6 �. 14 a W �_ / Yt / C AND M COMPANIES, INC. DISTEL FARM RESOURCE t - FLOOD PLAIN MAP ,J _ TuttleApplegate,loc. DATE: 4/20/94 SCALE: 11=2000' CanwHb tor Land.Minrral and Water vN D4aoman( JOB NO.: 93—I93 _ g 11990DranlSbat,Suite 410 DRAWN BY:Dannr,COIaraEO 80233 KAH (303)452-6611 FAX(303)452-2759 CHECKED BY: PEA SHEET: OF: ff 940Al2 REPORT DATE 11/03/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL .WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE -APROP IRE AQFR YIELD DEPTH _LEVEL COORDINATES QTRS SC SHIP RANGE M 1 62 FRONTIER/OLSEN PIT P 0 BOX 17130 BOULDER, CO 80308 GRAVEL PIT AP 07/16/90 AU 10/04/90 6 0 G GW 17 2 N 68 W S 164800 1 62 SCHELL JUDITH ANN 11820 NIWOT RD LONGMONT, CO 80501 NP 06/08/92 5 89 GW 0800N,0450E NENE 17 2 N 68 W S 145838 1 62 THOMAS JESSE L. -BOULDER, CO 80301 NP 10/15/85 5 89 3;W SWNE 17 2 N 68 W S 32151F 1 62 OLSON ER VIN LONGMONT, CO 80501 NP 03/05/81 2 0 GW NESE 17 2 N 68 W S 155385 1 62 HODGES ED 10759 WCR 7 1LONGMONT, CO 80501 NP 09/07/89 AR 09/07/89 5 8_L GW 15.00 31 31 1800S,2300E NWSE 17 2 N 68 W S 3296 1 62 JOHNSON CARL LONGMONT, CO 80501 6 9 05/12/59 10.00 213 30 SWSE 17 2 N 68 W S 48558 1 62 OLANDER RAY C RI 4 BOX 35 LONGMONT, CO 80501 5 8 09/14/71 NWSE 18 2 N 68 W S 75496 1 62 MARICK KEITH 8 JUDY 1429 LASHLEY ST. LONGMONT, CO 80501 6 H 09/17/74 7.00 285 25 03375,1690E SWSE 19 2 N 68 W S 940812 REPORT DATE 11/03/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRA AQFR YIELD DEPTH LEVEL-COORDINATES QTRS SC SHIP RANGE M 5177 1 62 STARBUCK G A DR 425 SUMNER ST LONGMONT, CO 80501 5 89 01/30/60 15.00 26 5 99104 1 62 COLLINS NED 500 HWY. 119 LONGMONT, CO 80501 SWNW 7 2 N 68 W S -5 8 08/19/78 5.00 200 12 0190N,1100W NWSW 7 2 N 68 W S I2636AD 1 62 LONGMONT CITY OF LONGMONT, CO 80501 AD 2 113852 1 62 MOUNTAIN STATE ENGLEWOOD, CO 80110 SESW 7 2 N 68 W S NP 11/30/79 5 8 _36149M 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 SESW -/ 2 N 68 W S NP 12/06/89 5 0 M KLF 2190N,2615W SENW 8 2 N 68 W S 36150M 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 NP 12/06/89 5 0 M 'F 2190N,2617W SENW 8 2 N 68 W S 36151M 1 62 HAYES CHUCK 998 E HWY 199 LONGMONT, CO 80501 NP 12/06/89 5 0 M 'F 2270N,2602W SENW 8 2 N 68 W S 36152M 1 62 HAYES CHUCK 998 E HWY 199 1ANGMONT, CO 80501 NP 12/06/89 5 0 M KLF 36153M 1 62 HAYES CHUCK 99B E HWY 199 LONGMONT, -CO 80501 2270N,2600W SENW 8 2 N 68 W S NP 12/06/89 5 0 M KLF 78D 1 62 BANK OF LAFAYETTE LAFAYETTE, CO 00000 1520N,2060W SENW 8 2 N 68 W S 07/13/57 NP 07/18/57 5 8 8.00 252 SWNW 8 2 N 68 W S 78 1 62 COOKSEY LYLE V. ROGGEN, CO 80652 5 8 07/29/57 8.00 252 250 42746F 1 62 C&M COMPANIES P 0 BOX 490 NIWOT, CO 80544 GRAVEL PIT SWNW 8 2 N 68 W < NP 02/07/91 AR 04/12/93 5 0 G GW 90530VE 1 62 HODGES EDWARD 10759 WCR 7 LONGMONT, CO 80501 SESW 8 2 N 68 W S AV 11/26/90 5 89 GW 0600N,0800E NENE 9 2 N 68 W S 940812 REPORT DATE 11/03/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 20136 1 7 THORSON ORIN 712 REES CT LONGMONT, CO 80501 5 8 06/09/64 1.00 62 NENE 12 2 N 69 W S 1494 1 7 GREAT WESTERN SUGAR CO LONGMONT, CO 80501 5 9 07/08/58 30.00 45 4 SENE 12 2 N 69 W S 18193Mf 1 7 WESTERN WASTE INDUSTRIES C/O 1960 INDUSTRIAL CIR LONGMONT, CO 80501 MR 09/25/91 5 0 GW NWNW 12 2 N 69 W S 34901 1 7 ALAMO ANGUS RANCH RT 3 BOX 350 LONGMONT, CO 80501 5 8 08/08/68 30.00 54 4 SENW 12 2 N 69 W S 124818 1 7 BRADFORD K LONGMONT, CO 80501 NP 03/15/82 5 H SWNW 12 2 N 69 W S 20772 1 7 LUDLOW IRVING 812 3RD AVE LONGMONT, CO 80501 5 8 07/16/64 16.00 69 SWNW 12 2 N 69 W S 27920 1 7 LUDLOW IRVING 812 3RD AVE LONGMONT, CO 80501 5 9 07/07/66 20.00 50 5 SWNW 12 2 N 69 W S 80996 1 7 READ ARNOLD R JOSEPHINE 11774 QUAIL RD LONGMONT, CO 80501 5 89 05/01/78 1.00 12.00 300 12 0250N,0940E NENE 14 2 N 69 W S 940812 EXHIBIT H - WILDLIFE INFORMATION No change to this exhibit. 11 94Osi 2 I I I EXHIBIT H WILDLIFE IiiFORMATION The Distel Tart property _borders Et. drain Creek which provides lowland riparian habitat and also functions as a wildlife migration corridor. The Colorado Division of Wildlife has provided a _report of wildlife on the property which is attached. I I I I I I I I I I I I H-1 ` 4I0S12 EXHIBIT H U MINED LAND WILDLIFE QUESTIONNAIRE for limited itpact and select regular mine applications 1. Same cf Company/Hine: C & M Com anies• Distel Farm 2. Name/Address/Phone of Contact Person: Bab Allen. 7816 Niwot Road P. 0. Sox 490; Niwot, Colorado 805-44; 443-1099 3. Location of -Hine: See attached Exhibit A & Exhibit B (County, Township, Range, Section to -nearest -quarter quarter; Exhibit A-HLR appl. ) 4 . Nearest Town/General Locations Lon-gmont - 2 miles west of site S. Land Ownership (Circle) .Private'2.SLM 3.USFS -4.-Other 6. Present Land Use: Agricultural 7. Proposed Final Land Use:Agricultural 8. Type of Operation:._ Surface'2. Un-derground 9. Minerals being mined: travel and Sand 10. _Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-HLR) , 95 Acres disturbed (7S. 6 Acres 'fined, 1b .A Acres haul, stockpile. Plant) 11. -Hiles of roads to be constructed, l/2 mile I12. Life of Hine (years) , 10 ears 13. Description of Operation and Reclamation--Additional sheets may be attached (Exhibits B & E-MLR) , Mining to beiin i-n Phase I (NE corn er Site . To soil will be stockpiled in setback area. Overburden will be removed from initial -minis area and moved cut of flood lain for store e. Resource will to loaded onto a c-onve or which will Carr resource from the area I reclam bein activel 'mined to the last site.-After one base is finished bein mined that base will have ation be in i. e. radin to soilin seedin of shoreline area. This reclamation will occur when minin is continuin in the Jexi hase. 1-4. Please enclose Maps of project Operation, Disturbance Areas and Reclamation (Exhibit C. ) this will expedite processing. Your cooperation is appreciated. 15. prepared by: �- Date: 2-'9 -07 940812 MINED LA WILDLIFE STATEMENT/EVALUATION (Revised) EXHIBIT H for limited impact and select regular mine applications "The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration of a mining permit for: C & M Companies - Distel Farms - SE 1/4 SW 1/4, and the SW 1/2 SE 1/4, Sec. 8 T2N, R68W. Name/Type and Location of Mine (Le a1) less the S 1/2 of the SE 1/4 SW 1/4 SE 1/4. and M 1/2 NW 1/4 NE 1/4 NW 1/4, Sec 17, T2N, R68W Wildlife Species list: geld County Deer, pheasant, rabbits, muskrat, beaver, opossum, dove waterfowl, -raptors, magpie, numerous small rodents and seasonal songbirds. Endangered/critical species/impacted: Bald Eagles forage in this area during winter months. Critical habitats/vegetative communities impacted: N/A I M Assessment of impact: A major portion of this area is wet meadow, which should be restored -as nearly as possible. Mine Reclamation recommendations (include key species/habitats for which restoration is designed). A detailed -reclamation plan for this project has not teen recieved by this office. However, since much of this area 3s wet it is strongly recommended that the native grasses-be used on drier areas as well as native Lootonwood and shrubs such as ribes or skunkbush 4,44 I .2//s/rs 1 940,312 EXHIBIT I - SOILS INFORMATION Information on soils for this site was obtained from the Soil Conservation Service. 12 9�Ffl2 • 65 10 79 16 41 GREAT r WESTERN5 „ • 28 64 6 42 Sj'4}.. 56 f. t 141 't %-N ;`a 42 27 59 4 83 1f•`. 10 10 51 42 1,5 . 3 15 82 ' 'STATE HIGHWAY 119 35 17 , } t,.s'', It 1 G - ii. a2 10 AO ., 10 4 79 83 ' 82 8 82 / 83 1,,,„" 83 'wart . .42 1 .. vt 15 , 13 l .. .. 51 r e G1 i 17• - 52 `Di7 3 J «./ 1 51 13 / / a A 59 \\7 P�� 3 3 \-�` __��\S216 3-- Kr 3� � a 1 C I 31 \ 47 1.0104n ::.:...: .. . E". 7 (51 0.......\ 4 � ' It PERMITTED AREA - 76 0`r 75 46 ,.an «emus . a °s� / 10 J AMENDMENT AREA �.• r'. 3 :C 76 JWs.um 10 46 4 17 t 16 1n • K i48 4 47 153 \ 00)10?)16 / 77 10 35 a 4 4 15 �` ,4 16 40 it.[ I C, —i J . .9 / / 52 402O • L 21 C AND M COMPANIES, INC. DISTEL FARM RESOURCE ,[' SOILS MAP TuttleApplegate,Inc. DATE: 4/20/94 SCALE: N.T.S. — .s Consultant.for Land.Mmaal ond Watt)Dn.loym.nt JOB NO.: 93-193 _ _ II990 Grant Street.Suite 410 DRAWN BY: VAH OF: /V-I Dime,.Colorado 60233 SHEET: OF: 1 (303)452-66n FAX(303)452-2759 CHECKED BY: PEA 940812 4—Aquolls and Aquepts, flooded. This nearly level 46—Olney fine sandy loam, 0 to 1 percent slopes. map unit is in depressions in smooth plains and along the This is a deep, well drained soil on smooth plains at eleva- -ottoms of natural drainageways throughout the survey tions of 4,600 to 5,200 feet. It formed in mixed outwash area. Aquolls, which have a dark colored surface layer, deposits. Included in mapping are small areas of soils that make up about 55 percent of the unit. Aquepts, which have a dark surface layer and some small leveled areas. -have a lighter colored surface layer, make up about 25 Typically the surface layer of this Olney soil is grayish percent. About 20 percent is soils that are well drained brown fine sandy loam about 10 inches thick. The subsoil and soils that have sandstone or shale within 48 inches of is yellowish brown and very pale brown sandy clay loam the surface. about 15 inches thick. The substratum to a depth of 60 These are deep, poorly drained soils that formed in inches is very pale brown, calcareous fine sandy loam. recent alluvium. No one pedon is typical. Commonly the Permeability and available water capacity are soils have a mottled, mildly to moderately alkaline loamy moderate. The effective rooting depth is 60 inches or or clayey surface layer and underlying material that ex- more. Surface runoff is slow, and the erosion hazard is tends to a depth of 60 inches or more. In places they have low. a gleyed layer in the underlying material. This soil is used almost entirely for irrigated crops. It Most of the acreage is subject to excessive runoff. The is suited to all crops commonly grown in the area, includ- water table is at or near the surface in spring and during ing corn, sugar beets, beans, alfalfa, small grain, potatoes, the peak of the irrigation season. and onions. An example of a suitable cropping system is 3 These soils are used for rangeland and wildlife habitat. to 4 years of alfalfa followed by corn, corn for silage, Some small areas are irrigated pasture. sugar beets, small grain, or beans. Few conservation prac- The potential native vegetation is dominated by tices are needed to maintain top yields. switchgrass, prairie cordgrass, saltgrass, alkali sacaton, All methods of irrigation are suitable, but furrow ir- big bluestem, indiangrass, western wheatgrass, slender rigation is the most common.Barnyard manure and con- wheatgrass, sedge, and rush. Cattails and bullrush grow mercial fertilizer are needed for top yields. in the swampy spots associated with these range sites. Windbreaks and environmental plantings are generally Potential production ranges from 4,000 pounds per acre in -suited to this soil. Soil blowing, the principal hazard in favorable years to 3,000 pounds in unfavorable years. As establishing trees and shrubs, can be controlled by cul- -range condition deteriorates, the tall and mid grasses tivating only in the tree row and by leaving a strip of decrease, production drops, and saltgrass, sedge, and rush vegetation between the rows. Supplemental irrigation increase. The farming and irrigation in adjacent areas has may be needed at the time of planting and during dry increased the amount of salts on much of the acreage. periods. Trees that are best suited and have good survival Management of vegetation on this soil should be based are Rocky Mountain juniper, eastern redcedar, ponderosa on taking half and leaving half of the total annual produc- pine, Siberian elm, Russian-olive, and hackberry. The tion. Switchgrass, big bluestem, indiangrass, western shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. wheatgrass, pubescent wheatgrass, intermediate wheat- Wildlife is an important secondary use of this soil. The grass, tall wheatgrass, and tall fescue are suitable for cropland areas provide favorable habitat for ring-necked seeding. The plants selected should met the seasonal pheasant and mourning dove. Many nongame species can requirements of livestock. For successful seeding, a firm be attracted by establishing areas for nesting and escape prepared seedbed is needed. A grass drill should be used. cover. For pheasants, undisturbed nesting cover is essen- Seeding early in spring has proven most successful. Til- tial and should be included in plans for habitat develop- lage is needed to eliminate the undesirable vegetation. ment, especially in areas of intensive agriculture. Wetland wildlife, especially waterfowl, utilize this unit. Rapid expansion of Greeley and the surrounding area The wetland plants provide nesting and protective cover has resulted in urbanization of much of this Olney soil. -as well as some food. The nearby irrigated cropland, This soil has good potential for urban and recreational where wildlife obtain much of their food and find protec- development. The only limiting feature is the moderately tive cover, makes this unit valuable to both wetland and rapid permeability in the substratum, which causes a openland wildlife. hazard of ground water contamination from sewage Openland wildlife, especially pheasant, use this unit for lagoons. Lawns, shrubs, and trees grow well. Capability cover and nesting. Deer find -excellent cover in some class I irrigated. areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. Capa- bility subclass VIw; Aquolls in Salt Meadow range site, Aquepts in Wet Meadow range site. 240812 76—Vona sandy loam, 1 to 3 percent slopes. This is a deep, well drained soil on plains and high terraces at elevations of 4,600 to 5,200 feet. It formed in eolian and alluvia] deposits. Included in mapping are some leveled areas. Also included are small areas of soils that have a loamy substratum and areas of soils that are noncalcare- ous to a depth of 60 inches. Typically the surface layer of this Vona soil is grayish brown sandy loam about 10 inches thick. The subsoil is brown fine sandy loam about 18 inches thick. The sub- stratum to a depth of 60 inches is sandy loam. Permeability is moderately rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. In irrigated areas this soil is suited to all crops com- monly grown in the area, including corn, sugar beets, beans, alfalfa, small grain, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa fol- lowed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining, and installing pipelines -are needed for proper water applications. All methods of irrigation are suitable, but furrow ir- rigation is the most common.Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be necessary at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa Pine, Siberian elm, Russian-olive, and hackberrv. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. The _cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment,_especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. This soil has good potential for urban and recreational development. Lawns, shrubs, and trees grow well. The only limiting feature is the rapid permeability in the sub- stratum, which causes a hazard of ground water con- tamination from sewage lagoons. Capability subclass Ile irrigated; IVe nonirrigated; Sandy Plains range site. 9106112 EXHIBIT J - VEGETATION Vegetation at this site mainly consists of active farmland with the primary crop being alfalfa. Some wetland vegetation exists along the abandoned railroad grade on the north side of the permit area. 13 940S1z EXHIBIT K - CLIMATE No change to this exhibit. 14 94. 0612 iEXHIBIT K I . • I CLIMATOLOGY REPORTN©_ 77-I . I I I II 1 LONGMONT 2E� G5 5:IS . COLORADO -CLIMATOLOGY OFF LICE COL-CRADO STATE UNIVERS:71 FT. COLLINS, CO. BC523 • Ii TEMPERATURE I F) PRECIPIT-ATION CINCHES) ≤ E7aCEs 1 1:r:1r :r :AYs F:::1.-S.EE7 ''Ll% fl.7 :A'S -rar r:1: s AA I �- Luria. Q ii f y L0 t • 11;11Y! T an o 00 �O iyO f i y .cif - oW �_W 4W 1 of W+ YU V� - a D W Y ss dig NY ^g Oi p ti - a C is Ai a - t .;ii is �s as o �� r ,a a ns 6666 I II L. -23 '2.2 27.4 1453 13 3 . 1663 :3 1.0 6.9 30.4 S.S .34 .52 1962 5 -5.4 12. 1662 IC 1:5 .1 C.: I 7E3 46.2 26.5 31.4 T6. 1054 0 36. 1631 1 0.0 4.6 27.4 2.6 .43 .74 1957 20 4.5 0. 1956 9 '.6 .. ... N44 5:.: 2'.4 35.7 i:. 7947 35 -10. 166: 3 C.0 3.5 20.3 1.4 .94 1.75 1952 21 71.3 14. 1952 21 3.1 .2 C. 1 414P 6'.3 32.0 46.7 -06. 145: 22 -4. 1056 1: i.e C I4.6 .I 1.26 2.70 1967 14 4.2 16. 1957 3 3.3 .6 .2 r41 71.4 42.6 57.2 94. 1066 26 24. :962 I 1.0 0.6 1.0 9.0 2.53 1.0a 1057 9 .2 I. 1957 16 5.1 la .6 ,.: 6'.3 46.6 65.6 1)5. 1054 24 32. 1651 -2 7.0 C.0 C.0 0.0 1.74 1.90 1943 16 0.0 C. 0 0 4.5 1;2 .4 _ 09.5 55.4 72.: 105. :634 12 4:. 7952 9 1S3 0.C C.0 0.0 7.16 1.45 1954'15 0.0 0. 0 0 -4.4 3 .1 66.3 43.5 66.6 1::. 1669 9 30. 764428 :C.1 0.: 0.: 0.0 1.12 1:71 1051 3 0.0 0. 0 0 3.0 .4 .1 I, 5E^ -0.7-44.: 4:.1 ii. 194: 1 29. ISiS 24 3.: 0.C .9 0.0 1.16 1.43 1970 22 .1 2. 1959 29 2.0 .0 .3 67.1 33.!5:.3 Si. :667 4 C. 1946 13 C.C .3 14.2 9.0 .90 135 1940 4 1.4 11. 1969 12 2.5 .S .2 52.2 22.2 37.2 77. 1952 5 -I6. 1952 27 0.0 2.0 20.0 .6 .52 .11 1965 26 4.7 9. 1956 20 1.0 0.0 0.0 I :E: 44.0 '53 3:.2 7i 1-955 24 -75. 1054 24 0.5 5.2 50.4 2.5 .75 .53 1940 4 4.5 6. 1955 13 7.5 .1 0.0 I'7:.I. 64.2 33.2 49.7 77. 24. 176. 13. 12.6 46. 34. 4. 2. 41 Ili -PRECIPITATION WITH PRD6ASILIIY EQUAL OR LESS THAN PROP. LEVEL JAN FEN PAN APR MAT -JUN _JUL ANG SEP OCT NOv OEC ANNNAL _.0S 0.00 0.00 .10 .06 .41 .29 .17 .77 0.00 .05 ,14 0.00 6.45 Ili _..}2 .06 0.00 .27 .1] .03 .AS .27 .17 .09 :111 .97 .12 7.8b .17 .126 .41 .7x 0n .70 .44 .57 .25 -.30 .IN a ,54 .45 .75 ,0• .60 .46 ,a2 - .34 .33 . 7 10 25 ,40 .23 ,41 .67 •64 •-1] 1,19 .77 ,5] ,6) .49 ,an .21 11.22 .60 ,39 .36 R .17 0 1.a4 .96 4.10 I.IS .094 9 .69 .5• ,]6 3.19 .60 J� .45 ,1I 15 Sit 17 .70 .43 55 .Il I.SI 309 [.15 3 44 1.10• .a2 1:t17 l .43 i44 4.34 .80 .53 .-66 I.14 7,52 ].60 7.L7 2.38 2.65 6.65 2.21 .74 2 .73 7.017 I' 90 .53 46 94 7.44 5.00 ..a1 .95 .05 1:94 2.24 11,11 6.13 •.25 7.45 2.44 ].al 2.96 I.09 .9)' 9.75 ALPHA 4 94 2.46 2.09 LOr, 1.97 1,90 1.72 2.59 1.16 .97 11.03 1.73 10.07 BETA 19 .20 .46 1.2S 1.]S 9] .69 41 1.05 1.01 11 .2) 5.25 0 .05 .IS 0.09 =40.00 0.00 9.00 4.00 0.110 .is 4.00 =b0 0 .00 I M7 itO r,A✓NA Ol4711IP,T Ie, ITITEO 10 94TA 4L?aNAP c.APr ....A✓A TL✓ 4ET4. SCALE PARA✓I TFP D• e:0, Or rr4c5 MA VI'+r. 7rNO PkFL ✓ ra•'41/IDILL NO. OF P0hTN9 ►CDIA1 PP LCIPITAIION 4NO!)1175 INE IIt91CA}ID Al 1., :0 PNG.,A01LITT LTVCL #J-) . -I1 940812 EXHIBIT L - RECLAMATION COSTS C & M Sand and Gravel Company Distel Farm Resource Weld County, Colorado MAJOR DISTURBANCE RECLAMATION COSTS ITEM -UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE 1 Backfill Shoreline Overburden C.Y. 16,250 $1.50 $24,375.00 2 Backfill Shoreline Topsoil C.Y. 1,712 $1.50 $2,568.00 3 Redistribute Topsoil to Strip C.Y. 10,8913 $1.50 $16,335.00 4 Scarify Compacted Areas ACRE 1.1 $725.00 $797.50 5 Seed, Fertilize, Mulch ACRE 11.6 $500.00 $5,800.00 TOTAL $49,875.50 NOTES/DESCRIPTIONS: Backfill Shoreline Overburden 1.5 Acres = 47.4 slope distance x 1,300 feet proposed shoreline w/ 15 feet ave. pit depth @ 3:1 side slope (337.5 sf cross-section area) Backfill Shoreline Topsoil 1.5 Acres = -47.4 slope distance x 1,300 feet proposed shoreline w/-9" topsoil depth @ 3:1 side slope (35.6 sf cross-section area) Redistribute Topsoil to Strip 9.0 Acres Stripped @-9" depth Scarify Compacted Areas 1.1 Acre Topsoil/Overburden Stockpiles Seed, Fertilize, Mulch 1.5 Acres Mining, 9.0 Acres Stripped, and 1.1 Acre Topsoil Stockpiles 15 940812 C & M Sand and Gravel Company Distel Farm Resource Weld County, Colorado MODERATE DISTURBANCE RECLAMATION COSTS ITEM -UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE PRICE 1 Backfill Shoreline Overburden C.Y. 0 $1.50 $0.00 2 Backfill Shoreline Topsoil C.Y. 0 $1.50 $0.00 3 Redistribute Topsoil to Strip C.Y. 0 $1.50 $0.00 4 Scarify Compacted Areas ACRE 22.5 $725.00 $16,312.50 5 Seed, Fertilize, Mulch ACRE 22.5 $500.00 $11,250.00 TOTAL $27,562.50 NOTES/DESCRIPTIONS: Scarify Compacted Areas 17.5 Acres Plant Site, and 0.6 Acres Office and Scale House and 4.4 Acres Road/Conveyor alignment Seed, Fertilize, Mulch 17.5 Acres Plant Site, and 0.6 Acres Office and Scale House and 4.4 Acres Road/Conveyor alignment 16 940S12 C & M Sand and Gravel Company Distel -Farm Resource Weld County, Colorado MINOR DISTURBANCE RECLAMATION COSTS ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY PRICE TRICE 1 Backfill Shoreline Overburden C.Y. 0 $150 $0.00 2 Backfill Shoreline Topsoil C.Y. 0 $150 $0.00 3 Redistribute Topsoil to Strip C.Y. 0 $1.50 $0.00 4 Scarify Compacted Areas ACRE 0.0 $725.00 $0.00 5 Seed, Fertilize, Mulch ACRE 3.4 $500.00 $1700.00 TOTAL $1700.00 NOTES/DESCRIPTIONS: Seed, Fertilize, Mulch Reseed 3.4 Acre unacceptable germination (10%) SUMMARY OF RECLAMATION COSTS Major Disturbance $ 49,875.50 Moderate Disturbance $ 27,562.50 -Minor Disturbance $ 1,700.00 $79,138.00 Contractor Mob/Demob Cost $ 2,000.00 Breaching_existing lake liner $ 2.000.1)0 $ 83,138.00 Administrative Cost (21.6%) $ 17,958.00 Total Reclamation Cost $101,096.00 Proposed Reclamation Bond $101,100.00 Bonded Cost Per Acre (50.8ac) $ 1,990.16 C & M Companies wishes to bond the additional acres addressed in this amendment application separately from the original permit area. The properties have different owners and C& M has negotiated separate leases with each owner, therefore, this reclamation bond calculation only addresses the amendment acreage and would be additive to the existing bond. 17 940S12 EXHIBIT N - OTHER PERMIT AND LICENSES The following is a list of other permits and licenses held or required for this operation. Weld County Use By Special Review (amendment) Air Pollution Emission Notice (amendment) Colorado Discharge Permit System (amendment) Stormwater Discharge Permit and Management Plan (amendment) Substitute Water Supply Plan 18 94Os 12 EXHIBIT 0 - SOURCE OF LEGAL RIGHT TO ENTER The following document is a copy of the lease between C & M Companies and the landowner, indicating the applic-ants right-to-enter the property for mining purposes. 19 3S12 LEASE AGREEMENT FOR SAND 11ND GRAVEL 1. PARTIES. The parties to this Agreement are DONALD 7. SHERWOOD, ("Lessor") - whose address is c/o Sherwood Enterprises, 120 Ninth Avenue, Longmont, Colorado -80501, -and DAVID B. NYSTROM, ("Lessee") , whose address is P.O. Box -490, "791b -Niwot ;toad, Niwot, Colorado, 80544 . 2. 1tECITALS MID PURPOSE. The lessor is the owner of real property in Weld County, Colorado, described on Exhibit A. Lessee operates -sand, gravel and associated activities and desires to lease the property described on Exhibit A from the Lessor for the purpose of mining sand, gravel, and their constituents, and conducting of its associated activities. The Lessor desires to lease the property to the Lessee upon the terms and conditions hereinafter set forth. Therefore, the purpose of this lease is to set forth the terms and conditions of the Lease between the parties. 3. CONSIDERATION. This Lease is executed by the parties for and it the consideration of the royalties, terms, covenants, conditions and agreements of the ether party as _herein set forth. Each party agrees that the consideration given is good, valuable and sufficient. 4. LEASED PREMISES. The property subject to this Lease consists of the real property described on Exhibit A, which is tereinafter referred to as the "premises." S. TERM. The term of this Lease shall begin on the elate hereof and shall end on the ninth (9) anniversary hereof. All obligation of the Lessee with respect to the reclamation of the leased premises shall be completed within the term of the lease. S.A. Upon execution of this lease, lessee gill begin immediately to secure the necessary permits needed to start up the mining operation and -diligently pursue issuance of the permits. 5.b. Upon receiving final approval of all permits required, mining operations will begin immediately including, but not limited to, dewatering of the pit and stripping of the area. Mining operations shall be continuous till the reserve is depleted. Normal mining operations can include shutting down of production activities during the minter months of November through March. S.c. Time is of the essence concerning all particulars pertaining to this lease. cwoneow.c" .e 1 94Ds1z 6. USE AND POSSESSION OF THE -PREMISES. The Lessor hereby grants to the Lessee the exclusive right to prospect for, mine and remove sand, gravel, and other minerals and associated materials from the premises during the term of this Lease. No topsoil or overburden will be removed from the premises without the consent and permission of the lessor. Furthermore, the Lessee shall have the right to conduct related and incidental activities in association with its mining operation including, but not limited to, a processing site for crushing, washing and stockpiling of materials from within the lease area or adjoining gravel properties as the reed may arise. The Lessee shall not make any use of the property which is contrary to applicable zoning regulations or contrary to the provisions of any permits issued. lessee's possession of the leased premises is subject to existing roads and ditches, future agreed upon accesses or roads as needed, existing oil and gas leases and rights and obligations relating thereto. The Lessor reserves the right to use all portions of the leased premises not necessary for the Lessee's activity and the lessor shall at all times have the right of access to the areas being used by the Lessee for purposes of inspection. The Lessor shall not engage in any activity, including the running of excessive irrigation water, through or near to Lessee's operations as to unreasonably interfere with Lessee's operations. Any sand and gravel removed from its natural state and stockpiled on the leased premises or on the processing and stockpiling site shall be the property of the Lessee, subject to the payment of royalty upon removal from the leased Property. 7. ROYALTY. -The Agreement shall have the following terms for all processed gravel products as they are sold or removed from the final processing area. Be it understood that the final processing area may be an adjacent property, therefore the royalty terms shall apply as the gravel products are sold or removed from said adjacent property. 940912 -8. aECIAMATION. It is understood that Lessee has the obligation to develop a reclamation plan for the demised premises, which -reclamation plan shall be submitted -to and approved by Lessor prior to _Lessee securing the necessary mining permit from any regulatory authority. The mining plan and the reclamation plan will be developed in a manner so as to reasonably comply -with the lessor's desired end-use of the property. Any plan of reclamation shall include the following: Lessee shall make separate stockpiles of topsoil and waste substances; on completion of removal of materials from pits dug on these premises, Lessee agrees to place any unused waste substances and materials used for roadways back into the pits with topsoil placed on top and to back-slope such pits, unless the pits ars to be used for ponds; Lessee agrees to plow, level and c:\wp5I contnct.Uere.equ 3 940S12 1 z reseed allareas where roads and stockpiles have existed unless the reclamation plan calls for hills or berms in those areas. 9. PERMITTING. The Lessee Mill be solely responsible for all costs of obtaining the necessary permits for its proposed operations, all costs of its mining operations and reclamation activities. In the event the approval of Veld County or the M.L.R.B. is denied or the permit is not obtained within 270 days after the signing of this agreement, this agreement shall be null and void and all parties released from further obligations hereunder, and the earnest money refunded. however, if it can be shown that the Lessee was negligent in obtaining the required permits, then the earnest money is then non-refundable. 9.a. Every effort will be made to insure that the permitting processes are being accomplished in a timely manner so as not to delay future mining or operations. 10. EXECUTION MND RECORDATION OF MEMORANDUM OF LEASE. Upon execution of this lease the parties shall execute, have acknowledged and record a memorandum of the lease in the form attached hereto as Exhibit B. 11. MATER RIGHTS. The Lessor will provide that portion o₹ the historical water rights associated with the property which are required for a Plan for Augmentation to replace out of priority depletions caused by Lessee's mining operation and a reclamation plan, including the evaporation caused by Lessee's reclamation plan. If the Lessor's historical Mater rights are not adequate, any additional water rights shall be furnished by the lessor, at Lessor's expense. The Bonus Ditch shall not be used in the plan for augmentation. 12. INSURANCE. The Lessee agrees to indemnify and save lessor harmless from and against all liability, damages, and judgements arising from injury during the term of this lease by activities, acts or omissions of lessee. Lessee shall further defend and hold and save the Lessor harmless from any civil or criminal claim against violation of conditions of any such permits or licenses or claims of damages or loss for personal injuries or otherwise. To secure its obligation for protection against claims which may be asserted against Lessor, Lessee agrees to maintain in full force and effect during the term of this Lease agreement workmen's compensation insurance end liability insurance in a form approved by Lessor in a reputable insurance company authorized to do business in the State of _Colorado for a minimum coverage of at least $1, 000,000.00 13. MON-INTERFERENCE. The Lessor shall have the right to mutual ingress and egress upon said premises and shall retain all right, title and interest therein not specifically granted to the Lessee e:\wp511emtneuta.ege 4 910S12 in the Lease Agreement. "Lessor agrees during the term -of this lease or any extended term _not to construct or allow to be constructed any permanent structure or improvement or any temporary structure or improvement or to engage in any activity on the demised premises that would interfere -with Lessee's use of the demised premises for the purpose stated without written approval of Lessee. 14. ASSIGNMENT. The Lessee has the fight at any time during the term of this agreement or any extended term to assign or sublease all or part of the right granted by the agreement with the consent of the Lessor, which consent shall not be unreasonably withheld. Lessor hereby approves an assignment to and assumption of obligations by L` & M READY MIX CONCRETE CO. _OF BOULDER. However, no assignment or assumption of obligations by C i M READY MIX CONCRETE CO. DP BOULDER shall release the Lessee of his obligations under this lease. 15. ItELEASE. The Lessee may at any time execute and deliver to Lessor or place of record a release covering all of the demised premises andhereby surrenders this lease from and after the date of such release, thereby terminating all obligations hereunder except accrued reclamation obligations and any other obligations that may have accrued as of the date of surrender. lE. SUCCESSORS. The terms and conditions of this Agreement shall inure to and -be binding upon the assigns and successors of the parties hereto. 17. PROPERTY TAX€S. The -Lessee shall be responsible to pay any increase in property taxes that are caused as a result of the land being zoned to a mining use. Such taxes will be paid on or before they become delinquent. 18. FIRST -RIGHT OF REFUSAL. In the event that the Lessor receives an offer from a third party to purchase real property or water rights for the 1-eased gravel property or adjoining gravel property, and the offer is acceptable to Lessor, it is agreed that the Lessee shall have the privilege to purchase the said property at the same price and on the same terms and conditions as proposed. The Lessee shall have a period of thirty (30) days in - which to consider such proposal and shall either accept or reject the offer. If the offer is rejected the Lessor shall be free to sell the leased premises to the third party, but any such purchase shall be subject to the terms of this lease. 19. ARBITRATION. The parties agree that any dispute or controversy arising out of this agreement shall be determined by arbitration pursuant to the following procedure. 19.1 Either party may demand such arbitration in writing, which demand shall include the name of the arbitrator appointed by c:\wp5Uc uacte\fr ee.equ 5 94 12 the party demanding arbitration, together with a statement of the matter in controversy. 19 .2 within 10 days after such demand, the other party shall name its arbitrator, and upon failure of the -other party to name its arbitrator, the party demanding arbitration shall appoint the other arbitrator. The two arbitrators -so selected shall name a third arbitrator within 10 days or, i-n lieu of such agreement on a third arbitrator by the two arbitrators so appointed, the third arbitrator shall be appointed by the chief judge of the district court of the 20th Judicial District. 19.3 Each party shall bear its own arbitration costs and expenses with the exception that the cost of the arbitrators shall be divided equally. 19.4 The arbitration shall be governed by the Uniform Arbitration Act of 1975 C.R.S. 13-22-201, et seq. , except as otherwise modified -herein. 2A. BANKRUPTCY. This Agreement shall terminate and thereafter be _null and void upon the filing by the Lessee or the lessee's assignee for protection under the Bankruptcy Act. 21. =NOTICE. Any notice required or permitted to be given by the provisions hereof and payments from one party to the -other shall be sufficient if mailed, postage prepaid, and addressed to the other party at the following addresses: Name Address David B. -Nystrom P.O. Box 490, 7916 Niwot Rd. Niwot, CO B0544 Donald J. Sherwood c/o Sherwood Enterprises 120 Ninth Avenue Longmont, CO 80501 Dated this 30th day of September , 19-93 . Lessee: Lessor: Day' B. Nystrom Donald J. Sherwood ,Stio»n R.74a...,Q„ c..- Co-.0 By C- Ci , Wyl\ By -4;s /4" Inana°in t �( ei4dazat a a4 -4417' ClvpSiullu.e.equ 940S12 STATE OF COLORADO ) SS. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me thisloth day of September , 1993 bysteven R. Hewson and rharles n Savtnn Witness my hand and official seal. My commission expires: 11-24-93 A- Notary Pub is -STATE OF COLORADO ) SS. COUNTY OF BOULDER ) 7 The foregoing instrument was.,acknowledged before me this ^/• `day of Ci tj 'L/1r , 1993 by . /2 7c( A? A/7/5-f7lVY1 Witness my hand and official seal. • My commission expires: i/62'/e/G �\ i —] Notary Public clwp5IbmacbUraee.pp. 7 940s12 EXHIBIT P - OWNER OF AFFECTED LAND AND SUBSTANCE TO BE MINED OWNER OF AFFECTED LAND Donald J. Sherwood 120 Ninth Avenue Longmont, CO 80501 OWNER OF SUBSTANCE TO BE MINED Donald J. Sherwood 120 Ninth Avenue Longmont, CO 80501 • 20 9losi 2 EXHIBIT -Q - MUNICIPALITIES WITHIN TWO MILES City of Longmont Civic Center Complex 3rd and Kimbar-k Street Longmont, CO 80501 (303) 776-6050 21 940Ri 2 EXHIBIT R - PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT t p 860 40 ? 619 P 860 407 618 liEReceiptbor Receipt for Certified Mail Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided Aortas, Do not use for International Mail Do not use for International Mail (See Reverse) (See Reverse) Sent to r (-lye s.7"' C4 (id-414'71,rk.t'1qjtiaat end G(t�f,�. w:t\ <�.,� I N { .-ASA --S AY€e!� `teLt o) k\-AT I4 k \ 1t.. ft-*/ P.O.,State end➢P Code P Stab end➢P Code Cegeed Fee ragged Fee I CThr, \ _(-le. Special Delivery Fee Special Delvery Fee Restricted Delivery Fee -Restricted Delivery Fee Return Receipt Showktg Of -Return Receipt Snowing -s, aat to Whom Date Delivered ( C)C) $' mWMms Dab Delivered , . l W Return Receipt Showing to Whom, w Return Receipt Showing to Whom, Z Date,and Mdrpsea'a Address Z gab,and Addressee's Address 7 fl--.1n _ _. _ .--- _ -- -- ealnies adta 9 .wnsay Buren ic;nog ifua s your RETURN ADDRESS completedon the-reverse side? i. co O - to net a e .N - UiñL1L a -NN y� , W a' g�3 3 �-mmaittgia^ ....mm �j �. •a aa$$»T�� aam - ID m' r•nrma a . ; a '"ar 8g ••air: m "OW irk a 1=- -"m : m -_. - r -0 n ..nE r _pre ,324'� ¢y�i'1 O D Z"1 ...` O1 ca • 0-9 -m o F S as '°mom ❑,"� � T _ . > {�( i._. ea _S c. .e3 s '07 '^ m y cc o s' c o^m f.1 0 lens a w em.r.- ..est v iI.t a C 1-11 -0 3 4 'sk g _ - '' _,z i--Et Q N¢ m W ±r. m V Vy1 2: c t o S ' i aaO [7 n m �' 8 : g S s 3re • . . r Et o3 A 13a �! g g F E o ft 33r ass ...r o a-i Oct. ;Pi -04 m F X r m'p 9 n 3 m n = a e' .. a ap O A. m mS O ≥ n 4I -. 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Thank vnu for using Return Receint Service. tepleBeJaewsyl uopaleldwoo3B3bQa si EXHIBIT S - PROOF OF FILING WITH COUNTY CLERK AND RECORDER 23 9c1Osi2 STATE OF COLORADO DIVISIONI of MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman 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 Kensala,r Exec utiye Director Amendment Application Consideration MichaelB bong Division Dire(top DATE: May 27, 1994 TO: Weld County Planning Department 915 10th St Greely, 0 80632 FROM: Carl B. oun , Senior Environmental Protection Specialist RE: C & M Companies , Distel Farm Resource, Permit No. M-29-029, AM-001 Please be advised that on May 20, 1994, C & M Companies , whose address and telephone number are 7916 Niwot Rd, P 0 Box 490, Niwot, CO -80544; (303) 443-1099, filed an amendment application (thy amendment is to add an additional 132.95 acres to the reclamation permit) to the Distel Farm Resource pit, Permit No. M-89-029, which is located at or near Sections 7, 17 and 18, Township 2N, Rangy 68W, 6th Prime Meridian , in Weld County. The application derision is schedul-ed for August 18, 1-994. Copies of the application are available for review al the Weld County Clerk to the County Commissioners office and at the office of the Division of Minerals and Geology, Room 21-5, 1313 Sherman Street, Denver, Colorado 80203. All comments or objections must be submitted in writing in order to be considered in the amendment application review prorPss . The tentative date for final comment is July 5, 1994, and is subject to change . The final date for reteiving comment is determined by the date of the fourth publication by the applicant. oLc z E JUN 0 1 1994 11 Weld County Plantain, so$14 C & M COMPANIES DISTEL FARM RESOURCE APPLICATION TO WELD COUNTY FOR AMENDMENT TO zA USE BY SPECIAL REVIEW PERMIT USR-87 i IN WELD COUNTY, COLORADO Z a 'Ma- NS VMS S 7wttleApplegate,Inc. June, 1994 940812 lbttleApplegate,lnc. Consultants for Land,Mineral and Water Development June 20, 1994 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning 1400 North 17th Avenue Greeley, CO 80631 RE: Distel Farms Pit; Use by Special Review Amendment for a Mining Operation Dear Mr. Cunliffe, With this letter and the accompanying documents, we are requesting a Use by Special Review Amendment for an existing mining operation within the agricultural zone. The applicant holds a current Use by Special Review Permit (USR-877) in Weld County for the site that is being amended. We are including for your use the complete Regular Operations application (amendment to M-89-029) as administered by the Division of Minerals and Geology. This application will fully describe our proposed use of mining and final -reclamation. Any additional information as requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and application fee. This amendment_proposes to add land tothe west of the original permit for additional resource extraction, to the east for an access easement to the Schell Pit which is being permitted concurrently with this operation, and tothe south to expand the resource stockpile area, and provide access from the new parcel on the west. The proposed-mining operation amendment is consistent with the Weld County Comprehensive Plan. The pit will be supplying aggregate to various users in Weld County. The proposed site is a valuable resource and will be restored to a beneficial use. This operation will not adversely impact the agricultural economy of the County. The water storage reservoir afteruse for the reclamation of the mine pit is consistent with existing land uses as well as anticipated proposed land uses. The lake areas created by the mining operation will be for private water storage and as such should not-need a Special Review permit from the county. The lakes,will have a total surface area of 34.3 acres-and will be filled by water rights held by the property owner. The applicant will need to augment water due to the evaporative losses on the-mining operation only. These plans are explained in detail in-Exhibit G of the Regular Operation Amendment application. Sand and gravel mining and agricultural uses presently surround the property. 11990 Grant Street, Suite 410•Denver, Colorado 60233•(303)452-6611 •Fax (303)452-2759 97-0812 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning June 10,1994 Page 2 The application complies with the County Flood Hazard Overlay District Regulations. The reclamation of the pit is proposed as a lake for water storage. The creation of-ponds is encouraged by the County in floodplain areas. We will submit a Flood Hazard Development permit application under separate cover, if it is required. The proposed use is not located in a geologic hazard area, nor is it located in-the Weld County Airport Overlay District. The mine pit is proposed to be located in the "A" District. The applicant has made -a diligent effort to conserve productive agricultural lands. The Weld County General Soil Map showing Agricultural Land Capability Classes shows this area as being mostly Class IV and Class V1 - irrigated. These areas are described as having severe limitations that generally make-them unsuited to_cultivation and limit their uses to mostly pasture land. The use will not adversely affect agricultural ditches, wells, or senior water rights. The applicant will comply with all conditions of State and local permits thus insuring the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air quality, water_quality, noise, on-site mine safety, and reclamation according to applicable State permits. Noise from the processing site equipment at the property line will not be a problem. All processing will occur where the plant site is now located, on the existing permitted area. The nearest residence is located 400 feet from the permit boundary. All noise at the property line will continue to be less than the agricultural noise standards developed by the State Department oft-Iealth. Compatibility with surrounding land uses is insured by location and setbacks. To the north is an abandoned railroad right-of-way and agricultural lands. To the east of the proposed site is the existing mining operation and plant site. To the south and west are more agricultural lands. The agricultural lands to the south, west, and north will not be affected by the operation, and will be protected by the mining setbacks. Changes to the reclamation plan of the original Distel Farm permit area will have minimal impacts to the wildlife in the area. Lining of the reservoir will not significantly change the mining or Teclamation sequence of the operation. The additional parcel to the east, which is City of Longmont Open Space property, will be used strictly for access to the Schell Tit. Mining at that site will occur quickly (less than two years) and will not present a lasting impact to the area. When mining and Teclamation are completed at Schell Pit, acrrss to the property from Distel -Farm will be removed. The City of Longmont property will be reclaimed as prairie area. 94O812 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning June 10, 1994 Page 3 Additional acreage-to the west of the current Distel Farm permit will be used for resource extraction. This are-a is projected to be mined in less than five (5) years. Wildlife species present in the area are expected to be-the same as listed for the original permit. Impacts to wildlife in the area are not expected to be any greater than currently exists as C & M will not be increasing their mining rate, only expanding the extraction area. The creation of water storage ponds by the mining operation could result in an increase of water fowl in the area. The surrounding shorelines area will be reclaimed as pasture and will provide some forage and cover for various small species of wildlife. The mining and processing operations will generally work one eight to ten hour shift, approximately 260 days per year. This is the same schedule that is currently being used at the mine site. Maintenance of vehicles may need to occur after hours. It is expected the operation will continue to employ 12 workers on- site. There will be no livestock allowed near the mining activities at the site. Vehicular traffic and access routes are discussed in the accompanying "Traffic Pattern" statement, and will be the same as the existing operation. The statement has been provided separately for ease of reference by County engineering personnel. There will be no increase in truck-traffic from this amendment. There will be no permanent structures proposed by this use. The equipment used is delineated on the Use by Special Review application, and in the existing USR Permit. In order to minimize the visual impact of the operation, the mining is divided into phases of approximately 17 to 35 acres each. The phases will limit the amount of disturbed ground at any given time. In addition, the reclamation will proceed concurrently with the mining as it is currently being done. Immediately after the mining is completed in a particular phase, the reclamation will begin. Phasing is shown on the attached Exhibit C. Detailed reclamation plans are discussed in the attached Exhibit E and shown on Exhibit F. A portion of the amendment area is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA). The site isshown as Zone A which is described as "Areas of 100-year flood: base flood elevations and flood hazard factors not determined." The operator will comply with Sections 33 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit if it is required. The newly amended area proposes no stockpiles or permanent structures in the floodplain which may not require a new Flood Hazard Development permit. 910812 Mr. Chuck Cunliffe Director of Planning Weld County Department of Planning June 10, 1994 Page 4 Topsoil stockpiles will be aligned with the general direction of the flows of the St. Vrain Creek, therefore minimizing the potential to increase the depth of backwater from the site. The stockpiles are separated from the St. Vrain Creek by the mining pit, therefore, reducing the potential of the materials from being transported from the site. Approximate sizes and locations of stockpiles are shown on the accompanying Exhibit C of the DMG application. Product stockpiles will be placed Tear the processing-plant at the original plant site. The processing plant site is at the very outside edge of the floodplain. If flood waters do enter the site, their impact on the stockpiles will be extremely limited due to low flood water velocities. The vehicular equipment will be equipped with fire extinguishers per OSHA regulations. There will be no permanent structures proposed with this use. The site lies within the Longmont F-10 Fire Protection District. The Regular Operations application Exhibit G discusses the availability of water for dust control, moisture loss, and-evaporation loss. Drinking water on-site will continue to be provided by the operator in the form of bottled water. Sanitary facilities will continue to be provided for in the form of portable San-O-Let facilities. A copy of the lease agreement is included in the attached Exhibit O, to demonstrate the applicants interest in the property and legal right to enter. Soils information is included in the attached Exhibit I. The soils do not pose any limitations to the proposed mining use based on SCS criteria. Should you require any more information, or desire a visit to thesite, please give us a call. Cordially, TUTTLE APPLEGATE, INC. Mike Applegate, P.E. MAJsjr Encs. cc: File #93-193 Jim McFarland, C & M Companie-s c,\93193\weldco.ltr 940812 TABLE OF CONTENTS A. Use By Special Review Application B. Affidavit of Interest Owners-Surface Estate C. Affidavit of Interest Owners-Minerals and/or Subsurface D. Names of Owners of Property Within 500 Feet E. Owner of Surface Rights F. Owner of Mineral Rights G. Municipalities Within Three Miles H. Traffic Patterns I. Insurance Certificates LIST OF FIGURES 1. Truck Haul Routes 2. Permit Plan Map 940812 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for -MINING PERMIT Weld County Department of Planning Services, 1115 10th Street, _Greeley, _Colorado, Phone 356-4000, Extension 4400 t For Department of Planning Services Use Only Case Number: Date Application -Received: PC Nearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt 4: Receipt Number: Application -Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed sanri & Gravel (gravel, -coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See Exhibit A in the attached application TOTAL ACREAGE: 132.95 2. Surface owner(s) of area of land described Name: Donald J. Sh-erwolddress: 120 - 9th Ave. Phone:772-9081 Name: Address: Longmont, CO 80501 Phone: 3. Owner(a) of mineral -rights to substance to be mined Name: Donald J. Sherwood Address: 120 - 9th Ave. Phone:772_9081 Name: Address: Longmont, CO 80501 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: Lease - See Exhibit -0 in State Application (Attached -certified ropy of any _document _noted to the rack of this form) 5. Address of applicant and general office Applicants address: Jim McFarland,P.0. Box -490 Phone: 443-1099 General Office address:7916 Niwot Rd. Ni-wot, 80544 Phone: 6. Identify any _prior permits for mining held by applicant or affiliated person: Distel farms USR-877 Williams Pit USR-886 W-W Farm` USR-897 Platte Valley USR-905 940812 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Scrapers and front end loaders will be used for earth moving. Scrapers, haul trucks or conveyor will transport material to existing processing site. See Mining Plar},Exhibit D. in State Application for more information. b. Maximum number of employees: 12 , end number of shifts:1-10/6 days/weel c. Number of stages to be worked: 4 and periods of time each Is to be worked: 1 veax d. Thickness of mineral deposit: 10 feet. ,and ,thickness of the overburden: 5 . e. This will be a we On pit operation. f. Site entrance/exit points and _county roads and bridges to be utilized between site and delivery point(s) -(must be coordinated with County Engineer) : See Traffic pattern attachment contained i-n the application. 8. Description of Rehabilitation a. Proposed rehabilitation land -use(s): Developed Water Resource b. Source of technical advice Tor reclamation: AC0E, CD0W, SCS, Tuttle Applegate, Inc. c. Explanation of acclamation Process: Creation of lined reservoirs with reclaimed shoreli-nes as explained in the State Application, Exhibit E. 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 OP Weld STATE OF Colorado ature: 0 •er/-Authorized Agent n"R A. Subscribed and sworn to b iii°. '. � ;` day of • 1€Y1 SEAL n OT. . f. My Commission expires ii;/' l OF c0\ 940812 TRAFFIC PATTERNS FOR DISTEL FARM The currently permitted operation for the Tistel Farm hauls material from the site under a previously approved Road Improvements Agreement that was signed by C& M Companies and the Weld County Commissioners (See attached Agreement). The proposed-amendment does not expand the traffic patterns or the proposed haul routes. This amendment allows additional gravel Teserves to be added to the existing operation. Mining and hauling will continue from the site at the same volume and destination pattern. It is proposed that the existing Road Improvements Agreement is adequate to_,over the amendment. The existing haul route goes east on County Road 20 1/2 to Weld County Road 7. This route passed over Boulder Creek. One bridge over Boulder Creek was load posted when the original USR application was made. This bridge was replaced with a culvert by Weld County and C & M Companies to allow the hauling of full loads on this route. County Road 7 is a designated haul route for gravel operations in the area. The C & M traffic splits and hauls approximately 25% of the-material north to State Highway 119 and then west to Longmont. The remaining 75% of the material is hauled south to Broomfield or the Metro Denver area-market. Some material is imported to the site for processing and mixing to make specification products. This material is generally backhauled to the site with the same trucks that haul from the site. This is not a major part of the production operation and does not affect traffic patterns. 940812 ....1:54,,,,. -...\.. 3, x"Yilk (� SZ-I r , L's el . criH O 1 . i r 1 ') dry. 4 f ... r '• op, s e ] 6..„,� •^{� }\` . 15 ' ,. t� •a • ;._. -_ __ f• ii zZ �! � °^ jLW , `fie '_, ` , �. i\, vvw � •.-7..r5.N ^��+,} Cpfil., {1 . f^ f ��jy ��.LJ� r-1 H� �b� q =4„ L, . I � t r IH 1--� Ed -.5. p ` l ICI ow �y y 'I Vi .(a, ' �- .� A +� 1 5Wy .�s• �4• �j a'. f ` t'.. f 5 V . JJF, 1 +s smarm ry �i a 1 #1\' " — r a %,t i ,v ra a p]y 'Z V co g �Y c' ti U V 4. ji f 1 y r. / 7:- a =”,.)„, , O} b�'a�l �Gs I'•.-) u rf G� d ) J i - °r Q v9i o M 6911 . .' _ _ ! p ,�;,a� b 'S' .SJ.N(1 NHQ7IlOH m r• + b . .. { , eaat ( 14 o e f • ••� lei f '# [m Y k ' p a ma . 4s r <F` ira -_fp -'N W I� I J �.a . -..f.1f 7d''t : � .a , —� • � a�dYeV p ;a:A-.-�,r� Fi.� l 9 381 ', Pw �y a . Ii �` ,. &;-5,----4."•A y �i.1 f as�q�.wm'9l',,e .' � �f,' _z y _ " 4at®1F 8q' g ! ir fly I. .s..“44-20*-a .tim.fE._sz:9 - Inv- ,,,�,,,, `�'1rr✓, laaa{sV' �i ;If an.� a. � maierq Mr 'q j y � , L. r i rw'f+ ea'■�'s emai r;Y�iASP i) it ,�' * 'BsrrG�P a3 S. Wii 9f' hy •po i$. �3. I" .y 's, 3. it ,...„---3L Ra2w-_ 6 isS.alcp ,I; q �-�. . � F»g.i Y fiI' .c.c ' .1dSNn5 ; r ) c. i� �,�. .rr aC . 714Qt3 2 COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCF AND IMPROVEMENTS AGREEMENT T-HIS AGREEMENT,made and entered into this 3 day of 311 NF_, 191&, by and between the County of Weld, State of Colorado, thereinafter called "County" and Western Mobile Inc., hereinafter called "WMI" and C & MReady Mix Concrete Company of Boulder, Inc., -hereinafter called "C& M," WHEREAS, WMI and C& M have acquired land use permits from Weld County for gravel pits in the area of Rinn, Colorado, and WHEREAS, WMI and C & M have entered into Road Maintenance and Improvements Agreements with Weld County to repair and overlay County roads impacted by heavy track traffic generated from WMI and C & M's mining and plant operation and, WHEREAS, the County has inventoried the County roads in the Rinn area and found repairs are necessary. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County, WMI, and C & M mutually agree as follows: 1. The County roads to be repaired are Weld County Road 20.5 between Weld County Road 7 and the entrance to C & M's gravel pit, and Weld County Road 7 from-Weld County Road 205 south to state Highway 52. 2. Repair will consist of excavating potholes and distorted areas of pavement, along with unsuitable subgrade materials, and repairing with four inches of hot bituminous pavement and aggregate base as required to replace unsuitable subgrade. 3. All construction and materials shall be in accordance with the State Department of Highways, Division of Highways, State of Colorado,Standard Specifications for Road and Bridge Construction, 1991. The addition of lime to the hot bituminous pavement will not be required. 4. WMI will furnish the necessary hot bituminous pavement, equipment, and labor to repair damaged areas. 5. The County will reimburse WMI for the cost of the AC-10 liquid asphalt required to manufacture the hot bituminous pavement. 94Q812 6. C & M will share the expense for repairs with WMI as determined by a separate agreement. 7. Because of the instability of the existing roadbed, overlaying will not be done at this time. WMI and C& M will be responsible forpatching until such time as the roadbed is stabilized and other improvements such as paving fabrics and overlays can be considered. IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first-above written. WESTERN MOBILE INC. C & M READY MIX CONCRETE COMPANY OF BOULDER, INC. Byf► �GUtn�.,.. . VN. L,�w _ 11 By: 34in «-, J KOZ `i e TitleMAnJ&6EiCoFC&ATR4L. SLAV l(5 Title: //J' /JtL,eAT/,ws ATTEST:� ./D�2'(/G:cl BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board i By: 1P�1 11 By: tdt.—r�ie Deputy Cleric�to the Board George Kennedy, Chairman O147/9,z_ MMM:AM June 3, 1992 (c:\wp51\least\weldety.imp) 940812 COUNTY OF WELD, STATE OF COLORADO LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made-and entered into this a day of .1-U lv. , 19 by and between the County of Weld, State of Colorado, hereinafter called "County" and Western Mobile Inc.,hereinafter called "WMI" and C& M Ready Mix Concrete Company of Boulder, Inc., hereinafter called "C & M," W-HEREAS, WMI, C & M, 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 WW-IEREAS, 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, WMI,and C & M 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, WMI, and C & M mutually agree as follows: 1. The County roads considered in this agreement are haul routes that were 940812 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 C & M's gravel mine, which is a distance of approximately-7,700 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. WMI and C&M are restricted to hauling on the road identified in Paragraph 1 above. Previous haul route restrictions shall not apply and the establishment of the new haul routes does not constitute a substantial change from the restrictions contained in land use permits previously granted by the County, provided WMI and C & M are not in breach of this Agreement. 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 1 above, to participate in Road Maintenance and Improvements Agreements as outlined herein. 4. WMI, C& M, 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. 6. 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 WMI, C & M, 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 loesnotparticipate 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. 944)812 IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first-above written. WESTERN MOBILE INC. C & M READY MIX CONCRETE COMPANY OF BOULDER, INC. 113T-11641a_ By: ?1kfl r�:zr Title: MmIArFR of City TPA L. Title: !/ , l�r,,f/L/977nn/J SEzR,V c_-e.5 Al PEST:��'" //z//� BOARD OF COUNTY COMMISSIONERS �i WELD COUNTY, COLORADO Weld County Clerk to the Boar /� By: � / 1 �1// r 77-1i- l� l��l By: Deputy Clerk to the Board fi rge Kenne y, Chairman O(o/n/q MMM:AM May 20, 1992 (c:\wpsl\lease\weldcty.Ing) 94C}12 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Distal Farm See attached Exhibit A for Legal Description SATE OF COLORADO ) ) ss. COUNTY OF WELD THE UNDERSIGNED, being firet duly sworn, states that to the best of his or fier knowledge, the attached list is a true and accurate list of the names, a-ddresses, and the corresponding Parcel Identification Number assigned by the Weld CountyAssessor of the owners of property (the surface estate) within -500 feet of the property which is the subject of the application. This list was compiled from the -records of the Weld County Assessor, an -ownership update -from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the weld County Assessor shall have been assembled within 30 days of the application submission date. • AN � The fore ng instrument was subscribed and sworn t before me this �_ day of , 19 9,4_, � by "WITNESS my hand and official seal. My Commission expires: ©cl z)9 _9 q Notay Publi 940s12 AFFIDAVIT OF INTEREST -OWNERS MINERALS AND/OR SUBSURFACE Application No. _Subject Property Distel Farm See attached Exhbit A for Legal Description STATE OF COLORADO ) sa. COUNTY OF WELD THE UNDERSIGNED, tieing 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 miner-al -owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, er an attorney. The foregoing instrument was subscribed and sworn to before me this _44,4day ot ^^� • 19 24, By 1 � 1\ WITNESS my hand and official seal. My Commission expires: 09 _ c9_9j [` l ota._ Public S1ORt 2 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Assessor's Parcel I.D. Name 131307000002 Citizens Bank of Aurora 131307000051 15305 East Colfax Avenue Aurora, CO 80011 131318000005 Sherwood, Donald J. 131318000055 c/o Charles D. Saxton/Ken Bachman 131317000022 353 Main Street Longmont, CO 80501 131317000053 Distel, Melba G. 1443 Weld County Road 201/2 Longmont, CO 80501 131317000049 Bigelow, Andrea Pierce & 131308000028 Frank Scott Trustees 131307000044 990 East Highway 119 131318000046 Longmont, CO 80504 131307000025 Bain, Fenton A.Trustee 3100 Arapahoe Street, #402 Boulder, CO 80303 Railroad R.O.W. Burlington Northern Railroad c/o Raymond J. Townsend 304 Inverness Way South Englewood, CO 80112 131317000062 Cottonwood Land &Farms LTD P.O.Box 229 Boulder, CO 80306 131316000031 Cooley Gravel Company P.O. Box 5485 Denver, CO 80217 131209000003 Temperature Processing Company,Inc. 10477 Weld County Road 7 Longmont, CO 80501 131308000030 City of Longmont Civic Center Complex 3rd& Kimbark Streets Longmont, CO 80501 131317000063 Schell, Judith Ann 11820 Niwot Road Longmont, CO 80501 \93216\landja uaUt t2 OWNER OF SURFACE RIGHTS Donald J. Sherwood 120 Ninth Avenue Longmont, CO 80501 OWNER OF MINERAL RIGHTS Donald J. Sherwood 120 Ninth Avenue Longmont, CO 80501 LESEE OF MINERAL RIGHTS Top Operating Company Rodney K. Herring, V.P. 410 - 17th Street, Suite 1120 Denver, CO 80202 MUNICIPALITIES WITHIN THREE MILES City of Longmont, Colorado Civic Center Complex Third and Kimbark Street Longmont, CO 80501 (303) 776-6050 • 910R12 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.i RA AVENUE GREELEY,EY, COLORADO 80631 COLORADO July 5, 1994 C & M Companies c/o Jim McFarland Distel Farms P.O. Box 490 Niwot, CO 80544 Subject: AM USR-877 — Request for a Site Specific Development -Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials proc casing facility on a parcel of land described as part of the S2 of Section 8, part of the N2 of Section 17, -part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R68W of the -6th $.M. , Weld -County, Colorado. Dear Mr. McFarland: 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 August 2, 11994, 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 its review and comments. Please call Brad Schol (Longmont) at 651-8330 and Jay Curtis (Sri—Area) at 833-3819 for further details regarding the dates, times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the Longmont and Tri-Area Planning Commission meetings to answer any questions the Commission members may have with respect to your application. Sometime prior .to July 22, 1994, a representative from the Department of Planning Services will be out to the property to post a sign which identifies the hearing time, date, and location 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, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (acc d intersects a publicly maintained road right-of-way. d EXH lB I T 940812 An it-c77 C & M Companies c/o Jim McFarland - Distel Farms AM USR-877 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. 1t 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, Greg Tfiompson Current Tlanner 91-0812 DATE: August 2, 1994 CASE NUMBER: Amended USR-877 APPLICANT: C & M Companies c/o Jim McFarland - Distel Farms ADDRESS: P.O. Box 490, Niwot, CO 80544 REQUEST: A Site Specific Development -Plan and an Amended Use by Special Review Permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part S2 Section 8, part N2 Section 17, part NE4 Section 18, and part o-f SE4 Section 7, all in T2N, R68W of the 6th F.M. , Weld County, Colorado. LOCATION: Approximately 1/2 -mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. THE DEPARTMENT OF PLANNING SERVIC-ES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7, 44. 1, 44.2, and -44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Mineral Resources, Transportation and Urban Growth Boundary 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 City of Longmont has reviewed this case and indicated a concern with the amount of time the access across their property is proposed for. Condition of Approval #3 addresses this concern. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - 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: -Boulder Creek, pasture, rural residences, and irrigated crops. gi EXHIBIT • S o'Y -t77 :� u:12 RECOMMENDATION, Amended USR-877 C7M Companies, coo Jim McFarland-Distel Farms Page 2 Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval 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. 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 rot 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 -Clark and Recorder. 3. The access to the Schell -Pit across City of Longmont property shall only be utilized as long as a legal, binding agreement exists between the applicant and the City of Longmont to utilize the access to the Schell Pit. 4. Prior to recording the plat: A. The existing Emission Permit shall be modified for the increased operation, if the Colorado Department of Health determines such a modification represents a significant change it -emissions or production. If the Colorado Department of Health determines the increased operation does not require a modification to the existing Emission Permit, the applicant shall submit information which indicates this. B. If applicable, the existing NPDES Permit shall be amended for the increased operation if the State determines such a modification represents a significant change in the discharge. If it is not a significant change, the applicant shall submit -evidence to this effect. 9413812 RECOMMENDATION, Amended USR-877 C7M Companies, c/o Jim McFarland-Distel Farms Page 2 C. The facility shall amend its stormwater discharge permit at the Colorado Department of Health, Water Quality Control Division. D. The applicants shall submit a substitute water supply plan to the State Division of Water Resources for their approval, and shall submit the approval information to the Department of Planning Services. E. The applicants shall apply for the appropriate building permit and zoning permit for the mobile home located northwest of the processing area and utilized as a breakroom. Additionally, the plat shall be amended to include the location of the mobile home. 5. Mature trees on-site shall not be disturbed to the greatest extent possible. If the mature trees cannot be maintained, the applicant shall consult with the Division of Wildlife and submit a -replanting plan to the Department of Planning Services. 940812 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS C&M Companies, c/o Jim McFarland - Distel Farms Amended USR-877 1. The Site Specific Development Plan and Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility 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-pit gravel operation shall comply with the operation policies identified in Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the cancellation of the permit. 4. The haul route shall be Weld County Road 20-1/2 to Meld County Road 7; then north or south to State Highway 119 Dr State Highway -52. At no time shall heavy truck traffic associated with this use operate on Weld County Road 1 or that portion of Weld County Road 20-1/2 west of the Special Review site. 5. The property shall be maintained in compliance with Section 404 of the Clean Water Act. 6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations, including: A. NO fill, berms, or stockpiles shall to placed in the one-hundred (100) year floodplain 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 floodproofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 7. Mature trees on-site shall not be disturbed to the greatest extent possible. 8. No new access points shall be allowed from the site to any Meld County Roads. 9408i2 DEVELOPMENT STANDARDS, Amended USR-877 C&M Companies, c/o Jim McFarland - Distel Farms Page 2 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. No permanent disposal of wastes shall be permitted at this site. 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 12. Fugitive dust shall be controlled on this site. 13. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) as measured according to 25-12-102, Colorado Revised Statutes. 14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 15. The facility shall provide adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 16. The site shall meet the codes and standards of the Mountain View Fire Protection District. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Sections 24.6 and 44.4 of the Meld County Zoning Ordinance. 20. Personnel from the Weld County Health IDepartment and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any ether changes shall be filed in the office of the _Department of Planning Services. 940812 DEVELOPMENT STANDARDS, Amended USR-877 C&M Companies, c/o Jim McFarland - Distel Farms Page 3 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. S40812 CERSIFICATE OF MASLING I hereby certify that I have placed true and correct copy o£ the surrounding property owner-s and owners and lessees o₹ minerals in accordance with the notification requirements of Weld County in Case Number AM USR-877 for C & M Companies, c% Jim McFarland - Distel -Farms in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 6th day of July, 1994. l L1 IXHI$IT X-4417-77 -77. 940812 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFAC-E ESTATE/MINERAL OWNERS C & M Companies, c/o Jim McFarland - Distel Farms AM USA-877 Citizens Bank of Aurora 15305 East Colfax Avenue Aurora, CO 80011 Donald J. Sherwood c/o Charles D. Saxton Ken Bachman 353 Main Street Longmont, CO 805_01 Melba G. Distel 1443 Weld County Road 20 1/2 Longmont, CO 80501 Andrea Pierce Bigelow Frank -Scott Trustees 990 East -Highway 119 Longmont, CO 80504 Fenton A. Bain Trustee 3100 Arapahoe Street, #402 Boulder, CO 80303 Burlington Northern Railroad c/o Raymond J. Townsend 304 Inverness Way South Englewood, CO 80112 Cottonwood Land and Farm, Ltd. P.O. Box 229 Boulder, CO 80306 Cooley Gravel Company P.O. Box 5485 Denver, CO 80217 Temperature Processing Company, Inc. 10477 Weld County _Road 7 Longmont, CO 80501 City of Longmont Civic Center Complex 3rd and Kimbark Streets Longmont, CO 80501 Judith Ann Schell 11820 Niwot Road Longmont, CO 80501 Donald J. Sherwood 1-20 Ninth Avenue Longmont, CO 80501 940812 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS C & M Companies, c/o Jim McFarland - Distel Farms AM USR-877 Page 2 Top Operating Company -Rodney K. Herring, V.P. 410 17th Street, Suite 1120 Denver, CO 80202 S40812 DEP-ARTMENT OF-PLAN NINFSERVICES PHONE(303)253-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES • 1400 N. 17TH AVENUE GREELEY, COLORADO80631 COLORADO DATE: July 5, 1994 TO: SURROUNDING -PROPERTY/MINERAL OWNERS CASE NUMBER: AM CSR-877 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 2, 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: C & N -Companies, c/o Jim McFarl-and — Distel -Farms FOR: Site Specific Development Plan and an Amended Special Review permit for a zlewatered sand and gravel mine and -materials processing facility. LEGAL DESCRIPTION: Part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. Your property is within ₹ive—hundred (500) feet of the property on which this request has been made or you may have -an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current -Planner. Comments or objections related to the above request should -be submitted in writing to the Weld County Department of -Planning Servicee, 1400 N. 17th Avenue, -Greeley, Colorado 80631, on or before the date of public hearing. 940812 Y —p 4 I�� I --t 1 2°� ��,,g T • da P I ,© Y ` . F �s • • • G G 3.SS — I • MMM"' .. F - .i° Ali I • n� G• py G • o r. c . • y▪ ° "L •G ''x ti Y° 7 I• •• 1 'W •G /o d• I y a 2 • • q. d o • �� ° J. Jp i.� �. 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I " \\C it - ' \ l �� . /NNAA `A�. 9 T\ is11 %� I , , ( . iv , I , . , .,:_x ., _ --f- - 'I_ I ti -I ✓ J,,,OII • L I'). , 18 I. 1 II / 940812 19 7 20 / Viiii-N____ it 11,, IIIIV DEPARTMENT OF PLANNING SERVICES lie PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES III 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 2, 1994, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and an Amended Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: C & M Companies, c/o Jim McFarland - Distel Farms LEGAL DESCRIPTION: Part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Dewatered sand and gravel mine and materials processing facility. LOCATION: Approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. SIZE: 132.95 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Rocm, 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 August 2, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published/pine IC (1) me by July 7, 1994 Received by: / 1 Date: "J/;- YYY - + EXHIBIT kk8 Afxds,-177 940812 LAND-USE APPLICATION SUMMARY SHEET Date: August 2, 1994 CASE NUMBER: Amended USR-877 NAME: C&M Companies, c/o Jim McFarland - Distel Farms ADDRESS: 7916 Niwot Road, Niwot, CO 80544 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, and part of the SE4 of Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Weld County Road 20-1/2 and approximately 1-1/2 miles east of Weld County Road 1. SIZE OF PARCEL: 132.95 acres, ± 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. City of Longmont 2. State Division of Wildlife 3. Army Corps of Engineers 4. KN Front Range Gathering Company 5. Weld County Public Works 6. Left Hand Water District 7. Longmont Soil Conservation District 8. Weld County Health Department The Department of Planning Services' staff has not received referral responses from: 1. Division of Water Resources 2. Colorado Oil and Gas Conservation Commission 3. Mountain View Fire Protection District 4. Central Colorado Water Conservancy District 5. Tri-Area Planning Commission 6. Burlington Northern Railroad One surrounding property owner has expressed concerns. 1 E X H IB rT 4Y9 94-0812 'f" v -Q77 FIELD CHECK FILING NUMBER: AM USR-877 DATE OF INSPECTION: July 13, 1994 APPLICANT'S NAME: C & M Companies, c/o Jim McFarland - Distel Farms REQUEST: A Site Specific Development Plan -and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. LAND USE: N Boulder Creek, pasture E Rural residences, pasture, Boulder Creek S Irrigated crops, rural residences, pasture W Pasture, irrigated crops, rural residence ZONING: N A (Agricultural) and PUD (Planned Unit Development) E A (Agricultural) and I-3 (Industrial) S A (Agricultural) W A (Agricultural) COMMENTS: Trailer, scale house, and one shed on-site. Area to south of processing area used for parking of haul trucks and employee vehicles. Additional parking and trailer in northwest corner of resource and topsoil stockpile area. Topography is level. Site served by paved Weld County Road 20 1/2. Phase III currently in irrigated crops. Phase I in wheat. Phase II appears to be primarily wetlands. Phase IV appears to be in irrigated crops. Greg Tho son / Current lanner EXHIBIT I #1O 4., 5,x_ $77 940812 FIELD CHECK FILING NUMBER: AM USR-877 DATE OF INSPECTION: /2 /7/9f APPLICANT'S NAME: C & M Companies, c/o Jim McFarland - Distel Farms CURRENT PLANNER: Greg Thompson REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. LEGAL DESCRIPTION: Part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 1"R LAND USE: N 4V/LQii^ I�LKP.�'i /�77.{/�t kN-1' L i4 I intl _ 'n_ roniltd G-KueP °al ToktE3 S• _ _ Q W qvl4 ZONING: N A (Agricultural) E ( A (Agricultural) II � S JUL O 7 199E t! A (Agricultural) ]777`9 . .,:;uri rues lidfl1 W A (Agricultural) CO ENTS: r 'Q < Li om/ �xt, b (_ L G �# r /4.r, thy Q-/,Ce 4 (( 4 3)47n‘ Nt,-J./)n ,/ ll it _se wc� a- L 744 I; / , tia II � . EXHIBIT 0'14 Qq- 177 940812 4441EmoRRnDum W ` 'CGreg Thompson, Current Planner 7o Planning Date July 7 1994 • COLORADO From Donald Carroll subject. !TSP-R]] C' & M Cnmpnniac - Distal Farms I have reviewed the amended application on the existing Distel Farms gravel operation and have the following comments: This facility along with all the gravel facilities have a road maintenance and improvement agreement in place with Weld County. I have verified the traffic pattern to the existing hall route and they match. The applicant is indicating that they will be using the same access point on road 20 1/2 ; no new accesses will be allowed. cc: Commissioner Kirkmeyer AM USR-877 DC/fc:planll a EMBIT a # (y I 44. tig -177 940812 DEPARTMENT OF PLANNING SERVICES ! JUL_ 19uµ w) WELD COUNTY ADMINISTRATIVE PHONE (303) OFFICES Ottf\C:1 ) . 45, EXT. 3540 WI I li N RFPF it ro 4 1400 N. 17TH AVENUE ® :/ �Bl flF� dd GREELEY, COLORADO 80631 PdzteII r`st °' COLORADO eeZZLZOZ°e July 5, 1994 CASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended _Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, 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 approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. V We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. 7^, Please refer to the enclosed letter. Signed: /74/1c//7/,_ -- Agency: i il/ /ll1) LA/ ``4 i iS 16�'</- Date: ////// . 11 l �lC� 71-' EXHIBIT 1 4 U x-877 �I JUL 1 1994 .,_,.,,•_ n."M9140812 CfC1:-.-NH DEPARTMENT • DEOF PLANNING SERVICES lie PHONE (303) 353-'.845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO30631 COLORADO July 5, 1994 CASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, 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 approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. // We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. () Signe v.—. .a �1 ,� Agencyaiyyyyyraq�-514—C 7/ �. �- ` Date: Z-- EXHIBIT I JUL 1 .5 19944 12-1 ti5le $� y r -•,a,nlennina 940812 r t r a s g x I �, : Fr 4".;! r ' :Idle' r # ° i I { fr h� V4 {t`r r�i G x rx▪•�" (.' wB' ,,. r r—Tt {{ . ! i.d e�t w (: bw : : as0 'pf. W'� Ay�`ty 15"-).-I:5t J 15i �`�' ' 4 n t »enrj rI. e, ▪ �'r ' N t . i f$p}j��, t .Y Yd LY_!l '1 @m.Gv. S.. YS, �+ � d} +. TRX _ ;IIII� II! Hill 3 t�. ..na iI WY Y"'� M M f'"•k , k * ; P ' *r f ;srry "xq SLR' r ism r+ �} ,•� 4� �"s�par 4 � . �ii+ . L 'H (S 'Y C /r > iiii. r"Jr1 a'.e .1 ?Mr.Y,'. EXHIBIT ^ I I A 6 of 3 :71Lu.Yakl atl; Ib �ry,1TF y m n - ti.4.-u -e,6 g .:.: __ q [ I r Y �I m,llt, WI i IV r h lq lip ''IVt PLC, '•` ...MI . .r.. ( }•r F t.} • t • P T. •EXHIBIT EXHIBIT E 940812 $,I:17 u it. 404 E1nORanDum W I l D O To Weld County Planning Date July 17, 19-94 COLORADO from � TTc`or Ji--zitek, Supero avi, Env utaiTtuleuliuLt Setvia.e�a}t Subject: Case Nutubei . AM 1138 877 Name: C & M Lumpanies ((UU S2 of Section 08, Part of the N2, Section 17, part of the NE4 of Section 18, Part of the SE4 of Section 7, all in 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. The existing Emission Permit must be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall to handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the industrial limit of 8O dB(A) as measured according to 25-12-102, Color-ado Revised Statutes. 7. If applicable, the existing NPDES -Permit must be -amended for the increased operation if the State determines that such a modification represents a significant change in the discharge. 8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility -area in a manner that will prevent nuisance conditions. 9. The facility shall provide -adequate sewage disposal facilities in accordance with the Weld County Individual Sewage Disposal Regulations. 10. The facility must amend its stormwater discharge permit at the Colorado Department of Health, Water Quality Control Division. TJ/lam-2368 EXHIBIT JUL 1 5 1994 /S I /k052-r77 ,a r._,,.* oval12 ---;) d f .. NI re ', III 'f ARTMENT OF PLANNING SERVICES LI �1'f-� PHONE (303) 353-3345, EXT. 3540 r �� "Ll.J WELD COUNTY ADMINISTRATIVEOFFICES • ti \\ JUL 1 9 1 I 1400 N. 17TH AVENUE yT //�� GREELEY, COLORADO:0631 COLORADO erg ..•*1PIaI111119 July 5 , 1994 CASE NUMBER: AM nSR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel F-arms for a Site Specific Development Plan and en Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as -part of the S2 of Section 8, part of -the N2 of Section 17, part of the NE4 of Section 18, _part of the SE4 of Section 7, 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 approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 7.. We have reviewed this request and find that it does/dces 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: l,p /, . ._ ? 4 Agency: Div,s/fr" o/ /,/� LJje' 7 Date: /' /e. -57/1/ Iis EXHIBIT*O 940812 1 A u5' 477 • STATE OF COLORADO REFER TO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES �,��p DIVISION OF WILDLIFE d AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director J'j; ' 6060 Broadway pN OF`- Denver, Colorado 80216 Telephone: (303) 297-1192 For Wildlife— For People July 16, 1994 Mr. Greg Thompson Weld County Department of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 Dear Mr. Thompson: I appreciate the opportunity to comment on the C&M Companies development plan, Case number AM USR-877. A comment was provided to the Division of Minerals and Geology, please see the attached letter. I visited the site and it was also visited by the district Manager, Mark Cousins and the Region Environmental biologist, Don Bogart. The issues that I have, mirror the issues raised in the attached letter. Bald eagles use the area for resting and foraging during the fall and winter. I foresee this species being impacted if the mature trees in the area are disturbed or removed. If it is impossible to maintain these trees during the gravel operation, they should be replaced as soon as the operation would allow. Thank you for this opportunity to comment on this site plan. If I can be of any further assistance, please contact me at 833-3647. Sincerely, Danielle Hosler Wildlife Manager cc: Cousins Leonard DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Member • Eldon W. Cooper, Chairman • Felix Chavez, Member • Rebecca L. Frank, Member Louis F. Swift, Member• George VanDenBerg, Member• Larry M. Wright, Member•Thomas M. Eve, Member 940812 -ATE OF COLORADO REFER TO: Roy Romer, Governor �� DEPARTMENT OF NATURAL RESOURCES GOI-RR"i(lp DIVISION OF WILDLIFE y , ; - aAN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson,Director NORTHEAST REGIONAL OFFICE ✓per �V 6060 Broadway 317 West Prospect OF Denver,Colorado 80216 Fort Collins, Colorado 80526 For Wildlife- Telephone: (303)297-1192 (303)484-2836 For People June 30, 1994 Mr. Carl B. Mount Division of Minerals and Geology • 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: C&M Companies, Distel Farm Resource, Permit #M-89-029, AM-001 Dear Mr. Mount: This project has been reviewed and the site has been visited with Mr. Mark Cousins of our Longmont district. This amendment to the prior permitted area is primarily cultivated farm land, which after reclamation should not differ too much from its present value for wildlife. However, if the trees on the periphery of the area are removed, bald eagles will suffer a negative impact, as they use these for resting and foraging during the late fall and winter months. Any trees destroyed should be replaced. Sincerely, Don Bogart Environmental Biologist cc: Moss Cousins Leonard file DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director WILDLIFE COMMISSION,Thomas M. Eve-Chairman, Louis F. Swift-Vice Chairman, Arnold Salazar-Seeretary, Jesse Boyd-Member, Eldon W. Cooper-Member, Rrtier ca Frank-Member, William R. Hegberg-Member, Mark LeValley-Member. 940812 410(!' fr1E(T1O Lee Morrison, Assistant County Attorney July 21, 1994 To Dare COLORADO From Greg Thompson, Current Planner Lease agreement between City of Longmont and C&M society Companies for Amended USR-87/ and USR-1655. Please review the lease between the two parties and determine if a separate interest in the land is created. If it is, please determine the best course of action for the applicants, City of Longmont, and County. Should a Recorded Exemption be considered, a rewording of the lease into a license, no action, or? Please respond as soon as possible. Enclosure EXHIBIT pf 20 1 , 940812 07/18/94 14:18 e303 651 8590 CITY OF LGMT 613 002 Oct L0#0 eril-Ctra Met W DEPARTMENT OF COMMUNITY DEVELOPMENT , PLANNING DIVISION O Civic Center Complex / Longmont, CO 80501 COL 0 I 14,40 (303) 651-8330 / FAX# (303) 651-8696 July 18, 1994 Mr. Greg Thompson, Current Planner Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: CASE NUMBERS: USR-1055 and AM USR-877 Dear Greg: Thank you very much for sending the Schell Pit and Distel Farm Resource applications for use by special review to the City of Longmont for our review and comment. The sites are located south of the City of Longmont's landfill and west of Boulder Creek. Distel Farm Resource is C & M Companies' amendment to an existing special usepermit. The Schell Pit is Twin Peak Excavating's application for a use by special review. Since these applications are interrelated, I am commenting on both in one letter. The applicants propose to use a portion of the City's landfill for access so that sand and gravel mined from the Schell Pit can be transported to the existing processing plant on Distel Farm Resource. I have enclosed for your information the lease, the adopting ordinance, and the pertinent sections of City Council's minutes. The application for the Schell Pit says that mining may take from 2 to 5 years. However,the term of the lease for access across the City's property is two years with an option to negotiate a renewal for an additional two years. If you have any questions about this referral response,please call either Froda Greenberg or me at 651-8330. Thank you again for the opportunity to comment on this application. Sincerely, 1Mm Planning Director xc: Phil Del Vecchio, Community Development Director (w/o attachments) Tim Lucas, Sanitation Superintendent (w/o attachments) File: #2050-17b, #2050-8d1 JUL 18 ' 94 14: 15 303 651 8590 PAGE . 002 940812 07/18/94 14:19 $303 651 8590 CITY OF LGMT 003 C &OF APPORTION OF THE CITY OF ADY MIX CNCRETE COMPANY OF BOULDER LEASE LONGMONT LANDFILL THIS LEASE is entered into this MAY , 1994, by and between the City of Longmont,Colorado,a municipal corporation,408 Third Avenue,Longmont, Colorado 80501, hereinafter called the "City," and C & M Ready Mix Concrete Company of Boulder, a Colorado corporation, 7916 Niwot Road. P.O. Box 490, Niwot, Colorado 80544, hereinafter called the "Lessee." THE PARTIES' RECITALS are as follows: The City is owner of lands in the County of Weld, State of Colorado, described and depicted as Parcel A and Parcel D on Attachment A; and The Lessee is the owner of land in the County of Weld, State of Colorado,described and depicted as Parcel B on Attachment A; and The Lessee has a mining lease agreement with the landowner south of Parcel D, in the County of Weld, State of Colorado, described and depicted as Parcel C on Attachment A; and The Lessee desires to lease Parcel D from the City for transporting of sand and gravel it will mine from Parcel C to Parcel B for processing and sale. IN CONSIDERATION of the recitals,mutual promises,payments,covenants,warranties, and agreements herein,and for other good and valuable consideration,the receipt and sufficiency of which the parties acknowledge, the patties covenant and agree as follows: • 1 Land Parcel The City leases unto the Lessee, upon the terms and conditions herein, the real property described and depicted as Parcel D on Attachment A,consisting of seven(7)acres, more or less, hereinafter called the "Premises." 2 Authorized Use 2.1 The Lessee may use and occupy the Premises for the following purposes: 2.1.1 Ingress and egress by the Lessee for hauling by truck or carrying by conveyor the sand and gravel it mines from Parcel C to Parcel B; and —2.1.2 Construction and maintenance of a road surface for ingress and egress by the Lessee for hauling by truck the sand and gravel it mines from Parcel C to Parcel B; JUL 18 ' 94 14: 16 303 651 8590 PAGE . 003 • 940812 07/18/94 14:20 e303 651 8590 CITY OF LGMT tg 004 2.1.3 Construction, use and maintenance of a conveyor system for transporting the sand and gravel it mines from Parcel C to Parcel B. 2.2 Before constructing any improvements on the Premises, the Lessee shall submit a plot plan, as-defined in Section 18.08.270, Longmont Municipal Code, for review and final approval by the City, and satisfy all applicable terms and conditions of this I nar. 23 The Lessee shall have no right toutilize the Premises other than as stated in this Article 2. 3 Term and Option 3.1 The City leases the Premises unto the Lessee for two (2) years, commencing on the date in the preamble. The Lessee has an option to negotiate with the City for the renewal of the Lease for an additional two (2)years. The Lessee shall notifythe City not less than sixty (60) days before the expiration of the Lease if the Lessee desires to exercise this option. If the parties do not agree upon terms and conditions for renewal thirty(30) days before the expiration of the Lease, the option to negotiate shall expire without further notice, and the Lessee shall remove all of its improvements from the Premises before expiration of the Lease. 4 Rate and Manner of Payment 4.1 For lease of the Premises the Lessee shall pay annually, in advance, to the City a sum of$1,000.00. 5 Construction and improvement 5.1 Before beginning construction of any improvements on the Premises, the Lessee shall: 5.1.1 Submit plans for all improvements for review according to paragraph 2,2 of this Lease; and 5.1.2 Comply with all applicable rules and regulations of Weld County and any other governmental entity having jurisdiction over the Premises or the Lessee's operations; and 5.1.3 Construct all improvements in a good and workmanlike manner according to the applicable codes, rules and regulations of Weld County, the City and any other governmental entity having jurisdiction over the Premises or the Lessee's operations; and 5.1.4 Furnish the City with an acceptable financial guarantee before commencing construction in an amount equal to 25 percent of the total cost of construction of the 2 JUL 18 ' 94 14: 17 303 651 8590 PRGE . 004 940812 07/18/94 14:21 e303 651 8590 CITY OF LGMT 9005 improvements. If the Lessee fails to remove its improvements and restore the Premises to the condition existing immediately before the term of this Lease, the City may apply this financial guarantee toward the City's costs of doing so. 6 Maintenance Obligations 6.1 The Lessee, at its expense, shall maintain all improvements it constructs on the Premises in a safe, sanitary, orderly, and sightly condition, and in good repair. 6.2 The Lessee shall be responsible for the cost of mitigating and cleaning up of any environmental contamination of the Premises, or improvements thereon, caused by the Lessee, its employees, invitees, subcontractors or agents. 7 §jgun 7.1 The Lessee shall not erect or maintain any signs on the Premises without the prior written consent of the City and Weld County. 8 Reservation of Right of Access and Use 8.1 The City reserves and retains for its officers, employees and representatives the right to enter and inspect or protect the Premises during reasonable business hours, and at any • time there is an emergency. 8.2 The City reserves and retains the right to use, repair, install,replace and maintain public utilities and rights-of-way on, over or under the Premises. 9 Indemnification 9.1 The Lessee assumes the risk of loss or damage to any improvements on the Premises, whether from windstorm, fire, earthquake, snow,water run-off, soil conditions, or any _other causes whatsoever. 9.2 The Lessee warrants, covenants and agrees that it shall indemnify and save harmless the City,during and after the term of this Lease,from all demands,claims,costs,causes of action or judgments, and from all expenses and attorneys' fees that the City may incur in investigating or resisting the same, arising from or out of any negligence or nonperformance of a term, condition, warranty, covenant, or work by the Lessee, or the Lessee's contractors, subcontractors, agents, members, stockholders, employees, invitees, successors or assigns. 3 JUL 18 ' 94 14: 18 D03 651 8590 PAGE . 005 940812 07/18/94 14:21 $503 851 8590 CITY OF LGMT U006 10 Hazardous Materials 10.1 For this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any federal, state, political • subdivision or local government entity or agency. The term "Hazardous Material" includes, without limitation, any material or substance that is (i)defined as a"hazardous substance" under Colorado law, (ii) petroleum, (iii) asbestos, (iv)designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6903), (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601), or(vii)defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. § 6991). 10.2 The Lessee shall not cause or permit the use, storage,placement or release of any Hazardous Material on or about the Premises by the Lessee, its agents, employees, contractors, subcontractors or invitees, without the prior written consent of the City. If the Lessee breaches an obligation of the preceding sentence, then the Lessee shall indemnify, defend and hold the City harmless from all claims, judgments, damages, penalties, fines, costs. liabilities or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of the Premises or of any amenity of the Premises, sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees) whicharise during or after the lease term as a result of such contamination. This indemnification of the City by the Lessee includes, without limitation, all costs the City incurs with any investigation of site conditions or any cleanup, remedial, removal, or restoration work any federal, state, political subdivision, or local government entity or agency requires because of Hazardous Material present in the soil or groundwater on or under the Premises. Without limiting the above, if the Lessee permits the presence of any Hazardous Material that results in any contamination of the Premises,the Lessee shall promptly take all actions, at its sole expense, necessary to return the Premises to the condition existing before the introduction of any such Hazardous Material; however, the Lessee • shall request and obtain approval from the City before implementing any remedial actions on the Premises. 11 Insurance Provisions 11.1 Before performance under this Lease, the Lessee must present all applicable insurance policies, certificates of insurance, and endorsements, along with a signed copy of this Lease,to the City of Longmont's Risk Manager,and receive the Risk Manager's written approval as to adequacy of insurance coverage. The address of the City of Longmont's Risk Manager is 350 Kimbark Street, Longmont, Colorado 80501. 11.2 The Lessee shall purchase and maintain for the full period of this Lease, including any additional option period, at the Lessee's sole expense, insurance policies providing coverage as follows: — 4 • JUL 18 ' 94 14: 19 303 651 8590 PRGE; . 006 940812 07/18/94 14:22 $303 651 8590 CITY OF LGMT 12 007 11.2.1 Commercial general liability occurrence form coverage for personal injury, bodily injury and property damage—which shall include explosion and collapse, underground hazard, products/completed operations, contractual liability, broad form property damage, and owners/contractor's protective coverage--with minimum coverage of not less than the maximum amount that may be recovered against the City under the Colorado Governmental Immunity Act for (a) any injury to one person in any single occurrence (currently$150,000.00), and (b) any injury to two or more persons in any single occurrence (currently $600,000.00); 11.2.2 Automobile liability insurance coverage, comprehensive form, with minimum coverage for owned, hired and non-owned automobiles of not less than the maximum amount that may be recovered against the City under the Colorado Governmental Immunity Act for (a) any injury to one person in any single occurrence (currently $150,000.00), and (b) any injury to two or more persons in any single occurrence (currently $600,000.00); 11.2.3 Workers' compensation insurance as required by Colorado statute; 11.2.4 Employer's liability insurance with minimum coverage of$1,000,000.00 per occurrence; and 11.2.5 Builder's risk liability insurance with minimum aggregate coverage in the amount of the value of all improvements the Lessee anticipates constructing on the Premises. 11.3 The insurance policies shall contain an endorsement naming the City of Longmont, Colorado, a municipal corporation, its council members, officers, agents, employees and volunteers, as additional insured parties with respect to all activities the Lessee may perform under this Lease,and shall include a notice provision requiring 30 days written notice to the City before cancellation. 11.4 Only insurance companies with authority to issue policies in Colorado shall provide insurance coverage under this Lease. 11.5 For the term of this Lease, the Lessee shall not cancel, materially change, or fail to renew the insurance coverage, and agrees to notify the City of Longmont's Risk Manager of any material reduction or exhaustion of aggregate policy limits. If the Lessee fails to purchase or maintain the insurance coverage set forth in this Lease,the City shall have the right to procure such insurance coverage at the Lessee's expense. 11.6 Nothing in this Article 11 shall limit the extent of the Lessee's responsibility for payment of claims,liabilities,damages, fines, penalties, and costs resulting from its performance or nonperformance under this Lease. 5 • JUL 18 ' 94 14 : 20 303 651 8590 PAGE . 007 340812 07/18/94 14:23 $303 651 8590 CITY OF LGMT JZ]008 12 Surrender and Removal of Improvements 12.1 The Lessee shall own any improvements it constructs on the Premises, and may at any time remove them during the term of this Lease. 12.2 The Lessee covenants and warrants that on expiration,termination or cancellation of the Lease, it will remove all of its improvements, and restore the Premises to the condition existing immediately before the term of this Lease, and peacefully quit and surrender possession. 12.3 The City shall have the right on expiration, termination or cancellation of the Lease to enter upon and take possession of the Premises without liability for trespass. Should the Lessee hold over or continue to occupy the Premises on expiration, termination or cancellation of this Lease, at the City's option, such holding over may be deemed-merely a tenancy for successive monthly terms upon the same conditions as otherwise provided in this Lease. 13 Breach or Abandonment 13.1 At the City's option, it shall be a breach of this Lease if the Lessee fails to pay a lease payment when due, or defaults in performance of any term, condition, covenant or warranty. If the City chooses to declare a breach of this Lease, it shall give the Lessee ten (10) days written notice requiring payment or compliance with the term or other provision. If the Lessee does not cowed the breach after ten (10)days written notice, the City, at its sole option, may declare an end to the Lease term, repossess the Premises, expel the Lessee, and remove the Lessee's improvements, all without liability for trespass or for damage or loss to the improvements or the Lessee's operations, and without prejudice to any other remedies available to the City. 13.2 Upon breach of any term or provision of this Lease, the Lessee shall be liable for and pay to the City all of the City's costs and attorneys' fees to enforce the term or provision. 14 Notice 14.1 Each party shall give the other any written notice by certified mail, return receipt requested, at the address in the preamble. When so given, the date of notice shall be effective from the date of the mailing receipt. The Lessee shall notify the City of any change of address. 15 Miscellaneous 15.1 The Lessee may request the City, as owner of the Premises, to sign mining and environmental permit applications. The City Manager, or his designee, shall have the authority to review and execute such permit applications on behalf of the City, as required by law, and if 6 JUL 18 ' 94 14: 21 303 651 8590 PAGE . 008 940812 07/18/94 14:24 ' '303 651 8590 CITY OF LGMT - J009 in accordance with the authorized uses in Section 2 of this Lease, and applicable laws, rules, charters, ordinances and regulations, as now exist or are later enacted or amended, of the City, and all county, state and federal entities having jurisdiction over the Premises or the Lessee's operations. 15.2 No waiver of default by the City of any of the terms, covenants, warranties or conditions hereof to be performed, kept or observed by the Lessee shall be construed as, or operate as, a waiver by the City of any of the terms, covenants, warranties or conditions herein contained, to be performed, kept or observed by the Lessee. 15.3 The City makes no warranties as to the condition of the Premises or its suitability for use for a particular purpose. The Lessee agrees that the City shall be under no obligation to maintain the Premises in a particular condition or for a particular use. 15.4 Article and section headings shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this Lease. 15.5 The provisions of this Lease shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. 15.6 The Lessee shall perform its obligations under this Lease in strict compliance with all applicable laws, rules, charters, ordinances and regulations,as now exist or are later enacted or amended, of the City, and all county, state and federal entities having jurisdiction over the ?remises or the Lessee's operations. 15.7 No representations, warranties or certifications, express or implied, shall exist as between the parties, except as specifically set forth in this Lease. 15.8 None of the terms, conditions or covenants in this Lease shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the City or the Lessee receiving services or benefits under this Lease shall be only an incidental beneficiary. 15.9 The Lessee may not sublet or assign any interest in this Lease or the Premises without prior written consent by the City. 15.10 This Lease is an integration of the entire understanding of the parties with respect to the matters set forth herein. The parties shall only amend this Lease in writing with the proper official signatures attached thereto. 15.11 Invalidation of any specific provisions of this Lease shall not affect the validity of any other provision of this Lease. 7 JUL 18 ' 94 14: 21 303 651 8590 PAGE . 009 240812 07/18/94 14:25 '303 651 8590 CITY OF LGMT 70010 15.12 This Lease shall be governed and construed according to the laws of-the State of Colorado. 15.13 The Lessee acknowledges this Lease will be recorded with the Weld County Clerk & Recorder, and-agrees to defray the recording costs in the amount of$5.00 per page. 15.14 This Lease shall extend to and be binding upon the heirs,successors and permitted assigns of the parties. EXECUTED the day and year first above written. • CITY OF LONGMONT, a municipal corporation Mayor Attest: Ay L0N�rdr©.14 U Clerk COLOR, APPROVED AS TO FORM: APPROVED AS TO CONTENT: (AeAitiuZz Dep y City A Director of Community Development APPROVED AS TO INSURANCE PROVISIONS: Risk Manag 8 JUL 10 ' 94 14: 22 303 651 0590 PAGE . 010 240812 07/18/94 14:26 $509 651 8590 CITY OF LGMT a 011 C & M READY MIX CONCRETE COMPANY OF BOULDER, a Colorado corporation faiaP (/0C tPresident Attest Secretary STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) , foregoing ase was acknowledged before me this/?_day of O , 1994, by 4o2-cjC j �6 C+ as president of C & M Ready Mix Concrete Company of Boulder, a Col orporation, on behalf of the corporation. ( Witness my hand and official l seal: /it; 4.,�U,,•_0, .� 1 Q 9� ,GAE OFAU ! My Commission expires: ct,c-o-C yn { Notary Public ` CA nit 1424 4/694 9 • JUL 18 '94 14:22 303 651 8590 PRGE . 011 940812 07/18/94 14:26 $303 651 8590 CITY OF LGMT Ta012 ATTACHMENT A, \ Midwest �° • II<92% \ STATE HIGHWAY 119 . .Childrcns Home _ . __ • — • ...... . `T- = r :, ,rte:, " „. . ,, '• 1 II >: LANDFILL ' U Y sx"°w PARCEL A ;3 ., ,�' n xx `CITY PROPERTY .1 ! /111 41 "u4 s raY:S' * ayE. , § $'1.. .:.4; ' . ? • ,:•<;,&,• .-•-•:zw• ••,:-• -•.• v 6A ) . a � x is`tx.r .•, xt . • 4 ccat, \....„:„ .„.....„,....,,:,,,.....,,.,,‘„,,K.:,,,.:....,, • --0"..,.....,:::.,,,,,,,,.;::.,:,,,,,e,•,..,,,,..... ", ic... . ......„:,.,.:..,„,,,,„,......„„..,„,,,,,,,fr. r. • ::::;,... ,...,,:„..,,,„,,,,,,,,„:,,,,,,„„,„„:„„,,,4,,,... , .\ o{ :4• Sf ..gs. hnt t >.,.. . . •-.... 'L M. .2Q4CSV'i'� Jr 1' �+.+a'rx, jy ,, • E •t ; 7 y C X ST. CggER • n' x s3 xo $A r v k z <T V IN R_ &1t? r 3xaa' - ,x r V s • {� add Jo C '.:f:' i x:3. w )�,..., `X �9� s=;PARCEL B - _. • ar x x' ; �Nt* Y;COMPANY PROPERTY '"_;.- 3 , " �' 1. ` - - - •--- -.::r►--. . PARCEL D .'••Y ." #.;:t::z., �r _ _a8 LEASE PROPERTY " �• 114 :r M - _91 5 ' Ps). Q_. II T 1 PARCEL C II y I 1;$ %COMPANY II Z. il , " LEASED It II I, PROPERTY ii • a i 11 4900. II• Jessum• ./ II 489 a _;�_` 4892 ;1 I,e BM LOCATION MAP 0 a IMI OOUVIPlQbUG'iNn UU fl • • DATE: I-17-94 Yutii•Applegate,lnc "1000' �'. e�.w.x.wr Lwa 1irw+•r Wane a.rwr..1JOB NO.: 92-214C SCALE:E: 1 wwvrntmnI.I,r•� DRAWN BY: KM HEET: 9 OF: y..... W W nmr..:w.err.N ••r ooeM+:-•n• NECKED BY: GT JUL 18 ' 94 14:24 303 651 8590 PAGE . 012 940812 07/15/94 14:28 A2303 651 8590 CITY OF LGMT O 013 1 ORDINANCE 0-94- 26 2 3 A BILL FOR AN ORDINANCE AUTHORIZING THE LEASE OF PROPERTY AT THE 4 LONGMONT LANDFILL TO C &M READY MIX CONCRETE COMPANY OF BOULDER 5 '7 WHEREAS,Colorado Revised Statutes, § 31-15-713(1Xc),requires that the City Council I approve by ordinance any lease of municipal real estate for a period of more than one year, and 9 make a finding that the lease is in the best interests of the City of Longmont; and 10 11 WHEREAS, the City is owner of lands in the County of Weld, State of Colorado, 12 described and depicted as Parcel A and Parcel Don Attachment A; and 13 14 WHEREAS, C& M Ready Mix Concrete Company of Boulder, a Colorado corporation, 15 is the owner of land in the County of Weld, State of Colorado, described and depicted as Parcel 16 Bon Attachment A; and 17 18 WHEREAS, C & M Ready Mix Concrete Company of Boulder has a mining lease 19 agreement with the landowner south of Parcel D. in the County of Weld, State of Colorado, 20 described and depicted as Parcel C on Attachment A; and 21 22 WHEREAS, C &M Ready Mix Concrete Company of Boulder desires to lease Parcel D 23 for the purpose of transporting sand and gravel from Parcel C to Parcel B; and • JUL 18 ' 94 14: 24 303 651 8590 PRGE . 013 940812 07/18/94 14:28 t'303 651 -8590 CITY OF LGMT 0 014 Ordinanu 0-94- April 11, 1994 -Page 2 1 WHEREAS,the Council finds that the lease of Parcel D to C &M Ready Mix Concrete 2 Company of Boulder will provide additional revenue, and is in the best interests of the City of 3 Longmont. 4 5 NOW THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT,COLORADO, b ORDAINS: 7 -8 Section 9 10 Good faith negotiations have produced a proposed lease agreement between C&M Ready 11 Mix Concrete Company of Boulder, as lessee, and the City of Longmont,as lessor, signed and 12 acknowledged by the lessee on April 11, 1994, for the lease of Parcel D, as depicted on 13 Attachment A, for a period of two years, at an annual sum of$1,000.00, payable in advance to 14 the City, and other good and valuable consideration. 15 16 Section 2 17 1-8 The City Council authorizes and directs the Mayor to sign the lease agreement with 19 C &M Ready Mix Concrete Company of Boulder for the lease of Parcel D at the City's landfill, 20 as depicted on Attachment A. 21 JUL 18 ' 94 14: 25 303 651 8590 PAGE . 014 940812 07/18/94 14:29 12303 651 8590 CITY OF LGMT 0 015 Ordinance 0-94- April 11, 1994 Page 3 1 Section 3 2 3 The City Council hereby repeals all ordinances or parts of ordinances in conflict with this 4 ordinance, but only to the extent of such conflict 5 6 Introduced this .Q&1%y of PrPR IL. , 1994. 7 8 Passed and adopted this&day of ik.k.A.xi 1994. 9 10 A 11 67SO-siert-,12 MAYOR 13 14 `I LOMMi 1 4 O 16 ATTEST: 0 C 1--3 17 O �>� 18 C0bo-a 19 21 CITY CLERK 22 .JUL 18 ' 94 14: 25 303 651 8580 PAGE . 015 240812 07/18/94 14:29 $303 651 8590 CITY OF LGMT W016 Ordinance 0-94- April II, 1994 Page 4 1 2 NOTICE: PUBLIC HEARING ON THE ABOVE ORDNANCE WILL BE HELD ON THE 3 1D" DAY OF MIAcY , 1994, IN COUNCIL CHAMBER AT 7:00 P.M. 4 s 6 APPROVED AS TO FORM: 7 8 .),C9 r _at2y� 10 DEPUTY CITY ATTORNEY 11 12 CA file: 1424 13 April 11, 1994 14 • JUL 18 ' 94 14: 26 303 651 8590 PRGE . 01-6 940812 07/18/94 14:30 $•303 651 8590 CITY OF LGMT ATTACHME�T7A.ItiChild►Cns Home STATE HIGHWAY 119 : 492/ ti. nil _ -� • .1 I ala "' ' .. . : . ' 1 II ;LANDFZLL » 4i a -^"PARCEL A '. j • 1`�1% �I .. '�'` CITY PROPERTY' , �.• ' I J 6.,, ii i• > Y w fti six 'ewat< � 47 ST. CREEX r,� era rips) °Rr•x -.• _. .. J .. I w GP ►_ 4;COMPANY PROPERTY•`"-:' C `= -=' ?:•-A - 11•.00. .7'O *'�; - `9 'o•,y_►- 't ' . PARCEL. D ' .h�• -"--_ LEASE PROPERTY .fO = -,.`ate -::--„, ‘•SkN ry I ' ' ' PARCEL C II q Fla i!COMPANY LEASED n li •.: i, PROPERTY ii 4901?` p• . 1 • h II ., 11 Jessum - j II -�- 4892 ll B1N LOCATION MAP lg a Ml facr:I LPL RITZ !@3n UCIGo • • TYttl�A I• af• OATE: 1-17-94 SCALE: 1"-1000 ' ## PP 9 . - l`; t. ra n as vetDarw... JOB NO.: 92-214 n•oa.•11a..u11«••1 DRAWN BY: RN "--•F'-"s 110"1 SHEET: OF: 0•n•u-w /..0011•.11.1.•• HECKED BY: GT JUL 18 ' 94 14: 27 303 651 8590 PRGE . 017 07/18/94 14:31 Z'303 651 8590 CITY OF LGMT Viols • City Council Proceedings--May 10, 1994 Page 4 Gordon Fedrow, ity Manager, read the title of the ordinance into the record. He noted that this o finance represents a reassignment of existing hangar leases at the airport. Mayor Stoecker removed erself from discussion and vote on this item -due to a .conflict of interest. Mayoem Caldwell opened a public hearing on this to address Council o this ordinance. There issue, the public hearing was closed. one present no Councilmember McCoy moved, seconde by Burkhardt, to adopt Ordinance 0-94-25 on second reading. Motion carried: 6-0 Stoecker abstaining). T B. _ORDINANCE 0-94-26, PUBLIC HEARING AND SECOND READING OF A BILL FOR AN ORDINANCE AUTHORIZING THE LEASE OF PROPERTY AT THE LONGMONT LANDFILL TO C a M READY MIX CONCRETE COMPANY OF BOULDER -Gordon Pedrow, City Manager, read the title of the ordinance into the record. He -noted tht landfill ato this C & M for two e years. rBecause the lease s is across morie than one ty property at the year, an ordinance is required. Mayor Stoecker opened a public hearing on this item. There being no one present to speak on this issue, the public hearing was closed. Councilmember Burkhardt moved, seconded by McCoy, to adopt Ordinance 0-94-26 on second reading. Motion carried: 7-0. 8. ITEMS REMOV FROM CONSENT AGENDA T A. -ORDINANCE ORDINANCE AMA N GTITLE02,, CHAPTER INRDUCTION R2.20,D 1S READING SECTION 20.071(C), LONGMONT 1' JNICIPAL CODE, REGARDING ALCOHOL PERMITS AT UNION RESERVOIR Responding to Councilmember Bur ardt'squestion regarding terminology, Clay Douglas, City Attorney, indicated that ermented malt beverage is the technical legal terminology to cover 3.2 beer. Councilmember Burkhardt indicated t t the policy which accompaniesusing ordinance dth nance refers to "alcohol" consumption and it should be more specific "fermented malt beverage" language use in the ordinance. He specifically called staff's attention to Item 6 of the regu tion. Councilmember Doering indicated that he un erstands staff's desire to eliminate the 14-day waiting period but he _does not agre with the procedure outlined. He asked for clarification from staff as to why, this range is being requested. Mr. Bessler indicated that the change is reque ted as a practical matter for staff. It is staff's belief that there is a substantial umber of people who currently drink beer at the reservoir not in accordance with e regulations. He noted that if JUL 18 ' 94 14: 28 303 651 8590 PAGE . 018 940812 ENT /F ANT OF . ° DEPARTMENT OF THE ARMY "\\ I/ fie+ CORPS OF ENGINEERS,OMAHA DISTRICT a � �plaf w ,, TRI-LAKES PROJECT OFFICE.9307 STATE HWY 1 21 �� 50s 7.4j _LITTLETON,COLORADO 80123-6901 I Tq:p\ ,.. /" � �` �e July 20, 1994 ' s/firs of PM' REPLY TO �1M/FMOHN�`O ATTENTION OF Mr. Greg Thompson Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80531 Dear Mr.Thompson: Reference is made to your case number AM USR-877 regarding C & M Companies - Distel Farms. This project is located in Sections 8, 17, 18& 7, Township 2 North, Range 68 West, Weld County, Colorado. Prior to any work at this site, the-property should be examined for wetlands pursuant to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped. This office should be contacted for proper Department of the Army permits prior to any work in an existing wetlands. Please find the attached list of Environmental Consultants who may assist in the wetland delineation and mapping. 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 #199380795. Sincerely, Tim y T Carey Project Manager Enclosure 5v �1 M- - `' JUL 2 1994 -,- :.M.'laawinn gIi i EX lyI I " Y1' ' 7 940812 4/ 9 -Soo N i11►615Seig5 trit ‘,1' <I csoz50 _Lc \, DEPARTMENT OF PLANNINGSERVICES PHONE (303)353-?.845. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES e 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 5, 1994 CASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R68W of the 6th Y.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 4 ttst 3. t ••`v We have reviewed the request and find no conflicts with our interests. 4. ' A formal recommendation is under consideration and will he submitted to you prior to: 5. 7L., Please refer to the enclosed letter. Signed:—�Q 11 p Mc-yya., Agency: COhpS C/v6“ AJEEQS Date: .Z-1-)\y \ 01 \sql_ • 940912 ENVIRONMENTAL COr'"'ULTANTS - This list is not compiler' I endorse any specific consultant PEGGY ANDERSON-GOGUEN JEIt'LREY L.DAWSON 420 Sunset Street Project Scientist Longmont, CO 80501 Woodward-Clyde Consultants (303) 776-4636 Stanford Place 3, Suite 1000 4852 S. Ulster Street Parkway SAMUEL A. BAMBERG, PhD Denver, CO 80237 R A Consultants (303) 694-2770 26050 E. Jamison Cir. Telex 501285 (Woodward DVR) Aurora, CO 80016 (303) 690-7402 STEVEN DOUGHERTY ERO Resources Corporation TED BOSS 1740 High Street 308 Milkyway Denver, CO 80218 Fort Collins, CO 80525 (303) 320-4400 (303)223-5145 FAX (303) 320-4491 DAVID L. BUCKNER SCOTT ELLIS $c PHILI3ACKNEY PATRICK H. MURPHY ENSR ESCO Associates 1716 Health Parkway P.D. Box 18775 Fort Collins, CO 80524 Boulder, CO 80308 (303) 493-8878 (303) 447-2999 LOREN HETTINGER, PhD _JANE BUNIN, PhD Dames & Moore Natural Science Associates 1125 Seventeenth St., Suite 1200 3010 Regis Avenue Denver, CO 80202-2027 Boulder, CO 80303 (303) 294-9100 (303) 499-5014 DAVID JOHNSON KATHLEEN COHAN Western Resource Development Resource Consultants & Engrs. Inc. 711 Walnut Street P.O. Box 270460 Boulder, CO 80302 Fort Collins, CO 80527 (303) 449-9009 (303) 223-5556 STEVE JOHNSON DAVID COOPER Riverside Technology, inc. Department of Environmental Sciences 2821 Remmington Street Colorado School of Mines Fort Collins, CO 80525 Golden, CO 80401 (303) 223-2944 (303) 499-6441 FAX (303) 223-2955 DONALD R. D'AMICO DEBORAH KEAMMERER 5935 Baseline Road Stoecker-Keammerer & Associates Boulder, CO 80303 Ecological Consultants (303) 4947959 5858 Woodbourne Hollow Road Boulder, CO 80301 (303)530-1783 940812 DENISE LARSON RANDY r `-IROEDER Ecological Consultants Greystone L-evelopment Consultants 1975 South Sherman Street 5990 Greenwood Plaza Boulevard Denver, CO 80210 Suite 250 (303) 733-4338 Englewood, CO 80111 (303) 850-0930 STEPHEN G. LONG STEVE VIERT PETER SMITH Cedar Creek Associates, Inc. Stoneman Landers, Inc. 916 Willshire Avenue 11480 Cherokee Street, #L Fort Collins, CO 80525 Denver, CO 80030 (303) 493-4394 Home: 493-1893 (303) 280-0048 JANICE MCKEE PETER SWIFT Wetland Ecology & Associates Swift & Associates 5745 Arrowhead 709 3rd Avenue Greeley, CO 80634 Longmont, CO 80501 (303) 850-0930 (303) 772-7052 DAVID MEHAN BRUCE D. SNYDER Wright Water Engineers Engineering-Science, Inc. 2490 W. 26th Avenue 1700 Broadway, Suite 900 Suite 100A Denver, CO 80290 Denver, CO 80211 (303) 831-8100 (303) 480-1700 MIKE STANTON JOSE-MARIA MERINO, PhD Quaternary Environmental Consulting DARCY A. TIGLAS, Ecologist 1210 South Park Drive engineering-environmental Management, Monument, CO 80132 Inc. (e2M) (719) 488-2769 350 Indiana Street, Suite 415 Golden, CO 80401 GARY TUTTLE (303) 278-0229 Tuttle Applegate, Inc. 11990 Grant Street, Suite #410 ERIK OLGEIRSON, PhD Denver, CO 80233 4440 Tule Lake Drive (303)452-6611 Littleton, CO 80123 (303) 347-8212 LAURANNE RINK Aquatic & Wetland Consultants Aquatic & Wetland Construction Company Siena Square 2060 Broadway, Suite 255 Boulder, CO 80302 (303) 442-5770 FAX (303) 442-8133 MICHAEL S. SAVAGE Savage and Savage 464 West Sumac Ct. Louisville, CO 80027 (303) 666-7372 FAX (303) 665-6808 940812 rt Itt 440\011' DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 -- lig WELD COUNTY ADMINISTRATIVE OFFICES ® 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 e COLORADO July 5, 1994 CASE NUMBER: AM USR-877 ( TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, R68W of the 6th P.M. , Weld County, Colorado. The location o₹ the parcel of land for which this application has been submitted is approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. / 1. 1/ We have reviewed this request and find that it 10e.. S 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: k /1/ rive,* Ran Date: 7-2©- Q EXHIBIT `�I_ JUL 2 1994 ?P'"' _a.,olanninr d4- s1 940812 (� __ it r -.,rnq talit\I!1' DEPARTMENT OF PLANNING SERVICES 111 - * PHONE (303) 353-3845, EXT. 3540 \ ,.. _.� IV_E WELD COUNTY ADMINISTRATIVE OFFICES i V 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 � CO ADO 11 Welcotadi inning July 5, 1994 CASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland -_Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the S2 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, all in T2N, RbSW of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. This application is submitted to you for review and recommendation. Any comments Dr 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 July -19, 1994 so that we may give full consideration to your recommendation. -Please call Greg Thompson, Current -Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. • 2. _ We do not have a Compfehensive 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. P1 se eftlr to the enclosed letter. Signed: �Le✓\ Agency: CC vLJ(: Date: —7/ s/ 1 _EXHIBITI ft2 1 I U5,e-877 949812 £HL< KtB . __ :0Uo-8bb-3589 Jul 28 94 15110 No .014 P .02 STATE OF COLORADO OFFICEDF THE STATE ENGINEER Division of Water Resources Department of Natural Resources • 1313 Sherman Street, mm Denver,Colorado 80203 �yt Phone(303)866-3581 TAX(403)$66-3589 July 28,1994 RoyRomer Governor Mr. Greg Thompson, Planner Eax EM11 S.xecutive Directctaorr Weld County Dept. of Planning Services 44d D.Simpson 1400 N. 17TH Ave. a""`na` Greeley, CO 80631 Re: Distel Farms Quarry, C & M Companies, AM USR-877 M-89-O29 Sec.-7, 17,$t 1-8, T2N,R68W,6TH PM W. Division 1, W. District 5 Dear Mr. Thompson: -We -have reviewed the above-referenced application to add 132.95 acres to an original permit for a gravel mining operation. The mining operation is expected to have 12 employees. An-estimated maximum of 400,000 tons of raw material will be excavated per year. Mutual water use during mining operations for dust control, processing and product content, and evaporation from exposed ground water is estimated at 21.6 acre feet. The applicants propose two lined ponds with a total surface area of 34.31 acres as the reclamation option. The applicant has well permit No. 042746-F, for the existing pit and have submitted a proposed substitute supply plan to replace stream depletions. As long as the consumptive use of water does not exceed the 21.58 acre feet permitted and the total area of ground water ponds does not exceed 2.1 acres, a new well permit will not be required. We have no objection to preliminary approval,however we recommend that final approval be withheld until the substitute supply plan is approved by the. State Engineer. If you have any questions in this matter, please contact me. Sincerely, \ 1147SAA1 SCLAIL John Schurer, P.E. Senior Water Resource Engineer .IS/distil cc: Man Berryman, Division Engineer Water Supply Branch Pits File )1 JUL 2 9 1994 asr ei c catty Planning SUL 28 'B4 1449 303 B66 3589 4 41 U5re -877 vui - 41;Ili l;---..\\\ 1:1 lel DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES O� 1400 N. 17TH AVENUE ' GREELEY, COLORADO 80631 µ .. COLORADO July 5, 1994 CASE NUMBER: AM USR-877 TO WHOM IT MAY CONCERN: Enclosed is an application from C & M Companies, c/o Jim McFarland - Distel Farms for a Site Specific Development Plan and an Amended Special Review permit for a dewatered sand and gravel mine and materials processing facility. The parcel of land is described as part of the 52 of Section 8, part of the N2 of Section 17, part of the NE4 of Section 18, part of the SE4 of Section 7, 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 approximately 1/2 mile north of Weld County Road 20 1/2 and approximately 1 1/2 miles east of Weld County Road 1. 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 July 19, 1994 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 7.. 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.__k_ 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: S. Ple se re to the enclosed letter. Signed: �/1�< Agency: // (i �Sl}•!,: < / r �tr}iLrF! £YVt Date: 7h?2/�ZL./ r 1994 1. AUG O c = _EXHIBIT # L S Wnkl County Planning o5/1-s77 940812 ••f.. SO• Y.� i tat i s I' L �_, '• , X-s-; i r ,II II `1 '4 t .1, u. • l'' : VA v. -.3‘...•;•-•-‘.:* t .' ..t by �. y�^J•.-'`r j( l� t� • P 4:70"-- ,-„ . AY o1.Y. I� is% . 1 Ift•-• ! .E' i 37'5'144: � h,..derF V 9 p -n- 1 fur „:,2,,,n, ^- . w� x �.• r �py. Wt9'?`y. 1� c i h C.{ tY;Ir L � c- .4Y c y C t. N) ia • <".\ .I, ` .'RD' '.- ..a.� t �, T �� .. ' �.� —?'' Y ' 7 3 �t2 R ,x� V- ' -5;r:11/41.i>":\. (. } �,, • a =may .l-V, EXHIBIT 14r? 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